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

Issue no.37 - 23 December 2005                       

This information service also serves to draw attention to current news items
 and readers are directed to the hosts' websites

relax

 

peaceful

 

time-out

appreciation

eish

 

new beginnings
 

brightness

 

life

anticipation

priorities

 

serenity

reflection

As 2005 draws to a close
our thoughts are many and diverse
We unite, however, in wishing
our members, colleagues and associates
a peaceful and safe holiday season and
a year of progress and fulfillment in 2006

joy

 

 

 

friends

assessment

support

 

 

relationships

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shooter

 

 

contentment

 

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Contents
Government Gazette Update
Proclamations
Regulations and Draft Regulations
Government, General and Board Notices
KwaZulu-Natal Provincial Gazette
Recent Journal Articles of Interest
Comparative and International Law Journal of Southern Africa
Employment Law
Juta's Business Law
LexisNexis Butterworths Property Law Digest
Obiter
South African Public Law
The Taxpayer
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
E-Tips
Virus alert
WWW Why Work the Web - Making the Internet Work for You
Vacancies
Litigator
Professional Assistant
These Weeks in History
Last Thought
Weblog - http://knowgozone.blogspot.com
News
New year postponed for one second - 24 December
The new year has been postponed - but not for long. A leap second will be inserted in the world's clocks just before midnight - Greenwich Mean Time (GMT) - on New Year's Eve, the United States Naval Observatory reported
Mail & Guardian website

Government Gazette Update
Proclamations
Correction to Proclamations

Amendment to Proclamations 42, 43, 44, 45 and 46 as published in GG 27959 of 2005

Magistrates Act 90 of 1993

Salaries, allowances and benefits of magistrates
PR 46/GG 28257/24-11-2005

Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004

Entities identified by the United Nations Security Council
PR 65/GG 28279/02-12-2005
PR 66/GG 28279/02-12-2005

Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

Commencement of ss.40 and 62(6) : PR 55/30-09-2005 amended by the substitution for the date "30 November 2005" in paragraph (b) of the date "30 June 2006"
PR 67/GG 28282/29-11-2005


Regulations and Draft Regulations
Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

Regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock, remedies, sterilizing plants and pest control operators, appeals and imports : proposed amendment
GNR 1139/GG 28259/02-12-2005

Health Professions Act 56 of 1974

Health Professions Council of South Africa. Regulations

Registration of students, undergraduate curricula and professional examination of medicine
GNR 1149/GG 28259/02-12-2005

Registration of students, undergraduate curricula and professional examinations in dentistry
GNR 1150/GG 28259/02-12-2005

Higher Education Act 101 of 1997

Amendment to the Regulations for the Registration of Private Higher Education Institutions
GNR 1156/GG 28286/01-12-2005

Labour Relations Act 66 of 1995

Bargaining Council for the Fishing Industry - Extension of period of operation of Main Collective Agreement
GNR 1151/GG 28274/01-12-2005

Bargaining Council for the Furniture Manufacturing Industry of the Eastern Cape

Extension of period of operation of Main Collective Agreement
GNR 1143 / GG 28259/02-12-2005

Renewal of Provident Fund Agreement
GNR 1144/GG 28259/02-12-2005

Bargaining Council for the Jewellery and Precious Metal Industry (Cape)

Extension of amendment of Main Collective Agreement to non-parties
GNR 1165/Gg 28293/09-12-2005

Renewal of period of operation of Main Collective Agreement
GNR 1166/GG 28293/09-12-2005

Building Industry, North and West Boland

Extension of amendment of Main Collective Agreement to non-parties
GNR 1159/GG 28293/09-12-2005

Renewal of period of operation of Main Collective Agreement
GNR 1158/GG 28293/09-12-2005

National Bargaining Council for the Road Freight Industry - Extension of Provident Fund Collective Agreement to non-parties
GNR 1142/GG 28259/02-12-2005

Marketing of Agricultural Products Act 47 of 1996

Declaration of agricultural products : amendment
GNR 1148/GG 28259/02-12-2005

Draft Regulations issued for comment

Occupational Health and Safety Act 85 of 1993

Draft Electrical Installation Regulations
GNR 1161/GG 28293/09-12-2005

Incorporation of safety standards
GNR 1162/GG 28293/09-12-2005


Government, General and Board Notices
Dental Technicians Act 19 of 1979

Notice concerning the tariff of fees in respect of work done by dental technician contractors for dentists
BN 120/GG 28247/25-11-2005

Higher Education Act 101 of 1997

Statute of the Durban Institute of Technology
GN 1131/GG 28246/25-11-2005

Independent Broadcasting Authority Act 153 of 1993

Publication of final Terrestrial Broadcast Frequency Plan, 2004
GenN 1513/GG 28299/05-12-2005

Marine Living Resources Act 18 of 1998

Invitation to apply for rights to undertake commercial fishing for KwaZulu-Natal sardine beach seine, oysters, white mussels and beach-seine (trek-net) and gillnet (drift-net, set-net) in terms of s.18 of the Act
GenN 1292/GG 28248/28-11-2005

Municipal Demarcation Board

Correction of boundaries of Matatiele and Umzimvubu Local Municipalities
GenN 1498/G 28273/28-11-2005

National Road Traffic Act 93 of 1996

Amendment of National Road Traffic Act 93 of 1996
GenN 1318/GG 28258/02-12-2005
GenN 1319/GG 28258/02-12-2005

Petroleum Pipelines Levies Act 28 of 2004

National Energy Regulator

Levy on petroleum pipelines
GN 1152/GG 28275/29-11-2005

Levy on piped-gas
GN 1153/GG 28281/29-11-2005

Project and Construction Management Professions Act 48 of 2000

South African Council for the Project and Construction Management Professions : Rules relating to the payment of fees for registered persons with the Council
BN 121/GG 28258/02-12-2005

Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

Directives in terms of different categories of telecommunications service providers made in terms of the Act
GenN 1325/GG 28271/28-11-2005

Securities Services Act 36 of 2004

Amendment of the Rules of the Bond Exchange of South Africa
BN 124/GG 28297/07-12-2005


KwaZulu-Natal Provincial Gazette - now available online via http://www.lawsoc.co.za/kznprovince/index.htm as the result of a collaborative project between the Premier's Office and the KZNLS
KwaZulu-Natal Public Transport Act 3 of 2005

Assented to 3 November 2005
PG 6447/05-12-2005

Mthonjaneni Local Municipality

Advertising Sign Bylaws
MN 61/PG 6446/01-12-2005

Cemetery Bylaws
MN 57/PG 6446/01-12-2005

Draft Bylaws relating to the keeping of animals
MN 56/PG 6446/01-12-2005

Draft Credit Control and Debt Collection Bylaws
MN 57/PG 6446/01-12-2005

Draft Credit Management Bylaws
MN 59/PG 6446/01-12-2005

Funeral Undertakers Bylaws
MN 62/PG 6446/01-12-2005

Standing rules of and orders for council and its committees
MN 60/PG 6446/01-12-2005

Okhahlamba Municipality

Final Customer Care, Credit Control and Debt Collection Bylaws
MN 63/PG 6446/01-12-2005


Recent Journal Articles of Interest
Comparative and International Law Journal of Southern Africa
The impact of treaty reservations on the establishment of an international human rights regime
G M Ferreira and M P Ferreira-Snyman
CILSA - v.38(2), p.148
'Torture-lite' in the 'wild zone of power'
S Bosch
CILSA - v.38(2), p.184
Personality rights : a comparative overview
J Neethling
CILSA - v.38(2), p.210
State intervention and child protection measures in New Zealand : lessons for South Africa
J M Kruger
CILSA - v.38(2), p.246
The powers of local government in decentralised systems of government : managing the 'curse of common competencies'
N Steyler
CILSA - v.38(2), p.271
The accused's right to be present : a key to meaningful participation in the criminal process
F Cassim
CILSA - v.38(2), p.285
The death row phenomenon comes to Botswana - Kehlohonolo Bernard Kobedi v The State
K N Bojosi
CILSA - v.38(2), p.304
Current legal developments : Botswana, Lesotho, Namibia, South Africa
A Jacobs, U Kumar, K Moodley, E K Quansab and I Southwood
CILSA - v.38(2), p.314

Employment Law
Politics, racism and the law
Editorial
Employment Law - v.21(6), p.3
Fit to fight fires : discriminating against diabetics
Employment Law - v.21(6), p.4
Corporate employees : unmaking the bed
Employment Law - v.21(6), p.9
Strike ultimatums : get the wording right
Employment Law - v.21(6), p.17
Case roundup : latest judgments and awards
Eclipsed warnings - NUMSA and Others v Atlantis [2005]12 BLLR 1238(LC)

Genuine union - WUSA v Crouse NO and Another [2005]11 BLLR 1156(LC)

PAJA and the LRA - United National Public Servants Association of SA v Digomo NO and Others [2005]12 BLLR 1169(SCA)

Prisoner's rights - Seema v General Public Services Sectoral Bargaining Council and Others [2005]11 BLLR 1142(LC)

Unlucky cheque - Maluleke v Killarney Engineering (Pty) Ltd [2005]11 BALR 1136(MEIBC)

Traffic strike - Camagu and Others v Nelson Mandela Metropolitan Municipality [2005]11 BALR 1109

For the record - Collier's Properties v Christian [2005]11 BLLR 1066(LC)

Employment Law - v.21(6), p.21

Index
Employment Law - v.21(6), p.27

Juta's Business Law
Accounting and auditing reform : an overview of the Sarbanes-Oxley Act in America
Jane Bourne
JBL - v.13(3), p.90
The formation of a sponsorship agreement : when and how does offer and acceptance take place?
Howard Sher
JBL - v.13(3), p.96
Affirmative action for South African citizens : we need a clear policy decision by the Department of Labour
Marie McGregor
JBL - v.13(3), p.99
Dividing the country : regional trade-mark rights
Wim Alberts
JBL - v.13(3), p.103
Security for costs in corporate litigation : five recent cases considered
Michelle Havenga
JBL - v.13(3), p.105
When may creditors help themselves? : Parate executie, self-help by creditors, and public policy
Heinrich Schulze
JBL - v.13(3), p.110
Competition - it is not just about Act : pro-competitive provisions in intellectual property statutes
Bruce Lister
JBL - v.13(3), p.115
Municipal debts - are they killing mortgage bonds? : some recent developments in the case law
Michelle Kelly-Louw
JBL - v.13(3), p.121
Company directors' duties and responsibilities : at common law and in legislation
Howard Sher
JBL - v.13(3), p.129

LexisNexis Butterworths Property Law Digest
The judicial functions of the provincial rental housing tribunals
Sayed Iqbal Mohamed
LNBPLD - v.19(4), p.2
The property purchase gamut
Andrew Duncan
LNBPLD - v.19(4), p.5
The many faces of garages
Tertius Maree
LNBPLD - v.19(4), p.7
Property sector smiles go MIA among the bureaucracy
Meg Wilson
LNBPLD - v.19(4), p.9
Legislation updates
LNBPLD - v.19(4), p.12
Case updates
Prinsloo and Another v Ndebele-Ndzundza Community and Others [2005]3 AllSA 528(SCA)
The matter was a claim for restitution of land in terms of the Restitution of Land Rights Act 22 of 1994. The claimant were the First Respondents, a community whose links to the farm could be traced back to the early nineteenth century. The farm, named Kafferskraal, in Mpumalanga, was granted to white farmer in 1872 and the name appeared on the title deeds

Kendall Property Investments v Rutgers [2005]4 All SA 61(C)
The applicant sought to evict his tenant from premises in Cape Town. It had a tacit agreement of lease with the Respondent and had given the tenant one month’s written notice to vacate the premises and the tenant had failed to vacate

