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Issue no.3 - 17 January 2003

 


 Contents 

News re . . .
Labour Court judgments
Government Gazette Update
Regulations
Notices
News on the Electronic Front
Recent Judgments available on the Internet
Documents now available on the Internet
Useful links and other snippets
News on the Net
E-Tips
Virus alert

Motorcyclist Leon Humphreys declared war on the DVLA [Driver and Vehicle Licensing Agency] over a £25 fine by insisting in court on a trial by combat : common until the 1300s when juries were introduced

see link below to article on Sun website


 

 NEWS RE . . . 

 Labour Court Judgments  -
The Labour Courts website recently announced that judgments ceased being updated from the end of 2001.  The collection spans 1998-2001 but is not complete.  However, the Wits Law School which maintained this site may reconsider the decision if there is widespread interest in maintaining what they can of the collection.

Please e-mail your views on this matter to mary@lawlibrary.co.za before 31 January so a consolidated comment can be sent to the Wits Law School


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 GOVERNMENT GAZETTE UPDATE 
 Regulations 
Aviation Act
Proposed amendments to the Civil Aviation Regulations
GN R 74/GG 24236/10-01-2003

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 Notices 
Labour
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Circular regarding compensation for pulmonary tuberculosis in health care workers
GN 81/GG 24231/10-01-2003
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Circular regarding compensation for occupational asthma
GN 82/GG 24231/10-01-2003

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 NEWS ON THE ELECTRONIC FRONT 
 Recent Judgments available on the Internet 
SUPREME COURT OF APPEAL OF SOUTH AFRICA
no new judgments this week

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CONSTITUTIONAL COURT OF SOUTH AFRICA
no new judgments this week

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LAND CLAIMS COURT OF SOUTH AFRICA

23 December 2002
LCC3/00
Ndebele-Ndzundza Community concerning the farm Kafferskraal No 181JS
Land reform - Restitution of Land Rights Act 22 of 1994 - determination of validity of claim in terms of section 2 - evidence of community after 19 June 1913 with rights of beneficial occupation - s2(1)(d) - dispossession does not require forceful removal - claim lodged correctly - s2(2) - removal of community as part of homeland policy not just and equitable compensation - in furtherance of laws the Act and Constitution designed to remedy - claim found to be valid. Costs - assistance rendered to community by RLCC legal duty - no obligation to render legal assistance or costs thereof to owners of claimed land - no costs order made


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  Documents now available on the Internet 
Department of Environmental Affairs and Tourism
Incidental catch of seabirds in longline fisheries - 15 January
The Department of Environmental Affairs and Tourism (DEAT) has drafted a National Plan of Action for reducing the incidental catch of Seabirds in longline fisheries (NPOA-Seabrids) after concern started to grow over the numbers of seabirds, especially albatrosses, being killed by longline vessels in Southern Africa
 
The NPOA-Seabirds document is available for public comment on the Department's website www.environment.gov.za. The deadline for comments is 31 January 2003

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Department of Justice
Draft Code of Good Administrative Conduct under section 10 of the Promotion of Administrative Justice Act 2000

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Department of Land Affairs
Land Reform Policy Committee
Municipal Commonage : policy and procedures
Land Reform
Directorate : Redistribution Implementation Systems
Land Planning and Information
Surveys and Mapping

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 Useful links and other snippets 
Pdf files
Why does the KwaZulu-Natal Law Society make use of this format in disseminating information?  What do you need to know to access this type of file?

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Time to browse?
Visit our electronic Reading Room

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Calling Star Wars fans
Star Wars Origami

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 News on the Net 
Ananova
German motorists told not to brake to save a dachshund - 3 January
German motorists have been told not to brake for small dogs and cats if they want to keep their insurance coverage

contrast this with the last tribute to a pet rabbit posted on the Internet in Japan


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BBC
All you need to know - on your wrist - 9 January
In the future we might all be wearing watches that can tell us the latest news and weather, as well as the time, if the vision of Bill Gates comes true.  "Spot [Smart Personal Object Technology] is going to make everyday devices more intelligent," he told attendees of the Consumer Electronics Show in Las Vegas

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Business Day
Startling allegations about Saambou - 17 January
KPMG's hefty 520-page report on Saambou includes a number of startling allegations tying top bank officials to illegal activities, including money laundering and insider trading
Saambou scandal erupts as secret KPMG report fingers executives - 17 January
Startling allegations of criminal conduct by top executives of failed banking group Saambou have emerged in a secret 520page report on the bank's demise
Disciplinary changes for accountants - 16 January
The SA Institute of Chartered Accountants (Saica) now requires delinquent accountants to appear before joint disciplinary hearings representing both Saica and the Public Accountants' and Auditors' Board
Tough new law to curb deception in markets - 15 January
Tough new legislation with stiff penalties will go before Parliament this year in a bid to stamp out various forms of abuse in the financial markets.  The proposed law will considerably expand existing definitions of market manipulation and will apply the penalties currently used for insider trading to a wide range of other offences
Experts to meet over dirty money - 14 January
Thirty-four officials drawn from police, the judiciary, banks and other financial  institutions in Eastern and Southern Africa are to meet in Tanzania next week to discuss the problem of money laundering
Campaign to root out software piracy intensifies - 15 January
A concerted campaign to crush software piracy will pay for itself easily as companies scurry to legalise their programs rather than face prosecution, the Business Software Alliance (BSA) says

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CNet

EFF blasts controversial copyright law - 10 January
In its new "Unintended Consequences" report, the Electronic Frontier Foundation (EFF) lists a variety of cases triggered by the Digital Millennium Copyright Act, a law passed in 1998 designed to bring copyright law into the digital age


