| Recent
Journal Articles of Interest |
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South
African Journal of Criminal Justice |
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Police forum in Africa : theory, policy and practice in the
making?
Elrena van der Spuy
SACJC - 2007, v.20(3), p.307 |
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Proactive policing for the rich and reactive policing the poor
: hypocrisy in policing a stratified society
David T Masiloane
SACJC - 2007, v.20(3), p.328 |
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The Constitutional Court
gets anal about rape-gender neutrality and the principle of legality
in Masiya v DDP
Kelly Phelps and Sha'ista Kazee
SACJC - 2007, v.20(3), p.341 |
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Thebus and Tadic : comparing the application of the doctrine of
common purpose in South Africa to its application in the Yugoslav
tribunal
Pieter du Toit
SACJC - 2007, v.20(3), p.361 |
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Book Review
Sexual offences in armed conflict and
international law
Ntombizozuko Dyani
SACJC - 2007, v.20(3), p.372 |
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Specific crimes
Shannon Hoctor
SACJC - 2007, v.20(3), p.377 |
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Criminal procedure
Michael Cowling
SACJC - 2007, v.20(3), p.38 |
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Evidence
Nicci Whitear-Nel
SACJC - 2007, v.20(3), p.409 |
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Sentencing
Stephen Terblanche
SACJC - 2007, v.20(3), p.413 |
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Constitutional application
Warren Freedman
SACJC - 2007, v.20(3), p.420 |
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South
African Law Journal |
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Abstract
SALJ - 2007, v.124(4), p.653 |
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In memory of the late
Chief Justice, MM Corbett
Justice C T Howie
SALJ - 2007, v.124(4), p.657 |
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In memoriam : Michael McGregory Corbett
Gustav Hoexter
SALJ - 2007, v.124(4), p.663 |
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A tribute to Michael
McGregory Corbett
Gerald Friedman
SALJ - 2007, v.124(4), p.666 |
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'Duty for duty's sake' : M M Corbett remembered
Jeremy Gauntlett SC
SALJ - 2007, v.124(4), p.670 |
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Extending the scope of rape : a dangerous precedent
C R Snyman
SALJ - 2007, v.124(4), p.677 |
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Freedom of testation and the Bill of Rights : Minister of
Education v Syfrets Trust NO
Michael Cameron Wood-Bodley
SALJ - 2007, v.124(4), p.687 |
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Origin of the species II : the Verimark case and trade mark
infringement
Wim Alberts
SALJ - 2007, v.124(4), p.702 |
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The maintenance of the
Capital and the Companies Bill
2007
Richard Jooste
SALJ - 2007, v.124(4), p.710 |
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The past and future of
the rule of law in South Africa
David Dyzenhaus
SALJ - 2007, v.124(4), p.734 |
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The amazing, vanishing
Bill of Rights
Stu Woolman
SALJ - 2007, .124(4), p.762 |
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Same-sex marriage, civil unions and domestic partnerships in South
Africa : critical reflections on an ongoing saga
Pierre de Vos and Jaco Barnard
SALJ - 2007, v.124(4), p.795 |
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The requirement of excusable mistake in the context of the
condition indebiti : Scottish and South African law
compared
Helen Scott
SALJ - 2007, v.124(4), p.827 |
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Bad handwriting and medication errors
Rita-Marie Jansen and Teuns Verschoor
SALJ - 2007, v.124(4), p.867 |
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Book Reviews
Poverty and fundamental rights : the
justification and enforcement of socio-economic rights
David Bilchitz
SALJ - 2007, v.124(4), p.882 |
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Health and democracy : a guide to human
rights health law and policy in post-apartheid South Africa
Edited by Adila Hassim, Mark Heywood and
Jonathan Berger
SALJ - 2007, v.124(4), p.889 |
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Admiralty jurisdiction law and practice in South
Africa
Gys Hofmeyr SC
SALJ - 2007, v.124(4), p.896 |
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Understanding jurisprudence
Denise Meyerson
SALJ - 2007, v.124(4), p.900 |
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SA
Mercantile Law Journal |
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A trader's primary
business activities and incidental activities under section 2 and
34(1) of the Insolvency Act 24
of 1936
Alastair Smith
SA Merc LJ - 2007, v.19(4), p.407 |
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The legal nature and
validity of bank default charges
W G Schulze
SA Merc LJ - 2007, v.19(4), p.427 |
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Defining the unincorporated business in financial distress :
should it be treated as a business or as a consumer?
Anneli Loubser
SA Merc LJ - 2007, v.19(4), p.444 |
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The application of the
Promotion of Access to Information Act 2 of 2000 in consumer
protection
Natania Locke
SA Merc LJ - 2007, v.19(4), p.461 |
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Par-value shares or no -par-value shares : is that the
question?
Kathleen van der Linde
SA Merc LJ - 2007, v.19(4), p.473 |
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The 'seven-year clause'
defence and the limited operation under section 70(1) of the
Trade Marks Act 194 of 1993,
of section 42 of the Trade
Marks Act 62 of 1963
Stuart Gardiner
SA Merc LJ - 2007, v.19(4), p.486 |
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Auditor independence ; an analysis of the legislation in the
United States of America and South Africa
Jane Bourne
SA Merc LJ - 2007, v.19(4), p.492 |
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Insurance subrogation, implied or expressed
: in the name of the insured always
J P van Niekerk
SA Merc LJ - 2007, v.19(4), p.502 |
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Once more beneficiary appointments and security
cessions : Malaudzi v First Rand Bank Ltd
Susan Scott
SA Merc LJ - 2007, v.19(4), p.517 |
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The debate on the meaning and application of
'arrangement' before and after Senwes v Van Heerden & Sons
P M Lehloenya
SA Merc LJ - 2007, v.19(4), p.527 |
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Legality and income tax : is SARS 'entitled
to' levy income tax on illegal amounts 'received by' a taxpayer?
L G Classen
SA Merc LJ - 2007, v.19(4), p.534 |
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Value-Added Tax on
insurance indemnity payments : Luxor Paints (Pty) Ltd v
Heritage Insurance Brokers and subsection 8(8) of the
Value-Added Tax Act 89 of 1991
W Jacobs
SA Merc LJ - 2007, v.19(4), p.554 |
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The
Taxpayer |
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Brummeri : the
road to economic chaos
The Taxpayer - v.56(12), p.221 |
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The mismatch between definitions of 'Republic of
South Africa' in tax law and company law from a tax perspective
The Taxpayer - v.56(12), p.223 |
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Secondary tax on companies : whether loan of
discretionary trust a deemed dividend
The Taxpayer - v.56(12), p.227 |
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Restraint agreement : whether payment for
restraint or for services
The Taxpayer - v.56(12), p.234 |
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Tydskrif vir die Suid-Afrikaanse Reg |
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Vulture funds and sovereign debt : the Zambian experience
Charles Proctor
TSAR - 2007(4), p.629 |
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The inalienable right to
take the law into our own hands and faltering state
J Malan
TSAR - 2007(4), p.642 |
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Debt enforcement in
terms of the National Credit
Act 34 of 2005
C M van Heerden en J M Otto
TSAR - 2007(4), p.655 |
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Die posisie van die
landelike swart vrou in die grondhervormingsproses
Anel Terblanche
TSAR - 2007(4), p.685 |
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Decent work and the promotion of access to social protection for
workers in the informal economy : an international and regional
perspective
Nicola Smit
TSAR - 2007(4), p.700 |
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The request for international criminal justice : the long road
ahead
Sascha-Dominik Bachmann
TSAR - 2007(4), p.716 |
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Posisie van tweelinge in die inheemse reg en kultuur : 'n
regssantropologiese aantekeninge
M W Prinsloo
TSAR - 2007(4), p.735 |
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Gekoopte
titels en die condoctio ob turpem causam
J C Sonnekus
TSAR - 2007(4), p.741 |
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Gedagtes oor die
beskerming van die regte en belange van ouers ten opsigte van
skoolgeld aan openbare skole
Visser
TSAR - 2007(4), p.750 |
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Brandskade aan skoolgeboue : op wie rus die verpligting om te
herstel?
J S Sonnekus en E C Schlemmer
TSAR - 2007(4), p.756 |
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Parlementere voete - sleep en uitgediende misdaaddefinisies :
is regterlike ingryping die oplossing?
D S de Villiers
TSAR - 2007(4), p.769 |
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19th century treaties and 21st century realities : tensions in
Canada and rebus sic stantibus
G N Barrie
TSAR - 2007(4), p.780 |
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Ontwikkelende of ontwikkelde lidland : Suid-Afrika en die
wereldhandelsorganisasie
E C Schlemmer
TSAR - 2007(4), p.786 |
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Erkenning van meineed as skuldoorsaak in die deliktereg -
Black v Joffe 2007 3 SA 171(K)
Johan Scott
TSAR - 2007(4), p.800 |
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Die rol van kennis van sessie aan die skuldenaar
- Stannic v Samib Underwriting Agents 2006 4 All SA 314(T) ; 2003 3
All SA 257(HHA)
Johan Scott
TSAR - 2007(4), p.813 |
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Verrykingsvordering na herstel van brandskade
aan vreemde eiendom en versekerbare belang - St Helena Primary
School v MEC Department of Education, Free State Province 2007 4 SA
16(O)
J C Sonnekus en E C SChlummer
TSAR - 2007(4), p.823 |
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Die hoogste hof van appel verleen erkenning aan die
reg op identiteit as persoonlikheids-en fundamentele reg
J Neethling
TSAR - 2007(4), p.834 |
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Boekbespreking The South African Law of International Trade :
selected topics / Van Niekerk and Schulze
Neels
TSAR - 2007(4), p.839
Handbuch des internationalen Warenkaufs UN :
Kaufrecht (CISG) Verweyen, Foerrster and Toufar
Schlemmer
TSAR - 2007(4), p.839 |
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Tydskrif vir Hedendaagse Romeins-Hollandse Reg |
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Die volgorde waarin die delikselemente
omregmatigheid en skuld bepaal moet word
J C Knobel
THRHR - 2008, Bd.71(1), p.1 |
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Die begrip "besit" in die strafreg (2)
C R Snyman
THRHR - 2008, Bd.71(1), p.13 |
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Godsdienstige en kulturel simbole in openbare skole :
sigbaarwording en groei van regspluralisme in Suid-Afrika
C Rautenbach
THRHR - 2008, Bd.71(1), p.25 |
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Language rights and the
best interests of the child
M H Smit
THRHR - 2008, Bd.71(1), p.38 |
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Is die waters bo die
vastelandsplat deel van Suid Afrikaanse grondgebied vir doeleindes van
die Doeane-en Aksynswet?
