The course is particularly aimed to assist members and staff from firms which participate in the Reform Audit Support System, but all firms are invited to send delegates to enhance professional accounting standards generally.

Dates and Venue

08:30-16:00

12 and 13 February 2008

KwaZulu-Natal Law Society
Durban Conference Centre
Eleventh Floor, Salmon Grove Chambers
407 Smith Street
Durban

Presenter

Dirk Vercuil
Manager : Business Development, KZNLS
Writer : Practice management column, De Rebus (2001-2005)
Practice management instructor, co-writer and editor : Attorney's Bookkeeping 2005, LSSA LEAD

Reform Audit Support System (RASS) Co-presenters

Sharry Dayanand
Acting Head : RASS

Sandile Mlotshwa, Reshma Krishnan, Swikaar Maharaj, Ntuli Mfobo
Inspectors : RASS

The KZNLS reserves the right to cancel a seminar should the number of delegates not justify the costs involved.

235 firms currently participate in the project.

Entries will be accepted on a first come first served basis, subject to preference being given to attendees from volunteering firms.

The training is subsidised by the Attorneys Fidelity Fund

Content

▪ Introduction (trust and business concepts
▪ Accounting records, systems and procedures
▪ Receipting and depositing of moneys
▪ Cash books
▪ Clients' trust and business ledgers
▪ Private ledgers
▪ Fees journals, transfer journal and procedures
▪ List of trust creditors and trial balance
▪ Section 78 of the Attorneys Act
▪ Relevant KZN Law Society Rules and Rulings
▪ Trust investments (S78(2), (2A) and R17)
▪ Reform Audit Support System (RASS)
▪ Trust interest, bank charges and accountants' fees
▪ Electronic banking guidelines
▪ VAT
▪ Correspondent transactions/accounts

Outcomes

Registration

Attendance free

Volunteers for the RASS programme will be given preference and only a limited number of entries may be accommodated

Morning and afternoon tea/coffee and a light lunch will be served.

Please complete a separate registration form (http://www.lawsoc.co.za/pracman/workshops_2008/kznls_workshops_rass_bookkeeping_2008_02.doc) for each delegate.

Forward the completed registration form to Melissa Siebert
Email : rass@lawsoc.co.za
P O Box 1454, Pietermaritzburg 3200
Docex 25, Pietermaritzburg
Telephone : 033-345 1304
Fax : 033-345 1311

Although there is no general closing date, enrolment at least three working days (ie by close of business [16.30] on 7 February 2008) prior to a course will enable the KZNLS to timeously duplicate the course material.

The Law Society of South Africa (LSSA) calls on the parties involved in the election dispute in the Republic of Kenya to work speedily to restore the rule of law and the human rights and dignity of the people of the country.

'The election process at the end of December and the ensuing disputed outcome which have led to the widespread political violence and abuse of human rights are of grave concern. We call on the Kenyan leadership to heed the calls of the people and reach a settlement which will restore peace, security and justice in this once-stable East African country,' say LSSA Co-Chairpersons David Gush and Henry Msimang.

The LSSA lauds the efforts by the international community to assist the Kenyan leadership in reaching a settlement, particularly the mediation efforts of former United Nations Secretary-General Mr Kofi Annan and Ms Graça Machel under the auspices of the African Union, among others.

The Chairperson of the LSSA's Human Rights Committee, Vincent Saldanha, says : 'The LSSA calls on law societies and bar associations in the region to support the progressive lawyers' organisations that are working in the mediation process in Kenya. He added : 'Lawyers have a critical role to play especially in times of such grave conflict. We support the efforts of the Law Society of Kenya and the East African Law Society in their endeavours to assist in securing a just peace in Kenya'.

The LSSA also adds its voice to those of the SADC Lawyers Association and the International Bar Association which recently called for the restoration of democratic rights and the rule of law in Kenya, and for those who have committed crimes and atrocities against the Kenyan people to be held accountable and brought to justice.

ssued on behalf of the LSSA Co-Chairpersons and the Human Rights Standing Committee by : Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-362 1729 or 083 380 1307
E-mail : barbara@lssa.org.za
Website: www.lssa.org.za

During November 2007, the Conference of Registrars held their annual meeting and discussed problematic issues pertaining to conveyancing and notarial practice. At the said conference, approximately 50 resolutions were taken which have a direct impact on the day to day preparation of deeds and documents.

The speaker will elaborate on the resolutions in order to assist you in your conveyancing practice and to prevent unnecessary registration of deeds and documents.

Presenter

Allen West
Deputy Registrar of Deeds, and author of LEAD publication The Practitioner's Guide to Conveyancing and Notarial Practice

Dates and Venues

(09:00-13:00)

Attendees will receive 10% discount on purchase of The Practitioner's Guide to Conveyancing and Notarial Practice.

Purpose

Outcomes and Content

After attendance, participants should be able to prepare deeds more effectively to avoid rejection and delays from the deeds registry.

Who should benefit most?

All persons involved in conveyancing and notarial practice.

Registration Fees

Please fax registration form (online at http://www.lawsoc.co.za/pracman/workshops_2008/lssa_conveyancingupdate_2008.html) together with proof of payment. Payment must be made up front by credit card, cheque or direct deposit.

Cheques to be made payable to CLE

Forward the completed registration form to

Tamara Sihlangu
tamara@lssalead.org.za

or

Sharon Lee
sharon@lssalead.org.za

P O Box 27169, Sunnyside 0132
Docex 247, Pretoria
Telephone : 012-441 4600
Fax : 012-341 3784

Please complete a separate registration form for each delegate.

http://www.polity.org.za/attachment.php?aa_id=11036

Health Professions Amendment Act 29 of 2007

http://www.polity.org.za/attachment.php?aaid=11035

Public Service Amendment Act 30 of 2007

http://www.polity.org.za/attachment.php?aa_id=11034

Traditional Health Practitioners Act 22 of 2007

http://www.polity.org.za/attachment.php?aa_id=11033

Regulations relating to the grading, packing and marking of maize products intended for sale in the Republic of South Africa
GNR 31/GG 30681/25-01-2008 *

Animal Identification Act 6 of 2002

Regulations : amendment
GNR 30/GG 30681/25-01-2008 *

National Health Act 61 of 2003

Regulations regarding communicable diseases
GNR 27/GG 30681/25-01-2008 *

Independent Communications Authority of South Africa

Regulations on customer care standards and complaints handling procedure to be adhered to by the South African Post Office (SAPO) in terms of Clause 10 of the licence issued to SAPO in rendering the reserved postal services
GenN 140/GG 30690/23-01-2008 *

Labour Relations Act, 1995

Correction notice
National Bargaining Council for the Clothing Manufacturing Industry : Extension to non-parties of National Main Collective Re-enacting and Amending Agreement
GNR 28/GG 30681/25-01-2008 *

Correction notice
National Bargaining Council for the Clothing Manufacturing Industry : Extension to non-parties of the Provident Fund Collective Amending Agreement for the Western Cape Region
GNR 29/GG 30681/25-01-2008 *

South African Qualifications Authority

Announcement of intention to extend the accreditation of the Chemical Industries Education and Training Authority (CHIETA)
GN 32/GG 30680/25-01-2008 *

Announcement of intention to extend the accreditation of the Local Government Sector Education and Training Authority (LGSETA)
GN 33/GG 30680/25-01-2008 *

Announcement of intention to extend the accreditation of the Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)
GN 34/GG 30680/25-01-2008 *

Announcement of intention to extend the accreditation of the Tourism, Hospitality and Sport Sector Education and Training Authority (THETA)
GN 45/GG 30680/25-01-2008 *

