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

Issue no.37 - 30 November 2007

29 November 2007

Law Society Adopts Legal Services Sector Charter

The Council of the Law Society of South Africa (LSSA) and its constituent members has unanimously adopted the Legal Services Sector Charter. 'This is a historic achievement and a milestone for the profession,' say LSSA Co-Chairpersons David Gush and Henry Msimang.

The unanimous adoption of the Charter by the LSSA's constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – illustrates the commitment of the attorneys' profession to transformation and the Charter as a binding and guiding principle to provide for an independent legal profession and to eradicate the inequalities of the past. The LSSA will now, together with the advocates' profession, start the process of drafting the scorecards to apply and measure compliance with transformation within the profession.

The Co-Chairpersons say the LSSA's commitment to transformation is reflected in the sentiments expressed in the Charter. These include the recognition that, while significant progress has been made in restructuring and transforming our society and its institutions, systemic inequalities and unfair discrimination remain deeply embedded in social structures, practices and attitudes, undermining the aspirations of our constitutional democracy. There is also the recognition that a strong, independent and representative legal services sector and profession is essential for the protection of the rights contained in the Bill of Rights and the right of access to justice for all.

In the Charter, both the legal profession and the Government make a number of undertakings to achieve its objectives. Among these are commitments by the legal profession to

The LSSA has participated actively in the discussions on the Charter since the first draft was launched in August 2006. Since then the Charter has undergone a number of redrafting culminating in a final Charter at the end of November. The Council of the LSSA adopted the Charter at its meeting on 29 November 2007. The legal profession hopes to hand the Charter officially to Minister of Justice and Constitutional Development, Brigitte Mabandla, early in December.                   

For further information, please contact the Chief Executive Officer of the Law Society of South Africa, Raj Daya, at
Telephone : 012-366 8800 or 083-447 9398
E-mail : rajdaya@lssa.org.za

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa

by Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 or 083-380 1307
E-mail : barbara@lssa.org.za
Website : http://www.lssa.org.za

[B17C-2007] *
[B170D-2007] *

Broadband Infraco Bill, 2007

[B26C-2007] *
[B26D-2007] *

Children's Amendment Bill, 2006

[B19E-2006] *
[B19F-2006] (reprint) *

Choice on Termination of Pregnancy Amendment Bill, 2007

[B21A-2007] *
[B21B-2007] *

Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 200

[B50C-2003] *

Cross-Border Road Transport Amendment Bill, 2007

Notice of intention to introduce
GN 1092/GG 30485/23-11-2007 *

Draft Housing Development Agency Bill, 2007

Published for comment
GenN 1252/GG 30436/26-10-2007 *

Judicial Service Commission Amendment Bill

[B50-2007]
http://www.pmg.org.za/bills/071120b50-07.pdf **

Revenue Laws Amendment Bill 42 of 2007

http://www.sars.gov.za/legislation/Bills%20Memos/Current%20Bills/2007/RLAB%2042.pdf *

Revenue Laws Second Amendment Bill 43 of 2007

http://www.sars.gov.za/legislation/Bills%20Memos/Current%20Bills/2007/RLSA%20Bill%2043.pdf *

Securities Transfer Tax Bill 44 of 2007

http://www.sars.gov.za/legislation/Bills%20Memos/Current%20Bills/2007/SST%20Bill%2044-07.pdf *

Securities Transfer Tax Administration Bill 45 of 2007

http://www.sars.gov.za/legislation/Bills Memos/Current Bills/2007/SST Admin Bill 45-07.pdf *

South African Express Bill, 2007

[B14C-2007] *
[B14D-2007] *

Amendment regulations published under GNR 1044/GG 30435/02-11-2007 corrected
GNR 1093/GG 30486/23-11-2007 *

Regulations relating to debt collectors : amendment
GNR 1044/GG 30435/02-11-2007 **

Draft Regulation for the Electricity Expropriation

For public comment
GN 1612/GG 30440/09/11/2007 **

Firearms Control Amendment Regulations, 2007

For general information and comment
GenN 1325/GG 30401/26-10-2007 **

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

Regulations for the issuing of certificates by the Council for General and Further Education and Training Quality Assurance : Amendment
GNR 1035/GG 30425/31-10-2007 **

Local Government : Municipal Finance Management Act 56 of 2003

Draft Municipal Asset Transfer Regulations
Published for comment
GenN 1634/GG 30464/13-11-2007 *

National Credit Act 34 of 2005

Notice of intention to amend regulations published under GNR 489/GG 28864/31-05-2006 published for comment
GenN 1651/GG 30466/12-11-2007 *

Marketing of Agricultural Products Act 47 of 1996

Establishment of statutory measure

Determination of guideline prices : levy on cattle, sheep, goats, meat products, hides and skins
GNR 1030/GG 30422/29-10-2007 **

Records and returns by abattoirs and other role-players in the read [sic] meat industry
GNR 1031/GG 30422/29-10-2007 **

Records and returns by milk products
GNR 1038/GG 30430/01/11/2007 **

Registration of milk producers
GNR 1039/GG 30430/01-11-2007 **

Registration of role-players in the read [sic] meat industry
GNR 1032/GG 30422/29-10-2007 **

Wine Industry : Amendment of statutory measures and determination of guideline prices
GNR 1033/GG 30423/01-11-2007 **

National Water Act 36 of 1998

Regulations on financial assistance to resource poor farmers
GNR 1036/GG 30427/31-10-2007 **

Older Persons Act 13 of 2006

Draft regulations relating to Chapter 2 of the Act
Publication for comment
GenN 1327/GG 30408/02/11/2007 **

Draft regulations relating to Chapter 3 of the Act
Publication for comment
GenN 1328/GG 30408/02/11/2007 **

Draft regulations relating to Chapter 4 of the Act
Publication for comment
GenN 1329/GG 30408/02/11/2007 **

Draft regulations relating to Chapter 5 of the Act
Publication for comment
GenN 1330/GG 30408/02/11/2007 **

Delegation of competency to person
GenN 1331/GG 30412/31-10-2007 **

Department of Public Works

Draft Policy on the Expropriation Bill : Expropriation for public purpose in the public interest published
GenN 1654/GG 30468/13-11-2007 *

Independent Communications Authority of South Africa

Categorisation of frequency for community sound broadcasting services in the authority's frequency spectrum plan
GN 1365/GG 30429/GG 01/11/2007 **

National Forests Act 84 of 1998

Republication of invitation to submit written comments on the proposed declaration of Kathu Forest as a protected woodland under section 12(1)(c)
GN 1037/GG 30428/31-10-2007 **

National Nuclear Regulator Act 47 of 1999

Co-operative agreements concluded in terms of sections 6(2) and published in terms of section 6(4) of the Act
GN 1014/GG 30406/02-11-2007 **
GN 1015/GG 30407/02/11/2007 **

Public Finance Management Act, 1999

Exemptions published
GN 1110/GG 30485/23-11-2007 *

Ministerial Committee to draft a Green Paper on a Revamped Adult Education and Training System for South Africa
GN 1025/GG 30419/29-10-2007 **

Statement of the National and Provincial Government's Revenue, Expenditure and National Borrowing as at 30 September 2007
GN 1034/GG 30424/30-10-2007 **

South African Qualifications Authority

National Standards Bodies Regulations

Standards Generating Body (SGB) for Communications Studies
GN 1016/GG 30409/02-11-2007 **

Standards Generating Body (SGB) for Inclusive Education
GN 1021/GG 30409/02-11-2007 **

Standards Generating Body (SGB) for Marketing
GN 1018/GG 30409/02-11-2007 **

Standards Generating Body (SGB) for Manufacturing and Assembly Process
GN 1019/GG 30409/02-11-2007 **

Standards Generating Body (SGB) for Primary Agriculture
GN 1017/GG 30409/02-11-2007 **

Standards Generating Body (SGB) for Transport, Operations and Logistics
GN 1020/GG 30409/02-11-2007 **

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

28 November 2007
CCT 78/06
Chirwa v Transnet Limited and Others

Hulley claims raids were unconstitutional - 29 November
African National Congress deputy president Jacob Zuma and his lawyer Michael Hulley are claiming in papers filed with the Constitutional Court on Wednesday that search-and-seizure raids by the Scorpions invaded their constitutional right to privacy, and dignity. In the papers filed with the court, Hulley claims that the raids are so controversial that although the Supreme Court of Appeal ruled in the state's favour, the "judicial process" was equally divided over the raids. - IOL website

Shaik to get money for appeal - 29 November
The state is set to release some of Schabir Shaik's R40-million which it is holding under curatorship pending the outcome of a Constitutional Court appeal over the confiscation of the money. But it was unlikely that Shaik would get the R2,5-million he wants to fund the court battle. Last week the imprisoned businessman, through his lawyer Reeves Parsee, made an urgent application in the Durban High Court for the money to be released, saying that while he and his companies had substantial assets and working capital, they had little cash to fund the appeal. - IOL website

MEC fails to respond to Chief Justice's order - 16 November
Eastern Cape social development MEC Sam Kwelita had by yesterday not responded to directions from Chief Justice Pius Langa that he show cause why he should not be ordered to pay from his own pocket the legal costs of a disabled woman whose grant was stopped without notice for nearly three years. When the Constitutional Court heard the case of Deliwe Njongi this month, the judges questioned the province's spending of millions in taxpayers' money to oppose a R5000 claim by Njongi. Judges Sandile Ngcobo and Zac Yacoob asked counsel for Kwelita Glenn Goosen why the MEC should not pay the costs out of his own pocket. - allAfrica website

MEC hits back at ruling of top court - 26 November
Eastern Cape social development MEC Sam Kwelita does not believe that his conduct, or that of officials in his department, can be described as frivolous and vexatious. Kwelita was responding to directions from Chief Justice Pius Langa, who asked him to show cause why, irrespective of the outcome of the application by a woman whose grant was terminated without notice, he should not be ordered to pay the woman's legal costs out of his own pocket. - allAfrica website

29 November 2007
27/07
Shaikh v Standard Bank [2007] SCA 168 (RSA)
The erroneous reference to a statutory provision or failure to refer to the applicable section does not render a notice for recovery of Vat by SARS invalid

29 November 2007
673/06
Allaclas Investments (Pty) Ltd & Another v Milnerton Golf Club & Others [2007] 167 SCA (RSA)
Neighbour law – nuisance – golf course – reasonable steps to avoid excessive strikes by badly hit golf balls

29 November 2007
055/07
Aartappel Koöperasie Bpk v Pricewaterhousecoopers [2007] SCA 166 RSA
Security for costs – exercise of discretion in the strict sense by trial court – appeal against – necessary to show material misdirection
Cited as Not Reportable

29 November 2007
31/2007
Millennium Waste Management v Chairperson Tender Board [2007] SCA 165 (RSA)
The award of tenders constitutes administrative action and consequently must comply with requirements of the Promotion of Administrative Justice Act 3 of 2000 and s 217 of the Constitution

