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

Issue no.425 January 2008

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

Contents
News
International Bar Association - Scholarship 2008
Government Gazette Update
Acts
Regulations and Draft Regulations
Government, General and Board Notices
KwaZulu-Natal Provincial Gazette
Recent Journal Articles of Interest
South African Deeds Journal
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
Vacancies
Conveyancer : Professional Assistant
Department of Justice
Last Thought
Quote of note - Peter Hillary

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

 
 News
 
International Bar Association
Scholarship 2008

This year the Sections and Committees of the IBA's Legal Practice Division are once again offering scholarships to young lawyers who wish to participate in the IBA Annual Conference, but who are  unable to do so owing to financial constraints.

The 2008 scholarship awards include the following :

Free registration for the IBA 2008 Annual Conference, 12-17 October 2008, Buenos Aires Argentina

A contribution towards travel costs to the conference

Cover of accommodation costs while attending the conference

Two year's free IBA membership including membership of one LPD Committee and one PPID Constituent

A waiver of either the next IBA Annual Conference registration fee or the registration fee of one of the chosen committees' specialist conference in 2009

Free membership of the Scholarship Alumni Group

The following LPD Sections and Committees are awarding scholarships. Please click on the relevant Section/Committee for more information :

Antitrust and Trade Law

Corporate Law

Criminal Law

Dispute Resolution

Human Resources

Insolvency, Restructuring & Creditors Rights

Intellectual Property, Communications & Technology

International Sales, Franchising & Product Law

Law & Individual Rights

Leisure Industries

Maritime and Transport Law

Public Law

Real Estate

Section on Energy, Environment, Natural Resources and Infrastructure Law

Taxation

Each application must be accompanied by a 2 500 word paper on a subject selected by each of the Sections/Committees ; further details of which are available by clicking on the above links.

Please be advised that applicants are only permitted to apply for one Section or Committee scholarship and must be 35 years or under at the time of the conference. The deadline for submissions is Monday 7th April 2008.

If you would like any further details or have any questions please do not hesitate to contact me.

Kelly Savage
Divisions Administrator
divisions@int-bar.org

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

 Government Gazette Update
Acts
Adjustments Appropriation Act 27 of 2007

http://www.polity.org.za/attachment.php?aa_id=10609 ***

Broadband Infraco Act 33 of 2007

http://www.polity.org.za/attachment.php?aa_id=10610 ***

Criminal Law (Sentencing) Amendment Act 38 of 2007

http://www.polity.org.za/attachment.php?aa_id=10611 ***

Firearms Control Amendment Act 28 of 2006

GN 775/GG 30210/22-08-2007 *

Health Professions Amendment Act 29 of 2007

GN 21/GG 30674/17-01-2008 *

Public Service Amendment Act 30 of 2007

GN 22/GG 30675/17-01-2008 *

Securities Transfer Tax Act 25 of 2007

http://www.polity.org.za/attachment.php?aa_id=10607 ***

Traditional Health Practitioners Act 22 of 2007

GN 42/GG 30660/10-01-2008 *


Regulations and Draft Regulations
Nursing Act 33 of 2005

Regulations relating to the nomination and appointment of Members of the Council
GNR 20/GG 30672/16-01-2008 *

 


Government, General and Board Notices
Architectural Profession Act 44 of 2000

Annual update of the Professional Tariff of Fees in terms of Section 34(2) of the Act
BN 6/GG 30666/18-01-2008 *

Employment of Educators Act, 1998

Amendment to the procedure dealing with Employee-Initiated Severance Package for educators (EISP) and the publication of the amendment
GN 24/GG 30677/18-01-2008 **

Improvement in conditions of service for educators employed in terms of the Employment of Educators Act, 1998 : teacher incentives
GN 25/GG 30678/18-01-2008 *

Engineering Profession Act 46 of 2000

Amendment to Rules : Continuing Professional Development and Renewal of Registration
BN 4/GG 30666/18-01-2008 *

Public Finance Management Act

Rate on the interest of government loans : 14% per annum applicable from 1 January 2008 until further notice
GN 41/GG 30666/18-01-2008 *

South African Qualifications Authority

Announcement of intention to extend the accreditation of the Insurance Sector Education and Training Authority (INSETA)
GN 18/GG 30666/18-01-2008 **

South African Schools Act 84 of 1996

National norms and standards for Grade R funding
GN 26/GG 30679/18-01-2008 **

World Heritage Convention Act 49 of 1999

Correction notice of GN 1197/GG 30590/18-12-2007
GN 19/GG 30666/18-01-2008 **

 


KwaZulu-Natal Provincial Gazette - now available online via http://www.lawsoc.co.za/kznprovince/index.htm as the result of a collaborative project between the Premier's Office and the KZNLS

Transfer of funds to municipalities

Amendment
PN 1/PG 66/17-01-2008 *


* Source : LexisNexis
** Source : Sabinet
*** Source : Polity

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

 Recent Journal Articles of Interest
South African Deeds Journal - http://land.pwv.gov.za/publications/formal/deeds_journal.htm
Fideicommissums and our registration system
W F H C Swanepoel
SA Deeds Journal - 2007 October, p.1
Subdivision of agricultural land and consent in terms of Act 70 of 1970
Allen West
SA Deeds Journal - 2007 October, p.4
Update of the de-registration of mineral rights
Sydney Mekwe
SA Deeds Journal - 2007 October, p.4
Deeds office stalwarts retire : [Piet van Zyl ; Jackie Viljoen]
L J Vosloo
SA Deeds Journal - 2007 October, p.6
Stamp duty amendments affecting leases of fixed property
South African Revenue Services
SA Deeds Journal - 2007 October, p.7
The first Surveyor General of the "Zuid-Afrikaanse Republiek" (ZAR) alias Transvaal : Magnus J F Forssman (1822-1889)
A B Schoeman
SA Deeds Journal - 2007 October, p.8
The responsibility and functions of the notary
Allen West
SA Deeds Journal - 2007 October, p.10
Proposed amendments by the Sectional Titles Regulation Board to the Sectional Titles Act 95 of 1986
Allen West
SA Deeds Journal - 2007 October, p.11
Other languages in deeds and documents
Edgar Morake
SA Deeds Journal - 2007 October, p.14
Statistics of Chief Directorate : deeds registration monetary values of transfers and bonds
SA Deeds Journal - 2007 October, p.15
Promulgation of Corporate Laws Amendment Act 24 of 2006
Lizelle Kilbourne
SA Deeds Journal - 2007 October, p.22
Mpumalanga Deeds Registry Update
Wiseman Bhuqa
SA Deeds Journal - 2007 October, p.22
Confirmation of conveyancing practice in Western Cape
SA Deeds Journal - 2007 October, p.23
Translation and abbreviation of company names
Allen West
SA Deeds Journal - 2007 October, p.23
Black marriages in terms of Section 35(1) of the KwaZulu Legislative Assembly Act no.16 of 1995
Allen West
SA Deeds Journal - 2007 October, p.24
Notes on fractional ownership
C J de Jager
SA Deeds Journal - 2007 October, p.24
Individual rating of sectional title units
Lizelle Kilbourne
SA Deeds Journal - 2007 October, p.25
Who is the conveyancer's client
C P H Geldenhuys
SA Deeds Journal - 2007 October, p.25
Check-list for the consolidation of units
Allen West
SA Deeds Journal - 2007 October, p.28
Interpretation of Section 4(2) of the Sectional Title Act, Act 95 of 1986
AGeorge Tsotetsi
SA Deeds Journal - 2007 October, p.28
Robben Island : the title deed history
L J Vosloo
SA Deeds Journal - 2007 October, p.29
Land law in England and Wales : the challenges of modernisation
Paul Omar
SA Deeds Journal - 2007 October, p.37
Conveyancing through the cases
Allen West
SA Deeds Journal - 2007 October, p.48
Keyphrases :
Maharaj and Another v Govindasamy and Another [2007] JOL 19052 (D) - Agreement of Sale
E P Manna v J M Lotter CPD 9708/04 - Validity of Deed of Sale
Mostert v Van der Westhuizen and Another CPD - Options to purchase

