▪ Free registration for the IBA 2008 Annual Conference, 12-17 October 2008, Buenos Aires, Argentina
▪ A contribution towards travel costs to the conference
▪ Cover of accommodation costs while attending the conference
▪ Two years' free IBA membership including membership of one LPD Committee and one PPID Constituent
▪ A waiver of either the next IBA Annual Conference registration fee or the registration fee of one of the chosen committee's specialist conferences in 2009
▪ Free membership of the Scholarship Alumni Group

For further information and criteria for applying for the scholarship, please download the Scholarship Application Form.

The deadline for submissions in Monday 7 April.

The South African Law Reform publishes a newsletter, the aim of which is to inform people about and interest them in the work of the Commission. The newsletter reports on :

▪ The new Commissioners appointed at the beginning of January 2007

▪ The investigation into Statutory Law Review

▪ A review of the Commission's research, consultation and reporting processes

▪ A review of Administration Orders

▪ The Ismail Mahomed Essay Prize

▪ The introduction of the Customary Law of Succession Bill in Parliament

▪ Progress on the investigation into Trafficking in Persons

▪ The publication of a discussion paper on the Law of Evidence

▪ Reports soon to be released

▪ An invitation to submit law reform proposals to the Commission

▪ Recent legislation based on Commission reports

▪ The Commission's media event of 7 March 2008

The Newsletter is available at http://www.doj.gov.za/salrc/nw.htm

Commencement date : 17 March 2008
ProcR 6/GG 30866/13-03-2008 *

[B9-2008]
http://www.polity.org.za/attachment.php?aa_id=12085

Mandating Procedures of Provinces Bill

[B8D-2007] *

Prevention of and Treatment for Substance Abuse Bill

[B12-2008] *

Prevention of Illegal Eviction From and Unlawful Occupation of Land Amendment Bill

[B8-2008]
http://www.polity.org.za/attachment.php?aa_id=12106

Reform of Customary Law of Succession and Regulation of Related Matters Bill

[B10-2008]
http://www.polity.org.za/attachment.php?aa_id=12107

Tobacco Products Control Amendment Bill

[B7-2008]
http://www.polity.org.za/attachment.php?aa_id=12105

Amendment of Rules (DAR/39)
GNR 276/GG 30857/14-03-2008 *

Amendment of Rules (DAR/40)
GNR 277/GG 30857/14-03-2008 *

Regulations relating to fees payable to Council
GNR 277/GG 30857/14-03-2008 *
GNR 279/GG 30857/14-03-2008 *

Regulations relating to the registration of intern medical technologists
GNR 278/GG 30857/14-03-2008 *

Labour Relations Act, 1995

Bargaining Council for the Restaurant, Catering and Allied Trades : Renewal of period of operation of Main Collective Agreement
GNR 286/GG 30857/14-03-2008 *

Correction Notices
National Bargaining Council for the Clothing Manufacturing Industry :

Extension to non-parties of the National Main Collective Re-enacting and Amending Agreement
GNR 295/GG 30857/14-03-2008 *

Extension to non-parties of the Provident Fund Collective Amending Agreement for the Western Cape Region
GNR 287/GG 30857/14-03-2008 *

Proposed amendment to the Civil Aviation Regulations, 1997
GN 356/GG 30864/14-03-2008 *

Council for Medical Schemes

Proposed levies on medical schemes issued in terms of Section 3(a) of the Council for Medical Schemes Levies Act 58 of 2000
GN 339/GG 30861/07-03-2008 *

Criminal Procedure Act 51 of 1977

Declaration of peace officers in terms of Section 334
GN 275/GG 30856/07-03-2008 *

Department of Communications

Notice of proposed guidelines for rapid deployment of electronic communications facilities in terms of the Electronic Communications Act 36 of 2005
GN 355/GG 30862/10-03-2008 *

Department of Water Affairs and Forestry

Restrictions on the taking of water for all purposes except those contained in Schedule 1 to the National Water Act, 1998, from the Steenkoppies Dolomitic Compartment (Quarternary Drainage Region A21D, A21F and C23E)
GN 253/GG 30863/14-03-2008 *

Restrictions on the use of water for all purposes except those contained in Schedule 1 to the National Water Act, 1998, from the Magalies River
GN 352/GG 30863/14-03-2008 *

Financial Intelligence Centre

Financial Intelligence Centre Guidance Note 4 on Suspicious Transaction Reporting
GN 301/GG 30873/14-03-2008 *

Foundations for Learning Campaign

GN 306/GG 30880/14-03-2008 *

National Treasury

Publication of explanatory summary of the Taxation Laws Second Amendment Bill, 2008
GenN 359/GG 30870/14-03-2008 *

Steve Tshwete Local Municipality

Standing Rules of Order By-laws
PN 83/PG 1516/14-03-2008 *

*	Source : LexisNexis
**	Source : Mary

Let me back in for my kids, begs deported man - 16 March
A deported Indian tycoon has made an impassioned plea to the Constitutional Court to allow him back into the country for the sake of his two South African-born children, "whose rights are being violated every day". Manjar Ali Shaik Yusuf Ulde, formerly of Rondebosch, was sent back to India last month by Home Affairs officials because he was believed to have been operating illegally in the country for 15 years. During this time, he built a multi-million-rand business. Ulde said his two children, Saima, 11, and Uzair, nine, had been unable to attend school in India because they had South African birth certificates. - IOL website

19 March 2008
Statement on Mr Ulde's allegation "Let me back in - for my children"
SA Government Information website

Prisoner was 'deprived' of his freedom - 17 March
The error that resulted in the unlawful detention of a person for five years had the potential to bring the administration of justice into disrepute, said Chief Justice Pius Langa. He said that officials must take every measure to prevent a recurrence of such an error. - allAfrica website

SAHRC calls for probe into wrongful sentence - 19 March
The South African Human Rights Commission (SAHRC) is calling for a proper inquiry into the criminal justice system after the Constitutional Court ruled a man had been held in jail unlawfully for over five years. The Court found that Jonathan Zealand had been detained in a maximum security prison unlawfully from 1999 to the end of 2004 after he had won an appeal. - SABC News website

See :
11 March 2008
CCT 54/07
Zealand v Minister for Justice

20 March 2008
[2008] SCA 14 (RSA)
Carolus v The State [2008] SCA 14 (RSA)
Indecent assault - appellant raising alibi defence - Held complainant had positively identified the crime scene and the appellant as the perpetrator of the offence and consequently that the appellant was guilty of indecent assault - sentence of 8 years' imprisonment appropriate

20 March 2008
[2008] SCA 13 (RSA)
Crossberg v S [2008] SCA 13 (RSA)
Disregarding the impact of at least 13 missing statements made by witnesses to the police, evidence not supporting conviction of murder - police and State's duty to make full disclosure discussed - conviction of murder substituted with conviction of culpable homicide - sentence - factors to be considered discussed

Appeal Court sets aside farm murder conviction - 20 March
The Supreme Court of Appeal in Bloemfontein has set aside the murder and attempted murder convictions, as well as the effective 20 year prison sentence for Limpopo farmer, Jewell Crossberg. This has been replaced with a charge of culpable homicide. Crossberg's sentence has also been changed to five years in prison, two years of which are suspended for five years. - SABC News website

20 March 2008
[2008] SCA 12 (RSA)
Griebenow v S [2008] SCA 12 (RSA)
Private defence - appellant claiming he shot and killed deceased in defence of life and limb - held that there had been no such threat and that appellant's actions were unlawful and consequently that he was guilty of murder - sentence of 12 years' imprisonment appropriate

20 March 2008
[2008] SCA 11 (RSA)
Nedcor Bank Ltd v SDR Investment Holdings Co (Pty) Ltd [2008] SCA 11 (RSA)
Implied and tacit terms not to be imported into agreement when in conflict with valid, express provisions

