Media statement by Justice Pius Langa, the Chief Justice of South Africa

I would like to express my dismay and deep sadness at the recent and continuing acts of violence committed in our country against our brothers and sisters from other African states. My condolences go to those who have been bereaved and I have nothing but the deepest sympathy for all the victims of this violence.

The conduct of those responsible for the attacks does not reflect the values of South African society embedded in our Constitution. Our legal system and the Constitution which is the supreme law, are firm and clear in their recognition of the fundamental human rights of all who find themselves inside our borders.

These rights include the right to life, the right to personal security, the right not to be unfairly discriminated against and certainly the right to human dignity.

Any violation of fundamental human rights must be condemned in the strongest possible terms. It is all the more reprehensible when directed against vulnerable groups in our society, such as women, children and other defenceless people. We cannot deny or destroy the human dignity of others without damaging our own as human beings.

Our task as South Africans is to uphold the rule of law and the values and rights in our Constitution, which was born out of the struggle for justice and freedom in our land, and to serve as an example for our continent and the world. Ignoring this will negate the gains this country and its people have achieved. There are major challenges we still need to overcome as a nation and as a people ; I refer to the serious and urgent problems of poverty, hunger, homelessness and joblessness, which are the aftermath of apartheid rule, and which are still with us. Only a concerted effort by all will win us the ultimate victory that is our people's due. We cannot win if we resort to the weapons of oppression, division and destruction of one another.

I accordingly call on all the people in this country to do everything in their power to bring an end to these attacks, to foster understanding among all our people, including those who come from beyond our borders and to promote respect for the rule of law and the rights of all human beings.

Activists "Stand up for Zimbabwe" in demonstrations across South Africa

Hundreds of activists today took to the streets in Pretoria, South Africa in a show of human solidarity with victims of political violence and human rights abuses in Zimbabwe.

The number of demonstrators is estimated at 500. Activists, mainly from the Treatment Action Campaign of South Africa, marched from Pretoria's Town Hall to Union Building, the seat of government in South Africa to deliver a petition which demands immediate action by the South African government, the African Union and the Southern African Development Community to end systematic political violence in and guarantee a democratic transition of power in Zimbabwe.

The march was one of many events staged across Africa to launch a global call to action on Zimbabwe, called the Stand Up for Zimbabwe campaign.

For more information, including pictures, go to www.standupforzimbabwe.org or call Gugulethu Moyo, International Bar Association Programme Lawyer for Southern Africa issues, attending the demonstrations in South Africa :

Telephone numbers :
South Africa +27846328950
United Kingdom +447711287532
E-mail : gugu.moyo@int-bar.org

Romana
Press Office, International Bar Association
+44 (0)7940 731 915

The IBA has recently called on the Southern African Development Community, the African Union and the United Nations to urgently deploy human rights monitors to independently observe and report on the escalating political violence in Zimbabwe. In a series of press statements issued in the aftermath of Zimbabwe's recent presidential and parliamentary elections, the IBA has expressed deep concern at the ongoing crisis. The current climate of violence and impunity threatens the basic rights of Zimbabwean citizens, who are guaranteed protection from human rights violations under international law.

Reports of incommunicado detention of officials from the Zimbabwean Electoral Commission, as well as violence against opposition leaders and voters, have been widespread in Zimbabwe. The IBA Programme Lawyer focusing on Southern Africa, Gugulethu Moyo, has provided the global media with detailed and objective analysis of the situation as events unfold. Leading international broadcasters regularly seek her expert commentary. In a dedicated section of the website, Focus on : the Zimbabwe elections, recent interviews and opinion pieces are showcased, together with IBA statements and media coverage.

Further, the IBA was instrumental in preventing a Chinese arms shipment bound for Zimbabwe from offloading its cargo in South Africa. The Southern Africa Litigation Centre (SALC), an organisation created by the IBA in partnership with the Open Society Initiative for Southern Africa, submitted an affidavit before the Durban High Court. The SALC assembled the legal team, devised the strategy to bring the challenge, and assembled the documentation that was used as the basis on which to bring the application. The IBA's Human Rights Institute provided evidence in support of the bid in the form of a report entitled 'Partisan policing : an obstacle to human rights and democracy in Zimbabwe'. The report, which documents routine human rights violations against Zimbabwean citizens, was published following a fact-finding visit to Zimbabwe in 2007 and was key to securing this legal victory. The Court ruled that the shipment could not be transported through South Africa and should be impounded. However, before the court order could be served, the ship, the An Yue Jiang, which had docked in Durban in April, pulled anchor amid varying reports that the Chinese authorities had recalled it ; and that it was heading for Mozambique.

The IBA continues to monitor the ongoing crisis in Zimbabwe and take relevant action where appropriate.

Law Society calls for urgent measures to deal with xenophobic attacks

The Law Society of South Africa (LSSA) expresses its grave concern and condemns the ongoing violence and human rights abuses being perpetrated against foreign nationals, asylum seekers and others in the xenophobic attacks that have spread in various areas of the country over the past few days.

'Our Constitutional Court has confirmed that the rights contained in the Bill of Rights
apply and extend to everyone, and are not limited to South African citizens only,' say LSSA Co-Chairpersons Vincent Saldanha and CP Fourie.

They add : 'These rights include the right to life, dignity, equality, freedom from violence – whether from public or private sources –  freedom of movement, not to be deprived arbitrarily of property, bodily and psychological integrity, access to health care, food, water and social security. In addition there are the rights of women not to be abused as well as the rights of children to family care, basic nutrition and health care and to be protected from maltreatment and degradation'.

The LSSA calls on attorneys to participate in and assist with civic, community and policing forums to mediate between parties who have suffered losses and others who believe they have genuine grievances and concerns that may have led to the xenophobic attacks. 'Attorneys are equipped with the necessary skills to mediate between parties and to provide information on the rights and duties of citizens in a constitutional democracy,' say Mr Fourie and Mr Saldanha.

'The LSSA also stresses that perpetrators must be seen to be apprehended speedily and prosecuted to the full extent of the law,' say the Co-Chairpersons.

The LSSA adds its voice to calls for an urgent summit on xenophobia to deal with the current crisis and to establish the root causes of the attacks, so as to find immediate solutions as well as long-term policies to deal with and eradicate xenophobia and to educate all in South Africa as to the rights and duties of all people who live in our country. The LSSA commits itself to participating in such a summit and any initiatives that may arise from it.

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa
By Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 / 083-380 1307
E-mail : barbara@lssa.org.za
Website : www.lssa.org.za

Law Society calls for holistic solution to the scourge of crime

The scourge of crime in our country urgently needs a more holistic and serious solution which includes the proper training and deployment of police, as well as a proper overhaul of the criminal justice system in South Africa, say Law Society of South Africa (LSSA) Co-Chairpersons Vincent Saldahna and CP Fourie.

They add : 'Government is urged to give its undivided attention to finding such a solution, since the unacceptable levels of crime – particularly violent crime – are, among other things, a serious threat to our young democracy. The LSSA is committed to assisting the State in whatever way it can in that process, and so contribute meaningfully to making our country safer and more secure for all who live in it,' say Mr Fourie and Mr Saldanha.

While acknowledging the unacceptable levels of crime in our country, the LSSA, however, expresses its concern at the statements which have been made by the Deputy Minister of Safety and Security, Ms Susan Shabangu, in encouraging both members of the public and of the South African Police Service (SAPS) to use deadly force against suspected criminals.

'Owners of licensed firearms, be they members of the public or the SAPS, must in terms of legislation be fully cognizant of their rights and responsibilities as contained in legislation governing the use of firearms,' say the LSSA Co-Chairpersons.

'There should be no confusion in the minds of the public or the SAPS, and statements that may simplistically respond to populist views and confuse members of the public into acting unlawfully and taking the law into their own hands, are irresponsible,' they state.

