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

Issue no.226 January 2007

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

Comet McNaught

Comet blows SA away
23 January
News24 website

Contents
Government Gazette Update
Acts
Bills and Draft Bills
Proclamations
Regulations and Draft Regulations
Government, General and Board Notices
KwaZulu-Natal Provincial Gazette
New Books
Pietermaritzburg Library
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
Candidate Attorneys
Conveyancing Paralegal
Conveyancing Secretary
Marketplace
Red Pepper Books
Last Thought
Devil of a disclaimer
Weblog - http://knowgozone.blogspot.com
 

Government Gazette Update

Acts
Adjustment Appropriations Act 14 of 2006

Commencement date : 30 November 2006
GN 1207/GG 29440/30-11-2006

Carriage by Air Amendment Act 15 of 2006

Commencement date to be proclaimed
GN 1301/G 29499/19-12-2006


Bills and Draft Bills
Draft Bill

Housing Amendment Bill, 2006

Issued for comment
GenN 1852/GG 29502/22-12-2006

Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2006

Issue for comment
GenN 1851/GG 29501/22-12-2006


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

Notification by President in respect of entities identified by the United Nations Security Council
PR 51/GG 39500/22-12-2006


Regulations and Draft Regulations
Road Accident Fund Act 56 of 1996

Proposed regulations published for comment
GenN 15/GG 29533/12-01-2007 *

Draft Regulations

National Health Act 61 of 2003

Extension of period for comment on the draft Regulations relating to the obtainance of information and the process of determination and publication of reference price lists published under GNR 1214/GG 29443/01-12-2006 and previous notice of extension of period for comment published under GN 1309/GG 29505/22-12-2006 withdrawn
GN 24/GG 29535/19-01-2007 *


Government, General and Board Notices

Basic Conditions of Employment Act 75 of 1997

Sectoral Determination 1 : Contract Cleaning Sector, South Africa
Correction to GNRr 1139/GG 29385/14-11-2006
GNR 21/GG 29532/12-01-2007 *

Standard Interest Rate

Rate on the interest of government loans
From 1 January : 12.00% per annum
GenN 1855/GG 29493/29-12-2006


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)


New Books

Pietermaritzburg Library
The law of agency
A J Kerr
4th ed
Durban : LexisNexis Butterworths, 2006

News on the Electronic Front

Recent Judgments Available on the Internet

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

Servicemen's labour rights go to court - 25 January
The South African National Defence Force Union (Sandu) wants the Constitutional Court to decide once and for all whether the defence minister must engage with collective bargaining. The union's application for leave to appeal concerns the interpretation of section 23(5) of the constitution, which gives all trade unions, employers' organisations and employers the right to engage in collective bargaining. The application for leave to appeal arose out of three separate cases which were disposed of by the Supreme Court of Appeal in a single consolidated hearing last May and in two judgments in August. All these cases revolved around the interpretation and application of the right of SANDF members to engage in collective bargaining. - allAfrica website

see also :

31 August 2006
307/05
South African National Defence Union v Minister of Defence & Others [2006] SCA 91 (RSA)

31 August 2006
306/05
Sandu & v Minister of Defence & Others [2006] SCA 90 (RSA)

Soldiers 'cannot be stripped of rights' - 8 May 2006
Soldiers cannot be stripped of their constitutional rights just because they are part of a structured military force, the Supreme Court of Appeal heard on Monday. - IOL website

Nose stud issue back to stir emotions - 22 January
The Constitutional Court's first task this year will be to adjudicate on the competing rights of pupils to practise their culture and religion and school governing bodies to set rules regarding uniform and dress. Future legal battles might not affect Sunali Pillay personally, but she and her mother, Navi, are determined to see the issue through and will be in the Constitutional Court in February for the two-day hearing. - The Mercury website


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

Is Schabir Shaik shamming? - 26 January
With South Africa's most celebrated prisoner more than 60 days into his private hospital stay, many readers are asking whether he is really ill, or is Schabir Shaik shamming? One doctor told The Mercury "people with hypertension take medication for it, and they're fine. As for depression, all prisoners are likely to be depressed, that's natural. If the government wants to avoid embarrassment, it should get a second opinion on his condition or we will have no faith in the rules". Judge Nathan Erasmus, who heads up the Judicial Inspectorate of Prisons, said earlier this week : "I am continuously monitoring the situation". - IOL website

Shaik family condemns calls for medical parole - 9 January
Yunis Shaik, Schabir's brother, said Schabir will not apply for parole on the basis of his medical condition. He emphasised that the only action contemplated by Schabir is a challenge before the Constitutional Court. - SABC News website


Commercial Crimes Courts

Johannesburg

Ex-EAAB officer in R1m fraud charge - 24 January
The Estate Agency Affairs Board (EAAB), the statutory consumer protection body of the property industry, was allegedly defrauded of R1million by former vice-chairman Valencia Nontobeko Mazibuko. This was revealed when Mazibuko reappeared in the Johannesburg specialised commercial crime court yesterday on a charge of fraud. Mazibuko said she intended to plead not guilty. She was granted bail of R10 000 and the case was postponed to next month. - Business Report website


Labour Courts

16 January 2007
Public Protector sets record straight regarding Tshisonga matter
SA Government Information website

Maduna slammed in landmark ruling - 7 January
A labour court judge has slammed former justice minister Penuell Maduna in a landmark ruling in favour of a whistleblower he fired, the Sunday Times reported. Maduna and current Scorpions boss, Vusi Pikoli, formerly director-general in the department of justice, were taken to court by the former deputy director-general in the department, Mike Tshishonga. - IOL website


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

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

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

25 January 2007
2728/2002
Marilyn Fortuin v The Minister of Safety and Security
On the 29th March, 2000 the plaintiff was shot in the back at Bonteheuwel, and suffered a gunshot wound. The defendant's liability to the plaintiff in damages was resolved by this Court in the plaintiff’s favour on the 11th April, 2005. The quantum of her damages remains to be decided

25 January 2007
422/2006
Anthony Stephan Pocock v Frederick Gideon Albertus Huysamen
This is an application for a declaratory order declaring the Respondent to be in contempt of the order granted on 7 September 2005, an order for the committal of the Respondent to prison but that the order of committal be suspended on condition that the Respondent complies with the divorce order granted on 7 September 2005. In the course of the divorce proceedings, the Respondent entered into a settlement agreement with one Mrs. Benita Magdalena Huysamen being Respondent’s former spouse. The settlement agreement between the parties was incorporated in the divorce order granted on 7 September 2005. The said order provided for the appointment of the Receiver of the Estate to determine the value of the joint estate. As a result of the inability of the parties (Respondent Mr Huysamen, and Mrs. Huysamen) to arrive at the agreement relating to the division of the assets of the joint estate previously subsisting between them, Applicant was appointed by mutual agreement. The Applicant has launched these proceedings in his capacity as the Receiver of the parties joint Estate whose marriage was dissolved per a divorce order / decree granted by this court on 7 September 2005. In the course of carrying his mandate he requested what he described as essential information to be furnished with, to enable him to fulfill his duties as receiver and to draw an appropriate account which will reflect the manner in which the joint estate that subsisted between the partied should be divided. Despite numerous requests directed to Respondent and his attorneys, Respondent failed to respond thereto