G C Muller
THRHR - 2008, Bd.71(1), p.54 |
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Public interest immunity for negligent performance of police
investigative duties : recent Commonwealth case law (1)
C Okpaluba
THRHR - 2008, Bd.71(1), p.67 |
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Genetic privacy in South Africa and Europe : a comparative
perspective (2)
M Nothling Slabbert
THRHR - 2008, Bd.71(1), p.81 |
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Mobile and wireless devices : legal consequences for employees who
do not meet the security promise
V Estebeth
THRHR - 2008, Bd.71(1), p.100 |
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Divergences within the
ius commune (2)
P du Plessis and R van den Bergh
THRHR - 2008, Bd.71(1), p.110 |
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The exemption of a
parent from paying public school fees with reference to the position
of a divorce
P J Visser
THRHR - 2008, Bd.71(1), p.119 |
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Kollektiewe sienings oor
kolektiewe bendinging deur die Konstitusionele of
F van Jaarsveld
THRHR - 2008, Bd.71(1), p.124 |
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Private security law : exemption from
regulatory provisions - Private Security Industry Regulatory
Authority v Anglo Platinum Management Services Ltd
P J Visser
THRHR - 2008, Bd.71(1), p.131 |
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Plea of Iautroefois acquit following
failure of judge to call witness in terms of section 186 of the
Criminal Procedure Act 51 of
1977 - Director of Public Prosecutions, Transvaal v
Mtsweni
W P de Villiers
THRHR - 2008, Bd.71(1), p.136 |
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The law in relation to employee claims relating
to dismissal : jurisprudential principles or legal pragmatism?
- Transnet Ltd v Chirwa
D Holness and G Devenish
THRHR - 2008, Bd.71(1), p.142 |
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Huurder se reg op vergoeding vir verbeteringe
- Business Aviation Corporation (Pty) Ltd
M Wiese
THRHR - 2008, Bd.71(1), p.154 |
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Damages wrongful arrest and detention quantum of
damages - Minister of Safety and Security v Seymour
P J Visser
THRHR - 2008, Bd.71(1), p.172 |
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News
on the Electronic Front |
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
-
www.constitutionalcourt.org.za
Shaik Asset Forfeiture Appeal
'Shaik did bribe Zuma' - 27 February
Schabir Shaik has admitted he bribed ANC president Jacob Zuma
"with the intention to corrupt him". But, in a final legal bid to
stop the state from confiscating R33-million from him, Shaik's
lawyers on Tuesday insisted the state never proved that these
bribes were the only reason Zuma used his political clout to
assist his financial adviser. -
IOL website
Shaik asset seizure 'out of proportion', court told - 26
February
The confiscation of "R30-million to R40-million"-worth of assets
from Schabir Shaik following his fraud and corruption conviction
was out of proportion to his "friend" Jacob Zuma's intervention in
one arms-deal dispute, the Constitutional Court heard on Tuesday.
Shaik's lawyer, Martin Brassey, said Zuma's intervention at a
meeting with Thomson France was only part of the "pot" of deals
Shaik had with the company and its South African subsidiaries. -
Mail & Guardian website
Not cruel to take Shaik's assets -
26 February
It was not cruel to make Schabir Shaik forfeit over R30 million in
shares after "brashly using the prize" of Jacob Zuma to secure a
business deal with an arms company, the Constitutional Court
heard.
Advocate Wim Trengove argued this during Shaik's
Constitutional Court application to have his assets returned.
"The stripping of the proceeds of crime is to show
criminals that you do crime at your peril," said Trengove.
He said it was not unfair "double punishment" if
criminals knew that if they invested in crime they would lose
their investment. - The Times
website
Shaik assets case to be heard - 26 February
The Constitutional Court will hear argument today on the
confiscation of assets from Schabir Shaik, following his fraud
conviction relating to his relationship with ANC president Jacob
Zuma.
Shaik had to forfeit over R30 million worth of shares
following his conviction in 2005. -
The Times website
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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/
29 February 2008
688/2006 [2008] ZASCA 2
Swart v Van Rensburg
Sale of immovable property – defences of common assumption,
conventional penalty and repudiation dismissed
* * * Not yet online * * *
28 January 2008
634/06
[2008] ZASCA 1
Linvestment CC v Hammersley and Another
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Labour Courts
-
http://www.saflii.org/
Johannesburg
12 February 2008
JS 736/06
[2008] ZALC 8
Douglas and Others v Gauteng MEC of Health
Port Elizabeth
7 February 2008
P377/03
[2008] ZALC 7
South African Police Services v Safety and Security Sectoral
Bargaining Council and Others
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
27 February
2008
A717/07
Majwa Petersen v State
This is an appeal against the refusal of the Wynberg Regional
Court, to grant the appellant's second
application for bail pending the finalisation of her trial. She
and three other accused, namely Abdoer Raasiet Emjedi, Waahied
Hassen and Jefferson Tion Snyders, are charged with the murder of
the appellant's husband, one Abdul
Mutaliep Petersen, at his home on 16 December 2006. They are also
charged on two counts of robbery, at the same time and place, of
certain cell phones, watches and cash. These are offences referred
to in schedule 6 of the
Criminal Procedure Act 51 of 1977
22 February
2008
A359/2006
Jubeida Khatun Banderker NO and Others v
Mohammed Iqbal Gangraker NO and Others
After the death of Sulaiman there was no executor in
Jameela's estate until Dawood was
appointed sole executor. There was again a vacancy in the office
of executorship in Jameela's estate
after the death of Dawood until the first and second appellants
were appointed. After their appointment as executrixes of Jameela's
estate, Jubeida and Fatima filed an amended liquidation and
distribution account in Jameela's
estate, awarding Jameela's 25% undivided
share in the relevant properties to themselves as heiresses. The
respondents objected to the amended liquidation and distribution
account filed with the Master on the ground that Sulaiman had
purchased Jameela's undivided share in
the immovable properties in terms of the option which Jameela had
granted to him in terms of her Will dated 26 March 1954 but which
he could not take transfer of as he was prohibited to do in terms
of the Group Areas Act.
The Master did not sustain the objection and advised the
applicants to bring the dispute before the Court. It is against
this background that the respondents brought the application to
the Court a quo. The matter came before Motala, J who found
in favour of the respondents. With the leave of appeal having been
granted by the Court a quo on some of the issues which it
had decided in favour of the respondents, the appellants now
appeal to this Court
18 February 2008
67/2005
State v S W De Vries and Others
The eleven accused in this matter are standing trial on
25 charges. These include contraventions of the
Prevention of Organised
Crime Act, 21 of 1998 ("POCA"),
various common law offences as well as contraventions of the
Firearms Control Act, 60
of 2000. The trial commenced on 15 August 2005 and has run
for approximately 137 court days. Shortly before the trial was
ready to re-commence on 15 October 2007, after a term's
adjournment, accused eleven gave notice of an application to
declare invalid and of no force and effect the authorisation
issued by the National Director of Public Prosecutions (the
"NDPP") dated
10 August 2005 purporting to authorise charges against him in
terms of s 2(4) of POCA. Accused eleven sought, furthermore, an
order declaring the charges brought against him to have been
invalidly instituted and set aside. Similar applications were then
brought on behalf of the remaining accused
Judgment reserved in Manuel's arms deal saga - 25 February
The Cape High Court has reserved judgment on a bid by Finance
Minister Trevor Manuel to stop arms deal critic, Terry
Crawford-Brown, from accusing him of corruption. -
SABC News website
Delft Eviction
Case
Tensions run high as Rasool threatens to sue - 27 February
As tensions ran high in Delft, Premier Ebrahim Rasool said he
would on Wednesday persuade his executive to sue both the DA and
Delft ward councillor Frank Martin for damages that resulted
from the illegal occupation of unfinished houses in the
township. During Tuesday's debate in the provincial legislature
on the Delft invasion, Rasool and the ANC accused the DA of
promoting racial tension between coloured and African people and
using Delft and the housing crisis as part of a campaign to win
next year's elections. -
IOL website
Delft
houses to be given to rightful owners - 26 February
Preparations are underway to hand over the first 30 homes of the
N2 Gateway Housing project in Delft to their rightful owners by
Friday this week. "Plans are underway to handover more than 100
houses per week, until all the rightful owners take ownership of
their homes, while a complete list of the 1600 beneficiaries
would be published this week," said N2 Gateway Pilot Project
General Manager, Prince Xhanti Sigcawu on Monday. -
allAfrica website
Councillor Martin and the force of accountability - 25
February
Frank Martin, the ward councillor for the Cape Town suburb of
Delft, represents the Democratic Alliance (DA) and has been
accused by the ANC of inciting the backyard dwellers to break
the law by moving into houses allocated to others. In addition
to criminal charges, Martin faces the prospect of disciplinary
action by the DA-led Cape Town City Council for allegedly
breaking the council's code of conduct. If the charges against
him are supported by enough evidence to secure a conviction or
justify disciplinary steps by his peers on the council, his
vilification in the local media over the past week may have been
justified. But that would ignore the real issues behind last
week's disturbing scenes, which were uncomfortably reminiscent
of the apartheid forced removals that plagued the Cape not long
ago. Martin denies encouraging the people he represents to break
the law, but sees no reason to apologise for telling them what
he is convinced is true - that the ANC has fiddled with housing
waiting lists for political purposes, allowing more recent
arrivals in the Cape to jump the queue. There is no denying that
members of the Delft group, almost all of whom are coloured,
have been on the housing waiting list of one authority or
another for at least a decade. -
allAfrica website
Province, city at war about Delft's homeless - 24 February
The provincial government and the city are on a collision course
over assisting the 1 600 homeless Delft residents. It has also
emerged that 400 of the people who were evicted from the Delft
houses are due to be recipients of the very homes they invaded
and which have subsequently been vandalised. -
allAfrica website
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Durban and Coast Local
Division
25 February
2008
17413/2005 [2008] ZAKZHC 10
Zulu v Zulu and Others
19 February 2008
7816/2007 [2008] ZAKZHC 9
Naidoo v Sanbonani Express Freight and Another
Judge slams SA crime rate - 28 February
South Africa's high crime rate and prevalence of firearms were
dissuading some people from visiting the country, said a High
Court judge on Thursday. Acting Judge Sipho Nxumalo sent two armed
robbers to jail for 20 years. -
News24 website
Zuma Case
Zuma's Mauritius court bid rejected - 25
February
A Mauritian judge has refused to allow ANC president Jacob
Zuma to make conspiracy claims against President Thabo Mbeki and
the State in secret. Justice Rehana
Mungly-Gulbul has ruled that Mauritian Attorney-General Rama
Valayden must be notified of Zuma's latest legal bid to stop the
National Prosecuting Authority from obtaining 13 documents seized
by the island's authorities from the offices of Thint.
