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

Issue no.46 - 8 December 2006

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

 

NASA plans a city on the moon - 5 December 2006
CNet News website

Click on the image to access the article on the CNet News website

Moon : a new frontier - 6 December
Nasa's plan to permanently colonise the Moon holds out the promise of a dramatic advance in space exploration, but the ambitious project requires massive financing and a high level of global co-operation. - News24 website
Contents
News
KZNLS - Impact of fire on KZNLS' Durban Library and Conference Centre
International Society of Family Law (ISFL). European Regional Conference
Government Gazette Update
Acts
Bills and Draft Bills
Regulations and Draft Regulations
Government, General and Board Notices
KwaZulu-Natal Provincial Gazette
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
E-Tips
Virus alert
WWW Why Work the Web - Making the Internet Work for You
Vacancies
Professional Assistant
Vacancy : Candidate Attorney
Marketplace
JutaLaw
Weblog - http://knowgozone.blogspot.com

Thank you for your support during 2006

We aim to continue offering a relevant and stimulating service during 2007


 
News

Impact of fire on KZNLS' Durban Library and Conference Centre

As a result of the fire in Salmon Grove Chambers, Smith Street, Durban, in the early hours of Tuesday 5 December, please note :

the Library and Conference Centre will be closed until further notice. While the damage to these facilities could have been a lot worse, it will take a while to restore the area to its former state.

Email requests for information from the librarians should still be sent to the helpdesk : help@lawlibrary.co.za ; telephone calls should be directed to our Pietermaritzburg Library : 033-345 1304.

Fire in Smith Street probed - 6 December
Police are investigating a case of arson after a fire broke out at the offices of the Department of Labour in Smith Street, Durban, yesterday morning. A police spokeswoman, Capt Gugu Sabela, said that arson was being investigated. The Department of Labour said in a statement that its offices on the seventh and eighth floors of the Salmon Chambers building had burnt out during a "mysterious fire". - The Mercury website

5 December 2006
Mysterious fire burns the Department of Labour offices
SA Government Information website


International Society of Family Law (ISFL). European Regional Conference
First Notice and Call for Papers

For the European Regional Conference of  the International Society of Family Law (ISFL) at the University of Chester, England

17 to 21 July 2007

Family Justice : for Whom and How ?

The ISFL is a global scholarly organisation dedicated to the study of family law with over 500 members from more than 50 nations. Members and other scholars and professionals interested in any aspect of family law are invited to attend and to propose papers for presentation.

Theme

Family Justice : for Whom and How? Many debates on family law can make assumptions that all participants understand and accept the same definition, parameters and analysis of family. This is not always the case and not only might lawyers debate as to the meaning of family, and the significance of this within law, but other academic disciplines and professions other than law may have very different views of what constitutes a family and how the law should provide for family members. Thus, on one analysis, the theme is extremely wide and papers and presentations, philosophical, theoretical and practical on this aspect are welcome relating to all aspects of family relationships that are or should be regulated and how they should be regulated, accessed or enforced. At the same time, Family Justice has a particular, practical significance in England and Wales at present, with the establishment in 2005 of a national and 41 regional Family Justice Councils. These are cross-disciplinary bodies established with a view to improving access to justice in local courts. The Councils are primarily co-ordinating and training bodies and have representation from, amongst others, judges, magistrates, legal professionals, the police, child welfare and support agencies, including local councils, paediatricians and academics. Two of the keynote speakers will be reviewing the progress of the Councils at both national and local level. Proposals will be welcome from those in other jurisdictions who are able to provide a comparative perspective. Above all, however, the theme is intended to be broad and inclusive and proposals are welcome on a wide range of subjects from all jurisdictions, legal systems, disciplines, and theoretical perspectives.

Keynote Speakers

At present, three distinguished academics and judges have agreed to give keynote speeches. Baroness Hale of Richmond, the first female judge to sit in the House of Lords, will, subject to any changes in commitments, speak on the last full day of the conference. Professor Judith Masson, an academic member of the national Family Justice Council, and His Honour Judge Kevin Barnett, the designated family judge for Chester and co-chair of the Cheshire Family Justice Council, will also speak. It is hoped that there will be one or two additional significant and senior speakers.

Dates

The Conference will run from Tuesday afternoon, July 17th until Saturday lunchtime, July 21st 2007. It is appreciated that some participants will not be able to spare the time for the whole Conference and arrangements can be made for attendance for part.

Paper Proposals

Proposals for papers are very welcome from anyone interested. The proposal should contain an abstract of the proposed paper of no more than one page (single spaced, 12 font, by way of guidance) and contain the name, title and position of the proposer and contact details including full postal address, email, telephone and, if possible, fax. Please also send a 75 word mini-resume/biography.

Proposals should be submitted by March 30th 2007 to the co-convenors, Professor Roger Kay and Dr. Martha Sampson preferably by email, in word, at lawconference@chester.ac.uk or by fax to + (44) 1244 398869 or by post to Department of Law, University of Chester, Parkgate Road, Chester CH1 4BJ, United Kingdom.

Venue

The conference will convene at the University of Chester. There is en suite accommodation available on campus and help will be given with booking alternative accommodation in Chester. Suitable lecture theatre and break-out room space has been secured. Confirmed prices will be available shortly, and the base cost will be very reasonable thanks to University pricing and sponsorship.

There will be pre-dinner receptions at the University on the Tuesday and Wednesday evenings and at the historic Chester Town Hall on the Thursday evening. The conference dinner will be held on the Friday night in the restaurant at Chester Racecourse, which overlooks the River Dee and the roman walls of the city. It will be produced by the outside catering unit of a very well-known chef, whose main restaurant has a Michelin star.

Lunch on the Thursday, and the afternoon sessions, will be held at the College of Law in the nearby, beautiful village of Christleton.

The University is a ten to fifteen minute walk from the centre of Chester. Both Liverpool and Manchester Airports are some 30 minutes drive from Chester.

For those travelling from Europe, Liverpool Airport is a hub for both Easyjet and Ryanair. Manchester has a major international airport with direct or connecting flights from all over the world, including direct flights from several cities in the USA and Canada. It also has low cost flights to and from many European destinations with, for example, bmibaby, jet2.com and thomsonfly. Transport from either airport can be arranged.

City and Region

Chester is a famous historical city, with Roman walls and amphitheatre and unique double-storied, pedestrianised shopping centre. It also has the lovely River Dee flowing through it. The nearby cities of Liverpool and Manchester are vibrant and renowned for culture, shopping and sport. Chester is in the north-west of England, in the beautiful, rural county of Cheshire, very close to the border with North Wales and its beautiful mountains and coastline. A little further afield, both the Derbyshire Peak District and the Lake District are easily reached by car.

University of Chester, Parkgate Road, Chester CH1 4BJ
Telephone : +44 (0)1244 511000
Email :
enquiries@chester.ac.uk

Source : Susan


Government Gazette Update

Acts
Civil Union Act 17 of 2006

Date of commencement : 30 November 2006
GG 29441/30-11-2006 *

National Ports Act 12 of 2005

Date of commencement : 26 November 2006
Amends : Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002
Repeals : Legal Succession to the South African Transport Services Ac5 9 of 1989 in so far as it relates to any provision for the management and operation of the ports referred to in this Act
PR 48/GG 29421/26-11-2006 *


Bills and Draft Bills
Criminal Law (Sexual Offences and Related Matters) Amendment Bill

[B50B-2003] *

Medical Schemes Amendment Bill, 2007

Published for comment
GenN 1724/GG 29408/24-11-2006 *

Draft Bills

Integrated Coastal Management Draft Bill

http://www.environment.gov.za/NewsMedia/Speeches/2006Dec8/ICM%20Bill%20Draft%2010_.doc

See Integrated Coastal Management Bill below

Source : Mary


Regulations and Draft Regulations
Civil Union Act 17 of 2006

Regulations
GNR 1206/GG 29439/29-11-2006 *

Designs Act 195 of 1993

Regulations amended
GNR 1182/GG 29413/01-12-2006 *

National Credit Act 34 of 2005

Please take note of Regulations (GNR 1209/GG 29442/30-11-2006)

In a nutshell, the purpose of the regulations is

"To prescribe the nature of, time-frame, form and manner in which consumer credit information held by credit bureaux must be reviewed, verified , corrected or removed in terms of section 73, as per Schedule 1 hereto, and

To amend the Regulations made in terms of the Act (the regulations that was published on 31 May 2006, as per Schedule 2 of this new document) of the new regulations."

Source : Lizelle Kilbourn

Patents Act 57 of 1978

Regulations amended
GNR 1181/GG 29413/01-12-2006 *

Registration of Copyright in Cinematograph Films Act 62 of 1977

Regulations amended
GNR 1183/GG 29413/01-12-2006 *

Trade Marks Act 194 of 1993

Regulations amended
GNR 1180/GG 29413/01-12-2006 *

Draft Regulations

National Water Act 36 of 1998

Draft regulations for the use of water for recreational purposes generally and in respect of a government waterworks and surrounding state-owned land
Published for comment
GNR 1188/GG 29413/01-12-2006 *


Government, General and Board Notices
Architectural Profession Act 44 of 2000

Annual update of the professional tariff of fees published
BN 130/GG 29412/01-12-2006 *

Banks Act 94 of 1990

Designation of an activity not falling within the meaning of "the business of a bank" (a group of persons between the members of which exists a common bond) published
GN 1176/GG 29412/01-12-2006 *

Basic Conditions of Employment Act 75 of 1997

Amendment of Sectoral Determination 10 : Children in the performance of advertising, artistic and cultural activities, South Africa
GNR 1202/GG 29428/28-11-2006 *

Customs and Excise Act 91 of 1964

Rule DAR/26 amended
GNR 1167/GG 29407/22-11-2006 *

Rule DAR/27 amended
GNR 1178/GG 29413/01-12-2006 *

Schedule 4 amended
GNR 1177/GG 29413/01-12-2006 *

Further Education and Training Act 98 of 1998

Closure of the Correspondence Colleges Council and the Fidelity Guarantee Fund
GN 1169/GG 29419/24-11-2006 *

Home Loan and Mortgage Disclosure Act 63 of 2000

Draft regulations in terms of Section 12 published for comment
GN 1734/GG 29418/24-11-2006 *

see also http://www.lawlibrary.co.za/notice/updates/2006/issue_45.htm#gg_regulations_

Intergovernmental Relations Framework Act 13 of 2005

Draft guidelines for effective conflict management relating to intergovernmental dispute prevention and settlement published for comment
GenN 1770/GG 29422/27-11-2006 *

Quantity Surveying Profession Act 49 of 2000

Tariff of professional fees amended with effect from 1 January 2007
BN 131/GG 29412/01-12-2006 *


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)


News on the Electronic Front

Recent Judgments Available on the Internet

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

Forthcoming Hearings

8 March 2007
CCT 69/06
Department of Land Affairs and Others v Goedgelegen Tropical Fruit (Pty) Limited

6 March 2007
CCT 67/06
Fuel Retails Association of Southern Africa v Director-General : Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others

1 March 2007
CCT 65/06
South African National Defence Union v Minister of Defence and Others

22 February 2007
CCT 53/06
S v Maneveld

20 February 2007
CCT 51/06
KwaZulu-Natal MEC of Education and Others v Pillay


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

1 December 2006
042/2006
DH Swanepoel v The State [2006] SCA 171 (RSA)
Appeal against conviction – Admissibility of a pointing out and accompanying statements alleged to be tainted by unprofessional conduct of attorney representing appellants – Sufficient circumstantial evidence available to link both appellants to the crimes charged

It gets darker all the time in Telkomland - 4 December
Last week, this column noted how Telkom had been roughed up by the Supreme Court of Appeal, and how it now faces the very real prospect of paying up to R2bn to US software company Telcordia. But as Jackie Selebi's advisers should be telling the embattled police boss, the situation is a tad more horrendous than it initially seemed. It turns out that Telcordia, desperate to wrap up the six-year dispute with Telkom, offered to settle the matter in exchange for a payment of as little as $30m, weeks before the Supreme Court of Appeal case. That $30m is equal to about R210m, or roughly a 10th of the liability that Telkom now faces. But Telkom's lawyers - and, one assumes, its board - rejected the offer, and soon after, Telkom was trumped in court. - allAfrica website

see
22 November 2006
26/05
Telcordia Technologies Inc v Telkom SA [2006] 139 SCA (RSA)

Top court warns on access to info act - 4 December
The Supreme Court of Appeal says it is unfortunate that the objectives of the Promotion of Access to Information Act are being dis- regarded, resulting in pretrial litigation involving huge costs before the merits of matters are aired in court. The court made this comment in upholding an appeal by retired South African Airways (SAA) pilot Willem Claase, who wanted to get information from the airline so he could sue it for breach of contract. - Business Day website

see
30 November 2006
39/2006
Claase v Information Officer of South African Airways [2006] SCA 163 (RSA)


Commercial Crimes Courts

Pretoria

Masetlha to be charged in hoax e-mail case - 8 December
Former spy boss Billy Masetlha is to be added as an accused in the so-called hoax e-mail court case in the Pretoria Commercial Crimes Court in Pretoria. Software salesperson Muziwendoda Kunene and National Intelligence Agency (NIA) manager for electronic surveillance Funokwakhe Madladla have already been charged with fraud and their case was scheduled to be heard on Friday. - Mail & Guardian website


