From the KZNLS and its libraries
Issue no.26 - 16 July 2004

  Contents  

News from . . .
Law Society of South Africa. L.E.A.D - Managing Trust Investments seminar
                                                  - Notarial Practice course
Department of Justice and Constitutional Development - Court Process System
Government Gazette Update
Acts : commencement dates
Bills
Proclamations
Government, General and Board Notices
Recent Journal Articles of Interest
De Rebus
South African Journal of Criminal Justice
South African Law Journal
News on the Electronic Front
Recent Judgments available on the Internet
Government and Legislation
Road Accident Fund
Useful and interesting links
E-Tips
Virus alert
WWW Why Work the Web - making the Internet work for you
Vacancies
Candidate Attorneys
Chair of Commercial Law (University of Cape Town)
Lecturer/Senior Lecturer : Criminology and Criminal Justice (University of Glamorgan)
Vacancies : Legal Secretary and Receptionist/Typist
Market Place
New Horizons
Last Thought
Weblog - http://knowgozone.blogspot.com

 

  NEWS FROM . . . 

  Law Society of South Africa. L.E.A.D   -
   http://www.lssalead.org.za
MANAGING TRUST INVESTMENTS
Presenter

Ashwin Trikamjee - Senior partner at Garlicke & Bousfield

Date and Venue

(09:00-13:00)
28 July 2004
Durban School for Legal Practice

Registration Fees

Practising attorneys : R380pp

More than 4 delegates from the same firm : R250 pp

Candidate Attorneys, Secretaries : R250 pp

All other persons : R700

The Seminar will deal with :

  • The different types of trust investments
  • The statutory requirements relating to Sections 78(2)(a) and 78(2A) trust investments
  • Cash flow considerations
  • Accounting for the interest both to client and the Law Society
  • How to maximise the benefits to the client and the legal practitioner
  • Managing the current trust banking account
  • Bank charges and the recovery thereof
  • VAT relating to bank charges
  • Investment practices
  • Recovery of audit costs

Purpose

To provide attendees with a comprehensive update on the latest developments and statutory requirements relating to the Management of Trust moneys.  In the light of the recent increases in bank charges and the declining interest rates, practitioners would be advised to attend the seminar.

Outcomes

After attendance, participants should be able to :

  • make more meaningful decisions relating to management of trust moneys not only for the benefit of their clients, but also their own as well as the Law Society’s benefit
  • have a comprehensive understanding of the statutory requirements relating to trust moneys, the investment thereof and the recovery of bank charges and audit costs
  • have a detailed knowledge of the bookkeeping entries relating to trust investments and the interpretation thereof

Who Should Attend?

The seminar is very practical and would be of benefit not only to practitioners, but also to all staff members dealing with the administration of trust investments and in particular conveyancing staff, candidate attorneys, bookkeepers and office managers.

Please fax registration form to confirm booking.  Payment can be made either by post or at the venue.

L.E.A.D reserves the right to cancel the seminar should the number of delegates not justify the costs involved

Should you wish to ask the speaker any questions on this topic log on to www.lssalead.org.za and click on the "Submit your questions" icon.   Your questions will be answered at the seminar.

Contact

Jeanette Grobbelaar or Annie Lopes
PO Box 27169, Sunnyside, 0132
Docex 247, Pretoria
Tel : 012-341 3091
Fax : 012-341 3784
E-mail: jeanette@lssalead.org.za or annie@lssalead.org.za


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NOTARIAL PRACTICE COURSE
The final course of 2004 offered to prepare attorneys for the profession's examination in October will be held on five Saturday mornings :

4 September to 9 October

Cape Town, Durban and Johannesburg

For further information, contact Dudu (dudu@lssalead.org.za)
or Jack (jack@lssalead.org.za)
012-341 2841

Register before 2 August 2004

Jack Munting
Manager : Distance Education
Legal Education and Development (L.E.A.D)
Law Society of South Africa


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  Department of Justice and Constitutional Development   -
   http://www.doj.gov.za
COURT PROCESS SYSTEM
Electronic Numbering and Storage of Case Documents

The Court Process Pilot Project was conceived in 1999 and was started in August 2000.  In the request for tender that went out at the time, the following was stated as being the key objective of the system :

"The escalating number of cases handled in the South African Magistrates Courts seriously burdens the administrative capacity of the court personnel and other court resources.  In view of this, the Department of Justice has launched various initiatives intended to improve service delivery and ensure the effective and efficient operation of all offices.  The Department has, therefore, formulated a vision of utilising information technology as an enabler to alleviate the administrative bottlenecks currently experienced.  The Court Process Pilot Project is one of the cornerstones of the vision"

A team of magistrates and clerical personnel from the Johannesburg and Durban magistrates courts under the leadership of Senior Magistrate : Civil, Ruben Mandelstam, designed a comprehensive system to address the complete civil adjudication process with the assistance of the successful tenderer, the Phambili Consortium.  The result of the pilot project was a prototype which included the electronic transfer of documents between the courts, attorneys and sheriffs, and electronic adjudication of cases.

Extensive testing in a lab environment showed that not only did the design work and that such a system was feasible, but also that the system could successfully address the entire civil process, and in fact exceeded anything else that had been attempted anywhere else in the world.  During field testing, as expected, infrastructural and other inadequacies came to light.  These included computer program changes, as well as challenges associated with transporting large documents backwards and forwards across the Internet, the lack of computer standardisation and even use of computers amongst attorneys and sheriffs, and the fledgling status of computerisation within the courts.

At the same time we commenced an exercise to redraft the rules and other legal aspects to allow for electronic management, adjudication and storage of civil cases.  This process will take time to finalise but an approach has been devised which allows us to implement a new system at a pace that can more easily be managed by our community.  The first step involves the electronic numbering and storage of copies of the case documentation.  The second stage will in all likelihood involve the adjudication of undefended actions.  Since these represent the overwhelming majority of cases, this should already result in a major improvement in the performance of the civil courts.

This is an extract from Court Process System (Civil Version 1). Electronic Numbering and Storage of Case Documents. January 2004
E-mail mary@lawsoc.co.za
for a full copy of the 4-page brochure or for further information contact Igna Freysen at ifreysen@ejustice.pwv.gov.za


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  GOVERNMENT GAZETTE UPDATE 
  Acts : commencement dates  
Financial Advisory and Intermediary Services Act 37 of 2002
Commencement date of s.13(1)(a) : 30 September 2004
P 35/GG 26496/02-07-2004
Judicial Matters Amendment Act 16 of 2003
Commencement dates : 18 June 2004 for s.14
9 July 2004 for remainder
P 32/GG 26485/18-06-2004
Local Government : Municipal Finance Management Act 56 of 2003
Commencement dates : 1 July 2004, except for the following
1 December 2004 for ss.62(1)(f)(iv) ; 71 ; 110-116 ; 120
1 April 2005 for ss.9 ; 38-42
1 July 2005 for ss.5(3), (4) and (8) ; 28 ; 34(3) ; 73 ; 91 ; 123 ; 126-134 ; chapter 13 ; s.179
1 July 2006 for ss.83 ; 107 ; 119
1 July 2008 for s.45(4)(a)
GN 772/GG 26510/25-06-2004

Delays and exemptions
GN 773/GG 26511/01-07-2004

Public Service Act, 1994
Amendment of Public Service Regulations, 2001 under s.41 with effect from 1 July 2004
GNR 705/GG 26515/28-06-2004

