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

Issue no.2814 September 2007

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


Trinity College Library, aka, The Long Room, Dublin, Ireland

Librophiliac love letter : a compendium of beautiful libraries
Everyone has some kind of place that makes them feel transported to a magical realm.
For some people it's castles with their noble history and crumbling towers.
For others it's abandoned factories, ivy choked, a sense of foreboding around every corner.
For us here at Curious Expeditions, there has always been something about libraries.
Row after row, shelf after shelf, there is nothing more magical than a beautiful old library.
Curious Expeditions website

Source : OSALL (Lydia)

Contents
News
Law Society of South Africa - Refugee Backlog Project
Commercial Mediation
Mediation Training
Family Workshop - Divorce
Government Gazette Update
Acts
Bills and Draft Bills
Regulations and Draft Regulations
Government, General and Board Notices
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
E-Tips
WWW Why Work the Web - Making the Internet Work for You

 
News

Law Society of South Africa - Refugee Backlog Project
Refugee Backlog Project - Department of Home Affairs

In terms of Government Gazette number 30175 dated 15 August 2007 the Minister of Home Affairs announced a grace period for all asylum seekers in terms of the refugee backlog project covering the period 1 September 2007 to 31 October 2007.

In terms of this indulgence asylum seekers who have lodged applications for asylum in terms of the Refugee's Act and whose applications date back from April 1998 to July 2005 and whose applications are still pending before the Department of Home Affairs and are currently not in position of valid asylum seekers permits are required to report to the nearest Home Affairs refugee backlog project office, the particularity of which is contained hereunder, between the aforesaid dates of 1 September 2007 to 31 October 2007.

The addresses of the respective back log project offices are as follows :

Eastern Cape
KIC Building, 5 Sidon Street, North End, Port Elizabeth

Western Cape
Sturrock Building, 18 Montreal Drive Airport, Industria Nyanga, Cape Town

Gauteng
Diensprodukte Building, 1 Planet Avenue, Crown Mines, Johannesburg

Kwa-Zulu Natal
137 Moore Road, Glenwood, Durban

It is important to note that in terms of the Notice, should any of the asylum seekers affected by the above not come forward during this period that their applications for refugee status will be deemed to have been abandoned and the asylum seeker would then have to apply for an appropriate permit under the Immigration Act number 13 of 2002.

The following officials have been designated at Head Office of the Department of Home Affairs to deal with enquiries relating to the above :

Ms Thobeka Thamage or Ms Amanda Nxumalo at 012-810 7465 or 012-8108472.

Julian Pokroy
Chairperson
Immigration Nationality and Refugee Law Committee
Law Society of the Northern Provinces and Law Society of South Africa


Commercial Mediation
ADR Group Commercial Mediation Seminar Series (1-5 October)

Hard hitting, pro active and insightful

How is commercial mediation being integrated into mainstream legal practice in South Africa? It will explore business issues and strategies for commercial attorneys & their clients. It will challenge misconceptions and bias about the process. Be part of the future that creates a strong commercial mediation culture in South Africa.

The free Seminar Series will be delivered by a leading international team from the ADR Group, a specialist mediation organisation, that will be visiting South Africa in association with the Lord Mayor of London's Official Trade Visit to the country.

For further information click here


Mediation Training
With the increased demand for mediation as a means to resolve disputes, the Mediation Institute of Southern Africa is pleased to offer an exceptional Professional Mediator training course from 15 to 19 October 2007.

For more information, please contact info@mediation.org.za


Family Workshop
The Family Workshop presents a one day symposium on the subject of

Divorce

A range of experienced professionals (psychologists, attorneys and social workers) will share their insights to add to your understanding of :

• The causes of marital breakdown
• How children are affected and how to help them cope
• Legal aspects of protection, divorce, custody and maintenance
• The challenges for adults
• Guidance in the role as step parent

The presentations are designed to be of assistance to those involved in a counseling or supportive role and to those who may be involved directly in the divorce experience themselves.

Date : Saturday 3 November

Time : 7.30am-4.15pm

Venue : Lecture theatre C12, Golf Road, University of KZN, Pietermaritzburg

Cost : R200pp includes teas and lunch

Enquiries and Bookings : 033-345 1185 / cwillows@iafrica.com


Government Gazette Update

Acts
Firearms Control Amendment Act 28 of 2006

**
http://www.polity.org.za/article.php?a_id=116693

South African Red Cross Society and Legal Protection of Certain Emblems Act 10 of 2007

**
http://www.polity.org.za/article.php?a_id=116290


Bills and Draft Bills
Prohibition or Restriction of Certain Conventional Weapons Bill

[B7A-2007] **
http://www.polity.org.za/article.php?a_id=116296

Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill

**
http://www.polity.org.za/article.php?a_id=116291

Draft Revenue Laws Amendment Bill, 2007

Comment by 8 October 2007 *
http://www.treasury.gov.za/tax/Revenue Laws Amendment Bill 2007.pdf

Explanatory Memorandum *
http://www.treasury.gov.za/tax/Revenue Laws Amendment Bill 2007 EM.pdf

Draft Securities Transfer Tax Administration Bill, 2007

Comment by 8 October 2007 *
http://www.treasury.gov.za/tax/Securities Transfer Tax Administration Bill 2007.pdf

Draft Securities Transfer Tax Bill, 2007

Comment by 8 October 2007 *
http://www.treasury.gov.za/tax/Securities Transfer Tax Bill 2007.pdf

Explanatory Memorandum *
http://www.treasury.gov.za/tax/Securities Transfer Tax Bill 2007 EM.pdf


Regulations and Draft Regulations
Petroleum Products Act 120 of 1977

Regulations : determination of prices at which petrol may be sold by resellers
Amended by GNR 825/GG 30265/04-09-2007 *


Government, General and Board Notices
Electronic Communications Act 36 of 2005

Notice of intention to prescribe the general terms and conditions of individual and class licences under Chapter 3
GenN 1084/GG 30246/30-08-2007 *

Employment of Educators Act 76 of 1998

Improvement in conditions of service of educators in terms of PSCBC Resolution no.1 of 2007
Added by GN 781/GG 30232/29-08-2007 *

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

Extension of the definition of farm feed to include farm feeds prepared by any person in accordance with his directions for his own use
Added by GenN 1013/GG 30183/24-08-2007 *

Financial Advisory and Intermediary Services Act 37 of 2002

Codes of conduct for administrative and discretionary FSPs
Amended by BN 89/GG 30228/29-08-2007 *

Determination of compliance reports by compliance officers and authorised financial services providers, 2007
Added by BN 90/GG 30228/29-08-2007 *

Determination of forms of application for authorisation as financial services providers, 2003
Amended by BN 88/GG 30228/29-08-2007 *

National Forests Act 84 of 1999

Exemptions in terms of section 7(1) and 15(1) of the National Forests Act, 1998 (Act no.84 of 1998), as amended
Added by GN 773/GG 30183/24-08-2007 *

Public Finance Management Act 1 of 1999

Rate on the interest on government loans
Added by GenN 1062/GG 30220/31-08-2007 *

Unemployment Insurance Act 63 of 2001

Increase of the maximum income threshold of the unemployment insurance fund
Added by GN 801/GG 30234/28-08-2007 *


Source : OSALL (Marina)
** Source : Mary


News on the Electronic Front

Recent Judgments Available on the Internet

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

14 September 2007
CCT 45/06
Van der Merwe and Another v Inspector Taylor NO and Others
Right to claim return of property, in light of the Constitution, following its seize by the State


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

13 September 2007
391/2006
CSARS v Brummeria Renaissance (Pty) Ltd [2007]SCA 99(RSA)
Income tax Act 58 of 1962- Right to use loans interest-free is 'gross income' which 'accrues' to a taxpayer - Effect of ss 79(1) and 81(5) discussed

6 September 2007
304/2006
Barnett v Minister of Land Affairs [2007] SCA 95 (RSA)
Application for eviction from cottages built in coastal conservation area – based on both Decree 9 of 1992 (Transkei) and wrongful possession in common law – plea of prescription dismissed on principle of continuous wrong – PIE found not applicable because cottages held not to be 'homes'- other defences dismissed on the facts


Labour Courts - http://www.saflii.org/

Johannesburg

Labour court hears Matfield vs SA Rugby - 12 September
Springbok player Victor Matfield's strong position on the rugby field - as the Boks prepare to face England this week - is less secure in the legal arena as the dispute between Matfield and his employer, SA Rugby, continues. In the Johannesburg Labour Court yesterday, counsel for SA Rugby appealed against the court's previous decision to allow Matfield to keep his share of the R1m awarded to him by the CCMA in 2004. - allAfrica website


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

5 September 2007
1274/2007
State v Erefaan Williams
This matter was referred to the regional magistrate for the regional division of the Western Cape for the imposition of sentence on the accused, pursuant to the provisions of Section 114 of the Criminal Procedure Act, Act 51 of 1977. By virtue of the facts and circumstances set out below the regional magistrate felt unable to proceed with sentencing and elected to refer the matter for consideration by this court in terms of the provisions of Section 304A of the Act. The view was expressed that the proceedings should be set aside and that the matter should be remitted to the district court for a trial before a magistrate other than the one who had referred the accused for sentencing. The accused was questioned by the magistrate in terms of Section 112(1)(b) of the Act. The problems which faced the regional magistrate arose from the manner in which the magistrate exercised her powers in terms of this section as well as the failure of the state to put the eleventh charge to the accused until a very late stage of the proceedings

3 September 2007
1962/2007
Loos & Loots v Rojen CC
This is the return date of a Rule nisi granted for specific performance arising from and in terms of a Deed of Sale entered into between the parties, dated 7 February 2005 and for ancillary relief. The final order is opposed by the respondent who is the seller in terms of the Deed of Sale. The respondent opposed the application on the basis that the Deed of Sale has lapsed by virtue of the fact that the suspensive condition contained in clause 12.1 thereof has not been fulfilled or is incapable of fulfilment. The applicants, on the other hand, deny the allegations of respondent and contend that the suspensive condition has been complied with, in that the necessary approvals for subdivision have been obtained. Clause 12.1 of the Deed of Sale referring to the suspensive condition, reads as follows : "This offer to purchase is subject to the successful sub-division of Erf 1999 Swellendam by the relevant authorities provided that it will not be subject to any access servitude or right of way in favour of Portion A as indicated on the attached diagram". The effect of the suspensive condition is that the property had to be subdivided in such a manner as to avoid the remainder of the property being subject to an access servitude or right of way in favour of Portion "A"

