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

Issue no.3028 September 2007

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

Contents
News
CCMA - Preparing for arbitration and presenting evidence
SASLAW - Case Law Updates Seminar
Government Gazette Update
Acts
Proclamations
Regulations and Draft Regulations
Government, General and Board Notices
Recent Journal Articles of Interest
Employment Law
groundWork
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
E-Tips
WWW Why Work the Web - Making the Internet Work for You
Vacancies
Legal Appointment
Candidate Attorney : vacancy
Last Thought

 
News

CCMA
Preparing for arbitration and presenting evidence. Breakfast seminar

Speaker : Patrick Stilwell, practising attorney/part-time CCMA Commissioner

Date : 17 October 2007

Time : 7.45am for 8.00am

Venue : eMakhosini Boutique Hotel, 3 Lumsden Crescent, Morningside, Durban

Price per head : R200.00

Contact :
Glenda Fredericks (DM Administrator, CCMA)
Telephone : 031-362 2390
Fax : 031-368 4644
Email :
GlendaF@CCMA.org.za


SASLAW
Case Law Updates Seminar

Venue : Protea Hotel Edward Durban, 149 Marine Parade, Durban

Date : Thursday 18 October 2007

Time : 14h00 to 16h30

Cost : R120 (members) ; R200 (non-members) ; R40 (students) ; R95 (union organisers)

Subjects to be covered :

The use and abuse of the "fixed term contract"
Sean Molony, Employment Relations Institute of South Africa

"You're fired!" : Trumping Donald through 2007 case law
Dr Hilda Grobler, Advocate/Senior CCMA Commissioner

The Latex case : why it is out of synch with labour jurisprudence
Shanta Reddy, Shanta Reddy Attorneys

Contact :
Samantha Govender
Telephone 031-304 1545
Fax 031-304 1833
Email :
jm@worldonline.co.za


Government Gazette Update

Acts
Municipal Fiscal Powers and Functions Act 12 of 2007

Commencement date : 7 September 2007
GN 832/GG 30271/07-09-2007

Pension Funds Amendment Act 11 of 2007

Date of commencement : 13 September 2007
Amends ss.1, 5, 7D, 9, 13A, 13B, 14, 14A, 15E, 15 F, 15K, 18, 28 30A, 31, 36, 37C, 37D
Inserts ss.30Y, 33A, 40A, 40B, 40C
Substitutes ss.2, 14B, 15B, 25, 26, 30C, 30P, 37
of the Pension Funds Act 24 of 1956
Proc 26/GG 30297/13-09-2007 *

Transnet Pension Fund Amendment Act 6 of 2007

Commencement date : 11 November 2005
GN 831/GG 30270/07/09/2007


Proclamations
Pension Funds Amendment Act 11 of 2007

Commencement of the Pension Funds Amendment Act, 2007
PR 26/GG 30297/13-09-2007

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

Entities identified by the United Nations Security Council
PR 24/GG 30252/07-09-2007

Special Investigation Units and Special Tribunals Act 74 of 1996

Referral of matters to existing Special Investigating Unit and Special Tribunal
PR 25/GG 30290/12/09/2007


Regulations and Draft Regulations
Electronic Communications Act 36 of 2005

Draft regulations in respect of the prescribed annual contributions of the licensee's licensed activity to the Universal Service and Access Fund
Published for comment
GenN 1149/GG 30304/14-09-2007 *

Notice of intention to make regulations in respect of the must-carry obligations and discussion document on must-carry obligations
Published for comment
GenN 1150/GG 30305/14-09-2007 *

Regulations on the Constitution of Consumer Advisory Panel ("CAP" or "the PANEL")
GNR 1113/GG 30273/10-09-2007

General and Further Education and Training Quality Assurance Act 58 of 2001

Draft Amendment Regulations for the issuing of certificates by the Council, 2007
Published for comment
GenN 1137/GG 30283/10-09-2007 *

National Building Regulations and Building Standards Act 103 of 1977

National Building Regulations : amendment
GNR 845/GG 30276/14-09-2007

National Environmental Management : Biodiversity Act 10 of 2004

Draft Alien and Invasive Species Regulations, 2007
Published for comment
GenN 1146/GG 30293/17-09-2007 *

Draft lists of exempted alien species, prohibited alien species and invasive species for which a permit is required under certain circumstances
Published for comment
GenN 1147/GG 30293/17-09-2007 *

Skills Development Act 97 of 1998

Proposed amendments to the SETAs grant regulations regarding monies received by a SETA and related matters
Published for comment
GNR 855/GG 30281/10-09-2007 *
GNR 856/GG 30281/10-09-2007 *


Government, General and Board Notices
Air Traffic and Navigation Service Company Act 45 of 1993

Air traffic service charges
GN 1088/GG 30251/07-09-2007

Department of Minerals and Energy

Energy Security Master Plan : Liquid Fuels
GN 859/GG 30285/12-09-2007 *

Division of Revenue Act 1 of 2007

Notice in terms of sections 8(3) and 22(1)(a) . . . allocations per municipality for the Schedule 7 local government conditional grants
GN 824/GG 30264/07-09/2007

Marine Living Resources Act 18 of 1998

Policy for the development of a sustainable marine aquaculture sector in South Africa
GN 1109/GG 30263/07-09-2007

National Education Policy Act 27 of 1996

National policy regarding further education and training programmes

Approval for the policy and regulation changes to implement a combined supplementary and end-of-year senior certification examination
GN 827/GG 30267/07-09-2007

Approval of the amendments to the certification requirements
GN 826/GG 30266/07-09-2007

Approval of the document : National policy document on the conduct, administration and management of the assessment of the national certificates (vocational)
GN 860/GG 30287/12-09-2007 *

National Environmental Management : Air Quality Act 39 of 2004

Notice to establish the National Framework in terms of section 7(1)
GN 1138/GG 30284/11-09-2007

National Environmental Management : Biodiversity Act 10 of 2004

National norms and standards for the development of the Bbiodiversity Management Plans for Species (BMP-s)

Proposed guideline regarding the determination of bioregions
GN 1112/GG 30262/05-09-2007

National Payment System Act 78 of 1998

Payments to third parties (Directive no.1 of 2007)
GN 1110/GG 30261/06-09-2007

System operators (Directive no.2 of 2007)
GN 1111/GG 30261/06-09-2007

South African Schools Act 84 of 1996

Approval for the policy and regulation changes to implement a combined supplementary and end-of-year Senior Certification examination . . .
GN 830/GG 30267/07-09-2007

Supreme Court Act 59 of 1959

Natal Provincial Division and Durban and Coast Local Division of the High Court : Notice of court term dates for 2008
GenN 1172/GG 30299/21-09-2007 *

* Source : OSALL (Marina)


Recent Journal Articles of Interest

Employment Law
Twice bitten : mishandling harassment
John Grogan

Employment Law - 2007, v.23(4), p.4
The reason why : unravelling dismissal disputes
John Grogan

Employment Law - 2007, v.23(4), p.11

groundWork - Excerpts
Contact groundWork at team@groundwork.org.za for details
Still nothing happening at Thor : the fate of the contaminated Thor chemical site is still not decided
Rico Euripidou and Bobby Peek
groundWork - 2007 September, v.9(3), p.4
Includes chronology
The New England Road landfill site
Musa Chamane
groundWork - 2007 September, v.9(3), p.10
The Waste Management Bill goes to Parliament
Rico Euripidou
groundWork - 2007 September, v.9(3), p.12
Alternatives to incineration
Nomcebo Mvelase
groundWork - 2007 September, v.9(3), p.15
The National Air Quality Framework
Siziwe Khanyile
groundWork - 2007 September, v.9(3), p.16
Mittal Steel
Sunita Dubey
groundWork - 2007 September, v.9(3), p.20
Another onslaught on South Durban : the Durban Port Expansion is uniting disparate groups in defence of their various rights and liberties
Bobby Peek
groundWork - 2007 September, v.9(3), p.24

News on the Electronic Front

Recent Judgments Available on the Internet

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

26 September 2007
CCT 53/06
S v M
Matter concerning the impact of the constitutional injunction that the best interests of a child are paramount in all matters concerning the child on sentencing of primary caregivers of young children
Media statement at
http://www.constitutionalcourt.org.za/site/mvthestate.htm

25 September 2007
CCT 59/06
Armbruster and Another v Minister of Finance and Others
Forfeiture of money in terms of certain foreign currency regulations - Right of access to court guaranteed in the Constitution


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

25 September 2006
532/2006
Progress Office Machines v SARS [2007] SCA 118 (RSA)
Imposition of anti-dumping duty in terms of Customs and Excise Act 91 of 1964 – Effect of retrospective imposition of duty – International law – Incorporation into municipal law

25 September 2006
293/2006
Strydom v Liebenberg [2007] SCA 117 (RSA)
Vindicatory action for return of game over which plaintiff claimed ownership. Plaintiff's properties but not the game thereon sold to private persons. Held plaintiff entitled to claim the game, but not its value as it was not possible to apportion the value of the game between the purchasers of the properties

21 September 2006
460/2006
Van Niekerk v Van Niekerk [2007] SCA 116 (RSA)
Anton Piller order - preservation of evidence - application for setting aside of order granted ex parte - dismissal of application - whether appealable

Scott-Crossley murder conviction set aside - 28 September
The Supreme Court of Appeal on Friday set aside the murder conviction of Mark Scott-Crossley for the death of Oupa Chisale, whom he admitted to throwing into a lion enclosure. In a unanimous judgement, the sentence of life imprisonment imposed for the murder was set aside and five years' imprisonment substituted for the lesser offence of a conviction of being an accessory after the fact to murder. - Mail & Guardian website

Judgment reserved in Zuma appeal - 22 September
Judgment was reserved in the Supreme Court of Appeal in Bloemfontein on Friday in the appeal hearing of Jacob Zuma and French arms company Thint against efforts to get documents from Mauritius. - iAfrica website

