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

Issue no.1114 March 2008

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

Contents
News
Businesswomen's Association
Government Gazette Update
Acts
Bills and Draft Bills
Regulations and Draft Regulations
Consumer Price Index
Free State Provincial Gazette
Gauteng Provincial Gazette
Mpumalanga Provincial Gazette
Northern Cape Provincial Gazette
Western Cape Provincial Gazette
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
Vacancies
Candidate Attorney : Vacancy
Candidate Attorney
Legal Advisor : Vacancy
Legal Manager  : Vacancy
Marketplace
G
Red Pepper Books

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

 
 News
Businesswomen's Association
Sponsored by Nedbank
Durban BWA

Regional Business Achiever Awards 2008

We all know at least one extraordinary businesswoman who has made her mark on the community, a true professional, a successful entrepreneur or someone who has succeeded in starting up her own business? Then, why not nominate her for one of these prestigious Regional Business Achievers Awards?

The Regional Business Achievers Awards, sponsored by Nedbank, actively seek to identify, acknowledge and cultivate entrepreneurial, small business, professional practices and corporate women in the regions where they contribute to the local economy.

We are very excited to announce the addition of a new Category this year : The Social Entrepreneur.

The awards recognize contributions of women in five categories :

1. Start up
2. Entrepreneur
3. Professional
4. Corporate
5. Social Entrepreneur

Please click here for the Criteria and here for the Nomination Form.

Contact Deidre Stemmet on :
Telephone : 031-261 8668
Email :
dbn@bwasa.co.za
Please visit
www.bwasa.co.za

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

 Government Gazette Update
Acts
Co-Operative Banks Act 40 of 2007

GN 217/GG 30802/22-02-2008 *


Bills and Draft Bills
Draft Refugees Amendment Bill, 2008

Explanatory summary
The Minister of Water Affairs and Forestry intends introducing the Bill in the National Assembly during February 2008
GN 315/GG 30835/04-03-2008 *

South African National Water Resources Infrastructure Agency Limited Bill

Explanatory summary
The Minister of Water Affairs and Forestry intends introducing the Bill in the National Assembly during February 2008
GN 313/GG 30827/29-02-2008 *


Regulations and Draft Regulations
Customs and Excise Act 91 of 1964

Amendment of Schedule no.3 (no.3/631i)
GNR 255/GG 30829/07-03-2008 *

Correction notice
Amendment of Schedule no.1 (no.1/1/1357) GNR 1230/GG 30601/21-12-2007 with retrospective effect from 1 January 2008
GNR 256/GG 30829/07-03-2008 *

Correction notice
Amendment of Schedule no.1 (no.1/1/1358) GNR 1257/GG 29455/15-12-2006 with retrospective effect from 1 January 2007
GNR 254/GG 30829/07-03-2008 *

Occupational Health and Safety Act 85 of 1993

Draft Diving Regulations, 2007
GNR 253/GG 30836/03-03-2008 *

Notice of exemption in terms of Section 40(1)
Driven Machinery Regulations 18(5)
GNR 27/G 30829/07-03-2008 *

Petroleum Products Act 120 of 1977

Amendment of the regulations in respect of petroleum products
GNR 269/GG 30845/04-03-2008 *

Regulations in respect of the single maximum national retail price for illuminating paraffin
GNR 268/GG 30845/04-03-2008 *


Consumer Price Index
November 2007 - 155,0

All items (Base 2000 = 100)
GN 324/GG 30828/07-03-2008

Source : Mbali


  Free State Provincial Gazette

Amendment of the Town-Planning Scheme of Bloemfontein

Proc 8/PG 11/22-02-2008 *

Declaration of Township

Bloemfontein : Extension 193 : 3 erven
Proc 9/PG 11/22-02-2008 *

Sasolburg : Extension 66
Proc 10/PG 11/22-02-2008 *


  Gauteng Provincial Gazette

City of Johannesburg

Notice to amend Public Health By-laws
Invitation for public comment
PN 678/PG 59/05-03-2008 *

Gauteng Gambling Act 4 of 1995

Notice to amend Water Services By-laws
Invitation for public comment
PN 679/PG 59/05-03-2008 *

Gauteng Provincial Government

Department of Finance and Economic Affairs
Regulations in terms of Section 84
PN 735/PG 64/06-03-2008 *


  Mpumalanga Provincial Gazette

Govan Mbeki Local Municipality

Credit Control and Debt Collection By-law
PN 68/PG 1512/29-02-2008 *


  Northern Cape Provincial Gazette

Northern Cape Economic Development Trade and Investment Promotion Agency Bill, 2008

PN 1/PG 1174/05-03-2008 *


  Western Cape Provincial Gazette

Western Cape Provincial Treasury

Gazetting of allocations to Municipalities as contained in the Western Cape Adjusted Estimates, 2007 and which were not listed in the Division of Revenue Act 1 of 2007
PN 345/PG 6481/20-10-2007 *


* Source : LexisNexis

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

 News on the Electronic Front
   Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za

11 March 2008
CCT 54/07
Zealand v Minister for Justice
Unlawful detention

Zuma Case

Media Summary

Hearing Date :  11-12 March 2008

CCT 89/07 ; CCT 90/07 ; CCT 91/07 ; CCT 92/07
Thint (Pty) Ltd v National Director of Public Prosecutions, and Others ; Thint Holdings (Southern Africa) Pty Ltd and Another v National Director of Public Prosecutions ; Jacob Gedleyihlekisa Zuma and Another v National Director of Public Prosecutions and Others ; Jacob Gedleyihlekisa  Zuma v National Director of Public Prosecutions

The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.

On 11 and 12 March 2008 the Constitutional Court will hear four related applications by Mr Jacob Zuma, his attorney Mr Michael Hulley, Thint (Pty) Ltd, and Thint Holdings Southern Africa (Pty) Ltd for leave to appeal against three judgments of the Supreme Court of Appeal handed down on 8 November 2007.

The first and third applications concern the lawfulness of various search and seizure operations that were in the main carried out on 18 August 2005 at the offices of Mr Hulley and Thint (Pty) Ltd, and at the residences and former offices of Mr Zuma. These operations were executed under the purported authority of various warrants issued in terms of section 29 of the National Prosecuting Authority Act 32 of 1998 by Ngoepe JP in the Pretoria High Court on 12 August 2005.  Some 250 members of the Directorate of Special Operations of the National Prosecuting Authority were involved in the operations and approximately 93 000 documents were seized, many of them in electronic format.

The second and fourth applications concern the lawfulness of the issue by a High Court judge, purportedly in terms of section 2(2) of the International Co-operation in Criminal Matters Act 75 of 1996, of a letter requesting the Attorney-General of Mauritius to transmit to the Republic of South Africa fourteen documents currently in possession of Mauritian officials and to obtain and to transmit statements as to the documents' authenticity.

The applications for leave to appeal in respect of the search warrants

Messrs Zuma and Hulley successfully challenged the lawfulness of the search warrants and the search and seizure operations in the Durban High Court. That Court held that the state had not proved the need for the warrants, that they were too vague, and that they provided insufficient protection for Mr Zuma's right to attorney-client privilege. A similar challenge by Thint (Pty) Ltd in the Pretoria High Court failed. In the consequent appeals, the Supreme Court of Appeal held, by a 3-2 majority, that the state had shown sufficient need for a search and seizure operation, that the warrants were neither too vague nor too broad, and that Mr Zuma's right to privilege had been sufficiently protected. The court ordered that the state could retain the seized items.

Messrs Zuma and Hulley and Thint (Pty) Ltd now ask the Constitutional Court to order the return of their documents. They say that Ngoepe JP should not have issued the warrants because the state failed to disclose various material facts in its application for the search warrants. They also say that the warrants were overbroad and vague and therefore effectively authorised a general search of the relevant premises, contrary to their right to privacy in terms of section 14 of the Constitution. Finally, they assert that Mr Zuma's right to a fair trial in terms of section 35(3) of the Constitution has been threatened because the warrants did not sufficiently protect his lawyer-client privilege.

The state resists all three arguments, asserting that the warrants, searches and seizures were entirely lawful.  In the alternative, the state asks for an order preserving all the seized items with the Registrar of the High Court for the purposes of the upcoming criminal trials of Zuma and the Thint companies.

In sum, in the first and third applications, this Court must decide whether the searches and seizures were lawful, and if they were not, whether the items seized should be returned to the applicants or preserved with a High Court Registrar pending the criminal trial.

The applications for leave to appeal in respect of the request to Mauritius

The documents regarding the second and fourth applications were originally seized in Mauritius during 2001 from the premises of the holding company of the Thint companies and its director, Alain Thétard purportedly in terms of a search warrant issued by a Mauritius court. Copies thereof were subsequently used as evidence in the successful prosecution in South Africa of Mr Schabir Shaik and his companies on counts of corruption and fraud. The state then successfully applied to the Durban High Court for a letter of request to be issued to Mauritius in terms of section 2(2) of the International Co-operation in Criminal Matters Act 75 of 1996. It wishes to obtain the original documents for use as evidence in the upcoming criminal trials of Mr Zuma and the Thint companies.

On 8 November 2007, the Supreme Court of Appeal unanimously dismissed the appeal of Mr Zuma and the Thint companies against the High Court decision to issue the letter, holding that neither had standing to challenge that decision and that it was lawful in any event.

Mr Zuma and the Thint companies now ask the Constitutional Court to overturn this decision and to prevent the request for documents being issued to the Mauritian authorities. They argue that they have standing to challenge the request, that the State has not shown that section 2(2) was applicable in this case and that therefore the letter of request should not have been in issued in terms of that section, and that the consequence is that their constitutional rights to a fair trial have been threatened.

Again, the state resists these arguments and maintains that the decisions of the High Court and Supreme Court of Appeal are beyond reproach.

In sum, in the second and fourth applications, this Court must decide whether the High Court's issuing the request letter to the Mauritian authorities was lawful.