Zuma's application, in which he accused Mbeki and suspended
NPA boss Vusi Pikoli of conspiring against him, was brought on an
ex parte basis and was therefore not served on the
attorney-general or the NPA. For this
reason, Valayden's office - which has requested the disputed
documents on behalf of the State - could not respond to the
allegations by Zuma that the decision to bring corruption charges
against him and Thint was part of a "carefully orchestrated,
politically inspired and driven strategy to exclude me from any
meaningful political role". Meanwhile,
Zuma's attorney, Michael Hulley, has denied weekend media reports
that Zuma asked Mauritian Prime Minister Navinchandra Ramgoolam to
instruct Valayden to stop ignoring Hulley. -
IOL website
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Eastern
Cape Division
-
http://wwwserver.law.wits.ac.za/echc/index.php
22 February
2008
77/2007 [2008] ZAECHC 13
Nakin v MEC, Department of Education,
Eastern Cape Province and Others
22 February 2008
873/07 [2008] ZAECHC 12
Memani v Road Accident Fund
12 February
2008
CA309/2006 [2008] ZAECHC 11
S v Mahlathi
18 February 2008
CA203/2007 [2008] ZAECHC 10
Ramphal v Minister of Safety and Security
14 February 2008
3355/2006 [2008] ZAECHC 9
DP Cohen Consulting (Pty) Ltd v Amendu Products (Pty) Limited
7 February 2008
4226/2005 [2008] ZAECHC 7
Mseleni v Minister of Safety and Security
1 February 2008
20070748 [2008] ZAECHC 8
S v Mlilwana
'Poison
pineapples' case for court - 29 February
The Eastern Cape pineapple industry is to take Protea Chemicals to
court next month, seeking R100m in damages over claims that
fertiliser the company imported from Hong Kong contained higher
levels of the heavy metal cadmium than specified. As a result, the
industry, which previously accounted for about 3% of the world's
canned pineapples, was expecting turnover to be half what it
normally was. Summerpride Foods, the region's only remaining
cannery, and about 40 farmers are expected to sue Protea
Chemicals, owned by JSE-listed chemicals and explosives company
Omnia Group, which allegedly imported the zinc sulphate fertiliser
from Hong Kong company Zimcon. More than
two years ago Rainbow Chicken brought legal action against Protea
Chemicals after finding unacceptable levels of cadmium in a feed
pre-mix. Noseweek magazine reported this month that the
company had settled out of court. Noseweek mentioned other
incidents of contaminated fertiliser, such as that sold to citrus
farmers in Citrusdal and animal feed supplier Advit. -
allAfrica website
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Natal
Provincial Division
-
http://www.saflii.org.za/
Grieving woman addresses son's killer - 28 February
Bereaved mother Aileen Stephens told the Pietermaritzburg High
Court on Thursday that her son, Lyle Stephens, 28, shot while
taking food to an orphanage in a needy area near Hillcrest.
Mthethowakhe Nzama, 26, was convicted on Thursday of the murder
and aggravated robbery of Stephens. He was jailed for life for the
murder and 15 years for the robbery, near Hillcrest in February
2006. Judge Ron McLaren said the murder and robbery were motivated
by greed. While Nzama did not have the direct intention to kill he
had a reckless disregard for the lives of others. -
IOL website
Man who raped cousin jailed - 22 February
A 23-year-old man who admitted he raped his six-year-old cousin
was jailed for 21 years in the Pietermaritzburg High Court on
Friday. "I cannot imagine how a man can bring himself to commit
such a horrendous crime," Judge Thumba Pillay said. The man was
jailed for 21 years after Pillay found substantial and compelling
circumstances which made the prescribed life sentence for the rape
of a person under 16 years inappropriate for him. Tthe man must
serve 14 years before being eligible for parole. -
IOL website
Gang leader jailed for 33 years - 22 February
A gang leader was jailed for 33 years in the Pietermaritzburg High
Court on Friday. Mzikayifani Kunene of Richmond was unable to
escape with the rest of his gang after a robbery at the Cato Ridge
post office in February 2006. Judge Chimon Patel said that for the
armed robber, a minimum sentence of 15 years was prescribed by
law, but because of aggravated features of the robbery, he imposed
20 years' jail term. Kunene was also
given four 10-year sentences for the attempted murders of
policemen who tried to prevent the robbery - all four 10-year
sentences are to run concurrently - and three years for the
unlawful possession of weapons, making the total 33 years. Patel
ordered that he serve 21 years before being eligible for
probation. - The Citizen
website
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Transvaal
Provincial Division
-
http://www.saflii.org/
; (Court rolls at
http://www.courtroom.co.za/roll.php)
26 February
2008
13878/05 [2008] ZAGPHC 47
Van Zyl NO v Nedbank Limited
Council slapped with court order - 28 February
An order by the Pretoria high court in favour of squatters has
left senior officials of the Blouberg municipality in Limpopo
humiliated.
This after the court ordered the municipality on Monday
to rebuild the 66 shacks it had destroyed in December last year.
The municipality demolished the shacks belonging to
nearly 10000 residents of Desmond Park near Mogwadi, formerly
known as Dendron. -
The Sowetan website
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Witwatersrand Local
Division -
http://www.saflii.org/
28 February
2008
05/9489 [2008] ZAGPHC 50
Olivier v Minister of Safety and Security and Another
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
M&R promises proactive engagement with competition body in
construction sector probe - 28 February
Leading South African construction group Murray & Roberts (M&R),
which is listed in the JSE and has a market capitalisation of more
than R30-billion, says it has adopted a "proactive" policy of
engagement with South Africa's competition authorities, which have
initiated an investigation into possible anticompetitive practices
in the construction industry. -
Creamer Media's
Engineering News website
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Government
and Legislation
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South
Africa Government Information
-
http://www.gov.za
;
http://www.polity.org.za
Statements and
Speeches
28 February
2008
Speech by Marthinus van Schalkwyk, Minister of Environmental
Affairs and Tourism in the National Assembly introducing the
National Environmental Laws Amendment Bill [B35-2007]
26 February
2008
Press comment on findings and recommendations of Parliamentary
ad hoc committee on the review of Chapter 9 and associated
institutions
21
February 2008
The Public Service Commission releases an Overview of Financial
Misconduct and a Report on the Indebtedness of Public Servants
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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
Education Committee
19 February 2008
Conditional grants, school nutrition, HIV/AIDS and learner
transport : department briefing
Health Committee
19 February 2008
National Health Laboratory Services & Council for Medical Schemes
Annual Reports 2006/07 : briefing
Justice and
Constitutional Development Committee
19 February 2008
Office of the Public Protector Annual Report 2006/7
Public Works Committee
20 February
2008
Committee Programme & Other Committee Business
: discussion
Social Development Committee
20 February
2008
Regulations to the Older
Person's Act
: briefing by Department & South African Older Persons'
Forum submission
Transport Department
Committee
20 February 2008
Taxi Recapitalisation Programme : Progress Report by Department,
SANTACO & National Scrapping Agency ;
International Maritime Convention
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Legislation |
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Useful
Links and Items of Interest
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Legal Profession
South Africa
'It is vital that we speak out' - 24 February
Kader Asmal is leaving Parliament to take up an extraordinary
professorship at the university where he lectured on his return
from exile in 1994. "It is extraordinary because they don't pay
me," he says, laughing. Asmal taught at illustrious international
institutions, such as Trinity College in Dublin, Christ's College
in Cambridge and the London School of Economics (LSE). Now, at the
age of 73, he is retiring from formal politics to put his
experiences as a teacher, lawyer, politician and human rights
activist to other uses. - Mail &
Guardian website
Tribute from Trevor Manuel to Kader Asmal - 26 February
Madam Speaker, Honourable Members, I am deeply conscious of the
need to assiduously avoid this sounding either like a CV or an
obituary. There's too much kick in the old pony yet to even begin
to contemplate any of those. This afternoon is about paying
tribute to a colleague and comrade who, for the past 14 years has
given meaning to the title, Member of Parliament. He has served
this institution and the executive so exceedingly well during this
period. - politicsweb
website
'Poephol of the Bailey'
- 12 February
Down our way we use to have what was known as the waggit
- pronounced "wag"
(Afrikaans) "git".
Don’t try looking it up - it has no
meaning other than the one we assigned to it. A waggit is a prank
you play on your articled clerk on the day he or she starts.
