9 January 2008

Statement by SADC Lawyers Association

Sternford Moyo
President
Southern African Development Community Lawyers Association

Mr Sternford Moyo
President, Southern African Development Community Lawyers Association
Harare, Zimbabwe

Dear Sternford

Thank you very much for the SADC LA Statement, which, I am sure, the people of Kenya and Eastern Africa will appreciate. It offers much needed solidarity in these trying times. I will ensure that I circulate it widely within the region's media and legal and human rights fraternity.

The AU Summit meets starting next week in Addis Ababa. In our view, it is imperative that the African States/ Governments : -

Such action is not new in Africa. Both ECOWAS and the AU acted resolutely in the case of Togo, when the younger Eyadema attempted to unconstitutionally ascend to the Presidency upon the death of his father. We rely on SADC LA and all other proactive African civil society to push this agenda at the AU Summit. We have faith that African civil society can again be as resolute, dynamic and effective as they were when, in previous AU pre-Summit campaigns, they successfully pushed for a Special Court to try Hissen Habre and also successfully opposed the AU Chairmanship candidature of President Omar el Bashir of Sudan.

Inevitably for us in Africa, Aluta Continua!

Yours Sincerely

Don Deya
[Secretary of the East Africa Law Society]

Proc 37/GG 30654/08-01-2008 *

Mbeki signs Infraco laws - 17 January
President Thabo Mbeki has approved the laws enabling the formation and licensing of the Broadband Infrastructure Company (Infraco), which is intended to lower telecommunications costs in SA. The company, which was allocated funding of R975 million by government last year, was announced by public enterprises minister Alec Erwin, in 2006. It will provide national backhaul infrastructure and international gateway facilities at a fraction of current costs. - ITWeb website

Criminal Law (Sentencing) Amendment Act 38 of 2007

GN 1257/GG 30638/31-12-2007 *

Education Laws Amendment Act 31 of 2007

GN 1257/GG 30637/31-12-2007 *

Electronic Communications Amendment Act 37 of 2007

Proc 41/GG 30658/08-01-2008 *

Patents Amendment Act 20 of 2005

Date of commencement : 14 December 2007
Proc 46/GG 30593/14-12-2007 *

South African Express Act 34 of 2007

Proc 38/GG 30655/08-01-2008 *

To provide for the legal recognition of domestic partnerships ; the enforcement of the legal consequences of domestic partnerships ; and to provide for matters incidental thereto
Publication of the Draft Domestic Partnerships Bill, 2008 for comments. Written submissions should reach the Department of Home Affairs on or before 15 February 2008
GN 36/GG 30663/14-01-2008 *

Draft Marriage Amendment Bill, 2008

To amend the Marriage Act, 1961, so as to insert, amend and delete certain definitions ; to provide for the designation of ministers of religion and other persons attached to religious denomination or organization as marriage officers ; to align the provisions of the Act with other legislation ; to provide for the repeal of certain sections ; to effect certain technical corrections and to provide for matters connective therewith
Publication of the Draft Marriage Amendment Bill, 2008 for comments. Written submissions should reach the Department of Home Affairs on or before 15 February 2008
GN 35/GG 30663/14-01-2008 *

Amendment of Proclamation PR 5/31-01-2005 by the extension of the period referred to in paragraph 3 of the Proclamation to the date of publication of this Proclamation
PR 17/GG 30664/11-01-2008 *

Regulations
GN 16/GG 30646/11-01-2008 *

International Trade Administration Commission

Anti-Dumping Regulations
GenN 20/GG 30646/11-01-2008 *

Industries in revolt over tariff threat - 15 January
Associations representing industries likely to be affected if antidumping duties on several products are eliminated may band together to consider "other remedies", including Constitutional Court action. The threat comes after the trade and industry department's International Trade Administration Commission (Itac) published a notice on December 19 suggesting that antidumping duties might be terminated on 31 products. This followed a Supreme Court of Appeal decision in September, which found Itac had erred in interpreting the five-year antidumping rule. - allAfrica website

Labour Relations Act 66 of 1995

Building Industry Bargaining Council (Cape of Good Hope) : Extension of amendment of Collective Agreement to Non-Parties
GNR 1209/GG 30586/21-12-2007 *

Motor Industry Bargaining Council (MIBCO) : Renewal of period of operation of Administrative Collective Agreement
GNR 1208/GG 30586/21-12-2007 *

*	Source : LexisNexis
**	Source : Sabinet

Johannesburg

17 January 2008
Labour court orders property attachment of two Kwik Spar outlets
SA Government Information website

Sheriff to attach Kwik Spar properties - 18 January
The Johannesburg Labour Court has instructed the sheriff to attach properties of two Bloemfontein Kwik Spar outlets, for auction to recover over R400 000 in outstanding employee salaries. The Meditas and Fauna Kwik Spar failed to honour a court order issued in August last year which required them to pay back the outstanding underpayments and interests that were due to its employees. - allAfrica website

Delft Eviction Case

Delft eviction case postponed again - 15 January
The Cape High Court on Tuesday again postponed the Delft eviction case - the application will now take place on January 29. The court urged Democratic Alliance city councillor Frank Martin to engage a lawyer to represent him in proceedings for the urgent eviction of hundreds of homeless backyard dwellers who are alleged to have illegally occupied incomplete homes in Delft on the Cape Flats. The homes, still under construction, are intended for residents at the Joe Slovo informal settlement, who are to be relocated to Delft. Martin currently faces criminal charges in the Bellville Magistrate's Court for the alleged incitement of shack dwellers in Delft to illegally move into the homes still under construction. - Mail & Guardian website

Fidentia Case

Brown blames curators for Fidentia collapse - 16 January
Former Fidentia boss J Arthur Brown yesterday accused the curators of his collapsed company of destroying what had been a highly profitable concern. But curator Dinesh Gihwala dismissed the charge as "rubbish". "I'm not prepared to even dignify it with a reply". - The Times website

Move to halt curatorship of Fidentia - 16 January
In a new twist to the Fidentia saga, former Fidentia boss Arthur Brown said he and various staff members and shareholders in Fidentia Asset Management, Fidentia Holdings and Bramber intended launching an application for the rescission of the order placing the companies under curatorship. This would allow him and his management team to "salvage the remaining assets of Fidentia Asset Management, with the primary object to protect the funds of the various beneficiaries". He said the application in the high court would be aimed at removing Fidentia from curatorship and return the company to shareholders, claiming that there were "no funds missing at all" . - allAfrica website

Claimant fabricating evidence, defence claims - 15 January
A case in which a Port Elizabeth man is suing the police for more than R400 000 resumed in the High Court yesterday. Nkululeko Ncula, 55, of KwaMagxaki, took Safety and Security Minister Charles Nqakula to court after he was allegedly arrested unlawfully and assaulted by the police. Ncula said he had been assaulted by the police in the presence of members of the public on September 6, 2004. Ncula is claiming R415 413 for hospital expenses, past and future medical expenses and general damages. - The Herald Online website

Pensioner takes on council over power supply - 17 January
A 76-year-old wheelchair-bound diabetic is taking on the Tshwane Metro Council in the Pretoria High Court because he is fed up with the council disconnecting his electricity supply. Peter Ebenezer, of Eersterus, said in court papers that last week the council again disconnected power supply to the prepaid meter installed at his home. He had previously been in arrears on his electricity bill, but he now had a prepaid meter, so he could only use a limited amount of electricity, which he had paid for in advance. He said he had an agreement with the council to pay back outstanding debt and had already paid back thousands of rands. - IOL website

Cape Town

Cape fire death accused cleared - 17 January
A British man has been cleared of causing a fire on Table Mountain in South Africa which killed a tourist from the West Midlands. Anthony Cooper had denied charges of arson and culpable homicide. Janet Chesworth, who had been hiking with her daughter, died of smoke inhalation following the blaze in January 2006. - BBC News website

Briton accused of starting Table Mountain fire tells court of efforts to put out blaze - 16 January
The Briton accused of starting a fire on Table Mountain in which another British tourist died testified Wednesday that he tried frantically to extinguish a flame on the mountain's slopes. Anthony Cooper told the Cape Town regional court that he had lit a cigarette with some matches inside his car strong winds were blowing outside. He recalled a spark flying out a half-open window, the South Africa Press Association reported. - PR-inside website

