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

Issue no.33 - 26 October 2007

Cost : R660.00 per person

Date : 8 and 9 November

Venue : Sun Coast Conference Centre

This seminar will prepare the ground for mediation, communication, the frustrations of generating options in an emotional situation, and the paperwork involved therein.

Contact

Beverley Chueu

Telephone : 012-341 3091

Email : Beverley@lssalead.org.za

SALC announces establishment of two new programmes – for Media Defence and HIV/AIDS

The Southern Africa Litigation Centre (SALC) today announced the establishment of two new programmes : a Media Defence Programme, headed by Lloyd Kuveya, and the HIV/Aids Programme under the direction of Priti Patel.

Founded in 2005, SALC provides support, resources, and training to lawyers taking cases that advance human rights and the rule of law in Angola, Botswana, the Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia, and Zimbabwe.

The Media Defence Programme was established recognising the widespread violations of freedom of expression – and media freedom in particular – that occur daily in southern Africa.

There are few places where freedom of expression is more in peril than this region. Independent media is routinely persecuted. Tactics range from outright attacks on journalists to prohibitive operating regulations.

Despite the African Union's affirmation of the importance of freedom of expression as a cornerstone of democracy and a means of ensuring respect for all rights and freedoms, extensive prohibitions on free speech persist in countries such as the Angola, the Democratic Republic of Congo (DRC), Swaziland and Zimbabwe.

Lloyd Kuveya, head of the new Media Defence Programme, explained : "We hope this unique initiative will equip southern Africa media lawyers and practitioners with critical and relevant tools to effectively defend the right to freedom of expression generally and media defence specifically. In the process lawyers and journalists will have positively contributed to the promotion and protection of human rights and democracy in Africa".

SALC has also launched a new programme focusing on HIV/Aids in the region.  As of 2006, more than 30% of all people living with HIV resided in southern Africa.  In Zimbabwe, Lesotho, Swaziland, and Botswana, the infection rate as of 2005 was over 20%.  Already vulnerable populations, such as women, children, and those living in poverty, tend to bear the brunt of the societal burden caused by HIV/Aids.

The new programme recognizes the importance of a human rights approach to stem the spread and impact of HIV/Aids on individuals and communities. In particular, the programme will provide support, resources and training to lawyers and community groups involved in cases that advance a human rights approach to the HIV/Aids epidemic.

Priti Patel, who directs the HIV/Aids programme, stated : "The law is a powerful advocacy tool for vindicating the rights of those infected and affected by HIV/Aids.  And yet in most southern African countries there is a dearth of cases in national courts on HIV/Aids related issues.  This programme aims to change that by working with and supporting local and regional lawyers, community groups and other civil society members in bringing key legal cases on HIV/Aids related issues such as discrimination, access to treatment, and mandatory testing".

Contacts

Lloyd Kuveya
Programme Lawyer, Media Defence Programme
Telephone : 011-403 3414 / 079-484 8804
Email : lloydk@osisa.org

Priti Patel
Programme Lawyer, HIV/Aids Programme
Telephone : 011-403 3414 / 076-0808 0505
Email : pritip@osisa.org

Prepared by : FD Beachhead

GN 1218/GG 30316/28-09-2007

Electronic Communications Act 36 of 2005

Notice of intention to revise the schedule of conversion of licences and revocation and amendment of previously published draft notices - noted
GenN 1257/GG 30352/04-10-2007 *

Financial Advisory and Intermediary Services Act 37 of 2002

Exemption of banks in respect of certain clients - amended
BN 99/GG 30349/03-10-2007 *

Income Tax Act 58 of 1962

Draft Scientific and Technological Research and Development Tax Incentive Form - noted
GN 912/GG 30332/01-10-2007 *

International Air Service Act 60 of 1993

Grant / Amendment of international air service licence
GN 1207/GG 30323/21-09-2007

All items (Base 200 = 100)
http://www.statssa.gov.za/PublicationsHTML/P0141September2007/html/P0141September2007.html

* Source : OSALL (Marina)

Agent's breach of fiduciary duty

Execution against immovable property
CLISB - 2007, v.25(2), p.29

* Source : OSALL (Marina)

Union seeks court ruling on 'dignity' of workers - 26 October
The Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union has taken Republican Press to the Constitutional Court to contest a Supreme Court of Appeal ruling that said workers who had been retrenched for more than five years could not be reinstated. "This is the first case where the Constitutional Court will be called upon to rule upon the impact an unfair dismissal has upon the dignity of the person dismissed and, in that light, determining the appropriate redress, which the applicants contend should be reinstatement," union national legal officer Themba Buthelezi said. Republican Press dismissed about 150 workers in September 1999 after the company purchased a printing press. - allAfrica website

Jo'burg may not evict residents of derelict buildings - 25 October
Occupants of two derelict buildings in Johannesburg's inner city will not be evicted and the city will have to improve their living conditions until suitable housing can be found, in terms of an agreement commissioned by the Constitutional Court. The agreement submitted to the Constitutional Court yesterday follows two judgments in the Johannesburg High Court in which the state, or more specifically municipalities, have been held responsible for providing housing for the poorest of the poor in the city. - allAfrica website

Terminated disability grant 'was infringement of rights' - 24 October
A woman who had her disability grant terminated without notice for three years has taken her claim to the Constitutional Court. She is arguing that her claim should not be treated as a mere commercial debt, but as an infringement of her rights to "fair administrative action and of access to social security". - allAfrica website

One for the workers . . . - 23 October
Earlier this month the Constitutional Court ruled in a case with tremendous consequences for ordinary South Africans and our system of labour relations. The appeal involved the dismissal, more than seven years ago, of Zingisile Sidumo by Rustenburg Platinum Mines. Sidumo was employed to patrol the mine’s high-security facility, where precious metals are separated from lower-grade concentrate. The Constitutional Court  was unanimous that, in a dismissal dispute, a commissioner is not required to defer to the decision of the employer. The commissioner is not given the power to consider afresh what he or she would do, but must decide whether the employer's decision was fair. - Mail & Guardian website

See
5 October 2007
CCT 85/06
Sidumo v Rustenburg Platinum Mines Ltd and Others

BMW AG succeeds against replacement parts supplier - 22 October
In the Supreme Court of Appeal of South Africa : Commercial Auto Glass (Pty) Limited (Appellant) v Bayerische Motoren Werke Aktiengesellschaft (Respondent) : Case No.331/06. Commercial Auto Glass (Pty) Limited has been unsuccessful in its appeal against a judgment of the Transvaal Provincial Division of the High Court interdicting it from infringing the registered trade marks BMW, BM and 3-SERIES, and the unregistered well-known trade marks E30, E36 and E46, of BMW AG. The Appellant is in the business of supplying and fitting accessories and spare parts for all types of vehicles, including windscreens. In its advertisements in the media, its product labelling, written quotations and invoices, it uses trade marks such as "BMW E36 3-SERIES" in referring to windscreens which it supplies without any qualification or explanation as to the precise nature or origin of the goods. Article by Chris Job of Adams & Adams on the Mondaq website
* * * Free subscription required * * *

16 October 2007
7072/2007
Mittal Steel SA Ltd v Pipechem CC
The applicant, a registered company, has applied to set aside respondent’s notice of intention to defend an action as an irregular step: and thereafter, for default judgment to be entered against respondent. For convenience I shall refer to the parties as plaintiff and defendant. The defendant is a close corporation incorporated in terms of the provisions of the Close Corporations Act 69 of 1984. On 31 May 2007 the plaintiff instituted action against defendant for payment of the sum of R194 639,87, together with interest and costs of suit. Plaintiff’s cause of action allegedly arose from the sale and delivery to defendant of two consignments of steel bars during November 2005

10 October 2007
307/2003
Gerrit Dirk De Vries v Gendula De Vries
In 2003 Plaintiff, a German citizen, then domiciled in Cape Town and married to Defendant according to the laws of Germany, issued summons against Defendant out of this Court claiming, in essence : A decree of divorce ; Custody of their son, currently aged 19, born of the marriage between Plaintiff and Defendant ; Half of the net value of two immovable properties owned by Defendant and the Costs of suit. Defendant opposed claims 2, 3 and 4 above. She contended in respect of claim 2 that their son has already attained the age of majority, and in respect of claim 3, that Plaintiff was not entitled to the relief claimed therein by virtue of a post nuptial agreement between the parties

9 October 2007
8112/2004
City of Cape Town and Others v Oudekraal Estates (Pty) Ltd and Others
The applicants are seeking an order in the following terms against the respondents : Declaring invalid and unlawful the grant of approval by the then Provincial Administrator of the Cape of Good Hope on 17 September 1957, in terms of section 18 of Ordinance 33 of 1934, of the application of Sir Henry Phillip Price for permission to establish a township named Oudekraal, consisting of the erven and public places depicted on Plan P.A. 16/A/1/36-A, as amended, on the remainder of the farm Oudekraal situate within the Cape Division and then held by Deed of Transfer No. 725 dated 28 January 1954. Reviewing and setting aside the decision. Pursuant to the setting aside of the decision : Authorising and directing the Fourth Respondent to cancel the General Plan approved by the Fourth Respondent on 10 April 1961 under reference number TP 1781 LD in respect of Portion 7 of the Farm Oudekraal, now known as erf 2802 Camps Bay and currently registered under Deed of Transfer No. T13636/1965. Authorising and directing the Third Respondent : to endorse the title deed to record that the General Plan has been cancelled and that accordingly, no transfer may be effected of the erven depicted on the General Plan, formerly known as erven 1-240 Oudekraal Township and Public Places 241-252 and now described as erven 2803-3042 and Public Places 3043-3054, Camps Bay. To record a caveat in the Third Respondent's records reflecting the cancellation of the General Plan and that the owner's title deed in respect of the property is to be similarly endorsed if and when it is lodged in the Deeds Registry

