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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
;
http://www.saflii.org/za/cases/ZACC/
Forthcoming Hearings
17 February 2009
CCT80/08
Trustees for the time being of the Biowatch Trust v Registrar
Genetic Resources and Others
See also :
Transvaal Provincial Division
6 November 2007
A
831/2005 [2007] ZAGPHC 270
Trustees for the time being of The Biowatch Trust v Registrar
Genetic Resources and Others
20 November 2008
CCT65/08
Mamba and Others v Minister of Social Development and Others
See also :
Transvaal Provincial Division
12
August 2008
36573/08
Mamba and Others v Minister of Social Development
18 November 2008
CCT40/08
Moutse Demarcation Forum and Others v President of the Republic of
South Africa and Others
See also :
Community takes President Motlanthe to court - 28 October
Pretoria News website.
[InfoUpdate
no.29 - 29 October 2008]
13 November 2008
CCT64/08
Gcaba v Minister of Safety and Security NO and Others
Top judges dismiss Mbeki - 12 November
Eight Constitutional Court judges have ordered that it would "not be
in the interests of justice" to hear Mbeki's challenge to the
Pietermaritzburg High Court ruling that he claims cost him his job.
But, pointing out that the National Prosecuting Authority was itself
appealing against Judge Nicholson's ruling in the Supreme Court of
Appeal on November 28, Constitutional Court Deputy Judge President
Dikgang Moseneke and seven other judges on Tuesday dismissed the
former president's appeal application. But they left the door open
by saying it was not in the interests of justice for them to hear
his case "at this stage". - IOL
website
Mbeki to go to Supreme Court - 14 November
Former president Thabo Mbeki intends taking to the Supreme Court his
challenge against a judgment that inferred he politically meddled in
the NPA's investigation of ANC president Jacob Zuma, his
spokesperson said on Thursday. -
News24 website
Farmer must wait for Concourt ruling on his property in Zim - 12
November
The Constitutional Court postponed to February what was to be the
final leg of a Free State farmer's battle to make the government
help him protect his property and investments in Zimbabwe. Crawford
von Abo (75) had hoped that the court would confirm a Pretoria High
Court finding that the government had violated his constitutional
rights by not protecting him when he asked for diplomatic help.
Farms he owned and built up since the 1950s were confiscated without
compensation during the Zimbabwe government's land restitution
programme ; equipment was destroyed, game
and cattle slaughtered and at one point he was arrested for being on
one of his farms. -
Pretoria News website
Should SA have protected farmer in Zim? - 10 November
The Constitutional Court will hear argument on whether the South
African government should have provided diplomatic protection to a
South African citizen who had land taken away by the Zimbabwean
government, when it sits in Johannesburg on Tuesday. The Pretoria
High Court ruled in July that the government had failed to consider
and deal with Crawford von Abo's application for diplomatic
protection after his farms there were expropriated without
compensation and he was arrested with a warrant for being on one of
these farms. - IOL website
Attempt to overturn court's child rape ruling - 6 November
Justice bosses don't want to be ordered to protect South Africa's
child rape victims from the horror of facing their alleged abusers
in court. The justice department was to ask the Constitutional Court
today (Thursday) to overturn a Pretoria High Court ruling that
compels its officials to reduce the trauma suffered by child rape
victims when they testify against their accused rapists. High Court
Judge Eberhard Bertelsmann incurred the department's ire after he
found that the current law on the state's handling of child rape
cases, or cases involving child witnesses, was unconstitutional.
