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

Issue no.4 - 27 January 2006                    

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

Contents
Government Gazette Update
Acts
Regulations and Draft Regulations
Government, General and Board Notices
KwaZulu-Natal Provincial Gazette
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
Professional Assistant
This Week in History
Last Thought
Weblog - http://knowgozone.blogspot.com

Government Gazette Update

Acts
Auditing Profession Act 26 of 2005

GN 26/GG 28406/16-01-2006

Close Corporations Amendment Act 25 of 2005

GN 20/GG 28390/11-01-2006

Constitution Twelfth Amendment Act, 2005

GN 1262/GG 28364/23-12-2005

Constitutional Matters Amendment Act 15 of 2005

GN 866/GG 27989/31-08-2005

Cross-Boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005

GN 1261/GG 28363/23-12-2005

Defence Special Account Amendment Act 18 of 2005

GN 990/GG 28105/06-10-2005

Judicial Matters Amendment Act 22 of 2005

GN 21/GG 28391/11-01-2006

South African Abattoir Corporation Act Repeal Act 17 of 2005

GN 975/GG 28094/03-10-2005

Special Pensions Amendment Act 27 of 2005

GN 33/G 28407/16-01-2005


Regulations and Draft Regulations
Labour Relations Act 66 of 1995

Bargaining Council for the Jewellery and Precious Metal Industry (Cape) - Extension of amendment of Main Collective Agreement to non-parties
GNR 49/GG 28395/20-01-2006

Petroleum Products Act 120 of 1977

Repeal of regulations published in GNR 1078 of 4 November 2005, GNR 1126 of 18 November 2005
GNR 34/GG 28408/13-01-2006

Draft Regulations

Petroleum Products Act 120 of 1977

Draft regulations regarding petroleum products manufacturing licences
GNR 38/GG 28408/13-01-2006

Draft regulations regarding petroleum products specification and standards
GNR 35/GG 28408/13-01-2006

Draft regulations regarding petroleum products site and retail licences
GNR 36/GG 28408/13-01-2006


Government, General and Board Notices
Occupational Diseases in Mines and Works Act 78 of 1973

Increase of levies
GenN 35/GG 28394/20-01-2006


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 Traditional Leadership and Governance Act 5 of 2005

PG 6460/16-01-2006
http://www.lawsoc.co.za/kznprovince/kzngazettes/2006/kznpg_2006_01_16_pg6460_ge.pdf


News on the Electronic Front

Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za

'Judge' Justin joins the greats - 20 January
From manufacturer of satirical T-shirts to Constitutional Court "judge" - that's exactly what Justin Nurse, of Black Label/Black Labour, White Guilt-fame, did this week. But only for three days, until a security guard recognised the new "judge" and kicked him out. "Just a joke, man, to make people smile a bit," explained the young businessman from Cape Town. He said the ruling on his case mentioned that "humour was the elixer of the constitutional court and I wanted to quickly prove it". - News24 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

Labour Courts

Standard Bank : counterblow - 20 January
When a senior compliance officer reported irregularities involving an operations director at Standard Bank stock brokerage Andisa Securities, the career of the accused man apparently suffered no setbacks. But Allison Pedzinski, who blew the whistle on Talbot and others in November 2002, was dismissed several months later as part of alleged retrenchment proceedings. A labour court judgment has found her dismissal unfair and described the reason given as "spurious and a sham". - Financial Mail 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 Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

Durban and Coast Local Division

Zuma Case

24 January

Different venue for Zuma corruption case?
The corruption trial of sacked deputy president Jacob Zuma could move to the Pietermaritzburg High Court, KwaZulu-Natal judge president Vuka Tshabalala said on Monday. - IOL website


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

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

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

Transvaal Provincial Division

Drainpipe murders : family slain in cold blood - 24 January
Horrific details about the cold-blooded killing of a Chinese family, including their four-year-old daughter, unfolded in the Pretoria High Court on Monday in the trial of two men charged in the so-called drain pipe murders. A former accomplice described how the four members of the Li family died. - IOL website


Witwatersrand Local Division

'Zuma afraid for rape accuser' - 29 January
Michael Hulley, the attorney for Jacob Zuma, the former deputy president, has written to the South African Police Services, saying he wants to note his client's concern about the safety and whereabouts of the woman who made a complaint of rape against Zuma. She is said to have briefly "absconded" from protective custody. After consultations with the rest of the Zuma defence team, Hulley apparently wanted to ensure that no finger would be pointed at the former deputy president or his supporters if anything negative were to happen to the complainant before the trial. That is set down in the Johannesburg High Court for February 13. - IOL website


Magistrates Courts

Cape Town

Alleged tik dealers from Russia denied bail - 27 January
Two Russian men who allegedly supplied a police trap with the chemical ephredrine for the manufacture of the drug "tik" in Russia, were denied bail in the Cape Town magistrate's court on Friday. - IOL 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/