Announcement of intention to extend the accreditation of the Wholesale and Retail Sector Education and Training Authority (W and R SETA)
GN 46/GG 30680/25-01-2008 *

South African Schools Act 84 of 1996

National norms and standards for school funding
Call for comments on the draft amended paragraphs in the national norms and standards for school funding
GenN 138/GG 30685/24-01-2008 *

149,3
http://www.statssa.gov.za/publications/statsLoadingShortVersion.asp?PPN=P0141&SCH=4089

Source : Collen

*	Source : Mary

State steps up battle with De Beers  - 30 January
The government has taken its battle with mining giant De Beers to the Supreme Court of Appeal, lodging an application for leave to challenge a Bloemfontein High Court ruling last month in favour of De Beers on the control of diamond mine dumps said to contain diamonds worth billions at the Free State's Jagersfontein mine. The move will see the continuation of the battle over the tailings dumps that began last year when De Beers approached the Bloemfontein High Court for a review of a prospecting right granted to black empowerment company Ataqua Mining to mine the Jagersfontein tailings dumps, created by De Beers mining activities dating from 1871. - Business Day website

Bellville

Magistrate throws the book at 'trained con artist' - 29 January
Stephen Rosen, described in court as a "trained con artist," was on Tuesday effectively jailed for six years on 101 charges of fraud and theft and three of unlawfully acting as an attorney and advocate. Because he had 32 previous convictions for fraud, he was warned he would be declared a habitual criminal if again found guilty of any offence involving dishonesty. - Mail & Guardian website

Police sued for R17,6m - 28 January
Fred van der Vyver, acquitted of the murder of his girlfriend, Inge Lotz, at the end of a long, highly publicised trial last year, is suing the state for more than R17,6-million for malicious prosecution, pain, suffering and loss of income. Papers declaring his intention to claim compensation were served on the state attorney in Cape Town and the office of provincial police commissioner Mzwandile Petros, as representatives of the Ministry of Safety and Security, on Friday. - IOL website

Fidentia Case

Fidentia : how deep was Bowman's involvement? - 29 January
Bowman Gilfillan, one of South Africa's premier law firms, stands accused of money laundering. The allegation is contained in a 31-page complaint made by former Fidentia director Rudi Bam to the Cape Law Society. Bam was possibly the first whistleblower in the Fidentia scandal. It is already no secret that Bowman counted Fidentia among its clients, and helped fend off a Financial Services Board (FSB) investigation into the crooked financial services group. - Moneyweb website

29 January 2008
(295/06) [2008] ZAECHC 3
Spoornet, a Division [of] Transnet Limited v T A Construction Limited and Others

23 January 2008
(2508/07) [2008]
Singapi v Mazwai and Others

17 January 2008
(3708/06) [2008] ZAECHC
Collier v Road Accident Fund

24 January 2008
(2002/06) [2008] ZAKZHC 4
Raghavjee v Minister of Safety and Security and Others

23 January 2008
(2483/07) [2008] ZAKZHC 3
Magudu Game Company (Pty) Ltd v Mathenjwa N.O and Others

23 January 2008
(3408/07) [2008] ZAKZHC 2
Botha NO v Deetlefs and Another

1 January 2008
(AR 237/2007) [2008] ZAKZHC 1
Maharaj v National Horseracing Authority of Southern Africa

31 January 2008
4720/2007
Salt of the Earth Creations v Stuttafords Stores (Pty) Ltd)
Marked Not Reportable

30 January
(35741/2003) [2008] ZAGPHC 23
Botha v Road Accident Fund
Marked Not Reportable

30 January 2008
(2007/17113) [2008] ZAGPHC 22
Mans v Minister van Korrektiewe Dienste en Andere

30 January 2008
(20538/05) [2008] ZAGPHC 21
Van Heerden v Minister of Safety and Security
Marked Not Reportable

29 January 2008
(39354/06) [2008] ZAGPHC 20
Smit v Cedex Investments (Pty) Ltd
Marked Not Reportable

29 January 2008
(21612/2005) [2008] ZAGPHC 19
Mojiki v Road Accident Fund
Marked Not Reportable

29 January 2008
(60/06/01) [2008] ZAGPHC 18
Nilsen v Vodacom Services Provider Company (Pty) Ltd and Another

28 January 2008
(34796/2005) [2008] ZAGPHC 16
Mohlabeng v Minister of Safety and Security
Marked Not Reportable

24 January 2008
(2261/2007) [2008]
Engineering Council of South Africa and Another v City of Tshwane Metropolitan Council and Another

24 January 2008
(819/2004) [2008]
Mabena and Others v Minister of Safety and Security and Others
Marked Unreportable

22 January 2008
21974/2005
Rall v University of South Africa
Marked Not Reportable

Saambou Case

Saambou 'did not comply with Companies Act' - 31 January
The Pretoria High Court heard yesterday how two schemes established by Saambou to give incentives to managers did not comply with the Companies Act and ended up exposing the company to bad debt of about R150m. KPMG partner Johan van der Walt, who assisted the Scorpions in their investigation into the collapse of the bank, told the court how the schemes had not considered the risk to the company and did not make separate disclosures about the schemes in the financial statements of Saambou Bank and Saambou Holdings, as required by law. - allAfrica website

Auditor explains findings in Saambou case - 39 January
The same forensic auditor who testified in the corruption trial of Schabir Shaik on Tuesday took the stand in the Pretoria High Court trial of two former senior Saambou Bank officials. KPMG auditor Johan van der Walt, who assisted the Directorate of Special Operations in their investigation into the collapse of the bank, started the arduous process of explaining his complex investigation and eventual findings to the court. His investigation culminated in a 6 000-page forensic report, contained in seven separate volumes - and a decision in 2005 by the National Prosecuting Authority to institute criminal charges against senior bank officials. - IOL website

Saambou senior officials in court - 28 January
One of the most complex insider trading trials ever in South Africa, involving the collapse of Saambou Bank six years ago, commenced in the Pretoria High Court on Monday when two of the bank's senior officials pleaded not guilty to 13 charges. Saambou's former director for personal banking, Charles Edwards and Gerhardus De Clercq, who was the general manager of Saambou Bank's group finance and later of strategic alliances, pleaded not guilty to ten charges of fraud, one of theft and two of contravening the Companies Act, involving about R640-million. Edwards and De Clercq's co-accused, former chief executive director of Saambou Bank and Saambou Holdings, Johan Myburgh, died of cancer in December last year. - IOL website

25 January 2008
(80/07/01) [2008] ZAGPHC 15
Sailing Queen Investments v Occupants La Colleen Court

Chilling glimpse into 'Jeppestown Massacre' - 31 January
For 19 months, photographs of the Jeppestown bloodbath lay hidden in police dockets and court files - but today it's clear why the June 25 2006 shootout was dubbed a massacre. Some of the 1 000-odd images presented to the Johannesburg High Court on Wednesday are too grisly to publish, but they tell the real and frightening story of a raid gone very wrong. The much-awaited trial of the "Jeppestown Massacre 13" began on Wednesday after a two-day delay. All the accused pleaded "not guilty". This means the trial - set down until the end of March - is likely to run its full course. The 12 men and one woman face various charges of robbery, murder, attempted murder, and being in possession of unlicensed and illegal firearms. All but one accused exercised their right to remain silent. - IOL website

