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

Issue no.24 - 23 June 2006                    

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

 
Sudden death of veteran lawyer - 20 June 2006
The KwaZulu-Natal legal fraternity was shocked yesterday to hear of the sudden death of Frans van der Merwe, director of the KwaZulu-Natal Law Society. A report in The Mercury says Van der Merwe, who had served the law society for 32 years at the time of his death, died unexpectedly after undergoing an operation at Medi-Clinic Hospital in Pietermaritzburg on Friday. Van der Merwe had been due to retire from the Law Society in January, 2007. KwaZulu-Natal Law Society President Raj Badal said the society had lost a valuable member. - Legalbrief website
 
Contents
News
Law Society of South Africa. L.E.A.D - Seminars
Recent Journal Articles of Interest
De Rebus
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
  Parliamentary Monitoring Group
Useful Links and Items of Interest
E-Tips
Virus alert
Vacancies
Conveyancer
Last Thought
Weblog - http://knowgozone.blogspot.com

News

Law Society of South Africa. L.E.A.D - Seminars
High Court Litigation and Trial Advocacy Seminars

Want to be able to litigate with greater efficiency?
L.E.A.D and the Black Lawyers Association presents enlightening workshops on High Court Litigation and Trial Advocacy for practicing attorneys who have been in practice for at least 3 years since admission.

Part 1 - High Court Litigation

2 days

Presenters

Adv I Hussain (SC) in all centres

Dates and Venues

Day 1 - 09:00-16:00
Day 2 - 09:00-13:00

7 and 8 July Midrand Midrand Protea Hotel
14 and 15 July Durban School for Legal Practice
21 and 22 July Port Elizabeth Pine Lodge Resort
28 and 29 July Bloemfontein Bloem Spa & Lodge
4 and 5 August Nelspruit Crocodile Country Inn
11 and 12 August Cape Town Waalburg Conference Centre

Seminar Content

Day 1

▪ The concept "case management"
▪ Pre-litigation and taking instructions
▪ Case concept / theory of the case
▪ Pre-trial preparation (application)
▪ Motion Court Practice (Opposed, Unopposed, Interlocutory)

Day 2

▪ Pleadings Stage (Drafting of pleadings, Demonstrations and
  Application)
▪ A framework for dealing with evidence in litigation
▪ Drafting heads of argument (opposed motions and trials)

Registration Fees

Practising attorneys R55.00pp for both days

 

Limited seats available.  Early applications will receive preference.


Part 2 - Trial Advocacy

3 days

Presenters

Two experts in each centre

Dates and Venues

09:00-16:00

Venues to be advised

28 and 30 September Durban
12 and 14 October Port Elizabeth
26 and 28 August Bloemfontein
10 and 12 November Nelspruit

Seminar Content

Day 1

▪ Case presentation
▪ Direct and cross examination

▪ Impeachment

Day 2

▪ Impeachment
▪ Expert witnesses
▪ Tendering exhibits

Day 3

▪ Tendering exhibits
▪ Motion court proceedings

Registration Fees

Practising attorneys R750.00 pp for three days

Limited seats available.  Early applications will receive preference.


Contact

Jeanette Grobbelaar
P O Box 27169, Sunnyside 0132
Docex 247, Pretoria
Telephone : 012-341 2841
Fax 012-341-3784
Email :
jeanette@lssalead.org.za


Information Security and Privacy : Attorneys Duties

Attorneys make extensive use of electronic communications. Typically these communications are not secure and in the vast majority of instances attorneys break the law and are in breach of their duties of confidentiality and privacy to their clients.

Privacy legislation will place a legal obligation on attorneys to safeguard the security of personal information belonging to their clients. The purpose of this seminar is to assist attorneys in understanding their obligations in communicating and retaining electronic information.

Content

This seminar will focus on :

▪ The secure communication and retention of electronic information
  challenges facing the profession
▪ Legislation imposing information security obligations
▪ A practical guide to information security
▪ An overview of the Privacy Bill
▪ The attorney's duty of confidentiality and attorney and client
  obligations

Presenters

▪ Gavin McLachlan
  Chairman of the IT Committee of the Law Society of South Africa
▪ Mark Heyink
  Information Attorney and Information Security Consultant
▪ Maeson Maherry
  Information Security Technical Specialist
▪ A member of the South African Law Commission Privacy Law Project
  will address the Privacy Bill
▪ A senior local attorney will address attorneys' duties of confidentiality
  and attorney and client privilege

Registration Fees

R300 per person

Dates and Venues

09:00-13:00

4 July Johannesburg/Pretoria Volkswagen Conference Centre, Midrand
17 July Durban Durban Country Club
18 July East London East London Golf Club
19 July Port Elizabeth Nelson Mandela University Conference Hall
24 July Cape Town Waalburg Conference Center
25 July Bloemfontein Bloemfontein Spa and Lodge

Broadcast

Please indicate, if you are not able to attend the seminar at the dates or venues indicated, whether you would be interested in attending an interactive broadcast of the seminar. Please do this by email addressed to jeanette@lssalead.org.za or by fax addressed to Jeanette Grobbelaar at 012-341 3784. If the response warrants the organisation of a broadcast of the presentations, this will be arranged for a date in August or September 2006.

L.E.A.D reserves the right to cancel a seminar should the number of delegates not justify the costs which may be incurred.

Contact

Jeanette Grobbelaar
P O Box 27169, Sunnyside 0132
Docex 247, Pretoria
Telephone : 012-341 2841
Fax 012-341-3784
Email :
jeanette@lssalead.org.za


Recent Journal Articles of Interest

De Rebus - http://www.derebus.org.za/
Editorial
Women lawyers : an opportunity to find a united voice
DR - 2006 June, p.2
Letters
The London Olympics Bill passes into law with changes
Helen Burt
DR - 2006 June, p.3
Taswell Papier makes us proud
Mmoledi Malokane
DR - 2006 June, p.3
Hoexter report a panaceae for current problems
Theo Mapheto
DR - 2006 June, p.3
Wills contradiction not unreasonable
Anne Erwin

DR - 2006 June, p.4
Typo in 'Land-buying blues'?
David Thomson
DR - 2006 June, p.4
Land-buying blues and transfer duty
Arthur Schoeman
DR - 2006 June, p.4
May a court evict people from a home in disregard of the 'relevant circumstances'?
Zehir Omar
DR - 2006 June, p.5
The funny side of interpretation of statutes
Lucky Phakeng
DR - 2006 June, p.5
News
LSSA welcomes extension of consultation on controversial amendments Bills
Barbara Whittle
DR - 2006 June, p.7
Sawla to strive for rightful place for women lawyers
Barbara Whittle
DR - 2006 June, p.8
Keyphrase :
South African Women Lawyers Association

Subtitles :
Access to work one of the major problems faced by women lawyers
The bars to the Bar
Documenting women's engagement with the law
Resolutions list the best of intentions

SALRC calls for discussion on proposed Bill on trafficking in personsBarbara Whittle
DR - 2006 June, p.12
Costa scoops LNB prize for best article in De Rebus in 2005
DR - 2006 June, p.14
Pro bono
A view from the Bar : how access to justice can be blended with learning the craft of advocacy, particularly as shown by the synergy between The Bridge Group and the University of the Witwatersrand Law Clinic
Roland Sutherland SC
DR - 2006 June, p.16
Collecting your debt against the odds?
Theo Visagie
DR - 2006 June, p.21
Keyphrase :
Credit Agreements Act 75 of 1980
Magistrates' Courts Act 32 of 1944
National Credit Act
Usury Act 73 of 1968
Unfriendly courts for 'friendly sequestrations'?
Ivan Ka-Mbonane
DR - 2006 June, p.27
Keyphrase :
Bevan v Bevan and Ward 1980 TH 193
Craggs v Dedekind ; Baartman v Baartman and Another ; Van Jaarsveld v Roebuck ; Van Aardt v Borrett 1996(1) SA 935(C)
Insolvency Act 24 of 1936
Practice Note
Civil procedure
Danie van Loggerenberg SC, Leon Dicker and Jacques Malan
DR - 2006 June, p.29

