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

Issue no.35 - 9 November 2007

http://www.pmg.org.za/bills/01106b48-07.pdf **

Draft amendment to firearms control regulations
GenN 1325/GG 30401/26-10-07 *

Justice of the Peace and Commissioners of Oaths Act 16 of 1963

Designation of Commissioners of Oaths in terms of Section 6
GNR 1003/GG 30393/26-10-2007 *

Prescribing of Transnet Pension Funds as "Funds" for purposes of the Long-Term Insurance Act, 1998
BN 101/GG 30392/26-10-2007 *

*  Source : OSALL (Marina)
** Source : Mary

Judges query province spending millions to fight R5000 grant - 7 November
The Constitutional Court yesterday questioned the Eastern Cape government's spending of millions in taxpayers' money to oppose a R5000 claim by a disabled woman whose grant was terminated without notice. Deliwe Njongi's disability grant payments were stopped in November 1997 and reinstated in July 2000 after she was told to reapply. She was given R1 100 back pay when she should have been given R15 200. - allAfrica website

9 November 2007
600/06
Nortje v Die Staat [2007] SCA 140 (RSA)
Verkragting en onsedelike aanranding – alibi verweer op feite van die hand gewys – verweer van toestemming vir die eerste keer op appθl geopper – eweneens onsuksesvol – vonnis van 10 jaar gevangenisstraf vir verkragting opgelκ in terme van Wet 105 van 1997 – geen wesenlike en dringende omstandighede aanwesig nie
Not yet online

8 November 2007
302/06
Minister of Safety & Security v Bennett [2007] SCA 139 (RSA)
Search and seizure – whether execution of warrants issued in terms of s 21 of Criminal Procedure Act 51 of 1977 invalid – whether seizure of documents covered by warrant invalidated by simultaneous seizure at the same time of privileged documents not covered thereby

Court boosts Tigon sleuths - 9 September
Police investigators involved in the case against Tigon CEO Gary Porritt and fellow director Sue Bennett received a boost yesterday when the Supreme Court of Appeal ruled that seizure of documents by members of the office of serious economic offences was legal. Until yesterday the police had been prevented from accessing about 400 000 documents seized from three premises linked to Tigon because a Pretoria High Court judge had ruled that the search was "performed in an unconstitutional and unlawful fashion". The documents are central to their case, so the safety and security ministry and police appealed against the ruling. - Business Day website

8 November 2007
596/05
NDPP v Mahomed [2007] SCA 138 (RSA)
Search and seizure – materials seized pursuant to warrant invalidly issued in terms of s 29 of National Prosecuting Authority Act 32 of 1998 – whether appropriate for court setting seizure aside to make order for preservation of copies of materials seized pending possible prosecution of person whose materials were seized – purposes for which such order may be granted

8 November 2007
639/06
NDPP v Zuma & Hulley [2007] SCA 137 (RSA)
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague

8 November 2007
671/06
Thint v NDPP [20074] SCA 136 (RSA)
Search and seizure – search warrant – validity of – warrants issued in terms of s 29 of National Prosecuting Authority Act 32 of 1989 – whether references to suspected offences inappropriately vague

8 November 2007
232/2007
JG Zuma and Thint v NDPP [2007] SCA 135 (RSA)
Letter of request issued under s 2(2) of the International Cooperation in Criminal Matters Act 1996 – whether provisions of the section complied with – whether appellants have standing to challenge the validity of the request

Zuma to approach ConCourt - 8 November
ANC deputy president Jacob Zuma will approach the Constitutional Court for leave to appeal two of Thursday's Supreme Court of Appeal (SCA) judgments, said his lawyer. They would also "observe with keen interest" whether the rulings emboldened the National Prosecuting Authority to again indict Zuma on any charges, said Michael Hulley in a statement. - News24 website

S Africa court upholds state appeal in Zuma case - 8 November
A South African court ruling on Thursday could allow the revival of corruption charges against former Deputy President Jacob Zuma, widely considered a candidate to lead the ruling African National Congress. The Supreme Court of Appeal upheld an appeal by prosecutors against a lower court ruling that prevented them from using documents seized from Zuma, who was accused of bribery and fraud in connection with an arms deal, and his lawyer. - Reuters website

South Africa court blow for Zuma - 8 November
South Africa's former Deputy President Jacob Zuma could face new corruption charges after a court ruling. The Supreme Court upheld appeals made by the state against earlier rulings preventing prosecutors from using documents seized from Mr Zuma.The BBC's Peter Greste in Johannesburg says the latest judgements do not mean Mr Zuma will inevitably face trial but they do cast a dark shadow over his campaign to win the presidency of the ruling ANC. - BBC News website

Teachers want docked pay back - 7 November
Gauteng teachers are to ask the Johannesburg Labour Court tomorrow to compel the provincial education department to repay "unlawful" deductions from their salaries relating to this year's month-long public service strike. The Suid-Afrikaanse Onderwysersuine (SAOU) had obtained two similar orders against the KwaZulu-Natal and Limpopo education departments, SAOU Gauteng provincial secretary Chris Klopper said yesterday. - allAfrica website