Johannesburg

Woman held for springing convicts from prison - 15 January
A Johannesburg High Court employee was arrested on Tuesday in connection with the unlawful release of hardened criminals from prison, Johannesburg police said. Spokesperson Inspector Sanku Tsunke said the 30-year-old woman was expected to appear in the Johannesburg Magistrate's Court later on Tuesday. "She was charged with corruption, fraud, defeating the ends of justice and aiding and abetting an escapee from lawful custody". The arrested woman was a member of a syndicate responsible for releasing criminals from the Johannesburg Prison in exchange for money. - Mail & Guardian website

Seymour

Port Alfred police in court for murder masked as car crash - 15 January
Three Port Alfred police officers appeared in court yesterday in connection with the murder of a Seymour farmer, allegedly made to look like a car accident. Mlungisi Eric Papu, Fezekile Eric Maseti and Zukile Zinto appeared in the Seymour magistrate‘s court yesterday where they were charged with the murder of Shadrack Vusumzi Nkuzo in 2006, and were released on R1 000 bail each. Police spokesman Captain Mali Govender said the police officers were charged with the murder of farmer Nkuzo, allegedly mistaken for a criminal hiding at his farm. - The Herald Online website

Bakeries warned over immunity deal - 17 January
The Competition Commission threatened yesterday to withdraw immunity granted to bread and milling companies if it found they had colluded over the latest bread price increases. - Business Day website

Competition Commission requests bread price increase explanation - 16 January
The Competition Commission said on Wednesday that the rapidity with which all the large bread producers had moved to increase prices at roughly the same time, following the price-fixing collusion uncovered in the industry, flew in the face of its ongoing investigation into the bread and milling industries. The commission stated that it had requested an explanation. - Creamer Media's Engineering News website

Statements and Speeches

15 January 2008
All nurses to benefit from an agreement with unions

Requests for Submissions and Hearings

Portfolio Committee on Justice and Constitutional Development requests comment : Child Justice Bill [B49-2002]

The Portfolio Committee on Justice and Constitutional Development will be conducting Public Hearings on the Child Justice Bill which aims to protect the rights of children as contemplated in the Constitution and promote the spirit of ubuntu in the child justice system.  It also aims at preventing children from being exposed to the adverse effects of the formal criminal justice system by using, where appropriate, processes, procedures, mechanisms, services or options more appropriate to the needs of children and in accordance with the Constitution. This includes the use of diversion ; and the promotion of co-operation between all government departments and other organizations and agencies involved in implementing an effective criminal justice system for children. The hearings will take place on Tuesday 05th February 2008 from 10:00, in Parliament Should any person or organization like to make written submissions on the Bill to the Committee, they should do so by no later than 30 January 2008.  Any person or organization who would like to give further oral evidence before the Committee should notify the Committee of such intention by no later than 30 January 2008. The Bill can be obtained at www.pmg.org.za/bills/080115b49-02.doc [This is the official January 2008 version as adapted pursuant to previous deliberations by the Portfolio Committee on Justice and Constitutional Development] Enquiries : Ms PH Sibisi, telephone : 021-403 3660, fax : 021-403 2854, e-mail : psibisi@parliament.gov.za Issued by Mr Y I Carrim, MP : Chairperson of the Portfolio Committee on Justice and Constitutional Development

 

Public Hearings of the Portfolio Committee on Justice and Constitutional Development on the Jurisdiction of Regional Courts Bill [B48-2007]

The Portfolio Committee on Justice and Constitutional Development will be conducting Public Hearings on Jurisdiction of Regional Courts Bill [B48-2007]. The Bill aims to bestow extended civil jurisdiction on the Regional Courts. This includes jurisdiction to deal with all matters currently falling within the jurisdiction of the Divorce Courts. The Divorce Courts will be merged with, and become part of the Regional Courts. The Bill also repeals the Administration Act, 1929. The hearings will take place on Wednesday, 06th  February 2008 from 10:00, in Parliament Should any person or organization like to make written submissions on the Bill to the Committee, they should do so by no later than 30 January 2008. Any person or organization who would like to give further oral evidence before the Committee should notify the Committee of such intention by no later than 30 January 2008. The Bill can be obtained here : www.pmg.org.za/bills/071106b48-07.pdf Enquiries : Ms P H Sibisi, telephone : 021-403 3660, fax : 021-403 2854, e-mail : psibisi@parliament.gov.za Issued by Mr Y I Carrim, MP : Chairperson of the Portfolio Committee on Justice and Constitutional Development

Choice on Termination of Pregnancy Amendment Bill

17 January 2008
Amendments to Choice of Termination of Pregnancy Act approved by Parliament
SA Government Information website

Abortion amendment Bill passed by Assembly - 17 January
The National Assembly on Thursday passed the Bill for which it was specially called back from holiday. The Choice on Termination of Pregnancy Amendment Bill was passed without debate, but with parties giving a three-minute explanation of their vote. Despite the fact that the Bill originated there, it will now be sent back to the National Council of Provinces (NCOP) for concurrence. By one of Parliament's arcane rules, it has to go back because the Assembly amended it on its way through committee, and the NCOP needs to agree with the changes. - Mail & Guardian website

Local Government : Municipal Property Rates Act

Separate rates accounts: lessons from Cape Town - 20 January
Individual rating of sectional title units has been rolled out in Cape Town, but many owners have been left confused. There are lessons to be learnt for the rest of the country as other local governments follow suit from next year. Local governments are required to levy rates on individual sectional title units in their jurisdictions following the promulgation of the Local Government : Municipal Property Rates Act, 2004. In the past, the bodies corporate of sectional title schemes received rates accounts calculated on the value of the land on which the scheme was built. But now each owner of a sectional title unit will receive his or her individual rates account, calculated on the market value of the sectional title unit. From the point of view of separate title property owners, nothing has really changed because these owners have always paid rates directly to their local municipality, and for some time these rates have been based on market values as determined by the local authority. The system of individual rating of sectional title units was introduced in the Cape Town metropole from July 1 this year, but will be applied in Johannesburg, Durban and in most of the rest of the country only from July 1 next year. The hiccups and teething problems being experienced in Cape Town provide useful lessons for sectional title owners, trustees and managing agents in other areas. - Personal Finance website

South Africa

Attorneys to help at Master's Offices - 18 January The offices of the Master of the High Court countrywide have been thrown into chaos after the termination of temporary employees' contracts. This has resulted in long queues of irate people and professionals from firms of attorneys are to step in to urgently assist, says a report in The Mercury. The president of the KwaZulu-Natal Law Society, Praveen Sham, said a teleconference had been held this week with the heads of estates, and that one of the biggest concerns was that a large number of people wanted assistance. 'We are seeing a lot of people wanting money from the Guardians' Fund to pay for school uniforms and school fees, and they are not being attended to', he said. In Pietermartizburg, Anthony Jenkins, counsellor of the KZN Law Society and Chairman of the Pietermaritzburg Attorneys' Association, said they had put together a contingency plan to offer additional staff to the offices to help clear the backlogs. - Legalbrief website * * * Subscription required * * * NPA working on cases to go to regional courts - 18 January The extra bite given to regional court magistrates, which now enables them to impose the life sentence, will expedite the legal process. The President of the Association of Regional Magistrates of Southern Africa, Adriaan Bekker, said it was logical that regional magistrates should be able to impose the life sentence for certain offences if it was appropriate. The Act under which regional magistrates can sentence criminals to life imprisonment is the Criminal Law (Sentencing) Amendment Act, 2007. It came into effect on December 31, 2007. The President of the KZN Law Society, Praveen Sham, said the society was considering the implications of the Act and would discuss the implementation with the department of justice and constitutional development. "On the one hand this will expedite the finalisation of serious criminal cases. On the other hand, the requirements that life sentences be imposed by the High Court only were an important safeguard as a High Court had to be satisfied that the conviction in the regional court was in accordance with justice. There are concerns that this safeguard will be lost, despite the automatic right of appeal," he said. - IOL website

Canada

That's history : why lawyers govern themselves - 14 January
In Canada, it has been a long time since lawyers who stood up for the rule of law risked their careers. But at the legal history conference that the law society hosted last fall to mark Osgoode Hall’s 175th anniversary, participants heard about the experience of lawyers in Canada at a time before lawyers were independent of the state. - Law Times website

United States

Tyranny of the American Bar Association - 12 January
In a prescient article on the American Bar Association, "Yes, the ABA Rankings are Biased", Northwestern University law professor James Lindgren compiled a remarkable study outlining the clear-and-present bias of the ABA against judicial nominees to the Court of Appeals and the Supreme Court, made by a Republican president, as compared to the judicial nominees of a Democrat president. The differences were so prejudiced that his findings were beyond rational argument. This brings me to address the following questions. - World Net Daily website