Judge Bertelsmann's ruling followed acting National Prosecuting
Authority (NPA) boss Mokotedi Mpshe's admission that intermediary
services were available to only 14 percent of child rape victims,
forcing 86 percent of children to face their accused rapists in
court. - IOL 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/
14 November
2008
719/2007 [2008] ZASCA 130
City of Cape Town v Reader
Interpretation of s 62 of the
Local Government
: Municipal Systems Act 32 of 2000 – the provision
does not afford an appeal to objectors to grant of planning
permission
Apartheid judge to rule on Zuma graft case? - 11 November
A judge accused of failing to properly investigate apartheid-era
hit squads is one of five mooted to decide the future of Jacob
Zuma's corruption prosecution. While the Supreme Court of Appeal (SCA)
is maintaining a stony silence about which of its judges will
decide whether Zuma's prosecution was invalid, it has been learnt
that the bench will be led by SCA Acting Deputy Judge President
Louis Harms. Judge Azar Cachalia, a former human rights lawyer and
State witness in Winnie Madikizela-Mandela's murder and kidnapping
trial, is also said to be on the as-yet-unconfirmed bench, as is
Judge Ian Farlam. Judges Nathan Ponnan and Mandisa Maya are also
understood to be hearing the State's appeal against
Pietermaritzburg High Court Judge Chris Nicholson's ruling. -
IOL website
Zuma legal fees secrecy - 13 November
Jacob Zuma doesn't have to show the state
attorney his bank balance to have his legal fees paid - he only
has to agree that, should he be convicted of the fraud, corruption
and racketeering charges that the National Prosecuting Authority (NPA)
hope to bring against him, he will pay the state back. In recent
court papers before the Supreme Court of Appeal, Zuma's
attorney, Michael Hulley, asked that a key court appearance by
Zuma be postponed to 2009 as the defence team had not been paid
for any work undertaken since 2006. -
The Citizen website
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Labour Courts
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http://www.saflii.org/za/cases/ZALC/
Cape Town
3 October 2008
C218/06 [2008] ZALC 132
Airey and Others v GE Security (Africa)
Johannesburg
31 October 2008
JS
436/06 [2008] ZALC 138
Brown v Afgri Producer Service (Division of Afgri Operation
Limited)
23 October 2008
JR
53/05 [2008] ZALC 137
National Commissioner of the South African Police Services and
Another v Cohen NO and Others
23 October 2008
JR
1281/06 [2008] ZALC 136
Solidarity on behalf
of Botha v Commission for
Conciliation, Mediation and Arbitration and Others
20 October 2008
JS
27/04 [2008] ZALC 135
Muller and Another v Yeshiva College
20 October 2008
JS
27/04 [2008] ZALC 134
Muller and Another v Yeshiva College
10 October 2008
JS
700/05 [2008] ZALC 133
Potgieter v National Commissioner of the South African Police
Services and Another
30 September 2008
JS
838/06 [2008] ZALC 131
Mutale v Lorcom Twenty Two CC
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Land
Claims Court of South Africa
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www.law.wits.ac.za/lcc/
22 May 2008
LCC16/2007 [2008] ZALCC 4
Afriblaze Leisure (Pty) Ltd and Others v Commission on
Restitution of Land Rights and Others
Applicants seek an order directing the 1st and 2nd Respondents
to issue a certificate in terms of the provisions of Section 14 of
the Restitution of Land
Rights Act No 22 1994 to the effect that the land claim
lodged on various farms in the district of Waterberg, Limpopo, by
the 3rd Respondent, cannot be resolved, and must be referred to be
heard by the Land Claims Court
25 March
2008
LCC
44/1999 [2008] ZALCC 3
Republic of South Africa and Another v Meinjies and Others
Mr Meintjies purchased two farms with the
intention of developing them into a game sanctuary for nature
conservation purposes. Mr Meintjies physically occupied the
property in or round about July 1971 and legal occupation was
given to him as from 30 September 1971. Subsequent to occupation
of the property by Mr Meintjies, but before registration of
transfer having been effected, The Government of the Republic of
South Africa (defendant in the main action and first applicant
herein) expropriated the property on 22 October 1971. The
expropriation was carried out in terms of section 13 (1) of the
Bantu Trust and Land Act
as amended, read with the
Expropriation Act
as amended. On 5 June 1972, the property was registered in the
name of the South African Bantu Trust. Mr Meintjies avers that
because of the expropriation, he was dispossessed of his right in
the said property, being the right to accept transfer of the
property upon payment of the purchase price and the right to
occupy the property including the right to proceed with the sale
of undivided shares in the property. Mr Meintjies avers that he
received no compensation in respect of the alleged dispossession
of his rights
29 February 2008
LCC
95/2006 [2008] ZALCC 2
Mhlongo v Sesley Farm Trust and Another
Application
to be declared a labour tenant
Former rugby star on legal warpath - 13 November
Australian rugby great David Campese - who lives and works in
Durban - is on a legal warpath, suing a local sports promoter for
defamation and launching a court challenge against the listed
company that employs him as a brand and sponsorship manager.
Campese, who lives at Mount Edgecombe and who is married to Lara,
sister of former Proteas and Dolphins cricketer Dale Benkenstein,
has secured an interim interdict from Durban's Labour Court
compelling Chemspec to honour his R780 000 annual contract. -
IOL website
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Cape
Provincial Division
-
http://law.sun.ac.za/cgi-bin/list.php
31 October
2008
1176/2008 [2008] ZAWCHC 60
Saamwerk Soutwerke (Edms) Bpk v Sans Cuici Agri (Edms) Bpk
'R40m loss caused by e-Natis' - 10 November
Traffic
system e-Natis may be responsible for the Beaufort West
municipality's loss of R40-million in outstanding traffic fines,
papers filed in the Cape High Court revealed. The papers, filed by
Traffic Environment Services and Technologies (Test) - the company
the municipality appointed to collect the fines - show the system
allegedly captured motorists' details incorrectly or failed to
update their changes of address. The company is opposing an
application for its liquidation lodged by the firm of attorneys it
had contracted to do the collections,
Munnik Basson Dagama Incorporated. -
IOL website
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Durban and Coast Local
Division -
http://www.saflii.org/za/cases/ZAKZHC/
6 November 2008
6715/08 [2008] ZAKZHC 86
Govender v Ragavayah NO and Others
Legal victory for widows - 7 November
Hindu widows in South Africa yesterday had their legal rights to
inheritance extended by a ruling in the Durban High Court.
