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

Issue no.305 November 2008

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

Contents
Government Gazette Update
Acts
Bills and Draft Bills
Proclamations
Regulations and Draft Regulations
Government, General and Board Notices
Recent Journal Articles of Interest
Employment Law
The Taxpayer
Tydskrif vir Hedendaagse Romeins-Hollandse Reg
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
Vacancies
Junior Attorney

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

 Government Gazette Update
Acts
Air Services Licensing Amendment Act 21 of 2008

GN 1143/GG 31541/27-10-2008 **

Diamond Export Levy Act 15 of 2007 and Diamond Export Levy (Administration) Act 14 of 2007

Date of commencement : 1 November 2008
PR 42/GG 31525/20-10-2008 **

Financial Services Laws General Amendment Act 22 of 2008

GN 1071/GG 31471/30-09-2008 *

Commencement date : 1 November 2008
GN 1170/GG 31561/31-10-2008 *

Judicial Service Commission Amendment Act 20 of 2008

GN 1142/GG 31540/27-10-2008 **


  Bills and Draft Bills
Draft National Youth Development Agency Bill, 2008

Invitation for written comments
GN 1294/GG 31530/24-10-2008 **


  Proclamations
Road Accident Fund Amendment Act 19 of 2005

Commencement date of sections 1, 2, 3, 4 and 5 : 31 July 2006
PR 43/GG 31545/28-10-2008 **


  Regulations and Draft Regulations
Compensation for Occupational Injury and Diseases Act 130 of 1993

Regulations
GN 1158/GG 31535/31-10-2008 **

Electronic Communications Act 36 of 2005

Draft General Licence Fees Regulations
GenN 1305/GG 31542/24-10-2008 **

Withdrawal of GenN 1207/22-09-2008 : Draft General Licence Fees Regulations
GenN 1306/GG 31543/27-10-2008 **

Magistrates Act 90 of 1993

Total remuneration structure of Magistrates
PR 48/GG 31546/27-10-2008 **

National Railway Safety Regulator Act 16 of 2002

Regulations
GN 1135/GG 31520/24-10-2008 **

Remuneration of Public Office Bearers Act 20 of 1998

Determination of the total remuneration packages and the upper limit of the contribution to be made to the pension fund of which Premiers, Members of Executive Councils and Members of Provincial Legislatures are members
PR 46/GG 31546/27-10-2008 **
PR 49/GG 31559/30-10-2008 **

Total remuneration packages of Members of the National Assembly and permanent delegates to the National Council of Provinces
PR 45/GG 31546/27-10-2008 **

Total remuneration packages of the Deputy President, Ministers and Deputy Ministers
PR 44/GG 31546/27-10-2008 **

Total remuneration structure of Constitutional Court Judges and Judges
PR 47/GG 31546/27-10-2008 **


  Government, General and Board Notices
Companies Act 61 of 1973

Securities Regulation Panel : Notice in terms of section 440(3) of proposed amendments to GN 29/GG 31519
GenN 1293/GG 1991/24-10-2008 **

Competition Act 89 of 1998

Invitation to comment on application for designation of the soda ash industry
GenN 1281/GG 31519/24-10-2008 **

Customs and Excise Act, 1964

Amendment of Schedule 1 (no.1/1/1365)
GN 1140/GG 31529/22-10-2008 **

Department of Education

Invitation to comment in writing on the Terms of Reference as set out in the schedule [relating to the mechanisms through which independent evaluation and development of schools can be undertaken]
GenN 1296/GG 31533/24-10-2008 **

Electoral Act 73 of 1998

Amendment to the regulations concerning the submission of lists of candidates (2004)
GN 1168/GG 31558/30-10-2008 **

Electronic Communications Act 36 of 2005

Intention to extend the time period for the submission of written comments pertaining to the sport broadcasting rights discussion document
GenN 1356/GG 31552/29-10-2008 **

Notice regarding the lifting of a moratorium in respect of new licence applications and registrations, applications for licence amendments, renewal and transfers imposed in terms of notice 1057
GenN 1295/GG 31531/22-10-2008 **

Policy direction on the licencing framework of Broadband INFRACO (Proprietary) Limited
GN 1159/GG 31547/09-10-2008 **

Health Professions Act 56 of 1974

Rules relating to the payment of fees for accreditation of education and training offered by education and training institutions
BN 112/GG 31535/31-10-2008 **

Rules relating to the registration by medical orthotists and prosthetists of additional qualifications
BN 111/GG 31535/31-10-2008 **

Rules relating to the registration by medical technologists of additional qualifications
BN 114/GG 31535/31-10-2008 **

Rules relating to the registration by radiographers of additional qualifications
BN 113/GG 31535/31-10-2008 **

Housing Development Agency Act 23 of 2008

Call for nominations for the non-executive directors of the Housing Development Agency Board
GenN 1284/GG 31519/24-10-2008 **

Income Tax Act 58 of 1962

Notice in terms of paragraph (b) of the definition of 'Living Annuity' in section 1
GN 1163/G 31554/30-10-2008 **

Notice in terms of paragraph (c) of the definition of Living Annuity in section 1
GN 1164/GG 31554/30-10-2008 **

Notice in terms of paragraph 2C of the Second Schedule
GN 1165/GG 31555/30-10-2008 **

Independent Commission for the Remuneration of Public Office-Bearers

Recommendations on the security measures of the former Chief Justice of South Africa
GN 1156/GG 31544/27-10-2008 **

Labour Relations Act 66 of 1995

Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal

Extension to Non-parties of the Provident Fund and Mortality Benefit Association Collective Amending Agreement
GN 1122/GG 31520/24-10-2008 **

Bargaining Council for the Laundry, Cleaning and Dyeing Industry, Cape

Extension of period of operation of Sick Benefit Fund Collective Agreement
GN 1157/GG 31536/31-10-2008 **

National Textile Bargaining Council

Extension of period of operation of Main Collective Agreement
GN 1149/GG 31536/31-10-2008 **

National Education Policy Act 27 of 1996

Approval for change of date of registration for the 2010 and 2011 Senior Certificate examination
GN 1151/GG 31535/31-10-2008 **

National Nuclear Regulator Act 47 of 1999

Notice in terms of section 28 on fees for nuclear authorizations
GN 1132/GG 31519/24-10-2008 **

Pharmacy Act 53 of 1974

South African Pharmacy Council

Election/appointment of members of Council
BN 107/GG 31524/24-10-2008 **

Fees payable to the Council
BN 110/GG 31534/24-10-2008 **

Rules relating to acts or omissions in respect of which the Council may take disciplinary steps
BN 109/GG 31534/24-10-2008 **

Rules relating to Code of Conduct
BN 108/GG 31534/24-10-2008 **

Public Finance Management Act

Statement of the National and Provincial Government's revenue, expenditure and national borrowing as at 30 September 2008
GN 1161/GG 31549/30-10-2008 **

South African Qualifications Authority

Announcement of intention to extend the accreditation of the Agriculture Sector Education and Training Authority (AGRISETA)
GN 1153/GG 31535/31-10-2008 **

National Standards Bodies Regulations

Standards Generating Body (SGB) for Adult Basic Education and Training registered by Organising Field 05 (Education, Training and Development)
GN 1141/GG 31532/24-10-2008 **

Standards Generating Body (SGB) for Diplomacy, Protocol and Foreign Affairs Assist registered by Organising Field 08 (Law, Military Science and Security)
GN 1115/GG 31526/24-10-2008 **
GN 1116/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for General SGB 09 registered by Organising Field 09 (Health Science and Social Services
GN 1112/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for Generic Management registered by Organising Field 03 (Business, Commerce and Management Studies)
GN 1118/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for Geographical Information Sciences registered by Organising Field 12 (Physical Planning and Construction)
GN 1114/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for Mining and Minerals registered by Organising Field 06 (Manufacturing, Engineering and Technology)
GN 1119/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for Occupational Health and Safety registered by Organising Field 09 (Health Sciences and Social Services)
GN 1113/GG 31526/24-10-2008 **

