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

Issue no.14 January 2008

This information service also serves to draw attention to current news items
 and readers are directed to the hosts' websites

Contents
News
Black Lawyers Association - Year Planner 2008
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
Marketplace
JutaLaw

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 
 News
 
Black Lawyers Association
Year Planner 2008
Region Subject Date
KwaZulu-Natal    
  Land and Housing 2 February
  COIDA 12 April
  Medical Law 12 July
  Constitutional Law 7 and 8 November
Eastern Cape    
  Land and Housing 15 March
  Constitutional Litigation 16 and 17 May
  Municipal Law 1 November
Free State    
  COIDA 14 June
  Competition Law 6 September
Gauteng    
  National Credit Act 16 February
  Land and Housing 19 April
  Medical Law 24 May
  COIDA 21 June
  Constitutional Litigation 12 and 13 September
  Entertainment Law 27 September
  Competition Law 15 November
Limpopo    
  National Credit Act 5 July
  Entertainment Law 30 August
  Competition Law 11 October
Mpumalanga    
  Municipal Law 7 June
North West    
  Municipal Law 1 March
  Land and Housing 23 August
  Entertainment Law 18 October
Northern Cape    
  Municipal Law 2 August
  Constitutional Litigation 4 October
Western Cape    
  Constitutional Litigation 25 and 26 January
  National Credit Act 29 March
  Competition Law 10 May
  Corporate Tax 26 July
  Medical Law 16 August
  Land and Housing 20 September
Contact

Miss Cwayita Nghona
Project Manager – CLE
Black Lawyers Association – Legal Education Centre
33 Hoof Street Forum 7, Braampark, Braamfontein 2017
Telephone : 011-403 0802
Fax : 011-403 0814
Cell : 084-979 1228

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 News on the Electronic Front
 Recent Judgments Available on the Internet

Supreme Court of Appeal of South Africa - http://www.supremecourtofappeal.gov.za/index.html ; wwwserver.law.wits.ac.za/sca/index.php ; http://www.uovs.ac.za/apps/law/appeal/

February/March Roll - online at http://www.supremecourtofappeal.gov.za/sca/2008%20Feb_Mar%20Roll.pdf

Bulletin 1 of 2008 - online at http://www.supremecourtofappeal.gov.za/sca/bulletin/Bulletin1_2008.pdf


Land Claims Court of South Africa - www.law.wits.ac.za/lcc/

14 September 2007
(LCC 86/2007) [2007] ZALCC 1
Kungwini Local Municipality v Puntlyf 520 Investments (Pty) Ltd and Others
Expropriation Act No 63 of 1963 – Application by the Municipality to stay a warrant of eviction pending an intended expropriation of land by the Municipality, allegedly for housing purposes – True purpose of the intended expropriation is to protect the occupiers on the land from being evicted – such not a municipal function or duty – Application dismissed

New battle for District 6 - 4 January
Disillusioned District Six land owners have launched an urgent application in the Land Claims Court to halt all development in the historic area pending a forensic audit of the District Six Trust. The Trust has been acting on behalf of claimants throughout the drawn-out land restitution process, but not all of them accept its bona fides. The applicants are also seeking an interdict preventing the City of Cape Town, the Land Claims Commission and the Trust from implementing a restitution and redevelopment agreement the Tripartite Agreement in November 2000. - Cape Argus website


Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

Man forfeits two properties, cash to state - 31 December
An Observatory man has agreed to hand over two Woodstock properties and more than R400 000 in cash to the National Director of Public Prosecutions (NDPP) following a Cape High Court application for the forfeiture of his assets. Melwyn Bathgate was acquitted of drug-related charges, but the State is considering an appeal. He also faces charges relating to tax and money laundering. The State asked the court to order that the record of the criminal proceedings be admitted as part of the forfeiture application. - IOL website

Delft Eviction Case

Cape Judge changes his mind on eviction of backyard dwellers - 4 January
The Western Cape provincial housing department is set to become embroiled in the legal process to evict more than 100 backyard dwellers from the Delft area of Cape Town, part of the national government's flagship N2 Gateway project. Cape High Court Judge Deon van Zyl yesterday decided not to move on a ruling he made on Christmas Eve to evict the dwellers, an order against them sought by state-owned Thubelisha Homes. - allAfrica website


Eastern Cape Division - http://wwwserver.law.wits.ac.za/echc/index.php

Task team to track down TB ward fugitives - 4 January
Following a court order, a specially established task team will don surgical masks to apprehend multi drug resistant (MDR) and extreme drug resistant (XDR) TB patients who absconded from Port Elizabeth's Jose Pearson TB Hospital last month. Eastern Cape health department spokesman Siyanda Manana said the Grahamstown High Court order compelled patients to return to the hospital and not be discharged until they had been cured. To prevent a recurrence of the incident in which three TB patients spat in the faces of security guards during their brazen escape, Manana said the health department had issued masks to a task team established to deal with the escapees. - The Herald Online website


Free State Provincial Division - www.uovs.ac.za/fac/law/highcourt/

13 December 2007
3215/2006
De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Three Others
Review of granting of prospecting rights under Mineral and Petroleum Resources Developments Act 28 of 2002. Affected party to be notified, even where it does not intend to apply for prospecting right itself. MPRDA does not apply to mineral rights in tailing dumps

8 November 2007
575/2007
Staat v Luis Garpar Gomes Sardinha
Strafproses – erkenning van skuld – beskuldigde het ten aansien van 'n oortreding van artikel 65(5) van Wet 93 van 1996, die Nasionale Padverkeerswet, 'n erkening van skuld betaal. Hy het later verneem dat hy as gevolg van daardie betaling outomaties onbevoeg is om 'n bestuurderslisensie te besit. Spesiale Hersiening – landdros stuur saak na regter om landdros se bekragtiging van skulderkenning ter syde te stel – hersieningshof stel die bekragtiging van die skulderkeningsboete ter syde sodat landdros die opskorting van die bestuurderslisensie kan heroorweeg ingevolge artikel 35(3) van die Nasionale Padverkeerswet. Nota : Sien ook S v Francois Swanepoel, Saaknommer 600/2007, per Wright, R op 13 Julie 2007

27 September 2007
4031/2007
Milly Maria Swanepoel and One Other v T A Mashigo and Two Others
Employment – suspension of police officer – regulation providing that employee must be given a reasonable opportunity to make written representations – this is in accordance with s 3(2)(a)(ii) of the Promotion of Administrative Justice Act 3 of 2000. The applicants were not afforded adequate opportunity to make meaningful representations. A reasonable person could on the available information not conclude that suspension of the applicants was required as a precautionary measure. Semble : where there is no real risk of flight or interference with the investigation or witnesses, the investigation should be completed and the changes formulated before the accused person is required to appear in court