25 January 2007
5195/2003
SDR Investment Holdings Co Pty Ltd and Others v Nedcor Bank Ltd and Another
This action is a sequel to a sale, by public auction, of prime farm land in and around Stellenbosch, consisting of three farms valued at approximately R67 million. The three farms were sold as a unit for a total consideration of R31 million. The sale, by public auction, was preceded by a sales agreement in terms of which the plaintiffs sold the farm Zorgvliet, being one of the three farms, to a third party, Bunkers Hills Investments 625 (Pty) Ltd, at a purchase consideration of R18 million and which agreement of sale the first defendant refused to accept

Plaintiff beware the perils of suing for defamation - 17 January
The law of defamation aims to protect a person's right to an unimpaired reputation. But the history of defamation law reveals a sober warning to defamation plaintiffs : institute defamation proceedings at your peril. By litigating, the plaintiff effectively opens his life to intense public scrutiny. What may have begun as a few offending statements tucked away somewhere in a newspaper, and probably long forgotten by members of the public, will be given enhanced prominence by the media as the trial proceeds. What is worse, if the plaintiff loses his case, he may face a scathing judgment that far outweighs any harm caused by the original article. The judgment handed down last week in the case of Ronald Suresh Roberts v The Sunday Times epitomises these pitfalls. - Business Day website

see
8 January 2007
86677/2004
Ronald Suresh Roberts v Johncom Media Investment Ltd


Durban and Coast Local Division

22 January 2007
564/2002
Singh v Ramparsad, Minister of Home Affairs and Director-General of Home Affairs
The Plaintiff sought the following relief :
"1.1 An Order declaring that, on a constitutional interpretation, the provisions of the Marriage Act No. 25 of 1961 ('the Marriage Act') countenance and recognize the solemnization and legal validity of marriages concluded under the tenets of a religion alternatively do not preclude the recognition of the solemnization and the legal validity of such marriages . . ."
Keyphrase :
Traditional marriage in terms of North-Indian (Vedic) Hindu religion

In terms of Hindu law divorce is not possible.  Parties who enter into a Hindu marriage may seperate, but there is no procedure for termination of the marriage by divorce.

Mrs Singh married Mr Singh in accordance with Hindu law.  They separated, and she wants a divorce.  But the marriage is not a 'legal' marriage, in other words it is not recognised in terms of South African law, so the law cannot come to Mrs Singh's aid and grant her a divorce.

Is the Marriage Act unconstitutional because it does not recognize Hindu Marriages as legal?  This is what Mrs Singh thought, so she took the matter to the High Court (Durban and Coast Local Division)?

Patel J's judgement is very well written, clear and concise.  It addresses not only the immediate issue, but provides a good perspective on how the different categories of marriage in South Africa (religious marriages, 'secular' marriages, customary marriages, marriages under the Marriage Act, and marriages and civil partnerships under the Civil Unions Act) fit together, legally speaking.

The judgement is a must read for all attorneys and will be of special interest to lawyers specialising in family law, conveyancers and notaries.

Source : Lizelle Kilbourn

S Africa starts move for new charges against Zuma - 12 December
South African prosecutors have filed an application for a court order that could clear the way for new criminal charges against former Deputy President Jacob Zuma, a spokesman said on Tuesday. - Reuters website


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

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

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

Zuma Case

Mauritian document request postponed - 12 December
The National Prosecuting Authority's request to have documents pertaining to meetings between Jacob Zuma, French arms manufacturer Thint and Schabir Shaik released from Mauritius, was on Tuesday postponed to March. Zuma and Thint's legal teams will be back in court in March to oppose the State's application requesting the documents to be handed over to the NPA. - IOL website


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

Girl gets hospital, not healer - 25 January
A 16-year-old Limpopo girl who has cancer wants to be treated in hospital. Her mother, who wants to take her to a traditional healer, has even tried to carry her out of the hospital. Now, the hospital in Limpopo has been granted an urgent interdict to prevent the mother from removing her daughter from the hospital until January 30. They've also been given permission to conduct MRI scans on the 16-year-old girl without her mother's permission. - News24 website

Families to accept Gautrain compensation - 26 January
Five families in Marlboro, Johannesburg, with houses on the Gautrain rapid rail link route, reached a settlement yesterday with the Gauteng authorities on expropriation of their properties. This seems to be the last legal hurdle that the Gautrain project will face as construction gathers steam. Last June the Pretoria High Court dismissed an application by a Pretoria residents' association that wanted the project stopped. - Business Day website

Unemployed woman gets R1,2m in RAF damages - 25 January
An unemployed city hawker will receive R1,2-million in damages from the Road Accident Fund following a car accident nearly six years ago in which she suffered severe injuries. The Pretoria High Court on Wednesday ordered that Sithembile Vilakazi of Daveyton was entitled to damages following her ordeal in April 2001. She was a passenger at the time of the collision. - IOL website

Man given 20 years for drowning gardener - 12 December
A Mpumalanga resident was jailed for 20 years by the Pretoria High Court on Tuesday for drowning his gardener in a bathtub in 2005, the SABC reported on Tuesday. Marthinus Nel, a former policeman, earlier admitted to drowning Sydney Tsobolo in a bathtub, putting his body in the boot of his car and dumping it along the N4 highway near Nelspruit. - IOL website


Witwatersrand Local Division

Piggs Peak appeals ruling - 22 January
Casino Enterprises, the company that runs Piggs Peak online casino, among other gambling sites, has appealed an adverse ruling by Pretoria High Court judge Willie Hartzenberg. "We have put in papers to appeal," says the company's operations director Lew Saul Koor. "Piggs Peak served application for leave to appeal on 7 December 2006, in the High Court, against the judgement and order handed down by Justice Hartzenberg on 28 November 2006," says Lucky Lukhwareni, of the Gauteng Gambling Board. - ITWeb website

Child killer begs court for mercy - 12 December
Assaulted, maltreated and starved to death, five-year-old Lihle stood no chance against her abusive mother and lover. But on Monday, Deliwe Brenda Majaja asked the Johannesburg High Court to be spared jail and given a second chance. In October, Majaja and her live-in lover, Chester Rudzani Makhale, 28, were convicted of murdering Lihle. - IOL website


Regional Courts

Bellville

Malatsi laments 'harsh' sentence - 12 December
Former Western Cape MEC for environmental affairs and development planning David Malatsi says he believes his five-year sentence for corruption in connection with his involvement in the multi-million Roodefontein Golf Estate Development was "harsh". Speaking after the sentencing on Monday, Malatsi denied that there was any personal enrichment on his part. - IOL website

Malatsi sentenced to five years in jail - 11 December
Former Western Cape environment and planning MEC David Malatsi was on Monday sentenced to a five year jail term for his role in the Roodefontein corruption case. Belville regional magistrate, Andre le Grange, however immediately granted him leave to appeal his conviction, saying he could not exclude the possibility that another court would come to a different conclusion. - IOL website

Durban

French woman on Aids drugs after beach attack - 11 December
A young French tourist spent her last day in Durban testifying at the hurriedly arranged trial of the men accused of raping her and robbing her and her boyfriend at the city's beachfront. "I don't understand why they did this," she told regional court magistrate Sharon Marks through an interpreter on Friday. "We were sitting peacefully. I thought they would ask us for money. They did not ask me for anything, they just forced me onto the ground". - IOL website

