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on the Electronic Front |
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Recent
Judgments Available on the Internet |
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Constitutional
Court of South Africa
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www.constitutionalcourt.org.za
Khutsong
rezoning before country's top court - 21 September
There should have been dialogue between Khutsong residents and the
Gauteng provincial government about the residents' desire to
remain in Gauteng, the Constitutional Court heard yesterday. Ten
Khutsong resi-dents have challenged the validity of part of the
Constitution 12th
Amendment Act, which relocated the Merafong city local
municipality, which they fell under, from Gauteng to North West in
2005. - allAfrica website
Rubber bullets fly at Khutsong court protest - 20 September
Police fired rubber bullets at Khutsong residents protesting
outside the Constitutional Court on Thursday. More than 1 000
protesters scattered into the streets of Braamfontein in
Johannesburg but some later regrouped again, protesting outside
the court against their municipality, Merafong, being included in
North West province. - Mail &
Guardian website
Khutsong community meets ahead of court hearing - 16 September
The leadership of Khutsong says they will not rush their lawyers
if they are not ready, ahead of their Constitutional Court hearing
on Thursday. This emerged at the public community meeting held at
Khutsong. Residents have lodged a Constitutional Court challenge
against their incorporation from Gauteng into the North West. -
SABC News website
Hearings
20 September
CCT 41/07
Merafong Demarcation Forum and Others v
The President of the Republic of South Africa
and Others
Validity of part of the
Constitution Twelfth Amendment Act, 2005 and the
Cross-Boundary
Municipalities Laws Repeal and Related Matters Act of 2005
- nature of the constitutional obligation of provincial
legislatures to facilitate public involvement - rationality of
government conduct
17 September 2007
CCT 48/07
AD and Another v DW and Others
Matter involving a baby girl who was found abandoned in a veld
near Roodepoort two days after her birth. The applicants are
American citizens and long-standing friends of the girl's
foster parents. With a view to adopting her in the United States
of America, they applied in the Johannesburg High Court for an
order of sole custody and guardianship, rather than an adoption
order in the Children's Court, because
of a perceived absence of mechanisms providing for adoptions of
South African children by Americans. The applicants appealed to
the Supreme Court of Appeal. By a three-two majority that Court
dismissed the appeal, holding that while accepting that the
applicants were suitable adoptive parents, to grant the
application would disregard the country's
international obligations and by-pass the protections provided by
the Children's Court
Breakthrough in Baby R adoption - 19 September
When Baby R turns three years in just under two months, she should
have the greatest gift of her young life - her own family. The
Constitutional Court was on Wednesday expected to order that the
children's court fast-track the adoption hearing of an American
couple who have spent the last two years battling for guardianship
of Baby R. The order, reached Tuesday between legal
representatives for the African-American couple, Department of
Social Development and Centre for Child Law, will compel the
Johannesburg Children's Court to conduct the hearing, within 30
days, with no opposition from the department. -
IOL website
'You twisted truth on Baby R's fate' - 18 September
One of the most powerful men in the department of social
development has been accused of twisting the truth to stop an
abandoned two-year-old girl from being adopted by an American
couple. Director-General Vusimuzi Madonsela's claims that there
were five prospective "black South African" parents who were ready
and willing to adopt Baby R - which was the subject of a major
Constitutional Court appeal on Monday - fell apart when a
court-appointed adviser questioned Johannesburg Child Welfare's
Pam Wilson about it. In addition to exposing several instances
where Madonsela's sworn statements were contradicted by his own
staff, court-appointed adviser and advocate Melanie Feinstein has
found 25 reasons why the Constitutional Court should grant
guardianship of the little girl to the African-American couple who
have endured two years of legal wrangling so that they can look
after her. - IOL website
Baby R goes to Concourt - 14 September
The Constitutional Court will this week hear argument that could
dramatically change the system for foreigners to adopt South
African children. The case for the adoption of baby R by an
American couple will be argued on Tuesday in Braamfontein after
the Johannesburg High Court and Supreme Court of Appeal dismissed
attempts by the couple to obtain a custody and guardianship order.
- Mail & Guardian website
19 September
2007
Understanding the adoption process in South Africa
SA Government Information
website
Keyphrase :
Children's Act 38 of 2005
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Supreme Court of Appeal of South Africa
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http://www.supremecourtofappeal.gov.za/index.html
; wwwserver.law.wits.ac.za/sca/index.php ;
http://www.uovs.ac.za/apps/law/appeal/
21 September 2007
242/2006
The Olympic Countess [2007]SCA 115 RSA
Ranking of claims in terms of s 11 of Act 105 of 1983 – s 11(4)(c)(v)
does not include the claim of the person who pays the person who
renders services to the ship
21
September 2007
585/2006
Road Accident Fund v Ngubane [2007] SCA 114 (RSA)
Regulation 2(3) read with section 17(1)(b) of the
Road Accident Fund Act 56
of 1996 – claim to be lodged with the Fund within two years
– the Fund may waive this requirement or enter into a compromise
21 September 2007
158/2007
Fhetani v The State [2007] SCA 113 (RSA)
Sentence – s 22 of the
Sexual Offences Act 23 of 1957 prescribes a maximum
sentence of 6 years' imprisonment with
or without a maximum fine of R12 000 – incompetent to impose
imprisonment in excess thereof for contravening s 14 of the Act
21 September 2007
441/06
Lombard Insurance v City of Cape Town [2007] SCA 112 (RSA)
Interpretation of a guarantee
21 September 2007
530/06
Kebble v Minister of Water Affairs [2007] SCA 111 (RSA)
An order that a person is in contempt of court, which carries with
it criminal sanctions, should be made only where the court order
allegedly flouted is clear and capable of enforcement. Appeal
upheld against an order that former directors of a company that
did not comply with a court order were in contempt of court
Marked Not Reportable
20 September 2007
174/2006
Mabuza v The State [2007] SCA 110 (RSA)
It is not a prerequisite for a fair trial that there is a verbatim
recording of the magistrate's
explanation of the rights of unrepresented accused and the
response of the accused. Sentence of life imprisonment imposed for
rape of 15 year old complainant and 15 years'
imprisonment for robbery. Under the
Criminal Law Amendment Act
105 of 1997 youthfulness remains a weighty mitigating
factor in determining whether substantial and compelling
circumstances exist. Sentences set aside and effective sentence of
16 years' imprisonment imposed
20 September 2007
170/2006
Van Zyl v Government of RSA [2007] SCA 109 (RSA)
Public international law - diplomatic
protection
20 September 2007
418/2006
Wessels v Pretorius [2007] SCA 108 (RSA)
Negligence – father permitting sixteen year old son to drive motor
vehicle without supervision – reasonably foreseeable that
peer pressure would lead to son
overstepping bounds of reasonable behaviour – father's
conduct negligent – resultant injury to
passenger foreseeable – father personally liable
19 September 2007
314/06
Exdev v Yeoman Properties [2007] SCA 107 (RSA)
An option for the purchase of immovable property is not invalid
merely by reason of its silence on the terms of payment of the
purchase price. In the absence of express agreement the law
implies these terms
19
September 2007
162/06
Commissioner, SARS v Trend Finance (Pty) Ltd [2007] SCA 105 (RSA)
Costs - provisional order
- distinct ground of appeal
19 September 2007
668/06
Schwartz NO v Pike [2007] SCA 106 (RSA)
Contract – interpretation – association agreement – disposal of
deceased member's interest in close
corporation – unilateral appointment by executor of accountant to
value interest in conflict with parties'
intention – members to be afforded opportunity to reach consensus
on appointee
17
September 2007
589/2006
Webtrade v Van der Schyff [2007] SCA 104 (RSA)
Provisions of Prevention
of Illegal Eviction from and Unlawful Occupation of Land Act 19 of
1998 (PIE) do not apply in circumstances in which owner of
land takes possession from a builder exercising a builder's
lien
14 September 2007
476/2006
SA Breweries v Shoprite Holdings [2007] SCA 103 (RSA)
Sale by appellant to respondent of large retail concern-validity
of determination by expert of accounting disputes
14 September 2007
433/2006
Naidoo v The State [2007] SCA 102 (RSA)
Criminal procedure-plea of guilty to attempted murder-Magistrate
on facts correct in not invoking
Criminal Procedure Act,
s 113(1)
14 September 2007
397/2006
The Trustees, Bus Industry Restructuring Fund v Break Through
Investments [2007] SCA 101 (RSA)
Exception against particulars of claim -
objection that claim precluded by contractual provision
- held that properly construed
provision has no bearing on claim at all
14 September 2007
431/2006
CSARS v The Baking Tin [2007] SCA 100 (RSA)
Tariff determination by Commissioner in respect of aluminium
containers confirmed : intention of
importer as to use not a determinant of objective characteristics
of containers
12
September 2007
478/2007
Bridges v The State [2007] SCA 98 (RSA)
12 September 2007
370/2006
MTN Service Provider v Afro Call [2007] SCA 97 (RSA)
Application for security for costs under Companies Act 61 of 1973,
s 13-refused by court a quo in exercise of its discretion-powers
of appellate court to interfere strictly circumscribed-finding on
facts that court a quo exercised discretion for no
7 September 2007
331/2006
Commercial Auto Glass (Pty) Ltd v BMW AG [2007] SCA 96 (RSA)
Trade marks - infringement - use in relation to unauthorised
spare parts
Zuma back in court this week - 19 September
Jacob Zuma and French arms manufacturer Thint will be back in the
Supreme Court of Appeal in Bloemfontein on Friday. They will
appeal against a high court decision on documents in Mauritius,
which South African prosecutors are seeking in an investigation. -
Mail & Guardian website
Use of
interest-free loans is taxable, Appeal Court rules - 14
September
The Supreme Court of Appeal ruled yesterday that the right to use
loans interest-free is "gross income" which forms part of a
company's taxable income. The appeal court ruled in favour of the
South African Revenue Service (SARS), holding that the receiver
had correctly assessed three companies for tax on the basis that
the right to use loans interest-free had a money value and formed
part of taxable income. -
allAfrica website
see
13
September 2007
391/2006
CSARS v Brummeria Renaissance (Pty) Ltd
[2007]SCA 99(RSA)
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Land
Claims Court of South Africa
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www.law.wits.ac.za/lcc/
Richtersvelders split over deal with Erwin - 21 September
A group of Richtersvelders is trying to stop the Land Claims Court
from making the land settlement signed on April 22 with Public
Enterprises Minister Alec Erwin an order of the court. The
agreement, signed by four members of a 15-member committee with
Erwin, was allegedly done in great secrecy. The community and its
lawyers were unaware that an agreement was going to be signed. -
Mail & Guardian website
New challenge may sour Richtersveld deal -
20 September
A group of Richtersveld residents is to challenge a
settlement agreement with the government when the document goes
before the Land Claims Court in Cape Town next week for
ratification. Public Enterprises
Minister Alec Erwin and representatives of the Richtersveld Sida
!hub Communal Property Association (CPA) signed the agreement in
April this year. It followed a 10-year court battle by the
Richtersvelders for the restoration of land taken by the state
when diamonds were discovered south of Alexander Bay in the 1920s.
