The South African Law Reform Commission, in partnership with Juta, invites law faculties and all LLB and LLM students to participate in the Ismail Mahomed Law Reform Essay Competition for 2008. The purpose of the Competition, named in honour of the late Chief Justice and former Chairperson of the South African Law Reform Commission, is to encourage critical legal writing by students while generating ideas for law reform which are aligned to South Africa's priorities as a developmental state.

The Competition is open to all LLB and LLM students registered at a South African university. The prizes for this year’s Competition include a laptop valued at R15 000 ; a credit voucher valued at R15 000 ; a year's subscription to the South African Law Reports 1947 to date on CD ROM ; a 12 month subscription to Juta's Statutes and Regulations of South Africa on CD ROM ; Juta's Statutes in print ; and a credit voucher to the value of R1 500.

Essays can be on any topic relating to the modernisation, improvement, development, or reform of any aspect, area or branch of South African law. Entries should be in English and be between 4 000 and 6 000 words in length. Abbreviated versions of completed Masters dissertations will also be accepted. The essays will be judged by a panel of judges appointed by the South African Law Reform Competition.

The winner and the supervising lecturer, as well as the runner-up, will be hosted at a function sponsored by the South African Law Reform Commission at which occasion the prizes will be awarded.

Entries for the Competition should be submitted not later than 30 November 2008 [ref http://salawreform.justice.gov.za/media/2008 10 28 MS_MahomedEssayCompetition.pdf] to :

The Secretary
South African Law Reform Commission
Private Bag X668, Pretoria 0001
Telephone : 012-392 9560
Email : FMdumbe@justice.gov.za

PR 41/GG 31512/13-10-2008 **

Commencement : 1 November 2008
This proclamation supersedes PR 41/GG 31512/13-10-2008
PR 42/GG 31525/20-10-2008 **
 

Local Government Laws Amendment Act 19 of 2008

GN 1098/GG 31509/13-10-2008 **

Prohibition or Restriction of Certain Conventional Weapons Act, 2008

GN 1097/GG 31508/13-10-2008 **

Publication of explanatory summary
GenN 1279/GG 31511/13-10-2008 **

Regulations : Extent to which subscription broadcasting services must carry the television programmes provided by the Public Broadcast Service Licensee
GenN 1271/GG 31500/10-10-2008 **

Regulations : Prescribed annual contributions of licensees to the Universal Service and Access Fund
GenN 1270/GG 31499/10-10-2008 **

Marine Living Resources Act 16 of 1998

Regulations on the Stilbaai Marine Protected Area
GN 1108/GG 31516/17-10-2008 **

Financial Services Board

Determination of Continuous Professional Development Requirements, 2008
BN 103/GG 31514/15-10-2008 **

Determination of Fit and Proper Requirements for Financial Services Providers, 2008
BN 106/GG 31514/15-10-2008 **

Determination of Qualifying Criteria and Qualifications for Financial Service Providers, 2008
BN 105/GG 31514/15-10-2008 **

Exemption in respect of services under supervision in terms of Requirements and Conditions, 2008
BN 104/GG 31514/15-10-2008 **

Income Tax Act 58 of 1962

Income Tax 2008 : Notice to furnish returns for the 2008 year of assessment
GN 1139/GG 31528/22-10-2008 ****

Independent Commission for the Remuneration of Public Office Bearers Act, 1997

Recommendations on salaries, allowances and benefits of public office bearers for the fiscal year commencing 1 April 2008
GN 1107/GG 31513/15-10-2008 **

Labour Relations Act 66 of 1995

Furniture Bargaining Council : Extension to Non-parties of the Collective Amending Agreement
GN 1100/GG 31504/17-10-2008 **

Marine Living Resources Act 16 of 1998

Draft notice of fees payable in respect of applications for, and the issuing or granting of rights, permits and licences in terms of section 25
GN 1110/GG 31517/17-10-2008 **

Notice declaring the Stilbaai Marine Protected Area under section 43 to be a marine protected area
GN 1109/GG 31517/17-10-2008 **

Medicine and Related Substances Act 101 of 1965

Medicine Control Council : Conditions of registration of a medicine in terms of the provisions of section 15(7)
GenN 1269/GG 31497/17-10-2008 **

Pharmacy Act 53 of 1974

South African Pharmacy Council : Election/appointment of members of Council
BN 107/GG 31524/17-10-2008 **

South African Electronic Act 36 of 2005

Inviting representations with regard to the Draft Terrestrial Broadcasting Frequency Plan, 2008
GenN 1272/GG 31501/10-10-2008 **

South African Geographical Names Council

Publication of official geographical names
GN 1105/GG 31503/17-10-2008 **

South African Qualifications Authority

National Standards Bodies Regulations

Standards Generating Body (SGB) for Aerospace Operations registered by Organising Field 10-Physical (Mathematical, Computer and Life Sciences)
GN 1090/GG 31502/17-10-2008 **

Standards Generating Body (SGB) for Manufacturing and Assembly Processes registered by Organising Field 06 (Manufacturing, Engineering and Technology)
GN 1092/GG 31502/17-10-2008 **
GN 1093/GG 31502/17-10-2008 **
GN 1094/GG 31502/17-10-2008 **
GN 1095/GG 31502/17-10-2008 **

Standards Generating Body (SGB) for Maritime Defence registered by Organising Field 08 (Law, Military Science and Security)
GN 1091/GG 31502/17-10-2008 **

Standards Generating Body (SGB) for Vehicle Maintenance registered by Organising Field Engineering and Technology
GN 1096/GG 31502/17-10-2008 **

South African Schools Act 84 of 1996

National Norms and Standards for School Funding (NNSSF)

GN 1089/GG 31498/17-10-2008 **

Amended paragraphs in the National Norms and Standards for School Funding
GN 1087/GG 31496/08-10-2008 **

Tourism Act 72 of 1993

Submission of names of persons fit to be appointed to serve as members of the South African Tourism Board
GenN 1264/GG 31495/06-10-2008 **

*	Source : LexisNexis
**	Source : Sabinet
***	Source : Polity
****	Source : OSALL (Marina)

Abuse of juristic personality of a close corporation

Unfair dismissal : approach to be followed by CCMA Commissioner
CLISB - 2008, v.25(6), p.127

Abuse of juristic personality of close corporation - Airport Cold Storage (Pty) Ltd v Ebrahim and Others 2008(2) SA 303(C)
CLISB - 2008, v.25(6), p.128

Winding-up - Le Roux and Others v Viana NO and Others 2008(2) SA 173(SCA)

Effect of provisional winding-up of company - Legh v Nungu Trading 353 (Pty) Ltd and Another 2009(2) SA 1(SCA)
CLISB - 2008, v.25(6), p.129

Tacit terms - Fir & Ash Investments (Pty) Ltd v Cronje and Others 2008(1) SA 556(C)

Tacit terms - Stalwo (Pty) Ltd v Wary Holding (Pty) Ltd and Another 2008(1) SA 654(SCA)
CLISB - 2008, v.25(6), p.131

Racial discrimination in the workplace - Strydom v Chiloane 2008(2) SA 247(T)

Unfair dismissal : approach to be followed by CCMA Commissioner - Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008(2) SA 24(CC)

Reinstatement of employee - Republic Press (Pty) Ltd v CEPPWAWU and Others 2008(1) SA 404(SCA)
CLISB - 2008, v.25(6), p.132

Prescription of claim : person of unsound mind - Road Accident Fund v Mdeyide (Minister of Transport intervening) 2008(1) SA 35(CC)
CLISB - 2008, v.25(6), p.135

Claim against company in liquidation - Thrupp Investment Holdings (Pty) Ltd v Goldrick 2008(2) SA 253(W)
CLISB - 2008, v.25(6), p.136

Alienation of Land Act 68 of 1981 - Just Names Properties 11 CC and Another v Fourie and Others 2008(1) SA 343(SCA)

Insurance of leased premises - Fir & Ash Investments (Pty) Ltd v Cronje and Othersr 2008(1) SA 556(C)

Sale of agricultural land - Stalwo (Pty) Ltd v Wary Holdings (Pty) Ltd and Another 2008(1) SA 654(SCA)

Sale in execution of immovable property - Menqa and Another v Markom and Others 2008(2) SA 120(SCA)
CLISB - 2008, v.25(6), p.136

Liability of surety - Thrupp Investment Holdings (Pty) Ltd v Goldrick 2008(2) SA 253(W)

Indemnity suretyship - Fedbond Nominees (Pty) Ltd v Meier 2008(1) SA 458(C)
CLISB - 2008, v.25(6), p.140

Case Updates

Buckland v Manga [2008]2 All SA 177(E)

Magudu Game Company (Pty) v Mathenjwa NO and Others [2008]2 All SA 338(N)

Linvestment CC v Hammersley [2008]2 All SA 493(SCA)

Transnet (Pty) Ltd v Zaaiman and Others [2008]JOL 21680(SE)

Wightman trading as JW Construction v Headfour (Pty) Ltd and Another [2008]JOL 21447(SCA)

Njapha and Others v Govender [2008]JOL 21487(N)

Marais v Kovacs Investments 724 (Pty) Ltd [2008]JOL 21557

Bisnath NO and Others v Absa Bank Ltd ; ABSA Bank Ltd v Bisnath and Another [2008]JOL 21566(SCA)

Seale v Van Rooyen NO and Others ; Provincial Government, North West Province v Van Rooyen NO and Others [2008] JOL 21567(SCA)

Fairoaks Investment Holdings (Pty) Ltd and Another v Oliver and Others [2008] JOL 21581
LNPLD - 2008 June, v.12(2), p.13

22 October 2008
CCT 41/08
Hugh Glenister v The President of the Republic of South Africa, The Minister of Safety and Security, The Minister for Justice and Constitutional Development, The National Director of Public Prosecutions, The Head of the Directorate of Special Operations, The Speaker of the National Assembly, The Chairperson of the National Council of Provinces, The African Christian Democratic Party, The Democratic Alliance, The Independent Democrats, The United Democratic Movement, The Inkatha Freedom Party (The Centre for Constitutional Rights as Amicus Curiae
Keyphrase :
Scorpions

Media Summary

3 October 2008
CCT 47/05 [2008] ZACC 18
Lekolwane and Another v Minister of Justice and Constitutional Development

2 October 2008
CCT 57/07 [2008] ZACC 17
Kruger v President of the Republic of South Africa and Others

25 September 2008
CCT 88/07 [2008] ZACC 16
Equity Aviation Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

18 September 2008
CCT 40/07 [2008] ZACC 15
CUSA v Tao Ying Metal Industries and Others

31 July 2008
CCT 90/07 ; CCT 92/07 [2008] ZACC 14
Thint Holdings (Southern Africa) (Pty) Ltd and Another v National Director of Public Prosecutions; Zuma v National Director of Public Prosecutions

31 July 2008
CCT 89/07 ; CCT 91/07 [2008] ZACC 13
Thint (Pty) Ltd v National Director of Public Prosecutions and Others ; Zuma and Another v National Director of Public Prosecutions and Others

25 July 2008
CCT78/07) [2008] ZACC 12
Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Another

Community takes President Motlanthe to court - 28 October
President Kgalema Motlanthe is being challenged in the Constitutional Court by members of the Moutse community who are questioning the constitutionality of their area being redemarcated to fall into Limpopo instead of Mpumalanga. Motlanthe is the first respondent in the case lodged by the Moutse Demarcation Forum in protest against being re-demarcated to fall within Limpopo after the municipal elections of March 2006. - Pretoria News website

Demarcation goes to court - 24 June
Residents of Moutse, once a cross-boundary municipality between Mpumalanga and Limpopo, have brought a Constitutional Court challenge against the area being demarcated in Limpopo. The court has dealt with two other complaints , from residents of Matatiele in Eastern Cape and Khutsong in North West. The residents of Moutse, an area near Groblersdal and Marble Hall, want the court to declare that the transfer of the areas previously referred to as Moutse from Mpumalanga to Limpopo under the Constitution Twelfth Amendment Act is unconstitutional. - allAfrica website

Pothole wrangle goes to highest court - 23 June
The Constitutional Court will be the final arbiter on who is responsible for the severe injuries sustained by a Pietermaritzburg advocate when he crashed his bicycle while trying to avoid potholes in August 2004. Allistair McIntosh, who sued the KwaZulu-Natal premier and transport MEC four years ago for R7,6-million because of the injuries he sustained, confirmed to The Mercury on Sunday that he had been served with papers indicating the provincial government's intention to challenge the matter in the Constitutional Court. - IOL website

See also :
29 May 2008
632/07
McIntosh v Premier, KwaZulu-Natal (632/07) [2008] ZASCA 62

1 October 2008
590/06 [2008] ZASCA 129
S v Monageng
Rape – appeal against conviction for child rape and sentence of 18 years imprisonment – appellant's version not reasonably possibly true and properly rejected – no material misdirection on the part of the sentencing court and sentence imposed not 'shocking', 'startling' or 'disturbingly inappropriate' – no reason entitling the appeal court to interfere – conviction and sentence confirmed

30 September 2008
680/07 [2008] ZASCA 128
Picardi Hotels Ltd v Thekweni Properties (Pty) Ltd
Cession in securitatem debiti – of all cedent's rights to rentals and other revenues of whatsoever nature – clause providing that cession shall not be acted upon until certain conditions met – cession not conditional - transfer of rights to cessionary not suspended, only the exercise thereof – cedent divesting itself of right to sue for rentals – special plea disputing cedent's locus standi to sue for rentals, upheld

30 September 2008
473/2007 [2008] ZASCA 127
Affirmative Portfolios CC v Transnet Ltd t/a Metrorail
Claim based on written agreement – whether prior oral agreement enforceable – application of the parol evidence rule - counterclaim based on unjustified enrichment – condictio indebiti  whether the requirement that error not be excusable satisfied – error found not to be excusable

30 September 2008
683/07 [2008] ZASCA 126
Campbell v Botha and Others
Sale in execution – s 70 of the Magistrates' Court Act 32 of 1944 – there can be no sale in execution without a judgment and an attachment in execution of that judgment

30 September 2008
467/07 [2008] ZASCA 125
Du Toit v Minister of Safety and Security and Another
Section 36(1) of South African Police Service Act 68 of 1995 – appellant deemed to have been discharged from SAPS because of conviction and sentence to imprisonment – deemed dismissal not undone by extinction of conviction by granting of amnesty – s 20(10) of Promotion of National Unity and Reconciliation Act 34 of 1995 does not operate retrospectively – s 36(2) of SAPS Act does not entitle person to whom amnesty had been granted a right to be reinstated

29 September 2008
401/07 [2008] ZASCA 124
Procopos v National Director of Public Prosecutions
Prevention of Organised Crime Act 121 of 1998, Chapter 5 – restraint order – whether 'affected gift' shown – whether s 16(1) of Act applicable

29 September 2008
557/06 [2008] ZASCA 123
Schmidt v Birgitta Weaving
Attachment of member's interest in close corporation to confirm jurisdiction – whether notice to corporation required – whether s 25 of Close Corporations Act 69 of 1984 applicable

26 September 2008
079/2008 [2008] ZASCA 122
S v Nesane
Criminal law – appellant convicted of wife's murder – intention to kill not proved – conviction substituted with that of culpable homicide – sentence of eight years' imprisonment antedated to the date of sentence imposed

26 September 2008
432/07 [2008] ZASCA 121
S v Mantsha
Appeal against refusal of condonation for failing to lodge an appeal timeously – requirements therefore and grounds on which the appeal court will interfere

26 September 2008
578/2007 [2008] ZASCA 120
Botha v Andrade and Others
Magistrates' courts' jurisdiction to grant an interdict under s 30(1) of the Magistrates' Courts Act 32 of 1944 ('the Act') is limited by s 29(1)(g) of the Act which sets a monetary limit on the value of the matter in dispute

26 September 2008
356/07 [2008] ZASCA 119
Els v Smit and Another
Partnership - dissolution of partnership agreement - effect

26 September 2008
96/2008 [2008] ZASCA 118
S v Msane and Another
Criminal law – attempt – appropriate sentence. Sentence – duplication of punishment

26 September 2008
344/07 [2008] ZASCA 117
S v Mia and Another
Criminal law – theft – competent verdict on robbery charge – theft generic offence encompassing theft by false pretences. Evidence – discredited evidence of accused – irrelevant regarding guilt or innocence of another accused – where state had produced no inculpating evidence against that accused

25 September 2008
109/06 [2008] ZASCA 116
S v Balfour
Respondent convicted of murder and sentenced to 14 years' imprisonment, wholly suspended on certain conditions for five years. Sentence altered on appeal to 12 years' direct imprisonment

25 September 2008
300/07 [2008] ZASCA 115
Chartaprops 16 (Pty) Ltd and Another v Silberman
Delict – hazard in shopping mall – liability for acts of independent contractor

25 September 2008
484/07 [2008] ZASCA 114
Rand Mutual Assurance Company Ltd v Rand Accident Fund
Insurance - noitagorbus – subrogation – right of insurer to sue wrongdoer in own name – for Occupational Injuries and Diseases Act 130 of 1993 s 36(1)

25 September 2008
485/2007 [2008] ZASCA 113
Ebrahim and Another v Airports Cold Storage (Pty) Ltd
Corporation – Close Corporations Act 69 of 1984, s 64(1) – reckless carrying on of business – liability for debts – member of corporation and father – corporation run without books or documentation – debt of another corporation transferred to it without consideration – reckless trading established

25 September 2008
148/2007 [2008] ZASCA 112
Government of the Republic of South Africa v Thabiso Chemicals (Pty) Ltd
Contract arising from tender procedure – cancelled by State Tender Board on behalf of Government on basis that award of tender influenced by incorrect information impliedly furnished by respondent – whether implication relied upon established on facts – relationship between parties governed by law of contract – administrative law no role to play

23 September 2008
487/07 [2008] ZASCA 111
Asiatic Shepping Services Inc v Elgina Marine Company Ltd
The origin and meaning of the requirement in a security arrest in terms of s 5(3) of Act 105 of 1983 that there be a 'genuine and reasonable need for security'

23 September 2008
304/2007 [2008] ZASCA 110
Da Silva and Others v C H Chemicals (Pty) Ltd
Whether there was a breach of a director's fiduciary duty by the exploitation of various corporate opportunities after his resignation – whether there was a breach of the director's fiduciary duty in other respects – whether the second and third appellants engaged in unlawful competition

23 September 2008
639/07 [2008] ZASCA 109
Body Corporate of the Sectional Title Scheme Seascapes v Ford and Others
Sectional Titles Act 95 of 1986 – special resolution – agreement in writing by non-member, if not revoked upon becoming a member, becomes agreement in writing by member – resolution interpreted so as to give effect to intention of signatories