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  Bills  
Companies Amendment Bill, 2004
To be introduced in Parliament
GN 1198/GG 6506/25-06-2004
http://www.info.gov.za/gazette/bills/2004/26095.pdf
Electoral Commission Amendment Bill
[B7-2004]
http://www.info.gov.za/gazette/bills/2004/b7-04.pdf
Immigration Amendment Bill 2004
Explanatory summary
GN 767/GG 26507/24-06-2004
Public Investment Corporation Bill
[B6-2004]
http://www.info.gov.za/gazette/bills/2004/b6-04.pdf
South African Sports Commission Act Repeal Bill
Explanatory summary only
GN 752/GG 26477/25-06-2004
Taxation Laws Amendment Bill
[B8-2004]
http://www.info.gov.za/gazette/bills/2004/b8-04.pdf

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  Proclamations  
National Conventional Arms Control Committee
Appointment of members
P 33/2004/GG 26486/18-06-2004
Public Service Act, 1994
Amendment to Schedule 2
PR 34/2004/GG 26477/25-06-2004

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  Government, General and Board Notices  
Animals
SPCA Rules
BN 64/GG 26439/17-06-2004
SPCA Constitution
BN 66/GG 26439/17-06-2004
Companies and Close Corporations
Companies : incorporation, dissolution, etc
GenN 1123/GG 26440/25-06-2004
Close corporations
Incorporation, etc
GenN 1124/GG 26440/25-06-2004

Restoration of registration of Close Corporations with effect from the date of publication thereof
GN 1283/GG 26536/09-07-2004

Policy document
South African company law for the 21st century : guidelines for corporate law reform
GenN 1183/GG 26493/23-06-2004
Criminal Matters
Mutual assistance and extradition treaties
Extradition Treaty between RSA and the Arab Republic of Egypt
GNR 774/GG 26497/02-07-2004

Agreement between the governments of the RSA and the Arab Republic of Egypt on mutual legal assistance in criminal matters
GNR 775/GG 26497/02-07-2004

Constitutional Court Library

Designation as a Legal Deposit Library
    
GenN 1131/GG 26477/25-06-2004

Statement received from LIASA :

Designation of the Constitutional Court Library, Johannesburg, as an Official Publications Depository (OPD)

The Minister of Arts and Culture, Dr Z P Jordan, has declared the Constitutional Court Library an official publications depository (OPD) under the Legal Deposit Act, 1997 (Act No. 54 of 1997), effective as of 17 March 2004.  This will be the first OPD to be established in South Africa under the Act.

An OPD serves as a centre for promoting awareness of, and access to, official publications and information held by the government and the institutions listed as public entities in chapter 5 and 6 of the Public Finance Management Act, 1999 (Act No. 1 of 1999).  OPDs will provide access to databases and other information sources to which the public may gain access under any law.  Each OPD is entitled to receive a copy of every official publication that is published in South Africa.

The OPD concept is in line with the Legal Deposit Act, 1997, which provides for the preservation of the national documentary heritage through the legal deposit of published documents emanating from, or adapted for, South Africa. Sections 6(2) and 6(3) of the Act provides for the designation of official publications depositories.

Other legislation supporting the OPD concept is the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996), and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

The Constitutional Court is the highest Court in South Africa and is responsible for interpreting and upholding the Constitution.  The new Constitutional Court building, which was officially be opened on 21 March 2004, is located on the site of the "Old Fort", Braamfontein Hill, renamed Constitution Hill.

The Library of the Court is a specialist library, collecting a variety of legal resources on constitutional, public, human rights and international law.  It is designed to hold in excess of 450 000 books and through its extensive collection development policy, it aims at having a growth rate of about 10 000 volumes per annum.  The public reading room, with its appropriate research facilities, is open to the public.  Its collection is firstly intended for use by the Justices of the Court and their 22 legal researchers, but the Court also views its library holdings as a national asset.  The Court has therefore, in cooperation with the Dept of Justice, worked towards making its library and collection accessible to the public.

The Constitutional Court Library has, with generous funding from the Mellon Foundation in the United States of America, made substantial progress in creating a virtual library. Through the virtual library, lawyers and researchers would be able to access the library's legal resources from all courts in South Africa and throughout the rest of Africa.

Customs and Excise
Amendment of Rules
GNR 725/GG 26455/11-06-2004
Tariff applications list 7 of 2004
GenN 1158/GG 26477/25-06-2004
Imposition of provisional payment (P/P/120)
GNR 753/GG 26490/23-06-2004
GNR 765/GG 26504/25-06-2004
Education
2005 and 2006 school calendars for public schools
GN 726/GG 26461/15-06-2004
Environmental Affairs
National Environmental Management Act 107 of 1998
Proposed regulations under s.24(5)
Comment within 60 days of publication of this notice
GNR 764/GG 26503/25-06-2004

Intent to identify geographical areas, etc, under s.24(2)/107/1998
Comment within 60 days of publication of this notice
GNR 765/GG 26503/25-06-2004

Financial Intelligence Centre Act 38 of 2001
Exemptions
GNR 749/GG 26487/21-06-2004
GNR 788/GG 26521/30-06-2004
Financial Markets Control Act 55 of 1989
Registrar of Financial Markets
Designation of an institution under the definition of "loan stock" designate NBC Future Guard (Proprietary) Limited, as an institution for the purposes of the said definition
GN 1272/GG 26528/30-06-2004
Financial Services Board
Exemption of licensees as regards references to licences in business documentation
BN 71/GG 26477/25-06-2004
Notification of recognition of organisation as regards qualification of compliance officers
BN 72/GG 26477/25-06-2004
Firearms
Fire-arm free zones
The Minister for Safety and Security's intention to declare all schools and learning institutions firearm-free zones published in GenN 749/GG 26305/07-05-2004
Period for comment extended to 31 August 2004
GenN 1127/GG 26472/18-06-2004
Foodstuffs
Milk and dairy products
Amendment to regulations
GNR 759/GG 26497/02-07-2004

Investigation into alleged dumping of cheddar cheese from Ireland initiated
GenN 1157/GG 26477/25-06-2004

Health Professions
Code of Conduct for health professionals
GNR 761/GG 26497/02-07-2004
Regulations defining the scope of the profession of medical technology
GNR 760/GG 26497/02-07-2004
Home Affairs
Births and Deaths Registration Act 51 of 1992
Alteration of surnames in terms of section 26
GN 809/GG 26540/09-07-2004

Alternation of forenames in terms of section 24
GN 810/GG 26540/09-07-2004
GN 811/GG 26540/09-07-2004

ICASA (Independent Communications Authority of South Africa)
Application for amendment of broadcasting license conditions
Jacaranda (Pty) Ltd
GenN 1129/GG 26474/15-06-2004

