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Issue no.43 - 4 December 2003

 


  Contents  

News from . . .
KwaZulu-Natal Law Society
  Hours of business over December/January
  New Rules
Government Gazette Update
Draft Bills
Bills
Acts
KZN Acts
Regulations
Construction Industry Development Board
Administration of Estate Act 66 of 1965
Sectoral Determination 8 : Farm worker sector
Education
Proclamations
News on the Electronic Front
Recent Judgments available on the Internet
Government and Legislation
Specifically speaking
News on the Net
Useful links and a couple of others
E-Tips
Virus alert
WWW
Why Work the Web - making the Internet work for you
The Low-Down
Vacancies
Vacancy : Candidate Attorney
Conveyancers
Position sought
Candidate Attorney
News from . . .
SAI

 

  NEWS FROM . . . 

  KwaZulu-Natal Law Society   - http://www.lawsoc.co.za
HOURS OF BUSINESS OVER DECEMBER/JANUARY

Our offices will be closed
from 12:00 on Wednesday 24 December 2003
until 08:00 on Monday 5 January 2004


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NEW RULES
These are due to be gazetted on Friday 5 December.  E-mail help@lawlibrary.co.za thereafter for a copy

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  GOVERNMENT GAZETTE UPDATE 
  Draft Bills 
Convergence Bill
GN 3382/GG 25806/03-12-2003
Comments by 3 February 2004
http://www.gov.za/gazette/bills/2003/25806.pdf
Tobacco Products Control Amendment Bill
GG 25601/17-10-2003
http://www.gov.za/gazette/bills/2003/25601.pdf
Housing Consumers Protection Measures Amendment Bill
GN 2646/GG 25610/22-10-2003
http://www.gov.za/gazette/bills/2003/25610.pdf

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  Bills  
Telecommunications Amendment Bill [B65-2003]
http://www.gov.za/gazette/bills/2003/b65-03.pdf
Traditional Health Practitioners Bill [B66-2003]
http://www.gov.za/gazette/bills/2003/b66-03.pdf
Communal Land Rights Bill [B67-2003]
http://www.gov.za/gazette/bills/2003/b67-03.pdf
Older Persons Bill [B68-2003]
http://www.gov.za/gazette/bills/2003/b68-03.pdf
Adjustments Appropriation Bill [B69-2003]
Children's Bill [B70-2003]
http://www.gov.za/gazette/bills/2003/b70-03.pdf
Choice on Termination of Pregnancy Amendment Bill [B72-2003]

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  Acts  
Judicial Officers Amendment of Conditions of Services Act 28 of 2003
Commencement date : 01 November 2003
http://www.gov.za/gazette/acts/2003/a28-03.pdf
Sectional Titles Amendment Act 29 of 2003
Commencement date : 14 November 2003
Special Pensions Second Amendment Act 30 of 2003
Commencement date : to be proclaimed
Skills Development Amendment Act 31 of 2003
Commencement date : 14 November 2003
Unemployment Insurance Amendment Act 32 of 2003
Commencement date : 14 November 2003
Electoral Laws Amendment Act 34 of 2003
Commencement date : 3 November 2003
http://www.gov.za/gazette/acts/2003/a34-03.pdf
Government Employees Pension Law Amendment Act 35 of 2003
Commencement date : to be proclaimed

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  KZN Acts  
KwaZulu-Natal Land Administration Act 3 of 2003
GN 6218/29-10-2003

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  Regulations  
Intelligence Services Act 65 of 2002

GNR 1505/GG 25592/16-10-2003

Public Finance Management Act 1999

Treasury Regulations
GNR 1535/GG 25605/24-10-2003

Magistrates Act 90 of 1993

Regulations for judicial officers in the lower Courts Amendments
GNR 1593/GG 25637/31-10-2003

Debt Collectors Act 114 of 1998

Amendment
GNR 1623/GG 25666/07-11-2003

Rules of the Constitutional Court

GNR 25643/31-10-2003

International Trade Administration Act 71 of 2002

Anti-Dumping Regulations
GN 3197/GG 25684/14-11-2003

Promotion of National Unity and Reconciliation Act 34 of 1995

Regulations regarding reparation to victims
GNR 1660/GG 25695/12-11-2003

Marine Living Resources Act 18 of 1998

Amendment Regulation
GNR 1669/GG 25717/12-11-2003

Constitution of the Republic of South Africa, 1996
and
Constitutional Court Complementary Act, 1995