29 November 2007
320/07
Hammond v State  164 [2007] SCA (RSA)
Appeal against conviction and sentence for drug-dealing in terms of s 5(b) of the Drugs and Drug Trafficking Act 140 of 199 : whether evidence of a police trap was admissible in terms of the Criminal Procedure Act 51 of 1977. Appeal against conviction dismissed ; sentence reduced from 12 to five years' imprisonment, two of which suspended

29 November 2007
015/07
Hosmed Medical Aid Scheme v Thebe Ya Bophelo Healthcare [2007] SCA 163(RSA)
Order of High Court, Pretoria setting aside an arbitration appeal tribunal's award confirmed on basis that tribunal had exceeded its powers.  Dispute referred to new appeal tribunal in terms of s 33(4) of the Arbitration Act 42 of 1965

29 November 2007
042/07
Be Bop a Lula v Kingtex [2007] SCA 162 RSA
Compromise - cheque sent in 'full and final settlement of account' – whether offer of compromise – deposit of cheque – whether acceptance of offer of compromise

29 November 2007
175/07
Bezuidenhout v Director of Public Prosecutions [2007] SCA 161 (RSA)
Criminal procedure – appeal – special entry – application for – duty of judge ; Criminal procedure – appeal – further evidence – application to admit – duty of judge ; Criminal procedure – trial – application for postponement after conviction to consult expert in relation to sentence – refusal – approach of court

29 November 2007
447/07
Carmel Trading Company Limited v CSARS [2007] SCA 160 (RSA)
Civil procedure - preservation order - sale of goods in foreign jurisdiction

Court dismisses King's appeal over jet - 30 November
The Supreme Court of Appeal yesterday dismissed an appeal by Carmel Trading Company, a company owned by entrepreneur Dave King, who was assessed to be owing the taxman more than R900m from as far back as 2002. The issue concerned a Falcon 900B executive jet owned by Carmel that was flown out of the country in 2003 when the commissioner of the South African Revenue Service (SARS) wanted to have the jet sold and the proceeds kept in trust pending the finalisation of the litigation against King. - allAfrica website

29 November 2007
89/07
Chagi v Special Investigating Unit [2007] SCA 159 (RSA)
Special Investigating Units established in terms of Act 74 of 1996  - separate juristic entities – liability for the wrongful acts of the one does not devolve upon the other

29 November 2007
660/2006
L Venter obo A Klaasen v Road Accident Fund [2007] SCA 158 (RSA)
Claim for damages arising out of injuries sustained by a pedestrian in a hit and run motor vehicle accident – whether negligence of the driver established by the single eyewitness account and by inferences to be drawn from the facts

28 November 2007
062/07
Shabalala v Metrorail  [2007] SCA 157 (RSA)
Commuter shot and robbed on train – action for damages – Metrorail could not be expected to have had a security guard in each and every carriage

28 November 2007
511/2006
Price v Minister of Correctional Services [2007] SCA 156 (RSA)
Meaning of 'date of release' in s 276A(3)(a)(ii) of Act 51 of 1977 in relation to a prisoner to whom the provisions of Act 8 of 1959 relating to placement under community corrections are applicable – Person serving a sentence on parole not entitled to have sentence reconsidered in terms of s 276A(3)(a)(ii) of Act 51 of 1977

28 November 2007
640/06
MEC for Education v Strauss [2007] SCA 155 (RSA)
South African Schools Act 84 of 1996 – s60 - Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) – s35 – educator doing part-time discus training injured – whether s35(1) of COIDA applicable

28 November 2007
176/2006
Cecil Nurse (Pty) Ltd v Nkola [2007] SCA 154 (RSA)
Contract – clause requiring alterations to a suretyship agreement to be 'agreed to in writing by the creditor' to be binding – whether creditor precluded from relying on terms of suretyship agreement presented to it by surety duly executed but subsequently alleged by surety to have been presented by mistake

28 November 2007
171/06
Minister of Land Affairs and Agriculture v D & F Wevell Trust [2007] SCA 153 (RSA)
Motion proceedings : requirements that must be satisfied where a respondent, who is not able to deliver affidavits deposing to a defence, requests a referral to oral evidence or trial, set out

28 November 2007
521/06
Body Corporate of Greenacres v Greenacres Unit 17 CC [2007] SCA 152 (RSA)
Sectional Titles Act 95 of 1986 : Arbitration: Management rule 71(1) interpreted

28 November 2007
303/07
Appels v The State [2007] SCA 151 (RSA)
Appeal against conviction for murder dismissed. No reasonable possibility that accused's version may be true

28 November 2007
368/06
NDPP v Vermaak [2007] SCA 150 (RSA)
Prevention of Organised Crime Act 121 of 1998 – instrumentality of an offence – motor vehicle driven under the influence of intoxicating liquor – whether appropriate that vehicle be forfeited

28 November 2007
576/06
DG Department of Home Affairs v Mavericks Revue CC [2007] SCA 149 (RSA)
Immigration Act and Regulations – corporate permit – whether work permit for a corporate worker attracts the fee payable for a general work permit contemplated by s 19 – discretion to require security for repatriation – whether properly exercised

28 November 2007
543/06 ; 314/07
Road Accident Fund v Rampukar ; Road Accident Fund v Gumede [2007] SCA 148 (RSA)
Section 3(1)(a) of Act 41 of 2001 – jurisdiction under s19 of Supreme Court Act 59 of 1959 on part of transferring court not a requirement – operation of section not limited to areas affected by change of jurisdiction under s2 of the Act

26 November 2007
672/2006
CSARS v Airworld CC [2007] SCA 147 (RSA)
Revenue – Secondary Tax on Companies – when payable where loans made to a discretionary trust – interpretation of the word 'beneficiary' in definition of
'recipients' in s64C as it read prior to amendment in 2000

Landmark ruling on companies tax - 29 November
In a landmark judgment the Supreme Court of Appeal has allowed an appeal by the South African Revenue Service (SARS) on secondary tax on companies. The appeal court held earlier this week that it was sufficient, to render a close corporation or company liable for secondary tax, if a shareholder or relative was named as a beneficiary in the trust, regardless of whether he or she had a vested right to claim a benefit from the trust. - Business Day website

26 November 2007
641/2006
Volcano Agroscience (Pty) Ltd v Minister of Agriculture [2007] SCA 146 (RSA)
Act 36 of 1947 – 'agricultural remedy' as defined imported in contravention of s16(1) – option contemplated in s16(6)(a) available to illegal importer – despite the additional contravention of s7

26 November 2007
36/07
PGB Boerdery Beleggings (Edms) Bpk v Somerville 62 (Edms) Bpk [2007] SCA 145 (RSA) [Afrikaans]
Neighbour law – nuisance – right to introduce blue wildebeest on game farm
in spite of risk of bovine malignant catarrhal fever

23 November 2007
615/2006
Bid Industrial Holdings v Strang [2007] SCA 144 (RSA)
Arrest to found or confirm jurisdiction held to be unconstitutional. The
common law developed by abolition of the requirement of arrest to found or confirm jurisdiction. Jurisdiction capable of being established on other bases without arrest and also without attachment where no attachable property

22 November 2007
434/2006
Lufuno Mphaphuli & Associates v Andrews [2007] SCA 143 (RSA)
Arbitration - review of award - grounds for setting aside - condonation - refusal of

22 November 2007
614/2006
Eley v Lynn & Main Inc [2007] SCA 142 (RSA)
Whether claim against surety in respect of debt where judgment has been given against principal debtor prescribes after three years as contemplated in Prescription Act 68 of 1969, s11(d), or after 30 years as contemplated in s11(a)(ii)

20 November 2007
629/2006
Intramed v Standard Bank [2007] SCA 141 (RSA)
Locus standi of bank seeking removal of joint liquidators-dependent on whether bank still creditor-bank relying on judgment which in effect reinstated claim expunged by Master at appellants' request-judgment granting interest on claim a tempore morae

NPA mum on Zuma decision - 20 November
There is no word yet on whether ANC deputy president Jacob Zuma will have to face new corruption charges as the National Prosecuting Authority (NPA) is still considering the case, an NPA spokesman said today. "It is a very painstaking process of consideration," said NPA spokesman Tlali Tlali. - The Times website

21 November 2007

Milestone judgment for women in customary marriages

On Monday 19 November 2007, the Supreme Court of Appeal ruled that the Road Accident Fund treat women in customary marriages claiming support the same as those married under the Marriage Act. The Court ordered the State to review the provisions still existing in South African law that precluded such claims within a period of 18 months.

Seven years ago, Mrs Gasa, on losing her husband in a road accident, lodged a claim for loss of support with the Road Accident Fund.  In the new dispensation which recognizes customary marriages and constitutionally protects customary law, her case should have been simply resolved.

However, her claim was refused by the fund on the basis that her husband had previously married another woman in terms of the Marriage Act, thereby nullifying her own marriage.  She challenged this decision in the Cape High Court and lost on the basis of remnants of apartheid legislation still on the statute books.

This week, the Supreme Court, by agreement between the parties, overturned the High Court judgment and awarded Mrs Gasa her damages claim.

The Women's Legal Centre, a friend of the court in the proceedings, had questioned the constitutionality of the fund's refusal to honour her claim, and challenged the validity of the statutes relied on by the High Court to uphold this refusal.

The Women's Legal Centre requested the court to consider the negative impact that the Black Laws Amendment Act (which refers to the now repealed Black Administration Act) has on women married in terms of customary law that do not fall under the Recognition of Customary Marriages Act. The Recognition of Customary Marriages Act came in effect in 2000, only months after Mr Gasa's death.

Jennifer Williams, the Director of the Women's Legal Centre said "Today is a victory for women married in terms of customary law.  This order extends the claim for loss of support against the fund to a class of women overlooked by the reforms in our law after the Constitution.  The matter also throws into sharp relief the moral reasoning behind the tendency to give "civil" marriages primacy over customary marriages.  This approach impacts negatively on women married under customary law as they are deprived of the rights that spouses married under "civil law" have".

"While the Recognition of Customary Marriages Act goes some way to remedy this situation, we believe that it does not go far enough.  The Centre intends to build on this victory to bring problematic provisions in the current legal system to the forefront, so that women married under customary law have equal protection and access to justice".