Taxpayer wins court battle with SARS - 7 November
The South African Revenue Service (SARS) had once again come under fire from the tax courts for using unprofessional conduct against taxpayers. In a reported judgment which was only recently made available to the public, the Pretoria Tax Court held that SARS officials had acted in a "high-handed and reckless fashion" against a taxpayer. The court ordered SARS to pay costs on the attorney and client scale. - Business Day website

Tax judges 'need to be experts' - 10 August
These are taxing times for SA's tax courts, whose judges have been accused of not always having sufficient knowledge or experience to hear the cases that come before them. Although SA has specialised tax courts, these do not have their own judges but draw judges from other courts - many of whom have no specialist training in tax. - Business Day website

7 November 2007
13362/2007
ATM Solutions (Pty) Ltd v Olkru Handelaars CC and Absa Bank Ltd
This is an urgent application for a spoliation order. The applicant conducts the business of installing and maintaining automated teller machines at the premises of various retailers, of which the first respondent's convenience store, trading as Kwikspar Breedevallei in Worcester, is one. In terms of a written agreement with the first respondent which took effect on 1 June 2007, the applicant was allowed to install one of its ATM's within the first respondent's premises 'at a mutually agreed location'. In addition, the first respondent provided an electricity supply to the applicant's ATM device. The installation took place by way of shop-fitting with wooden panels around the ATM device, which was affixed to the floor by bolts and connected to the electrical output facilities of the premises. Until 19 September 2007, the applicant's ATM remained situated in the agreed position at the entrance to the first respondent's shop, where it was easily accessible to potential customers. In addition, the first respondent provided the necessary electricity supply to the ATM. On or about 19 September 2007 the first respondent – without the consent of the applicant – disconnected the electricity supply and removed the applicant's ATM to a storeroom on the premises, where it is inaccessible to customers. At the same time, an ATM device belonging to the second respondent, ABSA Bank Limited, was installed in the place and position previously occupied by the applicant's device. This conduct gave rise to the present application. The facts set out above are undisputed. The applicant claims that the first respondent's conduct amounts to spoliation. It accordingly claims an order 'that the respondents forthwith restore the installation of a 9960 ATM device–multi with serial number 8210797 to the position and in the manner it formerly occupied on the premises of the first respondent'. (At an earlier stage of the proceedings, the applicant sought contractual relief as an alternative to a spoliation order. At the hearing before me, however, the claim for contractual relief was expressly abandoned and the applicant's claim was restricted to spoliatory relief)

Court order on legal fees after delay of a year - 5 November
The department of home affairs has been ordered to pay legal fees to a Port Elizabeth law firm after it took them nearly a year to release a birth certificate belonging to the son of one of their clients. The order in favour of the firm Ungerer, Struwig, Hattingh & Peo was granted in the Port Elizabeth High Court last week. Judgment was given after Mandisa Matabese instructed the law firm to obtain the birth certificate of her son, Sive Mbali. - The Herald Online website

Knives are out in custody war - 7 November
Knives are out in the custody battle between South African-born Linda Berger and her estranged US husband Hal Berger. The latest claims in the saga are that the life of their four-year-old son Liam could be in danger if his father was allowed to see him. It is also claimed that Hal Berger had made death threats to the mother of his child and her boyfriend. Linda Berger abducted Liam a month ago in California, but she is now back in South Africa with her son. This is in contravention of an earlier court ruling ordering her to return with her son to California, where her husband lives. He has reported the matter to Interpol and she could possibly face abduction charges. Judge Willem van der Merwe said the case could have international ramifications, as South Africa was a co-signatory to the Hague Convention. He said that "someone was lying" in this case and that the court had to get to the bottom of it. - IOL website

Three cops Get life after suspect dies - 3 November
The Pretoria High Court has, for the second time in a week, sent out a strong message of zero tolerance when it comes to dealing with criminals. Judge Khami Makhafola on Friday sentenced two former police officers and a reservist to life imprisonment for killing a suspect they had interrogated. Even the 66-year-old Joachim Prinsloo's advanced age did not spare him the toughest sentence. Prinsloo, Magiel Burger and Felokwane Goqo were earlier convicted of kidnapping Sandy Botomane and killing him. All three were first offenders. - allAfrica website

Pretoria residents allowed to erect boom gates - 24 October
The Pretoria High Court has granted an interim order to the residents of the Lynwood Manor Estate, east of the city, allowing them to erect temporary access control structures within the crime plagued area. The urgent application follows the brutal rape and murder of a 51-year-old woman in her house last week. A three-year-old child was also shot and wounded a few days earlier. - SABC News website

Gardens gurus battle it out in court - 16 October
A thorny issue among family members - all directors of the well-known Safari Garden Centre in Lynnwood Road - was the subject of a Pretoria High Court urgent application on Monday. Barbara van Niekerk brought an application against her only sibling, Heiner Meyer, and her mother, Anna Meyer, whom she said were making business decisions by outvoting her. She indicated that this was only the first of several applications she intended launching. Van Niekerk asked the court to overrule her mother and brother's decision to have some indigenous trees at Safari destroyed and to stop them from moving rose bushes from the "sunny spot" where they are now to an "unsuitable shady area". - IOL website