30 August 2007
A67/2007
Patrick Molefe Mogudi v Fikiswa Fesi
The action arose from an intimate relationship between the parties during which the appellant undertook to take over the respondent's obligations relating to her purchase of a certain motor vehicle from ABSA Bank, trading as Bankfin, the owner of the vehicle. In accordance with such undertaking the respondent was to retain possession and use of the vehicle. The relationship soured, however, and the appellant, alleging that he was the owner of the vehicle, instituted an action against the respondent for the delivery thereof, alternatively for its fair and reasonable market value. In addition he claimed the amount of R164 259,00 on the basis of a loan to the respondent relating to the purchase of the said vehicle. He also claimed the amounts of R5 400,00 and R13 124,44 paid by him, allegedly at the request of the respondent, for repairs and insurance premiums in respect of such vehicle. In her plea the respondent averred that the aforesaid bank remained the owner of the vehicle until the full purchase price had been paid. She hence denied that the appellant at any stage acquired ownership of the vehicle. In any event she was not in possession of the vehicle. She likewise denied that she had entered into any loan agreement with the appellant and averred that he had made a donation to her of the amount claimed. For the rest she denied any liability to him for the amounts claimed for repairs to and insurance of the vehicle. The only issues to be addressed were whether the appellant or the respondent was the owner of the vehicle at the relevant time and whether their agreement was one of loan or donation

14 September 2007
Marie Stopes v Provincial Department of Health

Media Release from the Women's Legal Centre

13 September 2007

Access to safe terminations threatened by Cape Provincial Dept of Health

Tomorrow, Friday 14 September 2007, the Cape High Court will hear an application to be heard on an urgent basis by Marie Stopes clinics alleging that the actions of the Western Cape Provincial Department of Health have put women's right to access terminations of pregnancy under threat.

Noluthando Ntlokwana, an attorney at the Women's Legal Centre and who is representing Marie Stopes clinics, says, in May this year, Marie Stopes clinics in the Western Cape received a notice from the Department threatening criminal sanctions if they continue to operate without applying for a license in terms of provincial regulations relating to private hospitals.

Ntlokwana says this is despite the fact that the clinics are designated to conduct terminations by the National Department of Health in terms of the Choice on Termination of Pregnancy Act (the Choice Act). "This has never been a requirement in the past, nor is it a requirement imposed by other provinces".

The Constitution guarantees women access to reproductive health and freedom of choice regarding their bodies. This right is given effect in the Choice Act. The State is obliged to provide this service, but lacks the capacity and resources in many places. Marie Stopes has stepped in countrywide to offer this service to women.

The Women's Legal Centre will be taking the Province's decision on review. The Centre will argue that the process followed by the Department is irregular and that the Department has exceeded its powers. Further, the regulations are not applicable to facilities designated in terms of the Choice Act.

Ntlokwana says the parties have been in discussions over the past couple of months in order to resolve the matter, and the Department agreed that the clinics could continue to operate pending the review of the decision. The Department narrowly averted an urgent application earlier this year by reaching this agreement.

"However, the Department then terminated the discussions stating that they would serve no meaningful purpose, and gave the clinics notice to comply with the provincial regulations. This leaves Marie Stopes with no option but to approach the High Court for urgent interim relief pending the finalization of its court review of the decision of the Department of Health".

Issued by : Beachhead Media and Investor Relations

Fidentia Case

Curator finds missing Fidentia millions - 13 September
The Cape High Court-appointed curators of the Fidentia Group have found money stolen from investors who entrusted their savings to companies in the organisation, financial website Moneyweb reported on Thursday. Co-curator George Papadakis told Moneyweb : "We know where every cent is and who has got it. Some have offered to repay; others are choosing to fight us". While much of the R1,6-billion belonging to widows and orphans whose funds were entrusted to Fidentia was spent in an extravagant corporate spending spree, more than R100-million found its way to people who shouldn't have accessed it, he said. So far, about R300-million has been repaid to investors, said Papadakis. - Mail & Guardian website


Durban and Coast Local Division

Scottburgh

Beach rape : 'the scars will always be there' - 14 September
The "Pennington rape trial" is done and dusted, but for the three young women who were brutally raped at their KwaZulu-Natal South Coast beach house in December 2006, life will never be the same. While their fathers on Thursday expressed relief that the three men responsible will serve at least 25 years behind bars, they said their daughters - who were 19, 20 and 21 at the time - still bore the emotional scars. - IOL website

Life behind bars for Pennington rapists - 13 September
Three men convicted of raping three Durban women at a beach house on the KwaZulu-Natal South Coast were on Thursday sentenced to five life sentences each in the Scottburgh High Court. - Mail & Guardian website

Guilty verdicts in Pennington rape trial - 12 September
Three men accused of raping three Durban women at a Pennington beach house on the KwaZulu-Natal South Coast were found guilty in the Scottburgh High Court on Wednesday. Judge Leona Theron found Sithembiso Shelembe, Mthokozisi Mbambo and Wonder Mchunu guilty of five counts of rape. They were also found guilty of indecent assault and robbery with aggravating circumstances. Mbambo, who is HIV-positive, was acquitted of attempted murder. - Mail & Guardian website


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

Court says Zuma may not intervene in state's probe - 14 September
African National Congress (ANC) deputy president Jacob Zuma may not intervene in the state's plan to extend an investigation into him to the United Kingdom, the Pretoria High Court ruled on Friday. Judge Willie van der Merwe ruled against an application brought by Zuma to intervene in the state's request to obtain information from banks and lawyers in the United Kingdom. - Mail & Guardian website

Act discriminates against elderly men, court hears - 11 September
The Social Assistance Act unfairly discriminates against a group of men who are among the poorest of the poor in South Africa, the Pretoria High Court heard on Tuesday. The Port Elizabeth Justice Centre, on behalf of four Eastern Cape men, were joined by the Human Rights Commission, the Centre for Applied Legal Studies at Wits and the Community Law Centre at the University of the Western Cape in their constitutional challenge against the provisions of section 10 of the Act. The Act entitled men to apply for state old-age pensions, based on a needs test, when they reached the age of 65, but entitled women to start receiving the pension at the of 60, the court heard. Keith Matthee, on instructions of the Legal Aid Board's Port Elizabeth Justice Centre, on Tuesday argued that the legislation discriminated against poor men between the ages of 60 and 64 and excluded them and their extended families from social assistance which would ensure their very survival. - Mail & Guardian website

11 September 2007
Update on the Illicit Network
SA Government Information website

SA calls for crackdown on nuclear smugglers - 11 September
Parts of a global nuclear-smuggling ring initiated by the disgraced father of Pakistan's atom bomb may remain active and nations must do more to crack down on the network, South Africa said on Tuesday. The plea followed last week's conviction by a South African court of a German engineer for his part in the network run by Abdul Qadeer Khan, who admitted giving proliferation-prone nuclear technology to nations under international embargo. - Mail & Guardian website

Swab left in women's abdominal cavity - 10 September
The Premier of the North West Province is liable for the damages suffered by a Potchefstroom woman who is living with excruciating pain after a swab was left inside her following surgery. Doctors at the Potchefstroom Provincial Hospital eventually removed the swab some four months later, but it left her permanently disfigured and with an array of medical problems. Jeanette More stated in papers before the Pretoria High Court that she discovered she was pregnant in June 2002. - IOL website

Pretoria student fails in SRC bid - 10 September
The present vice-chairperson of the University of Pretoria's student representative council (SRC), Cobus van der Linde, will not be a candidate in Tuesday's elections for next year's SRC. Pretoria High Court judge Lettie Malopa on Monday dismissed Van der Linde's urgent application to remain on the candidates list. Van der Linde, a Freedom Front Plus member, was chosen as the vice-president of the SRC in March, but only after obtaining a court order compelling the university to allow him to be a candidate. On Monday he was back in court, claiming the university was attempting to preclude him from being a candidate. - Mail & Guardian website


Witwatersrand Local Division - http://www.saflii.org/

Porritt and Bennett fail the means test for legal aid - 11 September
The two former directors of Tigon, the financial services company, have had their applications for legal aid turned down because they failed the means test. Gary Porritt, the former chief executive of Tigon, and Sue Bennett, a former director of Tigon and PSC Guaranteed Growth fund (PSCGG), face numerous charges at the Johannesburg high court, including theft, tax evasion, share price manipulation, racketeering, the contravention of exchange control regulations, the Income Tax Act, the Companies Act and the Stock Exchange Act. The indictment runs to more than 1 000 pages. Danie Lemmer, a justice centre executive in Johannesburg, said the two had failed the means test in terms of the legal aid guidelines. Lemmer said Porritt and Bennett had each applied for legal aid separately. Both are out on bail : Porritt for R800 000 and Bennett for R100 000. - Business Report website


Regional Courts

Cape Town

Ex bodyguard's case beset with delays - 10 September
A former VIP Protection Unit bodyguard has spent six years in Pollsmoor Prison on charges of car theft in a case beset by delays - a situation that human rights groups describe as "undermining the operation of justice". Once the trial began, it took 15 days of evidence for the matter to be concluded. But the 15 days were spread across four years - three in 2003, three in 2004, two in 2005, six last year and one this year. If the 15 days had run consecutively, the men would have known their fate three years ago. The Cape Town regional court is to hear closing arguments on Monday. Franco Ndlovu, a policeman living in barracks in Pinelands, and his friend, Sibusiso Kunene, face eight charges of theft and eight alternative charges of possession of stolen vehicles, as well as one count of fraud. - IOL website


Magistrates Courts

 Brixton

Generous dosage of justice served - 12 September
A tough-talking Johannesburg magistrate has sent out a harsh message - the community has had enough of smash-and-grabs. He jailed a man for five years on Tuesday, saying the community which arrested him needed to see justice done. Brixton magistrate Norman Makhubela sentenced 28-year-old Richard Modungwa for attacking a lone 53-year-old woman at a busy intersection in Industria a month ago. - IOL website

Greytown

10 September 2007
Premier Sibusiso Ndebele welcomes sentencing of father for axe murder of kids
SA Government Information website

Mitchell's Plain

Zille appears in Mitchells Plain court - 11 September
Democratic Alliance leader Helen Zille appeared briefly in the Mitchells Plain Magistrate's court on Tuesday on a charge under the Regulation of Gatherings Act. Zille, who is also mayor of Cape Town, was arrested on Sunday following an anti-drug march with members of the Mitchells Plain community. The matter was postponed to October 26 for further investigation and representations to the National Prosecuting Authority. - Mail & Guardian website