Zuma takes aim at prosecutor Downer - 14 March
Prosecutor Billy Downer could be forced into the dock - and potentially disqualified from leading the corruption case against Jacob Zuma - if the state is stopped from obtaining original evidence from Mauritius. State counsel Wim Trengove SC argued in the Constitutional Court on Thursday that Downer's cross-examination by Zuma's legal team was one of the scenarios that could follow if the National Prosecuting Authority (NPA) was barred from requesting 14 documents, used to convict Zuma's former financial adviser Schabir Shaik of fraud, from Mauritian authorities. - IOL website

Court reserves judgment on Zuma case - 13 March
A South African court on Thursday put off judgment on whether ANC leader Jacob Zuma can prevent seized documents being used against him as evidence at a corruption trial that could stop him becoming president. - Reuters website

We can't help Zuma, says Mauritius PM - 13 March
The SABC reported today that Mauritian Prime Minister Navinchandra Ramgoolam told media that assisting Zuma would undermine the independence of the judiciary in his country. - Daily News website

Kemp says Zuma documents inadmissible - 13 March
The advocate for African National Congress (ANC) president Jacob Zuma, Kemp J Kemp SC, said in the Constitutional Court yesterday that the state had abused the process when it applied for a letter of request, to Mauritian authorities, to get documents it needed for trial. Kemp said the state used the section that gave it the right to request information for investigations, and not for evidence to be presented at trial. - allAfrica website

Pre-trial pleas 'give justice a bad name' - 12 March
The state has called on the Constitutional Court to put a stop to pre-trial litigation that has resulted in African National Congress (ANC) president Jacob Zuma and French arms company Thint challenging the validity of search and seizure warrants before their criminal trial has even started. "It is cases of this kind, which if left unchallenged, will give administration of justice a bad name," the National Prosecuting Authority's (NPA's) advocate Wim Trengove SC said yesterday. - allAfrica website

Zuma could have burnt documents : Kemp - 12 March
Jacob Zuma had two months to "burn" documents seized in raids if he had wanted to hide them from the court, the Constitutional Court heard on Wednesday. "The searches and seizures took place on 18 August. We had two months to burn things," said Zuma's advocate, Kemp J Kemp, in his replying argument. - IOL website

Zuma counsel 'unconvincing' - 12 March
Judge Yacoob appeared unimpressed by arguments advanced by Zuma's counsel, Kemp J Kemp, and Thint advocate Peter Hodes that the warrants should have been far more specific about what they sought. "It is a broad conspiracy, if it is one, that has used national and international methods," Judge Yacoob said, adding this was why the State needed to ensure it had a "catch-all phrase" in the warrants that would allow it to seize whatever material it thought to be relevant. - Cape Argus website

State sticks to its guns on Zuma - 12 March
If the National Prosecuting Authority had given French arms company Thint notice of plans to raid its offices, vital evidence might have disappeared, the Constitutional Court heard yesterday. The search warrants were used to seize more than 90 000 documents, which are to form the basis of the state's case against Thint and ANC president Jacob Zuma, who goes on trial on charges of corruption, fraud and racketeering in August. - The Times website

Search warrants 'no rubber stamp' - 11 March
Warrants used by the Scorpions to search the premises of French arms company Thint were flawed because they failed to state for which case they were needed, the Constitutional Court heard today. Peter Hodes, an advocate representing Thint, said : "The warrants never indicated that the fraud and tax offences (mentioned in the warrants) were offences committed by Zuma. "There has to be limits of what is covered by the warrants. A case needed to be made out in the affidavit to (Judge Bernard) Ngoepe". The state had had the benefit of a "general ransack persuant to a defective search warrant". - The Times website

Zuma looks for a legal lifeline - 11 March
ANC president Jacob Zuma and French arms company Thint will apply for a lifeline from the Constitutional Court today. Zuma's lawyer Michael Hulley, and Thint, will make a last-gasp attempt for evidence gathered in the Scorpions' 2005 raid to be kept out of court. Zuma's criminal trial, on charges of fraud, corruption and racketeering, is set for August 4 in the Pietermaritzburg High Court. - The Times website

Zuma asks Concourt to rule against Scorpions - 11 March
ANC president Jacob Zuma will take his seat in the Constitutional Court today in a last-ditch bid to prevent key documents being used against him. His legal team will argue that his constitutional rights were violated when the Scorpions raided his home, and that of his attorney, in 2005. Both Zuma and his attorney, Michael Hulley, are claiming that their constitutional rights to privacy, dignity, property and a fair trial were violated by the raids. - Dispatch Online website

Pay up or I'll sue : Zuma - 10 March
Jacob Zuma has threatened the Presidency with legal action for the state's "nonsensical" reluctance to continue paying for his corruption trial defence. But the state attorney's office is adamant that the Presidency will not undertake to pay Zuma's future legal costs, until he provides a detailed account of how he spent the R9-million in legal funding he previously received from the state. - IOL website

Zuma lawyer quiet on legal bills - 10 March
Jacob Zuma's attorney Michael Hulley on Monday declined to comment on a report that he has threatened legal action against the state attorney for failing to pay his client's mounting legal bills. The Star newspaper reported earlier on Monday that Aletta Mosidi, the head of the state attorney's office in Pretoria, had confirmed that she received a letter from Hulley to this effect. - IOL website


Supreme Court of Appeal of South Africa - http://www.supremecourtofappeal.gov.za/index.html ; wwwserver.law.wits.ac.za/sca/index.php ; http://www.uovs.ac.za/apps/law/appeal/

10 March 2008
[2008] SCA 6 (RSA)
Wightman v Headfour (Pty) Ltd [2008] SCA 6 (RSA)
Practice - application - dispute of fact - real, genuine or bona fide - what constitutes. Possession - spoliation - builder making duplicate keys available to owner for limited purpose - whether possession ipso facto lost - owner using keys to place other contractors in occupation - possession taken against consent of builder and illicitly

7 March 2008
11/07 [2008] ZASCA 4
Zietsman v Electronic Media Network

7 March 2008
257/2007 [2008] ZASCA 5
Van Bosch v Charles

Injury ruling could knock accident fund  - 10 March
A landmark ruling by the Supreme Court of Appeal last week could have serious implications for the Road Accident Fund (RAF) as it has opened the way for claimants to include injuries that become evident years later. - Business Day website

See
6 March 2008
[2008] SCA 3 (RSA)
Nonkwali v Road Accident Fund [2008] SCA 3 (2008)


Land Claims Court of South Africa - www.law.wits.ac.za/lcc/

Battle over 2010 stadium land - 10 March
A legal battle for the site of the Nelspruit 2010 World Cup stadium will unfold in the Land Claims Court after a family lodged an application saying the land is rightfully theirs. The Nkosi family will ask the court to review a 2003 decision by then minister of agriculture and land affairs Thoko Didiza to award 6 000ha of land, which includes the site of the Mbombela Stadium, to the Mdluli clan. "We strongly believe that our client has a strong claim," said Bulelwa Khemese, of Werksmans Attorneys, representing the Nkosi family. The Mail & Guardian reported on February 22 that finances, tenders and contracts relating to the construction of the stadium have been the subject of an investigation by attorneys Nkosi Ngobe because of alleged irregularities. - Mail & Guardian website


Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php ; http://www.saflii.org/za/cases/ZAWCHC/

10 March 2008
13189/2007
Homes & Others v Various Occupants & Others
This is an application for the eviction of various occupants, Respondents, from the informal settlement commonly known as Joe Slovo. The Applicants allege that the Respondents are occupying the property in question unlawfully inasmuch as no consent was given to them for such occupation. Within this main application, various other applications were brought. Firstly, as part of the main application, an application was brought for an order in terms of which the Applicants could be allowed to dispense with the forms and service provided by the Uniform Rules of the High Court, and enabling this matter to be treated as one of urgency in terms of Rule 6(12), and in accordance with the provisions of section 5 of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998. Secondly, the essence of the main application, an application for the eviction of the various occupiers (Respondents) from the area known as Joe Slovo informal settlement, and in the event of their failure and/or refusal to vacate the said area, an order to authorize and direct the Sheriff of this Court to enter the premises occupied by the Respondents and to remove all the movable items in the premises to an identified place in the temporary relocation area in Delft and to eject such Respondents in accordance with the schedule which was handed in as annexure "XS31" to the principal founding affidavit. Furthermore, an order in terms of which the various occupiers would be interdicted from returning to the Joe Slovo area for purposes of erecting a new informal settlement or from taking up residence thereat in a manner that undermines the implementation of the national housing policy and the achievement of the N2 Gateway Housing Project. In response thereto, the Respondents brought an Interlocutory application for review of the various Land availability agreements and the decision taken to eject the occupants from the property. To counter this interlocutory application, applicants brought a Rule 30 Application to set aside same as being unprocedural and irregular
Keyphrase :
Delft Eviction Case

Anger at Cape eviction order - 10 March
The Cape High Court has given the go-ahead for the eviction of several thousand residents of the Joe Slovo informal settlement to make way for a housing development. The order, handed down by Judge President John Hlophe on Monday, followed an application by state-owned developer Thubelisha Homes, Housing Minister Lindiwe Sisulu and Western Cape minister of housing Richard Dyantyi. Hundreds of Joe Slovo residents, who had gathered in the street outside the court, chanted angry slogans after the judgment was handed down. - Mail & Guardian website

Slovo site evictions to start on Monday - 10 March
The relocation of more than 4 000 informal dwellers from Joe Slovo in Langa will begin as early as next Monday. This is if the dwellers do not appeal today's Cape High court ruling that orders them to make way for Phase Two of the N2 Gateway Project - SABC News website

Why small local guy should win this video battle - 10 March
Some of the most creative and productive companies in the world own hardly any physical assets, so I would be the last to rubbish the value of intellectual capital. And I have no problem with legal protection being given to the owners of nontangible assets to prevent wholesale copying of other people's original ideas. There is a limit to the protection that should be afforded to knowledge and ideas, though, and that is the point where ideas have been around so long that they can be considered common property, or they are improved upon by others, or enough time has elapsed for the originator to have covered his costs and turned a reasonable profit. A civil case being heard in the Cape High Court epitomises the US approach. Mr Video, the local rental franchise operation, is being sued by US-based film producers Universal City Studios for alleged copyright infringement. In a nutshell, the complaint is that Mr Video has been buying DVDs in the US at a fraction of their cost in SA, and distributing them to franchisees as rental stock. - allAfrica website

Terry vs Trevor - 13 March
Trevor Manuel has been parrying jabs from Terry Crawford-Browne for more than six years, and dishing out a few of his own, but now he wants the Cape High Court to play referee. "If you want to box, box above the belt, and all we say is, we want Queensbury rules," Manuel's advocate, Brian Pincus, told Judge André le Grange, asking for an urgent interdict to stop Crawford-Browne from calling his client a criminal. - Mail & Guardian website

Rath / TACC Case

'Health chiefs have failed our people' - 13 March
The health department has shown a decided lack of enthusiasm for investigating the activities of vitamin entrepreneur Matthias Rath, the Cape High Court was told on Wednesday. "The government has failed completely in its constitutional and statutory duties to protect the health of the public," said Geoff Budlender, advocate for the Treatment Action Campaign (TAC). - IOL website