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

 News on the Electronic Front
 Recent Judgments Available on the Internet

Equality Courts

Bisho

Son takes father to court for forcing him to be circumcised - 23 January
A young Christian man is taking his father to court to demand an apology for violating his rights when he allegedly forcefully sent him to an initiation school. In an unprecedented move, 19-year-old Bonani Yamani wants the Bhisho equality court to force his father Lindile Yamani, traditional leaders and government to apologise to him. He is assisted by Justice Alliance of South Africa (JASA), a Cape Town-based organisation that describes itself as 'a coalition committed to the highest moral values in South African society' - Daily Dispatch website


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

High Court dismisses abalone application - 18 January
The Cape Town High Court has dismissed an application by a group of abalone rights holders who wanted to stop the Department of Environmental Affairs and Tourism from issuing permits to abalone divers. The department on Thursday welcomed the court's decision, after the divers tried to challenge the department's decision to suspend commercial fishing of abalone. - allAfrica website

Fidentia Case

Fidentia : Khan accused of being negligence - 22 January
The Cape High Court has granted a punitive costs order against the city attorney representing Fidentia boss J Arthur Brown, saying that he was negligent in not giving his client professional legal advice. But the attorney, Rashaad Khan, was not deterred by the court's order and has decided to approach the Supreme Court of Appeal in Bloemfontein. Justice Dennis Davis dismissed the application and granted a punitive costs order against Khan. - IOL website

Fidentia boss loses round with judge - 22 January
Cape High Court Judge Dennis Davis yesterday dismissed with costs an application by Fidentia boss J Arthur Brown for Davis to recuse himself from a sequestration application he had heard in November last year. Davis said there had not been an application for him to recuse himself from the case when previous counsel appeared for Brown during a hearing to have the estates of Brown and his wife Suzette sequestrated. - allAfrica website

Fidentia chief's application 'an abuse of judicial system' - 21 January
An application in the Cape High Court on Monday, concerning sequestration proceedings involving Fidentia's J Arthur Brown and his wife, Susan, was "an abuse of the judicial system", Cape High Court Judge Dennis Davis said. - Mail & Guardian website


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

Man wins court bid for passport - 23 January
The department of home affairs in the Eastern Cape has been ordered to grant a passport to a Port Elizabeth man within 30 days. Yesterday's High Court order in favour of Abdi Hussen Ali comes after he approached his lawyer for assistance because he had waited for a passport for more than a year. In his affidavit, Ali said he was a businessman who had become a South African citizen by naturalisation. Ali's certificate of naturalisation was granted on June 14, 2006. - The Herald Online website


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

State to fight De Beers' diamond dump victory - 25 January
The legal battle between mining giant De Beers and the minerals and energy department over the control of diamond mine dumps said to contain deposits worth billions of rands may continue after the department said yesterday it might appeal against last month's ruling by the Bloemfontein High Court in favour of De Beers. De Beers had taken the department to court to stop it granting a prospecting right to empowerment company Ataqua Mining on De Beers' Jagersfontein tailings dump in Free State, where mining ceased in 1971. - allAfrica website


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

Lawyer wins R100 000 for defamation - 24 January
A Pietermaritzburg High Court judge has ordered the Safety and Security minister to pay damages of R100 000 to a former attorney for Pakistani businessman, Wassim Agha, over defamatory allegations made by a police officer to the effect that she had a "love affair" with her client. The allegation against attorney Sheena Raghavjee (32) was aired publicly during Agha's 2004 bail hearing in the Durban Magistrate’s Court by Superintendent Anton Booysen. "There is no reason why a young female professional . . . should refuse such an invitation. It is certainly not a licence to immediately classify such interaction as a "love affair". Unfortunately, however, it creates an opportunity that invites comment and speculation. In the interests of strict professionalism, such interaction between an attorney and client should be avoided," the judge stated in his judgment. He said taking into account all factors, R100 000 damages would be appropriate. - Witness website


Transvaal Provincial Division - (Court rolls at http://www.courtroom.co.za/roll.php)

18 January 2008
(34431/2005) [2008] ZAGPHC 11
City of Tshwane Metropolitan Municipality v Cable (Pty) Ltd
Marked Not Reportable
Keyphrases :
Municipal Structures Act 17 of 1998
Regional Establishment Levy
Regional Services Levy
Small Business Tax Amnesty and Amendment of Taxation Laws Amendment Act 9 of 2006

18 January 2008
(25173A/2005) [2008] ZAGPHC 10
Wraypex (Pty) Ltd v Barnes
Marked Not Reportable

18 January 2008
(4754/2007) [2008] ZAGPHC 9
Koyabe and Others v Minister of Home Affairs and Others
Marked Not Reportable

16 January 2008
(A615/2006) [2008] ZAGPHC 8
S v Ngobeni
Marked Not Reportable

16 January 2008
(A118/2006) [2008] ZAGPHC 7
S v Nkosi
Marked Not Reportable

16 January 2008
(8569/2007) [2008] ZAGPHC 6
Panday v University of the Witwatersrand
Permission to register with University

Marked Not Reportable

10 January 2008
(52996/07) [2080] ZAGPHC 5
MGC Bedryfsmaatskappy (Edms) Bpk v De Bruyn

Marked Not Reportable

10 January 2008
(27785/2003) [2008] ZAGPHC
Rodrigues v Pretorius In Re: Pretorius v Schoeman and Others

Marked Not Reportable

10 January 2008
(43844/07) [2008] ZAGPHC
Altech Netstar (Pty) Ltd v South East Tracking & Recovery Services (Pty) Ltd and Others

8 January 2008
(17239A/2007) [2008] ZAGPHC 4
Equity Aviation Services (Pty) Limited v South African Post Office Limited

Marked Not Reportable

8 January 2008
(49375/2007) [2008] ZAGPHC 1
MGK Bedryfsmaatskappy (Eiendoms) Beperk v Booysen en 'n Ander

Marked Unreportable

'Safety first, AA later' - 24 January
A Pretoria High Court Judge on Thursday criticised the Tshwane Municipality for putting equity transformation above safety considerations. Judge Bill Prinsloo interdicted the municipality from imposing any disciplinary sanction on one of its senior electrical engineers, Adrianus Weyers, for sending a letter of concern about his bosses' employment equity policy - which he said endangered city employees and the public - to the Engineering Council and the department of labour in 2005. ". . . I fail to see how I can express approval for actions aimed at achieving (and accelerating) equity transformation at all costs and in disregard of safety considerations. This must be particularly true in the case of a lethal commodity like high voltage electricity. In my view there must be a sensible balance between considerations of employment equity on the one side and safety on the other side," the Judge said. - Fin24 website