Subtitles :
Applications to the Supreme Court of Appeal for leave to appeal
Amended practice directive for TPD

The law reports
David Matlala
DR - 2006 June, p.32

Administrative law

Meaning of administrative action - Minister of Health and Another NO v New Clicks South Africa (Pty) Ltd and Others (Treatment Action Campaign and Another as Amici Curiae) 2006(2) SA 311(CC)
Keyphrases :
Constitution of the Republic of South Africa 200 of 1993. S33(1)
Medicines and Relates Substances Act 101 of 1965. S22G
Promotion  of Administrative Justice Act 3 of 2000

Duty to exhaust internal remedies - Nichol and Another v Registrar of Pension Funds and Others [2006]1 All SA 589(SCA)
Keyphrases :
Financial Services Board Act 97 of 1990
Promotion  of Administrative Justice Act 3 of 2000. S7(2)(a)

Unreasonable delay in seeking review of an administrative action - Gqwetha v Transkei Development Corporation Ltd and Others 2006(2) SA 603(SCA)

Broadcasting

Diversity and representivity as requirements for a private broadcasting licence - Kingdom Radio (Pty) Ltd v Chairperson, Independent Broadcasting Authority and Another [2006]1 All SA 521(W)

Civil procedure

Interim interdict - Sea Lake Investments (Pty) Ltd trading as Sea Lake Industries v Msunduzi Municipality and Another [2006]1 All SA 656(N)

Setting aside of an order to sue by edictal citation - Orion Pacific Traders Inc v Spectrum Shipping Ltd 2006(20 SA 586(C)

Conflict of laws

Submission to the jurisdiction of a foreign court - Richman v Ben-Tovim 2006(2) SA 591(C)

Constitutional law

Power of the High Court and SCA to declare statute invalid for breach of constitutional obligation - King and Others v Attorneys Fidelity Fund Board of Control and Another 2006(1) SA 474(SCA)

Contracts

Tacit term of contract - City of Cape Town (CMC Administration) v Bourbon-Leftley NO and Another [2006]1 All SA 561(SCA)

Criminal law and procedure

Juvenile sentencing - Director of Public Prosecutions, KZN v P [2006]1 All SA 446(SCA)

Defamation

Defence of qualified privilege - National Education, Health and Allied Workers Union and Another v Tsatsi [2003]1 All SA 583(SCA)

Delict

A tender board is not liable for negligently awarding a tender contrary to principles of administrative justice - Steenkamp NO v Provincial Tender Board, EC [2006]1 All SA 478(SCA)

Divorce

Redistribution order - Buttner v Buttner [2006]1 All SA 429(SCA)
Keyphrase :
Divorce Act 70 of 1979. S7(3)

Education

Automatic dismissal of an educator who is absent without leave for more than 14 consecutive days - Phenithi v Minister of Education and Others [2006]1 All SA 601(SCA)
Keyphrases :
Employment of Educators Act 76 of 1998. S14(1)(a)

Estate Agents

Estate agent's commission - Tyrone Selmon Properties (Pty) Ltd v Phindana Properties 112(Pty) Ltd [2006]1 All SA 545(C)
Keyphrase :
Estate Agents Affairs Act 112 of 1976. S26

Land reform

Dispossession of land does not mean physical removal - Hlaneki and Others v Commission on Restitution of Land Rights and Others [2006]1 All SA 633(LCC)

Leave to intervene in land restitution proceedings - Imizize Tribal Authority v Hlolweni, Mfolozi and Etyeni Communities and Others : In re North Pondoland 2006(2) SA 578(LCC)

Motor-vehicle accidents

Submitting affidavit within 14 days of being able to do so - Thugwana v Road Accident Fund 2006(2) SA 616(SCA)
Keyphrase :
Road Accident Fund Act 56 of 1996. S.17(1)(b)

Quantum of damages - Road Accident Fund v Delport NO [2006]1 All SA 468(SCA)

Parent and child

Paramountcy of a child's best interests - F v F [2006]1 All SA 571(SCA)

Trade and industry

Enforcement of export incentive scheme - Minister of Trade and Industry of RSA v Farocean Marine (Pty) Ltd [2006]1 All SA 645(C)

New legislation
Prohibited simulation of judicial process
Pieter Stassen and Koos Stassen
DR - 2006 June, p.43
Tax law
CGT hits foreign currency transactions
Barry Ger
DR - 2006 June, p.47
Immigration law
Applications for permanent residence
Chris Watters
DR - 2006 June, p.49
Employment law
Talita Laubscher
DR - 2006 June, p.51
Property law
Town planning : consent applications in Gauteng
Sanet van Breda
DR - 2006 June, p.52
Recent articles and research
Henk Delport
DR - 2006 June, p.54

News on the Electronic Front

Recent Judgments Available on the Internet

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

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

Equality Courts

White River

Equality court finds artist guilty of hate speech for anti-Semitic graffiti - 18 June
A dog-parlour owner who painted anti-Semitic graffiti on the walls of his Jewish neighbour's home was found guilty of hate speech in the first such case to come before the equality court. - Sunday Independent website
Keyphrases :
Anti-Semitism
Gerhard Barkhuizen
Yaron Fishman


Labour Courts

Call for clarity on coloureds - 22 June
The trade union Solidarity wants to set a legal question to the Labour Court to obtain legal certainty on the status of coloured people in affirmative action. - Fin24 website

Women's scarf row heads to labour court - 23 June
Fairouz Adams, dismissed by correctional services for wearing a headscarf and refusing to tuck in her shirt, is jubilant after hearing she can take the department to the Labour Court. Adams, a Muslim social worker at Worcester prison, and the department failed to reach an agreement during a Commission for Conciliation, Mediation and Arbitration hearing in Worcester on Thursday. - IOL website

Durban

Court saves the day for textile workers - 19 June
Workers at a Durban clothing company, Microzone Trading, were given a temporary reprieve last week when the high court granted an urgent interdict stopping the sale of the company's equipment, which had been attached by order of a writ of execution from the labour court. Microzone is challenging the validity of the writ against the company by the clothing industry's bargaining council, which was issued to recover levies owed to the council, as well as a fine, legal costs, and provident and sick fund contributions amounting to R66 542. - Business Report website


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

10 April 2006
LCC01R/06
Smith v Ndweni


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

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

15 June 2006
10179/2002
Marco d'Ambrosi v Dr K Michalowski and Others
The plaintiff claims damages in the amount of R16 081 425,95 arising from the medical negligence of the defendants. His action is based on their failure, during December 2000, to display the necessary degree of skill, expertise and judgment in assessing, diagnosing, advising and treating his medical condition known as oesophagitis caused by oesaphageal reflux. The merits of the action have been settled, the defendants having conceded liability for the plaintiff's claim. The quantum of the claim has also, for the most part, been settled. Only two legal issues remain. The first is whether the cost of living differential between Johannesburg, where the plaintiff now resides, and London, where he intended to reside from the beginning of 2001, should be taken into account in assessing his claim for past and future loss of earnings or earning capacity. The second is whether medical aid scheme benefits should play a role in determining his claim for past and future hospital and medical expenses.