TAC on the case against Rath - 13 March
On 12 to 14 March 2008, the court action initiated by TAC and the South African Medical Association (SAMA) against Matthias Rath and the Government of South Africa will be heard in the Cape High Court. This court case is critical for the rule of law as it relates to the Medicines Act. - Politics Web website

'People die taking Rath's products' - 12 March
People with Aids were dying because they took Matthias Rath's vitamin products, the Cape High Court was told on Wednesday. The court is hearing a bid by the Treatment Action Campaign (TAC) to force the department of health to stop Rath from distributing what the TAC says are unregistered medicines, and from claiming his vitamins reverse the course of Aids. Advocate Geoff Budlender, for the TAC, told Judge Dumisani Zondi that the issue was not whether Rath was selling the vitamins - he claims he is distributing them free - but about preventing quackery. - IOL website


Durban and Coast Local Division

SA govt taken to court over teacher's salaries - 14 March
The Durban High Court is to hear an application next week by SA Democratic Teachers’ Union (Sadtu) in KwaZulu-Natal against the decision of the Education Department to dock salaries of teachers who went on strike last year. Sadtu wants the court to order the department to refund monies deducted from teachers' salaries. Provincial Sadtu Secretary Sipho Nkosi says the department has reneged on its agreement not to deduct teachers' salaries until they have concluded negotiations on issues related to the strike. - SABC News website


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

EL firms accused of conspiracy - 10 March
Two East London companies have been accused of conspiring against a KwaZulu-Natal businessman to stop him setting up operations in the province. Following an urgent application by Pietermaritzburg businessman Colin van Heerden, Grahamstown High Court judge Elna Revelas on Thursday ordered the sheriff to search the premises of businessmen Bruce Bishop and Tyron Power and attach all correspondence between them. Revelas issued the search warrants after reading startling documents, including one by former police detective Sicelo Ntengento, which read like a Hollywood script. Ntengento, now employed by Qush Security, told how Power infiltrated Van Heerden’s company, Truda Snacks KZN, bribed his employees and procured confidential business information to stop him from operating in the Eastern Cape. - Dispatch Online website


Natal Provincial Divisionhttp://www.saflii.org.za/

10 March 2008
2267/2007 [2008] ZAKZHC 16
Vulindlela Security force CC v MEC of the Department of Public Works, Province of Kwazulu- Natal


Northern Cape Division - http://www.saflii.org.za/

7 March 2008
CA&R 118/07 [2008] ZANCHC 13
S v Blom

7 March 2008
CA&R 117/07 [2008] ZANCHC 12
S v Dlamini

29 February 2008
479/06 [2008] ZANCHC 10
Bens v Sam and Another

29 February 2008
K/S 50/99 [2008] ZANCHC 7
S v Kesielwe

29 February 2008
213/2008 [2008] ZANCHC 6
Actaris South Africa (Pty) Ltd v Sol Platjie Municipality and Another

15 February 2008
754/04 [2008] ZANCHC 9
Langeberg Stene BK v Pick-A-Brick and Others

15 February 2008
CA&R 92/07 [2008] ZANCHC 5
S v Bartlette


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

Justice dept granted leave to appeal - 13 March
The Pretoria High Court has granted the Justice Department leave to appeal its decision against Minister Brigitte Mabandla on applications for presidential pardons. "On Tuesday the court granted the department leave to appeal to the Supreme Court of Appeal in the Mqabukeni Chonco and 383 others' matter. We are busy preparing to appeal," said justice ministry spokesperson Zolile Nqayi. - SABC News website

SARS looks abroad for King's fortune - 12 March
With Dave King now estimated to owe the taxman more than R4bn with interest, the South African Revenue Service (SARS) has launched a full-scale bid to get its hands on all his overseas assets which it believes make up two-thirds of his wealth. Following the sale of King's private jet, a Falcon 900B, for R100m last month after a six-year battle and two Supreme Court of Appeal judgments in its favour, SARS can turn its attention to King's overseas assets, thought to be close to R1bn. SARS is awaiting a judgment in the next two weeks in the Royal Courts of Justice in London which will determine if King must disclose world-wide assets. - allAfrica website

SA lawyer to care for Sudan boy burnt in war - 12 March
Lawyers for Human Rights was on Tuesday appointed as curator to look after the interests of a 12-year-old orphaned Sudanese boy who was severely burned by soldiers three years ago. He is in South Africa to receive medical treatment. The Pretoria high court on Tuesday appointed Jacob van Garderen, a LHR advocate, to investigate all issues pertaining to the child who may not be identified as he is a minor. This includes with whom he should stay while in South Africa, his medical treatment and the education he is to receive while in the country. The application for the appointment of a curator was brought by the Centre for Child Law at the University of Pretoria, which told the court that there was apparently conflict between the child's granny, who came with him to South Africa, and the organisation Children of Fire, which takes care of burnt victims such as this boy. - IOL website

Child support grant saga and who calls the shots - 7 March
A very interesting subplot to the budget has been unfolding over the past few weeks. It involves the negotiations around the extension of the child support grant to children up to 18 years of age between the African National Congress (ANC), Finance Minister Trevor Manuel and Social Development Minister Zola Skweyiya. This may not seem the subject of high drama, but for those in the social security sector it has been a nail-biting example of how politics have shifted since the ANC's national conference in Polokwane in December last year. - allAfrica website


Magistrates Courts

Lower Tugela

KZN employer convicted of child labour - 11 March
A KwaZulu-Natal employer has been fined R8 000 or will have to spend 18 months in prison after being convicted for practicing child labour by the Lower Tugela Magistrates Court. Scrap metal businessman Jisingh Singh was arrested last year by inspectors from the Department of Labour for employing a 13 year-old boy on a full-time basis. - allAfrica website


Competition Commission, Tribunal and Appeal Court - http://www.compcom.co.za/ ; http://www.comptrib.co.za/

South Africa antitrust regulator rejects Netcare fine - 10 March
South Africa's Competition Tribunal rejected a fine imposed on Netcare Ltd, the first time the nation's highest antitrust authority has overruled a settlement agreement. The Pretoria-based tribunal, which rules on antitrust matters like a court, declared the 6 million rand ($760 000) penalty too low in an e-mailed statement today. The fine was set by the Competition Commission, which makes recommendations to the tribunal after studying cases. - Bloomberg website

See also : Cartel Investigations below


   Government and Legislation

Parliamentary Monitoring Group - http://www.pmg.org.za/
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

Agriculture and Land Affairs Committee

12 March 2008
Department of Agriculture Budget and Strategic Plan 2008/09

4 March 2008
Farm Evictions : Briefings from Deputy Minister, Nkuzi Development, Transvaal Agricultural Union of South Africa, Agri SA & National African Farmers Union of South Africa

Arts and Culture Committee

4 March 2008
Arts & Culture Portfolio Committee Strategic Plan and Programme for 2008

Budget Committee

7 March 2008
Second and Third Quarter Expenditure Reports : adoption and consideration

Communications Committee

11 March 2008
Communications Department Strategic Plans & Budget 2008/09

7 March 2008
Digital Television and Broadband : Sentech briefing

4 March 2008
Minister of Communications briefing on Targets and Goals for 2007, State of Nation Address

Correctional Services Committee

7 March 2008
Department of Correctional Services Budget 2008/09 : preparation

4 March 2008
Electronic Monitoring And Inmate Tracking Systems : DCS briefing

Defence Committee

5 March 208
Castle Management change : Discusssion ; SA Army Seminar 21 : Report Back

4 March 2008
Castle Management Repeal Bill & Draft Defence Amendment Bill : Defence Department briefings & German MP’s briefing on German Defence

Economic Affairs Committee

5 March 2008
Department of Foreign Affairs' 2006/7 Annual Report briefing

Education Committee

4 March 2008
Department of Education Budget & Strategic Plan 2008/09

27 February 2008
2001 Unesco Convention on Protection of Underwater Cultural Heritage & 2003 Unesco Convention Safeguarding of Intangible Cultura

Environmental Affairs and Tourism

11 March 2008
National Environmental Management : Waste Bill : finalisation

4 March 2008
Waste Bill : discussion on incineration ; National Environmental Management : Integrated Coastal Management Bill : public hearings

3 March 2008
National Environmental Management : Waste Bill [B 39-2007] : Department response to submissions

Finance Committee

7 March 2008
Statistics South Africa on the Income and Expenditure Survey

5 March 2008
Division of Revenue Bill : Departments of Provincial and Local Government, Minerals and Energy and Water Affairs and Forestry

5 March 2008
Draft Taxation Laws Amendment Bill & Second Amendment Bill : public hearings

4  March 2008
Division of Revenue Bill hearings : Transport, Education and Health Departments’ Capital Spending

4 March 2008
Taxation Laws Amendment Draft Bill & Minerals and Petroleum Resource Royalty Draft Bill : Briefing

29 February 2008
Budget 2008:  submissions by NEDLAC Community Constituency - Black Sash & Financial Sector Campaign Coalition, FEDUSA & BUSA

27 February 2008
Tax and Exchange Control Proposals : briefing by Treasury, submissions by Tax Experts

27 February 2008
Expenditure Trends of all Provincial Departments : 3rd Quarter; Budget Process Workshop

27 February 2008
Tax and Exchange Control Proposals : briefing by Treasury, submissions by Tax Experts

Foreign Affairs Committee

5 March 2008
Department of Foreign Affairs' 2006/7 Annual Report briefing

5 March 2008
G8's Commitment Towards Africa : Foreign Affairs Department briefing

27 February 2008
Trade Negotiations : briefings : Dep Minister, Trade & Industry & Minister of Foreign Affairs

Health Committee

11 March 2008
Department of Health : Budget and Strategic Plan 2008/09 & Briefing on Tobacco Products Control Amendment Bill

4 March 2008
HIV / AIDS Dual Therapy : Department of Health briefing

Home Affairs Committee

11 March 2008
Committee Programme : Adoption ; Refugees Amendment Bill : Briefing by the Deputy Minister ; Director General's Allegations : Discussion

4 March 2008
Meeting with the Home Affairs Director General

Housing Committee

5 March 2008
National Housing Development Agency Bill : public hearings

4 March 2008
Public hearings on the Housing Development Agency Bill

27 February 2008
Passage of Housing Development Agency Bill : discussion

Joint Monitoring Committee on Children, Youth and Persons with Disabilities Committee