Unitra Community Radio
GenN 1199/GG 26512/25-06-2004

Notice of intention that interconnection and facilities guidelines will be amended
GenN 1185/GG 26495/22-06-2004
Personal Locator Beacons
Intention to make regulations in respect of Personal Locator Beacons (PLBs)
Comment no later than 30 July 2004
GN 1265/GG 26514/28-06-2004
Justice
Supreme Court Act 59 of 1959
Amendment of the rules regulating the conduct of proceedings of the Orange Free State Provincial Division of the High Court of South Africa
GN 794/GG 26540/09-07-2004
Labour
Basic Conditions of Employment Act 75 of 1997
Investigation of conditions of employment for the contract cleaning sector
GNR 741/GG 26478/25-06-2004
Labour Relations Act 66 of 1975
Bargaining Councils
Building Industry (Bloemfontein)
Extension of amendment of collective agreement to non-parties with effect from 19 July 2004 ending 11 June 2005
GNR 797/GG 26524/09-07-2004
Building Industry (Cape of Good Hope)
Extension of collective amending agreement to non-parties with effect from 19 July ending 31 October 2005
GNR 804/GG 26524/09-07-2004
Civil Engineering Industry
Application for registration of a Bargaining Council
Written objections within 30 days of date of notice
GenN 1132/GG 26477/25-06-2004
Fishing Industry
Extension of Main Collective Agreement for the period ending 30 September 2004
GNR 741/GG 26478/25-06-2004
Furniture, Bedding and Upholstery Bargaining Council (Greater Northern Region)
Extension of main amending collective agreement to nonparties with effect from 19 July 2004 ending 30 June 2006
GNR 805/GG 26524/09-07-2004
Leather Industry
Renewal of Tanning Sector Collective Agreement to be effective from 1 July 2004 to 30 June 2005
GNR 748/GG 26478/25-06-2004
Metal and Engineering Industries Barganing Council
Registration and administration expenses collective agreement
Cancellation of GN 572 of 2 May 2004 with effect from 19 July 2004
GNR 806/GG 26524/09-07-2004

Extension of registration and administration expenses re-enacting and amending collective agreement to non-parties with effect from 19 July 2004 ending 31 March 2005
GNR 807/GG 26524/09-07-2004

Registration of Electrical Contracting and Reticulation Employers' Organisation
With effect from 29 June 2004
GN 1280/GG 26540/09-07-2004
Road Freight Industry
Extension of Main Collective Amending Agreement to non-parties for the period ending 28 February 2005
GNR 740/GG 26478/25-06-2004
Cancelled by GNR 768/GG 26508/25-06-2004
Replaced by GNR 769/GG 26508/25-06-2004

Extension of Provident Fund Collective Amending Agreement to non-parties and extension of period of operation to 28 February 2005
GNR 770/GG 26509/25-06-2004
GNR 771/GG 26509/25-06-2004

South African Local Government
Extension of Wage Collective Agreement to non-parties for the period ending 30 June 2005
GNR 715/GG 26159/18-06-2004

Extension of Bargaining Levels Collective Agreement to non-parties for the period ending 30 June 2005
GNR 716/GG 26159/18-06-2004

Extension of Data Bank Collective Agreement to non-parties for the period ending 30 June 2005
GNR 717/GG 26159/18-06-2004

Extension of Conditions of Service Collective Agreement to non-parties for the period ending 31 December 2006
GNR 718/GG 26159/18-06-2004

Extension of Disciplinary Collective Procedure Agreement to non-parties for the period ending 31 January 2007
GNR 719/GG 26159/18-06-2004

Extension of Task Job Evaluation Collective Agreement to non-parties for the period ending 30 June 2005
GNR 720/GG 26159/18-06-2004

Extension of Rules for the conduct of proceedings before the SALGBC to non-parties for the period ending 30 June 2005
GNR 721/GG 26159/18-06-2004

Extension of Levies Collective Agreement to non-parties for the period ending 30 June 2005
GNR 722/GG 26159/18-06-2004

Extension of Grievance Procedure Collective Agreement to non-parties for the period ending 30 June 2005
GNR 723/GG 26159/18-06-2004

Skills Development Act 97 of 1998
Skills Development Funding Regulations
Amendment
GNR 729/GG 26464/11-06-2004
Trade Unions
Change of name : Association of Metal Iron and General Workers Union becomes United Workers Front (UWF) from 22 June 2004
GenN 1188/GG 26496/02-07-2004

Registration of Impartial Workers Union of SA
GenN 1186/GG 26496/02-07-2004

Registration of South African Fishermen Trade Union (S.A.F.T.U.) with effect from 28 June 2004
GN 1282/GG 26540/09-07-2004

Cancellation of registration of Building and General Workers Union of South Africa
GN 1287/GG 26540/09-07-2004

Cancellation of registration of  Motor and Allied Workers Union of South Africa (MAWUSA)
GN 1281/GG 26540/09-07-2004

Cancellation of registration of South African Federal Workers Union (SAFWU)
GN 1286/GG 26540/09-07-2004

Cancellation of registration of South African Woodworkers Union
GN 1288/GG 26540/09-07-2004

Cancellation of registration of Trade Union of South African Authorities (V)
GN 1289/GG 26540/09-07-2004

Land Afffairs

Subscribe to Words and Deeds, the new information service relating specifically to property law, at no cost.
E-mail mary@lawsoc.co.za for inclusion in the mailing-list

Law Societies
Law Society of the Transvaal
Amendment of Rules
GG 26477/25-06-2004/p.130
Liquor
Liquor Act 59 of 2003
Notice of intention to promulgate regulations in terms of the Liquor Act
Written representations no later than 9 July
GenN 1067/GG 26449/09-06-2004
Application for liquor licences
GG 26489/02-07-2004
Local Government
Local Government : Municipal Systems Act 32 of 2000
Financial bylaws
PGN 25/PG 6273/08-07-2004
Medical Schemes Act 131 of 1998
Undesirable business practice
Declaration in terms of s.61(1)
BN 73/GG 26516/30-06-2004
Medicines and Related Substances Control Act 101 of 1965
Registration of medicine
In terms of provision of s.15(7)
GN 1278/GG 26529/09-07-2004
Merchant Shipping Act 57 of 1951
Maritime Security regulations, 2004
GNR 750/GG 26488/21-06-2004
GNR 751/GG 26488/21-06-2004
Mine Health and Safety Act 29 of 1996
Amendment of regulations
GN 763/GG 26496/02-07-2004
Minerals
Exemption of organs of State from certain provisions
GNR 762/GG 26501/25-06-2004
Mineral and Works Act 27 of 1956
Declaration in the national interest period of two years from 27 July 2003
GNR 801/GG 26524/09-06-2004
Mineral and Petroleum Resources Development Act 28 of 2002
Designation of the Petroleum Agency South Africa (Pty) Ltd to perform functions set out in Ch.6 of the Act
GN 733/GG 26468/18-06-2004
National Treasury
Public Finance Management Act
Statement of the national revenue, expenditure and borrowing as at 31 May 2004
GNR 795/GG 26534/30-06-2004
Onderstepoort Biological Products Incorporation Act 19 of 1999
Appointment to the Board of Directors
Nomination of candidates for appointment to the Board of Directors for Onderstepoort Biological Products Limited invited not later than 29 July 2004
GenN 1159/GG 26477/25-06-2004
Public Finance Management Act, 1999
Listing of public entities amendment of Schedule 3
GenN 1139/GG 26477/25-06-2004
Draft Treasury regulations
Published for comment
Written representations before 19 July 2004
GenN 1261/GG 26513/28-06-2004
Social Services
Professional Board for Probation Services
Regulations regarding the establishment and constitution of the Professional Board for Probation Services
GNR 744/GG 26478/25-06-2004
South African Council for the Architectural Profession
Identification of architectural work
BN 70/GG 26477/25-06-2004
South African Qualifications Authority
Intention to extend accreditation of the following SETAS :
Construction Education and Training Authority
Objections by 26 July 2004
GN 734/GG 26470/14-06-2004

Energy sector
Objections to these extensions to be lodged by 16 July 2004
GN 702/GG 26442/11-06-2004

Insurance sector
Objections to these extensions to be lodged by 16 July 2004
GN 703/GG 26442/11-06-2004

Financial and Accounting Services
Objections to these extensions to be lodged by 16 July 2004
GN 705/GG 26442/11-06-2004