13 September 2007
1386/2007
Oosthuizen Beatrix and One Other v Oosthuysen Petrus Johannes and One Other
Application for transfer of action from one court to another in terms of section 3 of the Interim Rationalisation of Jurisdiction of High Courts Act, No. 41 of 2001 – respondent pleading the existence of a contract prohibiting transfer – whether binding agreement concluded and effect thereof on the application

7 September 2007
1039/2007
Paramount Chief L C Mota v Premier of the Free State Province and Four Others
Traditional Leaders – Paramount Chief (King) – Commission on Traditional Leadership Disputes. Interdict – relief sought interim in nature : the applicant wants the matter to be resolved by the Commission on Traditional Leadership Disputes. The final decision will be that of the Commission. Installation of a Chief is central to the whole recognition process. Court granting interim interdict prohibiting inauguration of third respondent


Natal Provincial Division - http://www.saflii.org.za/

Zuma Case

Mabandla knew of Zuma indictment - 4 January
Justice Minister Brigitte Mabandla was informed of the National Prosecuting Authority’s decision to prosecute ANC president Jacob Zuma for corruption, fraud and racketeering. - The Times website

Zuma can count on me, says KZN businessman - 4 January
A state witness in the fraud and corruption case against Jacob Zuma says he can't wait to take the stand - to defend the African National Congress president. "I am hoping I will be called so that the truth can finally be told," KwaZulu-Natal businessman Vivian Reddy, who reportedly assisted Zuma after he incurred a debt of more than R1-million on his Nkandla development, told The Mercury on Thursday. - IOL website

The Zuma super charges - 4 January
There is now only one legal avenue left for Zuma to escape a possible career-ending criminal trial - to bring a successful application for the permanent stay of charges against him on the basis that his rights to a fair trial have been irreversibly infringed. According to insiders this might happen very soon, even within a few weeks. Zuma's attorney, Michael Hulley, this week said that he still had to consult with his client. - Mail & Guardian website

Country's great survivor faces a whole new challenge - 3 January
In the general preamble, the indictment says that during the period it covers, Zuma was a high-ranking official in the provincial executive of KwaZulu-Natal (MEC for Economic Affairs) and the national government (deputy president) and also held high office in the ruling ANC. It concludes that by virtue of these offices, he was in a position to exercise considerable influence. It also notes that both the interim constitution and the final constitution prohibited Zuma from taking up other paid employment, or engaging in activities inconsistent with his role as an MEC or as deputy president. The executive ethics code also imposed on Zuma the "highest ethical standards" and prohibited him from wilfully misleading the legislature and "exposing himself to any situation involving the risk of a conflict between his official responsibilities and his private interests". - allAfrica website

Zuma and lawyer in no hurry for a speedy trial - 3 January
The corruption trial of Jacob Zuma was unlikely to start earlier than the scheduled August 4 date, his lawyer, Michael Hulley, said today. The National Prosecuting Authority said this week that it was prepared to proceed with the case earlier if Zuma wished. "I don't think that there is any likelihood that it will be sooner than (August)," Hulley told Radio 702 today. - Cape Argus website

Arms deal could blow up - 3 January
The National Prosecuting Authority's case against ANC president Jacob Zuma has the potential of blowing the lid on the irregularities linked to the government's controversial multibillion-arms deal. Yesterday political analyst Steve Friedman said "depending on the route the trial takes, the case could open up the belly of the arms deal". Friedman also pointed out that previously Zuma had indicated that he had evidence linking some government officials to the arms deal saga. His defence has previously indicated that it could call Mbeki as a witness. - Sowetan website

NPA speaks out on Zuma - 2 January
The National Prosecuting Authority (NPA) has defended its decision to charge Jacob Zuma and called on politicians not to incite disrespect for the law. "The NPA is sensitive to the controversy which this decision (to prosecute Zuma) evokes," NPA spokesperson Tlali Tlali said in a statement on Tuesday. - IOL website

Shaik paid Zuma's ex-wives : NPA - 2 January
Jacob Zuma's former wives, including Foreign Affairs Minister Nkosazana Dlamini-Zuma, are alleged to have received payments from convicted fraudster Schabir Shaik. Shaik is alleged to have paid Dlamini-Zuma a total of R22 000 in three separate payments, while Kate Zuma allegedly received six payments totalling R23 400. - The Times website

Prosecution alleges Shaik paid thousands for Zuma kids - 1 January
Fraud convict Schabir Shaik is alleged to have spent in excess of R800 000 on Jacob Zuma's children - footing an education bill of close to R500 000. Attached to the indictment against the ANC president, filed in the Pietermaritzburg High Court, was a spreadsheet that detailed a list of 783 payments allegedly made by Shaik and his companies from October 25 1995 to July 1 2005, totalling R4 072 499,85. The detailed spreadsheet had amounts as low as R25 - allegedly for a "mini-car valet" - to the R400 000 allegedly paid for the "development of his traditional residential village estate in Nkandla". The indictment was filed on Friday, shortly after midday, as Zuma was about to hand out presents to children in his home district of Nkandla. - Mail & Guardian website

1 January 2008
Jacob Zuma and others face prosecution
SA Government Information website

Dozens of big names on list for Zuma case - 31 January
The state has identified a list of 218 witnesses it intends calling to testify in its case against the African National Congress leader Jacob Zuma. Attached to the indictment, filed in the Pietermaritzburg High Court, the list of witnesses includes Independent Democrats party leader Patricia de Lille, former judge Willem Heath and former ANC MP Andrew Feinstein. - IOL website


District Courts

Van Rhynsdorp

Murder case against boy (7) withdrawn - 21 December
The case against a seven-year-old accused of murdering his eight-year-old classmate with an axe in Klawer earlier this year has been withdrawn while his 12-year-old co-accused is to be prosecuted. Wilfred Kriel was allegedly lured into the bushes by the two boys and repeatedly hit with an axe on May 28. Yesterday the director of public prosecutions withdrew the case against the boy but he will not go home and will be kept at a Clanwilliam place of safety because he is still to appear in the children's court. The director of public prosecutions plans to prosecute the 12-year-old and his case was transferred to the regional court in Vredendal where it is expected to continue on January 3. - Pretoria News website

Magistrates Courts

Port Elizabeth

'The Cousin' threw tantrum : gallery owner - 28 December
Popular comedian Barry Hilton threw a tantrum inside a Port Elizabeth art gallery before allegedly making off with paintings worth more than R10 000 to settle an unclaimed debt. This emerged when Hilton appeared in the Port Elizabeth magistrate's court yesterday on charges of robbery and crimen injuria after the incident on Christmas Eve. - The Herald Online website


 Government and Legislation

South Africa Government Information - http://www.gov.za ; http://www.polity.org.za

Statements and Speeches

31 December 2007
New Year message of the President of South Africa, Thabo Mbeki

15 December 2007
Statement by Marthinus van Schalkwyk, South African Minister of Environmental Affairs and Tourism, on Climate Change : Bali Roadmap


Parliamentary Monitoring Group - http://www.pmg.org.za/
Documents may generally be accessed immediately by clicking on the underlined hyperlinks.  Subscription-protected documents are indicated by * * * Subscription required * * * ; KZNLS members who require access to restricted documents should cut-and-paste the reference/s into an e-mail request to help@lawlibrary.co.za.