23 September 2008
448/07 [2008] ZASCA 108
Rustenburg Platinum Mines Ltd v Industrial Maintenance Painting Services CC
Prescription – Extinctive prescription – meaning of 'debt' in Prescription Act 68 of 1969 – 'debt' refers generally to 'claim' and not 'cause of action' – Amendment to particulars of claim to introduce new 'cause of action' – does not necessarily introduce new 'debt'

23 September 2008
466/07 [2008] ZASCA 107
Mutual Construction Company (TVL) (Pty) Ltd v Komati Dam Joint Venture
Contract for the hire of a truck and its operator for use on a building site – operator remaining the employee of the truck's owner but operating on site under the supervision and control of the hirer – operator's negligence on site causing damage  to truck– hirer liable to owner for damages

23 September 2008
446/2007 [2008] ZASCA 106
Botha v Law Society of the Northern Provinces
Attorney : unfit to continue to practise ; suspension or striking off the roll ; if the court a quo misdirected itself, facts subsequent to its decision may be taken into account on appeal. Costs : costs of proceedings in court a quo and on appeal where suspension substituted for striking off

22 September 2008
722/2007 [2008] ZASCA 105
Digicore Fleet Management (Pty) Ltd v Steyn and Another
Appeal against order refusing enforcement of contract in restraint of trade dismissed : proprietary interest of appellant not threatened by first respondent after termination of her employment with appellant and on her employment by a competitor, the second respondent

22 September 2008
458/2007 [2008] ZASCA 104
Sandton Civic Precinct (Pty) Ltd v City of Johannesburg and Another
Legal standing – contract claimed to be awarded to consortium – consortium consisting of individuals and corporate members, with stated proportions – consortium not before court – instead, applicant company seeking to enforce rights of consortium – applicant company representing only two of four members of consortium – others not before court – member of applicant company claiming to hold others' shares 'in trust' – no basis for claim – applicant company lacking legal standing

19 September 2008
588/2007 [2008] ZASCA 103
Minister of Safety and Security v De Witt
Section 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 permits a court to condone a litigant's failure to give a valid notice required by s 3(1), prior to instituting legal proceedings, if the debt has not been extinguished by prescription, good cause is shown and the debtor is not prejudiced. Application for condonation may be made by the creditor even after proceedings have been instituted  if the debt has not prescribed

18 September 2008
040/2008 [2008] ZASCA 102
S v Le Grange and Others
Criminal proceedings – right to a fair trial – judicial officer – not fair and impartial during trial – proceedings held to be invalid – convictions and sentences set aside – matter remitted for retrial

17 September 2008
593/07 [2008] ZASCA 101
Madzivhandila v Law Society of the Northern Provinces
Attorney – Misconduct –  Application for removal from roll – failure to file answering affidavit – unpreparedness of attorney on trial date not fully explained – no basis to interfere with trial court's exercise of its discretion to refuse postponement

17 September 2008
348/2007 [2008] ZASCA 100
Lynn & Main Incorporated v Brits Community Sandworks CC
Cession – Deed of suretyship – interpretation – two sureties binding themselves to creditor, each as surety for payment of debts of the other – clause in deed permitting creditor to cede rights under suretyship 'on written notice to us' – cession of rights under deed not invalid for want of prior written notice but ineffective as against surety until written notice given

17 September 2008
337/07 [2008] ZASCA 99
Gordon v Department of Health : Kwazulu-Natal
Practice – Non Joinder – direct and substantial interest – meaning of – relief sought relevant to enquiry – decision of Labour Appeal Court reversed. Affirmative Action – Meaning of 'measures designed to . . .' in s 8(3)(a) of Interim Constitution – Rational relationship of measures to objectives examined – ad hoc conduct not a measure as contemplated in s 8(3)(a) – such conduct inherently arbitrary and amounting to unfair labour practice within meaning of Item 2(1)(a) of Schedule 7 of Labour Relations Act 66 of 1995

17 September 2008
493/05 [2008] ZASCA 98
S v Hoho
Criminal defamation – not abrogated by disuse – consonant with Constitution

17 September 2008
746/2007 [2008] ZASCA 97
S v Eyssen
Prevention of Organised Crime Act 121 of 1998 : interpretation of ss 2(1)(e) and (f) (racketeering activities)

16 September 2008
530/07 [2008] ZASCA 96
Brand House (Pty) Ltd v Sasfi Bank Ltd ; Brandhouse Beverages (Pty) Ltd v Sasfin Bank Ltd
Summary judgment. Appellants disclosing bona fide defence

16 September 2008
517/2007 [2008] ZASCA 95
Transnet Ltd trading as Metrorail and Another v Witter
Delict : negligence of railway operator ; passenger boarding moving train with open door. Contributory negligence : Apportionment of Damages Act 34 of 1956 ; approach of a court of appeal to an apportionment made by a trial court. Costs : Expert witnesses : when preparation (qualifying) fees of an expert, and allowances prescribed under s 42 Supreme Court Act 59 of 1959 (and s 51 bis of the Magistrates' Courts Act 32 of 1944), should be allowed on taxation ; order declaring

12 September 2008
573/2007 [2008] ZASCA 94
Masstores (Pty) Ltd v Murray & Roberts Construction Ltd (Pty) Ltd and Another
Appeal against upholding of exception to claim for damages for destruction of warehouse and its contents through negligence on part of contractor effecting additions : excipient raised exemption clause (indemnification by employer) as a bar to the claim. Held that on the interpretation of the clause and the contract as a whole, the clause did preclude an action by the employer against the contractor for destruction of the warehouse and its contents : appeal dismissed

12 September 2008
626/2007 [2008] ZASCA 93
S v De Sousa
Fraud – sentence – approach to on appeal - striking disparity between sentence imposed and that which the appellate court would have imposed – sentence reduced from seven-and-a-half to four years' imprisonment

12 September 2008
416/07 [2008] ZASCA 92
Pratt v FirstRand Bank Ltd
Currency – exchange control – rulings issued by Reserve Bank – admissibility of evidence to prove status and scope of such

12 September 2008
557/2007 [2008] ZASCA 91
Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another
Appeal against refusal of an application in terms of s 15(3) of the Attorneys Act 55 of 1979 for re-admission – finding that appellant concealed books of account in order to thwart an enquiry into a trust shortage – unfit to be re-admitted (judgment in Afrikaans)

12 September 2008
568/2007 [2008] ZASCA 90
Malan and Another v Law Society of the Northern Provinces
Attorney – striking from the roll – restatement of approach

11 September 2008
522/2007 [2008] ZASCA 89
Afrisure CC and Another v Watson NO and Another
Claim against first appellant based on unjustified enrichment – condictio ob turpem vel iniustam causam – whether payments reclaimed were illegally made because they were in fraudem legis – relaxation of par delictum rule – whether counter-performance by defendant a defence where payments reclaimed were illegally made – claim against second appellant for damages suffered through same illegal payments based on breach of fiduciary duty as trustee

11 September 2008
201/08 [2008] ZASCA 88
S v Mana
Evidence – circumstantial evidence – adequacy thereof

4 September 2008
422/07 [2008] ZASCA 85
Odendaal v Ferraris
In a sale of property, the seller's failure to obtain statutory approval for building alterations on the property constitutes a latent defect in the property – where a seller does not wilfully conceal such a latent defect he is entitled to rely on the provisions of a voetstoots clause against a buyer who seeks to invoke the aedilitian remedies against him, except where the absence of statutory authorisation renders the property unfit for the purpose for which it was bought and sold

3 September 2008
576/07 [2008] ZASCA 87
S v Vilakazi
Sentence – rape – sentencing principles

2 September 2008
567/07 [2008] ZASCA 86
Minister of Finance and Another v Paper Manufacturers Association of South Africa
Interdict preventing Minister from submitting Bill to parliament – legality of – jurisdiction – Customs and Excise Act 91 of 1964 s 48

Commission in new bid to fine Telkom - 10 October
Efforts by the Competition Commission to fine Telkom R3,7bn for anti competitive behaviour have been revived, with the commission winning the right to appeal against a court ruling that temporarily halted its campaign. The move once again raises Telkom's risk of being heavily punished for behaviour designed to quash rival internet service providers. Telkom still hopes to avoid the fine, however, as the operator was simultaneously granted permission to cross-appeal by the Supreme Court of Appeal yesterday. - My Broadband website

Pretoria

25 August 2008
20978/2008 [2008] ZAGPHC 306
Manong & Associates (Pty) Ltd v Minister of Public Works and Another

Braamfontein

8 September 2008
JR 2158/07 [2008] ZALC 120
Rustenburg Base Metal Refineres (Pty) Ltd v Solidarity and Others

21 August 2008
JS278/07 [2008] ZALC 117
Zabala v Gold Reef City Casino

1 August 2008
JR789/07 [2008] ZALC 115
Truworths Limited v Commission for Conciliation, Mediation and Arbitration and Others

29 July 2008
JR161-07 [2008] ZALC 106
Minister of Safety and Security v Madisha and Others

30 June 2008
J160/2005 [2008] ZALC 90
Nel v City of Johannesburg Metropolitan Municipality and Others

13 June 2008
J 720/08 [2008] ZALC 74
Rham Equipment (Pty) Ltd v Lloyd and Others

Cape Town

22 September 2008
C434/206 [2008] ZALC 124
Worldnet Logistics (Cape) (Pty) Ltd v Maritz NO and Others

31 July 2008
C52/07 [2008] ZALC 86
Kylie v Commission for Conciliation Mediation and Arbitration and Others

Dissatisfied sex worker goes empty handed again - 1 August
On 31 July 2008 Cheadle AJ, an acting Judge in "Kylie" v CCMA, unreported case 52/07 (Labour Court), reviewed and altered a CCMA award dated 11 November 2006 by refusing "Kylie" the right to claim 12 months "remuneration" as compensation. "Kylie", worked in the Brigittes massage parlour before her services were terminated. She claimed she had been unfairly dismissed, as understood in the Labour Relations Act, 1995 ("LRA"). Cheadle AJ decided that her claim, based on the statutory right not to have her services unfairly terminated, was unenforceable. - GilesFiles website

24 June 2008
C168/2007 [2008] ZALC 128
Du Plessis v Kaap Agri Bedryf Ltd

12 June 2008
C340/07 [2008] ZALC 112
Department of Health v Jones and Another

9 May 2008
C558/2006 [2008] ZALC 68
Strydom v Witzenberg Municipality

Durban

11 July 2008
D235/03 [2008] ZALC 85
South African Transport and Allied Workers Union and Others v Ikhwezi Bus Service (Pty) Limited

10 July 2008
D550/2006 [2008] ZALC 94
Freshmark (Pty) Limited v SACCAWU and Others

10 July 2008
D187/2006 [2008] ZALC 93
Kwadukuza Municipality v South African Local Government Bargaining Council and Others

1 July 2008
D204/07 [2008] ZALC 84
Jafta v Ezemvelo KZN Wildlife
Does acceptance of an offer of employment sent by e-mail or short message service (SMS) result in a valid contract? When is an acceptance of an offer sent by e-mail or SMS received? Is an SMS an electronic communication? What is an electronic communication? To answer these electronic commerce or e-commerce questions that arise in this claim for contractual damages, the court looks to the Electronic Communications Transactions Act No 25 of 2002

24 June 2008
D875/06 [2008] ZALC 76
Rennies Distribution Services (Pty) Ltd v Biermann NO and Others

23 June 2008
D757/06 [2008] ZALC 88
Mhlatuze Water Board v Commission for Conciliation, Mediation and Arbitration and Others

Johannesburg

ARV doctor is vindicated - 22 October
It has taken seven years, but a doctor who was fired for dispensing antiretroviral drugs to rape victims has been vindicated - and hailed for his bravery by Acting Judge Cagney Musi. Johannesburg's Labour Court yesterday found that Malcolm Naude was unfairly dismissed in 2001 by the Mpumalanga department of health. Then a medical officer at Nelspruit's Rob Ferreira Hospital, Naude prescribed antiretrovirals to rape victims. At the time, the Mpumalanga department of health opposed this treatment. Despite the department's policy, Naude and other doctors continued to prescribe the drugs when they believed they were required for the treatment of their patients. - The Times website

26 September 2008
JR1576/07 [2008] ZALC 127
Eskom Holdings (Pty) Ltd v National Union of Mineworkers and Others

12 September 2008
J1398/08 [2008] ZALC 123
Bravo Group Sleep Products (Pty) Ltd and Another v CCEPAAWU and Others

12 September 2008
JR208/03 [2008] ZALC 122
J D Trading (Pty) Ltd trading as Giddy's Electric Express v Commission for Conciliation, Mediation and Arbitration and Others

5 September 2008
JR3390/05 [2008] ZALC 119
Edgars Consolidated Stores Limited (EDCON) v Commission for Conciliation, Mediation and Arbitration and Others

5 September 2008
JR1630/07 [2008] ZALC 118
Advancenet (Pty) Ltd v Kropf and Others

21 August 2008
JS 209/06 [2008] ZALC 116
NUMSA and Others v Genlux Lighting (Pty) Ltd

20 August 2008
JR 184/07 [2008] ZALC 111
Daymon Worldwide SA Inc v Commission for Conciliation, Mediation and Arbitration and Others

20 August 2008
JR 955/07 [2008] ZALC 110
Alstom Electrical Machines (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others

15 August 2008
JR3134/06 [2008] ZALC 109
C/K Alliance (Pty) Ltd t/a Greenland v Mosala NO and Others

13 August 2008
JR 3015/04 ; J 1265/07 [2008] ZALC 108
Mopani District Municipality v SA Local Government Bargaining Council and Others

31 July 2008
JS 877/05 [2008] ZALC 107
Leshilo and Others v Messina Platinum Mines Limited

29 July 2008
JS309/05 [2008] ZALC 102
Eagleton v You Asked Services (Pty) Ltd

29 July 2008
J1093/06 [2008] ZALC 101
Vorster v Rednave Enterprises CC trading as Cash Converters Queenswood

925 July 2008
JR15/06 [2008] ZALC 100
MEC for Roads and Transport : Limpopo Province v Masete and Others

24 July 2008
JS272/05 [2008] ZALC 114
Janse van Rensburg v Super Group Trading (Pty) Limited

24 July 2008
JR1018/07 [2008] ZALC 99
First National Bank Limited (Westbank Division) v Mooi NO and Others

23 July 2008
JR164/06 [2008] ZALC 113
Dell v Seton (Pty) Ltd and Another

23 July 2008
JR164/06 [2008] ZALC 98
Dell v Seton (Pty) Ltd and Others

22 July 2008
JR922/05 [2008] ZALC 97
Maifo v Myhill NO and Others

22 July 2008
JS2341/05 [2008] ZALC 96
Gaoshubelwe and Others v Pie Man's Pantry (Pty) Limited

21 July 2008
D863-06 [2008] ZALC 105
Nampack Corrugated Containers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

16 July 2008
J1469/07 [2008] ZALC 95
Lezimin 2557 trading as BG Construction and Sheriff of the High Court and Another

1 July 2008
JR2025/06 [2008] ZALC 92
Eskom Limited v Commission for Conciliation, Mediation and Arbitration and Others

1 July 2008
JR1061/2007 [2008] ZALC 91
Samancor Limited v Metal and Engineering Industries Bargaining Council and Others

27 June 2008
JR1965/2005 [2008] ZALC 104
Botha v Blue Bulls Company (Pty) Limited and Another

27 June 2008
JR398/07 [2008] ZALC 89
Ngobeni v AIS Redding SC NO and Another

27 June 2008
JR 429/07 [2008] ZALC 83
Kopeledi (Pty) Ltd v Madontsela and Others

20 June 2008
J537/04 [2008] ZALC 82
Ziphakamise Capitol Caterers (Pty) Ltd v Wolmarans and Others

17 June 2008
JR953/07 [2008] ZALC 75
Motaung v Kwikspace Modular Buildings (Pty) Ltd and Others

13 June 2008
JS623/07 [2008] ZALC 73
Chizunza v MTN (Pty) Ltd and Others

6 June 2008
JR 3060/05 [2008] ZALC 81
Nobubele v Kujawa and Another

5 June 2008
JR 152/06 [2008] ZALC 80
Score Supermarket Kwa Thema v Commission for Conciliation, Mediation and Arbitration and Others

5 June 2008
JR2586/06 [2008] ZALC 72
Komape v Spoornet (Pty) Ltd and Others

20 May 2008
J2717/07 [2008] ZALC 71
SBV Services (Pty) Limited v Motor Transport Workers' Union of South Africa and Others

17 May 2008
JR2113/05 [2008] ZALC 79
National Union of Metal Workers obo Witbank Ntobeng & Others v Witbank Foundry and Others

14 May 2008
JR 3124/05 [2008] ZALC 70
Standard Bank of South Africa Ltd v Mosime NO and Another

12 May 2008
JR1353/04 [2008] ZALC 69
Senama v Commission for Conciliation, Mediation and Arbitration and Others

29 April 2008
J 420/08 [2008] ZALC 67
South African Municipal Workers Union v North-West Housing Corporation and Another

29 April 2008
JR 1376/06 [2008] ZALC 66
MTSA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

Port Elizabeth

26 September 2008
P448/05 [2008] ZALC 126
Scrader Automotive (Pty) Ltd v Metal Industries Bargaining Council and Others

26 September 2008
P286/06 [2008] ZALC 125
Chesteron Industries (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others

12 September 2008
P217/07 & P219/07 [2008] ZALC 121
Department of Health, Eastern Province v Public Health and Welfare Sectoral Bargaining Council and Others

Durban

9 May 2008
DA6/2007 [2008] ZALAC 7
Boxer Superstores (Pty) Limited v Zuma and Others

Johannesburg

19 September 2008
JA21/2007 [2008] ZALAC 11
Eberspächer v National Union of Metal Workers of South Africa obo Skade and Others

21 August 2008
CA 1/05 [2008] ZALAC 10
Dudley v City of Cape Town and Another

20 June 2008
JA 08/2004 [2008] ZALAC 9
Shoprite Checkers (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others

20 June 2008
JA 14/07 [2008] ZALAC 8
Amazwi Power Products (Pty) Ltd v Turnbull

19 May 2008
CA1/2006 [2008] ZALAC 5
Crouse NO and Another v Workers Union of South Africa

19 May 2008
P301/05 ; PA2/06 [2008] ZALAC
Continental Tyre SA (Pty) Ltd v National Union of Metal Workers of South Africa

12 May 2008
CA 10/2005 [2008] ZALAC 3
South African Rugby Players Association (SAPRA) and Others v SA Rugby (Pty) Limited and Others ; SA Rugby Pty Limited v South African Rugby Players Union and Another

8 May 2008
JA22/2005 [2008] ZALAC 6
Ellerine Holding Limited v Commission for Conciliation, Mediation and Arbitration and Others