Vidavsky v Body Corporate of Sunhill Villas [2005]4 All SA 201(SCA)
The Appellant owned a sectionally-titled unit in Bruma in Johannesburg. The Respondent is the body corporate. The Appellant declared a dispute with the body corporate relating to aspects of the body corporate’s management of the complex. The matter was referred to arbitration in terms of the relevant legislation

LNBPLD - v.19(4), p.14


Obiter
Taking legal aid to the people : unleashing local potential in South Africa
Hennie van As
Obiter - 2005, v.26(2), p.187
Lessons from South Africa for the delivery of legal aid in small and developing Commonwealth countries
David McQuoid-Mason
Obiter - 2005, v.26(2), p.207
Access to justice : from legal representation to promotion of equality and social justice : addressing the legal isolation of the poor
Yousuf A Vawda
Obiter - 2005, v.26(2), p.234
Community legal workers in Ontario : a para-legal case study
Frederick H Zemans
Obiter - 2005, v.26(2), p.248
Legal aid practices : comparative perspectives
S Muralidhar
Obiter - 2005, v.26(2), p.261
Targeting civil legal needs : matching services to needs
Vicky Kemp and Pascoe Pleasence
Obiter - 2005, v.26(2), p.285
Access to legal aid in rural South Africa : in seeking a coordinated approach
Jobst Bodenstein
Obiter - 2005, v.26(2), p.304
Inheemse erfopvolgingsreg in Zimbabwe : lesse vir Suid-Afrika Deel II. Erfopvolgingsreg na hervorming
Elmarie Knoetze
Obiter - 2005, v.26(2), p.321
The applicability of the Islamic law of succession in South Africa
Naeema Gabru
Obiter - 2005, v.26(2), p.340
The development of defences in unfair discrimination cases. Part 1
Jonathan Partington and Adriaan van der Walt
Obiter - 2005, v.26(2), p.357
Reviewing the state of sustainable environmental protection in the WTO : some signs of a slow but progressive paradigm shift
Omphemetse Sibanda
Obiter - 2005, v.26(2), p.371
Disparagement of a business, its products or its services : freedom of expression of consumers and the public
J Neethling and J M Potgieter
Obiter - 2005, v.26(2), p.389
Punishing perlemoen poaching : developments both recent and possibly future?
Michael Kidd and Shannon Hoctor
Obiter - 2005, v.26(2), p.398
Sectional title unit owners' liability for payment of body corporate's debts
Henk Delport
Obiter - 2005, v.26(2), p.404
New Western Cape tourism legislation
Patrick Vrancken
Obiter - 2005, v.26(2), p.412
Juvenile diversion : developments in South Africa and the Netherlands
A M Anderson and G H A Spijker
Obiter - 2005, v.26(2), p.421
Dealing with death on the roads - S v Nyathi 2005 2 SACR 273(SCA)
Shannon Hoctor
Obiter - 2005, v.26(2), p.429
Pothier, the straying mule and the unruly barman - Costa Da Oura Restaurant (Pty) Ltd trading as Umdloti Bush Tavern v Reddy 2003 4 SA 34(SCA)
Frans Marx and Patrick Vrancken
Obiter - 2005, v.26(2), p.438
The defence of inherent requirements for the job : a blanket ban for medical reasons not justifiable - IMATU v City of Cape Town (2005) 14 LC 6.12.2
Adriaan van der Walt and Glynis van der Walt
Obiter - 2005, v.26(2), p.447
Legal engine or steam engine? - African Solar (Pty) Ltd v Divwatt (Pty) Ltd 2002 4 SA 681(SCA)
Adrian Bellengere
Obiter - 2005, v.26(2), p.454

South African Public Law
The meaning of 'organ of state' in the South African Constitution
Fanyana ka Mdumbe
SAPL - v.20(1), p.1
When things fall apart : ethical jurisprudence and global justice
Narnia Bohler-Muller
SAPL - v.20(1), p.29
The 'new' South African National Defence Force
Gretchen Carpenter
SAPL - v.20(1), p.42
Beregtigheid, billikheid en demokrasie : 'n oorweging van onderskeidinge en onderliggende beginsels
Koos Malan
SAPL - v.20(1), p.68
Legal consequences of the construction by Israel of a wall in the occupied Palestinian territory : South Africa's contribution to the advisory opinion of the International Court of Justice
Andre Mbata B Mangu
SAPL - v.20(1), p.86
The Khosa case : opening the door for the inclusion of all children in the child support grant?
Linda Jansen van Rensberg
SAPL - v.20(1), p.102
The decision-making power of the head of the Department of Education to expel learners
M Carnelley
SAPL - v.20(1), p.128
What do we mean when we talk about transformative constitutionalism?
Marius Pieterse
SAPL - v.20(1), p.155
Statutory mechanisms to enforce judgment debts against the state
Rolien Roos
SAPL - v.20(1), p.167
Onrus en geweld. 2005(1)
Willem du Plessis, Nic Olivier en Juanita Pienaar
SAPL - v.20(1), p.176
Land matters : new developments. 2005(1)
Willem du Plessis, Nic Olivier en Juanita Pienaar
SAPL - v.20(1), p.186

The Taxpayer
What is tax avoidance?
Editorial
The Taxpayer - v.54(11), p.201
The right to reasons for decisions in taxation matters. Part II
The Taxpayer - v.54(11), p.206
Trading loss, whether incurred by resident in Republic for the purpose of set-of
The Taxpayer - v.54(11), p.214
Section 64C and the English Schedule in relation to write-off
The Taxpayer - v.54(11), p.219

News on the Electronic Front
Recent Judgments Available on the Internet
Constitutional Court of South Africa - www.constitutionalcourt.org.za

14 December 2005
CCT 61/05
Mtotywa and Others v The Director of Public Prosecutions (Mthatha)

14 December 2005
63/05
Van Rensburg v Maluti-a-Phofung Municipality

5 December 2005
CCT 19/05
Veldman v The Director of Public Prosecutions

Concourt reduces murderer's sentence - 5 December
A man whose maximum expected prison sentence was increased because of a change in laws during his trial had it reduced again by the Constitutional Court on Monday
IOL website


Supreme Court of Appeal of South Africa - http://www.supremecourtofappeal.gov.za/index.html ; wwwserver.law.wits.ac.za/sca/index.php ; http://www.uovs.ac.za/fac/law/appeal/index.php

5 December 2005
646/04
Van Immerzeel v Santam Ltd
Professional negligence insurance – meaning of 'claim first made' – notification of possibility of claim not 'claim made'

Rag wrung dry as court backs iffy rates cocktail - 5 December
The white flag is flapping in the Cape southeaster. The African National Congress (ANC) has won the final rates battle, and thus the war. ANC-controlled municipal authorities will in future be able to do pretty much whatever they like when it comes to levying rates and service charges. That is the bottom line now that the Supreme Court of Appeal has upheld the Cape High Court’s dismissal of Cape-based ratepayers organisation the Rates Action Group's (Rag's) attempt to prevent the Cape Town city council from linking service charges to the market value of properties
Business Day website


Land Claims Court of South Africa - www.law.wits.ac.za/lcc/

Tax Courts - http://www.sars.gov.za/tax_judgments/tax_judgments.htm

Cape Town

Tax court ruling blow for franchisees - 8 December
Franchisees who pay trademark royalties to their franchisors, will see the cost of those royalties effectively rise by 29% after a landmark ruling by the Cape Tax Court
Business Owner website


Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

9 December 2005
396/2003 ; 418/2003
The State v Lionel November, Francois Plaatjies, Henry Brookes and Christopher Meas
The cases came before Judge Bozalek on automatic review and in each case the accused was convicted in the magistrates court, on a plea of guilty, of contravening s 31(1) of the Maintenance Act, 99 of 1998 by failing to comply with a maintenance order in respect of a dependant. All of the accused were required to make payments in respect of the maintenance of minor children whom they had fathered. The convictions are in order. In each case a similar sentence was imposed, namely, a sentence of imprisonment ranging between 8 and 12 months, suspended for four years on two conditions. The first condition was that the accused was not found guilty during the period of suspension of a further contravention of s 31(1) of the Act. The second condition gave rise to the query directed to the various magistrates and was that the accused pay off the arrear maintenance at a specified rate per month. In each instance, however, either the rate or the term of repayment appeared completely inadequate in relation to the total arrears, taking into account the accuseds’ financial capacity

8 December 2005
7407/2004
M J v B M Coetzer
The parties were married out of community of property on 10 December 1983. Two children were born of the marriage. The proprietary regime of the parties was regulated by an Ante-nuptial Contract. The plaintiff instituted action for divorce and claimed, in addition thereto, custody of the minor children of the marriage, maintenance for the minor children in the sum of R2 000 per month per child, medical and schooling expenses for the children, one-third of the nett value of defendant’s assets accumulated by him during the course of the marriage and costs. It is common cause between the parties that the marriage has irretrievably broken down. The defendant is not disputing that it will be in the best interests of the minor children that custody of them be awarded to plaintiff with the right of reasonable access reserved to him. The issues essentially in dispute between the parties are: the amount of maintenance payable by defendant to plaintiff for the minor children; the apportionment of the parties' liability in respect of the medical aid contributions and the educational expenses of the minor children ; and the plaintiff's entitlement, if any, to a redistribution order in terms of Section 7(3) of the Divorce Act, No 70 of 1979 and, if so, the quantum of such a redistribution order

8 December 2005
A486/2005
Leonard de Villiers v State
The appellant was found guilty on 6 charges of indecent assault. He now appeals against the conviction

1 December 2005
6145/05
Technical Fleet Management (Pty) Ltd and Others v Malcolm Henry Rousseau and Another
The applicants previously brought an urgent application in terms of which they sought a final interdict against the first respondent on the basis of a restraint of trade. The interdict was directed at restraining him, for a period of three years commencing on 1 May 2005, from being involved in any business competing with that of the second applicant. It required also that he refrain from disclosing trade secrets or confidential information pertaining to the second applicant or to any of the companies belonging to the DigiCore group of companies. Finally it required that he desist from inducing any licensor, supplier or customer of DigiCore to purchase, from a competitor of DigiCore, any products supplied by DigiCore. In the alternative the applicants sought an interdict in the same terms pending the institution and finalisation of arbitration proceedings

30 November 2005
A1043/2004
Rebel Discount Liquor Group Pty Ltd v La Rochelle Erf 615 Investments CC
The appellant (defendant in the court a quo) is a company which runs liquor stores nationwide. It was sued by the respondent (plaintiff in the court a quo) for damages arising from an alleged breach of its lease agreement with the appellant relating to certain shop premises. The present appeal, with leave of the court a quo, is directed against the initial order in respect of both merits and quantum. More particularly the issue on the merits is whether the appellant committed a breach of contract by repudiating its obligations in terms of the lease agreement, or whether it justifiably cancelled such agreement by virtue of the respondent's breach of its contractual duties. In regard to the quantum the issue turns upon whether the respondent suffered the damages claimed


Durban and Coast Local Division

Zuma Case

22 December

SABC rejects Zuma interview 'conspiracy theory'
The South African Broadcasting Corporation (SABC) has denied bowing to political pressure in deciding not to proceed with a planned interview with former deputy president Jacob Zuma
Mail & Guardian website

15 December

Zuma papers blocked by French arms connection
The French arms company Thint won a victory in Durban on Wednesday when it stalled attempts by the state to secure vital documents seized in Mauritius
IOL website

see also

Taxpayers pay out R1m for Zuma - 17 December
The taxpayer forked out R1,02-million to fund then deputy president Jacob Zuma's legal costs relating to the corruption trial of his former financial adviser Schabir Shaik. Replying in writing to a parliamentary question from DA MP Sheila Camerer, President Thabo Mbeki said the costs related to a "watching brief" for Zuma involving two advocates, one attorney and a legal firm
IOL website