14 June 2006
9644/2004
Absa Bank Ltd v J L Erasmus
The plaintiff's case is based on money lent and advanced on an overdraft facility that is secured by a covering bond over the defendant's farm. The defendant pleaded that plaintiff fraudulently firstly, converted a loan on a first mortgage bond at an interest rate of not less than 17 per cent, to a loan on an overdraft facility to enable it to impose a higher interest rate ; secondly, included a costs clause of R52 000 without his knowledge and consent ; and thirdly, effected withdrawals, payments and unauthorized debits without his knowledge and consent. During the course of the trial, defendant introduced a further defence of prescription. He alleged that plaintiff's claim became prescribed by efflux ion of time. The defendant's counterclaim is based on pain and suffering, ill-health, emotional stress, financial ruin, domestic problems, loss of his multi-million project and black-listing of his name, which all resulted from the fraudulent conduct of plaintiff. The plaintiff denied these allegations and, more particularly, denied that its conduct was directly or indirectly the cause of defendant's problems. The plaintiff furthermore disputed that defendant suffered any damages and pleaded that if defendant succeeds in establishing such damages, plaintiff denies that there is a causal connection between the breach of contract alleged by him and such damages and/or that plaintiff is responsible or liable for the payment thereof. The defendant's counterclaim constitutes both the elements of a contractual liability and that of a delictual liability.

Media24 loses Wegbreek case - 23 June
Outdoor magazine Weg's publisher Bun Booyens said on Friday Media24 will decide next week if it would appeal a court ruling which allows the publication of new Afrikaans title Wegbreek. - Fin24 website

Widow of film tycoon in court for forgery - 16 June
Widow Debra Terry appeared in the Cape Town Regional Court on Thursday for the first time in connection with the forged will of her late husband, which left local film production giant and Intellvision owner Bruce Anderson-Terry's entire estate to her. With the testimony of handwriting experts, Cape Deputy Judge President Jeanette Traverso declared in 2003 that the signatures of both Bruce and now deceased witness Ricky Cox had been forged on a will that itself was questionably authentic. - IOL website

What became of Keystone money? - 15 June
Questions over who benefited financially from the sale of Keystone, an architectural firm that was assimilated by LeisureNet before it was liquidated, were posed yesterday in the Cape High Court during a section 174 application. - allAfrica website


Durban and Coast Local Division

Dept appeals against court decision - 23 June
The correctional services department has been granted leave to appeal against the High Court ruling compelling the department to provide antiretrovirals to Durban-Westville inmates. - allAfrica website

SA Aids prisoners to get anti-retrovirals - 23 June
A group of prisoners with HIV/Aids in South Africa obtained a court ruling this week ordering their jail to supply anti-retroviral drugs. A high court in Durban gave Westville prison two weeks to come up with a treatment programme involving the life-extending medicine. - Guardian Unlimited website

Press Statement by the Aids Law Project

23 June 2006

Victory for prisoners at Westville Prison as Durban High Court order access to ARV treatment

The AIDS Law Project (ALP), legal representatives of fifteen prisoners at Westville Prison and the Treatment Action Campaign (TAC), are satisfied with the judgment handed down by Judge Pillay in the Durban High Court yesterday. The court ordered that all restrictions that prevented our clients as well as other prisoners in a similar medical situation from accessing ARV treatment be removed with immediate effect.

The Government of the Republic of South Africa, Head of Westville Correctional Centre, Minister of Correctional Services, Area Commissioner of Correctional Services (KZN), Minister of Health and MEC for Health (KZN) (the Respondents) were ordered to provide access to ARV treatment in accordance with the National Department of Health's  Operational Plan for Comprehensive HIV and AIDS Care, Management and Treatment for South Africa. The Respondents were further ordered to serve on us and lodge with the Registrar of the High Court an affidavit by 7 July 2006 which sets out the manner in which it will comply with the court order. Our clients will then be entitled to comment on the affidavit. If however there is disagreement between the parties, the matter may be enrolled for a court hearing.

The judgment comes after months of failed negotiation attempts between the ALP, our clients and the Department of Correctional Services. As a result, during this period, our clients and other HIV positive prisoners even embarked on a hunger strike so that their grievances would be heard and addressed.

Our clients as well as the other prisoners are relieved that, after months of failed negotiations, they will get immediate access to life-saving treatment. We are therefore concerned and worried that the Department of Correctional Services publicly said yesterday that they would appeal the judgment. We urge them not to do so as this will not be in the best medical interests of prisoners with HIV who need immediate access to life-saving treatment.

Instead the ALP urges the Department of Correctional Services to meet with the Department of Health and all other relevant stakeholders in order to ensure that future conflicts such as that at Westville prison are avoided and that prisoners in need of medical treatment to which they are entitled by policy and law are able to access it without further delays.

We are further concerned about official statements made by representatives of the Department of Correctional Services which have misrepresented the judgment. We call on the Department of Correctional Services to respect the court and not to issue inaccurate statements.

A full copy of the judgment will be available on the ALP website at http://www.alp.org.za.

For further comment contact :

Michelle Govender at 011-717 8631 or
Mark Heywood at 083-634 8806


Zuma Case

Zuma judge to be revealed on trial day - 19 June
Only when former deputy president Jacob Zuma's corruption trial kicks off on July 31 will the defence teams and the National Prosecuting Authority know who will be the presiding judge. - 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/

30 March 2006
A72/2005
Auction Alliance Vrystaat (Pty) Ltd v Bobbert
Hancke et Wright, RR, Malherbe, RP Dissentiente Per Hancke et Wright, RR: Handelsbeperking – verstryk voordat aansoek om verlof om te appelleer aangehoor is – artikel 21A Wet 59/1959 – vraag of . . .

9 February 2006
A38/2005
Engelbrecht v POF
Koste - hersiening van taksasie - landdros bekragtig klerk van die hof se taksasie met koste. Artikel 81 van Wet 32 van 1944 verbied nie die landdros om 'n kostebevel te maak nie. Appèl - te . . .


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

Case closed as Piet Meyer wins freedom - 23 June
Police Senior Superintendent Piet Meyer is a free man after the Pietermaritzburg High Court on Friday rejected the State's application for leave to appeal against the setting aside of the police officer's bribery conviction and 10-year jail sentence. The court in February set aside Meyer's conviction by the Durban regional court. He was convicted of having corruptly accepted bribes from casino bosses David Winter and Guilo Bertolli. - IOL website

Court challenge could change common law - 20 June
A court ruling forcing a psychologist treating a rape victim to hand over confidential notes of all counselling sessions to the alleged rapist was subjecting rape survivors to secondary abuse at the hands of the criminal justice system. - IOL website


Transvaal Provincial Division

Nqakula admits wrongdoing in Khalid saga - 21 June
The police should have explained the circumstances surrounding the arrest and deportation of Pakistani national Rashid Khalid to the media. This is according to Safety and Security Minister Charles Nqakula, who was speaking on Tuesday at a press conference in Johannesburg aimed at building a better relationship between the media and the SA Police Service. - IOL website

Rashid motion 'not urgent' - 19 June
An application to have the deportation of Pakistani national Khalid Mahmood Rashid declared unlawful is not urgent, the Pretoria High Court ruled on Monday. - News24 website

Khalid Rashid still in the headlines - 19 June
Attorney Zehir Omar will ask the Pretoria High Court today to order the government to facilitate a process that will allow a deported Pakistani national to see his mother by June 24. - SABC News website

State accused of ill-treating Arab nationals - 18 June
A respected human rights group is trying to join the fray against the expulsion from South Africa of Pakistani Khalid Rashid, claiming they can prove a pattern of government ill-treatment of Arab nationals. - IOL website
Keyphrase :
Wits Law Clinic

SA may have breached Constitution in Rashid saga - 16 June
Shadrack Gutto, a law expert, says there is a prima facie case of government acting unconstitutionally in the deportation of Khalid Rashid, a Pakistani national. This relates to the constitutional requirement that government must obtain an assurance that deported and extradited individuals will not face the death penalty in countries they are sent to. - SABC News website

Rashid could face death penalty in Pakistan - 16 June
The controversy surrounding the disappearance of Khalid Rashid, a Pakistani national, is about to take on a constitutional nature. SABC News has learnt that a potential loophole exists for Zehir Omar, Rashid's lawyer, to question whether a guarantee was obtained from the Pakistani government that Rashid would not be executed if found guilty of terrorism. - SABC News website

Omar not to be arrested now - 15 June
Zehir Omar, lawyer for Pakistani national Khalid Mahmood Rashid, will not be detained, the Pretoria High Court ruled on Thursday. - IOL website

State seeks to have Rashid lawyer jailed - 15 June
The Department of Home Affairs will today ask the Pretoria High Court to jail Gauteng lawyer Zehir Omar for contempt of court. This comes a day after Omar, a lawyer for deported Pakistani national Khalid Rashid, was accused by the cabinet of "besmirching" South Africa's name. - allAfrica website

Khalid Rashid lawyer hits out at Cabinet - 15 June
If anyone had besmirched the country's good name, it was the South African government, a lawyer for Pakistani national Khalid Rashid charged. - allAfrica website


Witwatersrand Local Division

17 May 2006
7026/05
P G Bison Limited v Johannesburg Glasswork (Pty) Ltd

Developments in South African insolvency law / contributed by Tienie Cronje, researcher at the SALRC (http://www.doj.gov.za/salrc/index.htm)

The attached decision of the Witwatersrand Local Division of the High Court does not represent a major development in the insolvency law, but it is nevertheless interesting.