- Mail & Guardian website
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
FirstRand loses court bid to gag noseweek - 20
September
FirstRand Bank has lost a court bid to prevent noseweek
magazine publishing the names of clients involved in allegedly
shady offshore tax dodging schemes. Cape High Court Deputy Judge
President Jeanette Traverso on Thursday dismissed the bank's
application with costs, saying she would give her reasons later.
Editor Martin Welz, who represented himself, said he was pleased
at the ruling, which signalled a "whole new change of climate in
the courts". - Mail & Guardian
website
Judge says FirstRand tax scheme was 'suspect'
- 19 September
Judge Jeanette Traverso, hearing FirstRand's urgent application
for an interdict against the satirical magazine NoseWeek in the
Cape High Court, said on Wednesday that there seemed to be little
doubt that the tax-avoidance scheme at the heart of the case "is
suspect". Counsel for the applicant, Nick Maritz, denied that the
scheme was illegal, and said the matter has never been decided by
a court. He accused the publisher of NoseWeek, Martin Welz,
of setting himself up as both judge and jury, and deciding on his
own that it was illegal. - Mail &
Guardian website
Bank
seeks court gag on Noseweek client dossier - 19 September
Banking group FirstRand goes to court today in an urgent bid to
prevent magazine Noseweek from publishing a list of clients who
invested in offshore tax structures through its former private
banking arm, Ansbacher. Noseweek, which has run a series of
articles questioning the legality of Ansbacher's offshore tax
structures, has said it will publish some of the 80 names of
FirstRand's clients who invested in a scheme that allowed them to
build up a tax-free nest egg offshore under false pretences. -
allAfrica website
Cosatu takes Groote Schuur battle to court - 17 September
The Congress of South African Trade Union (Cosatu) will seek a
court interdict to stop the health department from closing 60 beds
at Groote Schuur from today (Monday). The bed closures, ordered in
a memo issued on Thursday by Groote Schuur's chief operations
officer, Saadiq Kariem, follows confirmation of the cuts by Health
MEC Pierre Uys as part of a R30-million reduction in the budgets
of Groote Schuur and Tygerberg hospitals after Finance MEC Lynne
Brown's provincial budget announcement for 2007/08 in March.
Cosatu would brief lawyers today (Monday) and file an interdict
either this afternoon or on Tuesday morning to stop the bed cuts
and force the government back into negotiations. -
IOL website
14 September 2007
Marie Stopes v Provincial Department of Health
Media Release from the Women's Legal Centre
13 September 2007
Interim
relief successful
The Cape High
Court today granted an interim order in the urgent application
by the Marie Stopes clinics who had alleged that the actions
of the Western Cape Provincial Department of Health had put
women's right to access terminations
under threat. By agreement between the parties, the clinics
will continue to function as before, until the review
application which will be argued on 6 February 2008.
The Department, in
May this year, decided to apply provincial licensing regulations
to the clinics, and after discussions between the parties, then
gave notice that criminal sanctions would be imposed if the
clinics did not comply by today. The clinics, represented by the
Women's Legal Centre approached the High
Court for an order declaring the Province be prohibited from
applying these regulations pending the outcome of an application
to take the Departments' decision on
review. Marie Stopes was granted the interim relief sought, and
the parties will return to court to argue the review matter on 6
February 2008.
Noluthando Ntlokwana,
the Women's Legal Centre attorney
representing Maries Stopes clinics, is pleased with the outcome as
women's right to access safe
terminations is secure until the Court decides the matter next
year.
Issued by
: Beachhead Media and Investor Relations
No official backing for abortion clinic - 18 September
The Marie Stopes South Africa organisation has welcomed a Cape
High Court interim order allowing it to continue operating in the
Western Cape, but the provincial health department says until the
private abortion clinic registers legally it will not take
responsibility for claims arising from treatment at the clinic. At
present the health department has an agreement to refer
second-trimester abortions to the clinic at government cost. Last
Friday, the private abortion clinic instituted legal action
against the health department to prevent it from taking action
against the clinic for not registering its facilities. The
deadline for registration was last Friday and the court issued an
interim order allowing the clinic to continue operating until next
February. - The Herald
Online website
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Durban and Coast Local
Division
Advocate in hot water over referral rule - 19 September
Durban High Court Judge Herbert Msimang is to report an advocate
to the KwaZulu-Natal Law Society after it was alleged in court on
Tuesday that he had taken on work "off the street", and not from
an attorney. If the allegation is found to be true - and the
advocate is found to have broken the golden referral rule - he
could be struck from the roll of the profession and not be allowed
to work again. The issue arose in an application for summary
judgment against the owner of a sectional title flat who is
allegedly in levy arrears. - IOL
website
Diplomats' fury at SA rape bungle - 16 September
The French and Belgian governments are incensed at how the South
African Police Services botched investigations into the rape of a
French tourist and an attack on her Belgian boyfriend on the
Durban beachfront in December last year. The two suspects walked
free this week. This is after police had originally received
accolades for the speedy arrest after the incident during the
International Paralympic Committee Swimming World Championship
last year. Now, apart from the lambasting the police got in court
this week, the consuls said the victims had not even been informed
that the accused - arrested within 36 hours of the incident - had
been set free. This follows months of delays arising from police
not appointing an investigating officer, not following up on DNA
analysis or taking statements from other police officers. -
Sunday Tribune
website
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Natal
Provincial Division
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http://www.uovs.ac.za/apps/law/highcourt/
'Drug queen'
loses house – 17 September
A high court judge yesterday granted an order forfeiting the
Pietermaritzburg property of an alleged
local drug queen, Ramjini Chetty, to the state. Chetty
whose drug-related activities allegedly date back to the
1980s, according to court papers
- is alleged to be one of the top
players in a drug-dealing syndicate
operating in the KZN midlands. She is facing trial on charges
under the drug trafficking act. The law
does not require an accused to be convicted before
assets said to be the proceeds of crime may be seized.
Acting Judge Farouk Moosa found
yesterday that the National Director of Public Prosecutions had
made out a case for the seizure of the
property in Queen Street, Pietermaritzburg.
–
Witness website
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Transvaal
Provincial Division
- (Court rolls at
http://www.courtroom.co.za/roll.php)
Nqakula allowed to appeal against squatter ruling - 19
September
Safety and Security Minister Charles Nqakula was on Wednesday
granted leave by the Pretoria High Court to appeal against a
ruling that he rebuild the shacks of a group of squatters or face
arrest. Judge Bill Prinsloo granted Nqakula leave to appeal to the
Supreme Court of Appeal against his ruling last month, which found
Nqakula to be in contempt of an earlier court order about the
rebuilding of the shacks, and again giving him 12 hours to
rebuild. Nqakula was also ordered to appear before court
personally to show that he had complied with the order, failing
which a suspended jail term and R10 000 fine would immediately
come into effect. It was against this ruling that he was granted
leave to appeal. - Mail & Guardian
website
Medical
aids registrar's wings clipped - 19 September
The Pretoria High Court has ruled that the registrar of medical
schemes, Patrick Masobe, may not appeal against a decision by the
Council for Medical Schemes, the regulatory body of which he is
the executive officer. Masobe has gained a reputation for
challenging decisions by the council when it has approved schemes
he has rejected, so the case has been keenly watched by medical
aid schemes. Last year he refused to register 90 of 220 changes to
proposed schemes. - allAfrica
website
Music promoter faces rape charges - 18 September
Well known music promoter Louis van Wyk is embroiled in another
legal battle involving a former employee. And Monday two
well-known Afrikaans singers, Nedine Blom and Patricia Lewis, were
at court to lend moral support to the complainant, Vanessa
Schmidt. Blom and Lewis have both also had run-ins with Van Wyk.
They were at the Pretoria High Court when the civil matter between
Van Wyk and Schmidt - who accused Van Wyk of twice raping her
while she worked for him - was heard. Schmidt opted to go the
civil route, rather than lodge criminal charges against Van Wyk.
The Pretoria magistrate's court in 2006 ordered Van Wyk to pay
Schmidt R20 000 in damages. Van Wyk on Monday appealed against the
verdict of the lower court, rendering him guilty and ordering him
to pay damages. Although he was not at the Pretoria High Court, he
instructed two of the country's top legal eagles to defend him.
They are former deputy president Jacob Zuma's advocate Kemp J
Kemp, who had Zuma cleared on a rape charge and Jaap Cilliers, who
defended the Waterkloof four and Dr Wouter Basson. -
IOL website
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Witwatersrand Local
Division -
http://www.saflii.org/
Transnet faces R120m lawsuit - 17 September
Transnet is being sued for R120-million for allegedly
bungling and then pulling out of a multimillion-rand deal to lease
locomotives to a company based in Tanzania.
The court records also detail a dramatic stand-off
between a Transnet official and the Tanzanian police after he was
accused of trying to sabotage the locomotives in that country.
The action was filed last month in the Johannesburg
High Court by Tanzanian company Trans Africa Railway Corporation.
Transnet has filed a notice to defend the action. -
The Times website
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Magistrates Courts
Lower Tugela
KZN man fined for child labour - 19 September
A KwaZulu-Natal businessman has been given a jail sentence of
three-years or a R10 000 fine for employing an under age child, the
labour department said on Wednesday. Ramraka Singh from Stanger was
arrested earlier this year for employing a 14-year-old child as a
street vendor selling clothes and cakes. This was in contravention
of the Basic Conditions of Employment Act, and the Lower Tugela
Magistrate's Court handed down the sentence this week. -
News24 website
Randburg
Stan Katz pleads not guilty at start of case - 18 September
The retired media personality Stan Katz pleaded not guilty to
beating up his exwife at the start of his trial in the Randburg
magistrate court this morning. His ex-wife - now the newly married
Philippa Sklaar-Taubman - who arrived in SA a few days ago from
her home in the US, is accusing him of twice viciously assaulting
her during the time of their marriage which lasted two years and
three months. - IOL website
Katz's ex-wife denies publicity-seeking charge - 18 September
Media personality Stan Katz's ex-wife, Philippa Sklaar, on Tuesday
denied that she had exaggerated an assault on her to gain
publicity for her new cookbook. Sklaar, a professional chefc who
now lives in America, was being cross-examined in the Randburg
Magistrate's Court where Talk Radio 702's former chief executive,
Katz, is facing two charges of having assaulted her in 2000. -
Mail & Guardian website
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Commission
for Conciliation Mediation and Arbitration
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http://www.ccma.org.za/
Beyond Mittal - 16 September
The only thing certain about the Competition Tribunal's
precedent-setting ruling against South Africa's
steel monolith, Arcelor Mittal SA, is that it's
going to have far-reaching consequences. But whether it is for
Mittal or the tribunal itself, remains to be seen. -
Mail & Guardian website
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SA Human Rights Commission -
http://www.sahrc.org.za/
Public
hearings into evictions, repossessions and housing
For more information please contact Lynette Bios at (011) 484 8300
ext 2034 or by e-mail :
lbios@sahrc.org.za
Terms of reference at
http://www.sahrc.org.za/sahrc_cms/downloads/Evictions_Terms%20of%20Reference.doc
Commission probes rights violations on farms - 19 September
The South African Human Rights Commission (SAHRC) is currently
carrying out an inquiry into human rights violations in the
country's farming communities. Policy changes that occurred in the
agricultural sector include the inclusion of farm workers into the
Labour Relations Act of 1995, the promulgation of legislation such
as the Sectoral
Determination for Farm Workers, the
Extension of Security of
Tenure Act of 1997 (ESTA), and
Labour Tenants Act of 1996.