Johannesburg

4 July 2008
11345 [2008] ZATC 2
ABC Limited v Commissioner for the South African Revenue Service
Deduction of interest from income in terms of section 11(a) of the Income Tax Act, 1962

13 October 2008
13018/08 [2008] ZAWCHC 56
Mose v Minister of Education in the Provincial Government of the Western Cape : Gabru

26 September 2008
4099/2008 [2008] ZAWCHC 55
Vincemus Investments (Pty) Limited v Laher

16 September 2008
7244/06 [2008] ZAWCHC 54
Byrne v Jeugterrein and Another

12 September 2008
A31/08 [2008] ZAWCHC 53
S v Spammer

1 September 2008
5933/08 [2008] ZAWCHC 52
City of Cape Town v Premier of the Western Cape and Others

22 August 2008
SLH 117/2007 [2008] ZAWCHC 50
S v Adams

19 August 2008
24/493/2004 [2008] ZAWCHC 49
S v Tomose

15 August 2008
10262/2005 [2008] ZAWCHC 48
Carriem v Fareed

15 August 2008
12209/08 [2008] ZAWCHC 47
Law Society of South Africa and Others v Road Accident Fund and Another
Application for an interim order pending the determination of a judicial review to declare invalid and set aside the decision of the first respondent to implement a system known as the "Direct Payment System" ("DPS')

11 August 2008
A 271/2007 [2008] ZAWCHC 45
S v Mbanyaru and Another

7 August 2008
A395/07 [2008] ZAWCHC 44
Commissioner for the South African Revenue Services v Wooltru Property Holdings (Pty) Limited

7 August 2008
A99/2008 [2008] ZAWCHC 43
Theart and Another v Minnaar NO

5 August 2008
A622/2007 [2008] ZAWCHC 42
S v De Beer

2 August 2008
3701/03 [2008] ZAWCHC 51
Engelbrecht v Road Accident Fund and Another

28 July 2008
13741/07 [2008] ZAWCHC 41
Minister of Health of the Province of the Western Cape v Goliath and Others

24 July 2008
A 689/2007 [2008] ZAWCHC 40
S v Janse van Rensburg and Another

18 July 2008
5704/2004 [2008] ZAWCHC 37
Hassam v Jacobs NO and Others

19 June 2008
2944/06 [2008] ZAWCHC 35
Danielz NO v De Wet and Another ; De Wet and Danielz NO and Another

Double blow for businessman's bid to save Scorpions - 23 October
Businessman Hugh Glenister's fight to save the Scorpions received a double blow yesterday. First, his Constitutional Court challenge was rejected, and then his urgent interdict before the Cape High Court was turned down last night. The interdict attempt was a last-ditch effort to prevent MPs involved in the R20m "Travelgate" scam from voting on two bills in the National Assembly to disband the elite investigations unit. - Business Day website
Keyphrase :
Scorpions

Mom to plead guilty to strangling tik addict son - 16 October
A Lavender Hill mother who allegedly snapped and strangled her tik addict son does not want to go to prison, a Cape Town court heard today. Her pro bono advocate Adrian Samuels told the Wynberg Sexual Offences Court today that Ellen Pakkies intended pleading guilty to the charge of murder. - Cape Argus website

Investigators sue Rasool's office for R19.5m over spy saga - 15 October
The private investigators implicated in the city's spy saga have served notice of their intention to sue the office of former Western Cape premier Ebrahim Rasool for damages amounting to R19.5 million. Rasool's commission of inquiry into spying allegations in the city council was found to be illegal by the Cape High Court after the city brought a review application challenging its constitutionality. - Cape Argus website

Gibbs's love ends in flurry of furious SMSs - 29 June
Two days before the couple would have celebrated their first wedding anniversary, cricketer Herschelle Gibbs’s wife filed for divorce. Former Durban model Tenielle Gibbs has lodged a Cape High Court application against Gibbs for monthly maintenance of R96 950, money she says she needs to sustain the standard of living she has become accustomed to. - Sunday Times website

'Beach camps' on Cape coast to be closed - 27 June
Western Cape Premier Ebrahim Rasool announced draft regulations yesterday designed to ensure that refugee "beach camps" housing foreign nationals are closed. The next step is for the refugees to be housed in community halls, to ease their reintegration into the communities from which they were displaced. Rasool's move followed a provincial cabinet meeting on Wednesday that again highlighted the disagreement with the city council which set up five "mega sites" or beach camps on the outskirts of Cape Town. He said events that included threats of mass suicide, violent abuse of women and resistance to reintegration had heightened the need for action to open community halls under the control of the city. A high court action brought by the province against the city was dropped to facilitate negotiations over the matter. - allAfrica website

Fidentia Case

Fidentia's Brown gets bail, goes home to dad - 28 October
Lawyers for former Fidentia boss J Arthur Brown, who was released on R10 000 bail yesterday, have gone on the offensive to have the charges against him set aside or for all charges against him to be consolidated into one trial. Rashad Khan said yesterday he intended bringing a high court application on the basis that the Scorpions had violated Brown’s constitutional right to hire a lawyer of his choice. Brown had fired his original lawyer after the Scorpions suggested he hire another lawyer to assist him with plea bargain negotiations he had entered into. - Business Day website

22 October 2008
8652/08 [2008] ZAKZHC 77
National Director of Public Prosecutions v Zuma

S Africa judge says prosecutors can appeal Zuma case - 22 October
The South African judge who threw out corruption charges against ANC leader Jacob Zuma granted prosecutors leave to appeal on Wednesday, dashing ruling party hopes the case against the presidential hopeful was closed. Judge Chris Nicholson last month dismissed the charges against Zuma citing high-level "political meddling" in the case. "I have no difficulty in granting leave on the basis that I believe there are reasonable prospects of success on appeal", Nicholson told the Durban High Court on Wednesday. - Reuters website

Case won't stop Zuma : analyst - 22 October
Reopening the case against Jacob Zuma could give ammunition to dissidents who argue the ANC's handling of the graft case undermines the rule of law, but it is unlikely to derail Zuma's political ambitions since a verdict would take months. "There is no way that this case will stop Zuma from becoming president," Aubrey Matshiqi, senior associate at the Centre for Policy Studies, said. - News24 website

17 October 2008
6673/2004 [2008] ZAKZHC 75
Bukhosini v Transnet Ltd trading as Metrorail

15 October 2008
7248/06 ; 7343/06 [2008] ZAKZHC 76
Old Mutual Life Assurance Co SA Ltd v Pensions fund Adjudicator and Others ; Old Mutual Life Assurance Co SA Ltd v Pensions Fund Adjudicator and Others

9 September 2008
11974/2006 [2008] ZAKZHC 70
Hiralal v Naicker and Another

29 August 2008
3525/2007 [2008] ZAKZHC 62
Man Financial Services (SA) (Pty) Ltd v Kampala Bus Lines CC and Others

29 August 2008
9058/2007 [2008] ZAKZHC 61
Salaman v Salaman and Another

27 August 2008
8511/2007 [2008] ZAKZHC 67
Topspec Investments (Pty) Ltd v Singh

22 August 2008
9684/2006 [2008] ZAKZHC 60
Vengadesan NO and Another v Naidoo

22 August 2008
7000/2007 [2008] ZAKZHC 59
2C Projects CC v Labour Recruitment Specialist CC

11 August 2008
10451/2006 [2008] ZAKZHC 58
Dryden Combustion Company (Pty) Limited v Palmer Rubber (Pty) Limited

6 August 2008
9238/2005 ; 10785/2005 [2008] ZAKZHC 65
African Bank Limited trading as ab Commerce v Covmark Marketing cc trading as Covmark Marketing and Others

31 July 2008
11969/2006 [2008] ZAKZHC 51
Narot v 135 Smith Street Trust and Others

30 July 2008
14839/2007 [2008] ZAKZHC 64
ABSA Bank Limited v Bianca Cara Prochaska trading as Bianca Cara Interiors

30 July 2008
5311/2008 [2008] ZAKZHC 50
Stefanutti & Bressan (Pty) Limited v Nedbank Limited and Another

25 July 2008
2694/2007 [2008] ZAKZHC 54
Naidoo v Roberts and Another

21 July 2008
13807/2007 [2008] ZAKZHC 53
Ramgobin and Others v ABSA Bank Limited and Others

14 July 2008
7241/2002 [2008] ZAKZHC 48
Moodley v Moodley

11 July 2008
13917/04 [2008] ZAKZHC 47
Seme v Road Accident Fund

9 July 2008
6482/08 [2008] ZAKZHC 46
Bushnell v Robert and Another

1 July 2008
2867/2008 [2008] ZAKZHC 45
Ex parte Fourie

13 June 2008
4225/2006 [2008] ZAKZHC 41
Gumede (born Shange) v President of the Republic of South Africa and Others

21 October 2008
847/2006 [2008] ZAECHC 176
Minister of Land Affairs v Gqiba and Another
Unopposed appeal concerning the entitlement of the two respondents to interdict the appellant (second respondent in the court a quo) and the King Sabata Dalindyebo Municipality (first respondent in the court a quo or "the municipality") from permitting or causing demarcation activities on the premises where the respondents live in Slovo Park, Mthatha West

21 October 2008
454/08 [2008] ZAECHC 165
Queens College Boys High School v MEC, Department of Education, Eastern Cape Government

9 October 2008
CA & R220/08 [2008] ZAECHC 172
S v Mathibe

2 October 2008
CA 119/2007 [2008] ZAECHC 175
Mutual and Federal Insurance Company Ltd v Ingram NO and Others
Contract of Insurance – exception clause – interpretation – directly or indirectly – broker’s duty

2 October 2008
1285/07 [2008] ZAECHC 171
Leask v East Cape Forest Products CC trading as Highbury Treated Timbers

2 October 2008
CA & R 122/07 [2008] ZAECHC 170
S v Mtshabe

1 October 2008
460/99 [2008] ZAECHC 169
Twani and Others v Premier for the Province of the Eastern Cape and Others

25 September 2008
1565/2007 [2008] ZAECHC 173
African Bulk Earthworks (Pty) Ltd / New Heights 55 (Pty) Ltd v Landbank Mthatha (Pty) Ltd and Others
Practice : Parties – Uniform Rules of Court – Joinder – Rule 13 (1) (a) and (b) – Judgment sounding in money – substantially same questions – determination of exceptions to third party notice

19 September 2008
114/08 [2008] ZAECHC 174
S v Mncethe and Others

19 September 2008
1759/08 [2008] ZAECHC 163
Elankor Ses (Pty) Ltd v Ngcosholo and Occupiers of the Farm Portion 89, Kragga Kamma

19 September 2008
1890/2007 [2008] ZAECHC 162
Williams v Road Accident Fund

19 September 2008
963/07 [2008] ZAECHC 161
Russel v Minister of Safety and Security
Delict – arrest and detention – unlawfulness of - absence of reasonable suspicion – quantum of damages – ulterior motives of arresting officer

19 September 2008
CA393/07 [2008] ZAECHC 160
Nkengana and Another v Van der Walt Schnetler and Another

19 September 2008
CA 22/2008 [2008] ZAECHC 159
Tarpaulin & Canvass CC v Sunshine Coast Tours CC

18 September 2008
821/07 [2008] ZAECHC 158
Katise v Road Accident Fund

15 September 2008
CA145/07 [2008] ZAECHC 167
Healy v Workmen's Compensation Commissioner and Another

12 September 2008
CA & R257/07 [2008] ZAECHC 157
S v Van Eeden

11 September 2008
86/2008 [2008] ZAECHC 164
Sokanyile and Another v Fiphaza and Others

8 September 2008
CA & R 21/08 [2008] ZAECHC 156
S v Jonas
Accused conviction of crimen injuria and common assault ; magistrate's acquittal of accused on both counts at sentencing stage of trial proceedings irregular. Acquittals set aside and matter remitted to Magistrates Court

5 September 2008
405/08 [2008] ZAECHC 155
Proud Heritage Properties (Pty) Ltd and Another v Transnet Limited and Another
Practice – judgment and orders - application for rescission of judgment – Rule 42 (1) (c) – the common law – principles applicable – requirements - striking out application – when ordered – principles restated

5 September 2008
532/08 [2008] ZAECHC 154
Dewhurst NO and Another v ABSA Bank Limited

1 September 2008
CA6/08 [2008] ZAECHC 166
Alexander v Baartman
The appellant had leased a property from a local authority since 1993. In 1999, the property was sold to the respondent. He had sought the eviction of the appellant from the property. His action succeeded. In an appeal by the appellant it was held that, on the basis of the maxim huur gaat voor koop the respondent had stepped into the local authority’s shoes as lessor when he had purchased the property. The only issue for determination was whether he had validly cancelled the lease as he was entitled to do. It was held that he had done so. The appeal was dismissed with costs and the appellant was ordered to vacate the property within two months

1 September 2008
38/2006 [2008] ZAECHC 151
S v Grey

29 August 2008
A 01/06 [2008] ZAECHC 153
Cele v MEC for Education, Eastern Cape
Appeal – S21A Supreme Court Act 59 of 1959 – judgment sought of no practical affect – no other considerations justifying hearing – appeal dismissed – Non compliance with Rule 49 (7) (a) – appropriate to strike appeal from roll

28 August 2008
182/08 [2008] ZAECHC 152
Sarpong v Santam Insurance Limited and Others
Costs – sole remaining issue – notice of opposition filed but no answering affidavits – court confined to record before it in deciding question of costs

28 August 2008
EL 153/04 ; ECD 553/04 [2008] ZAECHC 144
Mzimba v Road Accident Fund

25 August 2008
697/03 [2008] ZAECHC 137
Road Accident Fund v Vantyi

22 August 2008
1004/07 [2008] ZAECHC 149
Higgs v Lombard
Application for an order granting him custody of the two children born of his marriage to the respondent which had been dissolved in 2002

22 August 2008
313/1997 [2008] ZAECHC 143
Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others

21 August 2008
20080304 [2008] ZAECHC 150
S v Mtintelo

21 August 2008
1970/04 [2008] ZAECHC 142
Smile v Mteto

21 August 2008
1207/2007 [2008] ZAECHC 141
Diamond v Road Accident Fund

21 August 2008
EL 63/07 ; ECD 163/07 [2008] ZAECHC 140
Putuma v Road Accident Fund

21 August 2008
1662/07 [2008] ZAECHC 139
King Sabata Dalinyebo Municipality v Magavu
Whether a Municipality is a department or administration within the national or provincial sphere of government to be protected against attachment of its assets in satisfaction of judgment against it in terms of Section 3 of State Liability Act, No.20 of 1957

21 August 2008
165/2005 [2008] ZAECHC 136
Ndabambi v Road Accident Fund

20 August 2008
CA&R 99/08 [2008] ZAECHC 135
S v Velaphi

20 August 2008
CA& R 45/08 [2008] ZAECHC 134
S v Kuman

15 August 2008
CA&R63/2008 [2008] ZAECHC 148
S v Manene and Others

15 August 2008
6003/07 [2008] ZAECHC 147
Mtya v Buffalo City Municipality

13 August 2008
20080280 [2008] ZAECHC 146
S v Molahlane

13 August 2008
CA & R68/08 [2008] ZAECHC 133
S v Faye

8 August 2008
1419/08 [2008] ZAECHC 128
Gentech Engineering Plastics CC v Reddy and Others
Restraint of trade

7 August 2008
20080177 [2008] ZAECHC 145
S v Williams

7 August 2008
630/2008 [2008] ZAECHC 138
Davis v Denton

7 August 2008
3170/06 [2008] ZAECHC 132
Fani v Fort Beaufort Residents Association and Others
Unopposed claim for damages for defamation

7 August 2008
623/08 [2008] ZAECHC 131
Nopulula v Road Accident Fund

7 August 2008
1140/08 [2008] ZAECHC 130
Bonnichsen v Tirade Props 185 (Pty) Ltd
Unopposed application for an order declaring that an agreement of sale of land between the parties is valid and binding upon the respondent

6 August 2008
CC 22/07 [2008] ZAECHC 129
S v Bottoman and Another

24 July 2008
855/2007 [2008] ZAECHC 117
Dankbaar Safari (Pty) Ltd v Beukes
Dispute between the occupiers of neighbouring farm properties

23 July 2008
CA 122/2007 [2008] ZAECHC 127
Gallant v Minister of Safety and Security
Appeal – action by a state institution against a state official for the recovery of loss caused to the institution by the negligent driving of a state vehicle by the official – magistrate called upon to rule on 'the merits' only – magistrate ruled in favour of the plaintiff on the merits with costs, his factual finding being that the damage was caused by the defendant's negligence – having given this ruling the magistrate held that it was no longer competent for him to pronounce upon whether, on the merits, the plaintiff was permitted to recover this loss in terms of regulation 12 promulgated under section 76 of the Public Finance Management Act No 1 of 1999 – the quantum of damages having been settled in the interim, the magistrate gave judgment in favour of the plaintiff – in an appeal to the High Court, it was held that the defendant's plea must be taken to have admitted that the defendant was liable in law to compensate the plaintiff in terms of the regulations, that that was no longer in issue on trial, and that the magistrate had ruled on the only remaining issue on the merits – further and in any event, the provisions of regulation 12 upon which the defendant relied did not afford a defence or preclude the plaintiff from recovering the loss from him – appeal dismissed

18 July 2008
1223/2007 [2008] ZAECHC 126
Port Alfred Riverhouse Property (Pty) Limited v Ndlambe Municipality and Another
Application for review of lease agreement. Restrictive condition in title deed pertaining to public open space as well as publication in terms of section 124(2) of the Municipal Ordinance 20 of 1974 (as amended) discussed

10 July 2008
EL220/07 ; ECD520/07 [2008] ZAECHC 113
Warren v Member of the Executive Council Eastern Cape, Department of Housing Local Government and Traditional Affairs
Appeal in terms of Land Use Planning Ordinance 15 of 1985 – Principles – Applicability of Development Facilitation Act 67 of 1995

10 July 2008
CA&R715/2004 [2008] ZAECHC 112
S v Du Toit Marais

10 July 2008
5227/203 [2008] ZAECHC 111
Nonzamo Cleaning Services Cooperative v Appie and Others

2 July 2007
660/07
Mahomed and Others v Crouse and Others
The provisions of section 7 of the Interpretation Act 33 of 1957 are applicable to determine the time of service of a notice of demand (for rectification of a breach by a purchaser of an instalment contract for the sale of land) in terms of s.19(2)(b) of the Alienation of Land Act 68 of 1981

1 July 2008
EL509/2005 [2008] ZAECHC 108
Dyubeni v Minister of Safety and Security and Others
Seizure of motor vehicle - lawfulness

27 June 2008
CC55/2001 [2008] ZAECHC 107
S v Rubiyana and Others
Uncorroborated accomplice statement of co-accused as evidence