5 March 2008
State of Nation Address : Office on the Status of Disabled Persons briefing

29 February 2008
State of the Nation Address : briefings by Office on the Rights of Children

Justice and Constitutional Development Committee

5 March 2008
Jurisdiction of Regional Courts Amendment Bill : deliberations

4 March 2008
Jurisdiction of Regional Courts Amendment Bill : public submissions & Implementation Policy briefing

Labour Committee

11 March 2008
Nedlac Workplan and Budget 2008/09

4 March 2008
Department of Labour Strategic Plan and Budget 2008/09

Local Government and Administration Committee

4 March 2008
Kwazulu Natal Local Municipality Interventions Progress Reports : Amajuba & Umzinyathi Districts, Newcastle Local Municipalities

4 March 2008
Local Government Laws Amendment Bill [B28b-2007] : Finalisation

Matters Relating to Ex-Mineworkers Committee

10 March 2008
Fidentia : Curators' briefing

29 February 2008
TEBA and Eastern Cape Department of Health : briefing

Mineral and Energy Affairs Committee

11 March 2008
Draft Minerals and Petroleum Resources Royalty Bill : public hearings

5 March 2008
National Electricity Shortage Response Plan

Private Members' Legislative Proposals Committee

7 March 2008
Transnet Pension Fund Amendment Bill : Further Discussion & Buthelezi Constition 18th Amendment Bill to Amend the Current Executive System

Buthelezi calls for re-introduction of PM - 14 March
IFP leader Mangosuthu Buthelezi has called for the re-introduction of a Prime Minister as head of government in South Africa. Introducing his Draft Bill to Parliament's Committee for Private Members' Legislative Proposals, he said the President should be above party politics. - SABC NEWS website

Provincial and Local Government Committee

11 March 2008
South African Local Government Association, National House of Traditional Leaders & Municipal Demarcation Board : Budget Review

Public Accounts Committee

5 March 2008
Eskom, Department of Sports & Recreation Audit Qualifications & Boxing SA

Public Enterprises Committee

28 February 2008
Strategy Plan and Budget 2008-2011: Department of Public Enterprises

27 February 2008
Department of Public Enterprises Budget briefing

Public Service and Administration Committee

5 March 2008
Public Service Commission 2008/09 Budget

Public Services Committee

5 March 2008
Briefing on the Social Housing Bill B29B of 2007

Safety and Security Committee

7 March 2008
Second-Hand Goods Bill : deliberations

5 March 2008
Second-Hand Goods Bill : public hearings

4 March 2008
Second-Hand Goods Bill [B2-2008] : Public hearings

27 February 2008
Second-Hand Goods Bill B2-2008 : briefing

Science and Technology Committee

11 March 2008
Human Sciences Research Council Strategic Plan and Budget 2008/09

4 March 2008
Council for Scientific and Industrial Research Strategic Plan for 2008/09

Social Development Committee

5 March 2008
Committee Programme : adoption

Sport and Recreation Committee

4 March 2008
Cancellation of Department of Sport and Recreation 2008/09 Budget and Strategy briefing

Trade and Industry Committee

11 March 2008
SA Customs Union : Functions And Challenges : Tralac briefing

7 March 2008
SAMAF- Budget And Strategy Meeting 08/09, SEDA – Business Plan And Budget 08/09

5 March 2008
Industrial Development Corporation (ICD), National Empowerment Fund (NEF), and Khula Budget and Strategic Plans 2008/09

29 February 2008
Cartel Investigations : Competition Commission briefing

Transport Committee

11 March 2008
Budget Hearings on the Rail Safety Regulator

4 March 2008
Cross-Border Road Transport Amendment Bill [B51- 2007]

27 February 2008
Cross Border Road Transport Amendment Bill : Transport Department briefing


   Useful Links and Items of Interest

Legal Profession

Ireland

Government waters down watchdog plan to curb rogue lawyers - 12 March
The Government rowed back yesterday from proposals for full independent policing of the legal profession, despite a series of scandals involving solicitors. Instead of establishing a legal services commission with the power to regulate barristers and solicitors, the cabinet has approved a bill to set up a legal services ombudsman. This body will have the power to oversee complaints made by members of the public about inadequate services, excessive fees and misconduct. But the disciplinary process itself will still be controlled by the Law Society and the Bar Council of Ireland. - Independent [Ireland] website

Efforts to secure collapsed site - 12 March
Efforts are continuing to secure a building site in Belfast in which six people were injured after concrete framework collapsed. The men were injured when the platform they were working on gave way as concrete was being poured. It's not yet known when work on the new Law Society building will begin again. Some workers fell about 30 feet and had to be pulled free from steel girders, scaffolding and rubble. - BBC News website

Tests after scaffold collapse in Belfast - 11 March
Health and safety officials in Northern Ireland are continuing to examine a building site in Belfast city after yesterday's scaffold collapse. Work on the construction of the new headquarters for the Law Society of Northern Ireland has been suspended. - RTE News website

United Kingdom

Law Society backs in-house lawyers in landmark privilege case - 10 March
The Law Society of England and Wales has formally applied for permission to intervene in a closely-watched European case that has threatened the ability of in-house lawyers to claim professional privilege. The body has written to the European Court of Justice requesting permission to speak at a forthcoming appeal during which Akzo Nobel, a Dutch chemicals group, will challenge a European ruling that drew a significant distinction between the status of in-house and external lawyers. - Times Online website


South Africa

Accounting

Company directors urged to study revised corporate law - 13 March
The revised Corporate Laws Amendment Act (CLAA) will revolutionise the role of the audit committee and that of the auditor, and also introduces other pivotal amendments to the 35-year old Companies Act. - itinews website

Black Economic Empowerment and Transformation

Wine Council flexes muscles on social transformation in the wine industry - 12 March
Social transformation in the South African wine industry received extra muscle last week when the SA Wine Industry Council accepted a set of directives that flowed from last year's Making Wine Work for All conference. During its recent board-meeting, the SA Wine Council, organisers of this conference, announced responsibilities and targets for social transformation in the wine industry. "The South African wine industry will take active responsibility for and support economic and social transformation in the wine industry through the application of the Wine Transformation Charter throughout the value chain and through the various directives that were agreed upon by representative industry players," said Prof Kader Asmal, chairperson of the SA Wine Council. - South African Wine website

Black bank fights off 'hostile takeover' - 11 March
The future of South Africa's only remaining black-owned bank hangs in the balance after it failed to comply with banking regulatory requirements. But Meeg Bank is fighting what its officials describe as a "hostile takeover" from its minority partner, banking giant Absa. If the deal, which is more kindly referred to as an amalgamation, goes through the move would see Meeg lose its Black Economic Empowerment (BEE) credentials for the first time in 31 years. - Dispatch Online website

Sasol to unveil final terms of R25bn BEE deal this month - 10 March
South African petrochemicals giant Sasol said at its interim results presentation on Monday that it had reached its final terms of its "huge" black economic-empowerment (BEE) transaction, with an announcement expected later this month. The initial BEE deal stood at R17,9-billion, but grew to a staggering R25-billion since initial announcement was made last year. The new amount included the selling of 10% Sasol ownership to black investors. - Creamer Media's Engineering News website

Agriculture industry bridles at BEE attack - 10 March
Sapa reported that agriculture and land affairs minister Lulu Xingwana said that black economic empowerment (BEE) compliance had to be taken into account before firms were allowed to take advantage of the government's international export agreements. She announced that trade and industry minister Mandisi Mpahlwa had approved and signed an application for the gazetting of the agricultural black economic empowerment (AgriBEE) charter. The department of agriculture was also finalising the formation of the AgriBEE council. - Business Report website

Minister : Black empowerment must factor in export deals - 7 March
Company black-empowerment levels must be considered before firms benefit from international export agreements, Agriculture and Land Affairs Minister Lulu Xingwana said on Friday. "The government has opened the doors for not one race, or one sex . . . but for all the people of South Africa," she told agriculture sector partners in Boksburg. - Mail & Guardian website

Business

Business confidence falls to seven-year low - 12  March
Business confidence levels in South Africa hit a seven-year low in the first three months of the year, after its biggest nosedive between consecutive quarters in over two decades, Stellenbosch University’s Bureau for Economic Research (BER) said on Wednesday. The news came in the wake of upward-marching interest rates, towering inflation, and, of course, the electricity crisis that hit the country in January and February. -Creamer Media's Engineering News website

Criminal Justice System

Judges flout guidelines and let rapists off lightly - 9 March
Judges are under fire for dishing out light sentences to rapists based on shocking court rulings - that include an attacker having intended "no harm" to five victims other than to satisfy his lust. Women’s groups are demanding judges show more compassion for rape victims and want attackers handed much harsher sentences. This follows research by the University of Cape Town's Gender, Health and Justice Research Unit, which has named judges who fail to impose minimum mandatory sentences on rapists. - The Times website

Bids in for five new private–public prisions - 7 March
The first private-sector bids are in to build and manage what will be South Africa's five newest prisons, reports the Department of Correctional Services (DCS). The DCS is developing five public-private partnership (PPP) prisons - which means these facilities will be built and managed by the private sector, on behalf of government. These correctional centres will be built in Nigel (Gauteng), Port Shepstone (KwaZulu-Natal), East London (Eastern Cape), Klerksdorp (North West), and Allandale (Western Cape). "These are now known as the five PPP projects," states the DCS. - Creamer Media's Engineering News website

Debt Collection

Law body tackles debt collection system - 10 March
The SA Law Reform Commission (SALRC) has made recommendations regarding the abolishment of administration orders. The recommendations, to be considered by parliament, were handed to Justice Minister Brigitte Mabandla recently. They are based on research conducted by the SALRC into anomalies in the debt collection and recovery industry. Senior SALRC researcher Tienie Cronje said administration orders were carried out under the Magistrates' Courts Act, but the industry nevertheless had been left largely unregulated. - IOL website

South Africans are living on the credit edge - 10 March
More South Africans are applying for credit everyday. Studies have revealed how South Africans are living on credit. Of the roughly 17-million credit active South Africans, nearly 6,5-million blacklisted are on record as not creditworthy. The SA Law Reform Commission has recommended a time limit of five years for debtors to make repayments on their debt, thereafter the debt would lapse. - IOL website

Attorney's crusade to get people out of jaws of debt - 7 March
If Stephen Logan wore a cloak, you could call him the caped credit crusader. This mild-mannered debt counsellor and attorney who works out of an office in Dunkeld is passionate about consumer rights. When it comes to consumer credit, he wrote the book, literally. As he sits down to lunch he starts on the topic straight away. "There's such desperation. Debt counselling offers a route to get to an affordable payment amount," he says. Logan was the second debt counsellor recognised under the National Credit Act that took effect in June last year. - allAfrica website

