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

Issue no.29 - 4 August 2006                    

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

Rare cloud formation seen in Antarctica
1 August 2006 - physorg website

Contents
News
KwaZulu-Natal Law Society. Practice Support workshops
Government Gazette Update
Acts
Proclamations
Regulations and Draft Regulations
KwaZulu-Natal Provincial Gazette
Recent Journal Articles of Interest
De Rebus
South African Journal of Human Rights
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
Weblog - http://knowgozone.blogspot.com

News

KwaZulu-Natal Law Society. Practice Support workshops
Workshop 1/2006
Introduction to estates and wills
2 September 2006
Durban
Presenter : Mr Jay Pundit, Jay Pundit & Co
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

Workshop 2/2006
Principles of employment law
9 September 2006
Durban
Presenter : Mr Richard Haslop, Woodhead, Bigby & Irving Inc
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

Workshop 3/2006
Introduction to estates and wills
9 September 2006
Pietermaritzburg
Presenter : Mr Jay Pundit, Jay Pundit & Co
Venue : KZNLS, 1st Floor, 200 Hoosen Haffejee (formerly Berg) Street, Pietermaritzburg

Workshop 4/2006
High Court practice and court etiquette
16 September 2006
Durban
Presenter : Judge Greg Kruger
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

Workshop 5/2006
Financial instruments and risk management
30 September 2006
Durban
Presenter : Mr Ebi Moolla, Ebi Moolla & Singh
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

This is an entry level course for practitioners who are instructed to deal in or advise on financial instruments in the course of legal disputes and or liquidation and administration of deceased or insolvent estates. Absence of a working or entry level knowledge of this specialised area of practice can constitute a significant risk to the practice.

The course will cover a basic overview of the different types of financial instruments including ordinary shares and a basic overview of the different kinds of preference shares, Authorised and Issued share capital, valuation of the shares both listed and unlisted, acquisition and disposal of listed instruments on the JSE, bonds and money market instruments, call and put warrants and many other areas associated with the financial markets of South Africa and Altex, the Alternative Junior Listing Board of the JSE.

Workshop 6/2006
Principles of commercial contracts
7 October 2006
Durban
Presenter : Mr Nike Pillay, Garlicke & Bousfield Inc
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

Workshop 7/2006
RAF
14 October 2006
Durban
Presenter : Mr V S Rajah, V S Rajah, S Pillay Inc
Venue : KZNLS Durban Law Library Conference Centre, 11th Floor, Salmon Grove Chambers, 407 Smith Street, Durban

Workshop 8/2006
Provincial and local government law
28 October 2006
Pietermaritzburg
Presenter : Mr Matthew Francis, Venn Nemeth & Hart Inc
Venue : KZNLS, 1st Floor, 200 Hoosen Haffejee (formerly Berg) Street, Pietermaritzburg

Cost

R80.00 per Practice Support Workshop
The KZNLS reserves the right to cancel a seminar should the number of delegates not justify the costs involved.

Time for all workshops

09:00 - 11:30

Closing date

13:00 on the Friday afternoon prior to the workshop

Registration

R80.00 per Practice Support Workshop
Tea, coffee and biscuits will be served

Contact

Patty Forbes-Milne
Email :
patty@lawsoc.co.za
Telephone : 033-345 1304
Fax : 033-394 9544
P O Box 1454, Pietermaritzburg 3200
Docex 25, Pietermaritzburg


Government Gazette Update

Acts
Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act 8 of 2006

Commencement date : 30-07-2006
GG 29067/25-07-2006
Amends : Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005 *
GN 748/GG 29067/2507-2006

Sectional Titles Amendment Act 6 of 2006

Commencement date : 25 July 2006
GN 47/GG 29066/25-07-2006
Amends : Sectional Titles Act 95 of 1986 *


Proclamations
Electricity Regulation Act 4 of 2006

Date of commencement : 1 August 2006
except section 46 : 1 December 2004
PR 30/GG 29057/21-07-2006
Amends :
Electricity Act 41 of 1987
KwaZulu and Natal Joint Services Act 84 of 1990
National Energy Regulator Act 40 of 2004 *


Regulations and Draft Regulations
Control of Access to Public Premises and Vehicles Act 53 of 1985

Determination in terms of s.2(2)(g) : all premises and vehicles under the control of the South African Police Services
GNR 735/GG 29051/28-07-2006

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Regulations : Food for infants, young children and children : Amendment
GNR 734/GG 29051/28-07-2006

Regulations relating to all bottled waters
GNR 718/GG 29051/28-07-2006

Health Professions Act 56 of 1974

Regulations relating to the Qualifications for Registration of Physiotherapy Technicians
GNR 724/GG 29061/26-07-2006

Labour Relations Act 66 of 1995

National Bargaining Council for the Road Freight Industry : Extension of Amendment of Main Collective Agreement to Non-Parties
GNR 715/GG 29051/28-07-2006

Draft Regulations

Income Tax Act 59 of 1962

Draft regulations issued under section 91A of the Income Tax Act 58 of 1962, prescribing the circumstances under which the Commissioner may write-off or waive any amount of tax, duty levy charge, interest, penalty or other amount
For comment on of before 25 August 2006
GenN 1044/ GG 29092/31-07-2006 *


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

* Source : OSALL (Marina)


Recent Journal Articles of Interest

De Rebus - http://www.derebus.org.za/ *
Legal Services Charter could fall flat without effective consultation and engagement with profession
Editorial
DR - 2006 July, p.2
Letters to the Editor
Intimidatory letters of demand : action and reaction
Frans van der Merwe, Director, KZN Law Society
Adrian Watermeyer

Rates clearances

Progress report
Frank Botha

City replies to letter
Adel Kay, Legal Manager, City of Johannesburg : Revenue Department

