InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

Currently in its fourth year, the Program has brought nearly twenty South African lawyers from historically disadvantaged groups to New York City for a year of professional development in corporate and commercial practice.

The New York City Bar Association (the Association) is seeking applicants for the South African Visiting Lawyer Program. The Program will bring up to eight lawyers from historically disadvantaged backgrounds to participate as Vance Center Fellows in a working fellowship program at corporate law firms and the legal departments of investment and commercial banks in New York City for one year.  The 2006/2007 program year will begin in September 2006.

Past fellows have worked at major international law firms such as Simpson Thacher & Bartlett, Cleary Gottlieb Steen & Hamilton, Kirkland & Ellis, Weil, Gotshal & Manges, Skadden, Arps, Slate, Meagher & Flom, O'Melveny & Myers, Shearman & Sterling LLP, Clifford Chance, Cravath Swaine & Moore, and Sullivan & Cromwell, and in the legal departments of Goldman Sachs, Credit Suisse First Boston, Morgan Stanley, JP Morgan Chase and Citigroup.

Applicants should have a minimum of two years practice experience. Some corporate practice experience is desirable. Only attorneys will be considered for participation in the Program.

Applicants are requested to provide the following information:

▪ Curriculum vitae
▪ Law school transcript
▪ A written statement by a lawyer familiar with the applicant's work indicating his/her capacity to work well at the junior level in a commercial transaction
▪ A cover letter indicating how participation in the Program will assist the applicant's professional development, and how the applicant, upon returning to South Africa, will share the new skills he or she has acquired.

The Visiting Lawyer Program will provide transportation and initial lodging for the participants. Vance Center Fellows will receive an annual fellowship stipend of $90,000 along with health benefits provided by the firms and/or banks at which they are placed. After an initial two-week period they will be expected to provide for their housing and living expenses.

In addition to placement at the law firms and banks, the Vance Center Fellows will participate in periodic seminars in international commercial practice organized by the Center. Prior to their departure to New York, participants will be required to attend a three day seminar in U.S. corporate practice.

Attorneys interested in applying for the Visiting Lawyer Program should send the required materials to :

Arno Botha
Law Society of South Africa
PO Box 36626
Menlo Park 0102

A copy of the cover letter and curriculum vitae should also be sent by email to Jennifer Brea, Program Assistant at the Vance Center : jbrea@nycbar.org

Applicants should submit the required materials no later than March 20, 2006.

Candidates who have been selected for interviews will be notified in early May. Interviews will take place in Johannesburg on May 13 and 14, 2006.

[B31-2005]
http://www.info.gov.za/gazette/bills/2005/b31-05.pdf

Constitution Twelfth Amendment Bill

[B33-2005]
http://www.pmg.org.za/bills/051010B33-2005.pdf

Cross-Boundary Municipality Laws Repeal Bill

Intention to introduce into Parliament as soon as possible after 26 September
GenN 1789/GG 28063/23-09-2005

Diamonds Amendment Bill

[B27-2005]
http://www.info.gov.za/gazette/bills/2005/b27-05.pdf

Electricity Regulation Bill

[B29-2005]
http://www.info.gov.za/gazette/bills/2005/b29-05.pdf

Independent Communications Authority of South Africa Amendment Bill

[B32-2005]
http://www.info.gov.za/gazette/bills/2005/b32-05.pdf

Nursing Bill

[B26-2005]
http://www.info.gov.za/gazette/bills/2005/b26-05.pdf

Precious Metals Bill 2005

[B30-2005]
http://www.info.gov.za/gazette/bills/2005/b30-05.pdf

Special Pensions Amendment Bill

[B28-2005]
http://www.info.gov.za/gazette/bills/2005/b28-05.pdf

Commencement date :
(a) 30 September 2005 as the date on which the Act, with the exception of ss.40 and 62, shall come into operation ;
(b) 30 November 2005 as the date on which ss.40 and 62(6) shall come into operation
PR 55/GG 28075/30-09-2005

State Information Technology Agency Amendment Act 38 of 2002

Commencement date of certain provisions of the Act : 3 October 2005 for
(a) ss.1, 2(b) and (c), 4, 5, 8, 9, 12(a), 13, 14, 15 and 16 ;
(b) s.12(B) insofar as it substitutes subsection (3) of and inserts subsection (3A) in s.19 of the State Information Technology Agency Act 88 of 1998
PR 50/GG 28021/23-09-2005

Regulations : amendment
GNR 934/GG 28054/30-09-2005

Health Professions Act 56 of 1974

Health Professions Council of South Africa : regulations
Functions and functioning of professional boards : amendment
GNR 964/GG 28084/07-10-2005

International Health Regulations Act 28 of 1974

Amendments : supplementary regulations
GNR 929/GG 28054/30-09-2005

Labour Relations Act 66 of 1995

Correction notice : Bargaining Council of the Entertainment Industry of South Africa - Extension of Administration an dExpenses Re-enacting Collective Agreement
GNR 935/GG 28054/30-09-2005

National Bargaining Council for the Clothing Manufacturing Industry

Renewal of period of operation of Provident Fund Collective Agreement for the Eastern Cape Region
GNR 968/GG 28084/07-10-2005

Renewal of period of operation of Provident Fund Collective Agreement for the KwaZulu-Natal Region
GNR 969/GG 28084/07-10-2005

Renewal of period of operation of Provident Fund Collective Agreement for Western Cape Region
GNR 970/GG 28084/07-10-2005

Renewal of period of operation of Provident Fund Collective Agreement for Northern Region
GNR 971/GG 28084/07-10-2005

Mineral and Petroleum Resources Development Act 28 of 2002

Exemption of organs of state : uMnambithi/Ladysmith Municipality
GNR 932/GG 28054/30-09-2005

National Prosecuting Authority Act 32 of 1998

Determination of salaries of Prosecutors
GNR 957/GG 28076/30-09-2005

Determination of salaries of Special Investigators
GNR 956/GG 28076/30-09-2005

Northern Province Health Services Act 5 of 1998

Amendment : regulations
GNR 931/GG 28054/30-09-2005

Plant Improvement Act 53 of 1976

Regulations relating to establishment of varieties, plants and propagating material : amendment
GNR 928/GG 28054/30-09-2005

State Information Technology Agency Act 88 of 1998

General regulations
GNR 904/GG 28021/23-09-2005

Telecommunications Act 103 of 1996

Regulations
GNR 963/GG 28091/30-09-2005
GNR 964/GG 28091/30-09-2005

Exposure draft of the Guideline on accounting for public-private partnerships for comment : copies obtainable from http://www.asb.co.za
BN 89/GG 28053/30-09-2005

Exposure drafts of the GRAP on Agriculture, non-current assets - held for sale and discontinued operations, and, Revenue from exchange trasactions : copies obtainable from http://www.asb.co.za
BN 90/GG 28053/30-09-2005

Marine Living Resources Act 18 of 1998

Invitation to apply for rights to undertake commercial fishing of traditional line fish in terms of s.18
GenN 1809/GG 28081/30-09-2005

National Water Act 36 of 1998

Publication of the Water Tribunal Rules
GN 926/GG 28060/23-09-2005

Pan South African Language Board Act 59 of 1995

Nominations for National Language Bodies published for public comment
BN 91/GG 28053/30-09-2005

Norms and Rules for National Language Bodies
BN 94/GG 28053/30-09-2005

Norms and Rules for Provincial Language Committees
BN 92/GG 28053/30-09-2005

Publication of a Board Notice in terms of s.11(7) of the Act
BN 93/GG 28053/30-09-2005

Quantity Surveying Profession Act 49 of 2000

Rules of the South African Council for the Quantity Surveying Profession
BN 88/GG 28053/30-09-2005

Assented to on 31 August 2005
PG 6344/28-09-2005

7 October 2005
CCT55/04
Phillips versus the National Director of Public Prosecutions

7 October 2005
CCT45/04
Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others

29 September 2005
2004/467
Nichol and Another v Registrar Pension Fund and Others
Promotion of Administrative Justice Act 3 of 2000, s 7(2) – failure to exhaust internal remedies before institution of judicial review proceedings – application for exemption in terms of s 7(2)(c) of PAJA – meaning of 'exceptional circumstances'