Eastern Cape

Outstanding EIAs to be finalised soon : MEC - 12 March
The department of economic development and environmental affairs (Dedea) aimed to finalise all outstanding environmental impact assessment by September this year, MEC Mbulelo Sogoni said yesterday. The MEC said the recent Appeals Court ruling with regard to illegal structures on the Wild Coast had "greatly strengthened our resolve to put a stop to land grabs and the activities of unscrupulous developers on the Wild Coast. We are now taking the fight to environmental crime syndicates that have for some time been robbing museums, as well as private and state game reserves of highly valued rhino horns". - Herald Online website

Biodiversity expert questions biofuels plan - 12 March
The Port St Johns area is set to be a key proving ground for Bhisho's newly unveiled macro-conservation plan, with an intensive development project balanced against exceptional eco- value, in an area of soaring poverty. - Herald Online website

Environment

Environ challenges must be managed better - 11 March
Poor countries must manage their environment better if they are to survive, says President Thabo Mbeki. In his message on Commonwealth Day, held on Monday, the President said : "Better environmental management is not just a matter of preserving our natural heritage. It is a matter of survival". - allAfrica website

Durban beaches in serious trouble - 14 March
Durban has lost the majority of its "blue flag" swimming beaches, the Mercury newspaper reported today. The city has already lost four out of six flags, and one of the remaining two flags is likely to be pulled soon because of unacceptable faecal pollution readings. The South African co-ordinator of the international Blue Flag beach scheme, Allison Kelly, said there was no clear explanation for the sudden deterioration in beach water quality. "It appears that there could be many factors causing the problem, from polluted rivers, illegal connections between sewage and storm-water systems, or possibly huge sewage spills. "But whatever the cause, we are really concerned about the water quality on the eThekwini beaches". - SABC News website

SA enviro lawyer honoured amongst world's Planet Savers - 10 March
South African environmental lawyer Cormac Cullinan has been honoured for his contributions to the environment in a book entitled Planet Savers : 301 Extraordinary Environmentalists. Desmond’s book applauds Cullinan for his pioneering work in the development of environmental law and policy. As a director at South Africa's first environmental law firm, Winstanley & Cullinan, Cullinan has acted on behalf of a wide range of public sector, private sector and non-governmental organisations. Some of his work includes the drafting of the Integrated Coastal Management Bill, waste legislation for KwaZulu-Natal and laws governing sustainable land use in the Western Cape.
Cullinan is also the founder of EnAct International, a London-based environmental law and policy consultancy. In 2003 Cullinan wrote and published a book entitled Wild Law : A Manifesto for Earth Justice. - SA : The Good News website

 Electricity sector has significant emission reduction potential, prof says - 10 March
Climate change was no longer debatable at Eskom, and was receiving a significant amount of attention from the electricity utility's Research and Innovation department. In terms of greenhouse-gas (GHG) emission mitigation, the ideal was said to be that emissions peak in 2015 and decline thereafter, but University of Cape Town Energy Research Centre associate professor Harald Winkler indicated that South Africa was "not going anywhere near that at the moment". He added, however, that there was significant emission reduction potential in the electricity sector, as well as the building sector. South Africa was a signatory to the United Nations Convention and the Kyoto Protocol, but, as a developing country, did not have quantified mitigation commitments under the protocol. - Creamer Media's Engineering News website

Storm knocks out refineries - 13 March
Two of South Africa's biggest oil refineries have been completely or partly knocked out by the heavy rainstorms which battered Durban on Tuesday night. Municipal staff also had to break open the mouth of the Isipingo River on Wednesday to prevent a tide of raw sewage from wiping out fish life in the Isipingo estuary after several large sewage lines were torn open. Some sources estimated that up to 30-million litres of untreated sewage had flowed into the river in a day, and it could take several days to plug the flow. A preliminary analysis of rainfall readings also suggests that the storm was comparable to a one-in-50-year or possibly a one-in-100-year storm event, according to senior eThekwini official Andrew Mather. - IOL website

Human Rights

12 March 2008
CGE in Equality Court case on Umlazi trousers incident, Durban
SA Government Information website

11 March 2008
CGE and partners meet Taxi Association on the mini-skirt matter Johannesburg
SA Government Information website

Definite 'no' to death row : Asmal - 8 March
Human rights lawyer and outgoing ANC MP Kader Asmal has urged the South African government to intervene on behalf of a South African who faces the gallows in Botswana. This follows the Botswana High Court's handing down of two death sentences to Michael Molefe on Friday. - IOL website

Death penalty:- let country vote - 7 March
African National Congress (ANC) president Jacob Zuma says if enough people want the death penalty returned, SA should hold a referendum on the matter. Zuma made the comment during a wide-ranging interview with the Financial Times. While Zuma told the newspaper he supported the ANC's position against the death penalty, he said he could not stand in the way of debate on the issue. - allAfrica website

Insurance

Ombudsman for long-term insurance : a practical perspective - 14 March
The differences between the role of a Judge and that of an Ombudsman. I was appointed as Ombudsman with effect from 1 June 2007, and having now served as such for 9 months and 1 week I have come out of confinement, so to speak, and am in a position to share with you my impressions of the new experience. Article by Brian Galgut. - itinews website

Labour Issues

Workers ask Mbeki for extra public holiday - 12 March
Workers have asked President Thabo Mbeki for an additional public holiday this year. This comes in view of two public holidays - Good Friday and Human Rights Day - falling on the same day next week. Federation of Unions of SA (Fedusa) general secretary Dennis George said yesterday that although provision was made in the Public Holidays Act of 1994 for public holidays that fall on a Sunday, the legislation was silent on public holidays falling on the same day. Both public holidays fall on March 21. - allAfrica website

Good Friday may be great Friday - 11 March
Agreement on remuneration for the two public holidays - Human Rights Day and Good Friday - which both fall on March 21 should be reached before the date, a legal expert warned on Tuesday. With both falling on the same day an employee is entitled to regard it as two separate public holidays and in the absence of any agreement entitled to be paid the remuneration for both, Brian Patterson, director and joint head of Deneys Reitz Attorney's labour division, said on Tuesday. He said the exact nature of the remuneration could be argued either way. - Fin24 website

Land Affairs and Property

Development

SAPOA advocates positive incentives to encourage consumers to comply with electricity regulations - 10 March
Months of rolling blackouts have made the need for demand-side management of electricity consumption more urgent than ever and SAPOA is pleased to see that the Department of Minerals & Energy is working on draft electricity regulations to address the situation. "We fully support the intention of the proposed regulations," says SAPOA CEO Neil Gopal. "However, we believe that the tone of the regulations is unnecessarily negative. A positive incentive would be more effective in encouraging good consumer behaviour". SAPOA identifies several specific sticking points in the draft regulations. - itinews website

Flexible offices comes to Cape Town - 10 March
Habitaz Global Workspaces, local developer of the world's first pay-per-use office card, has brought its flexible office concept to Cape Town's prestigious new Convention Tower to provide much needed office facilities to mobile workers, international visitors and established companies in the city. Habitaz provides fully serviced private office suites on flexible lease terms, making landmark offices available to companies needing less space than what is on offer in the traditional leasing market. - Cape Business News website

Unrealistic asking prices holding up the property market - 11 March
Sellers who demand unrealistic prices for their properties are increasingly finding that, together with more show days, their properties are sitting on the market for longer periods of time. The net effect is an overall slow-down in the property market. - itinews website

Higher rates and Credit Act has cooling effect on KZN market - 7 March
Tightening economic conditions, energy supply problems and political infighting within the African National Congress has had a distinct cooling effect on KwaZulu-Natal's residential property market in the opening two months of this year, according to RE/MAX of Southern Africa. - Rodney Hayter website

Property Law

Draft law to make building hijacking illegal - 13 March
Draft legislation tabled in Parliament on Monday seeks to prevent illegal evictions, but includes safeguards against building hijackings. According to a memorandum attached to the draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, many buildings, particularly high-rise buildings, have been and continue to be occupied unlawfully, often at the instance of non-owners who then collect rent from the illegal occupants. The bill proposes the definition of "land" be expanded to include "buildings and structures on land". An "unlawful occupier" is defined as someone occupying land without the owner's consent, or without any other lawful right to occupy it. - IOL website

Minerals and Energy

Assmang refuse union-appointed investigator - 13 March
Numsa yesterday stated that the Assmang, the iron ore and manganese producer, had declined a union-appointed investigator access to the company's electronic data and information from interviewing workers at its Cato Ridge ferrometal smelter. The union had appointed Nick Haywood to investigate the cause of the explosion, but the Assmang management had restricted his efforts to investigate. - McGregor BFA website

Union conducted own investigation into Assmang blast - 12 March
The National Union of Metalworkers of South Africa (Numsa) said on Wednesday that the efforts of the expert it had appointed to investigate the blast at Assmang's Cato Ridge works had been hampered. Numsa spokesperson Mziwakhe Hlangani explained that University of Cape Town's industrial health resource group expert Nick Haywood had been at the Cato Ridge plant two day's after the blast, which occurred on February 26, to begin investigations, but that he had encountered difficulties with gaining access to information and permission to interview staff at the workplace. - Creamer Media's Mining Weekly website

Assmang says blast cuts ferromanganese output - 11 March
South Africa's Assmang will lose up to 50 000 tonnes of high-carbon ferromanganese and 7 000 to 8 000 tonnes of refined ferromanganese until the end of June because of a furnace explosion at its Cato Ridge plant last month, a company official said on Tuesday. Assmang, jointly owned by African Rainbow Mineral and Assore Ltd, would start recommissioning its furnaces at the plant towards the end of March, Jan Steenkamp, head of ARM's iron ore unit, said. - Reuters website

Municipal Management and Procedure

Municipal Scopas 'need skills to perform' - 13 March
Analysts and opposition parties say municipal public accounts committees - which were formed in Gauteng last year as part of a pilot project - can improve accountability and service delivery provided they are given capacity and enough powers to do their job. The municipal standing committees on public accounts, also known as Scopas, were launched by Gauteng local government department MEC Qedani Mahlangu last year to promote oversight and accountability in municipalities. Last week the Scopas held a workshop to discuss challenges and share ideas. - allAfrica website

SALGA to addresss service delivery in municipalities - 9 March
The South African Local Government Association (SALGA) is to address service delivery in municipalities at its National Members Assembly (NMA) in Sun City. The two-day NMA, which kicks off on 19 March in the North West, will focus on strategic issues in the local government sector, more specifically on enhancing municipal service delivery. The theme of the Assembly is "Deepening Developmental Local Government in Building a Caring Society". The NMA is expected to draw a large pool of participants, both local and international, overall, about 15 00 delegates are expected to attend the event. - allAfrica website

Farmers and amakhosi unite against rates - 13 March
Traditional leaders have joined commercial agriculture in KwaZulu-Natal in criticising the extension of property rates to rural areas. Last week, Senele Magwaza-Sibisi, mayor of the Zululand District Council, said implementation of the Municipal Property Rates Act would cause "conflict and animosity" between town and country. - Business Day website

eThekwini

Ethekwini welcomes urban development zone extension - 10 March
The eThekwini Municipality has welcomed the extension of the inner-city Urban Development Zone (UDZ), which has proved most successful and beneficial to the city. The urban renewal tax incentive scheme, originally set to expire in March 2009, has been extended by government for a further five years to enable the private sector to play an increasingly significant role in assisting with the development of South Africa's inner cities. - allAfrica website

Press Release : 7 March 2008

Investors looking to capitalise on a national Government Urban Development Zone (UDZ) tax incentive have been given a break, thanks to Finance Minister, Mr Trevor Manuel.