See also :

Statement by Helen Zille on her arrest

City of Cape Town moving to evict drug dealers from Council Property

on Helen Zille's blog

Randburg

Case against Kebble's security chief postponed - 11 September
The fraud case against Brett Kebble's former security chief, Clinton Nassif, was again postponed for further investigation at the Randburg Magistrate's Court on Tuesday. National Prosecuting Authority (NPA) advocate Andrea Kasiram requested that the case be postponed to November 19 and for Nassif's R300 000 bail to be extended. Kasiram said the state had traced a witness in the case and was in the process of gathering evidence. - Mail & Guardian website


Community Courts

Hatfield

Masetlha magistrate denies application for recusal - 11 September
Magistrate Dreyer van der Merwe on Tuesday denied an application from former spy boss Billy Masetlha's defence team for his recusal from the case at the Hatfield Community Court in Pretoria. Masetlha's defence attorney, Neil Tuchten, brought forward the application for the recusal after it was heard that the magistrate held a meeting with the inspector general if intelligence's legal adviser, Jay Govender (who is a witness in the case), without the defence team being present. Govender put forward a request (to the magistrate) for certain records to be removed from court records as they were of national security. The records were meant to be seen by the legal team only. This was done in the magistrate's office. - Mail & Guardian website


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

Caxton denies stalling ploy in Naspers deal - 11 September
Media company Caxton appears hellbent on delaying Naspers' buyout of M-Net and SuperSport, according to industry commentators. Caxton yesterday submitted its application to the Competition Appeals Court in Cape Town, asking for a review of the July ruling by the Competition Tribunal - which allowed Caxton to intervene in Naspers' acquisition of 38% of M-Net and SuperSport only under certain conditionsLesley Morphet of Deneys Reitz Attorneys, who represented Caxton, said it was in no way a case of stalling the procedure, but rather "seeking clarity" as to a legal technicality. - allAfrica website


Government and Legislation

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

Statements and Speeches

13 September 2007
Address by Minister of Finance Trevor Manuel on Provincial Budgets and Expenditure Review, KwaZulu-Natal Legislature

13 September 2007
Ceremony of the new international airport in Durban

13 September 2007
National Education Infrastructure Management System (NEIMS)

12 September 2007
Address by Finance Minister Trevor A Manuel on Recent Financial Market Turmoil and Implications for South Africa University of Stellenbosch Business School during the Bursary Fundraising Dinner, Cape Town

12 September 2007
KwaZulu-Natal weekly cabinet meeting

Keyphrases :
Children's Act 2005
Damage to KwaZulu-Natal coastline
Virginity testing

12 September 2007
Steve Biko Memorial Lecture delivered by the President of South Africa, Thabo Mbeki, on the occasion of the 30th Anniversary of the death of Stephen Bantu Biko, Cape Town

12 September 2007
Special Adjustments Budget Speech delivered by Minister of Finance Trevor A Manuel

11 September 2007
Special Adjustments Appropriation Bill by Minister of Finance, Trevor A Manuel, Parliament, Cape Town

11 September 2007
Address to the National Assembly on the Co-operative Banks Bill 2007 by the honourable Minister of Finance, Trevor A Manuel, MP

11 September 2007
Revenue Laws Amendment and Securities Transfer Tax Bills

10 September 2007
The first meeting of the restructured South African AIDS Council

10 September 2007
Minister M van Schalkwyk publishes policy for the development of a sustainable marine aquaculture sector in South Africa

7 September 2007
Speech by Deputy Minister of Social Development, Dr Jean Swanson-Jacobs, at the Institute of Retirement Funds Annual Conference 2007

7 September 2007
Address by Minister of Secretariat for Safety and Security Charles Nqakula during the Security Industry Alliance Conference, Johannesburg

6 September 2007
Deputy Minister Hangana launched a Gender Framework

23 August 2007
Commission on Gender Equality (CGE) press comment on findings and recommendations of Parliamentary Ad Hoc Committee on the review of chapter nine and associated institutions

14 August 2007
Keynote address by Department of Science and Technology Director-General Doctor Phil Mjwara at the Intellectual Property Rights Conference, Sandton Convention Centre, Johannesburg


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.
Audio recordings of Parliamentary Committee Meetings

These recordings are available same day as the meeting. Using your mouse, click on Audio recording of meeting to immediately listen to the meeting via streaming or right click to download and save recording to your computer.

Committee Minutes

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

6 September 2007
Criminal Law (Sentencing) Amendment Bill : Voting

Justice Portfolio Committee
* * * Subscription required * * *

7 September 2007
Judicial Service Commission Amendment Bill : Deliberations

Provincial and Local Government and Justice Portfolio Committees
* * * Subscription required * * *

6 September 2007
Cross Boundary Municipalities Laws repeal and related matters A/B [B25-2007] : Discussion on public submissions

5 September 2007
Public consultations : Constitutional Court rulings ; Constitution Thirteenth Amendment Bill : Department briefing


Legislation

Astronomy Geographic Advantage Bill

13 September 2007
Minister of Science and Technology Mosibudi Mangena introduces the Astronomy Geographic Advantage Bill to the National Assembly, Cape Town
SA Government Information website

Cooperative Banks Bill

New banking Bill to increase access to banking - 12 September
The new Co-operative Banking Bill 2007, which was passed in the National Assembly on Tuesday, will allow low income earners access to banking services. The banking Bill was passed without opposition following Finance Minister Trevor Manuel's address which highlighted the fact that many South Africans do not - or have a lack of - access to banking services and therefore financial advice. This is one of Governments initiatives to promote access to financial services, particularly to the most vulnerable people who earn low incomes and who lack access to mainstream financial products. - BuaNews Online website

New banking Bill to increase access to banking - 12 September
The new Co-operative Banking Bill 2007, which was passed in the National Assembly on Tuesday, will allow low income earners access to banking services. The banking Bill was passed without opposition following Finance Minister Trevor Manuel's address which highlighted the fact that many South Africans do not - or have a lack of - access to banking services and therefore financial advice. - BuaNews Online website

Co-op Banks Bill passed by National Assembly - 12 September
Legislation providing for formal regulation and supervision of cooperative banks was adopted by the National Assembly on Tuesday. Introducing debate on the Cooperative Banks Bill, Finance Minister Trevor Manuel said it seeks to create an appropriate regulatory framework for member-based deposit-taking, financial services cooperatives. - Mail & Guardian website

See also : Address to the National Assembly on the Co-operative Banks Bill 2007 by the honourable Minister of Finance, Trevor A Manuel, MP above

Correctional Services Amendment Bill

Committee to examine revised amendment bill - 10 September
Parliament's portfolio committee on correctional services is to examine a radically revised amendment bill on Tuesday after throwing out the draft that proposed that the minister be given extensive discretionary powers. Refusing to sign a "blank cheque" for the minister, committee chairperson Dennis Bloem sent the amendment bill back to the drawing board on Friday. Correctional Services officials have spent the weekend rewriting large sections of it. - IOL website

Balfour's Bill gets the boot - 9 September
Correctional Services Minister Ngconde Balfour is licking his wounds this weekend, after the National Assembly's correctional services committee roundly rejected his Correctional Services Amendment Bill on Friday. This controversial Bill would have granted Balfour sweeping powers to determine the term prisoners should serve before being eligible for parole - irrespective of minimum sentencing laws. It would also have allowed Balfour to override stipulations that prisoners serving a life sentence be jailed for at least 25 years - or reach the age of 65 - before being eligible for parole. The proposed amendments also threatened to pit the legislature, judiciary and executive in a three-way dogfight over separation of power issues. - IOL website

Criminal Law (Minimum Sentencing) Amendment Bill

MPs want rape sentencing tightened up - 10 September
The justice department has included clauses in new minimum sentencing legislation that will forbid judges to use a rape accuser's sexual history as an excuse for giving the perpetrator a lighter sentence. At issue is that the Criminal Law (Sentencing) Act gives judges discretion to impose sentences lighter than the statutory minimum sentence. If they find "substantial and compelling reasons" for a lighter sentence, they may impose one. However, the amendment bill before Parliament seeks to remove sexual history, cultural attitudes to rape and close personal relationships as possible "substantial and compelling reasons" for lighter sentences. - allAfrica website

Constitution of the Republic of South Africa Amendment Bill and Cross-Boundary Municipalities Laws Repeal and Related Matters Bill

Separating people from decisions that affect them - 13 September
Parliament has recently set in motion a public participation process around draft laws that alter the provincial boundaries of KwaZulu-Natal and Eastern Cape. Such a decision raises important questions about the place of broader-based participation within the democratic process. The Constitution Thirteenth Amendment Bill and the Cross-Boundary Municipalities Repeal and Related Matters Amendment Bill propose to reaffirm the contested transfer of Matatiele municipality from KwaZulu-Natal to Eastern Cape. Identical legislation was declared invalid by the Constitutional Court because the KwaZulu-Natal legislature failed to conduct public hearings, despite the fact that residents would be directly affected by the change. Recognising the attachment of people to provinces, home and family, the court found that citizens are entitled to give input on the potential changes in geographic and personal identity brought on by such rearrangement. - allAfrica website

Employment Equity Act

White women 'not excluded from employment equity' - 12 September
There are no plans to exclude white women from employment-equity policies, Labour Minister Membathisi Mdladlana said on Wednesday. "My view is the view of the ANC [African National Congress] . . . the objective of the ANC is to unite the people of the country. We want a democratic, non-sexist country. "Therefore the ANC has agreed to put all women together . . . I know of no other policy," Mdladlana told the Food and Allied Workers' Union (Fawu) national conference under way in Randburg, Johannesburg. The minister said the exclusion of white women was a recommendation from the Black Management Forum and it was its democratic right to pronounce on the matter. - Mail & Guardian website

Human Sciences Research Council (HSRC) Bill

13 September 2007
Minister of Science and Technology Mosibudi Mangena introduces the Human Sciences Research Council (HSRC) Bill to the National Assembly, Cape Town
SA Government Information website

Infraco Bill

Cabinet approves Infraco bill - 10 September
Cabinet has approved a bill that gets around the problem raised by parliamentary committees over the licensing of the state-owned broad band fibre-optic network - Infraco. An amendment to the Electronic Communications Act (ECA) has been rushed through that will allow the minister to issue a policy directive that will enable the state to invest in strategic electronic infrastructure. - Sunday Times website