20 March 2008
[2008] SCA 10 (RSA)
Antoy Investments v Rand Water Board [2008] SCA10 (RSA)
Review – when matter to be remitted in successful review – decision made by CEO instead of decision making body

20 March 2008
[2008] SCA 9 (RSA)
Thembalethu Sam v The State [2008] SCA 9 (RSA)
Accused charged with unlawful possession of a firearm in contravention of s 2 of Act 75 of 1969 - Section 51(2) of the Criminal Law Amendment Act 105 of 1997 read with Part II of Schedule 2 is applicable to the unlawful possession of a semi-automatic pistol – The Act does not create new offences but defines a form of specified offences to which enhanced penalty jurisdiction applies

18 March 2008
[2008] SCA 8 (RSA)
JG Swanepoel v The State [2008] SCA 8 (RSA)
Appellant employer alleged to have assaulted and insulted employee following disciplinary inquiry – Appellant failing to appear in court on time due to misunderstanding between his attorney and public prosecutor – whether charges of assault, crimen injuria and contempt of court proved against appellant

18 March 2008
[2008] SCA 7 (RSA)
MM Mlimo v The State [2008] SCA 7 (RSA)
Appellant indicted in the High Court for murder and attempted murder of husband and wife arising out of a shooting incident - Whether judge's conduct during trial rendered it unfair. Expert witness – whether trial court was entitled to accept the evidence of a witness who had not completed a diploma in ballistics as expert evidence – whether the witness’s experience in the said field was sufficient

Courts help combat discrimination - 14 March
The Equality Courts of South Africa, which fall within the justice cluster, are located in all Magistrate Courts and offer free services to people who wish to lodge a complaint. This is according to Vincent Moaga of the Human Rights Commission. Moaga spoke to Sowetan Online on the Equality Court functionality. He explained the processes and why it came into being. - The Sowetan website

Durban

17 March 2008
Language issue involving Durban High School at Equality Court
SA Government Information website

Pietermaritzburg

Teacher hope for 'positive ruling' - 19 March
Teachers in KwaZulu-Natal are today hoping for a ruling in their favour by the labour court against money being deducted from their salaries on a "no work, no pay" basis. The SA Democratic Teachers Union (Sadtu) said the labour court in Pietermaritzburg would deliver a ruling on the issue today. The union went to court after education authorities in the province made the deductions from March salary payouts. Thousands of teachers in the province are affected.  - The Sowetan website

Cape Town

District Six uproar - 13 March
The future of Cape Town's most sensitive site of apartheid forced removals is again in the balance as the city administration, land claimants and national government battle over the redevelopment of District Six. The city is seeking to block the District Six Beneficiaries Trust from assuming control of residential and commercial development on the 42ha expanse of land overlooking central Cape Town. A group of former District Six landowners, meanwhile, has launched an application in the Land Claims Court to stop the trust from acting as the representative of all claimants. That case is expected to be heard in May. - Mail & Guardian website

Echo of O J Simpson case as Lotz parents sue - 17 March
The parents of murdered Stellenbosch student Inge Lotz are suing the man who had been accused of her murder, boyfriend Fred van der Vyver, for R4-million each despite the fact that he has been found not guilty. - IOL website

Rath / TACC Case

Judgement reserved on TAC vs Rath - 14 March
Giving away free medicines, as Matthias Rath did with his vitamin products, is a well-known way of creating a market, the Treatment Action Campaign's (TAC) counsel told the Cape High Court on Friday. Geoff Budlender was delivering final argument in the TAC's bid for a court order forcing the government to act against what it says is Rath's illegal distribution of multivitamins in black townships, and his claim that they reverse the course of Aids. Rath maintains he is not selling the products, but merely donating them to the South African National Civics Organisation for use in a community health programme. Budlender said donations fall under the broad definition of "sell" in the Medicines Control Act, and that the selling of an unregistered medicine is illegal. - Mail & Guardian website

New bribery evidence in East London snacks war - 17 March
A handwritten entry in the investigation diary of a local spy firm suggested to its operatives that they bribe an employee of a Pietermaritzburg company they were investigating. This startling document was part of the exhibits handed in to the Grahamstown High Court when Judge Elna Revelas last week ordered the sheriff to raid the offices of local food manufacturer Elzea Snacks, and Corporate Protection Services (CIS), the private investigation company. - Dispatch Online website

Media24 fined for defamatory report - 17 March
Media24, publishers of City Press newspaper, was on Monday ordered to pay prominent ANC politician and medical doctor Zweli Mkhize R150 000 damages for a defaming him in a report in March 2007. The order was made by Judge Jan Hugo in the Pietermaritzburg High Court. City Press must also pay the legal costs. The defamation arises out of a report about the much publicised trial stemming from the murder of Sifiso Nkabinde, of Richmond. - IOL website

'Too dark' victim gets R90 000 for damages - 12 March
An 18-year-old man, who was detained and almost deported to Mozambique, because he was considered "too dark" was awarded R90 000 in the Pretoria High Court, The Star newspaper reported. The court heard that South African born Shaun Mhaule, who was 14 at the time (2004), was hysterical when police were about to load him onto a truck in Mpumalanga, "back to his homeland". The newspaper reported that police insisted Mhaule was "too dark to be a South African" and locked him up for 30 hours with 24 other men. He also told police that he did not know anyone in Mozambique. Police would also not take his identity document into consideration, The Star reported. - SABC News website

Pretoria

McBride 'a liar', court hears - 20 March
A third state witness, testifying in the Pretoria Regional Court on Thursday, described his former boss, Ekurhuleni metro police chief Robert McBride, as "the mafia" and "a liar". Former metro police officer Patrick Johnston also said McBride was someone he was afraid of. He told the court that on the day of McBride's December 2006 accident, he had taken down details of the accident scene in a notebook he had in his possession. - Mail & Guardian website

Medication may have caused McBride crash, court told - 19 March
Ekurhuleni metro police chief Robert McBride's 2006 car accident could have been caused by an increase in his diabetes medication, the Pretoria Regional Court heard on Wednesday. McBride's counsel, Jimmy Howse, told the court that two days before his December 21 2006 accident, McBride had gone to see a doctor who allegedly doubled his type-two diabetes medication dose. This was done to lower McBride's blood-sugar level. - Mail & Guardian website

McBride claims diabetes defence - 18 March
Ekhuruleni Metro Police Chief Robert McBride says he will testify in court that he is unable to consume a lot of alcohol as he is diabetic, and therefore could not have been drunk. - SABC News website

McBride sank almost full bottle of whiskey - 18 March
Robert McBride was convinced he would be fired as metro police chief after he crashed his car while allegedly driving drunk, the Pretoria Regional Court heard yesterday. “I made a f***-up,” McBride allegedly told one of his subordinates minutes after the crash on December 21, 2006.  - The Times website

McBride unsteady on his feet, court told - 18 March
Suspended Ekurhuleni metropolitan police department chief Robert McBride was so drunk during a Christmas party in 2006 that he was unsteady on his feet, his speech was slurred and he crashed his official vehicle moments after he had left the function, the Pretoria Regional Court heard yesterday. The court also heard how officials from the department acted to cover up the crash and assisted McBride to find a doctor who could report that the crash was a result of a medical condition. - allAfrica website

Court told how McBride threatened officer's family - 17 March
The Pretoria Regional Court has heard that Ekurhuleni metro police chief Robert McBride intimidated one of his officers by telling him he would arrange for his wife to be raped and his children and pets murdered. - SABC News website

McBride 'not sober enough to drive' - 17 March
Ekurhuleni metro police chief Robert McBride was not sober enough to drive himself home following an accident in December 2006, the Pretoria Regional Court heard today. "He wasn’t sober enough to drive," said state witness Stanley Sagathevan. Sagathevan, an Ekurhuleni metro chief superintendent, was giving evidence on the first day of McBride’s drunk driving trial. - The Times website