29 September 2005
2004/457
Ethekwini Municipality v Verulam Medicentre (Pty) Ltd
In duplum rule : not applicable unless interest is payable on debt in arrear

29 September 2005
2004/561
King and Others v Attorneys' Fidelity Fund Board of Control and Another
Alleged failure by National Assembly to fulfil a constitutional obligation – power to declare legislation invalid –different forms of statutory invalidity – invalidity alleged to derive from breach of constitutional obligation to facilitate public involvement in legislative process – section 167(4)(e) of Constitution precludes SCA and high courts from making order or entertaining application

29 September 2005
2004/410
Klokow v Sullivan
Contract – Legality – facts need not always specifically be pleaded before court will relax the rule in pari delicto potior est conditio defendentis - Pleadings not to be approached in an overly technical and formalistic way

The importance of establishing causation - 7 October
The recent judgment of the Supreme Court of Appeal in Western Platinum Ltd v C:SARS 67 SATC 1 provides a good example of the importance of the distinction between sine qua non and causa causans in the tax context. It is also of interest because it deals with the special tax regime for miners
Deneys Reitz attorneys

14 October 2005
LCC43/02
Hlaneki and others v Commission on Restitution of Land Rights and others

14 October 2005
9801/1999
Minister of Trade and Industry of the RSA v Farocean Marine (Pty) Ltd
The Minister of Trade and Industry instituted action against the Defendant for repayment of an amount of R1 723 861, 00 together with interest thereon and costs, being benefits paid to Defendant in terms of a General Export Incentive Scheme (the GEIS scheme) administered by Plaintiff through the Department of Trade and Industry. This scheme was operated in terms of certain written guidelines (the GEIS guidelines) published by the Department from time to time. According to the Defendant it is the Director-General alone who can institute an action against the Defendant to recover amounts paid to it in terms of the GEIS policy and not the Minister or any other person or party and it thus, in terms of its first special plea, seeks dismissal of the action. It is conceded by the Plaintiff that the GEIS scheme as a policy document has pro tanto the force and effect of legislation. This being so, Defendant argues, it must be interpreted as if it was a statute

13 October 2005
8695/2001
James Siyaya and Others v The Minister of Safety and Security of the RSA and Another
The plaintiffs instituted, against defendants, an action arising from a shooting incident on 11 October 2000 at Hillcrest Heights, Eerste River, as a result of which one Bradley Hill was fatally wounded by one or more members of the police force. By agreement between the parties the merits on liability and quantum were separated. This leg of the adjudication pertains to the issue of liability. The defendants, in their plea, raised the defence of justification on three alternative grounds. These are, firstly, self-defence; secondly, necessity and thirdly, indemnity in terms of Section 49 of the Criminal Procedure Act, No 51 of 1977. (Section 49 indemnity)

12 October 2005
9730/1999
Bruce Bennet Bell v The Road Accident Fund
The plaintiff instituted action against the defendant for damages arising from injuries suffered by the plaintiff when he was knocked down by a vehicle driven by an employee of the company for which he was working at the time. The company had its principal place of business and carried out its business activities at the Cape Town International Airport. The defendant raised a special plea to the effect that the plaintiff’s claim is invalid insofar as the purported insured vehicle that allegedly collided with the plaintiff on the 18th November 1994 and at or near the Cape Town International Airport is not a motor vehicle as defined in Section 1 of the Act, Road Accident Fund Act 56 of 1996. The parties agreed that the issue raised in the defendant’s special plea is to be decided by means of a stated case in terms of Rule of Court 33(1) and (2). They further agreed that since the accident occurred in 1994, the relevant and applicable legislation is the Multilateral Motor Vehicle Accidents Funds Act 83 of 1989, in particular Articles 1 and 40 of the Agreement Establishing the Multilateral Motor Vehicle Accidents Fund

7 October 2005
5601/2005
Sebenza Forwarding & Shipping Consultancy (Pty) Ltd v Petro SA and Minister of Mineral and Energy Affairs
The applicant in this matter, which does business as a freight forwarding and clearing agent, launched urgent interdict proceedings against the first respondent. It sought an order that the latter comply with an undertaking allegedly made by it, not to cancel certain contractual arrangements existing between the parties pending an enquiry or investigation to be ordered by the second respondent, the Minister of Minerals and Energy Affairs. Although no relief was initially sought against the Minister, she was cited to the extent that she might have an interest in the matter. The applicant, which proclaims itself a BEE organisation, was awarded a contract in June 2003 to supply clearing and forwarding services to Petro SA in the transportation of its supplies, primarily to its Mossel Bay site. Notwithstanding that the tender award provided for a written contract in terms of which the applicant would supply services to Petro SA for a three year period ending no earlier than 31 July 2006, such a contract was never concluded owing to disagreements which arose between the parties in their negotiations. Although certain interim contractual arrangements remained in place and the applicant continued to provide services to Petro SA, the latter was clearly dissatisfied with this state of affairs. During the course of 2005 it threatened on several occasions and on more than one occasion purported to cancel the contractual arrangements existing between the parties

3 October 2005
9452/2005
Frederick Isaac Julies and Others v The Speaker of the National Assembly and Others
This application concerns the proper interpretation of Schedule 6A to the Constitution of the Republic of South Africa, Act No. 108 of 1996, and in particular item 2 (1) thereof. It is clear from the wording of Schedule 6A, that in enacting this legislation, the Legislature intended to provide a window period of 15 days during which the conduct required by item 2 (1), may take place. Item 4 (3) (a) expressly states that it is during each window period that a change of membership in terms of Schedule 6A may take place. Item 4 (3) (c) protects a member from suspension or disqualification by a party during each window period. Item 5 (1) provides that after the expiry of a window period, the composition of a legislature which has been reconstituted as a result of any conduct in terms of item 2 or 3, is maintained until the next election of that legislature or until the composition of the legislature is reconstituted in accordance with item 2 or 3

Baby Jordan Case

7 October

Baby Jordan trial date set
The five people accused of murdering a six-month-old Cape Town baby will appear in the high court for trial on January 30 next year.
News24 website

Zuma Case

14 October

A taste of the bunfight to come
South Africans had a foretaste of just how bitterly fought the Jacob Zuma case will be, both legally and politically after the former deputy president appeared in court this week
Mail & Guardian website

Be afraid - be very afraid
Outside the Durban Magistrate’s Court this week, South Africa got a very clear snapshot of what a Jacob Zuma presidency would be like. And it was not a spectacle that engenders confidence
Mail & Guardian website

Zuma Trust targets R12 million for legal fees
The Friends of the Jacob Zuma Trust has confirmed that it has set itself a target of R12 million to assist with the legal costs and general welfare of the former deputy president during his corruption trial next year
SABC News website

13 October

Zuma trial next July
Former deputy president Jacob Zuma's trial date has been set for July 31, 2006 in the Durban High Court, the National Prosecuting Authority (NPA) said
Witness website

S Africa cabinet slams Mbeki insults in Zuma row
South Africa's government denounced protesters on Wednesday for insulting and burning T-shirts of President Thabo Mbeki, in the latest challenge to his authority over the sacking of his popular deputy
Reuters website

R12m defence plan for Zuma
A total of R12 million is needed to get the best legal brains in the country to defend embattled former deputy president Jacob Zuma in what is set to be one of the most highly publicised corruption trials involving a politician in the country
IOL website

12 October

Zuma's lawyers doubt he'll face new charges
What charges will be contained in the indictment against former deputy president Jacob Zuma, now set to be made public on November 2? The National Prosecuting Authority is remaining mum on this issue; Zuma's defence team is being cagey
IOL website

'Zuma's team comes out tops'
The score is Jacob Zuma 2, the state 0. This, at any rate, is the way the African National Congress's deputy president's defence team, led by Kessie Naidu SC, saw the outcome of proceedings in the Durban magistrate's court
IOL website

Mbeki's rival turns his corruption hearing into a noisy political rally
The disgraced former president-in-waiting of South Africa, Jacob Zuma, turned a remand hearing on corruption charges yesterday into a huge rally and a direct challenge to Thabo Mbeki
Telegraph website