Forestry Industries
Objections to these extensions to be lodged by 16 July 2004
GN 704/GG 26442/11-06-2004

National Standards Bodies Regulations
Dance
Comment no later than 13 July 2004
GN 736/GG 26482/18-06-2004

Democracy, human rights, peace and elections
Comment no later than 17 July 2004
GN 737/GG 26482/18-06-2004

Marketing
Comment no later than 17 July 2004
GN 738/GG 26482/18-06-2004

Entrepreneurship
Comment no later than 26-07-2004
GN 754/GG 26491/25-06-2004

SARS (South African Revenue Services)
Avoidance of double taxation and prevention of fiscal evasion
Proposed negotiation re avoidance of double taxation and prevention of fiscal evasion . . . with the Government of the Republic of Chile
Comments by 23 June 2004
GN 742/GG 26483/18-06-2004
Customs and Excise Act 91 of 1964
Imposition of provincial payment (PP/122) in relation to anti-dumping duty imposed up to and including 17 September 2004, to the extent and on goods set out in the schedule hereto
GNR 783/GG 26533/02-07-2004

Amendment of schedule no.1 (1/1/1254)
GNR 798/GG 26537/02-07-2004

Amendment of schedule no.2 (2/244) retrospective with effect from 28 May 2004 to the extent set out in the schedule hereto
GNR 799/GG 26537/02-07-2004

Amendment of schedule no.10 (10/5) with effect from 15 July 2004 by the insertion of the Southern African Customs Union Agreement as set out in schedule hereto
GNR 800/GG 26537/02-07-2004

Telecommunications
Numbering plans
Draft regulations on the numbering plans in respect of telecommunications services
Written comments no later than 12h00 on 12 July 2004
GenN 1126/GG 26471/14-06-2004
Telecommunication Act 103 of 1996
Regulations in respect of chart of accounts and cost allocation manual for mobile cellular telecommunication services
GN 1302/GG 26520/05-07-2004

Intention to repeal the existing s.56 in terms of s.96 of the telecommunications units and suppliers
GN 1318/GG 26549/06-07-2004

Amendment of interconnection and facilities leasing guidelines and supplements thereto
GN 1301/GG 26539/05-07-2004

Public hearing to be held in terms of s.27 of Act 103 of 1993
Amendment publication on GN 798 of 2004
Hearing date 20 July 2004
GN 1269/GG 26523/29-06-2004

Trade and Industry
Standards Act 29 of 1993
Withdrawal and replacement of the compulsory specifications for the manufacture, production, processing and treatment of canned fish, canned marine molluscs and canned crustaceans with effect from the date two months after the published date of this notice
GNR 790/GG 26530/09-07-2004

Withdrawal and replacement of the compulsory specification of the manufacture, production, processing and treatment of canned meat products with effect from the date two months after the publication date of this notice
GNR 791/GG 26531/09-07-2004

South African Bureau of Standards has acted in regards in the manner set out in the schedules to this notice
GN 796/GG 26540/09-07-2004
Weapons of Mass Destruction
Control measures
Declaration of certain biological goods and technologies to be controlled and control measures applicable to such goods
GN 712/GG 26444/08-06-2004

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  RECENT JOURNAL ARTICLES OF INTEREST 
  De Rebus  
Keeping an eye on the Rule of Law in southern Africa
Editorial
DR - 2004 July
http://www.derebus.org.za/current/editorial/editorial.htm
Letters
Establishment firms benefit from BEE transactions / Mguquka Mkhize
http://www.derebus.org.za/current/letters/beetransactions.htm
De Rebus is indispensable for attorneys without libraries / Welcome L Mokoena
http://www.derebus.org.za/current/letters/indispensable.htm
Profession should help redesign 'slow' deeds registration / Graham Paddock
http://www.derebus.org.za/current/letters/deedsregistration.htm
Attorneys' dress should not be distinct from that of advocates / Senzo Lawrence Buthelezi
http://www.derebus.org.za/current/letters/dresscode.htm
Kleurvolle hofdrag 'n probleem / Jan Wagener
http://www.derebus.org.za/current/letters/hofdrag.htm
Opskrif skep 'verkeerde indruk' / Dan Badenhorst
http://www.derebus.org.za/current/letters/opskrif.htm
Independent advocates are subject to investigation / M Klein
http://www.derebus.org.za/current/letters/investigation.htm
Transport department 'responsible' for taxis without permits / Cebo Chaza
http://www.derebus.org.za/current/letters/taxis.htm
Fica is unconstitutional / Leon Klaff
http://www.derebus.org.za/current/letters/fica.htm
Padontelukkevonds : reg bestuur of nie? / Prokureur, Pretoria
http://www.derebus.org.za/current/letters/padongelukkefonds.htm
Legal representation is important / Rex Joseph Mabusa
http://www.derebus.org.za/current/letters/representation.htm
Keep debt collections professional / Brendan Roodt
http://www.derebus.org.za/current/letters/debtcollections.htm
Sedikwa ke ntswa-pedi ga se thatha - remembering 14 May 2004 (Two heads are better than one) / D M Thulare
http://www.derebus.org.za/current/letters/sedikwa.htm
DR - 2004 July
http://www.derebus.org.za/current/letters/index.htm
News
LSSA Co-Chairs meet Chief Justice, Bar
http://www.derebus.org.za/current/news/lssa.htm
Superior Courts and Legal Practice Bills top priority for Justice Department
http://www.derebus.org.za/current/news/superiorcourts.htm
Justice delivery hampered by 'apartheid' debt
http://www.derebus.org.za/current/news/justicedelivery.htm
LSNP tackles disorder in the new minerals order
http://www.derebus.org.za/current/news/lsnp.htm
New sub-editor joins De Rebus team
http://www.derebus.org.za/current/news/subeditor.htm
FHR launches new funding programmes
http://www.derebus.org.za/current/news/FHR.htm
Cape Town attorney on Rules Board
http://www.derebus.org.za/current/news/rulesboard.htm
A rule of law as strong as the African Rights Charter
http://www.derebus.org.za/current/news/ruleoflaw.htm
WEF surveys judicial independence
http://www.derebus.org.za/current/news/WEFsurveys.htm
Malawi women lawyers plan pro bono legal aid services
http://www.derebus.org.za/current/news/malawi.htm
BLA, US and South African attorneys run commercial law pilot project
http://www.derebus.org.za/current/news/bla.htm
NBA lawyers visit SADC region
http://www.derebus.org.za/current/news/NBAlawyers.htm
LSSA nullifies conveyancing exam results
http://www.derebus.org.za/current/news/nullifies.htm
Hefer lewer intreerede by Kovsies
http://www.derebus.org.za/current/news/hefer.htm
DR - 2004 July
http://www.derebus.org.za/current/news/index.htm
People and Practices
Pillay Nichols Hlahane (PNL)
http://www.derebus.org.za/current/people/pnh.htm
Livingston Leandy Inc
http://www.derebus.org.za/current/people/livingston.htm
Routledge-Modise
http://www.derebus.org.za/current/people/routledge.htm
Fluxmans
http://www.derebus.org.za/current/people/Fluxmans.htm
Bagraims Attorneys
http://www.derebus.org.za/current/people/bagraims.htm
D M Kisch Inc
http://www.derebus.org.za/current/people/dmkisch.htm
Venn Nemeth
http://www.derebus.org.za/current/people/venn.htm
Du Plessis & Kruyshaar
http://www.derebus.org.za/current/people/duplessis.htm
Meise Malan & Hoffman Inc
http://www.derebus.org.za/current/people/meise.htm
Bowman Gilfillan John & Kernick
http://www.derebus.org.za/current/people/bowman.htm
Garlicke & Bousfield Inc
http://www.derebus.org.za/current/leftframe.htm
Balsillies Inc
http://www.derebus.org.za/current/people/balsillies.htm
DR - 2004 July
http://www.derebus.org.za/current/people/index.htm
Identity theft : the dangerous impostor
Murdoch Watney
DR - 2004 July
http://www.derebus.org.za/current/articles/identitytheft.htm
A bridge too ghostly to contemplate?
Pieter Badenhorst and Hanri Mostert
DR - 2004 July
http://www.derebus.org.za/current/articles/bridge.htm
Hidden assets
Andrew Duncan
DR - 2004 July
http://www.derebus.org.za/current/articles/hiddenassets.htm
Some rules of thumb. Fica series. Practice Management
Marelise van der Westhuizen
DR - 2004 July
http://www.derebus.org.za/current/pracman/ficaseries.htm
The Law Reports
The law reports / Heinrich Schulze
http://www.derebus.org.za/current/lawrep/lawrep.htm
Contingency fees : the struggle continues
[URL unknown]
Caveat subscriptor or caveat financial institutions? / Nigel Petzer
http://www.derebus.org.za/current/lawrep/caveat.htm
Third party matters : hit and run
http://www.derebus.org.za/current/lawrep/3rdparty.htm
DR - 2004 July
http://www.derebus.org.za/current/lawrep/index.htm
New legislation
Pieter Stassen and Koos Stassen
DR - 2004 July
http://www.derebus.org.za/current/update/newleg.htm
Employment law update
Talita Laubscher
DR - 2004 July
http://www.derebus.org.za/current/update/employmentlaw.htm
Capital gains tax
Barry Ger
DR - 2004 July
http://www.derebus.org.za/current/update/taxupdate.htm
Evictions under PIE
Willem de Klerk
DR - 2004 July
http://www.derebus.org.za/current/update/propertyupdate1.htm
Liberalisation : opportunity or threat?
Sipho Nkosi
DR - 2004 July
http://www.derebus.org.za/current/update/opinion.htm
Recent articles and research
Henk Delport
DR - 2004 July
http://www.derebus.org.za/current/update/recent.htm