Ermelo school set to appeal - 24 January
Hoerskool Ermelo would get four more teachers so that the 95 pupils the Mpumalanga education department has forced the school to take on can be taught in the language of their choice, which is English, the Mpumalanga education department says. Despite this, the tussle between the Afrikaans-medium school and the department is set to continue, with the school's governing body gearing up to appeal to the Supreme Court of Appeal against being forced to turn parallel medium. - allAfrica website

Afrikaans-only school loses court appeal - 21 January
Mpumalanga's Hoerskool Ermelo lost a final court bid on Friday to stop the province from forcing it to admit English-speaking pupils. The Pretoria High Court dismissed an application for leave to appeal against the court's earlier ruling that the school had to admit English-speaking children a day after principal Koos Kruger was suspended by the province's education department. Three judges have described the "insensitivity" of the Hoerskool Ermelo and its governing body to students who did not want to be taught in Afrikaans as "shocking". "The department is holding the principal responsible for things they told him not to do", said Anthony Benadie, the Democratic Alliance's (DA's) Mpumalanga education spokesman. - allAfrica website


Witwatersrand Local Division - http://www.saflii.org/

25 January 2008
4480/07
Sailing Queen investments v Occupants of La Colleen
Stuart Wilson, head of the CALS litigation Unit : - "In this case, the CALS Litigation Unit acts for a group of desperately poor people facing eviction by a property developer from a block of flats in Bellevue. We brought an interlocutory application for the joinder of the City of Johannesburg and a stay in proceedings pending an inquiry into the extent to which the state has complied with its constitutional obligations to provide alternative housing. The interlocutory application was argued on 5 December 2008 and judgment was handed down this morning. The judge allowed the joinder of the City of Johannesburg and granted the respondents and temporary stay of proceedings in the main application. In resisting joinder, the applicant relied on Xantium Trading v Molefe, a similar case in which Boruchowitz J refused an application for joinder of the City of Johannesburg on the basis that the rules of court did not allow for a defendant (or respondent) to join a third party and that there is no other common law authority for joining the municipality "as a matter of practice" in eviction proceedings. The judgment in Sailing Queen Investments considers and rejects the reasoning of the court in Xantium Trading and considers the respondents' application for joinder and stay in the broader context of the state's constitutional obligations to prevent homelessness and the proper balance of rights to be struck between owner and unlawful occupier in circumstances where an eviction would likely lead to homelessness. . . . The judgment also considers the interaction between the Bill of Rights, the Rules of Court and the common law of joinder
May be online next week on the Legalbrief and the Centre for Applied Legal Studies websites
In the meantime you may request a copy from our librarians at
help@lawlibrary.co.za


Regional Courts

Cape Town

Bail conditions relaxed for Fidentia man - 21 January
Fidentia boss J Arthur Brown on Monday made his first appearance in the Cape Town Regional Court, where he is to go on trial on two charges of fraud, one of theft and one of contravening the Companies Act. Brown had previously made several appearances in the lower district court, together with Fidentia's former financial director, Graham Maddock, but at the last appearance on December 7 their trials were separated. Maddock was expected to appear in the Bellville Specialised Commercial Crime Court on February 1. - Mail & Guardian website


 Government and Legislation

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

Statements and Speeches

22 January 2008
Statement on Cabinet meeting of 22 January 2008
Keyphrases :
Auditor-General's reports
Convention concerning the Promotional Framework for Occupational Safety and Health (Convention 187)
Employment Relationship recommendation (no.198)
Eskom
International Labour Conference Instruments
Maritime Labour Conference, 2006
Promotion Framework for Occupational Safety and Health Recommendation (Recommendation 197)

22 January 2008
Land deal provides new opportunities for education

18 January 2008
Climate change round-table discussion

17 January 2008
Almost R200 million to rebuild libraries and buy books

16 January 2008
New Library Council to finish Transformation Charter


Legislation

Child Justice Bill

Law aims to rehabilitate children in trouble - 22 January
Legal and social workers in the Southern Cape have welcomed the re-introduction of the Child Justice Bill into Parliament. The portfolio committee on justice and constitutional development plans to hold public hearings on February 5 regarding the Bill and written submissions need to be made by the end of the month for consideration in the discussions. - The Herald Online website

Constitution of the Republic of South Africa Amendment Bill and Cross-Boundary Municipalities Laws Repeal and Related Matters Bill

How 'national interest' trumped popular will in Khutsong - 21 January
Records of Gauteng legislature local government portfolio committee meetings held before the passing of the Constitution Twelfth Amendment Bill in 2005 show that the committee changed its position on Khutsong being transferred to North West - just a week after deciding to keep it in Gauteng. The legislature's turnabout came to light following the submission to the court of documents containing minutes and transcripts of committee meetings held on November 29 and December 5. - allAfrica website

Consumer Protection Bill

Progress report (supplied by Deneys Reitz via Cathy : OSALL)

Many clients have enquired about the progress of the Consumer Protection Bill.  We have obtained the following information from DTI :

The third draft of the Bill (which has not yet been published) was approved by the Cabinet on 5 December 2007

The Bill was then referred to the State Law Advisors for review and certification.  This practice could take six weeks or longer

It is anticipated that the Bill will be published and introduced to Parliament in March/April 2008.

There is no information at this stage as to when the legislation will come into force.

Expropriation Act, 1975

Expropriation under spotlight - 23 January
The public works department has started on the business of revising the laws on expropriation, which became a matter of urgency following the Polokwane national conference of the ANC last month. A announcement from the department on Wednesday said that it will start the ball rolling with a national workshop to be held in Gauteng next month. The new law will replace or amend the Expropriation Act (of 1975). - Fin24 website

Revenue Laws Amendment Act 35 of 2007

Fears of double toll on smokers, drinkers - 25 January
Lawyers have warned that recent legislation makes it possible to levy excise duties on imported goods. But the South African Revenue Service (SARS) said the change would not affect how much was collected from importers. Hester Hopkins and Quintus van der Merwe of Customs @ Wylie, a division of Shepstone & Wylie, said the Revenue Laws Amendment Act promulgated this month changed the definition of the term "customs duties". - Business Day website


 Useful Links and Items of Interest

ANC 52nd National Conference 2007 - Resolutions
http://www.anc.org.za/ancdocs/history/conf/conference52/resolutions.html ; http://www.anc.org.za/ancdocs/history/conf/conference52/resolutions.pdf

ANC lays down law to Mbeki's government - 21 January
The African National Congress (ANC) flexed its muscles at the weekend, setting an agenda it said the government must deliberate on at its cabinet lekgotla, which starts tomorrow. The party's national executive committee (NEC) said yesterday it would keep an eye on the extent to which the ANC's immediate social and political programme, which the party fine-tuned at a three-day meeting at the weekend, would filter into government programmes this year. - allAfrica website

ANC resolution on the Transformation of the Judiciary - 23 January
politicsweb website

ANC targets judiciary, media - 23 January
The new ANC leadership is rushing headlong into a confrontation with the judiciary, national prosecuting authority, and the press. The resolutions adopted by the party's national conference, now ratified by its National Executive Committee (NEC), demand the dissolution of the Directorate of Special Operations (DSO) and the limitation of judicial independence. They also provide for a greater measure of state control over the media. - politicsweb website