2008 Legislative Programme : Parliament of South Africa - http://www.pmg.org.za/overview/legprog2008.htm

  Anticipated date of introduction
Adjustments Appropriation Bill October
Administrative Adjudication of Road Traffic Offences Amendment Bill Third quarter
Agricultural Debt Management Repeal Bill February
Air Services Licensing Amendment Bill First quarter
Air Traffic and Navigation Services Company Amendment Bill Third quarter
Appropriation Bill February
Banks Amendment Bill (Dedicated Banks) August
Black Authorities Act Repeal Bill July
Castle Management Act Repeal Bill January
Children's Second Amendment Bill Fourth quarter
Civil Aviation Offences Amendment Bill Second quarter
Community Scheme Ombud Service Bill May
Companies Bill March
Competition Amendment Bill July
Constitution Fifteenth Amendment Bill May
Constitution Fourteenth Amendment Bill April
Constitution Sixteenth Amendment Bill May
Consumer Protection Bill March
Council for Geoscience Amendment Bill Third quarter
Council on Built Environment and the Professional Councils Reporting to It Amendment Bill July
Criminal Procedure Amendment Bill June
Cross Border Road Transport Amendment
Bill
First quarter
Customs and Excise Revision Bill October
Deeds Registries Amendment Bill June
Defence Amendment Bill February
Diplomatic Immunities and Privileges Act Amendment Bill First half
Deposit Insurance Fund Bill October
Direct Charges Bill June
Division of Revenue Bill February
Domestic Partnerships Bill April
Electricity Distribution Industry Restructuring Bill Second quarter
Energy Bill Second quarter
Expropriation Bill February
Financial Intelligence Centre Amendment
Bill
January
Fire Services Bill November
Fish and Fish Products Levies Bill June
General Finance Laws Amendment Bill (Auditing Profession and Special Pensions Amendment Bill) S75 Bill June
General Financial Services Laws
Amendment Bill
January
Geneva Convention Bill July
Housing Amendment Bill May
Housing Development Agency Limited Bill February
Inclusionary Housing Bill May
Insurance Laws Amendment Bill July
Intellectual Property Laws Amendment Bill October
Intellectual Property Rights from Publicly Financed Research Bill Second quarter
Intelligence Services Amendment Bill April
Judicial Matters Amendment Bill February
Land Transport Bill Second quarter
Land Use Management Bill June
Language Professions Council Bill April
Legal Practice Bill December
Legal Succession to the South African Transport Services Amendment Bill Fourth quarter
Liquor Products Amendment Bill March
Lotteries Amendment Bill November
Magistrates (Appointments) Amendment
Bill
June
Magistrates' Courts Amendment Bill August
Marriage Amendment Bill April
Meat Safety Amendment Bill July
Medical Schemes Amendment Bill April
Medicines and Related Substances Bill June
Merchant Shipping and Ship Registration Amendment Bill Third quarter
Merchant Shipping (Civil Liability Convention) Bill Second quarter
Merchant Shipping (International Oil Pollution Compensation Fund) Bill Second quarter
Merchant Shipping (International Oil Pollution Compensation Fund
Contributions) Bill
Second quarter
Merchant Shipping (Safe Containers Convention) Bill Third quarter
Military Discipline Bill April
Mine Health and Safety Amendment Bill Fourth quarter
Mineral and Petroleum Royalty Bill January
National Advisory Council on Innovation Amendment Bill Fourth quarter
National Arts Council Amendment Bill April
National Conventional Arms Control Amendment Bill May
National Energy Regulator Amendment Bill Fourth quarter
National Environmental Laws Amendment
Bill
September
National Health Act Amendment Bill August
National Key Points, Strategic Installation and Places of Importance Bill March
National Prosecuting Authority Amendment Bill February
National Qualifications Framework Bill (NQFB) July
National Strategic Intelligence Services Amendment Bill (Priority) April
The Non-Profit Organisations Amendment Bill Second half
Postbank Bill August
Prevention of and Treatment for
Substance Abuse Bill
March
Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment
Bill
February
Private Security Industry Regulation Amendment Bill March
Protection of Information Bill February
Public Administration Management (Single Public Service) Bill May
Public Finance Management Revision Bill June
Public Service Broadcasting Bill November
Radioactive Waste Management Agency
Bill
Fourth quarter
Reform of Customary Law of Succession
Bill
February
Regulation of Tax Practitioners Bill September
Renaming of High Courts Bill December
Revenue Laws Amendment Bill October
Safety at Sports and Recreational Events Bill April
Science and Technology Laws Amendment
Bill
Third quarter
Second-Hand Goods Bill First half
Second Revenue Laws Amendment Bill October
Second Taxation Laws Amendment Bill February
Sectional Titles Amendment Bill June
Sectional Titles Schemes Management Bill May
Skills Development Amendment Bill Second half
Social Service Professions Bill Second half
South African Academy of Engineering
Bill
Fourth quarter
South African Combat Sports Bill June
SA Medical Research Council Bill April
The South African National Water Rescources Infrastructure Agency Limited Bill (Priority) November
South African Police Service Amendment
Bill
June
South African Post Office Limited Bill August
Space Agency Bill July
State Information Technology Agency Amendment Bill September
State Liability Amendment Bill April
State Owned Enterprises Shareholder Management Model Bill Fourth quarter
State Valuation Adjudication Bill (amendment of the existing Land Affairs Act, 1987) July
Surveying Profession Bill June
Sustainable Utilization and Protection of Agricultural Resources Bill November
Tax Administration Bill October
Taxation Laws Amendment Bill February
Technology Innovation Agency Bill November
Traditional Courts Bill January
Unclaimed Benefit Funds Bill October
Unemployment Insurance Amendment Bill Second half
Veterinary and Para-Veterinary
Professions Amendment Bill
July
Western Cape Fuel Levy Bill August

Committee Minutes

Communications Portfolio Committee
* * * Subscription required * * *

7 November 2007
Independent Communications Authority and Sentech 2006/07 Annual Report Briefings


Legislation

Sexual Offences Act 32 of 2007

Everyone Against The New Kissing Law
(11 641 members - 3 January)
Facebook website