Johannesburg

Agliotti case postponed to June 20 - 25 January
Brett Kebble murder accused Glenn Agliotti had his case postponed to June 20 in the Johannesburg Magistrate's Court on Thursday. Scorpions prosecutor Gerrie Nel told the court : "It's a fairly lengthy postponement date but the state is involved in extradition proceedings to ensure other accused appear in this matter". Magistrate Simon Radasi granted the postponement. - The Citizen website

'Do-gooder' choirboy's bail attempt - 14 December
In a glowing, self-penned testimonial for the Johannesburg Regional Court, Agliotti repeatedly drew attention to his support of charities and described himself as a businessman. He on Wednesday laid out his life history in an attempt for bail. - IOL website

Agliotti gets bail - 13 December
Brett Kebble murder accused Glenn Agliotti was granted bail of R500 000 in the Johannesburg magistrate's court on Wednesday. Magistrate Chris Eksteen said: "The court is satisfied that by way of evidence tendered through the affidavits, sufficient exceptional circumstances exist to grant bail". Agliotti will be placed under 24-hour house arrest and may only leave his Bryanston, Johannesburg home with the written permission of either the investigating officer or the State advocate. Eksteen postponed the matter to January 25. - IOL website


Magistrates Courts

Cape Town

Card fraud suspect wins bail - 23 January
A Bulgarian woman has been released on bail while her Cape Town fiancé awaits formal charges of fraud involving close on R1 million. Antoinette Pitkova, 25, and Mario de Oliveria were arrested at their Table View home late last year. They appeared before Magistrate Mogamad Esau in the Cape Town Magistrate's Court yesterday. The State alleges that the couple manufactured illegal credit cards at their home. - allAfrica website

Durban

No bail for heist gang - 22 January
A 26-man gang of alleged cash-in-transit robbers was denied bail in the Durban magistrate's Court on Monday. They had been "deliberately misleading" and were "not truthful to the court", said magistrate Fariedha Mohamed in finding no exceptional circumstances to warrant the granting of bail. Police arrested 24 of the men at the Mvoti Toll Plaza on the N2 in October last year. It later emerged that at least seven of them were out on bail for other offences, including hijacking. - IOL website

Nelspruit

'I stole to look good' - 26 January
A tourism student cringed with embarrassment when he admitted that he stole face wash to try make himself more attractive for his girlfriend. Wringing his hands, Sbusiso Mphela, 19, a student at the Nelspruit campus of the Tshwane University of Technology, told the Nelspruit magistrate's court : "Your worship, as a man who didn't want to lose his sweetheart, I came up with a bad plan that landed me in jail and here in court. I had a hectic night last night, please don't send me back there. Eish!" Covering his face with his hand, he said he was embarrassed when his girlfriend complained about his pimples and everyone laughed at him. Magistrate Annemarie van der Merwe sentenced him to a fine of R600 or three months in jail, which was wholly suspended for five years on condition he not steal again. - News24 website

Wynberg

'Robber-lawyer' up for fraud - 25 January
A convicted armed robber who got a law degree while in prison appeared in Wynberg magistrate's court on Thursday for representing clients without the Cape Law Society's permission. Archelvin Khanyisa Xolisa Lingani is a candidate attorney who may appear for clients in magistrate's courts, but has not yet been awarded the right of appearance in the regional court. - News24 website


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

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

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/

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

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

SAHRC buckles : staff - 25 January
The South African Human Rights Commission (SAHRC) has been accused by its own employees of bowing to political pressure. Commenting on an internal SAHRC memo leaked to The CitizenThe Citizen, the organisation’s employees accuse their CEO, Tseliso Thipanyane, of gagging them. - The Citizen website

17 January 2007
South African Human Rights Commission (SAHRC) buckles staff : the Commission responds
SA Government Information website

5 January 2007
Response to media reports about the South African Human Rights Commission's findings on presidential pardons
SA Government Information website


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

22 January 2007
Speech by Mr S'bu Ndebele, Premier of KwaZulu Natal on the legacy of King Cetshwayo delivered during the Isithangami, Durban

18 January 2007
Department releases discussion document on linking social grants beneficiaries to poverty alleviation and economic activity

16 January 2007
Research finds no evidence of perverse incentives of social grants

17 January 2007
Notes following briefing by Deputy Minister Aziz Pahad, Media Centre Amphitheatre, Union Buildings, Pretoria

8 January 2007
Letter to the Editor of the Sunday Times by Essop Pahad, Minister in the Presidency

Keyphrase :
Presidential succession debate


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

Interesting Documents and New Bills

Guidelines for Recognition of the Industry Representative Bodies of Information System Service Providers as  contemplated in Chapter XI of the Electronic Communications and Transactions Act, 2002 : http://www.pmg.org.za/gazettes/061214communications-guidelines.htm

Industry Representative Bodies of Information System Service Providers are invited to apply for recognition in terms of Chapter XI of the Electronic Communications and Transactions Act

Committee Minutes

Communications Portfolio Committee
* * * Subscription required * * *

23 January 2007
Committee Programme : ICASA vacancies and review

Defence Portfolio Committee

15 November 2006
Committee 2006 Annual Report : Adoption ; Oversight visit reports : Postponement

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

23 November 2006
Committee programme : Discussion and Adoption

Standing Committee on Public Accounts (SCOPA)

17 January 2007
New Auditor General on National Audit Outcomes 2005-06

Sport and Recreation Portfolio Committee

23 January 2007
World Cup 2010 Host Cities on alleged funding crisis for stadia : Briefing

Parliamentary Monitoring Group website

Cities appeal to treasury over 2010 stadium rules - 24 January
MPs heard a call for the national treasury to meet with accounting officers from all cities building stadiums for the soccer World Cup as well as with the relevant provinces, to examine how their soaring costs can be met. The treasury so far has resisted such a meeting. - Business Report website

Keyphrase :
2010 FIFA World Cup

NCOP Committees

Economic Affairs Select Committee

23 January 2007
Electricity Regulation Amendment Bill B20B-2006 : Department briefing

Land and Environment Affairs Select Committee

23 January 2007
Committee Programme ; Oversight Visit Report and Study Tour : Discussion


Legislation

KwaZulu-Natal Ingonyama Trust Act 3 of 1994

Ingonyama Trust under fire  - 26 January
The act that created the Ingonyama Trust, in which about 2,8-million hectares of the province's land is vested, should be abolished because it discriminates against urban blacks, says Durban Chamber of Commerce and Industry CE Bonke Dumisa. He said people who lived on tribal land, including urban townships such as Ntuzuma and KwaDabeka, could not get normal property title deeds. Instead they got a "deed of grant", which just allowed them to occupy land and build on it. - Business Day website

see Words and Deeds - 26 January 2007 for more

National Credit Act

Credit Act uncertainty persists - 26 January
Furniture retailers are moving ahead with implementing new systems despite uncertainty surrounding the National Credit Act. UCS Software new business development executive Kevin Gray says, while there are still some grey areas in interpretation of the law, retailers are moving ahead as fast as possible. “It's a fairly high-pressure timeline that we are facing here". The Act, which will be in full force from 1 June, aims to protect consumers from unscrupulous lending practices and requires lenders to ensure consumers are financially fit before advancing loans. - ITWeb website

National Environmental Management : Waste Management Bill - http://www.environment.gov.za/docs/DocumentHomepage.aspx?type=D&id=2236