Ships at sea : positions and weather observations

http://www.sailwx.info/shiptrack/


Legal Profession

Fiji

Law society wants more indigenous members - 25 January
Efforts are being made to bring indigenous lawyers into the mainstream Fiji Law Society organisation to ensure that they are not influenced by nationalistic interests. Law Society president Isireli Fa said if left unchecked, indigenous lawyers could go off on their own tangent and start to harbour views not generally supported by mainstream society members. He said there were now 120 indigenous Fijian lawyers. Most of them were part of the 60 members of the law society. - The Fiji Times Online website

Pakistan

UK lawyers call for release of Pakistani judges - 25 January
The UK legal profession and leading human rights groups are calling on the Pakistani authorities to release and reinstate lawyers and judges imprisoned in Pakistan in the recent constitutional upheaval. The call by The Law Society of England and Wales, the Association of Muslim Lawyers and the Bar Council and groups including Justice and Liberty coincides with the visit of President Musharaff this weekend. - Times Online website

Law Soc heads for Pakistan crisis meeting - 23 January
The Law Society is set to meet Pakistan
's High Commissioner to call for the release of lawyers and judges imprisoned in the country. Representatives from the Bar Council and the Association of Muslim Lawyers will also be present at the meeting next week. The three organisations are leading calls for the Pakistani government to reinstate members of the legal community jailed in the recent constitutional crisis. - The Lawyer website

Scotland

Accountants and lawyers to join forces north of the border? - 22 January
The Office of Fair Trading (OFT) first called for lawyers and accountants to be allowed to work in partnership six years ago, but despite assurances the Law Society would be given sole responsibility for all parties, its practice rules continue to forbid its members from working in multi-disciplinary parterships (MDPs). However, a new ruling form the OFT has prompted the Institute of Chartered Accountants of Scotland (ICAS) to launch a Scotland-specific campaign backing the proposed "one-stop shop" this week. Pending a super-complaint last year from consumer group which? about restrictions and access in the Scottish legal profession, the OFT has again weighed in on the side of the MDP. Following Sir David Clemanti’s review of the legal services in England and Wales in 2004, many insiders believe the English MDP is inevitable, although it is expected to take at least another four to five years before it arrives. - AccountingWeb website

United Kingdom

One year on : lawyers remain unconvinced of SRA potency - 24 January
After 12 months of operation, senior transactional lawyers still feel detached from the Solicitors Regulation Authority (SRA) despite risk and compliance heads' assertion that the body has been giving City firms more attention. New week (29 January) will mark the one-year anniversary of the Law Society's separation of its representative and regulatory arms, a move that created the SRA. Since then, City firm general counsel and compliance heads say the organisation has been more in touch with the profession. - legalweek website


South Africa

Arms and Ammunition

Africa's leading explosives firm fighting back on several fronts, but Chinese imports still hurting - 25 January
Africa's largest explosives producer, AEL, will go to court late next month in a bid to seek an order compelling the International Trade Administration Commission (Itac) to complete its abandoned probe into a claim by the group that Chinese-made shock-tube explosives systems are being dumped into South Africa. The company laid its initial complaint in 2004, but failed to show "material damage", which it sought to then detail in a 2005 submission. But Itac subsequently set aside the second application in 2006, on what AEL views as a "technicality". - Creamer Media's Engineering News website

Criminal Justice System

Pilot project reports reduction in court backlogs - 22 January
A KwaZulu-Natal pilot project that has proven to drastically reduce court backlogs and overcrowding in prisons may be rolled out countrywide if the government comes to the table with funding, the Department of Justice and Constitutional Development said on Tuesday. The department's regional head, Bridgette Tshabalala, was speaking in Phoenix, north of Durban, during a presentation on findings of the joint 18 month-long Justice and Restoration Project (JARP), which was initiated in September 2006. - Mail & Guardian website

Pilot project reports reduction in court backlogs - 22 January
A KwaZulu-Natal pilot project that has proven to drastically reduce court backlogs and overcrowding in prisons may be rolled out countrywide if the government comes to the table with funding, the Department of Justice and Constitutional Development said on Tuesday. The department's regional head, Bridgette Tshabalala, was speaking in Phoenix, north of Durban, during a presentation on findings of the joint 18 month-long Justice and Restoration Project (JARP), which was initiated in September 2006. - Mail & Guardian website

Restorative justice gives closure to victims - 22 January
At least 79 percent of the cases referred to the Phoenix Justice and Restoration Project by courts, have been successfully resolved without the need to be processed through the criminal justice system. This form of justice has been hailed by human rights organisations as a method which gives closure and restores dignity to victims, communities and the accused. - allAfrica website

Education

23 January 2008
Report on George Cato – MEC intervenes
SA Government Information website

Environment

Climate change mitigation study in 'final stretch' - Van Schalkwyk – 18 January
South Africa's long-term mitigation scenario (LTMS) study, regarding climate change, which would inform future policy decisions, is now in its "final stretch", Environment and Tourism Minister Marthinus van Schalkwyk told delegates at a climate change round table discussion in Cape Town, on Friday. Once the LTMS study is finalised, which was said to be imminent, it will be submitted to Cabinet, where it, together with work on sectoral strategies, the greenhouse-gas inventory, national communications to the United Nations, and South Africa's adaptation planning, will be used as a reference to inform the deliberations towards a legislative package, which would give effect to South Africa's policy at a mandatory level. – Creamer Media's Engineering News website

Health

9 January 2008
Private hospital tariffs must not impair the right of access to healthcare
SA Government Information website

Land Affairs and Property

Take advantage of tax incentives - 25 January
Investors who purchase commercial or residential property from a developer within a proclaimed Urban Development Zone (UDZ), and subsequently let it out at market rates, may write off a portion of the purchase price against income. Provided certain conditions are met, the so-called 'UDZ allowance' therefore offers potential investors an important incentive to purchase properties in these areas. This is the view of Nate Taylor of Lew Geffen Sotheby's International Realty who says that the tax incentive was introduced by government as a means of stimulating re-generation in areas suffering from urban decay. - Cape Business News website

Land Claims and Expropriation

Good intentions reap a bitter harvest on the lowveld - 25 January
On now-deserted farms transferred to land-claims beneficiaries between five and two years ago, which Business Day photojournalist Martin Rhodes and I visited in Trichardtsdal, we found scene after scene of destruction. These were not farms where production had simply been halted as a consequence of land claims and neglect had taken its toll ; these farms had been destroyed beyond redemption. Kobus Pienaar of the Legal Resources Centre, which has been involved in recent national reviews of land reform in SA, says the government must shoulder some of the blame. "The (failure to) undertake prehandover planning and implementation steps (before physical settlement) by the government is undoubtedly the main and foremost reason for major problems within community land claim cases where agricultural land has been restored," Pienaar said. - Business Day website

ANC to crack land expropriation whip - 22 January
About one in three farms must be redistributed over the next five years, and foreigners should face property restrictions with immediate effect. These are among the resolutions agreed at the ANC's recent conference (see link above). Also in the spotlight is "redundant" land belonging to state owned enterprises and municipalities. Instead of being sold off to developers for commercial, industrial and prime residential developments, ANC members have agreed that it must be transferred for low-cost housing. The use of land for "elite purposes" like golf estates will also be limited. - realestateweb website