Public Accountants' and Auditors' Board -  http://www.paab.co.za/

Wireless Application Service Providers' Association - http://www.waspa.org.za/

Government and Legislation

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

Statements and Speeches

New regulations to control lead in paint underway
27 January 2006
Keyphrase :
Hazardous Substance Act

National Lead Prevention Awareness Campaign

1 March 2006 declared a public holiday
27 January 2006

South African Revenue Service (SARS) announces the new face of Customs
26 January 2006

New wage increase for wholesale and retail workers
25 January 2006

New minimum wage for shop assistants announced - 26 January
The labour department announced a new minimum wage for wholesale and retail workers yesterday. As from February 1, the minimum salary of sales assistants in urban areas will be R2 289.30 a month, while their counterparts in peri-urban areas must get at least R1 860.30 a month. In rural areas the monthly minimum will be R1 719.90. - Business Report website

Min wage set for shop workers - 25 January
The labour department announced the new minimum wage for wholesale and retail workers on Wednesday. - Fin24 website

see Sectoral Determination 9 : Wholesale and Retail Sector - January 2006. - Department of Labour website

The Department of Health is inviting national non-governmental organisations (NGOs) working in the field of HIV, AIDS and tuberculosis (TB) to apply for funding for 2006/07 financial year, which commences on 1 April 2006
25 January 2006

Labour Minister "concerned" at latest employment figures
25 January 2006

see Labour Force Survey September 2005. - StatsSA website
Embargo lifted : 13:00, 24 January 2006

Press Conference on children and discipline in the home from a human rights perspective : "Appropriate discipline in a constitutional South Africa"
24 January 2006

Keyphrase :
Children's Bill

see also South Africa. Human Rights. Children below

Labour Department appoints new spokesperson
23 January 2006
Keyphrase :
Mokgadi Pela

Speech by the Minister of Health at Meeting of Stakeholders on Cancer Surveillance in South Africa
23 January 2006

Health on new dispensing fee for medicines
18 January 2006


Legislation

Auditing Bill

'Harsh' auditing bill signed into law - 24 January
The auditing profession faces a whole new regulatory framework to make it more accountable and less concerned with profits now that President Thabo Mbeki has signed the Auditing Professions Bill into law. According to announcements tabled in parliament yesterday, the bill was signed into law on January 12 but it will probably take a while for it to be implemented in full under new regulations. - Business Report website

Constitution Fourteenth Draft Amendment Bill 2005 and Superior Courts Bill

Making the case for judicial freedom in a democracy - 23 January
A proposed constitutional amendment will give general appellate jurisdiction to the Constitutional Court, whereas since 1994 that court has had jurisdiction in constitutional matters only. The proposed amendment is one of many tabled by the justice department for the first time in April 2005, without any prior discussion with members of the judiciary. - Business Day website

'Judiciary' Bills

Law by stealth imperils values - 24 January
SA is a remarkably better place for all its inhabitants in 2006 than it was in 1993. In the light of this universally admired progress, the tortuous saga of the various bills dealing with changes to the judiciary is unsettling. It is also inconsistent with the values and spirit of our constitution. I am less concerned here with the details of the bills than with the manner in which the changes have been pursued. I would argue that this demonstrates a shift in approach to governance by the executive.
Contribution by Hugh Corder. - Business Day website

Justice's big Christmas package needs to be handled with care - 24 January
Whenever government ministers try to put through big packages of controversial legislation all at once, they should be treated with wariness, if not outright suspicion.
Contribution by Hilary Joffe. - Business Day website

Road Accident Fund Amendment Act

Lawyers to challenge new accident fund law - 24 January
Some personal injury lawyers on a collision course with the government about the recent signing into law of the Road Accident Fund Amendment Bill, say they will go to the Constitutional Court to overturn the legislation. Various legal groups including the Coalition On the Road Accident Fund claim the new law will "erode the rights of motorists". - IOL website

DA slams road accident law - 23 January
The DA criticised President Thabo Mbeki yesterday for signing into law the Road Accident Fund Amendment Bill which disallows injured people from suing negligent drivers. The new law also restricts the amount of claims for loss of earnings by victims of road accidents to R160 000. - The Mercury website

Accident fund : 'no' to changes - 22 January
Resistance to proposed amendments to the Road Accident Fund (RAF) is gaining momentum, with almost 100 000 people signing an online petition to "stop the Bill". - Sunday Tribune website

RAF still battling R19.8bn deficit - 20 January
The Road Accident Fund (RAF) remains R19.8 billion in the red and a solution has yet to be found, the department of transport has said. - Business Report website

Statistics Act 6 of 1999

Jail for ignoring Stats survey - 20 January
It appears that people are still so ignorant about the new survey by Statistics South Africa (SSA) regarding the income and spending patterns of South African households that they regard threats of being prosecuted for non-participation as a joke. - Fin24 website