The scheme, originally set to expire in March next year, has been extended by five years to enable the private sector to play an increasingly significant role in assisting with the development of South Africa's inner cities. The announcement formed part of the Minister's recent 2008 Budget Speech in Parliament.

Many cities - and most notably Durban - around the country have registered a growing number of applications by investors and developers during the latter part of the incentive scheme's operating period.

Commenting, eThekwini Municipality's City Manager, Dr Michael Sutcliffe, said : "The UDZ tax incentive was a welcome, if unexpected, innovation by National Government. It has taken a few years for the municipalities to understand the potential impact of the scheme and to optimise take-up by private investors. Most cities are now seeing accelerating numbers of applications. There are also indications that the larger property owners, financiers and investors are more aware of the scheme and are beginning to plan large-scale property developments and refurbishments that will take advantage of the depreciation allowance".

"The extension to the UDZ tax-break scheme expiry date will now allow developers who have committed to enterprises in Durban, and cities around the country, to complete their projects and still qualify for the tax incentives. The move is being regarded in a most positive light by stakeholders around South Africa, all of whom appreciate the additional time allowed. This will have the effect of ensuring a marked increase in overall inner city development, which would have been impossible, but for the Government's decision regarding the UDZ incentive scheme," Dr Sutcliffe added.

Investment valued at more than R1 billion has been committed to Durban's inner-city UDZ, assisting in the arrest of urban decay and contributing positively to the restoration of the city's business and residential status. The eThekwini Municipality already regards the investment turn-around in Durban as being indicative of the overall success of the UDZ incentive scheme in the city and has welcomed the extension as a means of maximising investment and development in previously neglected areas, the result of the displacement of capital from the inner city to other urban areas and the suburbs.

Head of eThekwini Municipality's Strategic Projects Unit (SPU), Ms Julie-May Ellingson, said : "The UDZ incentive scheme has proved most successful and beneficial to Durban. The city has received more than 350 enquiries from prospective investors since the inception of the scheme and forthcoming developments qualifying for the depreciation allowance will bring the total value to some R1,2 billion. This figure is likely to be significantly exceeded now that the scheme has been extended by Government for a further five years. I believe this to be a tremendous boost for our city and one which will greatly assist in rejuvenating both the business and residential elements which make-up the CBD and its immediate surrounds".

The scheme extension means that projects regarded as being under threat of the scheme's cut-off, will now qualify, while others in the pipe-line are set to proceed, giving further impetus to the city's regeneration. Two projects - a residential development in Baker Street and a refurbished building in Hospital Road, now operating as a lodge - have been completed and an additional three projects registered since a February workshop in Durban called to discuss concerns about the scheme's time-frame, which led to the five-year extension. The new projects include a General Motors Dealership on the corner of Prince Alfred Street and Old Fort Road, Himalaya House at 273 Yusuf Dadoo Street, and Albaraka Bank at Kingsmead Office Park.

Durban, in particular, appears to have emerged as a hub of investment activity, driven by the city's dedicated approach to CBD regeneration, its sport and tourism events-led strategy, moves to improving inner-city transport systems and the development of related infrastructure. The success of the incentive is evidenced by the development of the new Standard Bank regional offices at Kingsmead Office Park, the recently launched ABSA building in Gardiner Street, the JBS building, housing a Mr Price shop, and the Olwandle Guest House in Stalwart Simelane Street, amongst others.

For more information, contact :
Ms Fikile Ndlovu
eThekwini Municipality
Strategic Projects Unit, Loram House, 70 Masabalala Yengwa Avenue, Durban
Telephone : 031-311 4731
Fax : 031-311 4727
Email :
ndlovufikile@durban.gov.za

Rates hike fury mounts - 13 March
Thousands of objections, including those from almost an entire Durban neighbourhood, are expected to flood municipal offices as fury over council's market valuations and rates increases mounted. Claims that the council and city manager Michael Sutcliffe had misled the public have flooded the Daily News, with angry ratepayers claiming their rates will now increase from between 100% and more than 300%. Entire neighbourhoods are now also preparing to lodge objections to their market valuations, including whole streets of residents in the Manor Gardens area above Glenwood. - Daily News website

Your rates questions answered - 12 March
Here are answers to some commonly asked questions on the revaluation process. - Daily News website

ANC's proposal a ploy : opposition - 11 March
An eleventh-hour announcement by the ANC that will lead to massive rates savings for pensioners and the poorest of the poor is being eyed with suspicion by opposition parties, who have labelled the move a clever political ploy. The new rates proposals, to be tabled and possibly approved at today's executive committee meeting after intervention by the ANC's eThekwini region hierarchy, will see pensioners paying no rates on homes valued at R400 000 or less. - IOL website

Press Release : 11 March 2008

eThekwini Municipality Property Valuation Process

The attack on the credibility and integrity of professional valuers used in the general valuation process is indicative of the lengths to which the Democratic Alliance will stoop to bring eThekwini municipality into disrepute.

In yesterday's Daily News the Democratic Alliance's John Steenhuisen is reported to have claimed that the valuations were done by a small team of "possibly under qualified" valuers. Thankfully, the city is not controlled by people like Steenhuisen who clearly have no competence to judge professionals.

The fact is that eValuations assembled probably the largest team of qualified valuers ever used in our municipality to value properties. Attached is the list of valuers from the project. It is clear that most of them are highly experienced, all are registered valuers and were properly designated in terms of Section 35. At least 32 professional valuers were used actively in the project, most undertaking valuations whilst others were involved in training, valuation review and quality analysis.

For the number of residential valuations in the city (480000), it would have been impossible both in terms of cost and timeframe to use valuers to physically inspect each and every property themselves. Instead, one of the most commonly used methods of valuation - Computer Aided Mass Appraisal (CAMA) - was used, and this is an international best practice, and currently used in all of the major metropolitan municipalities in South Africa.

Section 45 of the MPRA states that physical inspection of the property is optional, and that CAMA techniques including use of aerial photography is supported.  To augment the team of valuers, Evaluations employed data collectors, who were employed mostly from technikons, and they were all properly trained by valuers. This is allowed by Section 36 of the Act.  Just from a numbers game, with 20 months to complete 480000 properties, it would have meant 1200 property inspections per day, just for the data collection.  In total we used 150 data collectors, 50% from the construction and engineering departments at DUT with the others from local communities.  All of the data collection was quality controlled by a team of 18 people, using a 10% sample as a proxy for quality analysis. Therefore, there was adequate supervision and processes in place to monitor quality. Access to properties was a major issue, and that is why we are sitting with some problems where people are complaining about overestimates simply because they refused us access to their property and we had to base our valuation on other available information.

All available data was used, including the current valuation roll, the data collected by the valuers and fieldworkers, the data reviewed by the valuation reviews and the many overlays of information we have on our GIS system.  In some cases, where we did not have any information, we used the CAMA system to generate that using statistical methods.

The process of CAMA valuation for mass appraisal is covered by the following core areas :

1. Sales are reviewed to ascertain the market conditions in the various neighbourhoods of the city.  In total, 48 000 sales were reviewed, and after removing 'dubious' and invalid sales, this was reduced to around 30 000. The sales largely drives the modelling process and is key to providing the location factor.

2. Data Collection is undertaken for all properties, and in eThekwini, an attempt was made to collect the necessary data for every single property. In some cases, data collectors visited properties more than once, or made appointments and also left forms that required interested owners to submit their information.

3. The data is then reviewed from a completeness perspective, and where missing data occurs, a statistical technique call 'missing value replacement functions' are used. This was largely used in cases where properties were not able to be accessed, and the technique works on a averaging basis, subject to the location of the property in relation to other properties close by.

4. The CAMA model is developed using the sales.  In areas where there is no sales activity, a benchmarking process is used to generate values that are used as 'dummy' sales.

5. The CAMA model is then applied to the data and valuations are generated.  This is a highly sophisticated process, and widely used globally, even in cities like Calgary, New York City, Chicago, as well as in Europe.

6. Once the values are generated, they are then subject to a review process that looks at values in relation to it's neighbourhood.  Where values are consistently lower or higher, then adjustments are made and the model re-calibrated to generate newer valuers. In other cases, where individual valuers are not in line, then a valuation review process is undertaken to look at these properties.

7. All in all, the process is very standardised and looks for consistency. Obviously, where there are over half a million properties, there will be a degree of error, which is then covered by the objection process.

The city and eValuations are adequately geared to handle 20 000 plus objections, and to date only 1500 have been received.  Most of these are residential valuations, and indeed if we find out the data used in the valuation is incorrect, we will then fix up and revalue very easily.  This can apply either to individual properties or whole neighbourhoods and is subject to information supplied through the objection process. It is also not required that all objections are processed before implementation, and if the property valuations are incorrect, they will be updated and effective from the implementation date, as outlined in Section 55.  If ratepayers have overpayed, then their annual rates will be adjusted and they will be reimbursed accordingly by the municipality.  Alternatively, in the case of under-recovery, the municipality will raise the additional rates from the property owner.

The valuation process for eThekwini is indeed groundbreaking, it is the largest implementation of a municipality moving from a cost basis to a market value system, it brings almost one hundred thousand new sectional title properties that were not valued separately before, and is the first time an end to end valuation of the entire city is being done in a uniform consistent manner.  If anyone thought that this was a simple process, given financial and time constraints, then one should consider other cities in the world, for example, the City of Calgary in Canada has about 400000 properties, and they used 140 qualified assessors to compile the valuation roll. The use of innovation and technology by eThekwini to overcome these constraints, highlights the fact that we are up there with the rest of the world.

I have no doubt that all right-thinking people living in Durban will see the Democratic Alliance's ploy for what it is : a last gasp scramble to try and keep a few elitists from not paying their fair share of rates in our city.