McBride pleads not guilty - 17 March
Ekurhuleni police chief Robert McBride today pleaded not guilty in the Pretoria Regional Court to charges of drunken driving, fraud and defeating the ends of justice. - The Times website

Wynberg

It's a travesty of justice, says Merryweather - 18 March
Andrew Merryweather says he holds no resentment towards the teenagers who were acquitted of attempting to kill him, but he has slammed the verdict as "a travesty of justice". And he says he will launch a a civil action against the teens. After the scuffle in a garage forecourt, Merryweather, 25, was left a tetraplegic and confined to a wheelchair. - IOL website

Judge rules on Merryweather case - 17 March
Six young men have been found not guilty on a charge of attempting to murder restaurant manager Andrew Merryweather, radio station Cape Talk reported on Monday. The finding was made by a Wynberg regional magistrate, who did however convict one of the youths, Joel Thackwray, of assault on Merryweather's brother. - IOL website

See also : www.andrewmerryweather.co.za

Statements and Speeches

20 March 2008
Statement on the Cabinet meeting of 19 March 2008
Keyphrases :
Additional Protocol to the Trade, Development and Co-operation Agreement (TDCA) between South Africa and the European Union
Proposed electricity tariffs
South African arms deal - Germany

Excerpts :
The following Bills were approved :
▪ Air Services Licensing Bill
▪ Financial Intelligence Centre Amendment Bill

19 March 2008
Mutual legal assistance (MLA) : German investigation into allegations of corruption in the arms deal

19 March 2008
Media Statement by Premier Ebrahim Rasool
[Erasmus Commission]

19 March 2008
Address by Premier of the North West Mme BEE Molewa Salga National Members Assembly Dinner

19 March 2006
Welcome address by Premier of the North West, Edna Molewa, on the South African Local Government Association National Conference

17 March 2008
Address by Trevor A Manuel, MP, Minister of Finance at the National Treasury and SARS Tax Symposium at the CSIR Conference Centre, Tshwane
SA Government Information website

'SA's tax system needs re-think' - 18 March
Having the world's second best tax system will fail South Africa's democracy, Finance Minister Trevor Manuel said at a tax symposium yesterday. His speech was in front of global tax experts at the Council for Scientific and Industrial Research Conference Centre in Tshwane. - Dispatch Online website

17 March 2008
Commission on Gender Equality gender-based violence conference

17 March 2008
The Deputy Minister of Public Works, Mr Ntopile Kganyago, Member of Parliament (MP), marks the start of the Library Week in Department of Public Works

17 March 2008
Social Development releases means test study for public discussion

13 March 2008
Keynote address by Minister of Trade and Industry Mandisi Mpahlwa at the Consumer Law Conference, Emperors Palace

12 March 2008
The KwaZulu-Natal Cabinet on court cases involving social grants

12 March 2008
Presentation by Director-General Thozi Gwanya at the Senior Management Service (SMS) Conference for Department of Land Affairs (DLA), Diep in die Berg, Pretoria East

Committee Minutes

Environmental Affairs and Tourism Committee

13 March 2008
National Environmental Management Waste Bill : finalisation

Finance Committee

12 March 2008
Taxation Laws Amendment Bill : National Treasury / SARS Response to submissions

Foreign Affairs Committee

12 March 2008
Department of Foreign Affairs : Strategic Plan 2008-2011

Housing Committee

12 March 2008
Housing Development Agency Bill : deliberations on public submissions

Justice and Constitutional Development Committee

14 March 2008
Child Justice Bill [B49-2007] : Summary of public submissions

12 March 2008
Child Justice Bill [B49-2002] : Department summary of submissions

Mineral and Energy Affairs Committee

12 March 2008
Gas pricing : Department of Minerals & Energy, National Energy Regulator & LP Gas Safety Association briefings

Private Members' Legislative Proposals Committee

[SA Parliament rejects proposal for PM - 18 March
Parliament has rejected a proposal by IFP-leader Mangosuthu Buthelezi, that the Constitution be changed to accommodate a Prime Minister and a largely ceremonial President. - SABC News website]

14 March 2008
Buthelezi Legislative Proposal : to amend the Current Executive System

Public Service and Administration Committee

14 March 2008
Public Service Commission recommendations : Audit on Implementation

12 March 2008
Performance Management and Development System : Public Service Commission Report on Implementation in Eastern Cape and North West Provinces

Public Works Committee

12 March 2008
Public Works Committee Programme for upcoming Oversight Visits

Safety and Security Committee

12 March 2008
Second Hand Goods Bill : deliberation and adoption

Science and Technology Committee

18 March 2008
National Research Foundation (NRF) : Budget Plan 2008/9-2010/11

14 March 2008
S A Council for National & Scientific Professions :  Strategic Plan 2008

Water Affairs and Forestry Committee

12 March 2008
Forestry Industrial Policy, Forestry Action Plan & Charter : Public Hearings

Appropriation Bill

19 March 2008
Speaking notes for First Reading Debate : Minister of Finance T Manuel

Correctional Services Amendment Bill

5 March 2008
Minister of Correctional Services, Ngconde Balfour's address to the National Council of Provinces (NCOP), tabling the Correctional Services Amendment Bill in Cape Town
SA Government Information website

Expropriation Bill

Farmers vow to fight new expropriation legislation  - 17 March
Organised agriculture has vowed to fight the government’s Expropriation Bill following the approval by the cabinet earlier this month of the draft policy on expropriation. The bill is due to be tabled in Parliament in June. Cabinet spokesman Themba Maseko said the envisaged act would align more than 100 pieces of legislation and ordinances, including the government's right of expropriation, with the constitution. - Business Day website

11 March 2008
Parliament to pass Expropriation Bill
SA Government Information website

Royalty Bill

SA may review Royalty Bill : Sonjica - 17 March
The South African government had noted concerns voiced by the mining industry over the third and final draft of a new law to govern mineral and petroleum royalties, Minerals and Energy Minister Buyelwa Sonjica said on Monday. While her department had not yet held talks with the National Treasury – which is ultimately responsible for the bill – on the issue, Sonjica said she did not expect the bill would be promulgated in its current form. - Creamer Media's Mining Weekly website

Taxation Laws Amendment Bill

19 March 2008
Introductory speech by the Minister of Finance T Manuel on the Taxation Laws Amendment Bills
SA Government Information website

Brunei

Brunei needs more experts in various fields of law - 19 March
More lawyers are needed to assist in executing the government's executive and legislative functions, the Attorney-General said during the opening of the new legal year yesterday. The Law Society membership has also "only increased slightly" for the past three years, said Muhammad Zainidi Abdul Hamid, president of the Law Society of Brunei Darussalam. "This is due to the fact that even though we have new members joining in, mostly from neighbouring jurisdictions, we have a relatively high rate of our young Bruneian local lawyers leaving private practice to become in-house counsels for banks and other companies before they reach five years of practice," he explained. - BruneiDirect website

Singapore

Law Society chief suggests committee - 18 March
Singapore lawyers are apathetic about issues of public law, says the man who is three months into his role leading the legal fraternity. So, in his first big move since becoming Law Society President, Mr Michael Hwang has persuaded its council members to set up a high-powered committee to "promote greater awareness of public and international law". - Today Online website

United Kingdom

As time goes by : limitation decision in solicitors' negligence case - 17 March
The Court of Appeal decision in Watkins v Jones Maidment Wilson was handed down on 4 March 2008. The House of Lords in Law Society v Sephton (2006) raised the prospect of claimants having wide scope to litigate stale claims, and Watkins enters the difficult territory of how those principles are to be applied in practice. Article by Fergal Cathie and Simon Schooling of Barlow Lyde & Gilbert on the Mondaq website
* * * Free subscription required * * *

Zimbabwe

IBA condemns pre-election attack on Law Society of Zimbabwe - 13 March
The International Bar Association (IBA) has condemned a series of attacks by the Government of Zimbabwe on the Law Society of Zimbabwe ahead of elections later this month. It urges the Government to stop interfering with the legitimate work of the country's organised legal profession. - International Bar Association website

2010

2010 spurs interest in CT property - 16 March
It is beginning to be clear that some of the very optimistic predictions about the 2010 Soccer World Cup event are not unfounded. "We've already begun to see an influx of business travellers - particularly film and television people - coming to Cape Town to prepare for the event and they are often looking for short or long-term rentals to cover the period of the event and the run-up to it," says Lanice Steward, managing director of Anne Porter Knight Frank (APKF). "We have also noticed a big rise in the number of people now seriously interested in buying rentable homes, bed and breakfasts and small hotels". - Property24 website

Press Release 14 March 2008

2010 stadium arch comes home!