The law now recognises women's
rights to inherit their husband's
estate, even if they were married under traditional Hindu law and
their husband died intestate.
The court ruled in favor of Soloshinie Govender's
application to be recognised as a spouse under the
Intestate Succession Act
after her husband of three years, Balasundran Narainsamy, died
last year.
Govender had not borne him any children and the
marriage was not recognised, so all his assets would have gone to
his parents.
- The Times
website
Media release
from Women's Legal Centre
Right to inherit extended to women in
Hindu marriages
Today the
right to inherit has been extended to women in Hindu
marriages with the Durban High Court's
judgment granting Soloshinie Govender's
application for her to be recognized as a spouse in terms of
the Intestate
Succession Act (ISA). She was married according to
Hindu custom and was therefore not allowed to inherit
because Hindu marriages are not recognised by South African
law.
The definition
of spouse in the ISA has now been extended to apply to Hindu
marriages with this judgment bringing the position of Hindu
marriages in line with the decisions made in other cases.
In the
Daniels case the protections were extended to spouses in
monogamous Muslim marriages, the Gabie Hassam case to
spouses in polygynous Muslim marriages and the Gory v
Kolver matter with same sex partners. Case law has thus
expanded the definition of spouse, where legislation has not
been amended to keep in line with the Constitution.
This judgment
is instrumental in the development of South African law by
dispensing with unfair discrimination against Hindu women
married according to Hindu religion in that they can now
inherit, thereby ensuring equality, which is the cornerstone
of the Constitution.
Soloshinie
Govender was married to Balasundran Narainsamy on 22 August
2004 in accordance with the customs and traditions of the
Hindu religion. He died without a will on 1 January 2007.
The deceased's estate has been
administered in terms of the
Intestate Succession
Act, which provided that deceased's
parents are deemed to be the beneficiaries of the estate, as
there were no children born of the marriage and the marriage
was not recognised.
The Women's
Legal Centre intervened as a friend of the court in this
matter. The Centre argued that the failure to recognise
Hindu widows for the purposes of intestate succession
discriminates against them on the grounds of gender and
religion. Women suffer disproportionately on dissolution of
relationships by death and bear the brunt of social and
economic disadvantage in our society. This is a marginalized
group of women who were not protected by the law.
Hoodah
Abrahams-Fayker of the Women's
Legal Centre, the attorney handling the matter says,
"This judgment is a victory for
women and we welcome it. Acting Judge Farouk Moosa had a
positive duty to extend the definition of spouse to include
persons married according to the Hindu religion by
interpreting the definition of spouse in the ISA in line
with the Constitution to ensure religious and cultural
equality".
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".
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Eastern
Cape Division
-
http://wwwserver.law.wits.ac.za/echc/index.php
;
http://www.saflii.org/za/cases/ZAECHC/
6 November
2008
CA & R 202/08 [2008] ZAECHC 188
S v Dano
Rape – evidence of young child –
approach to evidence by appellate tribunal – sentence of
life imprisonment – ether interference warranted
6 November 2008
2098/2008 [2008] ZAECHC 187
Bashe v Meyer and Another
In
an urgent application by the mother of a deceased against the
person in charge of the farm on which she lived to interdict him
from interfering with the burial of the deceased on the farm, it
was held that the applicant had not made out a cause of action in
her founding papers. She had not established that a practice
existed on that farm that occupiers who died there could be buried
there or that the burial of the deceased, on the farm, was in
accordance with her religion or cultural beliefs. These were
requirements of s 6(2)(dA) of the
Extension of Security of
Tenure Act 62 of 1997. As she had failed to make out a case
in her founding papers the application was dismissed
6 November 2008
1399/2008 [2008] ZAECHC 186
Crous v Blue Crane Route Municipality and Another
Terms of agreement relating to retrenchment
6 November 2008
1460/2008 [2008] ZAECHC 185
Tucker v Schemmer and Another
Dispute between neighbours -
National Building
Regulations and
Building Standards Act 103 of 1977
6 November 2008
1428/2008 [2008] ZAECHC 184
Mlokoti v Amathole District Municipality and Another
Disputed appointment to post of Municipal Manager in the Amathole
District Municipality
30 October
2008
1003/2007 [2008] ZAECHC 181
Gwadiso and Another v Member of the Executive Council
: Department of Housing and Local Government and
Traditional Affairs and Another
30 October
2008
1034/2004 [2008] ZAECHC 180
Minister of Safety and Security and Another v Madyibi
29 October
2008
71/07 [2008] ZAECHC 179
Mdinginya v Road Accident Fund
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Natal
Provincial Division
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http://www.saflii.org/za/cases/ZAKZHC/
4 November
2008
4222/07 [2008] ZAKZHC 87
Shosholoza Auctioneers CC v Ngqura Habour Contractors
Sathar's defence presses stop on CCTV footage - 13 November
A push by the prosecution to view CCTV footage that could
exonerate murder accused, Shuaib Sathar, was quashed by his
defence counsel at the Pietermaritzburg High Court on Wednesday on
the basis that it could prejudice Sathar's defence. The subject of
the CCTV footage was brought under the spotlight during the
cross-examination of Sathar's father, Asgar, who was testifying in
the "trial-within-a-trial" phase of his son's murder trial, to
determine whether certain state evidence was admissible in court.