Rules of the Constitutional Court
GNR 1675/GG 25726/31-10-2003

Animal Improvement Act 62 of 2002

Regulations
GNR 1682/GG 25732/21-11-2003


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  Construction Industry Development Board  
Construtino Industry Development Board Act 38 of 2000
Construction Industry Development Board : Draft Construction Procurement Best Practice
GN 126/GG 25656/31-10-2003

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  Administration of Estate Act 66 of 1965  
Determination of amount
GNR 1318/GG 25456/19-09-2003

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  Sectoral Determination 8 : Farm worker sector  
Basic Conditions of Employment Act 75 of 1997
Sectoral Determination 8 : farm worker sector : clarification
Correction notice

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  Education  
Higher Education Act 101 of 1997
Independent Assessor's Report on the University of Durban Westville
GN 3195/GG 25671/04-11-2003
Higher Education Act 101 of 1997
Merger of Public Higher Education Institution : University of Natal and the University of Durban-Westville
GN 1688/GG 25737/14-11-2003

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  Proclamations  
Electoral Laws Amendment Act 34 of 2003
Commencement date : 03-11-2003
P 70/GG 25672/03-11-2003
Animal Identification Act 6 of 2002
Commencement date : 21-11-2003
P 71/GG 25732/21-11-2003
Financial Advisory and Intermediary Services Act 37 of 2002
Commencement dates :
15 November 2003, except for ss.13(1)(a), 20 and 31 (P 81/02)
8 March 2003 for ss.20 and 31 (GNR 21/GG 25027/07-03-2003

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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
2 December 2003
CCT 34/03
Shaik v Minister of Justice and Constitutional Development and others
Arrested, detained and accused persons - right to remain silent - sections 26(6) and (8) of the National Prosecuting Authority Act 32 of 1998 - application for leave to appeal dismissed
24 November 2003
CCT 60/03
Van der Westhuizen v S
Application for direct access - application refused
24 November 2003
CCT 42/03
Municipality of Plettenburg Bay v Van Dyk & Co Inc
Application for leave to appeal - non-compliance with rules - application refused
24 November 2003
CCT 43/03
Mercer v S
Application for leave to appeal - constitutionality of provisions of the Nature and Environmental Conservation Ordinance of 1974 (Cape) - no reasonable prospects of success

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LAND CLAIMS COURT OF SOUTH AFRICA
no new judgments this week

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CAPE HIGH COURT
no new judgments this week

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EASTERN CAPE HIGH COURT
no new judgments this week

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FREE STATE HIGH COURT
no new judgments this week

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  Government and Legislation  
SOUTH AFRICA GOVERNMENT ONLINE - http://www.gov.za/

STATEMENTS AND SPEECHES

Department of Labour
2 December 2003
Mdladlana heads South African delegation to ILO African meeting
Department of Communications
2 December 2003
SA-Cuba agreement on information and communications technology
SARS
28 November 2003
SARS launches customs compliance campaign

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[DRAFT] CONVERGENCE BILL - http://www.gov.za/gazette/bills/2003/25806.pdf
Department of Communications
3 December 2003
Cabinet approves Convergence Draft Bill
New bill to give Icasa more powers - 4 December
The telecommunications industry will finally be governed by a tougher, more independent and more skilful regulator if a draft bill heading for Parliament is passed unchanged next year
Business Day website
Draft SA Convergence Bill published for comment - 4 December
The South African Department of Communications (DOC) on Wednesday published a draft Convergence Bill for comment by industry players and the public within 60 days
Mail & Guardian website
Draft Convergence Bill published - 3 December
The Department of Communications (DOC) on Wednesday published a draft Convergence Bill for comment by industry players and the public within 60 days
iAfrica website

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  Specifically speaking  
CORPORATE GOVERNANCE
Offenders to get handcuffs, not handshakes - 5 December
Company executives who deal with fraud or corruption by quietly getting rid of the perpetrator and sweeping the mess under the carpet will now be liable for prosecution
Financial Mail website