FF+ drops case on integration - 26 October
In January next year the University of the Free State (UFS) will become the final South African public higher education institution to racially integrate its residences after the Freedom Front Plus (FF+) abandoned its court action aimed at halting the university's integration plans. The FF+ warned, however, that it might instigate litigation regarding the UFS' residence plans at a later stage. - allAfrica website

Sheriff ordered to repay Wozani R5m - 25 October
The Johannesburg High Court has ordered that a civil judgment that found the Sheriff of Midrand, Theodorus Cornelius Siebert, had withheld more than R2,7m in fees from a security company, be sent to Justice Minister Brigitte Mabandla. Judge IW Schwartzman has ordered Siebert to repay more than R5m - an amount that includes six years' worth of interest - and the defendant's legal costs to Wozani Security, from whom he had withheld and delayed payment. The money was owed for a relocation exercise the company had carried out for the Johannesburg City Council in 2001. Siebert was found to have used the interest accrued on the money paid to him on the R28m contract for his own account. - allAfrica website

DA : missing PetroSA-Imvume file shows justice in decay - 23 October
The news that the case file for the PetroSA claim against Imvume Management cannot be found is further evidence of a justice system in a state of advanced decay, according to Hendrik Schmidt, who speaks for the Democratic Alliance (DA) on minerals and energy affairs. "More disturbingly," Schmidt said on Tuesday, "it gives further credence to the impression that the state will do everything in its power to suppress any investigation in the Oilgate affair". A report in Tuesday's morning newspapers said that the case file cannot be located. Instead of the full case file, the registry of the Johannesburg High Court has only an empty cover created on October 5, marked "duplicate file". - Mail & Guardian website

Wynberg

Taliep Petersen Case

Taliep, Najwa 'in diamond deal' - 25 October
Entertainer Taliep Petersen and his wife Najwa were involved in major diamond deals and currency transactions before his death, the Wynberg Regional Court was told on Thursday. The claims were made in an affidavit by Ms Petersen's son from a previous marriage, Sulaiman Effendi, which was handed in as evidence in her second bid for bail. She and three co-accused have been charged with Taliep's murder. - News24 website

Johannesburg

Court says no to Motata's clips - 26 October
The state's efforts to show disputed recordings of Judge Nkola Motata's alleged drunken escapades have been iced - because the clips were taken on a cellphone. Johannesburg magistrate Desmond Nair on Thursday refused to allow the state to play the five recordings taken by Hurlingham, Sandton, resident Richard Baird because of his concerns that they may have been tampered with. - IOL website

Trial in a trial to test 'drunk judge' evidence - 26 October
The Johannesburg Magistrate's Court yesterday ordered that a trial within a trial be held to determine the admissibility of video evidence in the drunk-driving trial of Pretoria High Court Judge Nkola Motata. The state sought to lead video evidence made from the cellphone of Richard Baird, into whose garden wall Motata crashed on January 6. - Business Day website

FSB to get teeth to enforce its rulings - 24 October
The Financial Services Board (FSB) plans to strengthen its grip by introducing enforcement tribunals able to impose administrative penalties and retrieve investors' money lost in reckless or fraudulent schemes. Draft legislation to amend the Financial Services Board Act and the Protection of Investors' Funds Act was pending, the FSB deputy executive officer in charge of investment institutions, Dube Tshidi, told Parliament's finance committee yesterday. - allAfrica website

FXI cannot get SABC blacklisting report  - 25 October
The Complaints Compliance Commission of the Independent Communications Authority of SA (Icasa) today dismissed an application by the Freedom of Expression Institute (FXI) to get the full record of the report into blacklisting at the South African Broadcasting Corporation (SABC). It also ruled that the evidence in the report was inadmissible. It said it would release the reasons for its findings in due course. - Business Day website

Statements and Speeches

27 October 2007
Address by the Minister of Education, Naledi Pandor MP, at a workshop for principals, Johannesburg

27 October 2007
The South African Police Service (SAPS) has a strategic plan to fight crime in South Africa

26 October 2007
Remarks by KwaZulu-Natal Premier, Sibusiso Ndebele, during the opening of the Magistrate Court in Madadeni Township, Newcastle

24 October 2007
Hoax e-mail : Closure of the "Child Protection Units", cases of kidnapping, rape, HIV/AIDS, etc

23 October 2007
Sector charters Black Economic Empowerment (BEE) deal

23 October 2007
The State versus Zille and others

Zille not to be charged for antidrug march - 24 October
Mayor Helen Zille will not be charged for heading an antidrug march in Mitchells Plain following her arrest by police for "knocking on the door" of an alleged drug dealer, as well as another "mystery" charge for marching to Parliament two months earlier. Advocate Rodney de Kock, director of public prosecutions of the Cape of Good Hope, said yesterday he had declined to prosecute in all cases involving Zille, as well as the arrest of 10 other members of the People's Anti-Drug and Liquor Action Committee (Padlac), for contravening the conditions of a march ; attending an illegal gathering opposite the Mitchells Plain police station following the arrest of Imam Maker "for stopping at the door" of an alleged drug dealer ; and interfering with the police. - allAfrica website

22 October 2007
Mid-term review remarks by Premier Sibusiso Ndebele delivered at the sitting of the KwaZulu-Natal legislature at Vryheid

21 October 2007
Address by Finance Minister, Trevor Manuel to the 25th Anniversary of Institute of International Finance (IIF) meeting held in Washington DC

14 October 2007
Statement by Department of Defence Headquarters : second update on the fatal accident during exercise Seboka

7 August 2007
Address by KwaZulu-Natal (KZN) MEC for Finance and Economic Development Dr Zweli Mkhize, at a breakfast meeting event of the KZN Growth Coalition, Durban

Committee Minutes

Transport Portfolio Committee
* * * Subscription required * * *

17 October 2007
Road Accident Fund Annual Report 2006/7 : Briefing

see also Road Accident Fund Amendment Act below

Draft Astronomy Geographic Advantage Bill

Bill to help clear skies for stargazers - 24 October
An interesting bill, the Draft Astronomy Geographic Advantage Bill, has been released for public comment. The science and technology department has indicated that the bill will be introduced to Parliament this year. The bill aims to provide for the preservation and protection of a re a s in SA uniquely suited for optical and radio astronomy and to provide for intergovernmental co-operation and public consultation on matters concerning nationally significant astronomy advantage areas. - Article by Adam Gunn of Edward Nathan Sonnenbergs on the Mondaq website
* * * Free subscription required * * *

Broadband Infraco Bill

17 October 2007
Parliament approves Broadband Infraco Bill
SA Government Information website

Children's Amendment Bill

Proposed spanking law dropped - 26 October
The controversial clause in the Children's Amendment Bill, which allowed for parents to be fined R300 for spanking their children, has been removed. This week the parliamentary portfolio committee on social development agreed to remove Section 139 from the Bill after the ANC caucus moved to block the Bill being approved last week. It has been reported that the caucus felt the clause was not in tune with public opinion on the matter. - Mail & Guardian website

MPs spare the Bill rather than spoil the child - 24 October
After months of agonising debate, the controversial section banning all corporal punishment of children by their parents has been whipped out of the Children's Amendment Bill. At a meeting of Parliament's social development committee yesterday, all political parties agreed to drop what has been dubbed the spanking clause.- allAfrica website

Child Welfare suggests parenting courses - 18 October
Child Welfare South Africa has encouraged its members and organisations to develop parenting courses to equip parents to discipline their children, without resorting to physical force. National Executive Director for Child Welfare South Africa, Ashley Theron, said there were other ways to discipline a child without the use of physical force, adding that many organisations were already presenting courses to show parents other options. This comes as public and Parliamentary discussions are underway regarding the draft Children's Amendment Bill which proposes banning corporal punishment in the home. Corporal punishment of children in places of safety, is already banned, as well as in educational, judicial and other institutions. - BuaNews Online website

Consumer Protection Bill

Entrenching consumer rights - 15 October
Freshly-buoyed by the National Credit Act, customer rights can anticipate even greater salvo in their fight against unscrupulous business practices when the Consumer Protection Bill comes into play next June. Considered two sides of the same coin, the new legislations aim to prevent consumer exploitation either via unmanageably-high levels of debt or by dubious trading practices that impact on spending patterns and purchases or endanger lives. When enacted, the Act will apply across the board from suppliers to advertisers and consumers and will only exclude employment contracts and credit agreements. "Essentially, this is a Bill of Rights for consumers, meaning it is an improved tool for enforcing the rights that existed previously, but were never properly enforced. It gives life to consumers' rights". Shepstone & Wylie commercial department attorney Jonathan Maphosa says. - Moneyweb website