Zimbabwe

'Lawyers increased charges without approval' - 15 January
The Law Society of Zimbabwe has increased hourly fees paid to lawyers by 200 percent in a move likely to deny ordinary citizens access to legal services without seeking approval from the National Income and Pricing Commission in terms of the law. According to the revised general tariff of fees for legal practitioners released yesterday, the minimum fees paid to a lawyer with less than two years experience is now $60 million per hour from $20 million that was charged last month. - allAfrica website

2010 FIFA World Cup

Fifa dictates to city on informal trading - 16 January
The city has expressed serious concerns about a Fifa 2010 bylaw document that looks set to deal a heavy blow to informal trading during the grand soccer showcase. The document requires the creation of exclusion zones where informal trading may not occur during the period of the competition. - IOL website

Conservation

Controlling S Africa's elephant population - 14 January
There are only four known solutions for limiting the number of elephants : birth control, relocation, "trans-frontier parks" that span borders, and the one that people don't like to talk about, shooting and killing the animals from helicopters. The South African government's draft policy on elephant population control includes all four. - The Philadelphia Inquirer website

Correctional Services

Top doc looks into prisoners death - 19 January
A senior district surgeon has been appointed to conduct a post-mortem on the prisoner who was allegedly beaten and killed by warders at the New Prison in Pietermaritzburg, said the Justice for Prisoners and Detainees Trust (JPDT). It was reported on Friday that 28-year-old Senzo Zepharia Mazibuko, who was serving a sentence for armed robbery, was beaten to death after an unnamed senior official had instructed the officials that Mazibuko be "taught a lesson". JPDT spokesperson Derrick Mdluli told the SABC that District Surgeon Reggie Perumal would soon perform the post-mortem to determine the exact cause of death. - The Mercury website

Defence

Row brews over Lohatla shooting report - 17 January
A row is brewing over a report on the military investigation into an incident last year in which nine soldiers were killed at Lohatla in the Northern Cape when an artillery gun apparently went haywire. The report - compiled by a board of inquiry that investigated the incident in which a computerised gun malfunctioned during a military exercise, killing the nine soldiers and injuring 14 others - has been completed but not made public. On Thursday the Freedom Front Plus (FF+) said Defence Minister Mosiuoa Lekota gave an undertaking in Parliament that the investigation would be transparent and that nothing would be hidden. - Mail & Guardian website

Education

Special needs pupils to be enrolled today - 16 January
The parents of hundreds of pupils with special learning needs in Nelson Mandela Bay appear to have won a protracted battle at the eleventh hour to force education authorities to accept their children at schools in the city. The Eastern Cape education department has delayed enrolling new pupils at special needs schools despite a court order secured against it by parents who fear their children won't cope at mainstream schools. However, the department has agreed to look at applications today. Because of the legal battle, these pupils will not be able to start school this morning. - The Herald Online website

Environment

International award for SA's conservation pioneer Player - 16 January
Wildlife conservation pioneer Dr Ian Player, founder of a global network of wilderness preservation programmes and organisations - including the Port Elizabeth-based Wilderness Foundation - has been honoured in the US with an international award. Already the recipient of a number of accolades, he received the Peter H Capstick Award on Saturday from the Dallas Safari Club and Ecological Foundation, whose previous recipients include US president Theodore Roosevelt. - The Herald Online website

Refinery fires cost Engen R200-million - 15 January
Two separate fires and the subsequent repairs at Durban's Engen Refinery have cost the company close to R200-million rand, refinery spokesperson Herb Payne said on Tuesday. However, while the cost of the blaze is known to the company, the eThekwini municipality has yet to release the results of air-quality assessment tests taken at the time of the blaze. - Mail & Guardian website

11 January 2008
Putting the record straight : [maize in the biofuels industry strategy]
SA Government Information website

Insurance Industry

Arbitration and insurance in South Africa - 15 January
South African insurance policies do not set out the arbitration regime. While it is common to record with some particularity the arbitration regime in commercial contracts that is not commonly done in policies of insurance. At best, the policy may record that any arbitration would be governed by the Arbitration Act of 1965. Article by Donald Dinnie of Deneys Reitz on the Mondaq website
* * * Free subscription required * * *

Judiciary

'Judiciary will not respond to manipulation' - 20 January
For the second time in as many weeks, George Bizos, the distinguished advocate, has found himself speaking out in defence of the country's judiciary. Bizos was called upon to opine once again this week, when the words of Dikgang Moseneke, the deputy chief justice, spoken during his recent 60th birthday celebration, drew the wrath of the ANC. "Properly understood," according to Bizos, those words "meant nothing more than that he [Moseneke] would do justice, irrespective of what others, including the ANC, might have to say". In the view of the 79-year-old human rights lawyer, Moseneke "was expressing the ethos of the judiciary - that all are equal before the law, that the role of the judiciary is to apply the provisions of the constitution, without fear or favour, and without prejudice". - IOL website

Anger as ANC attacks judiciary - 16 January
Scathing ANC criticism of the judiciary has incurred the wrath of opposition parties. "The attack on Deputy Chief Justice Dikgang Moseneke is rubbish," said Independent Democrats leader Patricia de Lille. "The ANC is making a habit of attacking the judiciary. Those small boys in the ANC should be ashamed of themselves. Moseneke's statement is completely taken out of context by the ANC". - Citizen website

Moseneke gets flack for 'disdain' comment - 16 January
The ANC and the party's youth league have lambasted Deputy Chief Justice Dikgang Moseneke for "undermining" its members. Moseneke was quoted in the Sunday Times as saying : "I chose this job very carefully. I have another 10 to 12 years on the bench and I want to use my energy to help create an equal society. It's not what the ANC wants or what the delegates want ; it is about what is good for our people". - Sowetan website

ANC takes issue with deputy chief justice - 15 January
The African National Congress Youth League (ANCYL) on Tuesday called on Deputy Chief Justice Dikgang Moseneke to apologise for remarks he made about the party at his birthday celebrations. - Mail & Guardian website

Labour Issues

CCMA : more firms are ignoring rulings - 14 January
More and more employers choose to ignore awards by the Commission for Conciliation, Mediation and Arbitration (CCMA) calling for the reinstatement and compensation of unfairly dismissed workers and seek Labour Court reviews. CCMA chief executive officer Nerine Khan said last week that employers failed to implement 10 026 CCMA certified awards of compensation for unfair dismissal last year. This was an almost threefold increase in two years. - The Herald Online website

Setas to be cut down to size - 12 January
The recent reported failure by sectoral education and training authorities (Setas) to spend millions of rands allocated to them to deliver skills development and training mandates has given fresh impetus to calls to reduce their number from 23 to five. - Mail & Guardian website

Land Affairs and Property

Home builders to feel the heat - 17 January
If the South African Reserve Bank needs further evidence of the dampening effect of higher rates on real economic activity, recent building data has been just that, according to independent economic analysts. A major challenge facing provincial governments and the national Department of Housing is also the extreme escalation in building costs, they add. The average cost of building a 30-square-metre Reconstruction and Development Programme unit jumped from just more than R10 000 in 2002 to just more than R25 000 in 2006/07. As it stands, building activity in South Africa continued to decline in November and home builders are therefore expected to remain under pressure well into 2008. - Mail & Guardian website

FNB : homeowners spend less on renovations - 16 January
Homeowners were spending less on major property improvements and renovations in the fourth quarter of 2007 compared with the same period in 2006, the First National Bank (FNB) Residential Property Barometer showed on Wednesday. At the end of 2006, about one in three homeowners were investing in their homes by making major improvements and doing renovations, thereby adding to the value of their property. This figure dropped to about one in five in the fourth quarter of 2007. - Mail & Guardian website

Aligning geosciences to SA's nonmining development needs - 18 January
With subsidence-prone dolomite underlying 25% of Gauteng and with economic growth and development requiring more and more land, the expertise of the Engineering Unit of the Council for Geoscience (CGS) is becoming critical for non-mining sectors of the economy. "Dolomite land has a potential to threaten life and property", highlights CGS senior engineering geologist Greg Heath. - Creamer Media's Engineering News website

SA to use Australian system as basis for green building ratings tool - 16 January
The South African property market is preparing to enter the global 'green building' boom, and the newly established Green Building Council of South Africa (GBCSA) has set to work on developing a ratings tool for the assessment of so called green buildings. The GBCSA board made the decision to use Australia's Greenstar environmental rating system for buildings as the basis of a South African rating system, which will be customised for the South African situation. - Creamer Media's Engineering News website