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa
By Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 / 083-380 1307
E-mail : barbara@lssa.org.za
Website : www.lssa.org.za

Law Society calls for respect for human rights and rule of law in Zimbabwe on release of election results

The Law Society of South Africa (LSSA) calls for the speedy release of the results of the parliamentary and presidential elections in Zimbabwe. The LSSA also urges all the parties involved in the elections, both in Zimbabwe and in a monitoring capacity, to ensure that human rights, the rule of law and transparent electoral procedures are respected and protected.

'The people of Zimbabwe must be assured of a democratically elected government and authorities that protect and promote human rights and the rule of law. The Zimbabwean authorities must desist with the reported harassment, attacks and arrest of electoral workers and officials, lawyers, journalists and members of opposition parties,' say LSSA Co-Chairpersons Vincent Saldanha and CP Fourie. 'Lawyers must be assured of having access to their clients. People who have been attacked and injured by the authorities must have access to their lawyers and must be permitted to pursue criminal charges against illegal arrest and harassment. Also, the authorities must respect court judgments and rulings in this regard,' say Mr Saldanha and Mr Fourie.

The LSSA offers its support to Zimbabwean lawyers, the Law Society of Zimbabwe and Zimbabwe Lawyers for Human Rights during this critical time in the election process.

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa
By Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 / 083-380 1307
E-mail : barbara@lssa.org.za
Website : www.lssa.org.za

A SASSETA-funded initiative run by the Law Society of South Africa in cooperation with the Black Lawyers Association (BLA)

This workshop is for the benefit of Candidate Attorneys in and around Durban, Bloemfontein, Cape Town and East London

Purpose

The workshop seeks to equip Candidate Attorneys with Trial Advocacy Skills to be able to present their cases before the clients and the court persuasively and with confidence. It also seeks to improve learners' oral communication and confidence.

Topics Covered

▪ Opening Statements
▪ Persuasion and Case analysis
▪ Cross Examination
▪ Impeachment
▪ Handling of exhibits and testimonies
▪ Closing arguments
▪ Efficient Oral Communication
▪ Confidence Development

Workshop Dates

Durban : 6-8 June 2008

Times

08h30-16h00
Lunch included

Venues

Exact venues will be communicated to all registered participants

Workshop Fee

The course is fully funded by SASSETA

Contact

Ashley Mashaba
L.E.A.D
Telephone 012-441 4620
Email : shitereka@lssa.lead.org.za

Presenter

Ms Ceris Field
Attorney in Cape Town, Lecturer for University of Cape Town and L.E.A.D

Purpose

To teach participants to understand and to administer a deceased estate

Content

▪ Interpreting a will
▪ Administration Process
  ▪ Reporting to Master
  ▪ Collecting assets
  ▪ Paying liabilities
  ▪ Advertising requirements
  ▪ Drafting Liquidation and Distribution Accounts
  ▪ Calculating estate duty
  ▪ Transfer of assets and payment to heirs
  ▪ Final requirements
▪ Minor beneficiaries
▪ Practical example

Outcome

To provide participants with knowledge, skill and confidence to administer a deceased estate

Who Should Attend?

Attorneys in general practice who have little or no experience in the field of deceased estates

Dates and Venues

Cape Town : 19/20/21 June 2008

East London : 17/18/19 July 2008

Durban : 14/15/16 August 2008

Midrand : 28/29/30 August 2008

Bloemfontein : 04/05/06 September 2008

Polokwane : 18/19/20 September 2008

Time

09:00–16:00 (all days)

Registration Fees

R1 500 per person for 3-day Workshop

Any person registering for a seminar will be held liable for payment should they not attend without prior notification of cancellation

L.E.A.D reserves the right to cancel a seminar should the number of delegates not justify the costs involved

Contact

Seminars Department : L.E.A.D
P O Box 27169, Sunnyside, 0132
Docex 247, Pretoria
Telephone : 012-441 4608
Fax : 012-341 3784
E-mail : sharon@LSSALEAD.org.za or beverley@LSSALEAD.org.za

26 May 2008

The BLA at its General Meeting in Pietermaritzburg on 24 May 2008 issued the following statement

Having realized the gravity and seriousness of the xenophobia problem currently taking place in South Africa, and the BLA having the responsibility of protecting the Constitution of the Republic of South Africa move that :

▪ Xenophobia be declared a crime against humanity in South Africa and the State should take steps to pass legislation to that effect as a matter of urgency

▪ The current situation be declared a national disaster and all the victims should be protected by the Constitution of the Republic

▪ The derogatory words such as makwerekwere or magrigamba be declared hate speech and unlawful under the Constitution

▪ The Government should further the root cause of this problem and extend a word of apology to the victims and their families as such

Dated at Johannesburg this 26th Day of May 2008

Xenophobic and other violence in South Africa

The National Association of Democratic Lawyers (NADEL) joins with all the progressive forces in South Africa and the world in condemning the violence which had taken place in parts of Gauteng, and which has now spread its ominous wings to many other parts of South Africa. This violence is a blot on our country which has produced one of the finest Constitutions in the world and which in 1994 was born as a beacon to the warring nations, of peace, reconciliation and justice for all. NADEL supports the call for government to act swiftly to bring this violence to a halt and to hold the perpetrators to account.

NADEL also calls on the Government :

1. to hold a full enquiry, in the form of a Judicial Commission, to investigate all the factors and causes that gave rise to this crisis, identify persons or organizations if any, who may have instigated this dastardly activity and recommend appropriate action against such persons

2. to offer structural, financial, psychological and any other appropriate relief to all the victims of this violence

3. to strengthen and assist to revitalize the non-governmental and community based organizations so that civil society can be brought to the pre-1994 levels

4. to provide political and moral leadership that will restore the peoples' confidence in the rule of law, respect for all independent institutions of our democracy, like the judiciary, the prosecutorial authority, the police services and the media

NADEL believes that these amongst other suggestions will help us to retrace our post 1994 steps that allowed South Africa to walk proudly on the world stage and rebuild our nation to reach the level that it should have been in 2008. Moreover, the failure to condemn dictatorial conduct, violence by gangsters and paramilitary structures that act against democratic programmes in neighbouring countries can only serve to spawn similar conduct within our borders. Justice, truth and non violence is hardly in the vocabulary of political speeches of leaders in Parliaments, both nationally and provincially, especially over the past year. The moral fibre of our nation has shrunk. The consequences are there to see in our schools, tertiary and other institutions of learning and broader society. South Africa is at the crossroads. Our leadership has major responsibilities to point the country in the way that we marched as a nation after 1994.

Law Society of Namibia calls for urgent measures to deal with xenophobic attacks in South Africa

Various persons and organisations, such as the Chief Justice of South Africa, the Law Society of South Africa (LSSA), the Black Lawyers Association (BLA), the National Association of Democratic Lawyers (NADEL) and the SADC Lawyers' Association (SADC LA) condemned the ongoing violence and human rights abuses against foreign nationals, asylum seekers and others in the xenophobic attacks that have spread in various areas of South Africa over the past few days.

Being a member state of the SADC region and a member of the SADC Lawyers Association, the Law Society of Namibia, has taken note of the recent events and press releases. The Law Society of Namibia shares the views expressed by the SADC Lawyers Association and condemns the recent outburst of xenophobic violence in parts of South Africa which resulted in a number of people losing their lives and others being seriously injured :

"Our Southern African democracies have their foundations in democratic values such as a climate of legality, the rule of law and fundamental human rights, including freedom from unfair discrimination. The principle of non-discrimination is deeply embedded in the values of the new democratic societies that we sought to create by rejecting the injustice and inequality of apartheid. The recent outburst of xenophobic violence is the very antithesis of the new societies the people of Southern Africa sought to create when they vigorously campaigned and fought against the inequality and injustice of apartheid. Accordingly, xenophobia represents a betrayal of some of the major goals of our democratic struggles and should be condemned in the strongest possible terms.