18.   Offences and penalties.— (3)  Any individual other than an employee of an organ of state, business or other organisation that—
(a) fails to answer a question put in terms of section 16 (2) (a) or furnishes an answer to such a question which is false or misleading in any material respect, knowing the answer to be false or misleading;
(b) fails to furnish information or sign a declaration in terms of section 16 (2) (b) or furnishes such information which is false or misleading in any material respect, knowing the information to be false or misleading;
(c) incites any other person to act as contemplated in paragraph (a) or (b);
(d) refuses—
(i) the Statistician-General or any authorised officer of Statistics South Africa, acting in terms of section 15, entry on any land or premises; or
(ii) to permit the Statistician-General or that authorised officer to inspect anything on or in that land or premises;
(e) wilfully obstructs the Statistician-General or any officer of Statistics South Africa in the exercise of a power, or the performance of a duty, in terms of this Act,
is guilty of an offence and liable on conviction—
(i) in the case of an individual, to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1 (1) (a) of the Adjustment of Fines Act, 1991, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; and
(ii) in the case of a business or other organisation, to a fine not exceeding R20 000 or an amount determined by the Minister from time to time by notice in the Gazette.
(4)  (a)  A conviction of an offence referred to in subsection (3) (a) or (b) does not relieve any individual, business or other organisation of the obligation to supply the correct information.
(b)  If after 14 days from the date of sentencing for that offence, the information has still not been furnished, that individual, business or other organisation is guilty of a further offence and liable on conviction for each day after the expiry of that 14 day period—
(i) in the case of an individual, to a fine not exceeding R500 or an amount determined by the Minister from time to time by notice in the Gazette; or
(ii) in the case of a business or other organisation, to a fine not exceeding R2 000 or an amount determined by the Minister by notice in the Gazette.


Useful Links and Items of Interest

Legal Profession

New Zealand

Minister to look into justice report - 23 January
Justice Minister Mark Burton says he will look into a report that calls for the creation of an independent body to investigate miscarriages of justice. After a two-year investigation retired high court Judge Sir Thomas Thorp has warned that up to 20 people could be wrongly incarcerated in New Zealand's jails. - tvnz website

'Miscarriage of justice' authority gathers support - 22 January
The Law Society says an independent body to investigate miscarriages of justice would fill an important gap in New Zealand law. A report by retired High Court judge, Sir Thomas Thorp, which analysed 53 applications to the Justice Ministry claiming miscarriages of justice, has recommended the establishment such a body. - Radio New Zealand website

Scotland

Law society official injured in frenzied knife attack - 25 January
One of Scotland's top legal figures was the victim of a frenzied knife attack by a hooded assailant outside his home.
Leslie Cumming, 62, chief accountant with the Law Society of Scotland, was stabbed several times on the body, head and face outside his home in the Murrayfield area of Edinburgh just after 5pm on Monday. - The Herald website

Police target rogue lawyers after bid to murder Law Society official - 26 January
Police investigating the attempted murder of a senior legal official have drawn up a list of aggrieved clients and rogue lawyers amid a growing belief that his work holds the key to the vicious knife attack. - Scotsman website

Cash laundering link to law chief stabbing - 29 January
Four Scottish solicitors suspected of money laundering are to be interviewed by detectives investigating a frenzied knife attack on a top law official. Leslie Cumming, who survived 12 stab wounds, is understood to have headed an inquiry into corruption among lawyers which resulted in the four solicitors facing trial. - Scotsman website


Same-sex Marriages

Nigeria

Same-sex marriage banned as intolerance grows - 22 January
The Nigerian government last week announced laws that will ban same-sex marriages and dictate five-year jail sentences for anyone who has a gay wedding or officiates at one. Nigeria, like many former British colonies, has laws dating back to the Victorian era that make sodomy punishable by up to 14 years in prison. - Sunday Herald website

Nigeria takes 'pre-emptive' step to outlaw same-sex 'marriage' - 21 January
The Nigerian government is taking a “pre-emptive step” toward introducing a specific ban on same-sex marriages as Europe and the United States become increasingly pro-gay marriage. Nigeria’s information minister, Frank Nweke, told the BBC this week that the government was taking the “pre-emptive step” because of developments elsewhere in the world. "In most cultures in Nigeria, same-sex relationships, sodomy and the likes of that, is regarded as abominable,” said Nweke. It is already illegal to engage in gay sex in Nigeria. Under a new proposed ban, gay couples who join in a wedding ceremony, as well as anyone who officiates at one, will risk five years in jail. - Christian Post website


South Africa

Courts

Porritt Cases

The shadier edges - 25 January
in the time it has taken for US prosecutors to investigate, charge, try, convict and hear the appeal of a perpetrator of white-collar crime, and for the accused to serve her sentence, the South African judicial system has yet to put its charges in a white-collar criminal suit. - allAfrica website

Tigon, Regal fraud trials put on hold yet again - 24 January
The long-awaited confrontation between the state and the alleged masterminds of corporate frauds worth millions of rand failed to happen yesterday as the criminal trials of Tigon CEO Gary Porritt and Regal Treasury Bank CEO Jeff Levenstein were postponed yet again. - Business Day website