Bag handlers go to court to retain licence - 28 January
Airport logistics provider Equity Aviation goes to court tomorrow in a last-ditch bid to prevent Airports Company SA (Acsa) from terminating its services at all of SA's airports at the end of next month. Equity Aviation, which says it has invested in a fleet worth more than R850m and employs 3000 casual and permanent employees, is asking the Johannesburg High Court to recognise a 2001 contract, which it says extends Equity's licence until 2011, or to grant an order extending its contract until Acsa selects a third licence operator. - allAfrica website

Nelspruit

Car smuggler gets R10 000 fine - 29 January
A Mozambican man was convicted on Tuesday for trying to smuggle a hijacked car out of South Africa through the Lebombo border post in Mpumalanga. Adelina Novela was sentenced to a fine of R10 000 or two years in prison in the Nelspruit Regional Court. He was given an additional sentence of two years in jail, which was suspended for five years on condition he is not convicted for the same offence again. He opted to pay the fine in instalments of R500 a month, starting at the end of January. - News24 website

Randburg

Selebi gets next court date - 1 February
National Police Commissioner Jackie Selebi was charged on three counts of corruption and one of defeating the ends of justice in the Randburg Regional Court on Friday. He also faced an alternate charge of receiving an unauthorised gratification "by a person who is party to an employment relation". Selebi was not asked to plead, but his lawyer Jaap Cilliers said he intended pleading not guilty. - IOL website

Grahamstown

E Cape man sentenced for damaging court property - 28 January
An Eastern Cape man has been sentenced to a year's imprisonment, suspended for five years, for throwing a brick through a window of the Grahamstown High Court. He says this punishment is nothing compared to that meted out to the people of Glenmore, an impoverished settlement created via forced removals by the apartheid government. He says he threw the brick to highlight their 30-year plight. - SABC News website

Newcastle

30 January 2008
Statement on the court ruling regarding the denial of burial rights to the Kubheka family
SA Government Information website

Excerpt :
"The MEC for Agriculture and Environmental Affairs in KwaZulu-Natal Honourable Mtholephi Mthimkhulu has noted the ruling of the Newcastle Magistrate's Court on the matter regarding the continuing burial saga involving the Kubheka family residing at the Donkerhoek Farm in Normandien outside Newcastle which has been denied the right to bury its deceased relative, the late Anton Samuel Kubheka . . ."

Milk price-fixing prosecutions to start - 30 January
Prosecution procedures into alleged price-fixing by certain South African milk producers will begin next week, the Competition Commission said on Tuesday. Eight dairy companies investigated for alleged price-fixing will be involved in pre-hearings next week, said the commission's head of enforcements and exemption, Thulani Kunene. In 2006 the Competition Commission referred a cartel case against Clover Industries, Clover SA, Parmalat, Ladismith Cheese, Woodlands Dairy, Lancewood, Nestle Sa and Milkwood Dairy to the Competition Tribunal. - IOL website

Statements and Speeches

29 January 2008
North West to benefit from relations with India

24 January 2008
Labour Department to resume probe of KwaZulu-Natal manganese poisoning
Keyphrases :
Assamang
Cato Ridge
Manganese poisoning

23 January 2008
Update on income tax returns and assessment process

Committee Minutes

Arts and Culture Portfolio Committee

9 January 2008
2010 World Cup and Social Cohesion : Department briefing
Keyphrase :
2010 FIFA World Cup

Draft Companies Bill

Life about to get hotter for directors - 29 January
Life for errant directors is about to get a whole lot hotter once the draft Companies Bill, intended to overhaul the Companies Act of 1973, is finally enacted in 2010. The ramifications of reckless behaviour in the boardroom can have catastrophic and far-reaching impacts, as shown by the collapse of Enron, Tyco, Worldcom and other corporate titans. The failure of these businesses destroyed billions of dollars in shareholder value, not to mention the misery visited on employees, suppliers and shareholders. - allAfrica website

National Credit Act

Do Sections 90 and 127 of the National Credit Act affect the High Court's jurisdiction? - 9 January
In a recent judgment of the full bench in the High Court of South Africa (TPD) the issue of whether the NCA ousts the jurisdiction of the high court, and consequently also the jurisdiction of the registrar to deal with applications for default judgment falling under the NCA was considered (1). Article by Armando Aguiar of Bowman Gilfillan. - itinews website

South Africa

Law fraternity move to tackle touting advocates - 27 January
A showdown is looming between law firms and advocates who engage in illegal practices by appearing in court without first being instructed by attorneys. The country's Law Societies and Bar Councils aim to take firm action against the practice of touting after the Cape High Court suspended an advocate last year for 18 months. Since then both bodies have tried to clamp down on counsels who appear without being solicited by lawyers. Law Society of South Africa criminal law chairperson William Booth said many advocates were getting away with the illegal practice as no one was reporting them. He said some of the independent advocates (who are not members of the Bar Council) tout for their potential clients in courts, prisons and holding cells. According to Bar Council rules, an advocate cannot appear in court without being instructed by an attorney. - Dispatch Online website

Canada

Toronto lawyer fined in cheating scandal - 28 January
A Toronto lawyer was recently fined $10 000 by the Law Society of Upper Canada for selling course work to a York University MBA student for "thousands of dollars". Shane Smith was reprimanded by a law society hearing panel last month for conduct unbecoming a student licensee. He was given one year to pay the fine and an additional $1 000 in costs. According to an agreed statement of facts, Smith acted contrary to parts of the Law Society Act when, while he was an articling student, he "provided and sold papers, which he and another student member had researched and written, to M, who was then a student in the MBA program at York University's graduate school of business, with the knowledge that the papers would be submitted to the graduate school of business as M's work". - Law Times website

New Zealand

Justice is served with statue sale - 29 January
The sale of a life-sized statue of Lady Justice has raised more than $600 for cancer research. The gold-painted plaster statue was auctioned on TradeMe by the Waikato-Bay of Plenty District Law Society. The statue was made in 1969 for the New Zealand Law Society's centennial conference in Rotorua but had sat in storage for the past seven years. Executive officer Benedict Ryan said the society decided to sell the statue after several Hamilton law firms approached them asking to buy it. The society is moving offices at the High Court in Hamilton and has given away more than 1000 archived law books as well as disused furniture, raising about $400 in donations. All the money will be donated to breast cancer and prostate cancer research. - Stuff website

Scotland

Law chief leaves post - 26 January
The chief executive of the Law Society of Scotland is to leave the post after 11 years, it was announced yesterday. Douglas Mill, 57, will continue as chief executive until he leaves in October. Mr Mill said : "It has been a time of much change and there is a great deal more to come. I wish the society all the very best for the future and look forward to seeing it continue to thrive". - The Herald website

Contracts

The constitutionality of a time-limitation clause in a contract - 24 January
Barkhuizen v Napier 2007 (5) SA 323 (CC)
Barkhuizen argued that the time-limitation clause was unconstitutional and unenforceable because it violated his right under section 34 of the Constitution of the Republic of South Africa Act, 1996 ('the Constitution') to have the matter determined by a court. Article by Ina Meiring of Werksmans Attorneys - itinews website

Cyberlaw

1200 more IT jobs if SA can combat piracy - 27 January
South Africans can create 1200 information technology jobs over the next four years if they stay away from software piracy. Large companies are licence compliant while small businesses have often been caught out with pirated software. A study by the International Data corporation covering 42 of the best markets in the world, revealed that South Africa could boost the amount of IT revenue from its current R60 billion per year to R66bn if piracy was brought down to 25% of total software usage. - Dispatch Online website

Economy

Rates hold steady but cuts unlikely in 2008 - 1 February
Households were spared yet another interest rates increase yesterday but the Reserve Bank remains committed to bringing inflation back under the 6percent mark, its governor, Tito Mboweni, said. This means that rate cuts this year are unlikely - in fact, more belt-tightening is on the cards. - The Times website