State to take possession of expropriated farm - 21 January
The state will on Thursday take possession of a Limpopo farm that was expropriated after it was liquidated. The liquidators refused to bring down the price at which they were willing to sell the farm to the government. A notice of expropriation was in December served on Sechaba Trust, the liquidators of the citrus-producing farm named Callais. This followed the state's offer of R13,361-million, which was rejected by the liquidators who demanded an amount of R19-million. The farm will be handed over to Strategic Farm Management (SFM) as part of an interim caretakership arrangement, and later transferred to the Letebele, Mpuru and Maraba community. - Mail & Guardian website

Minerals and Energy

Eskom forces SA mines to stop mining - 25 January
South Africa's gold mines, and mining companies in other sectors, were instructed last night by electricity utility Eskom to shut their mines, possibly for up to two to six weeks. A letter signed by Eskom CEO Jacob Maroga said that key industrial consumers (KPI) had to reduce their power loads to "minimum levels". He added that Eskom could not guarantee power supply. In the letter, Maroga said the mines were required to "evacuate all underground staff" ; "suspend all surface and underground mining" ; but were allowed to keep essential services operating such as pumping and lighting. Mining companies would also be allowed underground if proto-teams were required to tackle fires. - miningmx website

Energy Risk Management Plan to be re-activated - 24 January
Western Cape MEC for Environment, Planning and Economic Development, Tasneem Essop, will be convening an urgent meeting with Eskom, the City, the private sector, organised labour and civil society on Thursday (24th January) to re-activate the Energy Risk Management Committee (ERMC) which was set up two years ago by the Premier, under her chairpersonship, to deal with outages being experienced in the province at that time. - Cape Business News website

25 January 2008
A National Electricity Emergency Programme
SA Government Information website

 

No thanks, says Eskom - 25 January
Instead of load shedding, Eskom could be buying power from private sector competitor, Independent Power Southern Africa. But the state-owned utility has refused to buy IPSA's power. Since September, IPSA has been generating up to 18MW of electricity, enough to supply the suburbs Eskom switches off for two hours at a time. The chief executive of IPSA, Peter Earl, said : "I haven't managed to get a satisfactory explanation from Eskom about this. Apparently, they say paying penalty clauses for load shedding is cheaper than buying from us". IPSA's plant in Newcastle, KwaZulu-Natal, South Africa's second privately-owned power station, converts waste heat from two large chemical plants into electricity. - Sowetan website

Ipsa inks power deal with SA govt, unveils plans for additional capacity - 25 January
Independent power producer Ipsa has signed an agreement with government's Central Energy Fund (CEF), for a key role as private sector power plant developer to the integrated energy project being developed at the Coega Industrial Development Zone (IDZ), in the Eastern Cape. Under the agreement, the company would install a 521-MW open-cycle gas turbine plant outside Port Elizabeth, and would look at constructing a further four plants with the same capacity and technology at a later stage. - Creamer Media's Engineering News website

Nuclear renaissance, electricity woes, SA defence looks global - 25 January
Our cover story gives a good deal of attention to the various nuclear developments that are likely to make headway during 2008, including the pebble-bed modular reactor demonstration programme, as well as the culmination of talks between power utility Eskom and the two shortlisted nuclear vendors, Areva and Westinghouse. - Creamer Media's Engineering News website

'You can sue Eskom' - 22 January
A legal expert has said that South Africans can successfully claim damages from Eskom for losses as a result of the wave of power failures. Johan Theron of lawyers Jan S de Villiers, said on Tuesday that in a report of the National Energy Regulator of South Africa (Nersa), it had been found the power failures from November 2005 to March 2006 in the Western Cape had been caused by "blatant negligence" in respect of procedures, maintenance and remedial actions, or a lack thereof. He said Eskom supplied electricity through a licence in terms of the Electricity Act 41 of 1987. - News24 website

Eskom bid to ration power use - 22 January
Eskom CEO Jacob Maroga said the rationing would be calculated using an average consumption less a specific percentage reduction. While Eskom has not 'crossed all the Ts' in terms of how people would be able to measure their electricity usage according to the quota, Maroga warned that anyone breaching the quota could have their power disconnected. - Dispatch Online website

SA's biggest power users agree to cut consumption by 10% to 15% - 21 January
Government-owned power utility Eskom has asked its biggest customers to reduce their electricity usage by between 10% and 15%, to prevent load shedding, CEO Jacob Maroga said on Monday. – Creamer Media's Engineering News website

Eskom to invite more cogeneration projects, hopes to fast track some - 21 January
Africa's biggest power producer, State-owned Eskom, will run another round of bidding for electricity cogeneration, after having received proposals for 5 000 MW in the first bidding process, a senior official said on Monday. This amounted to about one-eighth of the utility's current installed capacity, and these projects that got the go ahead would start contributing power to the grid around 2012. - Creamer Media's Engineering News website

18 January 2008
The South African Human Rights Commission (SAHRC) and the Public Protector to join forces in demanding answers from Eskom on the ongoing electricity crisis
SA Government Information website

Govt battling to comply with own legislation at derelict mines - 18 January
These days 'hazard' signs could well be erected alongside rivers and dams that were once the play places of children and the survival mechanism for many fauna and flora species. Unlike the days when river water was crystal clear and river sand snow white, green sludge and discoloration are currently the order of the day. The problem is that the State enforcement of water legislation is limited, owing to a lack of capacity in regulatory institutions to manage and control what is taking place at the mines, he says. – Creamer Media's Mining Weekly website

Plans to quench Gauteng's fuel thirst - 22 January
Transnet has announced plans to build a major petroleum storage farm in south Durban and a new 525 kilometres fuel pipeline from Durban to Johannesburg to meet Gauteng's thirst for petrol, diesel and jet fuel. The pipeline would be double the size of the existing one, and handle 24-billion litres a year. Depending on where the tank farm is built - either on top of the existing SA Air Force (15 Squadron) Base at Durban International Airport or at the Island View terminal in Durban Harbour - an extensive network of buried pipelines will have to be dug. If the plan is approved, digging and construction work will begin before the end of the year. - IOL website

Municipal Management and Procedure

Cape Town

A new era on the cards for Atlantis - 23 January
Up to 1 440 jobs are expected to be created for the desperately unemployed of Atlantis within the next two to four years, as the City of Cape Town gives the green light for the development of 40 hectares of industrial land. On Tuesday, 11 businesses bought 16 erven of land valued at nearly R27-million, with the strict proviso that they may not sell the land until it is developed. Failure to do so within the next two years will see the land returned to the city. They will do business in the areas of boat building, electrical engineering, textile manufacture, construction, mining and the automotive industry. - allAfrica website

eThekweni

Municipal rate hike proposal gets thumbs-down - 24 January
National government plans that would have ultimately led to the public cross-subsidising government rates to the tune of R3-billion have come up against a tide of opposition. Municipal executives who met on Wednesday have given national Minister of Provincial and Local Government Sydney Mufamadi's Rates Act proposals a collective thumbs-down. A general residential rate hike of 30.15%, and 3,47 percent increase for industry and commerce was predicted in the confidential council letter, which was sent to the South African Local Government Association by the eThekwini Municipality earlier this month. The letter strongly opposed the proposed new regulations in the Property Rates Act and detailed how ratepayers would essentially subsidise national government buildings. - IOL website