- IOL website
Accused's father says 'look on CCTV' - 12 November
The father of murder accused Shuaib Sathar took the stand in the
Pietermaritzburg High Court on Tuesday at the resumption of his
son's trial. Asgar Sathar was testifying in the
"trial-within-a-trial" phase of his son's murder trial, to
determine whether state evidence, including the search of the
Sathars' family home, the confiscation of items found at the house
and an alleged pointing out performed by Sathar, at which the
alleged murder weapon was found, is admissible in court. Sathar,
21, is charged with killing his 20-year-old cousin, Safia Asmal,
in her home on September 15, 2005. -
IOL website
Judge orders blood transfusion for critically ill baby - 5
November
The Pietermaritzburg High Court granted an urgent order yesterday
evening authorising pediatrician Shamila Singh to administer a
life-saving blood transfusion to a four-day-old baby boy whose
parents allegedly refused their consent on religious grounds as
they are Jehovah's Witnesses. Singh said
in her affidavit presented to Judge Sharmaine Balton in chambers
that if the blood transfusion was not carried out within hours the
baby probably would not survive. Balton granted an interim order
authorising Singh to administer a blood transfusion and any
further blood transfusions necessary to preserve the life of the
baby pending finalisation of the case. -
Witness website
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Northern Cape
Division
-
http://www.saflii.org/za/cases/ZANCHC/
;
http://www.saflii.org/za/cases/ZAWCHC/
7 November 2008
04/07 [2008] ZANCHC 62
S v Visagie
Court tapes or the court record or a
file has gone missing. The inevitable outcome regrettably
is the setting aside of a conviction/s and sentence/s. This
state of affairs is a serious blot on the integrity of the justice
system and requires urgent intervention – something which I hope
to set in motion at the end of this judgment
7 November 2008
656/07 [2008] ZANCHC 61
Kuruman Hotel CC v Liquor Board, Northern Cape Province and
Others
31 October 2008
1176/2008 [2008] ZANCHC 60
Saamwerk Soutwerke (Edms) Bpk v Sans Cuici Agri (Edms) Bpk
10 October 2008
1332/2007 [2008] ZANCHC 59
Henderson and Others v Streeklanddros
: Noord Kaap and Another
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Transvaal
Provincial Division
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http://www.saflii.org/za/cases/ZAGPHC/
11 November
2008
3662/2006 [2008] ZAGPHC 342
Bridges v Van Jaarsveld
Dumped singer wins damages - 12 November
Afrikaans singer Sunette Bridges has been awarded R282 413 in
damages after suing an Eastern Cape farmer who dumped her after
promising to marry her. Bridges initially sued Patensie farmer
Skip van Jaarsveld for over R1-million after he called off the
marriage about three years ago. He did so in an SMS five weeks
before their planned wedding. Pretoria High Court Judge Joseph
Raulinga ordered Van Jaarsveld to pay damages to Bridges, as well
as interest at a rate of 15,5 percent, dating back to February
2006. He must also pay the legal costs of her claim. Van Jaarsveld's
mother had threatened to disown him if he insisted on continuing
with his plans to marry Bridges, who had been married four times
before. - IOL website
4 November 2008
11214/08 [2008] ZAGPHC 341
Centre for Child Law v Minister of Justice and Constitutional
Development and Others
Whether
sections 51(1) and (2), 51(5)(b), 51(6) and 53A(b) of the
Criminal Law Amendment Act
105 of 1997, as amended by section 1 of the
Criminal Law (Sentencing)
Amendment Act 38 of 2007, that
came into operation on 31 December 2007 be declared invalid as
they are inconsistent with the
Constitution. These
sections apply the minimum sentence legislation to offenders aged
16 and 17 years of age at the time of the commission of the
offence, including retrospective sentencing of this age group
31 October 2008
52629/2007 [2008] ZAGPHC 340
Elto Motors CC h/a Auto Traders v Absa Bank Beperk
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Witwatersrand Local
Division -
-
http://www.saflii.org/za/cases/ZAGPHC/
Hlophe's case of two courts - 12
November
An unprecedented action in which 13 judges of South Africa's
highest court are seeking leave to appeal a September 26 majority
ruling of a lower court that they infringed Cape Judge President
John Hlophe's constitutional rights will
be heard in the Johannesburg High Court tomorrow afternoon, but is
strongly opposed by Judge Hlophe who wants leave to appeal the
ruling if the application is granted. The application should
succeed since two judges out of a "full
bench" of five "dissented".