Magistrates Court. Johannesburg. Zuma Trial below


Eastern Cape Division - http://wwwserver.law.wits.ac.za/echc/index.php

Free State Provincial Division - www.uovs.ac.za/fac/law/highcourt/

10 November 2005
3031/2005
Oos Vrystaat Kaap Bedryf Beperk v Hendrik Jacobus Bester

3 November 2005
22/2005
The State v Thabiso Johannes Moloi and 3 Others

20 October 2005
3360/2005
Absa Bank Beperk v Vrystaat Ontwikkelingskorporasie

14 October 2005
2196/2005
Copper Curve Investments CC trading as Naledia Private Test Station v The Premier of the Free State and MEC for Transport, Roads and Public Works, Free State Province


Natal Provincial Division - http://www.ukzn.ac.za/law/npd.html

Witwatersrand Local Division

Earthlife loses Eskom nuke-minutes bid - 15 December
The Johannesburg High Court has rejected a bid by Earthlife Africa to gain access to Eskom board minutes related to the proposed pebble bed modular nuclear reactor (PBMR) the environmental NGO said
Business Report website

Sexual predator gets 10 life sentences - 15 December
On Wednesday, serial rapist Mpho Litau was sentenced by the Johannesburg High Court to 10 life terms plus an extra 253 years for 10 rapes
IOL website

Credentials of Masondo's lawyer questioned - 5 December
Questions have been raised about the credentials of the "attorney" acting for a suspected conman who defrauded many people. Acting for Graham Masondo, Kholo Obose told Judge Jajbhay in the High Court last week that he was a registered attorney. This was after another attorney, Angela Chatiras, acting on behalf of Redlex 226, who was allegedly defrauded of R800 000 by Masondo, applied to the court to have Obose's account frozen, alleging he was not registered with the law societies of either the Cape or Northern Provinces
IOL website


Regional Courts

Boksburg

Husband gets ten years for history of abuse - 13 December
A 47-year-old man has been sentenced to 10 years in jail for raping his wife of 21 years. The woman, a resident of the Angelo informal settlement in Boksburg, told regional court magistrate SA Shilubana on Friday that there was a history of abuse - physical, emotional and psychological - in their marriage
IOL website


Magistrates Courts

Johannesburg

Zuma Trial

'Nothing barred media from Zuma court' - 15 December
Neither the police nor the VIP protection services had instructions to bar the media from last week's court appearance of former deputy president Jacob Zuma in Johannesburg
Mail & Guardian website


Advertising Standards Authority - http://www.asasa.org.za/

Broadcasting Complaints Commission of South Africa - http://www.bccsa.co.za/

Competition Commission, Tribunal and Appeal Court - http://www.compcom.co.za/ ; http://www.comptrib.co.za/

Internet groups tackle Telkom - 14 December
Internet service providers (ISPs) have united to lodge a complaint with the Competition Commission, accusing Telkom of anticompetitive behaviour
Business Day website

13 December 2005
49/CAC/Apr05
Sasol Oil (Pty) Ltd and Nationwide Poles CC

Court backs Sasol - 18 December
There was a much hoped-for early Christmas present for large-scale manufacturers this week when the Competition Appeal Court handed down its judgment in the case of Sasol Oil and Nationwide Poles
Sunday Times website

Car makers let off the hook over high prices - 8 December
Consumers' hopes of lower car prices were dashed yesterday when SA's Competition Commission said it had no case against any car companies for charging excessive prices
Business Day website

SA car bodies fined R31m - 7 December
Five South African car companies and a dealer body have been fined a total of R31.650m in "administrative penalties" by the Competition Commission for price fixing, collusion, and onerous franchise agreements. Those involved are General Motors, Nissan, Volkswagen and its Gauteng dealers, Citroen, DaimlerChrysler, and the Subaru dealer body
Fin24 website

Car makers do deals with commission - 7 December
Several vehicle manufacturers and importers and their dealer bodies have reached agreements with the competition commission, or are in the process of doing so, related to alleged contraventions of the Competition Act, including price-fixing
Business Report website

SAA climbdown opens way for R200m claim - 6 December
SAA's last minute withdrawal of its appeal against the competition tribunal's ruling that it had abused its dominant position in the domestic airline market means it will not only have to pay the R45 million fine imposed by the tribunal, but that it also faces the possibility of having to pay more than R200 million in civil damages to Nationwide Airlines
Business Report website

SAA to pay R45-million fine - 5 December
South African Airways (SAA) has 30 days to pay a R45-million fine for contravening the Competition Act
Mail & Guardian website


Government and Legislation
South Africa Government Information - http://www.gov.za/

Statements and Speeches

Transport to intensify law enforcement operations during festive season
23 December 2005

"Motorists who are found to be over the legal alcohol limit will face the maximum punishment of R120 000 and/or six years imprisonment. This will also result in a licence suspension and a criminal record haunting you for the rest of your life"

Statement by Umalusi Chair, John Pampallis, on the quality assurance of the 2005 assessments for senior certificate, vocational education and training as well as adult basic education and training (ABET) level 4
21 December 2005

Statement on Beit Bridge by the Border Control Co-ordinating Committee
20 December 2005

Media update on South Africans in Equatorial Guinea : Joint statement between the departments of Foreign Affairs, Republic of South Africa and the Republic of Equatorial Guinea
20 December 2005

SA air crew reunited with families - 22 December
It was a tearful reunion at the Johannesburg International airport on Wednesday night as two South African air-crew members held captive in Equatorial Guinea for more than a month were reunited with their family and friends
Mail & Guardian website

Clarifying the role of SARS Customs
19 December 2005

The national Department of Health issues a health warning on the hazards of alcohol abuse during the festive holidays
19 December 2005

Keynote address, by Dr Essop Pahad, Minister in The Presidency at National Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance
Towards reconciliation and nation-building : a nation in dialogue
15 December 2005

Gauteng Community Safety swoops on illegal import vehicles
13 December 2005

Statement on the release of the dti - World Bank Assessment of the Investment Climate in South Africa
13 December 2005

see also :
South Africa : an assessment of the investment climate
Department of Trade and Industry website

Western Cape remembers and reclaims Slavery past
13 December 2005

A convenient amnesia about slavery - 15 December
Americans typically grow up believing that slavery was confined to the cotton fields of the South and that the North was always made up of free states. The fact that slavery was practiced all over the early United States often comes as a shock to people in places like New York, where the myth of the free North has been surprisingly durable. The truth is that New York was at one time a center of the slave trade
New York Times website

see also These Weeks in History below

Closing Media Briefing on 16 Days of Activism 2005 
12 December 2005

Temporary Educators
12 December 2005

Agreement between the Minister of Finance and long-term insurance industry on minimum standards applicable to insurance industry savings products
12 December 2005

Media release on the Intermediate Phase (Grade 6) Systemic Evaluation Report
12 December 2005

Additional Protocol to SA/EU Trade, Development and Co-operation Agreement (TDCA) now effective
9 December 2005

Statement on the resolutions of the National Annual Conference of Traditional Leaders 2005
9 December 2005

Keyphrases :
Communal Land Rights Act

Continental House of Traditional Leaders
Lobola
Same-sex Marriage

Traditional Leadership and Governance Framework Act

Statement of the Monetary Policy Committee, issued by Mr TT Mboweni, Governor of the South African Reserve Bank
8 December 2005

Statement on Cabinet meeting
8 December 2005

Keyphrase :
Investment Climate Survey

" . . . The [Investment Climate] Survey reveals relatively high levels of confidence in our legal system, as well as other comparative advantages such as low cost of energy, low levels of bribery, moderate inflation and high labour productivity. However, there are areas which require improvement such as high exchange rate volatility, high salaries for managers and professionals, skills shortages and efficiency of port and customs facilities. Some of these areas have been targeted for special intervention in the Accelerated and Shared Growth Initiative (Asgi-SA)
. . .

With regard to gender equality, women make up 29% of management in the public service, only 1% short of the target for 2005. However, at the level of Directors-General, women account for 19%. It was agreed that issues such as training, addressing the work environment and dealing with high turnover rates among females needed to be addressed. Given the experience gained in the past few years in this area, Cabinet decided on a 50% equity target for women at all levels of the Senior Management Service by 2009 . . ."

Opening address by the Deputy Minister of Social Development, Dr Jean Benjamin, during the National Summit on the Role of Men and Boys in the Prevention of Gender-based Violence, Benoni
7 December 2005

First woman Acting Premier for KwaZulu-Natal
7 December 2005

"The MEC of Health, Ms Peggy Nkonyeni, has been appointed the first Acting Premier of KwaZulu-Natal (KZN) as of Sunday, 11 December 2005 . . ."

Adjusting UIF Domestic Payments
7 December 2005

New wages announced for urban domestic workers - 22 December
South African urban-area domestic workers must earn R5,11 an hour - up from R4,10, while their rural counterparts must earn R4,15 - up from R3,33 - if they work more than 27 hours a week, says Minister of Labour Membathisi Mdladlana. The determination took effect on December 1, according to a government notice of November
Mail & Guardian website

Government starts with the updating and verification processes of the national housing waiting list in the City of Cape Town
7 December 2005

New Board to take over Skills Empowerment Campaign
7 December 2005

Speech by the Deputy Minister of Home Affairs, Mr Malusi Gigaba, MP, at an Immigration Workshop in Berlin, Germany
7 December 2005

Preliminary report on death of a patient at Townhill hospital
6 December 2005

Chairperson of the Independent Communications Authority of South Africa (ICASA) Paris Mashie’s address at a roundtable on approach to adult content regulation in broadcasting and on mobile phones
23 November 2005


Legislation

Tempers flare over telecoms, mining bills - 14 December
Tempers flared during the second-last 2005 sitting of the national council of provinces yesterday as delegates debated five bills that would have wide-ranging effects on the telecommunications and mining industries
Business Report website
Keyphrases :
Diamond Amendment Bill
Electronic Communications Bill (formerly Convergence Bill)
Independent Communications Authority of SA (ICASA) Amendment Bill
Precious Metals Bill

Constitution of the Republic of South Africa Amendment Bill and Cross-Boundary Municipalities Laws Repeal and Related Matters Bill

Cross-border Bill gets final green light - 14 December
The National Council of Provinces (NCOP) gave the final green light to controversial legislation doing away with cross-boundary municipalities on Wednesday
Mail & Guardian website

Firearms Control Act

Media statement by the Minister of Safety and Security on the Firearms Control Act 2000
15 December 2005
SA Government Information website

Gun owners to take their case to court - 4 December
A constitutional court case is looming over the state's inability to process all firearm licence renewals ahead of the month-end deadline, which will criminalise up to 400 000 gun owners
Sunday Independent website

Immigration Amendment Act

Minister bungles work permits for foreigners - 15 December
South Africa cannot import scarce skills to alleviate the skills shortage, as Home Affairs Minister Nosiviwe Mapisa-Nqakula has not published the quota for work permits yet. Chairperson of the immigration advisory board Wilmot James said this would prevent Deputy President Phumzile Mlambo-Ngcuka from being able to recruit skilled staff in other countries as she stated she would in parliament earlier this year
IOL website

Thousands wait as immigration battles backlog - 12 December
An estimated 17 000 foreigners are waiting for their permanent resident application papers to be processed, the department of home affairs has admitted. Ministerial spokesperson Cleo Mosana was responding to claims by immigration experts that there was a backlog of over 20 000, which would take five years to clear. Julian Pokroy, chairperson of the Law Society of South Africa's Immigration and Refugee Committee, accused the department of a cover-up. "We have tried to get statistics and figures out of them but they are simply not responding," Pokroy said. He blamed the introduction of new legislation and a faulty centralisation process
IOL website

National Credit Bill

National Credit Bill set for presidential approval - 14 December
The National Credit Bill will go to President Thabo Mbeki for signing into law after amendments to the Bill - brought by the National Council of Provinces - were given the thumbs-up by the National Assembly
Business Report website

Regulation of Interception of Communications and Provision of Communication-related Information Act

New cell phone laws will benefit industry - 7 December
New laws are about to be introduced which place the onus on telecommunication service providers to obtain and keep information on their clients. While contract users already have to provide personal information to the network operators, the new amendments to the Regulation of Interception of Communications and Provision of Communication-related Information Act tightens control on the pre-paid market
BizCommunity website


Useful Links and Items of Interest
Vehicle Fuel Compatability
http://www.naamsa.co.za/unleaded/

see also Fuel Shortage below


Service Charter for Victims of Crime in South Africa
Department of Justice and Constitutional Development website
http://www.doj.gov.za/2004dojsite/policy/vc/2004vc.pdf

UCT Lawspace
http://lawspace.law.uct.ac.za/

UCT Lawspace : a Digital Repository of research done in the Law Faculty at the University of Cape Town. UCT Lawspace also hosts a new Constitutional Assembly Database which is under construction.