Also to be condemned is the bad governance, violence, gross violations of human rights and attendant economic deterioration in various parts of Africa which have resulted in wide spread violations of socio economic rights and an increase in the injustice of poverty. We urge governments of Africa to ensure observance of good governance and the enjoyment of the fundamental rights of their people.

We convey our condolences to the bereaved and those who suffered injury and loss of property as a result of the violence and urge the authorities concerned to ensure that perpetrators are brought to justice"

The Law Society of Namibia calls on all the people in South Africa to do everything in their power to bring an end to these attacks, to foster understanding among its people, including those who come from beyond its borders and to promote respect for the rule of law and the rights of all human beings.

Yours sincerely

M Steinmann (Mrs)
Director

Andrew Makoni, one of Zimbabwe's most prominent human rights lawyers, has fled to South Africa after receiving several credible threats that Zimbabwean security officials have been instructed to kill him, according to the Southern Africa Litigation Centre (SALC). Several other high-profile human rights lawyers also said to be targeted.

Makoni's sources indicate that the strategy is to eliminate at least one prominent human rights lawyer to deter others from publicising and providing defence to the victims of the escalating political violence. Information he received was that the plan to kill him had been put into action and that a special team of security agents had been assigned to the police station nearest his home in order to execute the assassination.

This is not the first time that Zimbabwean human rights lawyers are the target of these types of threats. In March 2007, Mr Makoni and his law partner, Alec Muchadehama, acting for political activists tortured in detention, were themselves unlawfully detained. Several of the lawyers, including Beatrice Mtetwa, who protested against this unlawful detention were forced into police vehicles and driven to a secluded area where they were beaten.

And in 2006, lawyers at ZLHR, including its then head, Arnold Tsunga, were subject to a systematic campaign of intimidation, including death threats.

The recent threats are cause for heightened concern, however, following as they do the orchestrated violence unleashed by Zimbabwean security agents in the wake of the March elections and specifically the murders in the past two weeks of at least four of Mr Makoni's clients : Better Chokururama, Godfrey Kauzani, Cain Nyere and Shepherd Jani.

Said SALC Director, Nicole Fritz : "When the most prominent, the most active and the most courageous human rights lawyers are targeted and forced to flee, you know that you're dealing with the most grotesque forms of impunity.

"South African and regional leaders need to put human rights monitors on the ground now because the Zimbabwean authorities who refuse to relinquish power can not be trusted to secure the lives, let alone the interests, of their citizens".

Issued by : FDBeachhead Media & Investor Relations on behalf of The Southern African Litigation Centre

The following topics will be canvassed at the Association's next function to be presented at :

Time : 15h00

Date : 2 July 2008

Venue : Durban Country Club

▪ The main contractor is insolvent – What now?
▪ To what extent can the client influence the principal agent/engineer?
▪ A property is sold with illegal buildings on it – Who is responsible?
▪ Do you require plan approval to construct brick paving?
▪ Builders' liens and keys
▪ Who is responsible for ascertaining the scope of the works in lump sum tenders?
▪ Architects' certificates and provisional sentence
▪ The latest principles governing the review of an arbitrator's award
▪ Are minutes of site meetings adequate notice under the contract?
▪ When does the contractor's claim for payment prescribe?

Presenter

Alastair Hay, Branch Chairman of the Association

SAQSA members attending will gain CPD points. CPD accreditation for SAICE and Institute for Architecture members is pending.

Free snacks and a cash bar will be available after the function.

Contact

Trixie Milton
E-mail : tmilton@coxyeats.co.za

Constitution and Code of Ethics at http://cdslas.bravepages.com/KAPSL/Constitution%20KAPSL%20-%203%20June%202008.pdf

6 June 2008

Meeting of the Judicial Service Commission

Members of the Judicial Service Commission will meet at the Airport Grant Hotel in Johannesburg on 06 June 2008 at 11:00 in order to decide procedural and other questions which must necessarily be disposed of before the complaint by members of the Constitutional Court against Judge President M J Hlophe can, on a later date, be dealt with by the Commission.

Justice C T Howie
For the Judicial Service Commission

3 June 2008

The BLA has learnt with great concern the allegations made against Judge President Hlophe (JP). Our position on the issue is that we do not know the facts, and in any event we are aware that judges do discuss cases with other judges, even with other judges in other divisions, and therefore because there is no evidence as to what exactly happened, the profession must wait to hear what the JSC will decide. The BLA would only urge that the JSC must be expeditious in dealing with the issue.

The BLA will not join the chorus of those who say the JP must step down pending the outcome of the JSC inquiry. This is because the JP is entitled to a fair process and to a presumption of innocence till his guilt or otherwise has been proved.

If the JP, of his own free will decides to take leave, that should be his choice, and it should not be the expectation of anyone that he will not return from leave until his case has been decided by the JSC. If he decides to return from leave before the JSC has finished its investigation, it should be his prerogative to do so.

He is guilty of no crime, and he should be entitled to be treated as such.

Andiswa Ndoni
President BLA
011-518 5066

3 June 2008

The serious allegations against Judge President Hlophe strike at the heart of the legal profession and what the judiciary is and should be.

The General Council of the Bar of South Africa welcomes the indications that the Judicial Service Commission will expeditiously deal with the complaint. We call upon the Judicial Service Commission to ensure that the process is also transparent so that there is no room  for uninformed speculation.

It is untenable that, pending the investigation of the complaint, the Judge President stays on active duty. The seriousness and source of the complaint, as well as its ramifications, demand that he goes on special leave. If he does not do so voluntarily, the Minister of Justice and Constitutional Affairs and/or the Judicial Service Commission must see how that can be facilitated as a matter of urgency.

Accordingly, we fully support the stance of the Cape Bar Council in the complaint against Judge President Hlophe.

We believe that when serious allegations, which are not frivolous or vexatious, are made against any person in public office, he or she should always stand down until the allegations have been tested. That has nothing to do with a presumption of innocence, which is a concept closely related to the criminal law, but everything with the trust reposed in such persons. This applies even more to judges.

J W Eksteen SC
Chairman
Council of the Bar of South Africa
June 3 2008

Source : http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=90852&sn=Detail

2 June 2008

Statement issued by Chairperson and Co-Chairperson

The Cape Bar Council is encouraged by the statement made on behalf of the Judicial Service Commission, reported in the press, to the effect that the complaint laid against Judge President Hlophe by the judges of the Constitutional Court will be dealt with as a mailer of urgency.

Given the seriousness of the complaint by the Constitutional Court judges against the Judge President, the Cape Bar Council, as stated publicly, considers that it would be untenable for Judge Hlophe to continue in office pending the determination of the complaint by the Judicial Service Commission.

In the circumstances, and in order to safeguard public confidence in the independence and impartiality of the judiciary, the Cape Bar Council today requested the JSC to facilitate Judge Hlophe's absence from office pending the final determination of the complaint.

Ashton Schippers SC
Vice Chairperson
Cape Bar Council

Rudi van Rooyen SC
Chairperson
Cape Bar Council

Source : http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=90846&sn=Detail

3 June 2008

Judge President Hlophe

The National Association of Democratic Layers (NADEL) having considered the statement of the judges of the Constitutional Court issued by Chief Justice Pius Langa in connection with the remarks allegedly made by Judge John Hlophe to certain judges, supports the numerous calls for the speedy resolution of this complaint by the Judicial Service Commission (JSC). The due process that follows any complaint must be respected by all sectors of the public and the media. The independence of and respect for the Judiciary must be observed during this process. The JSC should regard this matter of grave importance to warrant an early sitting to bring finality to an issue that has gripped the attention of the public. Further speculation and gratuitous remarks about the allegations and the person of Judge Hlophe places unfair pressure on the JSC and only serve to undermine the rights of all parties to be fully heard before a finding can be made.

Krish Govender
Media Secretary

2 June 2008

Law Society urges Judicial Service Commission to deal with complaint against Judge President Hlophe expeditiously

The Law Society of South Africa (LSSA) expresses its grave concern at the complaint lodged by the Constitutional Court judges against Cape Judge President John Hlophe.