 Useful Links and Items of Interest

Legal Profession

Canada

Law Society condemns assassination of former Pakistan prime minister Benazir Bhutto, expresses concerns about further violations of the rule of law - 3 January
The Law Society of Upper Canada joins the worldwide legal community in its support for an international, neutral investigation into the assassination of former Pakistan prime minister Benazir Bhutto. It is also calling on lawyers to continue to support members of the legal profession and the judiciary in the Islamic Republic of Pakistan in their efforts to restore the independence of the judiciary and the rule of law. The Law Society of Upper Canada condemns the assassination of the former Pakistan prime minister and the deaths of others who perished in the attack on her life on December 27, 2007. - Newswire website

United Kingdom

Lawyers celebrated in Honours List - 2 January
Four lawyers were rewarded with OBE's in the 2008 New Year's Honours list for achievements in fields ranging from law firm management, pro bono, diplomacy in Baghdad and animal welfare. Newcastle-based Ward Hadaway's managing partner Jamie Martin was awarded an OBE for "services to business in the North East". Solicitor Dinah Crystal was honoured for "services to the pro bono legal services". Crystal is director of external relations and clinical education at Manchester University's school of law and set up the Legal Advice Centre eight years ago. Abda Sharif was rewarded with an OBE for her services as a legal adviser to the British Embassy in Iraq. Mike Radford received an OBE for his activities in the field of animal welfare law. Jonathan Squire was awarded an MBE for his services in "community relations" in Glasgow through the Glasgow Ethnic Minorities Law Centre. - The Lawyer website

Law Societies set for merger - 31 December
A 200-year-old law society will make a bid for greater regional representation with a merger tomorrow.The Devon & Exeter Law Society (DELS) will merge with the Somerset Law Society to make up a group of 1 023 lawyers. DELS president Erik Salomonsen said linking with Somerset was a natural progression for his society. He said : "The merger will mean we have a greater regional representation and help us to expand the range of services on offer to members of the legal profession. The legal profession is facing many challenges and reforms and a strong law society representing the interests of members at a national level is vital". The new society will be known as the Devon & Somerset Law Society. Its new website is
www.dasls.com. - This is Exeter website

Solicitors get permission to wear wigs - 21 December
The Government has decided solicitors and other advocates, in addition to barristers, will have the option to wear wigs where they would be worn by members of the bar. The new practice direction follows a consultation on the issue by the former Department of Constitutional Affairs, now the Ministry of Justice, along with the Lord Chief Justice. Solicitors will be allowed to don wigs from 2 January. In magistrates' courts advocates will continue to appear without robes and wigs. - The Lawyer website


South Africa

Communications

SABC and pay-TV scrap - 4 January
The public broadcaster and the pay-TV industry are already at loggerheads, ahead of the launch of a number of new commercial TV stations next year. At the centre of the dispute is the SABC's insistence that it should be paid for the content which the pay-TV operators are obliged to make available on their platforms "subject to commercially negotiable terms". This, according to the Electronic Communications Act, is to help the public broadcaster achieve its mandate of universal access and service. - my adsl website

Crime

AfriForum gears up to take Mbeki to court - 3 January
Afriforum has contracted the Institute for Security Studies (ISS) to research the government's handling of its constitutional duty to curb crime and expects to use the findings to take President Thabo Mbeki and the minister of safety and security to court. If the findings confirmed its suspicion that efforts to combat crime were seriously wanting, its legal team would petition the court to order the state to comply with its constitutional duty to ensure the safety of citizens, AfriForum said. Members of the public could contribute to the costs of the court case. - IOL website

Education

Second chance for failing matrics - 24 December
A national plan is in place to give thousands of matriculants who are not expected to pass this year a second chance, a newspaper reported on Monday. "Education departments confirmed on Sunday that the plan was being finalised at provincial level," the report in Beeld said. The plan involves millions of rands being earmarked to give failed pupils extra tuition from February to May next year, so that they can rewrite exams in June 2008. - Mail & Guardian website

Environment

Conservationists angry over illegal plant - 31 December
Environmentalists are angry at what they believe to be a chromium-processing plant operating "clandestinely and illegally" from an important catchment area which provides water to half the Tshwane area. It is feared that the plant, situated on a smallholding in Elm Street in Petit, near Benoni, is posing a serious health risk and could already have contaminated groundwater in the area. - IOL website
Keyphrase :
Rietvlei Dam

'Dead fish toxic-free' - 4 January
Yesterday city manager Mike Sutcliffe said a series of tests had shown that a surge in the organic load into the water was responsible for the death of the fish. "Based on the repeated scientific measurements undertaken over the last week, we still are of the view that the incident was caused by a surge in organic load into the headwaters of the harbour". These range from waste management practices within the port and in the catchment that drains into the port ; the recent spate of rains which could have contributed to a relatively greater organic load into this system and the fact that there could be industrial effluent discharges being illegally connected into the storm water system. He said the investigation into exactly which company, individual or organisation might have been solely or collectively responsible was ongoing. - Sowetan website

Durban Harbour pollution causing a stink - 30 December
The Durban Harbour has been filled with hundreds of dead fish floating to the surface, alongside the smell of hydrogen sulphide in the air. The KwaZulu-Natal Department of Water Affairs and Forestry said that it may be due to "organic waste", however, further news reports say than an industrialist stated that dead fish were flowing into the harbour from the Umbilo canal. - Deeper Blue website

Green group threat to 'illegal' properties - 21 December
Home owners and the developer of an upmarket Gauteng estate, described by Pam Golding as "nestled in a luxuriant greenbelt", face the threat of possible criminal and civil charges related to having homes within a 50m buffer zone of a wetland. According to the Environment and Conservation Association, which also took on the Airports Company SA (Acsa) over a fuel spill, the residents of Clearwater Estate near Boksburg are not the only ones who may find themselves facing legal action for "vicarious liability" - there are more than 100 developments in Gauteng that could be considered illegal. - allAfrica website

Health

4 January 2007
Minister of Health calls an urgent meeting to address the private hospital groups' tariffs increases

SA Government Information website

Dispute over private-hospital fee hikes - 31 December
The registrar of medical schemes, Patrick Masobe, has threatened to take private hospitals to the Competition Commission if they fail to justify their price increases planned for next year, Business Day reported on Monday. Private hospitals traditionally raise tariffs on January 1 after negotiations with medical schemes, whose members constitute the bulk of their patients. - Mail & Guardian website

Land Affairs and Property

Banks set to become developers again - 28 December
2008 may well be the year that the banks re-enter the property market as residential developers – for the first time in decades. So says Jo Pelser, MD of leading developer Sable Homes, who notes that there is currently much pressure on the financial institutions to facilitate the provision of housing stock at the lower end of the market. The banks are working on their commitment to lend billions of rands to lower income homebuyers, but there are not enough affordable houses available for them to meet this target. - Rodney Hayter website