Heated debate about funeral costs - 23 January
Should Durban ratepayers be funding funerals and other ceremonies for Zulu traditional leaders? That was the question at the centre of a heated debate at the eThekwini Municipality executive committee meeting on Tuesday following revelations that Mayor Obed Mlaba and Municipal Manager Michael Sutcliffe approved R50 000 of council money to buy two cows and cover other expenses for the December burial of Inkosi Victor Mkhize. - IOL website

Nelson Mandela Bay

Residents lose their battle to halt plan for Lorraine growth - 25 January
Lorraine residents have lost their battle to stop the municipality from implementing a groundbreaking and controversial development plan for the burgeoning Port Elizabeth suburb. The full council yesterday approved the Lorraine local spatial development framework plan and lifted the moratorium placed on new developments. The moratorium was imposed in 2005 because of concerns that the infrastructure could not cope with the flood of residential development. - The Herald Online website

Task team on by-laws at the halfway stage - 24 January
A task team established by the municipality to rewrite some of its archaic by-laws, and in certain cases coming up with totally new ones, is nearly halfway in its task, as it has completed drafting 12 of the 22 by-laws to be promulgated. Three by-laws have already been promulgated – the roads, traffic and safety by-law, the fire and safety by-law and the disaster management by-law. The other nine, which are at various stages of preparation, are either first or second drafts. - The Herald Online website

Nelspruit

Nelspruit mayor to be charged? - 21 January
An independent commission of inquiry has recommended that criminal charges be laid against the mayor of Mpumalanga's capital city, Justice Nsibande, and the city's 2010 manager, Differ Mogale. The two men are accused of failing to declare their conflicts of interest in deals related to the 2010 FIFA World Cup stadium outside Nelspruit. Nsibande and Mogale are members of a tourism company, Blue Nightingale, which includes Terry Mdluli as a board director. Mdluli is chairperson of the Matsafeni Trust, which represents a community of farmworkers who sold their ancestral land, worth R60m, to the Mbombela local municipality for just R1 so that the 2010 stadium could be built on it. - News24 website

National Prosecuting Authority

18 January 2008
South African Human Rights Commission concerned about the ongoing spat between the National Prosecuting and the Police
SA Government Information website

Presidential Pardons

Ferdie Barnard applies for presidential pardon - 22 January
Former Civil Cooperation Bureau (CCB) operative and convicted apartheid assassin Ferdie Barnard is applying for a presidential pardon, the Daily Dispatch reported this week. The amnesty window for people applying for a presidential pardon for alleged political offences began last week and ends on April 15. - Mail & Guardian website

Scorpions

Scorpions told merger with Saps 'inevitable' - 24 January
The Scorpions are already being prepared for their controversial incorporation into the police - even before Parliament amends the National Prosecuting Authority (NPA) Act, and despite threats by opposition parties to challenge the move in the courts. - allAfrica website

Cabinet to study ANC's Scorpions decision - 22 January
The government will look at ways in which members of the Scorpions performing police functions can be absorbed into the police, spokesperson Themba Maseko said on Tuesday. The African National Congress (ANC) decided last weekend that members of the Directorate of Special Operations (Scorpions) performing police functions should be absorbed into the South African Police Service (SAPS) by June this year. - Mail & Guardian website

Outrage grows over bid to kill Scorpions - 22 January
There was a growing surge of opposition yesterday to the decision by the ANC national executive committee to incorporate the Scorpions into the SA Police Service by June, with political parties and analysts saying the move had serious political undertones.- The Herald Online website

South African Police Service

Watch out Crooks, new top cop could use the bones to nab you - 23 January
Will South Africa win the war on crime? For Acting National Police Commissioner Tim Williams, the answer may well lie in the throwing of the bones. The country's new top cop, who replaced embattled Jackie Selebi earlier this month, is believed to be a fully trained sangoma. - The Herald Online website

Taxation Matters

Tax Guide for Share Owners
SARS website

Time to liquidate? - 21 January
In terms of current legislation dividends from capital profits that pre-date the introduction of capital gains tax (CGT) in 2001, or from profits that pre-date the introduction of the secondary tax on companies (STC) in 1993 are exempt from tax when liquidating a company. – Cape Business News website

Miscellaneous

Free the content! - 22 January
South African open source apostle Mike Shuttleworth and Wikipedia co-founder Jimmy Wales have joined a call issued in Cape Town today for governments and publishers to make publicly-funded educational materials available freely over the Internet. Shuttleworth and Wales are pushing a "Cape Town Open Education Declaration" as part of "a dynamic effort to make learning and teaching materials available to everyone online, regardless of income or geographic location". - ITWeb website

Campaign launched to transform education - 22 January
A coalition of educators, foundations, and Internet pioneers has urged governments and publishers to make publicly-funded educational materials available freely over the Internet. The declaration has already been translated into over a dozen languages and the growing list of signatories includes: Jimmy Wales ; Mark Shuttleworth ; Peter Gabriel, musician and founder of Real World Studios ; Sir John Daniel, President of Commonwealth of Learning; Thomas Alexander, former Director for Education at the Organization for Economic Cooperation and Development ; Paul N Courant, University Librarian and former Provost, University of Michigan ; Lawrence Lessig, founder and CEO of Creative Commons ; Andrey Kortunov, President of the New Eurasia Foundation ; and Yehuda Elkana, Rector of the Central European University. - Computing SA website

See also http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/22/EDRTUJ346.DTL

Mystery luggage owner traced to Mauritius - 24 January
A Knysna land surveyor made a curious discovery just above the old dumping site at the Sedgefield River Mouth on Monday, when he found three new suitcases in the bushes. Pat Tarboton, fearing the owner of the luggage had come to a bad end, embarked on a wild goose chase of phone calls that eventually led him to locating the owner, Judi Chapman of Perth, Australia, in Mauritius. - The Herald Online website


Africa

Liberia

Liberians exhume the catalogue of horrors - 21 January
The day after the opening of the Taylor trial at The Hague, the Truth and Reconciliation Commission (TRC) has begun its public hearings in Monrovia. A first group of victims of the civil wars that devastated Liberia from 1989 to 2003, in which Charles Taylor played a central role, testified of the atrocities committed by all factions. - International Justice Tribune website
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I ate children's hearts, ex-rebel says - 22 January
Milton Blahyi, a former feared rebel commander in Liberia's brutal civil war, has admitted to taking part in human sacrifices as part of traditional ceremonies intended to ensure victory in battle. - BBC News website

Butt Naked returns to Liberia to confess - 21 January
One of Liberia's most notorious rebel commanders, known as Gen Butt Naked for charging into battle wearing only boots, has returned to confess his role in terrorizing the nation, saying he is responsible for 20 000 deaths. 37 year old Joshua Milton Blahyi, who now lives in Ghana, returned last week to face his homeland's truth and reconciliation commission. His nom de guerre is derived from his platoon's practice of charging naked into battle, a technique meant to terrify the enemy. Other former warlords, though, have refused to ask forgiveness, dismissing a commission many in Liberia see as toothless. Blahyi is urging other former killers to come forward as the country founded by freed American slaves in 1847 struggles to recover from past horrors. - Associated Press website

