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News
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Recent
Judgments Available on the Internet |
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Equality Courts
Court rules on Khoisan ad - 19 October
The Equality Court has dismissed as without merit a complaint that
Vodacom's Khoisan Rugby World Cup television advertisement was
discriminatory. "The depiction of the advert does not necessarily
signify that a specific person is stupid," the court found. -
Cape Argus website
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
31 October
2007
9413/2005
R E Broome v NDPP and Others
This case has a long and convoluted history. I have
prepared one judgement covering both matters as the jurisdictional
facts are the same, namely the refusal of the Court a quo
to grant a stay of prosecution. The genesis of the case, in the
Court a quo, is the alleged actions or omissions by the
Applicant/Appellant in the first matter, as auditor of the Owen
Wiggins Trust Group of Companies and the alleged offences which
Wiggins senior and junior Applicants/Appellants in the second
matter with (Maclachlan), a Respondent in both matters committed
as directors of the OWT Group. The OWT Group consisted of some 25
legal entities
30 October 2007
A39/2007
Amlin SA (Pty) Ltd v Rijk van Kooij
The matter served before us as an Appeal against the
Judgment of Tulbagh Magistrate. The Appellant issued summons
against the Respondent on 6 May 2005 for the payment of the sum of
R70 000 allegedly being money lent and advanced by the Appellant
to the Respondent at the latter's
special instance and request. The document, purporting to be a
loan agreement, appears on page 135 of the record. It is written
on top "FAX MESSAGE"
and is marked for the attention of Helmuth Luttig. It is dated 8
December 2003 and is signed by C R
Kooij. The Respondent denied the existence of a loan
agreement. Upon conclusion of the trial that ensued, the
magistrate found in favour of the Respondent. The Appellant
appealed to this Court
26 October 2007
5542/2007
SLC Proprty Group (Pty) Ltd and Another v
Minister of Environmental Affairs and Economic Development and
Another
Smith purchased the Remainder of Portion 11 of the farm Longlands
Nr 393, situate within the Municipality of Stellenbosch from
Kennedy. In terms of further agreements between Smith, Kennedy and
the second applicant, the second applicant replaced Smith as the
purchaser of the property. Smith is the principal shareholder and
managing director of the second applicant. It is Smith's
intention to develop the property. For this purpose the following
is needed : 1. Authorisation by the
first respondent to undertake certain activities as envisaged in
section 22 of the
Environment Conservation Act 73 of 1989 ("ECA")
2. Approval by the second respondent of the rezoning and
subdivision of the property under the
Land Use Planning
Ordinance 15 of 1985 ("LUPO").
This case is concerned solely with the application for
authorisation under ECA
25 October 2007
A970/2005
Cape Cobra (Pty) Ltd v Anne Landman
This is an appeal against the judgment of a Magistrate
for the district of Cape Town, handed down on 30 April 2004. The
appellant was sued by the respondent for damages arising from
breach of contract. On 31 August 2005, the appellant noted an
appeal against the judgment of the court a quo. Notice of appeal
was served on the respondent's attorneys
on the same day, that is, 31 August 2005. An application for a
date on which the appeal was to be heard was filed with the
Registrar on 15 March 2006, served on the respondent's
attorneys on the same day. Rule 50 (1) of the
Uniform Rules of Court
provides that : "An
appeal to the court against the decision of a magistrate in a
civil matter shall be prosecuted within sixty (60) days after the
noting of such appeal, and unless so prosecuted it shall be deemed
to have lapsed". Furthermore, in terms
of Rule 50 (4) : "(a)
The appellant shall, within forty (40) days after noting the
appeal, apply to the registrar in writing and with notice to all
other parties for the assignment of a date for hearing of the
appeal and shall at the same time make available to the registrar
in writing his full residential and postal addresses and the
address of his attorney if he is represented. (b) In the absence
of such an application by the appellant, the respondent may at any
time before the expiry of the period of sixty (60) days referred
to in sub-rule (1) apply for a date of hearing in like manner. (c)
Upon receipt of such application from appellant or respondent, the
appeal shall be deemed to have been duly prosecuted"
18 October 2007
8605/2005
University of Fort Hare v Wavelengths 256
(Pty) Ltd
On 24 April 2007 the matter was postponed to 6 August 2007 due to
Mrs Williams unavailability. On 31 July 2007 Mrs Williams
procured the passing of a resolution, in terms of section 349 read
with section 351 of the
Companies Act 61 of 1973, that the Respondent company be
placed under a creditors' voluntary
winding up. It was known to Mrs Williams then that the Respondent
was insolvent, as appears from the statement of affairs which
accompanied the making of that resolution. On 6 August 2007, this
matter was scheduled to proceed. Mrs Williams instructed her legal
representatives to apply for a postponement of the matter. They
did so (successfully) on the basis that the Respondent would pay
the wasted costs arising from the postponement and thus that the
Applicant did not stand to suffer any prejudice. Mrs Williams did
not disclose to the Court that the Respondent was insolvent and
was about to be liquidated. The postponement was granted despite
opposition on behalf of the Applicant. Thereafter, the date of 12
September 2007 was arranged by agreement between the parties'
respective legal representatives in consultation with myself as
Presiding Judge. It appears that on 15 August 2007, the
aforementioned resolution was registered in the Companies office.
In terms of section 352 of the
Companies Act, the
Respondent's winding up commenced on
that date. (There is no application to Court or any exercise of a
discretion involved in this form of winding up. The registration
of the resolution ipso facto brings about the liquidation of the
company concerned, ie put differently, once the resolution is
passed, liquidation is a formality). In terms of section 359 of
the Companies Act,
"where . . . a
special resolution for the voluntary winding up of a company has
been registered . . . all civil
proceedings by or against the company concerned shall be suspended
until the appointment of a liquidator . . .".
The investigations undertaken by the Applicant's
attorney have revealed that no liquidator has yet been appointed.
The effect of the aforegoing is that the (principal) matter could
not proceed on 12 September 2007, and had to be postponed. The
question to be addressed in this application is whether Mrs
Williams herself should be made to bear the wasted costs of this
postponement, as well as the previous postponement
FirstRand loses bid to keep its clients'
names private - 1 November
The publication of the fact that a person is a client of a
specific bank does not infringe privacy rights, according to Cape
Deputy Judge- President Jeanette Traverso. She made the finding in
a written judgment, handed down this week, on a bid by FirstRand
Bank to prevent investigative magazine Noseweek from publishing
the names of clients involved in an allegedly dodgy offshore tax
scheme. - The Herald Online
website
Delft Eviction
Case
Government housing project excludes poorest of the poor - 1
November
Thousands of the poorest residents in Cape Town, South Africa, are
facing eviction from an informal settlement to make way for a
government housing project. About 20 000 residents of the Joe
Slovo informal settlement near Langa, a township about 15km from
Cape Town along the N2, the main access road to and from the
airport, are opposing their forced removal to Delft, about 20km
northeast of the city, because they say it would reduce their
standard of living further and make it difficult and more
expensive to travel to the city for work. -
allAfrica website
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Durban and Coast Local
Division
Are you sure your divorce is legal? - 1
November
Thousands of divorces granted in Durban during an
eight-year period could be declared null and void - and any
subsequent remarriages declared unlawful - depending on the
outcome of a case pending before the Durban High Court.
The application, set down on the opposed roll on Friday,
centres on the status of one of the presiding officers of the
North Eastern Divorce Court, Gerrit Jan Madern.
Essentially, according to papers filed in the High Court,
if it is found that he was only appointed in a temporary
capacity, and that this was precluded by legislation, all
divorces over which he presided between August 1997 and March
2005 would be of "no force and effect" and if those people had
remarried, they were, in effect, in polygamous marriages.