Prepared by : FDBeachhead

The Big Braai-off - 16 November
Cadac announced last week that it was attaching a number of United States giant Weber-Stephen's South African trademarks to try to recoup legal costs ordered against Weber when it lost its infringement action against Cadac. Weber alleged that Cadac had infringed on its trademark and created counterfeits of its kettle braai. - Mail & Guardian website

Cape Town

Disciplining of Cape Metro Police put off - 20 November
The City of Cape Town has reached agreement with the South African Municipal Workers' Union (Samwu) and Labour Court on a temporary interdict to stop a "mass disciplinary process" against 101 metro police officers who took part in a blockage of the N2 highway in August. Samwu Western Cape secretary Andre Adams said yesterday the city realised its case was weak, and was trying to pre-empt a final court order. Acting Judge Denzil Potgieter was due to make a ruling today. Samwu sought the interdict on Friday. - allAfrica website

Union tries to stop mass police hearing - 19 November
The Labour Court will tomorrow give judgment on whether to grant an urgent interdict to stop a collective disciplinary hearing against 107 Metro police officers who participated in the blockage of the city's N2 highway in August, for several hours. The South African Municipal Workers' Union (Samwu) is arguing that by preventing its members from conducting any cross-examination or giving oral evidence, the city council was in breach of an agreement with the union and its action constituted a breach of the principles of natural justice. Jason Whyte, Samwu's advocate, said the city's conduct was nothing short of a "unilateral breaking of the agreement." - allAfrica website

Johannesburg

26 October 2007
11286
The T Trust v The Commissioner for the South African Revenue Service
Judgment at http://www.moneywebtax.co.za/moneywebtax/action/media/downloadFile?media_fileid=75

Tax shocker for wealthy property investors - 19 November
If you've sold properties that have been tucked in trusts, expect a hefty surprise penalty. That's the upshot of a recent Johannesburg Special Tax court judgment, set to hammer wealthy people who have used family trusts to acquire expensive property. - Real Estate Web website

28 November 2007
104/2007
Golden International Navigation SA v Seba Maritime Company
The history of this litigation commenced more than a decade ago when Zeba Maritime Company Limited, a company registered in Athens, launched an admiralty action in rem in this court under Case No AC 41/97 (the main action) against the vessel MV Visvliet for payment of US $82 282.31 in respect of the purchase price of bunkers sold and delivered by the plaintiff to the defendant. The defendant vessel was arrested on the same date, but was subsequently released after security for the claim had been duly furnished on its behalf. In particulars of claim subsequently filed, two further amounts were added to the plaintiff's claims. According to the plaintiff, the owner of the vessel failed to pay the amounts owing in respect of the lubricants and bunkers, being the total sum of US$97 907.39, which amount is being claimed from the defendant as a 'maritime claim', as contemplated by s 1(1)(m) of the Admiralty Jurisdiction Regulation Act 105 of 1983

21 November 2007
A172/2006
Craig Jackson and Others v State
The three appellants were convicted in the Regional Court on two counts of rape, two counts of indecent assault, one count of housebreaking with the intention to commit rape, indecent assault and theft. In terms of s 52A(1)(b) of the Criminal Law Amendment Act 105 of 1997 the proceedings were stopped and remitted to the High Court for sentence. When the matter came before the High Court, appellants challenged the conviction on the basis that it was not in accordance with justice as contemplated in s 52A(3)(b) of the Act. After hearing argument, Ndita AJ confirmed the conviction and, having found substantial and compelling circumstances, sentenced each of the appellants to an effective term of imprisonment of 20 years. With the leave of the court a quo, the appellants have come to this court on appeal against both their conviction and sentence. The ground of appeal in respect of the conviction is that the court a quo erred in holding that the conviction in the Regional Court was in accordance with justice as contemplated in s 52A(3)(b) of the Act in that the right of the appellants to a fair trial in terms of s 35(3)(d) of the Constitution has been violated. The appellants, through their counsel, during the course of argument, conceded that they do not seek to challenge the institutional delay inherent in the split procedure arising from the provisions of s 52 of the Act. This issue has already been settled by the Constitutional Court

Applause as Fred is acquitted - 29 November
Fred van der Vyver, the former Old Mutual actuary accused of the murder of his girlfriend Inge Lotz was on Thursday found not guilty in the Cape High Court. A packed public gallery loudly applauded the verdict, pronounced by Judge Deon van Zyl as the court adjourned for lunch. - News24 website

Crusade against rates policy fails - 22 November
A lonely crusade by a senior citizen to have the city's draft rates policy and bylaw reviewed was lost when the High Court ruled in favour of the city. Yesterday Sea Point resident Desmond White said he found the High Court ruling "fair" in the light of the fact that he could not call witnesses to prove his case. Judge Lee Bozalek dismissed the city's request that White foot its legal bill, arguing that the case was "a David and Goliath situation" and that an order against White "could have a chilling effect on future applicants". White's failed legal bid was founded on his belief that the city had not given councillors enough time to read the draft policy on rates and the city's rates bylaw. - allAfrica website

Swiss group sues top lawyer over BEE deal - 27 November
Fidentia curator Dines Gihwala is being sued in the Cape High court by Swiss-based investment management firm Montague Goldsmith for what it claims is its share of an investment in a black economic empowerment deal said to be worth about R30m. Gihwala, a respected member of the legal fraternity, is one of two lawyers assisting an inquiry led by former National Assembly speaker Frene Ginwala into the suspension of national prosecutions boss Vusi Pikoli. - allAfrica website

Fidentia Case

Fidentia : dispute about R11m paid to trust - 19 November
The Cape High Court had given Fidentia boss J Arthur W Brown breathing space to defend an action by the group's joint curators for R11-million. The curators, Dines Gihwala and George Papadakis, allege that the money belonged to Fidentia Holdings and that Brown misappropriated the money to acquire two trusts, owning two separate houses in Sunset Beach. Brown and his wife live in one of the houses. In court papers it emerged that Brown, his wife Susan, his brother Zacharias and his father Stephanus Lategaan were trustees of two family trusts known as the SL Brown Family Trust and the CAM Brown Family Trust. - IOL website

16 November 2007
20763/2004
Clare Veronica Shea v Legator, McKenna Inc, M H GMcKenna, Jamie Erskine, Master of the High Court (Natal Provincial Division), Registrar of Deeds (Pietermaritzburg) and Absa Bank Limited
Validity of the conduct of a curator bonis appointed to a patient declared to be incapable of managing her own affairs and the legal ramifications flowing from such conduct

Woman wins back home after five years - 19 November
Five years ago, after being involved in a near-fatal car accident, Clare Shea lost virtually everything - her unborn child, her business and her house. On Friday, she took a major step towards regaining some of her life. The Durbanite won a precedent-setting court battle to reclaim her Berea home, unlawfully sold by a Durban attorney appointed as curator while she was recuperating. - IOL website

15 November 2007
9661/2007
Arrow Altech Distribution (Pty) Ltd v Sheldon Byrne, Bradley Mungroo, Sealtron SA CC and Excess Inventory Online CC

Judge slams gifts for clients - 28 November
Businessmen have come under fire from a Durban High Court judge who said the common practice of wining and dining customers, handing out gifts and entertaining them at sports events was, on the face of it, clear-cut corruption. "These practices appall me . . . and, if such measures are being resorted to by our captains of industry, the court must set its face most resolutely against that," Judge Chris Nicholson said in a recent judgment. - IOL website

14 November 2007
A78/07 [2007] ZAKZHC 12
Asia Hope Shipping Limited v Ocean Trade SA

26 September 2007
8548/2007 [2007] ZAKZHC 11
Hirt & Carter (Pty) Ltd v Mansfield and Another
Restraint of trade agreements

26 September 2007
5516/2000 [2007] ZAKZHC 9
Thekweni Properties (Proprietary) Limited v Picardi Hotels Limited and Others
Arrear rentals

Shaik demands State release his millions - 23 November
Convicted former businessman Schabir Shaik will go to the Durban High Court next week. He is demanding that the state should release R2.5 million from his frozen assets. - SABC News website

Accused child killer ignores court protocol - 20 November
A 30-year-old father accused of killing his two little daughters refused to answer questions, stand up and even consult with his attorney when he appeared in the Durban High Court yesterday. Facing charges of murder and attempted murder of his family, Nkosinathi Brian Zuma ignored the judge when he was asked to stand up in court. Instead, he sat in the dock unresponsive, with his head bowed and out of the view of KZN Judge-President Vuka Tshabalala. - Daily News website

'I'm happy with the sentence' - 19 November
Gloria Cooper-Smith trembled in the Durban High Court on Friday as sentence was passed on two of the men involved in the murder of her son, police officer Gavin Atlee, in August last year. It was not the first time she had had such an ordeal. Her eldest son, Charles, also a police officer, was killed on duty 12 years ago. Judge Nic van der Reyden had already called Vusi Ndlovu and Mondli Gasa "dangerous parasites" who, although not directly involved in the shooting of Atlee, were just as responsible for his death. He sentenced them to life imprisonment for Atlee's murder and 20 years' imprisonment for housebreaking and armed robbery. Atlee was shot in the head by robbers while attending a housebreaking in Reservoir Hills. - IOL website

No-fees mom loses - 19 November
The Durban High Court has ruled in favour of local school Sastri College in a damages case instituted by the mother of a former pupil. In 2004 Sylvia Yozi, whose daughter was a pupil at Sastri College, Greyville, from 1999-2003, had her worldly goods confiscated when she failed to pay school fees arrears. - allAfrica website
Keyphrase :
Bill of Rights
South African Schools Act 84 of 1996

13 November 2007
CA80/07 [2007] ZAECHC 80
De Freitas v Human
The appellant, (the defendant in the court a quo), unsuccessfully opposed an application for summary judgment brought by the respondent (the plaintiff in the court a quo) in respect of estate agent's commission. The basis of the defendant's opposition to the application was his assertion that he had a valid and bona fide counterclaim against the respondent for occupational rental

18 October 2007
878/2002 [2007] ZAECHC 72
King and Others v Attorneys Fidelity Fund Board of Control
Application for leave to appeal against a judgment dismissing with costs a claim for compensation instituted by the plaintiffs against the defendant in terms of s 26(a) of the Attorneys Act 53 of 1979

15 October 2007
1861/2007 [2007] ZAECHC 7
Fuller v Kenton Eco Estate Limited and Others
Review of an administrative decision authorizing an urban development – urgent interim interdict sought stopping work on the development pending review – requirements for an urgent interim interdict not proved
Cited as Not Reportable

1 October 2007
CA343/06 [2007] ZAECHC 71
Kouga Municipality v De Beer and Another
Municipality – whether decision pertaining to property owned by it amounting to administrative action – remedies – constitutional damages

17 September 2007
CA303/2006 [2007] ZAECHC 68
Bonthuys and Others v Scheepers
Sectional title scheme – established for residential purposes only – conversion of sectional title unit from residential to business – consent of all the owners not obtained in order to convert unit as required by section 44 (1)(g) of the Sectional Titles Act 95 of 1986 – an application to the magistrate to convert the residential unit to business was granted - on appeal the magistrate's decision was reversed

4 September 2007
1859/06 [2007] ZAECHC 87 ; [2007] ZAECHC
Lockhat v Road Accident Fund

31 August 2007
496/2007 [2007] ZAECHC 66
Molyneux v Wicks and Others
Civil Procedure – Interim interdict pending action - Requisites for – Available to first purchaser in double sale – Contract – Suspensive Condition – Term – Distinction between – Characteristics – Interpretation of contract – Essentialia suspended – One party to contract does not have complete control – Time clause – Modus – Cancellation procedure i.t.o. contract – Breach – Intention of parties – Grammatical and contextual considerations – Self-interest – Commercial good sense

28 August 2007
1232/05
Scallan v Cadbury (Pty) Ltd
Action for payment of so-called severance benefits which the plaintiff claims he was entitled to when he resigned from the defendant, Cadbury. The onus is on the plaintiff to prove the terms of the contract upon which his claim was based