Tigon fraud case postponed - 23 January
The hearing of fraud charges against Tigon Limited financial services company's chief executive officer and an employee was postponed until August in Johannesburg High Court on Monday. - iAfrica website

Education

Student to put university in dock over degree delay - 22 January
Disillusioned doctoral student Hilton Evens is taking legal action against the University of KwaZulu-Natal for delays in getting his degree. He blames the university for registering too many doctoral students for which it had too few supervisors. According to a source at the University of KwaZulu-Natal, the Graduate School of Business has set a world record over the past two years by registering 71 doctoral students for which it has only two full-time members of staff. - Business Report website

Emigration and Immigration

When is a refugee not a refugee? - 27 January
Refugees are classified as people who have crossed an international border in flight from their home country and are eligible for assistance from the UN High Commissioner for Refugees and other agencies. - IOL website

Home affairs in a sorry state, says experts - 23 January
The department of home affairs has failed to properly implement the immigration regulations which came into effect seven months ago, resulting in a crisis, according to several prominent immigration lawyers and practitioners. - IOL website

Firearms

Gun licences valid until 2009 - 28 January
The Department of Safety and Security has allayed fears of firearm owners that they will be prosecuted for failing to renew their licences, saying the validity of current licences issued under the old Act remained in force until June 30 2009. - IOL website

New gun lobby to fight weapons restrictions - 26 January
South African gun lobbyists were launching a new organisation on Thursday to press their case that more - not fewer - weapons are needed to curb crime in a country notorious for murders and armed robberies. The outspoken executive director of Gun Owners of America, Larry Pratt, was drafted in to back demands for the scrapping of post-apartheid legislation restricting ownership of firearms. - IOL website

Foreign Affairs

Africa's apartheid lackeys owe SA R76m in loans - 26 January
The apartheid ghost is seemingly coming back to haunt the new dispensation, particularly the department of foreign affairs as it struggles to recover millions of rands loaned to African countries that consorted with white minority rulers before 1994. - Business Report website

Health

Private hospitals defend rise in ward and theatre fees - 23 January
Private hospitals yesterday defended any increase in ward and theatre fees that might have occurred to compensate for lower medicine dispensing fees, which fell as a result of government introducing a set dispensing fee. - Business Report website

Human Rights

Woman sues for being held in a cell with men - 28 January
A young Cape Town mother who was locked up in a police holding cell with four men before being handcuffed to a chair for nearly four hours, plans to sue the police. The police officer allegedly wanted to make an "example" of Adams by locking her up when she declined to provide him with information about a gangster that he wanted. She was only let out when a passing woman officer noticed her inside with the men and let her out. - IOL website

Children

Kids still suffer under corporal punishment - 26 January
Corporal punishment was still being meted out to school children at every grade, a non-governmental body said on Thursday. Joan van Niekerk of Childline South Africa said this was happening in public as well as private schools. - IOL website

see also "Appropriate discipline in a constitutional South Africa" above

Jali Commission

Former prisons chief is acquitted on fraud charge - 26 January
The suspended head of correctional services in the Eastern Cape was yesterday acquitted of fraud, four years after he was first accused of cheating the department out of R50 000 in false travel claims. Raphepheng Mataka was cleared in the Port Elizabeth commercial crimes court of all five counts of fraud amounting to R55 355. - Herald Online website

Labour Issues

SETAs

Concern at Seta behaviour - 25 January
The Cape Town Regional Chamber of Commerce and Industry has protested to the Minister of Labour, Membathise Mdladlana, at the way some Setas (Sector Education and Training Authorities) are developing their own criteria for the payment of grants to businesses. - Cape Business News website

Workmen's Compensation

Doctors boycott disability fund - 23 January
South Africans who are injured in work-related accidents are increasingly being denied treatment by doctors and pharmacists because the labour department’s Workmen’s Compensation Fund has not processed their claims for payment. - Mail & Guardian website

Liquor Laws

Spirit of South Africa's liquor laws gets tested in court - 25 January
Interpretation of the country's liquor laws is set to come under close scrutiny in the next few months when a legal battle between a city nightclub and the Western Cape liquor police plays out in the Cape High Court. - Cape Argus website

Municipal Boundaries

Historical links

Proceedings of the Senate - 18 September 1996
Proceedings of the Senate - 4 November 1996
Polity website

The Determination of Metropolitan and District Council Boundaries. Municipal Demarcation Board - 4 October 1999

EC helps Griqua get services - 19 February 2000
In view of traditional leaders' rejection of the Demarcation Board's new municipal boundaries, Daily Dispatch reporter Mkhululi Titi spoke to the head of African languages at the University of Fort Hare, Dr Ntalenyane Lesoetsa, about the history of the boundary disputes. - Dispatch Online website

Municipal Management and Procedures

Cape Town

Cape Town firefighters in open revolt - 26 January
Firefighters have come out in open revolt - rejecting the City of Cape Town's denial that the fire service was in a crisis - and have defied a gagging order imposed on them. - IOL website