The Master of the High Court's decision to expunge a claim in terms of section 45(3) of the Insolvency Act seems to have been based solely on the fact that the claim could be set aside as a voidable disposition (paragraph [21]). Paragraph [17] deals with authority for the view that a claim which may be voidable stands until proper (court) proceedings are taken to set it aside. Although the court remarks (paragraph [18]) that the Master did not purport to invalidate or set aside the disposition, the fact that the disposition could be a voidable disposition seems to be the Master's only reason for expunging the claim.

Another interesting aspect of the decision is the following : the account was confirmed by the Master on 21 October 2004. It was several months later before the application to review the Master's decision was launched. It seems probable that payments were made by the liquidator in terms of the confirmed account - in terms of section 410(3) of the Companies Act receipts must be lodged within two months after confirmation of an account. The question whether the liquidator commenced distribution does not feature at all. As is pointed out in paragraph [13] the court may permit the re-opening of a confirmed account, but in terms of section 408 of the Companies Act this must be done before the liquidator commences with the distribution. In cases where a dividend has been paid, the Supreme Court of Appeal has expressed doubt whether the court may review the confirmation of the account on the ground of just error or even on the ground of fraud.  However, the court noted that fraud was a special case and that it had been said that "fraud unravels everything". (Gilbey Distillers & Vintners v Morris 1991 (1) SA 648 (A) 659.  See also Morris and Strydom v The Master 1994 (2) SA 731 (N) 735).


Regional Courts

Durban

Now Nikita's mother faces charges - 23 June
Shanaaz Shaik, the mother of little Nikita Pillay - who died after a vicious beating, allegedly at the hands of her father - will be arrested and will stand trial alongside her husband. On Thursday the Durban regional court heard that the arrest of Shaik, who had recently given birth, had been stayed on humanitarian grounds after the death of the baby, the second child she had lost in less than three months. - IOL website


Magistrates Courts

Bishop Lavis

SAA 'hijack' : Zimbabwean in court - 19 June
A slightly built Zimbabwean University of Cape Town (UCT) student, Tinashe Rioga (21), appeared briefly in the Bellville Magistrate's Court on Monday in connection with an alleged aircraft hijacking attempt. - Mail & Guardian website

Hijack: cops 'had to dominate' - 19 June
The police on Monday defended the conduct of the Special Task Force (STF) aboard the SAA plane that was subject to a hijacking attempt at the weekend. - News24 website

Acsa explains why syringes are allowed on planes - 18 June
Deidre Hendricks, an Airports Company South Africa (Acsa) spokesperson, says syringes are allowed on board South African flights due to health reasons. Hendricks was responding to the question of the day : how did the botched hijacking suspect get through security with a life threatening object? - SABC News website

SAA flight in attempted hijacking - 17 June
An SAA flight from Cape Town to Johannesburg was the target of what appears to be an attempted hijacking on Saturday morning. - News24 website

Camperdown

Court interpreter killed in KZN - 21 June
A court interpreter was found shot dead about ten metres from his parked car in Umsunduzi in the KwaZulu-Natal Midlands, police said on Wednesday. Police recognised Gordon, who was an interpreter at the Camperdown Magistrate's Court. -
IOL website

Malmesbury

We won't give horses back, says SPCA - 18 June
The Society for the Prevention of Cruelty to Animals says it will contest any attempt by Swartland veterinarian Louis Francois Naude to reclaim horses that were confiscated from his Glenlilly farm in February 2004. - IOL website


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

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

Commission for Concilation Mediation and Arbitration - http://www.ccma.org.za/

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

Competition Tribunal approval cans competitive concerns in favour of efficiency - 17 June
In 2005, the Competition Tribunal approved the large merger of the respective canning businesses of Langeberg (part of Tiger Brands) and Ashton Canning, subject to certain conditions. Approximately 80% of the merged entity's production of canned deciduous fruit and fruit puree is exported, but the decision correctly focused on the effect that the merger would have on competition in the domestic South African market. - Article by David Thompson of Cliffe Dekker Inc on the Mondaq website

* * * Free subscription required * * *


Financial Services Board - http://www.fsb.co.za/

Pension Funds Adjudicator -  http://www.pfa.org.za/

PFA slams impenetrable policy documents - 22 June
The pension funds adjudicator (PFA) called on life insurance companies yesterday to provide policyholders with documents that were written in clear and understandable language. - Business Report website


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

20 June 2006
Speech by the Minister of Correctional Services Hon. BMN Balfour (MP) on the tabling of report of the Portfolio Committee on Correctional Services

19 June 2006
W Cape scraps fees in 419 schools

16 June 2006
Address to the opening of the Cape Town Book Fair by Minister of Finance, Mr Trevor Manuel, International Convention Centre

16 June 2006
Statement by Cobus Dowry, Minister of Agriculture, Western Cape : Historic agreement signed this morning in Stellenbosch Road forward for Jonkershoek

15 June 2006
Statement of comments by President George W Bush on SA assisting Iraq

15 June 2006
South African Government condemns escalation of violence in the Middle East


Parliamentary Monitoring Group - http://www.pmg.org.za/
Documents may generally be accessed immediately by clicking on the underlined hyperlinks.  Subscription-protected documents are indicated by * * * Subscription required * * * ; KZNLS members who require access to restricted documents should cut-and-paste the reference/s into an e-mail to help@lawlibrary.co.za.

Interesting Documents and New Bills

Criminal Law (Sexual Offences) Amendment Bill [B50-2003] as introduced on 19 June 2006
http://www.pmg.org.za/bills/060619b50-03.htm

Committee Minutes

Agriculture and Land Affairs Portfolio Committee

13 June 2006
Address by Deputy Minister ; Isiqongo BEE/Agri Project : Briefing ; Chinese delegation visit

 

Arts and Culture Portfolio Committee

20 June 2006
National Heritage Trust : Promotion and preserving of environmental cultural heritage

13 June 2006
Arts and Culture Budget : Minister's briefing ; Department and National Film and Video Foundation : Discussion on areas of concern

Correctional Services Portfolio Committee

20 June 2006
Jali Commission Report : Minister's briefing

Jali report results in dismissal of 43 corrupt officials - 21 June
Forty-three officials have been dismissed for misconduct unearthed by the 38-month Jali commission of inquiry into prison corruption, MPs heard. These were among 250 cases arising from 11 interim reports submitted during the commission‘s investigation. - The Herald Online website

'It takes one real bastard to run prisons' - 21 June
"It's not an easy department . . . it's a tough cookie and therefore needs other tough cookies to be able to lead it. It needs bastards to lead it," Balfour told the National Assembly's correctional services committee. - IOL website

Some Jali recommendations impossible to implement : Balfour - 20 June
Correctional Services Minister Ngconde Balfour says it will be impossible for his department to outsource disciplinary process against officials found corrupt. - BuaNews Online website