11 October

Zuma will 'reveal reasons'
Former deputy president Jacob Zuma will reveal the reasons for his implication in corruption after his court battle, he promised more than 1000 supporters outside Durban magistrate's court on Tuesday
News24 website

Zuma prepares to cite 'unreasonable delays'
Jacob Zuma is bringing out the big guns - and he is making it clear that the National Prosecuting Authority will not intimidate him
IOL website

We want bail money back, says Zuma's lawyer
Jacob Zuma's lawyer advocate Kessie Naidu told the Durban magistrate's court on Tuesday that his client's case could not be transferred to the High Court without an indictment
IOL website

Ex deputy president casts long shadow
Former South African deputy president Jacob Zuma appeared before a magistrate on Tuesday to face charges of corruption, bolstered by the support of chanting, ululating crowds outside the courthouse
Reuters website

9 October

Zuma warns of power abuse
South Africa's axed deputy president Jacob Zuma goes back to court this week, nearly four months after he was charged with corruption in a case that has shaken the leadership to its core
News24 website

6 October

Zuma application lodged
An application was lodged in the Durban High Court on Thursday for the return of items seized by the Scorpions during raids at the homes of Jacob Zuma and the office of his attorney Mike Hulley
News24 website

5 October

Zuma document case on hold
Former deputy president Jacob Zuma's attorney, Mike Hulley, wouldn't lodge an application in the Durban High Court on Wednesday for the return of documents seized during recent raids by the Scorpions, according to his secretary
News24 website

3 October

Zuma lawyer wants seized items returned
An application will be lodged in the Durban High Court on Wednesday requesting the return of items seized during recent Scorpions raids on Jacob Zuma's homes, his attorney said
IOL website

Leigh Matthews Case

6 October

Moodleys deny appeal claims
The family of Donovan Moodley, who was jailed for life for the murder of student Leigh Matthews, have denied media reports he would appeal his sentence
News24 website

Mmbatho High Court sitting in Ga-Rankuwa

Rasuge Case
Photo : SABC News		17 October
			Deal for body with Nkuna : prosecutor The prosecuting team which secured William Nkuna's murder conviction says it would consider a deal with him in exchange for information about where he dumped the body of Francis Rasuge, his former girlfriend SABC News website

Justice's long, winding road
Justice of a kind has been served: Frances Rasuge’s lover has been convicted of her death and, for the whole tragic story to be brought to a close, one of the country’s greatest causes célèbres of the year requires only the sentencing of William Nkuna
The Star website

14 October

Historic hi-tech conviction nails Nkuna
It could have been the perfect murder. Police constable Frances Rasuge disappeared on August 27 last year and, assuming she had been murdered, police launched a frantic search for her body, including the dredging of dams. They had a suspect but no body. And as any prosecutor would attest, securing a conviction in a murder indictment without a body was going to be extremely difficult. If the suspect thought he would walk free after initial charges were withdrawn because of a lack of evidence, he failed to take into account high-tech surveillance and forensic science
IOL website

Govt set to find Rasuge's body
The government will focus its efforts on finding the body of Francis Rasuge, the constable who went missing last year, following the conviction of William Nkuna for her murder
SABC News website

13 October

Nkuna blames politicians for court verdict
"Politicians who attended this trial and spoke about it, influenced the judgment," Nkuna said as he was hauled away to the cells
IOL website

Statement by Ms Susan Shabangu, Deputy Minister of Safety and Security, on the conclusion of the Francis Rasuge case
SA Government Online website

12 October

Judgment tomorrow in missing constable trial
Judgment is to be passed tomorrow on William Nkuna, accused of murdering missing constable Frances Rasuge
Dispatch website

11 October

Nkuna faces conviction despite missing body While Smit admitted that the evidence was purely circumstantial, he said it was enough to convict Nkuna for murder. In support of his submissions, Smit quoted a Supreme Court of Appeal case in which an accused was found guilty of murder although the body of his wife was never found. The incident happened in 1960 IOL website

Nkuna tells court blood in car was from sex with Rasuge
Blood spots from missing constable Francis Rasuge found in William Nkuna's car came from their lovemaking
The Star website

10 October

Family 'tried to bewitch me'
William Nkuna says the family of his alleged victim, Frances Rasuge, tried to bewitch him
News24 website

Nkuna denies laying charge against Rasuge
William Nkuna on Monday denied having laid a conspiracy to murder charge against missing constable Frances Rasuge only after learning he was a suspect in her disappearance
IOL website

Nkuna laid charge against Rasuge, court told
The man accused of murdering missing constable Frances Rasuge laid a charge of conspiracy to commit murder against her after he was told she wanted him dead, Mmabatho circuit court heard on Monday
IOL website

7 October

Nkuna's team gets set to fight
Evidence was being prepared by William Nkuna's defence in his trial for the murder of missing police constable Frances Rasuge, after an application for his acquittal was refused on Friday
News24 website

Nkuna loses bid for acquittal
The defence had argued the State did not produce a prima facie case linking Nkuna to Rasuge's murder, no body had been found and that the evidence presented was circumstantial
Sunday Times website

6 October

T-shirt links Nkuna to ATM fraud : Mmano
A black T-shirt helped identify William Nkuna as the man withdrawing money from missing constable Frances Rasuge's account days after she disappeared, the Mmabatho Circuit Court heard on Thursday
IOL website

Rasuge's mom ashamed of daughter's affairs
The mother of missing constable Frances Rasuge has testified that William Nkuna had threatened to kill her daughter and himself
IOL website

Rasuge case continues
The trial of William Nkuna in the Francis Rasuge murder case will continue in the Mmabatho Circuit Court today. Proceedings are to resume with the defence's cross examination of Shaun Niewoudt, the Absa fraud investigator.
SABC News website

5 October

Death threat aired in court
Murder accused William Nkuna had threatened to kill missing police constable Frances Rasuge and himself, her mother told the Circuit Court sitting in Ga-Rankuwa on Wednesday
News24 website

Man withdrew money from missing Rasuge's account
A man wearing a black top was captured on camera withdrawing money from missing Constable Frances Rasuge's bank account days after she disappeared
Mail & Guardian website

Court hears ATM withdrawal details in Rasuge case
A police investigator has testified that more than R4 000 has been withdrawn from the account of missing constable Francis Rasuge, by a black male since the day she disappeared. She has been missing since August 24 last year
SABC News website

4 October

Nkuna's lawyer tries to weaken blood evidence
Missing constable Frances Rasuge's, brother, Oupa, testified on Tuesday that her family had not used the murder accused's car to travel to a funeral in July last year
IOL website

Court hears that Rasuge laid rape charge against Nkuna
Missing police constable Frances Rasuge laid and withdrew rape charges against murder accused William Nkuna three months before she disappeared
Mail & Guardian website

Boyfriend claims Rasuge 'two-timed' Nkuna
It was during the testimony of Rasuge's boyfriend, Stuart Abnor Sello Ramasodi, that Rasuge was painted as a "two-timer" who kept both Nkuna and Ramasodi as lovers. Ramasodi, who spent three weekends a month with her, said that three months into his relationship with Rasuge, he was surprised to discover that Nkuna was still in the picture
IOL website

3 October

Blood stains in Rasuge case reveal perfect match
The court today heard that DNA tests done on bloodstains found in William Nkuna's car revealed a 99% match with that of Francis Rasuge's parents
SABC News website

Rasuge murder trial resumes today
The main suspect in the case of Francis Rasuge, the missing police constable, is expected to resume at the Mmabatho Circuit Court in Garankuwa this morning
SABC News website

Wynburg

'Sex tourist' case postponed - 10 October
The trial of a Swiss lawyer accused of sexually exploiting young boys has been postponed
News24 website

Statements and Speeches

Joint media statement emanating from discussions between the Eastern Cape Department of Education and the South African Democratic Teachers Union held in East London on 13 October 2005
14 October 2005

Avian Influenza
The Commission of the European Union (EU) Communities has reversed the decision to prevent South African products from entering the European Communities due to the outbreak of avian influenza in 2004
14 October 2005

Security preparation - FIFA 2010 Soccer World Cup
14 October 2005
Keyphrase :
2010 FIFA World Cup