17 August 2007
697/2006 [2007] ZAEHC 60
Makhosini v MEC for Local Housing and Traditional Affairs and Others
This matter concerns a dispute about Chieftainship. The applicant (Makhosini Mditshwa) seeks an order confirming his appointment as the Chief and Head of the Imizizi Tribal Authority, taken on 7 December 2001 and again on 4 June 2004

29 June 2007
181/2006 [2007] ZAECHC 86 ; [2007] ZAECHC
High Dune House (Pty) Ltd v Ndlambe Municipality and Others
Application by the owner of adjoining property for the review of an administrative decision of the local authority to approve the building plans of his neighbour's review succeeding, with the consequence of the existence of a house within the local authority's area for which there were no approved plans - this brings into play the duties of the local authority prescribed by the Building Regulations Act -counter-application by house owner to prevent the local authority in due course from requiring demolition of the house, coupled with an offer to compensate the applicant was held premature and inappropriate in the circumstances because it would pre-empt or confine the further administrative steps which may have to be taken by the local authority

18 June 2007
CA 18l6/2006 [2007] ZAECHC 44
Rautenbach v Ongegegunde Vryheid CC
Via ex necessitate – access to fisherman's cottage on coastal land – application for a registered servitude giving access – there was only one existing road to the applicant's cottage which traversed the proposed servient tenement – this road followed the most convenient route – the applicant's land was not landlocked – there were other alternative routes over the applicant's own land between his cottage and the nearest public road where an access road could be constructed – the proposed servitude was not the only reasonably sufficient means of gaining access to the cottage – the dismissal of the application was upheld on appeal

14 June 2007
2737/2006 [2007] ZAECHC 41
Bennett Pringle (Pty) Ltd v Dreyer and Others
This is an application to review the decision of the fencing board on a boundary dispute between two farmers. The applicant also seeks certain alternative declaratory relief with similar effect

11 May 2007
CC27/2007 [2007] ZAECHC 23
S v Mashumpa and Another
Killing of an unborn child not murder - no prospective declaration to extend current definition or application of murder to include such killing made - legislature better suited to reform law in that regard if considered necessary - injury to unborn child can be dealt with at sentencing stage where assault perpetrated on mother
Keyphrases :
David Best
Melissa Shelver

19 April 2007
2567/01 [2007] ZAECHC 22
Botes NO and Another v Shamley
Special plea of novation – whether on the facts the original cause of action was extinguished by a series of further agreements which failed but which were made in an attempt to keep the original transaction alive. The plaintiffs are trustees in the Tima Family Trust. On 20 April 2001 the trust entered into an agreement with the defendant for the purchase of immovable property at Sea View Farm near Port Elizabeth, the object being for the trust to develop the property and re-sell subdivided sections separately as small holdings. The trust’s claim for damages arose out of an alleged breach of this agreement

3 April 2007
1668/06 [2007] ZAECHC 21
Van Rensburg NO and Others v Nelson Mandela Bay Municipality and Others
This matter concerns a dispute between private neighbours about buildings on urban property. The dispute also has a public character because of the local authority's failure to act in accordance with the provisions of the restrictive title conditions relating to the property. The applicants (representing a trust, 'the Hobie Trust') seek an order for the demolition of the offending buildings on the property owned by the second to sixth respondents ('the Shan Trust'), an interdict to prevent nuisance emanating from the property, and the costs of the application

Pay-back time against nasty neighbours - 21 November
A very important decision was taken by the South Eastern Cape Local Division Courts when they enforced their ability to have an owner demolish their buildings because they do not have the correct provisions in their title deed. The case was reported as Van Rensburg and Another v Nelson Mandela Metropolitan Municipality and Others 2007 4 All SA 950 (SE). In summary: residential neighbours were embroiled in a dispute about buildings on urban property. The applicants sought an order for the demolition of the offending buildings on the property and an interdict to prevent nuisance emanating from the property. - Realestateweb website

see also
Landmark ruling on student digs - 5 April
InfoUpdate no.11 - 5 April 2007

Illegal PE guesthouse cleared for demolition after six-year struggle - 6 November
Constitutional Court decision
InfoUpdate no.36 - 16 November 2007

15 November 2007
4281/2007
Real People Housing (Pty) Ltd v OS Motshabi
Practice – joinder after judgment – requirements. The requirements for an application for substitution of a plaintiff after judgment can be stated as follows : 1. The application is brought in terms of the common law, not under Uniform Rule 15. 2. The right upon which the applicant relies must be established. If it is a cession, a copy thereof must be attached, linking the applicant to the judgment debtor. 3. The judgment debtor must be cited as respondent and the application must be served on the judgment debtor. If the delay since judgment has been more than three years, and declaring fixed property executable as part of the judgment, personal service will normally be required. 4. Depending on the length of the period from judgment, service should take place upon the original judgment creditor. In general, this will be required where the judgment is older than three years. 5. If the delay since judgment exceeds three years, information must be furnished as to what transpired since the judgment was granted, in particular : (i) whether a writ of execution was taken out ; (ii) whether any arrangements were made with the judgment debtor ; (iii) in the case of a property which was declared executable, whether the judgment debtor is living in the house. 6. The applicant should state that it intends taking execution steps against the judgment debtor. 7. When the judgment is older than three years, the applicant should state that it intends applying for revival of the judgment under Rule 66

11 October 2007
567/2007
Alwyn Louis Schlebusch v Mohokare Plaaslike Munisipaliteit & Gideon Odendaal
Siviele Proses – Aksie teen Staatsorgaan – tydperk vir instel – Kondonasie – aansoek ooreenkomstig Art 3(4) van die Wet op die Instel van Regsgedinge teen Sekere Staatsorgane 40 van 2002 kan ook gedoen word nadat 'n regsgeding reeds ingestel is (par 28). Artikel 3(4)(a) is slegs van toepassing in gevalle van 'n laat kennisgewing en nie in gevalle van geen kennisgewing nie (par 31.2)

De Beers to defend Jagersfontein mine dump rights in court - 29 November
World number-one diamond producer De Beers will meet the South African government in court on Monday, to defend its rights of ownership of the tailings dumps mined and treated from the Jagersfontein kimberlite, in the Free State. De Beers spokesperson Tom Tweedy said in an emailed statement that the firm was defending its rights of ownership of the tailings dumps mined and treated from the Jagersfontein kimberlite. - Creamer Media's Mining Weekly website

De Beers to defend SAfrica mine waste rights in court - 29 November
De Beers, the world's biggest diamond producer, said on Thursday it plans to defend in court its right to ownership of tailings dumps near a mine where the first diamond was found in South Africa in 1870. De Beers, which is 45 percent owned by Anglo American Plc, said it is challenging a government permit granted to another company to explore for minerals in tailings dumps, or mine waste, near the Jagersfontein Mine. - Reuters website

7 November 2007
R125/07 [2007] ZAKZHC 10
S v Nkosi

16 August 2007
AR204/07
S v Naicker

Grade 10 gets 10 years - 19 November
A Grade 10 pupil, who stabbed his teacher to death in front of his classmates, was on Monday sentenced to an effective 10 years imprisonment. KwaZulu-Natal Judge President Vuka Tshablala sentenced 18-year-old Mazwi Mkhwanazi to 15 years, five of which were suspended. According to the SABC, Mkhwanazi had stabbed Ndala because she had humiliated him in front of his classmates by accusing him of cheating during a Geography test. - News24 website

JD Group cleared in loan agreement case - 30 November
Furniture retailer JD Group was vindicated in the Pretoria High Court this week after the judge threw out a case brought against the retailer, and ordered the complainant to pay costs. In October 2005, Linda Elliston asked the high court to declare that an agreement she had with JD Group's Joshua Doore was a credit transaction, in terms of the Credit Agreements Act, and not a loan transaction in terms of the Usury Act. A credit transaction is a secured agreement attracting a lower interest rate than loan deals, which are unsecured and attract a higher interest rate. - allAfrica website

Jail threat for mother who snatched boy - 22 November
Linda Volschenk Berger paid $10 000 (R68 000) for false passports to enable her to snatch her child from her estranged husband and flee from the United States via Europe and Zimbabwe back home to Gauteng. Now a court has ordered her to explain why she should not be jailed for two months. - IOL website

Porritt holds up Tigon case - 19 November
The fraud case of former Tigon CE Gary Porritt and former Tigon and PSG Guaranteed Growth Fund director Sue Bennett was on Friday postponed until Wednesday when Porritt could not make it to court on time, as he was stranded in KwaZulu-Natal, where he lives. "Mr Porritt was due to board a 7am flight from Pietermaritzburg (to Johannesburg) but the flight was delayed," Bennett told Judge Geraldine Borchers on Friday. - Business Day website

15 November 2007

News release from Phibro Animal Health

Multi-National wins vital court interdict in South Africa

The Johannesburg High Court hailed a victory for multi-national corporations operating in South Africa when Phibro Animal Health (Pty) Ltd won an interdict against individuals and companies that had been operating unlawfully and anti-competitively in the medicated feed additives (MFA) market.

Phibro Animal Health, a subsidiary of the global network of companies supplying animal health and nutrition products, uncovered the irregularities through an investigation conducted by its auditor after it was revealed that Phibro's long-standing Country Manager had a stake in various other companies, which he helped set up, operating in the same market.

Further investigation showed that not only had the Country Manager, Johannes Jacobus Groenewald, helped set up these companies, but he also used intellectual capital, internal employees and resources belonging to Phibro Animal Health, to do so. The other key participant in the unlawful and unfair practices was Hugo Hattingh, of Animate Animal Health, a competitor of Phibro's.

Phibro Animal Health Corporation is a privately owned business with offices in 14 countries, 900 employees and headquarters in the United States. Annual revenue topped US$450 million for the company’s latest fiscal year.

"South Africa was our largest market on the continent ; we'd been operating there since 2001 and were very committed to growing the local business," explained Jonathan Bendheim, Sales Director of Phibro Animal Health Corporation for Middle East, Europe and Africa.

"The emerging middle class in the country is creating a fast rising demand for meat and dairy products and industry growth trends are some of the highest in the whole region".

One of the companies Groenewald used to carry out this unlawful and unfair competition - Animate Animal Health - distributed similar or overlapping products to the MFA market. As found in the court's decision, Animate Animal Health was founded by Hugo Hattingh, who appears to have promised Groenewald 50% of the business in exchange for his assistance in helping to establish the business.

Animate was set up after Hattingh was fired by his previous employer. Perhaps the worst documented case of the unlawful practices by Animate Animal Health was in relation to a product based on oxytetracycline dehydrate : Phibro is the holder of the trademarks and is the sole distributor in South Africa of TM 100 and TM 200, which contain oxytetracycline dehydrate as the active ingredient. When Animate Animal Health was set up in 2005, it began distributing TMQ or TMQ 200, which are direct replacement products for TM 100 and TM 200.