Whilst these policies were designed to create equity, a more
commercially viable agricultural sector and to protect the
interests of both farm workers and farmers, farmers are being
forced to make use of labour saving technology in an effort to
become more competitive. -
BuaNews Online website
Sexual harassment on farms increasing, SAHRC hears - 19
September
Sexual harassment on farms is on the increase and the victims are
getting younger, the South African Human Rights Commission (SAHRC)
heard on Wednesday. This was according to Claudia Lopes from Rural
Education Awareness and Community Health (Reach), presenting at
public hearings on the effectiveness of legislative and policy
changes in farming communities. -
Mail & Guardian website
Rights commission looks into farm conditions - 18 September
The difficulty in implementing policies designed to protect the
interests of farm workers and farmers has prompted the South
African Human Rights Commission (SAHRC) to conduct an inquiry into
conditions on farms. SAHRC spokesperson Vincent Moaga said on
Tuesday that public hearings on farm conditions would look into
three issues : land-tenure security,
labour relations and safety on farms. -
Mail & Guardian website
17 September 2007
South African Human Rights Commission's public hearings into
conditions on farms begin tomorrow
SA Government Information
website
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Government
and Legislation |
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South
Africa Government Information
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http://www.gov.za/
Statements and
Speeches
18 September
2007
Address by Minister of Finance Trevor A Manuel on Provincial
Budgets and Expenditure Review, Western Cape Provincial
Legislature
17 September
2007
Minister of Trade and Industry, Mandisi Mpahlwa, addresses
CoMMIt '07 Symposium
Keyphrase :
Information and Communications Technology (ICT)
14 September
2007
Signing of a Collective Agreement on Occupational Specific
Dispensation for Nurses, Centurion
10 September
2007
Top professional football teams contravenes the
Unemployed
Insurance Funds Law (UIF) Law
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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Documents may generally be accessed immediately by clicking on the
underlined hyperlinks. Subscription-protected documents are
indicated by * * * Subscription required * * * ; KZNLS
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Committee Minutes
Arts and Culture
Portfolio Committee
18 September 2007
Committee
oversight visit reports : Adoption ; Election of a Chairperson
11 September 2007
Committee
Reports on oversight visits and Committee Budget 2007/8 :
Discussion
Communications
Portfolio Committee
* * *
Subscription required * * *
18 September 2007
SABC
Board nomination process : ICASA Council vacancy : Shortlisting
; Election of Chairperson
11 September 2007
SABC
Board : Finalisation
Justice and
Constitutional Development Portfolio Committee
* * *
Subscription required * * *
18 September 2007
Judicial Service
Commission Amendment Bill : Deliberations
12 September 2007
Judicial Service
Commission Amendment Bill : Deliberations
Justice and
Provincial and Local Government Portfolio Committees
* * *
Subscription required * * *
13 September 2007
Constitution Thirteenth
Amendment Bill and Cross Boundary Municipalities Laws Repeal and
Related Matters Amendment Bill : Adoption
Provincial and
Local Government and Justice Portfolio Committees
* * *
Subscription required * * *
11 September 2007
Matatiele
Local Municipality : Service delivery, population, status :
Department briefings
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Legislation
Children's Bill
Hearings
on Children's Bill set for Tuesday - 17 September
Following community consultations on the draft Children's
Amendment Bill, in four provinces during August, the Portfolio
Committee on Social Development announced that public hearings
will be held in Parliament, Tuesday. The draft Children's
Amendment Bill, which could outlaw this form of punishment, came
before Parliament for public hearings and further debate, from 13
to 17 August. This week, the National Assembly will consider some
of the issues that were raised during the provincial
consultations, and will afford another platform to various groups
to discuss the merits of banning corporal punishment in homes, as
included in the current draft of the Bill. -
BuaNews Online website
Constitution
Thirteenth Amendment Bill
Assembly passes controversial borders Bill - 20 September
The controversial Constitution 13th Amendment Bill was passed in
the National Assembly on Thursday, despite opposition from the
Democratic Alliance, Inkatha Freedom Party, Independent Democrats,
African Christian Democratic Party and the Pan Africanist
Congress. The Bill seeks to realign certain provincial borders to
avoid municipal boundaries straddling them. -
Mail & Guardian website
Criminal Law (Minimum
Sentencing) Amendment Bill
Regional courts can give life - 21 September
Legislation granting regional courts jurisdiction to impose life
sentences in cases where this is prescribed has been approved in
the National Assembly. Introducing debate on the Criminal Law
(Sentencing) Amendment Bill, Justice and Constitutional
Development Minister Brigitte Mabandla said on Thursday that cases
often had to be transferred from the regional courts to the high
courts for sentencing. This led to delays and sometimes
duplication, as well as the fact that vulnerable victims were
often required to repeat their testimony which could be seen as a
form of secondary victimisation. -
News24 website
Radical changes made to rape laws - 21 September
MPS have approved a bill making it harder for rapists to argue for
reduced sentences. The Criminal Law (Sentencing) Amendment Bill
bars judges and magistrates from considering a rape victim's
sexual history, or apparent lack of physical injury, to justify
lessening prescribed minimum jail terms. They are also no longer
allowed to take into consideration a convicted rapist's personal
or cultural beliefs about rape, or any relationship between the
rapist and victim. -
Business Report website
Electronic Communications Amendment Bill
GN
876/GG 30308/17-09-2007
19 September 2007
Communications Ministry invites written comments to the
Draft Electronic
Communications Amendment Bill
EC Act to be amended - 20 September
The Department of Communications has gazetted amendments to the
Electronic Communications (EC) Act. These amendments are aimed at
smoothing out the licence process for Infraco, although the
department does not explicitly say so. -
ITWeb
website
Minister's pronouncements gazetted - 20 September
Pronouncements made by communications minister Ivy Matsepe-Casaburri
in her budget speech have been gazetted, even though some are now
out of date. In the Government Gazette dated 17 September,
Matsepe-Casaburri has made policy announcements and determinations
as per the Electronic Communications Act. -
ITWeb website
National Credit Act
Employers that grant staff loans may break credit act, says lawyer
- 20 September
A lot of companies could be breaking one of South Africa's newest
laws - the National Credit Act. This is according to Shepstone &
Wylie Attorneys, a Durban-based law firm. A number of lawyers and
credit providers have taken the view that loans given to workers by
their employers did not fall within the scope of the new credit law,
but the national credit regulator has refuted this view. Peter Setou,
the senior general manager for education and strategy at the
regulator, said all forms of interest-bearing credit, whether
granted by banks, other institutions or employers, came within the
ambit of the act. - Business
Report website
NCA not yet
impacting rentals – 18 September
It has been three months since the implementation of the National
Credit Act tightened control over access to credit. But, says Pam
Golding Properties, the legislation has not yet resulted in the
predicted run on rental properties. PGP's Rentals Director for
the Western Cape metro region, Dexter Leite, says there remains
ongoing demand for quality rental homes throughout the Cape Town
metropolitan area, but says there has not yet been any significant
impact attributable to the NCA. However, he adds, he does expect
to see the situation change in the next few months, with an
increased demand for rentals from first-time home-seekers in
particular. – Cape Business News
website
National Gambling Amendment Bill
[B31B-2007]
-
http://www.polity.org.za/attachment.php?aa_id=7429
[B31A-2007] -
http://www.polity.org.za/attachment.php?aa_id=7428
17
September 2007
Minister of Trade and Industry Mandisi Mpahlwa on Second Reading
Debate of the National Gambling Amendment Bill, National Assembly
SA Government Information
website
National Sport
and Recreation Amendment Bill, 2007
13 September
2007
Briefing notes for Minister of Sport and Recreation Doctor
Makhenkesi Stofile regarding the second reading debate on the
National Sport and Recreation Amendment Bill, 2007, National
Council of Provinces
SA Government
Information website
Patents Act and
Copyright Act
ICT industry misunderstands patents - 17 September
The South African ICT industry is misreading the Patents
Act, and this is costing it money, says Spoor & Fisher patent
attorney Chris de Villiers. He says it is commonly wrongly
asserted that software can generally not be patented and must be
protected under the Copyright Act. "This
view is widely held, but is based on a misunderstanding of the
South African Patents Act, which has very similar wording to the
European and UK legislation on this point".
- ITWeb website
Pension Funds
Amendment Act
Immediate benefit for ex-spouses – 16 September
The Pension Funds Amendment Act, which was recently signed into
law by President Thabo Mbeki, makes provision for divorced spouses
to gain immediate access to their share of the cash benefit from
their ex-spouses' retirement benefits. "This legislation settles
the problem of accessibility of retirement monies by ex-spouses
who previously had to wait for long periods before accessing their
share of the benefit," said Krishen Sukdev, the consulting actuary
for Aon Consulting. In the old
legislation, non-member former spouses were entitled to withdraw
the amount awarded by the court only when the pension interest was
payable upon the accrual of the benefit to the member. –
Fin24 website
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Links and Items of Interest |
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Legal Profession
South Africa
Law Society tribute to
the late Chief Justice Michael Corbett
The Law
Society of South Africa (LSSA) has paid tribute to the late
Chief Justice Michael Corbett for his contribution to the
country's administration of justice
and particularly his role as Chief Justice during the years of
transition from the former dispensation to the current one.
'Judge Corbett was a great South
African jurist and well respected by all,'
say LSSA Co-Chairpersons David Gush and Henry Msimang.
The LSSA
can but echo the words of former president Nelson Mandela at a
State banquet in honour of Judge Corbett at the time of his
retirement : 'His
contribution is not easily encompassed. He has achieved
distinction as legal scholar, as writer, as advocate and as a
judicial officer. Throughout his career a passion for justice
and a sensitivity to racial discrimination were combined with
intellectual rigour and clarity of thought'.
Again, when
awarding national orders, former President Mandela said of the
recipients, one of which was Judge Corbett, that they
displayed a courage born of the yearning for freedom
; of hatred of oppression, injustice and inequity
whether the victim be oneself or another
; a fortitude that draws its strength from the
conviction that no person can be free while others are unfree.