Dr Michael Sutcliffe
City Manager

Contact name / Reg Type / Comments and experience

G Cowden / PV / Over 120 years experience, with municipal valuation, used for training of valuer and data collectors

T D Labuscagne / PV / 33 years experience with several years of experience in municipal valuations. Managed the non-residential valuation process

Y Kader / PAV / 5 to 7 years experience in municipal valuations. Managed the sales review and data collection training

B Rahmin / PAV / 20 years in municipal valuations

B Nyanga / PAV / 10 years experience with several years of experience in municipal valuations

K Louter / PAV / 15 years in municipal valuations and maintenance

L Manci / CV / 3 year in municipal valuations

G Andrews / PAV / Specialised in residential, has 10 years experience, previously worked for municipality

C Hearn / PAV / 15 years in municipal valuations and maintenance

G Swart / PV / 25 years experience, used for value review and training

S Dell / PV / 20 years experience, used for value review and training

L Kirane / PAV / Specialised in residential, has 10 years experience, previously worked for municipality

K Dunkley / / 30 years experience with several years of experience in municipal valuations

P Robinson / PAV / 10 year experience, with market valuation

K Jones / PV / 10 and 15 years experience with several years of experience in municipal valuations

E Chandony / PAV / Work on the project but found that his work did not pass QA and we had to change his values

M Gelman / PV / 15 years in municipal valuations and maintenance

A Stephenson / PV / 20 years experience with several years of experience in municipal valuations and specialised in agriculture

S Aldridge / PAV / 5 years experience with several years of experience in municipal valuations and specialised in agriculture

M Pardey / PV / 20 years experience with several years of experience in municipal valuations and specialised in agriculture

J Terblanche / PV / 20 years experience with several years of experience in municipal valuations and specialised in agriculture

R Pardey / PV / 30 years experience with several years of experience in municipal valuations and specialised in agriculture

N Barber / PAV / 40 years experience with several years of experience in municipal valuations

M Parsons / PAV / 40 years experience with several years of experience in municipal valuations

D Cockhead / PAV / 35 years experience with several years of experience in municipal valuations

D Ward / PV / 50 years experience with municipal valuations internationally. Performed CAMA modeling for ETK the residential and sectional title project properties

I Smoothey / PV / 10 years experience with several years of experience in municipal valuations and CAMA

R Naidu / PAV / 5 years experience  with several years of experience in municipal valuations

Nikki Laubscher / PAV / 7 years experience in residential valuations

B Ryle / PV / Over 10 years in non residential market based valuations

Warren Dárcy / PV / 5 years in non residential market based valuations

Wally Meyer / PV / 30 years plus experience in valuations

Zenzele Gina / PV /10 years in valuations

Johannesburg

City celebrates clean audit - 10 March
Over the past five years the City has overhauled its financial management, enabling it to quadruple its capital budget and boost its credit rating. Then, in January, the City and its 14 municipal-owned entities all received an unqualified clean audit report from the auditor-general for the 2006-07 financial year. - City of Johannesburg website

Officials kick out illegal campers - 7 March
Johannesburg City health inspectors raided an illegal squatter camp in Soweto occupied by workers of a construction company. They gave the company two days to comply with sanitary regulations. The construction company had ignored municipal health and environmental by-laws by setting up the campsite in the middle of a residential area without following required procedures, the inspectors said. Much to the indignation of horrified neighbours, Madlayi Construction put up the camp on land between Letsibogo High School for girls and Tumelo Primary School in Zone 3, Meadowlands. - Sowetan website

uMgungundlovu Municipality

KZN govt takes over Harry Gwala Stadium project - 12 March
Struggling uMgungundlovu Municipality has found itself in trouble over the delay in the refurbishment of Pietermaritzburg’s Harry Gwala Stadium for the 2010 Soccer World Cup. According to a report in the The Witness today, MEC for local government and traditional affairs, Mike Mabuyakhulu, announced yesterday that the provincial government has taken the function of upgrading the stadium away from the district municipality. The stadium is one of the stadiums in KwaZulu-Natal that has been earmarked for use as a training venue during the World Cup tournament. - Kickoff website

National Prosecuting Authority

Community prosecutions can help reduce crime - 12 March
Partnerships between community prosecutors, municipalities, local communities and police forums can significantly help reduce crime rates as well as anti-crime initiatives. This is according to findings revealed on Wednesday by the National Prosecuting Authority (NPA) - sponsored community prosecution project survey, which was initiated in 2006. - allAfrica website

Public Service

"Know Your Service Rights" book unveiled - 10 March
The "Know Your Service Rights" book, unveiled on Monday, will help assess the mechanisms within governmental departments with the aim of taking public service to the people. Speaking at the launch of the book in Johannesburg, Public Service and Administration Minister Geraldine Fraser-Moleketi said : "We are bringing government to the people by working across the social cluster departments to roll out the campaign while assessing and redressing mechanisms within departments. - allAfrica website

Miscellaneous

KZN victims of crime to know their rights - 10 March
Those who fall prey to crime in KwaZulu-Natal will now know their rights on how to get proper and relevant information, protection, assistance, compensation and restitution. This follows the launch of the province's Service Charter for Victims of Crime on Friday at the Camperdown Magistrates Court. KwaZulu-Natal Department of Justice and Constitutional Development regional head Brigitte Shabalala said the Victims Charter is in line with government's vision that seeks to cultivate a human rights culture by ensuring those victims' needs, either material or emotional, are met. - allAfrica website

Mbeki beats trail to Mauritius just weeks after Zuma’s visit - 11 March
Just three weeks after African National Congress (ANC) president Jacob Zuma flew to Mauritius in a bid to frustrate the state’s bid to obtain evidence of corruption against him, President Thabo Mbeki is in that country meeting high-ranking government officials, including members of the judiciary. - Business Day website


Africa

Equatorial Guinea

Africa coup plotter points finger at Spain, South Africa - 12 March
A British former special forces soldier admitted his part in a failed 2004 coup in oil-rich Equatorial Guinea in an interview broadcast Tuesday, but denied he was the mastermind. "I was involved and I was the manager. . . I was the manager. Not the architect and not the main man," Simon Mann told Britain's Channel 4 News in an interview conducted in the jail where he is being held in the capital, Malabo. The former Special Air Services (SAS) soldier instead pointed the finger at the governments of former colonial power Spain and South Africa as well as Ely Calil, a Nigerian-born Lebanese businessman who has British citizenship. - AFP website

Uganda

Museveni rejects Hague LRA trial - 12 March
Uganda's President Yoweri Museveni says leaders of the rebel Lord's Resistance Army (LRA) should face local justice, rather than trial at The Hague. Three LRA leaders including leader Joseph Kony face prosecution at the International Criminal Court (ICC). The LRA insists that the war crimes indictments are lifted before signing a deal to end the long, brutal conflict. - BBC News website

Zimbabwe

SA govt to meet business on new Zim law - 12 March
The South African government would meet with business leaders to see how the country's interests in Zimbabwe could be protected in light of a new law giving locals a controlling share in businesses, Deputy Foreign Affairs Minister Aziz Pahad said on Wednesday.  - Creamer Media's Mining Weekly website

Impala ready for Zimbabwe's new local ownership law - 12 March
Platinum major Impala Platinum (Implats) said that it had planned for the Indigenisation and Economic Empowerment Bill, which was signed into law by Zimbabwean President Robert Mugabe on Friday last week. The law gives black Zimbabweans the right to take a majority shareholding in foreign firms, including banks and mines. Implats, which owns almost 87% of Zimplats, explained that it had planned for this eventuality, adding that it had "agreements in place, which will be taken into account when looking at the overall compliance to the new law". - Creamer Media's Mining Weekly website

Mugabe approves Zim nationalisation law - 9 March
Zimbabwe's President Robert Mugabe has signed into law a Bill giving local owners the right to take majority control of foreign companies, including mines and banks, a government newspaper reported on Sunday. The government has sought to allay business fears of a blanket seizure of companies by saying the authorities would work with different industries to set timetables for foreign-owned firms to transfer shares to locals. - Mail & Guardian website

Jail for defacer of Mugabe poster - 10 March
A man has been jailed for a month for destroying an election poster of President Robert Mugabe, Zimbabwe's Herald newspaper reports. - BBC News website


Asia

China

China court rejects death rulings - 8 March
China's Supreme Court has rejected 15% of all death sentences handed down by lower courts in 2007. Chinese media quoted the Supreme Court chief judge as saying this was due to unclear or insufficient evidence and wrong application of procedures. Huang Ermei said that China had no plans to abolition the death penalty. Amnesty International says China carried out two-thirds of the world's executions in 2006. Official figures are a state secret in China. - BBC News website


Europe

France

Prosecutor seeks Concorde - 12 March
A French prosecutor has asked judges to bring manslaughter charges against US airline Continental over the crash of an Air France Concorde in 2000. The prosecutor also recommended similar charges against two Continental employees and two French officials. One hundred and thirteen people died in the crash outside Paris. A French inquiry said it was caused by a metal strip from a Continental Airlines plane, which shredded one of the Concorde's tyres as it took off. - BBC News website

Greece

Macedonian court convicts bear of stealing honey - 13 March
A Macedonian court convicted a bear of theft and damage for stealing honey from a beekeeper who fought off the attacks with thumping "turbo-folk" music. - SABC News website


Middle East

Gulf War

Gulf War illness 'chemical link' - 11 March
There is evidence linking chronic health problems suffered by Gulf War veterans to exposure to pesticides and nerve agents, US research has found. A third of veterans of the 1991 war experienced fatigue, muscle or joint pain, sleeping problems, rashes and breathing troubles, the research found. A US Congress-appointed committee on Gulf War illnesses analysed more than 100 studies in the research. - BBC News website


United Kingdom

Courts

Gambling addict loses case against bookmaker - 12 March
Compulsive gambler Graham Calvert, who had claimed bookmaker William Hill should have stopped him placing bets, lost his case on Wednesday. The greyhound trainer from Houghton Le Spring, Tyne and Wear, was suing for negligence as well as compensation for personal injuries at the High Court in London. The 28-year-old, described by his lawyers as a "pathological gambler", claimed he had lost more than two million pounds, as well as his marriage, livelihood and health as a result of a six-month gambling spree in 2006. In the landmark case, Calvert's legal team had argued the bookmaker had been guilty of "negligent encouragement and inducement" by not acting to curb its client's gambling, even though he had indicated he wanted them to on at least two occasions. - Reuters website

Education

Pupils 'to take allegiance oath' - 11 March
School-leavers are to be encouraged to swear an oath of allegiance to Queen and country under new proposals being unveiled on British citizenship. Ex-attorney general Lord Goldsmith, who is calling for the ceremony in a report to Gordon Brown, says it would give teenagers a sense of belonging. But Labour peer Baroness Kennedy says : "I think it's rather silly". He is also proposing a new public holiday to celebrate "Britishness" along the lines of Australia Day. - BBC News website