Procedures for the application, administration and allocation of export permits to the European Community (EC)
14 October 2005

Statement by the Department of Home Affairs at the conclusion of the Counter-Corruption Workshop, CSIR, Pretoria
14 October 2005

Speech by LN Sisulu Minister of Housing at the Black Management Forum 2005 Annual Conference, Sandton Convention Centre, Johannesburg
14 October 2005

Commission on Traditional Leadership Disputes and Claims visits KwaZulu-Natal
13 October 2005

Tuesday 27 December not a public holiday
13 October 2005

Unemployment Insurance Fund (UIF) monies to be accessed electronically
13 October 2005

Statement of Monetary Policy Committee (MPC)
13 October 2005

Rollout of the Taxi Recapitalisation Programme : issuing of Taxi Operators Licenses
13 October 2005

Statement on Cabinet meeting
12 October 2005
Keyphrases :
Accelerated and Shared Growth Initiative for South Africa
Codes of Good Practice on Broad-based Black Economic Empowerment
Health Professions Amendment Bill (approved for submission to Parliament)
Road Traffic Amendment Bill (approved for submission to Parliament)

Includes appointments :
▪ Members of the Board of the Development Bank of Southern Africa (DBSA) with J Naidoo reappointed as the Chairperson;
▪ Trustees to the Board of the National Empowerment Fund (NEF) Trust;
▪ Board of Khula Enterprises Finance Limited, chaired by Ms N Mapetla;
▪ Board of the Industrial Development Corporation (IDC), with Ms W Luhabe reappointed as Chairperson;
▪ Board of the Land and Agricultural Development Bank with Mr L Mazwai as Chairperson;
▪ Ms Mirriam Nosaziso Mbombo as Provincial Commissioner of the South African Police Service (SAPS) for the Northern Cape Province; and
▪ One Deputy Director-General (DDG) each in the departments of Housing and Education

The Executive Councils of the North West and the Northern Cape Provincial Governments held a joint meeting today to discuss the issue of cross-boundary municipalities in the two provinces
12 October 2005

Press statement on the speed cameras by MEC for Roads and Transport
11 October 2005

New tariff code for health providers
11 October 2005

Auditing Profession Bill

Bill too harsh on auditors, Deloitte tells surprised MPs - 14 October
Accounting firm Deloitte raised eyebrows in parliament yesterday when it said that the Auditing Profession Bill was "too harsh" on auditors, who should be held professionally, but not financially, liable for fraud conducted by their clients
Business Report website

Auditors lash out at liability clause  - 14 October
Auditors and accountants are up in arms about the proposed Auditing Profession Bill, which aims to tighten the governance and responsibilities of auditors in the wake of a spate of large corporate collapses in SA and around the world
Business Day website

Black Administration Act of 1927

'Offensive' apartheid-era act to be dissolved - 14 October
The sun is setting on one of South Africa's last pieces of colonial and apartheid-era legislation : the Black Administration Act of 1927
IOL website

SA scraps last major apartheid law - 13 October
South Africa scrapped the last remnant of apartheid law today, putting the final symbolic nail in the coffin of decades of repressive white rule. The Black Administration Act, which formed the cornerstone of apartheid, was scrapped by Parliament amid jubilation, 11 years after the country's first democratic elections ushered in a black government
SABC News website

Diamond Amendment Bill

Alarm over 'fatal flaws' in diamond shake-up - 11 October
Government’s proposed Diamond Amendment Bill is a recipe for disaster and could result in joblessness, corruption and rampant smuggling if made law, producers and marketers warned
Business Day website

Diamond act : small players split - 11 October
While diamond giants such as De Beers remain solidly opposed to the Diamond Act Amendment Bill, small and medium-sized players in the industry yesterday expressed decidedly mixed views about it
Business Report website

National Credit Bill

Government passes National Credit Bill - 14 October
The controversial National Credit Bill was passed by the national assembly on Thursday, albeit without an amnesty for all South Africans blacklisted by credit bureaus
IOL website

'Bill's credit check ban alarming' - 14 October
The National Credit Bill's ban on job applicant credit checks was of concern to employers worried about fraud, a background screening company said
IOL website

National Credit Bill approved - 13 October
Legislation designed to protect consumers against discrimination in credit granting was unanimously approved in the National Assembly on Thursday
News24 website

MPs to vote on credit bill this week - 10 October
Parliament's portfolio committee on trade and industry on Friday wrapped up its lengthy consideration of the contentious National Credit Bill, well aware that the final version would not please everyone but hoping it would level the playing fields in the credit market
Business Report website

Nursing Bill

Manto, your bill stinks : nursing groups - 12 October
South Africa's beleaguered nursing profession is making no bones about its opinions on the new Nursing Bill - they don't like it
IOL website

Regulation of Foreign Military Assistance Act

Cabinet clears draft bill that draws line between freedom fighters and mercenaries - 11 October
The cabinet has cleared a controversial draft bill that would clamp down on thousands of South Africans doing security work in Iraq but allow others to join foreign liberation struggles. The aim of the new legislation is to close loopholes in the 1998 Regulation of Foreign Military Assistance Act, which has failed to control mercenary activity
Cape Times website

Interception Act now in effect - 4 October
Legislation dealing with the interception of communications is now in effect after being published in the Government Gazette with the date of operation set at 30 September
ITWeb website

New legislation will undermine SA's security staff abroad - 27 September
Private South African citizens are found in dangerous places all over the world providing critical services to international peace and stability operations. They bring remarkable talents and skills, management capabilities and a legendary robustness
Cape Times website

Road Accident Fund Amendment Bill

Cool response to RAF draft bill - 12 October
More than 6 000 people have lodged protests on a website against a draft bill to reform the Road Accident Fund, its creator said on Tuesday. The www.stopthebill.co.za website was created in support of opponents to the bill and aims to get one million signatures to forward to the president
IOL website

Discussion Paper 109 (Project 124)
Privacy and Data Protection
Closing date for comments : 28 Feb 2006
Accessible online via http://www.doj.gov.za/salrc/dpapers.htm

The South African Law Reform Commission is at present conducting an investigation entitled "Privacy and Data Protection" (Project 124).  The investigation was included in the programme of the Commission at the request of the Minister for Justice and Constitutional Development.

The Minister has appointed a Project Committee for this investigation to assist the Commission in its task.  The Chairperson of the Committee is Mr Justice Craig Howie.  Prof Johann Neethling has been appointed as project leader and the other members are Prof Iain Currie, Ms Caroline da Silva, Ms Christiane Duval, Prof Brenda Grant, Ms Adri Grobler, Mr Mark Heyink, Ms Saras Jagwanth and Ms Allison Tilley.

The Commission hereby releases a Discussion Paper and a draft Bill for information and comment.  The return date for comments is 28 February 2006.

Privacy is a valuable aspect of personality. Data or information protection forms an element of safeguarding a person's right to privacy.  The essence of information protection is to provide  a person with (a degree of) control over his or her personal information in instances where his or her personal information  is being collected, stored, used or communicated  by another person or institution.

The recognition and protection of the right to privacy as a fundamental human right in the Constitution provides an indication of its importance. It is, however, not an absolute right and in protecting a person's personal information, consideration should also be given to competing interests such as the administering of  national social programmes, maintaining law and order, and protecting the rights, freedoms and interests of others, including the commercial interests of industry sectors such as banking, insurance, direct marketing, health care, pharmaceuticals and travel services. The task of balancing these opposing interests is a delicate one.

Concern about information protection has increased worldwide since the 1960's as a result of the expansion in the use of computer and telecommunications technologies.  Worldwide, the surveillance potential of powerful computer systems has prompted demands for specific rules governing the collection and handling of personal information. In addition, the use of and reliance on electronic information for aiding in all kinds of decision-making processes have reached critical levels in all walks of life.  For example, the increasingly wide-spread use of on-line shopping, telebanking and electronic funds transfer services has given rise to new sources of personal information concerning a person's spending habits and lifestyles.  Extensive medical records are now kept on computers by both hospital authorities and private insurers alike.  Thanks to computer networking, this plethora of personal information can be accessed from many different locations and transferred amongst them easily and quickly.  In addition, different information sources may be easily mixed and matched in any desirable way so as to create highly sensitive and private personal "electronic profiles" which, apart from being used by the primary owners of the information, may be made available to anyone who is willing to pay.  In reality decisions having major impacts on individuals (such as whether a loan is granted,  a sensitive job is offered, or a life insurance proposal is accepted) are all too often made on the basis of these "electronic profiles" without necessarily having confirmed their accuracy or perhaps without the knowledge of the individuals concerned.