Limiting TTD compensation 'unlawful' - 15 October
In a groundbreaking judgment, the Office of the Compensation Commissioner was yet again instructed by the Pretoria High Court to get its house in order - this time a practice which had been going on for the past 50 years had been declared unlawful. Judge Willie Seriti in September ruled that limiting compensation for temporary total disablement (TTD) was unlawful. Reimbursing injured workers for loss of income only when they were receiving medical treatment while unable to work was unlawful and undermined the rights of workers to social security, he found. - IOL website

Landlord's boot for Jo'burg Deeds Office - 8 November
The Johannesburg deeds office will be evicted from its inner-city office building later this month after it failed to come to terms with its landlord, ApexHi Properties, over a lease agreement. If the eviction goes ahead as planned on November 27, the administration of property deeds and titles in Johannesburg will be thrown into disarray, negatively affecting attorneys, estate agents, banks and property owners. ApexHi Properties, one of the largest property firms listed on the JSE, said yesterday that the Johannesburg High Court ordered on Tuesday that the deeds office be evicted on November 27. - allAfrica website

Deeds office closures hit SA market - 9 November
The South African real estate community is holding its collective breath to see whether the government will act to halt a public servant's strike that has already lead to the closure of two deeds offices. If government does not act in time the property industry stands to lose millions through the closures. Jeanne van Jaarsveldt, Marketing and Finance Director of RE/MAX of Southern Africa, called on the South African government to act soon to prevent massive damage to the country's economy. The ongoing public servants strike has already led to the closure of the Johannesburg and Pretoria deeds offices. In Johannesburg, according to Glenn Norton, owner of the RE/MAX Masters franchise, the Department of Public Works had apparently failed to pay rent and also did not renew the lease of the office. - Property24 website

Pension fund wins right to sue JSE for loss - 7 November
The Joint Municipal Pension Fund (JMPF) has won the legal right from the high court to try and sue the JSE for the R1,9bn the fund lost when trading on the maize futures market in 2003. If the case goes against the JSE it will set a nasty precedent that would seem to overthrow the "buyer beware" principle of the market - this principle advocates that investors do their homework and take cognisance of the risks before putting cash into dicey investments. - Business Day website

Johannesburg

Defence objects to recordings - 7 November
The defence in Judge Nkola Motata's case objected on Wednesday to the Johannesburg Magistrate's Court viewing recordings of Motata's alleged drunken rantings after a car accident. "The basis on which the contents of the video clipping should be accepted is in a ruling on admissibility. These recordings should not be considered by the court until this court has ruled on its admissibility," said defence advocate Danie Dorfling. On Wednesday a trial within a trial began to determine the authenticity, originality and admissibility of five video recordings. - News24 website

Human Rights Commission investigates evictions - 7 November
The South African Human Rights Commission has kicked off a public hearing to investigate complaints of alleged illegal evictions by residents in some parts of Johannesburg. The hearing on Wednesday and Thursday, regards complaints raised by residents of Kathorus (Katlehong, Thokoza and Vosloorus), Ennerdale and Lawley in Gauteng. - allAfrica website

Committee Minutes

Arts and Culture Portfolio Committee

6 November 2007
National Arts Council, Blind SA, Pan SA Language Board Annual Report 2006/7 Briefings

2 November 2007
Natal Museum and Voortrekker and Ncome Museum : Annual Report Briefings

Communications Portfolio Committee
* * * Subscription required * * *

2 November 2007
Electronic Communications A/B : Response to public submissions ; MDDA Board : Shortlisting

31 October 2007
Electronic Communications Amendment Bill : Hearings

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

6 November 2007
Justice Budget Monitoring Project (Open Society Foundation) ; South African Human Rights Commission Annual Report 2006/7

Provincial and Local Government Portfolio Committee
* * * Subscription required * * *

6 November 2007
Department's 2006/07 Annual Report Briefing

30 October 2007
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, Municipal Demarcation Board and Local Government Sector Education Training Authority 2006/7 Annual Reports : Briefings

Childrens Amendment Bill

Children's Bill goes before Parliament - 7 November
Social Development Minister Dr Zola Skweyiya delivered the second reading of the Children's Amendment Bill, which aims to improve children's living conditions in the country. Delivering the bill in the National Assembly in Parliament on Tuesday, Dr Skweyiya reiterated government's determination to ensure children grow up in a secure family environment and enjoy the rights and privileges they deserve. - BuaNews website

Electronic Communications Act

EC Act changes accepted - 8 November
All political parties approved the amendment to the Electronic Communications (EC) Act in the National Assembly yesterday. However, the debate showed marked differences in views of the role and scope of state intervention in the ICT industry. The EC Act Amendment Bill came before the main house of Parliament after having been introduced less than a month ago towards the end of the public debate on the Broadband Infraco Bill. - ITWeb website

Judicial Education Institute Bill

Judges' training bill approved - 8 November
The Judicial Education Institute Bill, the least controversial of new laws intended to transform the judiciary, has been approved unanimously by Parliament's justice committee. The original proposals, made some years ago, for judicial training raised an outcry because they put that training in the hands of government and not the judges. The bill approved yesterday puts control of the institution and its governing council in the hands of the chief justice. - allAfrica website

