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News
on the Electronic Front |
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Recent
Judgments Available on the Internet
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Supreme Court of Appeal of South Africa
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http://www.supremecourtofappeal.gov.za/index.html
; wwwserver.law.wits.ac.za/sca/index.php ;
http://www.uovs.ac.za/apps/law/appeal/
Dina Rodrigues' appeal dismissed - 8
February
The Supreme Court of Appeal today dismissed an application by Dina
Rodrigues for leave to appeal against her murder conviction.
The SCA also refused an application for an order
directing that an appeal against her sentence also be heard by the
Bloemfontein court.Rodrigues was sentenced to life
imprisonment by the Cape High Court in June last year. -
The Times website
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
31 January
2008
A
564/07 [2008] ZAWCHC 1
S v Kirshvan
25 January 2008
6488/2007
NDPP v M S Madatt
and Another
This is an opposed application for an order in terms of
section 38(1) of the Prevention of Organised Crime Act 121 of
1998. The preservation order application is for two immovable
properties situated at 12 and 43 Devon Street, Woodstock
respectively. On 22 May 2007 this Court issued an order calling
upon respondents to show cause why a preservation of property
should not be granted. On 3 July 2007 respondents filed notice of
their intention to anticipate the return day, and opposing
affidavits. On 6 July 2007 the Court postponed the hearing of the
matter to 20 November 2007. This is therefore the extended return
day of the order granted on 22 May 2007
Weekend in jail, despite being freed - 13 February
A young man whose immediate release from prison was ordered on
Friday after the Cape High Court ruled that he had defended his
family from his mother's "aggressive and murderous" ex-boyfriend
and did not deserve an eight-year prison sentence for murder, is
to be released this week. Mncedisi Plaatjies, 23, from Nyanga, has
already served nearly a third of his prison term at Voorberg
Prison in Porterville. Prison officials said on Tuesday they were
still waiting for an order from the court for his release. -
IOL website
Delft Eviction
Case
6 February
2008
Statement by Minister of Housing, Lindiwe Sisulu on the Cape High
Court judgement on the Delft housing invasion
SA Government Information
website
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Free
State
Provincial Division
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www.uovs.ac.za/fac/law/highcourt/
31 January
2008
09/2008 [2008] ZAFSHC 3
S v Dithoko
31 January
2008
2521/2007 [2008] ZAFSHC 2
ABSA Bank Limited v Lecoko and Another
10 January 2008
1669/07 [2008] ZAFSHC 1
Malope v Malope
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Natal
Provincial Division
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http://www.saflii.org.za/
Employee sues for R734 000 - 12 February
The application of a Pietermaritzburg woman who was allegedly
raped, indecently assaulted, sexually harassed and defamed by her
employer resumed in the High Court on Monday. The woman has filed
for R734 000 damages against him. Her employer, Jaichand Maharaj,
was found guilty of rape in the Pietermaritzburg Regional Court in
March. He was sentenced to three years' correctional supervision
and a five-year suspended jail term. -
IOL website
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Zuma Case
Zuma in Mauritius over court case - 14 February
South Africa's presumed
president-in-waiting was in Mauritius yesterday in connection with
the corruption case he faces. ANC leader Jacob Zuma's
lawyer, Michael Hulley, confirmed by telephone from the Indian Ocean
island that his client was meeting with legal representatives about
documents held in Mauritius that allegedly contain proof of bribes
being solicited. "Unfortunately, I can't
give further details,'" he said. -
IOL website
Former ambassador named in Zuma's case - 13 February
Papers filed by the Scorpions in support of fraud and corruption
charges against Jacob Zuma name former ambassador to Paris Barbara
Masekela as having received money from Jurgen Kegl, the businessman
they suspect laundered R500 000 alleged to have been paid to the ANC
leader by an arms company. Kegl is also listed as a state witness in
the Scorpions' case against police chief Jackie Selebi. -
IOL website
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Northern Cape
Division
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http://www.saflii.org.za/
8 February
2008
499/07
[2008] ZANCHC 3
Doe Run Exploration SA (Pty) Ltd and Others v Minister of
Minerals and Energy and Others
Prospecting rights for copper,
lead, zinc and silver
Farm Glencard 525, district Hay, Northern Cape Province
Remainder and portion 1 of the farm Bushy Park No 556, District
Hay, Northern Cape Province
Remainder as well as portions 1 and 2 of Farm No 44, District Hay,
Northern Cape Province
Portion 1 of the farm Rockwood No 555 and portion 2 Annex,
Vreemdelingsrust No 563, District Hay, Northern Cape Province
8 February
2008
CA&R
113/07 [2008] ZANCHC 2
S v Louw
8 February 2008
CA&R
91/07 [2008] ZANCHC 1
S v Koopman
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Transvaal
Provincial Division
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http://www.saflii.org/ ; (Court rolls at
http://www.courtroom.co.za/roll.php)
11 February
2008
21224/2007 [2008] ZAGPHC 35
Chonco and Others v Minister of Justice and Constitutional
Development and Another
Minister taken to task over presidential pardons - 11 February
A Pretoria High Court judge ruled on Monday that Minister of
Justice and Constitutional Development Brigitte Mabandla had
failed to exercise her constitutional duties diligently over the
applications of 384 prisoners for
presidential pardons.
Judge Willie Seriti gave the minister three months to deal with
the applications. The issue was raised in Parliament several times
and raised with the Human Rights Commission - all to no avail. -
Mail & Guardian website
11 February
2008
42794/2007 [2008]
Rebah Construction CC v Renkie Building Construction CC
7 February
2008
6384/2005 [2008] ZAGPHC 32
Greater Grain Trading BK v Absa Bank Beperk
7 February
2008
6384/2005 [2008] ZAGPHC 31
Absa Bank Beperk v Van Niekerk en Andere
5 February
2008
2433/2007 [2008] ZAGPHC 33
Van Niekerk v Mbuli NO and Another
1 February
2008
A665/2007 [2008] ZAGPHC 29
Bischoff v Du Plessis and Another
Occupational interest - addendum to deed of
sale - oral agreement
1 February
2008
17709/2006 [2008] ZAGPHC 28
Bonugli and Another v Deputy National Director of Public
Prosecutions and Others
1 February
2008
2529/2007 [2008] ZAGPHC 27
Christine Williams Properties CC t/a Christine Williams
Properties v Dicker NO and Others
Estate agent's commission
- onus of proof
1 February
2008
14364/2007 [2008] ZAGPHC 26
Marx and Another v Albers
1 February 2008
266/2007 [2008] ZAGPHC 25
Joubert v MEC Department of Public Transport Road Works Gauteng
and Another
Nationwide opens landmark case against SAA - 14 February
The first civil case to follow a ruling by the competition
tribunal was heard in the Pretoria high court yesterday. The bid
by Nationwide Airlines to recover as much as R300 million in
damages from SAA follows the tribunal's ruling in July 2005 that
SAA was guilty of abusing its dominant position through the use of
what the tribunal described as "an objectionable" override
incentive scheme. - Business
Report website
Pension ruling hailed as 'victory for men' - 12 February
Nelson Mandela Bay senior citizens have hailed as a
"victory for men"
the announcement by President Thabo Mbeki in his State of the
Nation address at the weekend that the state pension age will be
set at 60 for men as well as women. "We
are over the moon to hear that at last justice has been attained.
The constitution must not discriminate against anyone,"
William Bentley said yesterday. Bentley and a group of men from
Port Elizabeth's Northern Areas has
campaigned vigorously against the legislation which allowed women
an earlier state pension than men. In 2005, Bentley and other male
senior citizens launched a court bid seeking to force the state to
make the state pension age 60 for both men and women. The matter
was heard in the Pretoria High Court on September 12 last year.