Ekurhuleni

Ekurhuleni mayor lists delivery successes - 27 January
Reflecting on the past five years of local government in Ekurhuleni, the executive mayor, Duma Nkosi, said the biggest challenge was amalgamating the nine towns and cities into one large metro. - IOL website

uMgungundlovu

New burials still banned - 24 January
Govt denies notice about water problems has been withdrawn. A notice warning the owners of the Ethembeni Cemetery in Lincoln Meade that burials at the current site are illegal and outside the 30 ha demarcated for burials still stands. - Witness website

Council ignores advice : legal team warns sales conditions are unfavourable - 23 January
Consultants paid R100 000 by the uMgungundlovu District Council to get the best deal for the municipality in the purchase of the Ethembeni Cemetery in Lincoln Meade also stand to make a hefty commission by being agents for the seller. According to the sales agreement they are entitled to a commission of R782 040 to be paid by the seller. - Witness website

No water problem, say consultants - 23 January
In response to a previous Witness story on the graveyard, the consultants hired by the Mgungundlovu Municipality say the Department of Water Affairs and Forestry (DWAF) and the KZN Department of Agriculture and Environment Affairs are to rescind their notice to the owner of the Ethembeni Cemetery to stop all further burials. - Witness website

uMsekeli

Anger over shutdown of board - 23 January
With just two months left until the impending closure of government entity uMsekeli Municipal Services, its 90 employees are still in the dark as to their future. So is the KwaZulu-Natal Legislature. - Witness website

eThekwini

Durban transport tender wrangle continues - 29 January
Hundreds of disgruntled former Durban Transport employees have, through a court order, stopped the privatisation of the city's bus service. The Itheku Services Trust - a body representing 600 disgruntled former employees - obtained an interim order in the Durban High Court two weeks ago which halted the conclusion of the deal between Remant Alton and Ebhodwe Transport Services, a body formed by 329 of the 1 200 former employees. - IOL website

Reparation

US Judge deals blow to apartheid claims cases - 26 January
A New York appeal court judge this week questioned the actions by a lobby group seeking damages from companies that did business with apartheid-era SA, saying not even the current government supported the group. - allAfrica website

US court hears apartheid reparations argument - 24 January
Oral argument starts on Tuesday in a New York appeal court, when lawyers for victims of apartheid human rights abuses plead their case for reparations from multinational companies. The case of Khulumani et al vs Barclays et al pits 87 South African victims against 23 foreign corporations, who are charged with aiding and abetting the apartheid regime. - IOL website

South Africans sue Barclays over apartheid - 23 January
Oral arguments begin tomorrow in a US court case which threatens to sully the names of Barclays Bank, BP, and other big companies for their activities in South Africa during apartheid. The case has been brought to the court of appeal in New York by 87 South Africans who say they were victims of human rights abuses. - Guardian Unlimited website

TRC joins fight as apartheid victims and state clash - 22 January
As the government prepares to celebrate the 10th anniversary of the Truth and Reconciliation Commission (TRC), two pending clashes show just how wide the gulf between civil society and the government over the commission's legacy has grown. - Sunday Independent website

Self-Defence

'Self-defence' shooter won't be arrested - 24 January
A Pretoria man facing a murder charge after he shot dead a late-night intruder in his home will not be arrested, police said on Tuesday. "We have opened a case for investigation before we send it to the National Prosecuting Authority (NPA)," said spokesperson Brenda Kgafela. "We haven't arrested the victim. It is up to the NPA to decide whether to prosecute". - IOL website

Man charged after intruder dies - 23 January
A man who allegedly shot dead his attacker in self-defence at his home in Sinoville, Pretoria on Sunday has been charged with murder, Pretoria police said on Monday. - News24 website

Sexual Offences

'Sex Tourist' Case

Swiss sex tourist facing civil claim - 28 January
Swiss paedophile Peter Zimmermann could soon be back in court - either to be prosecuted again for indecently assaulting a young South African boy or to face a civil claim. Zimmermann first escaped a criminal trial in South Africa after a plea bargain with the National Prosecuting Authority (NPA). Now Muzi Msimang, of Maluleke Msimang and Associates and president of the Black Lawyers' Association, intends suing Zimmermann, either here or in Switzerland. The key to the suit is that the plea bargain was based on the premise that the boy was 16 at the time and was therefore of the age of consent. Now it emerges that the boy was actually 14. - IOL website

SMMEs

How SMMEs can obtain ISO - 23 January
Small and medium sized businesses are often faced with a lack of resources, time constraints, lack of finance and little or no access to contracts. Many tenders and contractors require formal certification of quality standards such as ISO 9001:2000 to be in place before they award a contract. But complying with these standards can be a mammoth task, within the reach only of mostly bigger companies. This problem seems insurmountable for SMMEs. So what can an SMME do? Help is at hand thanks to an innovative scheme launched by SABS Western Cape in November 2004. - Cape Business News website

'Travelgate'