- Citizen website
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Regional Courts
Durban
Tax fraud doctor escapes jail term - 13 November
Relief was etched on the face of a Durban doctor on Wednesday when
he was told to do community service and pay a fine after he
admitted to several charges of tax fraud. Appearing in the Durban
Regional Court, Imran Mohamed Hassim, 41, of Overport, was
sentenced to 10 years' imprisonment, wholly suspended for five
years on condition that he not be convicted of fraud in that time.
He was also ordered to pay the South African Revenue Service
R1,5-million in three R500 000 instalments over the next eight
months, and to do 1 000 hours of community service at a Durban
hospital dealing with HIV/Aids. -
IOL website
Ex-PMB prosecutor on trial for corruption - 6 November
Despite his sudden unwillingness, a former public prosecutor will
be subpoenaed to testify in a corruption trial about the attempts
of a drug syndicate to undermine a court case. Terrence Ncwane is
one of the key figures in the corruption case, in which he and one
of his seniors were apparently once offered up to R2 million and
magistrate's posts to ensure that three
people were acquitted on charges relating to drugs worth R50
milllion. Zandile Radebe, the
controlling prosecutor of the magistrate's
court in Pietermaritzburg in February 2006 when she was arrested,
has pleaded not guilty to charges of corruption. It was alleged
that she received R39 000 from the drug syndicate and Ncwane R109
000. - Witness website
Wynberg
Cyclist killing trial commences - 13 November
The State has finally kicked off its trial against a Bergvliet man
accused of knocking over a cyclist and leaving him to die more
than two years ago. Andries Zuideman, 25, faces three charges -
culpable homicide, drunken driving and failure to render
assistance after an accident. He pleaded not guilty to all three
charges in the Wynberg Regional Court on Tuesday. In addition, he
faces an alternative count of reckless and negligent driving. -
IOL website
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Magistrates Courts
Johannesburg
R2m for staying at home - 13 November
Judge Nkola Motata will have earned more than R2-million for nearly
two years spent at home, when he returns to court next year. He was
suspended on January 15 last year, nine days after crashing into a
wall in Hurlingham, Johannesburg. However, considering that lawyers
like his defence counsel, advocate Danie Dorfling, charge between
R7 000 and R10 000 a day, Judge Motata will have spent a substantial
part of his salary on legal fees for his drunk driving trial. The
Pretoria High Court judge is not at work following a recommendation
by the Judicial Service Commission that he take leave of absence
until the matter is finalised. - IOL
website
Pinetown
Lotter murder accused denied bail - 12 November
Double-murder accused Mathew Naidoo's lies to his mother effectively
sank any chance he had of being granted bail. Pinetown magistrate
Yugan Naidu, who has been on Tuesday in spite of earlier pleas by
his mother, Yogasundrie Naidoo, that she believed he had "learnt his
lesson", would now listen to her and, if released, she would control
him. Referring to evidence that Naidoo had lied to his mother for a
year, telling her he was living in London - when in fact he was
living with his girlfriend and co-accused Nicolette Lotter in
Westville - the magistrate said : "It was
presented to me (by Naidoo's attorney) as a ruse of a youngster who
was in love. - IOL website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
30 October
2008
96/LM/Aug08 [2008] ZACT 91
Toyota Tsusho Corporation and Toyota Tsusho Africa (Pty) Ltd v
Subaru Southern Africa (Pty) Ltd
22 October
2008
87/LM/AUG08 [2008] ZACT 90
Absa Bank Limited v Retail Africa Wingspan Investments
(Proprietary) Limited
22 October
2008
84/LM/AUG08 [2008] ZACT 89
Absa Bank Limited v Ballito Junction Development (Pty) Ltd
22 October
2008
83/LM/JUL08 [2008] ZACT 88
Lexshell 38 General Trading (Pty) Ltd and Another v Richtrau No
123 (Pty) Ltd
20 October
2008
98/LM/Sep08 [2008] ZACT 87
Aveng (Africa) Ltd v Keyplan (Pty) Ltd
6 October
2008
79/LM/Jul08 [2008] ZACT 86
Acucap Properties Ltd v Parkdev (Pty) Ltd
2 October
2008
78/LM/Jul08 [2008] ZACT 85