National Ports Act of 2005

Outrage at proposed ban on fishing in Durban - 2 November
Durban's subsistence fishermen have expressed outrage over the proposed ban on fishing in the country's ports and at being "shut out" of discussions on new draft regulations that aim to tighten security and environmental management of ports. The new regulations, under the National Ports Act of 2005, also have far-reaching implications for property developers and business. The deadline for comments to be submitted is November 19. - IOL website

South Africa

Top estate agencies to be probed for law-firm 'marketing' - 4 November
Two top estate agencies are under investigation over suspect deals with a major law firm. Pam Golding Properties and Seeff Residential Properties could end up losing their licences if found guilty of contravening the Estate Agency Affairs Board's code of conduct. The Sunday Times has established that the two property giants were charged by the board after they earned over R500 000 for referring clients to Smith Tabata Buchanan Boyes for conveyancing work. - The Times website

Ireland

Banks flooded the Law Society with complaints - 4 November
Last year the Law Society received nearly one complaint for every working day about solicitors who failed to comply with undertakings given for the purchase of properties. - Independent [Ireland] website

United Kingdom

Straw will not let judges return to private practice - 5 November
The convention banning judges from returning to private practice will remain in place after the Government today (5 November) issued its long-awaited response to a consultation paper on the controversial subject. The Lord  Chancellor and Secretary of State for Justice, Jack Straw, said lifting the prohibition would not increase diversity in the judiciary and that the ban would therefore remain in place. - legalweek website

Affirmative Action

Call to include freeborns in AA - 5 November
Trade union Solidarity is to ask Parliament to introduce an amendment act exempting the youth from affirmative action, it said on Monday. Spokesperson Dirk Hermann said the union would ask Parliament on Tuesday to consider the introduction of the Amendment Act on Freeborn South Africans. "The proposed amendment asks that the Employment Equity Act be amended to include all South Africans who have entered school since 1994 in the designated group, to benefit from affirmative action. - Fin24 website

Banking

Inroads from the East - 4 November
Every journey begins with a first step. While a few steps have been taken by China into resource-rich Africa, the country's growing influence has been thrown into the spotlight with the investment by the Industrial and Commercial Bank of China in Standard Bank - a deal totalling a staggering R36,7-billion. - Mail & Guardian website

Copyright

SA copyright : heading to be a dinosaur? - 4 November
Copyright in South Africa runs the risk of becoming an endangered species and ultimately suffering the fate of the dinosaur. The reason for this unhappy state of affairs is that, like all species which have faded away into extinction in the past, it is failing to adapt to changed and ever changing circumstances. The blame for this must be laid squarely at the door of the government. Article by Owen H Dean of Spoor and Fisher on the Mondaq website

Criminal Justice System

Criminal justice system to see changes - 8 November
A series of far-reaching changes in the country's criminal justice system are to see a complete turn-around, says Deputy Justice Minister Johnny de Lange. Briefing reporters on the Programme of Action of the government's Justice, Crime Prevention and Security (JCPS) cluster, Mr de Lange said a review of the criminal justice system had resulted in several major recommendations being made. - BuaNews Online website

More accessible court systems on the cards - 6 November
The Western Cape Justice and Constitutional Development Department's main goal is to "modernise" itself and create a system accessible to all which is "simpler, cheaper and faster", says its head. And the R219-million allocated for the department's 2007/08 financial year will be used for the operating of courts, compensation of employees, staff training and outreach programmes. This was said at the Athlone District Advice Office last week where Hishaam Mohamed, regional head of the department, was invited to explain changes to the department and how the community could work with it. - IOL website

Education

Govt to revive missionary schools - 11 November
In an attempt to revive and renew historic missionary schools, the Department of Education has established a project that intends to restore the culture of learning and teaching to these schools. Education Minister Naledi Pandor announced the public-private partnership of restoring African excellence in mission schools, during a centenary celebration of the Ndaleni Primary School in Richmond, Friday. - BuaNews Online website

Another school loses bid to stay Afrikaans - 26 October
Last week Hoerskool Ermelo lost its bid to remain an Afrikaans-only school, and Thursday Laerskool Doornfontein followed the same route. This school is situated in the Waterberg, about 20km from Modimolle (Nylstroom). The result of Thursday's Pretoria high court ruling is that Laerskool Doornfontein, after being an Afrikaans-only school for the past 114 years, will now also have to become a parallel medium school and cater for pupils in English. Two more schools - Hoerskool FH Odendaal in Pretoria and Laerskool Hekpoort in Magaliesburg - will soon also be heading to court to battle to retain their Afrikaans-only status. - IOL website

Environment

SA unveils plan to streamline EIA process - 5 November
Environmental Affairs and Tourism Minister Marthinus van Schalkwyk on Monday outlined a set of interventions to streamline the regulations and the general environmental impact-assessment (EIA) system of South Africa. These interventions ranged from adding capacity at provincial level to amending legislation. - Creamer Media's Engineering News website

