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

Issue no.38 - 21 December 2007

Commencement date : 15 January 2008 for sections 7(1)(m), 9(1) and 34(1) *

Guidelines as basis for the payment of educators voluntary performing additional duties
GN 1140/GG 30536/07-12-2007 *

Implementation of Resolution 1 of 2007 on the revised determinations on medical subsidy ; leave of absence ; housing and new revised determination on working
GN 1185/GG 30565/11-12-2007 *

Marine Living Resources Act 18 of 1998

Invitation to comment on the policy and application forms concerning the allocation and management of long term fishing rights in the large pelagic sector (tuna and swordfish)
GN 1718/GG 30535/07-12-2007 *

Publication of policy on the management of seals, seabirds and shorebirds
GN 1717/GG 30534/07-12-2007 *

Small Claims Courts Act 61 of 1984

Establishment of a Small Claims Court for the area of Victoria West
GN 1148/GG 30537/07-12-2007 *

* Source : OSALL (Marina)

Sale of a house without approved building plans

Acceptance of offer after expiry date

Fencing off a right of way

CLISB - 2007, v.25(3), p.46

7 December 2007
CCT 33/07
Islamic Unity Convention v Minister of Telecommunications

World Jewish Congress welcomes South African court ruling on Anti-Semitic radio broadcasts - 7 December
The World Jewish Congress today welcomed a ruling by South Africa's Constitutional Court upholding sanctions imposed by the country's broadcasting watchdog, BMCC, against a Muslim radio station that had repeatedly propagated the denial of the Holocaust and anti-Jewish conspiracy theories. - Reuters website

7 December 2007
CCT 48/07
AD and Another v DW and Others
"Baby R"

6 December 2007
CCT 32/07
MEC Department of Agriculture Conservation and Environment and Another v HTF Developers (Pty) Limited

6 December 2007
CCT 12/07
Van Wyk v Unitas Hospital and Another

Constitutional Court rejects Ansac appeal - 19 December
The constitutional court has rejected an application to hear the first appeal that has come before it from the competition authorities. The appeal related to the oldest case on the authorities' books, which involves allegations of anti-competitive activity by American Natural Soda Ash Corporation (Ansac). Last week the court ruled that "it was not in the interests of justice to hear the matter at this stage". The constitutional court is the fourth and highest court to reject Ansac's bid to prevent a competitor, Botswana Ash (Botash), from intervening in the case before the competition tribunal. - GlassOnWeb website

Constitution Court backs conservationists - 18 December
One of South Africa's most powerful environmental protection tools has been rescued from the legal scrapheap by the Constitutional Court. Overturning a judgment of the Supreme Court of Appeal, 10 judges of the Constitutional Court ruled unanimously that it was vital to uphold the ability of government officials to act swiftly when there were urgent threats to the environment. Although the case centred on property developers destroying rare plants on the outskirts of Pretoria, the ruling has broader, nationwide implications for government officials, environmental watchdog groups and developers. It involves section 31A of the Environmental Conservation Act, which is seen by several legal experts as especially useful because of recent erosion of the Environmental Impact Assessment (EIA) laws. - IOL website
Keyphrase :
HTF Developers

State to pay Shaik's R2.5m legal bill - 7 December
The State will foot Schabir Shaik's legal costs at the Constitutional Court next year when he fights to retain his assets worth about R33-million, The Star newspaper reported on Friday. In an application to the Durban High Court recently, Shaik indicated that he had no cash and would need about R2.5-million to cover legal costs. The newspaper said the state agreed to give Shaik the money but not in hard cash. - iAfrica website

3 December 2007
616/06
Allianz Insurance Ltd v RHI Refractories Africa (Pty) Ltd [2007] SCA 174 (RSA)
Short-term insurance, ordinary rules of interpretation of contracts applicable. Special exclusion clause providing that the insurer will only indemnify the insured should 'unintended damage' result from a particular defect. Insurer held liable

30 November 2007
494/06
Le Roux v Hon Magistrate Mr Viana [2007] SCA 173 (RSA)
Warrants – whether s 69(3) excludes 'books and documents' in electronic form in the possession of a third party

30 November 2007
604/06
Menqa & Another v Markom & Others [2007] SCA 172 (RSA)
Sale in execution of residential property – s 66(1)(a) of Magistrates' Courts' Act 32 of 1944 – warrant of execution invalid as issued by clerk of magistrate's court without judicial oversight as required by Jaftha v Schoeman ; Van Rooyen v Stoltz 2005 (2) SA 140 (CC) – sale in execution also invalid and not saved by s 70 of Act 32 of 1944 – sale in execution and all subsequent sales of property declared null and void – appropriate remedy

30 November 2007
197/07
Whitehead v The State [2007] SCA 171 (RSA)
Criminal Law and Procedure – common purpose in the context of culpable homicide and public violence – whether duplication of convictions – sentence of 8 years confirmed – order contained in para 49

30 November 2007
647/06
Qualidental Laboratories v Heritage Western Cape [2007] SCA 170 (RSA)
National Heritage Resources Act – demolition permit with condition – whether provincial heritage resources authority has the power to impose conditions when granting demolition permit in respect of structure enjoying no formal protection in terms of the Act – condition not in conflict with principle of legality

30 November 2007
690/06
DPP, Western Cape v Killian [2007] SCA 169 (RSA)
A criminal trial is not unfair, fundamentally or at all, simply because the prosecutor also interrogated the accused at an earlier statutory inquiry at which the latter was denied the right to silence and the right against self-incrimination

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

Youth's circumcision nightmare goes to court - 4 December
A civil society organisation says it is to launch Equality Court proceedings on behalf of an Eastern Cape youth said to have been forcibly circumcised. The Justice Alliance of South Africa (Jasa) said on Tuesday it has agreed to act free of charge for Bonani Yamani (19). It claims he was subjected to traditional circumcision in March this year after he had himself circumcised at East London's Frere Hospital three months earlier. "Bonani had made it clear that his conscience and religious beliefs did not allow him to undergo the traditional Xhosa rite," Jasa said in a statement. - Mail & Guardian website

13 December 2007
10570/2003 2
Hough v BMW Financial Services SA Pty Ltd
The applicant brought an application for leave to appeal against the judgment of this court, handed down in this matter on 15 June 2007. At the commencement of the trial, first defendant, who is the principal litigant, decided to abide the judgment of this court. Applicant, who was joined, at his request, as second defendant, persisted in pursuing with the defences and counterclaims of first defendant. At the conclusion of the trial, judgment was granted against first defendant. The only adverse order made against the applicant was the costs order in terms of clause 42(e) of the judgment. It reads as follows: ˇ°First and second defendants are ordered to pay plaintiffˇŻs costs on an attorney and client scale and such costs to include the costs of the principal action and the claim in reconvention together with the costs consequent upon the employment of two counsel. It is further ordered that first and second defendants shall be jointly and severally liable for the payment of the costs, the one paying the other to be absolved, subject to the condition that the assets and/or the estate of second defendant first be excussed before execution is levied against the assets and/or estate of first defendant.ˇ± (See Grobbelaar v Federated Employers Insurance Co Ltd en ©° Ander 1974 (2) SA 225 at 230H-231A.) In his application for leave to appeal, applicant relied on a number of grounds to pursue his appeal. The first ground was that the court erred in not upholding the second defendantˇŻs (applicantˇŻs) point in limine, to the effect that there was no longer any justiciable dispute between the plaintiff and second defendant following the granting of an order amending the pleadings of plaintiff. The second ground was that the court erred in not holding that the Instalment Sale Agreement and the Contract of Insurance, were void ab initio by virtue of the fact that plaintiff traded as an insurer, either on its own or in partnership with Guardrisk in violation of the Short Term Insurance Act, 53 of 1998