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  South African Journal of Criminal Justice  
The restorative justice bug bites the South African criminal justice system
Boyane Tshehla
SACJ - 2004, v.17(1), p.1
Race, class and restorative justice in South Africa : Achilles Heel, glass ceiling or crowning glory?
Jacqueline Gallinet, Jean Redpath and Julia Sloth-Nielsen
SACJ - 2004, v.17(1), p.17
Paedophilia and South African criminal justice system : a psychological perspective
J le Roux and I Mureriwa
SACJ - 2004, v.17(1), p.41
Crime statistics in South Africa 1994-2003
Julie Berg and Wilfried Scharf
SACJ - 2004, v.17(1), p.57
Comments
Gambling law
Mariya Carnelley
SACJ - 2004, v.17(1), p.79

The European Court of Human Rights and the right to assisted suicide in international human rights law
J M T Labuschagne
SACJ - 2004, v.17(1), p.87
Recent Cases
General principles
Managay Reddi
SACJ - 2004, v.17(1), p.99
Specific crimes
Ronald Louw
SACJ - 2004, v.17(1), p.103
Criminal procedure
Michael Cowling
SACJ - 2004, v.17(1), p.108
Evidence
Nicci Whitear-Nel
SACJ - 2004, v.17(1), p.131
Constitutional application
Anashri Pillay
SACJ - 2004, v.17(1), p.135

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  South African Law Journal  
Reminiscences of Bench and Bar mainly of the Free State
edited by P M Nienaber and Ellison Kahn
SALJ - 2004, v.121(1), p.1
Tribute paid to Justice Johann Kriegler at the Fourth Sydney and Felicia Kentridge Award for Service to Law in Southern Africa
W H G van der Linde
SALJ - 2004, v.121(1), p.18
Remembering Judge President Jack Watermeyer
Jeremy Gauntlett
SALJ - 2004, v.121(1), p.25
Bekker v Naude : the Supreme Court of Appeal settles the meaning of 'drafted' in section 2(3) of the Wills Act but creates potential constitutional problems
Mohamed Paleker
SALJ - 2004, v.121(1), p.27
McDonald v The Master : computer files and the 'rescue provision' of the Wills Act
Michael Wood-Bodley
SALJ - 2004, v.121(1), p.34

CSAR v Welch's Estate : a payment to a trust intended to provide maintenance for a legal dependant of the founder is held to be a donation and subject to donations
R C Williams
SALJ - 2004, v.121(1), p.43
Section 18 of the Criminal Procedure Act : the balance between hope and dread
Les Roberts
SALJ - 2004, v.121(1), p.46
Back to basics : reliance damages for breach of contract revisited
Dale Hutchison
SALJ - 2004, v.121(1), p.51
Article 1 of the OECD Model Tax Convention on Income Tax on income and capital in historical and functional perspective
Johann Hattingh
SALJ - 2004, v.121(1), p.64
South Africanizing company law for a modern, competitive global economy
Tshepo Mongalo
SALJ - 2004, v.121(1), p.93
Holding companies to account : the expenses apportionment conundrum
Luke Connell
SALJ - 2004, v.121(1), p.117
The jurisprudential classification, evaluation and reform of evidentiary principles
C Theophilopoulos
SALJ - 2004, v.121(1), p.163
In defence of affirmative action in South Africa
Ockert Dupper
SALJ - 2004, v.121(1), p.187
A neat trick if you can do it : legal interpretations as literary reading
Patrick Lenta
SALJ - 2004, v.121(1), p.216
Book Reviews
Commentary on the Companies Act
M S Blackman, R D Jooste and G K Everingham
3 v
SALJ - 2004, v.121(1), p.239
The making of South African legal culture 1902-1936. Fear, favour and prejudice
Martin Chanock
SALJ - 2004, v.121(1), p.250
The law of succession in South Africa
M M Corbett, Gys Hofmeyr and Ellison Khan
2nd ed
SALJ - 2004, v.121(1), p.260
Bloody hand! Wills and crime
Ellison Kahn
SALJ - 2004, v.121(1), p.262
Private international law
Christopher Forsyth
4th ed
SALJ - 2004, v.121(1), p.264

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  NEWS ON THE ELECTRONIC FRONT 
  Recent Judgments available on the Internet  
SUPREME COURT OF APPEAL OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA

no new judgments online this week

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LAND CLAIMS COURT OF SOUTH AFRICA
28 June 2004
LCC31R/04
Hurwitz t/a Leashof v Brits
Extension of Security of Tenure Act (ESTA) - Silverlining Farm, Wemmershoek Road, Paarl - automatic review
28 June 2004
LCC69R/04
Du Toit v Fielies and another
Extension of Security of Tenure Act (ESTA) - Concordia farm - automatic review

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EQUALITY COURT
Western Cape Provincial Government
6 July 2004
C Dugmore welcomes settlement of racial assault case of WC schoolgirl
Western Cape Education MEC, Cameron Dugmore, this morning welcomed the settlement in the racism case between two families, involving two high school girls. Criminal charges against a Table View mother, her 17-year-old daughter and the girl's boyfriend were withdrawn because of a conviction and sentence handed to them by the Blue Downs Equality Court earlier
SA Government Online website