Standards Generating Body (SGB) for Retail and Wholesale registered by Organising Field 11 (Retail and Wholesale)
GN 1117/GG 31526/24-10-2008 **

South African Revenue Services

Notice of proposed re-negotiation of the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income with the Government of the Republic of Singapore
GN 111/GG 31518/24-10-2008 **

South African Schools Act 84 of 1996

Approval for change of date of registration for the 2010 and 2011 Senior Certificate examination
GN 1152/GG 31535/31-10-2008 **


* Source : LexisNexis
** Source : Sabinet

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

 Recent Journal Articles of Interest
Employment Law
Unhappy hookers
Editorial
Employment Law - v.24(5), p.2
Second bite : reviewing disciplinary hearings
Employment Law - v.24(5), p.3
Constructively dismissed : handling the unhappy worker
Employment Law - v.24(5), p.12
Case Roundup
No relief for sex workers - Kylie v CCMA and Others [2008] 9 BLLR 870 (LC)
Employment Law - v.24(5), p.17
Sacred oath - Maepe v CCMA and Another [2008] 8 BLLR 723 (LAC)
Employment Law - v.24(5), p.18
Outscrummed - SA Rugby Players' Association (SARPA) and Others v SA Rugby (Pty) Ltd and Others ; SA Rugby Pty Ltd v SARPU and Another [2008] 9 BLLR 845 (LAC)
Employment Law - v.24(5), p.18
Impliedly overruled - Nomzamo Cleaning Services Co-operative v Appie and Others [2008] 9 BLLR 901 (Ck)
Employment Law - v.24(5), p.19
Airline grounded - Steyn v SA Airways [2008] 8 BALR 786 (CCMA)
Employment Law - v.24(5), p.20
Monkeying around - Solidarity on behalf of Bester v Highveld Steel and Vanadium Corporation Ltd [2008] 9 BALR 819 (MEIBC)
Employment Law - v.24(5), p.21

The Taxpayer
The evolution in the interpretation of tax statutes
Editorial

The Taxpayer - v.57(9), p.161
Loans to employees : 'official rate'
The Taxpayer - v.57(9), p.163
Brummeria Renaissance revisited : the real cat and the real pigeon
The Taxpayer - v.57(9), p.164
Expenditure in securing safety from crime : the tax consequences
The Taxpayer - v.57(9), p.171
Binding private ruling : BPR 020
The Taxpayer - v.57(9), p.176
Average exchange rates
The Taxpayer - v.57(9), p.177
Dividends deemed to be interest : section 8E of the Income Tax Act
The Taxpayer - v.57(9), p.179

Tydskrif vir Hedendaagse Romeins-Hollandse Reg
The music performance contract in European and Southern Africa private international law (2)
J L Neels and E A Fredericks
THRHR - Bd.71(4), p.529
A nutshell guide to safeguard action
G Brink
THRHR - Bd.71(4), p.540
Inter-country adoption : a South African perspective
A Pieterse-Spies
THRHR - Bd.71(4), p.556
The contract of pre-emption as an agreement to agree
D Bhana
THRHR - Bd.71(4), p.568
In search  of sentencing guidelines for rape : an analysis of case law and minimum sentence legislation
A van der Merwe
THRHR - Bd.71(4), p.589
Testeerbevoegheid, animus testandi, testeervryheid, bedoeling en die "bedoeling" ingevolge artikel 2(3) van die Wet op Testamente (1)
J Jamneck
THRHR - Bd.71(4), p.603
Abusing the Income Tax Act by misusing the letter of the Act
Y van der Westhuizen
THRHR - Bd.71(4), p.613
Opportunities for mediation in the new Children's Act 38 of 2005
M de Jong
THRHR - Bd.71(4), p.630
The National Credit Act 34 of 2005 : the passing of ownership of the thing sold in terms of an instalment agreement
S Renke and M Pillay
THRHR - Bd.71(4), p.641
Thoughts on the functions and application of the elements of a delict
J C Knobel
THRHR - Bd.71(4), p.650
The basis and underpinnings of the caveat subscriptor rule
C J Pretorius
THRHR - Bd.71(4), p.660
The statutory regulation of children's participation in HIV-related clinical research : more questions than answers
A Nienaber
THRHR - Bd.71(4), p.671
Consent to jurisdiction : unlawful provision in a credit agreement in terms of the National Credit Act is the jurisdiction of a court ousted thereby? - Absa Bank Ltd v Myburgh ; Nedbank Ltd v Mateman ; Nedbank v Stringer
Roestoff and H Coetzee
THRHR - Bd.71(4), p.678
Negotiating the murky waters of settlement discounts - Gud Holding (Pty) Ltd v CSARS
L Olivier
THRHR - Bd.71(4), p.689
Refusal to consent to the change of use of a sectional title unit - Cuje-Jakoby v Kschub
C G van der Merwe
THRHR - Bd.71(4), p.692
The value of recommendation made by the family advocate and expert witnesses in determining the best interests of a child - P v P
H de Ru
THRHR - Bd.71(4), p.698

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

 News on the Electronic Front
   Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za ; http://www.saflii.org/za/cases/ZACC/

Security industry regulation in court - 4 November
The Constitutional Court will hear argument today in a case requiring it to determine the validity of two sections of the Private Security Industry Regulation Act, which makes it illegal for employers to use their untrained workers to safeguard their property. - allAfrica website

Expert rules out Hlophe appeal - 30 October
At least one legal expert believes that Judge John Hlophe's possible appeal to the Constitutional Court is out of the question. Writing in his "Constitutionally Speaking" blog, University of the Western Cape Professor Pierre de Vos said this would not be possible. This was because judges of the Constitutional Court were parties to the matter and could not be judges in their own case. - IOL website

See : Curioser and curioser - 29 October
http://constitutionallyspeaking.co.za/?p=715

Zuma wants Mbeki's appeal struck off court roll - 29 October
ANC President Jacob Zuma has applied to the Constitutional Court to have former President Thabo Mbeki's appeal struck off the roll. His latest application comes after Mbeki requested that his appeal against certain findings by Pietermaritzburg High Court Judge Chris Nicholson be postponed indefinitely. - SABC News website


Supreme Court of Appeal of South Africa - http://www.supremecourtofappeal.gov.za/index.html ; wwwserver.law.wits.ac.za/sca/index.php ; http://www.uovs.ac.za/apps/law/appeal/ ; http://www.saflii.org/za/cases/ZASCA/
Zuma's speedy appeal date could bring trial into play - 4 November
The Supreme Court of Appeals (SCA) has set down the NPA's appeal against the decision of Judge Chris Nicholson, in the Pietermaritzburg High Court, which led to the charges against ANC president Jacob Zuma being withdrawn, for hearing on November 28 2008. The parties have to file their heads of argument prior to November 25. Needless to say this is substantially sooner than most of us expected and could well mean that the trial date and the elections could clash to a greater or lesser degree. - Michael Trapido on the Thought Leader blog

S African prosecutors appeal court ruling in Zuma graft case - 3 November
South African prosecutors said they had filed an appeal Monday to overturn a recent high court verdict that quashed corruption charges against ruling party chief Jacob Zuma. "We filed the appeal today (Monday) in the Supreme Court of Appeal against the ruling of the Pietermaritzburg High Court," National Prosecuting Authority (NPA) spokesman Tlali Tlali told AFP. No date has yet been fixed for hearing in the appeal, he said. - IC Publications website