'State is violating Zuma's right to fair trial' - 21 September
The state's premature attempt to gather evidence violates African National Congress deputy president Jacob Zuma's right to a fair trial, the Supreme Court of Appeal heard on Friday. The Durban High Court had acted outside its jurisdiction when it issued a letter of request for documents from Mauritius the state wants for a possible corruption trial against Zuma, his counsel Kemp J Kemp said. Kemp argued that the letter of request for the documents was for evidence. - Mail & Guardian website

What rights are being infringed, asks judge - 21 September
Jacob Zuma is convinced that he is "an eventual accused" against whom, his lawyers contend, the State could only seek evidence once he is on trial. Twenty-four hours after he received trade union Cosatu's endorsement for the impending ANC presidency race, Zuma's legal team went to the Supreme Court of Appeal in Bloemfontein today to stop the State from gathering alleged evidence of corruption against him from Mauritius. - IOL website


Commercial Crimes Courts

FNB alleged fraudster in court, again - 24 September
Clynton Cotton, the FNB financial adviser charged with fraud and theft, walked into the dock of the Commercial crime court on Friday slightly more relaxed than his first few court appearances. As his attorney, Gideon Scheltema, began cross-examination, Cotton sat in the dock, armed with his pen and note-pad. His wife Lisa, who was also arrested along with Cotton's secretary, Omakanthi Govender in August, made a brief appearance in support of her husband. Lisa Cotton and Govender are out on bail of R100 000 and R5 000 respectively, but Cotton's bail application is still proceeding. - IOL website


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

Officers to fight in court to keep riot unit alive as 'unlawful closure' puts public 'at risk' - 26 September
The "unlawful closure" of the riot police unit last week has put the safety of the public at risk, say a senior superintendent and 138 Combat Crime Unit (CCU) members who are taking Safety and Security Minister Charles Nqakula and the provincial commissioner to the Labour Court. - Cape Times website
* * * subscription required * * *


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

30 July 2007
LCC36/06
Kiepersol Poultry Farm v Pasiya
This was an application for eviction in terms of section 8(4) of Extension of Security of Tenure Act 62 of 1997, of a long term occupier. The application was on the premise that the occupier had waived his occupier status and consequently lost his occupier's legal rights. The application was not sustained and no order as to costs was made

Richtersveld dissidents 'not troublemakers' - 27 September
Opponents of the Richtersveld settlement were not "troublemakers" trying to overturn the agreement at all costs, their advocate told the Land Claims Court on Thursday. Judge Antonie Gildenhuys, sitting in Cape Town, is being asked to make the settlement, signed in April this year by the government and leaders of the Richtersveld Sida !hub Communal Property Association, an order of court. This would end a ten-year legal battle by the community for restoration of diamond-rich land on the Namaqualand coast taken from them in the 1920s. - The Citizen website

Richtersveld dissidents get say in court - 25 September
A group of dissident Richtersvelders heard on Tuesday that they would be allowed a voice in a Land Claims Court hearing on the settlement of the community's land claim. The court, sitting in Cape Town, has been asked to ratify an agreement signed in April 2007 by Public Enterprises Minister Alec Erwin and the Richtersveld Sida hub Communal Property Association (CPA), following a ten-year court battle. However a group calling itself the Richtersveld Action Committee claims that at a community meeting called to approve the agreement, there was no quorum and participants were not allowed to debate alternatives. - IOL website

Richtersvelders back in court - 25 September
Opposing groups from the Richtersveld community came face to face in the Land Claims Court in Cape Town on Tuesday as the court prepared to weigh up a settlement agreement. - Mail & Guardian website


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

21 September 2007
6375/07
A J Stander & Others v D A Schwulst & Others
The applicants seek the removal of the current trustees of the Trust. The respondents brought an application requesting that the trustees of the trust be authorized to withdraw funds from the said Trust in order to fund the defence of this aforementioned application. The application for removal in the main case is based on a number of grounds. The allegations, which are fully motivated, are serious. They include dishonesty and a want of good faith

20 September 2007
7333/2003
A J Brooks v Minister of Safety and Security
This case arises from the same events that gave rise to the claim for damages in Minister of Safety and Security v Van Duivenboden. On 21st October 1995 Neil Brooks, the natural father of the plaintiff in this case, opened fire on a number of people, killing three of them, including his wife and daughter, and wounding five others, including the plaintiff, who was fourteen years old at the time, and Van Duivenboden, a neighbour. As a result of this shooting incident, Brooks was charged and convicted of various crimes, including murder, and was sentenced to twenty years' imprisonment. He is serving his sentence at present. Van Duivenboden's subsequent claim for damages against the Minister of Safety and Security was upheld by the Supreme Court of Appeal. Arising from the shooting incident and the incarceration of his father, the plaintiff instituted a claim for damages against the Minister of Safety and Security. The plaintiff alleges that prior to the shooting incident on 21st October 1995 there were several incidents from which a number of police officers obtained direct knowledge of the fact that Brooks was unfit to possess a firearm. They took no steps to have him declared unfit to possess a firearm. The plaintiff further alleges that the police officers breached their duty of care by failing to initiate the procedure contemplated in section 11 of the Arms and Ammunition Act 75 of 1969. The plaintiff further alleges that the police officers "owed all persons who may be prejudicially affected should . . . Brooks use his weapons to kill or injure others", a legal duty to initiate the procedure contemplated in section 11 of the Arms and Ammunition Act 75 of 1969 to have Brooks declared unfit to possess a firearm

See SCA judgment :
22 August 2002
209/2001
Minister of Safety at Security v Dirk van Duivenboden
Delict - Police - Liability for omissions - Failing to take steps to deprive a person of firearms
http://www.supremecourtofappeal.gov.za/judgments/sca_judg/sca_2002/20901/pdf

19 September 2007
12337/2005
Fir & Ash Investments Pty Ltd v E R Cronje & Others
In terms of a written lease, the plaintiff (the landlord) let certain commercial premises to the first defendant (the tenant). During the currency of the lease, the premises were damaged by fire allegedly caused by the negligence of the tenant's employees. The landlord was indemnified by its insurer, which has instituted the present action by subrogation to recover damages in an amount of some R306 000 from the tenant. The tenant relies on two separate but interdependent tacit terms : first, a contractual obligation on the landlord to insure the premises against fire ; and second, a provision that such insurance would be for the benefit of both parties

Slovo squatters told to appoint lawyers - 26 September
The Cape High Court has given residents of Cape Town's Joe Slovo informal settlement, who are opposing eviction, a week to appoint lawyers to represent them. Over a thousand residents packed the street outside the court on Wednesday morning under the watchful eye of police officers, some carrying signs slating "capitalist forced removals" and urging the government to "stop oppressing poor people". - Mail & Guardian website

5 000 at court to fight N2 evictions - 26 September
It was a day Cape High Court officials will probably never forget. Two tables were hauled into the foyer of the court building and officials lined up behind them to stamp about 10 000 documents - two copies of a notice from each of the 5 000 families living at the Joe Slovo informal settlement to say they intend to oppose a government application for their eviction. The notice was a single page, comprising no more than 150 words, and had to be stamped twice : by the court and attorneys. It took the gathering of about 5 000 people more than five hours to have each of their two copies stamped by the court and by employees of Nongogo and Nuku Attorneys - the firm representing the government and housing company Thubelisha Homes. - IOL website

Slovo residents fight for their houses – 25 September
Hundreds of residents of Cape Town's Joe Slovo informal settlement on Tuesday filed formal objections to their looming forced removal. They gathered in the street outside the Cape High Court under the watchful eye of police, as lawyers seated at tables on the pavement stamped and dated the individual forms before handing them over to court officials. Cape judge president John Hlophe last week said he would hear argument on Wednesday on why he should not make a final eviction order against the squattershttp://www.theherald.co.za/herald/news/n02_28092007.htm. – Cape Argus website


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

Landmark racketeering case spells trouble for poachers - 28 September
In a groundbreaking case that could have massive implications for the fight against perlemoen poaching, 13 members of an alleged syndicate will appear in the Port Elizabeth High Court on Monday to face the first charges of racketeering ever brought in South Africa. The case is scheduled to run the whole of next month and police say should they be successful in convicting the suspects, it will set a precedent and empower them to go after organised crime syndicates across the country. The suspects face a total of 40 charges. - The Herald Online website
Keyphrase :
Marine Living Resources Act


Regional Courts

Bellville

Accused denies he killed guesthouse owner - 27 September
The man suspected of murdering the owner of a Durbanville guesthouse last year has pleaded not guilty and seems confident and prepared to conduct his own defence. Cheslin Williams, 22, appeared in the Bellville Regional Court on Wednesday on charges of murder and aggravated robbery. Asked to plead before magistrate J P Vermaak and assessors Florina Serfontein and Dennis Marshall, he said he was not guilty of either charge. Vermaak set Williams's trial down for February 5 to 8 and February 19 to 22. - Cape Times website
Keyphrase :
Le Petit Chateau guesthouse
Renate Kellerman

Wynberg

Partial discharge for Le Roux - 21 September
Former Springbok cricketer Garth le Roux and his accountant Deon van Heerden were cleared on Friday of just under half of the 47 tax fraud charges they were facing. Wynberg Regional Magistrate Jackie Redelinghuys also found Le Roux not guilty on a charge of contravening exchange control regulations. However he said "explanations" were needed on many of the remaining counts, and on one of them warned that "a conviction of accused 1 and 2 may follow". - News24 website


Magistrates Courts

Cape Town

Hacker nabbed for e-blackmail - 27 September
Police have arrested a hacker who allegedly illegally accessed patient records and threatened to make them available to the media if he was not paid a ransom. Juan de Wit, 31, is to appear in Cape Town's Magistrates Court tomorrow to apply for bail. He was arrested in Port Elizabeth, last Wednesday, and appeared in court on Friday on charges of extortion and contravening the Electronic Communications and Transactions Act of 2002. - ITWeb website