In such strivings on the part of those who were New Patriots
before their time, lie the roots of our Rainbow Nation.
The LSSA
and the attorneys' profession pays
tribute to Judge Corbett for his contribution as set out for
posterity in the Law Reports and for his role in steering the
early Judicial Service Commission as it began its journey to
transform South Africa's judiciary,
in this way making justice more accessible and acceptable to
all South Africans.
Issued on behalf of
the Co-Chairpersons of the Law Society of South Africa
by Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone ; 012-366 8809 or 083-380
1307
E-mail :
barbara@lssa.org.za
Website :
www.lssa.org.za
SA mourns champion for justice
- 19 September
One of South Africa's great jurists, former chief justice
Michael Corbett, died in Cape Town on Sunday two days after
turning 84. He had a stroke on Thursday night, on the eve of
his birthday. Judge Corbett was appointed the country's chief
justice in February 1989 and oversaw the transition to
democracy until his retirement in December 1996. -
IOL
website
19
September 2007
South African Revenue Service pays tribute
to Judge Michael Corbett
SA
Government Information website
Zuma : Judiciary must remain independent - 17 September
The judiciary must and should always be independent from the
executive and Parliament, and be resistant to influence from any
quarter, African National Congress deputy president Jacob Zuma
said on Saturday. In an address to the
Gauteng Law Council, he
said the country should guard against the passing of legislation
that could give investigating powers - which should be vested with
the police - to the judicial system. -
Mail & Guardian website
Canada
Women and the law closes its doors - 20 September
"It is outrageous that the National Association of Women and the
Law (NAWL) has been forced to layoff its full time staff and close
its doors because Stephen Harper's government does not believe it
deserves funding," said CUPE National President Paul Moist. The
Harper minority government changed the mandate of Status of Women
Canada - the agency that funded groups like NAWL, and took out
references to the advancement of feminist work. -
Newswire website
Europe
In-house lawyers disappointed with dawn raids decision - 17
September
The confidential protection enjoyed by lawyers over their
communications does not extend to in-house lawyers, the European
Court of First Instance ruled yesterday. In a keenly awaited
decision, the court held that companies facing the seizure of
documents by the European Commission in dawn raids could not
automatically claim legal professional privilege. That protection
applied only to the extent that a lawyer is independent, which -
it said - meant not bound to his client by a relationship of
employment. - The
Times [UK] website
United States
Guilty plea is expected in kickbacks at law firm - 18
September
The securities lawyer William S Lerach is expected to plead guilty
today to a criminal conspiracy charge in connection with a
class-action scheme involving his former firm, now known as
Milberg Weiss, several people with knowledge of the plea agreement
said yesterday. Mr Lerach, who has long been under investigation
by federal authorities, is expected to enter his plea in United
States District Court in Los Angeles. Under the plea deal, he
faces one to two years in prison, and will also pay a significant
fine, the people said. All spoke on the condition that they not be
identified. Mr Lerach's plea comes amid
a seven-year investigation into whether he and other senior
lawyers at Milberg Weiss conspired to pay kickbacks to individuals
who agreed to serve as named plaintiffs in class-action lawsuits.
- New York Times website
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South Africa
2010 FIFA World Cup
More construction woes for Green Point - 19 September
Construction of Cape Town's 2010 stadium at Green point has ground
to a halt again over a labour dispute. The city council said in a
statement that some workers downed tools on Tuesday and were still
not working on Wednesday. The construction site had been "closed
down temporarily". - Mail & Guardian
website
South Africa wildcat strike raises 2010 World Cup jitters - 19
September
A South African police officer was injured on Wednesday during a
wildcat strike at a soccer stadium work site, raising fears that
labour disputes could disrupt the nation's preparations to host the
2010 World Cup. Some 1 000 workers, many affiliated to the National
Union of Mineworkers (NUM), downed tools at Cape Town's Green Point
stadium to demand better travel benefits. Some threw stones and
bricks when police tried to break up the protest. "The strike will
continue until our demands are met. We will strike to Kingdom come,"
said Mzulula Madolo, a worker who took part in the protest. It was
the second time in the past month that workers at Green Point, one
of 10 South African stadiums being built or refurbished for 2010,
had participated in an illegal strike. -
Reuters website
Black Economic Empowerment
Cabinet gives thumbs up to Sasol BEE deal - 20 September
Petrochemicals giant Sasol's proposed black economic-empowerment
(BEE) deal was "broadly in line" with the South Africa's Codes of
Good Practice, and Cabinet said on Thursday that it approved of
the R18-billion deal. -
Creamer Media's
Engineering News website
Education
Salary
boost proposed for SA teachers - 18 September
A report provided to the Council of Education Ministers (CEM) on
Monday provides for massive potential adjustments to teachers'
salary scales. From January 2008, teachers will be "translated" on
to new salary scales that provide for increases ranging from one
percent to a massive 40 percent. The CEM is a forum that includes
the Minister of Education, Naledi Pandor, and the nine provincial
education MECs. Speaking to reporters at a Cape Town hotel during a
break in the talks with her provincial counterparts, Ms Pandor said
the larger increases would go to those educators with strong
qualifications and the most experience. -
BuaNews Online website
17 September 2007
Council of Education Ministers announces resolution of meeting in
Cape Town
SA Government Information
website
Keyphrase :
Grade 9 certificate
Entertainment
SA artists vent fury over airplay payola - 19 September
Some of South Africa's most famous recording artists, including
singer Johnny Clegg, have accused the country's public broadcaster
of demanding bribes if they want to be heard on air. "It's a very
crazy situation . . . that we local musicians have to pay to get
airplay on radio stations," said Clegg, who is nicknamed the White
Zulu. Clegg said he had been particularly angered by Ukhozi FM, a
Zulu-language South African Broadcasting Corporation (SABC) radio
station, which recently demanded R13 000 ($1 900) for an interview
after he was honoured at the South African Music Awards for his new
album One Life. Poet and musician Mzwakhe Mbuli, who has
refused to pay up, recently announced he would stop recording in
frustration over the lack of airtime. -
Mail & Guardian website
Environment
Film sees Bay through eyes of 'Ocean Messenger' - 20
September
An unusual new film on the value of the marine life of Algoa Bay and
the threat posed by unsound development was launched in Port
Elizabeth yesterday. Ocean Messengers has already been
accepted by upcoming festivals in Holland, France, Portugal and
Germany and caused a stir when it was flighted at the Wild Talk
Festival in Durban last month. The 20-minute film is narrated by a
whale, "the father of the sea",
and the footage focuses on sharks, whales, gannets and other
predators pursuing bait-balls of sardines. It also focuses on human
activity in the bay viewed through the eyes of the whale. -
The Herald Online website
Wetlands plan has residents in uproar - 18 September
Residents and environmentalists in the Plettenberg Bay area are
worried about Eskom's plans to erect a new
power sub-station at the lower end of the pristine Bitou Valley,
which encompasses a protected wetland. -
The Herald Online website
Fishermen in stand-off with security guards - 17 September
A volatile two-hour stand-off occurred between police, security
guards and fishermen on the beach alongside the Bluff's South Pier
in Durban on Sunday, when National Ports Authority staff ordered the
fishermen to leave the area. The area has been used for subsistence
and recreational fishing for more than 100 years, but ports
authority officials said on Sunday they had a court order barring
fishermen from the area. It is alleged that the security guards
"harassed" the fishermen, and threatened to break their rods and
have them arrested. Police were called to the scene and when the
court order could not be produced, they ordered that the fishermen
could continue their activities. -
IOL website
Limpopo farmers go green - 14 September
A group of Limpopo farmers went to Thailand recently to learn the
eco-friendly farming techniques of Japanese philosopher Mokichi
Akada. Kyusei Nature Farming encourages farmers to take from the
earth only what they can return to it. The farmers, who belong to
the Transvaal Agricultural Union's northern branch (TAU-SA North),
studied Kyusei Nature Farming and the use of Effective
Micro-organisms (EM) as alternatives to intensive chemical farming,
which is harmful to human health and the environment. -
News24 website
Durban Refinery Fire - 18 September 2007
Depot blaze
Comments from residents
East Coast Radio
Big Breakfast blog
Firefighting
continues, probe under way - 19 September
East Coast Radio website
Fleeing the fire - 19 September
One person has been reported missing today after a blaze at the
Island View storage depot in Durban. Although authorities were
claiming their evacuation plan was a success, a row erupted this
morning when community leaders criticised the city's emergency
planning procedure, saying that residents of the area did not know
about an emergency evacuation plan. -
Daily News website
Durban fire 'pretty intense' - 19 September
Chemical fires in the Bluff area have largely been put out after a
massive fire-fighting effort was launched to extinguish exploded
tanks at Durban's Island View oil depot on Tuesday night. Eight
tanks allegedly caught fire, according to Durban Fire Station
spokesperson, Keith Kiethlouws, and fires raged through the night,
causing about a 100 people to be evacuated from their homes. -
News24 website
'Fireballs' as Durban harbour in flames - 19 September
Massive explosions shook the Durban harbour, Bluff and CBD around
7pm on Tuesday night, followed by a huge blaze in the Island View
liquid storage tank zone, home to more than 1 000 tanks containing
highly volatile liquid fuels and other products. Flames leapt high
into the night sky and were visible around the city as emergency
services evacuated buildings and homes around the Bluff's harbour
storage tank areas. - IOL
website
Fire at
South Africa oil depot, workers evacuated - 19 September
An oil depot in South Africa caught fire on Tuesday and three
storage tanks exploded, SAPA news agency reported. It was believed
that two of the tanks that exploded contained solvents and the third
lubricant oil, SAPA said. The explosions came within a 20-minute
period, a witness told the news agency. -
Javno website
Source :
Shipping News 4 November 2006
Ports & Ships website
Maps, weather and airport for Island View
http://www.fallingrain.com/world/SF/2/Island_View.html
Durban Harbour : lifeline
of the SADC region
for development plans and images
Skyscrapercity website
see also
http://www.ports/co.za/durban-harbour.php
and
http://www.bp.com/sectiongenericarticle.do?categoryId=16003546&contentId=7020484
Dead fish removed from harbour after blaze - 21 September
Cleaning crews in Durban harbour were on Thursday seen removing dead
fish near the Island View Storage (IVS) depot that had been ablaze
on Tuesday. It is believed that the chemicals were released into the
harbour for three hours on Tuesday night during the blaze.