This Repository is managed by Professor Julien Hofman (Department of Commercial Law) and Tobias Schonwetter (PhD student, Department of Commercial Law) and administered by Sheryl Ronnie (Faculty Office).

The individual authors hold the copyright in the works on the Repository. In the interests of education and research the managers of the Repository support a broad and user-orientated interpretation of the South African fair dealing provisions. The managers encourage authors and copyright-holders to submit work to the Repository under the Creative Commons South Africa License.


Same-sex Marriages

Same-sex marriage around the world - 5 December
Although it is one of the most turbulent moral issues of the day, homosexual marriages and other forms of same-sex partnerships are gaining acceptance around the world
People's Daily Online [China] website

Going gay around the world - 4 December
Although it is one of the most turbulent moral issues of the day, homosexual marriages and other forms of same-sex partnerships are gaining acceptance around the world
News24 website

South Africa

Feedback

1 December 2005
CCT 60/04
Minister of Home Affairs and Another v Fourie and Another, with Doctors For Life International (first amicus curiae), John Jackson Smyth (second amicus curiae) and Marriage Alliance of South Africa (third amicus curiae)
Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs and Others

Same-sex marriage

South Africa fallout from gay marriage ruling relatively light - 18 December
Marie Fourie sounded almost giddy as she recalled the moment earlier this month when South Africa's highest court ruled that gay couples have the right to marry
SFGate website

South African conservatives challenge support of same-sex marriage - 15 December
Traditional leaders have warned that gay couples risk being treated as pariahs in rural communities in South Africa following last week's Constitutional Court ruling endorsing same-sex marriages
247gay website

Same sex unions, South African style - 12 December
It was sheer coincidence that I happened to be visiting South Africa's constitutional court in Johannesburg on the morning its judges were announcing a decision of profound social importance. It was equally coincidental that it happened within a few days of an equally significant change in the law in this country, on the same subject: how to give gay and lesbian couples rights approximating to those of marriage
Guardian Unlimited website

Southern African bishops condemn court ruling on same-sex marriage - 9 December
Bishops in southern Africa condemned a South African high court ruling that it is it unconstitutional to deny same-sex couples the right to marry
Catholic News Service website

Traditional leaders against law on gay unions - 10 December
Traditional leaders plan to use the next 12 months to petition parliament against the Constitutional Court's decision to legalise same sex unions
IOL website

S Africa churches urge for second thoughts on gay marriage legalization - 3 December
Churches in South Africa urged the Parliament and people to rethink about the move by the nation’s highest court this week to legalize same-sex marriage
The Christian Post website

Catholic Church says no to gay marriages - 2 December
The Catholic Church in South Africa says it will never recognise marriages between same-sex couples
SABC News website

Europe

Spain's High Court upholds gay marriage law - 15 December
Spain's highest court has, for the time being, upheld the constitutionality of a law allowing same-sex couples to marry
365gay website

United Kingdom

Judge will rule on lesbian 'marriage' - 29 December
England's most senior family judge will consider next year whether same-sex marriages should be recognised, it emerged yesterday. Although couples of the same sex will be able to gain many of the benefits of marriage from next month by entering into civil partnerships, they will not be married in the eyes of the law
Telegraph website

Gay pride or unholy alliance? - 22 December
The most sweeping social reform for 40 years came to fruition yesterday when nearly 700 couples, including Sir Elton John and David Furnish, celebrated England's first gay "weddings"
Telegraph website

Stormy reception for first lesbian 'marriage' - 20 December
Gay rights activists jostled with disapproving clergymen yesterday as two women became Britain's first lesbian couple to enter into a full civil partnership. Grainne Close and Shannon Sickels ran a gauntlet of Free Presbyterian ministers with placards denouncing sodomy on the way to their so-called "gay wedding"
Telegraph website

Judge attacks Government for downgrading marriage - 6 December
The Government has contributed to the downgrading of marriage and done nothing practical to support married couples, the former president of the High Court Family Division said
Telegraph website

Births, deaths and the first civil partnership - 6 December
John Walker and Ghani Jantan are making history in more ways than one. Not only are they part of the first wave to take advantage of the new civil partnership law, but they were the first couple to record the fact in the print version of this newspaper
Telegraph website

Gay wedding bells a wake-up call for all partners - 4 December 2005
The Civil Partnership Act will enable gay couples to have their relationships recognised in law, giving them legal status virtually identical to marriage. They can give notice of their intention to become civil partners from tomorrow and ceremonies will begin on 21 December. But gay and heterosexual cohabitees who continue to live together without formalising their arrangement, through civil partnership for gay people, or marriage for heterosexuals, are in perilous legal and financial territory
Guardian Unlimited website

United States

NY court rejects same-sex marriage - 14 December
In a decision that embraced the same arguments that were rejected by the Constitutional Court of South Africa, four members of a five-judge panel of the New York Appellate Division in Manhattan ruled on Dec. 8 that same-sex couples have no right to marry under the state’s constitution, Gay City News reported
Windy City Media Group website

New developments in the same-sex marriage wars : the fight over the issue in New York, and the growing international acceptance and American rejection of "genderless" marriage - 13 December
For the short term, same-sex - or "genderless," as some opponents refer to it - marriage will remain illegal in New York. Ten months ago, a New York trial court ordered its legalization. But now, the decision has been reversed
FindLaw website

Gay couples face uncertain legal landscape - 3 December
While a few states have recognized same-sex couples, many more are strengthening bans on gay marriage
Guardian Unlimited website


2005 in Review

Solid year for both houses of parliament - 22 December
It has been a year of ducking and diving on the political front in and out of parliament as scandal after scandal unfolded, but for the economics sector committees in both houses of parliament it was also a year of fairly solid work
Business Report website

2005 insurers' costliest year - 21 December
Natural and manmade disasters that killed 112 000 people this year caused an estimated US$80bn in insured losses, making 2005 the world's costliest year for insurers, Swiss Reinsurance Co said this week
Fin24 website

The strange arm of the law - 21 December
The year just ending brought its share of unusual, outrageous, tragi-comic and just downright silly news items. As usual, a lot of them concerned judicial scrapes, prison mix-ups, strange regulations and the like
IOL website

Excerpts :

"A court in the Swiss city of Zurich ruled that owners of very short cars could pay only half a parking fine, provided that two of them could really fit into one space . . .

Local lawmakers in the US state of Virginia threw out a bill that would have banned young people from wearing baggy falling-down trousers, which are currently all the rage . . .

The local council in the northern English resort town of Blackpool enacted an employment rights charter for the donkeys that carry tourists along the beach. The animals won regulated working hours and a day off each week"

2005 : a year of tragedy, scandal and heroes - 19 December
IOL website

Cyber law : the year in review - 19 December
Cyber law finally became South African street law in 2005 – moving from a small fringe speciality to mainstream law in less than five years
MyADSL website

An ode to techie year 2005 - 15 December
This time last year, the information and communication technology (ICT) industry was abuzz.
Moneyweb website

Books of the Year - 24 December
Independent Online website

Coolest Gadgets 2005 - 19 December
Forbes website

The Best Cars 2005 - 16 December
Forbes website


Legal Profession

South Africa

Mandela's lawyer reinstated, 30 years later - 14 December
A lawyer who was struck from the attorneys' roll for being a "communist" has been reinstated - 30 years later. Shulamith Muller, who represented Nelson Mandela during the apartheid era, was posthumously reinstated by the Johannesburg High Court on Tuesday. She died in 1978
IOL website

New race test for bar - 9 December
With a new front in the battle over transformation opening up, the General Council of the Bar (GBC) is moving to limit the damage from civil action launched by a young black woman who alleges that her attempts to become an advocate are threatened by unjust treatment
Mail & Guardian website

Watchdog called on to take stick to SA's law societies - 8 December
Cape Town information technology lawyer Reinhardt Buys said yesterday he hoped the Competition Commission would force law societies to change some of their anticompetitive rules. The Law Society of SA dismissed Buys' call, saying all professions need regulation. It said the interests of the public would not be protected without the Attorneys Act. It said issues Buys had raised would be discussed
Business Day website

Canada

Injury lawyer ads ruled out of order - 16 December
The Law Society of Alberta is clamping down on lawyers' advertising in a bid to improve the profession's image
Edmonton Journal website

United Kingdom

Law Society chief named new First Civil Service Commissioner - 22 December
The chief executive of the Law Society is to become the new First Civil Service Commissioner, in charge of making sure recruitment in the Civil Service is open and equal. Janet Paraskeva will succeed Baroness Usha Prashar to become the senior official responsible for maintaining the principle of recruitment to the Civil Service on the basis of merit after fair and open competition
Personnel Today website

'Greedy' lawyers to repay victims - 16 December
Some of the country’s most successful law firms, which grew rich by exploiting sick miners, were told by the Government last night to repay more than £50 million that they "outrageously" sliced from their clients' compensation
Times Online website


South Africa

Animal Rights

Dog killer is acquitted of charges - 7 December
The Karoo Animal Protection Society has questioned the manner in which a case was prosecuted in which a Smitsville man was acquitted of charges under the Animal Protection Act after he clubbed a dog to death
IOL website

Women on trail of microwave cat killer - 4 December
Two women who belong to an animal rights group have been working secretly for some months to find out who killed a cat in a microwave at the University of KwaZulu-Natal's Edgewood campus in May
IOL website

Banking

State to act on bank charges - 17 December
Alarm bells are ringing in the national treasury Department over South Africa's bank charges - which are among the highest in the world
IOL website

Black Economic Empowerment

BEE comes of age with phase two of codes - 22 December
This year saw black economic empowerment (BEE) come of age. This week the department of trade and industry (dti) released the second phase of its codes of good practice to wide approval, although the new codes exempted multinational companies from having to sell equity to black people and instead emphasised the capacity building aspects of BEE
Business Report website

see BEE Codes of Good Practice 2005
http://www.dti.gov.za/bee/codes2005.htm

Communications

SNO gets hooked up . . . finally - 11 December
The country has received a Christmas present in the form of the long-awaited challenger to Telkom's landline monopoly, the second national operator (SNO
Business Report website