EIAs vital for development, investment - 5 November
Environmental Impact Assessments (EIA) enable government to ensure environmental considerations are taken into account, when reaching important decisions on development and investment. Addressing the first regional conference of the International Association for Impact Assessment (IAIAsa) in Somerset West on Monday, Environmental Affairs and Tourism Minister Marthinus van Schalkwyk said EIAs should be recognised as important tools to this end. - allAfrica website

Forensic probe findings into depot blast - 5 November
A forensic investigation into the recent explosion and fire at the Island View Storage depot on the Bluff has found enough evidence for legal action to be taken against the company. The investigation found that the chemical storage tanks were incorrectly welded, leading to the September 18 fire becoming life-threatening and difficult to control. - IOL website

Mining will hit Wild Coast tourism hard - 5 November
The proposed Xolobeni dune mine on the Pondoland coast will have a significant negative affect on local tourism, according to a draft assessment of the mining project commissioned by the developer. Undertaken by Johannesburg- based consultancy GCS, the draft environmental impact assessment (EIA) has been made available for public comment at various libraries and schools, and also online. - The Herald Online website

See also http://www.xolobeni.co.za/

Finance

The policy debate that isn't - 7 November
The 2007 Medium-term Budget Policy Statement (MTBPS) released last week claims not to be a "mini-budget" but a policy document. As such it should therefore be welcomed, as policy continuity is currently a key issue in the SA economy, and fiscal policy continuity is of the utmost importance for overall policy continuity. With the inclusion of the 2010/11 budget year, the latest Medium-term Budget is the first to extend over a longer period than the term of office of the current government, notably that of the state president. (The 2009/10 budget will be finalised before the general election in 2009). - Article by Jac Laubscher on the ITINews website

Judicial Service Commission

Judicial watchdog clears Judge Hlophe - 5 November
Controversial Cape Judge President John Hlophe will not have to face impeachment proceedings, the Judicial Service Commission (JSC) said yesterday, ending months of public speculation about his fate. Speaking at a media briefing in Cape Town after the JSC meeting, Chief Justice Pius Langa said that although JSC members were divided on whether there was sufficient evidence to justify proceedings that could lead to impeachment, it was generally agreed the proceedings should not be pursued. - allAfrica website

Senior advocates come out against Judge Hlophe - 4 November
Seventeen senior advocates of the Johannesburg Bar Council have signed a petition supporting retired Judge Johann Kriegler's recent comments on embattled Cape Judge President John Hlophe. - The Times website

'Cover up' in Hlophe issue - 2 November
The Judicial Service Commission (JSC) has been lashed over its second "failed" attempt to explain why Cape Judge President John Hlophe will not be impeached. The JSC issued a second statement after pressure from the legal fraternity to provide clarity on the reasons for finding there was no "prima facie evidence of gross misconduct" against Hlophe. The statement attempts to elaborate on the JSC's findings on the four main charges against Hlophe. - Mail & Guardian website

Labour

Durban 2010 workers down tools - 7 November
More than a thousand construction workers downed tools in Durban on Wednesday morning and began protesting at the Moses Mabhida 2010 Soccer World Cup stadium, the National Union of Mineworkers (NUM) said. Msi Poswa, NUM's KwaZulu-Natal regional organiser and chief negotiator said after 11 hours of talks with the Group 5 - WBHO consortium management on Tuesday, no agreement had been reached. - News24 website

Land Affairs and Property

Land Bank report reveals shocking results - 8 November
Top Land Bank officials may face possible criminal proceedings after a damning forensic audit report was accepted by the cabinet on Wednesday. The report has been referred to the police and the National Prosecuting Authority for further action, the department of land affairs said on Wednesday. The report recommends criminal proceedings against individuals implicated in any form of financial mismanagement at the bank. It also calls on Land Affairs Minister Lulu Xingwana to review the composition and restructuring of the Land Bank's executive and non-executive management committees. - IOL website

There might be good news for some homeowners - 4 November
Property owners don't have to fear being bankrupted by new property rates to be implemented in most municipalities in July next year. While owners expect to pay more, as rates are to be charged according to the market value of the property and not just the land value, the metropolitan municipalities say the rate in the rand to be paid will actually decrease. - allAfrica website

Sales in execution rise as interest rates begin to climb - 28 October
According to Lightstone Risk Management, the recent trend of interest rate rises is beginning to have impact on the risk associated with lending into the residential property market. The number of notices of Sales in Execution (SiE) has begun to rise noticeably for the first time in over two years. SiE's arise where mortgage holders cannot afford their bond repayments, resulting in the bank foreclosing on the loan and selling the property on auction. - Rodney Hayter's website

Sandton site boasts R200m price tag - 5 November
An undeveloped 11ha property in Morningside, Johannesburg, near the Sandton central business district , is on the market for R200m. Although Pam Golding Properties and JHI, the agents selling the land, are refusing to divulge any details, it is understood the guiding price for the site is R200m. The land is located on the eastern side of East Avenue and south of Morningside Ext 167. The land has been "earmarked for residential, hospitality and other institutional applications". The site is a mere 2km from Sandton City and the soon-to-be-built Gautrain station. But an independent broker said the site had zoning limitations on what could be done with it. - allAfrica website