Equality Courts

Durban

30 September 2008
77/2007 [2008] ZAKZHC 83
Nkosi v Vermaak : Deputy Principal and Another
Keyphrase :
Durban High School Governing Body


Labour Courts - http://www.saflii.org/za/cases/ZALC/ 

Cape Town

Former Dog Unit head heads for Labour Court - 30 October
The case of the former head of the police's Cape Town dog unit, Ivan Myers, who is battling to be reinstated following his axing when he alleged the dogs were underfed, has been held over in the Labour Court. Myers was dismissed in July last year after speaking out over the alleged underfeeding of police dogs at the Maitland dog unit. He took his case to the Safety and Security Sectoral Bargaining Council, but his appeal was unsuccessful. He then sought arbitration on the matter, but it was ruled that his dismissal was fair. Myers has now turned to the Labour Court in the hope that the arbitrator's decision will be reviewed by the court, and overturned. - allAfrica website


Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

29 October 2008
18733/2007 [2008] ZAWCHC 58
De Villiers v Minister of Education Western Cape Province and Another

17 October 2008
A179/08 [2008] ZAWCHC 57
S v Thys

The Lion finally sleeps - 29 October
The local film company that produced the Emmy award-winning documentary about the Zulu roots of the multi-million dollar pop classic The Lion Sleeps Tonight was liquidated in the Cape High Court on Tuesday. Despite winning several awards, the film was not a commercial success and the production company became insolvent because it could not pay its creditors. - IOL website

Murder accused may only see son if boy agrees - 29 October
Businessman Johannes Archer, who is accused of the murder of his estate agent ex-wife Rosemarie Vosloo in June, will not be allowed access to his minor son until the boy says he is ready to see him. That was the order of the Cape High Court on Tuesday in an application by Vosloo's sister, Amelia van der Westhuizen for sole guardianship of the 16-year-old son. She also asked the court to prohibit Archer from having any contact with her or the boy because she feared Archer might try to hurt him. - allAfrica website

'I will hunt you down' - 28 October
A Cape High Court judge, Justice Shanaaz Meer, is to report a Johannesburg attorney to the Law Society after he allegedly threatened the State advocate prosecuting Nazier Kapdi. The outburst on Monday by one of Kapdi's attorneys, Mohammed Mayet, took place inside the courtroom where the alleged tik kingpin and his four co-accused appealed a regional court decision to deny them bail. Court, however, was not in session at the time of the alleged threat. - IOL website


Durban and Coast Local Division - http://www.saflii.org/za/cases/ZAKZHC/

30 October 2008
15510/07 [2008] ZAKZHC 85
Mkhwanazi and Another v Nedbank Limited and Others

30 October 2008
13798/07 [2008] ZAKZHC 84
Ismail v Kistensamy and Others

Media release from Women's Legal Centre

29 October 2008

Recognition of Hindu marriages by SA law in court today

Marriages under Hindu rites are not recognized under the South African law of inheritance. The Durban High Court has reserved judgment in an application challenging this position and argued before it today.

The facts

The case was launched by Mrs Govender, who was married to her husband in terms of Hindu rites in 2004. Her husband recently passed away and she could not inherit from his estate because he had not left a will and her marriage is not recognized in South African law. She launched an action in the High Court in Durban asking for her marriage to be recognized.

The argument

The Women's Legal Centre has joined the proceedings as a friend of the court and made submissions today that the failure to recognize Mrs Govender's marriage for the purposes of intestate succession violates her rights to equality in terms of the Constitution.

The Centre submitted that the Intestate Succession Act and the Maintenance of Surviving Spouses Act are unconstitutional as they exclude Mrs Govender and other spouses in Hindu marriages. The failure to recognize Hindu marriages discriminates against Mrs Govender on the grounds of gender and religion. The Centre argued that the adverse impact of the dissolution of marriage by death on women results in indirect discrimination on the basis of gender. This perpetuates the deterioration of women’s socio- economic status in society.

The Women's Legal Centre has previously won the right in the Constitutional Court for women in monogamous Muslim marriages to inherit. It was also was a friend of the Cape High Court in the recent decision allowing women in polygamous Muslim marriages to inherit in terms of the Maintenance Surviving Spouses Act and the Intestate Succession Act.

The matter was opposed by Mr Govender’s family and the executor in his estate.

Hoodah Abrahams-Fayker of the Women’s Legal Centre, the attorney handling the matter says, "We hope the High Court extends the victories in relation to Muslim marriages to Mrs Govender. This will mean that another group of women that has previously been excluded from the right to inherit where there is no will, will now be brought under the protection of the law in South Africa".

She adds that this case again shows the need for legislative reform. "This will be a more efficient, holistic and all encompassing approach than the situation where courts are being asked to recognize women's rights in a piece-meal fashion".

Contact :
Jennifer Williams, Director, WLS
021-421 1380
078-803 3110

Hoodah Abrahams-Fayker, Attorney, WLC
021-421 1380
072-252 033

Prepared by : FD Beachhead


Eastern Cape Division - http://wwwserver.law.wits.ac.za/echc/index.php ; http://www.saflii.org/za/cases/ZAECHC/

24 October 2008
CA& R 226/08 [2008] ZAECHC 178
S v King

26 October 2008
454/2005
Page v First National Bank and Another
A copy may be requested from our librarians : help@lawlibrary.co.za


Free State Provincial Division - www.uovs.ac.za/fac/law/highcourt/  ; http://www.saflii.org/za/cases/ZAFSHC/

30 October 2008
5597/2008
St Michael's School for Girls v Head of the Free State Education Department and Others
Not yet online

Suspended pupils : department loses again - 31 October
The Free State High Court has approved the suspension of a pupil of the St Michaels Girls' School in Bloemfontein. According to a Volksblad report, the court overruled a decision by the Department of Education not to suspend her. Apparently, the department had responded to the matter only 10 months after the school's recommendation, despite the legal requirement to do so within 14 days. Judge CB Cillié held that the school has reasonable grounds to suspend the pupil after she caused damage of R228 000 to school property in 2006. - Legalbrief website

14 October 2008
1016/2007
Karsten v Road Accident Fund

Not yet online

Candidate attorney wins R5m from RAF - 27 October
A Bloemfontein candidate attorney, Seugnet Karsten, has successfully claimed more than R5m from the Road Accident Fund after being paralysed in an accident. - Legalbrief website


Natal Provincial Division http://www.saflii.org/za/cases/ZAKZHC/ 

28 October 2008
6656/08 [2008] ZAKZHC 82
Barloworld Equipment (Pty) Ltd v Zed Quarrying (Pty) Ltd and Another


Transvaal Provincial Division - http://www.saflii.org/za/cases/ZAGPHC/

30 October 2008
11190/99 [2008] ZAGPHC 338
Gore NO v Minister of Finance and Others

23 October 2008
34537/07 [2008] ZAGPHC 336
Ndhlovu v Minister of Safety and Security

Minimum sentences for child offenders ruled unconstitutional - 5 November
The law currently provides that young offenders who are 16 or 17 years of age must be sentenced according to the minimum sentences law when they are convicted of very serious crimes. The application to have minimum sentences declared unconstitutional - insofar as they affect children - was brought by the Centre for Child Law at the University of Pretoria. In her judgment, Acting Judge Sulette Potterill declared the offending sections to be unconstitutional. The judgment will be referred to the Constitutional Court for ratification. - Legalbrief website