Travelgate : evidence of huge new fraud - 27 January
The Travelgate scandal is growing. Investigators are working through a new list of 100 names that could implicate senior MPs, including two Cabinet members, members of the whippery and parliamentary office-bearers. New information gleaned by the legislature’s axed finance chief, Harry Charlton, and liquidators indicates that Parliament may be owed as much as R36-million by travel agents and MPs for fraudulent travel claims - more than double previously published estimates. - Mail & Guardian website

Truth and Reconciliation Commission

Apartheid criminals beware : NPA - 24 January
The noose is tightening around perpetrators of apartheid crimes who shunned the Truth and Reconciliation Commission (TRC) or were refused amnesty, the National Prosecuting Authority (NPA) said. - News24 website

Miscellaneous

Oilgate man sues State for R150 mn - 29 January
Sandi Majali was to have received a contract to dispense social grants on behalf of the government. Majali's consortium was sent a letter stating that his information technology company IT Lynx Consortium was the Department of Social Development's first choice for the R500 million contract. However, the department pulled out of the deal after intervention from the National Treasury, which thought it too costly. - African News Dimension website


Africa

African Court on Human and People's Rights

Top SA judge to sit on human rights court - 24 January
The Judge President of the Pretoria High Court, Bernard Ngoepe, has been appointed to a newly established 11-member African Court on Human and People's Rights. - IOL website

Africa names judges for new human rights court - 22 January
African foreign ministers have elected judges to preside over a new human rights court for the continent which legal experts expect will give individuals redress against government abuses, officials said on Sunday. The judges elected were from Ghana, Libya, Mali, Senegal, Uganda, Lesotho, Rwanda, South Africa, Burundi, Algeria and Burkina Faso, AU delegates said. - Reuters website

Senegal

Belgium ask Senegal to extradite Habre - 26 January
Belgium said on Wednesday it would consider going to the International Court of Justice in The Hague if Senegal refused its request to extradite Chad's former leader to stand trial for torture and mass murder. - IOL website

Zimbabwe

Mugabe to evict neighbours - 29 January
Human rights lawyers in Zimbabwe on Sunday said government plans to take over homes adjacent to President Robert Mugabe's new mansion in a plush northern suburb of Harare were "unlawful". - News24 website


Australasia

Australia

HIV-positive man faces jail for 'unsafe' sex - 24 January
A HIV-positive Cape Town-born chef faces up to 45 years in jail in Australia for having sex with three women without telling them he had the virus. The 34-year-old man, who faces a maximum of 15 years for each count of endangering life if convicted, admitted to the South Australian District Court on Tuesday that he had had unprotected sex with one of the women after being diagnosed as HIV-positive. - IOL website


Europe

Germany

Judge's love offer in contempt of court - 25 January
A judge who fell for the defendant's girlfriend is in trouble after offering to put his rival away for a long time. - IOL website


Middle East

Iraq

Saddam Hussein Trial

29 January

Saddam trial resumes with new Kurdish judge
The trial of deposed Iraqi president Saddam Hussein for crimes against humanity was set to resume on Sunday with a new chief judge, amid growing concerns about the credibility of the court. - IOL website

Saddam walks out in protest
Saddam Hussein walked out of court on Sunday, soon after his defence team had also stormed out, to protest against the proceedings of his trial, a witness said. - IOL website


United Kingdom

Courts

Thatcher's legal problems continue - 23 January
Mark Thatcher, son of Britain's former prime minister, reportedly continues to be hounded by problems arising from a botched 2004 coup in Equatorial Guinea. Lawyers for Teodoro Obiang Nguema, the dictatorial president of the oil-rich African state, plan to ask an appeals court to allow their client to seek damages against the alleged backers of the coup, The Times of London reports. - United Press International website

'Happy slap' killer aged 14 is jailed - 24 January
A girl who was 14 when she took part in a "happy slapping" attack in which a man was beaten to death was jailed for eight years yesterday. Chelsea O'Mahoney filmed her friends on her mobile phone as they battered David Morley. She then ran at the bar manager and "kicked his head like a football". Her counsel, Anthony Berry, QC, said her parents were heroin addicts. - Telegraph website

Health

Mother loses 'right to know' abortion battle - 24 January
Girls under 16 can have abortions without their parents' knowledge, a judge ruled yesterday. Sue Axon, 51, a divorced, single parent of five children from Wythenshawe, Manchester, lost a High Court case challenging Government guidelines that allow health professionals to give sexual health advice to under-16s without parental consent. - Telegraph website

Labour

Singletons cry foul - 27 January
Singletons in the United Kingdom complain of bias in the workplace with pressure to attend after-hours dos and work weekends, a survey revealed this week. Most single people are happy being single but many feel picked on at work, left out of couple-dominated social occasions and penalised financially. - Mail & Guardian website

Traffic and Transport

Town halls defy law to milk millions from parking ticket fines - 23 January
Town halls are illegally using motorists as a cash cow by flouting government guidelines and turning parking control into a money-making business. An investigation by The Daily Telegraph has uncovered an array of abuses. They include the issuing of thousands of illegal parking tickets, many of which are quashed on appeal. Some contractors have set "benchmarks" for the number of penalty charge notices that each attendant should issue on their shifts. - Telegraph website