Profession silent on judicial Bills?
Louis van Zyl

Do away with 'colonial' forms of address
Ravie Govender

DR - 2006 July, p.3

News
LSSA Manco discusses issues of 'common commitment to the Constitution' with Chief Justice
DR - 2006 July, p.7
Gauntlett heads international advocates' group
DR - 2006 July, p.8
New LSSA CEO seeks to promote contact with and assistance to practitioners
DR - 2006 July, p.9
Keyphrase : Raj Daya
Black Conveyancers Association flexes its muscles
DR - 2006 July, p.10
IBA releases first International Criminal Court Outreach Report
DR - 2006 July, p.11
Advocates Group 21 promotes its transformation initiatives
DR - 2006 July, p.11
The gap group : pro bono should fill the legal access gap for the group falling between the very rich and the very poor
Richard Rosenthal
DR - 2006 July, p.12
Co-operation between law firm and provincial government results in free advice for small business
DR - 2006 July, p.13
People and practices
DR - 2006 July, p.15
Stalking the sleeping lion : a discussion of the intricacies in handling the litigation relating to the action against Disney Enterprises regarding royalties for the late Solomon Lina's song Mbube
Owen Dea
DR - 2006 July, p.16
LEAD : living its mission
Nic Swart
DR - 2006 July, p.23
Short-term insurance ombudsman can help. Practice note
Helm van Zijl
DR - 2006 July, p.27
The Law Reports
Heinrich Schulze
DR - 2006 July, p.29
Keyphrases :
ABSA Bank Ltd v Davidson 2000(1) SA 1117(SCA)
ABSA Bank Ltd v Fraser and Another [2006[2 All SA 1(SCA)
Affordable Medicines Trust and Others v Minister of Health and Others 2006(3) SA 247(CC)
Bilsbury v Standard Bank of SA Ltd (Stannic Division) 2006(3) SA 60(EC)
Buffalo City Municipality v Gauss and Another [2006]2 All SA 11(SCA)
Chemical Specialities (Pty) Ltd v South African Eagle Insurance Company Ltd and Another [2006]2 All SA 138(D)
Diko and Others v Nobongoza and Others 2006(3) SA 126(C)
Director of Public Prosecutions (Western Cape) v Midi Television (Pty) Ltd trading as E TV 2006(3) SA 92(C)
General Accident, Fire & Life Assurance Corporation, Ltd v Midland Bak Ltd [194]2 KB 388
Geyser NO and Others v Telkom SA Ltd [2006]2 All SA 148(T)
Gore NO v McCarthy Ltd 2006(3) SA 229(C)
Inventive Labour Structuring (Pty) Ltd v Corfe 2006(3) SA 107(SCA)
Mackay v Fey NO and Another 2006(3) SA 182(SCA)
Max v Independent Democrats and Others 2006(3) SA 112(C)
National Director of Public Prosecutions v Parker 2006(3) SA 198(SCA)
Sealed Africa (Pty) Ltd v Kelly and Another 2006(3) SA 65(W)
Steenkamp NO v Provincial Tender Board, Eastern Cape 2006(3) SA 151(SCA)
Trustees, Two Oceans Aquarium Trust v Kantey & Templer (Pty) Ltd 2006(3) SA 138(SCA)
Zondi v MEC for Traditional and Local Government Affairs and Others 2005(3) SA 589(CC)
Zondi v MEC, Traditional and Local Government Affairs and Others 2006(3) SA 1 (CC)
Pre-litigation discovery : Unitas Hospital v Van Wyk : the meaning of 'requierd in s.50(1) of the Promotion of Access to Information Act 2 of 2000
Maria Wilson
DR - 2006 July, p.37
New legislation
Pieter Stassen and Koos Stassen
DR - 2006 July, p.41
Keyphrase :
Environmental Impact Assessment Regulations
The perils of personal service companies. Tax law
Barry Ger

DR - 2006 July, p.45
Employing foreign nationals as candidate attorneys. Immigration Law Update
Chris Watters
DR - 2006 July, p.47
Town planning : Gauteng rezoning applications
Sanet van Breda
DR - 2006 July, p.49
Retrenchments : the appeal in United National Breweries (SA) Ltd v Khanyesa and Others [2006]4 BLLR 321(LAC) concerns the interpretation of s.189(1) of the Labour Relations Act 66 of 1995(LRA). Employment law
Talita Laubscher
DR - 2006 July, p.52
The abuse of dominance. Competition law
Paul Coetser
DR - 2006 July, p.53
Keyphrase :
Competition Act 89 of 1998. S.8
New environmental impact assessment regulations. Environmental law
Terry Winstanley
DR - 2006 July, p.55

South African Journal of Human Rights *
'A delicate balance' : the place of the judiciary in a constitutional democracy : the separation of powers in the South African Constitution
Pius N Langa
SAJHR - 2006, v.22(1), p.2
The separation of powers : an American perspective
M H Marshall
SAJHR - 2006, v.22(1), p.21
Judicial review in a time of terrorism : business as usual
Michael Kirby
SAJHR - 2006, v.22(1), p.21
Freedom of expression and the regulation of broadcasting : a consideration whether the statutory regulation of broadcasting infringes the right to freedom of expression in the South African Constitution
D M Pretorius
SAJHR - 2006, v.22(1), p.47
The long march to binding obligations of transnational corporations in international human rights : states are no longer the sole source of human rights violations
D M Chirwa
SAJHR - 2006, v.22(1), p.76
Is primogeniture extinct like the Dodo or is there any prospect of it rising from the ashes? : comments on the evolution of customary succession laws in South Africa
Christa Rautenbach, Willemien du Plessis and Gerrit Pienaar
SAJHR - 2006, v.22(1), p.99
How to tell a take-off form a rip-off
Thea Illsley
SAJHR - 2006, v.22(1), p.119
Judicial  independence and the  Constitution Fourteenth Amendment Bill : a consideration of the constitutional and legal issues surrounding the Constituton Amendment Bill
Catherine Albertyn
SAJHR - 2006, v.22(1), p.126