Company Law

Corporate governance is getting better - 6 December
South African companies generally ranked among "the best in the world" when it came to adhering to good corporate governance principles, but weaknesses such as shareholder apathy and questionable institutional fund management remained major concerns, parliament heard
Business Report website

Copyright

Introduction to the law of copyright - 6 December
The term "Copyright" is usually used to denote the right that an author vests in his work. The entitlements conferred to the holder of copyright or a person authorised by such holder, entitles him/her to exclusively control, use and adapt the work
Article by Eric Levenstein and Ryan Tucker of Werksmans Attorneys
Mondaq website
* * * free subscription required * * *

Courts

Gambler goes to court to get share of jackpot - 11 December
Two Durban gambling friends are embroiled in a bitter court wrangle over a R370 000 jackpot won at a casino. Unemployed Basdew Aniruth has taken Rita Janeth to the Durban High Court claiming Janeth reneged on an agreement to split winnings from the Sibaya casino, on the KwaZulu-Natal North Coast
Sunday Times website

Criminal Justice System

Correctional Services on release of D Oosthuizen
20 December 2005
SA Government Information website

Boeremag terrorist walks free after two years - 21 December
The Boeremag member who was jailed for terrorism is free. Dawid Oosthuizen, who walked out of Zonderwater Prison on Tuesday, will serve the remainder of his eight-year prison sentence under correctional supervision. Sentenced in May 2003, Oosthuizen had pleaded guilty to terrorism in terms of a plea-bargain agreement with the state. This included that he would turn state witness against his 22 fellow Boeremag accused
IOL website

Prisons

Human rights at Pollsmoor prison appalling - 9 December
Despite a 50% reduction in the number of prisoners in Cape Town's Pollsmoor prison, overcrowding remains unacceptably high and human rights conditions, appalling. During a visit today by members of the Cape Law Society and the department of correctional services, plans to solve the problem were outlined
SABC News website

See also

Judicial Inspectorate of Prisons
http://judicialinsp.pwv.gov.za/

Jali Commission

Mbeki receives Jali prisons report - 15 December
President Thabo Mbeki on Thursday received the final report of the Jali Commission set up in 2001 to probe prison corruption and maladministration
iAfrica website

Cyber-activity

South African advisory committee urges legalisation of Internet gambling - [24 December[
Good news from the Financial Mail in South Africa is that a special investigative committee set up by the national Gambling Board to review and make recommendations on Internet gambling has recommended that it be legalised
Online-Casinos website

R15m cyber scam uncovered - 5 December
Four prominent Johannesburg businessmen have allegedly syphoned R15-million from Absa in an Internet scam. The Scorpions moved in on them on Friday, stripping Lenasia's Ganchi and Munshi families of R31-million in assets
IOL website

CEO faces action in hoax email saga - 5 December
A top businessman appears to be the latest suspect in the so-called hoax email saga which has already implicated intelligence agent Funi Madlala and suspended spy boss Billy Masetlha
IOL website

Education

Alarm over 'schooling for the elite' - 2 December
A school curriculum for the few, not the many -- that’s one of the most serious concerns teacher unions and educationists are voicing about the new further education and training (FET) curriculum for grades 10, 11 and 12
Mail & Guardian website

Family Law

Hunt on for maintenance defaulters - 22 December
The heat is being turned up on child maintenance defaulters, with the KwaZulu-Natal Education Department deducting amounts from the pay packets of at least 500 Durban teachers alone this Christmas, while traffic police randomly check for defaulters
The Mercury website

Fuel Shortage

see also
South African Petroleum Industry Association (SAPIA) website

23 December

Scorpions asked to probe fuel giants
The Scorpions have been asked to investigate possible fraud relating to the fuel crisis that has gripped the country in recent days
Mail & Guardian website

22 December

Fuel supply 'normal in a month'
Despite an easing in the recent severe fuel shortage experienced across South Africa, the current supply situation was still tight and the local industry was still "at least a month away" from returning to fully normal operations, according to the South African Petroleum Industry Association (Sapia)
iAfrica website

SA imports fuel from Europe
Cargoes of European fuel are set to sail for South Africa to plug supply gaps after a refinery fire added to a major fuel crunch in Africa's richest country, traders and industry sources said yesterday
SABC News website

Petrol hints for crossborder travel
The Automobile Association (AA) has warned that the shortage of fuel in South Africa is affecting fuel supplies in neighbouring countries. The AA Namibia has confirmed that some service stations in Windhoek are dry while Botswana and Mozambique are in the same situation
Motoring website

Govt to probe fuel crisis, compensation
Compensating consumers who suffered in the recent fuel shortages will be on the agenda of a government-appointed probe into the crisis, the minerals and energy ministry said on Wednesday. Durban advocate Marumo Moerane would head the probe, it announced
South Africa website

Fuel crisis : 'worst is over' for Cape farmers
Western Cape fruit farmers are over the worst of their diesel crisis, Agri WesCape chief executive Carl Opperman said
Mail & Guardian website

20 December

Tourism industry slipping during fuel crisis
The fuel shortage has been bad for the tourism industry, the chairperson of the Federated Hospitality Association of South Africa, Nils Heckscher, said
IOL website

19 December

Fuel crisis hits South African produce exporters hard
The fuel crisis has driven South Africa's economy to its knees, the Automobile Association said on Friday, as the major transport artery between Cape Town and Johannesburg became jammed at Beaufort West
Fresh Plaza website

16 December

Fuel crisis threatens agriculture in S Africa
Agricultural activities could come to a standstill due to the fuel crisis in South Africa with most of the leading producing provinces being highly affected, Agri SA said on Thursday
People's Daily Online [China] website

15 December

Country's fuel crisis 'has peaked'
The crisis around the fuel shortage has peaked and the situation should be well on the way to normalisation by next week, according to the petroleum industry
South Africa website

Task team will probe cause of fuel crisis
The petroleum industry had lied to her about the extent of the fuel shortages and a task team would be set up to investigate the cause of the crisis, Lindiwe Hendricks, minister of minerals and energy, said on Wednesday. “I was misled and then I also misled the public,” she said
IOL website

14 December

Minister Dowry appeals to Petroleum Industry Association for action
14 December 2005

SA Government Information website

Outrage over fuel 'lies'
Minerals and Energy Affairs Minister Lindiwe Hendricks is outraged that she was initially misled about the seriousness of the fuel crisis
Cape Argus website

Hendricks urged to probe fuel shortage
Minerals and Energy Minister Lindiwe Hendricks should investigate the circumstances which have led to the fuel shortage around the country and at the Cape Town International Airport, says official opposition Democratic Alliance (DA) minerals spokesman Hendrik Schmidt
Sunday Times website

Fuel crisis : make 'em pay!
Well guess what? The petrol crisis, particularly in the Western Cape, is the fault of the media!
Wheels24 website

Fuel crisis : oil companies could owe motorists R60m
In the wake of the continuing fuel shortage in South Africa, Minister of Minerals and Energy Lindiwe Hendricks has called for fuel companies operating in South Africa to reimburse motorists for the payments they receive for storing extra stocks of petrol and diesel, meaning the industry could face a collective payment of about R60-million
Mail & Guardian website

Fuel industry says it's to blame for crisis
On Tuesday, director of the South African Petroleum Industry Association, Colin McClelland, told an urgent sitting of parliament's portfolio committee for minerals and energy that : "if there's no fuel, the blame must lie with the fuel industry." The government, meanwhile, rejected calls from opposition parties to consider staggering its new clean fuel policy, which comes into effect on January 1
IOL website

Run on petrol just making crisis worse
South Africa's petrol woes continue as hundreds of stations across the country continue to run dry. The biggest problem facing the South African Petrol Industry Association (Sapia) is what its executive director, Colin McClelland, calls the "run on the bank" - motorists who are stockpiling petrol out of panic
IOL website

13 December

Fuel companies slammed
The government has ordered an urgent review of fuel stocks as the oil industry received a roasting for "bad planning" and reneging on a "moral agreement" to stockpile a 30-day supply
Cape Times website

Oil firms 'never reneged'
The fuel industry has rejected a claim by the government that it reneged on a "moral contract" with motorists to stockpile fuel supplies against refinery problems
Fin24 website

'No need for petrol panic'
The government has played down fears that pumps are running dry as Johannesburg residents fear their Christmas holidays could be placed in jeopardy. "There is no fuel shortage in the inland areas of South Africa," Minister of Minerals and Energy Lindiwe Hendricks said on Monday
IOL website

Airlines set to sue fuel firms after crisis
At least two airlines are considering legal action against petrol firms over the fuel crisis which left passengers stranded at the weekend. South African Airways was to release provisional loss figures on Tuesday
IOL website

12 December

Statement by the Minister of Minerals and Energy, Mrs Lindiwe Hendricks, with regards to the fuel shortage in the country
12 December 2005

SA Government Information website

Fuel shortages cause havoc in Cape
Fuel will continue to be rationed at Cape Town airport for three or four days needed to build up reserves
South Africa website

11 December

Petrol supply glitches ahead
Motorists and airline passengers are in for a bumpy ride while the petroleum industry is busy with the switch over to producing unleaded petrol
Sunday Tribune website

Fuel back on tap at Cape Town international
Fuel is again available to aircraft at Cape Town International Airport, Kader Jacobs, the supply logistics manager aviation at BP, has said. It became available on the apron at 5.30pm
SABC News website

Shell says fuel shortages to be sorted today
The Shell Petroleum Company says it hopes to stabilise the situation of jet fuel shortages and petrol in South Africa by this afternoon. Five flights were grounded at Cape Town International on Friday night and yesterday after supplies failed to arrive. The Airports Company of South Africa says they were told the fuel did not meet the required specification
SABC News website

10 December

Fuel crisis may hit SA
Petrol stations along the main coastal route through the Transkei to Port Elizabeth have been turning away drivers as the country is hit by a diesel shortage. The shortage comes after oil refineries countrywide have had to close down over recent months in order to install new equipment to comply with the Clean Fuel Bill
Dispatch website

Airport fuel shortage takes its toll on passengers
Stranded passengers at Cape Town International Airport have expressed their disgust after five flights were grounded last night and today. Airports Company of South Africa says a batch of fuel supplies failed to arrive
SABC News website

25 November

SA's latest fuel crisis
The changes to South Africa's fuel regulations have sparked much interest (and panic in some instances) as the January 1, 2006 deadline for fuel changes looms
Car Today website

see also

Petroleum age on the move - 13 December
The dilemma faced by the global oil and gas industry in finding energy solutions that are both environmentally friendly and affordable, was top of mind for delegates at this year’s World Petroleum Congress, held in Sandton from 25 to 29 September. This year's theme "Shaping the energy future : partners in sustainable solutions" came just months ahead of the implementation of clean fuels legislation in South Africa, which will see the phasing out of leaded fuel from 2006
Moneyweb website

Health

New laws to snuff out smokers - 11 December
Smokers will be banned from sports stadiums and tobacco companies will be hit with R1-million fines in a set of radical new anti-smoking laws, the Sunday Times reports
Fin24 website

Human Rights

Virginity Testing

SA to ban custom of virginity testing - 13 December
South Africa is set to ban the age-old Zulu custom of virginity testing on young girls even though traditionalists have vowed to disregard the new measure
IOL website
Keyphrase :
Childrens Bill

Judiciary

The judge with heart - 20 December
Cornia Pretorius finds out from the former Chief Justice of South Africa, Arthur Chaskalson, if there is life after law
Witness website