Shock Proof Investments 145 (Pty) Ltd v Intaka Manufacturers
(Pty) Ltd
2 October
2008
80/LM/Jul08 [2008] ZACT 84
Lexshell 99 General Trading (Pty) Ltd v Springboklaagte Mining
(Pty) Ltd
Banking
Competition Inquiry gathers dust - 14 November
ABSA, SA's largest retail bank, said this week that despite the
deafening silence in the five months since the launch of the
executive overview of the Competition Commission's investigation
of the banking industry, it had already reduced penalty fees for
failed debit orders to the recommended R5. -
allAfrica website
Tracking firms show up on competition tribunal radar - 13
November
The conduct of four vehicle tracking companies, including dominant
market players Netstar, Tracker and Matrix, is under scrutiny at
the competition tribunal because the firms allegedly acted in
concert to reduce and prevent competition in the stolen vehicle
recovery (SVR) market. The alleged concert action, which also
involved Global Telematics, took place in the SVR subcommittee of
the Vehicle Security Association of SA (Vesa). -
Business Report website
Bonakele appointed as Competition Commission’s deputy commissioner
- 12 November
The Minister of Trade and Industry, Mandisi Mpahlwa, on Wednesday
appointed Tembinkosi Bonakele as the deputy commissioner of the
Competition Commission. Bonakele was previously the divisional
manager or mergers and acquisitions at the commission, and under
his supervision, about 480 of the 513 mergers notified last year
were finalised. Bonakele's promotion
would entrust him with the responsibility to ensure the consistent
implementation of the agency's strategic
plan and integrated cross-divisional work in targeted sectors such
as food and agroprocessing, telecommunications, and infrastructure
and construction. -
Creamer Media's Engineering News website
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Government
and Legislation
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Parliamentary Monitoring Group
-
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 |
Committee Minutes
Trade and Industry
Committee
6 November 2008
Companies Bill
: deliberations on NCOP Amendments
; Annual Report 2007/08 of Department
and Agencies
Transport
Committee
12 November
2008
Civil Aviation Bill
: final deliberations and adoption
6 November 2008
Civil Aviation Bill
: further deliberations
5 November 2008
Draft Civil Aviation
Bill : continuation of deliberations
4 November 2008
Civil Aviation Bill
: further amendments and deliberations
NCOP Committees
Security and
Constitutional Affairs Committee
11 November
2008
Scorpions closure :
National Prosecuting Authority and South African Police Service
Amendment Bills : continuation of deliberations
10 November 2008
Scorpions closure :
National Prosecuting Authority Amendment Bill and
SA Police Service
Amendment Bill : briefing and
deliberations
Social Services
Committee
11 November
2008
Children's
Act : amended Regulations :
briefing by Department of Social Development
Requests for
Submissions and Hearings
Public Hearings of
the Portfolio Committee, on Justice and Constitutional
Development on :
(1) Rules for Procedure for Application to Court in terms of the
Promotion of Access to Information Act, 2000 (PAIA Rules)
[http://www.pmg.org.za/node/14519]
(2) Magistrate's' Court Rules: Amendment of the Rules of Courts
(Magistrate's Court Rules)
[http://www.pmg.org.za/node/14517]
The Portfolio
Committee on Justice and Constitutional Development will be
conducting Public Hearings on the Rules for the Procedure for
Application to Court, in terms of section 79 of the
Promotion of Access to
Information Act, 2000 (Act 2 of 2000), as well as on the
Magistrates' Court Rules : Amendment
of Rules of Court made in terms of section 6 of the
Rules Board for Courts
of Law Act, 1985 (Act 107 of 1985).
The hearings will
be held in Parliament on Tuesday, 18, November 2008 from 10:00
Comments can be
emailed to Committee Secretaries, Ms P Sibisi at
psibisi@parliament.gov.za
or Mr V Ramaano at
vramaano@parliament.gov.za
by no later than Friday, 14 November 2008. Any person or
organisation that wishes to give further oral evidence before
the Committee, should notify the Committee of such intention by
no later than Friday, 14 November 2008.