- Michael Trapido on the
Thought Leader
blog
Canada
Canadian
lawyers urge US to close Guantanamo - 25 February
Canada's largest legal organization is calling on US President
George Bush to shut down the Guantanamo Bay prison, calling the
operation "a grievous affront to the rule of law".' Few operations
run by democratic governments have shown such shocking disregard for
due process and basic human rights, say the Canadian Bar
Association, launching a tripartite attack today on the military
prison holding Canadian Omar Khadr, the only western citizen still
imprisoned at the base. Teaming up with the Law Society of England
and Wales - and a French counterpart, the Batonnier de Paris - the
Canadian lawyers' group sent a letter to Bush today demanding
closure of the prison. - The Star
website
See also :
Statement on the CBA website
Full
text letter
Ontario law society urges parental leave program to advance women
- 25 February
On Feb 21, the Law Society of Upper Canada's Working Group on the
Retention of Women released a far-reaching report identifying best
practices to promote the retention and advancement of women in
private practice. The key proposals are establishment of a parental
leave program for sole and small firm practitioners, as well as a
practice locum service. -
FP Legal Post website
See also :
Media Release
on the Law Society of Upper Canada's
website
India
Final arguments set to begin on entry of foreign law firms - 25
February
The case
challenging the entry of foreign law firms into the country is a
step closer to resolution with the Mumbai High Court poised to begin
hearing final arguments on it over the next two days. The petition
was filed in 1995 by Lawyers Collective, a legal services provider
that works in areas of public interest, challenging the practice of
three foreign firms, United States' White
and Case Llp and Chadbourne and Parker Llp and UK's
Ashurst Morris Crisp Llp in India after the Reserve Bank of India (RBI)
granted them licences to open up liason offices in the country. The
petition also sought clarity on whether the expression
"to practice the profession of law"
in Section 29 of the
Advocates Act, 1961, would extend to both foreign and Indian
legal practitioners. -
live mint website
United Kingdom
QCs battle against the Law Society - 28 February
The delicious spectacle of dog eat dog -
two QCs pitched against the Law Society in the courts
- looks as if it will settle, thus avoid
an embarrassing dispute. -
Times Online
website
QCs' legal case exposes Law Society tensions - 26 February
An arcane book about lawyers' disciplinary rules has spawned an
unusual legal action that highlights growing tensions in the
tangled new system for regulating the profession. The two QCs who
wrote the book have asked the High Court to order the Law Society,
the solicitors' body, which owns the copyright, to permit them to
reprint the key code of conduct for free in a book they have
written. Critics say the case highlights conflicts of interest in
the dual regulatory and representative role of the Law Society,
which has a duty to publicise the code to its members and a
financial interest in selling its own books on the same subject.
Desmond Hudson, Law Society chief executive, said the Solicitors
Regulation Authority had no power to allow the men to publish the
code. He said the code was available for everyone to download for
free from the internet. The case highlights the increased
financial and regulatory pressures facing the Law Society under
last year's Legal Services
Act - Financial Times
website
Women partners up as long-term prospects improve - 22 February
The proportion of female partners at UK law firms rose by more
than 5% between 2006 and 2007, according to new research, although
women still represent less than a quarter of all partners in
private practice. The latest annual statistical report by the Law
Society, the largest domestic study of its kind, found there were
7 420 female partners in England and Wales as of 31 July 2007 -
equating to 22% of private practice partners. The figure
represents an increase from the previous year's mark of 5 727 in
2006, when women comprised just 17.6% of the total number of
partners. - legalweek
website
Zimbabwe
'Law
Society now a political party' - 29 February
The Minister of Justice, Legal and Parliamentary Affairs, Cde
Patrick Chinamasa, yesterday said the Government no longer treats
the Law Society of Zimbabwe as a professional body but an
opposition political party. This was after the LSZ solicited,
through the British Law Society, and got funding from the British
government to engage in active politics. -
allAfrica website
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South Africa
Business
Business becoming
more difficult - 27 February
The Cape Town Regional Chamber of Commerce and Industry says the new
tax on electricity and the increased tax on petrol and diesel will
add to the cost of doing business and it was difficult to see how
they would benefit the country. "We are
already facing electricity price increases of about 14 percent and
the new tax will take that figure to nearly 20 percent,"
said Dr Gerald Woman, President of the Chamber. "This
is well above the rate of inflation and it will add significantly to
costs". -
Cape Business News website
Conservation
25 February 2008
Policy announcement by Marthinus van Schalkwyk, South African
Minister of Environmental Affairs and Tourism, on the occasion of
the publication of the final Norms and Standards for Elephant
Management, Pretoria
SA Government Information
website
S Africa
announces elephant cull - 25 February
The South African government has said it will allow elephants to
be culled for the first time in 13 years. -
BBC News website
Education
Schools
pledge is undemocratic - 25 February
The schools pledge – which is based on the preamble of the
Constitution – is, according to Education Minister Naledi Pandor,
"intended to internalise those values we
as South Africans have thought to be important".
I believe much of the content of the draft is good. But
is this the best way to communicate values to learners?
Let's consider the pledge in
sections. By Philip Cole,
an independent consultant economist and a school governing body
member resident in East London. -
Dispatch Online website
Emigration and
Immigration
Refugee camp mushrooms - 27 February
A
makeshift refugee camp, housing over 1 000 desperate asylum seekers,
has sprung up on the Foreshore [Cape Town]. This was the startling
picture that emerged when a Cape Argus team visited the area around
Customs House this week. Asylum seekers are flocking to the city
centre in the hope of being assisted by the Department of Home
Affairs in their bid to get legal papers. On the site, there are
three mobile toilets put up by Home Affairs. Only two of these were
working on Tuesday. There is no running water or bathroom facilities
and the stench of urine permeates the air. -
IOL website
Environment
Assmang Inquiry
'Review manganese limit for workers' health' - 28 February
Assmang boss Bryan Broekman has conceded that stricter laws are
needed to protect South African workers from manganese
poisoning, but several large industries might have to shut down
if the new laws were "too strict". Broekman, the chief executive
of one of the country's two major manganese producers, was
giving evidence on Wednesday at a labour department inquiry into
the cause of several cases of sickness at the company's Cato
Ridge factory. - IOL website
State slams Assmang for trying to block hearing - 27
February
The department of labour has accused Assmang of trying to delay
the public inquiry into the exposure of its employees to
excessive manganese dust. The attempt at a delay came when the
company asked the department's officials in the panel to recuse
themselves because they were biased against the company's
management, the department said. It turned down Assmang's
application. - Business
Report website
Blast inquiry goes on in secret - 27 February
The internal inquiry into the death of six workers at the
Assmang factory in Cato Ridge outside Durban continued behind
closed doors yesterday.
Yesterday the National Union of Metal Workers (Numsa)
said it would do everything possible to ensure it also took part
in the inquiry into the deaths. -
The Sowetan website
Assmang application dismissed - 26 February
An application to have a labour department inquiry into workers'
exposure to poisonous fumes at a Cato Ridge ferromanganese
smelter dismissed because of alleged bias, was itself dismissed
this afternoon by the inquiry's
presiding officer.
Labour department inspector Vuli Sibisi announced to
loud cheers that he was refusing an appeal requesting that he
recuse himself from the inquiry in 40 alleged cases of manganese
poisoning at the Assmang ferromanganese smelter in Cato Ridge.
Earlier, Willem le Roux, the attorney representing
Assmang, applied for the inquiry to recuse itself because there
"was a reasonable apprehension of bias" towards the Assmang
management. - The Times
website
Assmang furnace out for up to six months after blast - 26
February
African Rainbow Minerals Ferrous CE Jan Steenkamp said on
Tuesday that the furnace which had exploded at the company's
Cato Ridge works on Sunday would be out of operation for the
next five to six months. -
Creamer Media's Mining
Weekly website
Manganese probe biased, says Assmang - 26 February
A formal inquiry by the Labour Department into workers' exposure
to poisonous fumes at a Cato-Ridge ferromanganese smelter was
accused on Tuesday of not being impartial. Willem le Roux, the
attorney representing Assmang, applied for the inquiry to recuse
itself because there "was a reasonable apprehension of bias"
towards the Assmang management. Le Roux also said it was highly
irregular that the inquiry planned to allow a member -
identified as Bernard Randolph - of the panel to testify. -
Business Report website
Assmang smelter has history of safety issues - 26 February
The shocking safety record of a Durban factory is in the
spotlight following a deadly blast over the weekend. Five
workers were killed in an explosion at the Assmang
FerroManganese Smelter in Cato Ridge and four are still in
critical condition. It is the third lethal explosion in three
years. Richard Spoor, who is representing about 50 workers, says
negotiations between the factory's management and unions broke
down earlier this year. -
SABC News website
Mine deaths investigation under way - 26 February
The inquiry is also tasked with establishing the exposure of
workers to toxic fumes that allegedly resulted in 40 cases of
illness. -
The Sowetan website
Protestors place coffin in meeting hall - 25 February
Workers from a ferromanganese smelter near Durban on Monday
disrupted a labour department manganism inquiry nearby. Their
protest was linked to Sunday's explosion that claimed the lives
of five of their colleagues. The group of about 100 workers from
the Assmang ferromanganese smelter marched from the smelter to
the Cato Ridge Country Club with a coffin, placing it in the
middle of the hall where the hearings were due to be held. -
IOL website
Manganese inquiry takes off today - 25 February
A formal inquiry by the labour department into the exposure of
poisonous fumes at Assmang, a Cato Ridge manganese company, is
due to begin today. The inquiry forms part of an investigation
that started in November 2006, when six workers were reported to
be suffering from possible manganese poisoning. -
Business Report website
Take responsibility, suffering staff tell Assmang - 24
February
Joshua Haaroff and Vikay Naicker are upset that Assmang's owners
appear to be going out of their way to dispute the already
confirmed manganism cases. -
Business Report website
Statement on Department
of Labour's website - 22 February
Manganese poisoning : negotiations fail - 14 February
A digest of
media reports : not the views of
COSATU. -
COSATU Media Monitor website
South
Africa : poisoned worker fights for
justice - 2 June 2007
A brain-damaged factory worker who was poisoned by toxic
manganese fumes has lodged a complaint with the South African
Human Rights Commission after his company attempted to fire him
"via the back door".