Rwanda

Rwanda in mass circumcision drive - 22 January
Rwanda has launched a campaign to encourage all men to be circumcised, to reduce the risk of catching HIV/Aids. A health minister told the BBC that soldiers, policemen and students would be asked to come forward first for circumcision. The UN World Health Organisation has said male circumcision reduces the risk of heterosexual HIV infection. But correspondents say it is rare in Rwanda where the majority Christian population do not practise it. Rwanda has successfully managed to lower the spread of Aids in recent years thanks to its HIV campaign. - BBC News website


Asia

India

Section 377 and the dignity of Indian homosexuals - 18 November 2006
This paper seeks to determine the extent and manner in which the proscription of "carnal intercourse against the order of nature" under Section 377 of the Indian Penal Code, 1860 makes criminals out of homosexuals. Article by Alok Gupta. - International Gay and Lesbian Human Rights Commission website


Australasia

New Zealand

Personality factors as predictors of persistent risky driving behavior and crash involvement among young adults - 26 July 2007
Key points : there is a higher incidence of persistent risky driving behaviors in young adult males than in young adult females ; personality characteristics are associated with persistent risky driving behaviors, and their potential outcomes, in young adult males ; for males, high levels of aggression are associated with being a driver involved in a crash ; high levels of alienation and low levels of traditionalism are associated with being a driver involved in an injury crash in young adult males. Paper by Pauline Gulliver and Dorothy Begg, Dunedin School of Medicine. - Injury Prevention website
Keyphrase :
Road-safety interventions


Europe

Czechoslovakia

That mushroom cloud? They’re just svejking around - 24 January
One Sunday, several months ago, early risers gazing at Czech Television's CT2 channel saw picturesque panoramas of the countryside, broadcast to the wordless accompaniment of elevator music. It was the usual narcoleptic morning weather show. Then came the nuclear blast. Across the Krkonose Mountains, or so it appeared, a white flash was followed by the spectacle of a rising mushroom cloud. A web address at the bottom of the screen said Ztohoven.com. Ztohoven, to no one's great surprise, turned out to be a collective of young artists and friends. Now half a dozen members of the group face up to three years in jail or a fine or both, charged with scaremongering and attempted scaremongering. The trial is set for March. Some Czechs expressed outrage over Ztohoven's action but in general it drew a mild, tolerant, even amused public response. The incident instead has highlighted an old Czech tradition of tomfoolery that is a particular matter of national cultural pride. - New York Times website

Environment

Call to abandon biofuels targets - 21 January
The EU should abandon its biofuels targets because they are damaging the environment, a committee of MPs says. - BBC News website

Italy

Property in Venice : pied-à-terres and palazzi - 23 January
With the advent of more frequent and cheaper flights, the number of tourists has risen while the number of resident Venetians diminishes (the figure has dropped by 50% in the past 60 years). The result is that there are approximately 240 tourists for every Venetian.  One way to overcome this problem is to join the gathering throng of foreigners who are buying second homes in Venice. It might not be everyone's idea of a holiday home destination - no one in their right mind would want to be there in August when the canals can get a bit whiffy - but the investment can pay off. Not only does it potentially open doors to Venetian society but the rise in tourist numbers coupled with the famously high price of hotel rooms is propelling demand for apartments to rent ; the city's buy-to-let market is shaping up to be rather profitable. - Country Life website


Middle East

Saudi Arabia

S Arabia eases laws on solo women - 22 January
The authorities in Saudi Arabia have decided to end a ban on unaccompanied women staying in the country's hotels. A woman can now stay in a hotel alone as long as she carries identification. Based on a royal decree, the move marks a break from religious codes requiring women to be accompanied by a male guardian at all times. The decree allowed the Ministry of Trade to outline new regulations simply requiring women to show photographic ID to hotel managers. - BBC News website


United Kingdom and Ireland

Banking

Darling unveils Rock rescue plans - 21 January
Chancellor Alistair Darling is to set out rescue plans for Northern Rock, which will pave the way for a private sector buy-out of the stricken bank. - BBC News website

Courts

Justice at last for family as wife-killer gets life - 25 January
A South African who boasted he could kill his wife in Ireland and only get a few years for manslaughter was jailed for life yesterday. Anton Mulder murdered Colleen Suzanne Mulder after telling a friend: "I am going to kill her. In this country it's easy. Five or six years jail and I'm still young when I'm out then". Mulder, who is originally from Durban in South Africa, was found guilty yesterday after a re-trial at the Central Criminal Court of murdering his wife at their home in Co Meath before Christmas 2004. - Independent website

Education

Cookery classes to be compulsory - 22 January
Cookery lessons are to be compulsory in England's secondary schools for children aged 11 to 14. Pupils will learn to cook for an hour a week for one term. Poorer pupils' ingredients will be subsidised. - BBC News website

Human Rights

How people smugglers were stopped - 21 January
One of the UK's biggest people-smuggling trials has come to an end, but it's only now, after the lifting of reporting restrictions, that details of the main players can be revealed. He boasted of having smuggled 6 000 people into the UK but detectives fear the real total could be far higher. Yusuf Mewaswala, who has been jailed for 10 years for breaching immigration law, was the leader of a gang that forged passports, bribed officials, created fake documents and made many thousands of pounds by smuggling people from India to the UK and North America, via South Africa. The scam involved villagers from the Gujarat region of India. First, they would travel to South Africa using their legitimate passports. Once there, they would be given fake South African passports and ID cards, obtained through a corrupt official the gang had bought off.Now the immigrants were ready to travel to the UK, knowing that no visa was needed for South African nationals. - BBC News website

Land Affairs and Property

Gated developments : a scourge on society? - 20 January
We live in strange times. No doubt you've read about the remarkable seven-bedroom mansion that has just sold for £35m in leafy Hampstead, north London. Yet, while there has been plenty of coverage about its interior, what hasn’t been so widely reported is that only the chosen few ever got to see it. Not only did prospective purchasers have to pay £1 000 for the privilege of reading its leather-bound brochure, they had to be vetted before being allowed in. Palladio, the home in question, sits in an exclusive gated cul-de-sac, and its high-roller neighbours are seriously protective of their private patch. Yes, this is an extreme example from the top end of the property market, but it demonstrates a growing trend : exclusion. - Times Online website

Miscellaneous

Clients of solicitor Lynn must now pay bank €2m - 24 JAnuary
A married couple who were clients of fugitive solicitor Michael Lynn were yesterday ordered to pay €2m to Bank of Ireland after the missing lawyer handled multiple mortgages for them in relation to a number of properties. In the first such legal action against Lynn's clients, Bank of Ireland Mortgage Bank secured judgments against Air Corps officer John Mulkearns and his wife Lorna Farrell, Dublin, in the Commercial Court yesterday. Bank of Ireland was told the loans advanced to the couple were to clear several existing mortgages with other banks, to repay Lynn €200 000 and to buy five properties in Bulgaria from Lynn's company, Kendar Holdings Ltd. But after following Law Society proceedings against Lynn, Bank of Ireland moved to have its loans repaid as it feared the couple would not be able to meet their repayments. - Independent website


United States

Company Law

Supreme Court rejects Enron case - 23 January
The US Supreme Court has rejected an appeal by Enron investors pursuing investment banks that put together financing deals for the energy trader. The justices refused to hear arguments in the $40bn (£20bn) class-action suit linked to the 2001 collapse of Enron. The banks were Merrill Lynch, Barclays and Credit Suisse First Boston. The rejection had been expected after a ruling last week in another securities fraud case that limited the ability of shareholders to pursue third parties. - BBC News website