News on the Electronic Front

Recent Judgments Available on the Internet

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

3 August 2006
CCT 62/05
Dikoko v Mokhatla

Judge Sachs calls for rethink on defamation law - 4 August
Constitutional Court Judge Albie Sachs has called for a shift in the law of defamation from the present pre-occupation with monetary awards towards one which encourages apology. In a judgment handed down yesterday, Sachs said damage awards measured human dignity, reputation and honour as if these were "marketplace commodities" when the greatest prize would be to walk away, head high, knowing that even the defamer had acknowledged the injustice of the slur. His comments came in the wake of a ruling by the court which, he said, illustrated the limitations of compensating an injury to a person's good name with a monetary award. - The Mercury website

Refugees in SA fight discrimination - 3 August
In the first case of its kind in the world, refugees from across Africa have approached the Constitutional Court to help them gain access to the private security industry. But the matter before the court is about more than just refugees who want to be security guards. "To my knowledge, before the court was approached, no other court, either in South Africa or any other jurisdiction in the world, have explicitly recognised refugee status as a prohibited ground of discrimination," Lawyers for Human Rights attorney Fritz Gaerdes said in papers before court. - Business Report 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

Shaik pleads poverty - 4 August
Schabir Shaik, the Durban businessman convicted of having a corrupt relationship with sacked deputy president Jacob Zuma, is running out of money, it seems. With just two weeks to go until his appeal against his corruption and fraud convictions and 15-year prison sentence begins in Bloemfontein's Supreme Court of Appeals, the once-wealthy businessman does not have the cash to pay his lawyers, according to documents filed with the Durban High Court. - IOL website

Shaik's team portrays Zuma as innocent
In a series of submissions before the Supreme Court of Appeal, Schabir Shaik's legal team has sought to portray Jacob Zuma as innocent of the corruption for which he has been charged. And they have hinted that Shaik tricked Zuma into meeting with Alain Thetard, then a representative of French arms company Thint. Shaik's appeal will be heard between August 21 and 25. - IOL website

State slows down Shaik appeal - 1 August
The State had not filed all its papers at the Supreme Court of Appeal in Bloemfontein on Tuesday in connection with Durban businessman Schabir Shaik's appeal against the forfeiture of his assets. - News24 website

TV cameras permitted for Shaik hearing - 1 August
Television news groups have received the go-ahead from the Supreme Court of Appeal (SCA) in Bloemfontein to capture court footage during the upcoming appeal hearing of Schabir Shaik. The SCA has scheduled five days for the Shaik hearing during its third term, which starts on August 15. It will take place during the second week, August 21 to 25. - SABC News 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

28 July 2006
A57/2006
Regent Insurance Company v DMJ Transport
This is an appeal against part of the order granted by our learned colleague, Moosa J, in an action brought by the respondent, as plaintiff, against the appellant, as defendant. Moosa J dismissed an application for leave to appeal. On petition by the appellant, however, the Supreme Court of Appeal granted it leave to appeal to this court. The action arose from an accident, on the N2 national highway in the Eastern Cape, involving a bus which was insured by the appellant in terms of a written insurance agreement. As a result of the accident a significant number of people, including the driver and co-driver, were killed and a great many injured. The bus was damaged beyond repair and was towed to East London where it was subjected to examination with a view to establishing the cause of the accident. The respondent subsequently claimed damages from the appellant in the amount of R890 616,90. The appellant repudiated the claim on a number of bases, only two of which remain in issue. These issues arise from exclusionary clauses in the insurance agreement. The first is that the number of passengers in the bus at the time of the accident exceeded the capacity for which the bus was constructed or licensed to carry, alternatively exceeded the number of seats specified in the schedule to the agreement. The second is that, at the time of the accident, the bus was not roadworthy in that the brake linings of the left rear drive axle were excessively worn

Inquiry to be launched into Cronje's death - 4 August
Four years after South Africa's former cricket captain Hansie Cronje died in a plane crash, an official inquiry will be launched in Cape High Court on Monday. The inquest will also deal with the deaths of pilot Willie Meyer and co-pilot Ian Noakes. - The Hindu website

Mechanic gets R650 000 after accident - 4 August
A 29-year-old Green Point motor mechanic is to receive R650 000 from a forklift services business in settlement of an action he instituted against it after he was involved in an accident in one of the business's vehicles. Jean Paul Ricketts sustained injuries to his head, neck, legs and mouth and was unconscious for weeks after the accident. His initial claim was for R2 045-million but the matter was settled for R650 000 on Tuesday. - IOL website

Farm liable for girl's loss of leg - 3 August
Six years after losing her leg falling off a trailer on Daytona Stud Farm in Ceres, Waronice van Wyk has won her battle with the farm after the Cape High Court found it was negligent and should be held liable for her injuries. The court also dismissed the special plea in which the farm claimed Waronice could not recover damages from it because she was an employee and her injury was an occupational one. She was 11 years old when she was injured in December 1999. - IOL website

Ministers negligent after child loses finger - 3 August
The Cape High Court has ruled that the Ministers of Public Works and Justice acted negligently in failing to ensure that the X-ray machine at the Wynberg Court, which scans handbags, did not pose a danger to members of the public. The two ministers now have to pay a Mitchell's Plain mother the amount of damages incurred when her son, who was three at the time, severely injured his hand after it became lodged in the machine, resulting in the amputation of one of his fingers and two fingertips. - IOL website

S African lawmakers' graft case postponed - 31 July
South Africa's Cape High Court on Monday agreed to a defence request to postpone the corruption trial of 23 former and sitting lawmakers, one of the country's most high profile graft cases. - Reuters website

Parliament report 'censored' - 3 February
MPs owe Parliament at least R8-million, according to figures relating to the Travelgate scandal and expunged from the legislature's annual report. - Mail & Guardian 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