There are now well over thirty countries that have enacted information protection statutes at national or federal level and the number of such countries is steadily growing. Examples are the United Kingdom (Data Protection Act 1998); Canada (Privacy Act 1983 and Personal Information Protection and Electronic Documents Act, 2000), Australia (Privacy Act, 1988 and The Privacy Amendment (Private Sector) Act 2000), New Zealand ( Privacy Act 1993) and most European countries. The investigation into the development of information privacy legislation for South Africa is therefore in line with international trends.

Early on it was, furthermore, recognised that information privacy could not simply be regarded as a domestic policy problem.  The increasing ease with which personal information could be transmitted outside the borders of the country of origin produced a history of international harmonisation efforts, and a concomitant effort to regulate transborder information flows.

In 1995, the European Union enacted the Data Protection Directive which states that countries lacking adequate information protection law will be denied general access to personal information from these states possessing it.    Privacy is therefore an important trade issue, as information privacy concerns can create a barrier to international trade. South Africa cannot afford to be denied general access to personal information from its major trading partner countries, most of which have already implemented proper information protection legislation.

The preliminary recommendations of the Commission, as set out in the Bill accompanying the Discussion Paper, can be summarised as follows:

▪ The protection of personal information in the public and the private sector should be regulated in an act of general application, called the Protection of Personal Information Act, supplemented by codes of conduct for specific sectors.  Both automatic and manual processing of information will be covered and identifiable natural and juristic persons will be protected.

▪ The proposed Bill gives effect to  eight core information protection principles which, inter alia, prescribes the following duties and obligations for responsible parties and provides for the following rights for data subjects (i.e. persons whose information is being collected):

▪ information can only be collected or stored if it is necessary for or directly related to a lawful, explicitly defined purpose and does not intrude upon the privacy of the data subject to an unreasonable extent;

▪ information must be collected directly from and with the consent of the data subject;

▪ data subjects must be informed of the purpose of any such collection and of the intended recipients of the information, at the time of collection;

▪ information must not be kept for any longer than is necessary for achieving the purpose for which it was collected;

▪ information must not be distributed in a way incompatible with the purpose for which is was collected;

▪ reasonable steps must be taken to ensure that the information processed is accurate, up to date and complete;

▪ appropriate technical and organisational measures have to be taken to safeguard the data subject against the risk of loss, damage, destruction of or unauthorised access to personal information;

▪ data subjects are allowed a right of access to their personal information and  a right to demand correction if such information should turn out to be inaccurate.

▪ Exceptions to the information protection principles are provided for and exemptions are furthermore possible for specific sectors in applicable circumstances.   Special provision has furthermore been made for the protection of special (sensitive) personal information such as those revealing racial or ethnic origin, political opinions, religious beliefs, philosophical or ethical persuasions, trade union membership, health and sexual life.

▪ Provision has been made for an independent Information Protection Commission with a full-time Information Commissioner to direct the work of the Commission. The Commission will be responsible for the implementation of both the new, envisaged Protection of Personal Information Act and the current Promotion of Access to Information Act 2 of 2000. Data subjects will be under an obligation to notify the Commission of any processing of personal information before they undertake such processing. Provision has also been made for investigations to be conducted by the Commission prior to commencement of the processing  to establish whether  it complies with the law in instances where the nature of the information being collected warrants a stricter regime.

▪ Enforcement of the Bill will be through the Commission using as a first step a system of notices where conciliation or mediation has not been successful. Failure to comply with the notices will be a criminal offence. The Commission may furthermore assist a data subject in claiming compensation from a responsible party for any damage suffered.  Obstruction of the Commission's work is regarded in a very serious light and constitutes a criminal offence.

▪ A flexible approach will be followed in which industries will develop their own codes of conduct (in accordance with the principles set out in the legislation) which will be overseen by the regulatory agency.  Codes of conduct for individual sectors may be drawn up for specific sectors on the initiative of the specific sector or of the Commission itself.  This will include the possibility of making provision for an adjudicator to be responsible for the supervision of information protection activities in the sector.   The Commission will, however, retain oversight authority. Although the codes will accurately reflect the information protection principles as set out in the Act, it should furthermore assist in the practical application of the rules in a specific sector.

▪ It is the Law Commission's objective to ensure that the legislation provides an adequate level of information protection in terms of the EU Directive. In this regard a provision has been included that prohibits the transfer of personal information, except under special circumstances, to countries that do not, themselves,  ensure an adequate level of information protection.

▪ It should be noted that the promulgation of information protection legislation in South Africa will necessarily result in amendments to other South African legislation, most notably the Promotion of Access to Information Act 2 of 2000, the Electronic Communications and Transactions Act 25 of 2002 and the, still to be enacted, National Credit Bill [B18-2005].  All these Acts contain interim provisions regarding information protection in South Africa.

The issues raised need to be debated thoroughly.  The Commission is seeking feedback regarding all its proposals as set out in the proposed draft Bill.  Respondents are requested to respond as comprehensively as possible. The Commission will also be organising regional workshops at which members of the Project Committee will be present to explain and discuss proposed solutions set out in the Bill and to note comments.

The manner in which the investigation will further progress will primarily depend on the response received from interested parties.   Parties who would like to become involved in the investigation, be included in the Commission's mailing list or attend the forthcoming workshops are invited to submit their particulars to the Law Commission.

Comments and submissions should be addressed to:

The Secretary
SA Law Reform Commission
Private Bag X668
Pretoria 0001

Telephone : 012-392 9540
Fax : 012-320 0936
E-mail : analouw@justice.gov.za
Internet : www.doj.za/salrc/index.htm

Issued by the Secretary, S A Law Reform Commission, Pretoria

Date : 13 October 2005

The contact person for enquiries in respect of media statement is :

Ms Ananda Louw
Telephone : 012-392 9566 (Office)
analouw@justice.gov.za

Discussion Paper 110 (Project 134)
Administration of Estates
Closing date for comments : 18 Nov 2005
Accessible online via http://www.doj.gov.za/salrc/dpapers.htm

Although a role for traditional leaders and customary law is not excluded, a unitary system for the administration of all estates must be applied following the decision of the Constitutional Court in the Bhe matter. Comment is invited on a proposal that all estates should be administered subject to the supervision of the Master of the High Court. It is proposed that special protective measures should apply in small estates, but that in other estates beneficiaries should protect their own interests and the Master should not be obliged to examine all accounts or call for requirements after a liquidation and distribution account has been advertised for inspection free of objections. Regulations which prohibit classes of persons from being appointed as executor or assisting with the administration of estates should be replaced by a requirement that security must be lodged in all cases where the executor is not a duly qualified person or the executor is not assisted by a duly qualified person. Comment is invited on a long list of practical and technical proposals, for instance, should the Master decide factual questions, should there be an Ombud for the administration of estates and should electronic payments be recognised by legislation.

The main thrust of the review of administration of estates is to consider a unitary system for all South Africans. Measures to improve the administration process and reduce the work of the supervising authority and executors, as far as can be justified, are also considered.

It is proposed that all estates should be administered subject to the supervision of the Master and that beneficiaries should have a choice to report an estate to the Master or a service point with jurisdiction. Estates of all persons who die leaving a will or property must be reported. Comment is invited on the question whether a role should be retained for traditional leaders or authorities and customary law.

Comments are invited on the Master’s Policy and Procedural Manual: Administration of Intestate Deceased Estates at Service Points, in particular on designation of service points, the need for centralised records, the reporting of testate estates and the payment of funeral expenses before the appointment of an estate representative.

The Master should not be obliged to examine accounts or tax executor’s remuneration if no estate duty is payable, beneficiaries have no objections or complaints, there are no disputes about the administration, and there are no absentee, unborn, or minor beneficiaries, or other beneficiaries with limited capacity.