Defence Portfolio Committee

20 June 2006
Denel briefing : creating a viable Denel

13 June 2006
Committee Minutes ; Heitman and De Coning matter postponed

Education Portfolio Committee

20 June 2006
Integrated Quality Management System implementation : Department briefing

13 June 2006
Impact of ASGISA and mechanisms to reduce school dropouts : Department briefing

Environmental Affairs and Tourism Portfolio Committee

20 June 2006
Sustainable Development National Strategy : EIA's ; Biodiversity Act : Department briefings

Finance Select Committee
* * * Subscription required * * *

19 June 2006
'Bulking' in the insurance industry : Briefing by Financial Services Board

Banks, insurers distance themselves from industry bulking - 20 June
Old Mutual and Liberty Group, two of South Africa's three biggest insurers, said none of their businesses had posted illicit profit from administering retirement funds without disclosing the income to customers. - Business Report website

Secret profits through bulking under scrutiny - 18 June
Retirement fund administrators and regulators are scheduled to appear before Parliament’s finance committee this week to deal with secret profit-making through practices such as bulking. The country’s largest pension fund administrator, Alexander Forbes, has admitted that it bulked funds and creamed off the interest, prompting the inquiry. Alexander Forbes has agreed to repay R368m in secret profits it made back to its retirement fund clients and R12m to an educational fund for trustees. - Business Day website

Pension funds may be pocketing pooled interest - 19 June
As many as 40 of South Africa's biggest retirement fund administrators may have illicitly earned interest income on the assets they control, the nation's Financial Services Board said. - Business Report website

Bulking is good : FSB - 19 June
There was nothing wrong with bulking per se, Financial Services Board (FSB) deputy executive officer Dube Tshidi told parliament's finance portfolio committee on Monday. - Fin24 website

14 June 2006
Taxation Laws Amendment Bill : Finalisation
Keyphrases :
Second Small Business Tax Amnesty and Amendment of Taxation Laws Bill [B15-2006]
Small Business Tax Amnesty and Amendment of Taxation Laws Bill [B14-2006]

14 June 2006
Appropriation Bill ; Committee Report on Provincial Expenditure Hearings ; Annual Committee Report : Adoption

Foreign Affairs Portfolio Committee
* * * Subscription required * * *

14 June 2006
Spanish Ambassador : Briefing ; Committee reports : Adoption

Home Affairs Portfolio Committee

20 June 2006
Committee Reports : Adoption

Justice and Constitutional Development Portfolio Committee
* * * Subscription required * * *

20 June 2006
Criminal Law (Sexual Offences) Amendment Bill [B50-2003]

13 June 2006
Repeal of Black Administration Act and Amendment of Certain Laws Amendment Bill : Finalisation ; Remuneration of Magistrates Committee Report

Justice Portfolio Committee, Joint Monitoring Committee on Improvement of Life, Status and Quality of Life of Women and Select Committee on Security and Constitutional Affairs : Joint meeting

19 June 2006
Sexual Offences (Redrafted) Bill : Informal briefing ; Magistrates Salaries Committee Report : Adoption

Labour Portfolio Committee
* * * Subscription required * * *

20 June 2006
South African Graduate Development Association : Briefing

Minerals and Energy Portfolio Committee
* * * Subscription required * * *

14 June 2006
Electrification Programme Budget Allocations : Treasury briefing (aborted)

Provincial and Local Government Portfolio Committee
* * * Subscription required * * *

13 June 2006
Youth development, employment and citizenship : Briefing

Public Accounts Standing Committee (SCOPA) ; Housing Portfolio Committee

14 June 2006
Housing subsidy allocations in provincial departments : Hearings

Public Enterprises Portfolio Committee

14 June 2006
Briefing by Department and Eskom on capital expenditure programmes

Public Service and Administration Portfolio Committee

19 June 2006
Qualified audit opinions on Departments : Briefing by Auditor General ; Implementation of Committee Report on Eastern Cape, KwaZulu-Natal, Limpopo and North West ; Committee Annual Report

14 June 2006
Capacity-building across the three spheres of government : Department briefing

13 June 2006
Recruitment strategies for the Public Service : Briefings

Public Services Portfolio Committee

21 June 2006
Role and Independence of Public Service Commission ; Review of Chapter 9 and 10 Institutions : Briefing by Minister of Public Service and Administration

Public Works Portfolio Committee

20 June 2006
New Minister on her vision for the department

13 June 2006
Property Sector Transformation Charter ; ASGISA Strategy : Briefing by Department

Science and Technology Portfolio Committee

13 June 2006
Water Research Commission : Briefing

Social Development Portfolio Committee

14 June 2006
Draft Committee Programme for 2nd and 3rd terms

Sport and Recreation Portfolio Committee

20 June 2006
2010 FIFA World Cup South Africa Special Measures Bill : Discussion

14 June 2006
2010 FIFA World Cup South Africa Special Measures Bill : Deliberation

13 June 2006
2010 FIFA World Cup South Africa Special Measures Bill : Deliberations

12 June 2006
2010 FIFA World Cup South Africa Special Measures Bill : Deliberations

Trade and Industry Portfolio Committee
* * * Subscription required * * *

14 June 2006
Cooperatives Act Regulations : Briefing

Transport Portfolio Committee
* * * Subscription required * * *

14 June 2006
Committee Report : Study tour to Latin America

Water Affairs and Forestry Portfolio Committee

14 June 2006
Department Quarterly Financial Report / Human Resources Turnaround Strategy : Briefing

Portfolio Committee on Water Affairs and Forestry

20 June 2006
Water quality and water security : Public hearings

NCOP Committees

Economic Affairs Select Committee

20 June 2006
Corporate Laws Amendment Bill [B6-2006] : Briefing

Select Committee on Education and Recreation

14 June 2006
South African Sports Confederation and Olympic Committee : Briefing

Select Committee on Land and Environmental Affairs

20 June 2006
Third Term Programme : Discussion and adoption

19 June 2006
Genetically Modified Organisms Bill : Briefing

13 June 2006
Deeds Registries Amendment Bill, Sectional Title Amendment Bill : Adoption

Local Government and Administration Select Committee

20 June 2006
Impact of power cuts on municipalities : Briefing by Cape Town and Johannesburg municipalities

Social Services Select Committee

20 June 2006
National Development Agency Annual Report 2005 and Strategic Plan 2006/07 : Briefing

Joint Committees

Improvement of Quality of Life and Status of Children, Youth and Disabled Persons Joint Monitoring Committee

9 June 2006
Child survival : Children's Institute and IDASA Briefings

Joint Rules Committee : Joint Subcommittee on Review of Joint Rules

14 June 2006
Joint Subcommittee on Review of Joint Rules : Deliberations on Draft Rules

AdHoc Committees

Appointment of Auditor General : Ad Hoc Committee

20 June 2006
Shortlisting of candidates for post of Auditor General

Requests for Submissions and Hearings

[Before 10 July 2006]

The Firearms Control Amendment Bill has been tabled in Parliament and referred to the Portfolio Committee on Safety and Security for consideration and report.  Please find the changes of the Act below inside the Bill.

The bill is accessible here : http://www.pmg.org.za/bills/060606b12-06.pdf.

Details on changes to the Act are here : http://www.pmg.org.za/docs/2006/safetyhearing.htm.

Any person who or organisation which would like to make written submissions to the Committee may do so by no later than 10 July 2006.

Written submissions should be addressed to : The Secretary to Parliament, P O Box 15, Cape Town 8000, and marked for the attention of Mr Jeremy Michaels.

Enquiries : Mr Jeremy Michaels, telephone 021-403 3806, fax 021-403 2808 or email jmichales@parliament.gov.za.

Issued by Honourable Maggie Sotyu, Chairperson : Portfolio Committee on Safety and Security (National Assembly).