- IOL website
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Free
State
Provincial Division
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www.uovs.ac.za/fac/law/highcourt/
20
September 2007
2007/603
M J Retief and
Another v E A Wessels and Nine 9 Others
Application in terms of section 2(1) of the
Immovable Property
(Removal or Modification of Restrictions) Act
94 of 1965, for removal of a fideicommissum
imposed by will requirements of valuations of the property at
time of death of testator and at time of application necessary in
order to assess whether property has appreciated or depreciated in
value and whether the circumstances that have arisen have actually
materially affected the value of the property
30 August 2007
2006/A206
Sabata Johannes Setlai Vs Road Accident Fund
Civil procedure in the Magistrate's
Court fatally defective proceeding Clerk of Court's
powers limited to magisterial district for which he/she is
appointed where he/she purports to issue summons for a different
court, such issue is a nullity and ineffectual
13 July 2007
600/2007
Staat v Francois Swanepoel
Strafproses erkenning van skuld beskuldigde het ten aansien
van 'n oortreding van artikel 65(5) van
Wet 93 van 1996,
die Nasionale
Padverkeerswet, 'n erkening van
skuld betaal. Hy het later verneem dat hy as gevolg van daardie
betaling outomaties onbevoeg is om 'n
bestuurderslisensie te besit erkenning van skuld op spesiale
hersiening ter syde gestel mag weer aangekla word. Strafproses
spesiale hersiening beskuldigde het erkening van skuld betaal by
klagte van oortreding van artikel 65(5) van
Wet 93 van 1996
sonder dat hy besef het dat dit 'n
outomatiese onbevoegverklaring om 'n
bestuurderslisensie te hκ, behels skulderkenning op spesiale
hersiening ter syde gestel. Motorvoertuie bestuur met oormatige
hoeveelheid alkohol in asem beskuldigde het erkening van skuld
betaal by klagte van oortreding van artikel 65(5) van
Wet 93 van 1996
sonder dat hy besef het dat dit 'n
outomatiese onbevoegverklaring om 'n
bestuurderslisensie te hκ, behels skulderkenning op spesiale
hersiening ter syde gestel
5 July 2007
1570/2007
Van Schalkwyk and 48 others v NP MKIVA and others
Salary overpayment of salaries of government employees and
recovering thereof under section 38 of the
Public Service Act 1994.
Administrative justice employees invited to make representations
as to why overpaid salary should not be recovered at the rate of
25% per month employees refusing and employer thereafter
informing applicants of its decision to deduct R200,00 per month.
Declaratory order applicants seeking declaratory order
interdicting the Department from utilising section 38 of
Public Service Act 1994.
Legality public authority taking administrative action must be
authorised to do so, otherwise the action is unlawful actions of
official who authorised increases fell outside the boundaries
prescribed by the regulations, and therefore unlawful. Judicial
review allegations that official who authorised increases was
functus officio and his actions could therefore not be
reviewed question is whether the Department was entitled to use
a lawful measure in the form of enacted legislation to recover
monies incorrectly paid as a result of the functionarys unlawful
act. The proposition that every invalid administrative act can
only be set aside in proceedings for judicial review is not
correct respondents are not prohibited from using legal
machinery of section 38. Legitimate expectation fairness and
equity applicants contending that, in view of the length of time
(five years) it would be unfair and inequitable for the Department
to reclaim the overpayment applicants trying to employ doctrine
of legitimate expectation in order to create substantive rather
than procedural rights that cannot be done. Further, the
representation of increased salary was beyond the scope and limit
of the powers granted to the official who authorised it, thus it
was an incompetent promise/representation and cannot be relied
upon for a claim reliant upon legitimate expectation. Prescription
question whether the respondents'
right to reclaim the benefit has prescribed only once it becomes
clear that the process of peaceful resolution through
representatives had been investigated and completed and no out of
court solution was possible did the Department acquire a completed
cause of action. Application for interdict stopping Department
from recovery of overpaid money dismissed with costs
5 July 2007
498/2007
The State v N F Ekermans
Criminal procedure plea of guilty questioning under section
112 (1) (b) of Act 51 of
1977 on a charge of drunken driving, the mere fact that
the accused said it is possible that his faculties were impaired
and that he could not remember what happened as a result thereof,
does not mean that he admits that he drove the vehicle at the
time, or that he acted while his skills were impaired as a result
of alcohol. On review matter remitted to magistrate under section
312 for the court to properly comply with section 112 (1) (b).
Motor vehicle drunken driving on a charge of drunken driving,
the mere fact that the accused said it is possible that his
faculties were impaired and that he could not remember what
happened as a result thereof, does not mean that he admits that he
drove the vehicle at the time, or that he acted while his skills
were impaired as a result of alcohol
21 June 2007
A58/2007
W Dumezweni en ander v Staat
Strafproses vonnis minimum vonnis
Wet 105 van 1997
beskuldigde skuldig aan poging tot diefstal waarby goedere ter
waarde van meer as R500 000 ter sprake (Bylae 2 Deel II) waarde
van R500 000 is nie beperk tot geld nie (paragraaf 10.1) poging
tot diefstal is nie ingesluit nie poging kan minder blaamwaardig
as voltooide misdryf wees wet moet beperkend uitgelκ word as
dit wetgewer se bedoeling was om poging in te sluit sou die
bepaling vermeld het "of poging daartoe" poging is nie 'n
misdryf "wat verband hou met" diefstal vir doeleindes van Bylae 2
Deel II van Wet 105 van
1977 nie (paragraaf 10.3). Strafproses Appθl -
mistastings by verhoorhof waar hof van appθl meen ten spyte van
mistastings dat die vonnis nie inmenging regverdig nie, sal die
appθl misluk
14 June 2007
3118/2006
Global Pact Trading 207 (Pty) Ltd v The Minister of Minerals
and Energy and others
Administrative law delegation distinction between
deconcentration and decentralisation. Decentralisation takes place
when powers are transferred to an independent organ or body which
carries out these powers and functions entirely in its own name
as a rule the delegans (the delegating authority) has no authority
to act on behalf of the delegate and has no control over the
independent body other than appointment of the members thereof
and/or some form of appeal against decisions of the body.
Deconcentration is where the functions are performed by the
delegate in the name of or on behalf of the delegans, in other
words the delegans acts by means of the delegate. An essential
feature of the deconcentration of administrative power is that the
delegans may withdraw the delegation at any time and perform the
function itself. Also, the delegans may exercise various forms of
control over the delegate. In this case facts indicating that
delegation took place in a scheme of deconcentration of public
power thus decision sought to be reviewed must be regarded as
decision of the first respondent, the delegans - on this basis no
appeal exists under section 96 of the
Mineral and Petroleum
Resources Development Act 28 of 2002. Mining and minerals
refusal of prospecting right application to review and set
refusal aside. Administrative action decision to refuse
prospecting right constitutes administrative action second
respondent informing applicant about shortcomings in its
application implicit such letter that applicant's application
will not be refused without considering that response the
subsequent refusal of the application without considering further
information which was received timeously was procedurally unfair.
Refusal of application for prospecting right set aside and matter
remitted for reconsideration
7 June 2007
A234/2006
T Rabako v State
Criminal Procedure sentence minimum sentences section 52(1)
of Criminal Law Amendment
Act 105 van 1997 rape "involving
the infliction of grievous bodily harm"
as contemplated in Schedule 2 part 1(c) meaning of in order to
determine whether the injuries are serious one has to have regard
to the actual injuries sustained, the instrument or object used,
the number of the wounds inflicted, their nature, their position
on the body, their seriousness and the results which flowed from
their inflicting injury can be serious without there necessarily
being an open wound advisable to present medical evidence, but
absence of medical evidence is not fatal for a finding of grievous
bodily harm. Criminal procedure Sentence minimum sentence
under Act 105 of 1977
substantial and compelling circumstances pleading guilty even
after evidence linking accused to crime had been led regarded as
sign of contrition period of incarceration awaiting finalisation
to be taken into consideration. Sentence on 20 years for rape
involving the infliction of grievous body harm reduced to 18 years
7 June 2007
576/2007
Emerald Dunes Investments 64 BK v Naledi Meule BK
Praktyk Summiere vonnis novasie as verweer verwerp op grond
van respondent se vroeλre erkening van aanspreeklikheid. Summiere
vonnis toegestaan
10 May 2007
303/2007
J G Dormehl and others v Firstrand
Bank Beperk
Practice rescission of judgment authority of applicant
executrix signing a power of attorney in favour of applicant four
months prior to the appointment as executrix authority must
exist at time of institution of application for rescission at
time of institution of rescission application, another executrix
had been appointed replacing executrix who had given power of
attorney to applicant applicant was not authorised agent at time
of instituting application. Practice rule 27(5) (magistrates'
courts) application resulting in dismissal of action since court
date was not requested within the prescribed time period action
was therefore dismissed on a technicality and not on merits and
plaintiff was entitled to issue summons in the high court.