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Dispatch

Special court to rule on graft - 11 January
More than 150 fraud-related cases in the province will be dealt with by a special corruption court in King William's Town


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Independent Online (IOL)
New licence status at sixes and sevens - 16 January
Motorists uncertain if they may drive legally without being in possession of the new credit-card format (CCF) licence from March 1 can take heart - the government doesn't know either.  However, the insurance industry warned that motorists who have not converted to the CCF licence could be deemed unlicensed by insurers after March 1 - the deadline for everyone to carry the licence - and have claims turned down
SA's rape law to get more bite - 16 January
In 1998 the South African Law Commission initiated a study into how rape was defined and prosecuted.  The Sex Offences Project committee will publish the results in about a month ;  a senior state advocate at the Sexual Offences and Community Affairs Unit of the National Directorate of Public Prosecutions in the Western Cape hopes the report will prompt re-examination of how rape is defined in South African law, and result in a greater number of successful convictions
Street people ask : is life that cheap? - 10 January
Bodies representing Cape Town's street people have called for the state to appeal against the acquittal of a businessman who was accused of murdering a vagrant
Oudekraal owner gets special leave to appeal - 15 January
Oudekraal landowner Kasper Wiehahn has been thrown a lifeline in his controversial bid to develop the slopes of the Twelve Apostles.  He has been granted special leave to take his case to the Supreme Court of Appeal
Magistrate has unlucky day in court 13 - 17 January
Chaos gripped the city's traffic court when a magistrate was given an astonishing 2 516 cases for the day
Zim judge illegally seizes top farm - 10 January
Zimbabwean High Court judge Ben Hlatshwayo has illegally seized part of a top grain farm in Zimbabwe's former grain belt near the once wealthy farming town of Banket, about 95km northwest of Harare

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Mail and Guardian
SA minister hails Mugabe land grab - 11 January
South African labour minister, Membathisi Mdladlana, said in Zimbabwe that this country had a lot to learn from President Robert Mugabe's programme of land reform
Vampire fever sweeps Malawi - 10 January
A senior ruling party official was recovering in a hospital after being stoned by an angry mob who believed rumours he was harbouring vampires

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Moneyweb
Mervyn King : Chairman, Brait ; chairman, King Commission [interview]

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Natal Witness
Mugabe to step down? - 13 January
President Robert Mugabe would resign and a new power-sharing government would be formed under a deal that has been discussed by Zimbabwe's ruling party and opposition officials, mediators said

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SABC News
Does the law protect whistleblowers? - 16 January
New laws that protect whistleblowers in the fight against corruption went on trial for the first time : legislation that shields workers who report corrupt bosses to the authorities was questioned before the Cape Labour Court

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The Scotsman
Downtrodden Brazilian women given greater equality in civil law - 13 January
A new civil code which updates social rules in Latin America’s largest country of 170 million people, formally ends many of the sexist laws that allowed men to rule the roost in government, business and at home

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Sun Online
£25 fine? Let's fight for it
Motorcyclist
Leon Humphreys declared war on the DVLA over a £25 fine by insisting in court on a trial by combat.  He claimed that under medieval law he was entitled to settle the dispute by fighting a champion nominated by the licensing agency

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Sunday Times
New force cracks down on graft - 12 January
A special police task force consisting of dozens of investigators and prosecutors has been created to root out corruption in the Eastern Cape

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Washington Post
The Law vs The Internet - 16 January
When the Supreme Court ruled to uphold a 1998 law extending the term of copyrights, technology news sites and message boards went into high gear

see also : Interview with co-counsel to the plaintiffs

More computer viruses expected in 2003 - 14 January
Computer users should brace for a new onslaught of viruses this year, especially worms deployed into instant messaging systems that allow users to chat quickly and cheaply across the Web, an anti-virus expert said
US hints it will sue EU over altered crops - 10 January
A US Trade Representative said he strongly supported filing an international trade case against the European Union for its refusal to accept genetically modified food, throwing down a gauntlet on one of the touchiest issues in relations between the United States and Europe
US decries abuse but defends interrogations - 26 December 2002
'Stress and duress' tactics used on terrorism suspects held in secret overseas facilities

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 E-TIPS 
  Virus alert 

W32.Horo@mm

Grade 2 risk on Symantec's scale
Discovered 14 January

W32.Horo@mm is a mass-mailing worm that uses Microsoft Outlook to spread. The email message has the following characteristics:

Subject: Today's free horoscope

Message: Open this screen saver file to see today's horoscope. No registrions. No fees. And No ugly lady in front of you! ABSOLUTE FREE!!!!!!!!!!!!!!!!

Attachment: Horoscope.scr

Affects Windows 95, Windows 98, Windows NT, Windows 2000, Windows XP, Windows Me

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.horo@mm.html


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W32.Sahay.A@mm
Grade 2 risk on Symantec's scale
Discovered 14 January

W32.Sahay.A@mm is a mass-mailing worm that sends email messages to all the addresses in the Microsoft Outlook Address Book. The email message has the following characteristics:

Subject: Fw: Sit back and be surprised..
Attachment: MathMagic.scr

The worm attempts to prepend itself to all the .exe files it finds in the Windows folder and C:\Program Files\Mirc\Download folder. Due to bugs in the worm's code, this threat may crash the computer or corrupt files in these folders. Then, the worm restarts the computer.

Affects Windows 95, Windows 98, Windows NT, Windows 2000, Windows XP, Windows Me

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.sahay.a@mm.html


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Contributions to this bulletin were made by the Librarians and Information Manager of the KwaZulu-Natal Law Society and Marina Rubidge (Librarian - Jowell Glyn and Marais, Johannesburg)


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