The respondents were Social Development Minister Zola Skweyiya,
Finance Minister Trevor Manuel, Eastern Cape Social Development
MEC Thoko Xasa and the director general for social development,
Vusi Madonsela. The plaintiffs, who were represented by the Port
Elizabeth Legal Aid Board, are still waiting for the verdict in
that matter. - The Herald
Online website
Nuclear traffic web stays secret - 8 February
An unexpected conclusion of the nuclear trial in the Pretoria High
Court this week has spared the South African government from
having to air its nuclear secrets and perhaps embarrass a foreign
ally. Daniel Geiges, a Swiss-born and naturalised South African,
pleaded guilty to breaking nuclear non-proliferation laws and
reached a suspended sentence agreement with the National
Prosecuting Authority (NPA). This move slammed the door on a trial
that was expected to last up to three years. The case had been
hailed as a victory for media freedom after the Mail & Guardian
and the Freedom of Expression Institute successfully opposed a
move by the NPA to hold the trial in secret. -
Mail & Guardian website
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Witwatersrand Local
Division -
http://www.saflii.org/
5 February 2008
05/6181
[2008] ZAGPHC 30
City of Johannesburg Metropolitan Municipality v Gauteng
Development Tribunal
Application for declaratory orders
relating to the powers which the Gauteng Development Tribunal and
the Gauteng Development Appeals Tribunal have under the
Development Facilitation Act
to amend town-planning schemes and to approve the establishment of
townships - application for the review of
decisions taken by the Gauteng Development Tribunal to approve
development applications for the development of two properties
(known as the Roodekrans and Ruimsig properties) within the
Johannesburg municipal area
Ruling on approval of new buildings hailed by developers - 11
February
Johannesburg property developers, who say the City Council's
planning department has cost them millions because of delays in
approving applications, have claimed victory following a landmark
ruling by the Johannesburg High Court. -
Legalbrief website
Keyphrases :
Development Facilitation
Act of 1995
Gauteng Development Tribunal (GDT)
Town Planning and
Townships Ordinance of 1986
Girl, 16, sues mother - 13 February
A Kuils River teenager is taking her mother to the Johannesburg
High Court, seeking permission to marry her 23-year-old boyfriend,
who is facing charges of statutory rape and fraud. The girl ran
away from home, with her four-month-old baby, to live with her
boyfriend - the child's father - in a caravan park in Gauteng. The
mother of three said she did not know why her daughter was
resorting to such drastic action and questioned whether, having
completed only Grade 8, she realised the consequences of her
allegations. - Cape Argus
website
Mankayi v AngloGold
Judgement in landmark occupational
health case expected within a month - 12 February
The second day of the High Court hearing, which could open the
floodgates to claims from mine workers to sue their employers,
came to an end on Tuesday afternoon. Judge Meyer Joffe reserved
judgement in the case between an ex-mineworker who contracted
silicosis after 16 years of working in underground gold mines, and
his former employer, South African gold-miner AngloGold Ashanti,
but it was likely that he would pass judgement within a month. -
Creamer Media's Mining
Weekly website
Judgement reserved in silicosis case - 12 February
A small group of former mineworkers on Tuesday listened intently
during the resumption of former miner Thembekile Mankayi's bid to
secure R2,6-million from AngloGold Ashanti after he contracted
silicosis. Judgement was reserved by Judge Meyer Joffe. -
Mail & Guardian website
AngloGold starts defense of lung-disease test case (Update1)
- 11 February
AngloGold Ashanti Ltd, Africa's biggest gold producer, today began
its defense in a legal case that may determine whether as many as
500 000 former South African mineworkers
with lung disease can sue past employers. The Johannesburg-based
company faces a lawsuit for 2.7 million rand ($345
000) from Thembekile Mankayi, who worked for the Vaal Reefs
mine until 1995, when he was discharged after contracting
silicosis. The mine was owned at the time by Anglo American Plc,
which later set up AngloGold. Mankayi is applying to the
Johannesburg High Court for the right to sue AngloGold, which
opposes the action. -
Bloomberg website
Landmark lung-disease claim could cost mines billions - 10
February
Tomorrow the Johannesburg high court will be the venue for the
opening salvo in a legal battle to determine whether former mine
workers, who have contracted occupational lung disease due to
negligence on the part of mine owners, are entitled to sue their
former employers for damages. The hearing will judge the merits of
a claim lodged in October 2006 by Thembekile Mankayi, a
49-year-old ex-miner from the Eastern Cape, against AngloGold
Ashanti for damages of R2.7 million. Lawyers agree that, win or
lose, it is a landmark case and one of the most important in the
history of occupational health law in South Africa. -
Business Report website
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Magistrates Courts
Durban
State declines to prosecute journalist - 14 February
The case against a journalist who was arrested by Durban's metro
police was thrown out by the Durban Magistrate's Court on Thursday
after the control prosecutor declined to prosecute the case.
Mhlaba Memela of the Sowetan newspaper was arrested on Wednesday
evening by an eThekwini metro police officer as he attended an
accident scene where a minibus taxi had ploughed into a furniture
shop in central Durban. - Mail &
Guardian website
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Audit
Bureau of Circulation
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http://www.abc.org.za/
Gordon Patterson : Deputy president, Audit Bureau of Circulation
[interviewed by Alec Hogg] - 13 February
The whole issue of intra-company deals or,
as I've termed it, boardroom circulation-building, needs to be
investigated in a more thorough way. And advertisers should be aware
of what proportion of the circulation that they think they're buying
is included into this area. I had a meeting with the Marketing
Association several weeks ago, and their viewpoint is very clear
indeed. They're only interested in net sales and single-copy
subscribers. Now that is quite a harsh way of looking at
circulation, but it's a very accurate way -
Moneyweb website
Sandra Gordon : Publisher, Marketingweb
[interviewed by Alex Hogg] - 12 February
There's been an issue in the media industry as well, where people
are cheating blatantly to inflate their circulations, which is
fraud, so that advertisers would pay more. -
Moneyweb website
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Competition
Commission, Tribunal and
Appeal Court
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http://www.compcom.co.za/
;
http://www.comptrib.co.za/
29 January
2008
125
/LM/Nov07 [2008] ZACT 11
Sasol Chemical Industries Limited and Sasol Dia Acrylates (Pty)
Ltd
24 January
2008
23/LM/Feb07 [2008] ZACT 10
Naspers Ltd and Electronic Media Network Ltd & Another
23 January
2008
51/LM/May07 [2008] ZACT 9
Ferro Industrial Products (Pty) Ltd and Spectrum Ceramics CC
23 January
2008
127/LM/Nov07 [2008] ZACT 8
Blue Beacon Investments 190 (Pty) Ltd and Pamodzi Investment
Holdings (Pty) Ltd
22 January
2008
120/LM/Nov07 [2008] ZACT 7
Diamond II Acquisition Corp and 3Com Corporation
21 January
2007
90/LM/Aug07 [2008] ZACT 6
Bayne Investments (Pty) Ltd and Clidet 451 (Pty) Ltd
17 January
2008
85/LM/Aug07 [2008] ZACT 5
Protea Chemicals (A Division of the Omnia Group (Pty) Ltd) and
Zetachem (Pty) Ltd
15 January 2008
115/LM/NOV07 [2008] ZACT 4
MICROS South Africa (Pty) Ltd and Miros-Fidelio South Africa
(Pty) Ltd & Others
15 January
2008
116/LM/NOV07 [2008] ZACT 3
Kagiso Strategic Investments III (Pty) Ltd and Bell Equipment
Sales SA Ltd
14 January 2008
121/LM/Nov07 [2008] ZACT 2
Titan Premier Investments (Pty) Ltd and Western Crown
Properties 64 (Pty) Ltd
14 January
2008
104/LM/Sep07 [2008] ZACT 1
BT Triple Crown Merger Co, Inc and Clear Channel Communications
Inc
Tiger Brands
Health
Department tackles medicine price fixing - 13 February
The Department of Health has vowed to get rid of price fixing by
pharmaceutical companies in the country's health industry. In
order to achieve this, the Department said it will work together
with other state agencies to rid the healthcare industry of
collusion practices aimed at exploiting consumers. The Department
also welcomes the decision by the Competition Commission to refer
three pharmaceutical companies to the Competition Tribunal for
prosecution. - allAfrica
website
Anthony Norton : Head, competition law,
Webber Wentzel Bowens [interviewed by Alec Hogg]
- 12 February
They say if you have a look at the monster that's in the room,
sometimes you can see it's not quite as big a monster as it is.