Rms for CT from property disposal - 2 November
The City of Cape Town hopes to make about R100-million through its programme of putting unused municipal land out to tender, according to Simon Grindrod, the mayoral committee member for economic, social development and tourism. Since the introduction of the City's Property Disposal Programme, which started earlier this year, the City has released four tenders, which include 25 industrial properties at Atlantis. Of the 25 in Atlantis, 16 properties were awarded to industrial projects. Seven sale agreements have already been completed. – Cape Business News website

'SA property developers failing the poor' - 8 November
An Irish property developer whose charity has built thousands of homes for South Africa's poor in recent years on Thursday called on the government to compel other developers to follow his example. Niall Mellon called for a shift in the burden of housing provision from the SA government to property developers. "Developers should be compelled to channel the profits from an average 20 percent of whatever construction they are undertaking into the low-cost sector," Mellon said in Cape Town, where 1 380 Irish volunteers with the Niall Mellon Township Trust are putting the final touches to 200 homes in Freedom Park township. - IOL website

Land claim puts brake on mall and casino plans - 8 November
The future of a R309-million mall development in Mthatha hangs in the balance as authorities await the outcome of a land claim filed almost 10 years ago. And plans for a R215m casino adjacent to the mall have also stalled after details of the claim by a local community. Developers are now blaming the King Sabata Dalindyebo (KSD) municipality for allowing them to proceed with the two projects without disclosing the land claim. At stake is an eight hectare plot in Nkululekweni, near the Holiday Inn on the N2, where Landmark Pty (Ltd) have started levelling ground for their proposed shopping mall. Next to it is another 10 hectare strip of land earmarked by Permont Global Mthatha for the casino. Construction of the casino was meant to start in February. - Dispatch Online website

Menlyn residents see red as house row rages - 5 November
Developers of a proposed commercial site in Menlyn are embroiled in a tussle with residents who are refusing to let go of their properties at "low" prices. But a large number of residents have apparently accepted the developers' offers and have moved on. Those rejecting the offers claimed they are being bullied into selling their homes for a fraction of the value to make way for the new construction. When the development precinct was proposed, details about the development - which includes a 20-storey building, office parks, hotels, apartments and units - were shrouded in secrecy, they claim. - IOL website

Eskom resorts to land expropriation as farmers delay R15,5bn transmission roll-out - 5 November
State power utility Eskom claims to be expediting regulations to enable it to expropriate land it requires for transmission-line servitudes, because the acquisition process is said to be taking too long. The utility has also made it apparent that most of the delays relate to land owned by non-South Africans, many of whom are absentee landlords. - Creamer Media's Engineering News website

Department cracks down on sub-standard builders - 8 November
The national housing department has commissioned the National Home Builders‘ Registration Council (NHBRC) to conduct a forensic audit on selected state-funded housing projects, starting in Transkei, to determine the extent of sub-standard housing in the Eastern Cape. The move was prompted by housing delivery woes in the province, which was allocated R1,05-billion this financial year by the national government for housing delivery. Contractors who have done shoddy work, and those who have abandoned construction sites after having been paid, will be tracked down and made to repay the money, be suspended or deregistered. The national housing department has also obtained a presidential proclamation to investigate cases of fraud and corruption in housing delivery. - The Herald Online website

Media

Guess who's buying the press - 8 November
On paper, there was nothing odd about Koni Media Holdings, a company with interests in advertising, wanting to buy Johnnic Communications, known as Johncom, one of South Africa's four leading media groups - except that the prospective buyers include several close allies of the president, Thabo Mbeki. One is his former chief of protocol, another is a special adviser. No less to the point, the newspapers they would like to buy, for a tidy 7 billion rand ($1 billion), are among the most critical of Mr Mbeki's government. In a country that has enshrined press freedom in its constitution, many feel there is a conflict of interest. - The Sowetan website
Keyphrases :
Business Day
Financial Mail
Sowetan
Sunday Times
Times

Minerals and Energy

Whatever we do on royalties won't hurt mining industry, Sonjica assures - 6 November
Ongoing discussions on mining royalties within the National Treasury, the Department of Minerals and Energy and the Chamber of Mines would ensure that the mining industry was not hurt by their imposition, Minerals & Energy Minister Buyelwa Sonjica said on Tuesday. "We are very mindful that the mining industry is the goose that lays the golden eggs, so there is no way that we will do anything that will hurt it," Sonjica told Mining Weekly Online. "We will act responsibly in the way we handle the royalty issue," she assured. - Creamer Media's Mining Weekly website

Royalty legislation to unlock investment potential : Sonjica - 6 November
In an effort to comfort investors in the mining industry, South Africa's government stressed on Tuesday that its proposed mining legislation amendments would not be irresponsible, and would open up new opportunities for investment. - Creamer Media's Mining Weekly website

Mining sector 'confused' by leaked Congo licence report - 6 November
The leak of a document at the weekend, pre-empting the outcome of the long-awaited Democratic Republic of Congo government review of mining licences, has thrown SA's mining sector into confusion. Mining companies with activities in the Congo include Nikanor, Metorex, AngloGold Ashanti, BHP Billiton, Anvil Mining, Katanga Mining, First Quantum, Freeport McMoran and De Beers. Some of these companies have invested considerable sums not only in mining operations but also in supporting infrastructure. - allAfrica website