Schools 'breaking admissions law' - 11 March
A "significant minority" of schools in England are breaking new laws that were designed to make the admissions system fairer, the government has said. In a sample three areas - Manchester, Northamptonshire and Barnet - it found parents illegally being asked for money or information about their backgrounds. - BBC News website

Environment

Queen set for Terminal 5 opening - 14 March
Heathrow Airport's controversial Terminal 5 is set to be opened by the Queen in a ceremony involving hundreds of airport and construction workers. Operator BAA says it will "transform" the level of service at the airport. But environmental and residents groups have opposed it, insisting it will lead to more flights, noise and pollution. Some 60 000 people have worked a total of 100 million man hours to build Terminal 5, since construction began in September 2002. Built on the site of a former sludge works at the western end of the existing airport, Terminal 5 has been designed by 2006 Stirling Prize winners Rogers Stirk Harbour and Partners. Its construction has involved diverting two rivers, building what is claimed to be the UK's largest free-standing building and tunnelling 13km for rail and baggage links. - BBC News website


United States

Land Affairs and Property

US wants tougher mortgage rules - 14 March
Top US financial policymakers have laid out plans for stricter regulation of mortgage firms as the country wrestles with its worst housing crisis in years. The move comes after the US housing market weakened, and mortgage defaults surged, with many critics blaming lax and excessive lending policies. - BBC News website


International

Conservation

Tentative steps to whaling peace - 8 March
Talks between pro- and anti-whaling countries on how to resolve their differences have ended with agreement to look for dialogue and common ground. Japan pledged not to seek commercial whaling quotas in the immediate future, and offered to discuss its current scientific hunt in the Antarctic. Some delegates talked of an eventual "package deal" between the factions. Delegates spent three days in talks near Heathrow Airport called by the International Whaling Commission (IWC). - BBC News website

Urban Development

InfoUpdate Read of the Day - 12 March
Cities on the edge of chaos - 9 March
The future of the city has suddenly become the only subject in town. It ranges from tough topics such as managing water resources, economic policy, transport planning and law enforcement to what is usually presented as the fluffier end of the scale, such as making public spaces people want to spend time in. It's about racial tolerance and civilised airports, the colour of the buses and the cost of the fares on them. Unless you have some kind of framework to make sense of all that, the city can seem to be about so many diverse things that it is about everything and nothing. And that is how I found myself swept up in Urban Age, a mobile think-tank set up by the London School of Economics Cities programme, with the Alfred Herrhausen Society, a well-funded charitable arm of Deutsche Bank. The starting point of the Urban Age project, originated by Richard Sennett and Ricky Burdett of the LSE, was that a successful city has to be based on an understanding that it is shaped both by politics and by ideas about space and architecture. Their idea was to bring together a diverse selection of people, not only those who spend their time thinking about cities, but also those who have to try to do something about them. Over two years, the group toured six of the world's key cities - New York, London, Shanghai, Mexico City, Johannesburg and Berlin - in a series of conferences
. Endless City, edited by Ricky Burdett and Deyan Sudjic, is published by Phaidon next week at £35. - Guardian website


Miscellaneous

The effectiveness of the job applicant selection process - 1 March
On what is the decision to hire someone generally based? Any of several methods are currently used in the process of hiring a job applicant. - Leader website

Exit interview : a valuable feedback process - 1 March
Have you ever wondered what goes on in the minds of employees who have just resigned and are serving notice? Did they have a terrible experience and regret the day they joined your organisation? Did they have the best experience of their life? Or are they just indifferent? - Leader website

Health

When a brain scientist suffers a stroke - 13 March
As a Harvard-trained neuroanatomist, Jill Bolte Taylor has always known more about brains than most people. But when a brain hemorrhage triggered her own stroke, she suddenly had a front-row seat on the deterioration of the brain. Dr Taylor recounts the details of her stroke and the amazing insights she gained from it. - New York Times website


Miscellaneous E-Things

Social networking trends in South Africa - 11 March
Teenagers are not the only generation bent on enjoying the online media space, and what new technologies have to offer South Africa. Many companies are starting to join the numerous networks that have been promulgating the Internet in a quest to keep up with the growing demands of an informed public. - Leader website

How to social network - 10 March
With a view to giving managers and executives an inside look into knowledge networks and their crucial, but often overlooked, role in business, the UCT Graduate School of Business (GSB) will this April be offering a pioneering programme – Social Networking for Industry Leaders – as part if its Executive Education suite of short courses. According to Dr Karin Stephenson, the emerging field of network analysis has not yet been 'commoditised' for the business education market and forward-thinking South African managers should use this unique opportunity to learn how to recognise and make use of the webs of relationships and trust within their organisations. - Cape Business News website


Pietermaritzburg. College Road Supreme Court

History of old building needs to be recorded - 11 March
It appears Pietermaritzburg has a building of historical significance that is unknown to the tourism industry. I have failed to find any reference to this building in our tourism brochures. From the accompanying recently taken photograph it becomes evident that this building is going to disappear beneath a layer of tall grass, weeds and trees. I believe that many prominent court cases were later conducted in this building. I am anxious for the building to be saved as a historical building of Pietermaritzburg and that its history be recorded as an integral part of the history of Pietermaritzburg. - The Witness website


Source : Witness website

See also online references to the building and related events :

"National Department of Public Works request for the disposal of Old Supreme Court, situated at No.4 College Road, Pietermaritzburg, KwaZulu-Natal. The Department of Public Works intends to dispose of the above property and invites interested parties to submit proposals for the development and disposal of the property . . . An information meeting will take place on 14 February 2001. Details are included in the tender documents. Enquiries : Mr F Potgieter, Tel (012) 337-2365"
Government Tender Bulletin no.1982 / 19 January 2001
http://www.info.gov.za/tenders/2001/ten1982.pdf

"The functions and duties of the Committee were defined in clause 7 of the Agreement which reads as follows "once elected as set out above the Executive and Advisory Committee shall meet at College Road Court House, Pietermaritzburg at 9.00 am on Monday, 14 August 1978, in order to perform the functions laid down in clause 8 of the Deed of Donation"."
Succession Conflict within the Church of the Nazarites : iBandla zamaNazaretha / G C Oosthuizen. University of Durban-Westville, Institute for Social and Economic Research, 1981
http://scnc.udw.ac.za/doc/reports/iser/OOSTHUIZEN%20GC_Conflict%20within%20%20
nazarites.pdf

"Dikobe wa Mogale was arrested in November 1983 and held in solitary confinement at the Hilton police station until he was charged with treason in the College Road Supreme Court in Pietermaritzburg during May 1984."
Prison poems / Dikobe wa Mogale. Jonathan Ball Publishers, 2005
www.jonathanball.co.za/modules.php%3Fop%3Dmodload%26name%3Dbooks%26file%3
Dindex%26req%3Dview_cat%26cid%3D6+court+pietermaritzburg+%22college+road%22
&hl=en&ct=clnk&cd=4

"Lingisie was in pawn clothes and we were taken into Court in College Road in the Supreme Court in Pietermaritzburg" [1968]
Truth and Reconciliation Commission : Human Rights Violations. Submissions : questions and answers. 20 June 1996. Case EC0191/96 - Umtata. Ezra Sigwela. Day 3

http://www.doj.gov.za/trc/hrvtrans/umtata/sigwela.htm

"Five Pietermaritzburg prison warders, facing 13 charges under the Intimidation Act in connection with a Police and Prisons Civil Rights Union strike in February, were released on warning by the Pietermaritzburg Regional Court on Wednesday. SABC radio news reports that this followed the cancellation by the Attorney-General of an order prohibiting their release on bail. The State closed its case on Wednesday morning after which counsel for the defence asked that the accused be acquitted on the grounds that there was insufficient evidence against them. The hearing, which has been held in camera in the Regional Court in College Road, will be open to the public in future. The court will decide on whether to acquit the men next week Tuesday."
ANC Daily Newsbriefings. 12 May 1993
http://70.84.171.10/~etools/newsbrief/1993/news9305.13

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

 Vacancies
  Candidate Attorney : Vacancy
Lomas-Walker Attorneys
Westville

requires a Candidate Attorney, first or second year, to commence as soon as possible.

Contact :

A M Lomas-Walker
PO Box 2089
Westville 3630
mail@lomas.co.za


  Candidate Attorney
Prudence Duma

Qualifications

LLB (University of KwaZulu-Natal, Durban) - currently in fourth year
English and Zulu

Contact

Telephone : 031-908 5217
Email :
pruddyd@webmail.co.za


  Legal Advisor : Vacancy
Cape Town

Regional Legal Advisor required. Must have LLB and CFP, and five to ten years' experience, preferably in the financial services sector or the insurance field. In return, we offer an exceptional working environment that is challenging and stimulating and allows for professional development. The successful applicant will be relocated, all expenses paid. Great incentives

Contact

Portia Ngaka
Call Centre and Office Support Recruitment Specialist
Telephone : 021-5107136
Fax : 0886-512 2220
Cell : 082-616 1140
Email :
Portia@callcentrestaff.co.za


  Legal Manager : Vacancy
Durban and Bloemfontein

Just have LLB and relevant experience in the insurance field or financial service sector : five to eight years' experience.

Contact

Portia Ngaka
Call Centre and Office Support Recruitment Specialist
Telephone : 021-5107136
Fax : 0886-512 2220
Cell : 082-616 1140
Email :
Portia@callcentrestaff.co.za

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

 Marketplace
  Red Pepper Books
Electronic commerce : concepts, methodologies, tools and applications
Annie Becker
Information Science Reference, 2008
ISBN 9781599049434
4 volumes
R15 600.00 (including VAT)

The electronic commerce environment has evolved so rapidly that it is difficult for even seasoned professionals in IT, management, and other affected disciplines to keep up with the pace of change and to comprehend the full range of opportunities and challenges these emergency technologies present. This book compiles a critical mass of top research nearly 300 chapters from upwards of 400 of the world's leading experts to provide libraries with a landmark, four-volume reference to meet research needs in the many disciplines impacted by these far-reaching topics.

Electronic commerce : concepts, methodologies, tools and applications is the principle source of reference for all applications within the discipline of mobile commerce, virtual enterprises, business-to-business applications, Web services, and enterprise methodologies. This collection will supply all audiences with the latest research addressing the successes and obstacles of commerce in today's society.

Should you wish to place an order, email books@redpepperbooks.co.za or fax 0861-329 733

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

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