High court ruling welcomed - 1 November
The Communications Users Association of South Africa (CUASA) welcomed yesterday's decision by Acting High Court Judge Davis against Communications Minister Ivy Matsepe-Casaburri's application for leave to appeal the 29 August judgment handed down in favour of Altech Autopage's High Court Application. "This hopefully finally clears up the meaning of the unclear Ministerial Determinations of 2004, to confirm that VANS can indeed, self provide," said CUASA in a press statement. - my broadband website

Communications Minister loses Altech appeal - 31 October
The Minister of Communications, Dr Ivy Matsepe-Casaburri's, application for Leave to Appeal against the August 29 Altech Autopage Cellular judgement, has been successfully opposed, telecommunications technology company Altech has reported. Altech on Friday reported that acting judge Norman Davis had heard the arguments from the Minister and the opposing arguments from Altech on October 30 and October 31. "[He] delivered his decision that the Minister's application for Leave to Appeal would be refused on all points, with costs," the company stated. - Creamer Media's Engineering News website

Court postpones ANC's name dispute - 31 October
The South African National Convention will proceed tomorrow as planned after a court postponed an urgent interdict brought by the ANC to prevent the breakaway faction using the name. Former Gauteng premier Mbhazima Shilowa vowed to press ahead with the gathering after Pretoria High Court Judge Eberhardt Bertelsmann, postponed the application to Thursday so that the Independent Electoral Commission can contribute to the proceedings. The ANC filed the urgent application this evening to "prevent the use of names or designations that may be confusingly similar to the name and trademark of the ANC". The application, according to ANC spokesman Jessie Duarte, referred "specifically to the names South Africa National Congress and/or South Africa National Convention and/or SANC". - The Times website

See also : Politics below

Costly end to pupils' prank - 30 October
Three schoolboys who distributed an offensive manipulated photo of their vice-principal have been ordered to pay him R45 000 in damages. Dr Louis Dey, a former vice-principal at the school, claimed damages for the alleged harm to his dignity after Hennie le Roux, 18, Christiaan Gildenhuys, 19, and Reinhard Janse van Rensburg, 19, distributed a manipulated picture of two naked, masturbating men with the faces of Dey and the school's principal, Dr Christo Becker, pasted on to it. Pretoria High Court judge Ben du Plessis ordered the three to pay the damages to Dey and said although the photo was clearly the result of amateurish manipulation, it had exceeded the bounds of a joke. - Dispatch Online website


Regional Courts

Durban

Star witness too scared to testify - 5 November
The prosecutor who blew the whistle on a R300 000 corruption scandal says he is too scared to testify against a former colleague charged with the crime. Terence Ncwane, who is in the witness protection programme, was willing to testify against former Pietermaritzburg control prosecutor Zandile Lorraine Radebe until last Friday, but "now we can only speculate as to what has happened", prosecutor Barend Groen told Durban Regional Court magistrate Sharon Marks on Tuesday. Radebe's trial is likely to be adjourned this morning (Wednesday) to give the state time to locate Ncwane to subpoena him. - IOL website

Magistrate put pressure on me, says accused - 4 November
A former Pietermaritzburg control prosecutor charged with having accepted a bribe to make a R50-million drug trial go away, claims she only got involved in the crime at the insistence of a Pietermaritzburg magistrate. Zandile Lorraine Radebe, who is facing the legislated minimum sentence of 15 years in jail if convicted, pleaded not guilty on Monday to four counts of corruption. It is alleged that she was offered, and had accepted, a bribe of R150 000 and the possibility of a magistrate's post if she were to ensure that one of three drug dealers in the trial walked free. - IOL website

Germiston

A pawn to pin Selebi? - 4 November
The truck driver who blew the whistle on an international drug-smuggling ring with major tentacles in South Africa has finally told his side of the story. Anthony Dormehl was called this week by the Scorpions to testify against alleged drug-dealer Stefanos Paparas, his father, Dimitrio, and their transport man, Stanley Poonin, in the Germiston Regional Court in a trial closely related to proceedings against police National Commissioner Jackie Selebi. Dormehl was one of the Scorpions' main whistleblowers in their Operation Bad Guys investigation. - Mail & Guardian website
Keyphrase :
Drug smuggling

Pietermaritzburg

Passenger describes fatal Christmas Eve bus crash - 3 November
A passenger in an SA Roadlink bus that crashed into the bridge opposite Liberty Midlands Mall on Christmas Eve in 2006, killing 12 people, described the horror accident in the Pietermaritzburg Regional Court yesterday. Isaac Mpitshe Baipone was testifying at the trial of bus driver, Charles William Vaudin, who has pleaded not guilty to 12 counts of culpable homicide. - Witness website


Commission for Conciliation Mediation and Arbitration - http://www.ccma.org.za/

Workers turn to CCMA after eviction - 30 October
About 14 families living and working on a farm in Philippi - Greyhill Flora in the Western Cape - face an uncertain future after the farm was sold by the owner. The workers, who have lived on the farm for many years, said they were told in June that the farm had been sold by owner Anton Horstmann. They said they were offered money according to the years they had worked on the farm, starting from R1 000. Community leader Abe Fransman said the farm owner told the workers to hand over the keys to their homes in return for the money. Union official Sebastian Julie said the farm owner did not follow the law in terms of the Extension on the Security of Tenure Act.  - allAfrica website


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

Ansac settles long-running cartel case with R9,7m fine - 4 November
A nine-year legal saga came to an end on Tuesday, when a group of US soda ash producers admitted to fixing prices, and agreed to pay an administrative penalty. The American Natural Soda Ash Corporation (Ansac) agreed to pay a R9,7-million fine in the settlement, which the Competition Commission said represented 8% of the soda ash annual turnover in South Africa. Ansac also undertook to stop export soda ash - used in the manufacturing of glass - to South Africa and agreed to amend its membership agreement to allow its members to negotiate and contract directly with South African consumers. - Creamer Media's Engineering News website


SA Human Rights Commission - http://www.sahrc.org.za/

Angloplat's actions 'adversely affected' communities : SAHRC - 4 November
An investigation by the South African Human Rights Commission (SAHRC) into the relocation of communities surrounding Anglo Platinum's (Angloplat's) Potgietersrust Platinum Limited (PPL), in the Limpopo province, found that mining operations had indeed "adversely affected" the communities. - Creamer Media's Mining Weekly website

AngloPlat gets damning report from the SAHRC - 4 November
The South African Human Rights Commission (SAHRC) says there has been a complete breakdown of trust between mining giant Anglo Platinum and poor communities in Limpopo who had to be relocated from their ancestral lands. The people had to be moved to make way for an expanded mining operation at Anglo's Potgietersrust Platinum Limited Mine near Mokopane. - SABC News website

See :
Report on mining-related observations and recommendations_Anglo Platinum, affected communities and other stakeholders in and around the PPL mine, Limpopo


   Government and Legislation

Parliamentary Monitoring Group - http://www.pmg.org.za/
Please note that you may be required to be a subscriber to access certain Committee reports

Interesting Documents and New Bills

Committee Minutes

Correctional Services Committee

21 October 2008
National Commissioner's briefing on personnel in Department of Correctional Services

Education Committee

21 October 2008
South African Qualifications Authority, Council for Quality Assurance in General & Further Education and Training and Education Labour Relations Council Annual Reports : hearings

Environmental Affairs and Tourism Committee

22 October 2008
National Environmental Management : Integrated Coastal Management and Waste Bills : adoption of NCOP amendments

Finance Committee

24 October 2008
Medium Term Budget Policy Statement : public comments and submissions

22 October 2008
Minister and Department's briefing on MTBPS & adoption of Adjustments Appropriation Bill, Revenue Laws Amendment Bill, Revenue Laws Second Amendment Bill, Finance Bill, Eskom Subordinated Loan Special Appropriations Bill and Government Employees Pension Fund Bill