Johannesburg

Wrangling of evidence continues - 28 September
The trial of Pretoria High Court Judge Nkola Motata was postponed to Tuesday at the Johannesburg magistrate's court to give his defence time to consider their next move. Motata's defence team led by Bantubonke Tokota  said while the accused had the right to a fair and speedy trial, the defence also had a duty to defend their client to the best of their ability. Tokota told that court that the defence team wanted an opportunity to further consult with experts on the evidence - the audio recordings - that the State was going to present to the court. - IOL website

Motata : who is responsible for delays? - 27 September
Magistrate Desmond Nair will conduct an inquiry to determine whether the state or the defence are responsible for delays in the drunk driving trial of Pretoria High Court judge Nkola Motata. Nair made the announcement before he adjourned the court shortly before 12pm on Thursday. This was in response to defence attorney Danie Dorfling blaming the state for delays in Motata's trial. - IOL website

Cellphone recordings discussed at Motata trial - 27 September
The state would try to admit cellphone audio and video recordings in the drunk-driving trial of Pretoria High Court judge Nkola Motata being heard in the Johannesburg Magistrate's Court on Thursday. The recordings were made by Richard James Baird, into whose wall Motata allegedly crashed in Hurlingham, Johannesburg, on January 6. Baird apparently recorded the judge using his cellphone and then copied the files onto a computer. The files were then copied to a memory stick and downloaded onto his attorney's computer. The files were then placed on a CD which was given to prosecutor Zaais van Zyl. Baird told the court that the copy was made by his attorney in his presence. - Mail & Guardian website

Motata 'couldn't stand up', court hears - 26 September
A man staggering and groping like a blind man and swearing like a sailor. That was the picture painted of Pretoria High Court Judge Nkola Motata by the state's first witness at the Johannesburg Magistrate's Court on Wednesday. "The language from the judge was very colourful . . . there was lots of swearing," said Richard James Baird, the state's first witness and the owner of the Hurlingham, Johannesburg, home into which Motata allegedly crashed with his car. - Mail & Guardian website

Motata drunk-driving witness wants anonymity - 26 September
A witness in the drunk-driving trial of Pretoria High Court Judge Nkola Motata asked not be named or photographed before giving testimony in the Johannesburg Magistrate's Court on Wednesday. He said this might jeopardise his business interests and requested that his name be withheld. - Mail & Guardian website

Judge's drunk-driving case in Jo'burg court - 25 September
Pretoria High Court judge Nkola Motata will stand trial on Wednesday for alleged drunk driving. Motata's case will be heard in the Johannesburg Magistrate's Court. He faces charges of drunk driving or alternatively reckless and negligent driving and a second count of defeating the ends of justice. - Mail & Guardian website

Kempton Park

S Africa court refuses to delay Czech fugitive case - 27 September
A South African court refused a request on Thursday to postpone for a fourth time the extradition hearing for a fugitive Czech businessman wanted for murder, and ordered the case be heard this week. Radovan Krejcir, 38, was arrested at O R Tambo International airport in Johannesburg in April on an Interpol "red notice," which allows for detention and possible extradition. He is wanted in the Czech Republic to face charges of murder, fraud, illegal arms possession and tax evasion. - Reuters website

Randburg

Veteran radio man Katz cleared of assault - 26 September
Media personality Stan Katz was not found guilty on two charges of assault against his ex-wife Philippa Sklaar at the Randburg Magistrate's Court on Wednesday. Magistrate Stanley Mkhari found that there was a lack of evidence regarding the assault against Sklaar in 2001, after the state chose to close its case. A medical report in 2001 indicated that there were no injuries to substantiate Sklaar's alleged assault. - Mail & Guardian website


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

Farms simmer over tenure rights - 21 September
Public hearings into human rights violations on South African farms this week have lifted the lid on simmering tensions between farmers and farm dwellers. Millions of black South Africans live on farms owned by mostly white farmers, where evictions and other human rights abuses sometimes still take place, the South African Human Rights Commission (SAHRC) heard from Nkuzi, a land rights non-governmental organisation (NGO). - allAfrica website

20 September 2007
South African Human Rights Commission's public hearings, a commendable progress [Farm evictions]
SA Government Information website


Government and Legislation

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

Statements and Speeches

27 September 2007
Lack of public access to information, the cause of ongoing service delivery unrest

26 September 2007
Eastern Cape Safety, Liaison, Roads and Transport, MEC Mhlahlo appoints Matatiele Municipality as Registering Authority

25 September 2007
Address by President of South Africa, Thabo Mbeki, at the 62nd session of the United Nations' General Assembly, New York

Keyphrase :
Environment

21 September 2007
Minister of Environmental Affairs and Tourism M van Schalkwyk on record of decision for the proposed expansion of the Container Terminal Stacking Area in the Port of Cape Town, Western Cape

21 September 2007
Opening address by Minister of Health Dr Tshabalala-Msimang at the Private Health Sector Indaba, Midrand

14 September 2007
Address by the Deputy Minister of Arts and Culture, Ms N Botha, at the conclusion of the Gamohle/National Archives Oral History Project
Keyphrase :
National Archives of South Africa Act 43 of 1996


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

Committee Minutes

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

19 September 2007
Judicial Service Commission Amendment Bill : Deliberations


Legislation

Constitution Thirteenth Amendment Bill

SA to scrap 'colonial boundaries' - 21 September
South Africa's municipal and provincial boundaries were figments of a colonial past and were sure to change in future, Deputy Justice Minister Johnny de Lange told the National Assembly on Thursday. He was speaking during a debate on the controversial Constitutional Thirteenth Amendment Bill, which seeks to do away with cross-boundary municipalities by realigning various municipal and provincial boundaries. - IOL website

Education Laws Amendment Bill

20 September 2007
Address by the Minister of Education, Naledi Pandor, introducing the Education Laws Amendment Bill, National Assembly, Cape Town
SA Government Information website

Electronic Communications Act

The Department of Communications intends introducing the Electronic Communications Amendment Draft Bill into Parliament before end of 2007.

Comments on the proposed Bill can be emailed at
ecaamendment@doc.gov.za before 17 October 2007

The Draft Bill is here :
http://www.pmg.org.za/gazettes/070917comm-electronicbill.pdf

 

Regulations on the establishment and constitution of the Consumer Advisory Panel of ICASA. This is in terms of section 71 of the Electronic Communications Act (No. 36 of 2005).

The regulations document is here : http://www.pmg.org.za/gazettes/070910comm-capregs.htm

Environmental Conservation Act 73 of 1989

21 September 2007
Proposed regulations for the prohibition of the use, manufacturing, import and export of asbestos
SA Government Information website

Municipal and Fiscal Powers and Functions Act 12 of 2007

http://www.polity.org.za/attachment.php?aa_id=7568

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

Red Cross law welcomed - 21 September
President Thabo Mbeki's recent approval of the Red Cross emblem legislation spells the end of the abuse of Red Cross symbols by commercial entities, the South African Red Cross Society (SARCS) said on Friday. "The coming into existence of the South African Red Cross Society and Legal Protection of Certain Emblems Act, will end any misuse of the Red Cross and Red Crescent Emblems by any commercial, medical or other entities in South Africa," the organisation said in a statement. - News24 website

Transnet Pension Funds Amendment Act 6 of 2007

http://www.polity.org.za/attachment.php?aa_id=7565

Waste Management Bill

groundWork ; Briefing paper no.1
August 2007
Contact Musa Chamane at
musa@groundwork.org.za


Useful Links and Items of Interest

Stats South Africa - www.statssa.gov.za

Consumer Price Index - August 2007
http://www.statssa.gov.za/publications/P0141/P0141August2007.pdf

Financial statistics of provincial government 2005/2006 - P9121
26 September 2007
http://stats-bulk.statssa.gov.za/click.php?id=114&sid=136&grou=5&url=http://www.statsonline.gov.za/
publications/P9121/DATA_P91212006.zip

Quarterly financial statistics, June 2007 - P0044
27 September 2007
http://www.statssa.gov.za/publications/statsdownload.asp?PPN=P0044&SCH=4013

Quarterly Financial Statistics of Municipalities, June 2007 (Discussion document) - D9144
27 September 2007
http://www.statssa.gov.za/publications/statsdownload.asp?PPN=D9144&SCH=4011


Public Private Partnerships. National Treasury
http://www.ppp.gov.za/

* Source : OSALL (Gail)


Legal Profession

United Kingdom

Most civil legal aid firms planning to quit - 26 September
Nine out of 10 law firms offering to take on civil legal aid cases will drop the service in the next four years, a new Law Society of Scotland survey claims. Poor rates of pay and the bureaucracy involved are cited by solicitors as the main reasons for the impending mass exit. Four-fifths of firms said that financial reasons would force their hand. - The Journal Online website

See Civil Legal Aid Questionnaire on the Law Society of Scotland's website

n


South Africa

2010 FIFA World Cup

Green Point delays raise concerns - 28 September
The builders of Cape Town's Green Point Stadium have admitted they are behind schedule because of several strikes by workers, but have promised to catch up soon. The admission differs markedly from the denial by Cape Town and 2010 officials, who insist all is on track. - Mail & Guardian website

Protected strike to be launched - 26 September
Unions representing workers building the Green Point stadium intend to launch a protected strike in a week as talks with the contractors failed and the gates to the construction site remained locked on Tuesday. Contractors suspended work at the stadium on Tuesday last week following violent protests by workers demanding a travel allowance and a better shuttle service. Contractors WBHO and Murray and Roberts said the lockout was because unions had failed to sign agreements to settle the dispute. - IOL website