Singh's prosecution bid fails - 4 August
Pietermaritzburg Magistrate Ashin Singh's attempt to launch a private prosecution against former national director of public prosecutions Bulelani Ngcuka, KZN Scorpions head Clifford Marion and other senior officials from the National Prosecuting Authority, including Billy Downer - who prosecuted Schabir Shaik - has failed. - IOL website


Zuma Case

4 August

Presidency may help to finance Zuma's defence
The Presidency is considering a request from Jacob Zuma for financial assistance in his corruption trial. Chief operations officer Trevor Fowler yesterday said the matter was being discussed by lawyers. - Dispatch Online website

Legally lush, factually sparse
Jacob Zuma has finally unveiled his conspiracy claims and, after all the hype, the evidence he presents is surprisingly insubstantial. - Mail & Guardian website

3 August

Clarification of the position regarding funding of the former Deputy President
SA Government Information website

Mbeki sees no need for court appearance
While top presidential aides remain mum about President Thabo Mbeki being dragged into the Jacob Zuma corruption trial, the president is on record as saying he does not see the need to be called as a witness. He has also questioned the damage it may do to the institution of the office of the president if the head of state was dragged into court. - IOL website

NPA explains porn mystery
NPA spokesperson Makhosini Nkosi said on Wednesday that the pornography was contained in hard drives seized by the Scorpions in raids on various premises in 2001. "The defence can choose to shut down the porn. We gave them what we had, and if they got porn and viruses, so did we," said Nkosi. More than 15 images of copulating men and women were reportedly found on the hard drive, but the NPA would have been exposed to the same material that had apparently traumatised lawyers for Zuma and Thint. Zuma's lawyer, Michael Hulley, described his unease about being sent the pornographic files. "I didn't even know sites like that were available on the Internet," he was quoted as saying. - IOL website

2 August

Lawyers say Zuma case a human rights issue
It has been six years since the state started investigating former deputy president Jacob Zuma's involvement in the multibillion-rand arms deal. Now his legal team says enough is enough as it challenges the National Prosecuting Authority's bid to secure a further postponement of the trial. - Business Day website

Zuma's legal fees may exceed R12m
The board of the Friends of Jacob Zuma Trust would be meeting in Durban on Thursday to discuss fund-raising efforts, fund chairperson Don Mkhwanazi said on Tuesday. - IOL website

1 August

Mbeki best person to ask about arms deal : Zuma
Jacob Zuma, the ANC deputy president, says President Thabo Mbeki is best suited to explain the processes involved in the awarding of contracts in the arms deal. This has emerged from Zuma's 98-page affidavit filed in the Pietermaritzburg High Court yesterday. - SABC News website

31 July

Postponement due to 'further investigation'
A request for Jacob Zuma's corruption trial to be postponed was merely about further investigations, National Prosecuting Authority spokesperson Makhosini Nkosi said outside the Pietermaritzburg High Court on Monday. - IOL website

Zuma corruption trial postponed
Jacob Zuma's corruption trial was adjourned until September 5 after a short session at the Pietermaritzburg High Court on Monday. Judge Herbert Msimang did not accept state prosecutor Wim Trengove's assertion that it should be postponed till September 7 because colleague Anton Steynberg would be overseas at a conference. - News24 website

Zuma judge no stranger to high-profile cases
Judge Herbert Qediusizi Msimang, presiding over Jacob Zuma's corruption hearing, is no stranger to high-profile court cases. Former colleagues said there was no doubt that he had the ability and credentials required to handle the pressure and intricacies of the case against South Africa's former deputy president. - IOL website

Zuma judge shows who's boss
The judge in the Jacob Zuma trial has shown he could become one of the most controversial aspects of the court case. Judge Herbert Msimang, who postponed the case to September 5, made no secret of the fact that he will cut the legal teams short if he thinks they're wasting his time. He didn't hesitate to get involved in several clashes with the legal teams and demonstrated he's got a sharp, and at times, even sarcastic wit. - News24 website

Zuma corruption trial begins today
The corruption trial of Jacob Zuma, the ANC deputy president, gets under way today in the Pietermaritzburg High Court. There have been reports that lawyers for Zuma and his co-accused, arms company Thint, will ask the court to drop all charges against them. In contrast, the State is likely to ask for a postponement. Large numbers of Zuma supporters are expected outside the court. - SABC News website

Submissions may delay Zuma proceedings
The prosecution team has been kept waiting until the eleventh hour to learn by what means the defence team would attempt to challenge the state's application to postpone the trial of ANC deputy president Jacob Zuma to early next year. - IOL website

Porn found on Zuma computer
In an affidavit handed in to the court on Monday, Zuma claims the State recently provided his legal team with a hard drive containing about four million documents considered ''generally relevant'' to his corruption trial. But Zuma said the drive is full of computer viruses and there is heaps of pornography in the files, ''whose relevance could not yet be determined by the defence''. - News24 website

30 July

Chance of permanent stay 'slim'
Chances are slim that corruption charges against Jacob Zuma will be permanently stayed this week. - News24 website

JZ's strategy revealed
The Sunday Tribune has reliably learned that rather than merely opposing the state's recent request for an adjournment of the trial, the Zuma and Thint defence teams will ask the presiding judge for a "permanent stay" of prosecution. This would be a complete striking off of the charges of corruption and fraud against Zuma and corruption against Thint. - Sunday Tribune website


Transvaal Provincial Division

King's assets must be seized, court hears - 4 August
Entrepreneur Dave King's assets must be seized because they were proceeds of crime, the Pretoria High Court heard yesterday. - Business Day website

Evidence to convict King : counsel - 4 August
The chief prosecutor against alleged international racketeer David King yesterday told the Pretoria High Court they had enough documentary proof to convict King on 15 fraud counts, carrying a possible sentence of at least 325 years' imprisonment. - The Citizen website