Minerals and Energy

Mining plan in Pondoland hits public input snag - 27 December
The minerals and energy department has rejected a bid for an extension of the proposed Pondoland titanium mining project's environmental assessment process so that key reports on water, electricity and roads can be completed. This was said by Nanette Hattingh, of Groundwater Consulting Services (GCS) in Pretoria, the consultant contracted by the mining company to assess the environmental sustainability of the Wild Coast project. The proposed Xolobeni mining site, on the north-eastern tip of the Wild Coast in the Pondoland area, stretches 22 kilometres from the Mtentu River to the Mzamba River. - The Herald Online website

Municipal Management and Procedure

Cape Town

Green Point group hails council's decision - 19 December
The Green Point Common Coalition has praised MEC for Environmental, Planning and Economic Development Tasneem Essop for applying "a lot of thought and consideration" in deciding to reject the City of Cape Town's plan for an urban park on the Green Point Common. In a statement issued on Tuesday Essop announced that she had accepted the city's architectural and landscaping guidelines for the urban park, but rejected the city's physical plan of the park. - IOL website

Msunduzi

Fear of political storm grips Msunduzi - 3 January
Will the real Msunduzi municipal manager please stand up? The city hall still effectively has two centres of power, with two acting municipal managers having been appointed in December. Municipal Manager Rob Haswell, who is on leave until next week, appointed Sikhumbuzo Mpanza to act in his position, a move which does not appear to have been well communicated in the ANC caucus. While the mayor was attending the ANC conference in Limpopo, council Speaker Alpha Shelembe, also from the ANC, convened a sitting in which the Mpanza appointment was discussed and dismissed by the entire sitting. Senior official Zwe Hulane was appointed acting municipal manager. - IOL website

Nelson Mandela Bay

Bay council moves to restructure - 4 January
In a rationalisation process which will do away with duplication of services and make some savings, the Nelson Mandela Bay municipality has recommended the restructuring of its six entities, winding up some which were Section 21 Companies and incorporating them into certain directorates. The entities are the Feather Market Centre, Centenary Promotions, Nelson Mandela Metropolitan Art Museum, Nelson Mandela Bay Tourism, Mandela Bay Development. - The Herald Online website

National Prosecuting Authority

'Not long' before Selebi decision known - 4 January
Minister of Justice and Constitutional Development Brigitte Mabandla had studied the National Prosecuting Authority's (NPA) decision on whether police National Commissioner Jackie Selebi "had a case to answer", her spokesperson said on Friday. Zolile Nqayi said the minister had studied the report last year. - Mail & Guardian website

Transport

CAA : light-aircraft accidents caused by 'human factor' - 4 January
The recent spate of light-aircraft accidents was largely a result of human error and negligence, the Civil Aviation Authority (CAA) said on Friday. "It's not the machine that is a problem - it's the human ; the pilot, the maintenance engineer . . ." said the CAA's executive manager of air-safety investigations, Gilbert Thwala. - Mail & Guardian website

Miscellaneous

Tuks law students bring world trophy home - 24 December
The Tuks law team again took world honours recently when four students of the law faculty of the University of Pretoria brought home the trophy from the inaugural International Criminal Court Trial Competition held in The Hague, Netherlands. The competition was held this month and Tuks was one of 12 of the world's leading universities invited by the International Criminal Law Network (ICLN) to take part in this mock trial competition. Four students - Michael Dafel, Andrew Molver, Avani Singh and Jonathan Swanepoel - argued a hypothetical case based on some of the contentious issues surrounding the International Criminal Court. - IOL website


Africa

Botswana

SA to hand over murder accused to Botswana - 22 December
Three men accused of murdering a Botswana businesswoman were to be handed over by South Africa at the Ramatlabana border post on Saturday - this after Botswana had agreed not to impose the death penalty on them should they be found guilty of killing Gloria Mahowe. - Mail & Guardian website

Chad

French aid workers home from Chad to face four years in prison for child 'abduction' - 29 December
Six French aid workers found guilty of attempting to abduct 103 children in Chad were jailed on their return to France last night. Their repatriation followed a high-level agreement between France and its former colony. The members of Zoe's Ark, a children's charity in France, were given eight years' hard labour by a Chadian court on Wednesday. But they are likely to have their sentences commuted into straight jail terms in France, where convicts cannot be required to carry out forced labour. - Times Online website

France asks Chad to send kidnap convicts home - 27 December
France asked Chad on Thursday to send home six French aid workers sentenced to eight years' hard labour for trying to kidnap 103 children. The four men and two women from French humanitarian group Zoe's Ark were arrested in October as they tried to fly the children, aged one to 10, to Europe for fostering with families. - Reuters website

Egypt

Egypt to copyright the pyramids and antiquities - 27 December
Egypt is planning to pass a law that would exact royalty payments from anyone found making copies of the country's ancient monuments or museum pieces, including the pyramids. Zahi Hawass, head of Egypt's Supreme Council of Antiquities, said his country wanted to own the copyright to its historic monuments and would use any money raised to pay for the upkeep of its most prestigious sites. - Mail & Guardian website

Namibia

Can Namibia meet its rural challenges? - 3 January
With the NDP 3 (Third National Development Plan) focusing on rural development for the next number of years, it is quite evident that Government intends to address the potential the rural areas and their communities could offer. - Namibian website

Uganda

Google to find Kabaka's land - 3 January
As the dispute between President Museveni's government and the Kingdom of Buganda over land heats up, the latter has hired leading Internet search company Google to "search and map" all the kingdom's land in Buganda. The move follows claims by Uganda government officials that Kabaka Ronald Muwenda Mutebi does not know his kingdom, implying that his land claims might be kiwani (fake). The Buganda Kingdom, for its part, accuses the Museveni government of attempting to steal its land. Among other disputed claims, the Buganda Kingdom is demanding from the central government the "return" of 9 000 square miles of land. But government officials say that no one knows where the claimed land is located. - allAfrica website


Asia

India

No more confusion in floor space index rights of a plot - 4 January
Builders will no longer need the consent of existing flat owners if they have extra floor space index (FSI) available on a plot and are planning to have additional buildings . Of course, provided the new construction has all the necessary approvals from the municipal authorities. Flat owners' consent will be required only when the additional construction results in alterations to their existing building or the construction described in the purchase agreement between the flat buyer and the builder. - Economic Times website

Pakistan

Bhutto had been set to reveal 'poll-rig plot' - 1 January
Benazir Bhutto had planned to brief visiting American politicians about an alleged poll-rigging plot orchestrated by Pakistan's intelligence agencies on the day she was killed, senior officials of her Pakistan People's Party (PPP), said on Monday. Bhutto had obtained details of an Islamabad safe house run by the country's Inter-Services Intelligence (ISI) agency from where it intended to manipulate the poll. - Mail & Guardian website