Act to be changed for Infraco - 10 September
Last week, Cabinet approved the Electronic Communications (EC) Act be amended to speed up the licensing of government's new broadband infrastructure company, Infraco. Such an amendment became apparent during the public hearings into the Infraco Bill, the law that will govern the new state-owned entity, by the Parliamentary Portfolio Committee on Public Enterprises. At that time, it was realised the current licensing procedure would be too lengthy and cumbersome. However, the speed with which Cabinet approved the proposed amendment took many by surprise. - ITWeb website

Municipal Property Rates Act

Rates shock will be kept within bounds - 14 September
There has been much speculation and fearfulness regarding the implementation of the recently promulgated Municipal Property Rates Act of 2004 that is set to be enforced in July next year. - allAfrica website

National Gambling Amendment Bill

Online gambling bill passed - 12 September
Online gambling in SA came one step closer to being regulated, with the passing of the National Gambling Amendment Bill in Parliament yesterday. The Bill, introduced by the Department of Trade and Industry (DTI), aims to legalise Internet gambling by creating legislation for the licensing of interactive gambling activities. - ITWeb website

Transport Agencies General Laws Amendment Bill

7 September 2007
Opening remarks by Jeff Radebe, MP, Minister of Transport, on the Transport Agencies General Laws Amendment Bill (B 27B ? 20007) in the National Assembly
SA Government Information website


Useful Links and Items of Interest

GICS : Gazettes in Cyber Space - http://www.gics.co.za/

The aim of the website is to provide government and provincial gazettes, easy, reliable and cost effective to the general public, law firms and more as it gets published. GICS publish all government and provincial gazettes on the website, the same day as released by the GPW


Legal Profession

Zimbabwe

Zimbabwe Law Society to seek legal recourse on price freeze - 13 September
The Law Society of Zimbabwe on Thursday questioned the constitutionality of price and salary freezes announced recently by President Robert Mugabe. - Voice of America News website


South Africa

Communications

Sentech complains of lack of money to do job - 11 September
State-owned broadcast signal distributor Sentech is protesting that it simply does not have enough money to do its job properly. Writing in the company's annual report, chairperson Colin Hickling points out that it has been proved impossible to roll out a national broadband radio network until extra funds are received from the government. Financial problems also crop up when the company tries top deal with laws, regulations and policy. Restrictions and long delays imposed by the Public Finance Management Act affect the company's ability to take advantage of market opportunities in good time. One of the main problems outlined by Sentech is to be tackled by a special appropriation of money to contribute to the capital requirements of establishing a broadband radio network. The Special Adjustments Appropriation Bill was introduced in the National Assembly on Tuesday by Finance Minister Trevor Manuel. The Bill will be passed by the house on Wednesday. It gives R500-million to the Department of Communications to transfer to Sentech. Other state-owned enterprises also benefit from the Bill by being allocated cash for urgent needs. They include R44,7-million for Alexkor, R222-million for Denel and R1,8-billion for the Pebble Bed Modular Reactor. - Mail & Guardian website

See also : Special Adjustments Appropriation Bill by Minister of Finance, Trevor A Manuel, Parliament, Cape Town above

Bridging an African digital divide - 7 September
Many of us take the internet for granted, but what about locations that are too remote or economically impoverished to enjoy the hi-tech benefits of the developed world? The coastal town of Knysna in South Africa was one such place. But now it is the largest wi-fi enabled area on the African continent. Working in conjunction with the town's local authorities, internet provider UniNet has set up a system of base stations which spread wi-fi around the town. - BBC News website

Courts

 

Education

Provinces spend millions on strike recovery - 12 September
Mpumalanga and North West have spent R166-million on strike recovery measures, Education Minister Naledi Pandor told the National Council of Provinces (NCOP) on Tuesday. Replying to oral questions, Pandor said Mpumalanga had spent R96-million on teacher remuneration for Saturday and holiday classes. "The funds come from the existing communications budget, and additional funds have been requested from the provincial treasury," she said. "North West has spent R70-million on teacher remuneration and additional learner support material. Additional funds have been sourced from the provincial treasury". Pandor said the total cost of the programme had not been determined as activities were still going on. So far, Gauteng had not incurred additional costs. KwaZulu-Natal and other provinces were having difficulties negotiating with unions on the amount of additional teaching time to be spent on the recovery plan. - Mail & Guardian website

Relief for teachers in the pipeline - 12 September
Relief is in sight for overburdened teachers battling with large class numbers. After lengthy negotiations between the KwaZulu Natal Department of Education and trade unions, it was announced yesterday that the PPN (Post Provisioning Norm) for 2008/2009 would be 31.18:1 (31 pupils to one teacher) and teacher posts would be increased. - The Post website
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KZN education to beef up school security - 11 September
Security guards and teachers are to be employed by the KwaZulu-Natal Department of Education, in a bid to beef up security and reduce teacher to pupil ratios at the province's poorest schools. A total of 3 000 security guards and 3000 teachers are to be employed at poor and rural based schools in the province. - BuaNews Online website

Emigration and Immigration

Over 1 200 arrests for smuggling - 11 September
Police arrested over 1200 people in Limpopo over the weekend for helping to smuggle illegal Zimbabwean immigrants into the country and Zimbabwean cigarettes. A total of 92 police stations in the province worked together as part of Operation Vulindela (meaning make way), which kicked off on Friday and ended Tuesday. Cigarettes worth over R200 000 were seized and 1 212 people were arrested by Monday morning on charges related to smuggling illegal foreigners into the country, murder, attempted murder, robbery, assault, possession of unlicensed firearms, dagga and stolen property. - BuaNews Online website

Environment

Revamped SRI index may well foster greener corporates - 13 September
Action by local companies to curb greenhouse gas emissions lags that of corporates in much of the developed world, primarily because South Africa is among the developing nations that are not yet bound by UN targets to reduce harmful emissions. This will change under a new negotiated treaty, which is expected to commit a wider range of nations to cutting emissions that contribute to climate change after 2012. The most recent annual review of the SRI index is due to be made public in November. The index has undergone a strategic review over the past year ; it aims to align itself more closely with global benchmarks. From next year the JSE will assess members of the SRI index on issues such as climate change and human rights. - Business Report website

Govt : Khutsong not a national disaster area - 12 September
Khutsong has not been declared a national disaster area, the Ministry of Provincial and Local Government said on Wednesday. Spokesperson for the ministry, Thokozani Mtshali, said a North West portfolio committee presented a report to the provincial legislature on Tuesday but this did not constitute a declaration. Earlier media reports stated that the area had been declared a national disaster because of the high risk of sinkholes. These sinkholes were threatening the stability of 90% of dwellings built on the land. - Mail & Guardian website

Water company in court - 12 September
One of South Africa's largest red meat producers has taken the East Rand Water Care Company to court claiming they were polluting the Blesbokspruit River with human excrement, posing a serious health risk to both animals and humans. The Karan Beef Farm in Heidelberg, Gauteng, which supplies 20% of the red meat in South Africa, initially sought an interdict to prevent the water-care company from polluting the Blesbokspruit River and to force Water Affairs Minister Lindiwe Hendricks to take steps to prevent further pollution. The company, which manages four water purification works along the Blesbokspruit River, did not deny that the river was polluted – but strenuously denied they were responsible. - Citizen website

Fishermen invade protected area - 14 September
Seventy armed fishermen forced their way into the Tsitsikamma National Park on Saturday and spent the day fishing illegally in the country's oldest marine protected area, SA National Parks has confirmed. The incursion follows the environment department's proposal in April that the Tsitsikamma protected area be partly de-proclaimed to allow line fishing. SANParks spokesman Wanda Mkutshulwa said the park management had been contacted last Friday by the Tsitsikamma Fishing Forum, who said they would be "staging a protest, in the park, because of the slowness of the access application process". The group was allowed to fish under the supervision of rangers.Mkutshulwa said it had been made clear to the fishermen that their entry on Saturday should not be viewed as a precedent for further entries. If this happened, they would be "dealt with the same as any other poachers". - The Herald Online website

Ditched freighter battling big swells - 13 September
Swells measuring between four and six metres are still preventing surveyors from boarding the abandoned Russian cargo vessel Amul 2511, which is off Port Elizabeth. She is under tow and being held at a position about 70km off Cape Recife by the deep-sea salvage tug Smit Amandla. - The Herald Online website

Rust bucket in high sea drama - 9 September
A leaking, ramshackle 154m-long bulk carrier, abandoned by its crew and with 200 tons of fuel on board, drifted unmanned overnight perilously close to the rugged rocks of the Wild Coast, until it was found by a rescue tug at 4am on Saturday and dragged to safety. The Amul had left Port Elizabeth five days earlier, but had only made it opposite Mazeppa Bay when the crew could no longer contain the flooding in the ship. The Amul was en route to Alang in India to be scrapped for its metal and had been detained by the South African Maritime Authority in Port Elizabeth and forced to make repairs. Weeks before it had been detained by the Namibian maritime authority when it stopped at Walvis Bay. - IOL website

Massive ship sinking off South Coast - 8 September
A massive bulk carrier was adrift and slowly sinking off Port St Johns last night after all 18 crew members had been forced to abandon ship, according to the National Sea Rescue Institute (NSRI). The 154-metre Amul was en route from Port Elizabeth to Durban when it started taking on water and sent out a Mayday call at 2pm, said NSRI spokesman Craig Lambinon. - Business Report website

Health

Major salary increases for nurses - 13 September
Health Minister Manto Tshabalala-Msimang and the leadership of five health sector unions, will announce details of an agreement set to pave the way increase the salaries of nurses in the public health sector. Friday's announcement will follow the signing of the collective agreement by trade union parties at the Public Service Bargaining Centre, in Centurion, Tshwane. The signing of the agreement concludes two months of engagement between government and organised labour on the occupational specific dispensation (OSD) aimed at boosting the ability of the public health sector to attract and retain health professionals. The unions represented in these negotiations are National Education, Health And Allied Workers Union (NEHAWU), Democratic Nurses Association of South Africa (DENOSA), Public Service Association (PSA), Health and Other Services Personnel Trade Union of South Africa (HOSPERA) and National Union of Public Service and Allied Workers (NUPSAW). While the agreement is being signed Friday, said the Department of Health, the salary adjustments that will be effected by this agreement will be implemented retrospectively with effect from 1 July 2007. - BuaNews Online website