Surrounding the group of tanks that went up in a blaze is a lined
wall around the tanks designed to catch all fluid that leaks from
it. Known as a bund wall, the sealed walls should be able to hold
the amount of liquid in the tanks. The decision to release the
cocktail of chemicals from the bund wall into the harbour was taken
by the joint operational command centre set up to deal with the
blaze. - IOL website
Ramos calls for Bay safety checks after Durban blaze - 20
September
A top-level assurance that special safety checks would be carried
out at all ports – including the Port Elizabeth harbour – was issued
yesterday after a devastating fire at a fuel storage depot in Durban
which left at least one employee unaccounted for last night. -
The Herald Online website
Foreign Affairs
SA,
Mozambique build on relations - 18 September
South Africa and Mozambique have taken their bilateral relations
further, after holding a successful meeting Tuesday, where various
issues of cooperation were discussed. Issues of mutual benefit that
were discussed at the meeting included those pertaining to economic
cooperation, tourism and environment issues, finance, customs
administration and border matters, minerals and energy, and transport
and communication. - BuaNews
Online website
Health
Nozizwe
Madlala-Routledge and the future of AIDS policy in South Africa
– 15 September
I have now been back in New York for two weeks and have had time
to reflect on my work and need to share with you an experience
before I left South Africa that has put my work into perspective.
I have pondered my month's work in rural Eastern Cape, both in
terms of teaching nurse mentors on HIV care and then being in the
field and witnessing two of them going back to their clinics and
initiating the opening of a clinic to serve women in their first
week postpartum, to intervene in infections that are taking new
mothers' lives who are HIV infected and not receiving adequate
early follow-up to prevent morbidity and mortality. And I
participated in curriculum development to train midwives in rural
areas of KwaZulu Natal to become proficient providers to women
and babies with HIV. Article by Jennifer Dohrn. –
MRZine website
Judiciary
Ban looms on board positions for judges - 19 September
Parliament’s justice committee is poised to outlaw judges from
accepting paid directorships and consultancies even for charities
and not-for-profit companies because of the danger of conflicts of
interest.
The Judicial
Service Commission Amendment Bill proposes that there should
be a limited list of things serving judges can do for pay outside of
their judicial functions.
MPs of all parties said emphatically yesterday there
should be a "big no"
to directorships and consultancies. -
Business Day website
'Judges
must uphold ethics' - 17 September
The biggest threat to the independence of the judiciary could be
sabotaged by those who failed to uphold ethics within the judiciary
itself.
Addressing a magistrates'
conference at the weekend, Deputy Chief Justice Dikgang Moseneke
also called on judges to act honourably in the discharge of their
duties. The first of its kind, the conference also looked at
appointments, accountability, training requirements, ethics,
institutional governance and enhancing the efficiency of the lower
courts and challenges magistrates faced daily. -
Sowetan
website
Magistracy
forms part of judiciary - 17 September
The time had come to stop seeing magistrates as separate from the
judiciary, Minister for Justice and Constitutional Development,
Brigitte Mabandla said Sunday. The minister said this in her address
at the close of a two-day Magistrates Conference in Johannesburg at
the weekend. The conference marked the first time that magistrates
had gathered together in such big numbers, over 500, to discuss the
way forward for themselves in a new regime. -
BuaNews Online website
16 September 2007
Magistracy should take rightful place in judiciary
: [Brigitte Mabandla]
SA Government Information
website
15 September 2007
Single judiciary under hot debate at Magistrates' Conference
SA Government Information
website
15 September 2007
Minister of Justice and top judges open Magistrates' Conference
SA Government Information
website
Magistrates to discuss courts' transformation - 14 September
The Department of Justice and Constitutional Development will host a
two-day magistrate's dialogue on aspects relating to the
transformation of the lower courts starting on Saturday. About 600
participants are expected to attend the conference, which will have
a specific focus on efficiency and judicial accountability, to be
held at Gallagher Estate. The diverse audience will share
information on judiciary matters such as the rule of law,
independence of the judiciary and aspects relating to it. -
BuaNews Online website
KwaZulu-Natal
Transforming HR tops KZN convention's agenda - 18 September
Transformation of Human Resources (HR) will be the hot topic at this
year's Human Resources Convention, hosted by the KwaZulu-Natal
Office of the Premier and the Provincial Government. This year's
convention is themed "Transforming Human Resources in the Public
Sector : From transactional management to
boardroom strategic partnerships". It is a continuation on the
elevation of last year's theme of "Repositioning Human Resources" as
we advance closer to the notion of a single public service to
enhance local governance, the provincial government said Tuesday. -
BuaNews Online website
Labour Matters
SA
motor industry 'on brink of disaster' - 20 September
In one of the gravest warnings ever issued about the future of the
South African motor industry, a chief executive said yesterday that
thousands of jobs could be lost permanently if a strike was not
resolved urgently. The industrial action by component industry
employees over a difference of 0,5 per cent in a wage dispute is
crippling vehicle manufacturing plants and their suppliers
throughout the country. Production of thousands of vehicles,
hundreds of millions of rands in turnover, and millions of rands in
wages have already been lost. Volkswagen SA managing director David
Powels warned : "The Volkswagen worldwide group, based in Wolfsburg,
Germany, regards this strike in an extremely serious light and now
has serious reservations about Volkswagen of SA playing a meaningful
role in the group's worldwide supply chain". -
The Herald Online website
19 September 2007
Time for employers to adjust payrolls
SA Government Information
website
S Africa manufacturers say workforce can't compete - 19
September
South Africa's manufacturers are feeling the pinch from tightening
interest rates, but rigid labour laws and unskilled workers have
left them unable to compete with cheap imports from China.
Manufacturers say it is becoming more and more difficult to operate
a successful enterprise in South Africa, with an unskilled but
expensive workforce, while labour laws make it difficult to hire and
fire. - Reuters website
Land Affairs and Property
Race
specification best way to navigate tricky terrain - 19
September
Being asked to specify one's race on an official form leaves most
South Africans feeling a little queasy. Not long ago, the state
used racial classification to dish out privilege and pain,
depending on which race group you belonged to. Neither the victims
nor the beneficiaries of apartheid want old wounds reopened. The
gut reaction against a recommendation by Shadrack Gutto's team of
experts investigating foreign land ownership that a property
owner's race should be listed on title deeds is therefore
understandable. But gut feeling should not be allowed to replace
rational debate. It is wishful thinking to imagine that decades of
racial discrimination can be undone simply by deracialising
society. Repealing racist legislation, outlawing racist practices,
and nurturing colour-blind values in polite society does not make
racism's cumulative effects disappear. This is especially true of
land ownership. - allAfrica
website
Beneficiaries get lessons in home ownership - 19 September
People in Mpumalanga who qualify for low-cost housing or who
already live in low-cost houses are being encouraged to look after
them and pay for municipal services. The department of local
government and housing embarked on a Housing Consumer Education
Programme at the beginning of the month, which will run until the
end of the year. "It is critical that consumers be educated about
basic issues such as accessing a home and the responsibility of
home ownership, as it has become clear that most new owners have
not been given the necessary education," said department spokesman
Simphiwe Kunene. He said the programme would cover tenure options,
affordability and savings, housing finance, contracts, aftercare,
as well as HIV and AIDS awareness, housing and sanitation, and
health and hygiene. - BuaNews
Online website
How building insurance has changed - 12 September
We as purveyors of insurance replacement cost assessments for
sectional title complexes and buildings in general, feel that the
general public should be discouraged to compare vehicle insurance
with building insurance as they are two entirely different issues.
Replacement cost assessments should best be left in the hands of a
professional valuer as DIY methods and single rate assessments
can, and will, lead to disaster. The bottom line is that
underwriters cannot set sound technical premiums if they do not
receive accurate values for the properties they insure and the
horror of under-insurance is that it is unfortunately only
revealed at claim time! Article by Constant Laubscher. -
Property24 website
Municipal valuation versus fair market value - 11 September
Property Finance Specialist, Tess Rodrigues of Property Factor
recently discovered that SARS has charged certain buyers transfer
duty based on the municipal valuation of the property as opposed
to the purchase price as per the offer to purchase. -
Rodney Hayter website
Housing
Corp to auction defaulters' flats - 21 September
The refusal of tenants to pay rental fees has prompted the North
West Housing Corporation to auction all the flats it manages.
Addressing a press conference on Thursday, the corporation's Chief
Executive Officer, Pitso Tolo said the corporation was financially
crippled by the situation, to the point that it was in arrears
totalling R184 million. -
BuaNews Online website
Development
Row over District 6 lofts - 20 September
A row has blown up over a plush R150-million residential lofts
development set to be built on a portion of land that was
originally part of District Six. It is the latest in a series of
disputes and flare-ups over District Six land. One council
official told the Cape Argus the land should never have been sold
into private hands. The development has seemingly slipped through
the restitution process and land claimants who are still waiting
for fair restitution more than a decade after the process began
are now on the warpath. - IOL
website
Keyphrase :
Red Brick Building
N2
Gateway and the Joe Slovo informal settlement : the new
Crossroads? - 19 September
Martin Legassick argues that the high-handedness of the South
African housing minister, Lindiwe Sisulu, towards residents of the
Joe Slovo informal settlement is 'reminiscent of old apartheid
ministers. Her behaviour is a symptom of the arrogant, aloof, and
self-satisfied unwillingness to listen to ordinary people that
increasingly characterises the Mbeki government'.
- allAfrica website
Evictions
17 September
2007
Statement of support to Deputy Minister of Agriculture and Land
Affairs, Dirk du Toit
SA Government Information
website
Foreign Land Ownership
see
GG reference above
14 September
2007
Speech by Minister for Agriculture and Land Affairs Lulu
Xingwana during the launch of the Report on Land Ownership by
Foreigners in South Africa, Sheraton, Pretoria
SA Government Information
website
Foreign landowners stymie transmission strengthening, says Eskom
chief - 19 September
The heated
debate over the foreign ownership of South African land took a
somewhat surprising new turn on Wednesday, with the head of the
State power utility suggesting that foreign ownership of large
tracts of land is constraining its ability to secure the
servitudes necessary to strengthen the transmission network.
Speaking at the South African Institute of Electrical
Engineering's inaugural breakfast briefing at Woodmead, north of
Johannesburg, Eskom CEO Jacob Maroga indicated that the
acquisition of land and servitude rights had emerged as a major
challenge. This issue, together with delays in environmental
impact assessment (EIA) approvals, had also emerged as a
possible constraint to the delivery of a R150-billion, five-year
investment programme aimed at increasing generation capacity and
strengthening the transmission and distribution systems.
-
Creamer Media's
Engineering News website
Two sides to moratorium on foreign land owning - 17
September
A government-commissioned report detailing measures to control
foreign land ownership in South Africa has drawn mixed responses
from municipalities and business stakeholders. -
The Herald Online
website
Panel releases report on foreign land ownership in SA for public
comment - 17 September
Historically disadvantaged South Africans must have first claim
to land owned by a foreigner and all coastal land used for game
ranches or golf estates, agricultural and land affairs minister
Lulu Xingwana said on Friday. -
Business Report website
Foreign-owned land 'threatens' food security - 17 September
"Mushrooming" golf estates, coastal developments and game farms
are coming under the government's microscope as the state
decides whether or not to regulate foreign land ownership. The
vast tracts needed for upmarket developments such as golf
estates could impact on South Africa's long term food security,
according to Agriculture and Land Affairs Minister Lulu Xingwana.