Equality Courts

Chinese fight to be black - 8 December
After years of waging a low-key campaign to be recognised as black under South Africa’s laws of redress, local Chinese are squaring up to the government in the High Court. The Chinese Association of South Africa (Casa) wants to seek a declaratory order for South African Chinese to be treated as coloured and benefit from the Employment Equity Act and the Broad-Based Black Economic Empowerment Act. - Mail & Guardian website
Keyphrases :
Department of Labour
Group Areas Act
Labour Court. Whyte v Standard Bank
Phuthuma Nathi (Naspers). Empowerment scheme
Tutuwa scheme (Standard Bank). Empowerment scheme


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

Travelgate case postponed - 4 December
The case against six former MPs and six travel agents in connection with the "Travelgate scam" was postponed in the Cape High court on Monday, South African Broadcasting Corporation (SABC) news reported. The case will sit again on February 12 when it will hear an application by the politicians for their case to be separated from that of the travel agencies. - Mail & Guardian website


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

Judgment reserved in R1m contract case - 7 December
The Port Elizabeth High Court this week heard the “high watermark” of closing arguments in the case of a company suing a Coega service provider for R1-million for breach of contract. Total Tech in Walmer, belonging to Jack Bosch, is claiming the money from Connec, a company which was contracted with several subsidiaries by the Coega Development Corporation to construct the port of Ngqura. - The Herald Online website

Bail for alleged  poacher after 'assault' at sea - 7 December
An alleged perlemoen poacher accused of knocking two Marine and Coastal Management officials into the water during a sea arrest three weeks ago was granted R5 000 bail yesterday. Anton Dirk Klaasen, 44, of Fisant Street, Humansdorp, is facing several charges, including attempted murder, assault, illegal possession of perlemoen, escaping, obstruction of justice and failure to comply with the Fisheries Act. Klaasen, who said he would plead not guilty when the trial started next year, was arrested with Vuyo Yoko, 30, of Motherwell. Yoko is out on R3 500 bail. The State alleges that Klaasen attempted to murder David Syce and George Kant by knocking them into the water and then narrowly missing Kant with his boat‘s propellers. - The Herald Online website

Court rules for MEC in social grants case - 5 December
Eastern Cape Social Development MEC Thokozile Xasa‘s losing run in the courts may be something of the past with her first, precedent-setting win in the Port Elizabeth High Court. Last week Acting Judge Piet van der Byl dismissed an application by Notemba Anne Dyani of KwaNobuhle in Uitenhage for the court to force the department to review her unsuccessful disability grant application and pay her legal costs. - The Herald Online website

And staff not flush with funds - 5 December
The fact that several staff members of the Port Elizabeth High Court have not been paid since the end of October is purely an "administrative problem" that should be solved soon, Eastern Cape chief registrar of courts Denim Kroqwana said yesterday. He acknowledged that staff who had recently been absorbed into the justice department from service providers like Snellers, which records and types court proceedings, had experienced problems with their salaries. He was responding to several complaints by High Court administrative staff that they had not been paid. - The Herald Online website


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

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

High Court backs suspension of alleged fraudster councilors [sic] - 6 December
The Pietermaritzburg High Court has backed KwaZulu-Natal Local Government MEC Mike Mabuyakhulu's move to suspend the mayor of Utrecht Municipality ME Khoza. It was alleged Khoza had been "party" to fraud and corruption. Mr Mabuyakhulu won a court order to suspend mayor Mabhutana Elphas Khoza and his fellow councillor BC Mabaso. Initially, the Utrecht Municipality council ignored Mr Mabuyakhulu's recommendation to have the two councillors suspended pending the outcome of the investigation into alleged maladministration, fraud and corruption. Mr Mabuyakhulu applied for a court order to compel Mr Khoza and Mr BC Mabaso to accede to the suspension with pay. The two have now been suspended following the High Court's ruling. - BuaNews Online website

Court rules on vegetable planting - 5 December
The Pietermaritzburg High Court on Friday interdicted Mkhuze people from destroying indigenous vegetation in the Greater St Lucia Wetland Park in order to plant vegetables. The 48 people cited in court documents must travel at least 5km to the 2,7ha and 0,22ha sites in the Ozebeni section of the park where vegetation has been cleared. The sites are largely in water courses which would convey rainwater to Lake St Lucia which is dangerously low. Although the clearing and planting activities offend the World Heritage Convention and the National Environmental Acts, police have not been involved as the officials have decided to use a "soft" approach. The aim of the interdict is to ensure the conservation and preservation of the area and indigenous plants. - IOL website

Note :
"the above interdict has been accompanied by a rule nisi which means it is only valid until 22 Jan 2007 which is the date of the next hearing"
                                                                
Source : OSALL (Suzanne)


Zuma Case

'No decision' on charging Zuma, Thint again - 7 December
Deputy national director of public prosecutions Leonard McCarthy says no decision has been taken yet on whether to charge Jacob Zuma and French arms company Thint agains for corruption, despite attempts to obtain more crucial evidence. - Business Day website

NPA 'driven by ulterior motives' - 6 December
The National Prosecuting Authority (NPA) is to ask the Durban High Court to request that Mauritian authorities hand over documentation that may show that a meeting took place between Jacob Zuma, Schabir Shaik and the former chief executive of French arms manufacturer Thint. Zuma's legal team and Thint's legal team on Wednesday said they had also received copies of the notice "to make an application to a judge in chambers on December 12 at 9.30am". The NPA is asking the Durban High Court to issue a letter of request to the Attorney General of Mauritius in terms of the International Cooperation in Criminal Matters Act. - Mail & Guardian website

Fresh Zuma charge on the cards - 6 December
The state has given its strongest indication yet that it intends to recharge African National Congress Deputy President Jacob Zuma with corruption. It has been established that the National Prosecuting Authority has given notice to Zuma and French arms company Thint that it will apply for certain documents - crucial in the case against Zuma - to be released by the Mauritian High Court which is holding them sealed by order. These documents are believed to include the 2000 diary of Alain Thetard, Thint's former local chief executive, who was effectively found by two local courts to have helped set up a bribe for Zuma. The NPA will make the application for the documents on December 12 in the chambers of a Durban High Court judge. The documents would be asked for in terms of section 2 (2) of the International Co-operation on Criminal Matters Act. - IOL website


Transvaal Provincial Division - (Court rolls at http://www.courtroom.co.za/roll.php)

Mapisa-Nqakula must pay for blunder - 9 December
The Pretoria High Court has ordered government officials who illegally deported three Chinese nationals to share in paying for the cost of flying them back to South Africa. Polity.org.za reported that Judge Essop Patel ruled on Tuesday that the deportations on 2 December of Fang Yan, Miexiang Gao and Wenyu Gao were unlawful and "in breach and disobedience" of an earlier interim interdict preventing their deportation. - iAfrica website

You can win a house : but is it a lottery? - 8 December
The National Lotteries Board is asking the Pretoria High Court to declare the SABC's popular Winikhaya competition unlawful. It wants the SABC interdicted from conducting, facilitating, promoting or deriving any benefit from this competition. The board claimed in papers before court that Winikhaya infringed on the Lotteries Act. - IOL website

Sex pest Mashabane quits - 6 December
Former foreign affairs diplomat Norman Mashabane, found guilty of sexual harassment, has stepped down from his position as political adviser to Limpopo Premier Sello Moloto. Moloto's spokesperson Mogale Nchabeleng on Wednesday morning said Mashabane had asked to "be relieved of his duties" with immediate effect. This comes after the Pretoria High Court last week ruled in favour of a foreign affairs employee Lara Swart and ordered Foreign Affairs Minister Nkosazana Dlamini-Zuma to foot the bill for Swart's legal costs which was estimated to be as high as R500 000. - IOL website

Piggs Peak to redraft gambling papers - 6 December
Casino Enterprises, the company that runs Piggs Peak online casino, among other gambling sites, has until 15 December to redraft an application for a court order that could declare its Internet gambling operations in SA legal. In his 27 November judgment, Pretoria High Court judge Willie Hartzenberg said that, in his view, Casino Enterprises did not disclose a reason for approaching him for the order. "In the result I shall set aside the declaration and allow the plaintiff time to file an amended declaration", Hartzenberg said in the judgment, of which ITWeb has a copy. - ITWeb website

Lack of clarity on online gambling - 1 December
Pretoria High Court judge Willie Hartzenberg this week granted the Gauteng Gambling Board a declaratory order, banning online gambling - other than bookmaking - in the province. But the position elsewhere is less clear, says ICT lawyer Lance Michalson. "The judgment does not go so far as to say online gambling in the whole of SA is illegal. It only says online gambling in Gauteng is illegal unless the casino obtains a licence from the Gauteng Gambling Board", Michalson says. - ITWeb website

Citation :
27 November 2006
28704/2004
Casino Enterprises (Pty) Ltd (Swaziland) v Gauteng Gambling Board, National Gambling Board and Minister of Trade and Industry
* Not reportable *

Midwife must bear costs - 5 December
A Harrismith midwife not only lost her appeal against sanctions imposed on her by the Nursing Council after the death of a baby at the Manapo Regional Hospital four years ago, but was also saddled with hefty legal costs. Pretoria High Court judge Essop Patel dismissed with costs Elizabeth Sibaya’s review application against her conviction on four charges of misconduct, the removal of her name from the Nursing Council register for a year, and an order that her name could be restored only if she completed a course in ethics, and a midwifery update. - Citizen website


Witwatersrand Local Division

Trial of 5 for raping virgin ends soon - 5 December
In the rape trial that began on May 30, all evidence has now been heard by Judge G M Makhanya in the Johannesburg High Court. The five accused all pleaded not guilty to kidnapping, aggravated robbery and three counts of rape. The complainant's evidence was that she arrived in South Africa as a 17-year-old virgin, and was dragged away and raped after going to the toilet at a 21st birthday party she attended with members of her host family. The issue of photographs of some of the accused appearing in a newspaper before the holding of an identity parade was again raised yesterday. Counsel for the accused claim the complainant identified certain of the suspects after seeing newspaper pictures. The student said she did not see the newspaper articles or the pictures. - Citizen website


Regional Courts

Kempton Park

7 December 2006
Meticulous investigation leads to the arrest and conviction of two businessmen
SA Government Information website

Paarl

Train driver walks free on homicide charges - 5 December
A retired Metrorail passenger-train driver was on Tuesday found not guilty on 10 counts of culpable homicide in the Muldersvlei train-smash case. Paarl Regional Court magistrate Anna-Marie Immelman, with assessor David Klatzow, ruled that the state had not proved negligence on the part of Mervyn Matthee. Prosecutor Enslin Orange alleged that Matthee's negligence was the cause of the collision, and thus the cause of death, but Matthee's lawyer, John Van der Berg countered that the coach that carried the dead passengers, built in 1962, had rust and metal fatigue in its undercarriage. Van der Berg contended that the rust and metal fatigue caused the floor of the coach to collapse as Matthee's train ploughed into the goods train. The smash claimed the lives of 10 passengers. - Mail & Guardian website

Court hears that train driver was emotionally unfit - 4 December
Metrorail train driver Mervyne Matthee received both psychiatric and psycho-therapy, as well as medication for complications in his bereavement over the death of his wife, the Paarl Regional Court heard on Monday. - Mail & Guardian website


Magistrates Courts

Durban

Two in court for Durban gang rape - 9 December
Two men appeared in the Durban Magistrate's Court on Friday in connection with the alleged gang rape of an official of the French swimming team attending the International Paralympic Committee's (IPC) Swimming World Championships. Police arrested four people on Tuesday night, but only two were charged on Friday, said police spokesperson Senior Superintendent Phindile Radebe. Radebe said two of the men had agreed to become state witnesses and the case was remanded until February 27 next year. - Mail & Guardian website

Johannesburg

Kebble : Scorpions widen the net - 8 December
The bail hearing of Norbert Glenn Agliotti, which was postponed on Friday until next Wednesday, marks the start of what promises to be the most sensational series of trials in recent South African history, tracing veins of criminal influence reaching high into the law enforcement, political and business establishments. Agliotti, now notorious as the friend of police National Commissioner Jackie Selebi, has been charged with involvement in the murder of mining magnate and corporate mega fraud convict Brett Kebble. - Mail & Guardian website

Agliotti bail application postponed - 8 December
The bail application of Kebble murder accused Glenn Agliotti was postponed until Wednesday in the Johannesburg Magistrate's Court on Friday. Scorpions prosecutor Gerrie Nel said that "due to unforeseen circumstances" the state would not be able to proceed with the bail hearing on Friday. Agliotti's legal representatives had agreed to the postponement. - Mail & Guardian website

Pietermaritzburg

Ex-Comrades boss's alcohol levels in the dock - 5 December
Former Comrades Marathon Association CEO Linda Barron's assertion that her blood alcohol level of 0,21g per 100mm was due to drinking alcohol after an accident had occurred was "highly improbable", the Pietermaritzburg Magistrate's Court heard on Monday. Barron has pleaded not guilty before magistrate Dieter Schultz to charges arising from the death of musician Chas Smit, lead guitarist and vocalist for the Cape Town band Plush. - IOL website

Verulam

One man's fight against speeding fines - 2 December
A Durban man is questioning the legality of speeding fines and camera speed traps. He is defending himself in court on seven counts of exceeding the speed limit. Vish Govindasamy, 50, the manager of a Durban service station, owes R1 400 and has a total of seven speeding fines dating back to 2004 as well as three summonses. He refuses to pay any of them. - IOL website