First arch segments arrive in Durban

As construction on Durban's Moses Mabhida Stadium continues, a vital element of the stadium design and construction arrives in Durban today, Friday 14 March. The first eight sections of the stadium's grand central arch, shipped to Durban from Hamburg, Germany on the Golden Isle.

Julie-May Ellingson, Head of eThekwini Municipality's Strategic Projects Unit and 2010 Programme, says, "Once the ship has docked in Durban, the eight arch segments contained in the hold will be unloaded. This is a lengthy and complex process and will take up to 18 hours, as each segment weighs between 40 and 50 tonnes". The loading of the trucks is expected to begin on Saturday morning, with the trucks transporting the segments to the Moses Mabhida Stadium site on Saturday, Sunday and Monday.

Work on the arch will begin as soon as the segments arrive on site. This will include the pre-assembly and painting of the arch segments. The segments will be joined in two batches of four : one batch will be connected to the foundation of the southern arch's eastern leg, while the other will be connected to the western leg. The lifting of each batch of four segments will take place in April.

The 350m long free-span steel arch will be 30 storeys high, weighing  2600 tons. In total, 55 separate 10m long pieces will be joined together to make up the arch.  The arch is not just an impressive  design element but is an important structural element from which the stadium roof will be suspended. The arch and roof structure provide an efficient and cost effective method of roofing the stadium, at a cost which compares favourably with other South African and international stadiums. The roof, consisting of Teflon-coated glass fibre membranes - 46 000 square metres in total - will be attached to the arch by 95mm diameter steel cables. An 880m long steel compression ring that maintains the structure of the roof will be put in place around the perimeter of the stadium structure. The arch will be complete by late 2008.

A picture of the arch can be seen at http://www.durban.gov.za/durban/government/mayor/image-and-document-storage/arch6.jpg/.

Black Economic Empowerment

City Lodge concludes R485m BEE deal - 20 March
JSE-listed City Lodge Hotels has concluded a broad-based black economic empowerment (BEE) transaction including its employees, the University of Johannesburg's school of tourism and hospitality and black-controlled investment company Vuwa Investments, the company said late on Wednesday. Tourism and hospitality students and the group's own staff are the major beneficiaries of the proposed R485-million BEE transaction. - Mail & Guardian website

Sasol to unveil R25bn empowerment deal on Tuesday - 19 March
Following a special board meeting held on Wednesday, petrochemicals producer Sasol indicated that it would divulge the detailed terms of it's proposed black-economic empowerment (BEE) deal "on or about Tuesday March 25, 2008". The intention of the much-anticipated deal was announced in September 2007, and the transaction was expected to be in respect of 10% of the company's issued share capital. Funding for the transaction came from a combination of equity, third party funding and facilitation by Sasol, which the company said was aimed to externalise as much debt as possible. - Creamer Media's Engineering News website

A landmark year of BEE mega-deals - 16 March
Last year was a landmark period for South Africa's ambitious economic transformation programme, with the value of black economic empowerment (BEE) transactions concluded climbing to R96 billion, up 71 percent from 2006, according to Ernst & Young's annual mergers and acquisitions (M&A) report. - Business Report website

Company Law

Shareholder, know your rights - 13 March
There are many lessons to be learnt from the ongoing Kebble saga. One of the most practical lessons emerges from the recent judgment in Letseng Diamonds Ltd v JCI Ltd regarding the governance of companies and the position of shareholders in relation to the company and its directors. Article by Vaughan Pierce of Deneys Reitz Attorneys on the Mondaq website
* * * Free registration required * * *

Conservation

Leakey backing for elephant cull - 17 March
The eminent conservationist Richard Leakey has given qualified backing for South Africa's plan to cull elephants. In an article for the BBC News website, the former head of the Kenyan Wildlife Service says culling is "a necessary part of population management". But Dr Leakey says there is also a responsibility to curb human activities that impinge on elephant habitat. - BBC News website

Education

UKZN to sue Shaik's supervisor - 18 March
Former University of KwaZulu-Natal professor Viktor Verijenko, who was at the centre of the Chippy Shaik "doctored" doctorate scandal, has now been accused by the university of "dishonesty" and making a "secret profit" of R1,5-million while working there. And the university is seeking to attach pension money from both Verijenko and his wife, lecturer Belinda Verijenko, as surety against a pending damages claim against them of almost R1,8-million. In an affidavit before the Durban High Court, Paul Finden, director of labour relations at the university, said a probe had been initiated towards the end of 2005 into the "Spoornet research project". The Verijenkos, who are currently in Perth, have filed a notice of opposition to the application and have until next week to file affidavits. - IOL website

Environment

Ergo won't exploit dump-retreatment court ruling, says DRDGold CEO - 18 March
The new Ergo gold-from-dumps business would not be exploiting a court ruling that positioned dump retreatment outside of South Africa's new minerals legislation, DRDGold South African Operations CEO Niel Pretorius said on Tuesday. Pretorius said that DRDGold would, instead, be making certain that the Department of Minerals and Energy (DME) was also happy with the concept that recycling of old mine dumps fell outside of South Africa's Minerals and Petroleum Resources Act (MPRDA). Pretorius was alluding to the far-reaching judgement handed down in the Bloemfontein High Court that new legislation did not apply to the retreatment of old tailings dumps. - Creamer Media's Mining Weekly website

See :
13 December 2007
(3215/06) [2007] ZAFSHC 74
De Beers Consolidated Mines Ltd v Ataqua Mining (Pty) Ltd and Others

Stellenbosch University signs nuclear R&D pact with PBMR - 18 March
The Stellenbosch University (SU) and Pebble Bed Modular Reactor (PBMR) on Tuesday signed an agreement that enabled the Western Cape-based university to conduct research and development on behalf of PBMR in areas that would enhance the performance and safety of the nuclear reactor technology. Addressing the media in Stellenbosch on Tuesday, PBMR chief technology officer Dr Johan Slabber said that the agreement empowered the SU to conduct research and development in PBMR technology programmes. - Creamer Media's Engineering News website

Foreign Affairs

Zimbabwe officials cited - 17 March
A dossier has been submitted to the National Prosecuting Authority's Priority Crimes Unit by the Southern Africa Litigation Centre (Salc) urging the unit to initiate investigations with a view to prosecuting senior Zimbabwean police and other officials responsible for crimes against humanity. South Africa's Implementation of the Rome Statute of the International Criminal Court Act, No 27 of 2002, permits prosecutions for crimes against humanity of those who are not South African nationals or have not committed such crimes on SA's territory if such a person after the commission of the crime, is present in South Africa. - The Times website

News release from the Southern Africa Litigation Centre

16 March 2008

Zim officials cited for crimes against humanity

A dossier has been submitted to the National Prosecuting Authority's Priority Crimes Unit by the Southern Africa Litigation Centre (SALC) urging them to initiate investigations with a view to prosecuting senior Zimbabwean police and other officials responsible for crimes against humanity.