EDI aims for positive transition to REDs - 6 November
Electricity Distribution Industry (EDI) Holdings, which is tasked with the facilitation and restructure of South Africa's electricity distribution industry, said that closer ties were being forged with the Financial and Fiscal Commission to ensure that municipal fiscus and revenue were not negatively affected by the establishment of Regional Electricity Distributors (REDs). The restructuring of the highly fragmented electricity distribution industry will ultimately result in six REDs becoming operational as from 2008. - Business Report website

SA's first new nuclear plant to be operational by mid-2015 - 5 November
State-owned power supplier Eskom has set June 30, 2015, as the date that it wants to have its first new nuclear reactor up-and-running by, and hoped to commission new reactors at intervals of six to twelve months thereafter, an official said on Monday. In September, the firm said that it had short-listed French nuclear giant Areva, and international nuclear-technology group Westinghouse Electric Company as potential builders for what would be South Africa's first nuclear power plant in more than 20 years. - Creamer Media's Engineering News website

Global nuclear renaissance can create thousands of jobs - 5 November
South African uranium mines will provide some 5 000 jobs over the next five years, Minerals and Energy Minister Buyelwa Sonjica said on Monday. This was a result of the global nuclear renaissance, which could see the amount of nuclear reactors in the world nearly doubling to 730 by 2030, from the current amount of 438. - Creamer Media's Engineering News website

Municipal Management and Procedure

Cape Town

City terminates Greenmarket lease - 5 November
At the end of the coming festive season, the City of Cape Town is to embark on a major program to upgrade one of the most popular tourist attractions in the CBD, the historic Greenmarket Square. To facilitate this process, the City, as owner of the property, has terminated the lease which Mr Badih Chabaan previously administered in respect of most of the Square and, as of the first of December, the City will resume possession and control of the property and the management of that section of the informal trading market previously controlled by Mr Chabaan. - Cape Business News website

Property valuations - Cape completes Phase Two - 5 November
The City of Cape Town has completed its first supplementary valuation roll of more than 20 000 properties since the general valuation of July 2. The values reflected on this roll are for those properties that were incorrectly omitted from the general valuation roll, for new buildings, those subdivided or consolidated, significantly over or under-valued or where the market value has substantially increased or decreased since the last valuation. - allAfrica website

Name Changes

Locals to have their say on name changes - 6 November
Government plans to hold countrywide public hearings early next year on the issue of name changes, social development minister Zola Skweyiya said on Tuesday. Addressing a media conference in Cape Town on the work of government social sector cluster departments, Skweyiya said public hearings on the standardisation of geographical names in South Africa would be held in March 2008. - IOL website

Provincial and Local Government

Dplg to report back to Portfolio Committee - 5 November
The Department of Provincial and Local Government (dplg) is to present its Annual Report for the 2006/07 financial year to the Portfolio Committee on Provincial and Local Government. - allAfrica website

Social Development

Govt to even out child subsidies - 6 November
Government's social cluster is to address the inconsistencies in subsidies for children in institutions of care and poverty stricken households. Addressing the media at a social cluster briefing on Tuesday, Minister of Social Development Zola Skweyiya said at the moment poorer provinces were only subsidising children by R5 while others in urban areas received a R9 subsidy per child per day. - BuaNews Online website

Sport and Recreation

Away with quotas, in with non-racial teams - 8 November
President Thabo Mbeki says the nation must do away with quotas in national sport and focus on non-racialism, while allocating resources to communities where certain sporting codes are not established. "Away with quotas, in with non-racial teams," President Mbeki said during his oral replies to MPs in the National Assembly Thursday. "Addressing these matters of unity, social cohesion, it is an important issue, as honourable Khompela says, indeed we should have a comprehensive policy that addresses the question of what is it that we want to do". - BuaNews Online website

PSL rules in favour of players - 6 November
South African Football Players Union has made a major breakthrough at the PSL's office on Tuesday morning when the Dispute Resolution Chamber awarded them R135 000 for players involved in disputes with their respective clubs. These involved breach of contract, unpaid salaries and signing on fees for David Fortuin against Jomo Cosmos, and Musa Sishi, Lesley Langa and Maome Jerome against Durban Stars. The two clubs were given 30 days to pay the players. - News24 website

Trade and Industry

Government rift over tariff policy deepens - 7 November
The department of trade and industry's disagreement with the treasury on tariff policy appears to have deepened after trade and industry minister Mandisi Mpahlwa said yesterday that liberalisation at any cost was not the route to go. This apparently contradicts finance minister Trevor Manuel, who said in his medium-term budget last week that competition needed to be fostered through "tariff reform". - Business Report website

Steel import tariffs removed to boost competitiveness - 7 November
Tariffs on imported steel have been removed in a bid by government to make steel cheaper for users, writes Shaun Benton. This comes as a debate ensues among economic strategists - in South Africa's domestic economy and in the context of the World Trade Organisation's negotiations - as to the merits or otherwise of comprehensive tariff reform. Speaking on Tuesday, Trade and Industry Minister Mandisi Mpahlwa said apart from allowing firms which use steel in their products to become more competitive, the abolition of the tariffs on imported carbon- and stainless steel will also promote competition among upstream steel industries. - BuaNews Online website