Practice parties representation of applicant, who is neither
a qualified attorney nor advocate cannot represent another person
in a court of law appearance of such person, and signing of
court proceedings by such person in direct conflict with the
Right of Appearance in
Courts Act 62 of 1995 and the
Supreme Court Act 59 of
1959
10 May 2007
3905/2005
Nongalo and others v The National Commissioner: Department of
Correctional Service and another
Prisons applicants (prisoners) dissatisfied with their detention
in Mangaung Correctional Centre, seeking an order that they be
transferred to other prisons inmates of a high security prison
cannot dictate to the prison authorities where and under what
conditions they prefer to serve their sentences
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Transvaal
Provincial Division
- (Court rolls at
http://www.courtroom.co.za/roll.php)
Pretoria
court ruling allows boom gate - 26 October
A landmark decision by the Pretoria High Court on Wednesday could
clear the way for more communities to erect barriers on roads in
other cities. Judge Chris Botha said in his ruling that a court
could not say it did not matter if a community feared it was being
targeted by a violent crime wave. He then granted an urgent court
order to the Lynnwood Manor Estate Association authorising
residents to close off the area and erect access control gates,
pending the outcome of further legal action against the Tshwane
city council. - Daily
News website
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Regional Courts
Durban
Tissue Act penalties 'too low' - 29 October
A Durban magistrate today urged lawmakers to address the "low"
maximum penalty of a one-year jail term that courts can impose on
those caught dealing in body parts.
Handing down sentence on a Durban woman, who pleaded
guilty to stealing and attempting to sell a placenta, Durban
Regional Court magistrate Sharon Marks said: "The court is amazed
at how low the penalty is for dealing in human tissue, especially
in South Africa where human tissue can be used for muti purposes".
"This Act is meant to be a severe deterrent against
would-be wrong doers, especially in South Africa where human
trafficking is rife," she said. -
The Times website
Keyphrase :
Human Tissue Act
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Magistrates Courts
Beauford West
Abducted toddler reunited with mom - 31 October
A Beaufort West mother was reunited with her two-year-old son
yesterday afternoon after a three-day search for the abducted child.
On Friday, Leya Muller and her two-year-old son, Jaylin,
were taken at gunpoint by her estranged husband from a farm where
they were visiting friends. The man will appear in the Beaufort West
Magistrate's Court tomorrow on charges of
attempted murder and kidnapping. -
The Times website
Wynberg
Zille
hails eviction
ruling in drugs
war - 30 October
Mayor Helen Zille made the first breakthrough in law in her
antidrug campaign when the Wynberg Magistrate's Court yesterday
ruled in favour of the city to evict tenants who were using a
council house to sell drugs and liquor.
The civil judgment by magistrate Masudah Pangarkar is significant
as it is the first time the city has succeeded in removing problem
tenants from council-owned property since a moratorium on all
evictions was introduced by the African National Congress during
its reign at the council. -
allAfrica website
McBride legal fees shock - 30 October
Robert McBride's legal fees to a Durban-based firm of attorneys
have cost ratepayers more than R2,3-million so far. The legal fees
are related to McBride's defence after he crashed his official
vehicle in Centurion four days before Christmas last year while
returning from a function. McBride is also involved in a legal
battle with three of his officers after suspending them from his
department. Ekurhuleni councillor Izak Berg said the Durban-based
firms of Pasco and Dehal were not on the metro's panel of
attorneys. Berg said the fact that the two firms were based in
Durban was putting additional financial pressure on ratepayers due
to travel and accommodation costs. "This is setting a precedent
and all other employees of the metro could demand the same kind of
financial backing, otherwise it could be viewed as
discrimination," Berg said. - IOL
website
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Human Rights Commission
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http://www.sahrc.org.za/
Heated debate on the privacy of medical records - 24 October
Under no circumstances should a patient's
medical records be disclosed unless he or she gives personal
consent, a seminar hosted by the SA Human Rights Commission (SAHRC)
was told yesterday. SA Medical Association chairman Dr Kgosi
Letlape said medical records should not be disclosed without
personal consent. "Everyone has a right
to be protected by the law against such conduct,"
he said in Parktown at the SAHRC's
"Freedom of expression v privacy"
seminar. - The Herald Online
website
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Government
and Legislation |
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South
Africa Government Information
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http://www.gov.za ;
http://www.polity.org.za
Statements and
Speeches
30 October
2007
Manuel : Introduction of
Revenue Laws Amendment Bills and
Securities Transfer Tax
Bills
30 October
2007
Mbeki
: Parliament of Namibia joint session
29 October
2007
Ndebele : South African Trade and Investment Conference
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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Documents may generally be accessed immediately by clicking on the
underlined hyperlinks. Subscription-protected documents are
indicated by * * * Subscription required * * * ; KZNLS
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
Arts and Culture
Portfolio Committee
16 October 2007
Department Annual Report 2006-2007 Briefing
9 October 2007
Cape Town
International Jazz Festival 2007, Voortrekker Monument and the
Heritage Foundation : Department briefings
Communications
Portfolio Committee
* * *
Subscription required * * *
30 October 2007
Media
Development and Diversity Agency : Board interviews
26 October 2007
Electronic Communications Amendment Bill : Briefing by
Department
23 October 2007
Media
Development and Diversity Agency, Government Communication and
Information System and International Marketing Council : Annual
Reports and Shortlisting of Candidates for MDDA Board
16 October 2007
ICASA
Councillor appointment : Finalisation ; UK's experience with
Digital Television Switch Over
Justice and
Constitutional Development Portfolio Committee
* * *
Subscription required * * *
30 October 2007
South African Judicial
Education Institute Bill : Deliberations
24 October 2007
Department 2006/7 Annual Report : Briefing
17 October 2007
South African Judicial
Education Institute Bill : Deliberations
16 October 2007
Judicial Education
Institute Bill [B4-2007] : Consideration
Provincial and
Local Government Portfolio Committee
* * *
Subscription required * * *
23 October 2007
National
House of Traditional Leaders Annual Report 2006/7 : Briefing
16 October 2007
Policy
review on provincial and local government ;
Local Government Laws
Amendment Bill : Finalisation
10 October 2007
Local Government Laws
Amendment Bill : Response to public submissions
9 October 2007
Provincial and Local
Government Laws Amendment Bill [B28-2007] : Public
Hearings
Requests for
Submissions and Hearings
The Independent
Communications Authority of South Africa (ICASA) intends to
make Regulations in respect of of the Must-Carry Obligations in
terms of subsection 60(3) of the
Electronics
Communication Act, 2005 ("the EC Act"), which states that
:
"The Authority
must prescribe regulations regarding the extent to which
subscription broadcast services must carry, subject to
commercially negotiable terms, the television programmes
provided by a public broadcast service licensee".
Written
submissions can be emailed to Ms Mamedupe Kgatshe at
mkgatshe@icasa.org.za
or
imofokeng@icasa.org.za by 29 October 2007 by no later than
16h00.
The document
is here :
http://www.pmg.org.za/gazettes/070914comm-icasa.pdf
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Legislation
Children's Amendment Bill
Reports of
R300 penalty for smacking children incorrect - 15 October
Misinterpretation of a social development portfolio meeting has lead
to many parents believing they will be fined R300 if they smack
their child. The meeting, held last Monday to discuss the Children's
Amendment Bill with input from the National Prosecuting Authority (NPA)
and deliberations on public submissions made on the bill, focused on
the implications of Clause 139 of the bill which relates to
discipline of children amongst others. However, the meeting itself
did not result in any formal decisions being made regarding the
particular clause, and it was concluded that further discussions
were needed in that regard before a final decision was made. -
BuaNews Online website
Constitution
of the Republic of South Africa Amendment Bill
and
Cross-Boundary Municipalities Laws Repeal and Related Matters Bill
Matatiele stadium packed for hearings on incorporation - 31
October
More than 3 000 people packed the local soccer stadium in Matatiele
yesterday as the second day of public hearings on the regions
controversial incorporation into the Eastern Cape began. Matatiele
was incorporated into the Eastern Cape on February 28 last year,
hours before voting started in the local government election.
Similarly the Umzimkhulu region was incorporated into KwaZulu Natal
from the Eastern Cape. The hearings are being held in terms of the
Constitution 12th Amendment Act. -
The Herald Online website
Mining Royalty Bill
Royalty on revenue remains in mining bill - 31 October
The government and the mining industry are continuing discussions
about the proposed Mining Royalty Bill but some issues remain
unresolved, Chamber of Mines CEO Mzolisi Diliza said yesterday.