26 June 2008
A1212/07 [2008] ZAECHC 106
S v Soyizwaphi

26 June 2008
B145/2007 [2008] ZAECHC 105
S v Willard and Another

26 June 2008
276/2007 [2008] ZAECHC 104
S v Qwane and Another

26 June 2008
201/08 [2008] ZAECHC 103
S v Baneka

26 June 2008
638/06 [2008] ZAECHC 102
S v Ngobela

26 June 2008
3697/06 [2008] ZAECHC 101
Pook v Nelson Mandela Bay Municipality and Another

25 June 2008
CA&R 11/08 [2008] ZAECHC 100
S v Mavela

23 June 2008
484/05 [2008] ZAECHC 94
Ehrlich v Minister of correctional Services and Others
Application by sentenced prisoner seeking redress for failure by respondents to comply with their statutory obligations circumscribed by sections 8(b), 18, 38 and 41 of the Correctional Services Act 111 of 1998

21 June 2008
2047/07 [2008] ZAECHC 99
Drummond Farms (Pty) Ltd v Bekker and Others
Execution – sale of immovable property in execution – application for a declaration that the sale was a nullity – sale preceded by notice of attachment – notice of attachment not served on the judgment debtor by registered post as required by rule 46(3) – this was held to be a failure to comply with an essential formality which rendered the attachment and sale in execution a nullity

20 June 2008
CC35/2006 [2008] ZAECHC 84
S v Chairperson of the East London Correctional Services Parole Board NO
Reconsideration of sentence in terms of section 276A (3) of the Criminal Procedure Act No 51 of 1977 – principles applicable – conversion of sentence to one of correctional supervision

19 June 2008
CA&R 378/2007 [2008] ZAECHC 98
S v Nqangule
Appeal – conviction of crimen injuria – appeal against magistrate's findings of fact – no misdirection and no basis for concluding from a reading of the record that the magistrate's findings of fact and credibility cannot be supported – sentenced to R1500 or 6 months' imprisonment – no misdirection and no grounds for finding that the trial court did not exercise its discretion on sentence in a judicial manner – appeal dismissed

19 June 2008
5362/05 [2008] ZAECHC 93
Crous v Kouga Municipality
This is an action for damages resulting from a letter written by one Phumzile Oliphant to the editor of a regional newspaper, Our Times which is distributed within the Jeffreys Bay, Humansdorp and St Francis Bay area. This letter was dated 21 July 2005. At the time the said Mr Oliphant was the Media Liaison Officer of the Kouga Municipality, on which letterhead the letter was written, with a further indication that it emanated from the office of the Mayor

19 June 2008
494/06 [2008] ZAECHC 90
Trident Steel (Pty) Ltd v Greenvest 101 (Pty) Ltd
A trial, in which the applicant was the defendant and the respondent was the plaintiff, was postponed when the applicant indicated that it wished to amend its plea. This application concerns whether it is entitled to do so. The respondent argued that the explanation for wishing to amend the plea at a late stage was not acceptable and that it stood to be prejudiced if the amendment is allowed. These issues were canvassed in the judgment and the court duly granted the applicant leave to amend its plea

17 June 2008
2756/2006 [2008] ZAECHC 125
Police and Prisons Civil Rights Union (POPCRU) and Another v Minister of Safety and Security and Others
Jurisdiction – Claim in terms of Labour Relations Act 66 of 1995 – Exclusive jurisdiction of Labour Court – High

17 June 2008
7/2008 [2008] ZAECHC 81
S v Bacela and Another

13 June 20
CA & R 138/2008 [2008] ZAECHC 8308
S v Muller

12 June 2008
CC50/2008 [2008] ZAECHC 89
S v Koliti and Another

12 June 2008
1477/2006 [2008] ZAECHC 80
Qunta v Road Accident Fund
Reserved costs order – by whom to be determined – registrar or court

12 June 2008
CA 24/08 [2008] ZAECHC 79
Mbashe Local Municipality and Others v Nyubuse
Constitutional law - whether High Court has jurisdiction to adjudicate matter involving alleged withholding of employees emolument by municipality – Order of Court – contempt – Rule 6(12)(c) – whether municipality precluded from being heard prior to contempt being purged – exception to the general rule

Construction group sues EC premier - 3 July
A construction company which was accused of shoddy work in the building of about 1 400 homes for the poor in Ugie, in north-west Transkei, is suing Eastern Cape premier Nosimo Balindlela for R1.5 million. Western Cape-based Power Construction has taken the premier to court, demanding outstanding payments for work done at Ugie's Dyoki extension in August 2005. - Dispatch Online website

9 October 2008
5173/2008 [2008] ZAFSHC 73
African Africanist Congress of Azania v Ka Plaatjie and Others

25 September 2008
535/2008 [2008] ZAFSHC 114
S v Elshazly

25 September 2008
2165/2008 [2008] ZAFSHC 93
Matsoso v Thaba Nchu Long and Short Distance Taxi Association

18 September 2008
2681/2006 [2008] ZAFSHC 72
Pegma Thirteen Investments (Pty) Ltd v Free State Development Corporation

18 September 2008
2515/2006 [2008] ZAFSHC 71
De Jager v Road Accident Fund

18 September 2008
5438/2008 [2008] ZAFSHC 70
Van Tonder v Padongelukfonds

18 September 2008
4561/2008 [2008] ZAFSHC 69
Nedbank Limited v Sutherland

15 September 2008
A29/2008 [2008] ZAFSHC 92
S v Mokhachane

11 September 2008
4818//2008 [2008] ZAFSHC 91
Mashiya v Standard Bank of South Africa and Others

11 September 2008
A43/07 [2008] ZAFSHC 68
S v Motsoeneng

4 September 2008
282/2008 [2008] ZAFSHC 113
S v Pule

4 September 2008
5361/2008 [2008] ZAFSHC 90
Nieuwoudt v Rantso and Others

4 September 2008
4752/2008 [2008] ZAFSHC 89
First Rand Bank Limited v Smith

4 September 2008
296/08 [2008] ZAFSHC 67
S v Nkazane

28 August 2008
1686/2006 [2008] ZAFSHC 88
Nel and Another v Minister of Safety and Security and Others

28 August 2008
364/08 [2008] ZAFSHC 66
S v Raleting

28 August 2008
362/08 [2008] ZAFSHC 65
S v Tlhahadi

28 August 2008
363/08 [2008] ZAFSHC 64
S v Waiza

28 August 2008
358/08 [2008] ZAFSHC 63
S v Mohloku and Others

28 August 2008
A4242/07 [2008] ZAFSHC 62
Odendaal v Gwamanda

26 August 2008
1673/2004 [2008] ZAFSHC 112
Esterhuizen and Others v MEC of Road, Transport and Public Works

21 August 2008
206/2008 [2008] ZAFSHC 111
S v Kemme and Others

21 August 2008
242/2008 [2008] ZAFSHC 87
S v Motsamai

20 August 2008
906/2008 [2008] ZAFSHC 110
Royal Pack Distributors (Pty) Ltd v Van Greunen

14 August 2008
3983/2008 [2008] ZAFSHC 86
Law Society of Free State v Mynhardt (nee Mostert)

14 August 2008
461/2008 [2008] ZAFSHC 85
S v Scheepers

14 August 2008
2107/2008 [2008] ZAFSHC 84
Qwemico Distributors (Edms) Bpk v H & N Chemies en Saad (Edms) Beperk and Another

14 August 2008
454/2008 [2008] ZAFSHC 83
S v Mphulanyane

14 August 2008
A301/2007 [2008] ZAFSHC 82
NVM Beliggings & Versekerings v ACT Computers

14 August 2008
3959/2008 [2008] ZAFSHC 81
Mpambani v Sekununu Construction and Trading CC and Others

14 August 2008
456/2008 [2008] ZAFSHC 80
S v Dlamini

14 August 2008
471/08 [2008] ZAFSHC 61
S v Mokone

14 August 2008
A380/07 [2008] ZAFSHC 60
S v Smith

14 August 2008
2607/2008 [2008] ZAFSHC 49
S A Timber (Welkom) (Edms) Bpk v Lezmin 2815 BK

12 August 2008
207/08 [2008] ZAFSHC 109
S v Appols

7 August 2008
457/08 [2008] ZAFSHC 108
S v Mahlobo

7 August 2008
427/08 [2008] ZAFSHC 107
S v Sekati

7 August 2008
426/08 [2008] ZAFSHC 106
S v Motaung

7 August 2008
425/08 [2008] ZAFSHC 105
S v Molaoa

7 August 2008
424/2008 [2008] ZAFSHC 104
S v Mzizi

7 August 2008
423/08 [2008] ZAFSHC 103
S v Hlahane

7 August 2008
1360/2008 [2008] ZAFSHC 102
Agritrans CC and Another v Mafube Municipality and Another

7 August 2008
422/08 [2008] ZAFSHC 101
S v Hlatswayo

7 August 2008
421/08 [2008] ZAFSHC 100
S v Sephiri

7 August 2008
420/08 [2008] ZAFSHC 99
S v Maloma

7 August 2008
419/08 [2008] ZAFSHC 98
S v Dumisi

7 August 2008
418/08 [2008] ZAFSHC 97
S v Mahlangu

5 August 2008
209/2008 [2008] ZAFSHC 79
S v Hendricks

24 July 2008
817/2007 [2008] ZAFSHC 59
S v Sekowa

12 July 2008
A11/2006 [2008] ZAFSHC 96
S v Mokoena

11 July 2008
241/2008 [2008] ZAFSHC 78
S v Jeffrey

11 July 2008
309/2008 [2008] ZAFSHC 58
S v Molehe

10 July 2008
355/2008 [2008] ZAFSHC 77
S v Tsotetsi

10 July 2008
5/2006 [2008] ZAFSHC 57
S v Masiso

29 June 2008
A11/06 [2008] ZAFSHC 95
S v Meintjies

26 June 2008
2393/08 [2008] ZAFSHC 94
De Klerk v Bornman

26 June 2008
182/2008 [2008] ZAFSHC 76
S v Ramateme

26 June 2008
191/2008 [2008] ZAFSHC 75
S v Makoko and Another

26 June 2008
370/2008 [2008] ZAFSHC 56
Van Heerden and Others v Suidwes Landbou (Edms) Beperk and Another

26 June 2008
16/2006 [2008] ZAFSHC 55
S v Julinoh Macamo and Others

19 June 2008
6749/2007 [2008] ZAFSHC 74
Legau and Others v Mokhasi

19 June 2008
2771/06 [2008] ZAFSHC 54
Agriven (Edms) Beperk v Martins NO and Another

19 June 2008
527/2008 [2008] ZAFSHC 48
Standard Bank of South Africa v Kara and Another

19 June 2008
A44/2008 [2008] ZAFSHC 47
Bezuidenhout and Others v Workforce Group (Edms) Bpk and Others

19 June 2008
5955/2007 [2008] ZAFSHC 46
Monsanto South Africa (Pty) Ltd v Griessel

19 June 2008
A1671/08 [2008] ZAFSHC 36
Nehawu obo Adekayo v Central University of Technology : Free State and Another

12 June 2008
3372/2006 [2008] ZAFSHC 45
Member of the Executive Council, Department of Education, Free State Province v General for the Department of Education, Free State Province and Another

12 June 2008
294/2008 [2008] ZAFSHC 44
S v Siprian and Others

11 June 2008
7023/2008 [2008] ZAFSHC 53
Motata v Nair No and Another

5 June 2008
681/2004
Shell SA Marketing (Edms) Bpk v Wasserman Transport

4 September 2008
15/2008 [2008] ZALMPHC 1
Sumbana and Others v Head of Department: Public Works Limpopo Province

15 October 2008
AR 437/07 [2008] ZAKZHC 74
Cele and Others v Minister of Safety and Security

29 September 2008
5891/07 [2008] ZAKZHC 73
Naidoo and Another v Naidoo and Others

26 September 2008
7392/2007 [2008] ZAKZHC 72
Nedbank Limited v Thorpe

12 September 2008
8652/08 [2008] ZAKZHC 71
Zuma v National Director of Public Prosecutions

9 September 2008
3297/07 [2008] ZAKZHC 69
Chetty and Chetty and Others

5 September 2008
3406/2006 [2008] ZAKZHC 68
KwaZulu-Natal Law Society v Davey and Others

'Lawyers defied cautions about touting' - 19 June
Partners at Durban law firm Meumann White had defiantly continued offering "sweeteners" to mortgage originators and estate agents to secure conveyancing work, in spite of repeated cautions from the KwaZulu-Natal Law Society that they were breaking touting rules. Douglas Shaw QC, on behalf of the present partners, argued on Wednesday that the law society's approach to the Competition Commission for an exemption from its rules was an admission that they were restrictive and anti-competitive, and could be declared unenforcable. - IOL website

4 September 2008
10171/2008 [2008] ZAKZHC 63
Kwazulu-Natal House of Traditional Leaders v Member of the Executive Council of the Province of Kwazulu-Natal for Local Government, Housing and Traditional Affairs and Another

25 August 2008
14939/05 [2008] ZAKZHC 66
Legal Aid Board and Others v Singh

15 July 2008
8641/08 [2008] ZAKZHC 52
Khoza v Premier of KwaZulu-Natal and Others

15 July 2008
12017/07 [2008] ZAKZHC 49
Fiarara Investments (Pty) Ltd v C P Sykes CC and Another

10 July 2008
517/05
Naval Servicos a Vanegcauo Limitade v Strang Rennies Metal Terminals (Pty) Limited

24 June 2008
AR348/07 [2008] ZAKZHC 40
S v Coetzee

'Commander slept during sodomy in cell' - 22 October
A police station commander did not respond to screams of a farmer and a farm manager who were assaulted in a prison cell in 2006, the Pietermaritzburg High Court heard on Wednesday. The farmer, Etienne van Wyk, and the manager, Zachariah Duvenhage, both from Vryheid, are suing the safety and security minister for R1 2-million and R350 000 respectively. The minister is contesting the claims. - IOL website

Scorpion testifies in Singh case - 22 October
A senior member of the Scorpions on Tuesday told the Pietermaritzburg High Court that he had no knowledge of city magistrate Ashin Singh's interaction with an informant in the Ndabazitha massacre investigation. Superintendent Clifford Marion gave evidence before the civil trial that has captured the interest of both the Pietermaritzburg public and the legal fraternity. Singh is suing the minister of justice and the National Directorate of Public Prosecutions (NDPP) for malicious prosecution and wrongful arrest on February 15 2000, by the Investigating Directorate of Organised Crime and Public Safety (IDOC), a branch of the NDPP. - IOL website

Ashin Singh's resumes his court drama - 14 October
It was not the best of days for Pietermaritzburg magistrate Ashin Singh in the High Court on Monday as he resumed his fight for R2,8-million from the department of justice. The case was last in court in May in 2008 when it was adjourned. Singh was to have taken the stand on Monday to resume his cross-examination. However, he surprised everybody, including his own legal counsel, when he brought an application to have Chris Marnewick, the senior counsel for the defendants, and attorney Petrus Coetzee removed from the case. He told Judge Sharmaine Bolton that Marnewick and Coetzee were "not fit and proper" persons to represent the state. Bolton advised Singh that if he wished to pursue the application, he would have to follow the proper channels, via the Law Society and Bar Council. On several occasions during yesterday's application, Bolton was forced to warn Singh against misconduct in her courtroom. Sangham withdrew as Singh's counsel. - IOL website

Magistrate opens case against Scorpions - 10 September
A Pietermaritzburg magistrate on Wednesday laid a charge of defeating the ends of justices against the Directorate of Special Operations (DSO), police said. Superintendent Henry Budhram confirmed that magistrate Ashin Singh had opened the case against the DSO prosecution team that originally charged and prosecuted him on 12 counts of defeating or obstructing the course of justice. That team included Billy Downer. - IOL website

Magistrate sues minister - 6 May
Magistrate Ashin Singh said on Monday that bullet-proof vests had surrounded his home to arrest him in an early morning raid. He told the Pietermaritzburg High Court : "Policemen stood at every door and window. Warrants to search my home and my office were not lawful". Singh was testifying in a case in which he is claiming R2,87-million from the minister of justice and constitutional development. His claim is made up of R2,5-million for insult and R370 000 costs to defend himself from prosecution. - IOL website

Court rules on burial of bigamous man - 21 October
A dispute over which of a man's two wives will be granted the rights to take charge of his funeral and last rites ceremony has been resolved by the Pietermaritzburg High Court Judge Piet Koen. Bigamy committed by local police officer Thulani Ngcobo led to a bitter battle between his wives, Zandile Ngcobo and Rittah Mthembu. It is alleged that Ngcobo took a second wife (Mthembu) about 13 years ago and kept his first marriage to Zandile a secret from her. Koen passed the very same order last week, but the order was not complied with after a clash between the women on the premises of the Avbob funeral parlour where Ngcobo's body is being kept. - IOL website

Mother faces jail over child - 3 July
A young Pietermaritzburg mother will tomorrow face the prospect of periodical imprisonment if she again fails to comply with a court order to hand her 19-month-old son over to his father for the weekend. The couple, married under Islamic rites, apparently separated before the baby's birth. Acting Judge Barry Skinner yesterday sternly warned the young woman against ignoring another court order, and urged her and the child's father to take into account the undoubted effect their acrimony is having on the baby. Judge Skinner said the woman already has a suspended sentence (of 30 days' imprisonment) hanging over her head, which he granted on June 13, also for contempt of court. - Witness website

Burst tyre established as cause of crash - 3 July
The driver of the South African Roadlink bus that crashed and killed 12 people in 2006 did not appear to have driven recklessly, the Pietermaritzburg Regional Court heard on Wednesday. Engineer Peter Sim, whose company, Tectra Technologies, installs recording equipment in Roadlink buses, said driver Charles Vaudim of Durban, did not appear to have been driving too fast or to have fallen asleep at the time of the accident. - IOL website

Rapist loses life-x-18 appeal - 25 June
A man jailed for life for each of 18 rapes of a young woman perpetrated by him and his gang over a period of 12 hours was refused leave to appeal by Pietermaritzburg High Court on Wednesday. The appellant, Sifiso Mkhize, tried to argue that he had been forced to rape the victim. He was 18 years old when the crimes were committed in 1999 at Newcastle. Mkhize had previously been convicted of the 18 rapes and jailed for 30 years by Newcastle Regional Court. He appealed to the High Court which set aside the regional court sentences and imposed life for each of the 18 rapes. It was found that Mkhize raped the woman three times. The others raped her 15 times. - News24 website