Education

Discrimination against albino learner denied - 31 January
The Western Cape department of education has denied allegations of discrimination against Siphokazi Maqungqulu, an albino girl from Khanyolwethu High School in Strand. The Grade 9 school girl received a transfer from the school this week after failing the grade for the second time. She said some teachers had discriminated against her to keep her marks down for the past two years. However, the department said the girl "did not meet the requirements for promotion in grade 9 in 2006 and again in 2007". The Human Rights Commission is investigating the incident. - IOL website

Environment

Sunflower power for Free State town - 30 January
The Moqhaka local municipality in northern Free State - which includes Kroonstad - is to build a R350m biofuel power station in partnership with the renewable energy company Bio-Energy Africa, in an effort to avert power cuts in the area. The project has two phases. The municipality would first bring back on line a 30MW old coal-fired power station in Kroonstad. The next phase would be the development of a 200MW biopower plant on the site. The power station would generate electricity using "leftovers" from sunflower plants. - allAfrica website

Report highlights safety threat to Durban rivers - 31 January
Several Durban rivers are polluted with health-threatening levels of E. coli bacteria, sometimes at levels hundreds of times over the recommended safety limits for drinking, washing, swimming or canoeing, the Mercury reported on Thursday. The eThekwini municipality has been singled out as one of the "most significant" polluters of some rivers because of the failure to repair burst sewer lines and poor management at some waste-water treatment plants. - Mail & Guardian website

Dusi organisers work to improve water quality - 29 January
Widespread media attention over the health risks associated with paddling the Hansa Powerade Dusi Canoe Marathon has resulted in the appointment of a consultant to oversee actions to be taken in order to make the race safer for canoeists. "To this end we have appointed Dave Still, chairperson of the Dusi Umgeni Conservancy Trust (DUCT), as the only consultant on water quality. We will publish E coli counts as and when we get them on the official race website as we feel that paddlers can then make up their own minds as to whether they should paddle the race or not", said Cameron Mackenzie, chairperson of the organisers, the KwaZulu-Natal Canoe Club. - Mail & Guardian website

See also http://www.dusi.co.za/

Using culture to save wetlands - 26 January
Wetland conservation projects in South Africa have to take into consideration the culture, traditions and needs of local communities, according to Donovan Kotze of the University of KwaZulu-Natal. He believes that the key to proper wetland management lies within communities living in and around these wetlands. - Inter Press Service News Agency website
Keyphrase :
Mbongolwane Community Wetland Project

Health

25 January 2008
Statement by the Minister of Health at the meeting with Medical Schemes
SA Government Information website

Human Rights

'We don't want coloureds here!' - 30 January
A legal row over the sale of a Khayelitsha house has blown up into a racial war, with Khayelitsha residents stoning the home of a new "coloured" neighbour. After a protracted legal battle, teacher Adrian Adams was due to move into the house on Monday, but residents welcomed him with a stream of abuse, saying he belonged in Mitchells Plain and alleging that coloured people would bring tik into the area. Ownership of the house has been disputed for some time, with the previous owner, Nozibele Stamper, refusing to vacate the premises to make way for Adams. - IOL website

Insurance

Indemnifying a road transporter - 27 September
Public road transporters should tighten up their indemnity clauses if they do not want to be held liable for injury to passengers. This warning comes from Prè Prinsloo of Shepstone & Wylie Attorneys international transport and trade department following a recent decision by the Supreme Court of Appeal, who ruled in favour of a tourist who was injured while on a Drifters Adventure tour. - itinews website

Judiciary

Judicial independence under scrutiny - 25 January
High-profile criminal cases involving senior South African officials have renewed fears among opposition parties and the legal community that judicial independence may be at risk in the post-apartheid era. President Thabo Mbeki's government has had a testy relationship with the judiciary since proposing legislation that would allow him to name some top judges and place court administration under the thumb of the Department of Justice and Constitutional Development. - Mail & Guardian website

Labour Issues

Contractors to be charged for 2004 Sasol blast - 30 January
While Sasol has been cleared from prosecution over a 2004 blast that killed ten people and injured 100 more at its Secunda plant, two of its contractors would be charged with culpable homicide, a trade union said on Tuesday, calling for the publication of a report on the incident. - Creamer Media's Engineering News website

Power outages : must employees be paid? - 29 January
Now that the country is facing a national crisis with ongoing power outages, we revisit the question about the entitlement of employees to full pay if their working hours have been reduced as a result of such outages. As the employer is not at fault, one might think that the employer should be able to reduce the employees' pay in proportion to the reduced working hours. But this is no simple matter. - LabourWise website

Incompatibility can be a valid ground for dismissal - 25 January
There is an implied term in every contract that employees will not cause disharmony or a breakdown of the employment relationship at the workplace. This principle is often forgotten by employees. It is important to understand that in cases of alleged incompatibility, the employer must make reasonable efforts to improve the strained interpersonal relationships, and must inform the employee of the type of conduct that is causing the disharmony - and always give the employee an opportunity to correct this conduct. - The Times website

Land Affairs and Property

SARS close up tax loophole - 31 January
A recent amendment to the Companies Act (1973) could help eliminate one of the loopholes in the current tax structure, says Tony Clarke, MD of Rawson Properties. Up to now, says Clarke, if buyers were thinking of avoiding paying transfer duty by taking ownership of a property through a company, this might have been feasible – but the new amendment will make it impossible. - Cape Business News website

Durban's billion rand Urban Development Zone success : SPU - 29 January
eProp website

Minister delaying Cape Town development, says Grindrod - 29 January
Public works minister Thoko Didiza is being accused by Cape Town city of delaying a much-needed expansion of the city's convention centre, which will cost R500 million. According to Simon Grindrod, the mayoral executive committee member for economic affairs and tourism, the minister is sitting on a decision to allow land adjacent to the convention centre on which the Customs House building - now unused - stands, to be leased or sold. Grindrod said that it appeared on the face of it that Didiza was refusing to make a decision that would lead to thousands of jobs being created in the local economy. - Business Report website

A fight for green spaces - 25 January
Residents of Cape Town's Green Point have been inundated with development issues, which have an impact on property values. The most pressing development issue facing Cape Town's Green Point suburb is the current construction of an "unsightly" five-storey apartment block along the Signal Hill treeline. James Loock, chairperson of the Green Point Ratepayers and Residents Association (GPRRA), says the title deeds of Braemar Estate specify that only a single dwelling may be built on each erf, and that a maximum of 50% of the land may be built upon, with the balance remaining as open green space. However, in 2006 the province, advised by the City of Cape Town, amended the title deed conditions of the erf to allow the construction of the flats, despite strong opposition from ratepayers. - Business Day website
Keyphrases :
Green Point Stadium
Removal of Restrictions Act

Jo'burg commits R171m to upgrade public areas - 30 January
The City of Johannesburg has started the R171-million public environment upgrade of Hillbrow, Berea and Yeoville, in central Johannesburg. The funds are part of the R300-million for the financial year allocated by the Johannesburg City Mayor Amos Masondo for inner city regeneration - one of the ways identified to create high-quality public spaces in an attempt to address the issues of urban regeneration and economic development in the inner city. Due to the fast-track nature of the project, five contractors are involved in the project, which will be completed by July. The scope of the upgrade work includes paving, landscaping, street lighting, street furniture, stormwater inlets, litter bins and public toilets, as well as upgrades to five parks. Safety and security is a key focus of the upgrade, but there would also be public art works displayed - an undertaking in conjunction with the Department of Arts, Culture and Heritage. - Creamer Media's Engineering News website