'The LSSA has no doubt that the Constitutional Court judges considered the matter carefully before lodging the complaint with the Judicial Service Commission (JSC),' say LSSA Co-Chairpersons CP Fourie and Vincent Saldanha. The LSSA has noted the statement of the Constitutional Court judges in this regard.

The Co-Chairpersons add : 'The JSC is the constitutionally appropriate body to deal with complaints of alleged judicial misconduct, and the LSSA urges the JSC to deal with the matter expeditiously in view of the seriousness of the complaint'.

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa
By Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 / 083-380 1307
E-mail : barbara@lssa.org.za
Website : www.lssa.org.za

Businessman Hugh Glenister, who was seeking an urgent interdict against the government’s decision to disestablish the Directorate of Special Operations (DSO, also known as the Scorpions) has instructed his attorney to take the matter to the Constitutional Court.

This was after Pretoria High Court Judge van der Merwe ruled that the Court had no jurisdiction to rule on the matter, thus making it unable to grant Glenister the interdict he sought.

Though Glenister said he was "disappointed" with the Judge's decision, he also said he was not finished with his quest to have the government's action overturned by a Court decision.

"Saying that the Court has no jurisdiction over the matter does not mean at all that our case has no merit. It just means the matter has to be referred to another court, in this case the Constitutional Court. And this is precisely what we intend to do," Glenister said.

"The Scorpion fight is not over yet. We hope the Constitutional Court will hear our case to curtail politically-motivated rather than constituency-centric government action".

Glenister was seeking an urgent interdict from the Pretoria High Court against the government decision to disestablish the DSO. He said the plan "was not linked to any government legitimate purpose" and violated his Constitutional rights.

To be heard by the Constitutional Court, Glenister's legal team must file certain documents and will be preparing these over the next couple of days.

Issued by : FDBeachhead

Court rules it has no jurisdiction regarding interdict to prevent disbanding of Scorpions

Judge van der Merwe has ruled that the High Court has no jurisdiction to hear the matter in which Johannesburg-based businessman Hugh Glenister was seeking an urgent interdict against the government's plan to pass by June 2008 legislation that disestablishes the Directorate of Special Operations (DSO) - otherwise known as the Scorpions – and incorporates it into the South African Police Services (SAPS).

Glenister  said, "Naturally I'm disappointed with the Judge's decision, but I've been overwhelmed and fortified by the thousands and thousands of people who have been supportive of this case. Unfortunately for South Africa, it appears that a single political party can now bend our government - the government we all elected – to its will without public participation or debate. This is indeed a sad day in the life of our young democracy".

Issued by : FDBeachhead

Affidavit claims 'constitutional crisis' in South Africa

Businessman Hugh Glenister today filed his answering affidavit in the matter which he hopes will see the High Court prevent the disestablishment of the Directorate of Special Operations (DSO) or 'Scorpions'.

In a supporting affidavit, also filed today, from world-renowned constitutional academic, Loammi Wolf, said South Africa was in a constitutional crisis, originating in the Presidency, which "by far eclipses the constitutional crisis sparked off by the Harris cases in the 1950s, which paved the way for pushing through apartheid policies".

Wolf said not only do the President's actions violate the constitution, but the rule of law which, she concluded, should lead to his impeachment.

In response to the affidavit filed on behalf of the Minister of Safety and Security and the Minister of Justice and Constitutional Development, Glenister said he was surprised and deeply disappointed that it was so devoid of substance, particularly after government had requested an extension because the matter was of such 'national importance'.

He said the deponent, Advocate Menzi Simelane, neglected to argue that there was, in fact some 'legitimate government purpose' for the disestablishment of the DSO, nor did Simelane demonstrate, despite protestations to the contrary, that any consultation whatsoever had taken place.

"Government's affidavit takes neither the court nor the public into its confidence. It supplies not a single shred of evidence in support of its affidavit to demonstrate with whom the matter had been canvassed. Further, the deponent outrageously suggested that nothing firm was on the table mere minutes before (or simultaneously with) the tabling of the draft legislation before Cabinet!"

Echoing this sentiment, Wolf's affidavit reads : "[Bulldozing the bill through Parliament] constitutes a grotesque negation of the dignity, accessibility and effectiveness of the Court in terms of section 165(4) of the Constitution. The respondents in this case have clearly shown their true colours. They act as if South Africa is not a constitutional democracy but a one party state where the ruling party calls the shots".

Furthermore, continued Glenister, "There was no attempt by Simelane to disassociate this decision of 'national importance' from politics and fear. It's natural that a ruling party, with a disproportionate share of power will be tempted by corruption and hence investigated, but we can't forget that the Scorpions also brought to your televisions the Fidentia scandal, uncovered abalone smuggling and assisted the asset forfeiture unit in the recovery of millions of rands on behalf of the taxpayer".

Glenister also said that it was noteworthy that the bald generalities advanced in the government's affidavit failed to state in what manner the disbanding and/or relocating of the DSO into the SAPS would enhance the State's capacity to fight high-impact organised crime.

With regard to the Polokwane resolution to disband the Scorpions, Wolf writes : "The standing of the ANC is that of a political party – not that of an organ of state. It is therefore highly problematic when a political party usurps the powers of state organs by forcing the president to use his constitutional power to initiate legislation to destruct a highly effective state prosecuting organ whose functional independence has been guaranteed constitutionally in terms of section 179(4) of the Constitution".

The draft legislation would remove the DSO's prosecutorial powers, making it an investigative body and another police force, undermining its mandate.

In her supporting affidavit, Wolf said she believed that both the Minister for Justice and Constitutional Development and the President had usurped their powers in matters pertinent to this case :

"The President abused his executive powers in that he invoked a discontinued royal prerogative by granting a royal pardon to all members of the national assembly who were involved in the Travelgate affair," Wolf said. "The President does not have the power to grant them a royal pardon, because this is contrary to the central tenets of the constitutional state in terms of Section 1(c). This is a serious transgression of the rule of law since it affords protection to corrupt members of the legislature from criminal law and it also suspends provisions of insolvency law".

She said that the Minister unconstitutionally usurped powers of the NPA by ordering the Director of the NPA to obey her, even if it was patently clear that she was abusing her powers in contravention of Section 96(2)(c) that proscribes a member of the Cabinet to 'use their position or any information entrusted to them . . . to improperly benefit another persons'. The Minster improperly used her executive powers to benefit the police commissioner and claimed the power for the executive to decide which cases might be heard by the courts and which not.

Wolf decides that given the concerted role [the Ministers] played in the demise of the Scorpions, their actions are tantamount to a 'constitutional coup d'état'.

Glenister concluded : "As the evidence unfolds I'm more convinced than when I started that this was the right course of action to take, but I am deeply saddened that my government, which I helped elect, has let me and all South Africans down so badly.

"The one thing I hope comes of all this is that South Africans become unafraid to question their government and learn that they have a right to have their say".

Prepared by : FDBeachhead

Government delays process to prevent disbanding Scorpions

The President, the Minister of Safety and Security and the Minister of Justice and Constitutional Development were scheduled to file responding affidavits yesterday, 16 April, in the matter of the urgent interdict filed to prevent the disestablishment of the Scorpions. They requested an extension last week. In return, businessman Hugh Glenister and his legal team asked for an undertaking that the legislation to disestablish the Directorate of Special Operations not be initiated until the matter was heard by the High Court.

The extension has been granted, but the government has refused to provide the undertaking not to continue its efforts to disband the Scorpions.

"Two separate surveys released in the past month and the thousands of signatures we have collected demonstrate that the majority of the citizens of our country want to keep the Scorpions. They believe, as I do, that the State has an obligation to protect us from corruption and organised crime ; an institution free of political influence is required to do this. Because government has been on the receiving end of the Scorpion's sting, it is now not only acting destructively, but disrespectfully of the citizens it is meant to protect".