Chainsaw killers get life – 19 June
Three men were jailed for life by the Pietermaritzburg High Court on Thursday for the murder of their employer, whose throat was cut with a chainsaw. Sibusiso Shange, Johannes Ndzaba and Sphiwe Gcumisa of Pietermaritzburg, also inflicted 16 panga wounds on the head and neck of their employer, Royith Ramessar, who extracted timber from plantations for the Forestry Department. The men were also sentenced to 15 years' jail for robbing Ramessar of a car, cellphone and chainsaw in April last year. The investigating officer, Sergeant Addesh Ramsarop, testified that Ramessar's throat was severed about three-quarters through. – allAfrica website

26 September 2008
1671/07 [2008] ZANCHC 44
Marais v Van Deventer NO and Others

22 September 2008
799/06 [2008] ZANCHC 43
Dopp NO v MEC Health, Northern Cape

19 September 2008
CA&R 120/2007 [2008] ZANCHC 58
Nomvete v Road Accident Fund

19 September 2008
1176/2008 [2008] ZANCHC 42
Saamwerk Soutwerke (Edms) Bpk v Sans Cuici Agri (Edms) Bpk

19 September 2008
1226/2008 [2008] ZANCHC 41
Khan v Immigration officer : Kimberly Region, Department of Home Affairs

12 September 2008
KS 60/02 [2008] ZANCHC 40
S v Hans

12 September 2008
CA&R 124/07 [2008] ZANCHC 39
S v Mabika

5 September 2008
CA&R 126/2007 [2008] ZANCHC 57
S v Grond

29 August 2008
18/08 [2008] ZANCHC 38
S v Paulus

15 August 2008
1001/2008 [2008] ZANCHC 56
Ditshetelo v Moshaweng Local Municipality and Others

15 August 2008
CA&R 34/2008 [2008] ZANCHC 55
S v Zontolla

15 August 2008
657/2008 [2008] ZANCHC 37
SA Truck Bodies (Pty) trading as Trial Star v Minister of Safety of Security and Another

1 August 2008
1332/2007 [2008] ZANCHC 36
Henderson and Others v Regional Magistrate : Northern Cape and Another

4 July 2008
1236/2007 [2008] ZANCHC 54
Tiger Consumer Brands Limited v Steyn and Others

4 July 2008
7/08 [2008] ZANCHC 35
S v Kordom

27 June 2008
CA&R 21/2008 [2008] ZANCHC 53
S v Coetzee

27 June 2008
20/2008 [2008] ZANCHC 52
S v Oos

20 June 2008
52/2008 [2008] ZANCHC 51
Nel v Kotze

20 June 2008
103/07 [2008] ZANCHC 27
S v Goeieman

13 June 2008
1260/2006 [2008] ZANCHC 50
Conradie and Another v Master of the High Court : Kimberley and Others

13 June 2008
1271/2004 [2008] ZANCHC 34
Swanepoel v Road Accident Fund

13 June 2008
895/07 [2008] ZANCHC 33
Welhelmus Niewoudt v Rall

6 June 2008
59/2008 [2008] ZANCHC 49
Molehane v Tuzi Trade CC and Another

2 October 2008
CA 18/2007 [2008] ZANWHC 38
Lottering v Adonis

2 October 2008
CA 54/08 [2008] ZANWHC 37
S v Molefi

25 September 2008
1854/07 [2008] ZANWHC 36
Rustenburg Local Municipality v Rennaisance Security and Cleaning Services CC

18 September 2008
1033/08 ; 1025/08 ; 1024/08 ; 1038/08 ; 1039/08 [2008] ZANWHC 35
Ngamole v South African Social Security Agency ; Motshwaiwa v South African Social Security Agency ; Letebele v South African Social Security Agency ; Matlaopane v South African Social Security Agency ; Modise v South African Social Security Agency

12 September 2008
CC 166/04 [2008] ZANWHC 34
S v Sindane

29 August 2008
CC68/2008 [2008] ZANWHC 28
S v Rakobane

28 August 2008
1026/08 [2008] ZANWHC 27
Motsage v Chief Executive Officer of the South African Social Security Agency

28 August 2008
CA 55/08 [2008] ZANWHC 26
S v Ramaqele

19 August 2008
1811/2007 [2008] ZANWHC 29
Renaissance Security and Cleaning Services CC v Rustenburg Local Municipality and Others

15 August 2008
1958/2007 [2008] ZANWHC 25
Mathe and Another v St John's Apolistic Church of Prophecy and Others

14 August 2008
539/2006 [2008] ZANWHC 24
Otto v Valtrac (Pty) Ltd and Others

4 August 2008
CA 20/2008 [2008] ZANWHC 23
S v Maluleka

31 July 2008
2282/2007 [2008] ZANWHC 22
Skosana and Others v Legal Aid Board (Mafikeng) and Another

17 July 2008
1199/2005 [2008] ZANWHC 21
Capital Outsourcing Group (Pty) Ltd (Previously known as Capital Contracting Services CC) v Screening & Earthworks (Pty) Ltd (Previously known as Screening & Earthworks CC) and Another

3 July 2008
1184/2005 [2008] ZANWHC 32
Lobelo v Tawana And Others

3 July 2008
500-507/2008 [2008] ZANWHC 31
Merensky and Othes v National Director of Public Prosecutions

3 July 2008
2443/2007 [2008] ZANWHC 20
Mahomed and Others v Trustees of the Mohammedan and Others
Keyphrase :
Mohammedan Community of Mafikeng Trust

26 June 2008
772/2006 [2008] ZANWHC 3
Sediko v Minister of Safety and Security

12 June 2008
1064/08 [2008] ZANWHC 2
Pretorius v Wessels and Others

5 June 2008
CA 46/2007 [2008] ZANWHC 19
S v Setae

5 June 2008
471/2007 [2008] ZANWHC 18
University of the North-West Staff Association and Others v Campus Rector for the University of North-West and Others

5 June 2008
62/07 [2008] ZANWHC 10
S v Tlhasi

5 June 2008
CA 60/07 [2008] ZANWHC 1
S v Diniz

29 May 2008
1054/07 [2008] ZANWHC 17
Eagle Burgmann Seals SA (Pty) Ltd v Strydom and Another

29 May 2008
33/07 [2008] ZANWHC 9
S v Makgale

15 May 2008
997/2008 [2008] ZANWHC 16
Monye v Smit

15 May 2008
1342/2007 [2008] ZANWHC 8
Mayisela v African National Congress and Others

17 April 2008
1651/06 [2008] ZANWHC 15
Ishmael v Joubert and Another

14 April 2008
CC 98/07 [2008] ZANWHC 7
S v Mogoboya

3 April 2008
CA 12/2007 [2008] ZANWHC 14
J Griesel Konstruksie BK v Pretorius and Another

17 March 2008
253/07 [2008] ZANWHC 13
Mziako and Another v Changing Tides 17 (Proprietary) Limited NO

10 March 2008
345/08 [2008] ZANWHC 6
Mogale Alloys (Pty) Ltd v Nuco Chrome (Bophuthatswana) (Pty) Ltd and Others

10 March 2008
507/07 [2008] ZANWHC 5
Moretele Local Municipality v Nkadimeng Botlhale Training and Consultancy CC

6 March 2008
1807/07 [2008] ZANWHC 12
Kawari Wholesalers (Pty) Ltd v MEC : Department of Health (North-West Province) and Others

6 March 2008
1800/07 [2008] ZANWHC 4
Riana v Riek

29 February 2008
43/2007 [2008] ZANWHC 30
Mokete v Khunou and Another

11 February 2007
05/2006 [2008] ZANWHC 11
S v Mokone

27 October 2008
35674/06 ; 36618/07 [2008] ZAGPHC 335
Mosiane v Minister of Defence and Others

24 October 2008
16043/2008 [2008] ZAGPHC 334
Du Preez v Du Preez
Excerpt : "the need to send a strong signal against prolixity induces one to make a costs order aimed at inspiring greater discipline among attorneys"

23 October 2008
34457/08/2007 [2008] ZAGPHC 331
Fokane Family Trust and Others v Finsbury South Development (Pty) Ltd and Others

17 October 2008
40629/2007 [2008] ZAGPHC 327
Monkwe v Moima

13 October 2008
A91/08 [2008] ZAGPHC 321
S v Hadebe

10 October 2008
18887/08 [2008] ZAGPHC 329
Carrim (Pty) Ltd v Bosielo
Application in terms of Section 25 of the Supreme Court Act 59 of 1959 for leave to sue the respondent, a serving judge of this Division, for an outstanding amount of money, allegedly for goods sold and delivered

10 October 2008
18886/08 [2008] ZAGPHC 328
Voco Trade 190 Ltd v Bosielo
Application in terms of Section 25 of the Supreme Court Act 59 of 1959 for leave to sue the respondent, a serving judge of this Division, for an outstanding amount of money, allegedly for goods sold and delivered

9 October 2008
A1337/2005 [2008] ZAGPHC 298
S v Mandlazi

9 October 2008
44029/07 [2008] ZAGPHC 297
Plasmaview Technologies (Pty) Ltd v Commissioner for the South African Revenue Service

8 October 2008
49342/07 [2008] ZAGPHC 295
Van Zyl v BB Truck & Tractor Services (Edms) Bpk

7 October 2008
40408/08 [2008] ZAGPHC 320
Kiepersol Poultry Farm (Pty) Ltd v Touchstone Cattle Ranch (Pty) Ltd and Others

3 October 2008
29835/05 [2008] ZAGPHC 292
Lacoste SA (formerly La Chemis la Coste) v Long Chang Trading CC

26 September 2008
9746/2007 [2008] ZAGPHC 318
Brand and Another v Western Platinum Limited

26 September 2008
26368/2007 [2008] ZAGPHC 287
Fascination Wigs (Pty) Ltd v Commissioner for the South African Revenue Services

26 September 2008
17895/2003 [2008] ZAGPHC 286
Forenco (Pty) Ltd v Minister of Finance
Keyphrase :
Statistics South Africa

25 September 2008
42671/08 [2008] ZAGPHC 330
Subtropico Markagente (Edms) Bpk v Karsten and Another

25 September 2008
A48/2007 [2008] ZAGPHC 294
S v Manganye

22 September 2008
21275/2005 [2008] ZAGPHC 279
Penga v Road Accident Fund

18 September 2008
A450/2007 [2008] ZAGPHC 278
S v Camako

12 September 2008
23669/2004 [2008] ZAGPHC 274
Oosthuizen and Another v Robberts

11 September 2008
10309/08 [2008] ZAGPHC 293
Barnard v Barnard

11 September 2008
A394/2008 [2008] ZAGPHC 271
McBride v Regional Magistrate Pretoria and Another

2 September 2008
13878/05 [2008] ZAGPHC 277
Van Zyl NO v Nedbank Limited

2 September 2008
34519/2008 [2008] ZAGPHC 276
Hendricks v Thomson

29 August 2008
8185/06 [2008] ZAGPHC 308
Rossaak v Van Der Walt and Others

29 August 2008
11806/2005 [2008] ZAGPHC 290
Bertie Van Zyl (Pty) Ltd and Another v Minister of Safety and Security NO and Others ; Minister of Safety and Security NO and Another v Bertie van Zyl (Pty) Ltd and Another

29 August 2008
20002/08 [2008] ZAGPHC 268
Altech Autopage Cellular (Pty) Ltd v Chairperson of the Council of the Independent Communications Authority of South Africa and Others

DoC tackles ICASA - 20 October
The High Court recently ruled that Altech Autopage Cellular, through its VANS license, has the right to self provide (build its own telecoms network).  This in turn entitles Altech, and all other existing value-added network services (VANS) license holders, to an individual electronic communications network service (I-ECNS) license. The Department of Communications and ICASA, who opposed Altech in the matter, lost the case with costs.  ICASA said that they would not appeal this ruling, but Communications Minister Ivy Matsepe-Casaburri and the Department of Communications however decided to appeal, saying that it will jeopardize the 'managed liberalization process'.  - My Broadband website

28 August 2008
12515/2008 [2008] ZAGPHC 319
Abraham and Another v Minister of Home Affairs

28 August 2008
36245/2007 [2008] ZAGPHC 317
Maria v Brian

28 August 2008
313/2007 [2008] ZAGPHC 302
Hanekom v Hanekom
Failure to comply with divorce settlement agreement and court order

27 August 2008
26926/05 [2008] ZAGPHC 269
Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park

26 August 2008
55694/08 [2008] ZAGPHC 304
Robertson v National Health Laboratory Service and Others

26 August 2008
34767/08 [2008] ZAGPHC 303
National Director of Public Prosecutions v Kochnelbantjes & Partners (Pty) Ltd and Others

26 August 2008
15860/2006 [2008] ZAGPHC 296
Imperial Bank Ltd v Lanseria International Airport (Pty) Ltd In Re: Lanseria International Airport (Pty) Ltd v Imperial Bank Ltd

26 August 2008
48240/2007 [2008] ZAGPHC 267
Lekoane NO and Another v Joubert

26 August 2008
27230/2006 [2008] ZAGPHC 266
Hasset v Koop De Vries Stryger
Application for the rescission for a default judgment granted in this Court on 16 February 2007. There is also a counter application for the eviction of the applicant in terms of the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

26 August 2008
49176/2007 [2008] ZAGPHC 265
Il Posto Properties (Pty) Ltd v DJ Steyn Properties
Exception to the plaintiff's particulars of claim. The defendant alleges that the particulars of claim do not sustain a cause of action. The exception relates to particulars of claim where an estate agent's commission is being claimed by the plaintiff

25 August 2008
16332/2006 [2008] ZAGPHC 305
Du Plessis v Padongelukfonds

22 August 2008
4086/06 [2008] ZAGPHC 307
Hoffman v Lee

21 August 2008
21803/2004 [2008] ZAGPHC 309
Charles v Premier of the Province of Mpumalanga and Others

21 August 2008
6079/2008 [2008] ZAGPHC 264
Van Dyk en Andere v Gromer en Andere

21 August 2008
36950/2005 [2008] ZAGPHC 263
Van Rooyen v Minister van Veiligheid en Sekuriteit en 'n Ander

21 August 2008
39553/2005 [2008] ZAGPHC 259
Coetzee v Minister van Veiligheid en Sekuriteit

21 August 2008
31187/08 [2008] ZAGPHC 258
Cunningham v Pretorius

20 August 2008
27022/2006 [2008] ZAGPHC 270
RMR Commodity Enterprises Registration No.CK88/19263/23 trading as Krass Blankets v State Tender Board and Others

18 August 2008
7810/2008 [2008] ZAGPHC 256
Freestate Steam & Electrical CC v Minister of Public Works and Others

14 August 2008
A577/08 [2008] ZAGPHC 254
S v Zulu

13 August 2008
26801/2007 [2008] ZAGPHC 316
Drs De Beer & De Jager Radioloe v Padongelukkefonds

12 August 2008
7010/2008 [2008] ZAGPHC 300
Du Toit v Minister of Home Affairs and Another

12 August 2008
36573/08
Mamba and Others v Minister of Social Development

12 August 2008
19123/2005 [2008] ZAGPHC 249
Janse Van Rensburg NO and Others v Kruger

12 August 2008
4499/07 [2008] ZAGPHC 245
Elbester & Venotte v Mittens

11 August 2008
9982/2006 [2008] ZAGPHC 250
GNJ Agricultural Financial Advisors CC v Hollard Insurance Company Ltd

8  August 2008
51963/2007 [2008] ZAGPHC 248
Van Niekerk and Another v Cab Frohberg-Schoenheirr and Another

7 August 2008
A187/08 [2008] ZAGPHC 322
S v Khambule

7 August 2008
22587/08 [2008] ZAGPHC 247
Sumelar Ontwikkelings (Pty) Ltd v HTF Developers (Pty) Ltd

5 August 2008
31117/2003 [2008] ZAGPHC 246
Wiese v Moolman
Does a damages claim arising from adultery still have existence in South African law

4 August 2008
A981/07 [2008] ZAGPHC 324
S v Mogale

30 July 2008
17891/08 [2008] ZAGPHC 262
Akani Egoli (Pty) Ltd and Others v Chairperson of the Gauteng Gambling Board and Others

30 July 2008
27318/06 [2008] ZAGPHC 243
Cade Transport (Pty) Ltd v Crossroads Distribution (Pty) Ltd and Others

30 July 2008
A184/06 [2008] ZAGPHC 236
Road Accident Fund v Ndaba

30 July 2008
18175/07 [2008] ZAGPHC 231
Rajah and Another v Premier North West Province and Others

29 July 2008
26154/08 [2008] ZAGPHC 228
Barnard NO and Others v Mokoena Projects (Pty) Ltd an Another

29 July 2008
27497/08 ; 27498/08 [2008] ZAGPHC 227
Mogul v Minister of Home Affairs and Another In re: Mustafa and Others v Minister of Home Affairs and Another

29 July 2008
3106/2007 [2008] ZAGPHC 226
Von Abo v Government of the Republic of South Africa and Others

28 July 2008
38371/05 [2008] ZAGPHC 235
Alberts v Alberts

28 July 2008
38397/2005
Black v Minister of Safety and Security and Others

25 July 2008
35417/05 [2008] ZAGPHC 234
Ernst v Road Accident Fund

25 July 2008
18834/05 [2008] ZAGPHC 233
Abetti v Road Accident Fund

24 July 2008
3443/2008 [2008] ZAGPHC 238
Rennie v Rennie

23 July 2008
5363/2008 [2008] ZAGPHC 240
Black v Spies and Another

18 July 2008
37823/06 [2008] ZAGPHC 218
Law Society of the Northern Province v Reinecke

16 July 2008
38548/2006
Momentum Group Limited v Registrar of Long-term Insurance

15 July 2008
32667/08 [2008] ZAGPHC 214
Durant & Viljoen (Proprietary) Limited for its liquidation

11 July 2008
26430/2008 [2008] ZAGPHC 213
Patel v Magistrate Chokwe and Others

4 July 2008
12515/2008 [2008] ZAGPHC 212
Abraham and Another v Minister of Home Affairs

4 July 2008
55329/2007 [2008] ZAGPHC 211
Lurco Trading 189 (Pty) Ltd v Local Municipalitiy of Madibeng

4 July 2008
A2563/02 [2008] ZAGPHC 210
S v Labuschagne en Andere

3 July 2008
CC144/05 [2008] ZAGPHC 326
S v Fifana and Others

25 June 2008
34772/2007 [2008] ZAGPHC 187
Dlamini v Swaziland Development and Savings Bank

23 June 2008
21142/08
Goodwin v Director-General, Department of Justice and Constitutional Development and Others

Fidentia mastermind loses extradition plea : Barry Sergeant - 23 June
The mastermind behind Fidentia's pillaging of funds belonging to widows and orphans has lost his appeal against an order to extradite him from the United States back to face the music in South Africa. Moneyweb's investigations editor Barry Sergeant is in the studio. Barry, Steven Goodwin - just a quick recap. Who is he, what is his involvement in the Fidentia saga? - Moneyweb website