Judiciary

Gender and the Bar - 9 September
Gender has been catapulted into the spotlight in South Africa’s judiciary. An untransformed Bar has been identified as the main cause for the lack of women judges. Of South Africa's 203 high court judges, only 33 (16%) are women. There are no women judge presidents and only one deputy judge president, Judge Jeanette Traverso from the Cape provincial division. This has compelled the department of justice and constitutional development and Chief Justice Pius Langa to launch a programme to train aspirant women judges. From the more than 300 applications received, 19 women legal practitioners were chosen to participate. - Business Day website

Media

Threat to pull govt advertising unacceptable - 10 September
It was "unacceptable" for government bodies to threaten the withdrawal of advertising from newspapers, the South African National Editors' Forum (Sanef) said on Monday. While the withdrawal of advertising from a newspaper on commercial grounds was a normal risk carried by newspapers, it was "unacceptable" for public bodies to use this as a punitive measure to promote self-censorship, the forum said in a statement. This follows the view expressed by Minister in the Presidency Essop Pahad that the government should consider withdrawing its advertising from the Sunday Times. This followed the newspaper's publication of reports relating to Health Minister Manto Tshabalala-Msimang's alleged behaviour in hospital, her alleged drinking, and theft conviction. - Mail & Guardian website

Minerals and Energy

Energy regulator grants licence to Transnet for R11bn fuel pipeline - 13 September
Local energy watchdog National Energy Regulator of South Africa (Nersa) announced on Thursday that it had awarded a licence to State-owned Transnet Pipelines, formerly Petronet, to build an R11-billion fuel pipeline from Durban to Gauteng. The pipeline was expected begin transporting fuel in the third quarter of 2010, by which time the existing line would have run out of capacity, Nersa said in an emailed statement. - Creamer Media's Engineering News website

Transnet gets nod to build R11bn pipeline - 14 September
Business Day website

Communities and council unite against N Areas mining bid - 11 September
The Nelson Mandela Bay municipality and communities in the Northern Areas have joined forces to oppose a mining application they say will destroy the 20/20 Vision recreation and conservation plan for the area. Minerals and energy department regional director Nomvuyo Ketse said her department was considering an application by North Park Trading to mine stone in Grootkloof near Hillside. The duration of the proposed project would depend on the stone reserves, she said, "but a mining right is granted for up to 30 years depending on the mine economics assessment". - The Herald Online website

Municipal Management and Procedure

Cape Town

Delft Eviction Case

Minister : 'legal solutions' needed after Cape protest - 11 September
Housing Minister Lindiwe Sisulu on Tuesday threatened forced removals in the wake of this week's housing protests in Cape Town. "Until now, no attempts have been made to force residents of the informal settlement at Joe Slovo to move," she said in a statement. "We are now convinced that in order to protect property already constructed at Joe Slovo - and to ensure the integrity of development process - we have to seek legal intervention". - Mail & Guardian website

Halt protest or lose out, warns minister - 11 September
Housing Minister Lindiwe Sisulu has warned that protesters who closed a freeway near Cape Town "will be removed completely from all housing waiting lists" if they continue their housing demonstrations. She said residents of the Joe Slovo informal settlement in Langa had to decide whether they wanted to co-operate with the government and qualify for housing. - IOL website

S African police break up service delivery protest - 10 September
South African police used rubber bullets to disperse hundreds of rioters on Cape Town's main airport route on Monday and arrested seven in the latest protest against government service delivery. The demonstrators are residents of the Joe Slovo informal settlement, protesting their removal to faraway Delft to free up land to build the next phase of the government's low-cost housing project. In a media statement, a group representing residents said they were angry over "their imminent forced removal to the wasteland of Delft, over 30 kilometres (20 miles) away". - AFP website

Durban

Burst pipe : owners told to pay for own repairs - 11 September
Owners of some of Durban's most exclusive Berea properties which were extensively damaged after a major water pipe burst will have to fork out thousands to repair damaged walls and electric gates. Irate residents who yesterday woke to gushing water and damaged properties have been told the city will not reimburse them. According to officials, the pipe-burst was an "act of God" and will have to be paid for by household insurance. - Daily News website

Knysna

Sale price the basis for new Knysna valuation - 12 September
The Knysna municipality is preparing a new general valuation roll based on property sale price – determined on a willing buyer, willing seller basis – as opposed to the sometimes arbitrary "official" valuations done by municipalities. At present land owners' rates are determined separately for land and buildings, but the recently enacted Municipal Property Rates Act now demands that the system be changed. - The Herald Online website

Nelson Mandela Bay

Municipality will turn the screws on Denton, MBDA head promises - 12 September
The "screws will be turned on (Ken) Denton", Mandela Bay Development Agency head Pierre Voges told the metro's economic development, tourism and agriculture committee yesterday. Acknowledging that the state of some of Denton's properties in Central was a "serious issue" and that the efforts of the MBDA to rehabilitate the area were being undermined, Voges said a legal strategy was now being developed around questions of health, safety and national heritage. Voges said the MBDA could not prosecute Denton. Municipal manager Graham Richards now had the legal documents and "I am sure that he will turn the screws". - The Herald Online website

Oudtshoorn

Oudtshoorn municipality 'getting back on its feet' - 14 September
The beleaguered Oudtshoorn municipality, which has been under administration for six months, is finally getting back on its feet, but the recovery process will take years and could end up costing more than R10-million. A National Council of Provinces select committee report indicates that there are still issues to be dealt with, although provincial intervention ends this month. The report also notes that Oudtshoorn councillors would like administrator Louis Scheepers to help the municipality with the recovery process while they get on with the day-to-day management of the town. - The Herald Online website

See also Oudtshoorn Municipality website

Pretoria / Tshwane

Tshwane mulls firing refuse companies - 10 September
The City of Tshwane was considering on Monday evening whether or not to fire companies it had hired to remove refuse. "We are mulling over it and considering all factors," said spokesperson Console Tleane. Letters had been handed to Milnex and Capacity over the weekend telling them to get their workers back on the job or have their contracts with the city cancelled. - Mail & Guardian website

Name Changes

New move to replace 'offensive' old names - 14 September
The move to rename certain buildings in Nelson Mandela Bay kicked up a notch yesterday when the municipality announced that it was prioritising the issue and called for contributions from the public. Recreation and cultural service committee chairman Mike Kwenaite said the municipality would be as accommodating as possible, but the process of name change would take place. - The Herald Online website

Shilowa 'unapologetic' about name changes - 10 September
Gauteng premier Mbhazima Shilowa on Monday said he was "unapologetic" about changing names and symbols in South Africa. He was briefing the media in Johannesburg on the recent Gauteng Extended Executive Council lekgotla. He added, however, that the name changes had to be implemented "in a democratic manner". - IOL website

Pension Funds

7 September
Zola Skweyiya on reforming South Africa's pension system

SA Government Information website

Reform of retirement provisions : feasibility studies
September 2007
Polity website

New fund laws aim to protect children - 11 September
New laws on the cards will ensure better protection for children's assets and avoid future Fidentia-type scandals. As early as the end of the year, it is proposed that death benefits will be paid into a new vehicle, called beneficiary funds, which will be regulated by the Pension Funds Act, said Giselle Gould of Fairheads Umbrella Trust Company. - Business Day website

Property

Recognising the next best thing – 14 September
With the residential property cycle having levelled off and heading for a downswing, buyers still wanting to invest should learn to spot up-and-coming areas. With many a wise word often spoken in jest, investors will joke that they know an area is about to take off when it gets its own Woolworths Food Store and a branch of Pam Golding Properties. Likewise, estate agencies opening their doors in the neighbourhood are another strong indicator, often clustering door-to-door along a developing high street. However, according to property economist Erwin Rode of Rode & Associates, there are a number of other economic indicators that can be used to determine that an area is about to take off. – Cape Business News website

Owning versus renting - 14 September
South Africans believe that home ownership is better than rental. Given the damage caused by the subprime market collapse in the US, it makes sense for us to reappraise our views on rental versus owning one's home. The cultural pressure to own a home caused risky behaviour by borrowers. Many people borrowed too much to fulfil the dream of owning a home. Many lenders, many of them unscrupulous, took too much risk in the subprime market. The result in the US is social hardship as many families lose their homes and credit market tightening that is hurting the US economy. - Polity website

High-density living the pattern for SA's future growth - 12 September
High-rise, high-density living could very well be South Africa's future as land availability and housing costs force developers to build upwards. This was the view of Absa property economist Jacques du Toit, who gave his views on the property market at an event held in Port Elizabeth yesterday. Du Toit said the supply of land zoned and serviced for residential development was "a major factor, especially in the fast-growing urban areas". Land values, which have been climbing steadily because of short supply, made up 33% of the total cost of property in 2005. - The Herald Online website

Get your money back from Rudco - 12 September
If you switched your home loan to Rudco - which is offering an interest rate of 6.5 percent - you need to demand your money back. That's because Rudco has been handed over to the Scorpions. - iAfrica website

Keynote address by LN Sisulu, Minister of Housing, at the 2007 Congress of Master Builders South Africa, Spier Estate, Stellenbosch - 10 September
Polity website

Coastal Bill 'will not allow expropriation' - 15 August
A new Bill proposing an integrated system of coastal management will not lead to expropriation of beachfront properties, MPs were assured on Wednesday. But officials of the Department of Environmental Affairs and Tourism who are sponsoring the Bill through Parliament say that it will make it easier for local authorities to remove holiday chalets illegally built on the beach. - Mail & Guardian website

Evictions

Farmer union takes issue with expropriation comments - 13 September
Since the beginning of the year not a single illegal farm eviction has been reported to farming union AgriSA, it said in a statement on Thursday. AgriSA's president Lourie Bosman said they were planning to take up the threat with President Thabo Mbeki. - Mail & Guardian website

Farming unions slam expropriation threat - 13 September
Agri Gauteng is one of the farming unions who spoke out strongly against Du Toit's warning in Parliament on Wednesday that farmers who illegally evicted tenant workers would have their land expropriated. The farming union admitted there was a "very small minority" of farmers who might be guilty of illegally evicting farm workers, but said it was unfair to pretend that it was the whole industry. Neels Ferreira, chairperson of Grain SA, expressed his shock and disbelief about Du Toit's comments saying the "emotional" statement was not in the interest of agriculture in the country. - IOL website

Illegal evictions continue in agricultural sector - 13 September
Illegal evictions and rights violations continue to happen in the farming sector, Agriculture and Land Affairs Minister Lulu Xingwana said on Thursday. "I personally feel that far too many farm workers find themselves facing the scourge of abuse at the hands of some ruthless farmers," Xingwana told the Food and Allied Workers' Union (Fawu) national conference in Randburg, Johannesburg. She said of the eight million people evicted between 1985 and 2005, 1% of the evictions was legal. - Mail & Guardian website