Legislation to tackle SA's waste-management problem – 12 December
South Africa's draft Waste Management Bill, which Cabinet approved for public comment last week, would act as a legal framework that provides a basis for the regulation of the country's "major waste management problem", a government official said on Tuesday. Department of Environmental Affairs and Tourism (Deat) deputy director-general for environmental quality and protection Joanne Yawitch told a media conference that the bill was targeting waste minimisation by promoting avoidance, recovery, re-use and recycling, and using disposal of waste as a last resort. – Creamer Media's Engineering News website

Prevention of and Treatment for Substance Abuse Bill - http://www.socdev.gov.za/legal/2007/drug.pdf

22 January 2007
Publication for comment : Draft Prevention of and Treatment for Substance Abuse Bill
SA Government Information website

New law aims to curb substance abuse - 23 January
Social Development Minister Zola Skweyiya has released for public comment a draft law intended to address the problem of substance and alcohol abuse. Skweyiya said the Prevention of and Treatment for Substance Abuse Bill would help reduce the prevalence of drug abuse among South Africans, particularly children. - Business Day website

Tobacco Products Control Amendment Bill

Tough new law aims to kick smokers' butts - 23 January
Smokers and the companies that market tobacco products are set to be squeezed still further when Parliament's health committee begins work today on draft legislation that will tighten the screws on the smoking community. The Tobacco Products Control Amendment Bill before the committee will further curtail the marketing of tobacco products and the places where smokers can enjoy a puff. The tobacco industry has been using clubs and beaches to host parties to promote their products on the basis that these events are for smokers only. Smokers could, however, now also find that they will not be allowed to smoke outside the doors or under windows of public buildings. - Business Day website

Traditional Leadership and Governance Act

Traditional leaders are important : Mbeki - 14 January
The institution of traditional leadership occupies a unique and important place in South Africa as it is a critical player in reconstruction and development of the country, President Thabo Mbeki said on Thursday. He was speaking at the annual conference of traditional healers in Pretoria, which was attended by among others IFP leader Mangosuthu Buthelezi and Provincial and Local Government Minister Sydney Mufamadi.- IOL website


Useful Links and Items of Interest

South African Law Reform Commission - http://www.doj.gov.za/salrc/index.htm
Media Statement by the South African Law Reform Commission concerning the extension of its closing date for comment on its Investigation into the Review of the Interpretation Act 33 of 1957 (Project 25) until 28 February 2007

In October 2006 the South African Law Reform Commission released its Discussion Paper 112 on Project 25 : Review of the Interpretation Act 33 of 1957, for general information and comment. The Discussion Paper sets out the Commission's preliminary proposals for law reform regarding the Interpretation Act, 1957. The closing date for comment on these proposals was 31 December 2006.  In order to afford respondents more time to consider the Commission’s preliminary proposals and to submit comment on them, it was decided to extend the closing date for comment until 28 February 2007.

Comments or suggestions may be sent either –

By post to :
The Secretary
South African Law Reform Commission
Private Bag X668, Pretoria 0001

By fax to :
0866-863 971 or 012-320 0936

By e-mail to :
pvanwyk@justice.gov.za

Discussion Paper 112 is available on the Internet at the following site : http://www.doj.gov.za/salrc/dpapers.htm  The discussion paper is also obtainable free of charge from the Commission upon request (the contact person is Mr Jacob Kabini at 012-392 9580).

Issued by the Secretary : SA Law Reform Commission

23 January 2007

Contact for enquiries in respect of Media Statement :

Mr P A van Wyk
Telephone : 012-392 9557
Fax : 012-320 0936
E-mail :
pvanwyk@justice.gov.za


Legal Profession

South Africa

Health & Racquet debt letters raise sweat - 12 December
Ever since Health & Racquet Club closed six years ago, the gym chain's former members have been receiving letters from a law firm demanding payment of thousands of rands. Three employees of Independent Newspapers said they had received letters since 2003 from JM Attorneys stating that they owed the club money, despite having settled their accounts. Gert Visser, the managing director of JM Attorneys, said the firm's client, which he would not name, had withdrawn about 25 000 accounts from other debt collectors due to non-performance. He said his firm was acting for a client who had bought a portion of the Health & Racquet debtors book. JM Attorneys had recovered debts from about 35 000 accounts. Mohamed Husain, the president of the Law Society of the Northern Provinces, said the body was "extremely concerned" about letters of demand that created the impression debtors could lose their property without due process. - Business Report website


South Africa

Animal Rights

Stiffer action against animal abusers sought - 12 December
Animal rights activists have held a protest, demanding heavier sentences for animal abusers and that animal abuse be taken seriously. Staging the protest in Johannesburg yesterday, the activists said : "Punishment for the most horrendous acts of violence against animals rarely exceeds a minuscule fine, and one is forced to question if our country takes the offence of animal abuse seriously". Protesters aimed their demands at Constitutional Court Chief Justice Pius Langa. - The Star website

Communications

Expect ICT policy decisions in 2007 - 14 December
Cabinet will make a number of ICT policy decisions next year, says Department of Communications director-general Lyndall Shope-Mafole. Shope-Mafole, who heads the technical support committee of the Information Society and Development Inter-Governmental Relations Forum, addressed the forum's first meeting in Kempton Park this week. - ITWeb website

Correctional Services

4 January 2007
An offender scoops another precious offer after a matric pass rate: Durban-Westville Youth Correctional Centre

SA Government Information website

'Tradition no excuse for cruelty' - 26 January
Tradition should not be used as an excuse for cruelty, the author of Animal Rights in South Africa said on Friday of the controversial slaughter of a bull by fraud convict Tony Yengeni following his release from prison. "Cannibalism, infanticide, female circumcision, slavery, suppression of women, exploitation of children, ritual slaughter, bull fighting, bear baiting, fox hunting . . . are among so-called 'cultural traditions' practised by some groups - the loss of which should not be mourned," said Michele Pickover, author and curator at the University of the Witwatersrand's William Cullen Library. - News24 website

24 January 2007
Culture, rights and wrongs
[Statement by SA Human Rights Commission]
The conviction, incarceration and release of Mr Tony Yengeni have enjoyed considerable media and public debate covering a variety of matters including some fundamental human rights issues. More recently however the decision by the Society for the Prevention of Cruelty to Animals (SPCA) to investigate animal cruelty charges has led to varied and diverse public reaction reminding us that the challenge of being a nation 'united in it's diversity' is more than a slogan but something that requires ongoing engagement and accommodation.
SA Government Information website

23 January 2007
Statement on slaughter ritual [Statement by Arts and Culture Department]
The Ministry of Arts and Culture upholds the constitutional rights of people to practise their culture and, of course, this would include Tony Yengeni and his family to practise their cultural rituals. We wish to encourage the people of this 'nation-in-the-making' to accept that we live in a multi-cultural and diverse society which continues to be characterised by differences in how we do things. Ironically, this offers us an opportunity to learn more about the things that we have in common and thus contribute to enhancing understanding among all the people but to contribute to nurturing a spirit of national unity.
SA Government Information website