Justice and the new religion - 12 December
Nnonracialism, or, more accurately, antiracism, has become the religion of the new SA: it is now the equivalent of an unquestioned and unexamined ecclesiastical dogma. A characteristic of this doctrine is that it has only to be asserted to be proven. There are countless examples of real or imagined racial insult, but the most recent, involving the row over the conduct of Cape Judge President John Hlophe, is also the most illuminating
Article by Rex van Schlakwyk, former Supreme Court Judge
Business Day website

High Court judge faces inquiry - 11 December
In a step making legal history this week, an inquiry was held to investigate a complaint against a High Court judge. Members of the Judicial Service Commission, headed by Supreme Court of Appeal president, Judge Craig Howie, heard evidence relating to allegations concerning Judge Ismail Hussain of the Johannesburg High Court
Sunday Times website

Labour Issues

UIF to become govt agency - 20 December
The Unemployment Insurance Fund (UIF) is to become a government agency with assigned powers, the department of labour has said
News24 website

Employment up in third quarter : Stats SA - 13 December
"All the sectors apart from mining showed gains, probably due to an increase in operations or growth"
Business Report website

CCMA faces revamp after report details abuse, failings - 7 December
The labour department will review the operations of the government-funded Commission for Conciliation Mediation and Arbitration (CCMA), after an independent study found poor administration and abuse of the system by both unions and employers
Business Day website

Municipal Boundaries

Cross-boundary amendment in the best interest of citizens – Molewa
14 December 2005

SA Government Information website

'New boundaries should uplift wretched' - 14 December
Local government minister Sydney Mufamadi will soon announce concrete steps that will help the country's former cross-boundary municipalities catch up with those that are better off and ensure residents are not left out in the cold
IOL website

Remarks by the Minister of Provincial and Local Government, Mr FS Mufamadi re: consideration of the Cross-Boundary Laws and Related Matters Repeal Bill, National Council of Provinces, Cape Town
14 December 2005
SA Government Information website

Remarks by the Minister for Provincial and Local Government, Mr FS Mufamadi, on the occasion of the National Assembly’s consideration of the Cross-Boundary Municipalities Laws and Related Matters Repeal Bill
13 December 2005
SA Government Information website

KZN legislature votes on Matatiele - 8 December
The KwaZulu-Natal legislature has voted for the incorporation of Matatiele into the Eastern Cape, putting an end to the dispute over municipalities straddling the two provinces
BuaNews Online website

Pension Funds and Insurance

Life companies cut losses? - 21 December
Life companies are forced by the Pension Funds Adjudicator (PFA) to return penalties to policyholders in a series of rulings. Then the savings industry reaches an agreement with government to return R3-billion going back five years to limit further losses
Business Day website

Up to R3bn for policyholders - 13 December
After tough negotiations stretching over several years, the national treasury and the pension fund industry yesterday signed a statement of intent that will see up to R3 billion being set aside to reimburse former policyholders who believe that they were short-changed on surrendering policies prematurely or reducing monthly payments
Business Report website

Insurers confirm R2.6bn payback - 12 December
Sanlam, one of South Africa's largest life insurers, on Monday confirmed the cost to it of the announced joint settlement agreement between the life insurance industry and National Treasury at R600m (pre-tax)
Fin24 website

Life assurers under the microscope - 12 December
Investigations that could change the life assurance landscape are under way with the competition commission, the Financial Services Board (FSB) and the national treasury all looking at various aspects of life assurance
Business Report website

Statement from the Ministry of Finance - 12 December
Agreement between the Minister of Finance and long-term insurance industry on minimum standards aplicable to insurance industry savings products
Moneyweb website

Most South Africans can't afford life cover - 12 December
Eighty-seven percent of South African adults do not have any life cover and the main reason for this is lack of affordability, according to a study called FinScope 2005
Business Report website

See also FinScope 2005 at http://www.finscope.co.za/southafrica.html

Pension registrar may lend a hand in High Court fight - 10 December
The Registrar of Pension Funds may step in to assist retirement annuity (RA) fund members who face costly court battles after winning their cases taken to the Pension Funds Adjudicator
Personal Finance website

Prescription

Beware of the dangers of prescription - 6 December
Article by Eric Levenstein and Ryan Tucker of Werksmans Attorneys
Mondaq website
* * * free subscription required * * *

Provincial and Local Government

Some provinces may be dropped, Mufamadi says - 15 December
Provincial and Local Government Minister Sydney Mufamadi dropped a bombshell on Wednesday, declaring that the possible reduction of the country's nine provinces was "firmly on the table" and that an appropriate time could even be before the 2009 election
IOL website

Taxation Law

From some Sars taketh away, to others it giveth away - 13 December
The South African Revenue Service (Sars) has made the ownership of shares in 2006 more attractive but that of a company car less
Moneyweb website

Lawyers, tax and matters of privilege - 6 December
Do law firms expanding their tax practices enjoy a competitive advantage over other tax advisers because of legal advice privilege? The question is both topical and relevant
Business Day website

Traffic and Transport

Is your number plate cloned? - 20 December
Thousands of motorists are being fined for traffic offences committed by criminals driving cars with duplicated number plates, and the problem is increasing all the time
IOL website

KZN authorities get tough on traffic offences - 16 December
A total of 12 298 fines were issued in KwaZulu-Natal since December 1 for various traffic offences including driving without licences, drinking and driving, and exceeding the speed limit, the provincial traffic department said
IOL website

Roadside courts given the boot - 11 December
Speedsters in KwaZulu-Natal beware. It could be straight to the lock-up if you are caught speeding, after the termination of roadside courts
IOL website

Truth and Reconciliation Commission

Address of the President of South Africa, Thabo Mbeki, on the occasion of the 10th anniversary of the establishment of the Truth and Reconciliation Commission (TRC) and celebration of national Day of Reconciliation, Freedom Park, Tshwane
16 December 2005
SA Government Information website

New amnesty in the pipeline - 15 December
New guidelines for the prosecution of offenders from the apartheid years who did not get amnesty during the TRC or did not apply for it in the past, were proposed on Wednesday by Director-General of Justice advocate Menzi Simelane
News24 website

Committee refuses amnesty for Nieuwoudt - 22 December
A special committee has refused to grant amnesty to late former security police officer Colonel Gideon Nieuwoudt, according to its report released in Pretoria on Wednesday. The special amnesty committee, comprising two judges and an advocate, was set up after Nieuwoudt and others appealed a refusal by the Truth and Reconciliation Commission to grant them amnesty for the Motherwell killings in 1989
Mail & Guardian website

Miscellaneous

The A to F of Mbeki's Cabinet - 23 December
Who is bottom of the class? Who are the stars? Who went AWOL? From Minister of Correctional Services Ngconde Balfour to Minister of Environmental Affairs and Tourism Marthinus van Schalkwyk - as well as a trio of opposition leaders - we bring you the full Cabinet report card
Mail & Guardian website


Asia

South Korea

Embryo cloning cheat resigns in disgrace - 24 December
The world's most successful cloning scientist, Prof Hwang Woo-suk, who was hailed as a superstar with "God's hand" in his native South Korea, has resigned in disgrace. The furore that erupted yesterday over how his team partly faked results will send shock waves around the scientific world, damage the image of biotechnology and cast a shadow over rival British efforts to develop the next generation of medicine
Telegraph website

Stem-cell result fabricated, says panel - 23 December
The results of a landmark 2005 paper on producing tailored embryonic stem cells were intentionally fabricated and the main scientist should shoulder the blame, a South Korean investigation panel said
IOL website
Keyphrase :
Hwang Woo-suk


Australasia

Australia

Anti-terror laws approved - 7 December
The federal government's sweeping new counter-terrorism powers have officially become law after the lower house today gave the final tick to the controversial measures
The Age website

Australian bank takes flak for issuing style guide - 5 December
An Australian bank apologised on Monday to staff upset at being told how to trim nose hair and hide fat legs
Mail & Guardian website


Europe

Data Protection and Privacy

Europe passes tough new data retention laws - 14 December
The directive will require Internet service providers and phone companies to keep data on every electronic message sent and phone call made for between six months and two years
CNet News website

EU parliament adopts anti-terrorism data rules - 14 December
The European Parliament on Wednesday adopted new rules drawn up by the European Union to store phone and Internet data for up to two years to fight terrorism and other serious crime
Yahoo website

ISPs battle 'draconian' EU data directive - 9 December
Internet service providers (ISPs) across Europe are urging MEPs to revise the wording of a draft directive on the retention of internet and phone data for over three years, which is to be voted on in the European Parliament next week
Silicon Republic website

France

Collapse of child sex case shakes French courts - 2 December
The French judicial system was shaken last night by the collapse of a case in which 13 innocent people were accused of belonging to a paedophile ring. Six people, including a priest, were cleared by a Paris appeals court after it became clear that a simple abuse case implicating two couples, who admitted raping or molesting children, had escalated into a witchhunt against neighbours and relations
Telegraph website
Keyphrase :
Outreau affair


Middle East

Iraq

Saddam recounts capture to British tabloid - 19 December
Former Iraqi dictator Saddam Hussein has for the first time recounted the moment of his capture two years ago in an "interview" conducted via his lawyer, British newspaper The Sun said
Mail & Guardian website

Saddam Hussein Trial

22 December

They would take one of us away and he'd return in a sheet, dripping in blood
It was the first time since he went on trial that Saddam Hussein seemed lost for words. Gone were the histrionics and bluster of previous court appearances, when the former dictator upstaged everyone from judge to fellow defendants with his interruptions and grandstanding. Instead the limelight was taken by a softly spoken witness who comported himself in every way Saddam has not since he took to the dock. Ali Hassan al-Haidari was dignified, erudite, compelling - and brave
Telegraph website

21 December

Iraqi justice minister slams Saddam's judges
Iraqi Justice Minister Abdel Hussein Shandal on Wednesday slammed judges running the trial of Saddam Hussein as being unqualified despite their foreign training
Mail & Guardian website

'The witness is a liar'
Saddam Hussein's half-brother Barzan Tikriti on trial with the former dictator over a massacre of Shi'ite villagers, lashed out at a prosecution witness and at the judges during Wednesday's hearing
News24 website

28 November

Saddam witness speaks from beyond the grave
The court trying Saddam Hussein and seven former cohorts for a 1982 massacre in Iraq watched video testimony on Monday from a witness who gave evidence from his prison hospital before his death. Waddah Ismail al-Sheikh, a former prison warden, was shown sitting in a wheelchair and dressed in a hospital robe giving testimony about the 1982 massacre of 148 men and youths from the Shi'a village of Dujail after an attempt on Saddam's life
IOL website


United Kingdom

Anti-Terrorism

Torture law victory for terror suspects - 9 December
Torture is not acceptable, seven law lords agreed yesterday as Britain's highest court unanimously allowed an appeal on behalf of 10 suspected terrorists who were detained in the months after September 11
Telegraph website

see Judgment at http://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd051208/aand-1.htm

What the judges said - 9 December
Lord Bingham, the senior law lord, said the issue to be decided was "one of constitutional principle, whether evidence obtained by torturing another human being may lawfully be admitted against a party to proceedings in a British court, irrespective of where, or by whom, or on whose authority the torture was inflicted"
Telegraph website

How the law and UN define torture - 9 December
Under the United Nations Torture Convention of 1984, torture involves intentional infliction of pain, by a public official, to obtain information
Telegraph website

Courts

Tsunami court hears sombre litany of death - 6 December
One by one their names were read out, their dates of birth, their addresses and professions. One by one the same verdict was recorded: death by drowning, victim of the tsunami. It was a verdict never heard before in a British coroner's court
Telegraph website

Daughter faces bill of £170 000 after losing house case - 16 December
A multi-millionaire property tycoon won a High Court battle with his stepdaughter yesterday after a judge accused her of falsifying evidence. Judge Seymour, QC, rejected Mary Hall's claim that mortgage payments totalling £105 840 made by her stepfather, Malcolm Hall, 69, to enable her to buy a house on Fulham Road, west London, were a gift
Telegraph website