The three respondents now have until the 30th of April to file their affidavits after which Glenister's replying affidavit will be filed on or before the 16th of May. The dates for the hearing in the High Court have now been moved to the 20-22 May, where Judge W van der Merwe will preside, said Glenister's attorney, Kevin Louis.

Despite the urgency of the interdict, Glenister said he was prepared to grant the extension to the government representatives in the interests of justice and to ensure that the matter is properly dealt with. In addition, he said the Respondents have conceded that the matter is one of national importance, and requires extensive investigation.

"The Respondents, in requesting the extension to file their answering affidavit, submitted that the time periods for the filing of affidavits should be extended to allow all the parties involved in the matter to do justice to such an important matter. I couldn’t agree more with these sentiments.

"We have to wonder, however, whether this delay is just gamesmanship, since the Deputy President has stated that the legislation would come before the Cabinet at the end of April or early May when the hearings were originally scheduled," said Glenister.

Glenister has renewed his request that people continue signing petition number 39 on www.mypetition.co.za, or SMSing 31970, sending the word KEEP and their full names to register their protest.

"We must shut this stable door before the horse bolts".

Outpouring of support for effort to save Scorpions

Johannesburg businessman Hugh Glenister said today he'd instructed a Trust to accept contributions – many from anonymous sources – in support of his efforts to halt the government from disbanding the Scorpions law enforcement agency.

"It's taken me completely by surprise," he said, "but dozens of people have asked how they can help me offset the costs of the urgent interdict we filed last month ; I'm both touched and grateful".

Glenister said he has an operational trust which supports the schooling of AIDs orphans. He'll use it in lieu of establishing a separate blind trust for people who wish to donate and asks that members of the public identify their wishes by citing the word 'scorpions' on their deposit record. The funds will be audited and those who donate will be able to request the audited statements to see how their money has been used.

Trust Account :
Name Hamba Phambile Trust
Account Number 223-673-749
Rivonia Branch 00-1255
Bank : Standard Bank

"There are absolutely no administration fees in this Trust," said Glenister. "No salaries are paid ; everyone who works for the Trust does so as a volunteer and for gratis. There is a small pension that goes to the founder of Woodmead School, an anti-apartheid school created in 1970, which I fund via the trust. Apart from that 100% of the funds raised are used for the purposes of the Trust".

Glenister is still collecting signatures of people opposed to dismantling the Scorpions via website and SMS for use in testimony before the High Court 6 May 2008.

Website : www.mypetition.co.za (number 39)

SMS 31970 - send the word KEEP and full name to register protest – standard rates apply

Issued by : FDBeachhead

A conference endorsed by the International World Wide Web Conference Committee

Please find our web site at http://www.zaw3.co.za or http://active.cput.ac.za/ZAW3/

Topics for the 2008 event will relate to current and future trends and
developments ; for example the growing number of "foreign" language sites ;
the politics of the Web ; censorship and legal issues ; new methods of access
and device and network convergence ; search engines and search techniques ;
emerging Web technologies, developments and trends ; Web 2.0 ; in fact
e-anything (health, government, commerce, marketing, learning, society,
entertainment).

The draft programme which will include about 60 papers will be published on
the web site by mid August.

Workshops will be presented on 2 September. Watch the web site for more
information. The workshops will cover :

a. e-Learning
b. e-Government
c. Cyber Law
d. e-Forensics
e. Innovation Awareness GAP Analysis

Further enquiries

Prof Pieter van Brakel
Conference Chair
Cape Peninsula University of Technology, Cape Town
Email : vanbrakelp@cput.ac.za
Cell : +21 82 966 0789
Telephone : +27 21 469 1015
Website : http://www.zaw3.co.za

Conference Secretariat

Elizabeth Danckwerts
Conference Secretariat
P O Box 2760, Clareinch 7740, South Africa
Email : aecon.e@mweb.co.za
Telephone : +27 21 683-5522
Cell : +27 82 468 7504
Fax : +27 21 674 3269
Website : www.aecon.co.za

You are cordially invited to the CCMA Annual Labour Law Seminar

27 June 2008

8.30am-4.00pm ; Cocktails 4.15pm-7.30pm

Albert Luthuli International Convention Centre, 45 Ordnance Road, Durban

R600.00 per head

Contact

Glenda Fredericks
Dispute Management Administrator
CCMA KwaZulu-Natal
Private Bag X54363
Seventh Floor, Embassy Building, 199 Smith Street, Durban 4001
Telephone : 031-362 2990
Fax : 031-368 4644

Programme

9.45–10.30 : Side Session
Conciliation Skills : Conciliation vs Arbitration

10.30–10.45 : Tea

10.45–11.15 : International Perspectives on Conciliation and Mediation

11.15–11.45 : Lessons Gleaned from the Major Strikes of 2007

11.45–12.30 : Perspectives from the Legal Profession and the Judiciary on Conciliation and Mediation

12.30–13.30 : Lunch

13.30–14.15 : Preparing for Mediation in Rights Disputes : Preparing for Mediation in Mutual Interest Disputes

14.15–15.00 : Transformative Mediation : Going Beyond Settlement

15.00–15.15 : Tea

15.15–15.45 : Social Partner Views – Panel Discussion

Closure

16.15–19.30 : Cocktails

Imagine Durban, has launched a blog to enable you to continue to have your say on the long term sustainability of our city. Share your hints and tips, air your concerns and tell us about your experiences and also what you would like to see for future of our city.

The blog is completely interactive and allows users to comment on all kinds of issues ranging from the Imagine Durban themes on creating a safer city, improving accessibility, ensuring a more environmentally sustainable city, fostering a more caring city and more.  It also has links to other useful websites, informative articles, and interesting comments.

New contributions show up at the top of the website, so our visitors can read what's new. You can then comment on it or link to it or email us.

In order to create as much awareness as possible, Imagine Durban also has a presence on the popular Facebook website. Anyone can join - all that's needed is a valid email address. Members of our group can upload photographs of Durban or anything related to our themes, post links to interesting websites or join in on one of our discussions.

Both these forums provide the ideal forum for discussion on issues that will make Durban a better place in the future.

Tell us what you think, comment on posts and if we have something more to say, we'll respond to your comments. Go to www.imaginedurban.org.za and have your say.

For further information and media comment contact Margaret McKenzie on 031-303 9461 or 079-499 8327.

Issued by the eThekwini Communications Department.

In responding to the numerous questions that the ratepayers have posed to the eThekwini Municipality. The Treasury department has come up with the following questions and answers in order to address their concerns.

Why is there a supplementary roll?
The municipality must regularly, but at least once a year, update its valuation roll. Where changes do not affect value, such as a change in ownership, the roll may simply be amended. Where changes comprise a change in value, change in use or the addition of a property to the roll, a supplementary roll must be prepared and published.

What sort of event will cause a property to appear in a supplementary roll?
In circumstances where a property :
▪ was incorrectly omitted from the roll
▪ was included in the municipality after the last general valuation
▪ has been subdivided or consolidated
▪ has increased or decreased in value owing to additions
▪ alterations and/or demolitions
▪ was incorrectly valued during the last general valuation
▪ the use being made of the property has changed

What is the purpose of the supplementary roll?
To give people the opportunity to object to the values assessed in respect of the changed or added properties.

How will I know if my property appears in a supplementary roll?
A notice will be posted to each registered property owner whose property appears in a supplementary roll, informing him of the value which has been assessed in respect of the property. You may also view the supplementary roll on the web at www.durban.gov.za, at the Valuation Roll Section, 13th Floor, 75 Winder Street, Durban or at any Sizakala Centre  near your area. A list of Sizakala Centrees appears on the Council web site. The public is urged to review the Supplementary Roll on publication and not rely solely on postings.

The values in the supplementary valuation roll are carried out at a later date to those in the main roll, is this not unfair if the property market has risen or dropped?
The date of valuation for the supplementary roll is 1 July, 2007. This is the same date as the main roll and all valuations are indexed to this date.