SA reviews duties on chemical, aluminium and textile inputs - 7 November
A comprehensive review of tariff protection on certain upstream industrial inputs, including chemicals and plastics, textile for apparel and clothing, and aluminium, has been launched by the International Trade Administration Commission of South Africa (Itac). The organisation, which falls under the aegis of the bigger Department of Trade and Industry, said the review was in line with the recently released National Industrial Policy Framework (NIPF) and associated action plan. - Creamer Media's Engineering News website

Final biofuels strategy handed to Cabinet - 6 November
South Africa has finalised its strategy on biofuels, which Cabinet will now consider, a top government official said on Tuesday. Minister of Trade and Industry Mandisi Mpahlwa told a media briefing in Pretoria that an interministerial committee had finalised the strategy, suggesting some changes, and that it would now go to Cabinet, which would consider the structure and length of incentives. - Creamer Media's Engineering News website

Miscellaneous

Is tracking serial killers 'mumbo jumbo'? - 8 November
With the establishment of the Investigative Psychology Unit, a specialised unit within the SAPS, in 1994, it soon became apparent that South Africa was producing serial killers at a rate that equalled and possibly even superseded that of the US and Russia. Micki Pistorius was the first profiler in the country. Her ground-breaking work prompted legendary FBI profiler Robert Ressler to acknowledge that she was one of the finest practitioners in her field worldwide. The psychologist was involved in more than 30 murder cases and trained more than 170 detectives in investigative psychology. - IOL website

New book reveals history of battle for Diwali in SA - 4 November
A new book on Indian indentured labourers reveals that this year marks the centenary of official Diwali celebrations in South Africa. Authors Ashwin Desai and Goolam Vahed stumbled on the information during their research for Inside Indenture, which was released this week. Desai said their research led them to an important movement called the Hindu Young Men's Association, which was formed in 1907 and organised the first communal Diwali celebrations in a hall. - The Times website

Alone and overlooked - 7 November
While the United Nations Millennium Development Goals aim to empower women and eradicate poverty, Southern African inheritance practices are having the opposite effect - leaving widows impoverished, maligned and separated from their own children, says a recent study out of Mozambique. The study by Save the Children highlights how tradition - which dictates that the man's family can devolve the deceased's assets among themselves - leads to widows being made scapegoats for their husbands' deaths and losing custody of their children. Maria Delia and Isauru Mandlate, part of the team that conducted the study for the Save the Children Foundation in Mozambique, say that in addition to dealing with bereavement, a widow faces the immediate loss of her home and all her possessions. - Mail & Guardian website

Zimbabwe

Zim judges, magistrates strike - 3 November
Zimbabwe's judicial system has ground to a halt following a nationwide strike by magistrates, judges and prosecutors for higher wages, according to state radio on Saturday. It said magistrates courts all over the country were deserted on Friday, except for a few police officers acting as prosecutors in minor cases, while criminal courts in the high courts in major centres were also unstaffed. - News24 website

Anti-Terrorism

Terrorism 2002-2005
Federal Bureau of Investigation website

Courts

President Mbeki says US court ruling on apartheid claims smacks of "judicial imperialism" - 8 November
A recent US court ruling that might clear the way for federal lawsuits against multinational companies accused of profiting from apartheid smacks of "judicial imperialism", President Thabo Mbeki said Thursday. Mbeki said that it was up to South Africa to decide its own destiny and not a judge in New York. His government had earlier expressed fears that the threat of lawsuits against big business may damage confidence and undermine the drive to attract more foreign investment. - PR-Inside website
Keyphrase :
United States. 'Apartheid Case'

Environment

California sues US over car fumes - 9 November
California is suing the US federal government over its failure to back the state's tough new anti-pollution laws regulating greenhouse gas emissions. Two years ago, California passed legislation requiring car-makers to cut vehicle emissions by 30% by 2016. But for the measure to take effect, the Environmental Protection Agency (EPA) must give its approval. - BBC News website

US says South Africa impedes UN motion to condemn rape as a tactic -  8 November
The United States accused South Africa on Thursday of obstructing an American-drafted General Assembly resolution that would specifically condemn rape and sexual abuse used by governments and armed groups to achieve political and military objectives. While the resolution does not mention any countries by name, the Bush administration has cited accusations that rape was being employed by soldiers and militia members as a tactic for intimidation and warfare, notably in Sudan and Myanmar. - New York Times website

Persuading judges in writing : tips for lawyers (and how technology can help) - 30 October
In this short article, I explain how a good writing style can help lawyers to persuade judges. I then provide some practical tips. I have compiled these tips after reading Michael Smith's excellent book, Advanced Legal Writing. The main persuasion processes Smith describes come from classical rhetorical theory. In classical rhetorical theory, the three processes of persuasion comprise logic, emotion, and credibility. Your writing style can affect all these persuasion processes. - Article by Troy Simpson on the LLRX website

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