12 December 2007
1316/2006
Smart and Others v The Really Great Band Company Ltd and Another
In and during September 2005 "Jack Daniels of Tennessee" celebrated his 155th birthday and generously decided to give away a Limited Edition Harley Davidson motorbike valued at R250 000,00 in a national competition. First respondent promoted the lucky draw on Jack's behalf. The three Applicants were selected as national finalist and had to participate in the final draw held in Cape Town. Shortly before the final draw first respondent admitted a fourth finalist, ie second respondent to the draw. The lucky draw turned into an unlucky draw for the Applicants when the first respondent went on to draw the winning key which started the bike. Jack had no option but to withhold the prize pending settlement of this dispute. This is an application to declare second respondent's participation in the contest irregular and invalid and to compel first respondent to re-run the final draw of the competition

10 December 2007
385/2007
Blaauw v The Road Accident Fund and Others
This is an application by the plaintiff to effect certain amendments to her particulars of claim which is opposed by the second defendant on the basis that by doing so the plaintiff is seeking to claim a debt from the second defendant that was extinguished by prescription

10 December 2007
14788/2007
Inyameko Trading 189 CC v Minister of Education and Others
The Programme offered by Unyameko Trading operates throughout the country, and falls under the ultimate auspices and control of the First Respondent, the Minister of Education. Each province receives a grant from the national government and each provincial Programme falls under the auspices and control of the MEC for Education in that province. The Programme divides the area covered by the Department into various districts. Inyameko is presently involved in providing services to the Department in respect of the Programme in six of these districts, and currently feeds some 56 558 school children. The Programme is aimed at providing school children with a nutritious meal to alleviate short-term hunger and enhance the active learning capacity of those school children. The Programme targets needy school children from disadvantaged or deprived communities. Inyameko is a wholly black-owned and managed enterprise. Furthermore, all of Inyameko's employees are historically disadvantaged individuals ("HDIs"), making Inyameko a 100% BEE-company. Inyameko was successful in its bid to provide feeding for over 56 000 school children in respect of the 2005 bid. The initial term of the 2005 bid was for two yeas until the end of the first school quarter in 2007. Inyameko's involvement in the 2005 bid has been a success. Inyameko is seen as model for other participants in the Programme, and Inyameko is well-known within the Department. The fact that its member has personally visited each of the schools in the Programme situated in the districts in which Inyameko is a supplier in terms of the 2005 bid. The 2005 bid was extended on at least three occasions, in order to facilitate the smooth running of the Programme. The 2007 bid was preceded by Bid No B/WCED 862 ("bid 862") for the provision of substantially the same services as that constituting the 2007 bid. Bid 862 closed on 29 January 2007. Inyameko submitted a bid under bid 862 in substantially the same terms to its bid under the 2007 bid. On 17 May 2007 Inyameko was informed by way of letter that the Department had evaluated all of the bids submitted to it, but that none of the bids had complied with the bid requirements stipulated in the bid documentation. The letter went on to inform Inyameko that the bid would be re-advertised on revised specifications over a shortened period

29 November 2007
SS190/2006
State v F B van der Vyver
Fred van der Vyver case - The defendant was arrested on the charge of murdering his girlfriend in her flat in Stellenbosch in 2005. Mr van der Vyver was acquitted

29 November 2007
8955/2007
A De Wet NO v Minister of Safety and Security
An application in terms of art 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002

29 November 2007
A84/2007
Timothy Lotter v State
The appellant appeared before the Cape Town Regional Court on a charge of rape, allegedly committed during August 2000. The appellant was found guilty and sentenced to ten years imprisonment. The appellant appeals to the Court against both the conviction and the sentence. The complainant said that she did not resist him physically, but that she made it very clear that she did not want to have sexual intercourse with him. She said that when "she realized that it was going to happen, whether I liked it or not, and obviously thinking of consequences, I asked him then if he is going to, I would prefer him to use a condom, which he then put on". The rape alleged by the complainant was not, therefore, accompanied by violence or threat. It was a matter of the appellant urging his attention on the complainant with such persistence that in the end she capitulated. The appellant denies al knowledge of the events as described by the complainant in her evidence

28 November 2007
757/06 [2007] ZAKZHC 15
Lindsay v Checkers Supermarket

28 November 2007
2291/2007 [2007] ZAKZHC 14
Ramdin v Pillay and Others

23 November 2007
A 105/07 [2007] ZAECHC 105
Sonjica and Others v Mapasa
The appellants unsuccessfully sought the discharge of a rule nisi interdicting them inter alia, from utilizing certain land leased by the respondent as pasture for their cattle. The appeal is against the order confirming the rule

22 November 2007
1616/2007 [2007] ZAECHC 101
New Life Communal Property Association v Draigri Boerdery Bpk
Perfection of landlord's hypotec and eviction order granted where lessee in arrear with payment of rent and fixed period of lease agreement came to an end. Option to extend lease invalid where space for increased rental left blank

21 November 2007
104/07 [2007] ZAECHC 100
Member of the Executive Council, Eastern Cape Province and Others v Queenstown Girls High School
Lawfulness of a public school's admission policy insofar as it related to disclosure of past conduct of a prospective learner at previous school for purposes of determining potential physical and mental danger to others at the school confirmed. Application of policy in particular circumstances not fair. Plea of lis alibi pendens dismissed where opposing papers not filed in first matter and different relief sought in second matter

Public shaming of fraudster 'not in line with new justice policy' - 11 December
A Port Elizabeth regional magistrate who sentenced a serial fraudster to stand in public holding a placard proclaiming her guilt and apologising to the victims has been overruled by the Grahamstown High Court. In the process, magistrates and judges in the Eastern Cape have been given a comprehensive judgment on how to apply the latest principles of restorative justice. - The Herald Online website

De Beers expects Jagersfontein ruling by March - 12 December
World number-one diamond producer De Beers said on Wednesday that it expected a decision from the Bloemfontein High Court on its rights over the Jagersfontein mine dumps, believed to contain millions of rands worth of diamonds, by the end of February. The hearing took place on December 3 and 4, with the judgement being reserved. - Creamer Media's Mining Weekly website

4 December 2007
6883/07 ; 7680/07 [2007] ZAKZHC 16
Shunmugan and Others v Newcastle Local Municipality and Others ; Nation Democration Convention and Shunmugan and Others

10 December 2007
26026/2006 [2007] ZAGPHC 300
Kgoele v Minister for Justice and Constitutional Development and Others

22 November 2007
2488/2006 [2007] ZAGPHC 284
Prokureursorde van die Noordelike Provinsies v Smit

21 November 2007
15340/07 [2007] ZAGPHC 279
Ibest (Pty) Ltd and Another v Wadpadrand Extension 34 CC
The applicants seek an order for a specific performance compelling the first respondent to comply with the provisions of clause 17 of the deed of sale entered into between the first applicant and the first respondent dated 12 October 2001, requiring the first respondent to remove all man made structures, including but not limited to roads, situated within a distance of 50 metres parallel to and along the full length of the western boundary of Wapadrand Ext Township. The applicants also seek alternative relief