Arms and Ammunition

Hunters 'important' to airline - 25 September
Domestic airliner Airlink will stop the transportation of firearms on its aircraft from the beginning of November. Aviation security manager Mac Makkink said on Tuesday this was due to legislation to control ownership, handling, use and the transportation of firearms. In the past, Airlink was able to transport various types of handguns, shotguns and rifles to their respective destinations. Airlink was also able to transport firearms brought from international destinations to destinations in South Africa, which were then re-booked for transportation to the original or other international destinations. From November 1, only hunting rifles will be transported to and from OR Tambo International, Johannesburg, Cape Town, Durban, Port Elizabeth, Kimberly, Polokwane, Phalaborwa, Kruger Mpumalanga International Airport, and Nelspruit. [Excludes Mafikeng, Mthatha, Phalaborwa and Pietermaritzburg] - News24 website

Black Economic Empowerment

The new balanced approach to black economic empowerment - 27 September
When the Codes of Good Practice promulgated in terms of the Broad-Based Black Economic Empowerment Act, 2003 were released and became law on 9 February this year, it was encouraging to see that instead of judging entities only on ownership, the Codes made provision for calculating a BEE score based on seven elements or criteria, namely : ownership (20 points), management control (10 points), employment equity (15 points), skills development (15 points), preferential procurement (20 points), enterprise development (15 points) and socio economic development (5 points). Article by Allison Gibbs of Deneys Reitz Attorneys. - Mondaq website
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Customary Law

Leaders blast arsonists who gunned down chieftainess - 27 September
Eastern Cape royals yesterday condemned the killing of a Coffee Bay chieftainess earlier this week as "cowardice", a disgrace to African custom and disrespect for human life. Nkosikazi Nowinase Ngubenani, ruler of AmaTshezi, was killed on Tuesday morning when a rondavel she was sleeping in with 14 women and children was torched before gunmen sprayed it with bullets. She is the fourth traditional leader killed in Transkei in less than 12 months. - Daily Dispatch website

Woman killed amid battle for Tshezi chieftainship - 26 September
Faction fighting over the Tshezi chieftainship in Bomvanaland, Eastern Cape, continues unabated. On Monday, people opposed to being ruled by a woman, allegedly shot and killed Nowinase Ngubenani at her Mthonjana homestead near Coffee Bay in the Transkei. More than 30 homes have been burnt down over the past five years, allegedly by those who were opposed to Ngubenani's role as the leader of the Tshezi clan. - SABC News website

Environment

Garden Route park to become a reality - 26 September
The 100 000-hectare Garden Route National Park could become a reality within the next six months. Plans for the park are proceeding smoothly, with SANParks waiting for certain areas to be assigned to it before asking Environment Minister Martinus van Schalkwyk to proclaim the park. SANParks executive director Paul Daphne said yesterday they hoped to have the park declared by the end of the financial year. The various areas that will make up the park are being incorporated under SANParks management to provide better long-term security and protection. The park will include the Tsitsikamma National Park, the Wilderness National Park, the Knysna Lake Area, and indigenous forests and mountain catchment areas, as well as marine areas. - The Herald Online website

Port authority says it can handle Saldanha oil spills - 25 September
The National Port Authority (NPA) says it can contain any oil spillages in Saldanha Bay harbour, dismissing claims by environmentalists that it did not have an adequate plan or enough equipment in place. In a statement on Tuesday, the NPA criticised a weekend media report that said Saldanha Bay - as well as the adjoining Langebaan lagoon, an internationally recognised site of environmental importance - faced a potential catastrophe from oil spills. - Mail & Guardian website

Huge penalties for dumping loom as SA cleans up its act - 24 September
Illegal dumping could cost offenders up to R10-million in fines, or 10 years behind bars, or both. So serious is the law in pursuit of a cleaner South Africa that certain types of offenders could find themselves having to pay up and spend time in prison. The strictness of the Waste Act emerged at a three-day provincial summit of the Institute of Waste Management of South Africa which ended on Friday. - The Herald Online website

Health

Med-schemes not adhering to non-profit status - 21 September
Not all medical aid schemes are abiding to legal requirements of a Section 21 company or non-profit organisation as they should be, says Health Minister Manto Tshabalala-Msimang. Speaking at an Indaba on private health care in Midrand, Friday, the health minister highlighted the fact that medical schemes were bound by law to operate as non-profit organisations. The schemes are allowed to accrue only 25 percent of gross annual contributions to protect themselves. - BuaNews Online website

Doctor should be removed, says widower - 28 September
Frans Jansen van Rensburg, whose wife died after a liposuction procedure, was disappointed about the sentence handed down to Dr Jan van Almenkerk on Thursday. A Health Professions Council of SA (HPCSA) committee suspended Van Almenkerk from practice for three years. Two years of his sentence were suspended for four years. The rest was suspended on condition he is not found guilty of unprofessional conduct during those four years or do liposuction procedures. - IOL website

TAC allegations defamatory, says Qunta lawyer - 27 September
Allegations that South African Broadcasting Corporation (SABC) board deputy chairperson Christine Qunta is involved in a company selling medicines purported to cure HIV/Aids were "irresponsible and defamatory", her lawyer said on Thursday. Athol Gordon, from Bowman Gilfillan attorneys, was responding to a threat by Zachie Achmat of the Treatment Action Campaign (TAC) to take court action if Qunta was officially reappointed to the SABC board. - Mail & Guardian website

Qunta should be disbarred, says TAC - 27 September
The Treatment Action Campaign (TAC) says Cape Town attorney Christine Qunta should be disbarred and that it will "definitely" take court action if President Thabo Mbeki confirms her as a member of the new South African Broadcasting Corporation (SABC) board. The TAC believes Qunta should not be allowed to practise law because of her involvement with an unregistered drug touted as an Aids cure and what it calls "her support of other Aids pseudoscience". - IOL website

Human Rights

SA urgently needs social justice agenda : academic - 25 September
South Africa urgently needs a social justice agenda or will face the continued erosion of rights brought about by political liberation, Rhodes University vice-chancellor Saleem Badat told a packed Kingswood College Chapel when he delivered the annual Dr Neil Aggett Memorial Lecture yesterday. Badat said : "The unfortunate and harsh reality is that the rights of people continue to be violated on a daily basis. People continue to be ridiculed, ostracised, discriminated against, bullied, beaten, raped and murdered on account of their race, sex, nationality and sexual orientation. It is all too evident that the beliefs and practices that for decades have grounded and sustained injustice remain to be eradicated". - The Herald Online website

Judiciary

Varsity confers honorary doctorate on judge - 26 September
The University of Limpopo will today confer an honorary doctorate on Deputy Judge President of the Transvaal Provincial Division, Mathale Phineas Mojapelo, at a graduation ceremony to be held at the campus' Tiro Hall. University spokesman Kgalema Mohuba told Sowetan yesterday an honorary LLD would be conferred on Judge Mojapelo, who is also a graduate of the university. - The Sowetan website

Labour Issues

Don't confuse domestic workers' pension and UIF - 26 September
The recently launched pension fund and funeral cover for domestic workers should not be confused with the benefits offered by the Unemployment Insurance Fund (UIF), the Department of Labour said on Wednesday. Spokesperson Kgomotso Sebetso said in a statement that the department has welcomed the establishment of a pension fund for domestic workers, but stressed that it is a private initiative while the UIF is a public fund that is compulsory. - Mail & Guardian website

Domestic workers' retirement plan unveiled - 25 September
A new financial retirement plan unveiled Tuesday, is set to change the lives of the country's domestic workers. The plan, unveiled by the Presidential Working Group on Women (PWGW) and supported by Old Mutual, aims to help this sector of the nation's workforce to save for their old age. One million domestic workers, most of whom are women, will receive the retirement financial solutions which will be largely managed by fellow women. - BuaNews Online website

Land Affairs and Property

Property rights vital to healthy economy : Mboweni - 26 September
Reserve Bank Governor Tito Mboweni said yesterday the removal of property rights in Zimbabwe was one of the sources of that country's economic crisis. "The challenge that we have in South Africa is how to uphold property rights . . . the removal of property rights in Zimbabwe has been a source of the country's problems," Mboweni said during a lecture at Rhodes University in Grahamstown. - The Herald Online website

Summit tackles unsustainable human settlements - 28 September
Unsustainable human settlements were part of apartheid planning, the KwaZulu-Natal local government department said on Thursday at the start of a two-day housing summit in Durban. "We can no longer romanticise about human settlements and the requirement for beneficiaries to have access to socio-economic and other amenities," said provincial minister of local government Mike Mabuyakhulu. - Mail & Guardian website

How to face suspensive conditions - 26 September
Suspensive conditions in a deed of sale can lead to a legal wrangle and in some cases ultimately sink the sales transaction. Legal expert and real estate agent Jaco Rademeyer of Jaco Rademeyer Estates unravels some of the mystery. A suspensive condition suspends the operation of the agreement until the suspensive condition has been fulfilled. Examples of fulfilled suspensive conditions are the approval of a bond or the sale of the buyer's current property. - Property24 website

Development

Denel's R606m land sale to Acsa keeps recovery on track - 28 September
Denel, the defence parastatal, has sold 237ha of land next to OR Tambo International airport in Kempton Park to Airports Company South Africa (Acsa) for R606 million. The sale of the land forms part of Denel's financial turnaround strategy to refocus on its core business and optimise its assets. Acsa needs the land for the long-term expansion of its airport-related infrastructure and property development. - Business Report website

Foreign Land Ownership

SA may follow worst practice – 26 September
Following the recent, long-awaited presentation to Cabinet of a report on the development of policy on foreign land ownership, Cabinet has now called for a comparative analysis of policy in other countries to be included in the report before it is submitted for wider public debate. Ranging from recommendations dealing with a total moratorium on the sale of all land to foreigners, to the more tempered suggestions that special ministerial approval be sought in cases where certain categories of land are considered for disposal, the report - when it goes public for debate - will include 'examples of international best practice' according to government spokesperson Themba Maseko. Notes Erwin Rode of the impending debate : "South Africans should bear in mind that many countries abroad have a policy of some nature in place regarding foreign land ownership". – Cape Business News website