Miscellaneous

Diana probe complex, says former police chief - 27 January
The British inquiry into the death of Princess Diana is more complex than anticipated, the retired police chief conducting the investigation has said. Sir John Stevens, the former chief of London's Metropolitan Police, who is leading the British investigations, said in a TV interview that Dodi's father, Mohammed al Fayed, had been "right to raise concerns" over the crash. - IOL website

Passengers plot mutiny on Queen Mary 2 - 23 January
Passengers on board the Queen Mary 2, the world's largest cruise ship, are threatening to stage a sit-in protest after three Caribbean stop-offs were cancelled. - Telegraph website


United States and Canada

Arctic

Who is right on Arctic sovereignty? - 27 January
The dispute between Canada and foreign countries, particularly the United States, over Arctic sovereignty has gone on for decades. Canada says the waters have long been used by the country's Inuit, who gave their support to Canada's sovereignty claims in the 1993 Nunavut Land Claims Agreement. The United States and others insist that while the islands belong to Canada, they are surrounded by international waters. - Globe and Mail website

Courts

US Supreme Court rejects RIM's appeal - 23 January
The prospect of a wide-scale shutdown of the BlackBerry mobile e-mail service is closer to becoming reality, as the US Supreme Court on Monday turned down a request to review a major patent infringement ruling against BlackBerry-maker Research In Motion. - CNet News website

Human Rights

Death row blogger describes last days - 28 January
From death row in Baltimore Vernon Lee Evans doles out philosophy and advice to the curious, confused and lonely around the world on a unique blog, but his blogging days are numbered with the approach of his execution early next month. - Mail & Guardian website

see also Meet Vernon [blog]

Privacy

US lawmakers seek review of eavesdropping rules - 22 January
US surveillance laws should be reviewed and possibly rewritten to allow the type of eavesdropping that US President George W. Bush has been criticized for authorizing, lawmakers from both parties said on Sunday. Democrats and some Republicans have said the Bush administration's classified warrantless eavesdropping program is illegal. The White House has strongly defended the National Security Agency surveillance as both legal and essential. The Senate Judiciary Committee starts hearings on the issue on Feb 6. - Reuters website

Taxation Law

Survivor winner faces jail time over taxes - 26 January
Richard Hatch, who won $1-million in the debut season of the hit reality show Survivor, was found guilty on Wednesday of failing to pay taxes on his winnings and taken straight to jail. - Mail & Guardian website

'Survivor' testifies - 24 January
Survivor Richard Hatch decided not to pay taxes on the $1m he won on the reality show's first season after discussions with producers, fellow contestants and his accountant, he testified on Monday. - News24 website


Miscellaneous

Madiba could chair Bush 'trial' - 29 January
International activists and lawyers involved in the defence of Saddam Hussein said on Sunday they would organize a mock trial of US President George W Bush and the British and Israeli prime ministers for alleged war crimes committed in Iraq and the Palestinian territories. - News24 website

Battle looms over Not Made in China mark - 23 January
A Chinese law firm has pledged to oppose an application to register the phrase "Not made in China" as a trade mark. Alvito Holdings, whose registered headquarters is in Gibraltar, has applied to register the mark as both a word mark and a logo in the US and Europe, and has already got the go-ahead from Office for Harmonization for the Internal Market (OHIM). On January 11, the Community trade mark regulator accepted the last of three applications for the mark. One application was for a word mark and two were for logos. But Dennis Bi, a trade mark attorney with BTA Trademark and Patent Law Office in Beijing said that allowing someone to register the phrase as a trade mark was "not good for China". - Managing Intellectual Property website


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

Blog

He fought the law. They both won - 22 January
The United States attorney's office in Newark was in an uproar over something called "Article III Groupie". It all began on a Sunday in November when The New Yorker magazine posted a "Talk of the Town" article on its Web site about David B Lat, an assistant prosecutor for a little over two years, who - unbeknown to nearly all his colleagues, friends and family - was living a double life. - New York Times website

see Underneath Their Robes [blog]


CDs

How long do burned CD-Rs and CD-RWs last? - 27 January
CNet News website


Google

Google defends censorship - 25 January
It seems ironic, but at the same time that Google is fighting a battle against giving up information to the US Department of Justice, they are defending their decision to restrict access to sites that China does not want it's citizens to see. Apparently Google's only concerned with privacy and open access in the United States where it knows it can safely operate. - Search Engine Guide website

Access to Information [China]

No booze or jokes for Googlers in China - 26 January
Google's new China search engine not only censors many Web sites that question the Chinese government, but it goes further than similar services from Microsoft and Yahoo by targeting teen pregnancy, homosexuality, dating, beer and jokes. - CNet News website

Backlash as Google shores up great firewall of China - 24 January
Google, the world's biggest search engine, will team up with the world's biggest censor, China, today with a service that it hopes will make it more attractive to the country's 110-million online users. - Mail & Guardian website