Films and Publication Amendment Bill

Parly holds public hearings on new Films Bill - 22 October
Various media organisations including the South African National Editors Forum (SANEF) were able to file their submissions on the Films and Publication Amendment Bill in Parliament last week. This forms part of the public hearings process after the National Assembly approved the Bill designed to streamline processes within the Film and Publication Board (FPB) and provide media content to be incorporated under the FPB. The amended Bill seeks to regulate producing and creating certain publications and providing consumer advice, to enable adults to make informed viewing decisions amongst other things. Currently, the news media is exempted from having to submit content to the FPB for pre-publication scrutiny. - BuaNews Online website

Local Government Laws Amendment Bill

25 October 2007
Debate in National Assembly lead by Ms N Hangana, Deputy Minister for Provincial and Local Government : second reading debate on the Local Government Laws Amendment Bill, 2007
SA Government Information website

25 October 2007
Closing remarks by the Minister of Provincial and Local Government, Sydney Mufamadi, during the second reading debate on the Local Government Laws Amendment Bill of 2007, National Assembly
SA Government Information website

Draft Older Persons Act

23 October 2007
Release of Draft Regulations of Older Persons Act of 2006
SA Government Information website

Draft Revenue Laws Amendment Bill

Planned changes 'in conflict with fake goods laws' - 22 October
Proposed changes to the intellectual property regulatory regime will be in conflict with the existing law relating to the seizure of counterfeit goods, Parliament's finance committee was told on Friday. The South African Institute of Intellectual Property told the committee that proposed amendments to the Customs and Excise Act contained in the Draft Revenue Laws Amendment Bill were in conflict with the Counterfeit Goods Act. The institute represents about 140 patent attorneys, patent agents and trade mark practitioners who represent a range of local and international companies. - allAfrica website

Road Accident Fund Amendment Act

see Parliamentary Monitoring Group above

More notes on the RAF presentation - 24 October
More notes on the appearance before the Parliamentary Portfolio Committee by the CEO of the RAF, Mr Modise, to present their annual report. - Michael de Broglio's blog

South African's claim for injuries when not really injured . . . - 23 October
Further notes and comments on the appearance before the Portfolio Committee of the RAF and its CEO, Mr Modise. - Michael de Broglio's blog

Delay in RAF law 'costs R10m a day' - 22 October
Delays in the promulgation of the Road Accident Fund Amendment Act had cost SA R7bn, or R10m a day, over the past two years, Parliament’s portfolio committee on transport said last week. With more than 400 000 foreign visitors expected to come to SA for the World Cup in 2010, the committee has cautioned that SA, through the Road Accident Fund (RAF), could face huge claims for injuries suffered by foreigners on South African roads if the amendments were not enacted in time. - Business Day website
Keyphrase :
2010 FIFA World Cup

Modise blames Contingency Fees Act - 18 October
Some quick notes on what was saidf this at the Parliamentary proceedings (more to follow) on the road Accident Fund. - Michael de Broglio's blog

News reports on yesterday's meeting - 18 October
The first report I could find on the Portfolio Committee meeting was . . . - Michael de Broglio's blog

No regulations this year - 17 October
The CEO of the RAF appeared before the Parliamentary Committee on Transport today and we are led to believe he said as a result of the court case challenge on the promulgation and then retraction of the incorrent sections of the Act, that the regulations could not be implemented until the Constitutional Court case was heard - which is scheduled for February 2008. - Michael de Broglio's blog

South Africa

Entertainment law : a law unto itself? - 23 October
A lawyer is a lawyer is a lawyer, except when he or she is an entertainment lawyer. That's what Charl Groenewald, entertainment lawyer and author of author of The Laws of Movie-Making told members of the Black Lawyers' Association (BLA) at seminars held recently in Cape Town and East London. According to Groenewald, there are no clear guidelines of what an entertainment lawyer does. He or she could be an attorney who specialises in commercial law as it pertains to film, television and music and thus focuses on contracts with broadcasters, producers and artists, as well as the law of copyright and intellectual property. Others regard an entertainment lawyer as someone who is concerned with the law of freedom of speech and expression. And then there are "entertainment lawyers" who simply handle the divorces of famous entertainers. - allAfrica website

"Ellison Kahn passed away suddenly last Saturday 13 October 2007. The funeral was yesterday (18th) and there is a memorial service today, Friday 19th October, at Wits University"

Source : OSALL

Canada

Court fetes 100 year sentence - 22 October
Dignitaries filled a Wetaskiwin courtroom to the brim with public servants and court staff. The address by Chief Justice Allan Wachowich marked the 100th birthday of the Court of Queen's Bench and the Law Society of Alberta. - Wetaskiwin website

United Kingdom

Legal Services Bill prepares for Royal Assent - 26 October
The Government's controversial Legal Services Bill is on the brink of becoming law after the long-awaited legislation finally passed through Parliament this week. The Bill completed the penultimate hurdle before its official enactment yesterday (29 October) and will receive Royal Assent next week. - legalweek website

Solicitors Regulation Authority : we are not institutionally racist - 24 October
The chief executive of the SRA says it is determined to understand why certain groups figure more highly in some areas of regulation. During the past week we have found ourselves in the firing line. Media reports have suggested that a majority of those we investigate are black or ethnic minority solicitors and we are in denial about the possibility that we are institutionally racist. Neither of these allegations is true but there are complex and serious issues to do with regulation and race that the Solicitors Regulation Authority (SRA) are tackling. - Times Online website

Will lawyers exist in 100 years? Join the debate - 23 October
In a new book (to be published next year by Oxford University Press) Richard Susskind argues that lawyers and the legal profession in their present shape face extinction – or at least are "on the brink of fundamental transformation". He sees a future, as he puts it, when "conventional legal advisers will be much less prominent in society than today, and, in some walks of life, will have no visibility at all". - The Times website

Banking

SA banks lack on internal audit - 29 October
A benchmarking survey of internal audit activities has found that on most measures South Africa's four major banks do not compare favourably with their global peers. For instance, say the authors Ernst & Young, the global benchmark for large banks' Internal Audit cost to turnover is a mere 0.06%, in comparison with 0.368% locally. Similarly, the global benchmark for assets per Internal Auditor stands at R11.6bn, compared with R3.56bn for South African banks. On the other hand, Ernst & Young point out, in terms of the average cost per Internal Audit employee, South Africa stacks more favourably, with one bank ahead of the global benchmark, and the other three banks not excessively above the global average. - Fin24 website

Business

'Critical' that rule-breaking entrepreneurs are jailed, says ex-Harmony CEO Swanepoel - 26 October
South Africa had reached a critical point at which emphasis needed to be placed on jailing business people who broke the rules, former Harmony Gold CEO Bernard Swanepoel said on Friday. In his first public appearance since his shock resignation, Swanepoel drew attention to an incidence of rule-breaking Harmony share manipulation, which had gone unpunished seven years ago, even though the identity of the perpetrator had been widely known at the time. That had left the impression that entrepreneurs and clever business people could get away with rule breaking in South Africa, but it was now critical that that impression be corrected. - Creamer Media's Mining Weekly website

Company Law

Amalgamations : a new concept - 28 October
The draft Companies Bill contemplates the introduction of a new concept into the South African law of mergers and acquisitions, namely amalgamations. Although one has always spoken about mergers and acquisitions, the reality is that South African law did not ever permit a merger in the true sense of the word but rather dealt only in acquisitions. - Article by Kevin R Cron of Deneys Reitz Attorneys on the Mondaq website
* * * Free registration required * * *

Criminal Justice System

MPs told 70 percent of country's criminal cases fall apart - 25 October
Startled MPs heard yesterday that about 70% of the criminal cases on the rolls of the country's courts never come to trial. Justice department director-general Menzi Simelane told Parliament's justice committee that of the 1055971 cases that were enrolled for appearance in court, 720354 were removed from the courts' rolls. The reasons were lack of evidence, lost dockets, cases being withdrawn or transferred, cases being struck from the roll by judicial officers and the failure of accused people to attend court proceedings. While the various branches of courts, from magistrates' to the high court, claim conviction rates of 70%-80%, the fact that only about 30% of all cases get to trial brings into question whether the criminal justice system is winning the fight against crime. - allAfrica website

Education

23 October 2007
Minister Pandor surprised by South African Democratic Teachers Union (SADTU) rejection of the occupation-specific dispensation for teachers
SA Government Information website

Environment

Cyanide spill : at least 10 000 evacuated - 26 October
Police have confirmed that between 10 000 and 15 000 people have been evacuated from Rensburg, after a sodium cyanide spill on the N3 on Friday morning. Rensburg is downwind from where a truck carrying a load of sodium cyanide overturned, according to Heidelberg policeman, Captain Lourens Hirschhorn. "At this stage it's the only suburb. We're crossing our fingers that the wind doesn't change direction". - News24 website

500 evacuated after cyanide spill on N3 - 26 October
About 500 people have been evacuated after a truck overturned, spilling its load of sodium cyanide on the N3 near Heidelberg. The truck, en route to Johannesburg, overturned halfway between the Balfour and Nigel off-ramps on the N3 highway on Friday morning. - News24 website