6 November 2007
A 831/2005 [2007] ZAGPHC 270
Trustees for the time being of The Biowatch Trust v Registrar Genetic Resources and Others

5 November 2007
34882/2005 [2007] ZAGPHC 257
JSE Securities Exchange South Africa v Joint Municipal Pension Fund Joint Municipal Pension Fund v Deloite & Touche and Others

RAF, injury lawyer go to court over error - 20 December
The Road Accident Fund and a personal injury lawyer will go to court over a proclamation published by President Thabo Mbeki in July last year, which brought the wrong number of sections of the Road Accident Fund Amendment Act into operation. In June this year, the Pretoria High Court declared Proclamation R27 of July 19 2006 null and void and referred its order to the Constitutional Court for confirmation of its invalidity. However, the president issued another proclamation to amend the first proclamation. Attorney Marius Kruger said the first proclamation was invalid and could not be amended. Kruger's law firm served the poor areas of the Cape Flats and the firm's clients were often unable to pay a deposit to cover the costs for the investigation and for lodging a claim. The firm usually undertook this service and recovered these costs at the end of the case. - Business Day website

South African lysine saga settled - 18 December
The International Trade Administration Commission (Itac) in South Africa has instituted a safeguard duty of 27% on lysine after protests against the 160% duty that was previously imposed in May. In May, Itac imposed a 160% provisional safeguard duty on all imports of lysine, after a complaint by South African Bioproducts, the sole producer of the product in the Southern African Customs Union. The trade body's most controversial action, however, which drew litigation, was the decision to impose a safeguard duty against all countries from which the product was imported into SA. - AllAboutFeed website

See also :
Court ruling threatens to open the floodgates - 15 July
South Africa's trade barriers, which are used to safeguard local industries from a flood of cheap food and other imports, are in jeopardy. This follows a landmark court ruling against the state agency that administers trade tariffs, the International Trade Administration Commission (ITAC) of South Africa. The Pretoria High Court has ordered ITAC to request that the South African Revenue Services, which publishes the duties, scrap the safeguard measure within two days. But ITAC has applied for leave to appeal the decision. Trade experts say the court ruling opens the door for an avalanche of court challenges against the ITAC and South Africa's trade and tariff policies. South Africa is now on a collision course with the US, EU and its Asian trade partners. - Webber Wentzel Bowens website

5 December 2007
06/23129 ; 06/23130 [2007] ZAGPHC 294
Feldman NO v EMI Music Publishing SA (Pty) Limited ; Feldman NO v EMI Music SA (Pty) Limited
The plaintiff is cited in his capacity as the executor of the Estate Late Brenda Fassie. The plaintiff claims payment from the defendants for damages resulting from the defendants' alleged infringement of the plaintiff's copyright. The plaintiff further claims a statement and debatement of account from the defendant arising out of certain artist agreements entered into between the plaintiff and the defendant

27 November 2007
2007/8744 [2007] ZAGPHC 289
Ntuli v Leong and Another

Corrupt tender costs Post Office R60m - 14 December
The South African Post Office has been ordered to pay R60-million in damages due to contamination of a tender, according to Business Report on Friday. Judge Willie Hartzenberg found the Post Office had confirmed a corrupt tender in 2002 despite the fact that senior managers, including Maanda Manyatshe, the chief executive at the time, had been made aware of flaws in the process. - Mail & Guardian website

Court rejects bid to delay ANC summit - 7 December
The Johannesburg High Court yesterday dismissed an attempt by a member of the Sandton branch of the African National Congress (ANC) to have the party's conference later this month postponed for six months. The applicant, lawyer Votani Majola, cut a lone figure in courtroom 6E as he tried to argue that the conference be postponed so that the "playing fields" in the party's presidential succession race could be levelled. - allAfrica website

No judgment yet in Phiri water case - 6 December
The City of Joburg is taking reasonable measures within its available resources to provide all its residents with basic water services. This was said in the Johannesburg High Court by the City's legal team, in response to claims by the residents of Phiri, Soweto that Joburg's move to install prepaid water meters in that area was unconstitutional and unlawful. Joburg's legal team argued that the municipality was meeting its obligation to provide basic services to all its people, especially the poor. - Johannesburg Official website

Port Elizabeth

Attorney probed over ammo in his yard - 30 November
A Port Elizabeth attorney was quizzed in the magistrate's court over four large crates full of ammunition that were found by police on his premises in Central. Police were forced to get a warrant of arrest for attorney Fergus Satchwell after he repeatedly refused to meet police to explain how the crates had come to be on his property in Westbourne Road. Police said Satchwell had been contacted several times to identify the items at Humewood police station and provide documentation. However, Satchwell "preferred to use his secretary to communicate with detectives". - The Herald Online website

Pretoria

McBride's doctor hands himself over to police - 18 December
The doctor who is alleged to have falsified a medical certificate for Ekurhuleni police chief Robert McBride was granted bail on Tuesday, after handing himself over to the investigating officer in the case, police said. Ekurhuleni police spokesperson Superintendent Lungelo Dlamini said Dr Joseph Moratioa gave himself up and appeared in the Pretoria Magistrate's Court. Dlamini said, "He was granted R1 000 bail and the case was postponed to February 7". - Mail & Guardian website

Commission says DJ did not link God to 'pettiness' - 19 December
5FM radio station DJ Gareth Cliff did not make "petty" remarks about God, said the Broadcasting Complaints Commission of South Africa. On Wednesday the BCCSA released the findings of some of its recent tribunals, including a judgement handed down about remarks the morning DJ had made about God. "If it is such a big deal, I'm sure God will handle it, you know. If He is really that petty that he gets upset when you say his name, I'm sure He will send down appropriate punishment", Cliff said on a November 29 broadcast of his morning show. He was commenting on the case of a British teacher in Sudan who was sentenced to imprisonment for allowing a teddy bear to be named Muhammad. - Mail & Guardian website

Statements and Speeches

13 December 2007
Media statement on the commencement of certain provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007

12 December 2007
Statement on A1 Grand Prix record of decision

11 December 2007
Media statement on the progress report of the Land Bank in the last three months

10 December 2007
Manganese poisoning inquiry postponement riles Labour Department
Keyphrase :
Assmang Ltd, Cato Ridge

8 December 2007
Speech from President T Mbeki on Governance and Human Rights at the European Union-Africa Summit Lisbon, Portugal

7 December 2007
Latest crime statistics encouraging but levels of crime still unacceptable

6 December 2007
Crime statistics for the period 1 April to 30 September 2007

6 December 2007
Statement of the Monetary Policy Committee

6 December 2007
Mineral and Petroleum Resources Royalty Bill, 3rd Draft

6 December 2007
Transcript : Minerals and Energy Minister Buyelwa Sonjica at Post-Cabinet media briefing on Electricity Master Plan and Biofuels Strategy, Room 153, Union Buildings

6 December 2007
Welcoming remarks by KwaZulu-Natal Agriculture and Environmental Affairs MEC honourable Mtholephi Mthimkhulu at the Zululand Land and Agrarian Indaba Cecil Emmet Hall, Vryheid

6 December 2007
Statement on Cabinet Meeting of 5 December 2007

Excerpt :
The following Bills were approved :
• National Space Agency Bill will be gazetted for public comment
• The Consumer Protection Bill for submission to Parliament
• Draft Intellectual Property Laws Amendment Bill and the draft Policy on Protection of Traditional Knowledge system was noted and will be published for comment by the Minister of Trade and Industry
• The Prevention of and Treatment for Substance Abuse Bill for submission to Parliament