And, if one considers the monsters that are floating around South
Africa at the moment, ethics must be right at the top of them.
Today we had yet another slap in the face for Tiger Brands. Norris
is head of competition law at Webber Wentzel Bowens. Anthony, it's
to do with collusion between Tiger Brands' subsidiary Adcock
Ingram, and other players in this field on intravenous drip
solutions. We've had the bread story already. Now we've got
intravenous drips. I wonder whether one can now estimate or
suggest that perhaps there's something else coming?
- Moneyweb website
Tiger Brands may delay Adcock spinoff, Business Report says
- 13 February
Tiger Brands Ltd may delay the spinoff of Adcock Ingram after
South Africa's antitrust regulator said it will bring charges of
price fixing against the health-care unit, Business Report
said, citing Tiger Brands Chairman Lex Van Vught. If found guilty,
Adcock Ingram could be fined as much as 288 million rand ($37
million), the equivalent of 10 percent of its health-care
turnover, the Johannesburg-based newspaper reported. This will
make it harder for investors to value Adcock Ingram before it
starts trading separately, Business Report said. -
Bloomberg website
Tiger Brands shares drop after collusion allegations (Update3)
- 13 February
Tiger Brands Ltd, South Africa's biggest food company, fell to a
16-month low in Johannesburg trading after the country's antitrust
regulator said it will bring charges of price fixing. The shares
fell even after Peter Matlare was named as chief executive officer
to replace Nick Dennis, who resigned after the company admitted in
November to collusion with rival bread producers. -
Bloomberg website
12 February 2008
Statement on the allegations of collusion amongst drug companies
SA Government Information
website
Tiger Brands' Adcock may
be prosecuted
on collusion (Update1) - 11 February
Tiger Brands Ltd's Adcock Ingram health-care unit may be
prosecuted for alleged collusion after South Africa's antitrust
authority found the company had worked with rivals to fix prices
of drugs supplied to hospitals. Adcock Ingram Critical Care
colluded with Dismed Criticare Ltd. and Thusanong Health Care Ltd
when tendering to supply drugs and other products to public
hospitals, the Pretoria, South Africa-based Competition Commission
said today. This is the second antitrust allegation against Tiger
Brands, South Africa's largest-food producer, in three months. -
Bloomberg website
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Government
and Legislation
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South
Africa Government Information
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http://www.gov.za
;
http://www.polity.org.za
Statements and
Speeches
10 February
2008
Transcript of South African Broadcast Corporation interview with
President Mbeki after the State of the Nation Address
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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Please note
that the PMG website is undergoing extensive amendments at
present. You may be required to be a subscriber to access certain
Committee reports |
Committee Minutes
Arts and Culture
Committee
29 January 2008
2010 World Cup and social cohesion : Department briefing
Keyphrase :
2010 FIFA World Cup
Constitutional
Review Committee
30 January 2008
Submissions for 2007 : discussion ; Programme of action for 2008
Economic Affairs
Committee
30 January 2008
National Gambling
Amendment Bill : Department of Trade and Industry
response to negotiating mandates
Environmental
Affairs and Tourism Committee
22 January 2008
Committee programme
Finance Committee
4 February 2008
Provincial spending on conditional grants and Capex : 3rd
Quarter 2006/07 : Treasury briefing
30 January 2008
Water services bulk infrastructure : Department of Water Affairs
briefing and Minerals and Energy briefing on grants and
programmes
29 January 2008
Municipal systems improvement grant progress : Department of
Provincial and Local Government briefing and municipal
infrastructure
24 January 2008
Housing provincial conditional grants 1st and 2nd quarter 2006/7
spending
23 January 2008
Agricultural provincial conditional grants and capital
expenditure
Home Affairs
Committee
29 January
2008
Address by Deputy Minister and Annual Report 2006/07 : briefing
by Department
Housing Committee
23 January 2008
Committee minutes : adoption
18 January 2008
Housing Development
Agency Bill : workshop
15 January 2008
Alfred Nzo Municipality housing projects : status report
15 January 2008
Inqguza Hill Municipality housing projects : status report
Justice Portfolio
Committee
6 February 2008
Jurisdiction of Regional
Courts Amendment Bill : Department briefing and
Child Justice Bill
: hearings
5 February 2008
Policy
Review and Legislation : Briefing ; Festival of the Arts and
Culture (FESTAC) preparations for 2010 : Briefing
5 February 2008
Child Justice Bill
: Department Briefing and Public Hearings
Land and Environmental Affairs Committee
15 January 2008
Committee programme and strategic planning workshop : discussion
Local Government and Administration Committee
6 February 2008
Local Government Laws
Amendment Bill [B28-2007] : Municipal Demarcation Board
Submission, Department of Provincial and Local Government
25 January 2008
Nguza-hill, King Sabata Dalindyebo and Mnquma District
Municipalities : Intervention Progress Reports
23 January 2008
Mbombela Local Municipality and Thaba
Chweu interventions : Mpumalanga MEC's briefing and
Beaufort-West and Central Karoo District Municipalities
Members Legislative Proposals Committee
6 February 2008
Draft Reports on Petitions Workshop and Hammanskraal Fact
Finding Mission : adoption
Public Accounts Committee
6 February 2008
Adoption of resolutions and motivation for investigation of arms
deal
30 January 2008
South African Management Development Institute and Department of
Labour : Financial Statements 2006/07 hearings
29 January
2008
Committee programme and draft resolutions : adoption
Public Services
Committee
6
February 2008
Social Housing Bill
:Department of Housing
briefing
Science and Technology Committee
30 January 2008
Technology Innovation
Agency Bill : Department's response to public submissions
29 January 2008
Technology Innovation
Agency Bill : hearings
16 January 2008
Technology Innovation
Agency Bill : hearings
15 January 2008
Technology Innovation
Agency Bill : briefing and public hearings
Security and
Constitutional Affairs Committee
29 January
2008
Upcoming Committee visit to Mpumalanga and letter from Aliwal
North Unemployment Forum : consideration
17 January 2008
Committee Annual Report and programme : adoption ; Committee
oversight report : discussion
Social Development Committee
23 January 2008
Committee report on consultation visit on
Children's Bill :
discussion ; Committee First Term Programme : adoption
Social Services Committee
4 February 2008
Choice on Termination of
Pregnancy Amendment Bill : Final mandates and adoption
22 January 2008
Choice on Termination of
Pregnancy Amendment Bill : Department of Health briefing
Sport and
Recreation Committee
6 February 2008
School Sports Challenges : Departments of Sport and Education :
briefing
30 January 2008
Standards and National
Regulator for Compulsory Specifications Bills :
Department response
24 January 2008
Standards Bill and
National Regulator for Compulsory Specifications Bill :
public hearings
29 January
2008
Community Survey 2007 : Statistics SA briefing
23 January 2008
Policy and draft Bill on
Protection of Indigenous Knowledge Systems : Department
briefing
22 January 2008
Committee reports : adoption
17 January 2008
National Regulator for
Compulsory Specifications (NRCS) Bill and Standards Bill
: briefing
17 January 2008
Municipal Asset Transfer Regulations : Treasury briefing
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Legislation
Second Hand Goods Bill
Bill targets dealers in stolen goods - 12 February
The long-awaited Second Hand Goods Bill, which targets dealers
profiting from cable theft and the sale of stolen cellphones and
other electronic equipment, has finally reached Parliament.