Bluff gets tough - 25 October
Hundreds of Bluff residents who believe their health was threatened by poisonous fumes from the recent harbour fire are preparing to launch a massive class action lawsuit against owners of the chemical storage site. There is still a great deal of anger in the community about the recent Island View Storage (IVS) fire and the release of clouds of noxious smoke that blanketed the suburb. - IOL website

Human rights lawyer opposes dune mining - 23 October
Celebrated human rights lawyer Richard Spoor has fired off a broadside to the department of minerals and energy (DME), calling on it to prove that the licence issued to Australian company MRC to prospect in Pondoland's Xolobeni dunes does not violate an existing Wild Coast conservation decree. In a letter sent to the department on behalf of the Sustaining the Wild Coast (SWC) public participation and environmental coalition, Spoor said unless the department could prove there was no violation of existing law – it should dismiss MRC's application to mine the area. - The Herald Online website

Playing poker with Pondoland
Getaway magazine - 2007, November, p.19

Green Scorpions shut down ArcelorMittal operations - 23 October
The Green Scorpions have shut down ArcelorMittal operations at its Vaal waste site over its dumping of hazardous waste and air and water pollution, it was announced on Tuesday. The move followed numerous "futile attempts" at getting the steel company to clean up its act, Gauteng's department of agriculture, conservation and environment said in a statement. - Creamer Media's Engineering News website

Business failing to seize opportunities in greenhouse-gas abatement - 19 October
Whether you believe that carbon dioxide-induced climate change is a real threat or not is irrelevant. The fact is that the issue is high on the agenda of politicians and those responsible for drawing up regulation, which means the drive to reduce emissions will affect you and your business. Proposed regulation comes from the increasingly accepted scientific point of departure which states that the earth is definitely warming as a result of increasing carbon dioxide flows and stocks arising directly from human activity. - Creamer Media's Engineering News website

Finance

How green is my Budget? - 28 October
The only green reference in the Budget was Finance Minister Trevor Manuel bemoaning the fact that it did not contain a pro-environment stance. He indicated that he was looking for his colleagues in the department of environmental affairs and tourism to play the lead role and promised that the next Budget would include a green component. Since then a number of departments, including treasury, environmental affairs and tourism, minerals and energy, agriculture, water affairs and the department of trade and industry have been putting their collective minds together to produce what is expected to be the country's first green Budget, to be tabled in February next year. - Mail & Guardian website

Human Rights

'Human trafficking a serious problem in SA' - 12 October
Human trafficking is not only a problem abroad, but also poses a serious challenge in South Africa. That is according to Marie Martinez, a specialist from the United States Department of Homeland Security's Immigration and Customs Enforcement. On Thursday, Martinez addressed the legal fraternity in Pietermaritzburg on the "Impact of Human Trafficking on the Children's Court and Criminal Proceedings". - IOL website

Insurance

Public snub insurance hearings - 28 October
The country's two biggest consumer bodies and the public have snubbed hearings into unscrupulous credit life cover practices. The National Consumer Forum (NCF) and the SA National Consumer Union (Sancu) were absent from the hearings this week. The panel, chaired by the retired ombudsman for long-term insurance, Judge Peet Nienaber, has just concluded four days of hearings in Johannesburg and Cape Town. Anna Rosenberg, the Life Offices' Association (LOA) deputy executive in charge of legal and policy unit, said "an extensive advertising campaign inviting all interested parties to make submissions to the panel" had been conducted. The inquiry follows media reports that some companies were contravening the commission and remuneration regulations of the Long-term Insurance Act and LOA code of conduct. - Fin24 website

Intellectual Property and Trademarks

S Africa court to hear Gap trademark appeal - 24 October
US clothing retailer Gap Inc. will go back to court in South Africa this week in the latest move in an eight-year battle with a local firm over the rights to its trademark. Gap, which is embroiled in a dispute over rights to the "Gap" trademark in South Africa with Salt of the Earth Creations (SOTEC), is appealing a previous court ruling that prevented the US retailer from using that trademark. - Reuters website

Judicial Service Commission

Joburg Bar split in bitter row over Hlophe - 28 October
The controversy around embattled Cape Judge President John Hlophe has threatened the unity of the country's largest and most influential association of advocates. On Thursday, half the members of the Johannesburg Bar Council resigned their positions and boycotted that day's annual meeting. They are all members of the pressure group Advocates for Transformation. - The Times website

The judge whose middle name is controversy - 28 October
Following weeks of controversy, during which he was asked to resign by former Judge Johann Kriegler and lawyers, one would have expected Cape High Court Judge President John Mandlakayise Hlophe to be a worried man. Not so. - The Times website

Secrets and shadows turn Hlophe debate sour - 24 October
The finding of the Judicial Service Commission (JSC) in the complaint against Western Cape Judge President John Hlophe, and the decision not to impeach him, have attracted heated public debate, led by individuals and groups in the legal profession and academia. - Business Day website

Call for better complaint mechanism for judges - 23 October
The Ministry of Justice needs to speed up the formation of an appropriate complaints mechanism dealing with judges, the National Association of Democratic Lawyers (Nadel) said on Tuesday. This follows the controversy surrounding Cape Judge President John Hlophe. The complaints mechanism should cover procedure to be followed and appropriate sanction in case of adverse findings. - Mail & Guardian website

JSC breaks silence on Hlophe decision - 19 October
The Judicial Service Commission has broken its silence on its decision not to send complaints of misconduct against Cape Judge President John Hlophe to a formal public hearing. Its decision stemmed from a lack of evidence to "constitute prima facie proof of gross misconduct", but this did not mean Hlophe was exonerated, it said in a statement yesterday. The commission was criticised for "lack of transparency" after announcing its decision earlier this month. - IOL website

Kriegler hits out at 'weak' Cape Bar council - 12 October
Retired Judge Johann Kriegler has waded into the Cape Bar Council for not taking a stronger stand over Cape Judge President John Hlophe's "unethical" and "damaging behaviour". Kriegler said the Cape Bar Council's statement criticising the Judicial Service Commission's lack of transparency - while saying nothing about embattled Hlophe's conduct - had been too weak. The advocates did not have to be obnoxious, but had a moral and professional obligation to be forthright and morally courageous, he said. He rebuked them for not having taken a stand years ago. - IOL website

Lowering our Bar - 12 October
South Africans stand back and passively watch the gravity-defying drop in public standards at our peril. - Mail & Guardian website

A crisis of accountability: the longer-term consequences of the Hlophe debacle - 12 October
Helen Zille's blog

Judiciary

Hlophe urges speedy transformation of judiciary - 20 October
Cape Judge President John Hlophe says transformation in the judiciary should be speeded up. He says new judges who are appointed must be those who are committed to the new values enshrined in the constitution. Judge Hlophe has been speaking at the 30th anniversary celebrations of the Black Lawyers Association in East London. He also wants the various African legal systems that were not recognised under apartheid to be integrated into current laws. Hlophe said the South African law is incomplete without its rich African heritage. - SABC News website

Labour Issues

Govt fails to create jobs despite growth : DA - 22 October
The DA has accused the government of pursuing inappropriate policies to create jobs and drive economic growth. It is unhappy about import quotas on certain textile and clothing items, the centralised implementation of minimum wages and tax measures - which the party says do not encourage employment. - SABC News website

Land Affairs and Property

Land director accused of disrespect - 24 October
South Africa's Parliament has accused land affairs director general, Glen Thomas of undermining legislators after he was spotted on TV commenting in France on the Springboks' victory over England on Saturday night and had subsequently missed his flight back home. MPs on the portfolio committee on agriculture and land affairs are now demanding strong action to be taken against Thomas for undermining parliament. Thomas was meant to have briefed the committee about the reasons which led to his department receiving a qualified audit from the auditor general. Also under fire was Premier Soccer League boss, Irvin Khoza who also went to France instead of Cape Town to account for his organisation. - Africa News website

Increased life expectancy changes ownership-type - 22 October
A number of socio-economic factors have driven the traditional model of retirement to change drastically over the last decade and retirement village developers are following suit to accommodate the changing needs of retirees. "People remain socially and economically active much longer than a couple of decades back and therefore it has become increasingly important to develop places of retirement which fulfil the needs of both socially active retirees as well as those in need of physical care," says Jaco Rademeyer of Jaco Rademeyer Estates in Port Elizabeth. - Rodney Hayter website

Development

R18m for V&A apartment - 25 October
Juliette 702, a 416m² penthouse at the V & A Waterfront, was recently sold by Nafeesa Mohamed of Fine & Country V&A Waterfront for R18.25 million. This is the highest amount ever achieved for this type of penthouse in the Marina and it was sold within just four weeks of being listed. There are two sides to the Marina - the Bluff side which is mountain and canal facing and the Marina side which faces onto the marina. This particular apartment is on the Bluff side and its sale price is also the highest amount paid for a property in this particular section. The main attraction to the buyer was the wraparound terrace which has the most amazing view of Table Mountain. The heated pool on the terrace overlooks the canal and the Marina. – Cape Business News website

District Six trust hits back at developer - 23 October
The District Six Beneficiary Trust has hit back at its critics, saying it will hold itself accountable to its members at an annual meeting in January, but would not respond to demands by a private developer to hold itself publicly accountable. "We reject (Aquacor's) demands with the contempt it deserves," the trust said. Last week, Arthur Quinton of Aquacor, developer of the Red Brick Building planned for District Six, said the trust was criticising the development to draw attention away from its "abysmal performance". - IOL website