Foreign Affairs Committee

24 October 2008
Western Sahara Delegation briefing

22 October 2008
Department of Foreign Affairs Annual Report 2007/8

Home Affairs Committee

22 October 2008
Department of Home Affairs Annual Report 2007/08

Private Members' Legislative Proposals Committee

22 October 2008
Spies's Legislative Proposal to amend Employment Equity Act, Lowe's Legislative Proposal to Amend Labour Relations Act, Selfe's Legislative Proposal to expunge criminal records related to Apartheid Laws, Bekker's Legislative Proposal to amend Protection

Public Accounts Committee

21 October 2008
Arms Deal : SCOPA Access to Confidential Strategic Defence Package Documents

Public Enterprises Committee

23 October 2008
Committee Reports : Alexkor & Safcol Study Visits

21 October 2008
Department of Public Enterprises Annual Report 2007/2008

Public Service and Administration Committee

24 October 2008
Election of new Public Service and Administration Chairperson

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

Science and Technology Committee

24 October 2008
Intellectual Property Rights from Publicly Financed Research and Development Bill : adoption of NCOP Amendments

Sport and Recreation Committee

22 October 2008
Provincial Expenditure Patterns for Conditional Grants for Sport

21 October 2008
Minister Input on Springbok Emblem, Sports Indaba, Olympics, Sport and Recreation SA Annual Report 2007/08

Transport Committee

22 October 2008
Civil Aviation Bill : deliberations

Water Affairs and Forestry Committee

24 October 2008
Department, Trans-Caledon Tunnel Authority and Water Research Commission Annual Report presentations and Implementation Review of National Water Act

22 October 2008
National Water Act Implementation Review : public hearings

21 October 2008
Water Affairs amd Forestry Five-Year and Annual Review on implementation

NCOP Committees

Economic Affairs Committee

22 October 2008
Mine Health and Safety Amendment Bill : Department’s briefing and adoption

Education Committee

22 October 2008
National Qualifications Framework Bill ; General and Further Education and Training Quality Assurance Amendment Bill and Higher Education Amendment Bill : Final Mandates and finalisation

Finance Committee

28 October 2008
Financial Management of Parliament Bill : workshop

24 October 2008
Provincial Treasuries and Department of Provincial and Local Government progress reports around municipalities discussed in 2008 hearings

22 October 2008
Financial Management of Parliament Bill

Land and Environmental Affairs Committee

21 October 2008
National Environmental Management Amendment Bill and Provision of Land and Assistance Amendment Bill : adoption

Public Services Committee

22 October 2008
National Railway Safety Amendment Bill : Final Mandates and adoption and Built Environment Professions Bill : Department of Public Works briefing

Social Services Committee

22 October 2008
Medicines and Related Substances Amendment Bill : finalisation

21 October 2008
Prevention of and Treatment for Substance Abuse Bill : Final Mandates and adoption ; Public Medicines and Related Substances Amendment Bill : public submissions and deliberations

Joint Committees

Budget Committee

29 October 2008
Medium Term Budget Statement briefings by : Department of Housing, Land Affairs, Agriculture and Water Affairs and Forestry

28 October 2008
Medium Term Budget Policy Statement : Departmental hearings : Education, Health, Housing and Transport

Constitutional Review Committee

24 October 2008
Review of public submissions by Constitutional Review Committee

Defence Committee

24 October 2008
Protection of Civilians during Peacekeeping Operations : ACP/EU Draft ; Employment of SANDF under Section 201 of Constitution : Legal Opinion

Monitoring Improvement of Quality of Life and Status of Women Committee

24 October 2008
Traditional Courts Bill : Committee Report and submission : National Gender Machinery Meeting, nomination of Deputy Chairperson of Committee


Legislation

Built Environment Professionals Bill

Keyphrases :
Council for the Built Environment
Engineering Council of South Africa
South African Council for the Architectural Profession
South African Council for the Landscape Architectural Profession
South African Council for the Project and Construction Management Professions
South African Council for the Property Valuers Profession
South African Council for the Quantity Surveying Profession

Registration could spark skills exodus - 5 November
If legislation to lower the current registration  standards for South African engineers is passed, it could lead to an exodus of professional skills. And given the country's shortage of engineers and the massive global demand for engineering talent, this could be a disaster. - Cape Business News website

NCOP to decide next week on Professions Bill public hearings - 3 November
The National Council of Provinces' (NCOP's) Select Committee on Public Services will decide next week whether or not it would host further public hearings into the contentious Built Environment Professions Bill. The Bill, which has already been approved for adoption by the National Assembly's Portfolio Committee on Public Works, proposes the consolidation of the six existing professional councils into a new South African Council for the Built Environment (SACBE). - Creamer Media's Engineering News website

Think again about licensing - 29 October
The Cape Town Regional Chamber of Commerce and Industry says the Government must think again about its new plans to licence engineers, architects and other professionals working in the "built environment". In terms of a Bill that will go before the Council of Provinces next month a "super council" run by the Minister of Public Works would make the licensing decisions.  Gerald Wolman, President of the Chamber said the country was just starting one of the biggest infrastructure development programmes in its history and this was not the time to introduce a new system that could erode the standard and the value of technical qualifications. - Cape Business News website

Architects urged to be active in new built environment Bill process - 29 October
Architectural professionals were urged to play a more rigorous and proactive role in the process of the new, and somewhat controversial, Built Environment Professionals Bill, which proposed the establishment of a 'super-council', namely the South African Council for Built Environment (SACBE). South African Council for the Architectural Profession (Sacap) registrar Dorothy Brislin addressed delegates at the biennial South African Institute of Architects convention on Wednesday. - Creamer Media's Engineering News website


   Useful Links and Items of Interest

Legal Profession

South Africa

Lawyers give back through pro bono work - 2 November
Assisting all South Africans access justice is part of the ethos, writes David Jackson. Most lawyers spend much of their time representing JSE top 100 companies, multinationals and public sector entities, rather than using their skills to assist the poor and advance human rights. Furthermore, says Claire Tucker, partner and pro bono committee member with Bowman Gilfillan : "We don't think it is enough to have a single department or lawyer that 'does' pro bono or free work on behalf of the firm. Rather we believe that it is both a desire and an obligation of all our lawyers - from partners to candidate attorneys - to give something back to the community and to assist all South Africans in accessing justice". - The Times website

Canada

Law Society to launch 'know your client' requirements at year-end - 30 October
The Law Society of Upper Canada is launching new client identification and verification requirements on December 31, 2008, to help lawyers and paralegals identify potential fraudulent client activities.  The 'know your client' requirements, adopted in April 2008, were originally slated to come into force October 31, 2008, but will now become effective at year-end to give lawyers and paralegals more time to prepare for compliance. Other law societies across the country are implementing similar requirements. - CNW Group website

Incompetent defence lawyer disrupts trial with 007 fantasies - 4 November
A veteran Vancouver criminal lawyer disciplined for incompetence earlier this year by the BC Law Society is back in the courtroom disrupting proceedings with James Bond fantasies. In an unquestionably odd hearing in provincial court scant weeks after he was allowed to practise again, Sheldon Goldberg refused to cross-examine a police officer, one of only two witnesses in the case, saying he feared for his life because the officer wore his holstered service firearm. Goldberg explained that he had been reading Ian Fleming and come to the conclusion that any cop on the drug squad with a gun probably thought he was the personification of legendary British agent 007 with a licence to kill. The law society says it is aware of Goldberg's most recent bizarre behaviour and it was under review. - Vancouver Sun website