Wynberg

Bogus attorney in court again - 7 December
A candidate attorney, who allegedly illegally represented clients in the regional court, made his third appearance in the Wynberg Magistrate's Court on Wednesday on three charges of fraud. Archelvin Khanyisa Xolisa Lingani appeared before magistrate Helen Alman, who extended his R5 000 bail and postponed the case to January 25. At his next court appearance, Lingani will be informed of the date on which he is to go on trial in the regional court. - Mail & Guardian website


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

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

Condom lesson on children's show irks mother - 6 December
How early is too early for sex education, and when should it be aired? That's the question a mother wants answered after she stumbled on a programme on SABC2 demonstrating the right way to put on a condom on what she called a "makeshift penis". The mother, who has asked not to be named, says she was flipping channels when she came across a television programme at about 4pm on Tube - the SABC's children's channel - that her eight-year-old daughter was watching. It was part of the Hip2b2 programme. "I am not against sex education but that should be for age-appropriate children". The woman said it was "totally unacceptable at that time of day", particularly as children were currently on holiday and spent a lot of time at home watching television. - IOL website


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

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

Judgement does not affect TAC drug agreement - 9 December
A recent judgement on the pricing of antiretroviral drugs will not affect an agreement between the Treatment Action Campaign (TAC) and two major drug companies, the Aids Law Project said on Friday. On Wednesday, the Competition Commission was found to have acted beyond its power by agreeing not to refer a complaint about drug pricing to the Competition Tribunal. - Mail & Guardian website

Commission acted beyond its powers : court - 6 December
The Competition Commission acted beyond its powers by agreeing not to refer a complaint about the pricing of antiretroviral drugs to the Competition Tribunal, a judge ruled on Wednesday. "The Commission cannot abrogate its statutory functions by agreement," Judge Selwyn Selikowitz said in a Competition Appeal Court ruling handed down in Cape Town. The ruling related to a 2002 Treatment Action Campaign complaint to the commission that manufacturer GlaxoSmithKline was charging excessive prices for antiretroviral drugs. - IOL website

Competition Appeal Court to decide GlaxoSmithKline AIDS case - 5 December
South Africa's Competition Appeal Court will Wednesday rule on an appeal by GlaxoSmithKline PLC (GSK) of a watchdog decision not to have an agreement between the drugmaker and the Competition Commission made into a consent order. The case stems from a complaint lodged with the commission in September 2002 by a group of individuals and non-governmental organizations led by the Treatment Action Campaign that alleged GSK had contravened the country's Competition Act by excessively pricing antiretroviral drugs used in the treatment of AIDS. - MarketWatch website

Ruling on SAA supports lawsuit, says Comair - 5 December
Comair said yesterday that the competition tribunal's decision to confirm the consent agreement between the competition commission and SAA meant that it had a strong case for a civil claim against the national carrier. Comair had alleged that SAA used its dominant position to exclude Comair, by remunerating travel agents in a manner that kept them loyal to SAA. Under the agreement, SAA undertook that future agreements would not include the exclusionary features. It agreed to implement a compliance programme and pay an administrative penalty of R15 million. - Business Report website

SAA's fine burden hits R100m - 4 December
The Competition Tribunal has confirmed a consent order between the Competition Commission and South African Airways (SAA) in terms of which SAA has agreed to pay an administrative penalty of R15m. The fine stems from a complaint lodged by regional airline Comair which complained about the manner in which SAA was compensating travel agents for their services. - Fin24 website


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

Human Rights Commission - http://www.sahrc.org.za/

Lulu accused of hate speech -7 December
Agriculture and Land Affairs Minister Lulu Xingwana has been formally accused of hate speech. The complaint was laid with the Human Rights Commission by civil society initiative AfriForum yesterday following remarks she allegedly made earlier in the week. Xingwana was addressing a gathering on Pretoria’s Church Square in support of the 16 days of activism campaign. She said the farming sector was rife with violence against women and children and referred to farmers raping and assaulting farm workers and evicting women and children in the “depths of winter”. - Citizen website


National Credit Regulator

Office of the Ombud for Financial Services Providers - http://www.faisombud.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

8 December 2006
Integrated Coastal Management Bill to preserve the integrity of South Africa's coastline

See Integrated Coastal Management Bill below

7 December 2006
Government Responds to National Taxi Alliance (NTA)

7 December 2006
Cabinet gives green light to codes of good practice

Tailored empowerment codes for sectors and companies - 7 December
Government has approved the Codes of Good Practice on Broad-Based Black Economic Empowerment (B-BBEE), which takes into account a number of specific sectors and company sizes, regarding compliance requirements. In terms of the codes, approved by Cabinet at its meeting on Wednesday, smaller companies and start-ups in their first year of operations will be exempt from empowerment requirements, while multi-nationals will have flexibility in how they chose to structure their empowerment deals. Addressing today's post Cabinet briefing in Pretoria, Deputy Director General of the Department of Trade and Industry (Dti), Lionel October, said the codes would be published in the government gazette early next year. - BuaNews Online website

7 December 2006
Statement on the Cabinet meeting of 6 December 2006

Excerpt :
The following 8 Bills were approved :
Draft Gambling Amendment Bill
Housing Amendment Bill (for public comment)
Rental Housing Amendment Bill (for public comment)
Prevention of Illegal Eviction from and Unlawful Occupation of Land
  Amendment Bill (for public comment)
Housing Consumers Protection Measures Amendment Bill
Waste Management Bill
Human Sciences Research Council Amendment Bill
Integrated Coastal Management Bill (for public comment)

7 December 2006
Ms Pamela Yako, the Director-General of the Department of Environmental Affairs and Tourism invites media to a press briefing on Tuesday, 12 December 2006

6 December 2006
Condemnation of defamatory, scurrilous and malicious allegations against national commissioner

5 December 2006
Toast remarks of the President of South Africa, Thabo Mbeki, in honour of the Governor-General of Canada, the right honourable, Michaelle Jean, on the occasion of the State banquet: Presidential Guesthouse, Tshwane

5 December 2006
Free State Provincial Government language policy

4 December 2006
Government and Business meeting

1 December 2006
Address delivered by the Deputy President, Ms Phumzile Mlambo-Ngcuka, at the World AIDS Day event, KaNyamazane, Nelspruit, Mpumalanga

1 December 2006
Speech by Limpopo Premier Mr Sello Moloto during World AIDS Day at Lulekani Stadium, Ba-Phalaborwa Municipality, Mopani District

1 December 2006
World AIDS day event 2006 [Health Department]

29 November 2006
Statement by the Minister of Health on World AIDS Day

1 December 2006
Towards a new era of partnership and progress [M Tshabalala-Msimang]

30 November 2006
Statement on the reburial of Moses Mabhida [Pietermaritzburg]

Mabhida daughters hurt by bad behaviour - 4 December
The two surviving daughters of the late Moses Mabhida have slammed African National Congress deputy president Jacob Zuma's supporters who embarrassed President Thabo Mbeki in Pietermaritzburg at the weekend, saying they were hurt by the unruly behaviour. - IOL website

Cabinet slams weekend funeral disruption - 7 December
The South African Cabinet has condemned the unruly behaviour by a section of the crowd who interrupted President Thabo Mbeki's speech at the weekend re-burial of struggle veteran Moses Mabhida in Pietermaritzburg. - Mail & Guardian website

30 November 2006
Independent Complaints Directorate (ICD) Investigation into missing firearms and other matters at Durban Metro Police

30 November 2006
South African trade statistics for October 2006 [SARS]

30 November 2006
The Western Cape Department of Education (WCED) to continue successful Teaching Assistant (TA) project in 2007

30 November 2006
Launch of a book called "Women in South African History" by Arts and Culture Minister Dr Z Pallo Jordan

29 November 2006
Speech delivered by the honourable Minister of Finance, Mr Trevor Manual, MP, to Directors' Dinner, Johannesburg

29 November 2006
Protocol of dealing with National Environmental Management Act (NEMA) environmental impact assessment (EIA) and of Environment Conservation Act (ECA) EIA applications during festive period 2006/07

29 November 2006
Launch of the FireWire Campaign

28 November 2006
Speech delivered by the Minister of Finance, honourable Trevor Manuel, MP, during the discussion on economic trends, at the Federation of Unions of South Africa (Fedusa)

28 November 2006
Notes of Western Cape Premier, Ebrahim Rasool, on Africa and the Middle East to build economic bridges in divided world

28 November 2006
Renewal of firearm licences [SAPS]

27 November 2006
End of the Year Report by Mr J S Ndebele Premier of the Province of KwaZulu-Natal (KZN)

Keyphrases :
Adult Based Education and Training (ABET) programmes
Bhambatha kaMancinza Zondi celebration
Cetshwayo, King of the Zulus - Heritage site
Chief Albert Luthuli - 40-year Commemoration
Commission of Inquiry into Political Violence
Dingane, King of the Zulus
- Heritage site
Dinizulu, King of the Zulus
- Heritage site
Dube TradePort
Further Education and Training (FET) colleges
Greytown/Dundee Corridor Development project
Ingcugce Women's Rebellion of 1876 - Commemoration
Intergovernmental Relations Framework Act
International A1 Grand Prix
KwaZulu-Natal/Belgium - Strategic international partnership
KwaZulu-Natal/China - S
trategic international partnership
KwaZulu-Natal/France - Memorandum of Understanding (MOU)
KwaZulu-Natal/Germany - S
trategic international partnership
KwaZulu-Natal/India
- Strategic international partnership
KwaZulu-Natal/Indonesia
- Strategic international partnership
KwaZulu-Natal/Mozambique - Memorandum of Understanding (MOU)
Lebombo Spatial Development Initiative

Mahatma Gandhi - Satyagraha
Mhlatuze/Durban
Corridor Development project
Organised crime
Port Shepstone/Ixopo Corridor Development project
Prevention of Mother to Child Transmission health service
Programme of Action for Literacy
Satyagraha celebration
Shaka, King of the Zulus - Heritage site

Ulundi/Richards Bay Corridor Development project
World Rally Championships


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.

Committee Minutes

Standing Committee on Public Accounts

15 November 2006
Resolutions and consideration of Committee Programme for 2007 : Adoption

Public Enterprises Portfolio Committee
* * * Subscription required * * *

15 November 2006
Committee Report on Department Annual Report, Committee Report on Public Sector Reform Course ; South African Airways Bill : Informal discussion

8 November 2006
Transnet Pension Fund Amendment Bill : Adoption ; Department second quarter performance : Briefing

1 November 2006
Denel Annual Report 2006 : Briefing

25 October 2006
Alexkor Annual Report 2006 : Briefing

20 October 2006
Transnet Pension Fund Amendment Bill : Deliberation on proposed changes

19 October 2006
South African Airways 2006 Annual Report : Briefing

17 October 2006
Transnet Pension Fund Amendment Bill : Deliberations

13 October 2006
Transnet Pension Fund Amendment Bill : Hearings

11 October 2006
Department 2005/06 Annual Report : Briefing

10 October 2006
Transnet Annual Report : Briefing

20 September 2006
SAFCOL Annual Report 2006 : Briefing

Public Service and Administration Portfolio Committee

15 November 2006
Public Service Amendment Bill : Department briefing

14 November 2006
Public Service Amendment Bill : Workshop

1 November 2006
Department of Public Service and Administration 2006 Annual Report and Human Resource Policy and Guidelines : Briefing

18 Octoer 2006
Consideration of request to extend contract of DDG, Foreign Affairs ; Government Wide Monitoring and Evaluation System and Public Service Amendment Bill briefings

Public Works Portfolio Committee

15 November 2006
Committee Annual and Oversight Reports : Postponement ; Committee's functioning : Discussion

8 November 2006
Government Immovable Assets Management Bill : Department briefing

1 November 2006
Department of Public Works 2006 Annual Report : Briefing

Safety and Security Portfolio Committee
* * * Subscription required * * *

15 November 2006
Firearms Control Amendment Bill : Proposed NCOP amendments ; Committee Report on Independent Complaints Directorate and SAPS Annual Reports ; Police Station Monitoring Tool for Parliament

8 November 2006
Private Security Industry Regulatory Authority : Briefing on state of security industry

3 November 2006
Independence [sic] Complaints Directorate Annual Report and Financials : Briefing

1 November 2006
Restructuring of Independent Complaints Directorate and Secretariat for Safety and Security : Minister's Briefing ; SAPS Annual Report Programme 1 : Briefing

Science and Technology Portfolio Committee

14 November 2006
Committee 2006 Annual Report ; Reports on Department and entities : Adoption

7 November 2006
Human Sciences Research Council and Academy of Science of South Africa 2006 Annual Reports : Briefings

Social Development Portfolio Committee

15 November 2006
Department Annual Report 2006 : Briefing

8 November 2006
National Development Agency 2005/6 Annual Report and SA Social Security Agency Half-year Progress Report

1 November 2006
Children affected by Aids : Briefing by Children in Distress Network

Sport and Recreation Portfolio Committee

14 November 2006
South African Institute for Drug-Free Sport ; Sport and Recreation South Africa : Annual Reports ; Department's 2010 Unit Progress Report

1 November 2006
Meeting with Southern Sudan delegation

25 October 2006
Current rugby matters : Briefing by Eastern Province Rugby Union and South African Rugby Union

Standing Committee on Auditor-General

10 October 2006
Remuneration of Auditor-General : Approval

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

17 November 2006
National Industrial Participation Annual Report ; Adoption of Committee's Annual Report

15 November 2006
Department 2005/6 Annual Report : Briefing

8 November 2006
Annual Report briefings by the Competition Commission, Competition Tribunal and National Lotteries Board

3 November 2006
Free Trade Agreement between European Free Trade Association and Southern African Customs Union : Approval for ratification