Recycled buildings give best return - 30 January
The return on investment when an old building is refurbished and recycled, in many instances taking on a new role as offices and/or shops, is in nine cases out of ten significantly higher than that on a new building, says Rory McKellar-Basset of McKellar-Basset Properties and one of the few Capetonians to have specialised in this type of development work. - Cape Business News website

Country hit by its first shortage of zoned land - 30 January
Greater competition for land between the private and public sectors is expected this year as a result of the urban boundaries that have been put in place, say property commentators. For the first time there is a shortage of zoned land in SA. - allAfrica website

Collective ruin - 31 January
It is extremely worrying that valuable farms are being plundered and ruined while they are in the care of the land affairs department, particularly because it defeats the government's land reform purpose of improving the lives of millions of rural people. The destruction of farms handed over to communities under the land restitution process in the export-fruit production area of the Limpopo lowveld has now reached such a scale that the interruption of production is threatening SA's tropical fruit exports and processing industries. It is clear, also, that it will take many years, even decades, to restore production on many of these high-tech intensive farms. - allAfrica website

Property owners enter "land grab" wrangle - 30 January
The South African Property Owners' Association (Sapoa), which represents the owners of the big buildings - like shopping centres, office blocks and big warehouses - has criticised the draft policy on expropriation Bill. It says aspects are not in line with the country's Constitution and it says it wants "more clarity" on financial compensation for commercial and industrial property owners. - Realestateweb website

'Zuma effect' to blame as investors sell off properties - 28 January
Infighting within the ruling party and the electricity crisis is prompting calls to real estate agencies by residential property owners to sell their holiday or investment homes. - Cape Times website
* * * Subscription required * * *

Absa, DBSA sign deal to fund cheap houses - 28 January
Affordable housing and infrastructure development in South Africa will receive a further boost following the signing of a memorandum of understanding between banking group Absa and the Development Bank of Southern Africa (DBSA). On Friday Absa chairman Gill Marcus and DBSA chief executive Paul Baloyi signed the agreement, under which the two institutions will co-operate in providing funding for affordable housing, infrastructure projects and municipal services. This is the third agreement with public sector development and financing organisations signed by Absa in the past four months, aimed at speeding up affordable housing delivery. - Business Report website

Historical KZN church demolished - 29 January
Charges have been laid against the owners of an historical church in KwaZulu-Natal's (KZN) Ixopo area after it was demolished over the festive season, the province's heritage body said on Tuesday. Amafa/Heritage KwaZulu-Natal CEO Barry Marshall said the church dated back to the closing years of the 19th century. - Mail & Guardian website

Municipal Property Rates Act Regulation (GN 1172/GG 30584/19-12-2007) - see above

Proposed cut in rates for State rejected - 30 January
Proposals by the provincial and local government department to cut municipal rates paid by government departments have been criticised by opposition parties, analysts and nongovernmental organisations. Karen Heese and Kevin Allan of web-based data and intelligence service Municipal IQ said the proposals restricted the level at which rates can be levied against different categories of ratepayers, including government departments and state-owned entities, within the boundaries of consumer price inflation excluding mortgage payments. The deadline for public comment on these proposals is tomorrow. - allAfrica website

Government wants you to help it pay the rates - 27 January
Municipalities have rebelled against a government proposal to slash the rates it pays on its properties and are furiously trying to fend off what would be a double blow for private ratepayers. Local authorities this week unanimously rejected the government's proposed rates-capping policy, which they believe would cripple municipal finances and hugely inflate the rates bills of homeowners. Labelling the proposal a disaster and unworkable, they have said they are prepared to challenge it in court. - IOL website
Keyphrases :
eThekwini Municipality
Local Government Association
Msunduzi Municipality
Stellenbosch Municipality

Government may need to ease off the golden goose - 28 January
The government is a notoriously bad payer of its debts. In the case of Cape Town, government departments, agencies and utilities owed R136m in rates and services payments as at November. The mayoral committee member responsible for finance, Ian Neilson, estimates that if the national government's potential rates liability is capped at 25% of that applied to residential properties, as proposed by Provincial and Local Government Minister Sydney Mufamadi, the city will have to either reduce its budget by R252m or push up the percentage increase the rest of us are due to be burdened with from the middle of the year by about 8%. That's over and above whatever increase might be in the offing to compensate for inflation, politicians’ performance bonuses and other such essentials. - Business Day website

Minerals and Energy

30 January 2008
Address by the Minister of Minerals and Energy, Ms Buyelwa Sonjica, MP : Joint Sitting of Parliament on electricity load shedding problem
SA Government Information website

Mine safety audits progressing : DME - 30 August
Over 50 mines have already been inspected under the legal component of the national safety audits, which began in December and were expected to take about five months to complete, Department of Minerals and Energy's (DME's) chief inspectorate of mines, Thabo Gazi told Mining Weekly Online on Wednesday. The technical component of the safety review would start in May, he added. - Creamer Media's Mining Weekly website

SA's 9/11 - 30 January
South Africa's electricity situation is a lot like 9/11 was for America. This is according to top economist Mike Shussler. It is no longer a time for red tape and political "mumble jumble" ; if this catastrophe has any chance of substantial recovery then there must be more freedom allowed in the micro economy. More private producers must be allowed into the electricity market. Eskom must not be allowed to take any more private farmers to court for providing electricity to their neighbours. Shussler believes the people at Eskom have not realised the full extent of the consequences of the power shortage and the permanent damaging effects it will have on the economy. The private sector needs to be brought into the market and all the laws preventing this must change quickly. - Moneyweb website

Recapitalisation of Eskom 'inevitable' as capex plan rises to above R300bn - 29 January
The recapitalisation of electricity utility Eskom's balance sheet by the South African government was "inevitable", Public Enterprises Minister Alec Erwin said on Tuesday, adding that a decision on the matter would be made during the course of 2008. Speaking following a energy crisis meeting with industry and mining executives, as well as mayors from the large metropolitan centres, which was held at the Eskom College in Midrand, Erwin indicated that the utility's rolling five-year capital programme was likely rise to above R300-billion and place strain on Eskom's key financial ratios. - Creamer Media's Engineering News website

Leave mines alone or face permanent output loss, economist warns - 30 January
Having taken into account several "very unpleasant observations", a leading economist has suggested that mining and heavy industry should be excluded from electricity interruptions, and more flexible users should bear the brunt of our national power predicament. "Leave mining mostly alone, unless we are prepared to incur permanent output loss," FNB chief economist Cees Bruggemans said in an email. - Creamer Media's Mining Weekly website

Power shortage costs local mines millions every day : economist - 28 January
It was estimated that the South African mining industry was losing about R330 million in turnover a day, while operations were halted owing to lack of security of power supply from State-owned power provider, Eskom, T-Sec economist Mike Schussler told Mining Weekly Online on Monday. Almost two-thirds of the mining industry, particularly deep-level gold and platinum mines, had been severely affected by the power cuts, and were not producing for the fourth consecutive day. Losses in gross domestic product, which take into account downstream manufacturing and suppliers of equipment to mines, were estimated to be in the region of R200 million a day, Schussler said. – Creamer Media's Mining Weekly website

Union wants power crisis to be declared a disaster - 28 January
Trade union Solidarity would hand a request to President Thabo Mbeki, on Tuesday, asking him to declare the South Africa's electricity situation a disaster in terms of the Disaster Management Act, it said on Monday. This act allows a disaster to be declared where damage to property and infrastructure and social disruption were greater than the capacity of a community to cope with its effects, using its own resources. Government would then be charged with the provision of capacity and finances to manage the disaster and to restore the damage, the union said in a statement. - Creamer Media's Engineering News website