6 December 2007
Big business feels the wrath of the law for non-compliance with the prescribed acts
Keyphrases :
Liquor Act 59 of 2003
Second-hand Goods Act 23 of 1955

5 December 2007
Cabinet media statement

Excerpt :
"Premier Sibusiso Ndebele has lambasted the country's four major banks for what he referred to as 'terrible attitude towards Africans in KwaZulu-Natal' in their lending criteria. He said this at the Cabinet meeting in Pietermaritzburg after a presentation to the cabinet by First Rand Banking Group CEO Sizwe Nxasana"

5 December 2007
Glen Agliotti pleads guilty

4 December 2007
Public Hearings of the Portfolio Committee on Trade and Industry on the Standards Bill and National Regulator for Compulsory Specifications Bill

4 December 2007
Occupation Specific Dispensation (OSD) for educators' breakdown in negotiations in the Education Labour Relations Council (ELRC)

4 December 2007
Mpumalanga to eradicate informal settlements

30 November 2007
New minimum wages for contract cleaners

30 November 2007
A 'foundation for learning' strategy to be gazetted
Keyphrase :
National Education Policy Act

29 November 2007
Status on the matters of National Police Commissioner Jackie Selebi and ANC Deputy President Mr Jacob Zuma

29 November 2007
Judgment in the District Court of Pretoria held at Hatfield between the State and Billy Lesedi Masetlha, Case number : 222/3511/2006

28 November 2007
State vs Masetlha matter

28 November 2007
Western Cape MEC for Local Government and Housing Qubudile Dyantyi on possible occurrences of maladministration, fraud, corruption or other serious malpractice in the City of Cape Town

28 November 2007
Speech by Brigitte Mabandla, MP, Minister for Justice and Constitutional Development, at the 'Feast of Tuscany' celebration, Florence, Italy

28 November 2007
Mpumalanga receives report on fire investigation in the province

27 November 2007
Decision on Tsitsikamma Marine Protected Area : Minister Maintains status quo

Marine Protected areas will not be opened to public - 27 November
Marine Protected Areas (MPA) are critical in resuscitating ailing oceans and collapsing fish stocks, and would remain closed for recreational activities, according to Environmental Affairs and Tourism Minister Marthinus van Schalkwyk. Responding to proposals that government should open parts of the Tsitsikamma MPA for recreational fishing, the minister was clear that fishing would not be allowed there. - BuaNews Online website

26 November 2007
Statement on Ezemvelo KwaZulu-Natal Wildlife forensic investigation

22 November 2007
South African Human Rights Commission calls for harsher action against those breaking business competition regulations

22 November 2007
Statement on Cabinet meeting 21 November 2007

Excerpt :
The following Bills were approved :
• Reform of Customary Law of Succession Bill for introduction to Parliament
• Child Justice Bill for submission to Parliament

21 November 2007
Unemployed Insurance Fund (UIF) recovering money from illegal claimants

20 November 2007
Address by the Minister of Public Enterprises Alec Erwin at National Council of Provinces on the Broadband Infraco Bill

20 November 2007
Address by the Minister of Public Enterprises, Alec Erwin on South African Express Bill to the National Council of Provinces

20 November 2007
Speech by Lindiwe Sisulu Minister of Housing at the Occasion of the debate on the Rental Housing Amendment Bill, National Council of Provinces, Cape Town

20 November 2007
Address by Advocate Johnny de Lange, MP, Deputy Minister for Justice and Constitutional Development, on the Second Reading : Criminal Law (Sexual Offences and Related Matters) Amendment Bill, in the National Council of Provinces, Parliament, Cape Town

20 November 2007
Input on the Second Reading Debate in the National Council of Provinces on the Public Service Amendment Bill, delivered on behalf of the Minister for the Public Service and Administration Ms Geraldine Fraser-Moleketi by the Minister in the Presidency, the honourable Essop Pahad

20 November 2007
Statement on the passing of the Public Service Amendment Bill by the NCOP

20 November 2007
Address by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional Development, on the Second Reading : Judicial Service Commission Amendment Bill [B50–2007], In the National Assembly, Parliament, Cape Town

20 November 2007
Address by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional Development, on the Second Reading : South African Judicial Education Institute Bill in the National Assembly, Parliament, Cape Town

20 November 2007
Speech by Dr Zweli Mkhize, MEC for Finance and Economic Development on official opening of the Regional Conference on Intellectual Property (IP) Enforcement Durban, South Africa

20 November 2007
Speech by Marthinus van Schalkwyk, Minister of Environmental Affairs and Tourism at the Annual General Meeting of the Professional Hunters Association of South Africa (PHASA)

Hunting sector vital for conservation, tourism - 20 November
The professional hunting sector has an important role to play in conservation and tourism, says Environmental Affairs and Tourism Minister Marthinus van Schalkwyk. "Game farming and hunting contributes significantly to conservation, tourism development, job creation and sustainable development in rural areas, it is integrated with various sectors of the economy," he said. - BuaNews Online website

8 November 2007
The Public Service Commission releases a report on the Management of Conflicts of Interest through Financial Disclosures

1 November 2007
Audit protocols for the safety audit in the mining industry

This year's light legislative load not short on controversy - 5 December
At 43 bills passed, Parliament might have had one of its lightest legislative loads in the past 13 years, but at least three of the bills were massively controversial and face possible challenges in the Constitutional Court. They are the Films and Publications Amendment Bill, which threatened to infringe freedom of the press ; the Regulation of Interception of Communications and Provision of Communication Related Information Act, which will require registration of all cellphone users ; and the Public Service Amendment Bill, which is seen as preparing the way for a single public service at all three levels of government. - allAfrica website

Expropriation Bill

The Department of Public Works has officially released a Draft Policy on the Expropriation Bill for public comment.

The envisaged Expropriation Act seeks to harmonise the over 100 acts and ordinances that exist in the country dealing with expropriations. The principal legislative framework for expropriation in South Africa is the Expropriation Act 63 of 1975. It is a restrictive piece of legislation that restricts the state to expropriate only for 'public purpose.' It does not comply with the constitutional provision which states that the State can expropriate 'in the public interest'.

The public has been given 30 days to make submissions on the proposed Expropriation. The department intends to start the legislative processes in enacting the new Expropriation Act at the beginning of 2008.

Comments can be emailed to Mr Mandla Mabuza at mandla.mabuza@dpw.gov.za   by 14 December 2007.

