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News
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
-
www.constitutionalcourt.org.za
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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
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Supreme Court of Appeal of South Africa
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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ANC president Jacob Zuma being withdrawn, for hearing on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
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Equality Courts
Durban
30 September 2008
77/2007 [2008] ZAKZHC 83
Nkosi v Vermaak
: Deputy Principal and Another
Keyphrase :
Durban High School Governing Body
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Labour Courts
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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
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Cape
Provincial Division
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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
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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
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Eastern
Cape Division
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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
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Free
State
Provincial Division
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www.uovs.ac.za/fac/law/highcourt/
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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
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Natal
Provincial Division
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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
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Transvaal
Provincial Division
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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
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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
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Commission
for Conciliation Mediation and Arbitration
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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
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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
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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
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Government
and Legislation
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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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
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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
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Useful
Links and Items of Interest
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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
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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
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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
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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
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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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