In yesterday's medium-term
budget policy statement, the government said it would release a
final draft of the royalty bill to Parliament's
portfolio committee in the middle of next month. -
Business Day website
National
Gambling Amendment Bill
Tough rules for online gambling - 19 October
The National Gambling Amendment Bill will place tight restrictions
on vendors of Internet and cellphone gambling, the Department of
Trade and Industry (DTI) has told the upper chamber of Parliament.
The department has briefed the economic and foreign affairs select
committee of the National Council of Provinces (NCOP) on the Bill
that has already passed the National Assembly, or lower house.
Once the NCOP approves the Bill, it will go to president Thabo
Mbeki for his signature. - ITWeb
website
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Useful
Links and Items of Interest |
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Legal Profession
South Africa
Premier
calls for lawyers to expose injustice - 15 October
The legal profession should expose injustice, however uncomfortable
this may be to the powers that be. This is according to North West
Premier Edna Molewa during her address at the North West Attorneys
Council Annual General Meeting held in Rustenburg on Saturday. She
mentioned the role played by lawyers such as Bram Fischer, who had a
privileged upbringing "but chose to associate himself with
organisations and individuals that apartheid had deemed
undesirable". Premier Molewa also made mention of George Bizos and
many others to whom this country owe a debt of gratitude for keeping
the fire burning in apartheid courts, sometimes to fatal
consequences. - BuaNews Online
website
United Kingdom
Scotland launches debate on future of legal services - 1
November
The Law Society of Scotland has begun a consultation process that
aims to overhaul the country's legal
services industry. With the
Legal Services Bill
gaining royal assent this week, the society is seeking feedback on
whether Scotland's legal services market
should be opened up to other providers. -
The Lawyer website
Legal Services Bill gets royal assent - 30 October
The Legal Service Bill has received royal assent today (30
October) following the House of Lords approving the Bill last
Thursday (25 October). The Queen approving the bill has been
welcomed by the legal profession, with the Bar Council and the Bar
Standards Boards (BSB) both today content that the bill is in a
form that will service the legal profession. -
The Lawyer website
Zimbabwe
Persecution of lawyers in Zimbabwe : self regulation at a
cross roads
Law Society of Zimbabwe on the Law Society of England and Wales
website
Law Society steps in to help prevent breakdown of rule of law in
Zimbabwe - 22 October
The Law Society is hosting a visit from the Law Society
president of Zimbabwe, Beatrice Mtetwa, on Wednesday 24 October,
to highlight the dramatic deterioration in the rule of law and
respect for human rights in Zimbabwe. -
Law Society of England
and Wales website
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South Africa
Banking
Big banks ready to apply Basel 2 rules in January - 30 October
South African banks were ready to implement the
Basel 2 capital rules
in January, Cas Coovadia, MD of the Banking Association of SA, said
yesterday.
The rules are designed to improve supervision of banks,
reduce the chances of banking failures and strengthen the financial
system. - Business Day
website
Standard
Bank partners with world's largest bank - 26 October
Standard Bank has announced a major partnership with the Industrial
and Commercial Bank of China Limited (ICBC). ICBC is the world's
largest bank by market capitalisation and will become a 20 percent
shareholder in Standard Bank Group according to the deal, according
to a Standard Bank press statement. This deal will result in a R36.7
billion ($5.5 billion) equity investment into Standard Bank, which
is the largest foreign direct investment into the country and is a
landmark transaction for Africa, South Africa and Standard Bank.
Foreign ownership of Standard Bank, currently at around 25%, will
increase to approximately 40 percent after the proposed transaction,
leaving Standard Bank still majority South African-owned. -
BuaNews Online website
Company Law
Misuse
of the liquidation process - 16 October
It has been said that in corporate litigation, a liquidation
application is the equivalent of a powerful bomb. The liquidation
process is intended for the winding up of the affairs of an
insolvent business entity or to bring an equitable end to its
existence in certain prescribed circumstances. In the case of
companies, these circumstances are set out in the Companies Act,
1973. The process is not meant to be used for enforcing payment of
a debt or to enable its controllers to surreptitiously escape the
consequences of their actions, such as to avoid paying creditors.
Yet, not infrequently, one finds winding up applications being used
as a tool to an ulterior motive, typically to force the debtor to
pay or as an endeavour on the part of those in charge of the
business to sidestep creditors. - Article by Andre Vos of Deneys
Reitz on the Mondaq website
* * * Free registration required * * *
Criminal Justice
System
'Justice system failing rape victims' - 30 October
Despite police figures showing the number of rape convictions by the
courts is slowly increasing, the Rape Crisis Centre says the
criminal justice system is not doing enough to ensure perpetrators
are placed behind bars. - The
Herald Online website
Improve
courts, police to fight crime - 25 October 2007
Necessary steps such as improving courts and the police force should
be taken to improve the efficiency of the Criminal Justice Systems
(CJS). "To deal with crime more effectively, immediate steps should
be taken to improve the effectiveness of the police and courts as
well as systems to monitor and hold institutions accountable,"
according to a South African Human Rights Commission (SAHRC) report.
- BuaNews Online website
See Report at
http://www.sahrc.org.za/sahrc_cms/downloads/Crime%20Conference%20Report.pdf
Education
Prefects
await their fate after hearing - 28 October
Six SACS prefects who allegedly abused a Grade 9 pupil will hear the
outcome of their disciplinary hearing by the end of next week. Ameer
Adams, 15, claimed the prefects bullied him and shoved him into a
manhole. The prefects have been suspended pending the outcome of the
hearing. Ameer's mother, Rahima Adams, said the independent
arbitrator would consider the testimony and then make
recommendations to the SACS governing body, which would take the
necessary action. - allAfrica
website
Environment
Minister
gives way on abalone ruling - 1 November
Abalone fishermen in Western Cape have won a reprieve and will be
allowed one last season before fishing for wild abalone (perlemoen)
is halted on February 1. Environmental Affairs and Tourism Minister
Marthinus van Schalkwyk denied his decision to allow one last
opportunity for the abalone divers was because of the threat of
legal action from the Congress of South African Trade Unions and
fishing communities whose livelihoods are threatened by the ban. -
allAfrica website
New
name for SA's first World Heritage Site
- 1 November
The Greater St Lucia Wetland Park, proclaimed South Africa's
first World Heritage Site in 1999, has a new name
: the iSimangaliso Wetland Park.
The new name means "wonder"
or "miracle" in
isiZulu. Approved by cabinet and gazetted on May 11, the new name
would be officially in use from today, said the department of
environmental affairs and tourism.
The change will not affect the name of the lake itself.
The department said :
"The name, Lake St Lucia, [given] by the
Portuguese in about 1459, will remain".
- The Times 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. -
The Herald Online website
Stop Wild Coast mine project now, say critics - 19 October
With the draft environmental impact assessment of the Xolobeni
mining project on the Wild Coast set to go public, critics say there
is growing evidence that it should be stopped now. Selma Nel,
spokesman for GCS, the consultant contracted by the developer, said
yesterday that the draft EIA would be available from Tuesday for 30
days. The Xolobeni Mineral Sands project site is 30km south of Port
Edward on the north-east Pondoland coast of the Eastern Cape. -
The Herald Online website
Fighting
poverty and climate change - 19 October
A key challenge in the battle against climate change is how to
reduce greenhouse-gas (GHG) emissions while, at the same time,
dealing with the challenges of poverty and development. South Africa's
first registered Clean Development Mechanism (CDM) project manages
to reduce GHG emissions and deliver substantial benefits to the
local community in Kuyasa (part of Khayelitsha). -
Polity website
Finance
Medium Term Budget
Policy Statement
Manuel defends banks' profits - 31 October
Members of Parliament on Wednesday began to propose some radical
solutions to problems raised during their consideration of
finance minister Trevor Manuel's Medium Term Budget Policy
Statement (MTBPS). But the minister, answering their questions
at a joint meeting of finance and budget committees, would have
none of them. - Fin24
website
Modest
increase of 8,6 percent to spend on fighting crime - 31
October
Despite an outcry about the levels of crime in the country, the
medium-term budget policy statement offers little solace, with
allocations to protection services over the next three years
increasing 8,6%. In addition, two of the departments in the
criminal justice cluster, justice and correctional services, had
substantial rollovers condoned by the treasury. -
allAfrica website
Manuel's mini-budget a massive boost for schools - 31
October
Finance Minister Trevor Manuel yesterday announced sweeping
improvements for education across the country, including
training more pre-primary teachers, making schools more
accessible to the disabled, extra textbooks and better school
infrastructure. - The
Herald Online website
Household debt to normalise in the future - 30 October
The ratio of household debt to disposable income reached a peak
of 76.6 percent in June 2007, but should be returning to more
sustainable levels in the near future reported the National
Treasury. According to the Medium Term Budget Policy Statement (MTBPS)
released on Tuesday in Parliament, the National Credit Act (NCA),
and the fact that South African's could possibly face another
interest rate hike in December, were factors singled out for the
calming effect on consumer spending. -
BuaNews Online website
Mining investment trends encouraging : Treasury - 30 October
The South African mining sector's production has been
disappointing, growing a mere 0,2% in the year to August 2007,
but real investment in the sector showed a healthy 33% increase
in the first half of 2007, on the back of higher commodity
prices, the National Treasury said on Tuesday. The poor growth
in production was largely owing to a 6% decline in gold output,
as depleting orebodies, higher costs, and safety issues hit
producers of the yellow metal. -
Creamer Media's Mining
Weekly website
Govt sees 25% GFCF target 'imminently
achievable' - 30 October
South Africa's gross fixed capital formation target of 25% by
2014 is "imminently achievable", and may even be reached before
the targeted date, the National Treasury said on Tuesday. The
ratio of investment to GDP rose to nearly 21% in the first half
of 2007, driven by a 30,7% jump in spending by State-owned
enterprises (SOEs). About five years ago, the ratio of
investment to GDP was still at around 15%, after it reached a
low of 14,7% in the early 1990s. -
Creamer Media's
Engineering News website
Manuel : economy
shows signs of strain - 30 October
Finance Minister Trevor Manuel said at the launch of the
latest Medium-Term Budget Policy Statement (MTBPS) on Tuesday
that while the past four years have been good for the South
African economy, it has begun to show signs of strain.