Taiwan

Taiwan recycles Chiang landmark - 1 January
Taiwan has reopened a giant monument in the capital Taipei to late President Chiang Kai-shek, as a memorial to human rights abuses under his rule. While a 10m-high (33ft) bronze statue of Chiang remains in place its guard of honour has been removed. Records of victims and milestones on the road to democracy now ring the statue, along with about 300 kites. "We have turned a hall that was originally a temple at which to worship an authoritarian dictator into a place for Taiwan people to reflect, study and explore the freedoms of democracy and human rights," President Chen Shui-bian told a crowd of invited guests. - BBC News website


Europe

Denmark

Danish accused of Christmas tree price fix - 26 December
The cost of Christmas trees is rising sharply this year because of a price-fixing scam by tree importers. The Danish Christmas Tree Growers' Association and its director have been charged with price-fixing under the country's competition laws over allegations that the body sent cost guidelines to members. It is understood these suggested a rise of between 10 and 25 per cent. - Telegraph website

Environment

Germans tighten car exhaust rules - 1 January
Three German cities - Berlin, Cologne and Hanover - have introduced "environmental zones" to reduce fine particle emissions from traffic. Drivers now have to display a coloured sticker on their vehicle to enter the inner city zones. The colour depends on the pollutants the vehicle emits. The cities are gradually phasing in fines of 40 euros (Ł29 ; $58) for anyone caught driving without a sticker. - BBC News website

Reactors could burn weapons plutonium - 27 December
A new generation of nuclear power plants could burn 100 tonnes of surplus weapons-grade plutonium as a good way of keeping it away from terrorists, according to scientists working for the European Union. - Mail & Guardian website


Middle East

Iraq

Iraqi cabinet approves draft general pardon law - 26 December
The Iraqi cabinet approved a draft law on Wednesday that will offer a general pardon to thousands of prisoners in US military and Iraqi custody, a government spokesman said. "The cabinet has passed the general pardon law, which will define who is eligible to be freed from all prisons, both Iraqi and American," spokesman Ali al-Dabbagh told Reuters. The law still needs to be approved by parliament. - Reuters website


United Kingdom

Criminal Justice System

Home Office says 4 000 foreign criminals deported - 26 December
More than 4 000 foreign prisoners have been deported from Britain during the past year, including killers and sex offenders, the Home Office said on Wednesday. The number is in line with government targets, but the Conservative Party said it "should not crow about its lamentable record". The Border and Immigration Agency (BIA) deported more than 4 000 foreign national prisoners in 2007, an increase of 50 percent on the year before. More than 20 killers, 200 sex offenders and 1 100 drug offenders were among the group. - Reuters website

Environment

Nuclear consultation seen flawed - 4 January
The government's public consultation last year on the need for new nuclear power plants to tackle climate change and bridge the looming energy gap was flawed and misleading, a group of academics said on Friday. The government, which has said repeatedly new nuclear power stations are needed, was forced by a legal ruling last February to undertake the consultation which ended in October. - Reuters website

Finance

Darling to boost bank regulator's powers - 4 January
The government will give its financial watchdog greater powers to step in early and take control of bank deposits when lenders run into trouble, Chancellor Alistair Darling said. The near collapse last year of Northern Rock, the country's fifth-biggest mortgage lender, has triggered calls for changes to the way Britain oversees its banking industry. - Reuters website

Forensic Science

Police halt DNA test after Omagh case - 21 December
Police suspended a controversial DNA testing procedure on Friday after critical comments by the judge in the Omagh bomb trial. The Association of Chief Police Officers (ACPO) also said a review would be carried out on any pending cases involving Low Copy DNA profiling. - Reuters website

Health

Doctors say no to abortions in their surgeries - 31 December
Family doctors are threatening a revolt against Government plans to allow them to perform abortions in their surgeries, The Daily Telegraph can disclose. Four out of five GPs do not want to carry out terminations even though the idea is being tested in NHS pilot schemes, a survey has revealed. The findings will throw doubt on Government trials to provide medical abortions - using drugs in the early stage of pregnancy - outside hospitals. - Telegraph website

Human Rights

Trafficking law delays 'must end' - 3 January
Ministers are accused of "betraying" human trafficking victims by delaying ratification of a European treaty. Shadow home secretary David Davis said the government had signed the treaty to "great fanfare" last year - but as yet had no plans to ratify it. The treaty allows victims time to recover and consider testifying rather than being immediately deported. The Home Office says it has introduced anti-trafficking laws and will ratify the treaty as soon as possible. - BBC News website

Sport and Recreation

Man Utd fans sentenced for hooliganism - 21 December
Four Manchester United fans were each sentenced to more than two years in jail on Friday in connection with clashes with AS Roma supporters, judicial sources said. The four were arrested after clashing with rival fans at a bar on December 12, when United played Roma in a Champions League match. The fans were found guilty of resisting arrest and throwing objects which could cause harm. Two were sentenced to two years and five months and the other two were sentenced to two years and four months. - Reuters website


United States

Anti-Terrorism

Lawyer urges judge to open CIA tapes inquiry - 21 December
A lawyer for a group of terrorism suspects held by the United States told a court on Friday that trusting the Justice Department with an inquiry into the CIA's destruction of interrogation tapes would amount to putting the fox in charge of the hen house. - Reuters website

Environment

California sues US over emissions - 3  January
California is suing the US federal government, in an attempt to force car makers to conform to tougher cuts in greenhouse gas emissions. The lawsuit comes after the federal Environmental Protection Agency denied California a waiver from US law needed to enact its own efficiency targets. - BBC News website

Human Rights

Jewish associate sues A&O for race discrimination - 21 December
A former associate from Allen & Overy's New York office is suing the firm for race discrimination. Former associate Norman Schoenfeld, who worked at the firm from August to October this year, is bringing an action against the firm under the Human Rights Law, the City Law and Labour Law in the US. The plaintiff claims he requested time off
work to observe the Jewish sabbath each week from sundown on Friday to sundown on Saturday. Schoenfeld claims that he was told to work on a religious holiday despite warning his supervising partner well in advance that he would not be able to do so. He alleges that his employment was subsequently terminated because the firm claimed he was unable to carry out his job adequately. - The Lawyer website