Cape Town's progress with sale of its property – 12 October
According to Councillor Simon Grindrod, the Mayoral Committee Member for Economic, Social Development and Tourism : "Properties that support the City's strategic objectives of infrastructure led economic growth and job creation have been identified by the City's Property Management Department and prioritized. One of the key criteria is that the properties have a positive economic impact on areas where economic growth is much needed, especially the previously marginalised areas". – Cape Business News website

Foreign Ownership Policy

News briefs - 29 October
Amid stiff opposition to its report on foreign land ownership, the government has extended the deadline for public comment by a month. It has cited food security, land reform and effective service delivery as some reasons for restricting such ownership. - The Star website

Land Claims

It cost R1 to buy the land for a R1bn stadium - 21 October
Mpumalanga's R1-billion 2010 World Cup stadium is being built on land that was illegally "bought" from a group of impoverished land claimants for R1. The Mbombela municipality this week formally declared the agreement signed between Differ Mogale, the council's 2010 co-ordinator, and the Matsafeni Trust null and void. This was because Mogale apparently had no authority to conclude the deal. - IOL website
Keyphrase :
2010 FIFA World Cup

Kruger threatened by land claim - 19 October
Communities claiming a large slice of the northern Kruger National Park (KNP) want full title to their land without any developmental restrictions. The land would remain part of the world-renowned wildlife reserve, says the Limpopo Land Claims Commission. Negotiations over this proposed settlement of the second-largest land claim in the Kruger could set a precedent for claims by communities dispossessed during apartheid. - Mail & Guardian website

Challenges remain for Land Restitution - 12 October
As the deadline for the settlement of all land claims looms, the Commission on the Restitution of Land Rights has highlighted some of the challenges the commission is still facing. Speaking on the commission's progress to date at a quarterly restitution briefing on Friday, Chief Land Claims Commissioner Thozi Gwanya said it was likely that some of the land claims which were lodged before the December 1998 deadline would not be settled in time. He said between two and four percent of the 79 696 claims lodged would not be finalised. - BuaNews Online website

Land Commission settles 93% of claims - 12 October
By August this year, the Land Claims Commission, had settled 93 percent of claims lodged by claimants before the 31 December 1998 deadline. This represents a settlement of 74 559 of the 79 696 claims lodged. The figures were released at a Quarterly Restitution briefing, Friday, held to update the public on the progress of the Commission on the Restitution of Land Rights. - BuaNews Online website

Minerals and Energy

Etruscan enters the diamond fray in South Africa - 29 October
Canadian mining company, Etruscan is gearing up to be a major diamond producer in the Ventersdorp Alluvial Diamond District about 150 km west of Johannesburg in South Africa. The company is to list its newly created subsidiary, Etruscan Diamonds Limited on the Toronto Stock Exchange and the Johannesburg Stock Exchange soon, following a pre-IPO private placement financing of C$11 million in March this year. Anthony Hayes, Etruscan's director of investor relations on Friday said "Etruscan Diamonds is the path to unlock the diamond asset value" on properties being acquired by the company along the 5 000 square km diamond belt that has never been commercially exploited, although it has a known production of 667 000 carats from 1926 to 1984. Hayes, who was speaking in Toronto at a seminar on mining investment in Africa, said Etruscan intends to "establish a dominant land position" in Ventersdorp. - The Southern African website

Coega picked from four rivals for refinery - 26 October
Coega slugged it out against four other top sites in South Africa to emerge as the winner of the fight to be named the planned home of PetroSA's R39-billion oil refinery. The behind-the-scenes struggle for the massive investment was revealed this week by PetroSA chief executive Sipho Mkhize when he announced "Project Mthombo", symbolising a fountain from which prosperity will grow. Mkhize said Coega had been chosen as the preferred site after a "thorough" investigation of five sites. The others were Durban, Richards Bay, Newcastle and Saldanha. A PetroSA official said Saldanha had been neck-and-neck with Coega, but Coega had won out at the end of the day. - The Herald Online website

Pollution risks of refinery must be probed, say environmentalists - 26 October
Environmental groups say the threat of major marine and air pollution and the wider issue of South Africa‘s development agenda must be thoroughly probed when assessing the benefits of the proposed R39-billion Coega oil refinery. Wildlife and Environment Society spokesman Morgan Griffiths said a full environmental impact assessment (EIA) should precede any decision on the project and all alternatives should be explored. - The Herald Online website

Union wants rules to force miners to report deaths - 22 October
Trade union Solidarity is seeking to have rules introduced forcing JSE-listed companies to report work-related deaths within six hours of occurrence, a spokesperson said on Monday. This came after what another union said was a "genocide" unfolded around South African mines, with nearly a dozen workers dying over the past month. - Creamer Media's Mining Weekly website

Municipal Management and Procedure

Urban balancing act set to become even more tricky - 24 October
Do cities matter? It is a question that is high on the global agenda right now because next year, for the first time, more than half the world's people will live in urban areas. It's high on the local agenda too, because cities account for two-thirds of SA's economic activity - and house about 40% of its poor people. That makes for a challenging environment for the cities. But a new report finds that they are under threat as never before, with their financial ability to address their challenges set to be undermined by a range of policy changes the government plans to implement, or has implemented already. The abolition of the regional services council (RSC) levies last year removed a tax that was important for the cities, and it is not clear when, or with what, it will be replaced. Then the cities stand to lose about a third of their revenue base if the controversial regional electricity distributors (REDs) take over municipal distribution. Added to that is the danger that they will lose skilled and committed managers if the government goes ahead with plans for a single public service. - allAfrica website

Housing backlog : SA needs to pick up the pace - 24 October
Cape Town and the country's eight other biggest municipalities are unlikely to make serious inroads into their housing backlogs in the foreseeable future, says a new survey. With 350 000 households waiting for houses, Cape Town has the biggest backlog to overcome, but this will probably not be achieved at the current rate within this generation. This is according to the State of the Cities Finance Report 2006, launched in Cape Town on Tuesday night, which noted that a quarter of the residents living in the country's metros were in need of housing and service delivery. With the exception of the Nelson Mandela Bay (Port Elizabeth area) municipality, which estimated a housing backlog of 80 000 which it could clear in eight years, the housing programmes of the other municipalities would probably not solve the housing crisis in this generation. Johannesburg and eThekwini (Durban area) followed Cape Town as the cities with the second-highest housing backlog 250 000 each. - IOL website

'City of Cape Town worst financial performer' - 23 October
The beleaguered N2 Gateway project has led to the City of Cape Town emerging as the worst financial performer of the country's nine main metro municipalities during 2006. This is according to a new report released on Tuesday by the South African Cities Network (SACN) entitled the State of the City's Finances Report 2007. According to the report the Msunduzi Municipality performed the best during 2006 - overspending on its budget, with actual spending registering 127 percent, followed by Johannesburg with 98 percent and Mangaung at 91 percent and Nelson Mandela Bay at 81 percent. - IOL website

Johannesburg

City's new General Valuation Roll - 26 October
The City has just completed the draft General Valuation Roll where, for the first time, property will be valued according to its market value. In the past, property was valued according to land value. The draft roll will be available for public inspection from Monday, 29 October, according to the City's director of valuation services, Werner Sarvari. - Official website of the City of Johannesburg

Msundusi

Warning over capital becoming city of junk - 24 October
A lack of vehicles combined with shortages of staff and skills has resulted in refuse lying uncollected for hours in many parts of Pietermaritzburg, threatening to make it the capital city of junk. That was the blunt message to Msunduzi councillors on the community services and equity committee on Tuesday when they conducted site visits to the city's fleet management depot and landfill site. - IOL website

National Prosecuting Authority

23 October 2007
Department of Justice and Constitutional Development responds on the Johannesburg Bar Council's statement
SA Government Information website

Selebi panel named - 12 October
The names of the panel expected to review the case against National Police Commissioner Jackie Selebi was released on Friday. The Acting National Director of Public Prosecutions, Advocate Moktedi Mpshe said the panel would be made up of Frank Dutton, Advocate Mbuyiseli Madlanga, Peter Goss and Advocate Shamila Batohi. "The panel was chosen on the basis of expertise they will bring to the process," Mpshe said. - News24 website

Sports and Recreation

Public response to Boks even shocks top official - 29 October
Thousands turned out to see the rugby world champions hold their victorious ticker-tape parade through Durban yesterday. But the public response – some people even slept in the street in Durban to get the best view of them – surprised SA rugby boss Oregan Hoskins. "I didn't realise that the masses had embraced the Bok team – I am overwhelmed," he admitted. Hoskins said it was unlikely that the team would change its name. "They (the Springboks) are ours. They are South Africans. Nobody must forget that. I'm not aware of any move to change the team's name. It’s a winning brand. The whole nation has embraced it". - Daily Dispatch website

Statistics

StatsSA publications released 24 October 2007

Community Survey 2007 : Basic results

Community Survey 2007 - The RDP Commitment - What South Africans Say?