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CRIMINAL LAW
Gauteng Provincial Government
1 December 2003
Gauteng MEC Ramokgopa and nurses orientated about court proceedings, 2 Dec

includes
"The nurses, who received their certificates in medico-legal practice last month, are the first group of health professionals in the province to be trained to treat victims of violence and rape in a way that preserves evidence that may be used during police investigations and in court to get a conviction"

MRC slams rape treatment - 2 December
It is not up to doctors or nurses to decide whether rape victims are telling the truth or not. They should leave the facts about the attack to the courts and involve themselves rather with the victim's welfare
News24 website
- INTERNATIONAL -
Victim advocates want names, addresses, records offline - 1 December
As part of a sweeping computer system upgrade, New Hampshire is considering how much public access to grant to electronic court records. Here and elsewhere, privacy and victim advocates want either a ban or strict limits on electronic posting of records involving divorces, domestic violence and sex crimes. But advocates for public access say victims already have many protections
USA Today website
Trial exposes Jimmy Ryce law flaws - 1 December
After living four years in a 7-foot-by-10-foot cell at a detention center for sexually violent predators in Arcadia, Hershel Meadows proved at a trial last week that he didn't belong there after all
Sun-Herald (USA) website
No witness intimidation problem : Law Society - 1 December
The president of the Law Society of Ireland said that he was not aware of an increasing pattern of witness intimidation and he said that the Law Society is not recommending that legislation be changed to deal with the issue
RTE News website

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CUSTOMARY LAW
Nurse takes on African customary law - 28 November
In a move set to further enhance the rights of black women, the Pretoria High Court has ruled that the provisions of customary law, which exclude females from inheriting from an intestate estate, were inconsistent with the constitution
IOL website

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CYBERLAW
Court tries first software piracy case - 21 November
A Russian sailor accused of copying computer software in his Sea Point flat is on trial in the Cape Town Regional Court in the first test case of its kind against rampant software piracy in South Africa
All Africa website
- INTERNATIONAL -
For your information : How Can The Public Sector Provide People With Information on, and Build Confidence in, the Way it Handles their Personal Details? - April 2003
Department of Constitutional Affairs (UK) website

see also

Response - November 2003


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DOMESTIC PARTNERSHIPS
- INTERNATIONAL -
No ring, no rights : cohabiting couples left out in the cold - 1 December
Same-sex couples in England and Wales in long-term relationships will soon have the same legal rights as husbands and wives, under a proposed new Bill announced in the Queen's Speech last Wednesday
Independent (UK) website

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ENVIRONMENT
- INTERNATIONAL -
Great Barrier Reef protection to increase sevenfold - 4 December
One-third of the Great Barrier Reef - an area almost the size of Japan - is to be turned into a protected area under conservation plans announced yesterday by the Australian government
Mail & Guardian website

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EQUALITY
Edgemead schoolgirl wants her day in court - 3 December
The black schoolgirl at the centre of last month's alleged racist attack at Edgemead High School in Cape Town on Wednesday formally applied for an equality court hearing into the incident
IOL website
- INTERNATIONAL -
Alert over religious belief law - 1 December
The West Midlands will bear the full brunt of new employment laws which govern religious beliefs due to the region's ethnic diversity, say legal experts. The warning from the Law Society comes as the region gears up for the introduction of the new Employment Equality (Religion or Belief) Regulations 2003 aimed at closing loopholes in the UK's existing equality and discrimination laws
IC Birmingham website