Education

Government rejects advisors' call for primary sex lessons - 5 December
The Government distanced itself yesterday from a report by its own advisors recommending that sex education in primary schools should be made compulsory
Telegraph website

Emigration and Immigration

Young father deported to S Africa - 24 December
A young father who had planned to spend Christmas with his family has been deported to South Africa.  Burl Petersen, 31, who has lived in the UK for eight years, was forced to leave his partner Krista Barber, 23, and eight-month-old Mia behind in the UK
BBC News website

Family's London reunion plan ends in tears - 23 December
The Soweto mother was over the moon with excitement as the plane landed at Heathrow Airport in London. In no time at all, 45-year-old Baby Motsisi thought, she would be reunited for Christmas with her daughter, Moipone. But, hours later, in tears and bitterly disappointed, she was on her way back to Johannesburg. With her was her 12-year-old son Mpho, who had flown with her from South Africa
IOL website

People smuggling racket smashed - 18 December
South African police and their London counterparts have smashed an illegal immigration syndicate. Their investigations revealed that the syndicate, based in London, had smuggled at least 150 illegal immigrants from Zimbabwe, South Africa and Jamaica into the United Kingdom
Sunday Tribune website

Health Issues

NHS may not treat smokers, drinkers or obese - 9 December
People who are grossly overweight, who smoke heavily or drink excessively could be denied surgery or drugs following a decision by a Government agency
Telegraph website

Miscellaneous

Beating up Barbie: some girls' favourite game - 20 December
The iconic plastic doll suffers mutilation and torture at the hands of some young girls, according to research published by British academics. "The meaning of Barbie went beyond an expressed antipathy; actual physical violence and torture towards the doll was repeatedly reported, quite gleefully, across age, school and gender"
IOL website


United States

Anti-Terrorism

Double legal rebuke for Bush - 23 December
United States President George Bush faced a rare challenge from the judiciary on Thursday when two courts questioned the legality of his expansion of presidential powers in the war on terror
Mail & Guardian website

Bush settles for counterterrorism compromise - 22 December
United States President George Bush was forced late on Wednesday to settle for a face-saving compromise on a key counterterrorism law that fell far short of his goal to see it expended indefinitely
Mail & Guardian website
Keyphrase :
Patriot Act

Pentagon is said to mishandle a counterterrorism database - 16 December
Pentagon analysts appear not to have followed guidelines that require deleting information on American citizens and groups from a counterterrorism database within three months if they pose no security threats, Pentagon officials said
New York Times website

President backs McCain measure on inmate abuse - 16 December
Under intense bipartisan Congressional pressure, President Bush reversed course on Thursday and reluctantly backed Senator John McCain's call for a law banning cruel, inhumane and degrading treatment of prisoners in American custody
New York Times website

Senate is set to require details on secret prisons - 14 December
The Senate is poised to approve a measure that would require the Bush administration to provide Congress with its most specific and extensive accounting about the secret prison system established by the Central Intelligence Agency to house terrorism suspects
New York Times website

Rice to claim Euro backing for CIA prisons - 5 December
Condoleezza Rice, the US secretary of state, will vigorously defend America's fight against terrorism when she arrives in Europe today amid uproar over reports of terrorist suspects being held in secret CIA prisons. In the most heated transatlantic row in a year, European politicians and the media have expressed outrage over claims that the suspects are in custody in so-called "black sites" in eastern Europe
Telegraph website

Courts

Court puts California's violent video game law on hold - 23 December
A federal judge has agreed to temporarily block a new California law banning the sale or rental of violent video games to minors. US District Court Judge Ronald Whyte said Video Software Dealers Association and Entertainment Software Association "were likely to succeed" in their lawsuits arguing that the law violates free-speech rights
Business Report website

Criminal Justice System

Capital punishment on trial - 19 December
Convicted murderer Stanley "Tookie" Williams was executed on Dec. 13 by the state of California. The salience of the death penalty as a political issue has waned even as the rate of executions has increased. Public support for capital punishment is declining and some politicians have qualified their support for the practice
Forbes website

Stanley Williams body to rest in Africa - 15 December
Stanley Tookie Williams III was born December 29, 1953 and executed December 13th, 2005 by the state of California at 51 years old, will have his ashes scattered in South Africa
Rap News website

California state executes Williams - 13 December
California prison officials executed Stanley Tookie Williams, 51, the ex-leader of the Crips gang who brutally killed four people in 1979, early on Tuesday after top courts and Governor Arnold Schwarzenegger rejected final appeals to spare his life. The unofficial time of death was 12:35am PST on Tuesday
IOL website

How 'Tookie' died - 13 December
Seventeen reporters witnessed the execution of convicted killer and gang leader Stanley "Tookie" Williams and gave their accounts afterward, reports CNN
News24 website

Tookie's long goodbye : timeline of an execution, quote by quote - 13 December
Village Voice website

Tookie case raises death row dilemma - 8 December
When, if ever, does a condemned death row killer deserve clemency? The question has come into sharp focus in California, where Governor Arnold Schwarzenegger is to hold a closed-door clemency hearing on Thursday for Stanley Tookie Williams, co-founder of the infamous Crips gang, who is scheduled to be executed for four murders on December 13
IOL website

Education

Judge : intelligent design is re-labelled creationism - 21 December
A
Pennsylvania judge's ruling against intelligent design legally applies only to a single school district. But the detailed critique of the arguments in favour of intelligent design could have a far-reaching legal and political impact. Judge John Jones of the US District Court for the Middle District of Pennsylvania ruled on Tuesday that requiring intelligent design in public school science lessons amounts to promotion of religion, and is therefore unconstitutional
New Scientist website

Health

Alistair Cooke's bones stolen by transplant gang - 23 December
Relatives of Alistair Cooke, the late broadcaster, have spoken of their revulsion after it was found that his bones were cut from his body by a criminal gang and sold for transplant tissue. The "body-snatchers", as the New York tabloids call them, surgically carved out his bones the day after he died, said the Daily News. The outrage came to light when police looked through the records of a mortuary they are investigating for serial abuse of bodies
Telegraph website

Privacy

Rice defends domestic eavesdropping - 19 December
Secretary of State Condoleezza Rice on Sunday defended President Bush's decision to secretly authorize the National Security Agency to eavesdrop on Americans without seeking warrants, saying the program was carefully controlled and necessary to close gaps in the nation's counterterrorism efforts
New York Times website

Rice comes out in support of Bush over eavesdropping - 19 December
Condoleezza Rice, the US Secretary of State, yesterday defended President George W Bush's secret order to allow spying on people, saying the move had been necessary to prevent terrorism, and dismissed claims that the eavesdropping operations were illegal
Telegraph website

Bush says he ordered domestic spying - 18 December
President Bush acknowledged on Saturday that he had ordered the National Security Agency to conduct an electronic eavesdropping program in the United States without first obtaining warrants, and said he would continue the highly classified program because it was "a vital tool in our war against the terrorists"
New York Times website

Unrepentant Bush reveals he ordered secret wiretaps in US - 18 December
President George W Bush revealed yesterday that he had personally authorised 30 secret wiretaps in the United States since the September 11 terror attacks as he strongly defended his administration's clandestine eavesdropping programme
Telegraph website

Bush lets US spy on callers without courts - 16 December
Months after the Sept 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials
New York Times website

Miscellaneous

When words come back from the dead - 13 December
In the year since pharmaceutical giant Merck withdrew its arthritis drug Vioxx from shelves, the company has been hit with 7 000 personal injury lawsuits - one of which already cost the company $253 million. But it could be a frequently misused feature of Microsoft Word that turns out to be the straw that broke Merck's back
Forbes website
Keyphrase :
MS Word. Track Changes

I pledge allegiance to my company - 8 December
Workplace covenants are a new twist on an old idea. They're a good way to boost office productivity - and morale. A covenant is a pledge or a binding agreement. It underscores the worker's commitment to the company and the company's commitment to the worker
Forbes website


Miscellaneous

WTO deal to end farm subsidies - 19 December
An agreement to end developed countries' export subsidies by 2014 was reached last night among trade negotiators who have been locked in talks for the past five days
Business Report website

'Modest' WTO deal better than nothing - 19 December
A deal at the World Trade Organisation (WTO) meeting in Hong Kong was a distinctly modest achievement which kept the Doha round of trade talks "on life support", although this was better than nothing, British newspapers said
Mail & Guardian website
Keyphrases :
Agricultural export subsidies
Doha Round

World trade negotiations are 'going backwards' - 17 December
Trade ministers from 149 countries were on Friday night bracing themselves for failure in Hong Kong after admitting that four days of intense and bitter wrangling had made only minimal progress in breaking the deadlock in global liberalisation talks
Mail & Guardian website

Local farmers have a long wait for WTO reforms - 14 December
South African producers of sugar, dairy products and canned fruit and those employed in these industries can expect a long wait before trade reform yields new markets and improved access to existing markets. Trade talks between 149 countries, which kicked off yesterday, had none of the urgency of previous meetings, delegates said
Business Report website

The perils of following the free-trade route - 12 December
Expect much gnashing of teeth at the World Trade Organisation (WTO) summit in Hong Kong this week. The chances of securing a comprehensive trade deal are non-existent, with the talks now really about damage limitation and the apportionment of blame
Mail & Guardian website

Charity goats are all the rage for Brits - 23 December
The humble goat is stepping out of the nativity scene into the forefront of ethical Christmas gift-giving in Britain this year, with villagers in the poorest parts of Africa reaping the benefits. In every instance, there are two recipients - the one who gets a personalised card and picture of "their" animal, and the family somewhere in Africa who gets a valuable head of livestock
IOL website

visit http://www.oxfamunwrapped.com/

Mayor wants to make dying an offence - 12 December
The mayor of a Brazilian town is trying to introduce a law making it illegal for residents to die
IOL website

Website takes a 'happy approach' to the news - 12 December
HappyNews is the brainchild of Byron Reese, chief executive of Austin, Texas-based PageWise, which publishes several how-to and advice websites. He decided the world needed a refuge from all the unpleasantness served up by newspapers and television news shows, so he launched HappyNews in July
IOL website

Happy News.com

eg,
Dog stuck to
railroad tracks is
rescued
-
22 December

 


E-Tips
Virus Alerts
Visit http://securityresponse.symantec.com/avcenter/vinfodb.html for up-to-date virus warnings

WWW Why Work the Web - Making the Internet Work for You
Mail

Smart inbox cuts email drudgery - 10 December
If opening your groaning email inbox on returning from vacation fills you with dread, help is at hand. Free software developed by Microsoft Research in Redmond, Washington, will sort through your inbox and prioritise messages from people it deems are most important to you
New Scientist website


Message

This text message will self-destruct in 40 seconds . . . - 13 December
Incriminating text messages need not cause embarrassment for long, thanks to a service that causes awkward notes to "self-destruct" shortly after being read. Cellphone users can purchase a bundle of 10 self-destructing messages for £5 by signing up and sending the word STEALTH to the number 80880. A "time-bomb" message can then be sent using the StealthText application. The recipient does not need to download any software as they will receive a normal text containing a link to the real message. Once the link has been activated and the message has been viewed, it will disappear after 40 seconds. To comply with data retention regulations, Staellium says that it keeps a record of all "stealth" texts on its servers
New Scientist website


Navigate

Getting around, made easier - 15 December
In recent years, Global Positioning System navigation, commonly known as GPS, has rapidly migrated from oceangoing vessels and adventurers' backpacks to the dashboards of luxury sedans. In yet another leap into the mainstream, GPS technology, cheaper yet more sophisticated than ever, is increasingly finding its way into the palms of everyday users
New York Times website


Ribbit Off

Watchdog attacks Crazy Frog rip-off - 21 December
Thousands of mobile phone users who downloaded the Crazy Frog ringtone without realising they were signing up to an expensive subscription service should get a refund, a government watchdog said
Telegraph website


Wiki

Wikipedia tightens editorial rules after complaint - 6 December
The popular reference site Wikipedia, which lets anyone create and edit entries, has tightened its editorial rules in an effort to stamp out vandalism and the posting of deliberate misinformation. The site will now require visitors to register before creating new entries. The change follows complaints from a high-profile US journalist about an entry that falsely implicated him in the assassination of both US President John F Kennedy and his brother Bobby Kennedy
New Scientist website


Vacancies
Litigator

Bax Kaplan Inc
Attorneys of East London

requires the services of a litigator with at least five years of Magistrates Court experience, High Court litigation experience an advantage.