Fidentia 'kingpin' faces extradition - 23 June
An alleged kingpin in the Fidentia asset management scandal, Steven Goodwin, faces extradition to South Africa after a Pretoria High Court judge dismissed his bid to secure his freedom. Acting Judge Piet Ebersohn on Monday dismissed with costs Goodwin's application to set aside and declare unconstitutional a request by the South African director-general of Justice to United States authorities for his provisional arrest in America. - IOL website

23 June 2008
17335/2004 [2008] ZAGPHC 186
Msiza v Road Accident Fund

20 June 2008
13893/2005 [2008] ZAGPHC 242
Mofokeng v Du Plessis

20 June 2008
33254/2007
Research & Development (Pty) Ltd and Warman Africa (Pty) Ltd v Dougall and Pump & Abrasion Technologies CC

20 June 2008
49177/2007
Tshwane Switchboards (Pty) Ltd v BHL Construction Services Group (Pty) Ltd

20 June 2008
A739/06 [2008] ZAGPHC 189
S v Moshodi and Others

20 June 2008
11239/04 [2008] ZAGPHC 188
Telkom SA Limited v Competition Commission of South Africa and Another

Industry furious as Telkom gets off R3,7bn fine - 23 June
Telkom has avoided a punishing R3,7bn fine for anticompetitive behaviour after the high court ruled that the Competition Commission cannot refer a complaint against the operator to the Competition Tribunal. The decision by the Pretoria High Court on Friday is a blow to the internet industry, which hoped to see Telkom punished for practices that have stifled the sector for years. - allAfrica website

Telkom wins anti-competitive case - 20 June
Telkom has won a Pretoria High Court bid to stop the Competition Commission from referring a dispute to the Competition Tribunal, ITWeb reported. The dispute is with the South African Value Added Service Providers, who charged that Telkom abused its market dominance by refusing to supply them with its facilities unless they met Telkom's conditions. The complaint against Telkom was lodged in 2004. Telkom argued in court, among other things, that the Competition Tribunal had no competence to rule on the matter. - The Times website

20 June 2008
34247/07 [2008] ZAGPHC 184
Engelbrecht v Pienaar

19 June 2008
12911/2005 [2008] ZAGPHC 175
Hlaka and Others v Minister of Safety and Security

19 June 2008
5159/2006 [2008] ZAGPHC 173
Luiters v Minister of Safety and Security and Another

18 June 2008
59251/2007
Chinese Association of South Africa and Others v Minister of Labour and Others
Excerpt : "it is declared that South African Chinese people (a) fall within the ambit of the definition of "black people" in section 1 of the Employment Equity Act 55 of 1998 ; (b) fall within the ambit of the definition of "black people" in section 1 of the Broad-Based Economic Empowerment Act 53 of 2003"

Black business rejects ruling allowing Chinese to benefit from BEE - 2 July
Black business and professional organisations on Wednesday expressed their dissatisfaction with the Pretoria High Court judgement characterising Chinese South Africans as 'coloured' thus qualifying them as beneficiaries in terms of black economic empowerment, and called on the State "to appeal this irrational decision". - Creamer Media's Engineering News website

Black judgment subjects Chinese to animosity, not equality - 29 June
The ruling by the High Court in Pretoria that makes South African Chinese eligible for black economic empowerment raises a debate about the degrees of separation, or alienation, which minority groups experience in this country. Judging from labour minister Membathisi Mdladlana's reaction to the ruling, it is clear that South Africa is not doing this cultural melting point thing very well. In fact, beyond the complexities of skin colour which this judgment brings, for all intents and purposes the message is that multiculturalism stinks. - The Times website

Minister's Chinese tirade - 25 June
Labour Minister Membathisi Mdladlana has sparked a firestorm with an astonishing tirade in Cape Town about the South African Chinese community. Mdladlana said yesterday that as the Chinese had won a High Court ruling classifying them as "coloured", they had no excuse for mistreating workers or pretending to inspectors that they could not speak a South African language. - Cape Argus website

17 June 2008
A459/2008 [2008] ZAGPHC 178
S v Ngubeni

13 June 2008
A1027/06
Van Eeden v S

13 June 2008
A576/2006 [2008] ZAGPHC 179
S v Moodley

13 June 2008
39808/07 [2008] ZAGPHC 177
Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd (Formerly Tropical Paradise 427 (Pty) Ltd) and Others

13 June 2008
36796/07 [2008] ZAGPHC 176
Vishnu Munilall and Associates and Another v Director General Department of Justice and Constitutional Development and Others

Absa to appeal 'undetermined' damages - 16 October
Absa is likely to ask for leave to appeal a Pretoria High Court judgment ordering it to pay Joburg businessman Rico Bernert "an undetermined amount" for damages, the bank said on Thursday. "The order states that the damages still need to be determined. Reports that allude to Absa being ordered to pay R187-million in damages are incorrect," said the bank's spokesperson Makhosini Nkosi. Nkosi said their attorneys were currently studying the judgment and would advise them on appropriate action. - IOL website

Former SA envoy fails in re-instatement bid - 27 June
Former South African consul-general in Canada, Nogolide Nojozi, has failed in a court bid to be re-instated. Pretoria High Court Judge Moses Mavundla on Friday turned down an urgent application by Nojozi to declare unlawful a decision by the foreign affairs department to revoke her appointment as consul-general. He also refused her application to overturn her replacement with Manley Barnard, the consul-economic at the Toronto consulate, until President Thabo Mbeki revoked her appointment. Nojozi was in 2006 charged with several counts of misconduct and was found guilty on a range of charges following a departmental disciplinary enquiry, headed by Ambassador Lindiwe Zulu. - IOL website

Stadium show must go on - 25 June
Mpumalanga's provincial government is threatening to reverse a R63-million land claim settlement unless the farmworker beneficiaries agree to surrender a prime portion of their ancestral land for just R1. The land, just outside the provincial capital of Nelspruit, is the site of Mpumalanga's flagship R1-billion 2010 World Cup stadium. Provincial authorities started building the stadium on the 118ha piece of land two years ago without actually owning it. - Mail & Guardian website
Keyphrase :
2010 FIFA World Cup

Judge slams town's attempt to grab communal land - 24 June
An outraged Pretoria High Court judge has accused Mpumalanga's capital city and the provincial cabinet of resorting to the same "shiny mirrors" trick as early settlers to hoodwink a farmworker community out of their ancestral land. A visibly angry Judge Ntendeya Mavundla summoned lawyers from the Mbombela city council, forcing them to drive 350km to Pretoria on Friday afternoon so that he could personally grill them for unethical and unconstitutional behaviour. Judge Mavundla said it appeared the municipality believed it was above the law and the constitution itself when it tried to force the Matsafeni community to sell 118 hectares of prime development land for a mere R1. The land, on the outskirts of Nelspruit, is the site of Mpumalanga's flagship R1-billion 2010 World Cup stadium.  Provincial authorities bulldozed two of South Africa's oldest black schools and started building the sprawling stadium complex on the community land two years ago without actually owning it. - The Star website

Extradition : Kebble Case

NPA bides time on Stratton extradition - 20 June
The National Prosecuting Authority (NPA) has yet to ask Australian authorities to extradite John Stratton, despite investigators saying it was imperative that he be tried with alleged crime kingpin Glenn Agliotti for the murder of Brett Kebble. Attempts to obtain a comment from NPA spokesman Tlali Tlali on the apparent lack of progress with the extradition request and arrest warrant were met with the following statement : "We will comment about the outcomes of the efforts we undertook only when we are in a position to do so". This is despite a Pretoria High Court judgment in favour of the extradition. Earlier this month Stratton said on Australian television that he would never return to SA to stand trial. - allAfrica website

24 October 2008
A3089/07 [2008] ZAGPHC 333
Mphahlele v Mphahlele and Another

24 October 2008
A5041/2007 [2008] ZAGPHC 332
Lukhele v Metrorail

25 Sepember 2008
08/22932 [2008] ZAGPHC 289
Hlophe v Constitutional Court of South Africa and Others

Hlophe JP vs the Constitutional Court - 19 October
The decision of the five Judge Bench of the Witwatersrand Local Division of the High Court in the dispute between the Cape Judge President and the Justices of the Constitutional Court has elicited a degree of initial confusion and a lot of comment. The confusion is attributable to a break down in communication between the Court delivering the judgment and the media, the comment is due to the novelty of the decision of the majority of the Court. - politicsweb website

17 September 2008
6688/08 [2008] ZAGPHC 283
Wholesale Housing Supplies (Pty) Ltd v Bramley and Another

12 September 2008
2002/839 [2008] ZAGPHC 285
Bid Financial Services v Close Trade 42 CC trading as Design Workshop and Others

12 September 2008
2006/11442 [2008] ZAGPHC 275
Blue Moonlight Properties 39 (Pty) Limited v Occupiers of Saratoga Avenue and Another

8 September 2008
2008/19224 [2008] ZAGPHC 272
Digital Horizons (Pty) Ltd v SA Broadcasting Corporation and Another

3 September 2008
4138/06 [2008] ZAGPHC 284
McCarthy Ltd v Absa Bank Ltd

27 August 2008
2008/12359 [2008] ZAGPHC 273
Mohammed Abdulmohsin Al-Kharafi & Sons for General Trading, General Contracting and Industrial Structures WLL and Another v Pema NO and Others

20 August 2008
18094/2006 [2008] ZAGPHC 301
National Home Builders Registration Council (NHBRC) v Botes NO and Others

20 August 2008
A3017/08 [2008] ZAGPHC 282
Pretorius v Willet and Others

20 August 2008
2008/16120 [2008] ZAGPHC 261
Central Authority for the Republic of South Africa v Bronowicki

19 August 2008
A708/06 [2008] ZAGPHC 257
Soko v Road Accident Fund

18 August 2008
A294/06 [2008] ZAGPHC 280
S v Oates

14 August 2008
A344/08 [2008] ZAGPHC 281
S v Ashley

13 August 2008
287/07 [2008] ZAGPHC 260
S v Makhobuki

18 July 2008
5619/08 [2008] ZAGPHC 216
Nedbank Ltd v Master of the High Court (Witwatersrand Local Division) and Others

26 June 2008
07/28863 [2008] ZAGPHC 209
Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another

24 June 2008
2007/463 [2008] ZAGPHC 185
Steelnet (Zimbabwe) Limited v Master of the High Court Johannesburg and Others

20 June 2008
08/8695 [2008] ZAGPHC 182
Moore v Nouveau Investments CC and Others

20 June 2008
29383/2007 [2008] ZAGPHC 180
Tugendhaft v Fratellis Bright Water Commons CC and Another

17 June 2008
A59/2006 [2008] ZAGPHC 199
S v Gabatswe

13 June 2008
06/16296 [2008] ZAGPHC 181
Anglogold Ashanti Limited v Fluor SA (Pty) Ltd

Court rules in favour of AngloGold in R2,7m silicosis case - 26 June
The Johannesburg High Court, on Thursday, ruled in favour of gold-miner AngloGold Ashanti in terms of a R2,7-million occupational health disease claim lodged by a former employee, Thembekile Mankayi. The ruling had also settled a dispute on whether mineworkers, who had already been compensated under the Occupational Diseases in Mines and Works Act (Odimwa), could be able to claim compensation from their employers. The case was seen as a test case and had the potential to open mining companies to thousands of lawsuits said to be worth millions of rands. - Creamer Media's Mining Weekly website

Judge pleads for mediation on SABC chief Mpofu - 25 June
Johannesburg High Court Judge Mohamed Jabjhay said he spoke for all South Africans yesterday as he pleaded with the SABC board and the broadcaster's suspended group CEO, Dali Mpofu, to seek mediation. "Please, I speak the voice of the nation, the judiciary speaks the voice of the nation, forget your personal differences. Please try to resolve this matter," the judge begged Mpofu and the SABC board. - allAfrica website

Questions for Bermuda in King tax case - 20 June
The tax case against businessman Dave King in the Johannesburg High Court is causing some embarrassment for the Bermuda government, which has been asked to explain why the Bank of Bermuda has been helping King evade tax. Finance Minister and Deputy Premier of Bermuda Paula Cox declined to comment on allegations that three bank employees had openly discussed restructuring King's finances to ensure that he did not have to pay a hefty tax bill. She would say only that Bermuda had worked hard to eliminate any image it may have had as a tax haven. The South African Revenue Service (SARS) has spent the past seven years trying to recover more than R2bn in taxes it says King owes. - allAfrica website

Explorer seeks to drop BEE partner - 19 June
Diamond explorer BRC DiamondCore had applied to the Johannesburg High Court for an order to cancel its agreement with its black empowerment partner, Sefalana Mineral Resources, it said yesterday. In November, BRC ( BCD) said it would end the agreement with Sefalana because Sefalana had not met five out of six conditions. BRC declined at the time to give details of what conditions had not been fulfilled. Under the agreement signed in 2006, Sefalana, which is headed by Lesedi Rakakgong, would have held a 15% stake in the De Kalk, Silverstreams, Uitdraai and Koa Valley properties. Rakakgong said in November that Sefalana would contest the cancellation of the agreement in law and accused BRC of procedural irregularities, including failure to hold regular board meetings. - allAfrica website

Selebi Case

Taxpayers pay millions for awaiting-trial Police Chief - 27 June
National police commissioner Jackie Selebi, who is due to stand trial next year for corruption and defeating the ends of justice, will be costing taxpayers millions of rands until then. Selebi, who went on voluntary leave in January, had his employment contract extended by President Thabo Mbeki for 12 months this week. This means that for the next year Selebi will be paid to do nothing while the state pays for the costs of his criminal trial. - allAfrica website

Selebi trial set for April - 26 June
Police National Commissioner Jackie Selebi's case has been transferred to the Johannesburg High Court for trial to begin on April 14 2009. Randburg Magistrate Lalitha Chetty on Thursday turned down his lawyer's objections against possible further delays and did not accede to the request that the matter be struck off the roll. Selebi's lawyer, Jaap Cilliers, earlier objected to the state's request for a postponement to April 14. - Mail & Guardian website

Durban

Woman fined for forcing child to beg - 20 June
In a rare case, a Durban woman has been convicted under the Child Care Act for forcing a child to beg. Bayaphi Msomi, of Illovo, was found guilty by Durban regional court magistrate Mike Lasich of making her 10-year-old niece beg and of exposing her to danger in that she was savagely attacked by dogs while begging. Lasich sentenced Msomi, 30, to six months in jail, or R10 000 suspended for three years, on condition that she was not convicted of any offence involving the abuse or neglect of a child under 16. - IOL website

Pietermaritzburg

Owner of death creche pleads not guilty - 26 October
In a surprise move, a creche owner accused of driving her husband’s car into a nine-month-old baby, resulting in her death, entered a not-guilty plea in the Pietermaritzburg Magistrate's Court this week. Roshnee Hemraj, charged with culpable homicide for the death of Saiona Moonsamy at her creche in July this year, indicated that she would plead guilty when she appeared in court in August. She will stand trial in February next year. - The Times website

23 September 2008
73/LM/Jun08 [2008] ZACT 83
Masscash Holdings (Pty) Ltd v Franklin George Larkins Trading as Top Sport Supermarket

23 September 2008
58/LM/May08 [2008] ZACT 82
Adcorp Staffing Solutions (Pty) Ltd v Staff U Need (Pty) Ltd

22 September 2008
69/LM/Jun08 [2008] ZACT 81
Zungu Investments Company (Pty) Ltd v African Vanguard Resources (Pty) Ltd

18 September 2008
53/LM/May08 [2008] ZACT 80
Purple Moss 25 (Pty) Ltd v FI Funding and Investments Holdco (Pty) Ltd

18 September 2008
49/LM/Apr08 [2008] ZACT 79
RZT Zelphy 4975 (Pty) Ltd v Davita Trading (Pty) Ltd

18 September 2008
82/LM/Jun08 [2008] ZACT 78
Hosken Consolidated Investments Ltd v Seardel Investment Corporation Ltd

17 September 2008
66/LM/JUN08 [2008] ZACT 77
Primetime Trading 6 (Pty) Ltd v Tourism Investment Corporation Limited

17 September 2008
67/LM/Jun08 [2008] ZACT 76
Duferco Investment Partners Inc v Highveld Steel

12 September 2008
60/LM/May08 [2008] ZACT 75
Media 24 Limited v Uppercase Media (Pty) Ltd

12 September 2008
68/LM/Jun08 [2008] ZACT 74
Government Employees Pension Fund v Trevenna Precinct Office Development

10 September 2008
48/LM/APR08 [2008] ZACT 73
Mainstreet 646 (Pty) Ltd v Alstom SA (Pty) Ltd

10 September 2008
76/LM/Jul08 [2008] ZACT 72
BAE Systems Land Systems South Africa (Pty) Ltd v IST Dynamics (Pty) Ltd

10 September 2008
72/LM/Jul08 [2008] ZACT 71
Porsche Automobil Holding SE v Volkswagen AG

9 September 2008
70/LM/JUN08 [2008] ZACT 70
Hewlett Packard Company v Electronic Data Systems Corporation

4 September 2008
35/LM/Apr08 [2008] ZACT 69
Investec Bank Ltd v Clidet No.808 (Pty) Ltd

14 August 2008
56/LM/MAY08 [2008] ZACT 66
Macsteel Services Centre (Pty) Ltd v Harvey Roofing Products

13 August 2008
31/LM/Apr08 [2008] ZACT 65
Barloworld Investments (Pty) Ltd v NMI DSM South Motors (Pty) Ltd

13 August 2008
49/CR/Apr00 [2008] ZACT 64
American Natural Soda Ash Corporation and Another v Competition Commission of South Africa

11 August 2008
43/LM/Apr08 [2008] ZACT 63
Stefanutti & Bressan Holdings Limited v Stocks Limited

31 July 2008
63/LM/MAY08 [2008] ZACT 62
Grindrod Limited v Oreport Holdings (Pty) Ltd

31 July 2008
59/LM/MAY08 [2008] ZACT 61
ABSA Group Limited v Woolworths Financial Services (Pty) Ltd

28 July 2008
64/LM/May08 [2008] ZACT 60
Bytes Technology Group SA (Pty) Ltd v Nor Stationary Wholesalers (Pty) Ltd Nor Paper (Pty) Ltd