The document is here: www.pmg.org.za/gazettes/071113publicworks-expropriatepolicy.htm

Mineral and Petroleum Resources Bill

State eases terms of mines royalties bill  - 7 December
The government yesterday released the third and final draft of the controversial Mineral and Petroleum Resources Bill, which the mining industry says goes some way towards meeting its concerns and brings SA more in line with world standards. The draft, which gives stakeholders until February 29 to comment, is still based on gross revenue, but allows deduction of value-added expenses such as beneficiation and transport. - Business Day website

Final draft royalty bill revises tax rates, cuts royalties - 6 December
South Africa’s Treasury, which released the third draft of the Mineral and Petroleum Resources Royalty Bill for public comment on Thursday, has revised the tax base and slashed royalties on most minerals. The third and final draft shifted away from the dual-rate system for refined and unrefined minerals, which was proposed in the second draft, towards an allowance for deductions of benefication-related expenses. - Creamer Media's Mining Weekly website

Sexual Offences Act 32 of 2007

Sweet teen kisses may be illegal according to new Act - 20 December
Stolen kisses in dark corners have taken on a whole new meaning, thanks to a new Act making it illegal for anyone under the age of 16 to kiss. The new Sexual Offences Act, signed into law by President Thabo Mbeki last week, has criminalised kissing, or any light sexual behaviour among people under 16 - even if it is consensual. - The Herald Online website

Sexual Offences Act came into operation - 18 December
Certain sections of the long-awaited Sexual Offences Act finally came into operation on Sunday. According to a statement released by Department of Justice and Constitutional Development, Clause 72 of the Act provides for the implementation of Chapters 1 to 4 and 7 came into operation on Sunday. - BuaNews Online website

Will the Children's Amendment Bill really improve the well-being of SA children? - 17 December
South Africa currently has in place a commitment to children's rights of which it can justly feel proud. The denial of children's rights under apartheid, and the brutal treatment of those who resisted, spawned a deep child rights consciousness in those involved in making the new state. To this end, the South African Bill of Rights, law reform and policy decisions all support the well-being and positive development of children. However, it remains the case that the majority of children in South Africa still face serious threat to their survival, health and participation. Constitution Hill Public Programmes and the HSRC Press, in support of this year's 16 Days of Activism for No Violence against Women and Children, invite you to join in on this debate and to celebrate the launch of Monitoring Child Well-being : A South African rights-based approach (HSRC Press). - MyPressPortal website

New rape laws to help protect victims - 14 December
After a protracted delay, South Africa's tough new laws against sexual abuse will finally enter force on Sunday. The Justice and Constitutional Development Ministry said on Friday that the Sexual Offences Amendment Act will help the country "fight the scourge of sexual offences head-on" and will at last give greater protection to victims of sexual crimes. For the first time, victims will be able to go to court to force their attackers to take Aids tests. - Mail & Guardian website

Mixed review for the New Sexual Offences Act

National Working Group on Sexual Offences press release

14 December 2007

The Sexual Offences Act which has undergone a reform process since 1996 has finally been signed by the President on 13 December 2007. The Act, now officially referred to as the Sexual Offences Act 32 of 2007, creates a range of new offences and addresses a wide range of issues relating to the management of sexual offences.

Definitions and New Offences

The definition of rape is extended to include the penetration of the mouth, anus and genital organs of one person with the genital organs or another body part of another person, or an object or part of the body of an animal. "We welcome provisions in this long awaited Act that recognise the seriousness of oral and anal penetration and recognise the seriousness of sexual violation of boys and men" says Samantha Waterhouse, Advocacy Manager of Resources Aimed at the Prevention of Child Abuse and Neglect.

The Act also introduces a range of crimes that relate specifically to the sexual exploitation of children and people with mental disability, these include, sexual grooming, sexual exploitation and the use of children or people with mental disabilities in pornography or the display of pornography to children. "The bill cast's its net wide to criminalise any people who are involved in or gain from these acts in any way" says Waterhouse.

The Act also creates tighter laws relating to consenting acts between teenagers, it criminalises any sexual activity no matter how light between teenagers under the age of 16 in spite of both parties being willing.  Two fourteen year olds kissing consensually is considered criminal in this law.  Fortunately the Act builds some protection against prosecution in these cases. These developments are concerning.

Procedure and management of cases

The Act provides for a National Policy Framework which is intended to address procedural aspects of the investigation and prosecution and to ensure parliamentary oversight of implementation.  The content of this has yet to be developed by different departments. This has the potential to address current problems and inconsistencies relating to the management of cases by police, health and prosecutors.

The Act has failed to substantially address key challenges in prosecuting cases of sexual violence against children. Minimal improvements have been made regarding improving access to protective measures, meaning that many children and most adolescents and adults will continue to be expected to testify in the presence of the accused.

"There are some very positive developments in this Act," says Joan Van Niekerk, National Co-ordinator of Childline SA "but Childline is bitterly disappointed that in terms of procedure the Act does little for children".

Waterhouse adds that "Children are subjected to serious trauma in our courts on a daily basis.  Although the Act refers to offering complainants the maximum and least traumatising protection possible, it has not done this, it is an extremely concerning gap in the Act".

Drafting and Implementation

The drafting of the offences is complicated and very confusing, police have not been trained on the implications of the new legislation on statement taking in these cases, this has potentially serious impact for the outcome of these cases in court later.

Sex Offender Register

The Act introduces a Sex Offender Register, this register adds nothing to what is already covered by the Child Protection Register in the Children's Act. "It is a serious duplication in legislation and will result in resources being spent to establish and maintain two registers.  The duplication is alarming, this will involve all civil society organisations and State agencies having to make a double effort to work with two and not one register" Says Van Niekerk.

In addition the Bill :

• Places an obligation on any person who has knowledge of a sexual offence against a child to report such knowledge

• Provides for post-exposure prophylaxis against HIV infection, this does not require that the case is first reported to the SAPS

• Provides for testing of offenders for HIV

• Does not address the counselling and therapeutic needs of children.

Contact

Samantha Waterhouse, Advocacy Manager, Resources Aimed At the Prevention of Child Abuse and Neglect
084-522 9646

Joan Van Niekerk, National Co-ordinator, Childline South Africa
083-303 8322

South Africa

Legal profession produces its own equity charter - 6 December
Members of the legal profession have taken a large step forward on the road to transformation with the release last week of an empowerment charter to boost its base of black lawyers. - allAfrica website

Black lawyers elect a sparrow, not a legal eagle - 8 December
Andiswa Ndoni, the newly elected boss of the Black Lawyers Association is lean. But she's not at all as mean, or combative, as one half-expects. Ndoni is the first woman elected to lead the BLA, which has received predictable plaudits for getting with the game at last. But one wonders if the choice isn’t a cop-out. They've done the politically correct thing and shown how enlightened they are. But the woman they've picked, company secretary and legal adviser to Teba, is no legal eagle. If she has talons, she keeps them so well hidden that one suspects she's been chosen because she will do and say what she is told by the real bosses, the men. - Sunday Times website

Writer reveals backward sexism - 16 December
We want to put it on record that we respect the freedom of the media. However, the article by Chris Barron "Black lawyers elect a sparrow, not a legal eagle" (December 9), leaves a bitter taste in our mouths. [Black Lawyers' Association]. - Sunday Times website

Law Society disappointed at patronising and sexist tone of Sunday Times article

Law Society of South Africa media release

13 December 2007

The Law Society of South Africa (LSSA) is disappointed at the patronising tone of Chris Barron's interview with Black Lawyers Association (BLA) President, Andiswa Ndoni, in the Sunday Times of 9 December 2007. "The LSSA finds Mr Barron’s insinuation that Ms Ndoni has been elected President 'because she will do and say what she is told by the real bosses, the men' – among other statements – insulting and derogatory," says LSSA Chief Executive Officer, Raj Daya.

Ms Ndoni has been a prominent and active member of the BLA Executive for a number of years, and with the BLA being one of the six constituent members of the LSSA, Ms Ndoni has been an active member in discussions also at LSSA level for many years. She has played a leading role in promoting skills transfer and further education for black practitioners. We believe she is eminently qualified and capable of leading the BLA, as much so as any of its male members.