Forestry firms face big land claims - 14 January
Three forestry companies face claims for up to more than half their land in Mpumalanga and KwaZulu-Natal. About 48 percent of the 357 000ha held by Mondi is subject to land claims. Komatiland Forests said more than 75 percent of its 125 000ha was under land claims. About 17.5 percent of Sappi's 540 000ha of timber are subject to land claims. - Business Report website

'I am going to fight' - 14 January
Abdul Ebrahim and his four brothers were victims of forced removals during apartheid, but as the years following democracy in South Africa passed, their hope of returning to District Six during their lifetimes has all but died. Ebrahim says the 42D agreement makes a mockery of the Land Restitution Act, and it should be scrapped or amended. "Equitable compensation must be found, financial and quantum of claim was never negotiated with land claimants of District Six". Ebrahim has called on the District Six Beneficiary Trust, the City of Cape Town and the Land Claims Commission to "stop fooling the people" and "stop being the obstacle to redevelopment of District Six". - IOL website

7 January 2008
Joint media statement by Alexkor and the Department of Public Enterprises on the implementation of the settlement agreement
SA Government Information website

Minerals and Energy

17 January 2008
Media Statement by the Minister of Minerals and Energy, Ms Buyelwa Sonjica, on Eskom?s current load shedding process
SA Government Information website

Load-shedding facts - 18 January
Moneyweb website

Aluminium smelter still on track - 18 January
The $2.7-billion (R18.9-billion) massive aluminium smelter planned for South Africa's newest port and industrial development zone at Coega was still on track, despite power utility Eskom's request that all new big industrial projects be held off at least until 2012. Rio Tinto, the world's third-largest resources group, told Dow Jones Newswires that it had been promised the necessary electricity supply. - iAfrica website

Coega smelter may be delayed as Eskom freezes new mega projects - 17 January
Africa's biggest power producer, Eskom, said on Thursday that it would not take on any new mega-projects until around 2012, when it hoped to commission the first generating units at its new big power station, Medupi. - Creamer Media's Engineering News website

Public Protector queries power cuts - 16 January
The Public Protector is considering investigating Eskom's power failures, which have recently left many parts of South Africa without electricity for hours at a time due to load-shedding. Lawrence Mushwana asks several difficult questions in a letter sent to Eskom chief executive Jacob Maroga on Wednesday. "We have noted with concern that the current load-shedding practice by Eskom is having a devastating impact on, inter alia, service delivery by government entities, is causing serious prejudice to the private sector, and negatively affects the lives of many of the people of South Africa on a daily basis," Mushwana says in the letter. - Mail & Guardian website
Keyphrases :
Compensation
Daylight saving
Emergency services
Pebble-bed modular reactors
Power outages

De Beers coughs up $295m in settlement but denies wrongdoing - 11 January
World-number one diamond-miner De Beers has agreed to pay $295-million to settle a class action in the US to "put the issues to bed", but denies any wrongdoing. "The decision to resolve this matter is consistent with our continuing commitment to being a modern De Beers that is able to meet the challenges of a world-class diamond company in a dynamic and fast-changing business environment," spokesperson Lynette Gould said in an email on Friday. The class action suit alleged that, during the period January 1, 1994, and March 31, 2006, De Beers monopolised and controlled the supply of rough diamonds in violation of certain US federal and State laws and, as a result, caused the prices of rough diamonds to be higher than they otherwise would have been. - Creamer Media's Mining Weekly website

AngloGold Ashanti may consider legal challenge to Argentina export taxes - 11 January
Gold major AngloGold Ashanti would consider following other mining companies with operations in Argentina in a court challenge to new export taxes, if discussions with the country's government proved unsuccessful, spokesperson Alan Fine said on Friday. Miners say that, according to Argentine laws, their operations are subject to the fiscal regime in place at the time that they submit feasibility studies for the projects concerned. However, in 2002, a 'temporary' export tax was introduced for all new projects (it is still in effect), and, late last year, the country began applying this law to exports across the board, regardless of when their feasibility studies were submitted. It is understood that mining companies now face levies of between 5% and 10% on all exports. - Creamer Media's Mining Weekly website

Municipal Management and Procedure

Cape Town

Municipal revenue under threat - 21 January
Municipalities could see their annual revenues cut by billions of rands if the national government goes ahead with its proposals on rates charged by local governments. Draft regulations published by the department of provincial and local government last month propose a reduction in rates payable by the state and state-owned companies to a maximum of 25 percent of those payable on residential properties. The government is also proposing to restrict rates payable on industrial, commercial and mining properties to no more than double those payable on residential properties. - Business Report website

Workers protest Cape restructuring - 20 January
Up to 10 000 Cape Town workers intend going on an indefinite strike on Monday to voice their dissatisfaction with the city's restructuring programme. No Samwu members were available for comment yesterday, but on its website the union accused the city and Mayor Helen Zille's "regime" of bulldozing ahead, "unilaterally implementing new conditions of service, new pay structures, relocating staff without any agreement with the union and refusing to abide with National Bargaining Council agreements". Only people with specific council business or with a prior arrangement with a specific official will be allowed access to the Civic Centre tomorrow. - IOL website

Cape will feel new regulations pinch - 17 January
The City of Cape Town is set to lose close to R300-million in rates if the national government's proposed municipality regulations are passed, the City said on Thursday. Ian Neilson, the City's Mayoral Committee member for finance, said the proposed regulations would see the rate on state owned property and public service Infrastructure limited to 25 percent of the rate applied to residential properties. "In the case of Cape Town this will mean a rates cut to the National and Provincial government and to parastatals of R252-million per year," he said. - IOL website

Mbombela

Mbombela municipality to go under curatorship - 15 January
The Mbombela Municipal Council has welcomed Mpumalanga Local Government and Housing MEC's decision to place the municipality under curatorship. The municipality was formed in 2000 by the merger of Hazyview, Nelspruit, and White River local councils. - SABC News website

Nelson Mandela Bay

Municipality sacks 2007 protest leader - 15 January
A top SA Municipal Workers' Union (Samwu) official in the Eastern Cape, David "Sticks" Toyise, has been dismissed by the Nelson Mandela Bay municipality for having led protests against the municipality last year, the municipality confirmed yesterday. - The Herald Online website

Union outraged as councillors flock to vote themselves hefty increases - 15 January
Despite cancelling six committee meetings this month, the Nelson Mandela Bay metro council had no problem getting 80 per cent attendance for a special meeting held yesterday to award councillors solid salary increases. The councillors approved increases of 7,5 per cent across the board, back-dated to last July. The SA Municipal Workers' Union (Samwu) has criticised the increases, saying it was considering protest action. - The Herald Online website

Name Changes

Mzansi briefs  - 17 January
The Mpumalanga government has extended to February 15 the deadline for public comment on proposed name changes in the province. Tuesday was the closing date for comments on the proposed name changes – which include the renaming of the provincial capital Nelspruit to Mbombela. - Sowetan website

Mpumalanga works towards name changes - 11 January
Mpumalanga is considering name changes to major towns, including provincial capital Nelspruit, the city said on Friday. City spokesperson Gordon Nkgathi said : "The proposed geographical name changes, including the renaming of Nelspruit to Mbombela, have been considered and recommended by the Mpumalanga provincial geographical names committee". The proposed names have been published by provincial minister for culture, sport and recreation Jabulani Mahlangu for public comment. "January 15 has been set as the deadline for comments or objections," said Nkgathi. - Mail & Guardian website

National Prosecuting Authority

Lubowski murder back on the agenda - 21 January
The unpunished murder of prominent lawyer and Swapo member Anton Lubowski in the run-up to Namibia's Independence election in 1989 is set to return to the agenda of South Africa's National Prosecuting Authority this year. - The Namibian website

NPA to probe Lubowski murder - 18 January
The inquiry into the murder of Anton Lubowski, the Stellenbosch University-educated lawyer, Namibian anti-apartheid activist and prominent Swapo member assassinated 18 years ago, will almost certainly be re-opened this year. - News24 website

National Public Prosecutor

Advertising for Post Office fraud suspect - 16 January
The national director of public prosecutions will publish a notice in a newspaper at the weekend, hoping to inform a former Post Office regional manager, who allegedly defrauded his employer of R500 000 and fled to Zimbabwe or Zambia, of court proceedings against him. This order was granted against Roberts Smart Nguni yesterday. The criminal investigation against Nguni was at an advanced stage when he absconded more than eight years ago. - The Herald Online website