1 November 2006
Industrial Development Corporation, Khula & National Empowerment Fund : Annual Report briefings

27 October 2006
Small Enterprise Development Agency, South African Bureau of Standards and International Trade Administration Commission : Briefings on Annual Reports

25 October 2006
Export Credit Insurance Corporation : Briefing on its operations and 2006 financial position

18 October 2006
Accreditation Conformity Assessment Bill and Measurement Units and Measurement Standards Bill : Adoption ; National Credit Act Regulations : Briefing by Department and National Credit Regulator

12 October 2006
Accreditation Conformity Assessment Bill ; Measurement Units and Measurement Standards Bill : Deliberations

21 September 2006
Corporate Laws Amendment Bill : Consideration of NCOP amendments ; Accreditation for Conformity Assessment Bill ; Measurement Units and Measurements Standards Bill : Hearings

Transport Portfolio Committee
* * * Subscription required * * *

15 November 2006
eThewini Transport Authority : Briefing on Integrated Transport Plan

7 November 2006
Commission on Taxi Violence in the Western Cape : Findings

1 November 2006
South African Cities Network Briefing on state of the cities 2006

25 October 2006
Road Traffic Management Corporation and South African Rail Commuter Corporation : Annual Reports

18 October 2006
Department of Transport Annual Report 2005/06 : Briefing

20 September 2006
Taxi Recapitalisation Project : Briefing and Hearings

Water Affairs and Forestry Portfolio Committee

15 November 2006
Establishment of Limpopo Watercourse Commission International Agreement : Briefing ; Committee Annual Report 2006

14 November 2006
Report on Department of Water Affairs and Forestry Annual Report : Adoption

8 November 2006
Adjustment Appropriate Bill, Vote 34 : Briefing by Department

1 November 2006
Department on water conservation : Briefing

NCOP Committees

Economic Affairs Select Committee

15 November 2006
Industrial Development Corporation 2005/06 Annual Report and Financial Statements : Briefing

1 November 2006
Measurement Units and Measurement Standards Bill, and Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Bill, and SACU/EFTA Free Trade Agreement : Briefings

25 October 2006
Impact of energy Acts from 1999 to 2006 : Department briefing

Keyphrases :
Diamond Amendment Act
Diamonds Second Amendment Act
Electricity Act
Electricity Regulator Act
Energy Policy
Environmental Impact Assessments (EIAs)
Environmental rehabilitation
Gas Act
Mineral Rights
Mineral and Petroleum Resources Development Act
Minerals and Mining Policy
National Energy Regulator Act of 2002
National Nuclear Regulatory Act
Petroleum Pipelines Act
Renewable Energy Policy

Education and Recreation Select Committee

15 November 2006
Further Education and Training Colleges Bill and UNESCO Convention on Protection and Promotion of Diversity of Cultural Expression : Adoption

1 November 2006
SA Institute of Drug Free Sport Amendment Bill [B7B-2006] : Deliberations

Finance Select Committee

24 November 2006
Provincial Budget : Provincial Housing Department : Briefings

21 November 2006
Education Conditional Grants : Second quarter spending : Provincial Education Departments

20 November 2006
Conditional Grants : Second quarter spending 2006 : Briefings by Provincial Treasuries

15 November 2006
Intergovernmental Fiscal Review 2006 : Financial and Fiscal Commission and Departments of Housing and Roads : Briefings

14 November 2006
Intergovernmental Fiscal Review 2006 : input from Education, Health, Social Development Departments

13 November 2006
Revenue Laws Amendment Bills ; Adjustment Appropriation Bill : Briefing and finalisation

1 November 2006
Financial and Fiscal Commission 2005/6 Annual Report : Briefing

Labour and Public Enterprises Select Committee

15 November 2006
South African Airways Bill [B35-2006] : Department briefing

14 November 2006
South African Airways Bill : Briefing cancelled ; Committee Programme

Land and Environmental Affairs Select Committee

14 November 2006
Department of Water Affairs Annual Report 2006

Select Committee on Public Services

1 November 2006
Carriage by Air Amendment Bill [B18-2006] : Briefing by Department

Security and Constitutional Select Committee

15 November 2006
Preferential treatment of high profile inmates ; Jali Commission recommendations : Department Progress Report on implementation

1 November 2006
Firearms Control Amendment Bill deliberations ; Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Bill adoption

Social Services Select Committee

27 November 2006
Civil Union Bill : Deliberations and finalisation

24 November 2006
Civil Union Bill : Public hearings

23 November 2006
Civil Union Bill : Public hearings

21 November 2006
Civil Union Bill : Briefing by Department of Home Affairs

14 November 2006
SADC Protocol on the Facilitation of Movement of Persons : Department of Home Affairs briefing

Joint Committees

Joint Budget Committee

17 November 2006
Second Quarter National Expenditure 2006/7 Report : adoption ; Committee Annual and Medium Term Budget Policy Statement Reports : postponement

15 November 2006
Medium Term Budget Policy Statement 2006 : input from Department of Correctional Services, Safety and Security, Justice and Constitutional Development

7 November 2006
Medium Term Budget Policy Statement Report : Consideration

6 November 2006
Medium Term Budget Expenditure Policy Statement : Committee Report

3 November 2006
Medium Term Budget Expenditure Framework Policy : Committee Report and Procedure

2 November 2006
Medium Term Budget Policy Statement : Department of Home Affairs, Sport and Recreation and Social Services briefings

1 November 2006
Medium Term Budget Policy Statement : Hearings

Joint Constitutional Review Committee

10 November 2006
Committee 2006 Annual Report : Adoption

Joint Committee on Defence

3 November 2006
Report on SANDF Deployment in Lesotho : Adoption

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

10 November 2006
National Youth Commission, Office on Status of Disabled Persons, Office on the Rights of the Child : Mid-Term Reports

3 November 2006
Committee Business Plan : Briefing by Strategic Planning Unit of Parliament

Joint Monitoring Committee on Improvement of Quality of Life and Status of Women

14 November 2006
Committee Reports : Adoption

3 November 2006
Delegation from Southern Sudan : Discussion on Gender Issues


Legislation

Civil Union Bill [B26-2006] - http://www.pmg.org.za/docs/2006/061109cubfinal.pdf

1 December 2006
Civil Union Act comes into effect [Home Affairs' statement]
SA Government Information website

28 November 2006
Introductory remarks by the honourable Mrs NN Mapisa-Nqakula, Minister of Home Affairs, on the occasion of the Upper House debate on the Civil Union Bill, National Council of Provinces (NCOP), Cape Town
SA Government Information website

Co-operatives Bank Bill

Rural folk to benefit from new banks bill - 5 December
The Co-Operative Banks Bill being considered by cabinet would allow co-operatives to take deposits and provide fully fledged banking facilities to impoverished rural communities for the first time, said Amon Myeni, co-operatives head in the agriculture department, speaking at a microfinance conference yesterday. The bill's aim, among other things, was to prevent situations where old women had to walk many kilometres to formal areas such as towns and cities to draw R100, Myeni said. - Business Day website

Electronic Communications Act

'Old wine in new bottles' - 4 December
South Africa's new convergence law raises more questions than answers about a unified regulation of communications, it emerged from a workshop in Johannesburg yesterday. The Electronic Communications Act (EC Act) at the heart of the discussions was described by telecoms expert Lucy Abrahams as "an economic intervention to try to make SA society a connected society". -allAfrica website

Films and Publications Act

Online adult material distribution outlawed - 7 December
From January, it will be illegal for South African online distributors of adult material to continue trading, as the Film and Publications Board (FPB) gives distributors until the end of this month to stop their services. "Internet distributors of adult material have until 31 December 2006 to discontinue the distribution of adult material on the Internet," says an FPB press statement. - ITWeb website

National Prosecuting Authority Act

Plans for greater co-ordination between the police and Scorpions - 7 December
Amendments to the legislation governing the Scorpions and the South African Police Service (SAPS) is to be tabled before Cabinet in the new year. This to institutionalise the Khampepe Commission recommendations, regarding the location of the Directorate of Special Operations, also known as the Scorpions. Cabinet in its meeting on Wednesday reviewed the progress in implementing the recommendations of the Commission and decided to amend the legislation governing the two agencies to ensure greater co-operation between them. - BuaNews Online website
Keyphrases :
South African Police Service Act


Useful Links and Items of Interest

16 Days of Activism of No Violence Against Women and Children - http://www.info.gov.za/16days.htm

Media praised for better handling of women and children abuse campaign - 8 December
The South African media has particularly performed well in terms of covering issues related to women and children abuse during the 16 Days of Activism 2005, compared to coverage during 2004, the Media Monitoring Project (MMP) said in its recently released report. This rare praise comes at the time when the media in South Africa is under scrutiny and faces numerous threats of court action. - bizcommunity website

see the report Getting the best out of the media : analysis of media coverage of the 16 Days of No Violence Against Women and Children campaign 2005. May 2006


Integrated Coastal Management Draft Bill - http://www.environment.gov.za/NewsMedia/Speeches/2006Dec8/ICM%20Bill%20Draft%2010_.doc

Cabinet approves Integrated Coastal Management Bill - 8 December
Cabinet approved the Integrated Coastal Management Bill this week for release for public comment. Environmental Affairs and Tourism Minister Marthinus van Schalkwyk said in a statement that the primary purpose of the Bill was to :
Provide a legal and administrative framework that will promote cooperative, coordinated and integrated coastal development
Preserve, protect and enhance the status of the coastal environment as the heritage of all
Ensure coastal resources are managed in the interests of the whole community
Ensure there is equitable access to the opportunities and benefits derived from the coast
To give effect to certain of South Africa's international law obligations.
He explained that the proposed legislation was significant because it provided the legal means for implementing the "far-sighted" White Paper for Sustainable Coastal Development in South Africa of April 2000. "The Bill replaces the 1935 Seashore Act and the 1980 Control of Dumping at Sea Act and introduces, for the first time, a comprehensive national system for planning and managing South Africa's spectacular and valuable coastal areas," he said. - BuaNews Online website

[see White Paper for Sustainable Coastal Development in South Africa, 2000]

New Bill to open up SA coast, says minister - 8 December
Up-market coastal resorts and developments may soon be compelled to provide public access to the coastline they encompass should draft legislation, to be published next week for public comment, become law. One of the main aims of the new Integrated Coastal Management Bill is to make South Africa's seashores, estuaries and territorial waters coastal public property, Environment Minister Marthinus van Schalkwyk said in a statement on Friday. - Mail & Guardian website

SA coast 'public property' - 8 December
Upmarket coastal resorts and developments may soon be compelled to provide public access to the coastline they encompass should draft legislation, to be published next week for public comment, become law. One of the main aims of the new Integrated Coastal Management Bill is to make South Africa's seashores, estuaries and territorial waters coastal public property, Environment Minister Marthinus van Schalkwyk said on Friday. - News24 website

Coastal bill 'not step to cap foreign owners' - 8 December
Alert to scaring off potential investors, the government has said a new bill to counter the "unmitigated sale of coastal land" should not be viewed as the first step to regulating foreign ownership of land in South Africa. At its last meeting of the year, the cabinet said it was concerned about the "unmitigated sale of coastal land, which has the effect of limiting public access to South Africa's coastline". Government spokesperson Themba Maseko said that as a result, the Integrated Coastal Management Bill would be gazetted for public comment. - IOL website

SA govt says no curb on foreign land ownership - 8 December
South Africa has no plans to limit the sale of coastal land to foreigners, a government spokesperson said on Friday, reversing an earlier statement. - Mail & Guardian website

Curb on coastal land sales to foreigners - 8 December
Government yesterday made good on its threat to curb the sale of land to foreigners, announcing that it had approved draft legislation aimed at regulating the sale of coastal land to foreigners and the super-rich. There was mixed reaction from property players, with some adopting a "wait-and-see" approach and others concerned it could frighten off foreign investors. - Business Day website

Coastal land sale to be curbed - 7 December
Draft legislation aimed at regulating the sale of coastal land has been approved by the cabinet, and is now set to be published for public comment. Briefing the media on Thursday, government communications head Themba Maseko said the cabinet was worried about the proliferation of housing estates along South Africa's coast that limited public access to the sea. - Fin24 website

Foreigners face SA property ban - 7 December
The South African government is to take its first step to regulate foreign land ownership - particularly along the Cape coastal area - which it says is being increasingly sold off at excessively high prices which only foreigners and "the super rich" can afford. - Fin24 website

SAfrica to limit foreign buying of coastal property - 7 December
South Africa is in danger of losing its coastline to rich overseas buyers and will soon introduce legislation to control the sale of coastal land to foreigners, officials said on Thursday. Environment Minister Marthinus van Schalkwyk will release the Integrated Coastal Management Bill on Sunday, his spokesman said, in what could be South Africa's first substantial move to limit foreign access to its real estate market. - Reuters website

Rich people only? - 7 December
[Themba Maseko interviewed by Lesley Williams]
Business Day website


Legal Profession

South Africa

Firm wowed by South Africa trip - 6 December
A recent trip to South Africa, a country crawling out of turmoil, surprised a couple of Charleston attorneys with a few ideas on how to operate a legal system smoothly. Ironically, one of those ideas was keeping the attorneys out of it as long as possible. Roger Forman and Jason Huber, partners in the firm Forman and Huber, made the 18-hour flight to South Africa with the group People to People in an effort to learn about the country's employment law, an area of practice in which both deal. - The West Virginia Record website