Illegal farm evictions 'will lead to expropriation' - 12 September
Farmers who evict tenant workers illegally will have their land expropriated, Deputy Agriculture and Land Affairs Minister Dirk du Toit warned on Wednesday. "Those people who don't want to hear, we are not only going to take them to court, we are going to also take their land away from them," he told MPs in the National Assembly. - Mail & Guardian website

Land Claims

Officials can't rule out land invasions - 9 September
Commission to curb financial amends as restitution falls way behind target. South Africa's land restitution process is well behind schedule, sparking fears that it could plunge the country into Zimbabwe-style land grabs. This is the view of land officials, in defence of a decision that they will no longer encourage money as compensation for rural land claims. - Sunday Times website

Provincial Government

Gauteng Legislature approves party funding bill - 12 September
The Gauteng legislature yesterday adopted the provincial Political Party Fund Bill, which is intended to limit the dependence of political parties on private donors. The bill would allow parties to receive funding from the legislature so that they could function without solely depending on donors who might want to influence them for their own interests. The bill would require parties to account for money received from the fund. The amount parties receive would be determined by their size. - allAfrica website

Road Accident Fund

New payment system - 11 September
I attended a meeting at the RAF in Pretoria yesterday on the new payment system to be implemented via SAP software.  Yes, another one on the way from early November.  In short, and I really did not need to travel so far to hear so little, payments will be made in one lump sum and you will receive an e-mail or SMS with a breakdown of who those payments are for.  Thats from 5 November. - Michael de Broglio's blog

South African Broadcasting Corporation

ANC snubs Ginwala, backs Qunta - 12 September
Former National Assembly Speaker Frene Ginwala's ANC comrades have spurned her for appointment to the new SABC board, citing concerns about her leadership post in the ruling party. Instead, the committee opted to stick with another strong and outspoken candidate, Christine Qunta, widely tipped to become the new SABC board chairperson. The new SABC board takes office in January. - IOL website

Statistics

More black top managers than white, says Solidarity - 12 September
Black senior managers now outnumbered white senior managers in the country, labour union Solidarity said yesterday when releasing its report: The Truth about Employment Equity in South Africa. The report sourced its information from the labour department, general household surveys, the SA Advertising Research Foundation, the All Media and Products Survey, the Black Diamonds On the Move survey, public service commission reports, Statistics SA and McGregor BFA. It found that between 1997 and 2006, the number of senior black managers grew from 8 766 to 28 658, while the number of white top managers declined from 30 876 to 22 758. Dirk Hermann, deputy general secretary at Solidarity, said another document would be released today about white women and affirmative action at the hearings of the portfolio committee. - Business Report website

Taxation Matters

Tax relief bills published  - 12 September
South Africa's National Treasury has issued two more bills that give effect to finance minister Trevor Manuel's February Budget. The two will be open for public comment until October 8, and Parliament's portfolio committee on finance will schedule public hearings on the bills after that. The first set of tax bills (known as the Taxation Laws Amendment Act, 2007) were promulgated last month. This second set of bills (known as the Revenue Laws Amendments Revenue Laws Amendment and Securities Transfer Tax Bills) deliver on the more complex policy proposals announced in the Budget, particularly those related to business tax issues. - Business Report website

See also : Revenue Laws Amendment and Securities Transfer Tax Bills above

Trade and Industry

Clothing and Textiles

Quotas on Chinese imports ineffective - 13 September
The last six months had proved that there was little economic justification for the government to maintain quotas on Chinese clothing and textiles imports, the Trade Law Centre for Southern Africa (Tralac) said on Tuesday. - SABC News website

Tariffs intended to boost jobs are actually tying them down - 11 September
Prices in the East are significantly below those quoted by South African manufacturers. This means that even with tariffs barriers in place, there has been more procurement of finished product from Asia, with the accompanying loss of jobs in the local industry. The South African state imposed a two-year quota on imports of ready-made products (in particular clothing) and a wide range of cotton or cotton-rich fabrics from China. This move, while well intentioned, showed a lack of understanding of the true dynamics of the industry. It has subsequently had to be modified and at least partially neutralised. - Business Report website

Our 'In' doesn't match their 'Out' : making sense of the Chinese Puzzle - 10 September
The broad results of research by the Trade Law Centre for Southern Africa into the effectiveness of new restrictions on Chinese clothing import quotas have received fairly wide publicity. But there is one aspect of the report that has not, and which remains something of an enigma. Overall, the restrictions do seem to be having some effect. According to South African Revenue Service (SARS) figures, second-quarter 2007 imports from China in the relevant quota lines dropped 42% compared with second-quarter 2006. This looks dramatic, but it was in the context of an overall drop in imports in these lines of just on 16%. But still, it seems that imports from China have dropped disproportionately. Yet the interesting part of the report is that Chinese figures show the opposite. - allAfrica website

Transport

SA taxi routes  controlled by 'warlord types' - 13 September
The parliamentary portfolio committee on transport is advocating an integrated transport system, with chairman Jeremy Cronin saying the present routes are controlled by taxi bosses who are "warlord types". The government is pressing ahead with its taxi recapitalisation programme and has scrapped about 8 100 old taxis throughout the country. But the committee on transport views the programme as nothing more than just replacing old with new. The committee is of the opinion that the programme fails to address fundamental flaws existing within the industry.  - The Herald Online website

Gauteng motorists to have third number plates - 10 September
Motorists in Gauteng will have to display a third number plate on their cars, as part of a new vehicle registration system, to be introduced to the province early next year. Gauteng's Department of Public Transport, Roads and Works has embarked on a pilot project and consultations with key stakeholders, before fully implementing a new number plate system. "The new system will introduce a third number plate, in addition to the two for the front and rear of vehicles," the provincial department of Transport, Roads and Works said in a statement, regarding the New Intelligent Number Plate System. The department's spokesperson Alfred Nhlapo explained that the Number Validation Label, which will be placed in the rear window of vehicles, bears a bar code that law-enforcement officials will be able to scan. - BuaNews Online website

Miscellaneous

'Caution : water on road during rain' - 14 September
Campaigners for the English language on Thursday attacked a growing tendency for "obvious" public information posters, such as a police sign urging people: "Don't Commit Crime". Other examples highlighted by the Plain English Campaign - which fights for the effective use of English - include "Warning : Platform ends here" on the end of rail station platforms, and "May cause drowsiness" on sleeping pills. - Mail & Guardian website

Trip to Africa gives Martin new perspective on life - 11 September
Four young boys used to sleep in the kitchen of a humble hut. Their mother and five sisters would lie at night in the bedroom – the only other chamber inside their humble dwelling in Katlehong, South Africa. "The mother's name is Patience," said Kevin Martin, the Sacramento Kings' shooting guard who spent last week volunteering in some of that country's most impoverished areas. "And she is definitely patient to have been living in those conditions". Tears rolling down her cheeks, Patience watched Friday as Martin and a work crew constructed a spacious four-room house designed to help make life a little more bearable. It was just one moment in a week overflowing with sights the former Western Carolina standout had never even imagined before he agreed to participate in the trip, which was arranged by the NBA's Basketball Without Borders program. - Citizen Times website


Africa

Libya

Gadaffi's son leads fight to woo eco-tourists - 11 September
An ambitious project to turn the ancient city of Cyrene, in Libya, into a centre for eco-tourism, was announced yesterday by Saif al-Islam Gadaffi, the second eldest of Col Maummar Gaddafi's seven sons. Saif, 33, who is emerging as a political power and has been tipped to take over from his father, said that the plan was for 20 luxury hotels and thousands of new houses around the archaeological ruins on the north-east coast. He emphasised the dangers of climate change and desertification and vaguely outlining a project which aims to put Libya firmly on the tourist trail, positioning it as a clean and green Dubai. - The Telegraph website

Surveying

Towards user-friendly property information systems - 10 September
We are being told time and again that we are living in an Information and Communication Technology Revolution Age. In many aspects, information that was formerly complex and inaccessible, is being made easy to access, interpret, understand and use. Nevertheless, looking at the Tanzanian scene, it can be concluded that, information related to property is still difficult to access and use by the general public. Much of it is still enveloped in a high degree of mystery, which can only be interpreted by experts, or is inaccessible, difficult to use, incomplete, too centralised and easily labelled confidential. While many countries have made strides forward towards "liberalising" information, the information system related to property in Tanzania has a long way to go to be easily available to and interpreted by the general public. In this article, we look at information on property provided by the land surveying profession with relation to surveyed land in urban areas. - Daily News [Tanzania] website

Zimbabwe

Mugabe govt presents succession Bill to Parliament - 12 September
President Robert Mugabe's government introduced a Bill to Parliament on Wednesday that would give the leader room to choose a successor if he were to retire. - Mail & Guardian website
Keyphrase :
Constitutional Amendment Bill


Asia

China

Secret Chinese jail makes silencing protest a business - 11 September
Chinese officials straining to stifle protest ahead of a key Communist Party congress have been paying to have troublesome petitioners held in violent squalor in a secretive Beijing prison, many complainants said. Eight petitioners told Reuters of being held in the prison with dozens of others who had come to the capital to press grievances over confiscated property, police brutality and official corruption. They described a "black jail" on Beijing's south-western outskirts run by officials from Nanyang city in the central province of Henan. - Mail & Guardian website

India

Report on Hindu god Ram withdrawn - 14 September
The Indian government has withdrawn a controversial report submitted in court earlier this week which questioned the existence of the Hindu god Ram. The report was withdrawn after huge protests by opposition parties. The report was presented to the Supreme Court on Wednesday in connection with a case against a proposed shipping canal project between India and Sri Lanka. Hindu hardliners say the project will destroy what they say is a bridge built by Ram and his army of monkeys. Scientists and archaeologists say the Ram Setu (Lord Ram's bridge) - or Adam's Bridge as it is sometimes called - is a natural formation of sand and stones. - BBC News website

Ram Setu protest gives commuters harrowing time - 13 September
Activists of Shri Ram Setu Raksha Manch, led by senior RSS leader Lala Balwant Rai Gupta, held demonstrations and disrupted traffic on national highway for nearly three hours here on Wednesday as a part of nationwide protest against union government’s move to demolish Shri Ram Setu. - Tribune [India] website


Source : http://ramsetu.rediffiland.com//scripts/xanadu_diary_view.php?postId=1177486619