Previously disadvantaged persons will be given preference.

Applications and curriculum vitae to be sent for attention :
Ms M Kriel
Fax : 043-706 8401
Email  :
michelle@baxkap.co.za


Professional Assistant
Rustum Reid

I am presently serving my one-year period of Articles of Clerkship at C K Friedlander Shandling Volks Inc of Cape Town, the said contract of articles due to terminate in February 2006.

During my articles, I successfully completed the Attorney’s Admissions Examinations and in February 2006, I will be eligible for admission as an attorney and thereafter intend practicing in the capacity of a Professional Assistant. Following my admissions in Cape Town, I will be relocating to Gauteng where I hope to be appointed as a Professional Assistant at a reputable and dynamic law firm.

My qualifications include a Bachelor of Arts Degree and an LLB Degree, both obtained from the University of Cape Town, as well as the successful completion of the six months Practical Legal Training offered by the Law Society. With respect to my practical legal knowledge and experience, I have been fortunate to receive a vast exposure in all areas of legal practice, in particular, Commercial Law and Civil Litigation.

As a Candidate Attorney, I have proved to be an individual of great aptitude, dedication, motivation, and someone who possesses the enthusiasm to gain knowledge and accept challenges. Most importantly, my experience has taught me
to understand and appreciate the legal profession and to maintain the high standard and integrity that the profession demands.

I am therefore confident that should I receive an appointment in the above capacity at your firm, the qualities I have acquired, and those I have yet to acquire, will make me an invaluable asset to your firm and the legal fraternity, where I will strive to maintain your firm’s standard of efficiency, professionalism, excellence and service delivery.

Should you wish to meet with me, I am amenable to schedule an appointment with you at your convenience.

Area

Gauteng

Contact

021-761 3637 ; 084 55 55 440
rustum.reid@gmail.com or rustumr@ckfriedlander.co.za


These Weeks in History
1 December

1834
The Emancipation of Slaves Act, passed by the British in 1833, comes into effect
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1834-12-01.htm

1955
Black woman challenges race law
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/1/newsid_4398000/4398912.stm

1990
Tunnel links UK and Europe
Source : http://news.bbc.co.uk/onthisday/hi/dates/stories/december/1/newsid_2516000/2516473.stm

2 December

1954
McCarthy condemned by Senate (
related to McCarthy's controversial investigation of suspected communists in the US government, military, and civilian society)
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272967&cat=10272946

1977
South African police cleared of Biko death
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/2/newsid_2516000/2516663.stm

1995
Rogue trader jailed for six years (Nick Leeson)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/2/newsid_2518000/2518423.stm

3 December

1967
First human heart transplant
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272968&cat=10272946

see also
Obituary. Hamilton Naki. BMJ
"Hamilton Naki, an unrecognized surgical pioneer, died on May 29th, aged 78". The Griot. July-September 2005

1984
Hundreds die in Bhopal chemical accident
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/3/newsid_2698000/2698709.stm

4 December 1981
Ciskei is granted 'independence'
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1981-12-04.htm

5 December

1933
Prohibition ends (US)
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272970&cat=10272946

1956
Police swoop on Congress of the People Leaders
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1956-12-05.htm

6 December

1865
13th Amendment ratified (officially ending the institution of slavery) (US)
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272971&cat=10272941

1906
Britain granted self-government to the Transvaal and Orange River colonies
Source :
http://www.newkerala.com/news.php?action=fullnews&id=61410

7 December

1941
American naval forces attacked at Pearl Harbour
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1941-12-07.htm

1979
Lord Soames to govern Rhodesia
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/7/newsid_2535000/2535763.stm

8 December

1965
New UK race law 'not tough enough'
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/8/newsid_4457000/4457112.stm

1980
John Lennon shot dead
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/8/newsid_2536000/2536321.stm

1988
Justice Kees van Dijkhorst of the Pretoria Supreme Court sentences the 11 "Delmas Treason Trialists"
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1988-12-08.htm

9 December 1940
Brits launch offensive against Italians in North Africa
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272974&cat=10272951

10 December

1961
Apartheid attacked at Nobel ceremony (Albert Luthuli)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/10/newsid_3223000/3223074.stm

1981
Mystery disease kills homosexuals
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/10/newsid_4020000/4020391.stm

1984
Bishop Desmond Tutu receives the Nobel Peace Prize
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1984-12-10.htm

2003
Mother cleared of murdering babies (Angela Cannings)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/10/newsid_3762000/3762944.stm

11 December

1941
Germany and Italy declare war on US
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/11/newsid_3532000/3532401.stm

1961
Albert Luthuli delivers his Nobel Peace Prize Lecture
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1961-12-11.htm

1975
Attack on British vessels heightens Cod War
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/11/newsid_2546000/2546045.stm

EU settles for half measure on cod crisis - 23 December 2005
The European Union has given fishermen permission to catch half of the present haul of cod in the North Sea next year. That is despite scientific advice for the fourth consecutive year that catches should be cut to zero to protect stocks from collapse
Telegraph website

1979
Rhodesia reverts to British rule
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/11/newsid_3950000/3950445.stm

12 December 1992
Princess Royal remarries
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/12/newsid_2547000/2547723.stm

13 December  1972
New offer for Thalidomide victims
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/13/newsid_2547000/2547825.stm

14 December

1989
The UN General Assembly calls for end to apartheid
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1989-12-14.htm

1995
Bosnia peace accord ends three-year war
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/14/newsid_2559000/2559699.stm

2003
Saddam Hussein captured
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/14/newsid_3985000/3985287.stm

15 December

1974
New speed limit to curb fuel use (UK)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/15/newsid_2559000/2559807.stm

1993
Parliament restores SA citizenship to 'Homeland' residents'
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1993-12-15.htm

2004
Blunkett resigns over visa accusations
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/15/newsid_4361000/4361728.stm

16 December

1969
MPs vote to abolish hanging (UK)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/16/newsid_3258000/3258437.stm

1838
The Battle of Blood River
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1838-12-16-short.htm

17 December

1968
Mary Bell (11) found guilty of double killing and sentenced to life in prison (UK)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/17/newsid_3261000/3261087.stm

1976
Opec members split over prices
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/17/newsid_2546000/2546675.stm

1903
The Wright brothers take to the air
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1903-12-17.htm

18 December 1865
Slavery abolished in America
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272983&cat=10272946

19 December 1984
Britain signs over Hong Kong to China
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/19/newsid_2538000/2538857.stm

20 December

1979
Council tenants will have 'right to buy' (UK)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/20/newsid_4017000/4017019.stm

1995
'Divorce' : Queen to Charles and Diana
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/20/newsid_2538000/2538985.stm

1992
CODESA convenes at Kempton Park, Johannesburg
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1992-12-20.htm

21 December

1938
'Extinct' fish found on the East London Coast

Source :
http://www.sahistory.org.za/pages/chronology/thisday/1938-12-21.htm

1988
Jumbo jet crashes onto Lockerbie
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/21/newsid_2539000/2539447.stm

22 December

1989
Brandenburg Gate re-opens
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/22/newsid_2539000/2539765.stm

1993
White parliament sits for last time
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1993-12-22.htm

23 December 1982
Gas tax hike (US)
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272988&cat=10272940

24 December

1814
War of 1812 ends (Britain and America)
Source :
http://www.historychannel.com/tdih/tdih.jsp?category=leadstory

1851
Fire ravages Library of Congress
Source :
http://www.historychannel.com/tdih/tdih.jsp?category=general&month=10272964&day=10272989

1865
Ku Klux Klan founded
Source :
http://www.historychannel.com/tdih/tdih.jsp?category=general&month=10272964&day=10272989

1968
First astronauts orbit Moon
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/24/newsid_4083000/4083587.stm

25 December

1977
Silent film legend Chaplin dies
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/25/newsid_2542000/2542535.stm

1989
Romania's 'first couple' executed (Nicolae and Elena Ceausescu)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/25/newsid_2542000/2542623.stm

26 December

2004
Thousands die in Asian tsunami
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/
december/26/newsid_4631000/4631713.stm

Tsunami-hit countries readying early-warning system - 13 December 2005
NewKerala website

1990
Iranian leader upholds Rushdie fatwa

Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/26/newsid_2542000/2542873.stm

27 December 1977
Star Wars fever hits Britain
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/27/newsid_2544000/2544239.stm

28 December 1909
Worst European earthquake (estimated 100 000 dead)
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272993&cat=10272946

29 December

1895
The Jameson Raid
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1895-12-29.htm

1975
New laws to end battle of the sexes (UK)
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/29/newsid_2547000/2547249.stm

30 December 1986
Coal mine canaries made redundant
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/december/30/newsid_2547000/2547587.stm

31 December 1879
Edison demonstrates incandescent light
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272964&day=10272996&cat=10272946


Last Thought
Dear Mary,

From me (hereinafter referred to as "the wishor") to you (hereinafter referred to as the "wishee") Please accept without obligation, except as stated herein, implied or implicit, my best wishes for an environmentally conscious, socially responsible, politically correct, low stress, non-addictive, gender neutral, celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasions and/or traditions of others, or their choice not to practice religious or secular traditions at all, and a financially successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2007, but with due respect for the calendars of choice of other cultures or sects, and having regard to the race, creed, color, age, physical ability, religious faith, choice of computer platform or dietary preference of the wishee.

By accepting this greeting you are bound by these terms :

1. This greeting is subject to further clarification or withdrawal.

2. This greeting is freely transferable provided that no alteration shall be made to
    the original greeting and that the proprietary rights of the wishor are
   
acknowledged.

3. This greeting is communicated "as is" and implies no promise by the wishor to
    actually implement any of the wishes, nor does it create any warranties of any
    kind, except as expressly stated herein.

4. This greeting may not be enforceable in certain jurisdictions and/or the
   
restrictions herein may not be binding upon certain wishees in certain
    jurisdictions and is revocable at the sole discretion of the wishor.

5. This greeting is warranted to perform as reasonably may be expected within the
    usual application of good tidings, for a period of one year or until the issuance
    of a subsequent holiday greeting, whichever comes first.

6. The wishor warrants this greeting only for the limited replacement of this wish or
    issuance of a new wish at the sole discretion of the wishor.

7. Any references in this greeting to "the Lord", "Father Christmas", "Our Savior", or
   any other festive figures, whether real or fictitious, dead or alive, shall not imply
   any endorsement by or from them in respect of this greeting, and all proprietary
   rights in any referenced third party's names and images are hereby
  
acknowledged.

Regards
Guy

Source : Guy
Also to be found on the Internet, for example at http://www.wilk4.com/humor/humorm132.htm


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

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