P0301 - Community Survey, 2007

Report-03-01-20 - Community Survey 2007 - Methodology, Processes and Highlights of Key results

Population increases by 8 million - 24 October
South Africa's population is estimated to have grown by eight million over the past 10 years and progress has been made in improving basic services, according to the 2007 Community Survey. According to the survey, conducted by Statistics South Africa (Stats SA) countrywide, there has been an 8.2 percent increase the country's population which now stands at 48.5 million. - allAfrica website

CPIX data 'much higher than expected' - 24 October
The increase in South Africa's CPIX (consumer inflation less mortgage costs) for metro and other areas, which is used by the South African Reserve Bank for its inflation target, was up 6,7% year-on-year (y/y) in September from 6,3% y/y in August, Statistics South Africa (Stats SA) said on Wednesday. CPIX was up 0,7% month-on-month (m/m) after it increased 0,3% m/m in August. - Mail & Guardian website

Bonds rattled by poor CPI data - 24 October
South African bonds were weaker by midday on Wednesday following worse-than-expected consumer inflation data which raised worries over interest rates. - The Times website

Trade and Industry

DA calls for review of trade laws - 23 October
The Democratic Alliance (DA) wants a review of regulatory trade laws, claiming they are a brake on job creation and economic growth. DA spokesperson on trade and industry Dr Pierre Rabie made his call at a media briefing on Monday. Referring to a Doing Business 2008 survey, conducted by the World Bank as a yardstick to measure South Africa's economic performance, Rabie said the country was under performing in four key areas. These included the ease with which SA imported and exported products, people could be employed, business properties were registered and tax regulations, he said. - IOL website

Transport

Drunk drivers may get heavier sentences - 24 October
Negotiations with the law enforcement agencies are currently underway to impose heavier sentences on those who drive under the influence of alcohol. The Department of Transport's Director General Mpumi Mpofu made this announcement at launch of the 2007 Safer Taxi Campaign on Tuesday. - BuaNews Online website

Red tape to choke Durban port - 21 October
Restrictions and onerous regulations forced on South Africa by the United States as part of the "war on terror" could bury Durban harbour and associated businesses under oceans of red tape. The implications of the proposed changes to the National Ports Act have been analysed and experts warn that the logistical nightmare for those businesses tied to the port and for the harbour itself - the busiest in Africa - could have serious financial implications. It could also increase the cost of doing business in South Africa and affect investment. - IOL website

Water Affairs and Forestry

Umgeni Water turnaround plan shows results - 22 October
Umgeni Water, SA's second-largest water utility after Rand Water, has reached a significant milestone in its turnaround strategy. The company's annual report for the year to June, released in Durban on Friday, shows that for the first time in several years the company is out of accumulated loss territory, with a retained surplus of R160m for the year. The R3bn utility has struggled with a legacy of accumulated debt since the late 1990s. However, over the last year it managed to reduce debt by 22% (R268m), from about R1, 9bn to R1,65bn. - allAfrica website

Western Cape

Provincial government admits to wrong doing - 24 October
The African National Congress (ANC) provincial government has admitted that in purchasing an Atlantis clothing factory for about R10-million and later selling it at a loss of almost R3,5-million to associates of the party, it contravened the Public Finance Management Act. Environment, Planning and Economic Development MEC Tasneem Essop said she had taken a political decision to save jobs. The provincial standing committee on public accounts (Scopa) scrutinised the annual report of Wesgro, in particular the auditor-general's comments on failure to comply with the act regarding the purchase and sale of WCP Garment Manufacturing, better known as Novell. "The auditor-general is correct," Essop said. "We did not go out on an open tender bid. What we did was go through an unusual bidding process". - IOL website

Miscellaneous

The comeback kid - 28 October
David Dison was once a hot lawyer with millions in the bank, but it all ended when he was struck off the roll. Nechama Brodie talks to him about his new book and eating humble pie. - The Times website
Keyphrase :
Death in the New Republic [Published by Jacana. R145]

Disbarred US lawyer given top legal job at UCT - 23 October
A senior official with legal responsibilities at the University of Cape Town had been suspended from the practice of law in the United States for eighteen months before taking up his job at the university. Dr Paul Ngobeni took up the position of deputy registrar (legal services and secretariat) at UCT in September this year. He was suspended from legal practice in Connecticut in late 2005, and continues to face a series of misconduct and criminal charges in that state. Ngobeni left South Africa on a scholarship to study in the United States in 1982. A graduate of New York University he was admitted to the Connecticut bar in 1989 and ran a private law practice in that state from 1996 to 2006. He moved back to South Africa in August this year and took up his position at UCT the following month. - Politics web website

Thieves take lawn into their own hands - 23 October
A KwaZulu-Natal golf course is offering a reward of R5 000 for information leading to the arrest of the culprits who stole grass from the club's 15th green, it was reported here. - Cape Times website

Cave clue to 'first beachcombers' - 17 October
The waste from shellfish dinners discarded in a South African cave is said to be the earliest evidence of humans living and thriving by the sea. The material was found by scientists working in a sandstone opening at Pinnacle Point on the Cape. Researchers tell the journal Nature the remains were buried in sediments. - BBC News website

Chad

French held over Chad 'adoptions' - 26 October
Nine French citizens have been arrested in Chad, accused of making an unauthorised attempt to fly more than 100 children out of the country. They include the head of a group called Zoe's Ark that had said it wanted to bring children from Sudan's Darfur region for adoption in France. A Paris court has launched a criminal investigation. - BBC News website

Congo

Congo warlord apepars before ICC - 22 October
Congolese warlord Germain Katanga has appeared before the International Criminal Court in the Hague - only the second suspect to do so. Mr Katanga is accused of murder, sexual enslavement and forcing children to fight as soldiers in the Ituri region of the Democratic Republic of Congo. The Forces for Patriotic Resistance (FRPI) leader is the second Congolese warlord to be sent to The Hague. - BBC News website

Malawi

News release from the Southern Africa Litigation Centre (SALC)

23 October 2007

Human rights advocates request African Commission to make special visit to prisons in Malawi

Citing the well documented history of appalling prison conditions in Malawi, the Southern Africa Litigation Centre (SALC) has written to the African Commission for Human and Peoples' Rights to request a visit to Malawi prisons by the Special Rapporteur for Prisons and Conditions of Detention in Africa, according to Nicole Fritz, Executive Director of SALC.

The Centre requests that the Commission take up the matter at its meeting scheduled for Republic of Congo – Brazzaville between 14 to 28 November, 2007.    The letter points to press reports and to severely critical official reports by the Malawi Inspectorate of Prisons, a constitutional agency composed of judicial officers, prison officials and the Ombudsman of Malawi. 

SALC's letter cites reliable reports of extreme overcrowding, inadequate diet, shortage of clothing and blankets, lengthy detention without trial, sexual assaults on juveniles and deficiencies in sanitation and health care. 

Fritz said : "Despite the most terrible overcrowding in Malawian prison, where it is not uncommon for detainees to spend more than five years in detention without ever being brought before a court and convicted, the Malawian government is insistent that it will not carry out any further homicide trials until it receives outside funding to do so. In these circumstances fairly extraordinary measures need to be initiated in order to bring some relief to Malawi's prison population".

Contact :
Nicole Fritz SALC Director
082-452 3909
011-403 3414

Prepared by : FD Beachhead

Mozambique

Mozambique ex-leader wins prize - 22 October
Former Mozambique President Joaquim Chissano has won the first Mo Ibrahim prize rewarding a retired African head of state for excellence in leadership. Mr Chissano is credited with bringing peace to Mozambique. The prize, announced by former UN head Kofi Annan, is worth $5m (£2.5m) over 10 years, and then $200 000 a year. Mobile phone millionaire Mo Ibrahim is funding the project in the hope it will help improve governments' performance. - BBC News website

Zimbabwe

Shipping association to hold annual meeting - 24 October
The Shipping and Forwarding Agents' Association of Zimbabwe said yesterday it will hold its 2007 annual conference and general meeting in Harare next week. Topical issues to be discussed during the one-day conference set for November 2 will include the Comesa One-Stop Border Post Concept and the general state of the freight industry, among other issues. - allAfrica website

India

Indian landless marchers halted - 29 October
Police in the Indian capital Delhi, have prevented tens of thousands of landless farmers and indigenous people from marching to protest at parliament. Some of the landless have been on a month-long protest to demand land reform and ownership rights laws. The protesters, mostly low-caste tenant farmers and landless indigenous people, say they have been left behind by India's economic boom. - BBC News website

Malaysia

Acclaimed South African judge to deliver lecture - 22 October
Acclaimed judge of the Constitutional Court of South Africa, Justice Albie Sachs (pic), known for leading the struggle for human rights in South Africa during the apartheid regime, will be delivering the second Tun Hussein Onn Lecture here on Friday. It is learnt that this is a historic occasion for the Malaysian legal circle as this is the first time that a South African judge will be addressing a Malaysian audience. - The Star website

Russia

Life term for 'chessboard' killer - 29 October
A Moscow court has sentenced serial killer Alexander Pichushkin, known to the Russian media as the "Bittsa maniac", to life imprisonment. The Russian shop assistant was found guilty of 48 murders, which he once said he recorded on a chessboard. The jury found there were no mitigating circumstances, and rejected a defence request to clear him of 18 of the killings. The prosecution requested a life sentence. Since 1996 Russia has observed a moratorium on the death penalty. Pichushkin originally said he planned to carry out 64 killings, one for each square on a chessboard. - BBC News website