SAPOA urges caution on targeting foreign land ownership - 21 September
As the debate around foreign ownership of land in South Africa returns to centre stage with the release of a government-commissioned report this week, the South African Property Owners Association (SAPOA) has warned that the economic impact of ownership policies may be less significant than the impact on investor confidence. - Rodney Hayter website

Foreign interest in auction of Sandton office block - 21 September
A hammer price of R70m for an office block in Sandton achieved at the auction held by Alliance Group on Tuesday again proved that the commercial property market remains strong in spite of the higher cost of money. Nearly 30 lots were on offer at the sale held in the Park Hyatt Hotel, Rosebank, Johannesburg, with buyers coming from as far afield as Dubai, London and Norway. - allAfrica website

King Shaka Airport

More voices raised against La Mercy airport - 27 September
Eight appeals have been lodged against the environmental impact assessment (EIA) conducted for the new La Mercy Airport, but construction on the site will continue. Parties objecting to the environmental impact assessment had until Tuesday to lodge their appeals to the Environmental Affairs and Tourism Department. Some of the objections centre on risk assessments of fuel storage tanks, noise levels and the impact of aircraft emissions on climate change. - IOL website

Land Claims

Land Commission settles over 16 000 claims - 26 September
At least 16 651 land claimants will benefit from land restitution after the regional Land Claims Commission successfully restored 47 508 hectares of land. Addressing the media on Wednesday, Regional Land Claims Commissioner for Gauteng and North West, Tumi Seboka, said this achievement fell in the current financial year bringing the overall number of land restored to 352 897 hectares. The commissioner said Gauteng had received 11 975 claims from which 11 968 had been settled by the commission. - BuaNews Online website

Land bind - 26 September
The government's land reform process seems unlikely to result in a new rural landed class made up of black South Africans, after a decree from Agriculture and Land Affairs Minister Lulu Xingwana that she would insert a clause into all land-claims agreements that would give her a veto over the sale of the land. This means land beneficiaries' newly acquired rights to land amount to materially less than the rights resulting from outright land ownership. Land affairs has rejected this interpretation, saying its purpose is to protect people from themselves. But land beneficiaries do not have much say in the matter. Desperately poor people can be expected to agree to almost any condition a minister with the power to grant or deny relief may wish to impose. The veto right is a unilateral condition and open to abuse. - allAfrica website

Fraudulent land claims uncovered - 26 September
Regional land claims commissioner for Gauteng and North West, Tumi Seboka, said on Wednesday that the commission on restitution of land claims had received complaints about alleged fraudulent claims in the Payneville restitution project. Seboka said it seemed about 40 of the claimants in the project near Springs in Ekhuruleni, which was settled in 2000, might not have qualified for restitution. "It seem there were misrepresentation by claimants in their affidavits, [claiming to be] rightful claimants as people who were dispossessed, when in fact it might be established that they were not the original owners of the stands or property at the time of dispossession," she said. - Mail & Guardian website

Claimants 'should take land, not payouts' - 23 September
The land claims commission discourages people, especially those in rural areas, from taking financial compensation in lieu of ancestral land, advising them to rather opt for restitution. This is according to chief land claims commissioner Tozi Gwanya, who said the commission had come to this conclusion based on practical experience on two land claims. In St Lucia in KwaZulu-Natal, the Bangaza community took the option of financial compensation in 2000, but six months later came back to the commission to demand their ancestral land rights. Gwanya said the same happened in Pietermaritzburg in July, where claimants who had been paid financial compensation later tried to recover their ancestral land through an illegal land occupation. They have since been evicted. - Business Report website

Minerals and Energy

Undermining communities and the environment : a review of the International Finance Corporation's Environmental, Health and Safety Guidelines for Mining (September 2007)
http://www.polity.org.za/attachment.php?aa_id=7493

Minister : nuclear centre in the pipeline - 27 September
The Department of Science and Technology is to help establish a national Nuclear Manufacturing Centre (NNMC), Minister of Science and Technology Mosibudi Mangena announced in Durban on Thursday. He was speaking at the National Society of Black Engineers conference in Durban's Elangeni Hotel. - Mail & Guardian website

27 September 2007
Minister of Science and Technology, Mosibudi Mangena, addresses first National Conference of the National Society of Black Engineers, Southern Sun Elangeni Hotel, Durban
SA Government Information website

See also http://nsbe.org.za/events.html

SA to complete energy policy review by end-2008 - 25 September
South Africa has begun a review of its energy policy, introduced in 1998, on Tuesday, with the view to complete the process before the end of 2008. Department of Minerals and Energy (DME) director-general Sandile Nogxina said in Johannesburg that the industry had to retrace the steps that it had taken to achieve the current energy objectives, as it had to determine whether they were still relevant some nine years on. - Creamer Media's Engineering News website

'Sabotage' to 'single buoy mooring' could halt fuel supply, Minister warns - 25 September
"Sabotage" to the "one, single buoy mooring" offloading refined fuel products might bring supply "to a halt" at Durban harbour, which should be operated "transparently" to ensure continuity of supply, Minerals and Energy Minister Buyelwa Sonjica warned on Tuesday. Sonjica told the Energy Summit in Johannesburg that South Africa's demand for petroleum products was "fast outstripping supply", rendering the country more dependent on imports, which were, however, being adversely impacted by "limited importing infrastructure". - Creamer Media's Engineering News website

Municipal Management and Procedure

eThekwini

Ethekwini's new court to speed up services - 27 September
The eThekwini Municipality is constructing a new R5 million municipal court building aimed at speeding the processes of cases and the payment of fines. Situated adjacent to the Magistrate's Court in Somtseu Road, the new municipal court building will also ensure that residents do not travel long distances to pay their fines, according to a statement by the municipality's Senior Communications Officer Themba Nyathikazi, Wednesday. An extension of the existing magistrate's court, the municipal court will only deal with by-laws and traffic offences. The building is in its last phase of construction and is scheduled to open its doors to the public in October this year. - allAfrica website

NEPAD cities Phase II to be launched in eThekwini - 26 September
A Special Session meeting to launch Phase 2 of the New Partnership for Africa's Development Cities Programme will be convened by eThekwini Mayor Obed Mlaba on Thursday. The NEPAD cities initiative aims to address urbanisation and its consequences in order to make African cities more attractive for economic investment. Seven cities were selected to kick start the programme in July 2003. These cities include Durban, Bamako, Lagos, Lusaka, Nairobi, Rabat and Douala and the mayors from all these participating NEPAD cities are to attend the event. - BuaNews Online website

Msunduzi

No bling in the office, councillors told - 28 September
Councillors wearing shorts, flashy jewellery or flamboyant outfits during meetings of the Msunduzi council could find themselves going for counselling sessions. That emerged during Thursday's meeting of the council's executive committee when members approved a proper dress code. - IOL website

Nelson Mandela Bay

Mandela Bay municipal milling goes online - 27 September
The Nelson Mandela Bay Metropolitan in Eastern Cape has developed an innovative billing system in an attempt to improve customer service and the collection of revenue. The municipality, which includes Port Elizabeth, said the new system would optimise revenue collection and more money would be available to improve service delivery and infrastructure. Most municipalities are struggling to collect revenue and customers often complain about incorrect billing and some do not receive accounts. The R46m billing solution, developed by international IT company Fujitsu, allows customers to check and pay their bills online. - allAfrica website

Name Changes

Jo'burgers get free rein to propose names - 21 September
Johannesburg residents can now start making proposals to change any street and public place name to replace those they feel are offensive or historically irrelevant after the city council approved a pragmatic name and renaming policy yesterday. The policy was supported by all parties, including vocal name-change process critics such as the Democratic Alliance and the Freedom Front Plus. - allAfrica website

New street-naming list surprises councillors - 19 September
City manager Dr Michael Sutcliffe on Tuesday presented councillors with the latest list of street names, including new names for Umhlanga Rocks Drive, Smith and West streets and Higginson Highway. The tabling of the list of 83 road names came as a surprise to councillors. If approved, the names could be in use within two months. The DA and MF have been joined by the ACDP in slamming the covert way in which the list was presented to the Masakhane Committee. They claim that discussion surrounding the street renaming was not on the committee's agenda, and was only discussed when Sutcliffe made a surprise visit to the meeting and handed in the list. Sutcliffe, however, said a typing error in the documents had been at the bottom of the delay and was not anything covert or serious. Among the more controversial proposals is the retention of Amanzimtoti bomber Andrew Zondo's name to replace that of Kingsway Road. Also, if approved, Umhlanga Rocks Drive will become King Shaka Drive, and Smith Street will become Anton Lembede Street. Higginson Highway is destined to become Govan Mbeki Highway and West Street will become Dr Pixley KaSeme Street. - IOL website

National Prosecuting Authority

'Constitution altered through back door' - 27 September
The National Prosecuting Authority (NPA) has been in breach of the constitution by reporting to the ministers of justice and safety and security, according to a senior researcher at the Institute for Security Studies (ISS). The constitution stipulated that the NPA report only to the justice minister, Jake Moloi said on Wednesday. This was in contrast to the recommendations made by the Khampepe Commission and accepted by President Thabo Mbeki that the NPA report to the minister of justice as well as the minister of safety and security. - Cape Times website

24 September 2007
Statement on the suspension of the National Director of Public Prosecutions, Adv  Vusi Pikoli
SA Government Information website

President Thabo Mbeki has with immediate effect suspended the National Director of Public Prosecutions (NDPP), Advocate Vusi Pikoli, in terms of section 12 (6) (a) of the National Prosecution Act 32 of 1988. This decision was taken on the basis of an irretrievable breakdown in the working relationship between the Minister of Justice and Constitutional Development and the NDPP.