'Imagine if Yengeni got hurt' - 23 January
High profile prisoners "must" get special treatment. That's according to a correctional services (DCS) official with 40 years service. He told a TV interviewer on Sunday that special treatment for VIP prisoners like Tony Yengeni and Schabir Shaik was nothing new, nor extraordinary. Erns Kriek, DCS director of pre-release affairs said on SABC3's Interface programme that the prisons had a responsibility towards every inmate, but high profile offenders were handled more carefully than others. This was partly because DCS had to protect its image. - News24 website

SPCA investigates Yengeni for animal cruelty - 22 January
Fraud convict Tony Yengeni could be sent back to jail if found guilty of animal cruelty, the Society for the Prevention of Cruelty to Animals (SPCA) said on Monday. During his home-coming celebrations over the weekend, Yengeni is said to have stabbed a bull with a spear before it was slaughtered for a feast. "If these allegation are true, then this is definitely a criminal offence under the Animal Protection Act," said SPCA spokesperson Andries Venter. "For this kind of an offence a court could sentence a guilty person for up to twelve months' imprisonment," he said, adding that the offence carried a maximum fine of R200 000. - Mail & Guardian Day website

14 January 2007
Mr Yengeni's placement under correctional supervision and parole, Cape Town
SA Government Information website

Courts

Woman may sue for 'unfair' time in jail - 11 December
A domestic worker, arrested more than three years ago on charges of being part of a sex orgy involving her East Lynn employer's four-year-old daughter, is to sue the ministries of justice and of safety and security for damages after she had to sit in jail for 18 months before her name was cleared. Bettie Nkosi was arrested in 2003, along with the child's mother, grandfather and other family members, following allegations they subjected the child to sex orgies. Nkosi, a mother of five, was eventually freed 18 months later when the state withdrew charges against her. Her lawyer, Louise du Plessis, said on Sunday that a summons would be issued soon. She could not say at this stage what amount of damages they would claim. - IOL website

Cyberlaw

Steamy cellphone pics could mean cell time - 12 December
Transmitting sexually explicit pictures or MMS video over cellphones could land the senders in jail, says the Film and Publications Board (FPB). FPB spokesman Iyvar Chetty says the act of transmitting a picture to another person amounts to the distribution of that picture. "If the picture is of explicit sexual conduct, then it would be an offence in terms of section 26(1) of the [Film and Publication] Act unless that picture has been approved for distribution in terms of a decision of the board". Chetty says the question is whether that picture falls within the definition of "explicit sexual conduct", as defined in the Act. "Nudity, per se, is not necessarily explicit sexual conduct. But nudity which focuses on the genitals may amount to explicit sexual conduct", he says. Chetty concedes that enforcing the law on this point could be problematic. - ITWeb website

FPB appoints cyber inspectors - 12 December
The Film and Publications Board (FPB) has appointed two "cyber inspectors" to patrol the information superhighway. The content analysts will follow up public complaints logged with the board's anti-child-pornography hotline, says FPB spokesman Iyvar Chetty. The cyber patrol will also explore and log their own complaints through the random checking of local sites. - ITWeb website

Education

21 January 2007
Joint statement by KwaZulu-Natal Education MEC Ina Cronje and Agriculture and Environmental Affairs MEC Mtholephi Mthimkhulu regarding the opening of farm schools
SA Government Information website

19 January 2007
Response to Business Day article of 29 December 2006 - "Madiba's children fail SA's classroom challenge"
SA Government Information website

Seeds of Matric success sown in early childhood - 8 January
Once again the senior certificate results are devastatingly poor. The headlines scream "Madiba's children fail SA's classroom challenge" (Business Day December 29, 2006) while government puts as much spin on the results as is possible, emphasising that the number of children receiving a senior certificate this year increased to 351503 from 347184 last year, an increase of 1,2%. While only 66,6% of those children who wrote the 2006 senior certificate exam passed, a far more frightening picture emerges when we look at the cohort of children who began grade one 12 years ago. - allAfrica website

'Madiba's children' fail SA's classroom challenge - 29 December
Twelve years ago 1 666 980 South African children started their first year of school - and today just 5% of them are eligible to go to university. Two-thirds of the generation that started school in 1995, known as "Madiba's children", dropped out before they could even register to write matric. - Business Day website

School Fees

Who should pay school fees? - 23 January
Recently, the education minister announced two significant initiatives in connection with school funding. The first - the abolition of fees for the poorest 40% of public schools - should be applauded. But the other initiative is likely to have worrying consequences. The education department’s new fee exemption regulations have extended exemptions to more parents, mainly by making partial exemptions a right for many families who did not qualify for them under the old system. - Business Day website

22 January 2007
KwaZulu-Natal Education MEC Ina Cronje on forced payment and victimisation of school children
SA Government Information website

University of KwaZulu-Natal

A degree of malaise at KwaZulu-Natal University - 23 January
The circumstances surrounding the firing of University of KwaZulu- Natal chief financial officer Kanthan Pillay set a poor example for the students of any institution of higher learning, and the problems haven't gone away. Last week Pillay was one of four staffers punished by the university council for their involvement in the improper award of a commerce masters degree to Pillay, following the release of a first report by the Magid tribunal, which investigated the matter and made certain recommendations to the council. - Business Day website

Varsity axes Pillay - 19 January
The University of KwaZulu-Natal's (UKZN) financial head, Kanthan Pillay, has been axed, reported The Witness on Thursday. Its website quoted the UKZN council's acting chairman, Mac Mia, as saying a full forensic audit was imminent. - News24 website

Freedom of Speech

When free speech becomes hate speech - 8 December
In constitutional terms, hate speech has a clear definition, but in practice it is more difficult to gauge. Section 16 of the Constitution defines hate speech as that which contains propaganda for war; incites imminent violence; or advocates hatred based on race, religion, gender or ethnicity, and seeks to incite harm. Dario Milo, an expert in media law at the firm Webber Wentzel Bowens, says the constitutional definition of hate speech is very tight and that the context of the publication and the words used must be extreme and actively incite harm to be considered hate speech. - Mail & Guardian website

Health

16 January 2007
Minister of Health back in office
SA Government Information website

Medical aid firms caught in cost vice - 13 December
The amendments to the Medical Schemes Act, which seeks to create a risk equalisation fund (REF), would burden medical aid companies with extra administration work, industry experts said yesterday. The amendments to the legislation will provide for the establishment of an REF, which will allow for schemes with healthier members to subsidise those with more sickly members. The new legislation will provide for prescribed minimum benefits, which all schemes must provide for their members. - Business Report website

Human Rights

HIV-positive home owner takes on insurance giants after being refused cover - 22 January
A Cape Town HIV campaigner is reeling after being turned down for life insurance to cover the bond on his new house because he is HIV-positive. The Aids Law Project has warned that the issue is likely to end up being fought in the Constitutional Court. In the context of freely-available antiretroviral treatment, refusing cover on the basis of HIV status is "unfairly discriminatory", according to the Project's Fatima Hassan, who says the issue is definitely headed for the law courts. Personal Finance quoted AllLife's managing director, Ross Beerman, as saying that traditional life assurers were turning down applications for life cover from between 600 and 800 people a month because they are HIV-positive. - The Star website
Keyphrases :
Brett Anderson
Metropolitan Life
Old Mutual
Sanlam