Billionaire lied to taxman, says State
David King was one of the wealthiest men in South Africa and the UK, and he had spent millions on properties in South Africa, a Ferrari, antiques, paintings and planes. He made R1-billion profit in the sale of shares. Yet for three years in a row he declared his income to the taxman as being R60 000 a year. - IOL website

King spent R68m on lawyers, state says - 3 August
The state's efforts to jail entrepreneur Dave King on 322 charges of tax fraud and foreign exchange breaches have cost both sides more than R100m so far, with no end in sight to the dispute. Yesterday, prosecutors told the Pretoria High Court that the Scottish-born King had spent R68,8m on lawyers to fight the state since he was first arrested in 2002. - Business Day website

State lashes out as tycoon pleads poverty - 3 August
It is outrageous to say that the State is infringing on the rights of business tycoon David King. He is one of the wealthiest men in South Africa as well as in the United Kingdom and he has funds available to pay for a defence team. This was the argument by John Myburgh SC, who heads the National Prosecuting Authority's team in the criminal trial against King. - IOL website

Prosecutors try to force King trial to proceed - 2 August
Prosecutors yesterday tried to force the criminal trial involving billionaire Dave King to proceed, even though the accused does not have money for his defence. - Business Day website

Tycoon's R1 billion frozen by foreign court - 31 July
South Africa's Asset Forfeiture Unit has secured an order from the Royal Court of Guernsey to freeze about R1-billion belonging to business tycoon Dave King. The Channel Island court granted the order following a request to British law-enforcement agencies by the crime-fighting unit, which is fast earning itself an international reputation for flushing out the proceeds of crime in South Africa and abroad. King faces a variety of charges, including fraud, tax evasion, foreign-exchange contraventions and racketeering. He is out on bail and is scheduled to appear in the Pretoria High Court tomorrow. - allAfrica website

Tycoon charged with 322 offences - 1 August
Business tycoon David King is going on trial on Tuesday in the Pretoria High Court in one of the biggest commercial criminal cases yet in the country, involving more than R2,5-billion. - IOL website

The Dave King saga - 31 July
The SA Revenue Service has a score to settle with businessman Dave King. King, however, says it is really a simple matter and that he would love to settle the dispute. - iAfrica website

Attorney fights to criticise Angloplat - 2 August
Attorney Richard Spoor, who represented claimants in the successful asbestos class action against Gencor, which netted R480m in 2002, was in the Pretoria High Court yesterday to stop Anglo Platinum (Angloplat) placing a gag on him. - Business Day website

Spoor denies defaming Angloplat in land row - 2 August
Richard Spoor, a Nelspruit lawyer acting for Limpopo communities locked in strife with Anglo Platinum (Angloplat) and Potgietersrus platinum mines over their mining activities on tribal land, denied yesterday in the Pretoria high court that he had defamed the mining companies in media statements and articles. - Business Report website

Baring its teeth, Angloplat aims to silence man who dares call it a bully - 31 July
This week, Angloplat has its sights set on the lunch money of human rights attorney Richard Spoor, who has been fighting the world's largest platinum company to get a better deal for communities booted off their land. Remarkably, Angloplat goes to court tomorrow to silence Spoor over his statements that the company is a "bully" and "corporate thug". But this could be a glorious tactical blunder. - allAfrica website

Gautrain faces setback in court - 2 August
Gautrain could face yet another setback if the Pretoria High Court rules that national rather than provincial government should have made the decision on whether or not to approve the R20bn project following an urgent application by a group of residents. A decision for the residents would mean further delay while the project is considered by Environment and Tourism Minister Marthinus van Schalkwyk. - allAfrica website


Special Commercial Crimes Court

Johannesburg

Nine in court in R213m pension case - 2 August
Nine men accused of stealing a staggering R213-million in assets from various pension funds made a brief appearance in the Specialised Commercial Crimes Court in Johannesburg on Tuesday. - IOL website


Witwatersrand Local Division

Husband accused of crossbow murder walks free - 4 August
42-year-old Frank Zanner sobbed, hugged and kissed friends and relatives after the court discharged him on charges of murdering his wife Sybille and employee Samuel Tumisang Segaetso. - IOL website


Magistrates Courts

Alberton

Drug syndicate suspect slams 'nonsense' - 3 August
It's every criminal kingpin's worst nightmare - 7 000kg of cannabis destined for Germany gets stolen by crooked customs officials at a transit point in Holland. So when the "Landlord", who heads one of South Africa's biggest drug smuggling syndicates, receives news of a missing shipment, he orders one of the members to be held hostage for 10 days. - IOL website

Cape Town

Cruel man can't own a dog - 3 August
A man was fined R3 000 for cruelty to animals by Cape Town magistrate's court on Thursday for neglecting his fox terrier which had to be put down. Alternatively, he can spend 12 months in jail. The young building caretaker who lives with his parents in Fresnaye, left the family fox terrier without food for weeks, and failed to have it treated for severe mange and open sores all over its body. The dog was beyond recovery and had to be put down when it was rescued. - News24 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 authorities' work 'compromised' - 31 July
Leading competition lawyer Anthony Norton has criticised competition authorities, saying that a lack of resources is compromising their work. Norton, who heads the competition law department at Webber Wentzel Bowens, said in a recent presentation to the Black Management Forum that while the environment in which the competition bodies were operating was becoming increasingly complex and economic analysis underpinning their work required a high degree of sophistication, they were understaffed and underfunded. - allAfrica website


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

Commission names panel to probe bank charges - 4 August
The Competition Commission on Friday released the names of the panel that will conduct an investigation into banking charges and access to the national payment system. - Business Day website


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

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

4 August 2006
Portfolio Committee committed to ensuring efficient delivery in correctional services after its five-day oversight visit to the Eastern Cape

3 August 2006
Speech by the Deputy Minister of Education, Mr Enver Surty, MP, at the annual meeting of the South African Parastatal and Tertiary Institutions Union (SAPTU), Absa Conference Centre