23 July 2008
09/CR/Jan07 [2008] ZACT 59
Competition Commission v Allen Meshco (Proprietary) Limited and Others

22 July 2008
47/LM/Apr08 [2008] ZACT 58
Volkswagen Aktiengesellschaft v Scania Aktiebolag

21 July 2008
13/LM/JAN08 [2008] ZACT 57
Scaw South Africa (Pty) Ltd v Ozz Industries (Pty) Ltd

14 July 2008
33/LM/Apr08 [2008] ZACT 56
Altron Finance (Pty) Ltd v Aeromaritime International Management Services

14 July 2008
45/LM/Apr08 [2008] ZACT 55
PSG Financial Services v ZS Rational Holdings (Pty) Ltd and Another

9 July 2008
44/ LM/Apr08 [2008] ZACT 54
Reunert Ltd v Quince Capital Holdings Ltd

8 July 2008
26/LM/Mar08 [2008] ZACT 53
DairyBelle (Pty) Ltd v Dairy World (Pty) Ltd and Another

8 July 2008
34/LM/Apr08 [2008] ZACT 52
Newshelf 926 (Pty) Ltd v Moepi Group (Pty) Ltd

8 July 2008
41/LM/Apr08 [2008] ZACT 51
Dubai World Africa Conservation FZE v Business Venture Investments No 1145 (Pty) Ltd

8 July 2008
32/LM/Apr08 [2008] ZACT 50
Aquarius Platinum (South Africa) Corporate Services (Pty) Ltd v Platinum Mile Resources (Pty) Ltd

4 July 2008
42/LM/Apr08 [2008] ZACT 49
Chemical Services Limited v Chemfit Industrial Holdings

26 June 2008
65/LM/JUN08 [2008] ZACT 48
Resilient Property Income Fund Ltd v Diversified Property Fund Ltd

26 June 2008
46/LM/May08 [2008] ZACT 47
TATA Motors Ltd v Jaguar Land Rover

23 June 2008
103/CR/Dec06 [2008] ZACT 46
Clover Industries Limited and others v Competition Commission ; Competition Commission v Clover Industries Limited and Others

20 June 2008
31/CR/May05 [2008] ZACT 45
Omnia Fertilizer Ltd v Competition Commission ; Competition Commission of South Africa v Sasol Chemical Industries (Pty) Ltd and Others

17 June 2008
39/LM/Apr08 [2008] ZACT 44
Brandcorp (Pty) Ltd v Allied Putziger (Pty) Ltd and Others

4 June 2008
13/LM/JAN08 [2008] ZACT 68
Scaw South Africa (Pty) Ltd v Ozz Industries (Pty) Ltd

More companies may be implicated in steel cartel - 18 July
Having exposed the tip of what could be a steel price-fixing iceberg, the Competition Commission has said that it expected to receive more information, which would implicate more steel companies, and highlight more products that have had their prices inflated owing to collusion in the industry. - Creamer Media's Engineering News website

Raids on steel companies may have unearthed cartel - 17 July
The Competition Commission has received an application for corporate leniency from a steel company, which alleges the existence of a cartel among competitors in the steel sector. The application followed the raids on June 19 of Cape Town Iron and Steel Works, Highveld Steel and Vanadium Corporation, and the South African Iron and Steel Institute (Saisi). The commission did not name the source of its information, but Anglo American issued a statement later on Thursday evening, in which it revealed that its 74%-owned Scaw Metals had in fact sought and been granted conditional corporate leniency. - Creamer Media's Engineering News website

Competition authorities raid steel companies' offices in new price probe - 23 June
Continuing its crackdown on the South African steel industry and investigating alleged price-fixing and exclusive dealing, the Competition Commission has raided the premises of Cape Town Iron and Steel Works, Highveld Steel and Vanadium Corporation, and the premises of the South African Iron and Steel Institute (Saisi), in Pretoria. These raids followed investigations into, and the fining of steel recycling company the Reclamation Group for R145-million. - Creamer Media's Engineering News website

2 June 2008
45/CR/May06 [2008] ZACT 43
Sasol Chemical Industries (Pty) Ltd v Competition Commission and Others ; Competition Commission of South Africa v Sasol Chemical Industries (Pty) Ltd and Others

Appeal Court debates ruling against Arcelor - 27 October
Harmony Gold asked the Competition Appeals Court on Friday not to "trivialise" a ruling by the Competition Tribunal, which found ArcelorMittal SA guilty of charging excessive prices. The decision of the tribunal had to be followed from beginning to end as a "sustained piece of economic reasoning" and should not be set aside on the basis of semantics, David Unterhalter, senior counsel for Harmony, argued. At the heart of the appeal were questions about whether the tribunal had correctly interpreted competition legislation when it made its ruling. - allAfrica website

ArcelorMittal eyes the exit - 27 October
ArcelorMittal South Africa, the steel giant fending off a precedent-setting R692 million antitrust fine, has given its strongest signal yet that it could pull out of the country if it is not allowed to charge prices deemed "excessive". Owen Rogers, the group's legal counsel, told the competition appeal court on Friday that the company must be allowed to charge prices that would enable it to cover its costs and generate profit. - Business Report website

ArcelorMittal South Africa 'maximized profit,' Harmony says - 24 October
ArcelorMittal South Africa Ltd, the biggest steelmaker in Africa, used its "overwhelming'' dominance to charge local customers "exploitative prices'' and "maximize profit,'' Harmony Gold Mining Co told the Competition Appeal Court. - Bloomberg website

ArcelorMittal South Africa appeals over ruling, fine - 23 October
ArcelorMittal South Africa Ltd, the biggest steelmaker in Africa, asked the country's antitrust appeal court to reverse a ruling that the company charged "excessive'' prices and to cancel a record fine. The company, controlled by the world's biggest producer ArcelorMittal, described as baseless the Competition Tribunal's accusation that talks with the government over making steel more affordable were a "sham,'' according to its notice of appeal. The appeal is being argued in court in Cape Town today. - Bloomberg website

African SEM firm files complaint against Google SA for "abuse of dominance" - 3 September
South African online marketing firm Entelligence announced that it had filed a formal complaint with the Competition Commission of South Africa against Google's South African operation for "abuse of dominance in terms of Section S8(d)(i) of the Competition Act 89 of 1998, which prohibits a firm from 'requiring or inducing a supplier or customer to not deal with a competitor'". - search engine land website

Vodacom exec up for perjury - 24 July
A female Vodacom executive is facing criminal charges in connection with providing false information to the Competition Commission. The commission yesterday filed charges of perjury against the executive, who cannot be named until she has appeared in court, with the Sunnyside South African Police Service. The commission explains that it received notification on 20 December of a large merger between Vodacom subsidiary Vodacom Service Provider Company (VSPC), and Global Telematics SA and Glocell Service Provider Company. - ITWeb website

SA's bank charges too high, inquiry finds - 25 June
South Africa’s bank charges were higher than what they would be at competitive levels, the Competition Commission said on Wednesday, following the completion of an inquiry into the level and structure of bank charges and access to the retail banking sector. The banking enquiry panel, which was established in August 2006, has found that the current market structure, because of current information asymmetries and product complexities, meant that South African banks had the ability to abuse their market power. - Creamer Media's Engineering News website

Competition Commission waves stick at banks - 25 June
Cap the fees banks charge for bouncing debit orders; stop discrimination against customers of other banks using your ATMs and admit non-banking players to the payments system. These are some of the recommendations of the 588-page Banking Enquiry of the Competition Commission announced today. Today only a 44-page executive summary was released. The bigger report will be published only after material that compromises competition among banks has been taken out and after the banks have had sight of it. - moneyweb website

See also : Banking Enquiry website http://www.compcom.co.za/banking/

Comp Commission to regulate ICT sector  - 4 June
The Electronic Communications (EC) Act will be amended to allow the Competition Commission to have the final say on competition matters within the ICT sector. This may have a significant bearing on cost issues, says deputy communications minister Roy Padayachie. Delivering his speech during the Department of Communications budget vote, in Parliament yesterday, Padaychie said that currently the EC Act allows the Independent Communications Authority of SA (ICASA) to function as a sector regulator for competition matters within the ICT sector. - ITWeb website

Committee Minutes

Communications Committee

30 September 2008
Interviews of Candidates for appointment on the Media Development & Diversity Agency

Environmental Affairs and Tourism Committee

21 October 2008
National Environmental Management Amendment Bill [B35B-07] : adoption of NCOP Amendments

Finance Committee

20 October 2008
Revenue Laws Amendment Bills : National Treasury responses on issues raised with Minister & Draft Money Bills Amendment Procedure & Related Matter Bill : reconsideration of Clause 10

Foreign Affairs Committee

21 October 2008
Russian Treaty

Home Affairs Committee

21 October 2008
"Who am I Online" project & Department of Home Affairs Annual Report 2007/8 : Office of the Auditor General report

Housing Committee

21 October 2008
Department of Housing Annual Report 2007/08

Justice and Constitutional Development Committee

22 October 2008
Mediation Committee on Mandating Procedures of Provinces Bill [B8D-2007]

21 October 2008
Judicial Matters Amendment Bill & Criminal Procedure Amendment Bill : adoption ; Report on Traditional Courts Bill, Legal Aid Board Guide, Judicial Officer salaries & other issues

20 October 2008
Scorpions Closure : National Prosecuting Authority Amendment Bill [B23-2008] & South African Police Service Amendment Bill [B30-2008]: adoption

16 October 2008
Scorpions closure : National Prosecuting Authority Bill & SA Police Service Amendment Bill : deliberations

15 October 2008
Scorpions closure : New Unit's composition deliberations

14 October 2008
Criminal Procedure Amendment Bill & Judicial Matters Amendment Bill : Departmental briefings & deliberations

30 September 2008
Scorpions Closure : Proposals for New Unit , NPA Amendment Bill & SAPS Amendment Bill : deliberations

Labour Committee

21 October 2008
Skills Development Amendment Bill : Consideration of proposed amendment

Public Service and Administration Committee

21 October 2008
National Commissioners for Public Service Commission : Short Listing

Standing Committee on Auditor General

7 October 2008
Office of Auditor General Strategic Plan & Budget 2009-12

Trade and Industry Committee

7 October 2008
Competition Amendment Bill : deliberations & adoption of amendments proposed by NCOP

Transport Committee

14 October 2008
Civil Aviation Bill [B73-2008] : public hearings

NCOP Committees

Economic Affairs Committee

16 October 2008
Consumer Protection Bill [B19C-2008] : Departmental briefing & National Radioactive Waste Disposal Institute Bill : Department of Minerals and Energy briefing & adoption

15 October 2008
Companies Bill : Department briefing and adoption & Mineral and Petroleum Resources Development Amendment Bill : Amendments & adoption

Education Committee

15 October 2008
National Qualifications Framework Bill, General & Further Education & Training Quality Amendment Bill, Higher Education Amendment Bill : Department’s response to Provincial Negotiating Mandates

Labour and Public Enterprises Committee

16 October 2008
Broadcasting Amendment Bill : proposed amendments & adoption

Land and Environmental Affairs Committee

14 October 2008
National Environmental Laws Amendment Bill [B66B-08] ; Provision of Land & Assistance Amendment Bills : Departmental briefings

Local Government and Administration Committee

15 October 2008
National House of Traditional Leaders Bill & Traditional Leadership & Governance Framework Amendment Bill : final mandates

8 October 2008
National House of Traditional Leaders Bill, Traditional Leadership & Governance Framework Amendment Bill : deliberations

Public Services Committee

16 October 2008
National Land Transport Bill : negotiating mandate & further deliberations

15 October 2008
National Railway Safety Regulator Amendment Bill ; Road Traffic Amendment Bill : negotiating mandates

Security and Constitutional Affairs Committee

22 October 2008
Mediation Committee on Mandating Procedures of Provinces Bill [B8D-2007]

9 October 2008
Transvaal Road Police Station Rape Allegation : SAPS & ICD briefing & National Conventional Arms Control Amendment Bill : deliberations

8 October 2008
National Conventional Arms Control Amendment Bill : deliberations

7 October 2008
Second Hand Goods Bill : Final mandates & Adoption of Bill & Recommendation to remove Magistrate S P Zwelibanzi from office

Social Services Committee

14 October 2008
Medicines & Related Substances Amendment Bill : Department of Health briefing

Joint Committees

Budget Committee

20 October 2008
Human Sciences Research Council findings on Health, Education, Agricultural Development & Land Research findings & Public Service Commission (PSC) Report on efficient use of resources

Ad Hoc Committees

Appointment to the Commission on Human Rights

7 October 2008
Election of Chairperson ; Planning

Intelligence Legislation

15 October 2008
Withdrawal of Intelligence Services Amendment Bill ; National Strategic Intelligence Amendment Bill ; Protection of Information Bill

30 September 2008
Intelligence Services Amendment Bill, National Strategic Intelligence Amendment Bill & Protection of Information Bill : deliberations

National Youth Development Agency

21 October 2008
National Youth Development Agency Bill : briefing

16 October 2008
Task Team terms of reference, draft legislation, draft committee programme and budget

14 October 2008
Appointment of Chairperson & Procedures for Legislation on National Youth Development Agency

Built Environment Profession Bill

Engineers warn that built-environment Bill could undermine public safety - 22 October
Consulting Engineers South Africa (CESA), which represents about 460 consulting engineering firms, has reaffirmed its concern about the consolidation of the existing professional councils into a new mega-council, dubbed the South African Council for Built Environment (SACBE). The move is proposed in the Built Environment Professions Bill, but CESA argued that such a development could impact negatively on the health and safety of the public. The Bill was approved by the National Assembly's Portfolio Committee on Public Works, which concurred with the Department of Public Works that the SACBE would help to accelerate the transformation of professions such as engineering, architecture, and quantity surveying. - Creamer Media's Engineering News website

NCOP set to deliberate on controversial built environment Bill - 17 October
The Department of Public Works is scheduled to brief a select committee of the National Council of Provinces (NCOP) on Wednesday on the controversial Built Environment Professions Bill, which has already been approved by the National Assembly's Portfolio Committee on Public Works, which held public hearings into the proposed law earlier this year. - Creamer Media's Engineering News website

Expropriation Bill

PAC, AgriSA seek common ground on land bill - 28 October
The Pan-Africanist Congress (PAC) and farmers' union AgriSA met in Pretoria yesterday to discuss aspects of the Expropriation Bill before Parliament and various aspects of land reform, agriculture and food prices. The Expropriation Bill is aimed at rectifying the skewed land ownership patterns inherited from apartheid. It allows the executive to expropriate land for compensation that is not necessarily market-related. - Business Day website

Judicial Service Amendment Act

Door shut on judges' misconduct hearings - 28 October
A new law on the Judicial Service Commission (JSC) will, as a general rule, see hearings on judicial misconduct closed to the public. The Judicial Service Amendment Act was signed last week by President Kgalema Motlanthe. A JSC hearing would in future be open to the public only if its head decided that a public hearing was "in the public interest and for the purpose of transparency". - Business Day website

Money Bills Amendment Procedure and Related Matters Bill

Manuel warns MPs on new powers to tweak budget - 28 October
Finance Minister Trevor Manuel has raised concerns about a pending law to give Parliament power to amend money bills such as the budget. Manuel has repeatedly backed the principle of empowering Parliament to amend money bills rather than just rubber-stamping treasury proposals. The constitution requires such a law, but it has been delayed for more than 10 years. - Business Day website

Protection of Information Bill

Editors welcome shelving of info bill - 23 October
The South African National Editors' Forum (Sanef) yesterday welcomed the shelving of controversial legislation designed to protect classified information. But the bill will be presented to the new Parliament after elections next year. The Protection of Information Bill has drawn scathing attacks from across the media. Should the bill become law, any government department can classify any document as confidential, warn critics. - Business Day website

Fee Fie Foe Firm : South Africa
http://www.feefiefoefirm.com/za/

http://www.treasury.gov.za/documents/mtbps/2008/default.aspx

22 October

Manuel sticks to his guns on economy
The government yesterday declined to bow to pressure for policy changes from its alliance partners, saying the current framework allowed the country to ride out the global storm. Presenting the medium-term budget policy statement, or mini- budget, Finance Minister Trevor Manuel reiterated commitment to inflation targeting and ruled out any extension of the number of foodstuffs VAT zero-rated. - Herald Online website

Manuel says appropriate action was taken to counteract global financial crisis
Finance Minister Trevor Manuel cut his forecast for economic growth yesterday - and warned South Africans that even this was a best-case scenario that could be torpedoed by the global financial meltdown. Presenting his Medium-Term Budget Framework in parliament, Manuel said the 4.2 percent growth in GDP next year that he estimated in February was now more likely to be 3 percent, but that it should pick up to 4 percent in 2010. - The Times website

21 October

Manuel stumps up extra R170bn for crisis
Finance Minister Trevor Manuel stumped up an additional R170-billion over the next three years to keep the economy going in the face of a global financial storm and to compensate government departments for the cost of inflation. - The Times website

Budget shifts into deficit as spending jumps
SA'S budget will fall back into deficit next year as higher spending on infrastructure and to compensate for inflation lift spending, the National Treasury said today. Slower world and domestic economic growth would also put pressure on revenue, particularly corporate tax, leading to an increase in public sector borrowing. - Business Day website

Manuel : 'the thunder will pass'
The financial storm has arrived and is fiercer than anyone could have imagined, said Finance Minister Trevor Manuel on Tuesday in presenting his Medium-Term Budget Policy Statement. However, he said, South Africa will ride out the storm due to the pre-emptive action it has already taken. - Mail & Guardian website

Manuel : growth forecasts down
Under the banner "Liduduma lidlule!" (the thunder will pass), this year's Medium Term Budget Policy Statement (MTBPS) says that, despite "a financial market crisis on a scale not seen since the 1930s", South Africa's "sound economic policies, healthy public finances and resilient financial institutions" will help the country emerge from the global crisis relatively unscathed. - Moneyweb website

Major increases in government spending
As South Africa enters a more difficult economic period, government plans to pick up the pace in its spending in order to boost economic growth and mitigate the effects of inflation on government programmes, according to the Medium Term Budget Policy Statement (MTBPS). - Moneyweb website

Praise for SA banks & regulator
In this year's Medium Term Budget Policy Statement (MTBPS), the National Treasury has plenty of reassuring and complimentary things to say about local banks, which have thus far managed to avoid serious losses linked to the US subprime mortgage market meltdown and subsequent credit crisis. Treasury assured South Africans that their banks are safe, saying "South African financial institutions do not have significant direct exposures to the US housing market or failed banking and credit institutions". - Moneyweb website

Manuel defends inflation targeting, but opens door to Alliance positions - 21 October
Finance Minister Trevor Manuel strongly defended government's inflation-targeting policy on Tuesday, saying it provided a vital anchor in the context of financial market turmoil. - Creamer Media Engineering News website

More no-fee schools
Most children in public schools will not be paying school fees in three years, according to the Medium-Term Budget Policy Statement tabled on Tuesday. - IOL website

South Africa

Cliffe Dekker, Hofmeyr merger gets Competition Commission approval - 23 July
The Competition Commission has unconditionally approved the merger between Cliffe Dekker and Hofmeyr Herbstein & Gihwala, effectively paving the way for the formation of one of the largest legal firms in South Africa. The new firm would be known as Cliffe Dekker Hofmeyr. - Creamer Media's Engineering News website