Judiciary

Mabandla faces storm over 'racism' - 26 January
Justice Minister Brigitte Mabandla has come under fire from three opposition parties for refusing to allow experienced white advocates to be appointed as acting judges in the Free State. "There are excellent black judges on the bench, but the pool from which they come is still small. We need much more patience in transforming the bench," IFP chief whip Koos van der Merwe said. "The minister, in banning the appointment of white judges, demonstrates that she does not care at all that 25% of the criminal matters will now have to be postponed in the Free State ; that many thousands of rands will be wasted because of the unnecessary postponement of cases; and that the backlog of cases, criminal and civil, will increase". - Business Day website

Labour Issues

Defence force union threatens mass action - 13 December
The SA Security Force Union (Sasfu) has threatened mass action countrywide if the Department of Defence does not deal with its members concerns. - IOL website

Master's Office

Advice body appeals to minister on justice probe - 23 January
More than six months after the Open Advice Democracy Centre (Odac) asked the justice department to release documents relating to allegations of fraud and corruption in the Cape Town master's office there has been no response, and the centre is now appealing to Justice Minister Brigitte Mabandla for help. The centre has come to the aid of a Cape Town woman who was widowed in 1995, and whose late husband's estate has not yet been finalised. The woman - who asked not to be identified for fear of reprisals - wants information regarding a forensic investigation conducted by the chief master's office in Pretoria in 2002 into allegations of fraud and corruption involving employees of the master’s office in Cape Town, and individuals who were appointed as executors of various estates. - Business Day website

Minerals and Energy

Cost of keeping SA miners out of the loop - 24 January
Given that SA will again be hosting the annual African Mining Indaba next month, it is perhaps a good time to indulge in a spot of healthy introspection about the local industry. In particular, it may be a good time to make more audible the rumbling dissatisfaction about South African exchange controls, which tend to fly in the face of government's own ambitions for growth in the junior mining sector. It is the ban on "loop structures" that is causing much of the trouble. A loop occurs when a South African resident invests in a non-South African company which, in turn, is invested either in the common monetary area or in a country that forms part of the Southern African Development Community (SADC). Article by Andrew Mitchell of law firm Bell Dewar & Hall. - Business Day website

Blackouts : R1m-per-day penalty proposed - 24 January
A proposed bill to amend electricity regulation could see distributors like Eskom and municipalities slapped with fines of up to R1-million a day if blackouts occur. "If you had blackouts, there could be recourse," said Ompi Aphane, chief director of electricity at the department of minerals and energy. He was addressing the National Council of Provinces' (NCOP) select committee on economic and foreign affairs on Tuesday. The amendment bill follows on the heels of the Electricity Regulation Act, which was passed last year but left out some key regulatory issues. The Electricity Regulation Amendment Bill also looks at investing in infrastructure and having a clearly defined regulatory regime. - IOL website

Manuel defends Eskom - 22 January
The power outages that plunged much of South Africa into darkness last week will not hurt economic growth or cost the nation nearly as much as some have predicted, Finance Minister Trevor Manuel said on Monday. Factories, mines and homes throughout Africa's economic powerhouse lost electricity last Thursday without warning, prompting fears that a looming energy crisis could trim the nation's fast-growing economy. - News24 website

Erwin happy with team probing outage - 18 January
Public Enterprises Minister Alec Erwin said on Thursday he was happy that a competent team had been put together to find out the cause of Thursday's power cuts. - iAfrica website

South African Police Service

19 January 2007
Policy Advisory Council of the South African Police Service (SAPS)
SA Government Information website

8 January 2007
South African Police Service (SAPS) Commercial Branch ? A force to be reckoned with
SA Government Information website

South African Revenue Service

10 January 2007
Aggressive tax restructuring
SA Government Information website

Small Business Tax Amnesty

24 January 2007
Draft regulations published for small businesses
The Minister of Finance today published draft regulations for public comment that prescribe the circumstances under which the South African Revenue Service (SARS) may waive additional taxes, penalties and interest for qualifying small businesses. These measures are part of the SARS Small Business Tax Amnesty process. They are applicable to small businesses that have already provided returns to SARS or have been assessed by SARS for taxes, since full amnesty is not available for these taxes. Additional tax, penalties and interest may have been levied on these taxes, thereby increasing the outstanding amount of the small businesses' tax debt
SA Government Information website

Excerpt :
"An applicant applying for the waiver must submit an application before 31 May 2007"

Tourism

Mistake in KZN festive spend total - 12 December
A serious error by SA Tourism skewed last year's festive season spend for KwaZulu-Natal to R5.6 billion from R2.6 billion, the figure on which this year's estimate had been based, James Seymour, Tourism KwaZulu-Natal's general manager for information services, said yesterday. "SA Tourism made a serious calculation error, in terms of which the average spend per tourist was based on a group spend of R1 500 a day rather than an individual spend of R600 a day". - Business Report website

Trade and Industry

Codes of Good Practice on Black Economic Empowerment - http://www.dti.gov.za/

Government announced final draft on BEE codes - 14 December
The government has unveiled its final blue print for broad-based Black Economic Empowerment in South Africa. Announcing the final BEE codes of goods practice in Johannesburg, Mandisi Mphahlwa, the trade and industry minister, expressed confidence that they will silence those who say BEE benefits only a few. - SABC News website

Clothing and textile quotas

Quotas to enable restructuring of local textile sector - 20 January
Quota implementation on Chinese goods will enable South African textile industry to rebuild itself and compete in international markets according to Ebrahim Patel, General Secretary of South African Clothing and Textile Workers Union. Import quantity concerning 31 types of goods will be restricted due to the agreement. As a result, retailers could turn to local producers to fulfill requirements. - fibre2fashion website

Textile import restrictions to boost local industry - 19 January
New restrictions on Chinese clothing and textile imports that are to be implemented this month, will not have a significant negative effect on South African clothing industry as yet. South African Clothing and Textile Workers Union general secretary Ebrahim Patel says "quotas will give the sector an opportunity to restructure and become globally competitive". - Creamer Media's Engineering News website

Lotteries

Uthingo takes Lotto setback to court - 24 January
The controversial decision by the National Lotteries Board (NLB) to award the national lottery licence to the Gidani consortium is heading for a showdown in court, after losing bidder Uthingo said yesterday that it is pursuing the matter legally. Controversy has surrounded government’s decision to award Gidani the licence almost from the start, with the chequered past of the consortium’s foreign partner, Athens-based Intralot, surfacing almost at the same time as it emerged that high-profile individuals with connections to the African National Congress (ANC) were shareholders. The Lotteries Act prohibits the award of the lucrative licence if it is found that a political party or political office-bearer had any direct interest in the consortium. - Business Day website

Miscellaneous

Mining engineering is a gold-digging career - 11 December
A world-wide shortage of technical skills in mining has led to many mining projects being put on hold, says Professor Huw Phillips, head of the Wits School of Mining Engineering. "This shortage of technical skills is likely to continue into the foreseeable future," he said. - IOL website


United Kingdom

Defence

Doctor who refused to go to war in Iraq back in Dunedin - 26 January
Malcolm Kendall-Smith is back at his mother's home in Dunedin, but he's staying mum. The former Royal Air Force doctor, jailed last April for refusing to go to war in Iraq, says he is unable to give an interview under the conditions of the British Official Secrets Act. He was released in July from Chelmsford jail and served the remainder of his sentence, until September, on home detention, tagged and under curfew. He had compared the invasion of Iraq to a Nazi war crime. - Stuff website