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LABOUR COURT
Dismissed employees can avoid CCMA and go to High Court - 11 July
It is becoming increasingly apparent that the jurisdiction of the Labour Court is being encroached on by the High Court. In Alan Feinberg versus African Bank Ltd & Warren Young, the court's decision opens the doors to employees to approach the High Court to determine the fairness of their dismissals and to evade the dispute- resolution mechanisms established by the Labour Relations Act (LRA)
Sunday Times website
Companies must clarify leave policy - 7 July
Two recent court cases have confused the issue in respect of leave pay, specifically regarding accrued leave. The cases are Jooste v Kohler Packaging Limited 2003 12 (LLC) 6.7.2 and Jardine v Tongaat Hewlett 2003 12 (LLC) 6.7.1. Both cases deal with the accumulation of leave, a problem that all employers and employees face over a period of time
Business Report website

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CAPE HIGH COURT
Security boss's conviction set aside - 12 July
The Cape High Court has set aside the attempted murder conviction and sentence of the owner of a security firm working at Parmalat, who shot a Parmalat worker during a strike to protect one of his security guards from being attacked
IOL website

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DURBAN HIGH COURT
Stolen baby : parents blasted - 26 June
The biological and adoptive parents of a baby sold for R10 000 behaved in an equally questionable way, Durban magistrate Anand Maharaj said during the bail hearing of the accused baby thief
News24 website

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EASTERN CAPE HIGH COURT

FREE STATE HIGH COURT

no new judgments online this week

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PORT ELIZABETH HIGH COURT
Madiba colossus flops - 16 July
A high court tug-of-war over prime property in Port Elizabeth is turning the vision of a giant statue of Nelson Mandela into little more than a pipe dream. Transport parastatal Transnet, which owns the land, has distanced itself in court papers from the proposed statue, saying it has "no intention of participating in the proposed development".
Mail & Guardian website

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PRETORIA HIGH COURT
North West Provincial Government
6 July 2004
N West Health welcomes Pretoria High Court ruling
The Department of Health welcomes the decision of the Pretoria High Court to dismiss with costs the application by the Affordable Medicines Trust, the National Convention on Dispensing and Dr Norman Mabasa to have provisions of the Medicine and Related Substances Act on licenses for dispensing of medicine set aside
SA Government Online website
Ministry for Safety and Security
30 June 2004
High Court decision on implementation of Firearms Control Act
An urgent application against the President, myself and the National Commissioner of the South African Police Service was heard today, 30 June 2004, in the High Court in Pretoria. It was alleged that the full implementation of the Firearms Control Act, 2000 and the Regulations would result in numerous difficulties or chaos in respect of hunters, dealers, collectors and firearm owners and the security industry
SA Government Online website

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

STATEMENTS AND SPEECHES

Ministry of Housing
15 July 2004
L Sisulu : Housing MinMec meeting

Breaking new ground in housing delivery
Call Centre : 0800 1 HOUSE (46873)

The Presidency
15 July 2004
T Mbeki on appointment of judges
Government Communication and Information System (GCIS)
9 July 2004
SA and China sign co-operation agreement on media
Western Cape Provincial Government
9 July 2004
WC Public Works uses latest SMS technology to enhance tendering process
Department of Public Service and Administration
9 July 2004
Statement by G Fraser-Moleketi on wage negotiations

dispute declared

KwaZulu-Natal Provincial Government
9 July 2004
B Cele asks drivers to be cautious after bus accident in KZN
Department of Foreign Affairs
9 July 2004
N Dlamini Zuma welcomes ICJ ruling on construction of separation wall by Israel
SA Parliament
8 July 2004
SA Parliament welcomes AU decision to elect SA as seat of PAP
Department of Environmental Affairs and Tourism
8 July 2004
DEAT has extended commercial abalone season

includes policies for non-consumptive resources like boat based whale watching, shark cage diving and scuba diving

Department of Home Affairs
6 July 2004
Statement on candidates for Electoral Commission
National Treasury
29 June 2004
New appointments to Financial & Fiscal Commission
South African Reserve Bank
29 June 2004
SA Reserve Bank launches research publication

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  LEGISLATION  
COMPANIES DRAFT AMENDMENT BILL - http://www.info.gov.za/gazette/bills/2004/26095.pdf
Law coming for 'dishonest directors' - 15 July
A Companies Amendment Bill, which will be piloted through Parliament by Trade and Industry Minister Mandisi Mpahlwa, has been tabled in Parliament. The Bill, which was presented in draft form to then trade and industry ad hoc committee before Parliament went into recess last month, deals with such matters as the circumstances under which "persons" are disqualified from being directors of companies
Business Day website

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FIREARMS CONTROL ACT - http://www.info.gov.za/gazette/acts/2003/a43-03.pdf
South African Police Service (SAPS)
28 June 2004
SAPS on implementation of Firearms Control Act

see also
Pretoria High Court decision and Government Notices above

Firearm appeals gather dust - 13 July
More than 6 000 appeals submitted by people asking for firearm licences have been gathering dust in Pretoria because the independent appeal board has been out of action since May 1
News24 website


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MINERAL AND PETROLEUM RESOURCES ACT
LSNP tackles disorder in the new minerals order
DR - 2004 July
http://www.derebus.org.za/current/news/lsnp.htm

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MUNICIPAL FINANCE MANAGEMENT ACT
Ministry of Finance
29 June 2004
T Manuel : Modernising financial governance in local government

see also
Acts : commencement dates above

Cabinet to see report on huge earnings for municipal managers - 13 July
Provincial and local government minister Sydney Mufamadi is to hand a report to the cabinet outlining recommendations about municipal managers' annual salaries after it was found that a Western Cape municipal manager had earned more than the president, while others earned more than cabinet ministers
Cape Times website

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NON PROFIT ORGANISATIONS ACT
Ministry of Social Development
14 July 2004
Social Development to conduct an impact assessment of NPO Act
The South African Government enacted the Non-Profit Act in 1997 as part of its intention to create an "enabling environment" for the non-profit sector. In terms of the NPO Act, the Department of Social Development began the process of registering and monitoring NPOs in South Africa. To date over 23 000 non-profit organisations have been registered by the Department. To this end, the Department of Social Development is conducting an impact assessment of the NPO Act between July and November 2004

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PRIVACY AND DATA PROTECTION LEGISLATION
Privacy protection in pipeline - 14 July
The wheels are at last in motion for the introduction of privacy and data protection legislation. Wim Mostert, partner at the legal consulting division of Deloitte Legal, says the South African Law Commission is expected to publish a discussion paper within the next few weeks
Business Day website

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PUBLIC INVESTMENT CORPORATION BILL - http://www.pmg.org.za/bills/040511picbill.htm
[draft as of 11 May 2004]
Cosatu rejects investment bill - 25 June
The Congress of South African Trade Unions on Friday called for the draft Public Investment Corporation Bill to be withdrawn pending further consultation
Finance24 website

The Portfolio Committee on Finance (National Assembly) was scheduled to deliberate on and formally consider the Public Investment Corporation Bill at 09:30 on Tuesday 29 June


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SECTIONAL TITLES AMENDMENT BILL 43 OF 2003 - http://www.info.gov.za/gazette/bills/2003/b43-03.pdf
Subscribe to Words and Deeds, the new information service relating specifically to property law, at no cost.
E-mail mary@lawsoc.co.za for inclusion in the mailing-list

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SECURITIES SERVICES BILL
The Bill has been amended and submitted to the National Treasury for approval and is due for presentation in August, with final acceptance possibly being in mid-September.  Once all objections have been dealt with, it should be presented to the NCOP for signature.