Privacy [US]

Court date set for Google lawsuit - 26 January
Google's attempt to fend off the government's request for millions of search terms will move to a federal court in San Jose, Calif, on Feb 27. - CNet News website

Google's reputation at stake in fight with government - 22 January
Google, facing its biggest public relations battle yet, has more at stake than competitors as it fights a federal government demand for data on how millions of users search the Internet. - USA Today website

White House seeks Googles records - 19 January
A scenario long feared by privacy advocates over Google's voluminous storage of millions of pieces of information on user searches arose as Department of Justice lawyers asked a federal court to compel Google's cooperation with their requests. The federal government has been trying to revive the Child Online Protection Act, struck down by the Supreme Court in 2004, and wants information from Google's databases as DOJ lawyers prepare for a return to federal court in Pennsylvania to defend COPA's constitutionality. - webpronews website

Video

Google gets its videos in a twist - 29 January
Google, the socially conscious internet search engine which could seemingly do no wrong, has owned up to a "big mistake" in its latest online venture. - Mail & Guardian website


License

GPLv3 Draft - 20 January
GNU General Public License. Discussion Draft 1 of Version 3, 16 Jan 2006
This is a draft, not a published version of the GNU General Public License. - Free Software Foundation website


Vacancies

Professional Assistant
Fatima Osman

I have completed my four-year LLB degree.  I have attended the Practical Legal Training School and have duly completed one year of articles.

I have successfully passed the practical examinations and have also attended the Conveyancing course of which examination I have written and duly passed.

I have been admitted as an attorney and conveyancer on 24 January 2006.

I am looking for a position as a Professional Assistant in the Durban area.  My interest is more in the conveyancing field.

I am a diligent, hardworking, motivated and respectful person.

Contact

Telephone : 031-572 2849
Cell : 082-559 1202
Email :
drmr@webmail.co.za


 
This Week in History

21 January

1946
Prime Minister Jan Christiaan Smuts announced the intention of the government to introduce new legislation to replace the Pegging Act, due to expire on 31 March, prohibiting Indians from purchasing land from non-Indians
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1946-01-21.htm

1976
Concorde takes off
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272953&day=10272986&cat=10272946

22 January

1837
Piet Retief completes the manifesto that sets out the reasons why the Voortrekkers are leaving the Cape Colony. It is published in English in the Graham's Town Journal on 2 February 1937

Source :
http://www.sahistory.org.za/pages/chronology/thisday/1837-01-22ii.htm

1879
The Battle of Isandlwana
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1879-01-17.htm

1901
Queen Victoria dies
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272953&day=10272987&cat=10272946

1973
I
n its Roe vs Wade decision, the Supreme Court legalized abortions, using a trimester approach

Source :
http://www.nytimes.com/learning/general/onthisday/20060122.html?th&emc=th

A protest to note abortion anniversary - Newsday website

see Roe v Wade 410 US 113 (1973) at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

23 January

1971
Britain allowed to sell arms to S Africa
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/23/newsid_2795000/2795585.stm

1973
Nixon announces Vietnam peace deal
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/23/newsid_2506000/2506549.stm

1998
Former State President Pieter Willem (PW) Botha appeared in court in George because of his refusal to testify before the Truth and Reconciliation Commission (TRC)
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1998-01-23.htm

24 January 1901
Emily Hobhouse reports on her findings regarding concentration camps during the Second Anglo Boer War
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1901-01-24ii.htm

25 January

1924
First Winter Olympics
Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272953&day=10272990&cat=10272946

1971
General Idi Amin has seized power from President Milton Obote, the man who led Uganda to independence in 1962
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/25/newsid_2506000/2506423.stm

1981
104 die in Laingsburg Floods
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1981-01-25.htm

26 January

1905
Largest diamond in the world found at Cullinan
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1905-01-26.htm

1998
Clinton denies affair with intern
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/26/newsid_2672000/2672291.stm

27 January

1756
Wolfgang Amadeus Mozart is born

1914
Black and coloured women in the Free State protested when they were included in Pass leglislation previously reserved for African men only
Source :
http://www.sahistory.org.za/pages/chronology/thisday/1914-01-27.htm

1926
John Logie Baird, a Scottish inventor, gives the first public demonstration of a true television system in London, launching a revolution in communication and entertainment

Source :
http://www.historychannel.com/tdih/tdih.jsp?month=10272953&day=10272992&cat=10272946

1945
Auschwitz death camp liberated
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/27/newsid_3520000/3520986.stm

1967
Three astronauts die in Apollo 1 tragedy
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/27/newsid_3392000/3392419.stm

1980
Exiled Mugabe returns to Rhodesia
Source :
http://news.bbc.co.uk/onthisday/hi/dates/stories/january/27/newsid_2506000/2506219.stm


Last Thought

"Once in Africa I lost the corkscrew and we were forced to live off food
and water for weeks
"
- Ernest Hemingway

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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