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FAMILY LAW
Leaving your abusive spouse
You've had enough of the relationship, the abuse, the threats, the jealousy and the rigid 'Thou shalt nots'. It's time to go, but you are really scared of what your husband or partner may be capable of doing to stop you
Health24 website
- INTERNATIONAL -
New bill proposes strengthening domestic violence laws - 2 December
People accused of domestic violence will face new court orders forcing them to stay away from their partners, even if they are acquitted by a court, it was confirmed today
Guardian Unlimited website
Ministers at odds over domestic violence bill - 2 December
Legislation introducing the biggest overhaul of the domestic violence laws for 30 years is to be published today. The domestic violence bill will also contain a controversial proposal for a "stay-away" order which courts may impose even when the defendant has been acquitted and which will carry a prison sentence of up to five years
Guardian Unlimited website
Reform of family law proves no incompatibility between Islam and democracy, ambassador - 29 November
The new Family law announced by Moroccan King Mohammed VI at the opening of the parliament session last month, proves that there is "no incompatibility between Islam, a religion of justice, and democracy" for which Morocco has opted since its independence, said, in Washington Monday, Moroccan ambassador to the United States
Arabic News website
16 percent of Chinese wives beaten by husband : survey - 30 November
A recent survey by the All-China Women's Federation shows that 16 percent of married women have been beaten by their spouses, while five percent and 2.6 percent of women, respectively, said that they have been mentally or sexually hurt by their husbands
China View website

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JUDICIARY AND COURTS
Farewell to constitutional law champion - 4 December
In A glowing tribute to retiring Constitutional Court Judge Laurie Ackermann, Adv Gilbert Marcus said "he is one of those judges who makes the practice of law worthwhile"
Business Day website
SAHRC
2 December 2003
SAHRC assists learner in taking school to court
Shaik's lawyer botches NPA court challenge - 2 December
The Constitutional Court has rejected businessman Schabir Shaik's application to strike down parts of the National Prosecuting Authority (NPA) Act that he believed violated his right to silence - apparently after his lawyers appealed the constitutionality of the wrong sub-section of a law
Mail & Guardian website

see also

Shaik loses ConCourt bid - 2 December
News24 website

Schabir loses his bid for silence - 3 December
Witness website


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LABOUR LAW
Department of Labour
2 December 2003
Mdladlana heads South African delegation to ILO African meeting
Landmark ruling on disciplinary hearings - 30 November
A Pretoria high court judge has given a landmark ruling that the labour court has no jurisdiction to review matters resulting from internal disciplinary hearings
Business Report website

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LEGAL PROFESSION
Laws in limbo - 28 November
As Parliament closed this week for its year-end recess, several key Bills - on child welfare and justice, communal land rights, sexual offences and others - remain pending
Mail & Guardian website
- INTERNATIONAL -
Downside seen in regulation of immigration consultants - 1 December
As regulation reduces the number of consultants, some law firms may well see business increase in the short term, especially those with a wide network of overseas contacts and representatives, because foreign-based consultants will be the hardest hit by new regulation
Globe and Mail website
Charlie is thrust into centre stage for end of the peer show's grand finale - 29 November
With his wig and frock coat, the constitutional affairs secretary should be one of the most traditional members of the Government, but Lord Falconer is something of a radical
Telegraph (UK) website

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PROPERTY LAW
Nine developments sent to prosecutors' office - 2 Decr
Nine Western Cape developments thought to be illegal have been referred to the authorities for possible criminal prosecution
IOL website
H'berg's clearance backlog to be cleared by December 5  - 5 December 2003
The City of Cape Town will be rid of its rates clearance backlog by the end of this month, according to Alderman Maatje Malan, the city's mayoral committee member responsible for finance
News24 website

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TAX
No litmus test to define assets - 1 December
The Eastern Cape Tax Court recently had to determine whether proceeds from the sales of properties should form part of the taxpayer's "gross income" for the years of assessment in question
Business Day website
Crackdown on tax evaders - 30 November
Sars is fully aware of the need to maintain a responsible balance between law enforcement and ensuring that intervention in commercial operations does not obstruct the flow of legal trade
Finance24 website

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 News on the Net  
Business Day
Maduna considers future in new role - 2 December
Justice Minister Penuell Maduna says he is considering offers from two law firms after he quits politics after next year's election

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Finance24

SA's top employers named - 28 November
SABMiller has been named South Africa's best employer in the latest edition of The Best Companies to Work for in South Africa 2004