Ireland

Property crash puts future of law firms in doubt - 30 October
The future of many Northern Ireland law firms could be in doubt after a dramatic slump in conveyancing work. One firm has already been declared bankrupt and staff at others have been laid off or taken pay cuts. The Law Society, the regulatory body for solicitors, revealed that conveyancing work had dropped by two thirds in just six months following the collapse of the residential property market. Society president Donald Eakin said more lawyers could lose their jobs before the situation improves. - Belfast Telegraph website

Swaziland

Law Society warns of fake law firm letterheads - [5 November]
The Law Society of Swaziland has warned of certain persons who are using stationery similar to that of registered law firms to defraud unsuspecting members of the public to induce them by various means under the guise of official documents, court orders or notices. - The Swazi Observer website

United Kingdom

Law could become the preserve of privileged few once more, says Bar - 1 November
Cuts in funding for the courts or legal aid fees risk damaging the diversity of the legal profession, the courts and the judiciary, according to the Bar chairman. Tim Dutton, QC, who leads the 15 000-strong barristers' profession in England and Wales, will give warning at the Bar's annual conference in London today that the cash crisis could turn back the clock to the days when the legal profession was for the privileged. - Times Online website

LawSoc vote rejects changes to membership model - 28 October
Proposed changes to the Law Society's membership model have been rejected after a vote which saw just a 13% turnout. The changes to the charter amendments would have given the society's council new powers to deliver products and services to non-members, enabled non-solicitors to have a relationship with the society, created categories of professional distinction for solicitors, as well as offering clarification for the basis for the student membership. Postal ballots were sent out to 138 131 members at the beginning of October, with a deadline for return set for 24 October. Just over 17 600 votes were cast, with roughly 40% in favour and 60% against the proposed changes. - LegalWeek website

Zimbabwe

Lawyers clash over fees - 30 October
The Law Society of Zimbabwe (LSZ) is on a collision course with its members as it is demanding top-up fees running into trillions of dollars from each lawyer. According to a circular dated 23 September, the deadline for payment of fees was 6 October. However, the lawyers are resisting.  "Please note that the Society will not accept fuel from members. Members, who fail to pay risk the withdrawal or non-renewal of their practising certificates," reads the circular signed by Mr Stephen Murambatsvina on behalf of the Executive Secretary of the Society, a Mr E Mapara. - Chronicle website


South Africa

Banking

Now Nedbank cuts back on mortgage finance - again - 5 November
As Nedbank chief executive Tom Boardman moved to reassure the markets that the bank was not in trouble this week, his home loans department was telling mortgage originators that it was tightening up lending criteria - again. - Realestateweb website

Nedbank trading update : Tom Boardman – CEO, Nedbank - 4 November
Interview with Alec Hogg. - Moneyweb website

Nedbank's growth slows in Q3 - 4 November
South Africa’s Nedbank Group said yesterday that earnings growth slowed in the third quarter and forecast full-year basic earnings to be slightly higher than the previous year. Its credit loss ratio deteriorated to 1,02% from 0,96% in June, and it said it expects to remain above a target range of 0,55-0,85% in 2008 and 2009. - The Witness website

Communications

SABC did not treat us fairly, complains the ANC - 4 November
The ANC has laid a complaint with the Independent Communications Authority of South Africa (Icasa), over what it perceives as biased coverage by the SABC of the weekend's national convention in Johannesburg. ANC's Parliamentary Portfolio Committee for Communications, Khotso Khumalo, said they will also take the matter up with the SABC board and management. "Where you give coverage to parties, you must give all parties treatment proportionally. The problem is that the SABC covered the entire . . . convention and in the news on Friday and Saturday, but on Sunday when the ANC had a rally, they covered that for 10 minutes, then cut it off". - Dispatch Online website

SABC at receiving end - 4 November
The SABC came in for stick from various quarters on Tuesday, including the ANC, for alleged political bias in its news coverage. United Democratic Movement leader Bantu Holomisa complained to the Independent Communications Authority of SA (Icasa) about the SABC being "a serial offender when it comes to bias in favour of the ANC". - IOL website

Independent Communications Authority of South Africa (ICASA)

Sport broadcasting rights Regulations : where to from now? - 29 October
The publication in the Government Gazette of the document discussion on the review of sports broadcasting rights regulations by the Independent Communications Authority of South Africa (ICASA) has generated a lot of talking points, anxiety and fears among advertisers, marketers and some broadcasters. The feeling among the industry watchers is that the Government is trying to nationalise the sports broadcasting rights, an extremely lucrative business that pitted the SABC against SuperSport over the Premier Soccer League (PSL) broadcasting deal last year, and which many believe was one of the main reasons that paved the way for CEO Dali Mpofu to lose his job. - allAfrica website

Courts

Justice minister is taken on tour of 'disgraceful' high court - 5 November
Justice Minister Enver Surty was taken on a tour of the Johannesburg High Court yesterday by Deputy Judge President Phineas Mojapelo. Surty said the Johannesburg High Court was the busiest court in the country, with the highest work load. He said while there were long-term projects to overhaul the courts, certain things could be done immediately, such as sorting out the security and air-conditioning. Surty said 18 new judicial posts had been created for the Transvaal Provincial Division - with nine new judges to go to the Johannesburg High Court and nine to the Pretoria High Court. - Business Day website

Govt to promote use of indigenous languages in courts - 31 October
Government has embarked on a campaign to promote the use of indigenous languages in the country's courts. Involving selected Magisterial Courts in all nine provinces, the Department of Justice and Constitutional Development is piloting an initiative which will see the dominant language of that province being utilised in the courts. This will enable people who can not speak or understand English well to gain equal access to justice, by making it more accessible and understandable to ordinary citizens with particular focus on the poor and vulnerable. - allAfrica website

Art and Justice book launch
This magnificent new book celebrates and documents the artworks integrated into and collected for the Constitutional Court of South Africa. The book pays tribute to the extraordinary vision of the architects and judges of the Court who sought to bring together, in the most inspiring, innovative and dignified way possible, art and the workings of justice, and to give a public soul to the new Court building. Art and Justice : the art of the Constitutional Court of South Africa, designed by Ellen Papciak-Rose and featuring photography by Ben Law-Viljoen, is a companion volume to Light on a Hill : building the Constitutional Court of South Africa. - Artzone website

Environment

Noise ruling on new Durban airport - 30 October
The Airports Company of South Africa might have to soundproof houses or relocate families living in the vicinity of the new international airport north of Durban if noise levels are excessively high once the airport is in operation. This ruling by environment minister Marthinus van Schalkwyk comes after 10 appeals against his department's decision to grant environmental authorisation for the construction of the King Shaka International Airport. - IOL website

Finance

Manuel warns against policy shift - 28 October
South Africa's Finance Minister Trevor Manuel has warned against adopting leftist policies after next year's elections and said the current global turmoil had introduced vulnerabilities to the economy. "We need to disabuse people of the notion that we will have a mighty powerful developmental state capable of planning and creating all manner of employment," he told the Financial Times in an interview published on Tuesday. - Creamer Media's Engineering News website

Human Rights

Human rights still issue for South Africa - 4 November
Human rights can be as simple as not going hungry, said a South African lawyer who spoke at the West campus Monday. The lecture, "The right to food in South Africa : giving substance to socioeconomic rights", was given by University of KwaZulu-Natal professor Dave Holness. Holness works at the university as the director of the Campus Law Clinic and also serves as an attorney for the High Court of South Africa. The professor's seminar focused on giving what he called a bird's eye view of the struggling socioeconomic situation in South Africa. - ASU Web Devil website [The State Press and Arizona State University]