Dirk Herman : Deputy General Secretary, Solidarity [interviewed by Geoff Candy] - 28 January
"Dirk, clearly the union's up in arms about what's going on on the mines, and what is the status quo. From what we've heard from the miners, the mines still shut down - but any idea of the sort of timelines to expect?" - Moneyweb website

New task team meets to develop 'immediate' mine reopening measures - 27 January
A newly established joint government-industry task team met on Sunday to develop "immediate measures" to enable closed South African mines to reopen, South Africa's Department of Minerals and Energy said in a statement. In line with the National Emergency Response Plan to South Africa's power crisis, the Minerals and Energy Minister Buyelwa Sonjica and Public Enterprises Minister Alec Erwin on Saturday convened a high-level meeting in Pretoria with the mining industry, Eskom and organised labour. - Creamer Media's Mining Weekly website

Survey on the generation capacity crisis in South Africa
In researching the background, causes, responsibilities and management of the generation capacity crisis in South Africa, leading up to the current round of power cuts and the closure of the country's mining operations last week, EE Publishers recently conducted an independent, on-line, web-based survey of its readership on this subject. There was an enormous response, with well over 1000 completed survey submissions in just 24 hours. EE Publishers' readership comprises a well educated, well informed, technologically literate and influential demographic group, whose views and perceptions should be of significant interest to the relevant decision makers

Where is the light? - 28 January
The latest wave of rolling blackouts is not only costing the economy untold millions ; it has also shaken the South African business community to its core, as the realisation has dawned that we do not really know the full extent of the problem, and therefore what we should expect. The Bill of Rights does not include a right to uninterrupted access to electricity – and even if it did, the existing jurisprudence tells us that the government's obligation would merely be to achieve the progressive realisation of the right within the prevailing budgetary constraints. Article by Bernard Hotz, Pierre Burger and Karabo Motshwane of Werksmans Attorneys - itinews website

See also Environment above

Municipal Management and Procedure

Bitou

Council allays suspicions on development plan for Plett - 30 January
The Bitou Council has moved to allay the fears of affluent Plettenberg Bay residents that its new integrated development plan will enable low income homes to be built alongside multi-million rand mansions. Bitou town planner Ludolph Gericke said the council understood the value of up-market property in Plett and realised rates garnered from one high-end property could provide much-needed funding for the poor of the town. He said the council was trying to follow national government's directives in a responsible manner. - The Herald Online website

eThekwini

'Big bang' rates shock - 29 January
There will be no phasing in of new property rates for local residents, who should brace themselves for what could be massive increases in their bills each month. Fears that rates could increase by up to 200 percent on some properties were again raised at Monday's executive committee meeting, where the ANC objected to proposals for a phasing in of market-related valuations. Instead, city manager Michael Sutcliffe said the council would implement the new rates and associated costs in a "big bang" manner. - Daily News website

Msunduzi

Probe into council not over - 29 January
Scorpions investigators have not ruled out the possibility of further arrests or the prosecution of individuals at the Msunduzi Municipality on charges of corruption, fraud and theft. With the impending closure of the elite investigation unit looming, Scorpions investigators are believed to be working round the clock to conclude investigations at Msunduzi which have, in the past, seen municipal offices raided, the suspension of senior officials and a cellphone belonging to councillor Themba Zungu being impounded. - IOL website

Nelson Mandela Bay

Bay set to review its procurements policy - 25 January
In an admission that its supply chain management policy is not benefiting the targeted group – the historically disadvantaged – the Nelson Mandela Bay municipality is reviewing the policy. It was revealed during a budget and treasury committee meeting this week that for the first six months of this financial year (July- December 2007), from a total value of R306,4-million tenders awarded, the total awarded to historically disadvantaged service providers was R98,9-million. Interested parties have said this move by the municipality was long overdue. Concerns have been raised by various service providers and the construction sector of the National African Federated Chamber of Commerce on the policy. - The Herald Online website

National Prosecuting Authority

'Pikoli should be axed for good' - 28 January
Justice bosses want suspended prosecuting head Vusi Pikoli permanently axed, and have given the Ginwala Commission 11 reasons why they think he should go. But Pikoli's legal team have hit back by stating that he "prefers" that the case against him - and his response to the claims against him - be heard in public. - IOL website

South African Defence Force

Lohatla report summary puts blame squarely on gun manufacturer - 28 January
The summarised report into the Lohatla military tragedy does not address allegations of negligence directed at the Department of Defence. On Friday, Defence Minister Mosiuoa Lekota released a summary of the findings of a probe into the October military catastrophe, when nine soldiers from an anti-aircraft regiment were killed during Operation Seboka. But Department of Defence spokesman Sam Mkhwanazi said last week that he "(didn't) know" if the full report would be made public. - Cape Argus website

Gun failure killed nine soldiers : probe - 27 January
A brojen pin caused the tragic deaths of nine soldiers at the Lohatlha military training ground according to the investigation into the incident, Defence Minister Mosiuoa Lekota said yesterday. The nine soldiers died when a 35mm Oerlikon GDF MK-5 gun malfunctioned at the Lohatlha training centre in the Northern Cape on October 12 last year. Fifteen other soldiers were injured in the incident. Speaking to reporters in Pretoria, Lekota said a board of inquiry, which was established two days later and headed by retired Major-General Johan Jooste, found that a mechanical failure occurred on gun 124, when the interface between the hand motor actuator selector level and the traverse gearbox broke. - Dispatch Online website

Taxation Issues

Sars simplifies VAT registration - 1 February
Value-Added Tax (VAT) registration would be easier from this month, the South African Revenue Service (Sars) said on Friday. Sars said the new VAT-registration process reduced the paperwork required for registration and provided for the instant issuing of VAT registration numbers over the counter at Sars branches. - Mail & Guardian website

Trade and Industry

The current law on restraints of trade - 20 November
Verlie Oosthuizen of Shepstone & Wylie Attorney's employment law department looks at the current law on restraints of trade and how it works, in the firm's latest commercial review. - itinews website

Miscellaneous

Investigating unit sees 6 000 servants charged - 30 January
Over 6 000 public servants have been charged with defrauding the Department of Social Development since the Special Investigating Unit was tasked with investigating fraud within the social grant system. The servants were involved in a scam which saw servants obtaining social grants by illegally misrepresenting their positions and people who received social grants legitimately but failed to cancel the grants after they were permanently employed in the public service. - allAfrica website

Dust unto dust, trash unto trash - 30 January
In 1997, South Africa's then-Auditor-General (A-G), Henri Kluever, raised several jangling alarms over various testy issues that had come to light, or come to light once again, in the 1995-1996 financial year in the affairs of numerous public entities. "In the final analysis, many of the problems are caused by a shortage of staff with the necessary experience and skills," Kluever stated. At this time, Thabo Mbeki was deputy president of South Africa. Later in the year, he would be promoted from chairman to president of the omnipresent African National Congress. Mbeki reacted in Parliament to Kluever's comments, describing them as "racist". The financial and accounting chaos in the public sector is one thing, but tender fraud has become the real enemy. It will take a gargantuan effort to root it out, but there is not even the first or slightest sign that anyone or anything with power to take such an initiative has any such desire. But don't shed tears : the A-G rang the warning, more than 10 years ago. - Moneyweb website

Doctor linked to stem cell fraud is back - 25 January
Details removed - 30 January 2009