South Africa's Implementation of the Rome Statute of the International Criminal Court Act, No 27 of 2002 permits prosecutions for crimes against humanity of those who are not South African nationals or have not committed such crimes on SA's territory if such a person "after the commission of the crime, is present in the territory of the Republic", explains SALC Director Nicole Fritz.

"The intention behind the initiative is both to ensure some form of accountability for the people of Zimbabwe at a time when their own justice system has all but collapsed and also to secure South Africa's interest against becoming a 'safe haven' for perpetrators of the most egregious international crimes".

Several of the perpetrators named in the dossier travel to South Africa on official business, in some instances for co-operative endeavours such as the South Africa/Zimbabwe Joint Permanent Commission on Defence and Security. Moreover, given Zimbabwe's economic collapse, many of those named travel to South Africa to obtain desired commodities and services, including healthcare. SALC therefore believes that the requirements of the law can be satisfied.

The dossier contains legal opinion authored by several of the foremost constitutional and international law practitioners in South Africa – Wim Trengove, Gilbert Marcus and Max du Plessis – and detailed testimony relating to the events that took place in Zimbabwe on 28 March 2007.

On the 28 March 2007, Zimbabwean police conducted a raid on Harvest House, the headquarters of the opposition party, Movement for Democratic Change (MDC). Initially over 100 people were taken into custody, including those who happened only to work in nearby shops or officers.

Individuals affiliated with the MDC were detained in police custody for several days where they were continuously tortured with the aim that they implicate themselves and/or others in a spate of bombings that had taken place in Zimbabwe. Repeated patterns of torture included mock execution, such as waterboarding and the use of electric shock.

The consistency in detail as to the types of abuse inflicted during this episode of repeated instances of torture, and when compared to other episodes of repeated torture, as well as the recurring involvement of several named perpetrators speaks to the systematic use of torture on the part of police and supports a conclusion that crimes against humanity have been and continue to be perpetrated in Zimbabwe.

However, the timing of this initiative, as the elections approach is also important, said Fritz, who called today for media representatives to publicise the venture.

"Unless people committing such crimes in Zimbabwe understand that the immunity they currently enjoy there won't protect them outside the country, they have no reason to end the violence".

She said SALC believe the initiative will give people in Zimbabwe a greater sense of security going to the polls, and candidates a greater sense of security standing in opposition.

"As importantly, we believe it will provide incentive to those who might wield violence, not to do so, in that they will know that their own actions will be scrutinised, and perhaps the subject of similar efforts".

Contact :
Nicole Fritz
011-403 3414
082 452 3909

Prepared by : FD Beachhead

Home Affairs

Declaring May 2 a holiday disrupts business plans : Sacci - 19 March
While workers might smile on government's announcement of May 2 being declared a public holiday, business is not as happy, with the South African Chamber of Commerce and Industry (Sacci) saying that it was unfortunate and created confusion. Government made the announcement on Tuesday afternoon, following requests from trade unions for another public holiday, after two holidays happened to fall on the same day this year. - Creamer Media's Engineering News website

Cabinet declares May 2 a holiday - 19 March
Cabinet has declared the second of May a national holiday. The decision has been taken because Human Rights Day and Good Friday fall on the same day. Government spokesperson, Themba Maseko, says President Thabo Mbeki will issue a proclamation in a few days' time, declaring the day as a national holiday. - SABC News website

19 March 2008
Cabinet statement on declaration of 2 May 2008 as a public holiday
SA Government Information website

Human Rights

My rights versus your beliefs - 20 March
The South African Constitution guarantees everyone the right to freedom of conscience, religion, thought, belief and opinion. The clause does not simply protect religious freedom. It goes further to protect conscience, thought, belief and opinion and, accordingly, it has a secular element. But, unlike the Constitution of the United States, there is no anti-establishment clause that separates the state from religious affairs. It would appear that the drafters of the Constitution were determined that it did not constitute a wall of separation between church and state. That does not mean that the state can play no role in the religious affairs of the country, but that any action taken by the state to promote religion is subject to careful qualification. Article by Dennis Davis and Michelle le Roux. - Mail & Guardian website

HRC reiterates stand against death penalty - 12 March
The South African Human Rights Commission (SAHRC) has spoken out against calls for a referendum to review the death penalty. This is in response to statements attributed to ANC President Jacob Zuma, calling for debate on the possibility of a referendum on the death penalty. Speaking at a briefing at the Johannesburg Press Club, SAHRC chairperson Jody Kollapen says the issue has long been closed. - SABC News website

Judiciary

A(nother) vital succession race - 18 March
More than a hundred people from 40 countries present at the dinner sat spellbound as Justice Albie Sachs of our own Constitutional Court recounted the trauma of torture and the intense sense of redemption from first meeting his torturer and then later gaining access to the state file that contained his own description of the brutality that had preceded his "confession". Speaking at a function hosted by former United States president Jimmy Carter at the Federal Reserve Bank of Atlanta at the end of last month, the theme was the right of access to public information ; the dinner the prelude to the conclusion of a three-day international conference on the subject hosted by Carter's admirable foundation. September 2009 will be a very important milestone for the court. Along with Sachs, three others of the original court that was appointed late in 1994 will move on : justices Pius Langa, Yvonne Mokgoro and Kate O'Regan. Justice Tholie Madala, of the same generation, will have retired a little earlier in the year. - Mail & Guardian website

KwaZulu-Natal

'R2,5m house a security risk' - 18 March
The mystery "palace" bought for King Goodwill Zwelithini two years ago in the Hillcrest area, which has remained "under wraps" since then, can now be revealed. Situated high on a hill, the R2,5-million house overlooks the famous Valley of 1 000 Hills and was bought by the provincial government two years ago to minimise hotel costs the Royal Household Department incurs through the king's travels. However, the king has refused to use it, believing it is a security risk. The king initially gave the green light to the idea of buying the house but, after the deal was finalised, he raised questions about what he felt were serious security risks relating to the property. - IOL website

Land Affairs and Property

New land director general appointed - 17 March
The former secretary general of the South African National Civics Organisation, Thozamile Gwanya, has been appointed Director General of Agriculture and Land Affairs, the department said on Monday. - Mail & Guardian website

Board rips into 'unscrupulous' estate agents - 19 March
Estate Agency Affairs Board head Nomonde Mapetla has launched an unprecedented attack on estate agents, saying they are "unscrupulous", have failed at other careers, that many have been charged with fraud and that most are resisting transformation of the industry. She is on a mission to clean up the business, she says. But the president of the Institute of Estate Agents, Willie Marais, said Mapetla was scapegoating the industry "so the board doesn't look as bad as it really is". - Cape Times website

Buyers becoming smarter - 20 March
The introduction of the National Credit Act in June last year has placed a damper on typical small business sales of up to R1.5 million and has given sellers cause to rethink their pricing strategy. It is not uncommon for buyers wanting to buy a business to facilitate funds from the bonding of their properties or to approach financial institutions for business finance. - Cape Business News website

Residential market 'in doldrums for short term' - 19 March
The residential property market is expected to remain weak in the short term because of waning consumer spending, more expensive debt and slower real income growth. However, increased public sector fixed investment is likely to add impetus to the performance of the economy in the medium term, with positive consequences for consumer spending and for residential property. - allAfrica website