The draft bill was first published in October 2005.
Once enacted, it will replace the Second Hand Goods Act
of 1955. - Business Day
website
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Useful
Links and Items of Interest
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Legal Profession
Canada
Paralegal regulation
- 11 February
Law Society of Upper Canada
website
North York paralegals suing attorney general, law society -
21 January
Three paralegals, including two from North York, have filed a
lawsuit against Ontario's attorney general and the Law Society
of Upper Canada for the way paralegals in the province are
regulated. The lawsuit, filed by Judi Simms, president of the
Paralegal Society of Ontario along with North York residents
Rivka La Belle and Gerald Grupp, claim that paralegals are not
being regulated in the public interest and that the attorney
general and the Law Society of Upper Canada have violated the
Charter of Rights and Freedoms. -
Inside Toronto
website
Groups oppose new real estate procedures and fees - 11
February
We have had a few blogs about Law Society of Upper Canada
benchers, those elected to oversee the profession, rubber-stamping
new real estate procedures and insurance fees for Ontario. I
appreciate that benchers want to hurry off to a free lunch with
wine, but they were elected, and are being paid a significant
stipend, to do more than simply say 'Yeah' to every staff proposal
put before them. -
National Post website
'Freight train'
of law grads on horizon - 4 February
The Law Society of Upper Canada's
Convocation has granted a task force permission to investigate
changes to the way Ontario lawyers are licensed and admitted to
the bar - and abolishment of articles is on the table. An amended
version of a Jan 24 motion from LSUC's
licensing and accreditation task force was approved following a
lively discussion from benchers, after the release of a report
expressing concern that the province's
firms will soon be unable to accommodate hundreds of lawyers
seeking articling placements. The combined pressure of increased
intake at Ontario law schools, an influx of foreign-trained
lawyers, and the prospect of up to three new law schools in the
province could leave many students with nowhere to go following
their third year of law school. -
Law Times website
Ont law society reviews articling requirement - 7 February
We pulled the following bit of gobbly-gook from the Law Society
of Upper Canada's website . . .
In other words, they are reviewing the articling/bar
admission process and want your input. -
National Post
website
Articling abolition? a groundbreaking LSUC report - 30
January
It arrived quietly and without fanfare. I’ve seen no reports of
it in the mainstream media or the legal press. In fact, the
young-lawyer-focused law blogs Precedent and Law Is
Cool are the only places I've seen
talk about it so far. But the Law Society of Upper Canada’s
Licensing and Accreditation Task Force Interim Report To
Convocation, delivered last week in Toronto, is set to
completely overhaul the process of admission to the practice of
law in Ontario and, eventually, the rest of Canada. If you're
a law student, a lawyer who intends to hire new lawyers someday,
or interested at all in the present and future direction of
lawyer training in Canada, this report is an absolute must-read.
-
Law21 blog
Historical
New Rules of Professional Conduct and Guidelines for Real Estate
Practice - 11 February 2007
Amendments to the Rules of Professional Conduct aimed at
reducing the risk of mortgage fraud were approved by Convocation
on February 22, 2007. - Law
Society of Upper Canada website
REALTORS®
avoid Law Society regulation - 16 October 2006
The Ontario Real Estate Association (OREA) has succeeded in its
push to amend legislation that would have made Ontario REALTORS®
subject to regulation by the Law Society of Upper Canada (LSUC).
The Access to Justice
Act, 2006, will include an exemption for all individuals
registered under the Real Estate and Business Brokers Act,
thanks to OREA's lobbying effort. The
act will regulate paralegals in Ontario by the LSUC, but its
initial wording cast its legislative net so broadly that other
professions could have been affected adversely. The act
originally stated that an individual who "drafts,
completes or revises a document that affects a person's
interests or rights to or in real or personal property"
is considered to be providing legal services, which would have
come under LSUC regulation. -
OREA website
United Kingdom
Law Society grills MoJ on bugging info - 13 February
The Law Society has written to the Ministry of Justice to demand
that it reveal how many solicitors were bugged last year or risk
facing a public enquiry. The ultimatum follows the recent row
over surveillance sparked by Scotland Yard having allegedly
bugged conversations between Labour MP Sadiq Khan and a
constituent accused of terrorist offences, which led to
revelations of routine bugging of conversations between
solicitors and clients at Woodhill Prison. -
The Lawyer website
Some rather odd conduct from the Law Society - 14 February
Andrew Hopper and Gregory Treverton-Jones' claim is as
interesting as it is unexpected. But what makes it particularly
fascinating is the insight it gives us into behind-the-scenes
tensions within the legal profession at a time of great change.
Both Mr Hopper and Mr Treverton-Jones are specialists in
professional regulation. The two men signed a contract with a
publisher to write a lawyers' handbook, advising solicitors of
the detailed rules they must now comply with. Some of these
rules are contained in the new Solicitors' Code of Conduct,
which came into force last July. This code is sold in book form
by the Law Society at the price of Ł29.95, although you can
download the latest version from the internet free of charge. -
Telegraph website
QCs, Law Soc in face-off over solicitor code rights - 11
February
Two leading silks have initiated proceedings against the Law
Society for the right to include the new Solicitors' Code of
Conduct in a handbook they co-authored. Andrew Hopper QC of
Cardiff solicitors Geoffrey Williams and
Christopher Green and Gregory Treverton-Jones QC of 39 Essex
Street spent three months working on a guide to the new code
called The Solicitor's Handbook. The QCs, through their
publisher Butterworths, sought permission from the Solicitors
Regulation Authority (SRA) to include the code as an appendix to
the handbook. The SRA wrote to Butterworths saying the letter
should be taken as permission to include the code, which the
silks took to mean they had a binding licence.
But
when the Law Society, which encompasses the SRA, found out, it
contacted Butterworths to withdraw consent. -
The Lawyer website
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South Africa
Conservation
SADC to
launch conservation brand - 12 February
A unifying brand for nature conservation areas across borders in
Southern Africa, is to be launched in Durban later this year.
Ministers from the Southern African Development Community met in
Gauteng on Monday to discuss infrastructure and the investment in
Transfrontier Conservation Areas (TFCAs). At the meeting a strategic
brand for TFCAs was discussed and from the talks, it was decided the
brand will be launched on 10 May 2008 in Durban, South Africa. -
allAfrica website
Criminal Justice
System
Justice system overhaul gathers pace - 8 February
The department of justice and Business Against Crime (BAC) on
Thursday briefed Chief Justice Pius Langa and his judges president
on government plans to overhaul the criminal justice system (CJS).
The CJS Review is government's response to growing concern over
rampant crime and an attempt to combat public perception that
policing is ineffective, courts are slow and clogged and prisons
inhumane and corrupt. Plans to overhaul the system began in June
when the cabinet appointed a working group to explore on the issue.