In terms of its Constitution, the LSSA and its constituent members have committed themselves to building an organised legal profession which is non-racial, non-sexist, democratic, representative, transparent and accountable. This includes working towards eradicating gender-insensitive attitudes in both the profession and the public.

"The LSSA believes Mr Barron's assumptions about Ms Ndoni's capabilities and leadership qualities reflect a gender stereotyping that is still too prevalent in our society. It implies that women are required to be aggressive, vociferous and opinionated to be good leaders," says Mr Daya.

The LSSA invites Mr Barron to judge the new BLA President on her track record once in office for some time, and not in terms of paternalistic preconceptions.

Issued on behalf of the Chief Executive Officer, Raj Daya
by Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : Raj Daya : 012-366 8800 or 083-447 9398
Telephone : Barbara Whittle : 012-366 8800 or 083-380 1307
E-mail : barbara@lssa.org.za
Website : www.lssa.org.za

Zuma wants 'better' laws - 12 December
African National Congress deputy president Jacob Zuma on Tuesday questioned when the country's laws would intervene to protect vulnerable people. Speaking at a dinner hosted by members of the KwaZulu-Natal legal fraternity in Pietermaritzburg, Zuma said: "At what point does the law intervene to protect the vulnerable? The laws are worthless if a person abuses a person or a group of persons". Zuma said the law failed to intervene when "a person in a position of power" moved to abuse the vulnerable. - News24 website

An unstoppable Zunami - 14 December
A casino might seem a perverse setting for a presidential hopeful to address anybody, let alone what purported to be a gathering of the KwaZulu-Natal legal fraternity in Pietermaritzburg on Tuesday evening. The Golden Horse Casino is a succinct answer to those who wonder what has gone wrong in our society. - Mail & Guardian website

Accounting

Charter for accountants out at last - 3 December
In a bid to accelerate the training of black chartered accountants and transform the South African accounting landscape, the accountancy profession at the weekend became the latest sector of the economy to come up with an empowerment charter. The charter for the accounting profession, which has been nearly four years in the making, includes seven key elements of empowerment for the purposes of measurement under the scorecards. These targets are equity ownership, employment equity, preferential procurement, skills development, enterprise, development, management control, and socioeconomic development contributions. - Business Day website

Arts and Culture

Heritage transformation charter under review - 4 December
The Heritage Transformation Charter was provisionally adopted by the
practitioners at an Indaba on the matter on Monday, in Midrand. "There is a dire need to review the legislation in the sector and the department has started a process that will take cognisance of this Charter," said Ntombazana Botha, the Deputy Minister of the Department of Arts and Culture. All the heritage sub-sectors, including museums, heritage sites, libraries, archives and indigenous knowledge systems are to give comprehensive inputs to the independent team that is drafting the Charter by 14 December 2007. - BuaNews Online website

Criminal Justice System

Special group to recommend pardons to President - 21 November
In the interests of national reconciliation and nation-building, President Thabo Mbeki has "opened a window" of opportunity for prisoners jailed for what many will assert are politically-motivated crimes to apply for a presidential pardon. Rather than granting an outright presidential pardon - a power granted to the president under the Constitution - President Mbeki has decided to ask each of the political parties represented in parliament to set up a Reference Group that would make recommendations to him on presidential pardons. - BuaNews Online website

Consumerism

Goods and services like you’ve never seen them before : consumer rights in South African law - 19 December
We are learning quickly. As a jurisdiction we have had to play a bit of international catch-up with jurisdictions in other parts of the world that are accustomed to creating consumer rights and consumer protection through the use of legislative instruments. Article by Neil Kirby on the Mondaq website

Cyberlaw

Overview of e-commerce in South Africa - 16 September
Growth in e-commerce in South Africa is fuelled by the realisation that online procurement and supply-chain management can trim costs and improve customer relationships. Moreover, many of the largest companies in South Africa - financial institutions, mining, chemical and manufacturing businesses - conduct business globally and have thus kept pace with the demands of global customers. Procurement marketplaces continue to grow, enabling vendor sourcing, order and transaction processing, and system integration. - Internet Business Law Services website

Environment

Draft diving regulations gazetted - 4 December
Draft regulations to prohibit diving in certain areas were gazetted for public comment on Monday, with the aim of protecting abalone. Minister of Environmental Affairs and Tourism, Marthinus van Schalkwyk, gazetted the regulations, after the suspension of the commercial abalone fishery, which will be implemented from 1 February 2008. - BuaNews Online website

Health

SALC Establishes Online HIV/Aids Case Law Database

News release from the South African Litigation Centre

3 December 2007

The new HIV/Aids programme at the Southern Africa Litigation Centre (SALC) has today launched an online HIV/Aids legal database.

Accessible via the web, the legal database will offer free access to numerous judicial decisions from around the world on HIV/Aids-related issues, including discrimination and access to treatment. Court decisions from Botswana, South Africa, Nigeria, India, United Kingdom, and Canada, among others, can be found on the database.

Priti Patel, the programme director, explained : "The law is a powerful advocacy tool for vindicating the rights of those infected and affected by HIV/Aids. And yet in most southern African countries there are few cases in national courts on HIV/Aids related issues. This database is an example of how we will be working with and supporting local and regional lawyers, community groups and other civil society members in bringing key legal cases on HIV/Aids related issues such as discrimination, access to treatment, and mandatory testing".

She said World Aids Day is observed as a reminder of our commitment to stop the debilitating impact of HIV/Aids. SALC launched this database to assist lawyers and activists in southern Africa fighting to protect the rights of those infected and affected by HIV/Aids.

In a forthcoming report, SALC will use the cases in the database to analyse the role and success of courts in upholding the rights of those infected and affected by HIV/Aids.

Patel further said : "The database is very easy to use ; anyone with internet now has access to judicial decisions on issues affecting those living with HIV through this database". The database can be found at http://www.southernafricalawcenter.org/salc/casedocket/casedocketlisting.aspx?Category=hiv

Issued by : FDBeachhead

Judiciary

Mbeki approves judges' appointment - 20 December
The Labour Appeal Court has three new judges after the last round of Judicial Service Commission interviews. President Thabo Mbeki has accepted the commission's recommendations for the appointment of judges Dennis Davis, Mashangu Monica Leeuw and Sisi Khampepe. - IOL website

Land Affairs and Property

Sands of time catch up with property boom - 21 December
Beach erosion is a world-wide phenomenon and, although it is threatening parts of the Eastern Cape coast, we are also leading the way in reclaiming lost beach and finding ways to avoid the problem in the future. In St Francis Bay, the issue erupted two years ago following 30 years of gradual erosion caused by residential development on inland "bypass" dunes. - The Herald Online website

Farm expropriated for restitution claim - 20 December
A Limpopo farm will be expropriated despite a price deadlock, the Department of Land Affairs said on Thursday. "We cannot negotiate forever, we need to finalise restitution claims in order for the department to be able to focus its energies on other departmental priorities including strengthening settlement support for land reform beneficiaries," said the acting chief land claims Commissioner Tumi Seboka. The land would be transferred to the Letebele, Mpuru and Maraba Communities, who were dispossessed of their right to the land in 1965. Seboka said a notice of expropriation was served on Sechaba Trust, the liquidators of the company Rivermouth Fruit Exporters which owned the 2355.8802 ha citrus producing farm. - IOL website