- IOL website
Filling the gaps in land reform - 16 September
The finding that South Africa does not have accurate and
reliable information on the ownership of land by foreign persons
and corporate entities - or on the racial and gender profiles of
land ownership in general - led to the recommendation of
compulsory disclosure of nationality, race and gender by all
those who own land today, as well as those involved in future
land and property transactions. This is not a difficult
recommendation to implement, as compliance with the
Financial Intelligence
Centre Act has demonstrated. The offshoot will be the
permanent availability of information for development purposes
and measuring progress or otherwise achieving the vision of the
Constitution. - Mail & Guardian
website
Cabinet
approves Foreign Land Ownership Report - 15 September
Cabinet has officially approved a report on ownership of land by
foreigners in South Africa announced Minister of Agriculture and
Land Affairs Lulu Xingwana, Friday. The report was drafted by a
panel of experts investigating the matter over the past three
years. The Panel of Experts on the Development of Policy
Regarding Land Ownership of Foreigners in South Africa was
appointed in August 2004, due to uncertainty regarding how much
land is owned by foreigners and its resulting impact on property
markets. -
allAfrica website
King Shaka Airport, Durban
14 September 2007
Address at the occasion of Sod Turning of La Mercy Airport by Jeff
Radebe, MP Minister of Transport
SA Government Information
website
Construction takes off at new Durban airport, despite legal
challenge - 14 September
Construction on the King Shaka International Airport, which will
replace the existing Durban International Airport, will continue
full-steam ahead, Transport Minister Jeff Radebe said on Friday,
at the official sod-turning event, at La Mercy, north of Durban.
Questions had been raised over whether a court application by the
Indiza consortium, led by Grinaker-LTA, which is challenging the
tender procedures in the awarding of the R6,8-billion contract to
a consortium led by rival Group Five, could delay the project. -
Creamer Media's
Engineering News website
Land Reform
Minister may curtail rights of land reform beneficiaries - 15
September
Black people who lost their land under previous administrations
and communities who have never owned land in SA may never enjoy
full property rights in respect of land handed over to them under
the government's land reform policies.
Agriculture and Land Affairs Minister Lulu Xingwana told the
Wallmansthal community north of Pretoria at a land hand-over
ceremony last Saturday that she had inserted a clause into the
community's titles that gave her a veto
over the sale of their newly acquired land.
"It is recorded that upon the date of
transfer, the property shall not be encumbered, sold or otherwise
disposed of without written consent from the minister",
Xingwana said. - Business
Day website
Media
Freedom of expression "not well understood" - 20 September
Freedom of expression was not well understood by many South
Africans, outgoing Press Ombudsman Ed Linington said in his final
report. Linington blamed this on South Africa having recently
emerged from a severely restrictive past. -
Citizen website
Advertisers want Media24 refund - 15 September
Advertisers have asked that magazine publisher Media24 pay back the
full amount for adverts placed in titles which were found to have
inflated circulation figures, The Weekender reported on
Saturday. Seven titles were suspended by the Audit Bureau of
Circulation (ABC) earlier this week including True Love,
True Love Babe, inStyle, FairLady, Leef and
Sarie, the Weekender said. -
News24 website
Minerals and Energy
Angloplat's loss of rights is gain for equity firm - 20
September
Anglo Platinum (Angloplat) is paying the price for not having
complied with the new mining law, through the loss of nine
prospecting rights, including the five that have since gone to Nkwe
Platinum's empowerment group, Genorah Resources. Angloplat
originally applied for the high court to review a decision by the
department of minerals and energy to set aside the prospecting
rights issued in respect of nine farms. Nkwe said in a statement
yesterday that the company had received a letter from the department
saying the prospecting rights granted to Genorah were valid. -
Business Report website
SA
outlines nuclear energy plans to world body - 18 September
South Africa has outlined its nuclear energy plans at the General
Meeting of the International Atomic Energy Agency (IAEA), the
highest policymaking body of the Agency, currently underway in
Vienna, Austria. Addressing delegates at the meeting Monday,
Minerals and Energy Minister Buyelwa Sonjica said the South African
Cabinet has recently approved a
Draft Nuclear Energy Policy
and Strategy for and released to the public for comment. The
Nuclear Energy Policy and Strategy provides a framework in which an
extensive nuclear programme can be realised in South Africa, the
minister explained. - BuaNews
Online website
17 September 2007
Statement by the leader of the South African delegation, Buyelwa
Sonjica, Minister of Minister of Minerals and Energy, to the 51st
session of the International Atomic Energy Agency (IAEA) General
Conference
SA Government Information
website
Eskom request for substantial tariff hike 'broadly valid' :
regulator - 17 September
The National Energy Regulator of South Africa's (Nersa's) staff has
completed a report on power utility Eskom’s application for changes
to the rules that determine electricity prices in the country, and
has released it for public comment this week. Should these changes
be approved, South Africans would face an electricity increase of
some 18% next year. -
Creamer Media's Engineering News website
Biofuels plan should be finalised by end-October : DME - 17
September
The long-awaited biofuels policy document should be finalised by the
end of October, Department of Minerals and Energy chief director of
clean energy Sandile Tyatya said on Monday. Tyatya noted that the
document had been discussed and reviewed by the inter-mininsterial
committee on biofuels, and would be presented to Cabinet in the next
two weeks. - Creamer
Media's Engineering News website
Lack of
legislation holds back biofuels - 16 September
South Africa is encouraging the
use of biofuels such as ethanol and biodiesel in order to cut down
on greenhouse gas emissions, which contribute to global warming. But
the government is dragging its feet in coming up with the
legislation that would regulate the biofuels industry.This emerged
at this week's Biofuels Africa 2007, an annual gathering of role
players in the entire biofuels value chain that brings together
regulators, feedstock providers, project developers, financiers and
investors to thrash out challenges and provide opportunities that
exist in the biofuels sector. – Fin24 website
SA
mining laws impede exploration : Oppenheimer - 14 September
South Africa's mining legislation was holding back exploration in
the country and, given the global commodities boom, it should be
easier for mining companies to do prospecting work, De Beers group
chairperson Nicky Oppenheimer said on Friday. -
Creamer Media's Mining
Weekly website
How
will NOx clampdown affect SA's coal exports? - 14 September
Europe is imposing strict regulations on the use of coal as an
energy source. Concerns are being raised on how these regulations,
and the European Union's (EU's)
large combustion plant directive (LCPD), in particular, will affect
South Africa's coal exports to Europe. -
Creamer Media's Mining
Weekly website
Municipal Management and Procedure
20
September 2007
Speech by Gauteng Local Government MEC Qedani Dorothy Mahlangu at
the breakfast meeting of the Certificate Programme in Management
Development for Municipal Finance at Wits Business School
SA Government Information
website
Johannesburg
Jo'burg raises R157-million through bond issue - 21 September
The city of Johannesburg has raised R156,9-million during the
initial public offering of its new retail bond, the "Jozibond".
Launched in August, Jozibonds are targeted at individuals and
residents of Johannesburg, allowing them the opportunity to invest
in the city. - Mail & Guardian
website
Nelson Mandela Bay
No
action taken over 4×4 track in forest - 18 September
A battle over a 4×4 track in Colleen Glen has thrown up questions
around rights, land use planning and environmental law enforcement
by the Nelson Mandela Bay municipality. Neale Mohle,
a small-scale eco-tourism entrepreneur and organic farmer says that
two years ago the then neighbour above him started bulldozing his
land, saying he was constructing a "4×4
fun track". The track was routed through
plantation and indigenous forest, passing just the other side of Mohle's
fence, 100m from his back porch. The area is zoned for agriculture.
Six months ago, the property was sold. The property was advertised
for sale last month through Private Property Listings for R1 695 000
including "huge clubhouse, 4×4 tracks and
great views". Rentia Viljoen, of Private
Property Listing, said last week she was now selling the property
"just as a farm".
Leon Els, regional director of development and environmental
affairs, said the national government was formulating draft
regulations to control the construction of 4×4 tracks and use of
off-road vehicles. Forestry department area manager Cobri Vermeulen
said she was not aware of Mohle's
case but she would be directing an official to investigate it.
"If forest is destroyed without a permit,
I will prosecute". -
The Herald Online website
Name Changes
Council says 'Grahamstown must go' -
18 September
The name Grahamstown is a step closer to being renamed after a
Makana council meeting resolved that "Grahamstown must go". Makana
mayor Phumelelo Kate told Grocott's Mail on Monday that the name
change proposal was based on historical reasons. Kate said the
council would soon be visiting the community ward by ward to hear
what their views were on the proposed change of the town's name from
Grahamstown to iRhini. Smilo Grootboom, a member of the Eastern Cape
Geographic Names Committee, said the committee was not aware of the
municipality's decision. - Mail &
Guardian website
Property
see
Land Affairs and Property
above
Statistics
New CPI basket to take effect in 2009 - 20 September
South Africa would implement changes to its
Consumer Price Index (CPI)
basket, used to estimate the level of prices of goods and services
bought for consumption purposes by households, by 2009, Cabinet
said on Thursday. Last week, Statistics South Africa (StatsSA)
announced its plans to reduce the total number of products and
services in the national CPI basket from 1 124 to 386. -
Creamer Media's
Engineering Weekly website
Knowing how to use information is just as critical as collecting
it - 20 September
Earlier this week, Statistics SA and the Human Sciences
Research Council released Using the 2001 Census
: Approaches to Analysing Data - a detailed publication
setting out different ways of using census data. Focusing on the
2001 population census, this census user's manual is a guide to
anyone who wants to mine the available data to the best effect.
However, it is much more than that. -
Business Report website
Report [242pp] online at
http://www.statssa.gov.za/Publications/CensusHandBook/CensusHandbook.pdf
Trade and Industry
Lotto minister could be charged - 20 September
Beleaguered Trade and Industry Minister Mandisi Mphahlwa might
have broken the law by authorising hefty bonuses for the National
Lotteries Board (NLB).
NLB board spokesman Sershan Naidoo confirmed this week
that Mphahlwa had authorised the 42,4 percent performance bonus.
- Sowetan
website
'Papsak' runs dry - 18 September
Cheap, low quality wine in the notorious foil bags (papsakke) has
been banned, the South African Wine Industry announced on Tuesday.