Judiciary

In defence of Judge Carole Lewis - 4 November
Anthea Jeffrey writes that the BLA's complaint to the JSC is a threat to democratic principle. The complaints laid against Judge Carole Lewis for her comments on the state of the judiciary at a South African Institute of Race Relations breakfast briefing earlier this month threaten many of the principles underpinning our democracy. - politicsweb website

Hlophe warns of 'arrogant' judges - 30 October
Western Cape Judge President John Hlophe wants to appeal to the highest court in the land - but there could well be no one there to hear it. Constitutional Court judges are embroiled in a legal battle against him and cannot be judges in their own case. Hlophe on Friday filed papers in the Johannesburg High Court opposing an application by 11 Constitutional Court judges and two acting judges for leave to appeal to the Supreme Court of Appeal. - IOL website

Land Affairs and Property

Gauteng : mass action against evictions and the demand for free basic service delivery - 30 October
The challenges that are facing the poor are immense and the gap between the rich and poor is widening. It is common knowledge that South Africa is one of the most unequal societies in world where more than 50% of the population live below poverty line. The residents are demanding decent houses for all and that there must a moratorium on evictions in the country. The Metro Police together with ESKOM have been roaming informal settlements and disconnecting people from electricity. People connect electricity illegally because 30% of South Africans don't have access to electricity due to government's failure. Why is it that people are still using the bucket system in a so-called "World Class City" like Johannesburg where many residents have no toilets and access to water? - anarkismo website

Development

R55bn KZN project hangs fire until the property is secured  - 5 November
The R55 billion Amazulu World leisure and residential development proposed for the KwaZulu-Natal north coast hinges on the developer, United Arab Emirates' Ruwaad, securing the 16 500ha site in the next few months. Nicholas Bashkiroff, the chief development officer for Ruwaad, said yesterday : "The big thing for us is that the agreements [with the community and the government] are in place. We believe it is possible, but if the agreements do not materialise in the coming months we will have to re-evaluate the project". Ruwaad would look at other options for this development in South Africa or elsewhere on the continent, he said. - Business Report website

Non-residential is now slowing too - 4 November
While the slow-down in building activity in the residential sector has been expected, recent statistics for non-residential property have surprisingly shown that this sector is also now beginning to weaken. According to property economists Rode & Associates, there has in particular been a slow-down in building plans being passed for the development of office and industrial properties - the two boom sectors - whereas the stagnant retail sector still sees lots of developments in the pipeline. - Cape Business News website

SA property development goes green - 4 November
Chief Executive of the South African Green Building Council, Nicola Douglas, says the environmental rating tool for buildings is meant to inspire property developers to be environmentally friendly. Douglas was speaking at the launch of the rating tool "Greenstar South Africa", in Cape Town yesterday. The tool has been inspired by countries such as the United States (US) and Australia. - SABC News website

SA's first green building rating tool launched in Cape Town - 3 November
South Africa's first voluntary green building rating tool, the Green Star SA – Office version one, was officially launched by the Green Building Council of South Africa (GBCSA) in Cape Town on Monday. Addressing delegates at the first annual GBCSA convention and exhibition in Cape Town, GBCSA executive chairperson Bruce Kerswill explained that the new Green Star SA rating tool aimed to assess the environmental attributes of new commercial office buildings as well as major base building refurbishments of existing office facilities across South Africa. - Creamer Media's Engineering News website

Land Reform and Restitution

Setting the standard - 31 October
The first successful forestry land claim in SA, affecting more than 2 000 people, has been settled. It paves the way for a quicker resolution to 739 outstanding forestry claims. Paper and packaging group Mondi has signed a deal with two rural communities in Kranskop, KwaZulu Natal (KZN) - giving them ownership of 3 933 ha of timber plantations - after four years of negotiation. "Communities have been frustrated by the lack of process," says Mondi CE David Hathorn. This deal is the first in a series that Mondi hopes to clinch, using Kranskop as a blueprint. About 48% of Mondi's 350 000 ha of forestry, in KZN, Mpumalanga and Limpopo, is under claim. - Financial Mail website

Property Law

KZN municipality gets tough on 'bad buildings' - 3 November
The eThekwini Municipality is cracking down on 'bad buildings', which owe millions of rands in outstanding rates and service charges, by placing them under judicial administration. A report in The Mercury says in a series of court applications that began last week, it has or intends to place the bodies corporate of 28 sectional-title buildings - deemed to be in 'financial distress' - under the care of an administrator who will have to report back to the court within three years. - Legalbrief website

Traditional leaders against property rates tax - 31 October
According to the national House of Traditional Leaders, South Africa's government must immediately halt the implementation of the property rates tax. The leaders were addressing Deputy President Baleka Mbete at the National House's lekgotla held in Tshwane. - SABC News website

Minerals and Energy

SAHRC to release long-awaited Angloplat report - 3 November
The South African Human Rights Commission (SAHRC) will on Tuesday release its long-awaited report on alleged human rights abuses that platinum giant Anglo Platinum (Angloplat) was accused of earlier in the year, relating to the company’s relocation programme at its Potgietersrust operations in Limpopo province. The investigations were completed in August, and the report was expected to be released by the end of August. Prior to that, the SAHRC had said it aimed at releasing the report around the end of July. - Creamer Media's Mining Weekly website

Name Changes

PE to lose its name? - 3 November
Port Elizabeth, Grahamstown and East London are among 60 other places which, if the ruling party has its way, will change their names to something less colonial in good time for the Soccer World Cup in 2010. - iafrica website

Politics

Split in the ANC : Professor Lawrence Schlemmer – political analyst - 4 November
Professor Schlemmer, let's go back to the research you did earlier this year. It was having a look at the election next year, and really the conclusions were the ANC would have a very good majority, round about 70% of the vote - with the DA consolidating its gain to about 20% and the other parties not really shaping that well. Looking ahead to 2014 is a different story, and we'll talk about that later. But what happened over the weekend and the establishment of the new party - how much is that going to change the political dynamics next year? Interview with Alec Hogg. - Moneyweb website

Breakaway's statement on adoption of name "SADEC" - 3 November
South African Democratic Congress is South Africa's new political force. The steering committee of the weekend's national convention agreed, at its Sunday meeting, on two major issues as mandated by delegates attending the convention : the name and identity of the new formation and the structure of the interim leadership to lead the process toward the launch of the political formation. - politicsweb website

Name muddle of SA breakaway party - 3 November
The registration of a breakaway party in South Africa has been delayed after the movement found that its proposed name was already taken. - BBC News website

New 'Sadec' party name already taken - 4 November
Former defence minister Mosiuoa Lekota was yesterday named as the interim chairman of the new political party of the ANC dissidents. But the announcement was marred by reports that the new party, provisionally called the SA Democratic Congress (Sadec), might find it difficult to register with the Independent Electoral Commission - because the name belongs to another political party. The party chose the name after the ANC last week asked the Pretoria High Court for an interdict that would prevent Lekota and Shilowa from naming their party the SA National Congress, SA National Convention or SANC. The ruling party yesterday said it had no objection to the name Sadec, but would withdraw its high court application only after receiving formal confirmation from the new party about its name. - The Times website

See also : Court postpones ANC's name dispute above

Taxation

King size tax troubles - 4 November
Summit TV speaks to Dave King about his eight year dispute with the tax man giving his side of the story. - Business Day website

Sars responds to King - 4 November
The South African Revenue Service (Sars) is mandated by law to collect all taxes due to the fiscus from all eligible South African taxpayers in the right amount and at the right time. - moneywebtax website

See also :

Transvaal Provincial Division
24 April 2008
CC257/2005 [2008] ZAGPHC 118
Director of Public Prosecutions v King
[InfoUpdate no.18 of 2008]