Sugar industry : concerned farmers speak out - 18 December
A crisis looms in KwaZulu-Natal's sugar industry as protracted land claims degrade properties and threaten to render productive farms unprofitable.
Cane farmers in the province have prepared a dossier of their concerns to present to the KwaZulu-Natal department of agriculture and environmental affairs early in 2008. - IOL website

Mystery Brit puts in biggest offer for Bathurst's 'Pig' - 13 December
Bathurst's 182-year-old Pig 'n Whistle Hotel, reputed to hold the oldest liquor and hotel licence in South Africa, has been provisionally liquidated. An auction at the famous hotel yesterday raised offers of R3,2-million for the complex, with its separate rooms, cottage, bottle store and two shops. But these were rejected in favour of a mystery British buyer known only as "Mike", who made the highest bid by phone, reliably believed to be R4,5-million. - The Herald Online website

Land claim derails new mall - 11 December
A village chief is claiming more than 240 plots of land scattered all over Mthatha, some in the city centre. They could be worth millions of rands. Nkosi Ngubesizwe Njemla, acting on behalf of kwaLindile Community, first made headlines when he went to the Mthatha High Court in a bid to put a stop to a giant shopping mall being developed in Nkululekweni. His court bid has now brought the mall development, which was due to open next year, to a complete standstill. Njemla and his people are part of a community forcefully removed from their land in 1953 by the then-government to make way for a forest, now known as Langeni Forest. They were dumped on farms near Mthatha where they settled and built homes. It is in these farms, now known as the Trust Farms, that areas such as Mthatha Airport, Wellington Prison, Mthatha Dam, the Holiday Inn, Nkululekweni and Fort Gale are situated. - Daily Dispatch website

Factions clash over land for stadium - 10 December
The land that the government paid R65m for was allegedly sold for just R1 to build the Mbombela Stadium in Nelspruit. The stadium is being built for the 2010 Fifa World Cup that is to be hosted by South Africa. Phineas Mdluli, a disgruntled founding member of the Mdluli Trust, owners of the land, accuses the board of trustees in a High Court application of selling the portion of the land where the stadium is being built for a mere R1. The 45 000-capacity stadium, which according to estimates will be worth R920m on completion, will host first round games of the 2010 spectacle. Mdluli went to court in a bid to fire the board of trustees but has had his application thrown out. - Sunday World website
Keyphrase :
2010 FIFA World Cup

Court frees towns from tribal claims - 10 December
The towns of Komatipoort, Hectorspruit, Malelane and the entire holiday town of Marloth Park, comprising more than 4 000 stands, have been prevented from being returned to a number of tribal community land claimants. This follows a judgment delivered to a side application to one of the largest land claim applications in South Africa, involving 30 000ha in the nearby area. The area is an important economic and tourist node that forms part of the Maputo corridor, the gateway between South Africa and Mozambique. Judge Shanaaz Meer ruled last week that it was neither in the public interest nor feasible that the land within the delineated urban edges of the four towns should be restored to any land claimant. - Business Report website

Cabinet keeps Land Bank report in-house - 7 December
The cabinet has rescinded a decision to hand a forensic report on the financial affairs of the Land Bank to the National Directorate of Public Prosecutions, opting to first exhaust internal avenues. "We are not blocking the process, we are saying we must exhaust internal options first before going to the police," government communications head Themba Maseko said, defending the executive's decision. - allAfrica website

Richtersveld community reaps Alexkor riches - 7 December
The marriage between the West Coast Richtersveld community and State-owned diamond-miner Alexkor has been consummated with a R440-million gift from government, after nearly ten troubled years of legal confrontation and negotiations. The impoverished community, which government dispossessed of its land in the 1920s, now has a 49% stake in Alexkor's Alexander Bay operations, just south of the Namibian border, and will welcome development grants of R240-million over the next three years. - Creamer Media's Mining Weekly website

Descendants of slaves seeks restitution - 7 December
The Land Claims Court is to decide whether descendants of freed slaves, under the Macassar Land Claim Committee, may go ahead with their claim to dunes being mined for sand. This follows objections filed by mining company Maccsand and the Department of Mineral and Energy Affairs against the committee amending its papers. - IOL website

Minerals and Energy

Mining companies agree to protect land - 13 December
Five major organisations at the heart of North West's economy have joined hands to grab opportunities in the mining industry while committing to protect land from waste contamination and air pollution, writes Kagiso Metswamere. The North West Parks and Tourism Board (NWPTB), the Heritage Park and the three mining companies have signed a collaboration agreement which will see a joint and consultative approach to mining in the mineral rich Rustenburg area. There have been concerns previously that mining activities took place with little regard for issues of conservation which had a negative impact on the health of residents and the land. - BuaNews Online website

Govt to do balanced assessment of mining and environmental issues in Xolobeni mine-right review - 11 December
A group of about 50 peaceful protesters from the Xolobeni community, in the Eastern Cape, handed over a petition in support of the proposed heavy minerals mining project in the area, to the Department of Minerals and Energy (DME) on Tuesday. The Xolobeni community members present at the protest said they were in favour of the mining-rights application being granted to the junior mining company Transworld Energy & Minerals (TEM), as the mining operation would bring along with it bulk infrastructure such as water, electricity, schools and clinics to the community, as well as creating jobs in the area. - Creamer Media's Mining Weekly website

Government to move cautiously on biofuels strategy - 7 December
Government is moving cautiously as it proceeds with its strategy for biofuels production, reducing the initial biofuels production target of 4.5 percent by 2013 to two percent in the face of increased concern at the prospect of rising food prices. Speaking to reporters following a post-cabinet briefing by government spokesperson Themba Maseko, Minister of Minerals and Energy Buyelwa Sonjica said that concerns over food security - and the price of key staple foods - played a major role in the decision to reduce the target. - BuaNews Online website

SA to tighten mine safety policy, but prosecution remains a problem : Sonjica - 6 December
Minerals and Energy Minister Buyelwa Sonjica said that the South African mining industry still needed to do more in terms of achieving its own standards of safety and that, as a result, the department would look at "tightening the mine health and safety policy". Over 200 fatalities have been reported in the country's mines this year and the Minister had previously warned of stronger action, even prosecution, against mining management who failed to improve health and safety. - Creamer Media's Mining Weekly website

Municipal Demarcation Board

'Failed' district management areas set to go - 3 December
In a move likely to result in redrawn boundaries or merging of certain local municipalities under the Cacadu district municipality, the Municipal Demarcation Board is proposing phasing out district management areas (DMAs). According to local government legislation, an area has to have a certain number of people for a municipality to be established. Despite their size, sparsely populated expanses of land in Cacadu do not warrant the establishment of local municipalities. Municipal Demarcation Board chairman Vuyo Mlokoti said the board would only take a final decision on Thursday, but it was in favour of phasing out DMAs. - The Herald Online website

Municipal Management and Procedure

Municipalities' budgets must be credible - 3 December
Municipal financial officers must make sure that their budgets are credible and aligned to the Integrated Development Plans (IDPs). Speaking at the recent graduation ceremony of the Certificate Programme in Management and Development for Municipal Finance (CPMD) at Wits Business School, Gauteng MEC for Local Government Qedani Mahlangu called for municipalities to establish credible budget system controls. The IDP is broad-ranging development plan that municipalities are, by law, required to design. - BuaNews Online website