Nel

Court clears top SA investigator - 14 January
A South African court has withdrawn charges against the man investigating police chief Jackie Selebi.  Gerrie Nel, a senior member of the Scorpions special investigations unit, was arrested by police last week on corruption charges. - Mail & Guardian website

Pikoli

Ginwala slates state's tardiness over Pikoli case - 16 January
The Ginwala commission of inquiry into suspended National Director of Public Prosecutions Vusi Pikoli has criticised the government for its "slow response" and failure to deliver its submission on time. Commissioner Frene Ginwala said yesterday she had "reluctantly" granted the government a 10-day extension. She was later told that an affidavit would be delivered yesterday afternoon. - The Herald Online website

Drop the charges : Pikoli - 16 January
Suspended prosecuting boss Vusi Pikoli has slammed his suspension as "arbitrary and unfounded" - and called for it to be withdrawn. In a scathing letter written to Frene Ginwala, Pikoli's lawyers said the only conclusion to be drawn from the government's repeated failure to make a proper case for his suspension was that it was acting in bad faith and did not have a case. - IOL website

Mbeki has 'a lot to explain on Pikoli saga' - 15 January
President Thabo Mbeki should explain to Parliament why he is reluctant to reinstate suspended National Prosecution Authority (NPA) head, Vusi Pikoli, the Democratic Alliance said on Tuesday. Information that had recently came to light suggested that Mbeki had misled the nation when he stated that he suspended the NPA head for failure to brief him about the NPA's investigation against national commissioner Jackie Selebi. - IOL website

'Vindicated' Pikoli silent on Selebi corruption charges - 14 January
Suspended public prosecutions director Vusi Pikoli refused yesterday to make statements about the charges faced by National Police Commissioner Jackie Selebi, saying he was focusing on preparing his submission to the Ginwala commission of inquiry. - The Herald Online website

No state submissions for Pikoli enquiry - 14 January
With 24 hours to go before deadline, the Ginwala Commission of Inquiry into suspended National Director of Public Prosecutions, Vusi Pikoli, has yet to receive government's submission on the matter. - IOL website

Selebi

Selebi's lawyers want court date brought forward - 17 January
Jackie Selebi's legal team would like to have him brought to court earlier than the National Prosecuting Authority's (NPA) proposed date of January 30, one of his advocates Fanus Coetzee said on Thursday. "It is because of the availability - we all have practices we are running," said Coetzee. The NPA proposed the date on Wednesday, when Selebi would be expected to be served a summons to appear in the Randburg Regional Court. - Mail & Guardian website

S Africa police chief informed of court date : report - 16 January
Lawyers for South Africa's national police chief Jackie Selebi, who is facing corruption charges, were informed by prosecutors that he must appear in court on Jan 30, the prosecuting authority said on Wednesday. - Reuters website

Mbeki denies he tried to protect Selebi - 16 January
As the heat intensified following the decision to criminally charge National Police Commissioner Jackie Selebi, President Thabo Mbeki moved yesterday to deflect allegations that he had been protecting the top officer. At a news conference yesterday, Mbeki's legal adviser, Mojanku Gumbi, said the president had acted immediately when he learnt the National Prosecuting Authority (NPA) was ready to proceed with action against Selebi. Gumbi acknowledged that a letter sent to Mbeki by suspended National Public Prosecutions director Vusi Pikoli in May last year had contained detailed information about the allegations against Selebi, but had contained only allegations. - The Herald Online website

Panel's report sank police chief - 14 January
The report that convinced prosecutors to charge National Police Commissioner Jackie Selebi with corruption has shaken his claims that there was a lack of evidence against him. Based on untested evidence gathered since 2006, a four-person panel appointed by acting National Prosecuting Authority boss Mokotedi Mpshe found "sufficient cogent evidence" to support charges of corruption and defeating the ends of justice. In a 42-page report, advocates Mbuyiseli Madlanga and Shamila Batohi and forensic investigators Frank Dutton and Peter Goss explain how and why they believe Selebi should be charged. The panel found "overwhelming evidence" that Selebi was routinely in contact with Glenn Agliotti, who has admitted lavishing money and gifts on the police chief in exchange for favours. - IOL website

SA police chief resigns as Interpol leader as he is charged with bribery - 14 January
Witnesses against the police chief include Agliotti's former girlfriend and secretary, Dianne Muller, who told investigators she counted out the cash Agliotti gave to Selebi. - Guardian Unlimited website

S Africa police chief quits as Interpol head : statement - 13 January
Interpol announced Sunday the resignation of its president Jackie Selebi, South Africa's chief of police who has been placed on extended leave on suspicion of corruption. "The general secretariat of Interpol today received a letter from Jackie Selebi . . . confirming his resignation with immediate effect," the international police agency said in a statement. - AFP website

Dinner with Selebi : yours for just R10m - 13 January
Glenn Agliotti charged Brett Kebble R10-million to introduce him to National Police Commissioner Jackie Selebi. It is alleged that, over an 18-month period, Selebi accepted more than R1.2- million from Agliotti - and that, as head of Interpol and South Africa's top cop, he turned a blind eye to his "best friend's" involvement in drug dealing. The first hand-out Agliotti made to Selebi was almost 18 years ago. - The Times website

Timeline on South Africa's Selebi, related cases - 13 January
South African police chief Jackie Selebi, facing corruption allegations, resigned as president of Interpol on Sunday, the police organization said. Here is a timeline on Selebi and related cases. - Reuters website

YCL 'perplexed' by Mbeki's 'inconsistency' - 13 January
The Young Communist League on Sunday said it was "perplexed" by President Thabo Mbeki's "inconsistency" in so far as it related to matters affecting the National Commissioner of the SA Police Services, Jackie Selebi. The question that needed to be asked by the public is why Jackie Selebi was being given an extended leave of absence, and was not treated the same as Zuma by being relieved of his duties as the National Police Commissioner, the YCL said. - IOL website

12 January 2008 President Mbeki accedes to National Police Commissioner's request for leave of absence SA Government Information website

Barry Sergeant (Moneyweb) and Dianne Kohler-Barnard (DA) interviewed by Geoff Candy - 11 January
Today's developments in the NPA/Scorpions turf war : Jackie Selebi's court application and Agliotti's retraction.  - Moneyweb website

Presidential pardons

19 January 2008
Statement of the Presidency : First Reference Group Meeting

16 January 2008
Commencement of Presidential pardons period

Presidency and political parties discuss pardons - 18 January
Director General in the Presidency Frank Chikane met representatives of political parties in Pretoria on Friday to discuss the subject of presidential pardons. The discussions at the Union Buildings dealt with applications from perpetrators of alleged political crimes committed before June 16 1999. Chikane and representatives from all political parties in Parliament have formed a multiparty reference group to consider such applications. - Mail & Guardian website

Requesting pardons - 21 January
The multiparty pardon request Reference Group has elected DA MP Tertius Delport as its chairman, according to the presidency. - Pretoria News website

Scorpions

ANC denies decision on Scorpions is Zuma related - 20 January
The ANC says its decision to force government's hand to incorporate the Scorpions into the SA Police Service, is not influenced by any intention to squash the prosecution of party president Jacob Zuma. - SABC News website

"Without the Scorpions, who will police the police?" - 18 January
What happens when the very instrument established to protect citizens - the police force - uses its powers for illegitimate purposes? What happens when members of the police force systematically collude with those who act outside the law for mutual benefit? Article by Helen Zille. - Politicsweb website

Sport and Recreation

Protecting the image rights of our sport stars - 16 January
Local South African celebrities and sports stars are, like their overseas counterparts, now beginning to enjoy the commercial rewards gained from the commercial opportunities such as image licensing agreements, sponsorships and celebrity endorsements. This article looks at the laws in place to manage the commercial rights of our celebrities and sports stars, as well as the protection it offers those celebrities who may fall prey to the unlawful and unauthorised use and exploitation of their commercial rights, particularly their image rights. Article by Sean Bosse. - BizCommunity website

Jake White, Springboks named newsmakers of the year - 15 January
The National Press Club has named South Africa's former rugby coach Jake White and the Springboks as Newsmakers of the Year for 2007. The former coach and the team won the Rugby World Cup in France last year, beating England 15-6. National Press Club chairperson Patrick Hlahla said the decision followed nominations received from club members, based on the basic criteria of newsworthiness and the extent of media coverage received. - BuaNews Online website

see also International. Sport and Recreation

Taxation Matters

Glitches in data mean 400 000 will have to resubmit tax forms - 18 January Almost 400 000 of the newly designed income tax return forms have been returned to taxpayers because of slight hiccups in the capturing of data in the new system. The SA Revenue Service (Sars) said 378 000 newly designed, simpler two-page tax return forms have been returned for either being incomplete or inaccurate. About 3,2 million forms were submitted. - The Herald Online website