Chad

French jail terms for Chad kidnap - 28 January
A court in France has sentenced six French aid workers to eight years in prison for trying to kidnap 103 children from Chad last year. They had been sentenced to eight years' hard labour in Chad. - BBC News website

Nigeria

Mined the gap! - 28 January
Nigeria has had a long but dysfunctional history of mining. The 2007 Minerals and Mining Act was generally well received for its provisions with regards to fiscal and tax regimes which are investor friendly, and in line with international best practice ; and also the establishment of the Mining Cadastre Office (MCO) as an autonomous body with the sole responsibility to administer mining titles. Regretfully, it was reported recently in some national dailies that the Minister, Alhaji Sarafadeen Tunji Isola, has ordered the revocation of all the 1002 mining titles issued last year. Also, it was reported that the Minister has now been granted powers as the final approving power for re-issuance of new licences. In the absence of a ministerial turn-around, either the Cadastre Office, in exercise of the independence conferred on it by the Act, or the holders of the "revoked" titles can challenge the revocation by going to court to establish that the Minister acted in excess of his powers under the Act. - This Day Online website

Rwanda

Genocide court blasted - 28 January
Rwanda's UN-backed genocide court winds up its work this year but many survivors say it has failed to prosecute enough of those responsible for the slaughter. The Tanzania-based International Criminal Tribunal for Rwanda (ICTR) began work in 1997, targeting the key suspects in Rwanda's 1994 genocide, which claimed 800 000 lives. Over the last decade, the tribunal has completed fewer than four cases a year on average, prompting anger from survivors who say too few suspected ringleaders have been dealt with. - Sowetan website

Zimbabwe

Zimbabwe deports Mann to E Guinea - 1 February
Zimbabwe has extradited Briton Simon Mann, a leader of alleged mercenaries, to Equatorial Guinea to face coup plot charges, his lawyer says. He was flown out of the country without his legal team's knowledge before they could lodge a final appeal, they said. There has been no official confirmation of the extradition from the Zimbabwean government. - BBC News website

Mann loses extradition appeal - 31 January
Zimbabwe's High Court has ruled that Simon Mann can be extradited to Equatorial Guinea to face trial over a foiled coup in the West African nation. The British ex-SAS officer was jailed in Zimbabwe on arms charges in 2004, and rearrested shortly after his release last May. He had appealed against extradition on the basis that he might be tortured. With his appeal turned down on Wednesday, Mann's lawyer will now file an appeal to Zimbabwe's Supreme Court. - BBC News website

News release from the Southern Africa Litigation Centre (SALC)

28 January 2008

SALC urges Zimbabwe Information Minister to guarantee independence of Media and Information Commission

The Southern Africa Litigation Centre (SALC) today urged Zimbabwe's Minister of Information and Publicity to expedite the hearing of the Associated Newspapers of Zimbabwe (ANZ) application and to guarantee the independence of the Media and Information Commission (MIC), a statutory media regulatory body.

The Zimbabwean government has retained as commissioners, one in the position of chairperson, two members of the MIC who were found by the Zimbabwean High Court to be biased in their initial refusal to register the ANZ. The ANZ has been banned for the past 4 years.

SALC's letter implores the Minister to ensure that the MIC complies with international standards requiring that press councils be independent of government and other outside interference.

Lloyd Kuveya, Project Lawyer for SALC's Media Defence Programme, said that international best practice demonstrates that state controlled media regulatory bodies tend to stifle independent media and generally create difficult operational environments for critical newspapers.

"Such outside interference in the operations of the media is a violation of freedom of expression and of the media. Discretionary powers given to such regulatory authorities are susceptible to abuse and the exercise of bias by the commissioners hearing applications for registration and accreditation. That has certainly been the case in Zimbabwe," he explained.

Current international standards advocate the establishment of self-regulatory press councils to ensure the effective regulation of the print media, enhance journalistic ethics, and guarantee the independence and freedom of the press.

Prepared by : FDBeachhead

 

India

Gandhi's ashes scattered at sea - 30 January
Ashes of Indian independence leader Mahatma Gandhi have been scattered off the coast of Mumbai to mark the 60th anniversary of his assassination. An urn containing the ashes was opened and they were mixed with water from the Arabian Sea by his great-granddaughter Nilamben Parikh. The ceremony was in accordance with Hindu rites. - BBC News website

Transparency and accountability are a must in the implementation process of rural development programmes
The Union Minister for Rural Development Dr Raghuvansh Prasad Singh has said that transparency and accountability are a must in the implementation process of rural development programmes. Addressing the inaugural session of 8th Annual Editors Conference on Social Sector Issues here today the minister said that the primary concern of Government towards improving the quality of life of the people is reflected in the launch of various schemes of his ministry. Dr Singh said a five pronged strategy to ensure effective implementation of its programmes in transparent manner by ensuring people's participation and accountability has been adopted in this regard. The five points include Awareness Generation ; Transparency ; People's participation ; Accountability ; and Vigilance and Monitoring. - Press Information Bureau website

Japan

Japanese firm offers "heartache leave" for staff - 28 January
Lovelorn staff at a Japanese marketing company can take paid time off after a bad break-up with a partner, with more "heartache leave" on offer as they get older. Tokyo-based Hime & Company, which also gives staff paid time off to hit the shops during sales season, says heartache leave allows staff to cry themselves out and return to work refreshed. - Reuters website

Australia

Australia to apologize to Aborigines for past mistreatment - 31 January
The new government of Prime Minister Kevin Rudd says it will apologize for past mistreatment of Australia's Aboriginal minority when Parliament convenes next month, addressing an issue that has blighted race relations in the country for years. - New York Times website

Legal fees for inheritance disputes to be capped - 27 January
Legal fees for disputes over inheritance will be capped in a plan gaining support from lawyers around NSW. The costs can run into the hundreds of thousands of dollars with solicitors dragging out cases in the courts to make more money. - LiveNews website

EU calls for greater competition in conveyancing services market - [29 January]
The European Commission has published a study calling for greater competition in the 17 bln eur conveyancing services market. The commission said the independent study finds that consumers have greater choice and are on average paying less for the legal services associated with house and land sales under deregulated systems, with no loss in quality. - Hemscott website

Italy

'Neighbour rage' case grips Italy - 29 January
The case has gripped Italians for the past year, and the wait is now over as the trial of a middle-aged couple accused of killing four of their neighbours in a row over noise gets under way. Prosecutors say the couple were driven to murder by the barrage of noise they'd faced from their neighbours' flat at all hours of the day and night. If they are right, the killings would be one of the most extreme examples of what's been dubbed "neighbour rage". Every year some 850 000 arguments between neighbours end up in Italian courts. - BBC News website

Spain

Driver who killed teen sues for damage - 26 January
A speeding motorist who killed a teenage cyclist is suing the boy's parents over damage to his luxury car, the government says. Enaitz Iriondo, 17, died instantly in August 2004 when businessman Tomas Delgado's Audi A8 crashed into him at 100 mph near Haro in northern Spain, an Interior Ministry traffic report said. The speed limit was 55 mph. Iriondo was not wearing reflective clothing or a helmet, the ministry report said. As the sun had set when he crossed the path of Delgado's car from a side road, a regional court found both parties at fault and closed the case, the report said. - Associated Press website

Criminal Justice System

Watchdog wants public inquiry into prison policy - 30 January
The prisons watchdog on Wednesday called for a public inquiry into penal policy in England and Wales, saying the government's criminal justice strategy was incoherent. Chief Inspector of Prisons Anne Owers said she wanted to see an investigation like the 1990 Woolf inquiry into jail riots, which led to the creation of the Prisons Ombudsman. - Reuters website