National Prosecuting Authority

Justice Minister up first in Ginwala Enquiry - 14 December
Justice Minister Brigitte Mabandla will be the first person called upon to file her submission to the Ginwala Enquiry on 15 January 2008, says enquiry head Dr Frene Ginwala. Dr Ginwala, a former Speaker of Parliament, on Thursday released the finalised Rules and Timeframes for the enquiry into the suspended National Director of Public Prosecutions (NDPP) Advocate Vusi Pikoli. - BuaNews Online website

Provinces

Province overhaul looms : Mufamadi - 13 December
Spatial inequalities created during apartheid between rich and poor remain apparent in all the provinces 13 years after democracy. This affected the country's development, said Provincial and Local Government Minister Sydney Mufamadi yesterday. He was speaking in Pretoria on the first phase of a provincial and local government review, commissioned by the cabinet in January. - allAfrica website

12 December 2007
Government completes first phase of review on provincial and local governments
SA Government Online website

12 December 2007
Completion of the first phase of the policy review on the system of provincial and local government and the way forward in 2008
SA Government Online website

Public provide insights on local govt system - 13 December
Over a hundred submissions received from the public have provided new insights into the workings of government at grassroots level, since South Africa became a democracy. These emanate from their contributions towards a review of provincial and local government policies and systems. The Department of Provincial and Local Government (dplg) initiated the process to review policies following a Cabinet decision early in 2007, to assess whether government's central objective to serve citizens is being advanced by the current provincial and local government. - BuaNews Online website

Taxation Law

Offshore trusts : South African income tax and exchange control consequences - 20 December
South African residents can now invest up to R2 million abroad, and a question that is often asked is : What are the tax and exchange control consequences where the foreign investment allowance is placed in an offshore trust? Furthermore, the 2003 exchange control and tax amnesty attracted some 43 000 applications. The window period for applying for amnesty has long passed, but the tax consequences arising out of the applications submitted to the authorities are complex and are often misunderstood. This article attempts to identify some of the issues that need to be considered when reviewing the tax consequences arising out of funds owned by an offshore trust, for which the donor applied for and received amnesty as well as the consequences facing an investor in South Africa investing their foreign investment allowance in an offshore trust. - Article by Beric Croome of Edward Nathan Sonnenbergs on the Mondaq website

Japan

Japan removes humpback whales from kill list - 21 December
Japan's whaling fleet in the Antarctic will avoid killing humpback whales for now, but will press on with plans to slay 1 000 other whales by early in the new year, a government official said on Friday. The move follows Australia's announcement on Wednesday that it would send a fisheries patrol ship to gather evidence for a possible International Court challenge to halt Japan's yearly slaughter. - Mail & Guardian website

New Zealand

Be wary of reverse mortgages, report warns - 20 December
Elderly people and their families should be very cautious about taking out reverse mortgages on their homes, an Auckland District Law Society paper warns. The society's public issues committee has published a study of the mortgages, where people borrow against their homes to finance their later lives. - Stuff website

Taser shouldn't be rushed : committee - 20 December
Tasers needed to be seen as a weapon of next-to-last resort, just short of deadly force, and not just as another option, Auckland District Law Society public issues committee said in an article issued today. Overseas experience and recent events covered in the media showed there was a tendency for police to develop a casual attitude towards these weapons and the trial showed the potential for similar attitudes to develop among New Zealand police, committee convenor Professor Noel Cox said. While not totally opposed to the use of Tasers, the committee said a number of concerns had yet to be publically addressed by police bosses, including strict guidelines for use of the weapon. - Stuff website

Greece

Pedestrian charged for walking over car - 19 December
A pedestrian has been charged with damaging property after walking over a car that was parked illegally on the sidewalk in Greece's congested capital. "I could not get past the vehicle, a four-wheel drive, which had been parked right on the pavement so I got angry and just walked over it, slightly denting its hood," Tasos Pouliasis told state television on Tuesday. - Mail & Guardian website

Nordic Countries

Norway oil spill stirs fears for Arctic - 13 December
Favourable winds were set to keep an oil slick 10km long and 5km wide from reaching the Norwegian shore, although rough seas hampered a clean-up operation, energy group StatoilHydro said on Thursday. The accident has stirred debate about the risks of opening up new areas of Norwegian waters for oil and gas exploration, especially in the Arctic, where spills would have a bigger impact. - Mail & Guardian website

Courts

Slavery charges on India born couple - 18 December
An India born American millionaire couple has been found guilty of slavery by US prosecutors. The millionaire couple enslaved and tortured two Indonesian women working in their New York mansion as house-keepers. The women were repeatedly subjected to psychological and physical abuse and were forced to work 18 hours or more a day. Fifty-one-year old Mahender Murlidhar Sabhnani,and his wife, Varsha Mahender Sabhnani, 45 could both go to jail for as long as 40 years. - NDTV website

Environment

New Energy Act gets green light - 19 December
President Bush on Thursday morning signed into law legislation that sets higher fuel efficiency standards and boosts production of domestic biofuels. Known officially as the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007, it introduces the first increase in mileage standards since 1975, when mandates were first instituted. It calls for ethanol production - both from corn and other sources, such as woodchips and switchgrass - to increase nearly fivefold over the next 15 years. And it sets higher standards for efficiency of lighting and household appliances, with a goal of phasing out incandescent bulbs in 10 years. - CNet News website

Environment

Update on international climate negotiations - 17 December
The United Nations Framework Convention on Climate Change reached agreement in Bali on Saturday on a roadmap to reach a new international climate change agreement. Several Google.org team members attended and have shared their thoughts on some of the themes of the conference. - The Official Google Blog

Bali climate deal : Now comes the hard part - 16 December
A "historic" Bali deal. A "Berlin Wall" dividing rich and poor nations on global warming policy falls. A "new chapter" for Washington after six years of climate disputes with many of its allies. And now comes the hard part. After all the praise for the agreement hammered out at the 190-nation Bali meeting to work out a long-term climate treaty involving all nations by late 2009, governments will have to work out the details. - Mail & Guardian website

Kyoto Protocol reaches ten year milestone - 11 December
The Kyoto Protocol celebrated its 10th birthday on Tuesday, 11 December this year, marking a milestone in the international community's first, major concerted effort to preserve the environment, reports Xinhua News. The Kyoto Protocol was adopted at the third Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) (COP 3) in Kyoto, Japan on 11 December 1997. - BuaNews Online website

Human Rights

UN calls for moratorium on death penalty - 19 December
The United Nations General Assembly passed a non-binding resolution on Tuesday calling for a moratorium on the death penalty, overcoming protests from a bloc of states that said it undermined their sovereignty. The resolution, which calls for "a moratorium on executions with a view to abolishing the death penalty," was passed by a 104 to 54 vote, with 29 abstentions. - Mail & Guardian website

Archive for Year-end Wrap-Ups
http://www.resourceshelf.com/category/source-file/resources/lists-rankings/year-end-wrap-ups/

2007 : the year in review
http://www.news24.com/News24/Gallery/Home/0,,galleries-1-4814,00.html

Dad's sale of pot-smoking son's game sparks Web debate - 18 December
A Canadian man who said he sold his 15-year-old son's prized video game, a Christmas gift, on eBay after catching him smoking marijuana has sparked an online debate on who is wrong  - father or son. The unidentified man decided to punish his son by selling the popular and hard-to-find Guitar Hero III video game he had bought him for Christmas for $90 on the auction site, where an Australian buyer bid $9 100. - CNet News website