Enquiries
: Ms P Sibisi, telephone 021-403
3360 ; cell 083-709
8449 or Mr V Ramaano, telephone 021-403-3820
; cell 083-709 8427
Issued by Mr V
I Carrim, MP : Chairperson of
the Portfolio Committee on Justice and Constitutional
Development
The documents are
also available here:
www.pmg.org.za/policy_docs
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Legislation
Judicial Service Commission Amendment Act 20 of 2008
Judges get code of ethics - 10 November
New ethics and disciplinary rules for judges have been approved
and will be in place within months - but they won't help embattled
Cape Judge President John Hlophe. President Kgalema Motlanthe
signed the long-awaited amendment to the law on judges, setting up
a judicial conduct committee, a code of conduct for judges and a
register of judges' interests. These will all fall under the
existing Judicial Service Commission (JSC), which deals with the
appointment of judges. Existing complaints - like the
Constitutional Court's complaint against Judge Hlophe and his
against that court - will not fall under the new law. -
IOL website
Mineral and
Petroleum Resources Development Act
New-order mining rights four years into new mining regime - 14
November
Legal firm Bowman Gilfillan partner practising in min- ing,
regulatory and environ- mental law Claire Tucker and associate
Twaambo Muleza say that the implementation of the Mineral and
Petroleum Resources Development Act (MPRDA) radically transformed
the law governing rights to mineral resources in South Africa and
has caused a significant increase in the transactions in this
sector. - Creamer Media's
Mining Weekly website
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Useful
Links and Items of Interest
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Legal Profession
Ireland
Society launches code of practice for family law - 14 November
The Law Society has launched a new code of practice for family
law, which says that solicitors should fulfil their duties mindful
of the best interests of the family as a whole and of the children
in particular. The code of practice is not legally binding,
according to the society's director
general, Ken Murphy, but breach of it could amount to misconduct
if it was serious and had serious consequences for the client,
depending on the facts of the case. -
Irish Times website
Solicitors fined €100 000 for overcharging - 11 November
Fines of €25 000 imposed on two solicitors for professional
misconduct arising from overcharging were increased fourfold
yesterday to €100 000 each after the president of the High Court
said he wanted to send out a message that dishonesty would not be
tolerated in the legal profession. Mr Justice Richard Johnson also
prohibited solicitors Michael McDarby and Seán Acton, of Michael
McDarby and Co in Ballinrobe, Co Mayo, from practising on their
own for the next two years. -
Irish Times website
United Kingdom
Legal eagles rush to learn - 13 November
Masters degrees in law offer a way of studying subjects that
aren't always covered by conversion courses. Liz Lightfoot finds
out why they are in such demand. Masters in law – which can be
either an LLM or MA – differ from the qualifying exams for
barristers and solicitors because their content is not prescribed
by the Bar Council and the Law Society. Most LLMs cover specialist
fields of law but a few, taken over two years, include more
general material specified by the profession's ruling body and so
can act as conversion courses for graduates of other subjects who
want to train as lawyers. -
The Independent
website
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South Africa
Banking
Bank charter discord may take toll on SMEs - 12 November
Banking services for the marginalised, and financing for small
enterprises and low-income housing could be at risk, unless unions
settle differences with banks and insurance firms over the
implementation of the
financial sector charter. Nkosana Mashiya, the chairperson of
the Financial Sector Charter Council, pointed out that in the
absence of the charter, the generic
codes of good practice
of the department of trade and industry (dti) would apply to the
local financial services sector. -
Business Report website
Whither the banking industry? - 13 November
Sharp devaluations in South African
banking and financial stocks have been driven by a range of factors,
both local and overseas. Major turmoil in global financial markets
and the resulting slow-down of global economic growth have pushed
down equity valuations around the world. Foreign banks have
experienced a rash of bankruptcies, failures and shot-gun-weddings,
and the gloom has infected local counters. At the same time domestic
factors have played their part in the devaluations. -
Moneyweb website
Silence, diversions and simple truths - 13 November
Let the numbers do the talking : at the
moment (and once again, and again), the rand is the world's worst
performing currency against the US dollar. The comparison draws on
42 currencies, meaning that the real number is 67 currencies, given
that the euro is used in 27 countries and territories. The reasons
for the rand's rotten performance are hardly a secret, but the
astonishing silence on the policy response front is increasingly
mysterious. -
moneyweb website
Fitch's revision of local banks is
overzealous, say analysts - 12 November
Analysts yesterday described Fitch's
downgrading of its outlook on Absa, Investec and Nedbank as
"overzealous and unnecessary". The rating agency cited South Africa's
worsening economic conditions as a reason for the change. -
Business Report website
Fitch revises SA's rating outlook to
negative - 10 November
Ratings agency Fitch's decision to revise
South Africa's rating outlook was unlikely
to result in the downgrade of the country's
credit rating, the National Treasury said on Monday. This comes as
Fitch revised the country's ratings