3 August 2006
Statement of the Monetary Policy Committee

3 August 2006
High skills funding demand threatens small business

1 August 2006
Media briefing on Municipal Performance Management Regulations by Ms Lindiwe Msengana-Ndlela, Director General : Department of Provincial and Local Government (dplg)

1 August 2006
Department of Labour (DoL) versus unions' dispute is over

31 July 2006
Briefing notes of Deputy Minister of Foreign Affairs, Mr Aziz Pahad, to African Union (AU) and African, Caribbean and Pacific States (ACP) ambassadors on the European Commission's proposal to elevate South Africa-European Union relations to a strategic partnership

31 July 2006
Introduction of the Small Business Tax Amnesty

31 July 2006
Farmer may be charged if boy is under-aged

2 August 2006
Year's difference saves farmer from child labour rap

31 July 2006
Address by the Minister of Education, Naledi Pandor, MP, at the language colloquium, Cape Town

31 July 2006
ICD on sentencing of Tongaat police official for alleged murder

30 July 2006
Briefing of the media by President Mbeki on the mid-year Cabinet Lekgotla, Union Buildings


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.

Media Briefing

Justice, Crime Prevention and Security cluster
Pretoria
1 August 2006


Legislation

Health Professions Amendment Bill

Doctors to fight minister of health over law - 1 August
A battle is brewing between the SA Medical Association (Sama) and health minister Manto Tshabalala-Msimang over the proposed Health Professions Amendment Bill, which would give the minister authority to select the members of the Health Professions Council of SA and other professional boards. - Business Report website

'Judiciary' Bills

Transformation debates in the judiciary are vital : Deputy Minister - 2 August
The Deputy Minister of Justice and Constitutional Development, Johnny de Lange, says issues of transformation in the judiciary should be debated to develop consensus within the system. - BuaNews Online website

Judges to be given chance to discuss reforms - 31 July
The legal profession has scored another victory, with President Thabo Mbeki announcing that judges must buy into a new policy on transformation of the judiciary before judicial bills are processed. - IOL website

Marriage Amendment Bill

Gay marriage debate rages on - 3 August
The government does not plan to kick for touch on same sex unions and will meet a December constitutional court deadline for legislation to be adopted on the issue, says Home Affairs Minister Nosiviwe Mapisa-Nqakula. - IOL website

Bill on gay marriage expected soon - 1 August
Deputy Justice Minister Johnny de Lange promised that government would meet the December 2 deadline for a Bill on gay marriages. Last December the Constitutional Court (Concourt) ruled that it was unconstitutional to prevent gay people from enjoying the legal benefits of marriage. It gave Parliament one year to rework laws allowing same sex marriage. - iAfrica website

Regulation of Foreign Military Assistance Act

Parliament rejects UK plea on mercenary bill - 4 August
Parliament's defence committee has rejected a plea from British high commissioner Paul Boateng for South Africans serving in the British armed forces to be exempted from the anti-mercenary bill. This may raise some diplomatic heat. - Business Day website


Useful Links and Items of Interest

Legal Profession

South Africa

National attorneys face investigation - 2 August
A national group of attorneys, which allegedly posts intimidating letters threatening to sell people's properties to settle small debts, is being investigated by the Law Society of South Africa after a series of complaints. - The Herald Online website

Need for free legal services - 31 July
There is a dire and growing need to protect the civil and socioeconomic rights of SA's poor, say legal experts. - Business Day website

United Kingdom

Plan to air dirty linen of lawyers - 4 August
Hundreds of secret disciplinary hearings held each year against English solicitors are expected to go public in a drive to rid the profession of poor standards and dishonesty. At the same time solicitors could face regular competence checks to ensure, in the vogue words of the Home Secretary, that they are "fit for purpose". - The Australian website

Legal Services Bill Joint Committee publishes first report - 31 July
The Joint Committee on the Draft Legal Services Bill has published its first report. The report contains 58 recommendations, one of which criticises the time available to the committee in delivering its report. The committee also highlighted the Government's shift towards the 'consumer' interest and not the public interest which, in the committee's words, 'do not always equate to the same thing'. - Family Law Week website


South Africa

Mbeki reveals anti-corruption plan - 31 July
The police, National Intelligence and the Public Service Commission are to help local government with strategies against corruption, President Thabo Mbeki said. - Sunday Times website

Mbeki criticises departments not up to par - 31 July
Government is set to shake up the moribund public works department and turn it into a "driver" of the R400bn extended public works programme (EPWP) over the next four years. The department, taken over by former land and agriculture minister Thoko Didiza in May, is one of a number of economic cluster departments targeted for an overhaul as government beefs up state capacity in line with Accelerated and Shared Growth Initiative (Asgi-SA) targets. - allAfrica website

Surprises expected after cabinet lekgotla - 30 July
President Thabo Mbeki is likely to have a few surprises up his sleeve when he outlines the outcome of the twice-yearly lekgotla talkshop today. Officials were tight-lipped this week about speculation that Mbeki had plans for "super-ministries", which would consolidate clusters of departments to better co-ordinate government programmes. - IOL website

Auditing

SA auditing body world's best - 3 August
The new Auditing Profession Act has delivered a 'world class' regulator says Kariem Hoosain, CEO of the Independent Regulatory Board for Auditors (IRBA), speaking at the launch of the IRBA. - Fin24 website

2 August 2006
Keynote address at launch of the Independent Regulatory Board for auditors the Hon Trevor A Manuel, MP Minister of Finance, Gallagher Estate, Midrand
SA Government Information website

Fraud a threat to SA - 2 August
During his address at the launch of the Independent Regulatory Board for Auditors (IRBA) on Wednesday, Finance Minister Trevor Manuel highlighted the need for a better life, free of fraud and corruption for men and women and the role a truly independent auditor's board would play in this regard. - Fin24 website