Development

Eco-tourism asset may be lost to Bay over rates pressure - 20 March
Rising costs and development pressures have forced the owners of Port Elizabeth's Kragga Kamma Game Park to consider transforming the property into an eco-estate open to residents only. Opened 10 years ago, the park presently attracts about 50 000 visitors annually, including regular school groups. Founder Garnet Cantor, who owns the 200ha park with other family members, said yesterday the rezoning of the area two years ago by the Nelson Mandela Bay municipality from agriculture to rural residential had been a turning point. The rezoning meant, suddenly, that properties could be divided into 1,8ha plots. "The rural aspect of this area was lost and development started all around us. Now, with rising maintenance costs and this new valuation roll . . . the pressure to go this route is huge. But if we did it in terms of this rezoning, the park would be turned into a checkerboard. It would be destroyed". Cantor and his family have applied for a different zoning option for the park, to be set in place in perpetuity. This will allow for development of low-density cluster housing around the edge of the property and in the non-sensitive areas of alien blue gum and Port Jackson willow. Space will be kept for the game, and the wetlands and indigenous forest especially would not be touched. - Herald Online website

DA seeks answers on Gauteng golf estates - 20 March
Gauteng Premier Mbhazima Shilowa has been asked to institute an inquiry into the agriculture, conservation and environment department's approval of at least eight multimillion-rand developments. - allAfrica website
Keyphrases :
Blair Atholl golf estate
Clearwater Estate
Ebotse Golf Country Club

Ethiopian billionaire eyes R200m property - 15 March
Sheikh Al-Amoudi could join a growing list of wealthy foreigners who own expensive SA land. One of the richest men in the world has placed a bid for arguably South Africa's priciest piece of vacant land in Sandton, north of Joburg. Ethiopian-born Sheikh Mohammed Al-Amoudi, who is ranked the 97th richest person in the world with a fortune of R72-billion, secretly flew into Joburg to view the 110 000m² site, which is on the market for R200-million. Owned by the Glazers, one of the city's wealthiest families, Elchim Estate has been described as a developer's dream. - The Times website

Land Reform and Restitution

Oppenheimer says Alexkor deal 'too slow' - 19 March
Plans to merge De Beers' Namaqualand operations with Alexkor, the beleaguered state-owned diamond miner operating on South Africa’s west coast, had ground to a halt, said Nicky Oppenheimer, chairman of De Beers. He also said the handover of diamond bearing property, formerly owned by Alexkor, to the resident Richtenburg community had not been as quick as expected. - miningmx website

Mondi moves to settle claims affecting up to 48% of its land - 18 March
Pulp, paper and packaging group Mondi, which has dual primary listings on the Johannesburg and London stock exchanges, is confident that its commercial and strategic interests are not in any way threatened by the fact that some 48% of its South African land is still subject to claims by previously disadvantaged communities. - Creamer Media's Engineering News website

It's back to the drawing board - 15 March
Half of South Africa's land projects have failed and the cost of transferring 30% of white-owned farm land into black hands within six years has rocketed to R74-billion. This week, newly appointed Land Affairs acting director- general Thozi Gwanya confirmed that the government was considering a major departure from its previous land reform policies to ensure it meets the land transfer target by 2014. An extra R150-billion would be needed to support new farmers and avert a complete collapse of the country's land redistribution plan, he said. Gwanya's comments follow the release of a sobering Land Affairs Strategic Plan, which details major shortcomings in the pace and effectiveness of land reform. Only 5% of white-owned land has been transferred so far - a paltry 4.7 million hectares - and much of it is already lying idle due to mismanagement or lack of funds and resources. He said policymakers were looking at a new land transfer model that would hopefully make projects more sustainable and agriculturally productive. - The Times website

Legislation

SA legislators seek more Reserve Bank oversight - 20 March
South African legislators have recommended that Parliament revise laws to give it more oversight over the Reserve Bank, raising concerns of political interference in monetary policy as inflation soars. The Reserve Bank has raised its repo rate by 400 basis points to 11% since June 2006 to try to tame inflation, leading to criticism from the ruling African National Congress's (ANC) communist and trade-union allies. Investors fear the ANC - under new leader Jacob Zuma, who beat President Thabo Mbeki in a party vote in December with the backing of the ANC's left and the unions - may be pressured into shifting policy. - Mail & Guardian website

Minerals and Energy

Eskom asks for a shocking 53% price increase - 18 March
Embattled power utility Eskom submitted an application to the National Energy Regulator of South Africa (Nersa) on Tuesday seeking a shocking 60% nominal price increase as from next month as opposed to the 14,2% price increase already sanctioned by the regulator for the 2008/9 financial year. Regulatory member responsible for electricity Thembani Bukula told Engineering News Online in an interview that he had been "as shocked as anybody" on receiving the Eskom numbers in a report submitted on Monday, but that a process of analysis was still required before any assessment could be made to whether it was "reasonable or not". - Creamer Media's Mining Weekly website

Chamber of Mines wants financial guarantees - 19 March
South Africa's mining chamber asked on Wednesday for financial guarantees, governed by international law, to be inserted into a controversial new mining bill. In a submission to parliament, the Chamber of Mines (CoM) argued that such financial guarantees would encourage mineral investment in South Africa, the world's top platinum producer and second biggest gold producer after China. - Creamer Media's Mining Weekly website

Govt gives environmental green light for new power station - 17 March
South Africa's Environmental Affairs and Tourism Minister, Marthinus van Scalkwyk, on Monday dismissed appeals lodged against the construction of Eskom's new Witbank coal-fired power station, Project Bravo. Two appeals had been lodged against the proposed 5 400-MW power station, which formed part of Eskom's plans to boost generation capacity as the country ran into a serious supply shortfall. The appeals related to the impact of ash dump, air impact on a nearby poultry farm, socioeconomic impacts and water quality. - Creamer Media's Engineering News website

17 March 2008
Statement by the Office of Marthinus van Schalkwyk, Minister of Environmental Affairs and Tourism : Appeals against the Environmental Authorisation for the construction of a 5400 mw Coal-fired power station in Witbank
SA Government Information website

InfoUpdate Read of the Day - 17 March
No-nuke age all over again? - 16 March
It isn't just Chernobyl we need to worry about - The truth behind the nuclear industry : uranium mining, uranium tailings, the enrichment process, the fabrication and production of weapons and atomic bombs, waste containment and transportation, the lifespan of radioactive waste substances, and consider too, who benefits. - Khadija Sharife on the Thought Leader blog

Assmang inquiry to resume next month - 17 March
Investigations into the exposure of workers to poisonous manganese at the Assmang Plant in Durban are set to resume again next month. This is after the inquiry which was conducted earlier this year could not be completed. - BuaNews Online website

Assmang decision waits on new report - 17 March
The department of labour's investigation into the blast that killed six Assmang workers last month has been delayed after a wrangle over access to information between the company and an independent expert. Assmang's own independent expert report, compiled by Oasis Consulting and submitted to the department last week, blames a water leak for the explosion. - Business Report website

Municipal Management and Procedure

Sewerage shapes up as next crisis - 18 March
Since 2004 a spate of surveys and technical papers have noted that up to 70 percent of municipal waste-treatment works face collapse for lack of proper maintenance and extension, while around a third require "immediate intervention" and another third intervention "within the short to medium term". - IOL website

Cape Town

Cape authorities clash about housing land - 20 March
At least 4 000 informal structures would be flooded this winter, but the City of Cape Town said its winter readiness programme was being hampered by the provincial government's refusal to release the land it needs for housing and emergency relocation. Mayor Helen Zille said at Wednesday's mayoral committee meeting that the province last year "refused" to hand over land that could be used for emergency housing after heavy floods. - IOL website

eThekwini

Relief for eThekwini ratepayers - 14 March
Every residential property under the eThekwini Municipality will be exempted from paying rates on the first R120 000, irregardless of its market value. Presenting the draft budget to the city's Executive Committee this week, City Manager Michael Sutcliffe said there was no reason for residents to worry as plans were in place to ensure they were not going to be hard hit by the new rates policy. - BuaNews Online website

Johannesburg

Jo'burg scores well in urbanisation report - 19 March
Johannesburg is the second best city in Asia, the Middle East and Africa in dealing with urbanisation and environmental challenges, a report showed on Wednesday. The MasterCard Worldwide Insight Report on urbanisation and environmental challenges ranked Johannesburg second after Melbourne. - allAfrica website

National Prosecuting Authority

News release : 17 March 2008

Urgent interdict launched to prevent disbanding of Scorpions

Johannnesburg-based businessman Hugh Glenister is seeking from the Pretoria High Court an urgent interdict against the government's plan to pass legislation that disestablishes the Directorate of Special Operations (DSO) - otherwise known as the Scorpions.