Freedom of Religion

A law unto themselves - 24 January
If Tony Blair grants the Catholic church's wish to continue in their discrimination, religious people will soon become above the law. So the Archbishops of Canterbury and York have written to Tony Blair in support of Cardinal Murphy-O'Conner's request for an exemption for the Roman Catholic church on gay adoption. What does it really ask? It asks the prime minister to grant the Roman Catholic church's wish to continue being prejudiced and discriminatory in attitude and practice against a section of society whom texts 2000 and more years old instruct them to regard as abominations. Prejudice and discrimination are abominations. So are those who actively seek to maintain them. - comment is free website

Privacy

Serious Crime Bill expands data sharing powers - 18 January
The Home Office has extended the powers of the UK Government to share information on citizens between departments and agencies and with the private sector. The measures are contained in the just-published Serious Crime Bill. - Out-Law website

Miscellaneous

Neighbours upset about willy-shaped Xmas tree - 12 December
A South Yorkshire man upset his neighbours - with his willy-shape outdoor Christmas tree. Alan Parkin, 47, from Penistone, trimmed his three metre conifer into a phallic shape and decorated it with red and white lights. Officers visited his home and asked him to remove the lights to make the tree less suggestive. But Mr Parkin has agreed to go all the way - and give the tree the snip. - IOL website


United States

Anti-Terrorism

Apology not accepted - 19 January
It is hard to render a convincing apology when you are not really apologizing. Consider Charles Stimson, the deputy assistant secretary of state for detainee affairs, who has been trying to spin his way out of his loathsome attempt to punish lawyers who represent inmates of the Guantánamo Bay internment camp. Last week, Mr Stimson expressed his "shock" that major American law firms would represent terrorism suspects, hinted that they were paid by unsavory characters and suggested that companies should reconsider doing business with them. On Wednesday, Mr Stimson said he apologized and regretted that his comments "left the impression" that he was attacking the integrity of those lawyers. It was not just an impression. It was exactly what he did. Mr Stimson actually read out a list of law firms during an interview with a radio station friendly to the Bush administration. - New York Times website

DOJ asks federal court to dismiss US torture lawsuit against Rumsfeld - 8 December
US government lawyers asked a federal judge Friday to dismiss a lawsuit against outgoing US Secretary of Defense Donald Rumsfeld  in connection with alleged torture and abused by US personnel in Iraq and Afghanistan, arguing Rumsfeld is entitled to immunity. The ACLU and Human Rights First sued Rumsfeld and other military officials in 2005 on behalf of eight former detainees. The suit asserts that Rumsfeld bears direct responsibility for abuses and that his actions violated the US Constitution, federal statutes and international law. DOJ lawyers argued Friday that detainees held overseas do not have constitutional rights and therefore an exception to the general rule of immunity which allows suit when an official violates a plaintiff's constitutional rights does not apply. - Jurist website

Courts

Supreme Court constrains judges’ power in sentencing - 22 January
The Supreme Court invalidated California’s criminal sentencing law on Monday, ruling that the 30-year-old statute gave judges authority that the Constitution places with juries. The 6-to-3 decision will require the California courts to reconsider thousands of sentences as the Legislature contemplates its options for amending the statute to meet the justices’ objections. - New York Times website


International

Anti-Terrorism

SA pair wants evidence of terror listing - 23 January
The lawyer of two South Africans accused of having links to al-Qaeda has asked the foreign affairs department to clarify reports of their proposed listing on the United Nations suspected terrorists' list. Junaid Dockrat, a dentist from Mayfair, Johannesburg and his cousin, Farhad Ahmed Dockrat, have been named by the US government as terror suspects with links to Osama bin Laden's al-Qaeda and the deposed Taliban in Afghanistan. "They are not on the list at the moment . . . the request to include them [by the US government to the UN Security Council] was only made on 18 January," lawyer Shaheed Dollie told Sapa. - IOL website

Company Law

RI, Caymen Island, S Africa combats money laundering - 12 December
Indonesia through the Financial Transaction Analysis and Report Center (PPATK) forged cooperation with the financial intellegence agencies of Cayman Island and South Africa in preventing and combating money laundering. A spokesman for PPATK, Natsir Kongah, said here on Monday that the cooperation agreements were strategic, considering that Caymand Island was one of the biggest financial centers in the world, while South Africa was also the biggest financial center on the African continent. - Antara News website


United Nations

2 January 2007
South Africa assumes non-permanent seat on United Nations Security Council (UNSC)
SA Government Information website


Miscellaneous E-Things

SMS here to stay - 13 December
Short message service (SMS) is the most successful mainstream mobile data service to have grown out of the 30-year history of the cellular industry, says international research firm Gartner. On a global basis, the international research firm predicts the number of SMSes transmitted worldwide will hit 2.3 trillion by 2010. Last year, Gartner estimates, 936 billion SMSes were sent worldwide. - ITWeb website

Comes v Microsoft CL 82311 - http://www.iowaconsumercase.org/

Fun reading in Microsoft's Iowa lawsuit - 22 January
It might be months before a jury begins deliberations in a class-action antitrust suit against Microsoft Corp. in Iowa. The rest of us can spend that time reading e-mails company executives never intended to be public. The case has resulted in the disclosure of large volumes of internal Microsoft memos and messages - some recent enough to shed new light on issues still relevant to the company. - Seattle Post-Intelligencer website


Miscellaneous

Key events of the year gone by - 12 December
iAfrica website


E-Tips

Virus Alerts

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

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

Google

The technology behind Google's great results
Building upon the breakthrough work of B F Skinner, Larry Page and Sergey Brin reasoned that low cost pigeon clusters (PCs) could be used to compute the relative value of web pages faster than human editors or machine-based algorithms. And while Google has dozens of engineers working to improve every aspect of our service on a daily basis, PigeonRank continues to provide the basis for all of our web search tools. PigeonRank's success relies primarily on the superior trainability of the domestic pigeon (Columba livia) and its unique capacity to recognize objects regardless of spatial orientation. The common gray pigeon can easily distinguish among items displaying only the minutest differences, an ability that enables it to select relevant web sites from among thousands of similar pages. By collecting flocks of pigeons in dense clusters, Google is able to process search queries at speeds superior to traditional search engines, which typically rely on birds of prey, brooding hens or slow-moving waterfowl to do their relevance rankings. - Google Technology website [
This page was posted for April Fool's Day - 2002]

Thanks to Guy the Disbeliever


Publishing

Lulu : self-publishing, free - http://www.lulu.com/
Publish and sell easily within minutes. No set-up fees. No minimum order. Keep control of the rights. Set your own price. Each product is printed as it is ordered. No excess inventory.