Australia

Concern at low rate of criminal trial success - 23 October
The Law Society of WA says statistics revealing that less than half of all serious criminal trials last financial year resulted in convictions raise serious concerns about public prosecutors. Society president Maria Saraceni said the statistics in the annual report of the Office of the Director of Public Prosecutions also raised concerns about police investigations, which were heavily relied on by the DPP. The report said the conviction rate in Supreme and District court trials dropped to 48 per cent from 53 per cent the previous year. - The West website

'European Union charter won't trigger German claims in Poland' - 27 October
Poland's adoption of the European Union's Charter of Fundamental Rights will not pave the way for German land claims in the country as argued by Warsaw's outgoing foreign minister, the EU's executive said. - Today's Zaman website

'Volkswagen law' is ruled illegal - 24 October
The European Union's highest court has said a German law protecting carmaker Volkswagen from takeovers is illegal. Under the "Volkswagen Law" any shareholder in VW could not exercise more than 20% of voting rights, even if their stake in the firm was bigger. The European Court of Justice said the law discouraged foreign investors from taking a stake in Volkswagen. Porsche, which owns 31% of VW, declined to say whether it would now move to take control of its compatriot. - BBC News website

EU eyes new priorities after deal - 19 October
European Union leaders say the bloc should turn to new priorities such as globalisation now that they have agreed on a treaty to reform EU institutions. - BBC News website

France

French court blocks return of mummified Maori head - 24 October
A French court stepped in on Wednesday to block the return to New Zealand of the mummified head of a Maori warrior held in a provincial museum since the 19th century. The mayor of Rouen offered to return the tattooed head last week, but the Culture Ministry contested the plan, taking the case to the city's administrative court. The court upheld the ministry's appeal. The ministry is concerned that such offers by individual museums could threaten its control over artifacts from other civilizations, such as ancient Egypt or Peru. In 2002, France agreed to return to South Africa the remains of Saartjie Baartman, a young woman dubbed the 'Hottentot Venus' and paraded as a freak show attraction in the 19th century. - Reuters website

French parliament adopts DNA bill - 23 October
A new immigration bill introducing possible DNA tests for foreigners who want to join relatives in France has been adopted by parliament. The controversial bill was passed in both the country's National Assembly and in the Senate. Supporters say it will speed up the process for genuine applicants and cite similar laws in other European nations. Critics have attacked the law as racist and question the use of genetics as a basis for citizenship. - BBC News website

Italy

Italy investigates pasta makers - 23 October
Italian authorities have opened an investigation into pasta manufacturers over alleged price fixing. Italy's regulator said it would examine the practices of Italian pasta manufacturers to see whether they were uncompetitive. The probe follows a warning from the federation in July that pasta prices would surge by 20% by the autumn. High wheat prices were blamed for the sharp rise, but consumer groups accused pasta makers of behaving like a cartel. - BBC News website

Spain

Treasure ship leaves Spanish port - 20 October
A US salvage boat impounded by Spanish authorities in a dispute over sunken treasure has been allowed to leave the port of Algeciras in Spain. The Odyssey Explorer was seized by Spanish police on Tuesday, and taken to Algeciras, where the captain was subsequently arrested for a short time. The dispute follows the discovery in May of shipwreck booty estimated to be worth $500m (£245m). The Spanish government asserts it may have a claim on the treasure. But the US salvage company, Odyssey Marine Exploration says the trove - said to include half a million silver coins and hundreds of gold objects - was found in international waters. - BBC News website

Saudi Arabia

Law of God versus law of man - 11 October
A Saudi surgeon has just pioneered a new, minimally invasive technique for replacing defective heart valves in children as young as three years old. Yet she is not allowed to drive a car. The kingdom produces long-haired devotees of heavy-metal music, junk food and Harley-Davidson motorbikes. It also contributes the lion's share of suicide-bombers in Iraq. It boasts a truly independent judiciary, and its sharpest lawyers carry degrees from the world's top schools. But they practise in a system with few codified laws, run by a coterie of ultra-puritanical judges who believe their rulings, based on their own interpretation of religious texts, represent the will of God. Of all the institutions that perpetuate such contradictions and stop the kingdom from evolving much like other prosperous societies, perhaps the most obstructive is the judiciary. - The Economist website

Cyberlaw

How to protect your contacts book - 21 June
The court in the case between journalist Junior Isles and his former employer PennWell Publishing recognised an important distinction between personal journalistic contacts that are updated and kept separately from those that are used in the course of employment. The disputed contact list had not been exclusively provided to Isles at the start of his employment. It was effectively a hybrid of contacts which he had gathered and maintained himself from material brought with him when he had started his new job and other contacts which were built up during the course of, and for the purposes of, his employment with Pennwell. - Press Gazette website

Penwell Publishing (UK) Ltd v Isles [2007] EWHC 1570 (QB)
A list of contacts maintained on an employer's computer system belonged to the employer even though the list included personal contacts made by the employee prior to joining the employer. - Dechert website

See also :
http://www.lexology.com/library/detail.aspx?g=4c9773dc-3570-4b64-96dd-9cd332cfef35

Health

Nurses to decide on resuscitation - 27 October
Experienced nurses should have the authority to decide if patients should be resuscitated, according to new guidelines to health professionals. Until now only consultants and GPs were allowed to decide on resuscitation. The guidelines were issued by the British Medical Association (BMA), the Royal College of Nursing and the Resuscitation Council. - BBC News website

Alien Tort Claims Act (ATCA)

Apartheid case shock for legal eagles - 22 October
Lawyers from some of the most blue-blooded companies in the world got a nasty shock this week when a US appeal court reversed a decision of a lower court which had dismissed the claims brought by 32700 apartheid victims. Gossip is that the finding was a real shock too for the hot-shot lawyers employed by the group of companies, which includes BP, ExxonMobil, Citigroup, Deutsche Bank, UBS, IBM and General Motors, who apparently advised that the case did not stand a chance. It's worrying for the companies because a fair chunk of change is involved, about $400bn. It's also a slap in the face of SA's government and the US state department, which both oppose the action. - allAfrica website
Keyphrase :
United States. 'Apartheid Case'

The big payback? - 22 October
A tort is an infringement of a right that leads to legal liability. The Tort Act was introduced in 1789 to cover violations during acts of piracy, infringements on the rights of diplomats and violations of safe conduct. The section used by litigators against human rights abuse includes the assertion that American "district courts shall have original jurisdiction of any civil action for a tort only, committed in violation of the law of nations or a treaty of the US". The Act has more recently been used to hold multinational corporations, governments and various armies accountable, in a court of law, for human rights abuses. - Mail & Guardian website

Citigroup, IBM must face $400 billion apartheid suit - 12 October
Citigroup Inc, IBM Corp and dozens of other companies must face a $400 billion lawsuit accusing them of aiding South Africa's former apartheid regime, an appeals court said in a ruling that may make it more costly for US firms to do business overseas. The US Court of Appeals in New York today reversed a lower court ruling and said companies may be liable for "aiding and abetting"' a government's violations of international law. Among the more than 50 defendants in the case are JPMorgan Chase & Co, General Motors Corp, Exxon Mobil Corp, and Credit Suisse Group. - Bloomberg website

Courts

Death call for US womb murderer - 27 October
A US jury has recommended the death penalty for a woman convicted of killing an expectant mother and cutting out her unborn child. - BBC News website

US woman guilty of 'womb theft' - 23 October
Jurors in the US state of Missouri have convicted a woman who strangled an expectant mother and cut the baby from her womb with a kitchen knife in 2004.  After four hours of deliberation, they rejected Lisa Montgomery's plea that she had been delusional when she killed Bobbie Jo Stinnett and stole the baby. Prosecutors are seeking the death penalty for Montgomery, convicted of kidnapping resulting in death. - BBC News website

Cyberlaw

Federal District Court throws out claim against mortgage servicer based on theft of consumer's personal information where need for credit monitoring is only alleged injury - 5 June
A federal court in Ohio granted summary judgment to a mortgage servicer in a case alleging negligence resulting from the theft of a consumer's personal information. In Kahle v Litton Loan Servicing, certain consumer personal information was stolen from the servicer's facilities. Kahle sued the servicer in a putative class action, alleging that he and members of the class would be required to purchase credit monitoring services as a result of the servicer's negligence. - Goodwin Procter website

See also :
Kahle v Litton Loan Servicing, no.1:05 CV 756 (S D Ohio May 16, 2007)

Miscellaneous

Airmen punished for nuclear error - 20 October
The US Air Force has relieved several officers of their commands after a B-52 bomber was mistakenly flown across the US loaded with nuclear-armed missiles. Three colonels, a lieutenant colonel and 66 other personnel were punished following the incident at Minot Air Force Base, North Dakota, on 29 August. - BBC News website

Chile moves to extend Antarctic land claims - 24 October
Chile plans to reopen a naval base in Antarctica, placing it on a potential collision course with Britain. The dilapidated Arturo Prat base on Greenwich Island, which was closed five years ago in a budget cutback, will be reopened early next year, the Chilean government has said. The news comes a week after Britain announced plans to extend its own claims on the icy continent by a further 386 000 sq miles. - Telegraph website