India

30 law students barred from exams - 22 October
As many as 30 students of the Indian Law Society's (ILS) Law College held a silent protest on the college premises on Monday against the college authorities, who barred them from writing the first semester exams due to poor attendance. When contacted, the college officials said they were waiting for the high court's order which will decide the fate of the students. According to ILS officials, 40 per cent attendance is mandatory for appearing in examinations. - Times of India website

Environment

Assmang may add two new smelters at Cato, Business Report says - 23 October
Assmang Ltd submitted an environmental report on a proposal to build two more furnaces at its Cato Ridge plant, Business Report said, citing Jan Steenkamp, an executive director at the company. - Bloomberg website

SA govt spending 'millions of rands' to rehabilitate abandoned mines - 15 October
South Africa's Department of Minerals and Energy (DME) is spending heavily to identify and rehabilitate derelict mines across the country, an official said on Wednesday. "Despite the economic gains that have been derived from the mining industry, the mining activities have also resulted in disastrous environmental acts", chief director of economic analysis Tseko Nell said in a speech. - Creamer Media's Mining Weekly website

SA miners urged to apply lessons from past clean-ups to Wonderfontein pollution - 16 October
The gold-mining industry should apply knowledge gained from previous experiences in the clean-up of contaminated sites to tackle the mine-related pollution in the Wonderfontein catchment area, in South Africa's Witwatersrand, says AngloGold Ashanti environmental manager for systems and radiation Jozua Ellis. - Creamer Media's Mining Weekly website

Toxic mercury found in KZN water - 17 October
The KwaZulu-Natal Department of Agriculture and Environmental Affairs is investigating the contamination of some of the province’s dams by mercury. The Medical Research Council last week released the results of a study that assessed exposure to mercury contamination in communities living near the Inanda Dam, which supplies water to the cities of Durban and Pietermaritzburg. - The Times website

See you in court, Mr Minister - 31 August
Sonjica vs Spoor - it's a classic showdown that has rural villagers and traditional leaders on the Wild Coast tackling the South African government for not protecting their land against mining practices which they consider exploitative and rapacious. This week, the Amadiba Crisis Committee, a coalition of residents in the Amadiba Tribal Authority, asked prominent human rights attorney Richard Spoor, to bring a High Court application setting aside the awarding of a mining licence in the area by Minerals and Energy Minister Buyelwa Sonjica. Sonjica recently approved plans by an Australian mining company, Mineral Resource Commodities, to start stripping coastal dunes along South Africa's pristine Wild Coast of titanium-enriched minerals. - IOL website

Finance

What's a garnishee? - 23 October
Consumers are under siege with the current cost of living and high interest rates leading the assault on their pockets. More families are struggling to meet their financial obligations, over-indebtedness has become a reality for many people in South Africa and creditors are looking at tougher options to recoup outstanding debts. - Personal Finance website

Banks seize debtors' salaries - 9 October
As the economic squeeze tightens its grip, "certain" banks are leaving some defaulting clients destitute by seizing their entire salaries to recover what they are owed. Banking ombudsman Clive Pillay issued a statement yesterday deploring the practice, which he called "morally repugnant" and "heartless". Declining to name the banks, Pillay said not all four of the big ones were applying the legal principle of "set-off", which entitled them to take money out of a client's cheque or savings account if credit card or personal loan payments to the bank fell into arrears. - Cape Argus website

Health

90 000 dying yearly from asbestos-related illnesses globally - 24 October
About 125-million people around the world, of whom 12-million are in Africa, are exposed to asbestos at work each year, with at least 90 000 dying from diseases associated with this fibrous mineral, according to the World Health Organisation. And one in every million people globally is diagnosed with the life-threatening asbestos illness, mesothelioma, with 30 to 50 people in the Northern Cape province receiving medical treatment a month. - Creamer Media's Mining Weekly website

Human Rights

Police rape study results drown victims' hope - 27 October
Of every 25 men accused of raping a child or adult woman, 24 walk free - and one in every eight rape suspects is under the age of 17. These are just some of the disturbing statistics that have emerged from South Africa's largest ever rape study, which has exposed how local police and justice authorities are failing rape survivors. The study, which has tracked 2 068 rape cases reported in 70 Gauteng police stations through the justice system from 2003 to the present, is supported by the SAPS and is due to be released by the Tshwaranang Legal Resources and Centre for the Study of Violence and Reconciliation on Monday. - IOL website

Activists tackle defence lawyers - 21 October
Gender activists say they are to lodge complaints with the Law Society of South Africa against several lawyers representing nine men accused of beating a lesbian to death more than two years ago. On February 4, 2006, Zoliswa Nkonyana, 18, was kicked, hit and stabbed by a group of about 20 men - apparently because of her sexual orientation. Seven of the nine men have been in custody since December 2006, while two are out on bail. Activists believe that several of the men's present or past lawyers have contributed to numerous delays in the trial, which continues in the Khayelitsha magistrate's court on Tuesday. - IOL website

Insurance

Utmost care must be exercised in ensuring that the correct information is given to an insurer - 18 September
The Ombudsman for Short-Term Insurance warns consumers to ensure that they fully understand and appreciate the basis upon which motor vehicle insurance is taken out and the category of persons who are insured whilst driving a motor vehicle belonging to an insured. - itinews website

Judiciary

Judiciary struggles on rocky road of transition - 28 October
The announcement by the Judicial Service Commission (JSC) last week that it would advertise again for a Constitutional Court judge means that this will be the third time the position has been advertised. - Business Day website

Judge's transformation comments irk advocate body  - 25 October
Advocates for Transformation has resolved to lay a complaint of misconduct with the Judicial Service Commission (JSC) against the Supreme Court of Appeal's Judge Carole Lewis. This follows a speech by Lewis last week in which she said "appointments to the bench must be made by having regard primarily to merit - skill and experience. Political loyalty and race must cease to be the criteria for appointment by the JSC". - Business Day website

Law Society confirms Lewis complaint - 28 October
The Law Society of SA confirmed on Tuesday that the Black Lawyers' Association had laid a complaint with the Judicial Service Commission against Judge Carole Lewis. The BLA made the decision at its annual general meeting at the weekend. Law Society of SA spokesperson Barbara Whittle confirmed that a complaint had been laid "against the conduct of Judge Carole Lewis". BLA President Andiswa Ndoni said a full complaint would be submitted to the JSC early next week and details would be made public then. - IOL website

An own goal - 24 October
There's no doubt the independence of the judiciary could be the main casualty of the infighting in the ruling party. Yet such an outcome could also be aided and abetted by the well-meaning but misguided desires of some within the legal fraternity. Editorial. - Financial Mail website

Concourt post still not filled - 27 October
Disagreement over the suitability of Northern Cape Judge President Frans Kgomo and Johannesburg High Court Judge Nigel Willis for a seat in the Constitutional Court led to last week's unexpected re-opening of applications for the position. On Wednesday the Judicial Service Commission (JSC) made this announcement after interviewing judges Edwin Cameron, Shenaz Meer, Kgomo and Willis. The seat becomes vacant when Judge Tholakele Madala retires next month. - Mail & Guardian website

Concourt job still up for grabs - 23 October
The Judicial Service Commission is struggling to find four people worth paying R1,5-million each a year. The JSC said on Wednesday that despite running interviews for Constitutional Court judge positions last week, it didn't have four candidates to recommend to the president for appointment. - IOL website

See :
Judicial Service Commission media release and advertisement - 20 October 2008

See also : Judicial Service Amendment Act above

Land Affairs and Property

Non-residential property still healthy - 28 October
Office- and industrial-property rentals continue to grow impressively, shows the latest issue of Rode's Report on the SA Property Market. In spite of this, building plans approved for new office and industrial buildings are slowing down markedly. No doubt, this anomaly is the result of the uncertain international environment and high interest rates, says Rode's Report editor John Lottering. - Cape Business News website

Value of building plans passed down - 24 October
The value of recorded building plans passed by larger municipalities at current prices during January to August 2008 decreased by 3,6% (-R1,997m) compared with January to August 2007, figures released by Statistics South Africa on Wednesday showed. Decreases were reported for residential buildings (-11,4% or -R3,467,800) and additions and alterations (-0,8% or -R114,4m). KwaZulu-Natal counteracted these decreases to a certain extent, increasing by 4,4 percentage points (R2,439m). - News24 website

See :
P5041.1 - Selected building statistics of the private sector as reported by local government institutions, August 2008
15 October 2008
http://www.statssa.gov.za/publications/P50411/P50411August2008.pdf

South Africa's cities most unequal in world, says UN - 28 October
Despite economic growth of 5 per cent a year in South Africa for the past decade, the country's cities "are the most unequal in the world", according to a United Nations report on inequality among urban dwellers. UN-Habitat's latest State of the World's Cities report, which is published every two years, says even though local governments have tried to redistribute wealth, efforts to bridge the gap between rich and poor have mostly failed. - Irish Times website

UN-HABITAT unveils State of the World's Cities report - 23 October
UN-Habitat website

To purchase report online : http://www.unhabitat.org/pmss/getPage.asp?page=bookView&book=2562

Development

New Cape Premier halts controversial land deal - 24 October
Development of the controversial Somerset Hospital site, regarded as one of Cape Town's most sought-after pieces of real estate in provincial government hands, has been put on hold by Premier Lynne Brown in a move seen as a slap in the face of her predecessor Ebrahim Rasool. Brown announced yesterday that existing bidders already part of a so-called "requisition for qualification" process to develop the site would be given 21 days to say why the current process, which started in April when Rasool was still in power, should not be "aborted and started afresh". Garth Strachan, MEC for finance, economic development and tourism said the intention was to terminate the process and there were sensitive legal issues and processes which sought to ensure that everyone had a "fair hearing". - allAfrica website

Waterfront sale now hangs on parliament - 23 October
Transnet and the department of public enterprises have accepted that they have been unable to persuade the government to exclude land still to be reclaimed from the sea from tough new coastal protection legislation. This legislation is the long-awaited Integrated Coastal Management Bill, now being processed by parliament. This means Transnet will only be able to complete its controversial R7-billion sale of the Waterfront to Dubai-based investors once a full sitting of Parliament has specifically agreed that land still to be reclaimed there can be exempted from the provisions of this legislation. - IOL website

Rival billion-rand project for N Coast - 23 October
The community of Macambini, near Mandeni, is set to clash with the KwaZulu-Natal government after announcing a second multibillion-rand development project for the area. Premier S'bu Ndebele, KZN Director-General Kwazi Mbanjwa and King Goodwill Zwelithini recently travelled to Dubai to unveil a R44-billion project to be built on 16 500ha. The KZN government signed a memorandum of understanding with the developers, the Ruwaad consortium, while in Dubai. However, the Macambini community were opposed to the project, saying they had not been consulted and feared they would have to move. The community had previously been moved to make way for a highway to be built. - IOL website

Land Reform and Restitution

One thousand homes handed to new owners in Delft - 24 October
Yesterday, 10 months after one of the biggest home invasions in South Africa's history, 1 000 homes in Delft were handed to their rightful new owners by Lindiwe Sisulu, the Minister of Housing. Damage to the homes following the invasion has been repaired, construction completed and the homes allocated according to the agreed N2 Gateway formula : 70% to former occupants of informal settlements and 30% to families that used to live in backyards in the vicinity of the development. - Cape Business News website
Keyphrase :
Delft Eviction Case

Communities gain ground in Mondi deal - 17 October
Paper and packaging group Mondi, the regional land claims commission and the Kranskop communities of AmaHlongwa and AmaBomvu have signed SA's first forestry-related land restitution settlement agreement, for R20,5million. The agreement provides for the transfer of more than 4000ha of Mondi land to the two communities. The communities would get title to the land, which would be leased back to Mondi. - Business Report website

Minerals and Energy

Concern over upcoming Mining Charter review in absence of original architects - 24 October
"From an industry perspective, we no longer have major players like Bobby Godsell, Con Fauconnier, Rick Menell and Barry Davison. Labour has lost both Gwede Mantashe and Geoff Magida. The Minister of Minerals and Energy at the time, Phumzile Mlambo-Ngcuka, has moved on and so have Nchaka Moloi and Abe Mngomezulu from the Department of Minerals and Energy. The same applies to the Department of Trade and Industry's Philisiwe Buthelezi and the South African Mining Development Association's Paseka Ncholo. These departures represent a serious loss of both expertise and clear recollection of what structures and instruments were so effectively used to achieve success," South African Chamber of Mines (CoM) CE Zoli Diliza told last month’s Mining Summit, in Johannesburg, which was characterised by ultrarobust debate between government, business and labour, as is usual in mining industry gatherings. - Creamer Media's Mining Weekly website

New State mining company exempt from 'application' criteria only : DME - 21 October
The State mining company is exempt from the "application" criteria of South Africa's minerals legislation only, and not from the legislation's key "granting" criteria, says Department of Minerals and Energy (DME) DDG Jacinto Rocha. Minerals and Energy Minister Buyelwa Sonjica has, in a Government Gazette notice, exempted the State-owned African Exploration Mining & Finance Corporation (AEMFC) – the vehicle for the development of the State mining company – from provisions dealing with applications for prospecting rights, mining rights and mining permits. - Creamer Media's Mining Weekly website

South Africa's State mining company gazetting 'concerning' : Chamber - 16 October
The government gazette notice relating to the new State mining company appeared to "negate the principle of equality before the law" and "we are concerned", acting Chamber of Mines (CoM) of South Africa CE Frans Barker said on Thursday. - Creamer Media's Mining Weekly website

South African Minerals Minister 'may have acted unlawfully' : Peter Leon - 15 October
South Africa's Minister of Minerals and Energy might have acted unlawfully by exempting State-owned African Exploration Mining & Finance Corporation from key licensing provisions of the Mineral and Petroleum Resources Development Act (MPRDA), Webber Wentzel natural resources and regulatory practice group head Peter Leon said on Wednesday. Leon described the move as "legally offensive" and said that it sent "quite the wrong signals to investors in the midst of global financial turmoil". - Creamer Media's Mining Weekly website

SA's draconian new mine Safety Bill will create ‘severe problems’ : attorney - 20 October
South Africa's draconian new Mine Health and Safety Amendment Bill will create "severe problems" if enacted in its present form, says Brink Cohen Le Roux partner Willem Le Roux. Le Roux tells Mining Weekly Online that sections relating to corporate homicide for employers and the closure of accident sites are particularly offensive. The penalty in the event of a transgression is a maximum fine of R3-million or five years imprisonment. Section 86A of the amendment Bill holds employers liable for "any transgression, irrespective of the degree of negligence". Le Roux says that most disconcerting is the subsection 3 proviso, which holds an employer liable for the death of an employee, even in the event of a murder having been committed. - Creamer Media's Mining Weekly website

Municipal Management and Procedure

Cape Town

Green Point Stadium naming rights to go on sale post-2010 - 23 October
The City of Cape Town, like every other 2010 FIFA World Cup host city, has had to deal with rampant increases in the costs of transport, labour and goods since on-site construction began on 22 March 2007. The city's 2010 spokesperson, Pieter Cronje, explained that since February this year they have been facing a budget deficit of R580 million. "We are facing a funding gap of about R580 million, but our own plan to cover that shortfall is the sale of corporate suites, as well as the sale of the naming rights of the stadium to a commercial entity. "Green Point is just a location and there is no branding attached to it, so we are planning to sell the right to brand the name of the stadium after the World Cup," he said. - BuaNews Online website
Keyphrase :
2010 FIFA World Cup

Politics

ANC Alliance Summit statement on policy : full text - 22 October
This is the full text of the alliance summit declaration in which the ANC, Cosatu and the SACP spell out their policy vision for a post-Mbeki era. - The Times website

Road Accident Fund

Screech! : RAF slams the brakes on disability claims - 26 October
Limitations on claims imposed by the new Road Accident Fund Amendment Act mean that motorists will need extra insurance when disabled in a car accident to maintain a decent lifestyle. The limitations include the removal of a claimant's right to sue the guilty party in the event of an accident over and above claiming from the fund. Also, claims for loss of income are limited to R160000 a year and, where the claimant has died, the loss of support to dependants is equally limited to R160 000, irrespective of the number of dependants.  - The Times website

Reform too slow to lift RAF out of insolvency - 30 September
The insolvent Road Accident Fund (RAF) lurched deeper into the red in the year to end-March when its accumulated deficit climbed to R28bn from R20bn the year before. As the auditor-general reports, the fund has not been solvent for many years. Fund executives have pleaded with the treasury for an alternative economic model for the scheme, which provides compensation for accident victims. They again expressed frustration in the annual report tabled in Parliament that nothing had been done about a recapitalisation plan. - Business Day website

Sport and Recreation

Saru owns Springbok emblem : legal firm - 22 October
The SA Rugby Union (Saru) owns the Springbok emblem and not the government, an intellectual property legal firm said on Wednesday. "We have checked with the Register of Trademarks, and Saru is the current owner of the trademark," said Owen Dean, partner at Spoor & Fisher. Sports Minister Makhenkesi Stofile earlier told parliament's sports portfolio committee that SA Rugby owed the government royalties for the use of the Springbok emblem. - IOL website

Rugby boss hits back - 10 October
SA Rugby president Oregan Hoskins has hit back at renewed calls to scrap the Springbok emblem, saying it is an international brand worth "mega-bucks" and should be retained. Hoskins commented today after delegates at a national sport indaba in Durban, led by parliamentary portfolio committee on sport chairman Butana Komphela, clamoured yesterday for the Springbok emblem to be dumped. Hoskins said he had not been a delegate at the conference and did not know what the legal standing of the conference's resolutions would be, but insisted that his position had always been that the emblem should be retained. - Cape Argus website

Statistics South Africa

P0041 - Civil cases for debt, August 2008
23 October 2008
http://www.statssa.gov.za/publications/P0041/P0041August2008.pdf

Excerpt from newsletter :
"The total number of civil summonses issued for debt for the three months ended August 2008 increased by 0,9% compared with the three months ended August 2007. This was the first annual increase for a three-month period since the 2,4% increase reported for the three months ended May 2007. The total number of civil judgements recorded for debt for the three months ended August 2008 decreased by 13,8% compared with the three months ended August 2007. There was also a decrease of 20,8% between August 2007 and August 2008. The total value of civil judgements recorded for the three months ended August 2008 increased by 4,6% compared with the three months ended August 2007. However, there was a decrease of 4,8% in the value of civil judgements recorded for debt between August 2007 and August 2008"

Taxation

Paying your dues - 22 October
Once again it is that time of year when everyone is frantically filing their tax returns and for most this is a fairly easy process. But what are the tax implications of selling or owning a property? - Personal Finance website