The President considers the relationship between the Minister and the NDPP central to the effective administration of justice and the smooth functioning of the National Prosecuting Authority. The relationship breakdown had adverse implications for the NPA and the functioning of the criminal justice system.

An enquiry will be instituted in terms of the NPA Act to investigate all matters pertaining to the functioning and role of the NDPP, and make recommendations to the President.

The President has appointed Deputy National Director Adv Mokotedi Mpshe as Acting National Director of Public Prosecutions to ensure that the work of the NPA continues unhindered.

Government would like to reassure all South Africans that the functioning of the justice system will not be compromised, especially within the context of the collective challenge to fight crime.

Enquiries :
Themba Maseko (Government Spokesperson)
Cell : 083-645 0810

Issued by : Government Communications (GCIS)
24 September 2007

26 September 2007
National Director of Public Prosecutions (NDPP) suspended
SA Government Information website

Pikoli and Selebi : have we entered the phase of an imperial Presidency? - 28 September
If the reports are accurate (and they must be confirmed or emphatically denied as a matter of great urgency) it seems clear that the suspension of Pikoli was motivated by the desire of President Mbeki to protect his close ally, police boss Jackie Selebi. - Helen Zille's blog

'Arrest order' for Interpol head - 28 September
South African prosecutors have issued an arrest warrant for Commissioner of Police Jackie Selebi, reports say. Mr Selebi is the current head of the international police body, Interpol. - BBC News website

Selebi warrant : did it lead to Pikoli axing? - 28 September
The Scorpions have been planning to arrest National Police Commissioner Jackie Selebi for at least three months. And it is believed that National Prosecuting Authority boss Vusi Pikoli's decision to pursue Selebi may have been the final step that led to his suspension. - IOL website

Arrest warrant issued for Selebi : report - 27 September
A warrant of arrest has been issued for national police chief Jackie Selebi, the SABC reported on Thursday. The state broadcaster said it had reliably learnt that the National Prosecuting Authority (NPA) obtained the warrant. - IOL website

Inquiry to probe NPA structure, relationship to Minister - 26 September
An independent inquiry will be urgently convened to probe the National Prosecuting Authority's (NPA) work, its Director's relationship to the Justice Minister and structural issues highlighted by the Khampepe Commission. Speaking on SABC radio on Wednesday morning, Government spokesperson Themba Maseko outlined the scope of the imminent inquiry and expressed the urgency with which President Thabo Mbeki viewed the matter. - BuaNews Online website

What's going on President Mbeki? - 26 September
Come clean : that is the message to President Thabo Mbeki from political parties and a political analyst after reports that he is about to deal with national police commissioner Jackie Selebi. The reports followed after Mbeki suspended Scorpions boss Vusi Pikoli.
Meanwhile Sapa reports that after Pikoli and Selebi, Mbeki's third step would be a probe into private companies contracted to the Scorpions to do investigations. Acting National Director of Public Prosecutions Mokotedi Mpshe would decide whether there was a prima facie case against Selebi. - The Sowetan website

Prosecutors stand firm behind Pikoli - 26 September
A fresh row has erupted over the official reasons given for the suspension of the head of the National Prosecuting Authority, Vusi Pikoli. Senior prosecutors and NPA staff have reacted with disbelief and shock to a Government Communication and Information System statement, in which Pikoli's suspension was blamed on his poor working relationship with Justice Minister Brigitte Mabandla. Now the NPA wants the chance to give its side of the story, in a "concise" statement compiled by senior prosecuting management and due to be released on Wednesday. - IOL website

Heads roll in bitter ANC turf war - 26 September
Mr Mbeki's surprise decision to suspend Vusi Pikoli, citing an "irreversible breakdown of relations" with the Justice Minister, shocked opposition figures. Analysts said that the move was evidence of a power struggle over the prosecution of the former Vice-President, Jacob Zuma. It came after weeks of reported friction between Mr Pikoli and Brigitte Mabandla, the Justice Minister, over the prosecution of Mr Zuma. - Times Online website

Mbeki to axe Pikoli - 25 September
President Thabo Mbeki is going to fire National Director of Public Prosecutions Vusi Pikoli. Impeccable sources have independently stated that Mbeki's suspension of Pikoli, announced on Monday is a prelude to sacking him. According to sources Pikoli's illustrious career has come to an end because of his failure to control the Directorate of Special Operations (DSO), also known as the Scorpions. - allAfrica website

Pikoli's suspension nothing personal : Presidency - 25 September
Director-general in the Presidency, Frank Chikane, says a breakdown of the personal relationship between justice minister, Brigitte Mabandla, and national director of Public Prosecutions, Vusi Pikoli, did not lead to Pikoli's suspension. However, yesterday President Thabo Mbeki suspended Pikoli, citing an irretrievable break down in the working relationship between him and Mabandla as the main reason for the move. Chikane says Pikoli's suspension was rather due to the fact that something went wrong in his reporting to the minister in terms of the Constitution. - SABC News website

Suspicion as SA's top prosecutor suspended - 25 September
Politicians and political analysts have reacted with suspicion following President Thabo Mbeki's sudden suspension yesterday of National Director of Public Prosecutions Vusi Pikoli, saying the move had "immense national implications". - The Herald Online website

Scorpions

Overwhelming support for unchanged Scorpions - 26 September
Respondents in Nelson Mandela Bay were asked if the Scorpions should be restructured and incorporated into the police or remain under the NPA. The survey followed the sudden suspension of National Director of Public Prosecutions Vusi Pikoli by President Thabo Mbeki on Sunday. - The Herald Online website

Road Accident Fund

Road accident needs new no-fault law - 27 September
The acting Chairperson of the Road Accident Fund, Veli Mahlangu, makes an impassioned plea in his annual report tabled in Parliament and circulated on Thursday, for new legislation to change the basis of third-party compensation. - iafrica website

Trade and Industry

Gidani to operate the National Lottery - 24 September
Empowerment consortium Gidani has been awarded the licence to operate the National Lottery, announced Trade and Trade and Industry Minister Mandisi Mpahlwa. The minister said that they had gone beyond the call of duty and ensured that they conducted the process with rigour, fairness and integrity. "I therefore appeal to all the bidders, in light of the process and in the interests of the national lottery, to now accept the outcome of what has been a fiercely competitive process". He thanked the bidders and the public for their patience and said he was confident that the new operator will begin its operations as soon as possible. - BuaNews Online website

Transport

Richards Bay touted as premier bulk port - 26 September
SA's premier bulk port, Richards Bay, could soon replace its Durban counterpart as the country's busiest multi purpose harbour, and potentially one of the largest ports in the world, if a planned expansion strategy was adopted, Public Enterprises Minister Alec Erwin said yesterday. He told the French South African Chamber of Commerce and Industry that the port of Richards Bay, which occupies 2157ha of land and 1495ha of water, had more open space available for development. The port of Durban, on the other hand, had space constraints. - allAfrica website

CT container terminal stacking area expansion gets environmental thumbs up - 21 September
South Africa's Environmental Affairs and Tourism Minister, Marthinus van Schalkwyk, has authorised the expansion of the container terminal stacking area in the Port of Cape Town, on Friday. The National Ports Authority (NPA) applied for the expansion of the container terminal at the port and Department of Environmental Affairs and Tourism said that it had considered various alternatives. The alternative approved to achieve the expansion would entail reconfiguration, which involved maximising the potential stack capacity within the Cape Town container terminal while staying within the existing container terminal boundaries, the department said. - Creamer Media's Engineering News website

How SA is responding to the global containerisation surge - 28 September
Almost 51 years since the container revolution, about 90% of the world’s cargo is now transported in containers. The growth in containerised shipping, which surged by 600% between 1979 and 2004, as well as the development in shipbuilding, has encouraged substantially larger vessels – a trend that no country or harbour is able to escape. The increased specialisation of ships and the growth of ship size have, over the years, resulted in ports around the world improving cargo-handling technology, operations, and infrastructure. While South Africa gears itself up in the development of infrastructure to deal with challenges such as increasing container traffic and larger shipping vessels, much consideration needs to focus on environmental challenges and concerns, which may result from such development. - Creamer Media's Engineering News website

Miscellaneous

Struggle documents to be digitised - 25 September
Microsoft South Africa plans to digitise a collection of struggle records being kept at Fort Hare University's Mayibuye Centre and the University of the Western Cape. Advocate Sonwabile Mancotywa, CEO of the National Heritage Council, says the collection of manuscripts, maps, newspapers, letters, sound and video clips, photographs and other physical artefacts remain a vital part of the country's heritage that could be lost forever unless preserved digitally. - ITWeb website

Unexpected treasure trove beneath the sea - 27 September
An exciting find of crates containing 100-year-old bottles, sealed and with their contents still inside, has been made on the old wreck lying on the bottom of Coega harbour. During the fearsome storm of November 14, 1903, the 65-metre-long, three-masted iron barque, County of Pembroke, was blown ashore. The Pembroke lay on the beach until March 1904, when the Harbour Board removed it as it had been lying in a very dangerous position. When repairs were completed and with the pumps still working, the barque was refloated by two tugs and towed 14km away to the mouth of the Coega River where it would be out of the way, and sunk. Before Transnet Projects could go ahead with the removal, a permit was required from the South African Heritage Resources Agency. - The Herald Online website


Africa

DA : SA safety 'utterly abysmal' - 27 September
The Democratic Alliance (DA) on Thursday said that South Africa being ranked the third least safe place out of 48 countries on the African continent indicates that the country is critically unsafe. The party's spokesperson on safety and security, Dianne Kohler-Barnard, said that the Mo Ibrahim Index of African Governance, which ranked South Africa as third most dangerous after "war zone" countries, Sudan and Burundi, indicated that what citizens of this country had been crying out for years was the truth. - Mail & Guardian website

See also http://www.moibrahimfoundation.org/

Web of red tape harms SA's image - 27 September
SA has lost its status as the easiest African country in which to do business, sliding six rungs down the rankings in an influential annual study that compares regulation in 178 economies. According to the report, SA lost its position because it has not cut red tape as fast as many other emerging markets have. - Business Day website