Its recommendations were approved by the cabinet in November. -
IOL website
Delict
Hospital to pay for blunder - 12 February
A man who went into hospital for a scrotum operation but came out
with a paralysed foot instead is to receive R688 369 in damages from
the Pretoria Urology Hospital. The matter was due to be heard in the
Pretoria High Court on Monday, but the hospital agreed to settle the
claim. Judge Willie Hartzenberg made the agreement an order of
court. - IOL website
Education department to pay pupil for damages - 8 February
The Gauteng department of education on Thursday lost its appeal
against a Pretoria High Court judgment that deemed it liable for the
damages suffered by a judge and his son after the latter fractured
his skull during a playground game. Christiaan, the son of Judge
Pierre Rabie, was hurt in a game in which older boys bounced young
boys up and down a cricket net. A full bench of three judges
confirmed that the department was liable, as the Hoerskool
Waterkloof teachers who were on ground duty that day failed to
notice that the children were engaging in a dangerous activity. -
IOL website
Education
Minister unveils new pledge for SA pupils - 13 February
Pandor said the pledge would be recited at assemblies
"and even in class"
and that children should be encouraged to recite and memorise it. It
reads : "We, the youth of South Africa,
recognising the injustices of our past, honour those who suffered
and sacrificed for justice and freedom. We will respect and protect
the dignity of each person, and stand up for justice. We sincerely
declare that we shall uphold the rights and values of our
constitution and promise to act in accordance with the duties and
responsibilities that flow from these rights".
- The Herald Online
website
Readers against reciting a pledge in schools - 13 February
IOL website
Mbeki's national oath idea welcomed - 11 February
President Thabo Mbeki's nation building proposal to have school
children recite an oath to the country has been welcomed by the
Democratic Alliance, said Jack Bloom, the party's Gauteng leader,
today. Mbeki proposed last Friday in his State of the Nation Address
that an oath be developed where a "youth pledge extolling the
virtues of humane conduct and human solidarity among all South
Africans" be made part of school morning assemblies. -
The Times website
Environment
Manganese poisoning : negotiations falter - 13 February
Attempts to reach an out-of-court settlement between a KwaZulu-Natal
ferromanganese factory and its workers over compensation for
manganese poisoning foundered on Wednesday. The workers' trade union
and attorney Richard Spoor accused the company, Assmang, of
negotiating in bad faith. The inquiry, under the chair of Vuli
Sibisi, is set to resume on February 25. Spoor said that when the
inquiry resumes on February 25, an "adversarial relationship"
between the parties would exist. -
Mail & Guardian website
4x4, quad owners face crackdown - 13 February
New regulations governing the use of 4x4 vehicles and quad bikes
throughout southern Africa could soon become law. This comes after
complaints that South African 4x4 owners have been causing
large-scale damage to ecologically-sensitive areas in some
neighbouring states. Namibia and Mozambique were reportedly most
upset by what they termed "the damage done by quad bikes and
four-wheel-drive vehicles from South Africa to the ecology of
beaches and other environmentally sensitive areas", according to the
Department of Environmental Affairs and Tourism. -
Wheels24 website
Initiative to turn waste into bio-energy - 12 February
A southern and Eastern Cape company, Zero Waste Initiatives SA (Zwisa),
says it is ready to launch its rural and urban bio-energy products
(gas/electricity) to help South Africa alleviate its national energy
crisis while at the same time creating tens of thousands of jobs and
empowering entrepreneurs. Zwisa concepts involve using human and
animal waste as an eco-friendly electricity and bio-fuel
alternative. At present Zwisa is negotiating with municipalities and
the agricultural sector to implement its multi-faceted zero waste
system. - The Herald Online
website
Health
Netcare
yields over billing for anaesthetic gases - 12 February
SA's biggest private hospital group, Netcare, has backed down on its
billing practices for costly anaesthetic gases, saying it will
charge patients for the actual volume of gas used in their
operations, instead of billing them by the minute. It also said it
would reduce its 8,4% fee increases for this year to 7,9% - in line
with inflation. The development is expected not only to appease
Health Minister Manto Tshabalala-Msimang, who has threatened to
regulate private hospital fees, but also save medical schemes
millions of rands. - allAfrica
website
Housing
Help around a house - 8 February
Housing is a basic need, and one that eludes millions of South
Africans. Helping someone, perhaps a domestic worker, build or buy a
home may seem impossible, if not imprudent. But what you can do, if
nothing else, is to help your employee access a government housing
subsidy or a home loan. Government's
housing subsidy scheme. There are six
types of subsidies, or subsidy programmes, that comprise the housing
subsidy scheme : project-linked,
individual, consolidation, institutional, relocation assistance and
the rural subsidy. - Personal
Finance website
Human Rights
'I was turned away from gay bar over race' - 12 February
A Belgian tourist barred from a gay bar in Green Point, allegedly
because of his skin colour, says he is thinking of suing, but the
bar's owner says it may have been a case of mistaken identity. The
owner of popular gay bar Bronx, Bruno Bronn, says the tourist was
"definitely not turned away because of his race" and it was
"becoming fashionable to slate" the bar. -
IOL website
Judiciary
Criticised judge among candidates - 13 February
The Judicial Service Commission has released a shortlist of
candidates for 10 vacant judges' positions - including a judge who
refused to pay child maintenance because he didn't believe in the
validity of a paternity test. Judge J Poswa is named as one of four
candidates shortlisted for the single vacancy on the Natal
Provincial Division bench. The other
candidates for the Natal position are Judge S Ebrahim, advocate M
Govindasamy SC, and Ms M S Murugasen. Judge Lex Mpati is the only
candidate for the President of the Supreme Court of Appeal. Advocate
M Victor and Mr NF Kgomo are the only candidates for four vacant
positions on the Transvaal Provincial Division bench. Mr V Saldanha
and Mr M I Samela are shortlisted for the
single vacancy in the Cape Provincial Division. Advocate A
F Jordaan SC, and Ms M B Molemela
are shortlisted for the single vacancy in the Free State Provincial
Division. Advocate K Makhafola is shortlisted for the single Venda
High Court position and advocate F B
A Dawood for the single Eastern Cape Provincial Division
seat. - IOL website
Judge's acceptance of shares 'inappropriate' - 13 February
The Judicial Services Commission (JSC) in 2007 ordered KwaZulu-Natal
Judge President Vuka Tshabalala to hand back shares in Absa Bank
worth millions of rands, which were given to him by a consortium
headed by businessman Tokyo Sexwale. While the commission did not
make this decision public, it said on Tuesday that it had ordered
the judge to give back the shares because his acceptance of them was
"inappropriate. - IOL website
KwaZulu-Natal
KZN
Legislature programme is a success - 13 February
KwaZulu-Natal's "Taking the Legislature to the People", has proved
to be a success and has brought tangible benefits to the poorest
people in the province. Addressing the official opening of the
legislature on Tuesday, provincial legislature speaker Willies
Mchunu described the parliamentary outreach programme as a winner,
with R2.3 billion already been spent by the government on the needs
of the people. - allAfrica
website
MECs must
fight crime in Kwazulu-Natal - 12 February
MECs of various departments must intensify their crime fighting
programmes in KwaZulu-Natal, says King Zwelithini Ka Bhekuzulu.
Delivering his keynote address at the official opening of the
KwaZulu-Natal Legislature on Tuesday, the King also appealed to the
religious leaders and parents to help fight crime. -
allAfrica website
Labour Issues
MPs want
workplace equity enforcement - 13 February
Additional mechanisms were needed to ensure greater compliance by
business with employment equity legislation, a draft parliamentary
report on workplace discrimination has concluded. The report was
drawn up for Parliament's labour committee at the conclusion of
public hearings on workplace discrimination which revealed that 10
years after the enactment of the
Employment Equity Act
much still needed to be done. -
allAfrica website
Land Affairs and
Property
Sectional tax plan 'a benefit' - 13 February
"The sectional title tax as envisaged in
the new Municipal Property
Rates Act of 2004 will be to the benefit of sectional title
property owners," says Carla Almeida-Grobler,
senior associate at Adams and Adams, attorneys in property law. -
Tygerburger website
Rates,
power cuts hit residential development - 12 February
Higher interest rates and the power supply crisis are expected
to cause a relatively sharp drop in new residential space developers
provide this year. First National Bank (FNB) property strategist
John Loos, speaking yesterday at a presentation of the latest FNB
residential property barometer, forecast a 10% drop in new
residential space completed this year. "This has a lot to do with
the current cycle. There is a lagged response to higher interest
rates and slower residential demand". Loos said he believed the
electricity crisis might also play a role in constraining new
property supply growth. - allAfrica
website
Property sweetens Tongaat Hulett's profit
- 12 February
Property was sweeter than sugar for Tongaat Hulett last year.