He noted that these signs of strain are reflected in
rising inflation and a high current-account deficit.
- Mail & Guardian website
Deficit not bothering Manuel - 30 October
Finance Minister Trevor Manuel says he is not about to dress up
in sackcloth and ashes over South Africa's increasing current
account deficit. The debt can be serviced and surpluses are
being kept as protection. Speaking to journalists ahead of
tabling his Medium Term Budget Policy Statement in parliament
today, Manuel was confident that the medium term budget had
built fiscal surpluses as a cushion against vulnerability to
external shocks. - News24
website
R15.4 billion budgeted for agri, forestry, fishing - 30
October
Governments medium-term expenditure estimates indicate that for
the 2010/11 financial year, some R15.4 billion will be allocated
towards the agriculture, forestry and fishing industries in the
country. Addressing Parliament on the 2007 Medium Term Budget
Policy Statement (MTBPS) on Tuesday, Finance Minister Trevor
Manuel said these sectors will effectively have increased by 5.3
percent between the period 2006/07 and 2010/11 from R10.7
billion to R15.4 billion. -
BuaNews Online website
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Health
Draft Regulations relating to foodstuffs for infants and young
children - 1 November
The Department of Health last Friday published the draft Regulations
relating to foodstuffs for infants, young children and children in
the Government Gazette (No.30402). These draft Regulations, when
promulgated, will replace the existing Regulations Relating to
Foodstuffs for Infants, Young Children and Children, No.R1130 of 8
June 1984 published under the
Foodstuffs, Cosmetics and
Disinfectants Act of 1972. The draft Regulations are
supplementary to the other labelling and advertising requirements
laid down by the Act. - SA
Government Online website
Report lifts lid on horror hygiene at Bay hospitals - 30 October
Blood from bodies is washed into driveways and streets at Port
Elizabeth's Provincial Hospital, while
cats are left to scavenge for food in the corridors of Bethelsdorp's
Jose Pearson TB Hospital, according to a damning report. -
The Herald Online website
KwaZulu-Natal
Auditors
call for more financial control in KZN - 25 October
The National Auditor-General, Terence Nombembe has said better
control and effective monitoring by heads of departments, beefed up
internal audit units and audit committees, are needed in KwaZulu-Natal.
Mr Nombembe said during his presentation at the sitting of
legislature in Abaqulusi in Vryheid, that while there is no cause
for concern with the way KwaZulu-Natal provincial departments had
managed their finances in 2006/2007 financial year, there was room
for improvement. - BuaNews
Online website
Land Affairs and
Property
Impact of 2010 on residential property market - 25 October
"The awarding of the 2010 Soccer World Cup to South Africa should
have a profound effect on the country and ensure a host of
tangible benefits. Huge sporting events such as 2010 generally
encourage a significant rise in visitor numbers to a country and
should have a marked impact on the real estate market. A good
example of this is the 2007 Rugby World Cup held in France which
saw an influx of approximately 400 000 visitors to the country
during the tournament. We believe 2010 will have a really
positive impact on the residential property market" said 'Team HJ'
(Herman Louw & Justin Goodman) of Re/Max Property Associates in
Table View. - My
Pressportal website
Keyphrase :
2010 FIFA World Cup
'SA's properties sold below asking price' - 31 October
While 30 percent of residential properties sold for less than the
asking price in early 2005 this figure has risen to 80 percent -
or four out of five properties - in the third quarter of 2007.
"That is the highest percentage since the inception of this
survey," said First National Bank (FNB) home loans chief economist
John Loos on Wednesday, during a presentation of the latest FNB
Residential Property Barometer. While the average length of time
that properties remained on the market had increased from seven to
eleven weeks. - IOL website
Knysna's Rexford scheme under scrutiny
- 1 November
A proposed housing development in Rexford, Knysna, may be granted
permission to go ahead, but only subject to a number of strict
environmental constraints. The proposal has already sparked a
groundswell of discontent and opposition from residents alongside
Hunters Home and neighbouring areas, environmentalists and other
interested parties. The land in question is deemed to be a wetland
by those who oppose the development of the site and who say that
the area is unsuitable for building. Construction, they claim,
will have a detrimental affect on birdlife in the area. So far 109
letters of objection to the development have been lodged with the
Knysna municipality. - The
Herald Online website
New Durban harbour plan prompts public outcry - 26 October
Durban water sport and community groups have voiced strong
opposition to the latest version of the Point small craft harbour
plans, with some groups calling for the scrapping of what they
claim is an unworkable and profit-driven "concrete dream". A
second group, made up of the Durban Ski Boat Club, Point Yacht
Club and Durban Undersea Club, has adopted a more conciliatory
approach to find a solution. However, members of this group appear
to be having serious doubts about whether a compromise can be
reached. - IOL website
Director-general of Land Affairs sacked
- 30 October
Land Affairs director-general Glen
Thomas has been sacked by minister Lulu Xingwana. "There is an
agreement between the D-G and the minister that his contract is
terminated with immediate effect. His place will be taken by the
acting D-G Thozi Gwanya, who is currently the chief land claims
commissioner, until further notice," Xingwana's spokesperson,
Godfrey Mdhluli, said on Monday. This
follows just days after irate MPs called for strong action to be
taken against Thomas who failed to pitch at a parliamentary
committee meeting, because he had not yet returned from France
where he had attended the Rugby World Cup.
- IOL website
Contract of land affairs director general terminated - 30
October
The Ministry of Land Affairs would not give reasons for the
termination of the contract of Director General (DG) Glen Thomas
until the minister returned from a trip to Namibia, a
spokesperson said on Tuesday. -
Mail & Guardian website
Foreboding reprise of second-class land rights - 15 October
The racial double standard is still at the heart of our national
thinking about black property rights. The decision by Agriculture
and Land Affairs Minister Lulu Xingwana to place unilateral
restrictions on the title deeds of beneficiary communities of the
land restitution process merits rigorous public debate. Her decision
to place a generous interpretation on her powers in terms of the
Restitution of Land Rights
Act was made without any consultation among stakeholders
interested in land reform and property rights. There has been
deafening silence, however, from the members of the portfolio
committee on land affairs in Parliament, which usually assumes an
activist role towards government attempts to weaken the land reform
programme. -
Business Day website
Foreign Land Ownership
Traditional leaders oppose foreign land ownership - 1 November
Traditional leaders are opposed to the sale of land to foreigners.
This emerged at a consultation workshop on the policy regarding land
ownership by foreigners. - SABC
News website
Coastal bill is 'the better bet' - 30 October
The proposed Integrated
Coastal Management Bill provides a far more sensible solution
to the question of foreign investment in SA property than the report
recently presented to Cabinet on the development of policy on
foreign land ownership, say ERA South Africa CEO Gerhard Kotzι.