Fiji

Law Society suspends military lawyers - 9 December
The Fiji Law Society has suspended the practising certificates of seven military lawyers. A spokesman for the society says letters were sent to the lawyers late on Thursday, giving them a deadline of Sunday to argue why they should not be disbarred. The society says it believes the lawyers, who are advising military commander Commodore Voreqe Bainimarama, had given advice that led to illegal activities and had failed to uphold the laws of Fiji. - Fiji Times website

United Kingdom

Law Society to pay £50m of SIF contributions back to legal profession - 8 December
The Law Society has completed the first wave of cash refunds to law firms across England and Wales as part of its £50m redistribution of surplus funds in its legacy Solicitors Indemnity Fund (SIF). According to a fresh report published today (8 December), Chancery Lane paid back more than £25m to the profession in the 12-month period between October 2005 and September 2006. A further £25.1m is to be handed out before 30 September, 2007. The figures also show that nine out of 10 firms have already been formally refunded for the period to September 2006. - legalweekstudent website

Bar Council lobbies for wider privilege in bill - 4 December
The Bar Council is calling for more clarity in the clause of the Legal Services Bill concerning legal professional privilege, saying that as it currently stands it does not cover all situations. The clause will give non-lawyers practising in partnership with solicitors and barristers the protection of legal professional privilege when providing advocacy, litigation, conveyancing or probate services. - The Lawyer website

Source : Susan


South Africa

Auditing Profession

Auditors in danger of drowning in choppy legal seas - 4 December
What follows is a "must read" for all business executives.A document issued by the US Chamber of Commerce earlier this year is titled Auditing: A Profession at Risk. The audit was traditionally seen as an external review or oversight function to provide confidence to investors on the reliability of financial reporting. However, as a result of the spectacular corporate and audit failures that have occurred over the past few years, there has been continuous - indeed, unrelenting - pressure on auditors to do more. How much more? - Business Report website

Business

New survey sheds light on small business sector - 22 November
A groundbreaking survey of small businesses in Gauteng has shed new light on this critically important sector in SA's economy. More than a million people, or one in six adults, in Gauteng run small businesses. The range is vast, from street hawkers to sophisticated and fast-growing enterprises. With small businesses accounting for 35% of Gauteng's employment, the economic and social contribution of this sector is significant. - itinews website

Communications

ICASA seeks legal opinion on VANS licences - 8 December
The Independent Communications Authority of SA (ICASA) denies it has put a hold on new value-added network service provider (VANS) licences and says it is waiting for legal opinion on new applications. ICASA is waiting for legal opinion regarding new VANS licence applications that were submitted after the Electronic Communications (EC) Act was promulgated. The legal opinion would provide guidance as to whether ICASA issues licences to VANS who applied for licences after July, when the EC Act was promulgated, or whether the new applications will be dealt with as the regulator implements the Act. - ITWeb website

Correctional Services

Litany of questions at end of a bad year for prisons - 5 December
It has not been a good year for SA's prisons. The correctional services department and its minister, Ngconde Balfour, have lurched from crisis to crisis in what must be the most "annus horribilis" on record. - Business Day website
Keyphrases :
Jali Commission
Prison privileges

Yengeni regains his prison privileges - 4 December
The department of correctional services has reinstated the privileges enjoyed at Malmesbury Prison by fraudster and former ANC chief whip Tony Yengeni. This is after a departmental investigation into the alleged violation of his parole conditions on his first pass weekend at home, for allegedly drinking alcohol and clocking in late. Yengeni's privileges included family visits and the use of his cellphone. Correctional Services also denied Yengeni had gone on a hunger strike to have his privileges reinstated during the course of the probe. - IOL website

How a small car got Mathe back behind bars - 5 December
Annanias Mathe is back behind bars in C-Max after being released from hospital on Tuesday morning. Mathe, the man who escaped from Pretoria's top-security C-Max Prison in November, was shot during his recapture by Netstar staff in Tembisa on Monday. Mathe made a fatal mistake when he robbed a single mom and drove off in a single mom's Citi Golf. - IOL website

4 December 2006
Balfour expresses delight at the re-arrest of Mathe
SA Government Information website

29 November 2006
Address by Deputy Minister of Correctional Services, Ms Loretta Jacobus, on the occasion of launch of antiretroviral (ARV) site and departmental celebration of World AIDS Day, in St Albans Management Area, Port Elizabeth
SA Government Information website

Criminal Justice System

Knife amnesties fail to reduce violent crime - 7 December
Knife amnesties are having no long-term impact on reducing violent crime, according to a Metropolitan Police report. Knife-related violence dips slightly during an amnesty, but the levels return to normal within weeks, the report found. An average of almost 35 knife attacks are carried out in London every day. An eight-week knife amnesty earlier this year caused the average to dip to 31 a day, but the figure had risen back to almost 35 six weeks later. - Telegraph website

Culture

Project aims to put memories on the map - 8 December
The Tsitsikamma National Park has embarked on a cultural heritage programme that includes the recording of oral histories and cultural mapping of important heritage sites. SANParks cultural heritage project manager Richmond Gewers said the park, which was declared in 1964, had previously been a harbour for the local fishing and timber industries. "We have so far initiated two projects in an attempt to gather and record as much information about the region‘s past as possible. Some of the region‘s elderly people can relay stories from the 1920s and 1930s that are valuable for comparison purposes. We can cross-reference stories and try to map out a true history through the eyes of those who lived and worked here". Initiated last year, the oral history programme was started with an evening of remembrance in which locals were hosted at the park in an attempt to jog their memories and to ascertain the nature of their recollections. - The Herald Online website

African haute cuisine takes off - 7 December
Haute cuisine may seem a contradiction in terms on a continent where millions go hungry. But Coco Fathi Reinharz, a half-Belgian, half-Burundian chef, is at the vanguard of a new African fine dining movement that is ditching stodgy, tasteless peasant food for sophisticated dishes with an exotic twist. "All the stereotypes say African culture, art and food are primitive," Reinharz told Reuters in an interview at his Johannesburg restaurant Sel et Poivre. "I want to change that". - Mail & Guardian website

School turns girls into wives for Ndebele - 6 December
Four weeks of "house arrest" doing laundry, scrubbing floors and preparing meals would be a form of punishment for most teenage girls. But in one tribal stronghold of South Africa, it is accepted by the Ndebele people as the final step of a custom that ushers virgin girls from the innocence of childhood into a new life as wives and mothers. Only a handful of groups in South Africa still operate female initiation schools - the rite is more commonly reserved for males, and is far more brutal, involving weeks of tough survival in the wilderness and circumcision. Experts say none of the local groups are known to perform female genital mutilation, an ancient practice that prevails in parts of Africa. - Mail & Guardian website

SA bride price moves from cattle to cash - 6 December
The tradition of "lobola", or dowry, has long been common throughout Southern Africa as the groom's family gives a gift, typically cattle, to the family whose daughter is joining their household. But in modern South Africa, where few urbanised families have room for pastures, the calculations move quickly to cash. Some men think they have bought their wives and for both parties, inflation is complicating romance. "It is a beautiful ceremony that has been bastardised by opportunistic people and inflation," said Amanda Gcabashe, a traditional healer. - Mail & Guardian website

Education

Teacher says sorry for insulting students - 9 December
A teacher accused of calling his pupils "scum of the earth" and "dregs of society" before refusing to be in their official class photo, was forced to apologise during a special assembly. Ben Jordaan, a Grade 7 teacher at Table View Primary School in Cape Town, was also accused of manhandling one of the pupils and shoving him from the classroom during an altercation. School principal Kobus Smit said the relationship between Jordaan and his pupils had been "problematic and uncomfortable" the whole year and things came to a head last week when a parent took up the issue with the school. He confirmed that Jordaan had apologised to the Grade 7 pupils and to an individual pupil during an assembly. "But we've addressed the problem internally and everyone is happy," Smit said. - IOL website

Family Law

Maintenance

Families to receive R650 000 in maintenance - 1 December
About 600 beneficiaries will be paid a total of R650 000 in unclaimed maintenance money through a single family court, said the department of justice and constitutional development on Friday. Department spokesperson Lazarus Mothupi said the unpaid beneficiaries - mostly women - had been traced through the department's Operation Isondlo. Payments will be made on Saturday at the Johannesburg Family Court. - IOL website

Health

Determining a viable dispensing fee - 6 December
[Di McIntyre interviewed by Anso Thom]
Government recently announced its new dispensing fee for pharmacists. It's a highly contentious topic with pharmacists claiming that they will not be able to survive if they stick to the numbers put forward by government. University of Cape Town professor Di Mc Intyre, one of the top health economists on the continent, had the sticky task of chairing the government's Pricing Committee which recommended the new dispensing fees and has been tasked with devising a number of measures to reduce the cost of medicine. In the latest development pharmacists have asked government to postpone the implementation of the new fee on January 1. McIntyre spoke exclusively to Health-e News Service. - allAfrica website

Judiciary

Top Cape judge cleared of wrongdoing - 8 December
Cape Judge President John Hlophe has been cleared of wrongdoing over his receipt of a R10 000 monthly retainer for work done for the asset management group Oasis, the South African Broadcasting Corporation reported on Friday. - Mail & Guardian website

Mixed reactions to Hlophe ruling - 8 December
South African Lawyers for Human Rights says the legal fraternity should accept the decision of the Judicial Services Commission (JSC), clearing John Hlophe, the Cape Town judge president, of any wrongdoing. However Douglas Gibson, the Democratic Alliance chief whip, says despite the JSC's decision, Hlophe should resign. Gibson says : "I apologise to the people of South Africa for voting for Hlophe when I was a member of the Judicial Services Commission, I made a mistake". - SABC News website

Labour Law

Teacher union declares formal dispute - 8 December
The South African Democratic Teachers' Union (Sadtu) formally declared a dispute on Friday with the Department of Education over non-payment of teachers. The dispute was declared over an agreement on incentives - termed "accelerated progression payments" for good performance - Sadtu said. The collective agreement had been taken in the Education Labour Relations Council (ELRC) in 2006, said Shireen Pardesi, Sadtu negotiator. - Mail & Guardian website

Minerals and Energy

Cape Town refuses to extend RED 1 licence - 8 December
The Cape Town city council will not extend the licence of the Western Cape regional electricity distributor, known as RED 1, when it expires at the end of this month. Ian Neilson, the head of the city's finance portfolio, said yesterday: "We are not prepared to transfer our assets into a public entity and therefore lose control. We will only go forward with RED 1 if it remains under municipal control". - Business Report website

Minister urges City not to dissolve RED - 8 December
Minerals and Energy Minister Buyelwa Sonjica has urged the City of Cape Town to reconsider its decision to dissolve the country's first Regional Electricity Distribution (RED) situated in the city. - BuaNews Online website

Cabinet puts muscle behind plan to set up biofuels sector - 8 December
The cabinet has approved a plan to establish a biofuels industry that is expected to attract R6 billion in investment. The plan, which will be funded by the government and private investors, might create 55 000 jobs and meet 75 percent of the country's renewable energy requirements by 2013, the cabinet said yesterday. A task team would submit a more detailed plan to the cabinet in May. - Business Report website

Sasol Sustainable Development Report 2006
Sasol website

Source : Chan

Municipal Management and Procedure

eThekwini receives thumbs up for good financial management - 7 December
The eThekwini Metro has once again received a thumbs up from an international rating agency as the city that manages its finances well. This bodes well for the city's chances to attract most needed investment. For the third time in many years, the city managed to keep its clean credit slate by retaining an A+ short credit rating and an AA long-term rating. The rating was conducted by the Global Credit Rating agency (GCR). - BuaNews Online website

Provincial Government

Debate wanted over future of provinces - 5 December
The ANC in the Eastern Cape wants to initiate a debate on the future of the provinces with the newly elected provincial executive committee engaging the national leadership to conduct research on the viability of the provinces. A resolution adopted at the fifth provincial conference comes against the background of a statement by Provincial and Local Government Minister Sydney Mufamadi earlier this year that the future of the provinces was being considered, with one focus being whether there was a need to reduce the current number of nine. - The Herald Online website

Eastern Cape

EC Dept of Health goes online - 7 December
The Department of Health in the Eastern Cape has launched a new innovative website to provide members of the public with easy access to government programmes and services. The website will facilitate interactive, two-way communication and feedback within the department and with communities. According to MEC Nomsa Jajula, the website will provide opportunities to reach and connect with people in all areas in the province. "Information is power; those without it have no power to have access and to benefit from government services," she said. - BuaNews Online website

7 December 2006
Speech by the Eastern Cape MEC for Health, Ms N Jajula, at the launch of the innovative website
SA Government Information website

Road Accident Fund

29 November 2006
Arrest and conviction of fraud syndicate leader
SA Government Information website

Social Welfare and Development

Cabinet pours cold water on basic income grant - 8 December
South Africa's Cabinet appears to have poured cold water on a basic income grant - called for recently by Social Development Minister Zola Skweyiya - turning instead to ways to find "exit strategies" to reduce reliance on social grants. In a statement on Thursday after a Cabinet meeting in Pretoria on Wednesday, Cabinet spokesperson Themba Maseko said the Cabinet had noted a proposal for linking social grants to poverty alleviation initiatives and other economic activities. But it said the beneficiaries of social grants - "most of whom are able-bodied individuals" - would be given incentives linked to exit strategies. - Mail & Guardian website