 

2010 FIFA World Cup South Africa Special Measures Bill [before 7 July 2006]

The Portfolio Committee on Sport and Recreation is calling for written and verbal submissions on the 2010 FIFA World Cup South Africa Special Measures Bill [http://www.pmg.org.za/bills/060620b13-06(reintro).pdf] and [http://www.pmg.org.za/bills/060620b-16-06.pdf]

Based on the written submissions and in line with Parliament's vision of providing national forum for public to consider issues and seeking to act as a voice of the people, the Portfolio Committee on Sport and Recreation will decide who will be required to make verbal presentations.

Comments, contributions and views on the Bill are encouraged from the interested and affected stakeholders and members of the public.

The deadline for written submissions is Friday, 7 July 2006 at 12:00, written submissions and enquiries may be forwarded to the Committee Secretary, Ntombekhaya Mbuqe, telephone 021-403 3761 or fax 021-403 8231/2808 or email nmbuge@parliament.gov.za


Legislation

Mining Royalties Bill

Mining Bill announced soon - 16 June
Mining houses are anxiously awaiting an announcement on mining royalties legislation, which can be expected at the next cabinet meeting in two weeks time, government spokesperson Joel Netshitenzhe said. Netshitenzhe said the processing of the bill had been completed by National Treasury and would go to Cabinet committees over the next couple of weeks before being heard by Cabinet on June 28. - Dispatch Online website

Regulation of Interception of Communications and Communication-Related Information Act 70 of 2002 (RICA) - http://www.internet.org.za/ricpci_amendment_bill_2006.pd ; http://www.pmg.org.za/bills/060523b9-06.pdf

Go slow on cell phone registration - 19 June
Legislation to crack down on the use of cell phones for criminal purposes and to make it possible to intercept criminal calls should be phased in over two or three years, says the Cape Town Regional Chamber of Commerce and Industry. The Chamber was commenting on new legislation designed to ensure that every phone was registered and details of the owner and his or her address were on record. - Cape Business News website


Useful Links and Items of Interest

Legal Profession

United Kingdom

BIALL Conference Notes : Law Reform And Libraries - 23 June
One of the sessions at the conference - chaired by Chris Holland, featured Andrew Holroyd - Deputy Vice President, The Law Society. The title of the session was: "The Reform of Legal Services: Facing the Challenge". A major question posed in this session was : what might the implications of these reforms be and how will it affect those who work in the legal sector? At question time there was quite a lot of discussion from the floor about where this would leave law firms and their librarians. Someone asked whether the Law Society would be canvassing opinion from BIALL specifically and Andrew Holroyd said that BIALL may contribute. - Managing Information website

BIALL - http://www.biall.org.uk

Row brewing over Ombudsman role - 19 June
The Financial Services Ombudsman will attempt to take over the handling of complaints about lawyers. In a move that will be opposed by the legal profession, Walter Merricks. the Ombudsman, argues that the proposed new Office for Legal Complaints (OLC) could be run by his own office. - Times Online website

Legal Services Bill

Chancery Lane delivers verdict on reform plans - 15 June
The Law Society squared up to the Government last week as Chancery Lane delivered its closely-watched evidence to the parliamentary committee tasked with picking through the Legal Services Bill. - Legal Week website


Southern Africa Litigation Centre - http://www.southernafricalawcenter.org/salc/home.aspx
Press release

Report back for SALC's first year

22 June 2006

The Southern Africa litigation Centre (SALC), a joint initiative of the Open Society Initiative for Southern Africa (OSISA) and the International Bar Association (IBA), is today one year old.

In its first year of operation SALC has provided assistance and support to over 15 human rights cases within the southern Africa region. Cases supported range from challenges to the criminal defamation laws of Zambia, and the non-bailable offences legislation in Zimbabwe to the applications for bail and provision of defence to political opponents in Swaziland, most of whom allege torture during detention.

SALC's support has been extended in line with its principle of working together with domestic lawyers in the region interested in litigating important cases involving human rights and the rule of law. With the ongoing support of international law firm DLA Piper Rudnick, SALC continues to work to ensure that domestic courts in the region considering human rights issues have the full benefit of international and foreign precedents in support of human rights standards.

In addition to case assistance, SALC has supported a number of training and educative efforts - a human rights training workshop in Lesotho, a conference on Swaziland's new constitution and a conference on the administration of justice in the region, held in Zimbabwe.

In the past year SALC has also written several opinion pieces for various newspapers. These concerned cases where SALC has extended support, such as to Kenneth Good - the academic deported from Botswana - and to the treason accused in Swaziland.

SALC also registered its concern for the unconstitutionality of imminent interception legislation in Zimbabwe that will increase government surveillance powers, to threats to human rights defenders there and about the human rights implications of the South African government's policies in respect of Zimbabwe.

"Yet while its first year has been an eventful and fulfilling one," said Director Nicole Fritz, "We at SALC are conscious that there is much to do in order to increase its reach and impact. In particular, work ahead requires developing a better understanding not only of litigation that requires immediate response and support but also, importantly, that which might be strategically initiated. In the coming months SALC plans to develop specific areas of focus around rights of expression and around accountability in addition to pursuing its general human rights and rule of law mandate.

"On the basis of its first year's showing, I'd like to think SALC looks set to meet even the most exacting of expectations".
 


South Africa

Arms and Ammunition

Majority of SA fears falling victim to crime - 19 June
More than half of South Africans, or 54 percent of the population, have been victims of gun violence or know someone who has been a victim in the past five years. This is according to the results of a survey to be made public on Monday. Conducted by the Control Arms Campaign - comprised of Oxfam International, Amnesty International and International Action Network - the survey included respondents from SA, Brazil, Guatemala, Canada, Great Britain and India. - IOL website

see also http://www.controlarms.org/

Correctional Services

Judges mull solutions to prison overcrowding - 19 June
There is an urgent need to consider correctional supervision as an alternative to imprisonment to help alleviate overcrowding in prisons. This is the view of the country's judges who took part in a national discussion organised by the National Institution for Crime Prevention and the Reintegration of Offenders (Nicro) today. - SABC News website

Criminal Justice System

Cannibalism is not a crime, says Nqakula - 21 June
DA MP Ryno King, in a written question to parliament, asked how many people had been arrested for cannibalism in the last 12 years. King asked if any of those detained had been sent for mental evaluation. Careful not to jump from the frying pan into the fire after his recent call for crime-whingers to take a hike abroad, Nqakula said cannibalism was not a crime under SA law. - IOL website

Rape victims get raw deal, poll finds - 16 June
Most South Africans believe that the justice system is not fair to those who lay a charge of rape, according to a recent poll by Research Surveys. The survey was conducted among a sample of 2 000 South Africans from the seven major metropolitan areas. - IOL website

Environment

Business set to lobby government on carbon credit tax - 19 June
Organised business is preparing to lobby the government to implement clear guidelines on the taxation of carbon credit projects as part of its response to the environmental fiscal reform policy paper released by the national treasury two months ago. - Business Report website

Health

Huge reduction in deaths from unsafe abortions - 15 June
A new report by the Health Department has focused on the access of teenagers to termination of pregnancy services since abortion legislation took effect. - The Mercury website

Judiciary

Moseneke, Presidency rebuked over pay - 20 June
Deputy Chief Justice Dikgang Moseneke and the Presidency have been rebuked by Parliament's justice committees for their part in the debacle around remuneration packages for magistrates. The debacle, which saw the Presidency prematurely proclaim a recommendation by Moseneke for an effective 25% salary increase for magistrates, cost national treasury an extra R157m as that was not budgeted for. - allAfrica website

Labour Issues

Strikes

Security strike ends after months of strife - 22 June
The more than two-month-long, violence-ridden security guard strike is finally over, and employers can expect some of their workers to begin trickling back on Thursday. The South African Transport and Allied Workers' Union (Satawu) gave an indication on Wednesday that it would accept the employers' revised offer made earlier in the week. This means a R232 increase for the lowest-paid security officers, with Satawu saying this was an automatic increase of 19,89 percent for guards in that grade. - IOL website