Legislation

New law aids parents of stillborn children to achieve closure - 1 January
Starting today, a new law allows parents to get a "Certificate of Stillbirth" from the California Registrar of Vital Statistics. California joins 19 other states that issue the documents, according to the National Stillbirth Society. In 2002, the society and the Mothers In Sympathy and Support (MISS) Foundation worked on a bill that failed to pass the state Assembly because of a concern that it would affect abortion rights. The foundation spearheaded a successful bill this year, the Missing Angels Act, requiring the local registrar of births and deaths to provide a certificate of stillbirth to parents who ask for it. To qualify, the fetus must have advanced beyond the 20th week. The certificate could smooth the path couples need to heal and also help provide for bereavement leave and eligibility for funeral and burial costs. - Mercury News website

In a surprise step, Bush is vetoing a military bill - 29 December
On Friday, with no warning, a vacationing Mr Bush announced that he was vetoing a sweeping military policy bill because of an obscure provision that could expose Iraq’s new government to billions of dollars in legal claims dating to Saddam Hussein's rule. - New York Times website

Bush to veto Pentagon funds over Iraq provision - 28 December
President Bush will veto a huge Defense Department bill because of concerns by the Iraqi government that Iraqi assets in American banks could be vulnerable to claims from victims of Saddam Hussein, the White House said Friday in Texas. "The new democratic government of Iraq, during this crucial period of reconstruction, cannot afford to have its funds entangled in such lawsuits in the United States," Scott Stanzel, a White House spokesman, said in a statement. - New York Times website

Transport

Parts of Air Safety Survey released - 1 January
NASA grudgingly released some results Monday from an $11.3 million federal air safety study it previously withheld from the public over concerns it would upset travelers and hurt airline profits. The data reflects hundreds of cases where pilots flew too close to other planes, plunged from altitude or landed at airports without clearance. NASA published the findings - contained in 16 208 pages - but did not provide a roadmap to understand them, making it cumbersome for any thorough analysis by outsiders. Released on New Year's Eve, the unprecedented research conducted over nearly four years relates to safety problems identified by some 25 000 commercial pilots and more than 4 000 private pilots interviewed by telephone. - New York Times website

Miscellaneous

NIAID Director Anthony S Fauci, MD, to deliver UMASS Worcester Commencement Address - 3 January
UMass Worcester will recognize the Honorable Margaret H Marshall for her dedication to public service throughout the Commonwealth of Massachusetts and the United States. The first woman to serve as Chief Justice of the Supreme Judicial Court of the Commonwealth of Massachusetts, Marshall has displayed extraordinary leadership and public service throughout her career. Born and raised in South Africa, Marshall came to the United States to pursue her master's degree at Harvard University and was unable to return to South Africa because of her activities opposing apartheid. - PharmaLive website

FBI revives mystery of the skydiving hijacker - 3 January
One of the most perplexing crimes of American history - in which an unassuming airline passenger hijacked a plane in 1971 and skydived out of the aircraft with $200 000 in ransom money - has been revived by the FBI. The bureau has, for the first time, released pictures and information from the case on its website in the hope of resolving the identity and the fate of the parachuting passenger known as Dan Cooper. - Telegraph website

'Dinnertime Bandit' faces life in jail for robbing rich - 23 December
Hailed as one of the greatest cat burglars who ever lived, Alan Golder seemed the epitome of the "gentleman thief". He robbed the rich and famous, choosing to break into their mansions while they sat down to dinner because he knew no one would be out wearing their best jewels at a ball or party. He stole millions of dollars' worth of jewels in the Seventies. But it was a spree that ended in 1980 with a 15-year jail sentence. Now Golder is back behind bars and charged with a number of fresh heists. Police believe that on his release in 1996 Golder went straight back to what he did best : stealing jewels from the wealthy. Next month Golder will appear in court charged with more than 40 burglaries in Connecticut. He is suspected of others in New York and Pennsylvania that in total netted more than $6-million. But that could be just the tip of the iceberg. Many experts believe he has probably been robbing his way across Europe. - Mail & Guardian website


International

Environment

Traffic fumes are still damaging children's brains - 3 January
Removing lead from petrol was supposed to prevent damage to children's mental development. Now it seems that traffic fumes may still be impairing their learning - because of the soot particles it contains. - New Scientist website

The cost of cleaner air – 2 January
Greenhouse gas emissions may be going up but most of us, most of the time, are breathing cleaner air than we did 20 years ago. Why? Because cars are now fitted with catalytic converters to strip out a range of noxious nasties that once created acid smogs in our cities. But up in the Arctic, they are feeling a nasty blowback from cleaning up our urban air. Catalytic converters filter our pollutants from exhausts using two metals : palladium and platinum. World demand for both has soared as a result, with catalytic converters taking almost half of current product from mines. – New Scientist website

Does the future need a legal guardian? - 29 December
Given the human tendency to favor current needs over future risks, some environmental and legal scholars are proposing that governments at various levels appoint a "legal guardian of future generations" to consider the impact of policy choices on citizens yet unborn. - Dot Earth website

Privacy

FBI aims for world's largest biometrics database - 22 December
The FBI is embarking on a $1 billion project to build the world's largest computer database of biometrics to give the government more ways to identify people at home and abroad, the Washington Post reported on Friday. The FBI has already started compiling digital images of faces, fingerprints, and palm patterns in its systems, the paper said. - CNet News website


Miscellaneous

Happy camping in Antarctica - 29 December
I flew into McMurdo station in Antarctica on the 14 December from Christchurch, New Zealand, courtesy of the US National Science Foundation’s Antarctic Artists and Writers program. One of the first things one needs to do here is attend something called Snow Craft I, a snow survival course. Or, as it is called here, Happy Camper training. The course is a must for scientists headed out to do deep field research in Antarctica, in remote areas like the Dry Valleys, or on glaciers. - New Scientist website


Miscellaneous E-Things

Eight business technology trends to watch - December
Eight emerging trends are transforming many markets and businesses. Executives should learn to shape the outcome rather than just react to it. Creative leaders can use a broad spectrum of new, technology-enabled options to craft their strategies. These trends are best seen as emerging patterns that can be applied in a wide variety of businesses. Executives should reflect on which patterns may start to reshape their markets and industries next - and on whether they have opportunities to catalyze change and shape the outcome rather than merely react to it. - McKinsey Quarterly website
* * * Free registration required * * *

How businesses are using Web 2.0 : a McKinsey Global Survey - 2007
More than three-fourths of executives who responded to a McKinsey survey say they plan to maintain or increase their investments in technology trends that encourage user collaboration, such as peer-to-peer networking, social networks, and Web services.
- McKinsey Quarterly website
* * * Free registration required * * *

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Marketplace
JutaLaw
Juta's Journals - now in electronic format

Juta's Journals have been available in print for many years, with the South African Law Journal going back to 1884 and holding its place in the world as the oldest law journal of its kind. Now available in electronic format, you can access the journals listed below, and find information that may have been difficult to retrieve in the past. With the release of Juta's Electronic Journals, users will be able to search these publications for information that may not have been indexed according to topic before. These journals offer added value to many of Juta's trusted publications, including The South African Law Reports and Juta's Statutes and Regulations of South Africa. Juta's Electronic Journals provide access to around the equivalent of 45 000 printed pages.