Communications

Good regulation needed for mobile telecoms growth - 31 July
Haddon said that a level playing field for all operators and market players is one of the most important issues for regulatory bodies like ICASA to focus on.  This includes the proper allocation of spectrum and regulatory policies to ensure that market forces will be one of the drivers of the telecoms space. - myadsl website

Correctional Services

Inmates to know if they qualify for parole - 1 August
Criminals convicted for petty crimes will soon know if they qualify for parole or not. The Department of Correctional Services is conducting an audit to determine which inmates qualify for parole this year. An announcement in this regard will be made once the audit has been completed. Last year, more than 18 000 inmates throughout the country were released through sentence remission. - BuaNews Online website

Mass release of SA convicts likely : expert - 31 July
The periodic mass release of South African prisoners will continue for several years because the country is unlikely to "build itself" out of the problem of overcrowded jails. This is according to American sociology and criminal justice researcher Dr Susan Smith-Cunnien, who has been studying the issue of overcrowded prisons and mass prisoner releases in South Africa and the US. - IOL website

Criminal Justice System

Wheels of justice turn quickly for robber - 3 August
Less than two hours after robbing the Checkers Hyper at Gateway Shopping Centre of R500 000 on Monday, 21-year-old Byron King was arrested while sipping a beer at a nearby tavern. And on Wednesday - 48 hours later - the baby-faced robber pleaded guilty before Durban regional court magistrate Moon Lalbahadur and was sentenced to 12 years in prison. - IOL website

Three Durban malls robbed in five hours - 1 August
Three of Durban's biggest shopping malls were hit by armed robbers on Sunday as police rushed to deal with five different cash-in-transit heists and an armed robbery - all in the space of five hours. In several of the incidents criminals fired shots at the scene. In total more than R500 000 was stolen. On Sunday gangs hit major retail centres including La Lucia Mall, Gateway, the Pavilion and the Springfield Value Centre complex. On Sunday armed robbers also held up staff at the Queensmead Mall in Umbilo. - IOL website

Education

Schools language policy comes under the spotlight - 31 July
Education Minister Naledi Pandor has expressed concern over the declining use of Indigenous languages in schools, saying they were increasingly being relegated to the periphery of "our education system". - BuaNews Online website

Language policy 'not off the ground yet' - 31 July
South Africa's language education policy has after nine years not yet been put into effect "convincingly", Education Minister Naledi Pandor said on Monday. "The policy, adopted in 1997 has not been implemented convincingly up to this point," Naledi told a Language Colloquium in Cape Town. - IOL website

Emigration and Immigration

Mbeki on crime, corruption and hosting the World Cup - 30 July
Foreigners with scarce skills will in future find it easier to immigrate to South Africa, President Thabo Mbeki said on Sunday. - Mail & Guardian website
Keyphrase :
National Scarce and Critical Skills List

Medical Schemes

Registrar raps medical schemes over knuckles - 31 July
The Registrar of Medical Schemes expressed concern on Sunday that many schemes had not been providing members with the minimum benefits they were entitled to by law. - IOL website

Minerals and Energy

4 August 2006
Treasury Task Team on discussion document on fiscal regime applicable to windfall profits in South Africa's liquid fuel energy sector : public hearings
SA Government Information website

Human rights abuse tag could cost mining firms - 2 August
The social dimension of sustainable development is challenging mining companies as never before, giving them a chance to burnish their reputations, but potentially saddling them with higher costs. - Business Report website

Municipal Management and Procedure

KZN launches early warning system for municipalities - 2 August
KwaZulu-Natal Local Government MEC, Mike Mabuyakhulu, on Tuesday launched a programme to provide early warning systems regarding financial mismanagement to 61 municipalities. The launch of the Electronic Monitoring and Management Assistance Programme (Essa) comes in the wake of a hard-hitting report by the Auditor-General which pointed out poor financial management in most of the provincial municipalities. - BuaNews Online website

Municipal managers to sign performance agreements - 1 August
Municipal and senior managers will now have to sign performance agreements which will be linked to the municipalities' service delivery levels. The move - which forms part of the Municipal Performance Regulations published in the Government Gazette recently - is also aimed at strengthening administration at local government level. Provincial and Local Government Minister Sydney Mufamadi announced the publication of the regulations Tuesday, saying there would now be an improvement in the way cities and towns were managed. - BuaNews Online website

Pension Funds

A case for class action in retirement fund complaints - 31 July
Since July 2005 the adjudicatorís office has received on average 420 complaints a month. This compares to the average monthly rate of 200 complaints between April 2004 and March 2005 and an average rate of 170 complaints per month between April 2003 and March 2004. In May 2006 alone, 522 complaints flooded in. - Moneyweb website

Public Service

Discipline stepped up against unscrupulous govt employees - 3 August
According to the PSC there has been an increase in the number of criminal proceedings instituted against public servants for having defrauded the government. About 155 public servants were charged with financial misconduct during the 2004/05 financial year, compared to 132 officials in the previous financial year (2003/04). Attributing this to the implementation of the Prevention and Combating of Corrupt Activities Act of 2004, the PSC noted that 77 percent of the employees were found guilty of financial misconduct. Dismissal was imposed on 38 percent of them. - BuaNews Online website

South African Police Service

SA to fight global crime with the world - 1 August
South Africa is to work with other African countries to deal with globalised crime while joining efforts with states beyond the continent that are also mounting similar efforts. Safety and Security Minister Charles Nqakula said police leadership of the Southern African Development Community (SADC) was currently meeting in Lesotho to explore ways of addressing crime in the region and continent. - BuaNews Online website

Police to deal with social causes of crime - 1  August
The South African Police Service would work closely with communities and other government departments to address the social causes of crimes such as rape and murder in order to decrease their incidence, Safety and Security Minister Charles Nqakula said. "The cases, needless to say are very difficult to investigate because of the relationship between victims and perpetrators where levels of intimidation and family pressures are very high. - allAfrica website

see SAPS Media Briefing at http://www.saps.gov.za/_dynamicModules/internetSite/newsBuild.asp?myURL=675