According to Kotzι, the bill is soundly based on legal grounds as
opposed to the emotionalism involved in the report. -
iAfrica website
Deadline
extended for land ownership - 26 October
The Department of Land Affairs on Friday extended the deadline for
public comment on the Policy on Land Ownership (PLOF) by Foreigners.
Spokesperson Eddie Mohoebi said the deadline was extended from 14
November to 14 December. -
iAfrica website
Land Claims
Media statement on Pniel Land - 1 November
Pniel 281 is a commercial farm unit with full mining rights,
measuring 25 000 hectares in the area. It is located within the
Barkly West under Dikgatlong local municipality of the Northern Cape
province. The farm encompasses a large horse shoe land track all
along the southern banks of the Vaal River adjacent to the Barkley
West Township. - SA Government
website
Land reform
to get more consistent support - 31 October
The Development Bank of Southern Africa (DBSA) and the Commission on
Restitution of Land Rights have formed a partnership to provide
support to land restitution projects and their beneficiaries. Due to
the need for various parties, including government institutions and
agencies, to cooperate and adopt a consistent approach to support
land reform in South Africa, the two signed a Memorandum of
Understanding (MoU) on Tuesday. -
allAfrica website
"Need
to revisit plan to transfer land" - 30
October
South Africa's target of transferring 30
percent of farmland to black ownership by 2014 might be
unattainable, but it will pursue its policy of seizing land from
white farmers, a government official said on Friday.
The government set itself a target of handing 30 percent
of all agricultural land to the black majority by 2014, but it is
only just approaching 4 percent of that target and says it needs to
accelerate the process. - The
Sowetan website
Land claimants fail to collect payouts - 30 October
More than R9-million in uncollected vouchers is lying at the
provincial Land Claims Commission, waiting to be collected from
claimants who opted for financial compensation during South Africa's
land restitution process. Nationally, there is more than R63-million
in unclaimed compensation. The regional Land Claims Commission this
week said it had settled more than 90 percent of the 17 000 claims
in the Western Cape. More than 80 percent of these settled claims
were dealt with in terms of financial compensation. Compensation
claims settled since the start of the land restitution process total
more than R565-million. - IOL
website
KZN communities get their land back - 29 October
KwaZulu-Natal farm residents who were dispossessed of their lands
during the apartheid era, rejoiced when government handed over the
land which rightfully belonged to them. The historic event which was
held at the Paddafontein Farm in Northern KwaZulu-Natal. The state
bought six farms with a combined size of more than 2500 hectares
costing R2.1 million for the beneficiaries who are now distributed
around the six neighbouring farms. At the hand-over ceremony,
Agriculture and Land Affairs Minister Lulu Xingwana handed over
title deeds to the beneficiaries from Paddafontein, Bella Vista,
Jabula, Traktaat, Palmietfontein and Amberg. "The farm dwellers will
be trained by the experienced farmers on how to manage the farm
properly". - BuaNews Online
website
Media
Fury over Big Brother sex act - 31 October
Television viewers, anti-abuse activists and lawyers have
condemned the airing of an episode of Big Brother Africa on
M-Net on Saturday which showed acts of drunken debauchery and
alleged non-consensual sex. Prof Robin Palmer of the University
of KwaZulu-Natal's law department said: "The
Sexual Offences Act has widened the definition of
non-consensual sex considerably. If Malokwu was penetrated
without her consent whether or not she was conscious at the time
she can bring a charge of rape". Palmer said that television
footage could constitute evidence of the commission of the
offence. Palmer said that if the alleged incident was proved,
M-Net could be charged as an accessory to rape. There were legal
precedents where those charged with the duty of protecting
others, but failing to do so, had been found to have acted
unlawfully, he said. -
Tonight website
Minerals and
Energy
Mine safety audit will target legal and technical compliance :
DME - 1 November
South Africa's Department of Minerals and Energy (DME) on
Thursday released some details on the safety audit that it would
conduct across the country's mines. It said that it had
developed audit protocols that would address its scope, resource
requirement, and consolidate the outcome of the audit. The DME
said in an emailed statement that the audit would comprise two
streams - a legal audit and a technical audit of certain
installations and practices at mines. -
Creamer Media's Mining
Weekly website
Govt stoppage of deep-level mining dangerous, JP Morgan's
Shepherd warns - 31 October
Government stoppage of deep-level mining operations following
mine accidents was a dangerous thing to do, JP Morgan analyst
Steve Shepherd warned on Wednesday. Shepherd's warning follows
the new government practice of shutting mines where mining
accidents occur. But Harmony Gold acting CEO Graham Briggs
revealed that it was Harmony Gold itself that had closed
Elandsrand gold mine near Carletonville, after 3 200 workers
were trapped underground earlier this month. But he indicated
that shutting mines did present safety concerns and that mines
became "even more unsafe" when cooling was stopped. Shepherd
asked further whether what was taking place between the mining
industry and the government was constructive. -
Creamer Media's Mining
Weekly website
More
interaction needed between govt, mines - 17 October
Increasing debates and meetings between government, mining
industry stakeholders and local communities is crucial to the
sustainable growth and development of the mining sector in South
Africa. This was just one of the opinions expressed by Lonmin
Platinum's Group Manager for Corporate Communications Barnard
Mokwena, speaking at the Chamber of Mines Sustainable
Development conference on Wednesday. -
BuaNews Online website
SA acquisition aligned to US nuclear giant's 'localisation'
effort - 29 October
The acquisition of South Africa's IST Nuclear (ISTN) by
international nuclear-technology group Westinghouse Electric
Company should be consummated later this week, materially
increasing the domestic footprint of the US company. No monetary
value has been disclosed for the transaction, but regional VP
for South Africa Dr Rita Bowser tells Engineering News
exclusively that the purchase is aligned to an aspiration to
position the company for the likely pipeline of work that could
emerge in South Africa. Indeed, State power utility Eskom has a
stated ambition of installing 20 000 MW of nuclear power as part
of a bigger 40 000-MW expansion programme over the next two
decades. - Creamer
Media's Engineering News website
Municipal
Management and Procedure
City managers not overpaid, study claims - 30 October
City managers are not overpaid, according to a recent study that
compared the salaries of city managers from nine of the
country's largest cities with the salaries of the CEOs of
parastatals and directors-general of national departments.
The State of City Finances Report 2007, published by
the SA Cities Network, which reviews SA's six metros plus
Mangaung, Msunduzi and Buffalo City, compared annual reports and
found that CEO s of parastatals earned at least six times more
than city managers, despite city managers often having more
responsibilities and cities accounting for two-thirds of SA's
economic activity. -
Business Day website
Cape Town
Cape Town votes to evict Chaaban - 1 November
An overwhelming majority of Cape Town city councillors voted
yesterday to kick controversial National People's
Party leader and councillor Badhi Chaaban out of the council,
but not before he abused Democratic Alliance (DA) leader and
mayor Helen Zille verbally at the council's
monthly meeting.
The motion will now be forwarded to local government
MEC Richard Dyantyi in the African National Congress
(ANC)-controlled provincial government with a request that he
remove Chaaban for contravening the council's
code of conduct in terms of the
Local Government
Municipal Systems Act. -
Business Day website
eThekweni
Durban Metro Police - 1 November
The Municipal Police Services, or the Metro Police as they are
commonly referred to, exist independently from the SAPS and are
funded by the accountable local government. The establishment of
Municipal Police Services (MPS), forms part of government's
effort to increase the number of law enforcers in South African
cities. The Durban Metro Police Service was the first Metro
Police Service that was established in South Africa in terms of
the SAPS Amendment Act
83 of 1998. But the history of the Durban Metropolitan
Police Service can be traced back as far as 1854, when a city
police agency was created under that year's
Municipal Ordinance.
- Servamus website
Fireworks policy still tied up in red tape - 24 October
With less than two weeks before Guy Fawkes and Diwali, Durban's
long overdue fireworks policy remains tied up in red tape and
even when adopted will be almost impossible to police. That is
the opinion of Metro Police insiders, who have laughed off
suggestions that the already overburdened force would have the
manpower or will to enforce a set of new bylaws that have, from
the outset, been shrouded in controversy. -
IOL website
Johannesburg
Joburg
Mayor represents African municipalities
- 1 November
Africa has nominated Johannesburg Mayor Amos Masondo as its
candidate for the Presidency of the United Cities of Local
Government (UCLG). The UCLG is the world body of cities and
national associations of local governments. Mr Masondo is the
current Chairperson of the South African Local Government
Association (SALGA). The Mayor will be part of a five person
Presidency representing the five regions which constitute UCLG.