Groenewald actively assisted Animate Animal Health and Hattingh by using Phibro's suppliers to obtain the product, using Phibro's intellectual property to create the packaging for the product, allowing Phibro employees to assist Hattingh, and then actively encouraging Phibro's customers to buy the product from the new entity instead of Phibro.

"Phibro Animal Health was alerted to the gross irregularities in the South African business by a customer who had been re-directed by our former Country Director to use Animate Animal Health products instead of ours," said Thomas G Dagger, Phibro's Senior Vice President and General Counsel.

Dagger added that this is one of the most egregious instances of wrongdoing that the corporation has been victim to in its recent history.

"Animate Animal Health was distributing products using Phibro's suppliers, intellectual property, packaging and employees, and then going out and unlawfully and unfairly taking our customers".

"We are very disappointed at this wrongdoing by Groenewald, especially the abuse of trust by the senior manager we had put in charge of our South African operations. We have learned a big lesson about what is needed to ensure orderly operations in our remote offices around the world. However, Groenewald could not have committed his wrongdoing without the active collaboration of Hugo Hattingh and Animate Animal Health, and we believe that it is essential for our customers and the success of the MFA market in SA that unethical participants in the market be brought to justice".

Phibro is now partnering with a world-class distributor in SA, Virbac RSA (Pty) Ltd, to ensure its customers continue to receive the superior service they expect from Phibro, and to protect and grow Phibro's valuable market share. "We are very pleased with the outcome of the court ruling and hope to continue building the business as quickly as possible," Bendheim said.

In June of this year, Groenewald and another company he owned, Leanmar (Pty) Ltd, entered into a settlement with Phibro, which became an order of the court, in which Groenewald and Leanmar were interdicted from a broad range of activities in the medicated feed additives market, including soliciting business from Phibro's customers in respect of products that are sold or distributed by Phibro, approaching or communicating with Phibro's suppliers about Phibro's products, and approaching or communicating with Phibro's regulatory consultants regarding Phibro's products.  Groenewald also agreed to pay restitution to Phibro for R522 500 for proceeds of sales of Phibro products that Groenewald had diverted to Leanmar, and he agreed to pay Phibro's court costs in the proceedings against him.

In a Judgment issued by the court on 30 October, the court stated that "It cannot be said that [Animate Animal Health, through Hattingh,] was making his business dealings in a fair and honest manner," and concluded that "[Animate Animal Health] was involved in an unlawful and unfair competition with [Phibro].  Mr Hattingh knowingly encouraged the employees of [Phibro] to perform duties for [Animate Animal Health], which duties they were performing utilising the resources of [Phibro]". Based on these findings, the court came to the conclusion that Animate Animal Health was involved in "unlawful activities against [Phibro] that lasted for over one year," and ordered that Animate Animal Health be interdicted from approaching or communicating with Phibro's customers in order to sell or distribute products that are sold and distributed by Phibro or its agents for a period of one year from the date of the order.

The court also interdicted Animate Animal Health from selling TMQ or replacement products of TMQ for a year to Phibro's customers and ordered Animate Animal Health to pay all of Phibro's court costs in the proceedings against it.

The interdict order against Groenewald is final and takes effect from 2 November 2007. Animate Animal Health has filed for leave to appeal the decision of the court. Dagger stated that Phibro believes the appeal is completely groundless and that Phibro intends to defend the court’s decision vigorously.

Prepared by : FDBeachhead

Cape Town

Doubt over fatal fire cigarette - 29 November
A witness has admitted that he could not be sure a cigarette he said he saw being flicked on to dry grass on Table Mountain in South Africa was lit. Anthony Cooper, of Brighton, Sussex, has denied starting the fire on purpose in which Janet Chesworth, 65, of Sedgley, West Midlands, died in 2006. Mr Cooper is accused of arson and culpable homicide. He denies both charges. The trial has been adjourned until 10 December.  - BBC News website

Banks will get rap on knuckles for collusion : analysts - 19 November
In what would amount to a departure from recent rulings, banks are expected to escape harsh penalties in spite of damning conclusions reached by the competition commission in its inquiry into anti-competitive behaviour in the industry. This is the consensus view of banking and competition analysts who spoke to Business Report on Friday. - Business Report website

Banking report to have 'serious implications' - 16 November
A report on anti-competitive behaviour by SA's four major banks will have "serious implications" for the sector, the Competition Commission has said. "The sheer volume of information received has enabled us to analyse the anti-competitive outcomes we have noted. Our findings will have serious implications for the sector," the head of the inquiry Thabani Jali said in a statement issued on Thursday. - Business Day website

Committee Minutes

Arts and Culture Portfolio Committee

21 November 2007
National Film and Video Foundation and Iziko Museums of Cape Town Annual Reports 2006/7 : Briefings

20 November 2007
South African State Theatre, National Museum, Bloemfontein, William Humphreys Art Gallery : Briefings on 2006/2007 Annual Report

Communications Portfolio Committee
* * * Subscription required * * *

20 November 2007
Committee Programme 2008 : Discussion

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

21 November 2007
Criminal Law (Sentencing) and Criminal Law (Sexual Offences) A/Bills : Adoption ; Magistrate's remuneration ; Outstanding Bills

15 November 2007
Judicial Service Commission Amendment Bill : Adoption

14 November 2007
Magistrates Conference Report, Committee Reports and Closed Sessionon Magistrates' Conduct

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

21 November 2007
District Management Areas : Municipal Demarcation Board briefing

20 November 2007
Service delivery protests in Municipalities

Requests for Submissions and Hearings

The Department of Finance, acting with the concurrence of the Cabinet member responsible for local government, has published for public comment these draft Municipal Asset Transfer Regulations (in accordance with section 169(l)(b) of the Municipal Finance Management Act, 2003).

Comments can be emailed to Mr TV Pillay at mfma@treasury.gov.za by 13 December 2007.

The document is available here : www.pmg.org.za/gazettes/071113finance-localgovtregs.pdf

Companies Bill

Proposed companies law to bring simplicity and convenience - 20 February
The new Companies' Bill is set to do away with much of the red tape associated with establishing companies in South Africa, says Trade and Industry Minister Mandisi Mpahlwa. Briefing the media today on developments in this regard, Mr Mpahlwa said the key objective of the draft legislation was to promote and encourage entrepreneurship and the diversity of enterprises in the country. "We try to do this by simplifying the formation of companies, to make it easier for people to come together and form companies," he said. - BuaNews Online website

Judicial Service Commission Amendment Bill

'Retired judges being targeted' - 22 November
A proposed law that will require retired judges to seek ministerial permission for outside remunerated work, may be challenged in the Constitutional Court, opposition MPs have warned. The Judicial Service Commission Bill was nevertheless approved in the National Assembly with the objection of the IFP who argued that retired judges were being unfairly targeted. "They should enjoy the same rights as hundreds of thousands of other retired people," IFP MP Koos van der Merwe said. - IOL website

Judges ethics bill passed in assembly - 21 November
Legislation relating to judicial conduct and ethics, and a mechanism for dealing with complaints about judges, was unanimously approved in the National Assembly on Tuesday. Introducing debate on the Judicial Service Commission Amendment Bill, Justice Minister Brigitte Mabandla said recent controversial incidents regarding alleged indiscretions by members of the judiciary had highlighted the lack of a credible legal framework in terms of which such matters could be dealt with. - The Citizen website

Sexual Offences Bill

Why is it so difficult to legislate against the brutality of rape? - 25 November
Passing the Sexual Offences Bill, albeit far from perfect, is the least that can be done to begin restoring the souls of raped women and children - and of a nation ravaged by violence, writes Margie Orford. - The Times website

Sports Amendment Bill

Mbeki signs sport Bill into law - 27 November
The Sports Amendment Bill has been signed into law by President Thabo Mbeki, whipping up a storm of controversy across the spectrum. "The Bill (was) signed by President Mbeki last week and is now an Act," government spokesman Lerato Mkhize confirmed yesterday. The National Sports and Recreation Amendment Act makes provision for the government to intervene in all sports matters. Even foreign athletes and administrators will now be "under the control of the government". - The Citizen website

Termination of Pregnancy Amendment Bill

South Africa fails to approve Bill allowing nurses, midwives to do abortions - 23 November
The South Africa House failed to approve a bill that would have allowed nurses and midwives to do abortions there. All bills in the legislature needed approval by Thursday and not enough MPs were present to form a quorum to allow a vote on the measure. The measure also makes it easier to start an abortion facility in the nation. - LifeNews website

Explanatory memorandum on the Revenue Laws Amendment Bill, 2007 - 9 November 2007

Explanatory memorandum on the Securities Transfer Tax Bill, 2007 - 31 October 2007

Notes regarding amendments to the Schedules to the Customs and Excise Act, 1964 - 16 November 2007
"These note are issued merely as a guide and both the old and new provisions should be studied in order to determine what the amendment actually entails. These notes have no legal status"

Portfolio Committee on Finance - 9 November 2007
Revenue Laws Amendment Bills and Securities Transfer Tax Bills. Response document

Standard Operating Procedures on Customs Valuation - 1 November 2007

Tax Exemption Guide for Public Benefit Organisations in South Africa - 13 November 2007
"Serves the purpose of a guide only and should not be used as a legal reference. The Guide is based on legislation as at 31 August 2007"

* Source : OSALL (Marina)

South Africa

'We're all completely devastated' - 20 November
Relatives, friends and a large group of students and staff members of the University of Cape Town's law faculty gathered in Roslyn Road in Rondebosch on Monday to pay tribute to Mike Larkin, head of the commercial law department, on the spot where he was stabbed to death by robbers on Friday. Two men are believed to have attacked Larkin for his bag, with one stabbing him repeatedly when he tried to resist. Larkin was partially sighted and walked everywhere as he could not see to drive. - IOL website

A road less travelled : the FM interview - 16 November
As a youngster growing up in a small platteland town, Mohamed Husain didn't have a positive view of the law. Under apartheid, he was forced to leave his family at the age of 13, because apartheid laws dictated where he could or couldn't go to school and there wasn't a high school in Lichtenburg that could admit Indians. After trekking to Johannesburg to finish his schooling, he was arrested for political reasons, convicted and trucked off to John Vorster Square shortly before his matric exams. Having been inspired by apartheid-era lawyers and activists, Husain thought law seemed a good choice. Nearly 30 years later, Husain is part of a new vanguard in the legal profession. A senior partner at Knowles Husain Lindsay, one of the biggest mid tier legal firms ; president of the Law Society of Northern Province and councillor of the Law Society of SA (LSSA), he has been closely involved with the transformation of the legal profession. - Financial Mail website

Correctional Services

Prisoners buy escape plans from warders : inmate - 16 November
The SABC has learnt that prisoners are preparing to buy maps and plans from correctional services officials and warders. The maps detail how they plan to prevent escapes this festive season, including when and where warders will be on duty. This is peak season for prison escapes, especially in the Eastern Cape. - SABC News website