The following nine Journals are now available in electronic format from 2000 :

The South African Law Journal
The South African Journal of Criminal Justice
South African Mercantile Law Journal
Juta's Business Law
South African Journal on Human Rights
African Human Rights Law Journal
Stellenbosch Law Review
Tydskrif vir Suid-Afrikaanse Reg / Journal of South African Law
The Acta Juridica

A brief outline of each of the Journals :

The South African Law Journal

The South African Law Journal is South Africa's premier law journal. It publishes articles, notes on cases and book reviews by prominent members of the legal profession and academics. Founded in 1884, it is the oldest law journal of its kind in the world. The South African Law Journal is the legal showcase for new ideas, changing attitudes and shifting emphases in South African law. Those who are interested in these changes and developments will find this journal stimulating reading.

The South African Journal of Criminal Justice

The South African Journal of Criminal Justice is an accredited, specialist legal journal publishing articles, comments, surveys of recent cases and book reviews in the field of criminal justice, with a particular emphasis on southern Africa. The focus of the journal is on criminal law, criminal procedure, evidence, international criminal law and criminology. International scholars in criminal justice are represented on the editorial panel.

South African Mercantile Law Journal

The South African Mercantile Law Journal is a specialised journal published by Juta and the Faculty of Law, University of South Africa. It is devoted to publishing material in the field of mercantile and business law. This journal is not intended as a businessman's journal. It is aimed at practitioners in these areas of law.

Juta's Business Law

This quarterly journal deals with law as it affects the business world. A wide range of interesting topics in clear, short articles in plain English keeps those interested in business up to date with the relevant law.

South African Journal on Human Rights

The SAJHR consists of articles, cases and comments on human rights but frequently is published as a special focus volume, eg in 1998 it provided a critical review of the Constitutional Court's case law of the preceding year. The SAJHR provides a forum for the expression of views on, and is committed to the cause of, human rights. Although the South African Journal on Human Rights is intended primarily for lawyers, it is hoped that it will have a wider appeal and be read by non-lawyers concerned about the standards of justice in South Africa. Thus it endeavours to strike a balance between a high quality legal periodical and a magazine for human rights proponents in search of information and advice.

African Human Rights Law Journal

As democratic practices and the protection of human rights become rooted in Africa, and more institutions dealing with human rights are being established on the continent, the African Human Rights Law Journal records developments in this area. Published by Juta for the Centre of Human Rights at the Faculty of Law, University of Pretoria, the Journal deals with topics relating to human rights that are of importance to Africa, Africans and scholars of Africa. In the process, the Journal hopes to contribute towards jurisprudence rooted in African soil. Past articles have dealt with corruption, the rights of the child and the New Partnership for Africa's Development (NEPAD).

Stellenbosch Law Review

The Stellenbosch Law Review is a forum for the discussion of topical legal issues in various fields. As a law review the emphasis is on providing insight rather than just an overview. It maintains a balance between a wide variety of specialist fields and legal subjects of general interest.

Tydskrif vir Sudi-Afrikaanse Reg / Journal of South African Law

TSAR is published quarterly by Juta for the Faculty of Law, University of Johannesburg. First published nearly two decades ago, this journal covers a broad spectrum of topics pertinent to the legal community.

The Acta Juridica

Acta Juridica is an annual thematic journal which, for over 50 years, has been published with the Faculty of Law of the University of Cape Town.

Available as a subscription only on Internet, Intranet and on CD-ROM

Full bundle price : R5 250.00 (Single User, Annual Subscription)

Individual Journals only available as an Internet subscription (contact your Business Consultant for details of individual pricing).

For enquiries or to place your order, kindly contact either
Bev Purdon -
bpurdon@juta.co.za
Belinda Du Randt -
BDuRandt@juta.co.za
or Sharon-Anne Naidoo -
Snaidoo@juta.co.za
031-304 4335


The Exemplary Scholar : essays in honour of John Milton
Edited by S V Hoctor and P J Schwikkard
December 2007
978 0 7021 7897 9
Hard cover ; 306 pp
R385.00 (including VAT, excluding packaging and postage)

A dedicated and innovative teacher, a towering intellect, one of the leading criminal lawyers in South Africa, collegial, supportive and empowering, a veritable polymath, the ultimate free-thinker : these are but a few of the appellations used to describe John Milton. Over a period of nearly forty years John Milton has made an immense contribution to the South African legal terrain as a scholar, a legal practitioner, a teacher, a mentor and a friend.

The exemplary scholar : Essays in honour of John Milton is a recognition and celebration of this respected academic and his legacy. The high esteem in which he is held by his peers, former students, colleagues and friends, and the broad scope of his influence are reflected in this collection of essays.

Though known mainly as a criminal lawyer, Milton's interest and influence have extended to property law, statutory interpretation, the administration of justice, delict, environmental law, human rights, legal education and even outside the law to history.

The essays, written by former colleagues, students and others who came under his influence, cover a selection of the areas of law in which he published.

Contents include :

Personal tributes
  John Milton : a fair man / Alistair Dickson
  A personal tribute to John Milton / Cora Hoexter
Overview of published work
  The publications / Shannon Hoctor
Criminal law and procedure
  A personal and academic tribute to John Milton : Reflections on aspects of the reform of the law of sexual offences in South Africa / Jonathan Burchell
  The entry requirement in the crime of housebreaking / Shannon Hoctor
  Violence against women : tears or triumph for women in South Africa? / Managay Reddi
  Insanity : the tenacious reverse onus / Pamela-Jane Schwikkard
  The licence to flee : recent restrictions on the use of deadly force in effecting an arrest / Michael Cowling
  Why developing states should not seek expansion of the International Criminal Court's jurisdiction to include the Treaty crime / Neil Boister
Property law
  Three of a kind? / David Carey Miller
  Paradise lost? The obstruction of a pleasant view and the law of nuisance / Warren Freedman
Environmental law
  The teeth of environmental law / Michael Kidd
  Only half a penguin a day : the early history of wildlife law in South Africa / Ed Couzens
Legal history
  The lion and the throne / Joan Church
  Gambling regulation : a comparison between the Roman and South African gambling laws / Marita Carnelley and Eltjo Schrage
Legal education
  The Chicago Seven trial reloaded : using the Chicago Seven, Nelson Mandela and Saddam Hussein trials to teach about the role of lawyers, judges and accused persons in the criminal justice system / David McQuoid-Mason

Contact

Juta Law Customer Services
Email :
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Telephone : 021-763 3600
Fax : 021-761 5861

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

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