UK looks to make Antarctica claim - 17 October
The UK is looking to claim sovereignty over a large area of the remote seabed off Antarctica. The claim for an area around British Antarctica is one of a number being prepared by the Foreign Office, a spokeswoman said. Even if granted, those rights would not allow Britain to contravene the treaty that prohibits oil and gas tapping under the seabed. - BBC News website

Conservation

Experts bid to help birds of prey - 21 October
Experts from 60 countries have gathered for a conference at Loch Lomond aimed at helping save rare birds of prey. Delegates are trying to develop an international agreement to conserve endangered migratory birds in Europe, Africa and Asia. Eagles, falcons, harriers, kites, buzzards and osprey are among the 77 species of birds that could benefit. - BBC News website

Environment

Global Environment Outlook - 25 October
The fourth report in the Global Environment Outlook (GEO-4) assessment series launched on 25 October provides a comprehensive and authoritative overview of the state of the environment. GEO-4 addresses the key challenges facing our planet, highlights emerging environmental issues that require policy attention and makes recommendations for decision-makers to act. - United Nations Environment Program (UNEP) website

Finance

Banks agree private rescue plan - 21 October
The world's biggest banks have endorsed a private rescue plan to restore the world's financial system to health. The plan also has the backing of the US Treasury, which urged private banks to take measures to restore confidence to fragile credit markets. They have been spooked by the existence of billions of dollars in bad debts from US sub-prime mortgages. Under the plan, the banks would package up their bad debts into a single "superfund" worth about $200bn. - BBC News website

Intellectual Property

World experts discuss intellectual property - 23 October
A conference of the World Intellectual Property Organisation is under way in Cape Town, drawing together local and international government officials, regulators, industry players, academics, practitioners and officials, writes Shaun Benton. Most notable about the current five-day conference is its focus on the developmental agenda when it comes to protection of intellectual property, and the way indigenous knowledge systems can be harnessed by developing countries to further their mutual development. - BuaNews Online website

Lawyering in the International Market
14-18 May 2008
Pilanesburg National Game Reserve, South Africa
Conference Details
Speaker / Moderator Confirmation Form
Request Information

Speakers from Europe, North America, Latin America, and Asia will examine common issues confronting lawyers engaged in crossborder matters : intellectual property, mergers and acquisitions, employment and business immigration, arbitration, litigation and dispute resolution, franchising and licensing, sales, finance and investment, bankruptcy and insolvency, taxation, telecommunications, and the Internet. The program begins on Wednesday, 14 May at 7 pm with cocktail reception and dinner. Three sessions each day are scheduled Thursday, Friday, and Saturday, all interspersed with safari activities, providing two game drives per day. Speakers and moderators have a 40% discount from the full delegate fee of Euro 3,150. The resulting faculty fee of Euro 1,890 includes four nights' luxurious accommodation, all breakfasts, lunches, and dinners, six game drives, Elephant Interaction, traditional cultural dinner, travel insurance, airport shuttle service per CILS schedule, professional sessions, morning and afternoon coffee, CLE/CPD, conference materials, and log-on rights to conference online materials.

Sports and Recreation

Fifa 'drops World Cup rotation' - 29 October
Fifa has dropped its policy of rotating the World Cup between continents, according to the world governing body's vice-president Chung Mong-Joon. The decision opens the way for England to bid to stage the tournament in 2018. The Football Association has already expressed an interest in bidding to host the event, and Prime Minister Gordon Brown has backed the idea. But a number of other strong contenders are expected, including China, Russia, Australia and the USA or Mexico.  Chung said all national associations could apply to host future tournaments, except those that belonged to confederations that hosted the two preceding editions. - BBC News website

Surveying

Mutual recognition of professional qualifications - October 2007
Globalisation of markets for professional services is a reality, and professions must respond accordingly. Surveying, as a profession, is fragmented. It retains its national origins, both in terms of education, regulation, marketing and, to a large extent, client base. There is an argument for retaining such a national structure. The majority of surveyors are educated to fulfil the needs of a local/national market, and there are many differences between the needs of different markets across the world. The sheer variety of specialisms, skills, solutions to common problems enriches us as a profession, especially when we come together to share our experiences and to learn from each other. Nevertheless, there are pressures on us to present ourselves as a single, unified, coherent profession, to meet global challenges which threaten our existence as a profession. These include the evolution of our skills in the light of changes within the marketplace for professional services, the marketing of our profession to global consumers and the recruitment of quality students for the future survival of the profession (Mahoney et al, 2007). - FIG (International Federation of Surveyors) website

27 October 2007
Actress [Moira] Lister dies aged 84
The Stage News website

25 October 2007
Stage legend [Patrick] Mynhardt dies in London
IOL website

18 October 2007
Performers mourn [Lucky] Dube
IOL website

18 October 2007
British actress [Deborah] Kerr dies at 86
BBC News website

Microsoft finally yields to EU order - 22 October
Microsoft ended its long battle with European regulators by agreeing to comply with key elements of the European Commission's 2004 antitrust order, the parties announced Monday. Under the agreement, Microsoft will make three "substantial" changes in the way it supplies interoperability information to competitors seeking to have their work-group server software work with Microsoft's operating system. The company will provide open-source software developers access to and use of its interoperability information, according to the Commission. - CNet News website

Survey : office workers still the greatest security threat - 12 October
Businesses still consider desktop users to be the biggest security risk to their networks, despite increased concern over outsourced labor and remote users. - CNet News website

E-mail interception a real risk for UK law firms - 11 October
Interception of email poses a real threat to UK law firms, placing the integrity of their communications at risk, according to an industry survey. The survey, commissioned by Securecoms, highlighted a widespread and mistaken belief that existing antivirus and spam prevention solutions provide sufficient email protection and as a result, the possibility of interception is being overlooked. While email interception poses a threat to all businesses, the often sensitive nature of a law firms' communications increases the importance of security. The research indicates that despite the recommendations contained in the email security guidelines issued by the Law Society, fewer than 10% of UK law firms encrypt their e-mails. - Help Net Security website

E-mail disclaimer doesn't do the job - 10 October
Do you protect your e-mails with a disclaimer at the bottom stating that your messages contain confidential information meant only for the intended recipient? Those disclaimers usually threaten – nicely, of course – that to spread any of the information is "prohibited" and "may be unlawful". Well, think again, warns Peter Vogel, a partner with Gardere Wynne Sewell LLP who teaches Internet law. Slapping disclaimers on every e-mail may dilute their legal effectiveness. - Dallas News website

Update available for vulnerability in versions 8.1 and earlier of Adobe Reader and Acrobat - 22 October
Critical vulnerabilities have been identified in Adobe Reader and Acrobat that could allow an attacker who successfully exploits these vulnerabilities to take control of the affected system. This issue only affects customers on Windows XP or Windows 2003 with Internet Explorer 7 installed. A malicious file must be loaded in Adobe Reader or Acrobat by the end user for an attacker to exploit these vulnerabilities. It is recommended that affected users update to Adobe Reader 8.1.1 or Acrobat 8.1.1. - Adobe website

The ideal candidate should have :

• A legal qualification with proven track record in conveyancing, with at least 5 years experience
• Knowledge of laws both at National and Provincial levels which affects property is essential
• Ability to identify applicable issues and aspects of legislation
• Comprenhensive knowledge in compiling agreements
• Experience in land claims administration
• Ability to administer service for the company's feehold landholdings
• To provide specialist advisory service to company employees on property matters

Renumeration : R270 000.00 per annum inclusive of car allowance and benefits

Contact
Deborah Gage
Management and Business Consultant
PAG - Professional Assignments Group
Telephone : 031-303 4150
Fax : 031-303 4165
Email : deborah.gage@pag.co.za

He has experience in litigation, collections and the administration of deceased estates. He is looking to specialise in the administration of deceased estates, trusts and insolvency law.

Contact

084-333 4524

Qualifications

2007 is penultimate year LLB at Rhodes University
Driver's license
English first language, Afrikaans second language

Experience

2007

Rhodes University

Member of the Law Society sub-committee
Member of the legal Activism Society
Assistant in the Legal Aid Clinic, first semester
Legal advisor in the Legal Aid Clinic, second semester
Assistant Prosecutor for Rhodes University

2006

Rhodes University

Member of the Law Society

Attended law firm in Durban

2005

Rhodes University

Member of the Law Society

I live by a firm set of principles, which guide me in all that I do. However this does not detract from me having an open mind towards activities, as I remain objective and non-judgemental. This is further enhanced by my tenancy to delve deeper into problems, seeking out complex answers and engaging in philosophical discussions.

I am dedicated to working hard and doing the best that I can in every activity, not only for my own benefit but also for those whom I represent. My liberal attitudes towards most areas of life allow me to engage with a broad spectrum of personalities and to view situations from various perspectives. I thoroughly enjoy learning about people and the legal profession as a whole which thus drives me to thrive for excellence.

I have a strong sense of compassion for people and am greatly fulfilled when I have the chance to help those around me. My desire to create a harmonic atmosphere wherein everyone around me feels satisfied creates a strong drive to reach a balance and strive for excellence in all that I do.

Contact

Telephone : 031-762 2381
Email : g05s0155@campus.ru.ac.za

Source : Internet