- IOL article reported on
Hazards News website
See also :
Assmang :
Environmental policy
http://www.assmang.co.za/au/environmental_policy.asp
Manganism on the
Health Dangers website
http://www.healthdangers.com/toxic-substances/welding-fumes/index.htm
Manganism and
occupational manganese poisoning
http://www.manganismfyi.com
Assmang Explosion on
24 February 2008
State halts Assmang's plan to build new R1bn furnaces - 29
February
The department of environmental affairs and tourism, along with
the KwaZulu-Natal department of agriculture and environmental
affairs and the eThekwini municipality, suspended the company's
environmental impact assessment (EIA) process for the furnaces
following Sunday's explosion. -
Business Report website
Assmang
furnace expansion plans halted - 28 February
Following the explosion at Assmang Cato Ridge's ferromanganese
plant on 24 February 2008, the KwaZulu-Natal Department of
Environmental Affairs and Tourism (DEAT has suspended its
environmental impact assessments (EIAs). According to the
department, the EIAs were being conducted ahead of the
commissioning of two further furnaces at the site which has been
in the spotlight following the death of 6 miners in an
explosion. - allAfrica
website
Motsepe berates Assmang brass over accidents - 26 February
Assmang needed to improve communication between its blue-collar
workers and management to avoid incidents such as the explosion
that killed five people at the weekend, Patrice Motsepe, the
executive chairman of listed African Rainbow Minerals, said
yesterday. Motsepe, whose company owns 50 percent of the
manganese producer, demanded that Assmang's managers ensure that
accidents such as Sunday's explosion at its Cato Ridge plant did
not recur and that they improved their relationship with
employees. - Business Report
website
Manganese explosion : sixth person dies - 26 February
A sixth person injured in the blast at a KwaZulu-Natal
ferromanganese smelter near Durban on Sunday died on Tuesday
afternoon. - Cape Argus
website
Mine deaths investigation under way - 26 February
An inquiry to establish the cause of death of six people after
an explosion at Assmang manganese plant in Cato Ridge in Durban
at the weekend has begun.
The inquiry will look into the health and safety
standards of workers while the factory is temporarily closed.
The inquiry is also tasked with establishing the exposure of
workers to toxic fumes that allegedly resulted in 40 cases of
illness.
Mining magnate Patrice Motsepe, one of the
shareholders in Assmang, visited the plant and was locked in a
meeting with the management, union, eThekwini mayor Obed Mlaba
and provincial MEC for social development, Meshack Radebe. -
The Sowetan website
Assmang workers fear for their lives - 26 February
Workers have refused to go back to work at the Assmang plant in
Cato Ridge, where five of their colleagues were killed in an
explosion on Sunday. A ferromanganese smelter's
furnace exploded at about 4.30am on Sunday, lighting up the sky.
Furious workers have refused to heed calls by their
employer to return to work. -
The Times website
25 February
2008
Durban's massive blast : full-scale probe launched
SA Government Information
website
Manganese blast death toll rises - 25 February
A fifth person injured in the blast at a KwaZulu-Natal
ferromanganese smelter near Durban on Sunday died on Monday
morning. The department of labour on Sunday ordered that all
the furnaces be decommissioned and has launched an
investigation into the explosion. A statement released by
labour department spokesperson Zolisa Sigabi on Sunday said:
"Labour inspectors who immediately arrived at the scene have
in a preliminary report indicated that it is suspected that
a water leakage into furnace number six caused the explosion
to occur. Meanwhile the National Union of Metalworkers (Numsa)
spokesperson Mziwakhe Hlangani said that the company's
engineers had ordered that the furnace be shut down before
the explosion "after it was detected to have a water leakage.
We do not know how and why it was operated by the night
shift staff operators, because it was declared unsafe to put
it (furnace) in operation and we believe drastic steps after
thorough investigations should be taken," Numsa local
organiser Siphiwe Ntsele said. -
iAfrica website |
Deadly blast at KZN furnace - 25 February
Four people were killed when a furnace at the Assmang
ferromanganese smelter in Cato Ridge exploded on Sunday morning.
Several other workers were in a critical state in hospital with
severe burns to their bodies. The labour department said a
preliminary investigation indicated that the impact of the
explosion resulted in the wall of the control room facing the
furnace to collapse, allowing flames to engulf the room. -
IOL website
Assmang
blast kills four on the eve of an enquiry into a debilitating
manganese disease - 24 February
NUMSA website
See also :
Assmang : Cato
Ridge Works
http://www.assmang.co.za/o/manganese/cato_ridge_works.asp
Assmang : Cato
Ridge Alloys
http://www.assmang.co.za/o/manganese/cato_ridge_alloys.asp
Health
26 February 2008
Briefing to the Portfolio Committee on Health by the Minister of
Health M Tshabalala-Msimang
S Government Information
website
Minister considers legislative cure for healthcare - 26 February
Government is to intervene to curb rocketing private health care
costs and prevent the sector's "demise", Health Minister Manto
Tshabalala-Msimang said on Tuesday. The health charter task team,
among others, had been discussing the challenge of making health
care more affordable, she told the National Assembly's health
committee. - Business Report
website
Govt to curb private healthcare costs - 26 February
The government is to intervene to curb rocketing private healthcare
costs and prevent the sector's "demise", Health Minister Manto
Tshabalala-Msimang said on Tuesday. -
Mail & Guardian website
Labour Issues
Lift accident victims 'stable' - 28 February
Two people who were critically injured when a service lift they were
using plummeted to the ground yesterday are in a stable condition in
hospital. CV Shopfitters and Joiners director Chris Venketraju, a
tenant of the three-storey building in Hime Lane, Jacobs, said that
he had complained several times to the owners about the faulty lift,
but nothing had been done. An employee of H and B Properties, which
owns the building, said it was the duty of the tenant to have the
fault repaired and to bill the property owners. -
IOL website
Land Affairs and
Property
Ultimate name change for bond originator - 29 February
Bond originator MortgageSA announced yesterday, Thursday, 28
February 2008, that it will be changing its name to
"ooba" and is
launching a new credit card for homeowners. The name change
reflects the company's evolved offering which now extends beyond
bond origination.The company's fully integrated homeowner services
offerings have been re-branded oobasearch, oobabond, oobainsure,
and oobacard, respectively. -
bizcommunity website
MortgageSA's new lower-case name is überodd - 29 February
If the financial institution hoped to distinguish itself from its
competitors, it has certainly succeeded. It now sounds like a
character from AA Milne. Despite the fact that ooba now has a
silly name, the company has a lot going for it. It is likely to
remain a player in the hotly contested mortgage origination market
for a long time to come. As it says in the release, it pioneered
bond origination locally just less than a decade ago. -
Business Report website
Development
Manage for
better selling value - 26 February
Commercial property investors must be aware of what is required to
maximize all aspects of a property's
value over a period of time before deciding to sell. This is
according to Tony Bales of Bales Delaporte, who says that
investors often make the mistake of waking up too late and decide
to sell their investments before realizing their true value.
"Unlike residential properties,
commercial properties generally have longer term leases in place.
This places constraints on large-scale changes and initiatives to
add value quickly". -
Cape Business News website
Route to affordability could be through off-plan purchasing -
21 February
Buying off-plan is an affordable and convenient option for people
hoping to buy property but find themselves priced out of the
market because of soaring interest rates and high property prices.
"New developments tend to be more
inexpensive than buying established properties,"
says Careen Mckinon, Developments Manager at bond originator,
MortgageSA. - Rodney Hayter
website
Property Law
Why
landowners should form and join fire protection associations -
26 February
Every landowner has a duty in terms of the
National Veld and Forest
Fire Act, 1998 firstly, to prevent and combat veld, forest
and mountain fires and secondly, to stop fire spreading from their
land onto adjoining land. To do this the landowner must, by law,
prepare and maintain firebreaks, and have such equipment,
protective clothing and trained personnel reasonably required in
the circumstances. Firebreaks must meet the requirements specified
in the Act. - Article by Jennifer Nicholson of Deneys Reitz
Attorneys on the Mondaq
website
* * * Free subscription required * * *
Land Reform and
Restitution
KZN community threatens land seizure - 27 February
The community of Msinga in the KwaZulu-Natal Midlands is
threatening to take over farms, accusing the farm owners of human
rights violations. Emotions ran high today when the residents
marched on a farm near Greytown. Police had to use rubber bullets
to disperse the angry crowd. The community claimed the 6 000
hectare farm from the Land Affairs Department in 2005. It now
accuses the farmers of abusing workers and killing their
livestock. - SABC News
website
Grim harvest for SA unless problems are met urgently
- 27 February
Black farmers who have received assistance from the government and
established farmers to become viable commercial farmers, are now
under threat. In a depressing conflict of policies, many new black
commercial farmers who have benefited from government land reform
policies in the past are themselves now subject to land claims.
"I don't see
any provisions in government policy for a person like myself,"
says a land reform beneficiary, who has a pending restitution
claim on his property.
This is one of the many unintended consequences of SA's
current experience of land reform. -
Business Day website
Land reform hobbled by capacity problems - 22 February
At a press conference after the budget speech, Manuel questioned
whether the Agriculture and Land Affairs department would be able
to handle more funds. At the moment, there are just more than
5 000 restitution claims outstanding. At the end of last year,
acting land affairs director general Tozi Gwanya estimated that
R15-billion would be needed to settle all the claims, but
restitution has been allocated just more than R3-billion.