Courts

Move to unite traditional justice and court system - [20 November]
The move to unite the traditional justice system with the formal court system is gaining momentum in Limpopo with a series of consultative workshops involving all stakeholders. One such workshop took place in Polokwane last Thursday with enormous success. The aim of the workshop was to obtain views and participation from the Institution of Traditional Leadership and other role players in the formulation of policy on role and functions of the Institution of Traditional Leadership in the administration of justice. The workshop also sought to identify the roles and function of other role players in the traditional justice system as well as areas of interface between the formal court system and the traditional justice system. Once these workshops are completed nationwide, a comparative analysis of other countries will be made. The proposed policies will then be submitted for consideration by the Minister and Cabinet. Finally, a draft and process legislation based on the approved policy framework will be drawn up. The new policy and legislation will then be implemented on 1 July 2008. - The Reporter website

Two appear in S Africa court in killing of former Austrian footballer Peter Burgstaller - 29 November
Two brothers arrested in the murder of a former Austrian soccer player appeared in a South Africa magristrate's court Thursday, the South African Press Association reported. Thokozisi Msani and his brother Simo Msani are accused of robbing and shooting Peter Burgstaller Nov 23 on a golf course near Durban, an attack that underscored fears about South Africa's crime rate just as it prepared to welcome World Cup fans. Burgstaller, who left a wife and two children, was a former Austrian national goalkeeper who played for SV Salzburg. - PR Inside website

Criminal Justice System

Number of prisoners awaiting trial cut - 27 November
The correctional services department said yesterday an interdepartmental committee responsible for a new concept in the management of remand detainees had made progress in reducing the numbers of awaiting-trial prisoners. The department established a remand detention project team led by a chief director last year to implement a cabinet directive of establishing appropriate systems, facilities and technology to effectively manage awaiting-trial detainees. - allAfrica website

Cyberlaw

Stats SA Aids dissident found guilty - 23 November
A Statistics SA employee, accused of vandalising a Wikipedia entry and sending threatening e-mails to the Aids Foundation of SA (AFSA), has been found guilty, says Stats SA spokesman Trevor Oosterwyk. In August, ITWeb revealed a Stats SA employee had made material changes to the Wikipedia entry on "HIV/Aids in South Africa". The culprit deleted all information, except for a section on government's action plan. The disciplinary hearing that followed saw the employee found guilty of contravening Stats SA's Internet and e-mail usage policy, as well as the Public Service Act. "As a result of the guilty finding, the employee has been barred from accessing the Internet for a period of six months. Also, he will work with our employee assistance programme," says Oosterwyk. - ITWeb website

Environment

Wild Coast Xolobeni heavy-minerals project on hold - 28 November
Australian mining junior Mineral Commodities (MRC), and its wholly owned subsidiary Transworld Energy and Minerals (TEM), has put on hold its proposed heavy mineral mining operation at Xolobeni, along the Wild Coast of South Africa. It is understood that the companies would be meeting to review whether or not to proceed with the mining right application. The mining proposal has been met with fierce resistance from some community members, environmental and nongovernmental organisations in the area. - Creamer Media's Mining Weekly website

Lightning blamed for massive refinery blaze - 20 November
The second major blaze in less than two months lit up the sky above the south Durban residential area on Monday night when a storage tank with more than seven million litres of petrol caught fire at the Engen refinery in Tara Road, apparently after it was struck by lightning. - IOL website

Engen pumps petrol out of burning tank - 20 November
Engen refinery workers pumped petrol out of a blazing tank on Tuesday in an effort to douse a massive fire believed to have been caused by a lightning strike. "They are trying to pump out much of the petrol while allowing the remainder to burn out," said refinery spokesperson Herb Payne. The 45 metre high tank contained 7,5-million litres of petrol. This was after three unsuccessful attempts at putting the fire out using a combination of water and foam. - IOL website

Cape to monitor air quality near refinery - 20 November
The City of Cape Town has purchased two Volatile Organic Compounds (VOC) analysers to monitor air quality for substances like benzene and toluene near oil refinery areas. One of these highly sophisticated analysers will be installed near the Chevron oil refinery in Milnerton to scientifically monitor the quality of air in the area. "The analyser will measure the amount of volatile organic compounds (VOCs) in the air, thus alerting the municipality to any transgressions of acceptable standards with potential health risks to exposed population groups," says Dr Ivan Toms, Executive Director of City Health. The second VOC analyser will be installed at a monitoring station in Cape Town's central business district. - BuaNews Online website

Family Law

Men who speak with fists - 19 November
The Medical Research Council said in 2004 that a woman is killed by her intimate partner every six hours in South Africa - the highest rate in the world. The Human Sciences Research Council has found in community-based prevalence studies that one in two South African women will be affected in some way by domestic violence. Does this mean that one in every two South African males is guilty of some form of violence against women? Crime analyst Anthony Altbeker says he would "very surprised if it was less than 40% of men who are perpetrators of violence against women - it is probably a good deal higher". - Mail & Guardian website

Human Rights

Gay couple 'not welcome' in luxury villa - 20 November
A Vredenburg guesthouse owner who cancelled a gay couple's booking because her four-star establishment is "certainly not gay-friendly" may soon find herself in court. - IOL website

SA rejects UN's criticism of its human right record - 19 November
South Africa has rejected the United Nations (UN) Watch report which ranked it's human rights record as one the worst in the world. In response, the Department of Foreign Affairs was adamant that the promotion and protection of human rights remains one of the pillars of South Africa's foreign policy. According to newspaper reports, the UN Watch, ranked South Africa human rights record alongside those of China, Russia, Pakistan, Algeria and Saudi Arabia. The department hailed the UN Watch report as blatantly lopsided, because it creates the impression that the international community is only concerned about civil and political rights. - BuaNews Online website

Judiciary

Constitutional Court : 1st XI crumbles - 30 November
With the retirement of five of the 11 constitutional court judges in 2009, the last judges from the brilliant Class of '95 - the first bench appointed - will leave SA's highest court. The retirement will mark the biggest turnover in the constitutional court and will leave it "very vulnerable", say legal experts. SA's next president will play an important role in choosing who will replace the retiring judges - they end their terms after the general election in 2009. Those retiring include chief justice Pius Langa, as well as many of the most experienced judges on the court's bench, including Kate O'Regan, Yvonne Mokgoro, Albie Sachs and Tholie Madala. - Financial Mail website

 

Mbeki appoints judges - 19 November
Labour Appeal Court Judge Hendrick Musi has been appointed Judge President of the Free State Provincial Division, President Thabo Mbeki announced on Monday.
Acting Judge Baratang Mocumie has been appointed to the Free State bench,
and acting Judge Anton van Zyl and Advocate Themba Sishi to the Natal Provincial Division, the Presidency said in a statement.
Four acting judges - Ephraim Makgoba, Pieter Meyer, Mihloti Msimeki, and Takalani Raulinga - have been appointed to the Transvaal Provincial Division.
Appointed as Labour Appeal Court Judges were Judges Dennis Davis, Sisi Khampepe, and Mashangu Leeuw.
Davis was also appointed to the Competition Appeal Court, along with Judges Mokgadi Mailula, Francois Malan, Nonkosi Mhlantla, and Chimanlal Patel. - IOL website

From Merc to Porsche, Hlophe wants a new car - 17 November
Controversial Cape Judge President John Hlophe wants the government to buy him a Porsche. In July, Hlophe asked the Department of Transport and Public Works in Cape Town to replace his current Mercedes-Benz ML500 with a Porsche Cayenne S costing more than R828 000. Judges are entitled to use a luxury vehicle bought and maintained by the state for official and unofficial purposes. The conditions governing these deals are decided by the minister of justice with the concurrence of the minister of transport. The Transport Department's current policy is that a judge can get a replacement car once a vehicle has clocked 160 000km or is four years old. The replacement vehicle may not cost more than a Mercedes-Benz S350 (R750 000) or BMW 740i (starting price of R743 000). The old cars are then auctioned off, and the judges are allowed to buy them back if they so choose. - IOL website

Labour

Estimated Minimum Wages : Domestic Workers : 1 December 2007 to 30 November 2008

The new minimum wages for domestic workers taking effect on 1 December 2007 has not yet been released by the Department of Labour. The official CPIX (the Consumer Price Index excluding interest rates on mortgage bonds) for October 2007 released by Statistics South Africa on 28 November 2007 is 7.3 %,  therefore the increase to the minimum wage should be calculated as 7.3%+ 2%= 9.3%. The domestic worker minimum wage increase for the period 1 December 2007 to 30 November 2008 should therefore be 9.3%

Source : info@labourguide.co.za via Brian

Growing trend of employers silencing criticisms as three workers disciplined, one dismissed - 20 November
The Freedom of Expression Institute is disturbed by the growing number of violations of the freedom of expression of workers. Four cases have been brought to the FXI's attention of workers who are either being disciplined for utterances they have made, or who have already been dismissed. The FXI is distressed by the fact that these employers do not seem to have taken into account that the Constitutional Court has stated that employees have a right to engage in speech that is critical of their employers. This principle was once again upheld last year, when the Commission for Conciliation, Mediation and Arbitration reinstated Superspar worker Vusi Sibeko (Khumalo), after he was dismissed for defaming the company's managers, and for bringing them into disrepute. His "crime" was that he criticised company employment practices in a socialist advocacy newspaper. Also, Eastern Cape doctor Costa Gazi was reinstated last year after a long legal battle with the Eastern Cape provincial health department, which dismissed him for statements critical of the Ministry of Health. - allAfrica website

FNB, USAid sign R300m loan scheme - 19 November
First National Bank (FNB) and the aid agency USAid have announced a R300m guarantee scheme to support lending to black emerging farmers and agribusinesses over the next seven years. The agreement was signed by USAid's southern Africa director, Carleene Dei, and Sizwe Nxasana, CEO of FNB parent FirstRand Bank, in the presence of US Treasury Secretary Henry Paulson and Science and Technology Minister Mosibudi Mangena in Cape Town on Friday. - allAfrica website

SA and US sign R300 million agricultural deal - 16 November
South Africa's agriculture sector was given a boost today when a deal worth R300 million was signed between the US Agency for International Development, and a major banking group. USAID is the US government organisation responsible for most non-military foreign aid. It is an independent federal agency and receives overall foreign policy guidance from the US Secretary of State and advances US foreign policy objectives by supporting economic growth, agriculture and trade amongst other sectors. The deal targets emerging black farmers wanting to break into the market, leading to the expanding and strengthening of the agricultural markets. - USAid website

Comair labour battle in court - 19 November
The Labour Department is pressing ahead with its legal action against JSE-listed Comair for allegedly breaching provisions of the Employment Equity Act. This is despite a vehement denial of the allegations by Comair's joint CEO Erik Venter. - Fin24 website

Equity law enforcement starts - 18 November
After years of empty threats against the thousands of employers who have repeatedly thumbed their noses at employment equity laws, the department of labour has begun to enforce the legislation. This week it began action in the labour court against JSE-listed Comair, the operator of kulula.com and the partner of British Airways in South Africa. The department also revealed that it was in the final stages of a review of seven companies, selected randomly from the top 50 JSE-listed companies. One of the companies being reviewed is Tiger Brands. Other companies under the microscope include Investec, Woolworths, Nedcor, Absa, Bidvest and Anglo Platinum. - Business Report website