Transnet

Work starts on R4,2bn container upgrade in Cape Town - 16 January
Transnet Port Terminals (TPT), formerly South African Port Operations, started its R4,2-billion construction programme this week at the port of Cape Town as part of a five-year plan to increase capacity at the country's second-largest container terminal. The port upgrade forms part of parent company Transnet's R28-billion investment into port-related projects, from an overall R78-billion planned for investment over the next five years. - Creamer Media's Engineering News website

Miscellaneous

Soldier up for shooting Zim woman at border - 18 January
A soldier has been arrested after a Zimbabwean woman was shot upon entering South Africa illegally, according to Limpopo police. Spokesperson, Superintendent Ronel Otto said a 25-year-old woman was wounded on Wednesday near the Beit Bridge border. - Pretoria News website

Libya

Deportations from Libya 'illegal' - 17 January
Libya would be violating international and domestic law if it goes ahead with plans to deport an estimated 1m illegal immigrants, Human Rights Watch says. The New York-based group said Libyan law prohibited deportation to countries where refugees may face persecution. A HRW spokesman told the BBC the Libyan leader may be reacting to pressure to stop Africans trying to reach Europe. - BBC News website

US court orders Libya to pay $60bn - 16 January
A US court has ordered Libya and six Libyan officials to pay more than $6bn ($3bn) in damages over the bombing of a French aircraft over Niger in 1989. The award is payable to relatives of the seven US victims aboard UTA Flight 772, and the aircraft's American owner. Libya has already agreed to pay $1m compensation to the relatives of each of the 170 people on board the flight - but has denied any link to the bombing. It paid compensation over a similar attack over Lockerbie in Scotland. - BBC News website

Mali

Deported Malians trash plane in Bamako - 15 January
A group of Malian illegal immigrants deported from Mozambique started trashing their plane in protest as it arrived in the capital, Bamako, on Tuesday, airport officials said. The 80-strong group of deportees tried to damage both the interior and exterior of the plane in front of cabin crew from South Africa. They claimed to have suffered abuse both in Mozambique and in South Africa. After the disembarkation of the passengers, the South African cabin crew demanded an immediate take-off - a request refused by the airport authorities. The crew then demanded to see a representative from their embassy in Bamako before leaving the plane. - Mail & Guardian website

Sri Lanka

Sri Lankan remanded for 50 years - 13 January
A man has been released from prison in Sri Lanka after being held on remand for 50 years without conviction. DP James was 30 years old when he was arrested for stabbing and wounding his father and sent to jail. He is now 80. He was moved to a psychiatric hospital shortly after entering prison in 1957, and returned to jail in the mid-1980s, where he seems to have been forgotten. A claim for compensation is now being considered. - BBC News website

Australia

State control for Aboriginal dole - 17 January
Welfare recipients in one of Australia's largest Aboriginal communities have had half of their benefits placed under state control. Payments in Wadeye (Northern Territory) settlement will be "quarantined", officials say. This means half of all dole cheques will be paid automatically to shops for essential items like food and medicine. The move comes as ministers meet to discuss the progress of a controversial government intervention in indigenous communities that began last year. - BBC News website

Court rules Japan whalers breaking Aust law - 15 January
The Federal Court has ruled that the Japanese whaling fleet is breaking Australian law, and has issued an injunction to stop its activities. The court says it is satisfied that the Japanese whaling fleet, controlled by Japanese company Kyodo Senpaku Kaisha, has contravened numerous sections of the Environment Protection Act by killing and injuring Antarctic minke and fin whales in the Australian whale sanctuary. It has ordered that it be restrained from continuing whaling. Justice James Allsop says the whaling illegal under Australian environment law which established the sanctuary, and it is done without the Government permission required in the exclusive economic zone. - ABC News website

Environment

EU climate policy ' too negative' - 18 January
Green groups have accused the European Union of planning for failure in global climate change negotiations. Europe's leaders promised last year to cut greenhouse gases by 20% by the end of the next decade, or by 30% if other big polluters made similar efforts. But a draft document seen by BBC News shows that the European Commission is asking member states to just plan for the lower figure for the time being. - BBC News website

30 000 tonne oil disaster costs Total €200m - 17 January
It was one of Europe's grimmest maritime oil spills, suffocating hundreds of kilometres of France's Atlantic coastline with a tide of black, toxic heavy fuel and killing or injuring 300 000 sea birds. On Wednesday in a historic ruling, a Paris court held that the oil giant Total was responsible for the 1999 sinking of the ageing oil tanker Erika and must pay millions of euros in damages. The ruling came after a seven-year investigation and complex trial that lifted the lid on the murky world of offshore-registered shipping. - Mail & Guardian website

EU rethinks biofuels guidelines - 14 January
Europe's environment chief has admitted that the EU did not foresee the problems raised by its policy to get 10% of Europe's road fuels from plants. Recent reports have warned of rising food prices and rainforest destruction from increased biofuel production. The EU has promised new guidelines to ensure that its target is not damaging. - BBC News website

France

France stops genocide transfer - 16 January
France's Supreme Court has overruled a decision to hand over a Rwandan genocide suspect to an international tribunal in Tanzania, his lawyers say. Dominique Ntawukuriryayo is accused by the International Criminal Tribunal for Rwanda of co-ordinating the killing of up to 25 000 Tutsis in April 1994. His lawyer, Thierry Mausis, told the BBC an earlier ruling was overturned because of procedural violations. Two other Rwandan suspects held last year in France were subsequently freed. - BBC News website

Iran

Human rights report blasts Iran's stoning laws - 15 January
Iran's penal code lays down the size of stones crowds should use to bludgeon adulterers to death, Amnesty International has discovered. This regulation is "specifically designed to increase the suffering of the victims," according to an Amnesty report. Article 104 of the Iranian penal code states the stones used should "not be large enough to kill the person by one or two strikes, nor should they be so small that they could not be defined as stones". Typically, the victim takes 20 minutes to die. Under Article 102, men must be buried up to their waist for stoning, while women are buried up to their chest. - Telegraph website

Arms and Ammunition

Pantomime gun must be registered - 18 January
A Cornish village drama group has had to register a toy gun with the police to comply with health and safety rules. Carnon Downs drama group in Cornwall have also had to keep their plastic cutlasses and wooden swords locked up for the pantomime, Robinson Crusoe. - BBC News website

Banking

UK backs Northern Rock bonds, seeks rescue bids - 21 January
Britain set a two-week deadline for a private-sector rescue of Northern Rock on Monday, as it confirmed plans to convert its billions of pounds of loans to the stricken bank into bonds in a bid to smooth a deal. The financing package will tie the government to Northern Rock, Britain's biggest casualty of the global credit crunch, for years to come. But it also increases the prospect of a private-sector takeover. - Mail & Guardian website

Laws planned to nationalise Rock - 15 January
The government has decided to use legislation to take Northern Rock into public ownership if nationalisation of the bank goes ahead. A short emergency bill would be used, rather than the government buying the company in a conventional way. Legislation is also preferred to the bank entering administration and then its assets being acquired. - BBC News website

Banks hire top QCs for landmark charges case - 15 January
Britain's leading High Street banks have spent an estimated £10 million assembling a team of more than 100 lawyers - including a team of eminent QCs - to fight a landmark case on whether overdraft fees are illegal. - Telegraph website

Bank charges court test to open - 14 January
Banks and their customers are awaiting the start of a High Court test case which could bring a fundamental change to UK High Street banking. The outcome may decide how much banks can charge millions of account holders who go overdrawn without permission. The Office of Fair Trading (OFT) is challenging seven leading retail banks and the Nationwide building society. The regulator claims the banks' overdraft charges are unfair, but the banks say they are entirely legal. - BBC News website

Education

State schools warned over admissions rules - 17 January
The government warned state-funded schools on Thursday to abide by strict admissions rules introduced last year to stop covert selection of pupils. Schools Minister Jim Knight said there had been 79 breaches of the code, which bars interviewing of applicants or asking for family details which could weed out poorer children. - Reuters website

Independent schools forced to be 'more open' - 16 January
Independent schools are to be made to open their doors to more children from poor homes under guidelines announced to stop them being run as "exclusive clubs". Schools failing to meet the regulations could have bank accounts frozen, trustees suspended, buildings seized or even be closed down under a range of sanctions. - Telegraph website