SA placed fifth on latest African governance index - 25 September
South Africa is placed fifth on the latest Mo Ibrahim Foundation Index of African Governance with a score of 71,2 while top-ranking Mauritius scored 86,2, according to a new good governance index published on Tuesday. The first annual Ibrahim Index of African Governance rated the performance of 48 nations against a series of criteria including security, human rights, economic stability, just laws, free elections, corruption, infrastructure, poverty and health. South Africa scores 61,1 on safety and security, 75,2 on rule of law, transparency and corruption, 81,1 on participation and human rights, 67,4 on sustainable economic development, and 70,5 on human development. Mauritius scored highest overall on the index, followed by Seychelles, Botswana, Cape Verde and South Africa. - Mail & Guardian website

See Doing Business 2008 Overview

Kenya

Kenya graft 'amnesty bill' halted - 28 September
Kenyan President Mwai Kibaki has rejected a law which in effect would have overlooked financial crimes by public officials committed before 2003. - BBC News website

Zimbabwe

Zimbabwe passes bill to transfer all foreign-owned firms to locals - 27 September
Zimbabwe's parliament yesterday passed a bill giving local owners majority control of foreign-owned companies, including mines and banks. Analysts say the move could drive the fragile economy deeper into crisis and opposition leaders say it is designed to benefit the ruling party's elite. - Business Report website

Only the 'disadvantaged' can own businesses - 26 September
Zimbabwe-born whites who proved they were discriminated against under colonial rule may not be subject to a government programme to take control of white-owned businesses, the government has said. Under a proposed Indigenization and Empowerment Bill, white descendants of mainly British settlers will be required to relinquish at least 51 percent of their businesses to blacks. - IOL website

Zimbabwe law hits foreign groups - 26 September
Zimbabwe’s parliament passed a law on Wednesday giving the state controlling stakes in foreign-owned businesses, including banks and mines. It happened in the face of warnings from the opposition and businesses that the law would have catastrophic consequences for Zimbabwe's already crumbling economy. While the official rate of inflation is 6 500 per cent, the real figure is widely believed to be far higher. The business community has been clinging to the hope that the law would, if passed, never be implemented. - Financial Times website

Zimbabwe assembly debates bill - 26 September
Zimbabwe's parliament began debating a bill on Tuesday that would give local owners majority control of foreign companies, a move analysts fear could sound the death knell for an economy already deep in crisis. President Robert Mugabe's government says the bill is part of its drive to empower the country's poor majority and eliminate traces of the colonial past. - Reuters website

Harare in need of land for expansion - 27 September
The  Harare Metropolitan Province's ever booming population has created the need for more capital projects covering a wide spectrum of services such as housing and infrastructural development, health, social, education, industry and commerce. Speaking at the provincial council meeting in Harare yesterday, Harare Metropolitan Governor and Resident Minister Cde David Karimanzira said the land for expansion was needed urgently. He, however, said urban development now needed to be vertical, looking upwards structurally instead of horizontal development as land had become a scarce resource. - allAfrica website


Asia

China

China dam 'catastrophe' warning - 26 September
China's Three Gorges Dam could trigger an environmental catastrophe unless emerging problems are treated urgently, senior officials have warned. The dam's head of construction, Wang Xiaofeng, said ecological problems like soil erosion, landslides and water pollution could not be ignored. In some areas ill-judged development was making things worse, he said. Critics have long warned the dam, the world's largest hydro-electric project, could cause huge environmental damage. - BBC News website

see also InfoUpdate no.19, 19 May 2006

Pakistan

Judge frees Musharraf opponents - 27 September
The chief justice of Pakistan's Supreme Court today ordered the government to release all opposition political activists held in recent days as the country’s president, Gen Pervez Musharraf, filed his nomination papers to contest the elections on Oct 6. - New York Times website


Australasia

Australia

Private eyes on public data - 25 September
When Scott Powell started developing the HandMap software in 1997, he developed services exclusively for the US, partly because it was so easy to gather the necessary data. "I remember back then you actually had to order and pay this one-off fee (for the data)," Mr Powell says. "I think there were six CDs that covered all of the US. And you paid something like $US200 per CD". Today the US Government has gone one better, offering all that data free. In Australia, spatial data of this sort primarily originates from either state, territory or federal governments. But Australian governments have traditionally treated spatial information, as with much of its accumulated Public Sector Data (PSD), as primarily a revenue source. - Brisbane Times website


Europe

EU urges signing of trade deals - 27 September
EU trade commissioner Peter Mandelson has warned former European colonies that they could miss out if they do not sign up to new trade deals. The EU is engaged in a round of talks with former colonies across Africa, the Caribbean and the Pacific (ACP). Protesters are opposing the proposed Economic Partnership Agreements (EPA). However, Mr Mandelson said a failure to sign up meant those who relied on exports of goods such as bananas and fish faced a risk to their livelihoods. - BBC News website


Middle East

Iraq

'Chemical Ali' faces his accusers - 24 September
Former aides of Saddam Hussein, among them the notorious "Chemical Ali", have been accused in court of massacring 100 000 people in a 1991 Shia uprising. - BBC News website
Keyphrase :
Ali Hassan al-Majid


United Kingdom

Criminal Justice System

New laws on gun and knife violence enter force - 27 September
Tough new powers to tackle knife and gun crime on Britain's streets and growing alcohol-fuelled yob violence become law next week. The country has been hit by a spate shootings and stabbings that police say are linked to gangs and a culture of violent "yobs" - aggressive young people who drink or take drugs and attack those who challenge them. - Reuters website

'Self-defence' law to be reviewed - 27 September
There is to be an urgent review of the law protecting those who intervene in criminal situations in England and Wales, the government is to announce. Justice Secretary Jack Straw, who has been a "have-a-go hero" four times, said he wanted to clarify "that the law is on the side of the citizen". - BBC News website

Gordon Brown repackages law and order policy - 25 September
Gordon Brown has used his maiden conference speech as Prime Minister to repackage Labour's law and order policy. Out went "tough on crime, tough on the causes of crime". In came "punish and prevent". - Telegraph website

Family Law

Margaret Hodge 'shocked by handcuff protest' - 27 September
Margaret Hodge, the former children's minister, was "shocked and distressed" at being ambushed and handcuffed by two fathers' rights protesters, she told a court. Miss Hodge said she was "completely taken aback" after the men mounted the stage to place handcuffs on her at a Law Society conference. Jason Hatch of Cheltenham, Glos, and Jonathan Stanesby of Ivybridge, Devon, deny false imprisonment after the incident at the Lowry Hotel in Manchester in 2004. Both were members of the group Fathers 4 Justice, and wanted to gain publicity for their cause, the court heard. - The Telegraph website

Succession

A chance to succeed? - September 2007
It is now nearly half a century since the last major change in succession law, the Succession (Scotland) Act 1964. Since then there have been great changes in family structure and wealth distribution in Scotland. Many more couples cohabit, the level of divorce and re-partnering has risen dramatically, and civil partnerships have been introduced. Also people are materially better off, partly as a result of increased homeownership. The 1964 Act is (and indeed has been for some time) in need of refurbishment, as is much of the centuries-old common law. - The Journal Online website


United States

Anti-Terrorism

Judge rules provisions in Patriot Act to be illegal - 27 September
A federal judge in Oregon ruled Wednesday that crucial parts of the USA Patriot Act were not constitutional because they allowed federal surveillance and searches of Americans without demonstrating probable cause. - New York Times website

Court advances military trials for detainees - 24 September
A special military appeals court, overturning a lower court ruling, on Monday removed a legal hurdle that has derailed war crime trials for detainees at Guantanámo Bay, Cuba. The ruling allows military prosecutors to address a legal flaw that had ground the prosecutions to a halt. The legal flaw involved a requirement by Congress that before the detainees could be tried in military tribunals, they had to be formally declared "alien unlawful enemy combatants". The problem for prosecutors was that while the detainees had been found by a military panel to be enemy combatants, they had not been specifically found to be unlawful. - New York Times website

Arts and Culture

Museum can show disputed artwork, judge rules - 22 September
A federal judge ruled yesterday that the Massachusetts Museum of Contemporary Art has the right to display an immense unfinished installation by Christoph Buchel, a Swiss artist whose relationship with the museum fell apart early this year, leading to a bitter public battle over control of the work and over artists’ rights in general. - New York Times website

Attorney General

Nuance and resolve in rulings by Attorney General nominee - 23 September
In his 18 years on the federal bench, Judge Michael B Mukasey issued more than 1 500 decisions concerning matters as cataclysmic as the Holocaust and as mundane as milk, beer and cigarettes. In his opinions, Judge Mukasey comes across as fiercely intelligent, prickly, impatient, practical and suspicious of abstractions. - New York Times website

Emigration and Immigration

Banned : why a South African is going to court in the US - 25 September
Our saga began a month earlier when I arrived in New York on October 21, 2006. Having lived there before while earning my PhD from the City University of New York, and having traveled there multiple times thereafter, I expected to be irritated, but nothing more. Even when I was sent to the Homeland Security waiting room in JFK airport, I was not overly concerned. But after five hours, I began to realize that this went beyond the normal harassment. By the time I called the South African Consulate and some US and South African officials, it was too late - the decision had already been made to revoke my visa and 'deport' me. Soon I was escorted under armed guard to a plane bound for South Africa - The Huffington Post website

S African scholar barred from US, lawsuit says - 25 September
A South African scholar was barred from the United States because of his criticism of US policy in Iraq and the Guantanamo Bay prisoner camp, a civil rights group said in a lawsuit filed on Tuesday. Accusing the Bush administration of stifling academic debate by routinely denying visas to critics, the American Civil Liberties Union filed the federal suit on behalf of four groups that invited Adam Habib, a Muslim, to speak in the United States. The lawsuit charges the government's decision to revoke Habib's visa last year forced him to turn down speaking engagements, thereby violating the First Amendment rights of US citizens who could not hear his views. - Reuters website