From what date are rates payable on the values reflected in the supplementary roll?
Because this supplementary roll has been produced before the main roll comes into effect, its effective date in respect of the raising of rates is also the 1 July, 2008

I objected to the original Roll published on 13 February 2008.  Will the outcome of this Objection be published in the Supplementary Roll?
No. The outcome of an Objection is communicated directly back to the Objector, where after he or she may exercise their right of Appeal.

Issued by the Communications and PR department of eThekwini Municipality. For contacts, call Themba Nyathikazi on 031-311 2286/79 or nyathikazi@durban.gov.za    

Ethekwini Municipality will publish a supplementary valuation roll on its website on Thursday, 22 May 2008. The supplementary roll will contain changed valuations for many properties. The reason behind this is simply because the municipality must regularly assess, but at least once a year, update its valuation roll.

Where changes do not affect value, such as a change in ownership, the roll may simply be amended. Where changes comprise a change in value, change in use or the addition of a property to the roll, a supplementary roll must be prepared and published.

The sort of event that could cause a property to appear in a supplementary roll will be as a result of the circumstances where a property :

▪ was incorrectly omitted from the roll
▪ was included in the municipality after the last general valuation
▪ has been subdivided or consolidated
▪ has increased or decreased in value owing to additions, alterations and/or demolitions
▪ was incorrectly valued during the last general valuation
▪ the use being made of the property has changed

The purpose of this roll is to give people the opportunity to object to the values assessed in respect of the changed or added properties. One of the ways to find out if your property appears in a supplementary roll is by a notice that will  be posted to each registered property owner whose property appears in a supplementary roll, informing him or her of the value which has been assessed in respect of the property.

You may also view the supplementary roll at Valuation Roll Section, 75 Winder Street, Durban or on the eThekwini Municipality's Web at www.durban.gov.za.

The public is urged to review the Supplementary Roll on publication and not rely solely on postings. The supplementary roll will also be available in all Sizakala Centres throughout the eThekwini municipality area.  The date of valuation for the supplementary roll is 1 July, 2007. This is the same date as the main roll and all valuations are indexed to this date.

Due to the fact that this supplementary roll has been produced before the main roll comes into effect, its effective date in respect of the raising of rates is also the 1 July, 2008

Issued by :
Themba Nyathikazi
Communications and PR Dept
Ethekwini Municipality
Durban
Telephone : 031-311 2286/79
Email : nyathikazit@durban.gov.za   

[Snake Park]

Background

The existing structure is located on a dune, seaward of the Building Limit Line determined by research undertaken by CSIR and is accordingly subject to constant erosion by wave action and the City has constantly to replenish sand in this area to prevent the collapse of the building. (That is in addition to our normal sand replenishment programme).

This is a similar situation as the Mermaid Lido Building which was demolished a couple of years ago.

Neither of these buildings would today have been permitted by the City or EIA Regulations and efforts have accordingly been taken to remove these structures thereby obviating the risk and cost of their maintenance.

The Snake Park has then been aware for many years that the City would not renew its lease when it expired in 2006. In terms of the future we would not then replace this with another structure and in the short-term (immediately following demolition) would seek to merely grade the land and grass/plant to stabilise sand movement and then extend the Promenade.

AMAFA has granted authority for the demolition of the improvements. (This permit is valid until 24 June 2008 and we are attempting to meet this deadline).

The Lease

The lease expired by effluxion of time on 13 December 2006. Real Estate wrote to the lessee on 22 August 2006 reminding it that its lease was expiring on 13 December 2006, that the building was then due to be demolished and that they were required to vacate the property. No response was received from the lessee and on 13 November 2006 Real Estate met with Mr Robert Moore who claimed to be the manager and he was advised that the Snake Park needed to vacate by 13 December 2006.

No occupational damages have been received since 16 May 2007 (in respect of the occupation of the property past the expity date). There have been discussions with Snake Park regarding their relocation and initially we had hoped that they could be accommodated by the Bird Park in Umgeni and discussions were held with Mark Penning in this regard, but Mark was not impressed with the type of operation conducted by the current owner of the snake park and not interested in accommodating him. There was also the suggestion that they look to relocate to uShaka but do not know if they ever did anything about it.

Dr Michael Sutcliffe
City Manager  

The Deputy City Manager : Treasury, Krish Kumar, wishes to indicate that the letters that were sent out to Applicants for the Pensioners Rebate does not in any way mean that those applicants will be discriminated against if they do not submit the required information. However the information pertaining to financial details is needed to build a database for future years to determine the need and to improve on the policy.

This stipulation or requirement is not a change to the policy nor is it a shifting in the goal posts. We wish to urge all applicants to go to Florence Mkhize Building and NOT to Real Estates Department in 75 Winder Street.

Krish Kumar says, "There is currently no means test as far as the income is concerned and will therefore be not used to qualify or disqualify applicants". All persons applying and qualify to the following criteria will qualify and such supporting documents should be handed in before the 20th May 2008 to avoid delays in processing such requests.

1. Is 60 years or older
2. Is the registered owner of the property (Multiple owners will qualify if there is a marital relationship "Affidavit" and one of the spouses are qualifying with the rest of the criteria)
3. Is staying at the property of application
4. Is in possession of a SA bar coded ID document
5. Has applied for the rebate in writing

The senior citizens rebate will lapse on the event of the death of the owner, or if the applicant vacates the property. Applications for these rebates will have to be submitted annually. This is to ensure that residents prove that during the one year period there were no changes regarding the ownership of the property.

The criteria for medically boarded individuals sees a change from "Confirmation of Disability from District Surgeon" to a letter from the applicant's employer or the underwriter for the employer confirming medical boarding, or medical practitioner confirming disability.

Rates that have already been deferred shall remain so deferred provided that the accumulated amount of deferred rates and interest may not exceed 50% of the value of the property concerned. The rebate for senior citizens will certainly be a relief for them," concluded Kumar.

For further information, the Call Centre on 031-328 1000

Issued by :
Themba Nyathikazi
Ethekwini Municipality
Durban City Hall
Telephone : 031-311 2286/79
Email : nyathikazit@durban.gov.za    

The city's Integrated Development Plan is the foundation on which our strategies and action plans are built. It starts with our vision to build a city that is caring and liveable, where all of us live in harmony, where we all feel our basic needs have been met and where we are all truly proud of eThekwini.

To get there we must easily be able to travel throughout our city, we must feel and be safe, must be able to afford what the city offers, must be able to enjoy a clean city (water, air, environment, morality), must all live in homely neighborhoods and be able to access particularly municipal services, health and education.

Underpinning this vision is a set of core values. The first is that we must be a sustainable city. Do we care about our environment, that building a city that increases our dependence on oil and power makes no sense at all? Everything we build today must survive us all. Secondly, we must build a caring city. Our customers must be put first, we must seek out all partnerships to collectively action our programmes and we must focus on improving our quality of life and protecting the vulnerable. Thirdly, we are striving to be a smart city, innovative, information-driven and in which we continue to learn. Fourthly, we must become a truly equal and democratic city. Nonracialism, nonsexism, providing service equally to all and becoming more tolerant must guide us. Finally, we must be a financially successful city. This means thinking and supporting local, being supportive of and driving black economic empowerment, having a strategy to reduce poverty and create jobs and supporting and growing SMMEs.

These were some of the matters discussed at the sixth Big Mama workshop held last weekend. This workshop brought together representatives from throughout our city and kick starts the process of reviewing our IDP. The next few months will see us reviewing what we have done in each ward and what we still need to do. The annual process ends with us finalizing the budget for the 2006/2007 financial year.

The IDP contains eight plans and everything we do must fit into those plans. They are :

▪ Sustaining our built and natural environment
▪ Economic development and job creation
▪ Building Quality living environments
▪ Ensuring Safe, healthy and security environments
▪ Empowering our citizens
▪ Focussing on sport, culture and heritage
▪ Good Governance
▪ Financial viability and sustainability

Over the next few months we will be engaging all of our communities and stakeholders in discussions about these plans, where we should take them and what their focus should be. Because we cannot do everything at once we will have to make strategic and tactical choices, informed by what is possible and necessary. But most importantly, we must all own these plans and be guided by a collective sense of purpose to build a caring and liveable city.