A revised copy of the Bill will be published on the Financial Services Board website in due course (http://www.fsb.co.za/).


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  Road Accident Fund  
Road Accident Fund (RAF)
13 July 2004
RAF crackdown on fraud & corruption suspects (Durban area)
Road Accident Fund (RAF)
2 July 2004
Invitation to RAF stakeholders meetings, 15-21 July
'Road Accident Fund on the verge of bankruptcy' - 15 July
A devastating report on the state of South Africa's Road Accident Fund (RAF), which shows that there is no indication that the deteriorating trend of the accumulated deficit will subside, has been tabled in Parliament
Mail & Guardian website
Road Accident Fund may be SA's biggest fraud victim - 16 July
With fraudulent claims expected to have totalled more than R1 billion a year, the Road Accident Fund could turn out to be "the biggest fraud story in South African history", acting chairman Saths Cooper said yesterday
Business Report website
No sign of RAF deficit declining - 16 July
A devastating report on the state of South Africa's Road Accident Fund, that shows that there is no indication that the deteriorating trend of the accumulated deficit will subside, has been tabled in Parliament
Business Day website

top

  Useful and interesting links  
Rand breaks below 6.00/$- 16 July
The rand defied expectations that it would stick to a narrow range on Friday, breaking below the psychological R6.00 per dollar level in afternoon trade
Finance24 website
Public protector : watchdog or lapdog? - 16 July
A review of high profile cases investigated by the office of Public Protector Lawrence Mushwana shows that the former MP has often found in favour of big names. Independent Newspapers revisited all the major cases involving high profile political figures and could not find a single case in which Mushwana had ruled against VIPs
IOL website

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 E-TIPS 
  Virus alert  
W32.Beagle.AB@mm
Grade 3 risk on Symantec's scale
Discovered 15 July, updated 16 July

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

W32.Atak@mm
Grade 2 risk on Symantec's scale
Discovered 13 July, updated 15 July

W32.Atak@mm is a mass-mailing worm that spreads by sending itself to email addresses gathered from the infected computer.

The email has the following characteristics:
Subject:

  • Read the Result!
  • Important Data!
Attachment:
A .zip file that includes a copy of the worm.

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

W32.Lovgate.AC@mm
Grade 2 risk on Symantec's scale
Discovered 13 July

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

W32.Lovgate.AD@mm
Grade 2 risk on Symantec's scale
Discovered 13 July

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

W32.Beagle.AA@mm
Grade 2 risk on Symantec's scale
Discovered 12 July, updated 13 July

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

W32.Lemoor.A
Grade 2 risk on Symantec's scale
Discovered 11 July, updated 12 July

WW32.Lemoor.A is a worm that spreads by exploiting a vulnerability in the FTP server component of the W32.Sasser family of worms

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.lemoor.a.html

W32.Hardoc@mm
Grade 2 risk on Symantec's scale
Discovered 10 July, updated 12 July

W32.Hardoc@mm is a mass-mailing worm that sends itself to email addresses found in .html files and the Windows address book on the infected computer.

The email has the following characteristics:

Subject: (One of the following)

  • Re:
  • Fw:
  • Power Point
Body: !!! Power Point !!!
Attachment: PowerPoint.scr

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

W32.Korgo.X
Grade 2 risk on Symantec's scale
Discovered 9 July

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.korgo.x.html

VBS.Gaggle.E@mm
Grade 2 risk on Symantec's scale
Discovered 8 July, updated 9 July

VBS.Gaggle.E is a mass-mailing worm that overwrites several files. This worm can infect the following file types:

  • .vbs
  • .vbe
  • .js
  • .jse
  • .hta
  • .htm
  • .html
  • .php
  • .shtm
  • .shtml
  • .phtm
  • .phtml
  • .mht
  • .mhtml
  • .plg
  • .htx
The worm retrieves the email addresses from the files that have .hta, .htm, .html, .php, .shtm, .shtml, .phtm, .phtml, .mht, .mhtml, .plg, or .htx extensions. Then, it uses its own SMTP engine to send email to all the email addresses that it finds. The worm can also spread through ICQ, and some file-sharing networks.

The From field of the email is spoofed, the subject line and message vary, and the attachment is Filezip.zip

Source : http://securityresponse.symantec.com/avcenter/venc/data/vbs.gaggle.e@mm.html

W32.Lovgate.AB@mm
Grade 2 risk on Symantec's scale
Discovered 7 July, updated 8 July

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

W32.Lovgate.Z@mm
Grade 2 risk on Symantec's scale
Discovered 5 July, updated 9 July

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

W32.BeagleZ@mm
Grade 2 risk on Symantec's scale
Discovered 5 July, updated 7 July

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

W32.Beagle.Y@mm
Grade 2 risk on Symantec's scale
Discovered 4 July, updated 7 July

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

W32.Mota.A
Grade 2 risk on Symantec's scale
Discovered 4 July, updated 7 July

W32.Mota.A is a worm that propagates by sending itself to email addresses gathered from the computer

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.mota.a.html

W32.Evaman@mm
Grade 2 risk on Symantec's scale
Discovered 3 July, updated 6 July

This is a mass-mailing worm that spreads to addresses found at the website email.people.yahoo.com. The worm arrives as an attachment with an .exe or .scr extension

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

W32.Korgo.W
Grade 2 risk on Symantec's scale
Discovered 2 July, updated 5 July

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.korgo.w.html

W32.Lovgate.Y@mm
Grade 2 risk on Symantec's scale
Discovered 1 July, updated 8 July

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

W32.Lovgate.X@mm
Grade 2 risk on Symantec's scale
Discovered 1 July, updated 9 July

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

W32.Gaobot.AUS
Grade 2 risk on Symantec's scale
Discovered 28 June, updated 29 June

The worm spreads through open network shares and through backdoors that the Mydoom family of worms open. It allows attackers to access an infected computer using a predetermined IRC channel

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.gaobot.aus.html

W32.Randex.ATX
Grade 2 risk on Symantec's scale
Discovered 28 June, updated 29 June

This is a network-aware worm that may be remotely controlled using IRC

Source : http://securityresponse.symantec.com/avcenter/venc/data/w32.randex.atx.html

W32.Bugbear.K@mm
Grade 2 risk on Symantec's scale
Discovered 26 June, updated 28 June

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


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WWW   Why Work the Web - making the Internet work for you  
SEARCHING
Web ad for lawyer linked to competitor spurs dispute - 6 July
Should a lawyer be allowed to drum up business by exploiting searches for his competitor on the Internet? The Kentucky Bar Association is scheduled this month to consider the ethics of such search-engine advertising, which has arisen in a contentious dispute between two Kentucky attorneys who themselves specialize in lawyer ethics
Courier-Journal News website

top

SURFING
Mystery virus spreading through websites - 25 June
A mysterious computer infection is spreading on the Internet, with visitors to some popular websites unwittingly downloading programs that could allow hackers to steal sensitive data, security experts said
IOL website
Gay group slams 'men against moffies' website - 28 June
South Africa's oldest lesbian and gay service organisation, the Triangle Project, on Friday reacted with outrage at a website that called for the "reclaiming of Cape Town from the homosexual plague"
Mail & Guardian website

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WORRYING
Cellphones cut sperm count, says report - 28 June
Men who carry cellphones in their trouser pockets may be at risk of damaging their sperm count, according to research by Hungarian scientists. Full details of the study will be formally presented at the European Society of Human Reproduction and Embryology conference in Berlin on Tuesday. Early reports of the Hungarian work attracted scepticism from other scientists who pointed to the contradictory results of other work on the subject
Mail & Guardian website