Guards and employers seal deal - 22 June
A protracted strike by security guards will hopefully end with the signing of a new pay deal at noon on Thursday. South African Transport and Allied Workers' Union (Satawu) secretary general Randall Howard said on Wednesday that the deal would be accepted. Since March 23 guards from Satawu and the Transport and Allied Workers' Union of South Africa (Tawusa) have been holding out for an 11% pay increase. Tawusa indicated that its members were also accepting the deal. - Mail & Guardian website

Bill could see unions paying for damages - 18 June
The Democratic Alliance has submitted a private member's bill to Parliament, aimed at holding trade unions civilly liable for damage or loss suffered as a direct result of union members' strike-related activities. "The . . . bill proposes the insertion of clauses to this effect under sections 67 and 68 of the Labour Relations Act (LRA) of 1995," DA labour spokesperson Mark Lowe said. - IOL website

Municipal Management and Procedure

Beggar by-law 'sacrifices' Cape Town's poor - 21 June
The by-law relating to streets, public places and prevention of nuisances outlaws a number of alleged offences, such as intentionally touching or causing physical contact with another person, or that person's property, without permission. It also criminalises starting or keeping a fire, spitting on an exposed surface or continuing to beg from a person after the person had given a negative response. Many of the organisations, several represented on the Western Cape Street Children's Forum (WCSCF), spoke out against the by-law. - Mail & Guardian website

Municipalities' donations to political party were unlawful : report - 20 June
A report released by the Public Protector today revealed that payments by two Northern Cape municipalities to the African National Congress (ANC) in January, totalling R30 000, were unlawful. Public Protector Lawrence Mushwana has recommended that the municipal councils of Tsantsabane and Mier in the Northern Cape explore the possibility of instituting disciplinary actions against their chief financial officers (CFOs) following this mismanagement of funds. - BuaNews Online website

Safety and Security

Nqakula ordered to fork out millions - 22 June
Courts have ordered Safety and Security Minister Charles Nqakula to pay out more than R47-million in compensation and damages since 2004. Responding in writing to a question from the Democratic Alliance in parliament, Nqakula said more than R32,7-million was paid out in the 2004/2005 financial year and a further R15,2-million in 2005/06. - IOL website

Sport and Recreation

Ticket scandal 'embarrassing' - 18 June
Fifa admitted on Sunday that it was deeply embarrassed by the admission that one of its top officials had sold tickets for a World Cup match involving England for three times their face value. Ismail Bhamjee, a Botswanan member of the powerful 25-member FIFA Executive Committee, said he had sold 12 Category One tickets for last Thursday's England v Trinidad and Tobago match for €300 each. They had a face value of €100. - News24 website

Van Rooyen found guilty on six charges - 16 June
Former South African rugby boss Brian van Rooyen has been barred from serving in any capacity on the general council or committees of the South African Rugby Union (Saru). Saru said on Thursday that Judge Joos Hefer imposed this penalty after finding Van Rooyen had contravened the union's code of conduct on six of 11 charges brought against him. - IOL website

Taxation Laws

Foreign clothing donors baffled by red tape - 23 June
A number of foreign donors claim that South African government authorities have frustrated their efforts to donate "goods in kind" to people affected by HIV and Aids - in certain cases requiring 50 permits and up to R50 000 before they release donated goods. - IOL website

New guidelines for secondary tax - 22 June
The South African Revenue Service (SARS) has released new guidelines to help companies and shareholders understand the law on secondary tax on companies. - Business Day website

see Amendments to Schedule no.4 to avoid double taxation on excisable goods on the SARS website

Trade and Industry

Clothing and Textiles

China promises restrictions on textile exports to SA - 24 June
Chinese Premier Wen Jiabao said his government would restrict textile exports to South Africa, removing a key stumbling bloc in relations with Africa’s economic powerhouse. - Citizen website

China's export cuts to benefit SA - 23 June
China's promised cuts in textile exports to South Africa are expected to benefit the local clothing and textile sector, which has been unable to match production and profits garnered by the cheap imports. - BuaNews Online website

SA's tattered rag trade gears for revival - 23 June
About 50 000 axed clothing and textile workers could be re-absorbed into the industry, thanks to the agreement the government is about to conclude with its Chinese counterpart. - IOL website

Clothing workers welcome SA-China pact - 22 June
Clothing workers have hailed an understanding reached between South Africa and China on textile imports as a chance to rebuild the local industry. - IOL website

Jury still out on costs and benefits of trade deal with China, amid fears of severe job losses - 22 June
A free trade agreement with China would have a drastically negative effect on the clothing and footwear sectors in SA -- but the overall economic effect would be positive, says one of the first of a series of studies. - allAfrica website

China pledges to 'not destroy' rag trade - 22 June
China has promised not to destroy South Africa's textile industry, saying it is to help develop the ailing sector that has lost an estimated 25 000 jobs in the past two years. - IOL website

China premier steps up Africa charm offensive - 22 June
Chinese Premier Wen Jiabao stepped up his African charm offensive on Thursday, promising to use Beijing's political and economic muscle to help unlock the potential of the resource-rich continent. China, hungry for Africa's vast mineral and oil resources to fuel its booming economy, has ramped up trade with the continent and secured a series of agreements this week to boost relations. - Reuters website

China and South Africa sign textile trade deal - 22 June
China and South Africa have signed a bilateral trade pact on textiles to cushion the impact of Chinese textile imports. - China Knowledge website

Mbeki and Jiabao fail to reach textile deal - 21 June
China expressed willingness on Wednesday to restrict its textile exports to South Africa, but no firm deal was on the table at the conclusion of talks between Chinese Premier Wen Jiabao and President Thabo Mbeki. - IOL website

China's import restrictions to SA a pie in the sky - 21 June
Ibrahim Patel, the general-secretary of the South African Clothing and Textile Workers Union (Sactwu), says China's decision to restrict clothing imports to South Africa does not solve long-term problems in the textile manufacturing industry. - SABC News website

Chinese premier's visit tests textile strains in South Africa - 18 June
South Africa's trade relations with juggernaut China will be put to the test this week when Premier Wen Jiabao jets into Cape Town for talks centred around China's mighty textile industry. - Today Online website


Africa

Sierra Leone

UN agrees Taylor trial transfer - 16 June
The United Nations Security Council has unanimously agreed to allow the transfer of the trial of Liberia's ex-leader Charles Taylor to The Hague. He is currently in prison at a UN-backed tribunal in Sierra Leone, where he is accused of backing rebels notorious for mutilating civilians. - BBC News website

Somalia

Journalist shot dead in Somalia - 23 June
A Scandinavian journalist was shot and killed on Friday in the Somali capital while attending a demonstration organised by Islamic courts that seized Mogadishu this month. Witnesses said the shooting appeared to have been linked the publication by a Danish newspaper last year of cartoons of the Prophet Mohammed that enraged many in the Muslim world, including Somalia. - News24 website


Asia

China

Corruption scandal hits Beijing Olympics - 24 June
Beijing's preparations for the 2008 Olympics were plunged into turmoil yesterday as a corruption scandal threatened to engulf plans for the construction of venues for the Games. President Hu Jintao was reported to have taken personal charge of the corruption probe after a third senior official was called in for questioning. - Telegraph website


Middle East

Iraq

Saddam Hussein Trial

Saddam 'should get death' - 19 June
The prosecutor in the Saddam Hussein trial has asked for the death penalty against the former Iraqi leader and two of his top co-defendants.
- News24 website

Israel

Woman has road painted in bid to avoid fine - 23 June
An Israeli woman who was caught by a police officer crossing a straight white line on a road in northern Israel, found a creative way to avoid a fine. Two hours after she was caught the woman sent a friend to the spot, who began painting black gaps in the line on the middle of the road. Unfortunately for the woman and her friend, the officer was still on undercover duty at the same location and arrested the suspect. - IOL website