South African Police Service (SAPS)

SAPS gets tech-savvy - 7 December
The South African Police Service (SAPS) is beefing up its cyber crime-fighting capabilities. "The commercial branch members will be sent on the 'First Responder' course, commencing in early 2007, which will enable officers to go on the scene and create mirror images of information stored on hard drives and cellphones, and follow the electronic footprint of the crime," says senior superintendent JA van Wyk, section commander for bank-related crime. - ITWeb website

Trade and Industry

Cabinet-approved BEE codes are drawing criticism - 8 December
The cabinet has approved the long-awaited codes of good practice on broad-based black economic empowerment (BEE). Lionel October, deputy director-general at the department of trade and industry (dti), said the codes would be gazetted in the new year. However, before the ink has dried on the cabinet's sign-off, senior black business people have said the new codes would impede transformation of the business landscape. - Business Report website

BEE may have SA revisiting the old racial criteria - 7 December
Sooner or later Parliament or the Constitutional Court will have to determine the criteria upon which South Africans will once again be racially classified. Each institution will no doubt try to pass the buck to the other, but in the end one of them will have to perform this odious task. - all Africa website

Taxman at odds with Asian giants on trade data - 6 December
South Africa's trade with the two emerging Asian giants, India and China, is growing rapidly. But the extent of trade flowing from South Africa to both countries is uncertain because of huge discrepancies between data published by the SA Revenue Service (Sars) and figures from the data collection agencies in the recipient countries. This anomaly is discussed in a working paper by Ron Sandrey, a senior research fellow at the Trade Law Centre for Southern Africa - Business Report website

Clothing and textile quotas

Co-operating to compete - 8 December
Widely described as a "grand" and "pragmatic" gathering, the message was resoundingly clear. "Both China and Africa have a strong desire to deepen a mutually beneficial pragmatic co-operation and enhance the solidarity of developing countries, the south-south cooperation," reads the Beijing declaration. On the occasion of the 50th anniversary of establishment of diplomatic ties between China and African countries, there was a charm offensive in the theme, "friendship, peace, cooperation and development", of the third ministerial Forum on China-Africa Co-operation (FOCAC) held in Beijing last month. . . . China has in many instances been rightly lambasted for exporting cheap manufactured goods on the back of poorly paid workers, decimating local sectors like textiles and clothing and destroying jobs in the process, and flouting UN-sanctioned trade embargoes against governments and countries in the continent deemed to be despotic. Despite China''s regular reaffirmation of its commitment to mutual respect and "non-interference in the internal affairs of other countries", the policy has oddly been applied in the African continent on a "no strings attached" and "dollar diplomacy" business practice. Which begs the question : Might China's peculiar brand of "pragmatic co-operation" at this year's FOCAC summit be seen as evidence of the same kind of pragmatism that has dominated the country's relationship with pariah countries like Zimbabwe and Sudan? - Business in Africa website

Duane's World - 4 December
The South African textiles industry has been going through some turbulent times recently. There can be no doubt that the local manufacturing industry has lost jobs due to an increase in imports from countries such as China. I would like to give some global context to these imports from China and quotas, and also some recommendations of what local manufacturers and retailers need to do. Deloitte Research has studied this area and I would like to highlight some of the findings. - allAfrica website

Chronometer - 4 December
Yet another Western Cape clothing manufacturer closed its doors last month. Rockland Textile was a black economic empowerment venture that came into being about a year ago when Towles Edgar Jacobs, formerly one of the biggest clothing companies in the province, went into provisional liquidation. Much was made of the rescue attempt at the time, with the provincial government and South African Clothing and Textile Workers' Union (Sactwu) going to some lengths to support black-owned Rock Investments' bid to keep the factory going and save up to 600 jobs. Alas, all for nought. The 80-odd employees who did manage to hang on to their jobs for an extra 12 months are out on the streets despite their best efforts. CE Wentzel Oaker was quoted in the local press saying in hindsight "we should have cut our losses sooner, but in trying to mitigate our initial investment exposure we ended up with greater losses". - allAfrica website

Trade and econ implications of the S African restrictions regime on imports of clothing from China - 24 October 2006
After some deliberation but not consultation, the South Africa Government announced its Memorandum of Understanding relating to restrictions on the importation of clothing from China with the Chinese Government in late August 2006. This agreement sparked a lot of controversy (to say nothing of ill-informed comment) and, as a result, this note seeks to put the restrictions in perspective.
Working paper by Ron Sandrey. - TRALAC website

Transport

Radebe rejects tax alliance demands - 6 December
The government has rejected a demand from the National Taxi Alliance (NTA) to be given the same status as the SA National Taxi Council (Santaco), raising the prospect of further taxi industry protests. This follows a meeting yesterday between transport minister Jeff Radebe, transport MECs and the NTA to continue discussions on the grievances raised by the NTA last month during a protest that gridlocked highways and streets in major cities around the country. The protest was against the government's R7.7 billion taxi recapitalisation project. - Business Report website

Road hogs, law dodgers beware on N3 - 5 December
The KwaZulu-Natal Road Traffic Inspectorate (RTI) yesterday put its experimental average speed determination (ASD) system into effect on a stretch of highway between Durban and Pietermaritzburg. ASD measures average speed based on a pair of licence plate recognition (LPR) units and issues a ticket automatically via the mail. The system can also alert authorities if it detects vehicles associated with fugitives from justice, suspects in criminal cases or wanted persons. It can also check passing traffic for stolen vehicles, or those with expired licences or false number plates. - ITWeb website

Take to the road at your peril - 5 December
If you are stopped at a roadblock this festive season, beware. If road traffic officials don't fine or arrest you, then the tax man is likely to get you. Together with road traffic officials and police, tax officials from the South African Revenue Services and immigration officials from the Department of Home Affairs will also be present at all roadblocks as part of this year's road plan. Tax evaders and illegal immigrants will be arrested at these roadblocks.Repeat traffic offenders are also at risk of having their vehicles impounded. The department is currently compiling a list of these offenders which will be forwarded to the Assets Forfeiture Unit - the cars will then be seized and forfeited to the State. - IOL website


Africa

Kenya

New probe call over Kenya death - 6 December
The father of Julie Ward - a British woman murdered in Kenya 18 years ago - is calling on the country's president to reopen the inquiry into her death. John Ward is in Kenya to deliver an open letter to Mwai Kibaki saying new witnesses and DNA mean the investigation should be started afresh. Miss Ward, from Suffolk, was 28 when her charred, dismembered remains were found in the Masai Mara game reserve. - BBC News website

Rwanda

Doubts over French genocide claim - 4 December
A witness says his testimony was distorted by a French inquiry which accused Rwandan President Paul Kagame of killing his predecessor. Former Rwandan soldier Emmanuel Ruzigana denies admitting to being part of a group that assassinated the president, reports a French newspaper. Earlier, Mr Kagame accused France of "bullying" his country after a judge issued arrest warrants for his aides. Rwanda has cut off diplomatic relations with France over the accusations. - BBC News website

Zimbabwe

The agonies of Zimbabwe - 9 December
One problem with labeling states as pariahs is that it’s all too easy to forget about them. Robert Mugabe’s Zimbabwe is a prime example: it is under economic sanctions by the United States and the European Union and few tourists go there, so the suffering of its people is largely out of sight and out of mind. Yet things are truly terrible. Editorial. - New York Times website

Court appeal by spies delayed : report - 8 December
Three men convicted in Zimbabwe of spying for South Africa look likely to spend another Christmas in prison after their appeal hearing at the Harare High Court was delayed indefinitely, reports said on Friday. Former ambassador to Mozambique, Godfrey Dzvairo, former bank secretary Tendai Matambanadzo and the ruling Zanu-PF party's former director for external affairs, Itai Marchi were convicted in February last year under Zimbabwe's Official Secrets Act of supplying party information to South Africa's intelligence services. The men, all closely linked to President Robert Mugabes ruling Zanu-PF, received sentences of up to six years and have been in custody since their arrest in December 2004. - IOL website

Harare is the world's most expensive city - 6 December
Zimbabwe's capital, Harare, ranked as the world's most expensive city for expatriates, largely due to soaring inflation, displacing Oslo and Tokyo from the top slots, a human resources firm said yesterday. - Business Report website

Zimbabwe puts limits on school fees - 5 December
Zimbabwe, reeling under an economic meltdown, has frozen fees charged by private schools and will impose jail terms on offenders, Education Minister Aeneas Chigwedere was quoted as saying. - Mail & Guardian website

Miscellaneous

How to steal a diamond
In an arid region north of Cape Town, diamond theft is viewed as the proper work of man. This attitude extends across much of the southern part of Africa, draining profits and fueling political unrest. - The Atlantic Online website
Although published in March 1999, this article makes interesting reading


Asia

China

China 'executes dam protester' - 7 December
The Chinese authorities secretly executed a man who took part in violent protests against a hydroelectric project in 2004, his lawyer said. Chen Tao was among tens of thousands who demonstrated against the Pubugou dam in Sichuan province. Locals say the dam will displace 100 000 people. The protests turned into a riot which left a policeman dead. Mr Chen was found guilty of killing the policeman. Mr Chen's lawyer, Ran Tong, said he had not been allowed to attend his appeal. - BBC News website

Chinese anger at humiliation of prostitutes - 7 December
A parade of prostitutes by police aimed at naming and shaming sex workers in southern China has sparked a backlash by an unusual coalition of lawyers, academics and the All-China Women's Federation. As part of a two-month crackdown on vice in the booming city of Shenzhen, public security officers hauled about 100 women and some of their male customers through the streets on November 29. Handcuffed and wearing bright yellow prison tunics, people in the parade attracted large crowds of curious onlookers. Although the women tried to cover their faces with surgical masks, it was not enough to hide their identities because police revealed their names, hometowns and dates of birth while publicly sentencing them all to 15 days in prison. - Mail & Guardian website

China Aids patients win damages - 5 December
A group of Chinese people with Aids are to receive more than 20m yuan ($2.5m; £1.3m) in compensation in a landmark case, state media report. The 19 people contracted HIV after receiving blood transfusions from illegal blood-sellers operating within a hospital in north-east China in 2004. They developed Aids and are said to be living in poverty. One has died. - BBC News website

Sri Lanka

Sri Lanka invokes anti-terror law - 6 December
Sri Lanka's cabinet has announced sweeping anti-terror measures after months of worsening violence between security forces and Tamil Tiger rebels. Ministers stopped short of banning the rebels but tightened existing emergency laws which have been dormant since a 2002 ceasefire that is now in shreds. Security forces will have wide-ranging powers to search, arrest and question. - BBC News website


Australasia

Australia

Australia overturns cloning ban - 6 Decembr
Australia's parliament has lifted a ban on cloning human embryos for stem cell research, despite opposition from the prime minister and other party leaders. The House of Representatives approved the legislation by a vote of 82 to 62. It was passed by the Senate last month. It will clear the way for researchers to engage in therapeutic cloning. Scientists hope stem cell research will lead to treatments for conditions including Parkinson's and Alzheimer's, as well as spinal cord injuries. - BBC News website


Europe

Serb suspect 'can be force-fed' - 6 December
Judges at The Hague have ordered that Serbian war crimes suspect Vojislav Seselj be force-fed if necessary to stop him dying from a hunger strike. A doctor who examined Mr Seselj said he could die within two weeks if he persisted with his protest. The 52-year-old ultra-nationalist leader "could have a cardiac arrest", said French doctor Patrick Barriot. Mr Seselj denies charges of driving the ethnic cleansing of former Yugoslavia in the 1990s wars. - BBC News website

Finland ratifies EU constitution - 5 December
Finland has become the latest country to ratify the European constitution, four weeks before the end of its six-month stint as EU president. Finland hands over the presidency to Germany, which has pledged to seek a solution to the constitution problem. Sixteen of the 25 EU states have now largely completed ratification. But French and Dutch voters rejected the treaty in referendums in 2005 and UK Home Secretary John Reid described it on Monday as a "dead parrot". - BBC News website

Poland

Poland notes Ukraine 'genocide' - 6 December
The Polish parliament has adopted a resolution labelling the 1930s famine in neighbouring Ukraine as genocide. It follows a similar move by the Ukrainian parliament last month. The Polish lower house expressed sorrow at the deaths of millions of people in Ukrainian villages, and blamed the Soviet regime of the time. The famine resulted from Stalin's collectivisation programme and ruthless grain requisitions, but experts are divided on whether it was intentional. - BBC News website


Middle East

Iraq

Saddam Hussein Trial

Deadly gas smelled like flowers, Saddam court hears - 7 December
A Kurdish doctor told Saddam Hussein's genocide trial on Thursday that children vomited blood, animals died and people sustained skin rashes and itching following a flower-smelling gas that blanketed his northern Kurdish village in a 1987 military offensive under the deposed regime. - Mail & Guardian website

Saddam appeals death sentence - 3 December
Lawyers for Saddam Hussein and two former aides sentenced to death lodged appeals on Sunday, the Iraqi chief prosecutor said, following a trial slammed by some human rights experts as unfair and flawed. - IOL website


United Kingdom

Anti-Terrorism

Families charged for Iraq inquest documents - 5 December
Families of servicemen who have died during the Iraq war have had to pay as much as £600 for documents used at the inquests into their deaths, the Government has admitted. Harriet Harman, the constitutional affairs minister, pledged to raise the issue with Defence Secretary Des Browne after meeting with relatives of 11 service personnel who died in the conflict. Among those meeting with Miss Harman was a man who had to pay £600 for access to papers that the Army and coroner already had. Relatives are charged per page for the documents relating to their loved one's death. The relatives of the deceased servicemen also complained about information being blanked out on documents they were given and requested that inquests be regionalised. - Telegraph website