Education

New York measuring teachers by test scores - 21 January
New York City has embarked on an ambitious experiment, yet to be announced, in which some 2 500 teachers are being measured on how much their students improve on annual standardized tests. The move is so contentious that principals in some of the 140 schools participating have not told their teachers that they are being scrutinized based on student performance and improvement. - New York Times website

Foreign Relations

US asking Iraq for wide rights on war - 25 January
With its international mandate in Iraq set to expire in 11 months, the Bush administration will insist that the government in Baghdad give the United States broad authority to conduct combat operations and guarantee civilian contractors specific legal protections from Iraqi law, according to administration and military officials. - New York Times website

Health

Proposed law would require tanning regulations in Michigan - 21 January
A prespring break trip to a tanning salon could soon come with some extra paperwork. A bill pending in the state House would strengthen existing health code requirements that customers under 18 get a parent's permission to get that manufactured golden glow. All customers regardless of age would have to sign a statement indicating they had read a written health warning upon their first visit, and signs noting the potential dangers of ultraviolet radiation would have to be posted. - mlive website

Labour Issues

The effect of minimum wages on wages and employment : county-level estimates for the United States - January 2008
We use county-level data on employment and earnings in the restaurant-and-bar sector to evaluate the impact of minimum wage changes on low-wage labor markets. Our empirical approach is similar to the literature that has used state-level panel data to estimate minimum-wage impacts, with the difference that we focus on a particular sector rather than demographic group. Discussion paper no.3300 by by John T Addison, McKinley L Blackburn [and] Chad D Cotti. - IZA website

Land Affairs and Property

Feeling misled on home price, buyers are suing their agent - 22 January
Agents representing buyers rarely had the opportunity to make mistakes during the last real estate boom, in the late 1980s, because the job hardly existed then. For decades, residential transactions almost always involved brokers who, whatever assistance they gave the buyer, legally represented only the seller. The defendant in the Ummel case which goes to trial in North County Superior Court on Monday is Mike Little, a veteran agent with ReMax Associates. He will argue that Marty Ummel, who brought the case with her husband, Vernon, is trying to shift the blame for the couple's own failures of research and due diligence. Real estate lawyers and brokers say the case is likely to be the first of many in which regretful or resentful buyers seek redress from the agents who found them a home and arranged its purchase. - New York Times website

New York Real Estate Lawyer's blog
http://www.nyrealestatelawblog.com/

Minerals and Energy

EPSA's State of the energy industry - 18 January
John E Shelk, president and CEO of the Electric Power Supply Association (EPSA) today will discuss the important role of competitive suppliers in meeting the nation's future electricity needs. Shelk will speak on a panel on climate change and legislative and regulatory issues during the United States Energy Association's 4th Annual State of the Energy Industry conference at the National Press Club. - Electric Power Supply Association website

Taxation Issues

A $200-a-gram tax on cocaine - 23 January
Among the hundreds of proposals contained in Gov. Eliot Spitzer’s second executive budget, which he unveiled on Tuesday in Albany, is a provision that would impose a $3.50-a-gram tax on marijuana and a $200-a-gram tax on other illegal drugs, like cocaine. - New York Times website


International

Environment

How traffic pollution damages the heart - 26 January
Living close to a busy road can damage your heart - and now we're closer to understanding why. Previous studies had suggested that people living in polluted areas are more at risk of heart disease. It now seems that a greater hazard may be posed by so-called "ultrafine" particles. The latest study in mice has shown that they clog up arteries with fatty atherosclerotic deposits, and chemically alter "good" cholesterol, or high-density lipoprotein (HDL) cholesterol, reducing its beneficial effects. - New Scientist website
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Finance

Regulators poised to slap financial markets in handcuffs - 25 January
Any banker, trader or investor asked to invent the perfect market environment for creating wealth beyond the wildest dreams of avarice would come up with conditions akin to those of the past decade. So what went wrong? The financial community, through greed, stupidity and hubris, has fouled its own sandpit. - Mail & Guardian website

Labour Issues

Global labor market : from globalization to flexicurity - 2008
The effects of globalization on employment justify augmenting the fundamental principles articulated in the ILO's 1998 Declaration by including a global goal of decent work with a living wage. Adding the principle of decent work with a living wage can help keep labor law relevant because it can be the organizing principle for an array of unions and other groups interested in worker welfare to push for its implementation as a matter of international, regional and national law. Article by Michael J Zimmer. - Social Science Research Network website

Land Affairs and Property

Who owns the moon? - 19 January
The prospect of large-scale commercial space travel is music to the ears of Dennis Hope, who has been anticipating this era for more than a quarter-century. The Nevada-based entrepreneur  is the founder and self-proclaimed "Head Cheese" of Lunar Embassy, an online portal that parcels out moon land for less than it costs to stay overnight at a Motel 6. For $19.99, Hope's pie-in-the-sky sales pitch promises that you too can snap up your very own one-acre lunar plot. Until a couple of years ago, no one paid much attention to Hope. With crude oil nearing $100 a barrel, entrepreneurs focused on petroleum alternatives are looking at the green cheese in a whole new light. - Salon website


United Nations

Global E-Government Survey 2008
From E-Government to Connected Governance assesses the e-government readiness of the 192 Member States of the UN according to a quantitative composite index of e-readiness based on website assessment, telecommunication infrastructure, and human resource endowment. ICTs can help reinvent government in such a way that existing institutional arrangements can be restructured and new innovative arrangements can flourish, paving the way for a transformed government. - United Nations website

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

 Vacancies
Conveyancer : Professional Assistant
Barbara M Nair

Qualifications

BProc (University of South Africa, 2001)

LLB (University of South Africa, 2003)

LLM (Environmental Law). (University of KwaZulu-Natal, 2005)
(Research topic for dissertation Achieving environmental justice in post-apartheid South Africa with particular reference to legal and policy instruments

Experience

University of KwaZulu-Natal. Environmental Law Association under the direction of Prof Michael Kidd (2004)

Served Articles at J Leslie Smith & Co (2005-2007)

Organisation of Outreach Programmes for Orphaned Children under the umbrella of the Place of Refuge, Durban (1996-present)

Contact

Telephone : 033-396 2624
Email :
BMnair7@gmail.com


Department of Justice
Administrative Officer, Magistrate Mahlabathini
Position 08/05/KZN
Closing date : 1 February 2008
Details at
http://www.doj.gov.za/vacancies/2008Vacancies/KZN-08-005.pdf
Chief Administration Clerk, Magistrate Vulamehlo
Position 08/04/KZN
Closing date : 1 February 2008
Details at
http://www.doj.gov.za/vacancies/2008Vacancies/KZN-08-005.pdf
Administrative Officer, Magistrate Pietermaritzburg
Position 08/03/KZN
Closing date : 1 February 2008
Details at
http://www.doj.gov.za/vacancies/2008Vacancies/KNZ-08-003.pdf

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

 Last Thought
Quote of note
 

"We always feared where dad was going to take us
in the upcoming school holidays
"


Peter Hillary,
son of Sir Edmund Hillary,
speaking at his father's state funeral

 


Sir Edmund Hillary
20 July 1919 - 11 January 2008
Reached summit of Everest 29 May 1953
 

Image : New York Times website

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

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