The other four nominees are the Mayor of Paris, representing the
European Region, Mayor of Quito, representing the Latin American
Region, Mayor of Istanbul, representing the Middle Eastern
Region, and Mayor of Guangzhou, representing the Asia-Pacific
Region. - allAfrica website
Jo'burg calls for ratepayers'
gripes - 31 October
Estimates indicate that many property owners in Johannesburg
could see their rates bill increase when the city implements its
new rates policy in July next year, the city said yesterday.
This is why the city is appealing to property owners
to view its valuation roll on the city's
website and lodge objections before the valuation becomes
official. - Business Day
website
Mandela Bay
'Heritage crumbling as council fails to act on landlords' -
2 November
DA councillor Terry Herbst yesterday criticised municipal
manager Graham Richards for not taking action against landlords
who do not maintain their properties properly, particularly
Irish magnate Ken Denton. Despite numerous letters to Richards,
Herbst said, the silence from his office "remains
deafening" while the buildings under
review were collapsing. This, he said, was "a
scandal of major proportions".
However, Richards said he and the Mandela Bay Development Agency
had worked out a strategy of engaging property owners in Nelson
Mandela Bay, and Denton in particular. -
The Herald Online
website
Richmond Hill row over luxury apartments - 30 October
Residents are up in arms over a new 14-storey development in
Richmond Hill that has been tentatively approved by the Nelson
Mandela Bay municipality. The development, Tulla Wharf, is being
marketed as a premium property development in Richmond Hill a
residential structure offering 24 luxury apartments and
penthouse living with exquisite sea views, private lifts, spa
facilities and superb finishes. Residents feel it is lowering
surrounding property prices and detracting from the historical
significance of the suburb. The ward councillor for the area,
Jeremy Davis, has submitted numerous complaints to the
municipality's departments of housing
and land, and infrastructure and engineering, to express the
concerns about the development. -
The Herald Online
website
Contentious zoning plan gets the nod from metro - 12 October
The Nelson Mandela Bay municipality yesterday approved a
groundbreaking and controversial spatial development plan for
the burgeoning suburb of Lorraine, despite complaints from
residents that their concerns regarding traffic congestion and
lack of infrastructure had been brushed over. -
The Herald Online
website
Safety and
Security
CPFs
increase police accountability
- 31 October
The introduction of Community Police Forums (CPF) in the country
has brought a new dimension to policing as it encourages police
oversight and accountability, according to the Secretary of the
Department of Safety and Security Themba Mathe. Addressing the
Institute of Security Studies at a conference on policing in
South Africa Mr Mathe said the community was for the first time
beginning to become involved in initiatives to hold police
accountable for service delivery and conduct that was in
accordance with constitutional values and norms. -
BuaNews Online website
Traditional
Leaders
Traditional leaders must avoid succession disputes - 25
October
KwaZulu-Natal MEC for Local Government and Traditional Affairs,
Mike Mabuyakhulu, has urged traditional leaders to devise a way
of avoiding conflicts and disputes over succession. Addressing
the International Conference on Traditional Leadership in Durban
on Thursday, Mr Mabuyakhulu noted that for long time the system
of traditional leadership had been beset by succession disputes.
He said such conflicts impacted negatively on this institution.
The purpose of the two-day indaba is to explore international
perspectives of traditional leadership in relation to democracy
and governance issues. -
BuaNews Online website
Transport
KZN
Cabinet welcomes end to taxi violence
- 1 November
The KwaZulu-Natal Cabinet has applauded the provincial taxi
industry for the gains it has made in ending the violence that
has plagued the industry. This followed a presentation by the
South African National Taxi Council (SANTACO) to Cabinet's
ordinary weekly meeting in Pietermaritzburg, Wednesday. -
BuaNews Online website
Water Affairs and
Forestry
Invasive plants spreading 'too fast'
for eradication - 2 November
The government's key Working for Water
(WfW) programme, aimed at eradicating invasive alien plants that
cause billions of rands' damage to the
economy each year, appears set to fall further behind in its
efforts to contain the problem. According to figures tabled at a
meeting of Parliament's water affairs
and forestry committee yesterday, the rate at which WfW plans to
clear the plants over the next three years is considerably
slower than the rate at which they are spreading. -
The Herald Online
website
Miscellaneous
SA lost R330m in livestock stolen over past year, says forum
- 23 October
Stock theft in South Africa in the past year amounted to close
on R330-million in the past year, the National Stock Theft Forum
said. "At the moment, stock theft is
hampering the profitability of the stock farmers and it is also
interfering with the government's land
reform process as well as the empowering of the emerging
farmers," the forum said.
"For each stock theft incident at a
commercial farm, three similar incidents take place among
emerging farmers". -
The Herald Online
website
Plett
set to become a magisterial district
- 17 October
Plettenberg Bay is to become an independent magisterial district
in a move aimed at making justice more accessible to the town's
residents and bringing numerous service benefits. Justice
Ministry spokesman Zolile Nqayi said yesterday the change would
hold legal benefits for the town, which at present only has a
circuit court that sits in a small building next to the police
station. - The Herald
Online website
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Africa
Africa to
strengthen governance, public admin - 26 October
African Ministers have pledged to take solidified and collective
actions to strengthen the state of governance and public
administration on the continent. This follows deliberations during
the 4th Meeting of the Ministerial Bureau of the 5th Pan-African
Conference, held in Windhoek, Namibia. The meeting, held on
Wednesday and Thursday this week, reviewed progress made in the
collective work of the Ministers of Public Service, under the
auspices of the African Union Commission (AUC). Reports on the
Africa Public Service Charter championed by Algeria, the African
Management Development Institutes' Network (AMDIN) and the All
Africa Public Sector Innovation Awards championed by Mauritius were
received. A presentation on E-Government and Free Open Source
Software was also given. -
BuaNews Online website
Zimbabwe
Mugabe
signs in a successor law -
1 November
Zimbabwe's president has signed into law an amendment to the
constitution that allows him to choose a successor if he decides to
retire mid-term. Robert Mugabe's choice would then be voted in by
parliament which is dominated by his Zanu-PF party. The
constitutional amendment bill, which also allows presidential and
parliamentary polls next March, had the backing of Zanu-PF and the
opposition. Mr Mugabe has said that he will seek another term in
next year's elections. - BBC News
website
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Asia
Bali
Bali
trio lose execution dispute - 30 October
Three Australians sentenced to death in Indonesia for drug
smuggling have lost a legal challenge to the country's capital
punishment laws. Lawyers for the men - members of the so-called
Bali Nine group - had argued that Indonesia's constitution
guaranteed their right to life. A favourable ruling could have
helped in an appeal against their sentences. But the
Constitutional Court in Jakarta ruled that the death penalty was
allowable for drug trafficking.