1 750 000 years old Ram Setu - 25 April
Space images taken by NASA reveal a mysterious ancient bridge in the Palk Strait between India and Sri Lanka. The recently discovered bridge currently named as Adam's Bridge is made of chain of shoals, c.18 mi (30 km) long. The bridge's unique curvature and composition by age reveals that it is man made. - Rediff website

Indian court clears 'toxic' ship - 11 September
A former ocean liner can be broken up in India despite concerns it contains toxic waste, the Supreme Court says.  The judgement came after experts were asked to decide if it was safe to scrap the Blue Lady at the giant breaking yard at Alang in western Gujarat state. Environmentalists say the Blue Lady, formerly the SS France and then the SS Norway, contains tonnes of toxic waste. In June 2006, the court allowed the vessel to enter Indian waters but said it must stay anchored off the coast. Bangladesh banned the vessel from its waters in February 2006. - BBC News website

Malaysia

She sent letter, pix to late doc's hubby - 11 September
The late Dr Cynthia Joseph intercepted a letter from South Africa addressed to her husband that contained photographs of a fair, slim and scantily clad woman. Enclosed with the pictures was a letter from a woman named "Yamini" saying she would be "waiting for him no matter what," a coroner's court heard yesterday. Dr Charlotte Jane Joseph, testifying in an inquest into her elder sister Dr Cynthia's mysterious death in 2004, said the deceased confronted her husband Dr A Retna Rasa after getting the letter from his secretary. - The Star website


Europe

EU told to open door to 20m migrant workers - 14 September
A huge increase in economic migration into the EU is being proposed by the European Commission. It wants to relax controls and open the borders to an extra 20 million workers from Asia and Africa over the next two decades. - Telegraph website

EU proposes scrapping fallow land - 13 September
The European Union has unveiled plans to make more land available for farming in a bid to curb soaring prices of cereals such as wheat. Under the proposal a requirement that farmers must leave 10% of their land fallow would be abolished for one year. The move would increase crop production by about 4%, the EU said. - BBC News website

EU gives up on 'metric Britain' - 11 September
The European Union is set to confirm it has abandoned what became one of its most unpopular policies among many people in Britain. It is proposing to allow the UK to continue using pounds, miles and pints as units of measurement indefinitely. The European Commission will announce later it is leaving all future decisions to the British government. - BBC News website

Emigration and Immigration

EU to propose immigration steps - 13 September
The European Union (EU) executive plans to encourage legal migration into Europe to plug labour shortages caused by a declining, ageing population, EU officials said on Thursday. EU Home Affairs Commissioner Franco Frattini said he will present proposals to member states on October 23 aimed at reversing a trend drawing skilled migrants to competitors such as the United States and unskilled workers to Europe. - Mail & Guardian website

Portugal

DNA hope offered to the McCanns - 12 September
The inventor of DNA fingerprinting has offered to act as an expert witness in the Madeleine McCann case. Sir Alec Jeffreys said DNA matches alone did not establish guilt and all Madeleine's genetic characters would be found in at least one family member. - BBC News website

10 key elements in McCann dossier - 12 September
Neither the McCanns nor their legal team have been told the contents of the dossier of evidence presented to a judge. They will only find out why police believe they are responsible for their daughter's disappearance if and when they are charged. However the dossier is almost certain to contain 10 key elements. - The Telegraph website

4 000-page file 'could take weeks to read' - 12 September
The dossier of evidence against Madeleine McCann's parents is 4 000 pages long and could take the judge it has been passed to weeks to read. - The Telegraph website

Switzerland

Swiss citizenship system 'racist' - 13 September
An official report into the process of naturalisation in Switzerland says the current system is discriminatory and in many respects racist. The report, from Switzerland's Federal Commission on Racial Discrimination, recommends far-reaching changes. It criticises the practice of allowing members of a community to vote on an individual's citizenship application. - BBC News website


United Kingdom

Courts

Ageing mobsters convicted in 'family secrets' trial - 11 September
One of the largest mafia trials in United States history, dubbed Family Secrets because it hinged on the betrayal of a defendant by his brother and son who turned prosecution witnesses, ended on Monday with the conviction of four elderly mobsters and a former Chicago police officer. After four days the jury, who had been granted anonymity for fear of reprisals, found the five men guilty on all charges. The gang, based in Chicago's Chinatown, terrorised surrounding neighbourhoods for decades, extracting "street taxes" and "juice loans" from local businesses through threats that ranged from harassment to the planting of bombs. - Mail & Guardian website

Education

Behaviour survey exposes high levels of staff abuse - 14 September
The first survey of students' behaviour towards university staff has revealed the extent to which the latter are subject to harassment, verbal abuse and assault. More than half the staff responding to the National Student Conduct Survey had experienced student misbehaviour at least five times, while a quarter had encountered physical, verbal or written threats. For 11 per cent of staff experiencing a series of incidents, such events occurred on a daily basis. The survey was carried out by a team at Nottingham Trent University, led by Deborah Lee from the School of Social Sciences. - Times Higher Education Supplement website

Emigration and Immigration

Migrants will be forced to learn English - 9 September
Tens of thousands more immigrant workers will be forced to learn English before they are allowed into the country, The Sunday Telegraph can reveal. The controversial crackdown, which is expected to reduce the number of people entering Britain by at least 35 000-a-year, will be unveiled by Gordon Brown in a speech to the Trades Union Congress in Brighton. The rules will affect those seeking to work and settle permanently in Britain from countries outside the European Union. - Telegraph website

Health

Foot and mouth reports blame neglect at labs - 9 September
Two official investigations into the recent foot and mouth outbreak have blamed poorly maintained drainage pipes at research facilities that officials knew about for years but did nothing to resolve. - Telegraph website

Human Rights

Age discrimination is still curse of our society - 13 September
Despite decades of talk about equal opportunities and anti-discrimination, ageism remains rife throughout society. Whether it's in the provision of health care services, the availability of insurance products or the portrayal of pensioners on television, older people continue to be treated like second-class citizens. Why, for example, are those aged over 70 excluded from jury service? Why do health professionals continue to tell their older patients that it's just their age when they have a medical complaint? And why is the mistreatment of vulnerable people in care homes taken less seriously by society than the abuse of children? - Scotsman website

Lunchtime lockup for UK pupils - 10 September
It is now two years since British schools have gone on a health binge after Naked Chef, Jamie Oliver began his one-man campaign for healthier food in schools, which has proved popular in some, but by no means all. The BBC reported that in Denbighshire they plan lock pupils in to stop them leaving school at lunchtime to buy junk food. Denbighshire's education officials have mooted the idea because pupils have all but ignored the healthy lunch options that have been on offer for more than a year now. In fact, if fast food – chips and the like – are served, uptake apparently shoots up by 40%. Denbighshire Council wants to reverse a slump in school meal take-up and is considering rolling out the lock-up idea across the county. - Food24 website

Property

Northern Rock gets bank bail out - 13 September
The Bank of England has agreed to give emergency financial support to the Northern Rock, one of the UK's largest mortgage lenders, the BBC has learned. The decision for the Bank of England to become the "lender of last resort" is extremely rare - and comes after consultation with the Treasury and the Financial Services Authority. - BBC News website


United States

9/11

Picture made on 9/11 takes a toll on photographer - 10 September
Valencia M McClatchey thought she was doing the right thing when she gave the FBI a copy of her photo of the mushroom cloud that rose over the hill outside her home after United Flight 93 crashed in a field here on Sept 11, 2001. And, after it became apparent that hers was the only known picture of that ominous, gray cloud he thought she was still doing the right thing when she gave copies to people who asked for them, and let newspapers and television stations use it. In numerous online postings, critics have ripped apart every element of the photo, and Mrs McClatchey's life. They accuse her of faking the photo, of profiteering from it and of being part of a conspiracy to cover up the fact that Flight 93 was shot down by the government. They claim the mushroom cloud is from an ordnance blast, not a jet crashing ; the cloud is the wrong color for burning jet fuel ; the cloud is too small and in the wrong position. They've posted her personal e-mail, phone numbers and street address online. - New York Times website

Image can be seen at http://digilander.libero.it/luposabatini/UA93-1.jpg

Anti-Terrorism

Officials cite danger in revealing detainee data - 12 September
The nation's top intelligence officials have told a federal appeals court in recent days that a July ruling requiring the government to disclose virtually all its information on Guantanamo detainees could cause "exceptionally grave damage to the national security". The Justice Department has filed a request to overturn that decision, issued by a federal appeals court panel on July 20. The decision was an important victory for detainees' lawyers, who said it could pierce layers of secrecy shielding what the government knows about many of the 340 men held at the naval base at Guantánamo Bay, Cuba. - New York Times website

Company Law

Ex-Enron boss wants new trial - 7 September
Imprisoned former Enron chief executive Jeffrey Skilling asked on Friday for a new trial, saying the Justice Department used incorrect legal theories and "coercive and abusive tactics" to win a conviction. Skilling was sentenced last October to more than 24 years in prison for his role in the collapse of Enron, once the seventh-largest US company. He was convicted along with company founder Kenneth Lay on May 25, 2006, on 19 counts of fraud, conspiracy, insider trading and lying to auditors. Skilling reported to a federal prison in Minnesota in December. Lay died before his sentencing date. - Fin24 website

Courts

Nursing home owners acquitted in deaths - 7 September
The owners of a suburban New Orleans nursing home were found not guilty of negligent homicide Friday in the drowning of 35 of the home's residents in the only trial to result from deaths in Hurricane Katrina. The three-week trial of the owners, Salvador Mangano and his wife Mabel recounted the deadliest single episode of the storm that continues to haunt this region, and it was punctuated with tearful testimony from relatives of victims and forceful depictions of government ineptitude by the Manganos' lawyers. Many of those who died were bedridden, trapped when the waters rose over coastal St Bernard Parish after the hurricane passed through. The nursing home, St Rita's, was inundated, and many of those who survived floated to safety only because their mattresses were coated in plastic. - New York Times website

Education

What's good for children - 12 September
America's business community was an early advocate of reform and a prime mover in the passage of the No Child Left Behind Act of 2002, which required the states to improve public schooling for all students. With Congress gearing up to reauthorize the act, business leaders are rightly raising their voices in an attempt to prevent the teachers' unions and their political allies from weakening this important law. Corporate leaders have complained for years about job applicants who don't read, write or think well enough. At a House hearing, the Roundtable's president, John Castellani, cited troubling provisions in a draft reauthorization bill that would allow schools to mask failure in teaching crucial subjects like reading and math by giving them credit for student performance in other subjects or on alternate measures of performances. - New York Times website