Culture

Full text of Blair's multiculturalism speech - 9 December
Telegraph website

Blair : paying religious groups is a mistake - 9 December
Tony Blair formally declared Britain's multiculturalist experiment over today as he told immigrants they had "a duty" to integrate with the mainstream of society. In a speech that overturned more than three decades of Labour support for the idea, he set out a series of requirements that were now expected from ethnic minority groups if they wished to call themselves British. These included "equality of respect" - especially better treatment of women by Muslim men - allegiance to the rule of law and a command of English. If outsiders wishing to settle in Britain were not prepared to conform to the virtues of tolerance then they should stay away. He added : "Conform to it ; or don't come here. We don't want the hate-mongers, whatever their race, religion or creed. If you come here lawfully, we welcome you. If you are permitted to stay here permanently, you become an equal member of our community and become one of us. The right to be different. The duty to integrate. That is what being British means." - Telegraph website

Emigration and Immigration

Youths want no migration controls - 4 December
Four out of five youngsters believe people should be able to live in any country they choose, a BBC global survey of 15 to 17-year-olds suggests. Two-thirds also say that they would emigrate to secure a better future, and one in seven said they would risk their life to reach another country. The results come from a survey of 3,000 teenagers in 10 cities as part of the BBC's Generation Next series. The key areas of questioning were immigration, climate change, terrorism and war, crime, religion, education, global population and honesty. On the question of immigration, 79% thought that people should be able to live in whichever country they chose and 64% said that they would emigrate to secure a better future. The proportion of respondents that would emigrate to secure a better future was highest in Nairobi (81%) and Delhi (81%). In Baghdad, 50% of the sample said they would not emigrate - the biggest negative response of all 10 cities. - BBC News website

Family Law

Molly Campbell to stay in Pakistan until January - 8 December
Schoolgirl Molly Campbell, ordered to return to her mother in Scotland by a judge, will remain in Pakistan at least until January after an appeal by her father was postponed. - Telegraph website

Foreign Affairs

Policies 'aid Muslim extremism' - 4 December
British Muslims are being driven into the arms of violent extremists by official attempts to engage with them after the 7 July bombs, a study claims. Policies since the attacks in London have "driven a wedge" between Muslims and the wider community rather than isolate extremists, the report says. The study, by think tank Demos, accused ministers of failing to engage Muslims over British foreign policy in Iraq. It called for "community relations to be at the heart of security policy". - BBC News website

Health

Baby car seat 'cot death' concern - 8 December
Babies should not be left asleep in car seats unchecked because there is a risk they will stop breathing, warn experts. Problems arise because reflexes that keep the baby's head upright and their breathing normal are still developing. The British Medical Journal study authors say modifying car safety seats so a baby's head does not flop forward could help avoid the risk. - BBC News website

Experts urge tighter rules on drug trials - 8 December
Experts investigating the clinical trial that left six volunteers seriously ill today called for tighter controls over the testing of new drugs. The Government-appointed scientists said more needed to be done to collect and share information on unpublished clinical studies of substances that could be dangerous to humans. The Medicines and Healthcare products Regulatory Agency (MHRA), which gives permission for trials to go ahead, should also have access to more advice from external specialists, the committee led by Professor Gordon Duff said. - Telegraph website

Miscellaneous

Tests 'prove' Diana driver drunk - 8 December
DNA tests on blood samples appear to prove the driver of Princess Diana's car was drunk on the night of her fatal accident, the BBC has learned. The tests indicate original post-mortem samples, which showed Henri Paul was three times over the French drink-drive limit, were accurate and were his. BBC Two programme The Conspiracy Files was told the French authorities carried out the tests within the past year. Conspiracy theorists have claimed that Mr Paul's blood samples were swapped. - BBC News website

Diana inquest hearings to be public - 8 December
Lady Butler-Sloss has agreed to hold the preliminary hearings of the inquest into the death of Diana, Princess of Wales in public. The meetings, scheduled for early January, were due to be held in private but a spokesman for the Judicial Communications Office said she had been persuaded to change her mind because of public interest in the case. Mohammed Fayed, the father of Diana's lover Dodi who was also killed in the 1997 Paris car crash, had threatened legal action over the matter. - Telegraph website

Bahrain tragedy boat 'unstable with poor safety gear' - 8 December
Inherent instability, poor safety equipment and an unqualified crew all contributed to the deaths of 58 people when a party boat capsized in Bahrain, an inquest has ruled. Nine Britons were among the victims on board the wooden dhow, which sank in calm waters on March 30 this year. Alison Thompson, sitting at West London Coroner's Court, cited a Bahraini report into the disaster, which found that the vessel had been "clearly and dramatically altered" with a superstructure built on to the traditional boat, thereby destabilising it. The inquest heard that escape doors on the lower deck were locked, while lifebuoys were fastened to handrails with nylon ropes. - Telegraph website
Keyphrase :
Cathy Judd

'Millionaire' grovels to get his job back - 5 December
A man quit his job and sent colleagues out to buy champagne when he thought he'd won £1-million (about R14-million) - only to find it was a mistake. Car salesman Steve Moseley danced on his desk after he thought he had won a scratchcard jackpot. He phoned his girlfriend to tell her he had quit his job and was rushing off to buy an Aston Martin, reports The Sun. But 45 minutes later his celebrations were cut short when he phoned the National Lottery claim hotline to be told he hadn't won. Steve had mistaken a 16 for a 15 on his 24 Karat Gold scratchcard. When Steve realised his mistake he had to grovel to his boss, telling him : "I've made a dreadful mistake". Steve was given his job back - but resigned days later after getting stick from colleagues. He now works for another dealer. - IOL website


United States

Copyright

Film pirate gets seven years - 5 December
A man convicted of recording films using a camcorder in cinemas has been sentenced in the US to seven years in jail. The man was the first to be charged in a nationwide campaign against video piracy. "It is hoped the sentence will deter further unlawful conduct and protect the public," the judge in the case, Dean Pregerson, said. Johnny Ray Gasca was found guilty in 2005 of copyright infringement. He was also convicted of using a fake social security number and of fleeing his lawyer's custody while awaiting trial. He represented himself in his trial, which lasted a week. Gasca said he did not record the films for profit, but the prosecution case included diary excerpts in which Gasca wrote that he earned $4 000 a week through his actions. The resulting copies of films were sold in small shops or directly on the street, the prosecution said. - The Register website

Courts

HP pays $14.5m to end 'spy' probe - 8 December
Hewlett-Packard (HP) has agreed to pay $14.5m (£7.4m) to settle a civil lawsuit over its much-criticised investigation into a boardroom leak. The probe by the Californian attorney general came after allegations that HP had wrongly spied on its directors to try and find the source of the leak. HP said its payment to the attorney general's office did not mean it accepted any liability. The spying scandal led to the departure of the firm's chairman Patricia Dunn. - BBC News website

Court rejects class action against banks - 6 December
Wall Street banks, accused of manipulating the prices of initial public offerings of technology companies during the market boom of the late 1990s and cheating small investors out of hundreds of millions of dollars, will not have to face a huge securities class-action lawsuit, a federal appeals court ruled yesterday. The decision was seen on Wall Street as a huge victory. The investment banks faced making payments of billions of dollars to settle the accusations - if they chose not to risk a trial - involving potentially millions of investors, lawyers involved in the case said. - New York Times website

US court ponders the value of pets - 4 December
When Denis and Sarah Scheele's dog was fatally shot after wandering onto a man's property, they sued - and not just for damages. The couple also wanted compensation for their emotional distress and loss of companionship. Their case is one of a growing number around the country that asks courts to recognise what dog owners already do : that man's best friend is worth more than its retail price. - IOL website

Cyberlaw

Bill would make sex offenders submit e-mail addresses - 7 December
Two US senators said on Thursday they would introduce legislation that would potentially protect users of popular social networking sites like News Corp's MySpace from registered sex offenders. New York Democrat Charles E. Schumer and Arizona Republican John McCain, in a press release, said they planned to introduce a bill at the beginning of the 110th Congress in January that would require registered sex offenders to submit their active e-mail addresses to law enforcement. The legislation would enable social networking sites like MySpace to cross-check new members against a database of registered sex offenders and ensure that predators are unable to sign up for the service. Under the proposed legislation, any sex offender who submits a fraudulent e-mail could face prison. - CNet News website

Senate passes Bill to criminalize pretexting - 8 December
The Senate passed legislation last night that would make it a federal crime to obtain a person’s telephone records without permission, an act known as pretexting. The measure, which was approved by unanimous consent last night and is similar to a bill passed earlier in the House, imposes a fine of up to $250 000 and imprisonment of up to 10 years for duping telephone companies into divulging the calling records of private individuals. The penalties can go up under special circumstances, like cases involving domestic abuse. - New York Times website

Senate may vote on pretexting bill this week - 7 December
Before politicians go home for the year at the end of the week, the U.S. Senate may vote to generally prohibit telephone "pretexting," a stealthy and usually fraudulent investigative technique made famous by a high-profile probe of media leaks at Hewlett-Packard. - CNet News website

Companies face new legal rules on keeping e-mails, instant messages - 1 December
US companies will need to know more about where they store e-mails, instant messages and other electronic documents generated by their employees in the event they are sued, thanks to changes in federal rules that took effect Friday, legal experts say. The changes, approved by the Supreme Court's administrative arm in April after a five-year review, require companies and other parties involved in federal litigation to produce "electronically stored information'' as part of discovery, the process by which both sides share evidence before a trial. - Silicon Valley website

Education

Constitutional amendment for homeschoolers? - 5 December
Michael Farris, cofounder of the Home School Legal Defense Association and chancellor of Patrick Henry College has called for an amendment to the US Constitution to protect the rights of parents to educate their children at home. This is an unalienable, God-given right that is not recognized under international law. On Sept 12, 2006, the European Court of Human Rights handed down a decision that affirmed the power of the German government to ban home education. Farris fears that if the United Nations Convention on the Rights of the Child were ratified by the Senate or adopted by the federal courts as enforceable international law, American homeschooling could be banned in deference to state education favoring pluralism. - WorldNetDaily website

Court reviews race as factor in school plans - 4 December
By the time the Supreme Court finished hearing arguments on Monday on the student-assignment plans that two urban school systems use to maintain racial integration, the only question was how far the court would go in ruling such plans unconstitutional. There seemed little prospect that either the Louisville, Ky, or Seattle plans would survive the hostile scrutiny of the court’s new majority. In each system, students are offered a choice of schools but can be denied admission based on their race if enrolling at a particular school would upset the racial balance. - New York Times website

Emigration and Immigration

Court rejects interpretation of immigration drug law - 6 December
The Supreme Court rejected the government’s interpretation of immigration law on Tuesday, ruling that a noncitizen is not subject to mandatory deportation for a drug crime that, while a felony in the state where the crime was prosecuted, is only a misdemeanor under federal law. The Immigration and Nationality Act contains a list of aggravated felonies that includes “a drug trafficking crime.” This phrase, in turn, is defined not in the immigration law, but in the criminal code as “any felony punishable under the Controlled Substances Act,” the basic federal narcotics law. - New York Times website

US people smuggler found guilty - 4 December
A US lorry driver has been convicted over a failed attempt to smuggle dozens of people illegally into the US. Nineteen of more than 70 immigrants crammed into the back of Tyrone Williams' lorry died during a journey towards Houston in May 2003. Williams, who could face the death penalty, was convicted on 58 counts of conspiracy and illegal transportation. He was found guilty on 38 counts last year, but had his sentence overturned on appeal, leading to a retrial. Of the 58 counts against him in the current trial, 20 carry a possible death penalty. - BBC News website

Environment

Senate passes bill touting energy-efficient servers - 8 December
President Bush is poised to sign into law a bill that urges Americans to buy more energy-efficient computer servers. The US Senate late on Thursday unanimously approved a bill that proclaims it is "in the best interest of the United States for purchasers of computer servers to give high priority to energy efficiency as a factor in determining best value and performance for purchases of computer servers". The measure, sponsored by Rep. Mike Rogers, a Michigan Republican, is identical to a version that passed the House of Representatives in July by a 417 to 4 vote. The law would also instruct the Environmental Protection Agency to conduct a study analyzing the state of the art of data centers and servers in the U.S., including potential cost savings from the use of energy-efficient products. The EPA is then supposed to recommend new ways to attract interest in energy-efficient products, which has been the goal for years of the government's Energy Star initiative. - CNet News website

Health

US criminal charges filed against scientist - 5 December
A top scientist at the National Institutes of Health whose alleged failure to disclose consulting contracts with a drug company helped set off a probe of possible ethical lapses by researchers was criminally charged yesterday with violating federal conflict-of-interest rules. Pearson "Trey" Sunderland III, 55, who was chief of the Geriatric Psychiatry Branch of the National Institute of Mental Health, faces one misdemeanor count that could bring a year in prison and a $100 000 fine, federal prosecutors said. The charge was outlined yesterday in a document called a "criminal information" - a signal that Sunderland had waived the usual grand jury indictment process, and that a plea agreement may be forthcoming. In charging Sunderland, prosecutors alleged that he accepted $285 000 in consulting fees and other payments from the Pfizer Inc drug company between 1997 and 2004. Sunderland, who lives in Chevy Chase, failed to list these payments on the required disclosure forms, prosecutors said. At the time, Sunderland's department was working with Pfizer in research to identify chemical warning signs of Alzheimer's disease. As part of the research, Sunderland helped provide hundreds of government-owned tissue samples for analysis. - Health Sentinel website