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Mail & Guardian
Telkom could appeal least-cost ruling - 2 December
South African telecommunications group Telkom has reportedly been granted leave to appeal the ruling made last year that least cost routing (LCR) systems and equipment are not, as Telkom contested, illegal and do not infringe the national carrier's rights under the relevant legislation
Durban first African port with US customs post - 3 December
The port of Durban is the first African port to have a United States customs post as part of the Container Security Initiative (CSI), the US embassy in Pretoria said
Two men arrested in Durban for organ trafficking - 4 December
Two men believed to be involved in an international human organ trafficking network were arrested in Durban on Wednesday
Apartheid victims 'treated like third-class citizens' - 1 December
Still waiting for long-promised reparations payments, members of an apartheid victims support group disrupted a symbolic healing ceremony held in their honour on Sunday by lawmakers and religious leaders
Buying and selling cars the fun way - 3 December
WesBank have come up with a concept that will allow people to test drive, finance and buy a used or new car on the same day at the same venue
US fires Guantanamo defence team - 3 December
A team of military lawyers recruited to defend alleged terrorists held by the US at Guantanamo Bay was dismissed by the Pentagon after some of its members rebelled against the unfair way the trials have been designed, The Guardian has learned

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Scotsman
Sounding out the trademark laws - 27 November
Sounds can be registered as trademarks – but only under certain conditions, European judges ruled today.
The verdict came at the end of the strange case of Beethoven’s Fur Elise and cock-a-doodle-doo

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Telegraph (UK)
Curate's victory on cleft palate abortion - 12 December
A Church of England curate who says that doctors committed an "unlawful killing" by aborting a 24-week-old baby with a cleft palate won the right yesterday to challenge a police force's decision not to prosecute the doctors

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 Useful links and a couple of others  
"A municipal cash cow"? - why didn't I think of that?

City law serious about anthem - 1 December 2003
"If you want to stay on the right side of the law in Baltimore, birthplace of the national anthem, better not belt out the song any old way.
Stand up.
Don't even think about dancing.
And just to be on the safe side, sing all four verses.
Under an ordinance passed in 1915 and still on the books in Baltimore, offending renditions of "The Star-Spangled Banner" can bring criminal charges and a fine of up to $100.
Oh say, can you see ... a municipal cash cow?"
SunSpot website

Odds and ends
The Depopulation Bomb : Law for the Prevention of Hereditary Diseases in Posterity
Discussion forum
Pravda website
Jabberwocky / Lewis Carroll
full text with illustration
http://www.jabberwocky.com/carroll/jabber/jabberwocky.html

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 E-TIPS 
  Virus alert  
Backdoor.Sysbug
Grade 1 risk on Symantec's scale
Discovered 25 November, updated 25 November

Backdoor.Sysbug is a Backdoor Trojan Horse that opens TCP port 5555 and waits for commands from the Trojan's author. It also steals information about the infected computer's configuration.

The Trojan is distributed in an email with following characteristics:

From: james2003@hotmail.com
Subject: Re[2]: Mary
Attachment: Private.zip

Source : http://securityresponse.symantec.com/avcenter/venc/data/backdoor.sysbug.html


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W32.Kwbo.Worm@mm
Grade 2 risk on Symantec's scale
Discovered 2 December, updated 3 December

W32.Kwbot.S.Worm@mm is a mass-mailing variant of W32.Kwbot.Worm. The worm attempts to spread through the Kazaa file-sharing network and uses its own SMTP engine to email itself to contacts in the Windows address book.

The email message has the following characteristics:

Subject: (randomly chosen from the following list)

    • check this out
    • please give me feedback on this
    • long time no see
    • pictures of the kids
    • good antivirus
Attachment: app.exe

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.kwbot.s.worm@mm.html


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W32.Mimail.L@mm
Grade 2 risk on Symantec's scale
Discovered 1 December, updated 3 December

W32.Mimail.L@mm is a variant of W32.Mimail.C@mm that spreads by email and steals information from infected computers.