SA Wine Industry chief executive officer Johan van Rooyen said in
a statement that the industry initiated this ban as far back as
2004, and welcomed the gazetting of the ban on wine in substandard
containers. "Not only has the availability of wine in foil and
cheap plastic containers led to alcohol abuse and social
disintegration - especially among low income and rural communities
- but the continued presence of this packaging has damaged and
continues to damage the image of South Africa's wine industry". -
IOL website
GN 846/GG
30276/14/09/2007
Transport
Cops utilise eNatis - 20 September
The South African Police Service was the single biggest user of
the electronic National Traffic Information System (eNatis) last
month, says the Department of Transport. The police conducted
904 812 interface transactions. The second biggest bulk user was
DaimlerChrysler SA, which registered 87 593 new vehicles, and
Volkswagen SA, which entered 72 787 new vehicles into the national
records. There are now eight million vehicles of all types
registered on eNatis, records show. -
ITWeb website
Ramos resolves to win freight back from the roads - 19
September
Having for the first time in a decade halted the draining away of
freight transportation from the railways to the roads, Maria
Ramos, the chief executive of Transnet, and her team are aiming to
win back a large slice of the business. "Not all cargo on the
roads is suitable for rail," Ramos explained to a media briefing
held in Cape Town on Wednesday, "but we are targeting the
container traffic aggressively". -
Mail & Guardian website
Trusts
You can't have your cake and eat it too
- 17 September
If you have set up a family trust so that your family can both
control and enjoy the assets in that trust, you may be in for a
rude awakening. Failing to distinguish between control and
enjoyment could cost you dearly. You had better tread carefully if
you are the founder of a trust and a trustee or a beneficiary of
the same trust. Over the past few years, the South African courts
have ruled against people who have neglected to administer their
family trusts properly and used them merely to hide assets from
creditors and to gain tax advantages. -
Personal Finance website
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Africa
African
Court on Human, Peoples' Rights in session - 18 September
The African Union (AU) Court on Human and People's Rights has
started its session in Arusha in northern Tanzania.This is the first
time such as court has been convened in the history of the
continent. The first court session, which began in Arusha on Monday,
will focus on such issues as procedural and administrative matters
of the court itself. - BuaNews
Online website
Egypt
In Egypt, a rising push against genital cutting - 20 September
Circumcision, as supporters call it, or female genital mutilation,
as opponents refer to it, was suddenly a ferocious focus of debate
in Egypt this summer. A nationwide campaign to stop the practice has
become one of the most powerful social movements in Egypt in
decades, uniting an unlikely alliance of government forces, official
religious leaders and street-level activists. Though Egypt’s Health
Ministry ordered an end to the practice in 1996, it allowed
exceptions in cases of emergency, a loophole critics describe as so
wide that it effectively rendered the ban meaningless. But now the
government is trying to force a comprehensive ban. -
New York Times website
Environment
Foko : [it takes
a village to raise an idea]
Foko means "tribe" in the
Malagasy language. An indication of our passion and love for our
country and people, it is also a term of endearment meaning "My
heart". Foko is four Malagasy bloggers who have merged their
brainpower to change this Malagasy saying : Rahoviana no ho ritra ny
ala atsinanana! the Eastern rainforests of Madagascar will never run
out of trees ! Fires set for land-clearing and pasture land
spread into adjacent wildlands causing damage to the island's
unique ecosystems. Foko is taking actions,
coming up with sustainable and science-based solutions that bring
the world’s attention to the Malagasy people
Visit the blog at
http://www.foko-madagascar.org/
Zimbabwe
Zim
opposition welcomes Constitutional Amendment - 19 September
Zimbabwe's Constitutional Amendment Bill whose aims include
harmonising presidential and parliamentary elections, has sailed
through its second reading in the House of Assembly, winning
support from both factions of the opposition MDC party. The MDC
(Movement for democratic Change), said it was backing the
constitutional amendments in the spirit of its on-going
negotiations with the ruling ZANU-PF party under South African
facilitation. - BuaNews
Online website
Zimbabwe close to collapsing : ICG report - 18 September
Zimbabwe is "closer than ever to complete collapse" under the
weight of a deepening economic crisis that threatens to
destabilise southern Africa, an independent report said on
Tuesday. The International Crisis Group (ICG) called on the
Southern African Development Community (SADC) group of nations to
overcome internal divisions and focus on ways to persuade
Zimbabwean President Robert Mugabe to step down. -
Creamer Media's
Engineering News website
Zim retailers scrap credit sales - 16
September
Zimbabwean retail shops will not offer credit purchases
until the country's inflation levels have been brought down to
manageable levels, an executive of a leading outlet said.
- Fin24 website
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Asia
China
China to reduce death penalty use - 14 September
China's Supreme Court has ordered judges to be more sparing in the
imposition of the death penalty. An order on its website said
execution should be reserved for "an extremely small number of
serious offenders". It said the death penalty should be withheld
in certain cases of crimes of passion or economic crimes. Amnesty
International says China carried out two-thirds of the world's
executions last year, but China says it expects a 10-year low this
year. - BBC News website
India
'Quota law will perpetuate caste system'
- 20 September
The OBC quota law
"which says the starting point for
identification of socially and educationally backward classes (SEBCs)
is through caste, will result in perpetuation of the caste system
in the country", senior advocate Fali
Nariman argued in the Supreme Court on Wednesday. The importance
of Article 15 (1) (non-discrimination on grounds only of caste)
"is that we must strive towards the
ideal of a casteless society". But the
quota law would perpetuate something which Article 15 (1)
"expressly forbids",
he told a Constitution Bench headed by Chief Justice K
G Balakrishnan. The Bench is hearing petitions questioning
the 93rd Constitution
Amendment and the OBC quota law enacted under it. -
The Hindu website
Gods
row minister offers to quit - 15 September
India's culture minister has offered to resign in a row over
whether Hindu gods are mythological figures. Officials had
presented the argument in court to support construction plans for
an area devotees believe has remnants of a bridge built by the
Hindu god Ram. She also confirmed that two directors of the
Archaeological Survey of India, which prepared the court
affidavit, had been suspended. -
BBC News website
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Europe
EU
anti-death penalty day vetoed - 18 September
Poland has blocked plans to hold a European day against the death
penalty, the EU's Portuguese presidency says. -
BBC News website
Profile :
Neelie Kroes - 17 September
Neelie Kroes, aged 66, is the woman charged with keeping the playing
field level for European business. As competition commissioner, she
has three key responsibilities : taking action against price-fixing
cartels, disallowing mergers that would restrict competition, and
ensuring governments do not unfairly subsidise industry. -
BBC News website
Environment
Chernobyl to
be covered in steel - 17 September
The authorities in Ukraine have approved a giant steel cover for the
radioactive site of the world's worst nuclear disaster - Chernobyl.
Ukraine has hired a French firm to build the structure to replace
the crumbling concrete casing put over the reactor after the 1986
accident. The casing project is expected to cost $1.4bn (£700m). It
will take five years to complete and the authorities say they will
then be able to start dismantling the reactor. -
BBC News website
Germany
Germany plans tougher anti-terror measures - 18 September
Germany plans to increase jail terms for people convicted of
planning terrorist attacks, but has stopped short of making it
illegal to attend militant training camps abroad, the Justice
Ministry said on Tuesday. Earlier this month, security services said
they foiled "massive bomb attacks" against US installations in
Germany and arrested three men who had trained at camps in Pakistan.
Those who help plan attacks or are members of what authorities
describe as terrorist groups currently face up to five years in
jail. - Reuters website
Italy
€15m trust for Pavarotti's wife - 18 September
The late Italian opera star Luciano Pavarotti carved out €15m
(R149.8m) of his estate in the form of a trust for his second wife,
Italian press reports said on Tuesday. The surprise revelation was
in a final will drafted on July 29, five weeks before Pavarotti's
death, that was opened on Monday by the three lawyers of the
singer's second wife Nicoletta Mantovani. A previous will dated June
13 remains valid, distributing the rest of the tenor's estate among
his three daughters from his first marriage, Mantovani and the
four-year-old daughter he had with her. But the new will
carries a special clause concerning Pavarotti's three New York
apartments and items such as paintings by Henri Matisse worth a
total of some €15m. - News24
website
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Middle East
Iraq
Migration reshapes Iraq’s sectarian landscape - 18 September
A vast internal migration is radically reshaping Iraq’s ethnic and
sectarian landscape, according to new data collected by thousands of
relief workers, but displacement in the most populous and mixed
areas is surprisingly complex, suggesting that partitioning the
country into semiautonomous Sunni, Shiite and Kurdish enclaves would
not be easy. - New York Times
website
Saudi Arabia
Saudi
women challenge driving ban - 18 September
A group of women in Saudi Arabia is for the first time to lobby
the kingdom's government for the right to drive cars.
Correspondents say the demand is likely to be rejected, as
conservatives argue if women are allowed to drive, they will be
able to mix freely with men. -
BBC News website
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United Kingdom
Criminal Justice System
600 died in custody last year, report says - 21 September
Some of the approximately 600 deaths that occur in custody each
year are preventable, a new report has found. The figures were
compiled for the first time by the Forum for Preventing Deaths in
Custody across all types of custody including police cells,
prisons, approved premises and secure hospitals. The document
revealed there were 523 deaths in custody in 2006/07 but this
figure did not include those in police custody. In 2005/06 there
were 586 deaths and in the previous 12 months the figure was 590.
- Telegraph website
Report at
http://www.preventingcustodydeaths.org.uk/forum_for_preventing_deaths_v_4.pdf
Education
Fight cyber bullies, schools told - 20 September
Schools are being given guidance urging them to take firm action
against pupils who use mobile phones and the internet to bully other
children and teachers. More than a third of 12 to 15-year-olds have
faced some kind of cyber bullying, according to a government study.
- BBC News website
Environment
Nuclear weapons plant 'should be rebuilt' - 20 September
The UK's nuclear bomb factory has been struggling to remedy as
many as 1000 safety defects uncovered by the government's official
watchdog. It is only allowed to stay open because the Ministry of
Defence (MoD) says the work it does is vital for national defence.
- New Scientist
website
Gambling and
Lotteries
'Surprise' over gambling figures - 19 September
The internet and other new forms of gambling have not led to an
increase in people having a flutter since 1999, a Gambling
Commission study has found. - BBC
News website
Human Rights
Organ donor
plan under scrutiny - 20 September
Health Secretary Alan Johnson has asked advisers to look at whether
everyone in England should be put on the organ donor register unless
they opt out. The move has been recommended by England's chief
medical officer to tackle the chronic shortage of organs. But the
proposal to force people to opt out of the system, as opposed to
voluntarily opting in, is contentious. -
BBC News website
Taxation Law
Crackdown on 7-year inheritance tax gift rule - 21 September
A new inheritance tax crackdown has been launched against families
who use the seven-year gift rule to reduce their bill, it has been
disclosed. In the past five years under Gordon Brown the number of
people paying the tax has risen 72 per cent, with the amount the
Treasury receives almost doubling to £3.3 billion. Because of
increasing property prices, tens of thousands more families have
found themselves liable for inheritance tax and as a result have
tried to use legitimate gift laws to lessen their bills. -
Telegraph website
Miscellaneous
Paddington Bear creator denies selling out - 19 September
The creator of
Paddington Bear has defended himself against accusations that he
has sold out by allowing the famous character from Darkest Peru to
ditch his beloved marmalade. Paddington appears in an television
advertisement which shows the curious bear for once trying Marmite
instead of his usual breakfast spread. Michael Bond insists he did
not know about the decision to use his creation until "the point
of no return". He also dismissed suggestions that Paddington could
be lured away from marmalade. "It would require a good deal more
than the combined current withdrawals from Northern Rock to wean
him off marmalade, if then," he added. The firm which owns the
rights to Paddington's image, Paddington and Company, was
reportedly paid an undisclosed sum by multinational food firm
Unilever to use the bear.