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  VACANCIES
  Candidate Attorneys  
James Troward Mabin

Qualifications
LBA LLB (University of the Witwatersrand)
Admitted as an attorney on 19 February 1980

Experience
Own legal practice in Johannesburg : 1990-1999

Lecturer : Introduction to Law, Entrepreneurial Law, Commercial Law, Advanced Industrial Relations and Commercial Law for the Advanced Business Management Diploma

Successfully fought two major Appeal Court cases which are of great interest and importance to the Insurance Industry in general as they involved the principles of non-disclosure, both under common Law of Insurance and under Section 63 of the Insurance Act as well as misrepresentation

Have had numerous successes in the High Court in MVA matters and other matters and in the Industrial Court in labour Law matter

Gaining a reputation in the field of Labour Law, I was invited by Legal Wise to answer questions from listeners on the radio and contributed a commentary on a Supreme Court decision with implications for Labour Law to the Attorney’s Journal De Rebus

Invited by the German Chamber of Commerce to give a series of lectures on South African Law

Successfully formed and structured a number of new businesses and have acted as an arbitrator and mediator in disputes between business partners

Lindsay Keller & Partners : 1983-1989

Webber Wentzel : 1978-1983

Contact
Carol Verwey
Tel : 031-332 9912
Fax : 031-332 0465


I H Almas

Qualifications
LLB undergraduate (University of Western Cape. To complete at end of 2004)

Interests
Commercial litigation, Tax law, Alternative Dispute Resolution, Intellectual Property law

Areas
Durban, Amanzimtoti, Umhlanga Rocks, Empangeni, Chatsworth, Westville, Glenwood, Morningside, Pinetown, Musgrave, Umkomaas, Durban North

Available
January 2005

Contact
084-339 2329
Almas@galmail.co.za


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  Chair of Commercial Law (University of Cape Town)  

Chair of Commercial Law
University of Cape Town

Professorial post in the Faculty of Law for appointment 1 January 2005 latest.

You will have an outstanding teaching and research record in the mainstream of Commercial Law (eg: law relating to banking and securities, commercial competition, corporations, international trade/economy, intellectual property), and the ability to provide intellectual leadership across the range of commercial law. You must also be willing to assume the Headship of the Department of Commercial Law if necessary, to provide managerial leadership within the Department, and to play a full role in the governance of the Faculty.

We are looking for a leading scholar with a critical and comparative approach to his/her subject, who has teaching and research experience of outstanding quality. Knowledge of, or the ability to adapt readily to, South African Law and the context in which it operates is essential.

The remuneration package is negotiable and includes highly competitive benefits. Please send a letter of application, your CV (no certificates), a one-page summary of your CV, and details (email/fax) of 3 referees to: Staff Recruitment and Selection (Ref:877-TH), UCT, Rondebosch 7701 by 26 July 2004. Telephone: (021) 650-2220, fax: (021 ) 650-21 38, e-mail: gparker@bremner.uct.ac.za 

Website: http://w.uct.ac.za

UCT is committed to employment equity. It is our intention to promote equity 4 according to our employment equity plan with the filling of posts. With reference to the employment Equity Act (1998), kindly indicate race, gender and disability status to facilitate this process.

source : http://www.thesjobs.co.uk/rs6/cl.asp?action=view_ad&ad_id=19299


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  Lecturer/Senior Lecturer : Criminology and Criminal Justice  
  (University of Glamorgan)  

Criminology and Criminal Justice
Lecturer/Senior Lecturer
University of Glamorgan
. School of Humanities, Law and Social Sciences

Salary: £22,954 - £35,367 per annum (Ref: HU154)

The successful applicant will hold a good first degree in criminology/criminal justice and a PhD (or near completed PhD) in an area of criminology/criminal justice (or closely related discipline) or have an equivalent publication record. You will be expected to contribute to the following areas; (i) criminal justice (theory and practice) (ii) crime prevention and/or victimology; (iii) penology; (iii) drugs and crime/criminality, and contribute to the administration of the degree course and undertake academic research. For an informal discussion please contact Dr Fiona Brookman on 01443 482572 or fbrookma@glam.ac.uk.

Closing date: 2 August 2004

Details and application form are available on our web-site www.glam.ac.uk/jobs.
Or telephone 01443 482004 (24 hour service)

When requesting an application form, please quote reference HU154

www.glam.ac.uk/jobs

source : http://www.thesjobs.co.uk/rs6/cl.asp?action=view_ad&ad_id=19414


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  Vacancies : Legal Secretary and Receptionist/Typist  
A Westville law firm has immediate vacancies for

Legal Secretary
For general legal matters and litigation
Some conveyancing experience would be beneficial but not essential

Receptionist/Typist
Must be personable, have pleasant voice and be good with people
Legal collections experience a benefit but not essential

Send CV with references in envelope marked 'Confidential' to :

Lomas-Walker & Associates
P O Box 2089
Westville 3630

No telephone calls, e-mails or faxes please


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  MARKET PLACE
   New Horizons  
New Horizons Integrated Learning is a comprehensive approach to training that consists of five components : Assess, Learn, Reinforce, Support and Validate - and combines classroom and eLearning products and services to create a most effective learning experience for almost every desktop application used in the world of business.

Courses

Introduction to Computing
For individuals who have no previous computer experience and wish to learn the first basic steps to use a personal computer

Windows 98
Introduction to the basic elements of this program, enabling one to manipulate and use the Windows environment

Word 2000
Three levels : Level one (edit, format, save and print a document) ; Level two (mailmerging, tables of contents, indexing, footnotes, boilerplates) ; Level three (styles, graphics, advanced table features and macros)

Excel 2000
Three levels : Level one (basics, formulas and formats, preview and print, charts and maps) ; Level two (database basics, database management, linking and protecting) ; Level three (using IF logic, advanced data management, user defined functions and customizing)

Schedule

July 2004
Word 2000, Windows 98, Excel 2000, Powerpoint, ITC, Access 2000, Internet and E-mail

August 2004
Word 2000, Excel 2000, Powerpoint, Corel Draw 11, Windows 98, Access 2000, Internet and E-mail

September 2004
Word 2000, Excel 2000, Windows 98, Access 2000, ITC, Powerpoint

Contact
Chantal van Loon
Tel : 033-346 2880
Fax : 033-346 2769
E-mail : chantal@nhpmb.co.za


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    LAST THOUGHT

The please of Self-Defence
Die Prokureur bel: "Ek stuur 'n klient wat aangekla is van strafbare manslag. Die verweer is selfverdediging".

Die klient daag op met 'n dagvaarding waarin hy aangekla word dat hy 'n voetganger met sy motor doodgery het.

"Ek dog dan jy het in selfverdediging opgetree, hoe rym dit?" wou ek weet.

"Yes Sir, that is correct. You see I was driving my car down the street when another car came round the corner very fast - straight for me. In self-defence I swerved out of his way and collided with the dead man who was walking on the pavement".

Stilte in die Hof! / Izak Nortje. 1992
Source : Law, life and laughter encore / Ellison Kahn. 1999

Strength is the capacity to break a chocolate bar into four pieces with your bare hands - and then eat just one of the pieces
- Judith Viorst


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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:   
help@lawlibrary.co.za   
mary@lawsoc.co.za    

  telephone: 031-301 1621   
033-345 1304   

 

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