United Kingdom

Criminal Justice System

Victims' families 'must have say' - 24 June
The families of murder or manslaughter victims must have more of a voice in court, the lord chancellor has said. - BBC News website

Judges break silence on sentences - 18 June
Council of Circuit Judges secretary Keith Cutler said colleagues were "pretty low" after mounting criticism over sentencing of serious offenders. One newspaper called for judges to be sacked if sentences were too lenient. - BBC News website

Family Law

Wives offered 'divorce loans' for court costs - 18 June
Private banks are queuing up to offer "divorce loans" to help women with the costs of splitting from their husbands. In return, they hope to be able to manage the woman's assets once her divorce settlement comes through. - Times Online website

Family Law Protocol
http://www.familylawweek.co.uk/library.asp?i=2146

Health

Salmonella scare hits Cadbury's chocolate - 24 June
Cadbury was forced to withdraw a million chocolate bars yesterday over fears that they could be contaminated with salmonella. The recall, one of the biggest in the company's history, was ordered after dirty water leaked from a pipe and splashed on to a conveyor belt at a factory in Herefordshire. - Telegraph website

No smoking - even outside the office - 21 June
People could soon be banned from smoking outside offices and pubs in an extension of the drive to improve public health. - Telegraph website

Human Rights

Cardinal urges abortion rethink - 21 June
The head of the Catholic Church in England and Wales has reopened the abortion debate by urging the government to change the law. Cardinal Cormac Murphy-O'Connor has called on ministers to lower the 24-week abortion limit. - BBC News website

No.10 admits Megan's Law problems - 19 June
Downing Street says there are "genuine difficulties" in allowing the public to have more information about the whereabouts of paedophiles. The admission follows a warning to John Reid against rushing to introduce a version of the Megan's Law system that deals with child sex offenders. - BBC News website

UK's good-manners law 'going a bit too far' - 17 June
Prime Minister Tony Blair introduced court powers called Anti-Social Behaviour Orders (ASBOs) in 1999 as part of a range of measures designed to ban problem behaviour such as excessive noise, drunkenness, bad language and graffiti. They have since become a cultural phenomenon. - IOL website

Insurance

Insurance firm cancels £1m virgin birth policy - 23 June
Insurance policy small print would call it an act of God when three chaste sisters from Inverness took out a policy to cover them in the event of a virgin birth. The policy, worth £1m, would pay for the costs of bringing up the child if one of the sisters was to conceive immaculately. The burden of proof that any baby they bore was Christ had rested with the women, according to the insurance company. The company which provided the policy decided to withdraw their cover after receiving complaints that it was in poor taste. - The Herald website

Taxation Law

UK Law Society welcomes trust tax changes, but concerns remain - 16 June
Commenting last week on the UK government's decision to execute a U-turn with regard to the taxation of trusts, following controversial proposals announced in the Finance Bill earlier this year, Kevin Martin, Law Society president, stated that : "The government has moved a long way from its original proposals and that is very good news. Solicitors will welcome the fact that many millions of their clients will not now have to go through the expense and trouble of having their will reviewed. We are particularly pleased that spouse exemption will no longer be lost, something of concern to those in second marriages and those who wish to comply with Sharia law. The government is also taking a much more sensible line on will trusts vesting assets to children between the ages of 18 and 25". - Tax News website


United States

Google US Government Search portal : http://www.google.com/ig/usgov

About this service : http://www.google.com/help/about_usgovernmentsearch.html

Courts

Court says SEC lacks authority on hedge funds - 24 June
A federal appeals court ruled yesterday that the Securities and Exchange Commission lacks the authority to regulate hedge funds, dealing a possibly fatal blow to the commission's efforts to oversee a rapidly growing industry that now has $1.1 trillion in assets. - New York Times website

Court limits protection against improper entry - 15 June
Evidence found by police officers who enter a home to execute a search warrant without first following the requirement to "knock and announce" can be used at trial despite that constitutional violation, the Supreme Court ruled on Thursday. The 5-to-4 decision left uncertain the value of the "knock-and-announce" rule, which dates to 13th-century England as protection against illegal entry by the police into private homes. - New York Times website

Cyberlaw

House panel OKs global rules for US Net firms - 22 June
A congressional bill that would impose strict new obligations on American tech companies doing business with "Internet-restricting countries" like China cleared its first hurdle to becoming law on Thursday. - CNet News website

The Stored Communication Act : new considerations for webmasters - 6 June
CIOs, webmasters and managers responsible for establishing and administering policies for websites, intranets and extranets should take note of a recent federal decision regarding the Stored Communications Act. The details of your online use policies could mean the difference between protection or exclusion from this federal law. - FindLaw website

Labour Issues

Pay gap shocker - 23 June
US corporate chief executives were paid on average 262 times the salary of an average worker last year, an imbalance near an all-time high, according to a study released this week. - Fin24 website

Some H-1B workers underpaid, federal auditors say - 23 June
More than 3 200 petitions for the H-1B visa workers much used by technology companies have gained approval even though the employers involved didn't commit to paying wages at the prevailing rate, government auditors have reported. Those certifications represented far less than 1 percent of the approximately 960 000 H-1B applications approved by the US Department of Labor between 2002 and 2005, according to a 20-page report released Thursday by the Government Accountability Office (GAO). - CNet News website

Supreme Court gives employees broader protection against retaliation in workplace - 23 June
The Supreme Court substantially enhanced legal protection against retaliation for employees who complain about discrimination or harassment on the job, in a ruling on Thursday. - New York Times website

Sex discrimination on trial - 21 June
Exposure to liability through sexual harassment litigation remains a significant challenge for the business community, particularly foreign companies and financial services firms. Firms that do not adopt strategies designed to minimize the likelihood of successful "retaliation" claims, after an initial complaint, are the most vulnerable. The US system for pursuing legal claims of sex discrimination is complex and includes private and public elements. - Forbes website


Miscellaneous E-Things

Microsoft to publish its privacy rules - 24 June
Microsoft plans in August to publicly release the privacy rules its employees have to follow when developing products. The move, which offers a look behind the scenes at Microsoft, is meant to give the industry an example of what the software giant sees as best practices in customer privacy, said Peter Cullen, the chief privacy strategist at Microsoft. - CNet News website

Police blotter : husband spies on wife's computer - 16 June
What : Reports of home computer wiretapping surface in tempestuous New Jersey divorce case
When : Superior Court of New Jersey ruled June 8
Outcome : Wife succeeds in raising her share of the settlement in a divorce case
What happened according to court documents : . . .
CNet News website

Jeffrey Archer wins JeffreyArcher.com - 15 June
Politician, novelist, lord and perjurer Jeffrey Archer has won his namesake dotcom - JeffreyArcher.com. The controversial Tory peer took legendary cybersquatter Jeff Burgar to WIPO on 5 April, a single panellist was appointed on 18 May, and the decision made on 1 June after Burgar failed to respond to the complaint. Burgar was found to have registered and used the domain in bad faith - redirecting it to his Celebrity1000.com website - as well as having no connected to the great man himself. - The Register website

Net Neutrality

Senate panel proposes Net user 'bill of rights' - 19 June
The latest Net neutrality provisions in a mammoth Senate communications bill stopped short of giving Internet companies and consumer advocacy groups all the assurances they've requested. - CNet News website


E-Tips

Virus Alerts

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

Vacancies

Conveyancer
Fawzia Khan & Associates

Our offices are looking for a Conveyancer, preferably with 3-5 years of experience.

Contact
Email :
fawzkhan@mweb.co.za
Phone : 031-5025670


Last Thought

Being happy doesn't mean everything's perfect.
It means you've decided to see beyond the imperfections.

Source : Lucky


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)

Our librarians try to ensure that information provided is accurate and up-todate but the KZNLS does not accept liability in the event of any error or inconsistency.
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