Self-publishing cheaply - 13 December
Unlike expensive vanity publishing of the past, today an author need not part with a penny to see their words in print and can even make money. In just three years, Canadian Internet entrepreneur Bob Young's Lulu has gone from nothing to a turnover of $16-million (about R112-million) and is now publishing 2 500 new titles a week by unknown authors from across the globe. "Our mission is not to discover the next Harry Potter - although every author who comes to Lulu thinks they have the next Harry Potter - but to provide an outlet for ordinary people," Young told Reuters. "Ordinary publishers . . . want 100 authors selling a million books each. We want 1-million authors selling 100 books each. We are the long tail of publishing". - IOL website


What's Being Discussed on the Internet This Week

Baarmy sheep ringtone (Cumbria Tourism)
http://mediafiles.thedms.co.uk/publication/CU/download/ringtones/baarmyshp.mp3
 

see also http://www.golakes.co.uk/baarmysheep/


Vacancies

Professional Assistant
Mohajane Mokonoto Inc

seeks a qualified Professional Assistant / Attorney

Requirements

Must be an admitted attorney
Must have a driver's license
Own transport is an advantage

Available immediately

Fax CV to 035-450 2583
or deliver to 2 Symmonds Street, Melmoth 3835


Candidate Attorneys
Required urgently for Durban Law Firm

Send CV to 031-306 1456 (fax)
or telephone Prabashni on 031-307 7002


Conveyancing Paralegal
Legator, McKenna Incorporated

urgently required in Umhlanga Village area. Must be conversant with GhostConvey, Law and Regibond packages. Salary commensurate with experience.

Fax CV to 031-304 5455
or email to
vacancies@legatormckenna.co.za


Conveyancing Secretary
Mohajane Mokonoto Inc

seeks a qualified Conveyancing Secretary

Requirements

Hardworking
Ability to work under pressure

Available immediately

Fax CV to 035-450 2583
or deliver to 2 Symmonds Street, Melmoth 3835


Marketplace

Red Pepper Books
Scientific examination of question documents
Jan Seaman Kelly and Brian S Lindblom
2nd edition
CRC Press, 2006
ISBN 0849320445
464 pp
Red Pepper Price : R1 379
Delivery : three weeks

Presents new analytical techniques used in the field
Provides examination of digital documents and copiers
Details the latest information from ASTM
Includes QDE (Questioned Document Examination) in light of recent court decisions

Considered the forensic document examiner's bible, Scientific Examination of Questioned Documents is an authoritative and comprehensive reference that focuses on the pertinent advancements made within the field. This newest edition presents the qualifications necessary for a well-trained examiner and details the most up-to-date methodologies used in the field. An essential guide for the novice and the seasoned professional, it is also an informative reference for the layperson who is interested in the subject.

Featuring chapters written by several forensic document examination experts, this new edition is extensively revised to reflect post-1982 developments. Since that time, new avenues of written communication have emerged, as well as the proliferation of desktop computers and printers. Both of these factors have strongly impacted the nature of the examinations performed and the methodologies used. The book thoroughly explores the complexities involved in keeping current with these developments and does so, in some instances, aided by the presentation of a variety of documents and case studies.

Discussion topics include infra-red exams, the use of computer hardware and software in document examination, and innovative chart making techniques. New chapters cover computer printer technologies, facsimiles, techniques for the detection of digitally manipulated documents and photocopies, ASTM standards for reporting conclusions along with advanced examination techniques. Updated chapters include expanded discussion of ESDA and other analytical tools, document dating, modern stamp making technology, and more.


Cybercrime and society
Majid Yar
Sage Publiations, 2006
ISBN 9781412907545
200 pp
Red Pepper Price : R401
Delivery : three weeks

"Criminology has been rather slow to recognise the importance of cyberspace in changing the nature and scope of offending and victimisation, and a comprehensive introductory textbook on cybercrime and its social implications is long overdue. One of the many strengths of Majid Yar's book is that it avoids 'techy' jargon and unites criminological and sociological perspectives in discussions of cybercrime, cyber-deviance and cyber-freedoms. Yar successfully de-mystifies a subject that causes many criminologists to feel out of their depth (or at least their comfort zone). Cybercrime & Society should be the first point of reference for any student of new media and crime" - Dr Yvonne Jewkes, Reader in Criminology, The Open University

Cybercrime and Society provides a clear, systematic, critical introduction to current debates about cybercrime. It locates the phenomenon in the wider contexts of social, political, cultural and economic change. It is the first book to draw upon perspectives spanning criminology, sociology, law, politics and cultural studies to examine the whole range of cybercrime issues, including :

computer hacking
cyber-terrorism
media 'piracy'
financial fraud and identity theft
online stalking
hate speech
pornography
surveillance

The book takes an international perspective, drawing on research, case studies and examples from the UK, the US, Europe and beyond. It includes chapter outlines and summaries, further reading and a glossary. The book is an essential resource for all students and academics interested in cybercrime and the future of the Internet.


Investigating white-collar crime : embezzlement and financial fraud
Hoawrd E Williams
2nd edition
Charles C Thomas, 2006
ISBN 9780398076498
362 pp
Red Pepper Price : R546
Delivery : three weeks

Investigating White-Collar Crime explains two basic questions every investigator must answer when beginning a financial investigation : "What am I trying to prove?” and “How am I going to prove it?” This book examines the criminal elements unique to embezzlement and fraud that often confound investigators, whose lack of expertise in accounting and auditing makes it difficult for them to prove the offences. Chapters are included on criminological theory and the law related to white-collar crime, embezzlement, fraud, identity theft, accounting and auditing theory for investigators, financial interviewing and interrogation techniques, subpoenas and search warrants, evidence and documentation, proving illicit transactions, and case preparation and report writing. The author examines these issues from the practical view of a white-collar crimes investigator who helps police investigators gain a better understanding in detecting, investigating and preventing white-collar crime. Information is also contained on recent highly-publicized cases and explains how the Financial Institutions Reform, Recovery and Enforcement Act of 1989 and the Sarbanes-Oxley Act of 2002 can benefit investigators who work such cases. With interest in the newest white-collar crime on the rise, the author has included a new chapter dedicated to identity theft. Additionally, the book contains new ratio analysis tools and explains how to use Benford's Law to discover fraudulent receipts.

Chapters

1.   White-Collar Crime
2.   Embezzlement
3.   Fraud
4.   Identity Theft
5.   Accounting Theory for Investigators
6.   Auditing Theory for Investigators
7.   Financial Interviewing and Interrogation
8.   Public Information, Subpoenas, and Search Warrants
9.   Evidence and Documentation
10. Proving Illicit Transactions
11. Case Preparation and the Investigative Report


▪ Please note that due to fluctuations in the rates of exchange, prices quoted are only valid for a period of 30 days [from 19 January 2007].  Availability may also change without prior notice from the publisher or distributor.

▪ Prices include VAT.

▪ Please note that a postage fee may be charged for low volume orders.

▪ Some books may not be available through our website.

Should you wish to place an order please e-mail the "Customer is King Team" : desiree@redpepperbooks.co.za, olivia@redpepperbooks.co.za or june@redpepperbooks.co.za.  Alternatively please fax 011-768 1110.


Last Thought

Devil of a disclaimer - 16 December
Legal warnings and disclaimers on web pages must be among the most widely ignored texts in the history of human communication - which gives their composers a certain creative freedom. We particularly like the one that Dik Allison found at www.derbyshireguide.co.uk, which reads as follows :

This information is provided to the best of our knowledge. We have collected and collated it in good faith but we are not responsible for its accuracy and anyone intending to make use of this information is advised to check it out.

Well that's the legal stuff sorted.

Should you decline to comply with this warning, a leather winged demon of the night will soar from the deep malevolent caverns of the white peak into the shadowy moonlit sky and, with a thirst for blood on its salivating fangs, search the very threads of time for the throbbing of your heartbeat. Just thought you'd want to know that.

Source : New Scientist website


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)

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