Transport

Regulation of bakkie transport proposed - 2 August
The transport department has proposed legislation to regulate the use of light delivery vehicles, or bakkies, as a means of public transport in rural areas. - Business Day website

Bakkies to share load with minibus industry - 2 August
The troubled minibus taxi industry is soon to be joined by another group of transport operators - those drivers who charge for carrying passengers in their bakkies, or as they are officially known, "light delivery vehicles". - Business Report website

Miscellaneous

Women urged to share knowledge on critical legislation - 2 August
Home Affairs Minister Nosiviwe Mapisa-Nqakula has called on women who are familiar with "critical legislation" to impart their knowledge to other women, so that they can change their lives for the better. Launching Women's Month celebrations at an event organized by the Commission on Gender Equality, Ms Mapisa-Nqakula said the country had passed legislation that could positively impact on women's lives. - BuaNews Online website
Keyphrase :
Domestic workers
Maintenance Act


Africa

Namibia

Child killer Louw found guilty on four charges - 2 August
One of South Africa's best-known criminologists might be able to give the High Court insight into the mind and motives of self-confessed child rapist and killer Willem Louw, if Louw's defence lawyer succeeds with an effort to get an expert pre-sentencing report on his client compiled before Louw returns to court. - allAfrica website

Zimbabwe

'We will welcome deportees with open arms' - 3 August
Zimbabwe said it would welcome failed asylum seekers deported from former colonial ruler Britain with "open arms" on Wednesday and denied they would be persecuted on their return. - IOL website


United Kingdom

Correctional Services

1 200 jail staff may be corrupt, says study - 1 August
More than 1 200 jail staff may be corrupt, with hundreds involved in "inappropriate relationships" with inmates, according to a study of the prison service by police and senior officials. The report, which was leaked yesterday and follows a year-long probe, concludes that most of the 45,000 prison officers and civilian back-up staff in prisons in England and Wales are honest, but that a significant minority is involved in corrupt practices. - Telegraph website

Cyberlaw

UK firms 'abuse staff Human Rights' by checking their email - 2 August
Nearly half of large of UK companies could be abusing their staff's Human Rights because they snoop on their email. In its annual investigation into email practices, messaging security provider Proofpoint Inc found that 38% of large UK companies employ a "corporate snoop" to read employee email and over 60% perform regular audits of outbound email. - IC Wales website

Emigration and Immigration

Pastor who imported slave labour from South Africa is jailed for three months - 2 August
A banker who set up his own evangelical church asked his congregation to pray for a miracle on the day he was imprisoned for illegally importing slave labour to renovate his luxury home on the Isle of Man. Pastor Pieter Van Rooyen, 46, head of the Life Church Worldwide, protested his innocence at the islandís court, insisting that he had been an unwitting victim. Van Rooyen, from South Africa, had admitted at an earlier hearing to helping to breach the Immigration Act by giving five South African workers a fake letter of invitation to the Isle of Man. - Times Online website

Health

Hospital fined for treating too many patients - 2 August
An NHS hospital has been penalised for treating its patients too quickly - losing nearly £2.5 million, the cost of the care it provided outside an agreed contract. Ipswich Hospital NHS Trust, which finished the year £16.7 million in the red, had been doing so well with waiting list targets that in one department patients were waiting only a week to see a consultant. - Telegraph website

Labour

Too old to work? - 1 August
Employers have exactly two months to review their employment contracts, policies and procedures before the introduction of age discrimination laws, warns Richard Linskell, employment partner at Dawsons Solicitors. - Online Recruitment website

City secretary driven to breakdown by bullies gets £800 000 - 2 August
A former secretary has won more than £800 000 damages from Deutsche Bank after a High Court judge ruled that her City employers failed to protect her from "spiteful" colleagues who drove her to a nervous breakdown. Helen Green, 36, was tormented by a gang of four women in the "department from hell" and by a domineering male colleague who saw her as a rival. - Telegraph website

Miscellaneous

Insolvencies show sharp increase - 4 August
A record 26 000 people became insolvent in England and Wales during the second quarter of 2006 - 66% more than in the same period last year. - BBC News website


United States

Anti-Terrorism

9-11

United States v Zacarias Moussaoui Criminal No.01-455-A
Trial exhibits

United States District Court Eastern District of Virginia website

Cyberlaw

Email privacy in the workplace - 2 August
Even with a well-heeled corporate privacy policy stating that all employee communications may be monitored in the workplace, the legality of email monitoring is not as clear cut as one might think. - The Register website

Emigration and Immigration

Study finds disparities in judges' asylum rulings - 30 July
An examination of thousands of immigration cases has found wide disparities in the rate at which judges grant asylum to people seeking haven in the United States, according to a study released Sunday by a private research group. - New York Times website

Internal Affairs

Prisoners and human rights - 30 July
The United States has the worst record in the free world when it comes to stripping convicted felons of the right to vote. In contrast, most European countries hold that right so dear that they bring ballot boxes into prisons. - New York Times website


Miscellaneous E-Things

Wi-Fi for the building? Depends on the landlord - 2 August
Even in a business world where executives are increasingly mobile and working on laptops, most landlords say they have not experienced strong enough demand to warrant their investing in a system to provide wireless Internet in their buildings. - New York Times 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

Google

Google's copyright tussles - 4 August
Google recently defended its reproductions of professional photographs of scantily-clad women through its popular image-search feature. Google claimed the photographs are not "creative" enough to enjoy copyright law's full protections because they're intended primarily for "sexual gratification." A federal court rejected that claim earlier this year. - CNet News website

Google to pay for news - 1 August
Google is paying The Associated Press for stories and photographs, settling a dispute with a major provider of the copyright news that the online search engine finds and displays on its popular website. - IOL website


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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