The respondents in the matter are the President of the Republic, the Minister of Safety and Security, the Minister of Justice and Constitutional Development, the National Director of Public Prosecutions, the head of the Directorate of Special Prosecutions, the Speaker of the National Assembly and the Chairperson of the National Council of Provinces.

In his affidavit Glenister argues that such a plan 'would not be rationally connected to a legitimate governmental purpose'. It would also be a violation of the government's constitutional obligations to initiate new legislation in a constitutionally admissible way and to uphold the rights of every South African to life, dignity, property and security.

"Just call me a concerned citizen," explains Glenister. "I believe our constitutional rights are being violated and Parliament is being undermined by this reckless desire to destroy a functioning institution. The mere act of initiating legislation to disband the Scorpions would mean that, come June, there won’t be an agency left to merge with the police".

Glenister says that since its inception in 2001, the DSO has been extremely successful at combating crime, with conviction rates averaging 85% between 2004 and 2008. (Comparatively SAPS : 27% without figures for 2007/8). During the same period, investigations finalised averaged 259 while the number of prosecutions finalised stood at an average of 203.

The organisation also led to the prosecution (or pending prosecution) of a number of high-profile and cases of corruption, fraud and other crimes, including the 'travelgate scandal' in Parliament, Shabir Shaik, ANC President Jacob Zuma, Tony Yengeni and Police Commissioner Jackie Selebi and continues to investigate irregularities in the so-called arms deal.

"The citizens of South Africa – particularly the poor – and our economy are essentially living in a state of emergency with crime levels what they are. This act is akin to dismantling our arsenal in the middle of a war," says Glenister.

He says that the government's push for an incorporation of the DSO into the SAPS, notwithstanding the success of the former, finds its origin in the ANC's resolution to dissolve the DSO as a 'matter of urgency'. The resolution was taken at the ANC's African National Conference, held in Polokwane in December 2007.

"The resolution was passed because the DSO has been too effective when it comes to investigating various high-profile members of the ANC," Glenister says. "I believe it was passed in order to protect various ANC members from current and future investigations by the DSO. It was not passed because the DSO was unsuccessful in its mission".

This in itself is indication enough that in this case, governmental conduct is not rationally connected to a legitimate governmental purpose, "failing which it will be unconstitutional," Glenister concludes.

Furthermore, disbanding the DSO and incorporating it in the SAPS is a blow to efforts to fight crime, as the latter is 'not well positioned to perform functions of the sort that fell under the DSO', the affidavit says.

It is well documented that the SAPS does not have a good track record with regard to its ability to successfully fight crime, arrest suspects and investigate crime in such a manner that lends itself to more and successful prosecution.

"If it was just a change in reporting function they are after, why would this require an Act of Parliament?" he asks.

For Glenister, initiating the new legislation will also bring about the de facto destruction of the DSO long before the relevant legislation is enacted.

The reason for this is that many of its members would inevitably seek alternative employment once legislation is initiated to disestablish the unit in which they work, the affidavit says.

"Since their vacancies will not be filled, those members of the DSO who remain behind would be rendered institutionally incapable of performing their crime-fighting tasks. This would have a negative impact on the ability of the DSO to perform its functions".

Under the auspices of the Society for the Enforcement of Government Accountability Glenister has also filed a petition on website www.mypetition.co.za to gauge people's views on the government's plan to disband the DSO. More than 28 000 signatures have been affixed to the petition (number 39) to protest the government's plan.

He has also launched an SMS number for people to send the word KEEP and their full names to register their protest – SMS 31970 – standard rates apply.

"The Constitution allows public referenda to be called. Perhaps this is a time when South Africans should demand this of the government that, after all, is meant to work for us".

Mr Glenister is advised by Kevin Louis of Wertheim Becker. Counsel in the matter are Advocate David Unterhalter SC and Alfred Cockrell.

Issued by : FD Beachhead

Scorpions boss to face the music over report - 20 March
Scorpions boss Leonard McCarthy is set to be disciplined over the Special Browse Mole document. McCarthy is believed to have already given notice of his resignation ahead of his unit's disbanding, so it is not clear how this will affect his last days in office. On Wednesday the national assembly adopted a report of parliament's joint standing committee on intelligence (JSCI) on the Special Browse Mole Report. - IOL website

Road Accident Fund

Treasury adopts 'holding approach' to ailing RAF - 19 March
The treasury had adopted a "holding" approach to the insolvent Road Accident Fund (RAF) pending a holistic reform of the system of compensating road accident victims, treasury head of public finance Andrew Donaldson said yesterday. Donaldson had been called before Parliament's transport committee to explain how the increase in the fuel levy, which funds the RAF, was arrived at as it bore no relation to the RAF's revenue requirements. - allAfrica website

Stats Online

Community Survey 2007
http://www.statssa.gov.za/community_new/content.asp

Miscellaneous

Mandela prison island turning into ghost town - 16 March
South Africa's once notorious Robben Island penal colony risks ghost town status as its last residents trickle off in search of creature comforts on the mainland. The population of penguins, seals and feral cats far outnumbers the 112 human inhabitants of the present day heritage site - mostly former prison warders and their families now performing a variety of museum duties. Thirty-eight residents left in the last year alone. - AFP website

Democratic Republic of Congo

DRC to publish mines review March 20 : Minister - 17 March
The Democratic Republic of Congo will publish the long-awaited final report of a mines contract review commission on Thursday, Mines Minister Martin Kabwelulu said on Monday. "We announce to all the sector's operators and to the interested public that the government of the republic has decided to publish the final report of the mining contract revisitation commission," Kabwelulu said. "It can be found from Thursday March 20, 2008 on the website www.miningcongo.cd . . . Government resolutions will follow," he said. - Creamer Media's Mining Weekly website

Equatorial Guinea

Mann ready to name names in exchange for early release - 16 March
The jailed mercenary Simon Mann has cut a deal with prosecutors in Equatorial Guinea, and will be released early if he provides hard evidence against the organisers and funders of a failed 2004 coup plot, according to sources in the oil-rich West African country. - Independent [UK] website

Simon Mann may be moved to UK jail - 16 March
Simon Mann, the former SAS officer who led the 2004 "wonga coup" – a botched attempt to overthrow the dictator of oil-rich Equatorial Guinea – could be allowed to serve his prison sentence in Britain instead of the infamous Black Beach jail. Government sources in the tiny west African state said President Teodoro Obiang Nguema raised the possibility of Mann's transfer with diplomats at a recent meeting in the capital, Malabo. He told them he wanted better relations with Britain and suggested his foreign minister should visit London to discuss the case. - Times Online website

SA govt says Simon Mann's claims are laughable - 12 March
Government has rejected claims by jailed British mercenary Simon Mann, that it backed his plot to overthrow the government of Equatorial Guinea. Mann is in prison in the West African state, where he is awaiting trial after being extradited from Zimbabwe earlier this year. - SABC News website

Zimbabwe

Zimbabwe election run-up 'flawed' - 19 March
Zimbabwe is failing to meet its democratic obligations in the run up to elections on 29 March, says an international human rights group. Human Rights Watch (HRW) says the government has intimidated opposition supporters, and that the electoral process is deeply flawed. The US-based group says Zimbabwe's Electoral Commission is inadequately prepared to run the poll. The government has yet to respond to the report. - BBC News website