Land Affairs and Property

It's not all too bad - 29 November
The latest statistical data from local and international sources bring a touch of reality to the property market and give the lie to loose talk that it is "imploding". Gerhard Kotzé, CEO of the ERA South Africa property group, points to the latest mortgage advances data released by the South African Reserve Bank which show growth of 26,1% year-on-year in September 2007, only slightly down on the 26,4% increase recorded in July. - Cape Business News website

2010 property impact will be muted - 23 November
As 2010 Soccer World Cup fever continues to mount, South Africa may be wise to temper its expectations as Germany comes to the realisation that the event was not the pot of gold predicted. That's the only conclusion to be drawn from a report just released by the German Institute for Economic Research (DIW), which notes that expectations before the event were overly optimistic. "One month of partying can't be a long-term rainmaker for the entire economy and while there is little doubt there will be economic benefits for the country, it's wise to be realistic about their lasting effect," says Gerhard Kotzé, CEO of the ERA South Africa property group. - Property24 website
Keyphrase :
2010 FIFA World Cup

Building plans passed down - 21 November
The value of South African recorded building plans passed at constant 2000 prices in September decreased by 6.7% year-on-year (y/y) from a revised 2.7% y/y (3.4%) dip in August, Statistics South Africa (Stats SA) data showed. Residential building plans were the main culprit as they decreased by 13.8% y/y in September from the 10.0% dip in August. Non-residential plans, however, picked up by 25.2% y/y from the 4.1% drop in August. - The Times website

Rates increases could reach 400% - 15 November
Sectional title homeowners will have to be rated at between 25% and 40% of ordinary residential owners, or their rates will go up by as much 400% more than they paid before the Rates Act was applied. So says Andrew Schaefer, MD of SA's biggest sectional title manager Trafalgar. - Rodney Hayter website

Reporting of rates hikes causes déjà vu fears amongst Johannesburg property owners - 15 November
The property market recently experienced a sense of déjà vu as Johannesburg property owners waited to hear the final outcome of the city’s new municipal valuation role - in much the same way that Capetonian property owners awaited the news of their own valuations a year ago. - Rode & Associates Property Consultants website

Church pays R16,5m for Dbn building - 28 November
The church of choice for many celebrities including Tom Cruise, the Church of Scientology has purchased a landmark property in Durban's Morningside for R16.5-million. Previously the site of the Gordon Road hotel and most recently operating as army barracks, the property was sold by Chantal Williams, a broker at property services company, JHI. The property is situated on two sites covering 2394sqm in extent. It was built more than 60 years ago, and therefore falls under the definition of a heritage building. - Property24 website

Hands tied as hot property vandalised - 17 November
A number of prime beachfront properties owned by the City of Cape Town are in an appalling state after being left empty for years and vandalised. A restaurant at Clifton Fourth Beach, which once catered to the who's who of Cape Town, has stood empty for three years and is now so derelict it will probably have to be demolished. Police recently evicted 25 people living in the filthy, dilapidated shell which is close to a vacant plot which sold for a whopping R11,25-million last week. - IOL website

Raining rocks in a Durban suburb - 19 November
A normal week day afternoon turned into one of fear as residents of Greenwood Park were sent running into the streets, believing they were victims of an earthquake. But when the residents of Storm Road looked outside their shattered windows, they realised that construction workers at the River Horse Industrial Complex, about 50 to 150 metres from their homes, had blasted huge rocks with dynamite. The site belongs to property development company Moreland, also known as Tongaat Hulett Development. - IOL website

It's back to shacks for new home owners - 18 November
Imizamo Yethu residents who have been provided with brick houses by Irish billionaire Niall Mellon are letting the houses for up to R2 000 a month and moving into shacks in their own backyards. - IOL website

SA court approves Richtersveld agreement, Alexkor to be recapitalised - 27 November
South Africa's Public Enterprises Minister Alec Erwin said on Tuesday that it could be "interesting" to consider establishing a diamond beneficiation industry in the Richtersveld, where government has finalised an agreement with the community, after a decade-long legal tiff. He hailed the accord, which had now received court approval, as a "great occasion after an amazing legal battle", adding that the community and State-owned Alexkor would be kick-starting mining and exploration activity. Government would now pump as much as R440-million into the area over the next three years, to recapitalise the mining operations, and uplift the community. - Creamer Media's Mining Weekly website

Richtersvelders could fully own Alexkor - 27 November
The Richtersveld community could convert their minority share in a joint mining venture with state-owned Alexkor into complete ownership of land mining rights, Public Enterprises Minister Alex Erwin said on Tuesday. Speaking ahead of the symbolic return of land ceremony on Saturday which will see the community getting back diamond-rich land taken from it almost a century ago, Erwin said it was not in the community's interest to take up its full rights on the company immediately. - IOL website

A KZN district is proving a model for land reform in the rest of SA - 23 November
As government scrambles to get its land reform programme back on track, a farming district in northern KwaZulu Natal appears to hold many of the answers and is being used as a model for other projects around the country. In the Besters district, almost a quarter of its white farms have been redistributed with notable success over the past five years and without state micromanagement of the project. What makes Besters different from almost all other land reform projects is that the state confined itself to doing what it was supposed to: it set the ball rolling by ensuring compliance with land policy and law, aided negotiations and swiftly and efficiently concluded farm valuations. The details were left to the farmers and tenants to thrash out. - Financial Mail website

Minerals and Energy

State to force cities to spend on power plant - 23 November
The government will compel municipalities to invest a fixed percentage of their electricity revenue into electricity distribution infrastructure because of their own failure to do so. The move is likely to meet with stiff resistance from municipalities, which jealously protect their areas of jurisdiction. Huge backlogs in investment in municipal infrastructure exist and the dilapidated systems have been one of the main causes of power cuts. The other major cause has been the shortage of electricity supply relative to the consumption requirements of a growing economy. - allAfrica website

Electricity 'master plan' for SA - 22 November
With electricity supply in South Africa continuing to be tight as strong economic growth keeps up the pressure on demand, Cabinet has mandated four ministries to develop a Electricity Master Plan for the country, writes Shaun Benton. - BuaNews Online website

Talks between Eskom and nuclear vendors now officially under way - 20 November
State power utility Eskom has now officially started commercial negotiations with selected vendors for its proposed nuclear programme, which could involve the building of up to 20 000 MW of atomic-energy capacity by 2025. Eskom Enterprises MD Brian Dames has told Engineering News that the utility will seek to conclude commercial negotiations with either Areva, of France, or Toshiba’s Westinghouse, of the US (both short-listed a few months back) before making a final investment decisions in early 2008. - Creamer Media's Engineering News website

Mbeki holds back Oilgate report - 16 November
President Thabo Mbeki has declined to publish the Donen report into the "oilgate" scandal, which probed allegations that the United Nations oil for food programme in Iraq was abused by South African companies and individuals. He told Sandra Botha of the Democratic Alliance, the leader of the official opposition in Parliament, that the report handed to him on 6 November 2006 by senior counsel Michael Donen who conducted the inquiry has been referred to the State Law Advisors for their advice. – Fin24 website

Municipal Management and Procedure

Cape Town

Possible occurrences of maladministration, fraud, corruption or other serious malpractice in the city of Cape Town / MEC Qubudile Richard Dyantyi, Local Government & Housing - 28 November
I have decided to institute an investigation in terms of Section 106(1)(b) of the Municipal Systems Act into possible fraud, maladministration, and serious malpractice in the City of Cape Town. - Cape Gateway website

Pension Funds

Pension funds time bomb - 19 November
Pension fund expert Henry Dul says that about R75-billion in annual pension contributions by 9.2 million members is effectively placed in the hands of a few thousand people who don’t know all that much about the sector - and who are too busy or ignorant to become more involved. Insiders at South Africa's R1.3-trillion pension fund industry, which has been rocked by a mismanagement scandal, are concerned that poor trusteeship is widespread. - The Times website

Social Development

How SA's social security system works - 17 November
Although South Africa does not have a comprehensive cradle-to-grave social welfare system, the government does attempt to assist the poorest citizens through a system of grants. We provide an overview. - Personal Finance website

Taxation Law

New laws 'will give clarity on shares' - 23 November
New tax laws will provide taxpayers with a greater degree of certainty when they sell their shares, says Johan Troskie, a director at Deneys Reitz Tax Services. With effect from October 1 this year, the new legislation will apply to all shares held for at least three successive years. The definition of shares will include all listed shares on the JSE, in private companies, interests in close corporations, and certain collective investment schemes. - allAfrica website

Trade and Industry

Doha impasse symptomatic of growing mistrust of trade-liberalisation benefits - 28 November
The current stalemate in the Doha Round of negotiations at the World Trade Organisation (WTO) was symptomatic of a larger decline in public support, especially in rich countries, for further market liberalisation, particularly as the benefits of such liberalisation became less clear, a leading South African trade policy expert argued on Wednesday. Addressing a South African Institute of International Affairs gathering in Johannesburg, Dr Mills Soko, of the UCT Graduate School of Business, said that many developed-country citizens now, rightly or wrongly, perceived further liberalisation as a threat and feared the future influence of countries such as China and India. - Creamer Media's Mining News website

Breathing space for clothing exports - 27 November
Struggling clothing and textile exporters have received some relief, with the government extending the export incentive programme until the end of March 2009, while a review of the programme is imminent. The extension of the duty credit certificate scheme (DCCS), intended to strengthen the export competitiveness of the industry, will bring certainty for clothing exporters. Thousands of workers have been laid off, as doubts about the future of the programme forced companies to cancel export contracts. - allAfrica website

Hawkers, govt to interact in KZN Imbizo - 18 November
Informal traders from around eThekwini will meet with government representatives this week, to discuss their concerns during an upcoming imbizo in KwaZulu-Natal. The KwaZulu-Natal Finance and Economic Development Department in conjunction with the eThekwini Municipality will host the imbizo on Tuesday, which will see hundreds of informal traders and authorities gathering under one roof at Albert Park. The programme of the day will feature presentations and inputs from officials including MEC for Finance and Economic Development, Dr Zweli Mkhize and Deputy Mayor Logie Naidoo. This will include an open discussion with members of the informal trade sector, during which they would be able to ask questions on various issues relating to their business. - allAfrica website

Miscellaneous

Presidential pardons in South Africa - 17 November
The issue of Presidential Pardons for politically motivated offenses is currently in the news in South Africa. Every year, just before Thanksgiving (the fourth Thursday in November), the president of the USA pardons a Turkey in a ceremony at the White House. This demonstrates his power of Executive Clemency or Presidential Pardon. In South Africa our constitution also provides for Executive Clemency under section 84(2) (j). - Global Politician website

Mozambique

Chissano son dies under suspicion - 19 November
The eldest son of former Mozambique President Joaquim Chissano has died, while being investigated over the 2000 killing of journalist Carlos Cardoso. The man convicted of the assassination, Anibal dos Santos, known as Anibalzinho, has said Mr Chissano ordered the killing - accusations the authorities were investigating. Dos Santos is serving a 30-year jail sentence. - BBC News website