Different types of appointment, namely appointments for small estates in terms of section 18(3) and for foreign estates in terms of sections 21 and 25 should be done away with. Special rules should be enacted for executors in small estates which dispense with all requirements once an appointment has been made. Before the appointment of the executor in a small estate, the beneficiaries must sign a statement of assets and liabilities, which shows the intended distribution of the balance and the appointment must set out the assets to be dealt with by the executor.

In estates which comply with specified conditions an executor should be exempted form complying with almost all the requirements of the Administration of Estates Act once the executor has advertised for creditors and advertised a final account for inspection free from objections.

Regulation 910 should be repealed. Security should be called for in all estates except if the executor is or will be assisted in the administration of the estate by an attorney, accountant, board of executors or trust company, bank, or any other category of person exempted by the Minister from furnishing security in the light of the capabilities of the category of persons and measures to ensure professional conduct by the category of persons. If an executor or agent fails to comply with requirements the Master may refuse further appointments unless security is lodged.

The allocation of funds to the Master should reflect the reality that the Masters’ offices play an important role in the lives of people and that the ability of the Masters' offices to render an efficient and effective service must be enhanced.

Comments are invited on the question whether the Master should decide questions of fact and whether the Master should have wide powers to gather information, and appoint a joint executor? The Chief Master or one of the Chief Master’s staff designated by the Chief Master as Ombud should have authority to investigate the actions of a Master or designated official, consider the merits of a matter, take evidence, review a decision of the Master or designated official and give directions which the Ombud deems fit to a Master or designated official.

Newspaper notices in terms of sections 29 and 35 should be done away with. Notice in the Government Gazette should be done away with if a website with public access has been established where notices can be placed.

The forms for death notices and inventories should be reviewed, death certificates should be lodged in all estates and it should be a criminal offence to wilfully furnish false information to the Master.

No changes to the calculation of executors' remuneration are recommended, but a fee charged by an agent should be noted with the executors' remuneration in the account if it differs from the remuneration.

Authority signed by an heir or creditor to effect payment by transfer of funds to a banking account identified in the authority and proof of transfer of funds to that account should be accepted as a receipt in terms of section 35(12) of the Administration of Estates Act. In cases where section 28 will apply the executor should be allowed to open any account with a bank or the Postbank and should not be obliged to open a cheque account.

Copies of the Discussion Paper on Administration of Estates are available free of charge from the office of the Law Reform Commission.

The closing date for comment on this Discussion Paper is 18 November 2005.  Comments and submissions should be addressed to:

The Secretary
SA Law Reform Commission
Private Bag X668
Pretoria 0001

Telephone : 012-392 9540
Fax : 012-320 0936
E-mail : mcronje@justice.gov.za
Internet : www.doj.za/salrc/index.htm

Issued by the Secretary, SA Law Reform Commission, Pretoria

Date : 13 October 2005

The contact person for enquiries in respect of media statement is :

Mr Tienie Cronje
Telephone : 012-392 9553 (Office)
mcronje@justice.gov.za

Register of Debt Collectors - http://www.debtcolregister.co.za/

South Africa

Time for my career to come before my column - 14 October
There are few professions that are as intellectually demanding as law. In advising clients, lawyers are expected to grapple with facts emanating from a wide range of disciplines outside their expertise. Not only do they have to familiarise themselves with these, but they have to become experts in order to render the necessary legal advice
Business Day website

United Kingdom

Top UK firms line up behind City Law Society campaign - 13 October
London’s largest law firms are set to financially back plans by the City of London Law Society (CLLS) after this month’s announcement that the body is pushing to take on a mainstream ‘trade union’ role
Legal Week website

City of London

City Law Society to press for full trade union role - 6 October
The City of London Law Society (CLLS) is to press ahead with ambitious plans to carve out a 'trade union' role after winning the backing of a group of the City’s top law firms
Legal Week website

Ireland

Limerick law firm admits overcharging clients - 14 October
A firm of solicitors in Limerick, McMahon O'Brien and Downes, has admitted overcharging some of the clients it represented at the Residential Institutions Redress Board. A representative of the firm said it would be refunding the clients involved
RTE News website

Animal Rights

Microwaved cat case closed - 5 October
No one will be prosecuted for killing a cat in a microwave oven at the University of KwaZulu-Natal about four months ago because of lack of evidence, the Kloof SPCA said. "However, we (SPCA) will not let the issue drop. Once there's more evidence we will re-open the case."
News24 website

Communications

Icasa to end Telkom's monopoly of international gateway market - 12 October
The Independent Communications Authority of SA (Icasa) would soon introduce regulations that would end Telkom's monopoly of the international line and give other operators access to the international gateway, Paris Mashile, Icasa's chairman, said
Business Report website

Correctional Services

Good news for prisons : Fagan - 12 October
The number of inmates in South Africa’s overcrowded prisons has come down dramatically, Inspecting Judge of Prisons Johannes Fagan said
Citizen website

Courts

Porritt cases

14 October

Porritt still in cells
Gary Porritt, the Pietermaritzburg businessman who has broken all records with 3 160 commercial crime charges served by the Serious Economic Offences Unit, an elite division of the South African Police Services, will be adding another fraud charge to this collection
Witness website

Porritt to face new claim from taxman
A new claim for R1 106 991 in alleged unpaid VAT is to be launched in the Pietermaritzburg High Court next week against tycoon Gary Porritt and associate entities. Porritt was arrested in Pietermaritzburg on Wednesday on a charge of fraud, and was due to bring a bail application yesterday. However, the application will be made today because a magistrate could not be found for the hearing yesterday
The Mercury website

13 October

Tigon CEO 'arrested over false claims'
Tigon CEO Gary Porritt is said to have been arrested again yesterday, this time for alleged fraud involving the submission of false claims to the master of the high court in Pietermaritzburg
Business Day website

11 October

Liquidator ridicules Porritt's compromise offer
Strong opposition has been raised to Gary Porritt's compromise offer to Tigon creditors, which if accepted by the court will yield as little as one-third of a cent in the rand for creditors and will mean that any further claims against Tigon's directors will be forfeited
Business Report website

Emigration and Immigration

Zim and SA agree visas should be scrapped - 13 October
Zimbabwean and South African parliamentary committees have agreed on visas for travel between the two countries should be scrapped, Zimbabwe's Herald Online reported on Thursday
IOL website

Floor Crossing

In defence of crosstitution - 11 October
September’s floor-crossing window was greeted with a barrage of media accusations. Some critics confuse floor-crossing, a symptom, with its underlying causes
Business Day website

Freedom of Speech

'Confucius reigns supreme' - 6 October
Just a week ago The Mail & Guardian's online host was served with a subpoena to release certain information regarding the Oilgate saga. Yet, just one week on, and a journalist testifies in a court case. Why shouldn't the M&G release its information, and why shouldn't a journalist testify in a court of law seemingly nolens volens? No, it's not the sauvignon blanc talking. It's just Latin for willy-nilly. And that's British for sommer net so
News24 website

Gender Issues

Waging the battle for gender equality - 12 October
A groundbreaking gender equality training course for local government officials has wrapped up in Johannesburg
Mail & Guardian website

Health

No more race classification for blood donations - 1 October
The frequency of infection-free blood and not race will be used as the prime risk indictor when collecting or issuing blood, the South African National Blood Service (SANBS) said
Mail & Guardian website

Blood costs up by 10% - September
No racial profiling is to be used by any of the blood transfusion services in the nine provinces in South Africa as from Monday. But will the state be picking up the estimated 10 - 20% cost increase in blood products?
Health24 website

Human Rights

3 kids killed daily in 3 months - 6 October
Almost 300 children were murdered during the first three months of last year, emphasising that South Africa is facing a child-abduction crisis
News24 website

Disgust as police 'parade' missing girl - 14 October
Police are under fire for a public relations effort that degenerated into a "freak show" as they paraded a traumatised minor in front of a horde of print, radio and television journalists. Children's rights groups are "disgusted"
IOL website