"Instead, what is likely now is that many claims will be gazetted
this year and most of these will be settled and the agreements
implemented over the coming decade or more. The budget confirms
that restitution remains a long-term process," said Hall. -
Mail & Guardian website
Media
Forum of Black
Journalists meeting on 22 February in Johannesburg
Of racists, kaffirs and coconuts (part one) - 26 February
My plan had been to tackle the Coconut Wars in this piece, but this
is already 1 200 words long. I have listened to the voice of my
racist readership accusing me of writing in the African oral
tradition. Article by Ndumiso Ngcobo. -
Thought Leader website
Furore over FBJ and its coconut journalists - 26 February
I have it on good authority that the biggest sellout and
"father of African journalism"
is planning a marathon party among the dead to congratulate white
journalists and their coconut cohorts who have, so far, managed to
suppress the relaunch of the Forum of Black Journalists. As I
understand it, media-created coconut journalists will make speeches
to thank white colleagues for being midwives in the abortion of the
FBJ. In fact, they have effectively suppressed the freedom of black
journalists, if there is such a thing, not only to define themselves
but also to explain themselves to the world. Black journalists lack
a conceptual grasp of what constitutes black journalism. Article by
Sandile Memela. - Thought
Leader website
SAHRC to debate black media forum - 25 February
The South African Human Rights Commission (SAHRC) is to hold a
public forum on complaints of racial prejudice against the Forum of
Black Journalists (FBJ) and the issue of exclusive organisations.
Because the issues raised by the complaint were very complex, the
commission believed an open forum would create both the space and
enabling environment for a full and proper ventilation of the issues
before it. The event would take place on March 5 at the SAHRC head
office in Parktown, Johannesburg, the commission said. -
Mail & Guardian website
702 lays complaint about 'coconut' slur - 25 February
Yusuf Abramjee, Primedia Broadcasting group's head of news and talk
programming, and Talk Radio 702/567 host Kieno Kammies on Monday
laid a formal complaint of discrimination with the South African
Human Rights Commission (SAHRC) over the inaugural meeting of the
Forum of Black Journalists (FBJ). They said the forum was
discriminatory and went against the Constitution. "After we walked
out in solidarity with our white colleagues who were ordered out and
those who were excluded, we were referred to as 'coconuts' - 'black
on the outside and white on the inside'," wrote Kammies and Abramjee.
"We are of the view that the term 'coconut' is not only insulting,
but [also] discriminatory. It was clearly used in a racial context
and this is totally unacceptable and is meant to demean". -
Mail & Guardian website
Zuma and Forum of Black Journalists disgrace South Africa - 22
February
By accepting that there is a place for racism in South Africa you
are confirming that whites-only schools, Afrikaans-only clubs and
any other exclusivity is appropriate. Far worse, your conduct itself
is all the proof that separatists need for a new whites-only state.
[If] you are suggesting that there are different rules for different
groups, that inconsistency would be a recipe for uncertainty, which
will result in a lacuna where the rule of law used to be.
Article by Michael Trapido, specialist criminal attorney and
journalist. -
Thought Leader website
Zuma to chew the fat with black journalists - 22 February
African National Congress president Jacob Zuma is to deliver an
off-the-record address at the inaugural imbizo [meeting] of a forum
exclusively for black journalists in Sandton on Friday. Chairperson
of the newly formed forum's steering committee Abbey Makoe, said the
Forum of Black Journalists (FBJ) was an association "who would
politically in the South African context be defined as of African
descent, coloureds and Indians". Makoe said the body's "modus
operandi" was to "redress inherent past imbalances which affect
journalists as they attempt to work in the public domain". -
Mail & Guardian website
Address :
Forum of Black Journalists - 24 November 2000
Minister Essop Pahad. - GCIS
website
Speech by Deputy President Jacob Zuma to the Forum of Black
Journalists' Fundraising Dinner SABC - 19 October 1999
ANC website
Minerals and Energy
Power levy burden lighter on households - 26 February
Household consumers will not be as heavily hit as industrial users
by the proposed "green" levy on electricity, head of tax policy in
the National Treasury, Ismail Momoniat, said on Tuesday. He was
elaborating on the announcement last week by Finance Minister
Trevor Manuel that a 2c per kilowatt-hour levy would be introduced
this year on the sale of electricity generated from non-renewable
sources. Momoniat told Sapa that "big" users of electricity paid
15 to 20c per kWh, while domestic users paid over 40c. -
Creamer Media's
Engineering News website
Samda wants govt to set up 'resources
bank' to help junior firms - 26
February
Industry group the South African Mining Development Association (Samda)
has called for government to create a "resources bank" funded by
royalties that mining firms will pay under the
Royalty Bill, which
Samda chairperson Bridgette Radebe suggests could be mining's
equivalent of the agricultural sector's Land Bank. -
Creamer Media's Mining
Weekly website
ARM charts aggressive iron ore growth plans - 25 February
miningmx.com reported that African Rainbow Minerals expects to
increase the price of its iron ore by between 65% and 71% for the
coming year as it looks to secure transport and port space to
double its iron ore exports in a ZAR 6 billion project. African
Rainbow Minerals, which holds 50% of Assmang with partner Assore
holding the rest, is to embark on a 12 month in fill drilling
program at its Khumani iron ore mine in the Northern Cape to
ensure the resources are in place to support a doubling of
production. - SteelGuru
website
Municipal Management
and Procedure
Mangaung
Mangaung to
demolish drug, crime dens - 27 February
The Mangaung Municipality in the Free State has embarked on a
clean-up operation which will see the demolition of notorious
buildings which house drug dealers and illegal immigrants. "The
municipality is embarking on a clampdown of all illegal operations
in the city. We want to give our city a face and let it remain
attractive to people of Mangaung, visitors and investors," said the
municipality. This follows a successful campaign of removing illegal
occupants from unlawful structures last week. -
allAfrica website
Tshwane
Free
services for registered indigents - 25 February
The Tshwane Metropolitan Municipality has embarked on indigent
registration drive which will see poor households receiving free
basic services. Indigent households which register for the services
will qualify for 12 kilolitres of free water and 100 kilowatts of
electricity per month. The Council's Health and Social Development,
Member of the Mayoral Committee, Sonto Thipe, said he hoped to
register 90 000 indigent households by the end of June. -
allAfrica website
National Prosecuting
Authority
Scorpions
Scorpions 'fell prey to information peddlers' - 26 February
The so-called "Special Browse Mole Consolidated Report",
dismissed by the Presidency as the product of a campaign by
discredited "information peddlers", was produced illegally by
the Scorpions and in contravention of their mandate,
Parliament's joint standing committee on intelligence said on
Tuesday. The report, leaked into the public domain last year,
outlines evidence that the Angolan intelligence establishment
planned covertly to support former deputy president Jacob Zuma
in his presidency bid. It also refers to a meeting of African
leaders where possible military backing for Zuma was allegedly
discussed, and reports on a meeting of former Umkhonto weSizwe
veterans that apparently suggested that the local security
establishment should support a pro-Zuma coup if necessary.
- Mail
& Guardian website
MPs nail Scorpions - 26 February
The controversial "Browse Mole" intelligence report, which
alleged that the then Deputy President, Jacob Zuma, was
bankrolled by Angola and Libya in support of his presidential
ambitions, was illegally drawn up by the Scorpions, parliament's
Joint Standing Committee on Intelligence (JSCI) announced on
Tuesday. The Scorpions report hinted at possible insurrection by
elements of the security and intelligence services in support of
a Zuma presidency. - IOL
website
Judge wanted SAPS to have same power as Scorpions - 24
February
Judge Sisi Khampepe, who led the inquiry into the future of the
Scorpions, recommended that the police be given the same
resources and powers as the crime-fighting unit.
The Sunday Times has reliably learnt that, in
addition to the recommendations that the Scorpions should report
to the Safety and Security Ministry, Judge Khampepe also
recommended a number of measures to address complaints against
the unit in a bid to save it. -
The Times website
Scorpions and now organised crime? Why not just legalise
corruption? - 13 February
I have worked on many cases involving the Scorpions and the
organised crime unit over the years. While both have their flaws
- who doesn't?
- they are nonetheless our knights in
shining armour and, without a doubt, our spearhead in the fight
against major crime.
They comprise
highly trained and courageous professionals who are proud of
their work. Lest anyone forget, I am a defence attorney and
these units are invariably my opponents. Yet they are
responsible for taking the fight to the criminals, exposing
major crime and giving the people of this country some sense of
security. Article by Michael Trapido, specialist criminal
attorney and journalist. -
Thought Leader
website
The Constitutional
and political implications of
disbanding the Scorpions
Helen Zille's blog
Taxation Issues
Tax on electricity only the beginning : Manuel - 21 February
Finance minister Trevor Manuel has proposed a 10% levy on electricity
consumption which he warns will be only the first step in a
program of fiscal measures aimed at non-renewable resource
consumption in South Africa -
Consulting Web
website
Trade and Industry
Embattled
textile sector seeks state survival aid - 26 February
SA's embattled textile industry is being squeezed to the brink of
extinction by increasing input costs, some of which have risen as
much as 68% due to higher oil prices and a weaker rand. Yesterday,
SA's largest textile manufacturer, Frame
Textiles, called on the government to intervene to save the
industry, which has been earmarked as a key job-creating sector.