Human Rights

Court backs Lotto rapist victim - 30 January
A victim of Lotto rapist Iorworth Hoare has won the right to claim compensation from him. The Law Lords ruled that the retired teacher, identified only as Mrs A, could make the claim even though it was outside the six-year time limit. Because of the limit, Mrs A, who said her life was ruined by the attack, was originally told she could not claim against Hoare, who won the £7 million National Lottery jackpot after he was jailed for the attempted rape. Her case was one of five appeals heard at the House of Lords on how the Limitation Act affects claims in abuse cases. - Press Association website

Judiciary

Judges still have too much influence - 31 January
Do the judiciary and executive still have a stranglehold over the way judges are appointed, ensuring a perpetuation of a white, male, middle-class oligarchy? The answer, according to the Law Society, is a resounding "yes". - Times Online website

Labour Issues

Win for disability rights woman - 31 January
A British woman has won the initial stages of a landmark legal case at the European Court of Justice which could give new rights to millions of carers. An Advocate-General agreed on Thursday that Sharon Coleman suffered "discrimination by association". She claimed her former London employers Attridge Law described her as "lazy" for wanting time off from her post as a legal secretary to care for her son. She was already working with the law firm when she gave birth to a disabled son in 2002. He suffers from serious respiratory problems, including apnoeic attacks - an involuntary halt to breathing. As primary carer, Ms Coleman wanted flexible working arrangements, but accepted voluntary redundancy and began a claim for constructive dismissal five months later. - BBC News website

See
S Coleman v Attridge Law, Steve Law (Case C-303/06)
Reference for a preliminary hearing (and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006:237:0006:0006:EN:PDF)
on the European Court of Justice website

Land Affairs and Property

Rate cut pressures as mortgage approvals dive - 30 January
Mortgage approvals fell in December to the lowest since at least 1999, Bank of England data showed on Wednesday, the strongest sign yet that house prices could fall sharply this year. The weaker than expected figures will pile further pressure on the Bank of England to cut interest rates next week from the current 5.5 percent and follow that up with concerted easing throughout the year. - Reuters website

Reparation

Cold War test victims compensated - 1 February
Former British servicemen who were guinea pigs in chemical weapons' trials during the Cold War won 3 million pounds in compensation and an apology from the government on Thursday. The 360 surviving ex-military personnel were subjected to tests at the Porton Down chemical warfare facility. The Ministry of Defence said they will get about 8 000 pounds each. - Reuters website

Scotland

Hate crime laws to be extended - 15 January
Hate crime legislation is to be strengthened to protect disabled people and those from the lesbian, gay, bisexual and transgendered communities. The Scottish Government has given its backing to Green MSP Patrick Harvie's proposal for a Sentencing of Offences Aggravated by Prejudice (Scotland) Bill. - The Scottish Government website

Debt relief scheme announced - 2 January
As many people wake up to the true cost of their Christmas and New Year celebrations, a new scheme to provide last ditch debt relief for the worst off in society has been announced. Set up on the advice of an expert working group, the scheme will be available to those with an income of less than £220 (the Minimum Wage for a 40-hour week) and no assets worth more than £1 000. It will allow them to be declared bankrupt for the minimal cost of £100. - The Scottish Government website

Miscellaneous

Frugal librarian amassed 4 million pound art trove - 29 January
From the outside it's an ordinary, red-brick house in a terraced row, not unlike tens of thousands of others scattered across Britain. But on the inside, Jean Preston's spartan Oxford home contained works of art of international significance, carefully acquired over a lifetime and haphazardly displayed. Among the treasures were two paintings by Fra Angelico, the 15th century Italian Renaissance master, that were the missing pieces of an eight-part altar decoration. They were sold together for $3.4 million (1.37 million pounds) and are expected to be returned to the Uffizi Gallery, Florence's famed art museum. - Reuters website

Company Law

New rules could shine spotlight on deal fees - 31 January
New accounting rules for mergers and acquisitions are likely to have some far-reaching consequences for what such deals cost and how they get done, Compliance Week reports. One of the most significant changes relates to transaction fees, including fees for investment bankers, attorneys and accountants. Under the new standard, those fees will generally need to be expensed when they are incurred. (Under the current rules, such fees are capitalized and amortized over time). Because so much deal-related work happens before a transaction is announced, companies may need to worry about tipping off the markets about a potential deal when those expenses turn up. The new rule, set to take effect in fiscal 2009 for calendar year-end companies, could also bring more attention to the size of lawyers' and brokers' fees. - New York Times website

Criminal Justice System

The Department of Justice's Victim Notification System, Audit Report - 27 January
The Department of Justice (DOJ) Victim Notification System (VNS) is an automated system used by federal personnel to notify federal crime victims regarding developments in their cases, including information about the status of the investigation, prosecution, trial, incarceration, location, and custody status of the offender related to the crime. - US Department of Justice website

Cyberlaw

Bulletin board suit tests nline anonymity - 27 January
It bills itself as the world's "most prestigious college discussion board," giving a glimpse into law school admissions policies, post-graduate social networking and the hiring practices of major law firms. But the AudoAdmit site, widely used by law students for information on schools and firms, is also known as a venue for racist and sexist remarks and career-damaging rumors. Now it's at the heart of a defamation lawsuit that legal experts say could test the anonymity of the Internet. "The harassment [the two women] were subjected to was quite grotesque," said Brian Leiter, a professor at University of Texas Law School. "Any judge who looks at this is going to be really shocked, and particularly shocked because these appear to be law students". - PC Magazine website
Keyphrase :
Yale Law School

Land Affairs and Property

Answers about tenant-landlord issues, Part 3 - 29 January
Following is a third set of answers to readers' questions selected by Lucas A' Ferrara, a partner at Finkelstein Newman Ferrara who has practiced in the landlord-tenant arena for more than two decades. His other responses may be read at the links below :
First set of answers (Jan 25)
Second set of answers (Jan 28)
Fourth set of answers (Jan 30)
Fifth set of answers (Jan 31)
New York Times website

Minerals and Energy

Nuclear power plant security and vulnerabilities - 18 January
CRS Report for Congress. - Federation of American Scientists website

Miscellaneous

Why are so many lawyers politicians? - January 2008
I thought Google would yield a paper on this question but I can't find it.  My guess is that lawyers are good at fundraising and good at developing personal contacts.  This helps explain why fewer politicians are lawyers in many other countries ; money is more important in American politics.  A lawyer also has greater chance to exhibit the qualities that would signal success in politics, such as the ability to persuade and the ability to speak well on one's feet.  Not to mention that many lawyers have ambition. - Marginal Revolution website

Ethics

See no evil : when we overlook other people's unethical behavior - 2008
It is common for people to be more critical of others' ethical choices than of their own. This chapter explores those remarkable circumstances in which people see no evil in others' unethical behavior. Specifically, we explore 1) the motivated tendency to overlook the unethical behavior of others when we recognize the unethical behavior would harm us, 2) the tendency to ignore unethical behavior unless it is clear, immediate, and direct, 3) the tendency to ignore unethical behavior when ethicality erodes slowly over time, and 4) the tendency to assess unethical behaviors only after the unethical behavior has resulted in a bad outcome, but not during the decision process. Paper by Francesca Gino, Don A Moore, and Max H Bazerman. - Harvard Business School website

  Frank Layden, Utah Jazz president, on a former player :
  "I told him 'Son, what is it with you? Is it ignorance or apathy?'
  He said, "Coach, I don't know and I don't care"

Source : Internet