Namibia

Skeleton gem fight in Court - 26 November
The first salvo in a legal battle for control of four Skeleton Coast diamond concessions was fired on Friday when the High Court struck an urgent application brought by Malaysian businessman Subramanian Ragubathi from the court roll due to a lack of proven urgency. Ragubathi was not around to hear Acting Judge John Manyarara dismiss his application with costs and so possibly set in motion the beginning of the end of the fight over the fabled Toscanini diamonds. - Namibia website

Sudan

Sudan charges teacher over teddy name - 29 November
Ignoring international criticism and warnings from Britain, the Sudanese government has charged a British teacher with inciting religious hatred – a crime punishable by 40 lashes or six months in jail – for allowing her students to name a teddy bear Muhammad. Sudan's top clerics successfully pressed the government to ensure the teacher, Gillian Gibbons, is punished. They compared her school project to author Salman Rushdie's "blasphemies" and Danish cartoons of the Prophet Muhammad, alleging the toy is another piece of a broad Western "plot" against Muslims. The charge laid yesterday angered the British government, which urgently summoned the Sudanese ambassador to discuss the case. British and American Muslim groups also criticized the decision. The protesting voices have included a 7-year-old student named Muhammad who said he asked Gibbons to name the bear after himself, not the Prophet. - The Star website

Zimbabwe

Ex-Rhodesia leader Ian Smith dies - 20 November
The former prime minister of Rhodesia, Ian Smith, has died aged 88. The cause of his death is unknown but he had been ill for some time at a residential home in South Africa. - BBC News website

Ian Douglas Smith, ex-leader of Rhodesia, dies - 21 November
New York Times website

Cambodia

First hearing for Cambodia court - 20 November
An international genocide tribunal set up to try surviving members of Cambodia's brutal Khmer Rouge regime is holding its first public hearing.  The UN-backed court is hearing a bail request from Kang Kek Ieu, or Duch, the former head of a notorious prison. Duch was the first of five senior Khmer Rouge officials to be arrested and charged by the court. More than a million people are thought to have died during the four years of Khmer Rouge rule between 1975 and 1979. - BBC News website

EU 'sexual history' quiz denied - 21 November
The EU has denied claims it plans to question women about their sexual history as part of a drive to improve census statistics. The European Parliament is due to vote on Wednesday on the harmonisation of census data across the EU. The European Commission says it needs better quality data on how people live in order to improve policy making. But the UK Independence Party said proposed questions about "consensual union" were too intrusive. - BBC News website

Croatia

No tolerance for small or big fish in court - 16 November
Today HDZ (Croatian Democratic Union) member Ana Lovrin, referring to the European Commission's latest report, stressed that the reform of the judiciary is in full spreading and that in the last two years it has showed evident results. The number of unsolved issues in courts is halved, and the number of unsolved land-registry issues is reduced by 60% - Lovrin said. She continued stressing that the digitalization of land registers has been carried out and through the internet it is possible to make an inspection in whatever cadastral plot. Through the Judiciary Academy, there has been an improvement of judges and state attorneys and a right to free legal help regardless of the social status has been provided. - Javno website

Russia

Russian loophole offers Putin chance of third term - 16 November
Russian President Vladimir Putin could run for re-election in next year's presidential vote if he resigns early to get around a ban on serving three consecutive terms, a lobbyist close to the Kremlin has said. Putin has said he will step down next year and let someone else take over. His spokesman said that has not changed. But a source with Kremlin links told Reuters the option of exploiting legal loopholes is being pushed by parts of his entourage. Under that scenario, Putin could announce as early as this month that he is stepping down ahead of term. His prime minister, Viktor Zubkov, would become caretaker president and Putin would run in the scheduled March 2008 presidential vote. - Guardian Unlimited website

State Duma passed Olympic Law - 16 November
Today the Russian State Duma has passed the Olympic Law regulating the order and procedure of seizure of real estate for the Olympic needs. Thus, now the assessed value of the seized real estate as well as of land plots can be estimated by any company including independent experts, it depends on the real estate owner. The amendments will come into force 1 January 2008 and will be in effect till 2014. - Russia IC website

Courts

Drink drive - 28 November
A man suffering flashbacks from a horrific experience in South Africa got in his car drunk to try to get himself home. Brian Bell, 63, drove down Botchergate, Carlisle in the middle of the afternoon, mounting pavements and clipping wing mirrors while nearly twice over the limit. His solicitor said he needed to get home because he was suffering flashbacks from a traumatic experience in South Africa. His friend was murdered in the country, where he had spent most of his life working. - News & Star website

Privacy

Ministers under fire over records - 21 November
The government is braced for more criticism over the loss of two computer discs containing the personal details of 25 million people. The CDs feature information such as names, addresses, dates of birth, child benefit and national insurance numbers, and bank account details. The discs were sent from HM Revenue and Customs to the National Audit Office by contract courier but failed to arrive. - BBC News website

Arms and Ammunition

US Supreme Court ponders gun law - 20 November
The US Supreme Court is to consider an American's right to bear arms for the first time in nearly 70 years. It has agreed to rule on whether a ban on handguns by the city of Washington, DC complies with the Second Amendment of the US Constitution. The US capital has banned handguns since 1976. - BBC News website

Canada

Canada pig farmer trial nears end - 20 November
Key prosecution witnesses in the trial of a Vancouver man branded Canada's worst serial killer lied in court, a defence lawyer has suggested. Adrian Brooks said in his closing argument that the witnesses were drug addicts whose testimony was unreliable. Robert Pickton is charged with killing 26 women, but is being tried first with the murders of six whose remains were found on his pig farm. - BBC News website

Correctional Services

US prison system 'costly failure' - 19 November
The US prison population has risen eight-fold since 1970, with little impact on crime but at great cost to the taxpayer, researchers say. There are more than 1.5 million people in US state and federal jails, a report by a Washington-based criminal justice research group, the JFA Institute says. Inmate numbers are projected to rise by 192 000 in five years, costing $27.5bn (£13.44bn) to build and run jails. The JFA recommends reducing the number and length of sentences. - BBC News website

Miscellaneous

Pastor's wife : church is a divorce asset - 17 November
The estranged wife of a pastor claims her husband blended his professional and personal finances so thoroughly that his church should be counted as an asset in their divorce. A judge agreed in a decision published this week to hear arguments on the claim, and he ordered a financial appraisal of the church. Lawyers said it could represent the first time anyone in New York state has tried to treat a religious institution as a marital asset. The wife argues that her husband of 31 years used his Brooklyn church as a "personal piggy bank," setting his own income, spending the congregation's tithes as he pleased and running a catering business from the building, according to the decision by state Supreme Court Judge Arthur M Diamond. - Associated Press website

Oil's not well as cartel gets the shakes - 18 November
When leaders of the Organisation of Petroleum Exporting Countries (Opec) call only their third summit in 47 years, it signals that something is worrying the world's richest cartel. With estimated revenues of about 605-billion this year from their notoriously secretive trade, these are not people who usually roll out a red carpet for reporters and industry analysts and offer to sip coffee with them on the sidelines of an intense, open discussion about the future of oil. Concern that prohibitive prices and increasing environmental sensitivity could slash the global appetite for their product has flushed Opec chiefs out for a week of image building planned with obvious Western marketing expertise. - The Times website

We condemn all forms of rape - 18 November
A couple weeks ago, the United States delegation circulated a draft resolution in the United Nations General Assembly calling for the elimination of rape by governments and armed groups. This draft ­concentrates on rape used for political and military purposes, and remains pending action before the third committee of the General Assembly. Together with other African delegations, South Africa has continued to urge the US to amend the draft and to include the elimination of rape in all its manifestations. We have been joined by delegations from Latin America and Asia, which are also calling for a balanced text. - Mail & Guardian website

Sports and Recreation

The fight against drugs in sport - 17 November
World anti-doping officials have doubled the potential punishment for those caught using banned substances for the first time. Offenders could now face a ban of up to four years if found guilty in "aggravating circumstances". - BBC News website

The Universal Digital Library - http://www.ulib.org/
The mission is to create a Universal Library which will foster creativity and free access to all human knowledge. As a first step in realizing this mission, it is proposed to create the Universal Library with a free-to-read, searchable collection of one million books, available to everyone over the Internet. Within 10 years, it is our expectation that the collection will grow to 10 Million books. The result will be a unique resource accessible to anyone in the world 24x7, without regard to nationality or socioeconomic background. One of the goals of the Universal Library is to provide support for full text indexing and searching based on OCR (optical character recognition) technologies where available. The availability of online search allows users to locate relevant information quickly and reliably thus enhancing student's success in their research endeavors

Online library offers 1.5 million works and counting - 27 November
The Universal Digital Library, a book-scanning project backed by several major libraries across the globe, has completed the digitization of 1.5 million books and on Tuesday made them free and publically available. - CNet News website

Mini Library - http://www.facebook.com/apps/application.php?id=18231741224&ref=s
The European Library, central access point to Europe's national libraries
The European Library is non-commercial portalsite. This free service of Conference of European National Librarians (CENL) gives access to the resources of Europe's national libraries. Resources can be both digital or bibliographical (books, posters, maps, sound recordings, videos, etc). Currently The European Library gives access to 150 million entries across Europe. The amount of referenced digital collections is constantly increasing. Quality and reliability are guaranteed by the 47 collaborating national libraries of Europe. The European Digital Library - encompassing not only libraries, but also museums, archives and other cultural institutions - will be built upon The European Library

See http://www.theeuropeanlibrary.org/portal/index.html

Insecurity in the digital world - 28 November
There are many advantages to maintaining information in electronic form. But this column is not about the favorable aspects of electronic data retention. Rather, I want to examine what's become the soft underbelly of the digital world. I am talking about you, your private data, and how easily that data can go missing or can be used against you. - CNet News website

Animal rights activist hit with RIPA key decrypt demand - 14 November
An animal rights activist has been ordered to hand over her encryption keys to the authorities. Section Three of the Regulation of Investigatory Powers Act (RIPA) came into force at the start in October 2007, seven years after the original legislation passed through parliament. Intended primarily to deal with terror suspects, it allows police to demand encryption keys or provide a clear text transcript of encrypted text. Failure to comply can result in up to two years imprisonment for cases not involving national security, or five years for terrorism offences and the like. Orders can be made to turn over data months or even years old. The contentious measure, introduced after years of consultation, was sold to Parliament as a necessary tool for law enforcement in the fight against organised crime and terrorism. But an animal rights activist is one of the first people at the receiving end of a notice to give up encryption keys. - The Register website

seeks a position as an Articled Clerk. She is currently working in Port Elizabeth as an Articled Clerk but wishes to join her husband in Durban after writing the admission examinations at the end of February. Mrs Hattingh obtained her LLB at the University of the Orange Free State in 2004 and speaks, reads and writes fluent Afrikaans and English.

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