-
Telegraph website
The offending
advertisement is online at
http://www.youtube.com/watch?v=eean1pNVkoY
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United States, Canada and South
America
9-11
More 9/11 lawsuits are settled - 18 September
As 14 families of people killed in hijacked planes on Sept. 11,
2001, have settled their lawsuits against the airlines, they have
left the future of the remaining cases in doubt just a week before
the first trial was scheduled to begin. The 14 settlements came a
few days after the families won a ruling in United States District
Court in Manhattan that would have allowed a jury to hear a cockpit
recording that captured the sounds of passengers trying to retake
control of United Airlines Flight 93 before it crashed into a field
in Pennsylvania. - New York Times
website
Canada
Court ruling strikes down privacy-invasive provisions of adoption
disclosure law : Commissioner Cavoukian - 19 September
Today's court decision quashing the opening of past adoption records
through Ontario's Adoption
Information Disclosure Act confirms the importance of an
individual's right to privacy, said Ontario Information and Privacy
Commissioner, Ann Cavoukian. The ruling declares that the law
is unconstitutional - it breaches section
7 of the Canadian Charter of Rights and Freedoms and thus, the
sections of the Act relating to access to birth registration
information "are declared invalid and of no force and effect".
As the Court noted, the Charter, ". .
. is intended primarily to protect individuals and minorities
against the excesses of the majority". The Commissioner constantly
urged the government to amend the legislation to protect the privacy
of past adoptions, giving birth parents and adoptees the right to
file a "disclosure veto," which would allow them the option of
blocking access to their birth registration information. -
Newswire
website
Courts
O J Simpson charged with kidnapping and armed robbery - 19
September
O J Simpson, the former American football star acquitted of double
murder in 1995, was charged on Tuesday with kidnapping, armed
robbery and assault in a dispute over sports memorabilia at a Las
Vegas hotel. Simpson and his three co-defendants face a total of 11
charges that could send the 60-year-old athlete-turned-actor to
prison for the rest of his life - a fate he dodged in his
sensational "trial of the century" by winning an acquittal. The Las
Vegas charges stem from what authorities say was the armed theft on
Thursday by Simpson of his own sports memorabilia from a pair of
collectors who were staying at the Palace Station Hotel and Casino.
- Reuters website
OJ Simpson's prison conditions released - 19 September
OJ Simpson has traded a Las Vegas hotel room and leisurely
mornings of golf for solitary confinement in a 7' by 14' cell, 4am
wake-up calls, and just three to four hours of free time a day,
also spent alone. The 60-year-old former American footballer is
among 3 000 inmates at the Clark County Detention Centre. -
Telegraph website
Judge sets $125 000 bail for Simpson - 19 September
New York Times website
Environment
Suit blaming automakers over gases is dismissed - 18 September
The courts do not have the authority or the expertise to decide
injury lawsuits concerning global warming, a federal judge in San
Francisco ruled yesterday in dismissing a suit brought by the
State of California against six car companies. The decision, by
Judge Martin J Jenkins, was welcome news for automakers, which had
suffered a defeat last week in federal court in Vermont. In the
case decided yesterday, California claimed that the six car
companies produced vehicles that accounted for more than 20
percent of human-generated carbon dioxide emissions in the United
States and more than 30 percent of those in California. The suit
claimed that the emissions were a public nuisance and sought
billions of dollars in damages. Judge Jenkins wrote that a
resolving of the questions presented in the suit was not a proper
task for the courts. - New York
Times website
Nuclear power looks for comeback in US - 13 September
A nuclear power plant hasn't been built in the US in decades, but
that appears to be changing, says the CEO of the nuclear
industry's advocacy group. Seventeen different organizations have
expressed interest in building 31 new nuclear power plants in the
US. - CNet News website
Human Rights
Restoring American justice
- 17 September
In 2006, acting in reckless haste before an election, 65
senators and 250 members of the House defied the Constitution,
endangered the safety of American soldiers and hurt the nation's
global reputation by passing the
Military Commissions Act.
The law created a separate, substandard and clearly
unconstitutional system of trial and punishment for foreigners.
This week Congress has a chance to begin fixing that grievous
mistake. -
New York Times website
Land Affairs and
Property
Fed chief calls for new mortgage rules - 20 September
Ben S Bernanke, the chairman of the Federal Reserve, said today
that the growing turmoil from increasingly permissive subprime
lending had demonstrated a need for tougher restrictions on what
borrowers and lenders can do. In testimony this morning to the
House Financial Services Committee, Mr Bernanke said a full review
of consumer protection regulations was under way under existing
regulatory authority. "The recent problems in subprime lending
have underscored the need not only for better disclosure and new
rules but also for more-uniform enforcement in the fragmented
market structure of brokers and lenders," he said. -
New York Times website
A town tries to protect an artist's inspiration - 20 September
A plan by landowners to build a house in Truro, Mass, has angered
residents who say the house will obstruct a view made famous by
the artist Edward Hopper. Some worry that the view from Hopper's
small whitewashed home is in jeopardy, as well as the home itself.
The parcel has become the subject of controversy, with some
residents trying to protect what they see as a piece of American
artistic history and others defending the right of a property
owner to build what he wishes on his land. -
New York Times website
Peru
Peruvians vote against mine plan - 17 September
Thousands of people in northern Peru have voted against plans for
a huge mine on their land which they say will contaminate water
and destroy crops. More than 90% of voters in a referendum
rejected the Rio Blanco mine proposals - but the Peruvian
government said the result was not legally binding. President Alan
Garcia accused objectors of plotting to stymie economic growth. -
BBC News website
Venezuela
Venezuela leader's school warning - 18 September
Venezuelan President Hugo Chavez has threatened the country's
private schools with closure unless they adopt the government's
socialist ideology. - BBC News
website
Miscellaneous
Park service says it won't reopen
Lady Liberty's crown - 18
September
Testifying before Congress today, officials of the National
Park Service defended the decision to close the Statue of
Liberty's crown immediately after
the 9/11 attack, maintaining that if the crown were reopened
it would create a potentially catastrophic fire hazard. Mr
Wenk, the deputy director of the parks service, said the
statue's creator, Frédéric Auguste |
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Bartholdi, "never intended or
designed the Statue of Liberty as something to enter or climb".
Only after it opened in 1886 did the War Department -
the predecessor to the Defense Department - begin letting
"curiosity seekers"
inside the sculpture, Mr Wenk said. The statue's
torch was closed, for safety reasons, in 1916.
The interior of the statue, Mr Wenk said, is accessible
only by a very narrow, double-helix spiral staircase with a
low guardrail. The staircase was intended
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maintenance
workers, "not for heavy, daily use"
by sightseers and members of the public. The staircase does
not meet any local, state or federal fire and building codes.
- New York Times
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International
Swiss join
UN's dirty cash battle - 21 September
Switzerland has become the first country to sign up to a global
initiative to recover money looted by corrupt government leaders.
The joint UN-World Bank scheme aims to foster relations between
developed and developing nations to ensure assets are returned to
their rightful owners. The World Bank says the campaign is a warning
to corrupt leaders everywhere. Switzerland has, so far, been famous
for its secretive banks and a relaxed attitude to dirty money,
observers say. - BBC News
website
Countries to get help recovering stolen assets - 17 September
The World Bank and the United Nations announced this afternoon that
they were setting up a system to help developing nations recover
assets stolen and sent abroad by corrupt leaders that amount to an
estimated $40 billion a year. Mr Zoellick estimated that the overall
cross-border flow of global proceeds from criminal activities,
corruption and tax evasion totaled $1 trillion to $1.6 trillion a
year and said even a small portion of that could finance a
significant level of social programs. -
New York Times website
Environment
Arctic sea route opens as ice melts - 15 September
The Arctic's Northwest Passage has opened up fully because of
melting sea ice, clearing a long-sought but historically
impassable route between Europe and Asia, the European Space
Agency said. Sea ice has shrunk in the Arctic to its lowest level
since satellite measurements began 30 years ago, ESA said, showing
images of the now "fully navigable" route between the Atlantic and
the Pacific. A shipping route through the Northwest Passage in the
Canadian Arctic has been touted as a possible cheaper option to
the Panama Canal for many shippers. -
Reuters website
Ten
'most polluted places' named - 14 September
A list of the world's most polluted places has been published by a
US-based independent environmental group.The report said an
estimated 12 million people were affected by the severe pollution,
which was mainly caused by chemical, metal and mining industries.
- BBC News website
Trade
and Industry
US offers to lower farm subsidy cap : WTO mediator - 20
September
The United States has agreed to cut its maximum agricultural
subsidies in a "significant step" towards advancing negotiations
on a new global trade pact, the mediator of the farm talks said on
Thursday. That would mean the United States would cut its farm
subsidy ceiling to $13-$16,4 billion a year. Washington had
earlier said it would cut the ceiling to $22,5 billion, from above
$45 billion now, and signalled it may go as low as $17 billion. -
Creamer Media's
Engineering News website
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Miscellaneous
Languages die, but not their last words - 19 September
Of the estimated 7 000 languages spoken in
the world today, linguists say, nearly half are in danger of
extinction and likely to disappear in this century. In fact, one
falls out of use about every two weeks. Some languages vanish in an
instant, at the death of the sole surviving speaker. Others are lost
gradually in bilingual cultures, as indigenous tongues are
overwhelmed by the dominant language at school, in the marketplace
and on television. - New York
Times website
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Miscellaneous E-Things
EU court dismisses most of Microsoft's appeal - 17 September
A European Union court upheld most of a landmark 2004 European
Commission antitrust decision against Microsoft on Monday in a
crucial victory for the European competition regulator against the
US software giant. -
Reuters website
Microsoft ruling : EU court statement - 17 September
CNet News website
Microsoft ruling may bode ill for other companies - 18 September
Europe’s second-highest court delivered a stinging rebuke to
Microsoft Monday, but the impact of the decision upholding an
earlier antitrust ruling may extend well beyond the world’s largest
software maker to other high-technology companies. Software and
legal experts said the European ruling might signal problems for
companies like Apple, Intel and Qualcomm, whose market dominance in
online music downloads, computer chips and mobile phone technology
is also being scrutinized by the European Commission. -
New York Times website
Google
calls for web privacy laws - 14 September
Search site Google has called on governments and business to agree a
basic set of global privacy rules. Without global standards the
health of the internet was at risk, the firm's privacy chief Peter
Fleischer told a UN agency conference in Strasbourg. -
BBC News website
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