This comes amid concerns that high input costs, in addition to SA's
power problems, are increasing pressure on a sector that has already
been forced to cut jobs. - allAfrica
website
Transport
Potholes hitting SA pockets - 26 February
The awful
condition of South Africa's roads is costing motorists more than
R200bn a year. According to South African Roads Federation (Sarf)
executive director Dr Malcolm Mitchell, about R20bn was for problems
caused by the poor condition of the roads, including potholes that
caused damage to vehicles and contributed to accidents. Mitchell
said not just national roads, but provincial and municipal roads
also were in a bad way. He blamed this on the decrease in the number
of professional roads engineers in the public sector, especially
since 2000, and provinces that had one fifth of their required
complement of engineers. -
News24 website
Water Affairs and
Forestry
Sewage overflow into rivers worsening - 26 February
Sewage from scores of badly-run municipal treatment works is
spilling into rivers across the country every day, raising fears
about further outbreaks of water-borne diseases such as cholera and
dysentery. Based on a government sample study of more than 50
small-to-medium-size municipal sewage works across the country,
hundreds of these works across the country appear to be suffering
significant management problems. -
IOL website
"Simply not
enough people committed to the issue of proper water management"
- 25 February
Interview with Denis Hughes, director of the Institute for
Water Research, in the south-eastern South African city of
Grahamstown, who believes there is cause for concern as regards the
incidents of recent months, which have included outbreaks of
diarrhoea caused by water contamination. The
National Water Act of 1998
is one of the best in the world, he says, but adds that he has
reservations about the country's ability to implement this law. -
allAfrica website
Xenophobia
Is black SA turning old friends into foes? - 22 February
I needed the return to Africa badly. I had been away from the
continent for an uncomfortable stretch, carrying out my scholarly
labour in the minefield of North American academe. I still don't
know what it was about us that gave us away as foreigners but
other passengers, all blacks, lapsed into an uneasy silence as
soon as we entered the bus. The tension
in the air was so thick you could cut it with a knife. I had just
experienced, firsthand, South African xenophobia and I was to
experience it again and again throughout my three-month sojourn in
that country. We had been identified as makwerekwere, the
derogatory term used by black South Africans to describe non-South
African blacks. Black South Africans, including President Thabo
Mbeki, found warmth, hospitality, and friendship during their
years of exile in Nigeria. Many black South Africans attended
Nigerian universities on Nigerian scholarships. Prejudice has been
the force majeure of so much of human history. Not to be
outdone, black South Africa has manufactured the ma-kwerekwere as
her unique post-apartheid contribution to this gory pantheon.
Article by Pius Adesanmi, Associate Professor of English and
director, Project on New African Literatures (www.projectponal.com)
at Carleton University, Ottawa, Canada. -
IOL website
Miscellaneous
Rhodes's noisy new library on the way
- 27 February
Rhodes University has almost raised the R110-million needed to
build one of the most modern and unusual libraries in Africa.
Speaking at the launch of the George Hallett photographic
collection of African writers, Rhodes Vice
Chancellor Dr Saleem Badat said they had raised R80-million
and needed only the last R30-million. He was confident the library
would be completed by 2010. The new four-storey building would be
based on a totally new concept. Studying methods had changed.
Students were more interactive, worked in groups and had different
needs from those provided by the more traditional book- based
library. The new library would be wired for internet use, would
make greater use of multi-media and would be noisy. Today's
students enjoy studying while listening to their MP3s, sitting
around work stations and being highly interactive",
library director Gwenda Thomas said. -
The Herald Online
website
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Africa
Kenya
Rift Valley land issues date back to the colonial period - 25
February
As Kenya grapples with how to address the highly complicated land
question, the story of one of the country's
most promising lawyers' struggle to
prove land ownership patterns in parts of the Rift Valley province
and elsewhere comes to mind. Elijah Marima Sempeta was murdered in
early 2005, just months after he had scoured archives in London
for documents the Maasai needed for a suit against both the
British and Kenyan governments over the "loss"
of its land in the early 1900s. His legacy lives on. Sempeta had
secured copies of documents that paint a clearer picture of
pre-colonial and colonial land ownership patterns in many areas in
Rift Valley Province. -
Nation Media website
Zimbabe
Zimbabwe says Britain, US pushing for regime change via elections
- 26 February
Zimbabwe's ambassador to South Africa charged Tuesday that Great
Britain and the United States are stoking tensions in the country
ahead of March elections in an effort to bring about regime
change, warning Harare would not tolerate interference. Ambassador
Simon Khaya Moyo, speaking at the Institute of Security Studies in
South Africa, presented what he said was a letter from British
Prime Minister Gordon Brown to the
Law Society of Britain
in which he is purported to have promised to keep funding
Zimbabwean groups working for "democratic change". -
Voice of America website
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Asia
India
Recommendation on contract labour - 27 February
The Parliamentary Standing Committee on Labour has recommended
including contract workers, who had completed five years of
service, within the purview of the Payment of Gratuity (Amendment)
Bill, 2007. In a report tabled in the Lok Sabha on Tuesday, the
committee said that it found that the contract labour system was
prevalent virtually in every organisation of the government but
the contract workers were being denied their basic rights,
including minimum wages, working conditions, social security, and
continuity of service. The panel strongly felt that the genuine
rights and interests of the contract labour should not continue to
suffer and the government should not only make an overall
assessment of the contract labour system but also review the
systemic flaws and carry out the possible reforms in the
legislation. - The Hindu
website
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Europe
Microsoft fined record £681m for defying EU - 27 February
The European Commission has fined Microsoft a record €899m (£681m,
$1.4bn) for defying sanctions imposed on the software giant for
anti-competitive behaviour. It fined Microsoft what was than a
record €497m (£330m) in 2004 after it found the software giant
guilty of using its near monopoly to stifle its rivals. -
Telegraph website
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Middle East
Iran
EU
attacks Iran's new penal code - 26 February
The European Union has criticised the new penal code being drafted
in Iran, particularly a section that imposes the death penalty for
giving up Islam. The EU said this section and other parts of the
code violated Tehran's commitments under international human
rights conventions. Death for apostasy already exists in Iran
under Sharia - or Islamic - law. But the changes would for the
first time bring the punishment into the criminal code. -
BBC News website
Iraq
'Chemical Ali' execution approved - 29 February
The execution of Saddam Hussein's cousin and henchman "Chemical
Ali" has been approved by Iraq's presidency. He was condemned to
death on genocide charges for killing 100 000 Kurds during the
1988 Anfal campaign against the Kurds in northern Iraq. Chemical
Ali - whose real name is Hassan al-Majid - was initially sentenced
to death in June last year but legal wranglings held up the case.
The execution was approved two days ago, to be carried out within
30 days. - BBC News website
Turkey
Turkey in
radical revision of Islamic texts - 26 February
Turkey is preparing to publish a document that represents a
revolutionary reinterpretation of Islam - and a controversial and
radical modernisation of the religion. The country's powerful
Department of Religious Affairs has commissioned a team of
theologians at Ankara University to carry out a fundamental
revision of the Hadith, the second most sacred text in Islam after
the Koran. The Hadith is a collection of thousands of sayings
reputed to come from the Prophet Muhammad. But the Turkish state
has come to see the Hadith as having an often negative influence
on a society it is in a hurry to modernise, and believes it
responsible for obscuring the original values of Islam. -
BBC News website
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United Kingdom
Anti-Terrorism
Government told to release Iraq minutes - 26 February
The country's information watchdog ordered the government on Tuesday
to release the minutes of cabinet meetings held in March 2003 which
discussed the legal justification for going to war in Iraq. Release
of the documents could embarrass Prime Minister Gordon Brown, whose
predecessor Tony Blair was accused by critics of glossing over
lawyers' initial reservations about launching the invasion of Saddam
Hussein's Iraq. - Reuters
website
Courts
Heiress fights refugee over divorce share-out - 20 February
An heiress who married a penniless East European refugee told the
Court of Appeal yesterday that her "equal shares" divorce
settlement was unfair. Linda Berkeley, who has dual American and
British citizenship, claimed her million-dollar inheritance had
been reduced to just over $168 000 (£86
000) after years of supporting Ardian Bulliqi and his
family. - The Telegraph
website
Criminal Justice
System
Tougher measures for drug dealers - 27 February
Suspected drug dealers' assets could be seized on arrest, rather
than charge, under ministers' new drugs strategy. Home Secretary
Jacqui Smith says it would stop assets being "salted" away - and
said suspects who were "completely innocent" would get their assets
back. The Conservatives and civil liberties group questioned the
legality of confiscating goods before convictions. -
BBC News website
Emigration and
Immigration
Britain may abolish ancestry visa - 22 February
Britain is proposing to sever its historic ties to tens of
thousands of Commonwealth nationals who have an automatic right
through descent to live and work here. The small print of this
week's Home Office green paper charting
new pathways to citizenship suggests the ancestry visa might be
abolished. The visa enables people aged 17 or over whose
grandparents were born in the UK to come for four years and
eventually apply to stay. It is used mainly by young Australians,
New Zealanders and South Africans coming to Britain to work and as
a base to explore Europe. -
The Telegraph website
Health
Drug addicts could lose benefits - 27 February
Drug addicts who refuse to accept treatment will lose their state
benefits for up to six months under new government measures. Home
Secretary Jacqui Smith said the move is part of a 10-year strategy
to help tackle drug-related crime and social problems. -
Reuters website
Land Affairs and
Property
Activists await fight in doomed Heathrow village - 26 February
Sitting in a wood-beamed pub that would be buried under London
Heathrow's proposed third runway, locals Geraldine Nicholson and
Linda McCutcheon say they do not intend to give up their homes
without a fight. The government, business leaders and airport
operator BAA say the world's busiest international airport must
expand or lose out to continental rivals, damaging the country's
economy. - Reuters website
Trade and Industry
Legal threat as supercasino plans dropped - 27 February
Plans for a controversial supercasino were scrapped after
ministers admitted it would have fuelled problem gambling without
boosting the economy. As the Government formally withdrew
proposals to introduce Las Vegas-style gambling to the UK, Hazel
Blears, the Communities Secretary, said a review had found
deprived areas were unlikely to have prospered as a result of the
supercasino. Manchester City Council, which won the bid to run the
UK's first regional gaming centre last
year, said it would wait to see whether the Government came up
with alternative means of regenerating the deprived area in the
east of the city where the supercasino would have gone. Council
leader Sir Richard Leese warned that if regeneration cash
equivalent to the £265 million Manchester had been promised was
not forthcoming, the council would consider legal action which
could cost local and central Government taxpayers many millions of
pounds. - Telegraph
website
Miscellaneous
Sharia law 'would undermine British society' - 27 February
Muslim Sharia law would undermine society if it was introduced in
Britain, Conservative leader David Cameron said today. Mr Cameron
said it would in fact lead to a "legal apartheid". He added that
"state multiculturalism" was also the wrong way to tackle
integration. - Telegraph
website
Clifford Chance chief berates staff for taxi abuse - 26
February
Clifford Chance London managing partner Jeremy Sandelson has
emailed staff to warn them about escalating taxi costs as the firm
looks to tighten its belt during the economic downturn. The firm
will now monitor the use of taxis and will re-examine its taxi
expenses policy if costs do not decrease. The firm's current taxi
policy is that taxis can only be taken if working legitimately on
firm business after 9pm in winter and 10pm in summer. Taxi costs
should never exceed £60 but, according to Sandelson, taxis are
often kept waiting outside the office for long periods with the
meters running. The new HMRC tax guidance on taxis was also
referred to by Sandelson. -
The Lawyer website
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United States
9/11
For engineer, a cloud of litigation after 9/11 - 23 February
Mr Gilsanz, a structural engineer with a small firm in Manhattan,
was one of the legions of people who just showed up downtown after
the Sept 11, 2001, attack to help. Led by Mr Gilsanz, a group of
structural engineers talked their way past the barricades. Despite
the fast pace and cruel terrain, no workers died because of
structural failures or accidents during the recovery. Now, however,
thousands of people have filed lawsuits claiming that they became
ill by breathing the air at the World Trade Center site while
working on the recovery. Finally, one man has sued on behalf of the
United States, claiming that Mr Gilsanz is part of a vast conspiracy
to cover up the truth about 9/11, including the "so-called
building failures". The lawsuit maintains
that exotic weaponry actually destroyed the buildings, and that the
airplanes were mass psychological trickery. Mr Gilsanz is one of
about 130 structural engineers from 30 firms who have been named as
defendants in an enormous cloud of litigation that drifts, year by
year, through the federal court. Joseph
Tortorella, a former president of the Structural Engineers
Association, who is also being sued
and Mr Gilsanz say they had nothing to do with monitoring the air.