Virginity Testing

Virginity testing debate rages - 12 October
"Viva, virginity testing, viva!'' This was the call by a young, traditionally clad female delegate, during public hearings on the Children's Bill, as the controversial subject of virginity testing for girls came under intense debate in a parliamentary committee Tuesday
Witness website

Judiciary

14 October

Hlope 'racism' case goes to Chief Justice
The Cape Bar Council has referred to Chief Justice Pius Langa allegations of racism against the Judge President of the Cape Division, John Hlophe. "If these allegations are indeed true, they are most disturbing since they completely undermine the Judge President's public stand on racism and, in addition, seriously impair the position that he holds," said advocate Ashton Schippers, chairman of the Cape Bar Council
Witness website

13 October

Hlophe in new race spat
The Democratic Alliance has called on the Judicial Services Commission to intervene in the ongoing controversy over Cape judge president John Hlophe
Witness website

New twist in Hlophe saga
It also came to light that Hlophe insulted the Law Society of the Cape of Good Hope by implying that a complaint against Greeff would be futile because "the white gentlemen there would look after his interests"
News24 website

Cape Bar accused of racial favouritism
The Cape Bar has nominated "backward" white male candidates with "narrow, sectarian" interests to the bench in the past 11 years, a top black judge has charged
IOL website

Hlophe to fight 'conspiracy' to unseat him
Cape Judge-President John Hlophe vowed yesterday to fight back against a string of allegations linking him to racist remarks and questionable professional conduct, saying those peddling the accusations were intent on unseating him
Business Day website

12 October

'I'm not part of a conspiracy'
The chairperson of the General Council of the Bar, advocate Norman Arendse, on Wednesday denied being part of any conspiracy to discredit John Hlophe, Judge President of the Cape division
News24 website

New Hlophe row arises
Cape Judge President John Hlophe has on Wednesday vehemently denied claims he deliberately assigned the Mikro Primary School case to a "conservative" judge who could be relied on to "f**k it up"
IOL website

10 October

Judge Hlophe’s peers to look into race row
Langa said that while he had only read about the alleged abuse and Hlophe’s denial in the media, he believed the matter should be dealt with urgently
Business Day website

6 October

Hlophe rejects new race allegation
Western Cape Judge-President John Hlophe has dismissed as "utter rubbish" allegations that he racially abused a top white lawyer and told him to go back to the Netherlands
Business Day website

Labour Law

Prisons must reinstate dead man - 13 October
The department of correctional services has been ordered to "reinstate" and pay full benefits to a former employee found to have been unfairly dismissed, but who has since died
News24 website

Life Assurance

Adjudicator makes more rulings against life assurers - 12 October
Undeterred by the raging retirement annuity debate, the office of the pension funds adjudicator yesterday released another 14 rulings on retirement annuities which found unlawful deductions had been made by life assurers including the Professional Provident Society, Sanlam, Sage, Momentum and Liberty Life
Business Report website

Money-Laundering

Forfeiture unit makes R2m seizure - 14 October
The Asset Forfeiture Unit (AFU) has seized goods worth about R2-million from an international money laundering syndicate, the National Prosecuting Authority (NPA) said on Friday
iAfrica website

Municipal Management and Procedures

Nokeng denies ANC allegations - 14 October
The Nokeng Tsa Taemane local municipality (formerly Cullinan) on Thursday responded to African National Congress (ANC) allegations that it was not meeting regularly and that the executive mayor had failed to table a plan on dealing with the needs of the community
News24 website

Council may have to scrap taxi rank - 13 October
The Msunduzi Municipality has spent about R150 000 on a taxi rank project which may have to be abandoned. Pietermaritzburg residents and businesses have accused the municipality of not following community consultation procedures in building the rank in Langalibalele (Longmarket) Street
IOL website

Fat cats take the cream - 10 October
Fat-cat salaries are crowding out socio-economic delivery in many of South Africa’s municipalities, official figures show. The salaries of municipal councillors and officials outstrip spending on services by nearly R10-billion - 10% of the total municipal budget
Mail & Guardian website

Mbeki grills N Cape's underspending mayors - 1 October
President Thabo Mbeki grilled Northern Cape mayors on Friday about underspending on their capital budgets. He also warned that local-level infighting in the African National Congress, which hampers municipal delivery, has to stop
Mail & Guardian website
Keyphrase :
Frances Baard district municipality

Pension Funds

Insurers illegally take clients' billions - 5 October
Insurance companies Sanlam, Capital Alliance and the Professional Provident Society have been deducting excessive fees unlawfully from retirement annuity (RA) policyholders and have been instructed to repay the money with interest by the pension funds adjudicator, Vuyani Ngalwana
Business Report website

Scorpions - Khampepe Commission

16 October

Spy chief in firing line
Spy chief Billy Masetlha's job is in the balance after his fallout with cabinet over the recent attack by the National Intelligence Agency (NIA) on the credibility of the elite investigations unit, the Scorpions
News24 website

NIA Director-General suspended
21 October 2005
SA Government Online website

14 October

Scorpions' mouthpiece strained by Zuma saga
National Prosecuting Authority spokesperson Makhosini Nkosi is seriously considering his position in the NPA because of mounting pressure from all quarters since the start of the Jacob Zuma saga
IOL website

Scorpions, cops 'can't work'
Police have not echoed the willingness shown by the Scorpions to work together and create mechanisms to do so, it emerged on the final day of public hearings at the Khampepe Commission in Pretoria
Witness website

13 October

Judge furious about 'leak'
Proceedings at the Khampepe Commission were delayed on Thursday when it came to the judge's attention that a highly confidential document had fallen into the hands of a weekly newspaper. She quoted from the Protection of Information Act that if a person possessed a document they knew to be prohibited and published it without it being in the public's interest they were guilty of an offence
News24 website

'Scorpions' olive branch to police ignored'
Police Commissioner Jackie Selebi and Justice Minister Brigitte Mabandla and her predecessor, Penuell Maduna, had either resisted or not taken seriously the need for a committee to co-ordinate the activities of the Scorpions and the police
IOL website

12 October

Moving Scorpions 'a nightmare'
Scorpions head Leonard McCarthy told the Khampepe Commission on Wednesday it would be a "nightmare" to relocate the unit and it should be left in place and enhanced by legislation
News24 website

Statement on Cabinet meeting
SA Government Online website

9 October

'CIA runs Scorpions'
The National Intelligence Agency (NIA) has accused some members of the Directorate of Special Operations, also known as the Scorpions, of spying for foreign governments. It claims that the elite investigative body is breaking the law by running its own intelligence unit
News24 website

Scorpions 'a security risk'
The National Intelligence Agency (NIA) has launched a bizarre attack on the Scorpions, accusing the elite investigative unit of being "a threat to national security".
allAfrica website

7 October

'Enough crime to keep Scorpions'
Merging the Scorpions with police will have a negative impact on South Africa's ability to combat organised crime, the Foundation for Human Rights told the Khampepe Commission in Pretoria
News24 website

Miscellaneous

South African justice launches law program - 11 October
A judge from South Africa's highest court came to South Jersey on Monday to launch a ground-breaking student exchange program with Rutgers-Camden's law school
Asbury Park Press website

S Africa rounds on party corruption as polls loom - 14 October
South African President Thabo Mbeki rounded on Friday on corrupt members of his ruling African National Congress (ANC) who he said were contesting municipal elections just to gain access to state resources. "These goings-on tell the naked truth that the ranks of our movement are being corrupted by a self-seeking spirit that leads some among us to view membership of our organisation as a stepping stone to access state power, which they would then use corruptly to plunder the people's resources for their personal benefit"
Reuters website

Liberia

The non-trial of Charles Taylor  - 14 October
Though exiled two years ago, Liberia's former President Charles Taylor still looms large in the country's first elections since the end of its brutal civil war. The presidential poll to be held on October 11 could help Liberia determine a new course. But Taylor has wielded a heavy hand in the campaign, his impunity making a mockery of international justice. Nigeria, which is giving Taylor sanctuary, is obliged to turn him over to the Special Court for Sierra Leone, created by the United Nations in 2003 to prosecute those responsible for the bloodletting in West Africa's in the 1990's
Namibian website