Pakistan

Speculation over restoring judiciary - 19 March
The Pakistani capital was abuzz on Tuesday with the possible reaction from the Supreme Court and President Pervez Musharraf to a resolution that the Pakistan People's Party and the Pakistan Muslim League (N) have pledged to adopt on restoring the judiciary to its pre-November 3 status. A meeting of the full court convened by Chief Justice Abdul Hameed Dogar on Tuesday set off speculation that moves were afoot in the Supreme Court to block Parliament from taking this step. - The Hindu website

Courts

Teen girl detained over "happy slapping" death - 18 March
A teenage girl who filmed the fatal beating of a man on her mobile phone was detained for two years at Leeds Crown Court on Tuesday in the first prosecution of its kind. The 15-year-old, who cannot be named for legal reasons, is believed to be the first person prosecuted in England for a so-called "happy slapping" incident. She had pleaded guilty last month to aiding and abetting the manslaughter of Gavin Waterhouse. Mark Masters, 19, from Keighley, and Sean Thompson, 17, from Bradford were sentenced to seven and six years respectively last week after admitting to Waterhouse's manslaughter. - Reuters website

Family Law

17 March 2008
FD06D03721
McCartney v Mills McCartney

Heather Mills and Paul McCartney divorce : a divorce lawyer's opinion - 19 March
Mr Justice Bennett's judgment will make hard reading for Miss Mills. She was described as a "less than impressive witness" while her account of her contributions to the marriage was, on one occasion, depicted as "devoid of reality". - Telegraph website

Heather Mills' contribution to Paul McCartney marriage : an acrylic fingernail - 19 March
One of the few positive things to come out of Sir Paul McCartney’s four-year marriage to Heather Mills was her suggestion that he should wear an acrylic fingernail to protect one of the fingers he uses for strumming the guitar, the judgement issued at the end of their divorce battle said. - Telegraph website

How Fiona Shackleton got a foxy new look - 19 March
It has become a national spectator sport to sit back, humming the Benny Hill theme tune, and watch Heather Mill's every action implode. Mills's Oscar-worthy performance in court on Monday - when, in an admirable feat of physics, she hurled a jug of water over Sir Paul McCartney's lawyer Fiona Shackleton - has precipitated a two-pronged backlash. Obviously, the woman has made a total horse of herself, but worse she has inadvertently turned Shackleton into a babe. - Telegraph website

Lives laid bare by McCartney judgment - 19 March
Media-shy executives with less-than-perfect marriages may be thinking twice about divorce after every detail of the breakdown of Sir Paul McCartney's marriage to Heather Mills – as well as their "fabulously wealthy" lifestyle – was laid bare before the public. In an extraordinary judgment that is likely to do neither party any favours, Ms Mills is portrayed as a "volatile and explosive" character who made a less-than-impressive witness, while Sir Paul is left to contend with her allegations of drug and alcohol abuse, violent conduct and media smears.  - Financial Times website

Mills loss divorce ruling appeal - 18 March
Full details of the divorce of Sir Paul McCartney and Heather Mills have been made public after Ms Mills was told she could not appeal against publication. Ms Mills said she wanted to keep the full ruling secret because it contained private details that could affect the security of their daughter Beatrice. The decision came a day after a High Court judge awarded Ms Mills £24.3m. - BBC News website

Arms and Ammunition

US court to hear key gun law case - 18 April
The United States Supreme Court is to begin hearing arguments in a landmark case about the country's gun laws. It is the first time in nearly 70 years that Americans' right to keep and bear arms is being debated in court. The nine justices will decide whether to uphold or overturn the handgun ban in Washington DC, but their decision could have a national impact.  - BBC News website

Courts

US court to rule on TV expletives - 17 March
The US Supreme Court has agreed to review the issue of expletives on the airwaves, a move that may re-open the debate over broadcast indecency. - BBC News website

Land Affairs and Property

Building roulette : the new Victorian coal mine - 19 March
During the 1990s, New York gave up on the function of building inspection, without issuing an official declaration of surrender. Year after year, graft scandals would wipe out dozens of inspectors at a time. By the end of 2001, the number of inspectors had dwindled to 277 from about 800 in the early 1990s. Developers were left to operate on what amounted to an honor system. - New York Times website

Australia will be first to excel at mining the ocean floor : Canadian prof - 14 March
In 1870, Verne wrote in Twenty Thousands Leagues Under The Sea that "in the depths of the oceans there are mines of zinc, iron, silver and gold that would be quite easy to exploit". Since Verne wrote his classic fantasy tale - nearly 140 years ago - oil, diamonds, gas, sand, aggregate, heavy minerals (titanium, chromium) and tin have all been extracted from the sea floor. However, never before have copper, zinc, and significant amounts of gold been retrieved from the ocean depths. This will change soon, though, if one or two enterprising companies have their way. The potential for marine mining is certainly vast. - Creamer Media's Mining Weekly website

Environment

Addressing consumer concerns about climate change - March 2008
Business executives are catching up with consumers in expressing concern about global warming and other environmental issues, two global surveys indicate. In a sea change over the past 12 months, executives now regard the environment as the sociopolitical issue that will attract the most attention, by far, from the public and politicians over the next five years. Article by Sheila M J Bonini, Greg Hintz, and Lenny T Mendonca. - McKinsey Quarterly website

Have a vacancy for a newly admitted attorney in the Durban area

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The ABC of Conveyancing deals with all aspects of conveyancing without pre-supposing any previous knowledge of conveyancing.

The author, who runs a training institute for conveyancing secretaries, carefully explains all concepts and provides a step by step explanation through the conveyancing process. Apart from numerous examples, each chapter provides an overview of the learning outcome as well as a 'test yourself' section.

All steps in the conveyancing process are illustrated with samples of documents, forms and precedents.

"L.E.A.D welcomes this new publication. The content is relevant, well-structured and presented in an outcomes-based format. This makes it an ideal resources for training of support staff and even of aspirant conveyancers. In fact L.E.A.D has already chosen the book as learning material for its current skills programme. I have no doubt that any firm will benefit from having The ABC of Conveyancing on their shelves" - Nic Swart, Director, Legal Education and Development [L.E.A.D], Law Society of South Africa

Contents

▪ What conveyancing is about
▪ Immovable property, ownership and real rights
▪ The different faces of property ownership : freehold, leasehold, sectional titles, and others
▪ The South African Deeds Registration System
▪ The law relating to conveyancing
▪ Role-players in the transfer process
▪ Receiving and processing the transfer instruction
▪ Agreements : terminology, legal principles and practice
▪ Common clauses in a property sale agreement
▪ Deeds Office print-outs and deeds searches
▪ The FICA and its implications for conveyancing transactions
▪ Communicating with the role-players at the outset of the transfer
▪ The legal nature of clients
▪ Marriage law and conveyancing
▪ Companies, close corporations, trusts, partnerships
▪ Information and documents required
▪ Monitoring and reporting
▪ Drafting and signing of transfer documents
▪ Managing the finances in the transfer file
▪ Transfer duty and VAT
▪ Rates/levy clearance, beetle and electrical compliance certificates
▪ Introduction to mortgage bonds
▪ Different types of bonds
▪ Drafting of bond documents
▪ Finances, lodgment, registration and winding up the file
▪ Cancellation of mortgage bones

Of interest and benefit to :

▪ Conveyancing secretaries
▪ Paralegals
▪ Mortgage originators
▪ Estate agents
▪ Bank employees working with mortgage bonds and securities
▪ Anyone wanting to learn more about conveyancing

Contact

Bev Purdon
Telephone : 031-304 4335
Fax : 031-304 4284
Email : bpurdon@juta.co.za