More than half of its profit came from property
development while its core sugar business only contributed
43percent, the sugar producer said in a trading update yesterday. -
The Times website
Wine estate deal under the spotlight - 12 February
The multi-billion rand development proposal for the historic 17th
century Boschendal estate near Franschhoek faces a key test on
Tuesday when heritage authorities hear appeals against their
approval of the project. The 2 240ha estate, which dates back to
1685, is part of the Cape Winelands Cultural Landscape which has
been proposed by South Africa for formal recognition as a World
Heritage Site by the United Nations. On Tuesday, the SA Heritage
Resources Agency (SAHRA, formerly the National Monuments Council),
will hear formal appeals by the Cape Institute for Architecture, the
Dwarsriver Rural and Development Training Programme and the
Franschhoek Conservation Trust at a special hearing at the Castle. -
IOL website
KZN farming sector faces financial disaster - 11 February
The farming sector is facing a crisis, with many farmers fearing
they will go under if municipalities impose property rates at
"unsustainable levels", as some have already done. To prevent a
looming disaster, the KwaZulu-Natal Agricultural Union (Kwanalu) has
compiled a report consisting of 12 case studies documenting returns
made by individual farming operations and agricultural sectors
within KwaZulu-Natal. It details the impact that property rates, at
varying levels, would have on these enterprises. -
IOL website
Race row : teacher turns to police - 13 February
Teacher Adrian Adams, armed with a court order in his favour, has
tried once again to move into the house he has bought in Khayelitsha,
but the divorcee who formerly co-owned it refuses to move out. The
pair were involved in a heated argument on Tuesday outside the Monde
Street house. Following the granting of the court order, Adams had
planned to take occupation of the house on Tuesday. Adams bought the
property for R190 000 and last week, in the presence of neighbours,
accepted Stamper's offer to buy back the house for R200 000. -
IOL website
New plan to settle land claimants - 13 February
Twenty-four land claimants who elected not to be paid out for their
restitution claim in Salt River will now be accommodated in the
municipality's proposed multi-million rand
Heidevallei development. This development, adjacent to the N2
between Old Place and Nekkies, is planned to cater for both low- and
high-income earners and mixed land use. Representatives of land
claimants in Knysna met Land Claims Commission officials this week
to discuss ways of their being included in the new development. -
The Herald Online website
Minerals and Energy
Eskom board to make investment decision on new pumped-storage
scheme next month - 13 February
State-owned power producer Eskom's board of directors were
expected to approve a new 1 520-MW pumped-storage scheme, dubbed
Project Lima, in March, the company said this week. The project,
in the Steelpoort area of Mpumalanga, would consist of two dams or
reservoirs, interconnected by an underground tunnel system, with
four pump-turbine units. Should the board approve the project, the
tendering process for the construction of the new pumped storage
scheme could start at the end of 2008. -
Creamer Media's
Engineering News website
Municipal Management
and Procedure
Cape Town
Comments
invited on Cape land scheme - 11 February
Cape residents are invited to comment on the city's final draft of
its Integrated Zoning
Scheme (IZS), which is aimed at controlling land use and
property development within the municipality. According to the
city's Mayoral Committee Member for Planning and Environment,
Councillor Marian Nieuwoudt, the IZS will replace the 27 zoning
schemes currently in use. As a world class city, Cape Town has now
taken the responsibility of presenting an integrated land use
scheme that responds to the urgent development needs and
challenges in the entire area under its jurisdiction. -
allAfrica website
Letter from Zille to Rasool on Erasmus Commission - 7 February
politicsweb website
eThekwini
Rates queries swamp eThekwini - 14 February
Overwhelming interest in eThekwini's new property valuation roll
on Wednesday put strain on the municipality's website and call
centre, as ratepayers strove to find their new property values.
The roll, which details the new market-related values of Durban
properties and will form the basis of rates calculations, was
released on Wednesday. - IOL
website
Green light on new rates - 12 February
Rates in the eThekwini Municipality are unlikely to increase by
more than 10 percent in the year ahead, provided proposals by
the department of provincial and local government are not
accepted as they stand. Municipal manager Michael Sutcliffe said
on Monday that the municipality could face a "crisis" should
these national proposals be accepted. -
IOL website
New rates will be equitable, says Durban's Mike Sutcliffe -
8 February
Comment by Michael Sutcliffe, eThekwini Manager Published in the
Metro eZasegagasini (February 8) newspaper on the new
Property Rates Act.
In the past few month there have been many headlines making
controversial claims about the new property rating legislation
and its implementation. -
Rodney Hayter website
Schools owe water department R5m -
13 February
At least 284 schools in the greater Durban region owe the
eThekwini Water department over R5-million for their unpaid
water and electricity accounts. eThekwini water and sanitation
head, Neil Macleod on Wednesday said none of the schools in
question had their water or electricity supply disconnected
because of the arrears. - IOL
website
Summons confusion - 14 February
The eThekwini municipality could soon find itself in a legal
quagmire after an administrative blunder that has led to
hundreds of fines and summonses being withdrawn. Confusion
reigns within some sectors of the Metro Police and among summons
servers in the municipal Building and Consent Use Department,
who have been issuing summonses for people to appear in the new
municipal court which has yet to open. City manager Dr Michael
Sutcliffe's assurances that the summonses would be reissued
have, however, not washed with those issuing the documents. -
IOL website
Johannesburg
Joburg advances plan to restart gas turbines, but opposition
sees flaws - 12 February
The City of Johannesburg, where electricity consumption peaks at
3 500 MW (a figure that is reportedly higher than the so-called
‘City of Lights', Paris, which peaks at 3 200 MW), is advancing
a plan to bring back into service several inactive gas turbines
dotted across the metropolitan area, which, if successful, could
add some 120 MW to the its supply system. However, the political
opposition in the city believes that City Power's supply-side
intervention lacks ambition and has called for a far larger
partnership with independent power producers (IPPs), as well as
for an independent assessment of the best technology and funding
options. - Creamer
Media's Engineering News website
Msunduzi
Blitz on creches after child drowns - 8 February
Msunduzi municipal officials will conduct a blitz on all creches
in Pietermaritzburg in an attempt to clamp down on illegal
operations. This follows the drowning of a three-year-old boy at
a creche in Orient Heights, Pietermaritzburg, on Monday.
Msunduzi spokesperson Evodia Mahlangu appealed to all creche
owners who had not registered their creches to do so
immediately. "Running an unregistered creche is illegal and
there will be consequences if found doing so," she said.