Human Rights

Two-mother family law under threat - 21 January
A powerful alliance of politicians and churchmen will attempt to ambush legislation that will enshrine in law for the first time the concept of a two-mother family. They are determined to overturn a change in law proposed by the Government to give both women in a lesbian relationship the legal status of parents when one of them gives birth after fertility treatment. Experts say this marks a historic change in how a family is legally defined. Campaigners will also force the first major parliamentary vote on abortion in 20 years, when they try to overturn the law passed in 1990 that permits terminations on the grounds of disability at any time in the pregnancy up until the point of birth. - Telegraph website

Animal Rights

Taunting evidence intensifies the tiger case - 18 January
Was the tiger taunted? The San Francisco police's first answer was found in a court document obtained by The San Francisco Chronicle : "As a result of this investigation, (police believe) that the tiger may have been taunted/agitated by its eventual victims," [Inspector Valerie Matthews, the lead investigator in the case] wrote in the affidavit. Police believe that "this factor contributed to the tiger escaping from its enclosure and attacking its victims," she said. One part of that story was backed up by a shoe print found on the railing, according to the police report. Marijuana and alcohol apparently were involved as well. - New York Times website

Lawyers say city, zoo on shaky legal ground if tiger victims sue - 13 January
In the eyes of the law, keeping a caged tiger is like hauling dynamite or storing uranium - an activity so dangerous that even the most careful proprietor is responsible for any injuries to bystanders. That's the general rule but there's an asterisk dating back to 1952 when a state appeals court ruled on a suit by a man who was attacked by a polar bear at the same zoo. - San Francisco Chronicle website

Courts

Lawyer reveals secret, toppling death sentence - 19 January
For 10 years, Leslie P Smith, a Virginia lawyer, reluctantly kept a secret because the authorities on legal ethics told him he had no choice, even though his information could save the life of a man on death row, one whose case had led to a landmark Supreme Court decision. Mr Smith believed that prosecutors had committed brazen misconduct by coaching a witness and hiding it from the defense, but the Virginia State Bar said he was bound by legal ethics rules not to bring up the matter. But the situation changed last year, when Mr Smith took one more run at the state bar’s ethics counsel. His testimony caused a state court judge in Yorktown, Va, to commute the death sentence of Daryl R Atkins to life on Thursday, citing prosecutorial misconduct. - New York Times website

Supreme Court restricts securities lawsuits - 15 January
Ruling in its most important securities fraud case in years, the Supreme Court on Tuesday placed a towering obstacle in the path of shareholders looking for someone to sue when a stock purchase turns sour. The decision in the case, Stoneridge Investment Partners v Scientific-Atlanta Inc, was a major and ardently sought victory for investment banks, accountants and vendors - the deep pockets that have become nearly automatic targets of class-action lawsuits that accuse them of having engaged in a fraudulent scheme with the company that actually issued the stock. - New York Times website

Cyberlaw

White House e-mails 'may be lost' - 16 January
The White House has acknowledged it recycled back-up tapes of e-mails sent over eight months of 2003, which may mean millions have been lost forever. The taped-over e-mails could include messages discussing the Iraq war and leaking of a CIA officer's identity. The White House disclosure was forced by a lawsuit brought by private groups. - BBC News website

Environment

Republican candidates divided on environment - 15 January
As voters head to the polls today in Michigan, Republican front runners Mitt Romney and John McCain couldn't be more divided over the issue of the environment as they stump through the beleaguered automobile manufacturing heart of America. "We got to stop thinking about being popular around the world and [start] doing what's right for America." So says Romney, who seems to be touting an isolationist, status quo agenda. - New Scientist website

Government

Keeping government secrets : a pocket guide for judges on the State-Secrets Privilege, the Classified Information Procedures Act, and Court Security Officers
Most federal judges come into contact with classified information infrequently, if at all, but when they do, they are faced with the dilemma of how to protect government secrets in the context of an otherwise public proceeding. This pocket guide is designed to familiarize federal judges with statutes and procedures established to help public courts protect government secrets when courts are called upon to do so. The guide provides information about the Classified Information Procedures Act (CIPA), information security officers, and secure storage facilities. This publication is in press. Printed copies are expected to be available for distribution beginning the week of January 22, 2008. - Federal Judicial Centre website
* * * Available online only * * *

Health

Paraplegic man dumped in LA gutter sues hospital - 17 January
A mentally ill paraplegic man filed a lawsuit on Thursday against a hospital that dumped him in a gutter on Los Angeles' "Skid Row" - a case that highlighted the plight of the city's vast homeless population. Gabino Olvera sued the Hollywood Presbyterian Medical Center for negligence after it discharged him in February 2007, took him across town in a van and left him in a soiled hospital gown without a wheelchair in the heart of the city's homeless area. Witnesses who came to Olvera's aid said they saw him dragging himself on the ground with hospital papers and documents clenched in his teeth while the driver sat in her van and applied makeup before driving off. - Reuters website

Plea deal in US body parts case - 16 January
An American behind a plot to illegally remove body parts from corpses and sell them for transplant is to admit guilt in a plea bargain, his lawyer has said. One of the bodies plundered was that of famous BBC broadcaster Alistair Cooke, whose bones sold for $11 000 (£5 600). Michael Mastromarino, 44, allegedly earned millions from the plot in New York and is expected to face a minimum of 18 years in prison.  Another 10 people have been charged in connection with the case. - BBC News website
Keyphrase :
Organ trafficking
Organ transplants

Human Rights

Prelude to a public toilet : thank this man - 16 January
One lawsuit, 17 years, and 443 relieved users later, Douglas Lasdon is pleased that New Yorkers were able to use the public toilet that he had dreamed of in 1990. Mr Lasdon, who has worked as a homeless advocate through the Urban Justice Center, first brought the issue of public toilets to the city's consciousness, when his group filed a lawsuit in 1990 on behalf of three homeless men and one woman who, it was said, were "forced to endure continual embarrassment, humiliation, physical injury and hazardous conditions resulting from defendants' violations". The group, then known as the Legal Action Center for the Homeless, also issued a report [pdf] that drew attention. Among others hurt by the lack of public bathrooms, according to the lawsuit : pregnant women, taxi drivers, bus drivers. - New York Times website

Insurance Industry

In legal cases, CIA officers turn to insurer - 20 January
When Jose A Rodriguez Jr came under investigation for ordering the destruction of Central Intelligence Agency interrogation videotapes, one of his first calls was to a small Virginia insurance company that thrives on government trouble. Like a growing number of CIA employees, Mr Rodriguez, former head of the agency’s clandestine service, had bought professional liability insurance from Wright & Company. The firm, founded in 1965 by a former FBI agent, is now paying his mounting legal bills. The standard Wright policy costs a little less than $300 a year. The government pays half the premium for all supervisors and certain other high-risk employees, a group that includes hundreds of CIA officers, including everyone at the agency involved in counterterrorism or counterproliferation. - New York Times website

Land Affairs and Property

Maps don't match ; county attorney wants help sorting out section lines - 16 January
Straightening section lines in northwest Red Willow County and making them correspond with county roads and survey maps could keep the county's roads superintendent busy "the rest of his natural life". County Attorney Paul Wood asked commissioners, during their meeting Monday morning, to allow him to contact John Hanson, a McCook attorney who specializes in real estate and land title issues, to help the county decide what to do with section lines and county roads that do not match the large "cadastral" maps that county assessor Sandra Kotschwar uses to apportion taxes. - McCook Gazette website

Inquiry focuses on withholding of data on loans - 12 January
An investigation into the mortgage crisis by New York State prosecutors is now focusing on whether Wall Street banks withheld crucial information about the risks posed by investments linked to subprime loans. The inquiry, which was opened last summer by New York’s attorney general, Andrew M Cuomo, centers on how the banks bundled billions of dollars of exception loans and other subprime debt into complex mortgage investments, according to people with knowledge of the matter. Charges could be filed in coming weeks. - New York Times website

A landmarks fight on Madison Avenue - 9 January
A plan by Friedland Properties to construct a 14-story apartment building at 746-48 Madison Avenue has been described as "extremely deleterious" even though the proposal would restore, preserve and replicate the existing storefronts. Robert Ravitz said the project would deprive the neighborhood of light and air, add to congestion and create a "nightmare of noise, dirt and double-parked construction vehicles". The matter is expected to come before the Landmarks Preservation Commission on Jan 22 because the building is within the Upper East Side Historic District. The structure was originally the synagogue of Congregation B'nai Jeshurun but was significantly altered 90 years ago. It assumed its present two-story form in 1938. - New York Times website