- BBC News
website
Keyphrase :
Drug smuggling
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Australasia
Australia
Rapist's 'spider' defence fails - 1 November
An Australian man who reportedly claimed a toxic spider bite
compelled him to rape a woman has been jailed after a judge
rejected his defence. Philip Ronald Spiers subjected a woman to a
four-hour ordeal after abducting her in a car park in Maitland,
160km (100 miles) north of Sydney in 1997. Spiers pleaded guilty
but tried to blame his actions on a funnel-web spider bite 12 days
before the offence. A New South Wales judge jailed him for eight
years on Wednesday. - BBC News
website
Rudd
unveils Barrier Reef plan - 29 October
An extensive plan to save Australia's Great Barrier Reef has been
announced by Prime Minister John Howard's main rival in the
forthcoming elections. Mr Howard has been criticised within his
own party for his lack of action on the environment and climate
change. His refusal to sign the Kyoto Protocol is believed to be
one factor in his increasing unpopularity among voters. The Great
Barrier Reef, Australia's leading tourist destination, is being
damaged by water pollution and rising sea temperatures, which are
killing off the millions of coral that make up its 2300km (1429
mile) length. - BBC News
website
SA doctor's killer husband gets 20 years - 18 October
A South African doctor's husband was sentenced to 20 years
imprisonment by an Australian judge after he was found guilty of
stabbing his wife 28 times, an Australian newspaper reported on
Thursday. The Mercury newspaper in the Australian state of
Tasmania reported that the doctor - 41-year-old Dr Erika Susan
Jelliman - had "fled violence and crime in her native South Africa
only to be brutally murdered by her jealous husband [Hilton
Jelliman]". - IOL website
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Europe
EU seeks
comprehensive ties with Africa - 1 November
The European Union (EU) says there is a need for a more
comprehensive partnership, and more coherent policies towards
Africa. This sentiment was outlined in a report issued by the
European Commission (EC) to the European Parliament, this week,
adding that African economic prosperity is essential to European
prosperity. The EC which is the EU's executive arm, said it is
becoming increasingly clear that Africa matters because of its
political voice, economic force and a huge source of human,
cultural, natural and scientific potential. -
BuaNews Online website
EU rebuffs
trade deal accusations - 31 October
European Union trade chief Peter Mandelson has denied accusations
that controversial new trade deals will be harmful to developing
nations. In a letter to the Guardian, Mr Mandelson said deals being
discussed with some 80 former colonies would help a shift from
"dependency" to "growth". But campaign groups, including Oxfam, want
talks to continue and say the deals are being rushed through. The EU
has warned that without the new deals, certain nations would miss
out. - BBC News website
SA won't 'roll over' on services trade with EU - 15 October
The European Union (EU) needs to scale down its ambitions for
accessing the service sector in southern Africa as it negotiates an
economic partnership agreement (EPA) with the region, said South
Africa's deputy trade minister Rob Davies. In an interview with the
Inter Press Service, published on the South African Press
Association (SAPA) website on Saturday, Davies said South Africa was
not prepared to "roll over" and accept an agreement that would not
meet the region's development targets. -
Creamer Media's
Engineering News website
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Middle East
Iraq
Iraq
to end contractor immunity - 1 November
The Iraqi government has approved a draft law revoking the
immunity from prosecution private security contractors enjoy under
Iraqi law. The law, which has been referred to parliament, would
revoke an order set up after the US-led invasion in 2003. The move
comes six weeks after the fatal shooting of 17 Iraqi civilians in
Baghdad by US firm Blackwater. Earlier, reports said the US state
department might have offered partial immunity to the guards
involved.
- BBC News
website
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United Kingdom
Courts
Police
guilty over Menezes case - 1 November
London's Metropolitan Police force has been found guilty of
endangering the public over the fatal shooting of a man officers
mistook for a suicide bomber. The force broke health and safety
laws when officers pursued Brazilian Jean Charles de Menezes to a
Tube station and shot him seven times, a jury found. It was fined
£175 000 with £385
000 costs over the 22 July 2005 shooting. The Old Bailey
jury said police chief Cressida Dick, who led the operation, bore
"no personal culpability".
- BBC News
website
Miscellaneous
Lords
consider Lotto rapist case - 1 November
The Law Lords are considering whether a victim of a rapist who won
millions on the lottery can sue him for damages. Iorworth Hoare,
from Leeds, who won £7m after buying a ticket on day release from
prison in 2004, attempted to rape the woman, known as Mrs A, in
1988. In 2005, a High Court judge ruled that a compensation claim
by Mrs A was outside the legal six-year limit. The Appeal Court
upheld that decision. The Law Lords will examine whether the
six-year law is fair. - BBC News
website
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United States, Canada
and South America
Canada
The lawyer who sued the law society, and won - 31 October
First Canadian needed a New Brunswick lawyer to help sue the Law
Society of New Brunswick for its alleged campaign to shut the
Oakville, Ont, company out of the local land title search
business, a core legal real estate practice. Accepting the
assignment meant Mr Morrison would be going up against many of his
local brethren and his own regulator, which polices the province's
1 500 lawyers. The lawyers spent six years and close to
half-a-million dollars alleging that the Law Society had
improperly expanded its powers in 2001 to thwart First Canadian.
Mr Underwood's legal digging uncovered embarrassing e-mails from
some Law Society members, one of whom railed against the "Yankee
ingenuity" of outside title insurers seeking to fill their pockets
with "New Brunswickers' dollars". The case got red hot in 2004,
when the intrepid legal team won a mistrial after a presiding
local judge revealed she had previously worked on the Law
Society's executive council. In a decision that will be required
reading for each of the country's 13 law societies and their
members, Judge Riordan chastised the 161-year-old Law Society for
introducing a new professional standard that was not only illegal,
but undermined New Brunswick legislation introduced in 2000 to
streamline the province's cumbersome and costly land title system.
- Globe and Mail
website
Courts
Court lets Liz Taylor keep van Gogh painting - 29 October
The US Supreme Court allowed actress Elizabeth Taylor to keep a
Vincent van Gogh painting on Monday, rejecting an appeal by
descendants of a Jewish woman who said she was forced to sell it
before fleeing Nazi Germany in 1939. The justices refused to
review a US appeals court ruling that dismissed the lawsuit
because the descendants waited too long to bring their claims
demanding that Taylor return van Gogh's "View of the Asylum and
Chapel at Saint-Remy". - Reuters
website
Rare gesture of
forgiveness in car wash tragedy? - 2 March
Cynics are questioning the motives of a Florida man who, after a
jury awarded nearly $7.6 million in compensatory damages against
the car wash responsible for his wife's death, dropped his claim
for punitive damages. - On
Point website
Entertainment
Industry
Hollywood studios and writers hit stalemate - 1 November
With hours to go before their contract was set to expire,
Hollywood screenwriters and studios deadlocked on Wednesday in
talks aimed at averting the first major strike against the film
and TV industry in 20 years. It was unclear what would happen
next, but leaders of the Writers Guild of America have ruled out
declaring an immediate walkout when their contract covering 12 000
members expires at 12:01 a.m. (7:01 a.m. British time) on
Thursday. - Reuters website
South America
Fury at
Puerto Rico pet killings - 13 October
Dozens of cats and dogs living in housing schemes in Puerto Rico
were reportedly thrown off a bridge by animal control workers. A
contractor hired by authorities in Barceloneta to enforce a no-pet
policy has been blamed, said Associated Press. Animal Control
Solution was tasked to take the pets to a shelter, not hurl them
off a bridge, the agency said. Outraged Mayor Sol Luis Fontanez
said he would sack the contractor. -
BBC News website
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International
Environment
Global
environment has radically changed, report - 31 October
The fourth Global Environment Outlook (GEO-4) produced by the
United Nations Environment Programme was launched on 25 October
2007, with the key message that the world has changed dramatically
over the past 20 years. The launch of the report was conducted
simultaneously in about 40 cities across the world, including
Johannesburg, South Africa and Port Louis, Mauritius. Both
countries are members of the Southern African Development
Community (SADC). Using the 1987 Brundtland Commission report,
Our Common Future, as a baseline, the GEO-4
: Environment for Development acknowledges that the
world has changed radically for both good and bad. The world
population has increased by 34 percent, trade is almost three
times greater, and the average per capita income has gone up by
about 40 percent. - allAfrica
website
Power plants are focus of drive to cut mercury - 29 October
Natural sources, such as volcanoes and forest fires, along with
industrial facilities in Asia, South Africa and Europe, are
responsible for most of the global airborne mercury pool,
according to a United Nations report. The hottest debate is
whether the mercury deposited in the USA comes from abroad or from
domestic industries. Maps compiled by the EPA, based on computer
simulations, indicate that mercury is not evenly deposited across
the continental US, suggesting local emissions may play a role, as
well. - USA Today website
Arctic muds reveal sea ice record - 15 October
A new technique to track changes in the extent of Arctic sea ice
over the past 1 000 years is being developed by a UK team from the
University of Plymouth. The scientists are studying sediments from
the sea bed in the fabled Northwest Passage. These muds may cast
valuable historical light on why some famous expeditions to the
region were successful while others were doomed to failure. The
research could also guide computer forecasts of future climate. -
BBC News website
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Miscellaneous E-Things
Whois
database targeted for destruction - 30
October
The long-running attempt by privacy advocates to bin the
Whois database will be up for vote at the ICANN meeting in Los
Angeles tomorrow. Cheerleaders for the
six-year-old "sunset proposal" say people shouldn't be required to
give up personal information to the web to register a domain name.
It is frequently abused by spammers and fraudsters, they argue.
Whois dates back to the early 1980s, when the internet was
comprised and used by trusted government and academic institutions.
The calls for registrars to be more discerning about who they
share Whois data with are opposed by law enforcement and lawyers.
They say that ease of access is central to its usefulness.
- The Register website
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