According to bylaws relating to creches, "no paddling pool,
swimming pool, sand pit or other structure shall be permitted
without prior approval of the medical officer of health, and
only subject to such conditions as may be laid down by him from
time to time". Penalties for failing to comply with provisions
include a maximum fine of R500 or a jail term of six months, or
both, for a first offence. For subsequent transgressions, the
penalty increases to a fine of R1 000 or imprisonment for a
year, or both. - IOL website
National
Prosecuting Authority
Presidency silent on Selebi affidavit - 13 February
The Presidency invoked the sub judice rule yesterday to avoid
commenting on acting National Prosecuting Authority (NPA) head
Mokotedi Mpshe's affidavit, which contradicts President Thabo
Mbeki's assertion that he did not know about evidence against
police commissioner Jackie Selebi. After a two-year
investigation, Selebi has finally been brought to the Pretoria
High Court by the NPA to face charges of corruption and
defeating the ends of justice. -
allAfrica website
Scorpions
A disgrace - 14 February
Disgrace does not begin to describe the decision by the African
National Congress (ANC) to disband the Scorpions. Without
advancing a single coherent argument the ruling party not only
decides to get rid of a vanguard force in the fight against
organised crime and corruption, it announces it to the world as
a fact, as though Parliament simply does not exist. -
Business Day website
Minister signs Scorpions death warrant - 13 February
Despite a torrent of opposition criticism of the African
National Congress's (ANC's)
decision to disband the Scorpions, members of President Thabo
Mbeki's cabinet have confirmed that
the elite unit will be disbanded and a new unit formed under
South African Police Service (SAPS) auspices. -
Business Day website
SA moves
to scrap Scorpions unit - 12 February
South Africa's security minister has tabled a proposal in
parliament calling for the FBI-style Scorpions special
investigations unit to be disbanded. The Scorpions was set up in
1999 to fight organised crime and corruption and works
separately from the police. -
BBC News website
Sports and
Recreation
Super 14: IRB eager to see impact of new laws - 11 February
Changes to the laws of rugby union are to be trialled at their
highest level to date when the Super 14 tournament, the southern
hemisphere's premier provincial club competition, gets underway
this weekend. Several of the International Rugby Board's
Experimental Law Variations, which are designed to make the game
easier for players and fans to follow and not leave matches at
the mercy of a referee's interpretation of the rules, will be on
show during the Super 14. The alterations adopted by tournament
governing body SANZAR (South Africa, New Zealand and Australia
Rugby) relate to the breakdown (tackle and post-tackle) area,
the maul, lineout, sanctions, kicking from inside the 22 metre
line and the act of scoring in relation to the corner posts. -
IOL website
New rugby laws are still quick to confuse - 7 February
The implementation of a host of new laws in rugby – the most
drastic ever introduced – has caused uncertainty and confusion
among players, coaches, referees and spectators alike. The
International Rugby Board (IRB) said the changes were intended
to "appropriately balance"
the welfare of the players with elements of physicality within
the game. It is hoped that there will now also be fewer
injuries. The new laws will be used on an experimental basis
during the Super 14 series, which starts in 10 days'
time. - The Herald Online
website
Transport
Over 13 000 taxis scrapped in govt's recap scheme - 11
February
Minister of Public Enterprises Alec Erwin said on Monday that
some 13 261 vehicles had been scrapped since the launch of South
Africa's taxi recapitalisation programme in October, 2006.
Scrapping allowances of R663-million had also been paid to date
in an effort to rid the roads of unsafe and unroadworthy
vehicles. A total of some R7,7-billion would be made available
for the programme. The Department of Transport's (DoT's)
objective is to have 80% of taxis scrapped by 2010, this figure
was brought down from the original target of 90%. -
Creamer Media's
Engineering News website
Miscellaneous
Lara Croft tycoon leaves trail of SA debt - 11 February
Charles Cornwall literally blasted his way into the world of the
rich and famous in South Africa.
But barely eight years after pocketing a fortune as
shareholder and chief executive of the company behind one of the
world's most successful video games,
he disappeared leaving a trail of debts totalling more than
R150-million.
Cornwall was once the darling of the Plettenberg Bay
jet set. Until last year, his playground was one of the world's
most exclusive polo fields. His friends were millionaires and he
did business with companies linked to Tokyo Sexwale and the late
Brett Kebble.
After resigning as the chief executive of the UK's
Eidos Interactive, creators of Lara Croft
: Tomb Raider, Cornwall
moved to South Africa and joined Kebble's
JCI as a director in 2001.
After Kebble's murder, a
forensic report revealed that while Cornwall was a director, he
had ceded 155.4 million JCI shares to Nedbank to
"secure increased overdraft facilities".
The bank sold all the shares for R101-million and he used some
of the cash to pay off debts.
Now Investage, a JCI subsidiary, is taking legal
action to recover the millions. -
The Times website
'Illegal lottery' rocks Vodacom - 10 February
Vodacom clients who have run up debt totalling hundreds of
thousands of rands while taking part in a competition to win one
of 100 BMWs, may have been taking part in an illegal lottery.
The National Lottery Board on Friday launched an urgent inquiry
to determine whether or not the "100 cars in 100 days"
competition, with posh BMW 320i cars as prizes, is legal. -
Fin24 website
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Australasia
Australia
New Zealand
Du Toit to appeal
sentence - 13 February
Lyndell Du Toit, who was convicted of stealing from a charitable
fund for her daughter, is appealing her sentence and expects to
serve only half her prison time. Her partner, Eric Minty,
yesterday told The Press that the family planned to return
home to South Africa in late May. They expected Du Toit would
serve only half of her six-month prison sentence and would return
to the doctor who first worked on Charley's injury in South
Africa. - Stuff website
Dad wants kids back from New Zealand - 12 February
A Pretoria father is desperate to be reunited with his three
children, who are stuck in New Zealand. Wayne du Toit's ex-wife
Lyndell du Toit has custody of their children. "I am concerned
about who is going to look after them and how they are going to be
looked after," Du Toit said. He had approached lawyers and the New
Zealand High Commission in South Africa for assistance. He said he
had been told that he would have to apply for custody, but that it
would take a long time. - The
Star website
New Zealand to send mauled SA girl home - 11 February
First nine-year-old Charley du Toit had to overcome the trauma of
having her leg bitten off by a bull terrier. Now she has to face
another - being deported from the country in which she has lived
for the past three years. Charley's mom, Lyndel du Toit, 31, was
sentenced to six months in jail on Friday for defrauding a charity
account set up in New Zealand to raise funds for operations on
Charley's leg. When she is released, she and Charley will be
deported to South Africa. "Who will care for my children now?" Du
Toit shouted to the gallery of the Christchurch District Court as
she was led away to begin her sentence. She has three children. -
IOL website
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Europe
Germany
Regulators raid chocolate firms - 11 February
German
officials investigating possible chocolate price-fixing have
raided the offices of some of Europe's biggest confectionery
companies. Nestle, Mars and Kraft confirmed that competition
officials visited their German headquarters last Thursday. Four
other chocolate companies were also examined by the German Federal
Cartel Office. Nestle said it was cooperating with authorities and
that price rises were due to rising costs of raw materials. Last
November, Canadian regulators launched an investigation into
allegations of price-fixing. -
BBC News website
See also
http://www.chocolate-papers.com/chocolate-news/
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United Kingdom
Anti-Terrorism
9/11 case
pilot can claim damages - 14 February
A pilot wrongly accused of training the 9/11 hijackers is entitled
to claim damages, the Court of Appeal has ruled. Judges said
evidence suggested police and prosecutors were responsible for
"serious defaults" in detaining Lotfi Raissi in jail for nearly
five months. The ruling means the government has to reconsider the
33-year-old's claim for compensation, which it had refused. Mr
Raissi wants an apology and says his claim may run into millions
of pounds. The government has said it may appeal. -
BBC News website
Human Rights
Call to
scrap 'anti-teen' device - 12 February
A high-pitched device used to disperse teenagers is being challenged
by campaigners, who say it is not a fair way to treat young people.