Minerals and Energy

see also De Beers coughs up $295m in settlement but denies wrongdoing above

Taxation Matters

Hollywood star in court on tax fraud charges - 15 January
Hollywood star Wesley Snipes used a novel interpretation of US tax laws to avoid paying anything on the $38-million he earned from blockbusters a court has heard. The actor also demanded that the US government pay him back another $7-million that he did hand over before he signed up for a bizarre tax avoidance programme promoted by two crooked advisers. And when investigators closed in on the actor, he allegedly fled to South Africa on a false passport. Snipes went on trial in Florida on Monday charged with conspiracy to defraud and failing to file tax returns between 1999 and 2004. The case is expected to last four weeks and Snipes faces up to 16 years in jail if convicted. - Mail & Guardian website
Keyphrase :
861 position

Miscellaneous

Would-be jumper sues Empire State Building - 15 January
Jeb Corliss, the professional parachute jumper who tried to leap off the Empire State Building on April 27, 2006, released a short video today showing him struggling with plainclothes security guards and police officers on the observation deck. He said that if the parachute had opened while he was shackled to the fence, his body would have been yanked from his limbs. He has filed a $30 million lawsuit against the Empire State Building Company, accusing the building's agents of defaming his character, unlawfully imprisoning him on the observation deck and causing him emotional distress and lost income. His lawsuit was a counterclaim to a $12 million lawsuit filed against him by the Empire State Building Company last year, accusing him of endangering innocent bystanders. - New York Times website

Copyright

Bits debate : is copy protection needed or futile? - 14 January
Should creators insist on technology that will restrict the copying and transmission of copyrighted works? Any lock can eventually be picked. Do these restrictions provide speed bumps to help keep honest people honest? Or do they create a permanent war between creators and users that may hurt everyone? - New York Times website

IPO looks at copyright change - 12 January
The IPO has launched a consultation on how the laws should apply in the digital age. This follows the Gowers Review of Intellectual Property, which recommended reforms to the law. Among the priorities is that schools and universities should be able to make the most of digital technologies and facilitate distance learning, and libraries and universities should use technology to preserve valuable material before it deteriorates or the format in which it is stored becomes obsolete. Other recommendations include expanding the exceptions from copyright to reflect the increased use of interactive whiteboards in education, and enabling extracts from books, plays and copies of broadcasts to be distributed digitally. Changes for libraries would allow the copying of sound recordings, films and broadcasts for preservation purposes and to change the format of works stored on obsolete or unstable media - Kable website

Environment

Can cruise ships and coral coexist? - 15 January
The cruise ship industry, Mexican government, and Conservation International have announced a plan to try to protect coral reefs and other ecosystems in Cozumel, the world's most-visited cruise destination. In a joint news release, the industry, environmental group, and government officials said their goals are to boost environmental education of passengers, cruise operators, and local communities, curb traffic and waste-disposal problems, boost protection of the barrier reef, and work to more effectively enforce environmental laws and regulations. - New York Times website

Sport and Recreation

Jones punishment is fair : Lewis - 14 January
Former Olympic champion Denise Lewis said Marion Jones's six-month jail term is fair and sends the right message to athletes who would consider cheating. Jones, 32, was sentenced for lying about steroid use and involvement in a drugs fraud case. - BBC News website

Pistorius barred from Beijing Games - 14 January
South African double amputee Oscar Pistorius, who runs with carbon-fibre blades attached to his legs, will not be allowed to compete at this year's Beijing Olympics. A report commissioned by the International Association of Athletics Federations (IAAF) and released on Monday concluded that the prosthetics used by Pistorius gave him a significant advantage over able-bodied runners. - Mail & Guardian website

Oscar Pistorius : independent Scientific study concludes that cheetah prosthetics offer clear mechanical advantages - 14 January The IAAF has received the results of an independent scientific study carried out by Professor Peter Brüggemann at the German Sport University in Cologne. This study made a biomechanical and physiological analysis of long sprint running by a double transtibial amputee athlete Oscar Pistorius (RSA) using "cheetah" prosthetics, and also compared this athlete with five able-boded athletes who are capable of similar levels of performance at 400m. - IAAF website

Olympic bid by double-amputee sprinter stirs athletic, ethical debate - 13 January
It's a wish that has turned into a contentious and heart-tugging story. It's a wish that is dividing sports fans and scientists alike. The double-amputee sprinter from South Africa longs to run on his artificial Cheetah blades in Beijing. At the heart of the complex case is a straightforward question: To what extent can a disabled athlete enhance his ability with mechanical aids? - Canadian Press website

Amputee sprinter vows to fight ban - 13 January
Double-amputee sprinter Oscar Pistorius will continue fighting for a chance to compete in the Olympics - whether it is in Beijing or London. A defiant Pistorius pledged to appeal a widely expected ruling from the IAAF on Monday that his prosthetic racing blades give him an unfair edge and that he should be barred from this year's Beijing Games. "I feel that it is my responsibility, on behalf of myself and all other disabled athletes, to stand firmly and not allow one organization to inhibit our ability to compete using the very tools without which we simply cannot walk, let alone run," Pistorius said. "I will not stand down". - Xinhua News Agency website

Taxation Matters

Africa to get together to solve tax problems - 11 January
Tax collectors from 39 countries around the world meeting in an Organisation for Economic Cooperation and Development (OECD)-sponsored conference on Friday agreed to support a further conference specifically on taxation in Africa. The conference will be hosted by the South African Revenue Service (Sars), and will take place in May this year. The conference, likely to be held in Durban, will for the first time bring tax commissioners from all over the continent together. The communiqué issued at the end of the OECD forum said that the conference would bring together not only the commissioners but also the OECD, the International Monetary Fund, World Bank, the World Customs Organisation and donor agencies. - Mail & Guardian website

To render unto Caesar : tax policy for developing countries - 11 January
Taxation in all countries, and certainly in developing countries, and most certainly here in East Africa, is a subject filled with contradictions and perverse incentives. Some of the questions we must deal with are entirely practical : Are we promoting good economic practice and efficiency? Will we actually be able to collect the revenue we need? Others are acutely moral and ethical : Do we tax the right people? Do we tax fairly? Are we encouraging corruption or law breaking? - The Heritage Foundation website

Requirements

Bachelor's degree or equivalent qualification in law
Candidate with legal qualifications and experience is recommended

Responsibilities

Quality control
Respond to letters of demand and ensure that the responses are legal correct and on time

Contact
Hilda-Anne Walker
031-267 2114
hilda@expresswest.co.za

Please submit three CVs per post and state the position for which you are applying. CVs must be back before 10h00 on 17 January 2008

Requirements

Candidate with legal qualifications and experience in civil litigation is recommended

Responsibilities

Quality control
Ensure that the responses are legally correct by responding to the notice of motion
Follow-up on the notices of removal with the respective attorneys
Co-ordinate the set downs
Ensure instructions are received by the State Attorney and individual attorneys timeously
Manage the dies diary
Follow-up on matters to be opposed and drafting of affidavits
Communicate directly with attorneys' office

Contact
Hilda-Anne Walker
031-267 2114
hilda@expresswest.co.za

Please submit three CVs per post and state the position for which you are applying. CVs must be back before 10h00 on 17 January 2008

Requirements

Candidate with legal qualifications is recommended

Responsibilities

Respond to letters of demand after receiving original file registry
Update F5
Processing of arrear payments

Contact
Hilda-Anne Walker
031-267 2114
hilda@expresswest.co.za

Please submit three CVs per post and state the position for which you are applying. CVs must be back before 10h00 on 17 January 2008

Requirements

Candidate with legal qualifications and background is recommended

Responsibilities

Respond to the notice of motion by way of schedules
Update F5
Forward responses and schedules to attorneys

Contact
Hilda-Anne Walker
031-267 2114
hilda@expresswest.co.za

Please submit three CVs per post and state the position for which you are applying. CVs must be back before 10h00 on 17 January 2008

Requirements

Candidate with legal qualifications and background is recommended

Responsibilities

Open litigation files
Batch and distribute files to the specialists
Obtain pre-litigation responses
Obtain original files from Metro-file
Draw up schedules
Capturing set down matters and dates on the system

Contact
Hilda-Anne Walker
031-267 2114
hilda@expresswest.co.za

Please submit three CVs per post and state the position for which you are applying. CVs must be back before 10h00 on 17 January 2008