E-mails back Sars case against King - 9 June 2008
allAfrica website. [InfoUpdate no.18 of 2008]

King loses appeal bid to stop Sars seizing assets - 3 June 2008
allAfrica website. [InfoUpdate no.18 of 2008]

King says he owns assets - 30 May 2008
allAfrica website. [InfoUpdate no.18 of 2008]

King fails to delay SARS lawsuit - 30 May 2008
allAfrica website. [InfoUpdate no.18 of 2008]

SARS looks abroad for King's fortune - 12 March 2008
allAfrica website. [InfoUpdate no.11 of 2008]

King loses another round with taxman - 3 March 2008
Business Report website. [InfoUpdate no.10 of 2008]

Court dismisses King's appeal over jet - 30 November 2007
allAfrica website. [InfoUpdate no.38 of 2007]

King lawyer says State 'abused court process' - 5 October 2006
allAfrica website. [InfoUpdate no.38 of 2006]

Stalemate at King hearing - 19 September 2006
Citizen website. [InfoUpdate no.36 of 2008]

Court awaits next move in Dave King's tax battle - 18 September 2006
Business Report website. [InfoUpdate no.36 of 2008]

'No funds', but King still co-owns Gary Player stud farm - 11 September 2006
Moneyweb website. [InfoUpdate no.35 of 2006]

Dave King's lifestyle says it all : state - 5 September 2006
Moneyweb website. [InfoUpdate no.34 of 2006]

Sars has made me look like a crook : King - 12 August 2006
IOL website. [InfoUpdate no.31 of 2006]

Sort out money for King's defence, Judge tells lawyers - 10 August
allAfrica website. [InfoUpdate no.31 of 2006]

King's assets must be seized, court hears - 4 August 2006
Business Day website. [InfoUpdate no.29 of 2006]

Evidence to convict King : counsel - 4 August 2006
The Citizen website. [InfoUpdate no.29 of 2006]

Billionaire lied to taxman, says State - 2006
IOL website. [InfoUpdate no.29 of 2006]

King spent R68m on lawyers, state says - 3 August 2006
Business Day website. [InfoUpdate no.29 of 2006]

State lashes out as tycoon pleads poverty - 3 August 2006
IOL website. [InfoUpdate no.29 of 2006]

Prosecutors try to force King trial to proceed - 2 August 2006
Business Day website. [InfoUpdate no.29 of 2006]

Tycoon's R1 billion frozen by foreign court - 31 July 2006
allAfrica website. [InfoUpdate no.29 of 2006]

Tycoon charged with 322 offences - 1 August 2006
IOL website. [InfoUpdate no.29 of 2006]

The Dave King saga - 31 July 2006
iAfrica website. [InfoUpdate no.29 of 2006]

Blow for Dave King - 3 April 2006
Moneyweb website. [InfoUpdate no.14 of 2006]

SCA rules in SARS' favour - 2 April 2006
SARS website. [InfoUpdate no.14 of 2006]

Supreme Court of Appeal
31 March 2006
379/2005
Commissioner for the South African Revenue Service v Hawker Air Services (Pty) Ltd [2006] SCA 55 (RSA)
[InfoUpdate no.14 of 2006]

Supreme Court of Appeal
1 October 2004
427/03 ; 438/03
Metlika v CSARS
[InfoUpdate no.35 of 2004]

King, SARS claim victory in warm up round - 3 September 2002
[InfoUpdate no.23 of 2002]

Trade and Industry

Developing countries warn against WTO sector deals - 4 November
A group of major developing countries has denounced efforts to promote deals eliminating tariffs in some individual industrial sectors as contrary to the spirit of the World Trade Organisation's (WTO) Doha round. The statement from the NAMA-11 group, which includes Argentina, Brazil, India and South Africa, shows that the sectoral discussions remain a major stumbling block in the Doha talks, as sector deals are a US priority. - Creamer Media's Engineering News website

Tonnage tax seen as key to unlocking SA ship-register growth - 30 October
South Africa's shipping industry held "exciting opportunities", despite facing a number of challenges, Industrial Development Corporation (IDC) CEO Geoffrey Qhena said on Thursday. Speaking at a function in Johannnesburg, Qhena noted that government had recognised the importance of developing the sector, particularly given that about 90% of South Africa's trade was sea-borne. South Africa was also an important gateway in stimulating trade in neighbouring African countries through its ports, Qhena said in remarks to an IDC-hosted a discussion forum on the shipping-industry opportunities. - Creamer Media's Engineering News website

DTI says it is moving ahead with scrap export-tariff study - 30 October
The Department of Trade and Industry (DTI) has refuted reports, including one carried on Engineering News Online, that it had agreed to postpone its processes surrounding the possible introduction of export tariffs on ferrous and nonferrous scrap metal until an independent probe had been finalised. Government was advancing investigations into possible measures to retain scrap in South Africa for domestic conversion into value added products. South Africa is one of the few advanced emerging markets still to be a net exporter of this increasingly sought-after and energy efficient resource. - Creamer Media's Engineering News website

Import tariffs on food in line for comeback - 30 October
The department of agriculture and land affairs and the department of trade and industry were studying the possibility of increasing some import tariffs to protect local farmers in this time of global financial crisis, agriculture director-general Njabulo Nduli said yesterday. Nduli confirmed that Southern African Development Community governments were discussing the possibility of building strategic grain stockpiles to boost regional food security. - Business Report website


Africa

Environment

The ethics of ethanol - 29 October
A few weeks ago I was in Mozambique for a conference that brought together NGOs, small-scale farmers, agricultural associations, and local media to discuss the impact of biofuel production in southern Africa. While the United States and other Western countries mandate ethanol quotas to supposedly reduce their consumption of fossil fuels, many farmers in Africa are questioning the reasons and implications for such programs. As the only American at the conference, I was continually asked about the real reasons behind America's ethanol push and the truth about biofuels and greenhouse gas emissions. Most strikingly they wondered if the United States had considered trying to reduce its overall consumption of oil rather than simply trying to replace it with something else. - Grist Mill website

Swaziland

I'm coming to get my property back! - 2 November
Former Sugar Tycoon Dumisa Dlamini can now afford to smile. The South African based Dlamini is now waiting for a call informing him that his farms in South Africa have been restored to him officially - after years of fighting a court ruling that reduced him from the status of multi millionaire to an ordinary citizen. Currently, the Department of Land Affairs, the office of the Master of the High Court and the office of the Registrar of Deeds are exchanging correspondence that will speed up the process of giving him his farms. - Times of Swaziland website


United Kingdom

Judiciary

Should MPs interview new supreme court judges? - 4 November
One of Britain's most senior judges has conceded that there may be a US-style role for Parliament to question judges when the supreme court is up and running - because judges are increasingly active in creating law. In a controversial contribution to a panel debate on judicial activism, Lord Neuberger of Abbotsbury told the Bar Conference last weekend that "increased judicial activisim means increased media and political scrutiny of the more senior judges - at appointment and thereafter". - Times Online website


International

Environment

Current unsustainable lifestyle will cost : WWF report - 30 October
If humans sustain their current lifestyle, there will be no more land available in 20 years to produce the world's resources. This is according to the Living Planet Report for 2008 which is published every two years and has become widely accepted as an accurate statement of the earth's ability to retain its functionality integrity as a "living planet". CEO of World Wide Fund for Nature (WWF) South Africa, Dr Morne du Plessis said : "If we continue business as usual we will need two planets by 2030 to keep up with humanity's demand for goods and services". - BuaNews Online website

See report at http://assets.panda.org/downloads/living_planet_report_2008.pdf
index at
http://www.panda.org/news_facts/publications/living_planet_report/lpr_2008/index.cfm

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

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