Environment

In beach enclave, affluent are split over effluent - 25 September
Septic tanks or sewers? The question of how to treat wastewater in this exclusive beachfront community is pitting neighbors, surfers and environmentalists against one another. If the sewer vote passes, the owners of Rincon Point's 72 homes will have to pay about $80 000 each to build the infrastructure to hook up to the waste treatment center in the city of Carpinteria, next to Rincon. The state would contribute about $2.1 million. In part because Rincon Point property is so valuable - a beachfront cottage considered a "tear down" by at least one agent is now listed for $4.4 million - most residents can afford to pay, either up front or over 30 years. - New York Times website

Gender Issues

EEOC files lawsuit against Bloomberg LP - 27 September
The federal government announced this afternoon that it had filed a lawsuit against Bloomberg LP, the financial services company founded by Mayor Michael R Bloomberg, accusing the company of discriminating against women. In its lawsuit, filed this afternoon in US District Court in Manhattan, the Equal Employment Opportunity Commission said the company engaged in a pattern of discrimination against pregnant women, including "decreasing their pay, demoting them, diminishing their job duties and excluding them from employment opportunities". - New York Times website

Health

Report assails FDA oversight of clinical trials - 28 September
The Food and Drug Administration does very little to ensure the safety of the millions of people who participate in clinical trials, a federal investigator has found. In a report due to be released Friday, the inspector general of the Department of Health and Human Services, Daniel R Levinson, said federal health officials did not know how many clinical trials were being conducted, audited fewer than 1 percent of the testing sites and, on the rare occasions when inspectors did appear, generally showed up long after the tests had been completed. - New York Times website

Home Affairs

Justices agree to hear case about voter ID laws - 26 September
The Supreme Court agreed on Tuesday to decide whether laws that require voters to take government-issued photo identification to the polls place an unconstitutional burden on the right to vote. - New York Times website

Human Rights

Concerns raised over Taser safety - 27 September
The question is not just in what circumstances you can justify using Tasers but how safe they are. As Taser use continues to spread, organisations like Amnesty International have voiced concerns over safety. Tasers shoot two barbed darts into the victim, which deliver a series of 50 000-volt electrical pulses over 5 seconds, causing severe pain and intense immobilising muscle contractions. People who are tased when upright tend to fall over. Any resulting injuries are usually minor but at least one person has died from a head injury. - New Scientist website

US court reviews lethal injection - 25 September
The US Supreme Court is to review the legality of lethal injections, the means of execution in most US states. The high court has agreed to hear challenges from two death row inmates Ralph Baze and Thomas Clyde Bowling Jr. The pair sued the state of Kentucky in 2004, saying lethal injections were cruel and a violation of civil rights. The case could affect the way inmates are executed in the US. Lawyers for the men said the court had not reviewed the issue for more than 100 years. - BBC News website

Labour Issues

GM workers return after deal reached with union - 26 September
Members of the United Automobile Workers union returned to work today at General Motors after the two sides reached a landmark contract agreement, ending a two-day strike. The key provision of the new contract is a health care trust that would get GM's vast liability off its books, while workers and retirees would receive their current coverage until the trust is put in place. - New York Times website

Land Affairs and Property

Further price drop for US homes - 25 September
The price of existing homes in the 10 largest US cities fell by 0.6% in July - the steepest drop in 16 years - a survey has found. The data, from S&P/Case-Shiller home price index, put the annual price fall in those cities at 4.5%. A broader survey of 20 cities found that prices fell in 15 of them, dropping an average of 0.4% from June to July, and down 3.9% on July 2006. The cities where prices are still rising are Atlanta, Charlotte, Dallas, Portland and Seattle. However, these have reported that growth is slowing, the index compilers said, with Atlanta and Dallas moving closer to negative territory. - BBC News website

Minerals and Energy

Approval is sought to build two reactors in Texas - 24 September
In a bid to take the lead in the race to revive the nuclear power industry, an energy company will ask the federal Nuclear Regulatory Commission on Tuesday for permission to build two reactors in Texas. It is the first time since the 1970s and the accident at Three Mile Island that an American power company has sought permission to start work on a new reactor to add to the existing array of operable reactors, which now number 104. - New York Times website


International

Arts and Culture

Magna Carta copy to be auctioned - 26 September
A rare copy of the Magna Carta, the document that enshrined human rights in English law, is to be sold in New York. The copy owned by the Perot Foundation is expected to fetch more than $20m (£9.94m), auctioner Sotheby's says. The copy on sale, dating from 1297, was bought by Ross F Perot in 1984 and is the only one in private ownership. - BBC News website

Getty to hand back 'looted art' - 25 September
One of the world's wealthiest museums, the Getty in Los Angeles, has signed an agreement in Rome to return priceless artefacts allegedly stolen from Italy. Under the deal with the Italian culture ministry, 40 major works of ancient art will be returned from next week. It follows two years of often hostile negotiations, with Rome threatening to sever ties with Getty. It is a victory for the Italian government, which has been battling in the courts for the past decade to defeat the enormously profitable international trade in smuggled ancient art works. - BBC News website

Climate

Climate change conference opens - 27 September
Secretary of State Condoleezza Rice opened a conference of the world’s largest greenhouse-gas emitters today, an event that United States officials assert was not designed to undercut United Nations efforts to take more muscular steps to curb climate change. Officials from Australia, Britain, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, South Korea, Mexico, Russia and South Africa were attending the conference, as well as European Union and UN climate-change officials. Critics in Europe and elsewhere say that approach will allow countries to avoid the tough choices they say are needed to slow climate warming and temper its disruptive effects: a rapid retreat of sea ice, and precipitation changes that have brought droughts and floods, damaging crops. - New York Times website

27 September 2007
Opening statement by Marthinus van Schalkwyk, South African Minister of Environmental Affairs and Tourism at the major economies meeting on Energy Security and Climate Change, Washington DC
SA Government Information website

Bush under pressure at climate change conference - 28 September
US President George W Bush kicks off the second day of a conference on global warming on Friday under pressure from the world's major economies to accept binding limits on emissions of greenhouse gases. Bush called the meeting as a precursor to United Nations talks in Bali in December, which will aim to launch a successor to the Kyoto Protocol, a treaty that set limits on industrial nations' emissions. - Reuters website

Environment

Fight against climate change : projects from South Africa and Bangladesh share prestigious environment award - 27 September
Ms Jeunesse Park of South Africa and Bangladeshi NGO Shidhulai Swanirvar Sangstha are the co-winners of the UNEP Sasakawa Prize 2007, a $200 000 prize awarded yearly to individuals or institutions who have made a substantial contribution to the protection and management of the environment. Ms Jeunesse Park is the founder and CEO of Food and Trees for Africa (FTFA), South Africa's only national greening and food gardening NGO which promotes greening, sustainable natural resource use and management and food security, through three key programs : Trees for Homes, EduPlant, and the Urban Greening Forum. Ms Park initiated the design of the first carbon calculator in South Africa. - YubaNet website

Finance

Credit crunch 'hits world growth' - 24 September
The International Monetary Fund (IMF), which supervises the world financial system, says an economic slowdown is likely due to the global credit crunch. The IMF warned in its global stability report that the "downside risks [to growth] have increased significantly". IMF Managing Director Rodrigo Rato said that the biggest impact of the crisis will be on the US economy in 2008. His comments came soon after a former Federal Reserve chairman said there was a 50% chance of a recession in the US. - BBC News website


E-Tips

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

What's Being Discussed on the Internet This Week

We Love u Wolverhampton Ring road Tramp!
http://www.facebook.com/group.php?gid=2226898476

Thousands join tramp's Facebook fansite - 26 September
A tramp who has lived in the middle of a Wolverhampton ring road for more than 30 years has become a Facebook phenomenon. Josef Stawinoga, aged in his eighties, is the subject of a fansite with more than 4 200 members. Titled "We love you, Wolverhampton ring road tramp", the site is dedicated to Mr Stawinoga who lives in a tent on the city's central reservation. - Telegraph website


Vacancies

  Legal Appointment
The KwaZulu-Department of Local Government and Traditional Affairs is looking for a person who has a legal qualification.

The appointment will be for a maximum period of 12 months. The person will be expected to provide assistance to the Manager : Legal and Administration in the following functional areas :

• providing input/representation in respect of relevant draft national and provincial
   legislation and policy
• draft provincial policy and legislation on local government
• interpret policy and legislation
• provide guidance and advice to the regional offices, provincial, municipal and
   local stakeholders
• draft contracts and provide assistance in the administration of litigation on
   matters pertaining to local government

Some experience in the municipal/local government field will be an advantage.

Starting date : as soon as possible

Salary : R18 400.00 pm

Should you require any further information, kindly contact :
Heidi Maritz
Telephone : 033-355 6348


Candidate Attorney : vacancy
A law firm in Newcastle seeks an articled clerk to start as soon as possible. The successful applicant will need to speak Zulu, have a driver's license and preferably right of appearance.

Contact : (telephone) 034-315 2582/3


Last Thought

Friendship in letters and paint - 28 September
"My God, if only I had known this country at 25, instead of coming here at 35". That was Vincent van Gogh, freshly arrived in southern France, with its aromatic fields and star-spilling skies, in 1888. He was writing to his artist-friend Émile Bernard, 15 years his junior. All these words, ideas, sensations and images are packed into "Painted With Words : Vincent van Gogh's Letters to Émile Bernard" at the Morgan Library & Museum, a display of manuscripts that is also something more. Although 20 handwritten letters, given to the Morgan by Eugene and Clare Thaw, are at its center, they are surrounded by nearly two dozen paintings and drawings, half of them by van Gogh, including a splendid self-portrait. - New York Times website

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

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