There are estimated to be 3 500 of the
devices, known as the Mosquito, in use across the country. Their
sound causes discomfort to young ears - but their frequency is above
the normal hearing range of people over 25. -
BBC News website
Miscellaneous
How law and faith war broke out - 10 February
When Archbishop Rowan Williams went on Radio 4 last week to
publicise a speech he was giving, he had no idea what a sensation
he was about to cause. But his remarks about sharia law provoked
an extraordinary storm, exposing deep divisions within the Church
of England and the country at large about Britain's Muslim
community. The Archbishop of Canterbury is now the focus of a
sustained tabloid newspaper campaign to have him removed from his
post after he expressed the view that it was 'inevitable' that
some aspects of sharia law would one day be recognised in the UK.
- Guardian website
Anglican leader hits back in Sharia law row - 9 February
AFP website
Run Google search
for news articles at
http://news.google.com/news?sourceid=navclient&ie=UTF-8&rls=GGLG,GGLG:2005-37,GGLG:en&ncl=1129553206&hl=en
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United States and Canada
Alaska
Statehood
was mixed blessing in division of Alaska land - 8 February
As we celebrate the 50th anniversary of Alaska statehood, we might
remember the adage about being careful about what we wish for. It
has bearing in regard to Alaska lands. As of 1958, Congress had
designated the long-term use of only 15 percent of Alaska's land.
The remainder was public domain, awaiting Congress's determination
for its permanent status. The statehood act granted title to the
new state to 28 percent of Alaska, about 104 million acres. A
major question was how would the rest be dealt with? The discovery
of Prudhoe Bay oil in 1967-68 added to the urgency for a broad
land disposition in Alaska. National environmental organizations
such as the Sierra Club and the Wilderness Society were vitally
interested in Alaska conservation lands. By 1971 national
environmental consciousness was so strong in America as to stop
construction of the Alaska pipeline. Ironically, then, the
attainment of statehood moved the Congress to preserve a good
portion of Alaska from state title or economic development. Today,
60 percent of Alaska remains federal land. -
Anchorage Daily News
website
Anti-Terrorism
9/11 prosecutors seek death penalty - 12 February
Relatives of British September 11 victims have welcomed news that
six men accused over the attacks could face the death penalty. US
prosecutors have said they will seek the execution of Khalid Sheik
Mohammed, the alleged mastermind of the plot, and five other
Guantanamo Bay detainees they believe were involved in the 2001
atrocity that killed nearly 3 000 people. -
The Press Association
website
US judge
steps in to torture row - 12 February
The most outspoken judge on the US Supreme Court has defended the
use of some physical interrogation techniques. Justice Antonin
Scalia told the BBC that "smacking someone in the face" could be
justified if there was an imminent threat. He also accused Europe
of being self-righteous over the death penalty. Justice Scalia is
known as the most acerbic member of the Supreme Court, and is
often described as the most conservative of the court's judges. -
BBC News website
Canada
Judge probed for insisting HIV-positive witness wear a mask -
31 January
A Barrie, Ont, judge is under investigation for insisting a
witness who is HIV positive and has hepatitis C wear a mask in his
courtroom. During the Nov 23 trial, Justice Jon-Jo Douglas said in
court that the HIV virus lives in a dried state for years, and
just needs a bit of moisture to be reactivated. Canadian HIV/AIDS
Legal Network, and the HIV and AIDS Legal Clinic (Ontario) have
written letters of complaint to the Ontario Judicial Council,
which is now investigating. - CBC
News website
Courts
Dismiss apartheid suits, White House urges Supreme Court -
12 February
A series of lawsuits against companies that did business with
the former apartheid regime of South Africa should be dismissed,
the Bush administration told the Supreme Court Tuesday. The
suits argue more than four dozen US and foreign companies should
be ordered to pay as much as $400 billion to South African
blacks and others who suffered under that country's official
policy of oppressive separation of the races between 1948 and
1994. A federal court in October allowed the group of some 10
class-action lawsuits to proceed. The administration argues the
appeals court was wrong to allow the "unprecedented and
sprawling" suits to move forward. -
CNN website
Keyphrase :
United States. 'Apartheid Case'
Defense
New
approach for US army manual - 8 February
The US army has drafted a new manual which for the first time puts
an equal emphasis on winning hearts and minds as it does on
defeating enemies by force. The manual is expected to be published
later this month. The new guide is seen as a major development
that draws on lessons of the wars being fought by US troops in
Afghanistan and Iraq. Initial military successes there have given
way to long struggles, with insurgents in both countries. -
BBC News website
Family law
Religion joins custody cases, to judges' unease - 13 February
More and more states have tried to keep custody disputes out of
court by mandating mediation. But the effect has been piecemeal,
and religious disputes have proven to be among the most difficult
to resolve, lawyers said. - New
York Times website
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International
Arctic sea floor mapping bolsters US land claims - 12 February
New mapping data would bolster any claims the US might make in the
Arctic as nations in the region compete for potentially rich
reserves of oil, gas and minerals buried beneath the sea floor,
federal scientists said Monday. Federal officials said the data
would support the US should it choose to jockey with Russia, Canada
and other circumpolar nations under the international Law of the Sea
treaty to carve out boundaries off their northern coasts. The Law of
the Sea confers sovereign rights over a country's
continental shelf beyond the normal boundary of 200 nautical miles
if the country can substantiate its claims through scientific
evidence. - newsminer website
Animal Rights
'Cruel' animal transport targeted - 12 February
A campaign is under way to end the transportation of millions of
animals over long distances for slaughter. The global campaign is
led by Handle With Care, a coalition of leading animal welfare
charities including the RSPCA and Compassion in World Farming. The
coalition says disease, hunger and stress during transportation
are killing tens of thousands of animals a year, while many more
suffer overcrowded and filthy conditions only to be slaughtered on
arrival at their destination. It wants animals taken to
slaughterhouses near where they are reared. -
BBC News website
Sports and
Recreation
NZ
Olympic officials must lift muzzle on athletes - 13 February
NZ Olympic officials must lift free-speech muzzle on athletes.
Green Party Sports Spokesperson Keith Locke has written to the New
Zealand Olympic Committee asking it amend its contract with
Olympic team members and guarantee their right to free speech
while in China. - Scoop
website
German Olympians won't gag athletes at Beijing games -
13 February
German Olympic officials won't gag their athletes over politically
sensitive issues at the Beijing Games like the British Olympic
Association appeared to attempt. "Our athletes are citizens who
are aware of their responsibilities, but they can and will be able
to express their opinions," said German Olympic Committee (DOSB)
spokesman Gerd Graus on Tuesday. -
Bangkok Post website
BOA must protect athletes from media - 13 February
The recent issue over the British Olympic Association's decision
to require athletes to sign a contract which bans them from
speaking on political issues and then withdrawing that position
will probably be seen by most outside of the UK as another
situation in which the BOA have failed in an attempt to go beyond
the rules of the International Olympic Committee. -
Telegraph website
British Olympic contracts to be amended - 11 February
British Olympic athletes must sign a new clause in their contracts
prohibiting politically sensitive remarks or gestures during the
Beijing Games. "The reality is, given the level of political
scrutiny of the world's media on these games and the way China
will handle them, the BOA felt it was sensible and proper to flag
that rule to our athletes," British Olympic Association
communications director Graham Mewson said Sunday. The
International Olympic Committee already has a rule that states
that "no kind of demonstration or political, religious or racial
propaganda is permitted in any Olympic sites, venues or other
areas". - Associated Press
website
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United Nations
Human Rights
UN seeks
human trafficking action - 13 February
More than 1 000 delegates from over 100 countries are attending
the forum to discuss solutions, including techniques to monitor
criminal gangs. There are believed to be millions of victims of
trafficking worldwide - in an industry that generates tens of
billions of dollars a year. UN officials say human trafficking is
the hidden crime of globalisation. -
BBC News website
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