Nigeria

Nigerian law publishing firm collaborates with South African firm - 14 October
Odade Publishers, one of Nigeria’s law publishing firm, is collaborating with Lexis Nexis Butterworths of South Africa, to publish and market major law publications in the country
Vanguard website

Australia

Age Discrimination

Virgin rapped for age bias - 10 October
Virgin Blue airline recruited younger women in preference to older women in clear defiance of Australia's anti-discrimination laws, a tribunal sitting in Brisbane found
Finance24 website

Tasmania

Law Society seek review of Family Violence Act - 13 October
Tasmania's Law Society believes a section of the new Family Violence Act takes away from judges the ability to exercise discretion
ABC News Online website

Sweden

Sperm donor must pay child support - 14 October
A Swedish man who donated his sperm to a lesbian couple must pay child support for the three boys he fathered, the Supreme Court has ruled
IOL website

Iraq

Security forces on alert before Iraq constitutional vote - 14 October
A security clampdown emptied city streets and highways across Iraq on Friday on the eve of a constitutional referendum that militants have vowed to disrupt
Reuters website

Top politicians hail Iraqi constitution deal - 12 October
President Jalal Talabani and other top politicians on Wednesday praised as "historic" the last-minute compromises that negotiators reached on the draft constitution and urged Iraqis to vote "yes" in this weekend's referendum
IOL website

Iraq to consider constitutional deal - 12 October
Iraq's parliament confirmed it will meet on Wednesday to amend the draft constitution after a deal proposing last-minute changes won support from at least one influential Sunni Arab group
IOL website

Anti-Terrorism

Terror Bill 'too weak to prevent human rights challenge' - 13 October
New police powers to detain terrorist suspects for up to three months without charge could fall foul of the Human Rights Act, according to the Government's independent watchdog on terrorism legislation
Telegraph website

Blair : case for three-month detention is 'compelling' - 11 October
Tony Blair today said the police had a "compelling case" for holding terror suspects without charge for three months, as proposed in an anti-terror bill to be published tomorrow. The home secretary, Charles Clarke, meanwhile said the bill's provisions on "glorifying" terrorism would be legally watertight, as he defended it to a committee of MPs
Guardian Unlimited website

Concessions on anti-terror laws - 11 October
Home Secretary Charles Clarke has indicated a series of possible concessions in his controversial terrorism crackdown
Scotsman website

Emigration and Immigration

Asylum cheat's win halts deportations to Mugabe regime - 15 October
Britain was forced to suspend deportations to Zimbabwe last night after a failed asylum-seeker won the right not to be sent back
Telegraph website

Human Rights

New fathers to be offered six months' unpaid leave - 10 October
Men are to be given the right to six months' paternity leave during the first year of their baby's life, but it will be unpaid, the Government is expected to say this week
Telegraph website

Parents want 'improved' Charlotte's court order lifted - 14 October
The parents of Charlotte Wyatt claimed yesterday that her quality of life had improved so much that an order allowing doctors not to resuscitate her if she stops breathing should be lifted
Telegraph website

Archives, truth and reconciliation - 14 October
World-renowned human rights advocate and South African Constitutional Court Judge, Justice Albie Sachs, will deliver the inaugural National Archives Lecture, on the topic 'Archives, Truth and Reconciliation' – on October 24. Justice Sachs will speak on the possibilities and limitations of public records in preserving democratic values and human rights, and unearthing the truth about government actions in the past
Managing Information website

Sex slaves freed as police smash human trafficking operation - 1 October
Police have smashed a major human trafficking ring after freeing 19 women who were being held captive and forced to work as prostitutes in the West Midlands. A special task force raided the Cuddles massage parlour in Birmingham and released women who came from a number of countries across Europe and beyond
Telegraph website

Judiciary

Don't browbeat judges, chief justice warns Blair - 12 October
Judges and the Government were on a collision course last night after the new Lord Chief Justice warned ministers not to try to "browbeat" them
Telegraph website

Legislation

A licence for raves with no chance to object - 5 October
Rave parties or festivals lasting up to four days and involving as many as 500 people able to drink round the clock will be allowed without the public having any right to object under the new Licensing Act, it has emerged
Telegraph website

Human Rights

Outrage at more than 2 000 juveniles in US jailed for life without parole - 13 October
Two leading human rights organisations have accused the United States of effectively throwing away the lives of more than 2 000 juvenile offenders sentenced to life imprisonment without the possibility of parole - a punishment entirely out of step with international law but one increasingly popular with tough-on-crime US legislators
Cape Times website

Labour Law

More US workers playing hooky - 4 October
Calling in sick - it's the corporate equivalent of "the dog ate my homework". And apparently it's more rampant than ever. Forty-three percent of US workers said they've faked illness in order to dodge a day of work at least once in the past year, according to a survey by online job board CareerBuilder.com. That's up from 35 percent in last year's survey. But many bosses are not amused. Twenty-three percent reported firing an employee for missing work without a legitimate reason
CNet News website

World Day Against the Death Penalty - 10 October
Today Amnesty International marks the World Day Against the Death Penalty 2005 by calling on all African states to abolish the death penalty
Amnesty International website

A new battlefield : ownership of ideas - 3 October
In another era, a nation's most valuable assets were its natural resources - coal, say, or amber waves of grain. But in the information economy of the 21st century, the most priceless resource is often an idea, along with the right to profit from it
International Herald Tribune website

Power grab could split the Net - 3 October
For the first time in its history, the Internet is running a real risk of fracturing into multiple and perhaps even incompatible networks. At a meeting in Geneva last week, the Bush administration objected to the idea of the United Nations running the top-level servers that direct traffic to the master databases of all domain names
CNet News website

Popular Internet site gives bloggers a boost - 11 October
The move will further stoke the debate between media traditionalists who want to maintain strict walls between news and commentary and those who argue such boundaries are elitist and undervalue the work of "citizen journalists"
IOL website

We are looking for a candidate attorney who will, by the end of 2005, have an LLB, to commence articles at the beginning of January 2006.  Our offices are in central Pinetown.

CVs to :

K Mustard
P O Box 4,
Pinetown 3600
kenmustard@mcclungs.co.za

LLB (UNISA. July 2005)

Contact

083-661 7751

I am currently in my second year of the LLB degree (UNISA). As a distance learning, I anticipate spending another three to four years to complete the degree.

Family law is a particular interest of mine.

Area

Durban / Pinetown / Westmead / Westville

Contact

031-462 9096
072-185 1852

Pinetown-based law practice

Fax CV to 031-702 4302

African Human Rights Law Reports
Edited by Christof Heyns and rans Viljoen
v.1 ; soft cover
R385.00 plus postage and packaging of R40.00

Indispensable for anyone dealing with human rights in Africa

The African Human Rights Law Reports contains legal decisions of relevance to human rights law in Africa. These include selected domestic decisions from the whole continent, as well as the decisions of the African Commission on Human and Peoples' Rights and the United Nations treaty bodies, dealing with African countries. The Reports are fully indexed, to facilitate easy access and research.

The Reports are indispensable for anyone dealing with human rights in Africa - legal practitioners, judges, international and domestic civil servants, members of civil society and academics - and captures the evolving human rights jurisprudence of the African continent. The Reports are edited at the Centre for Human Rights at the University of Pretoria, in cooperation with the Institute for Human Rights and Development in Africa, Banjul, The Gambia.

The Reports are published annually. The first volume, 2000, contains the full text of the cases decided by the African Commission on Human and Peoples' Rights from its inception until the end of 2000, as well as the earliest case from the UN Human Rights Committee concerning an African country. Later cases from these bodies will be published in subsequent volumes, as well as human rights judgments from domestic courts across the continent.

The Reports will be published in French by the Institute for Human Rights and Development in Africa.

Editors

Christof Heyns - Professor of Human Rights Law and Director, Centre for Human Rights, Faculty of Law, University of Pretoria (Editor-in-Chief)

Frans Viljoen - Professor of Law, Faculty of Law, University of Pretoria

Michelo Hansungule - Professor of Human Rights Law, Centre for Human Rights, Faculty of Law, University of Pretoria

Contact

Bev Purdon
bPurdon@juta.co.za
083 702 3617

Source : Guy