Dr Michael Sutcliffe
City Manager : eThekwini

The past few months have witnessed many headlines making controversial claims about the new property rating legislation and its implementation. Arguments have generally been made that because we are moving to a new system in which property will be rated in terms of market values, and because those values will be higher than existing municipal valuations, then it follows that there will be massive property rates increases.

Nothing could be further from the truth. In fact, and by way of example, if the values go up by 400% and holding all other things constant, then the average rates randage should be only one-quarter of what it was under the old system.

The new Property Rates Act was introduced to regulate the power of the municipality to impose rates and to make provision for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies.  The Act makes provision for fair and equitable valuation methods of property and ensures the establishment of an objections and appeals process.

The first step in the process of implementing the new rates policy involved the development of a rates policy.  This policy is the broad framework which must treat persons liable for rates equitably and take into account the effect of rates on the poor and include appropriate measures to alleviate the rates burden on them.  For this we will find ways to assist the indigent and also various sectors such as pensioners, disability grantees/those medically boarded, owners of property within a Disaster area as defined by Disaster Act, land reform beneficiaries, sporting bodies and public benefit organizations (Welfare and humanitarian, Health care, Animal welfare, cemetries, religious, etc).

The second step is to publish the new valuation roll, based on market valuation of properties. For the past year we have had a team valuing all properties in our city, including sectional title properties as they will now pay rates individually. This new valuation roll will be launched on 13 February 2008 and will be widely advertised. Ratepayers can raise any queries they have and might even want to appeal the valuation if they believe it is not correct.

The third step is for the Council to determine how much money they need to receive from rates. Last year's budget indicated that rates may go up by 10% this coming year. Once we have determined how much money will need to come from rates, the actual amount of rates each person will pay will be dependent on the valuation of their property. Whilst some ratepayers may find their rates going up by more than 10%, others may in fact find their rates going down.

Each step of the way we will be explaining to the public what we are doing and what rights they have to be consulted or even how they may appeal. If we take the process one step at a time the chances for confusing statements and comments being made in the media will be minimized.

Dr Michael Sutcliffe
City Manager : eThekwini

Simple comparisons of the rate randages in different major cities can be misleading. There are a host of factors at play, say City officials

Many concerns and even legal threats were recently expressed regarding the City's proposed rate randage, especially in comparison with the rate randage approved by Johannesburg and Cape Town. At the outset it needs to be stated that cities are not homogeneous and cannot be compared as such. A comparison between efficiency costs would be far better.

Please note that the determination of tariffs differs from municipality to municipality, and in the case of the eThekwini Municipality the cost of rendering sanitation and refuse is included in the rate randages. Accordingly, for the purpose of comparison sewerage and refuse charges have been excluded due to the fact that the other cities have separate tariffs for these services.

Table 1 below indicates the demographics of the different categories of property in the 4 major cities used for the comparison exercise :

Table 1

The City of Cape Town is clearly in the most advantaged position with regard to the number of properties and the City of Tshwane is in the least advantaged position.

However, when we look at the market value of properties, we see a total different picture, Table 2 below reflects the market values :

Table 2

Although Cape Town has more properties in comparison to the other three cities, is it clear that property values in the City of Johannesburg are far higher compared to the other cities and it is about 93% more than that of eThekwini.

Having said this eThekwini still compares fairly well with these cities if one looks at the average randage before any rebates, exemptions or reductions is applied.

Table 3 below indicates the different ratios employed by the cities under comparison, as well as their income.

Table 3

* Excludes sewerage and refuse charges

When the same ratios used by Johannesburg, are applied to the eThekwini budget and property values, the rate randage for Residential property drops to R 5.00 per R1 000 value of property (ie a rate randage of 0,005). This is before any reduction, rebate or exemption is applied. In other words, for Ethekwini to achieve such a rate randage, the ratios for Business & Commercial and Industrial property would have to change to 3 times that of residential compared with the current 2 and 2.5 times, respectively, that Ethekwini has used. It needs to be mentioned that any rebate, reduction or exemption applied will increase the rate randages and for comparison purposes this was excluded.

In short, the only way to reduce the residential randage is to significantly  increase the contribution from business rates to our overall rates income. We have taken the view that this would be unfair and have tried to ensure that the actual contribution in 2008/2009 from each 'use' remains roughly the same as in 2007/2008.

Further, the application of tariffs varies from city to city and in eThekwini the predominant use of the property is used to determine the rate randage. All the other cities in the comparison have a category called 'State' which is ownership bound and not based on use.

The outcome of the above analysis is clear that the following factors impact on the determination of the rate randage :

▪ Revenue required for budget
▪ Number of properties
▪ Market valuation of the properties
▪ The ratios used

Dr Michael Sutcliffe (City Manager) and Krish Kumar (Deputy City Manager : Treasury)

Hidden amongst all the hype around the shift from the old municipal valuation system to the new market-based system is a story about creating a fairer and more transparent system of local government.

Under apartheid people of Indian and Coloured origin were unfairly discriminated against because their property values were artificially inflated simply because demand for property was far great than supply in the Group Areas where they could live. African South Africans spent most of their money in so-called white areas and that meant the heightened business property values in such former white areas contributed to massive property rebates for so-called white areas. Even former white areas suffered : the flight of capital to Umhlanga meant that whilst property rates remained high for Durban's CBD, their ability to attract high-paying rents remained low further exacerbating the obsolescence we find today.

A stark landscape was created of beautiful suburbs standing in stark opposition to sprawling informal settlements where death was sometimes all you had to look forward to.

We have come a long way over the past ten years to redress these inequities, but the inequitable rates system remains one of the hurdles we have to overcome. But the new market-based valuation system will go a long way to start redressing such inequities. We will all pay the same randage for our properties irrespective of where we live.

We assembled probably the largest team of qualified valuers ever used in our municipality to value properties. This highly experienced team relied on Computer-Assisted Mass Appraisal systems to estimate market values. Because they relied on all available data - the current valuation roll, property sales in the area, 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 – their estimates were only as good as the data they have. That is why we encourage you to object to the value placed on your property if you feel there is additional information not taken into account. And if you feel someone's property has been undervalued, please tell us about that too and we will investigate.

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.

Our council has committed itself to ensuring that the poor and vulnerable benefit. All property owners will get a rebate of the first R120 000 of property value which means someone whose property is valued at less than R120000 will not pay rates. For pensioners, disabled and child-headed households the total rebate will be R40 0000 and again this is fair to all pensioners : whether they live in Hillcrest or KwaMashu, all will benefit. We want all vacant land to be developed and that is why Agriculture will have a much reduced rate randage as we must provided as much food security as we can. Business will continue to pay higher randages than residential properties.

It is about fairness and transparency and I have no doubt that all right-thinking people living in Durban will realise its benefits.

Dr Michael Sutcliffe
City Manager : eThekwini

Once again, in issuing a press release on undervaluations, without actually asking first for comment on methodological issues, Councillor John Steenhuisen shows for all to see that he is completely ignorant of appraisal techniques.

Unfortunately, he and the Daily News have given the erroneous impression that the "total amount of rates lost to the municipality as a result of these undervaluations is in the region of some 51 Billion Rands". This shows an extremely poor understanding of the difference between Rates and Valuations, particularly given that the Municipality's total income from rates will be around R4 billion. We would assume what is being referred to is the purported valuation error.

In brief, the technique deployed by the so-called DA 'experts' is called Sales Chasing, which is the selective valuation of sold properties and is a serious violation of basic appraisal uniformity and is highly unprofessional when relating to the IAAO standards for mass appraisal. Sales should be representative of the typical market price for that property, and it must be of the appropriate time period for use in modeling and ratio studies. Since there is a normal variation in the market place (different prices paid for two identical properties) of generally plus or minus 10%, we will estimate values that are typical but not necessarily the specific price paid.