"Air quality is out of our realm as
structural engineers," Mr Gilsanz said.
"We were in the same atmosphere, exposed
to the same substances. I took the training with all the workers.
Everyone was told to wear the respirator. It was hard".
A lawyer
for many of the people suing, Paul J Napoli, said the structural
engineers should have made sure that other workers were protected
from contaminants in the air. Anyone who directs workers has a duty
under long-established labor law not to send them into unsafe
conditions without protection, he said. "They
shirked their responsibility time and time again,"
Mr Napoli said. - New York Times
website
Environment
Pentagon declares satellite shootdown a success - 25 February
The Pentagon declared on Monday that its mission to blast apart a
defunct spy satellite with a missile fired from a Navy warship had
been a success. The strike took place 247 km (153.5 miles) above
the Pacific Ocean last Wednesday as the satellite sped through
space at more than 17 000 mph (27
000 kph), according to US officials. -
Reuters website
Potential
health effects associated with hydrazine and satellite reentry
- 25 February
The Centers for Disease Control and Prevention (CDC) is
collaborating with federal partners to address potential health
and safety threats associated with the reentry of an uncontrolled
U.S. government satellite into the earth's
atmosphere within the next few weeks. Because the satellite's
fuel contains the toxic chemical hydrazine, it is possible that
the reentry of the satellite could pose a public health threat if
pieces of it fall into populated areas. The risk of health effects
related to the satellite is considered to be low. However, CDC is
encouraging health officials and clinicians to review information
about the health effects related to hydrazine to prepare in case
their communities are affected by satellite debris.
- Infectious Diseases Society
of America website
Space weapons - 26 February
The interception and destruction of a falling US spy satellite by
the US Navy last week was spectacular in technological terms. In
diplomatic terms, however, it may have been the death knell for
any hopes that the world will ban weapons in space. The diplomatic
problem with last week's satellite
destruction, and with China's similar
action last year, rests with the rapid spread of
"hit-to-kill"
technologies. - JournalNow
website
Running the
numbers : an American self-portrait
This series looks at contemporary American culture through the
austere lens of statistics. Each image portrays a specific
quantity of something : fifteen million
sheets of office paper (five minutes of paper use)
; 106 000 aluminum cans (thirty
seconds of can consumption) and so on. My hope is that images
representing these quantities might have a different effect than
the raw numbers alone, such as we find daily in articles and
books. Statistics can feel abstract and anesthetizing, making it
difficult to connect with and make meaning of 3.6 million SUV
sales in one year, for example, or 2.3 million Americans in
prison, or 410 000 paper cups used every
fifteen minutes. This project visually examines these vast and
bizarre measures of our society, in large intricately detailed
prints assembled from thousands of smaller photographs. The
underlying desire is to emphasize the role of the individual in a
society that is increasingly enormous, incomprehensible, and
overwhelming. - Chris Jordan
website
Health
Administration's
Medicaid Regulations will weaken coverage, harm states, and strain
health care system - 13 February
Taken together, these regulatory changes will reduce federal
Medicaid spending by close to $15 billion over the next five
years. Most of these costs will simply be shifted to state and
local governments, at a time when states have less capacity to
absorb added costs given the economic slowdown and their weakening
fiscal conditions. All of the regulations will shift costs to
states and localities by limiting federal support for services
that have typically been supported partly by federal funds and are
widely seen as important and necessary. -
Center on Budget and Policy
Priorities website
Minerals and Energy
Millions
hit by Florida power cut - 27 February
More than three million people in southern Florida were left
without power as power stations across the state shut down. People
were stranded in lifts, while several hospitals and Miami airport
had to use back-up power, said officials. Hundreds of thousands of
homes were without electricity and traffic ground to a halt in
many places. A nuclear reactor was among the plants to shut down.
Power was restored to most parts of the state several hours later.
- BBC News website
Miscellaneous
Obama, BigLaw, and taxes (or : Obama = $34 000 paycut) - 26
February
We all know that Obama wants to end the Bush tax cuts. That is a
3% bump across the board to the bad old days when associates faced
a marginal federal tax rate of 36%. But the real hidden tax is
that Obama plans to end the social-security tax cap. Right now,
you may notice, sometime during the summer or early fall, your
take-home pay suddenly goes up because they stop deducting FICA.
Current law caps social security taxes :
in 2008, the cap is at $102 000. Obama
proposes to abolish this. That mid-summer bump will be no more
: add about several thousand dollars to your annual tax
bill. But social-security taxes are not only on employees. The
government also charges 6.2% to employers that you never see on
your W-2s. But rest assured the partners see this, and will notice
that the expense of keeping an associate has risen several
thousand dollars a year when FICA taxes double and triple. Will
they swallow that additional expense, or take it out of your
bonus? - Above the Law
website
Justices take vehicle-search case - 25 February
A seemingly routine drug arrest in Tucson, Ariz, will be reviewed
by the Supreme Court to clarify the circumstances in which police
officers who do not have a warrant can search the vehicle of a
person who is under arrest. When two uniformed police officers
went to a Tucson house after getting a tip about drug activity
there, Mr Gant answered the door and told the officers that the
owner of the house was not there but would return later. The
officers left and ran a record check on Mr Gant, discovering that
his driver's license had been suspended
and that there was an arrest warrant against him for driving with
a suspended license. The officers
returned to the house and arrested and
handcuffed him. Then a search of Mr Gant’s car turned up a small
plastic bag containing cocaine. After Mr Gant was convicted of
possession of a drug with intent to sell plus possession of drug
paraphernalia, his lawyers continued to try to have the evidence
against him suppressed, asserting that there had been no
justification for the warrantless search of his vehicle. -
New York Times website
Judge makes
lawyers pay for frivolity - 25 February
A federal judge recently got so infuriated by the conduct of two
highly regarded trial attorneys that he overturned a jury's $51
million verdict, then ordered the lawyers to pay the fees and
costs of the opposing lawyers, a sum that could total several
million dollars. He ruled that the entire trial was "frivolous"
and the case filed solely to stifle competition rather than to
protect a patent. - Denver
Post website
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International
Arctic
A
comfy seat among Arctic power brokers - 29 February
For Aaju Peter, it's vital that Inuit are comfortable with the way
the Arctic, and the especially the Northwest Passage, are opened up
to the world. Powerful people will decide in coming years who
controls the passage and what goes through it, and Peter says Inuit
need to be part of the process. Arctic nations, especially Canada,
the US, Russia and Denmark are busy mapping the polar sea floor,
eager to establish claims under the
United Nations Convention on
the Law of the Sea that could give them control over
territory that's home to vast troves of oil, natural gas and
minerals. For Peter, the greatest success was convincing the group
to include language in the agreement recognizing obligations under
land claims agreements to aboriginal peoples in the region. -
Nunatsiaq News website
Environment
In dead water
: merging of climate change with pollution, over-harvest, and
infestations in the world's fishing groups - February 2008
Edited by C Nellemann, S Hain and J Elder. United Nations
Environment Programme
At least three quarters of the globe's key fishing groups may
become seriously impacted by changes in circulation as a result of
the ocean's natural pumping systems fading and falling they
suggest. These natural pumps, dotted at sites across the world
including the Arcitc and the Mediterranean, bring nutrients to
fisheries and keep them healthy by flushing out wastes and
pollution. - UNEP website
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Miscellaneous
The new 'Times Comprehensive Atlas of the World' in the Internet Age
- [February 2008]
The publication of the authoritative 'Times Comprehensive Atlas of
the World' is always a feast for the land of cartographers,
geographers and the like. An atlas is considered the ultimate
cartographic product, and the Times Atlas stands on its own in the
reference atlas category. However, one might wonder if a traditional
paper product like the Times Atlas has a right to exist in our world
of Googles and Microsofts. Before answering this question let's look
at the Atlas itself. It will also be compared with another authority
in mapping and one of its competitors, the "National Geographic
Atlas of the World". -
GEOInformatics website
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