Employment

The death of common sense - 11 September
The US Department of Labor recently completed a valuable exercise in gathering information on experiences with the Family and Medical Leave Act, the law known for allowing workers extended, unpaid leave for childbirth, adoptions and serious family illness. For all the law's welcome recognition of life's priorities, the department's June 27 report also demonstrates that the Family and Medical Leave Act is one of the most misunderstood and abused federal statutes on the books. Abuses - especially concerning what's called "unscheduled intermittent leave" - are causing real headaches for managers and hurting businesses' ability to serve customers. - New York Times website

See :

Guidelines to this Act on the US Department of Labour website
http://www.dol.gov/esa/whd/fmla/

Report on comments received in response to Act
http://www.dol.gov/esa/whd/FMLA2007FederalRegisterNotice/07-3102.pdf

Foreign Affairs

US court fines Iran $2.65bn - 8 September
A US federal court on Friday ordered Iran to pay $2.65bn to the families of 241 soldiers killed in the 1983 bombing of a Marine barracks in Beirut. "The court hopes that this extremely sizeable judgment will serve to aid in the healing process for these plaintiffs, and simultaneously sound an alarm to the defendants that their unlawful attacks on our citizens will not be tolerated," Judge Royce Lamberth said in his ruling from a federal court in Washington DC. - News24 website

Human Rights

Court won't rule on life's beginning - 12 September
A doctor is under no obligation to tell a pregnant woman that she is carrying "an existing human being" before performing an abortion, the New Jersey Supreme Court ruled today in a decision that had been eagerly awaited by both foes and supporters of abortion rights in this country. The 5-to-0 decision came in a case brought in 1996 by Rosa Acuna, who was 29 years old and married when she and her husband, who already had two children, agreed to an abortion about six to eight weeks into her pregnancy. Mrs. Acuna charged that the doctor, Dr Sheldon C Turkish, did not provide her with "material medical information" before she and her husband signed a consent form allowing him to perform the procedure. Specifically, she said in her lawsuit, the doctor had a duty to tell her that the procedure would "terminate the life of a living member of the species Homo sapiens, that is a human being". - New York Times website

Local Government

San Francisco to offer care for every uninsured adult - 14 September
The initiative, known as Healthy San Francisco, is the first effort by a locality to guarantee care to all of its uninsured, and it represents the latest attempt by state and local governments to patch a inadequate federal system. It is financed mostly by the city, which is gambling that it can provide universal and sensibly managed care to the uninsured for about the amount being spent on their treatment now, often in emergency rooms. After a two-month trial at two clinics in Chinatown, the program is scheduled to expand citywide to 20 more locations on Sept 17. - New York Times website

Privacy

New US law credited in arrests abroad - 10 September
The government's ability to eavesdrop on terrorism suspects overseas allowed the United States to obtain information that helped lead to the arrests last week of three Islamic militants accused of planning bomb attacks in Germany, Mike McConnell, the director of national intelligence, told senators on Monday. - New York Times website

FBI data mining reached beyond initial targets - 9 September
Newly obtained bureau records indicate that the Federal Bureau of Investigation used secret demands for records to obtain data not only on individuals it saw as targets but also details on their "community of interest" - the network of people that the target was in contact with. The bureau stopped the practice early this year in part because of broader questions raised about its aggressive use of the records demands, which are known as national security letters, officials said. - New York Times website

Property

A home loan trap - 13 September
Homeowners whose loan rates are soaring may want to head for the exits. Many of them, though, will find no way out. If they sell their home or refinance, they will face a penalty of thousands of dollars for paying off their loans early. - New York Times website

Mansions in the sky - 9 September
While the national housing market is experiencing a major slowdown, Manhattan's wealthiest families are buying up as many apartments as they can and combining them into rambling mega-units. Brokers and developers say that buyers in this segment of the market are finding that they have few large apartments to choose from, and so they are creating the spaces they want from a half dozen one- and two-bedroom apartments. While some buyers are swallowing up whole floors of new condominiums, others are buying neighboring apartments in older co-op buildings as they become available. - New York Times website


International

Conservation

Biologists say over 40 000 species at risk - 13 September
Gorillas, China's baiji dolphin and Pacific corals have joined the list of species hurtling to oblivion as global biodiversity exerts warn of a fast-track 'global extinction crisis'. In an update of its Red List of biodiversity, the Swiss-based World Conservation Union (IUCN) says it has identified 41 415 species at threat. Of this, 16 306 species - or 39% of the total - are in danger of extinction, 188 more than last year. - ABC [Australia] website

Vultures vanishing : even scavengers face extinction - 13 September
Even the vultures are in trouble. They are drowning in water troughs, colliding with power lines and going hungry because there are fewer dead animals to feed on. The World Conservation Union released its annual Red List of Threatened Species yesterday, the most authoritative catalogue of species on the brink. The 2007 report contains sobering news about the escalating global extinction crisis, and the increasingly tenuous hold of vultures, great apes and other creatures and plants. - Globe and Mail website

Endangered species list is more bad news - 12 September
More than one in three species assessed by the World Conservation Union is threatened with extinction, according to the group's latest "Red List" of endangered species. Although one species of parakeet has been brought back from the brink of extinction, it is outnumbered by examples of extremely rare species where only a few individuals – or possibly none at all – remain. The conservation group has so far assessed 41415 of the world's species. - New Scientist website

Starving whales point to depleted oceans - 11 September
Starvation may be impeding the recovery of the Pacific Gray whale population, say researchers. The Gray whale population was thought to have recovered from commercial whaling, but now a new genetic study suggests the marine mammals once numbered between three and five times the 22,000 population estimated today. If true, the findings could imply that the world's oceans are no longer able to support the same number of whales that they once could, says Stephen Palumbi of Stanford University in California, US, who led the study. - New Scientist website

Most polar bears gone by 2050 - 8 September
Two-thirds of the world's polar bear population could be gone by midcentury if predictions of melting sea ice hold true, the US Geological Survey reported on Friday. The fate of polar bears could be even bleaker than that estimate, because sea ice in the Arctic might be vanishing faster than the available computer models predict, the geological survey said in a report aimed at determining whether the big white bear should be listed as a threatened species. - News24 website

Courts

Permanent Court of Arbitration to set up facility in Singapore – 10 September
The Permanent Court of Arbitration (PCA) will be setting up a facility in Singapore - its first branch in Asia. This will enable affected parties to settle their disputes here instead of having to travel to the Hague where it is headquartered. The PCA is an intergovernmental organisation that was established in 1899 in The Hague to facilitate arbitration and other forms of dispute resolution between States. These disputes often relate to international issues such as multilateral and bilateral territorial, environmental and investment matters. PCA has also recently set up facilities in South Africa, Lebanon and Costa Rica. – Channel NewsAsia website

See :
Permanent Court of Arbitration
- http://www.pca-cpa.org/showpage.asp?pag_id=363
Permanent Court of Arbitration in South Africa
-

Environment

New climate plan unveiled for G8 meeting - 10 September
A grouping of former heads of state will present a plan to G8 environment ministers meeting in Berlin on Tuesday aimed at breaking the impasse between rich and poor countries over global warming. "We have agreed on a very complete document, a plan that could be adopted for post-Kyoto, to see how we might progress after 2012," said former Chilean minister Ricardo Lagos. The document outlines how developing countries could reduce greenhouse gas emissions if industrialised countries transfered technologies at the cost of $10-billion per year. - IOL website

Ethics

UK science head backs ethics code - 12 September
The British government's chief scientific advisor has set out a universal ethical code for scientists. Professor Sir David King has outlined seven principles aimed at building trust between scientists and society. Described as the scientific equivalent of doctors' Hippocratic Oath, the code includes clauses on corruption, public consultation and the environment. He launched the code at the British Association for the Advancement of Science's annual festival in York. - BBC News website

Health

Call for closer examination of 'brain death' as the end of life - 12 September
The medical diagnosis of brain death is at odds with our traditional view of when death actually occurs, says a leading academic speaking at an international conference on Death, dying & disposal in Bath 12 September 2007. Whilst a diagnosis of brain death is made using factors including fixed and dilated pupils, lack of eye movement, absence of respiratory reflexes, the social understanding of death is that it occurs when the heart stops beating. This makes decisions that often follow brain death, such as organ removal and the cessation of life support, potentially unsettling for the bereaved, says Professor Allan Kellehear from the Centre for Death & Society at the University of Bath. - Science Daily website

Call to revamp death definition - 12 September
It may be wrong to define death purely in medical terms, an academic argues. Professor Allan Kellehear said the medical diagnosis of brain death was at odds with society's view of when death actually occurs. He said a debate was needed about whether it was right to use brain death as the key criterion for switching off life support, and removing organs. - BBC News website

Sport and Recreation

McLaren ponder 'spygate' appeal - 14 September
McLaren will decide on Friday whether to appeal against the £49.2m fine and the deduction of all their points from the constructors' championship. Ron Dennis, McLaren's team chief, said the decision would be made once the FIA outlines its reasons for the punishment on the back of the "spygate" row. And Dennis has re-iterated that he will not quit despite the severe punishment and will spearhead any appeal. - BBC News website

Racing team fined $100 million in spy scandal - 13 September
McLaren Mercedes, the leading team in the Formula One championship, was fined $100 million on Thursday and excluded from the constructors' title in the spying scandal that has plagued the sport all season. The International Automobile Federation, the sport's governing body, found the McLaren guilty of cheating by using data obtained from Ferrari, its main rival, to improve its own car, the federation said in a statement issued following a hearing in Paris. - New York Times website


Miscellaneous E-Things

How to talk about books that you haven’t read - 31 August
Polity website


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

Search

Intelways - http://www.intelways.com/
"I
have never been a fan of metasearch engines. I find that, unless I am looking for a truly unusual word or concept, I get less-relevant results than if I had searched several search engines sequentially. However, I recently came across a cross-search engine tool that may become my new favorite place to start a search. Intelways.com, formerly CrossEngine and before that, mrSAPO, isn't a metasearch engine; you type in your query and then select which search engine to use. Intelways provides one-click access to around 300 different search tools, organized by broad channels. You type your search query and select any one of these search tools ; the results appear in a frame below the search boxes. The Intelways frame remains at the top of the screen as you scroll through your search results, and can switch from one search engine to another". - Mary Ellen Bates InfoTip


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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