Half will be over sales prices and half under the price paid. But on average we should be at 100% by statute. We are more concerned with equity than level of appraisal. Also we delete or ignore outliers in modeling so the model will properly value the majority of properties.

Not all sales were used primarily as not all sales are representative of the market. In looking at the work done by the so-called expert, further analysis by our eValuations team will prove the following :

1. In cases of Agriculture and Non Residential Property, the sales price not always only reflects the sale of the property, but will include other items like plant and machinery (lifts, air conditioning plants) and crops etc, which we have to disregard when we value in terms of the Act (section 46 3b). Also, most commercial properties were valued on an income approach, which looks at the income, expenses and cap rate and then the value is determined. So in the case of the these properties, it is not a simple case of using the sale to determine the value, and hence we develop a market report that looks at the typical rental incomes in the different parts of the city for the different types of properties, and the professional valuers use this to value properties, not the sales.

2. The properties marked as 'RP' are those either converted to or developed as Sectional Title and hence the parent property is not valued but only the individual units.

3. The SB property is a shareblock, and our price is within the acceptable sales ratio at 0.90. The documented approach for shareblocks is that we valued as if a Sectional Title unit and then discount by 25% to cater for the costs of converting to sectional title and related costs. This again is the practice used by professional valuers.

4. For both the SR and ST, without the detailed sales listing, we can't really comment, except for the fact that if you look at the average sale price for SR, then this is over R2m, which suggests that we add an additional 7 000 properties at this threshold. One must remember that very high priced sales need to be looked at very carefully. We culled over 15 000 SR sales either for being too high or too low where we regard these sales as invalid for modeling purposes. Typically these would be transactions that are not arms-length, government sales etc. In addition, one must consider that the sales price is not indicative of the property always, as subsequent subdivisions etc could result in remainders where the sales price was high but the extent reduced and the improvements also sitting on the subdivided properties. This is not very simple and requires detailed analysis and that's why we use professional valuers and modelers and not the IT experts. (Valuers always state that valuations is more art than science).

5. With regards to Sectional Title (ST), typically this is expected and the variance is so high where the average in this analysis is pointing to R2.4m per property for the 11 700 samples. Today we have around 1 751 cases over R2.4m. Again, the experts won't take into consideration joint unit sale transactions here, where for example a unit and garage are separate sections but bought together and hence have the same title deed and sales price. This has to be sorted out by the data collectors and CAMA modelers.

If the sales are not representative of the typical market in an area or for that type of property, then we don't use them either ; such as government sales. In fact, in CAMA we don't sales chase, but rather use sales ratio studies and this is guided by properties within the 10th to 90th percentiles and the median.

Finally, let us not use the Msunduzi case as a point of departure. If the valuation date is revised to 1 July 2008, then property values will definitely go up by around 5-10% at least. The municipality will have to also fork out additional funds for the revaluation at this fixed date, we will have to review all new values again, republish and go through the objection process again.

And why is there no outcry about the valuation company in Msunduzi - is this because it is a white company which apparently has been in contact with Councillor Steenhuisen?

Who is to say that if we delayed for a year, spent another R100 million, that there would not be an outcry from the minority whose values have changed disproportionately? This particular issue is a one time event as it is a transition from a cost base valuation to a more equitable market value. The future will be easier. In cases where there are clear mistakes, and we are stating that this will be the case (there is never a perfect valuation roll), then bring this to our attention either by objection or a report and we can look at to fix where necessary. No one is stating that errors wont be fixed, and the supplementary process also exists to repair errors.

I would have thought that any Councillor who had the overall interests of the City at heart, would have directly engaged with us to draw attention to areas of perceived undervaluation so that we could investigate and correct via the Supplementary Valuation Roll process.

Finally, may I say that our officials and the eValuations team are currently undertaking an audit of the Roll. This consists primarily of :

▪ checks of Old Roll to New to ensure no "dropped" entries
▪ checks of cadastral to ensure "wall to wall" coverage
▪ checks of actual sales to assessed value - there will be averaging and outlier differences here
▪ checks from queries received

Dr Michael Sutcliffe
City Manager : eThekwini

Since the fish kill incident in the Durban harbour during December 2007, the imperative for an integrated response for harbour water quality management plan to sustainably manage this sensitive marine ecosystem has gained momentum. On Tuesday, 29 January 2008, a number of authorities met to take the process forward. A similar meeting will be convened on 18 March 2002. In the interim mini tasks teams have been constituted to investigate specific issues. The process involves short, medium and long term measures. Short term measures include ongoing monitoring to serve as an early warning system and the medium term measure is to develop an estuary management plan for this area.

Our understanding of what contributed to the organic loading, which caused the sag in the dissolved oxygen in the harbour estuarine water, leading to the fish kill, was due to a multiplicity of factors as we have reported previously. The process of rapid urban development, illegal waste discharges, diffuse pollution and episodes of sewer pipe bursts all contributed to the problem. The monitoring work undertaken by Marine and Estuarine Research, showed low dissolved oxygen levels in the affected area, point to the proximal cause being the discharge of sewage from a burst sewer pipe in the Umhlatuzana river in the vicinity of Queensburgh. This conclusion relied on hearsay and we then commissioned our own scientists to analyse all data from those systems. A more complex picture emerges. A final CSIR report was also commissioned by Transnet. In addition to these three major reports many other contributions from departments were considered, including Emergency Services who provided pictures of tons of Urea being dumped into the harbour due to poor management practices. These investigations, undertaken by our water pollution management division, Emergency Services and other divisions have indicated that there are many potential sources that stressed the estuarine system.

The harbour in many ways has become an easy dumping ground. Sewage spills undoubtedly exacerbated an already degraded system and caused an already sensitive system to become unbalanced. It is to correcting that imbalance that our multi-disciplinary team will focus their attention.

In setting up a multi-disciplinary team we hope that we will be able to systematically address all causes, from sewage spills to poor environmental practices to ensuring we focus on bringing sanitation to the many poor who live in our city.

The team will work in a coherent and integrated approach to the problem from a environmental management perspective. This will be achieved through the objective and scientific understanding of this complex and sensitive ecosystem. This will improve our understanding of the interaction of effects of pollution sources and indicator concentrations in the river-estuarine water system and how to better manage future incidents.

Since the incident we have proposed the need for an estuary management plan with early warning system. Data, trends and expert knowledge generated from this management system will provide a robust basis to serve as a early warning system and to start making scientific associations between inputs and effects.

The recent fish kill incident is certainly an indicator of the rapid rate of urban formal and informal development, population growth and escalating poverty. Whilst the rate of the eThekwini service delivery programme to address the housing and sanitation backlog is unprecedented, there are situations where untreated effluent from some informal settlements is discharging into water courses and ultimately as organic load into the harbour and other catchments. The estuary management plan will measure this load and then an intervention plan would have to be developed to address priority areas of concern.

The ongoing challenges of solid and industrial waste management also needs to be addressed to avoid the system being unduly stressed. The number of wastewater treatment works in our municipality serves as a facility to treat organic based industrial and domestic effluent. However there are occasions where unscrupulous waste operators would save effluent discharge costs and have this effluent dumped into rivers, storm water drains or onto vacant land. This is illegal and unacceptable behaviour. It is often difficult to bring such offenders to book but there are several cases of successful prosecutions.

Rapid urbanization is a feature in major cities throughout the world. Today, more than 50 % of the world's population are in the urban centres. It is important for our citizens to play a responsible role in ensuring our rivers and drains are free of pollution and litter. We see an important role for the public to report incidents of illegal connections into storm water, broken sewer pipes, illegal waste garbage disposal and to report this into our toll free complaints line 080-1313013.

Dr Michael Sutcliffe
City Manager

Mr Siva Chetty
Team leader