The email has the following characteristics:

Subject: Re[2]We are going to bill your credit card:
Attachment: wendy.zip

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


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WWW
  Why Work the Web - making the Internet work for you  
E-MAIL
The Fourfold Path to email enlightenment- 29 November
A four-part practical approach to handling email
LLRX website

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  The Low-Down  
  • What's behind Microsoft's Office moves? - 1 December
    Looming competitive and regulatory pressures factored into Microsoft's recent decision to reveal formerly secret pieces of its latest Office software, according to analysts
    CNet News website

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  VACANCIES
  Vacancy : Candidate Attorney
Gavin Gow & Co - Umhlanga Rocks, KwaZulu Natal
Attorneys, Conveyancers and Administrators of Estates

In terms of the Employment Equity Act, we have a vacancy for a suitable Candidate Attorney as from January 2004.  We are prepared to put him/her through the full time legal school which starts 6 January 2004 and finishes in June 2004. 

The signing of Articles will also be conditional upon right of appearance being granted for the Magistrates Court.

Contact
karen@gavingow.co.za 


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  Conveyancers
Ashleen Bhagwandeen

Qualifications
B Com (UNISA, 1998)
LL B (University of Natal, Pietermaritzburg, 1999)
Qualified conveyancer and notary

Languages : English, Hindi, attended Conversational course
Computer experience : MS Word, Excel, DOS, Lotus, e-mail and Internet

Contact
033-394 0811 (o/h) ; 033-391 3483 (a/h)


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Ashnee Ramdhani

Qualifications
B Proc (University of Durban-Westville, 1997)
LL B (University of Durban-Westville, 1999)
Admitted as an attorney and conveyancer in 2002
Right of appearance in High and Constitutional Courts

  • Linguistic abilities : English, Afrikaans, Hindi
  • Member of Black Lawyers Association
  • Member of the Advice Desk for Abused Women

Contact
031-306 4352 (o/h) ; 031-507 8275 (a/h)
Dean.govender@za.sappi.com


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  Position sought
Reshma Beharie

Qualifications
B Proc cum laude (University of Durban Westville)
LL B (University of Durban Westville)
Passed conveyancing examination September 2003

Natal Law Society Prize 2000 : Best Final Year Law Student, UDW 1999
Juta Prize 2000 : Joint winner : Best Clnical Law Student, UDW 1999

Contact
072-239 3329 ; 084-776 0102


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  Candidate Attorney
Keshnee Govender

Qualifications
Currently 4th year LL B (University of Natal, Durban)

  • Member of Black Lawyers Association (University of Natal Student Wing - Director of Workshops)
  • Volunteered with NICRO-Human Rights Day proramme at Westville Prison in 2001 and 2002
  • Assisted the International Human Rights Law Group at the World Conference Against Racism - September 2001

Contact
039-979 5523


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  NEWS FROM . . .
  SAI - www.sai.co.za
Latest products to add value to your current infrastructure

International internet roaming
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Remobe Backup Solution
This solution is powered by Attix 5, audited and used by Pricewaterhouse Coopers and supported by Internet Solutions, SA’s largest First Tier Service Provider.
Your entire data will be encrypted, backed up automatically to a secure offsite server. The scheduled times are set by you, and intelligent devices ensure that only changed data is backed up after the initial backup has been completed.
This solution ensures your data is never lost, and is retrievable at anytime, anywhere in the world.
(A test period of 5 days can be granted to clients who are interested)

Email to Fax / Fax to email facility
The product is unique it does not require any additional hardware/software only the required faxes are printed, which saves on administration costs (All faxes can be saved in digital format)
Any computer generated document, scanned documents and images can be sent as an attachment from your e-mail account to a recipients fax machine from your computer

Server virus scanning
Protect your server from viruses.
It is ESSENTIAL that any server/PC connected to an ISP has their mail filtered for Viruses, therefore SAI offer Off site mail scanning before harmful viruses reach your server

Bandwidth management
This FirstShape product will monitor all Internet based traffic and graph the utilization in a number of ways, showing bandwidth usage trends, protocol types, It will show much of your bandwidth is being used for HTTP, SMTP etc, so that you can prioritise traffic accordingly

Contact
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Durban : 031-566 6300
Sharecall number : 0860 724 911
E-mail : sales@sai.co.za
Fax : 031-571 0242 


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


websites:   
www.lawlibrary.co.za   
www.lawsoc.co.za   

e-mail:   
lawdbn@sai.co.za   
help@lawlibrary.co.za   

  telephone: 031-301 1621   
033-345 1304   
033-342 4064 (Pmb a/h)   

 

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