New York bans most trans fats in restaurants - 6 December
The New York City Board of Health voted yesterday to adopt the nation’s first major municipal ban on the use of all but tiny amounts of artificial trans fats in restaurant cooking, a move that would radically transform the way food is prepared in thousands of restaurants, from McDonald's to fashionable bistros to Chinese take-outs. - New York Times website

Calorie shock at the counter - 6 December
New York City’s first-in-the-nation order to ban trans fats from all city restaurants has received wide attention. But the most important health dividends might well come from a less prominent measure that was also approved by the city’s Board of Health yesterday: a requirement that fast-food restaurants post the calories in their offerings in large type and in readily visible positions. The likely shock when patrons realize just how many calories they are imbibing with their oversized burgers and fries or richly sweetened coffees may provide just the right impetus to propel overweight customers toward a healthier diet. - New York Times website

Human Rights

Former detainees argue for right to sue Rumsfeld over torture - 8 December
Lawyers for former detainees in Iraq and Afghanistan argued in federal court on Friday that Defense Secretary Donald H. Rumsfeld was personally responsible, and thus legally liable, for acts of torture inflicted on their clients by American military interrogators. The nine plaintiffs, Iraqi and Afghan men held at American-run prisons, endured an array of physical and psychological abuse during their confinements in 2003 and 2004, including beatings, mock executions and painful physical restraints, their lawyers said in court papers. All were eventually released without being charged with crimes. - New York Times website

At least 5 Marines are expected to be charged in Haditha deaths - 5 December
At least five marines are expected to be charged, possibly as early as Wednesday, with the killing of 24 Iraqis, many of them unarmed women and children, in the village of Haditha in November 2005, according to a Marine official and a lawyer involved in the case. The charges are expected to range from negligent homicide to murder, said a senior Pentagon official familiar with the military's nearly nine-month investigation into the episode. Several marines from the Third Platoon of Company K, Third Battalion, First Marine Regiment, are accused of killing the villagers after a roadside explosion killed one of their comrades. Charges could also be brought against an additional one or two marines, the Marine official said, including one officer who was in the vicinity of the killings but did not participate in them. - New York Times website

Minerals and Energy

US approves Indian nuclear deal - 9 December
The US Congress has voted in favour of allowing the export of civilian nuclear fuel and technology to India for the first time in 30 years. The legislation will now be sent to President George W Bush to be signed into law. - BBC News website

Privacy

US to create 'risk assessments' of air passengers - 5 December
The US Department of Homeland Security has implemented a data-mining system for all passengers traveling to the U.S., including travelers from the European Union. The Automated Targeting System (ATS) is a data-mining system that will let the agency create "risk assessments" of tens of millions of travelers. The information will be held for 40 years, and even US citizens will have no right to view those risk assessments. - CNet News website

Feds implement mass passenger data trawl - 1 December
Whenever the US government runs afoul of public opinion with some data-mining scheme threatening to invade the privacy of millions, it changes the name and then goes ahead as planned. We had the Computer Assisted Passenger Pre-screening System (CAPPS-2), a scheme to mine official and commercial databases and produce a threat assessment of each passenger. After the public indicated its displeasure, its name was changed to the warmer and fuzzier "Secure Flight", but Congress still shut it down due to privacy and accuracy concerns. Now it's back, with a new name and acronym, the Automated Targeting System (ATS). Nothing warm or fuzzy about that ; it sounds like part of some hi-tech weapons system. But naturally, it's just CAPPS/Secure Flight by another name. - The Register website

Trade Marks

McDonald's puts patent on sandwiches - 21 November
McDonald's wants to own the rights to how a sandwich is made. The fast-food chain has applied for a patent relating to the 'method and apparatus' used to prepare the snack. The burger company says owning the 'intellectual property rights' would help its hot deli sandwiches look and taste the same at all of its restaurants. It also wants to cut down on the time needed to put together a sandwich, thought to have been dreamt up by the Earl of Sandwich in 1762. - Metro website

Source : Denise

Miscellaneous

When the lottery ticket just wasn't... - 7 December
A man who created a "winning" lottery ticket and planted it at work as a practical joke was sentenced to a year of probation for forgery and tampering with public records. James Koons also was fined $2 500 (about R17 600) and may have to pay the legal fees of the co-worker who was arrested after trying to redeem the Powerball ticket at Pennsylvania Lottery headquarters. Koons' lawyer said his client meant to play a prank on co-workers when he left the bogus $853 000 ticket underneath a newspaper in his trucking company's break room in November 2005. Brian Miller was charged with unsworn falsification after telling investigators he purchased the ticket, which had in fact been created on Koons's home computer. A jury acquitted him in May. - IOL website

Wall Street Journal to unveil new design - 4 December
The Wall Street Journal, whose wide pages and text-rich look have long been an icon of the United States newspaper business, is about to undergo several changes that include cutting 7,6cm off its width. Along with the size reduction, which is equivalent to about one of its columns, the newspaper will add more colour and graphical elements, including greater use of photographs. It also will have fewer stories "jump" inside the newspaper. - Mail & Guardian website


International

Health

Governments, donors falling short of antiretroviral treatment goals - 2 December
Governments and international donors are falling short of their goals of providing antiretroviral drugs to HIV-positive people in developing countries who need them, according to a report released on Tuesday by the International Treatment Preparedness Coalition, the International Herald Tribune reports. The United Nations and the Group of Eight industrialized nations by 2010 aim to have 9.8 million people worldwide receiving antiretroviral treatment, but current trends indicate that the world will miss that goal by five million people, the report -- titled "Missing the Target #3: Stagnation in AIDS Treatment Scale Up Puts Millions of Lives at Risk" - said. - News-Medical-Net website

see Report at http://www.aidstreatmentaccess.org/


United Nations

Council given new draft over Iran - 9 December
France, Germany and the UK have drawn up a new draft of a proposed United Nations Security Council resolution aiming to curb Iran's nuclear efforts. The draft details which materials Iran would be banned from acquiring under possible Security Council sanctions. - BBC News website


Miscellaneous E-Things

The dilemma over future storage formats - 7 December
Last week, I noted that a typical storage format–floppy disk, cassette tape, even DVD–has a society life of about ten years. After that, it becomes an increasing burden to rescue everything, to keep vigilant, to keep spending money and time shunting it forward onto the next-generation formats. As usual, your comments were astoundingly thoughtful and astute. Read on . . . "How long does an official deed have to last? Or a map showing the locations of hazardous waste? Or the transcript of a murder trial? And, as you rightly point out, 'How long does a typical format last before society abandons it? Usually less than ten years' ". - Pogue's Posts blog

World of virtual lessons for e-business - 1 December
Many of us who are active on the internet, giving our views on what is happening, are used to getting "flamed" (having hostile messages about us posted online). But things have got a bit scarier over the past few months, as people start confusing the virtuality of the web with the realities of life. In the UK, a person had their throat slashed by someone who tracked them down after statements were made about the attacker in an online chatroom. No sleuthing was required - the victim had provided their real name and address in the public profile data. there does seem to be more of a move to see the internet as the source of all truths, and the increasing number of unfiltered blogs and social sites provides more and more opportunities for people to take exception to things that have been said, typed or printed. - The Register website

Internet Archive wins copyright reprieve - 30 November
The Internet Archive project has won an exemption from US copyright law, overcoming an obstacle which threatened the entire work of the not-for-profit group. It can now host copies of obsolete computer games and software without fear of prosecution. The Library of Congress has published six exemptions to the Digital Millennium Copyright Act, which criminalises duplication of material copyrighted to someone else. The exemption is from punishment for breaking the kinds of copy controls on material which are designed to stop unauthorised duplication. - Out-Law.com 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

Wiki

Wikipedia : to use or not to use"
Article by Caryn Wesner-Early
FreePint website


Vacancies

Professional Assistant
Arishna Lutchman

I am an admitted attorney of the High Court of South Africa, currently practising at a law firm in Pietermaritzburg. I wish to apply for a position as a Professional Assistant, Legal Consultant, Advisor or any suitable position for an attorney.

Languages

English, Afrikaans and Hindi

Experience

Litigation and preparation for litigation in civil, criminal, debt collections and maintenance matters ; identification and application of appropriate legal principles to facts ; drafting of legal pleadings, letters ; negotiation and settlement of legal disputes (conduct and preparation of Magistrate Court trials and legal arguments in civil application and criminal matters) ; High Court and Magistrates Court litigation (preparation of legal opinions and briefs for counsel, advocacy ; legal consultations with clients in civil, criminal, maintenance, divorce matters) ; drafting of legal pleadings, letters, contracts, lease agreements wills (identification and application of appropriate legal principles to facts, legal research) ; Road Accident Fund matters ; conveyancing

Computer literacy

Knowledge of Legalsuite ; Microsoft Word, Powerpoint

Contact

Telephone : 033-391 4423 ; 033-949 182 (w)


Vacancy : Candidate Attorney
Anthony Makan and Associates

has a position for an Articled Clerk

Contact

Anthony
Telephone : 031-306 1987
Fax : 031-305 4872


Marketplace

JutaLaw
Consolidated Practice Manuals of the Deeds Office of South Africa

The Consolidated Practice Manuals of the Deeds Office of South Africa, named "the most comprehensive publication in its class" by S Lefafa, Chief Registrar of Deeds, has finally been published, and we're accepting orders now for delivery in January 2007.

Juta has secured the rights to publish the operating manual of the Deeds Office, available as from 15 December 2006. The aim of the publication is to submit an extensive and modern survey of the entire field of deeds registration practice and procedure.

Written and endorsed by Deeds Office personnel, the publication consists of four sections, each aimed at a specialised field, namely Conventional Deeds Matters, Notarial Deeds Matters, Diverse Legislation and Sectional Title Matters. Although the relevant underlying legal principles are addressed, the focal point rests on specific procedures, accompanied by guidelines for deeds examiners.

The manuals contain useful tables containing easy references to case law, legislation, Chief Registrar's Circulars and Registrars' Conference Resolutions (see below for a full list of contents). A comprehensive index for the work will be issued early in 2007 together with amendments resulting from the latest Conference Resolutions. The electronic version will be available in February 2007.

Owing to the high volume of orders anticipated, we recommend that you place your order now for delivery in mid January 2007.

 


Title : The Consolidated Practice Manuals of the Deeds Office of South Africa
Format : Looseleaf 880pp
Price : R945.00 (incl VAT, excl postage and packaging)
ISBN-13 : 978-0-7021-7416-2
ISBN-10 : 0-7021-7416-5


Contents [Expanded details in Words and Deeds - 9 December 2006]

Section 1 - Conventional Deeds Manual
Chapter 1 : Introduction and General Provisions
Chapter 2 : Contractual capacity
Chapter 3 : The Deed of Grant and various Deeds of Transfer, supporting documents and ancillary matters
Chapter 4 : Transfer of land by means of endorsement and miscellaneous other acts of registration
Chapter 5 : Certificates of Title
Chapter 6 : Subdivision of land
Chapter 7 : The analysis of the Mortgage Bond
Chapter 8 : Miscellaneous registrations in respect of Registered Bonds
Chapter 9 : Certified copies of Deeds and documents
Chapter 10 : Sequence of Deeds

Section 2 - Diverse Legislation Manual
Chapter 1 : Trust Property Control Act 57 of 1998
Chapter 2 : Aspects concerning the Alienation of Land Act 68 of 1981
Chapter 3 : Marriages in terms of the Black Administration Act 38 of 1927 and the Recognition of Customary Marriages Act 120 of 1998 and Intestate Succession of Black Persons
Chapter 4 : The Transfer Duty Act 40 of 1949
Chapter 5 : The Development Facilitation Act 67 of 1995
Chapter 6 : The Upgrading of Land Tenure Rights Act 112 of 1991
Chapter 7 : The Black Communities Development Act 4 of 1984
Chapter 8 : Less Formal Township Establishment Act 113 of 1991

Section 3 - Notarial Practice Manual
Chapter 1 : Notarial Lease Agreements over immovable property
Chapter 2 : Servitudes and Conditions
Chapter 3 : General Powers of Attorney
Chapter 4 : Antenuptial Contracts
Chapter 5 : The analysis of the Notarial Bond

Section 4 - Sectional Titles Manual
Chapter 1 : Opening of a Sectional Title Register
Chapter 2 : Conversion of a Share Block Scheme to Sectional Title Ownership
Chapter 3 : Transfer and mortgage of units and the cession and cancellation of exclusive use areas
Chapter 4 : Subdivision, consolidation and extension of a section
Chapter 5 : The real right to extend the Sectional Title Scheme by the additions of sections and exclusive use areas
Chapter 6 : Sundry dealings with the common property of a Sectional Title Scheme
Chapter 7 : Termination of a Sectional Title Scheme

Appendices
Table of statutes
Table of cases
Table of Chief Registrar's Circulars (CRCs)
Table of Registrars' Conference Resolutions (RCRs)

Orders

For enquiries or to place your order for delivery in mid January 2007,
kindly contact either Bev Purdon on  031-304 4335 (
bpurdon@juta.co.za) or Belinda Du Randt on
031-304 4335 (bdurandt@juta.co.za).


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

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