outlook from stable to negative, as part of a global review of
sovereign ratings of 17 major investment-grade emerging market
economies. In June, Fitch revised South Africa's
outlook from positive to stable. -
Creamer Media's
Engineering News website
Old Mutual overhauls US business, names new CFO - 6 November
Anglo-South African insurer Old Mutual on Thursday said it had taken
steps to overhaul its troubled US business and appointed a new
finance chief, sending its shares higher. Old Mutual also said it
would weigh up its options over the next four months, and that it
was hopeful of completing the stalled sale of South African general
insurance unit Mutual & Federal by the end of the year. Old Mutual,
whose operations include a South African bank, Nedbank, as well as
insurers and asset managers in the US and Europe, is under pressure
from some analysts to consider asset sales to address concerns about
its complex structure. -
Reuters website
Nedbank home loans : "worried about
negative equity" - 5 November
Falling property prices, not other banking woes, the major reason
for tightening the lending screws, says home loans boss. -
realestateweb website
Communications
Journalists awarded for 'vital service' - 13 November
The winners of the 2008 Webber Wentzel Legal Journalist of the Year
competition have been announced. Rob Rose of the Financial Mail took
first place in the print category, and Sasha Wales-Smith of the SABC
won the electronic media category. First place winners received R50
000 each. Bruce Cameron was runner up in the print category and
Mandy Weiner of Radio 702/Cape Talk was runner-up in the electronic
category. This is the 10th year that leading corporate law firm
Webber Wentzel has sponsored the competition. -
IOL website
Telkom to buy MWEB Africa for R610m - 10 November
Fixed-line telecommunications operator Telkom will acquire internet
service provider MWEB Africa and 75% of MWEB Namibia from members of
the multinational media company, Naspers, for R610-million, the
operator said on Monday. Naspers has, however, opted not to sell
MWEB South Africa, owing to the current global economic conditions
and a contraction in credit markets, the media company said. -
Creamer Media's
Engineering News website
Interdicting the media : a losing strategy - 1 October
When faced with the prospect of being implicated in a story by an
investigative journalist, many influential business people instruct
their lawyers to urgently apply to court to prevent the publication
of the story. Generally such applications for an interdict are
ill-advised, because our courts approach attempts to restrain
publication with caution. - Article by Aslam Moosajee of
Deneys Reitz Attorneys on
the Mondaq website
* * * Free subscription required * * *
Company Law
Lift limits on doctors : Medi-Clinic - 13 November
Medi-Clinic, the third-biggest private hospital group in the
country, has added its voice to those objecting to the proposal of
the Health Professions Council of SA (HPCSA) that doctors' joint
shareholding in hospitals should be limited to 26 percent. Koert
Pretorius, the chief executive of Medi-Clinic Southern Africa, said
the proposed limitation was both anti-competitive and
unconstitutional. He said the HPCSA was not empowered to make such
an amendment. - Business Report
website
The
corporate response to sustainability reporting - 31 October
A 2006 survey found that overall reporting on sustainability and
governance issues by listed South African companies has improved,
but environmental management needs more attention. Business ethics
and corporate governance are becoming increasingly important topics
in the business world. Corporate governance has gained strategic
significance because poor governance can cost companies dearly, both
in reputation and financial damage. These global trends have also
had an impact on the way in which companies report on their
activities. - Leader website
Environment
Greenpeace opens Joburg office - 13 November
International environmental activists, Greenpeace, have opened an
office in Johannesburg to tackle climate change, deforestation and
overfishing on the continent, it was announced on Thursday. "While
the environmental threats facing Africans are urgent and critical,
Africa is in a position to leapfrog dirty development and become a
leader in helping to avert catastrophic climate change and protect
the natural environment," Greenpeace Africa executive director
Amadou Kanoute said in a statement. -
IOL website
Green scorpions to probe fire at Engen refinery - 13 November
A special team of environmental inspectors has been dispatched to
the Engen Oil Refinery in Durban. This follows a fire that broke out
at the refinery in the early hours of this morning. There were no
casualties and the extent of the damage is still to be assessed.
KwaZulu-Natal Agriculture and Environmental Affairs MEC Mtholephi
Mthimkhulu says it's disturbing that this latest incident happens
only three days after they visited the refinery to check
developments on the premises. -
SABC News website
Praise
for SA ecolodges – 12 November
Three South African lodges are included on the latest National
Geographic Adventure magazine list of the world's
50 top eco-lodges. Phinda Private Game Reserve, Tswalu Kalahari
Reserve and Bushmans Kloof Wilderness Reserve have taken their place
among the top environmentally friendly tourism destinations in the
world. Of the 50 establishments recognised as the most
earth-friendly, 17 are in Africa. Four are in Kenya, with two each
in Namibia, Botswana and Tanzania, and one each in Mozambique,
Seychelles, Egypt and Morocco. A good ecolodge should engage in
responsible practices such as paying respect to local traditions by
incorporating cultural elements into the design and décor,
disrupting the natural environment as little as possible and using
local plant life as much as possible, sourcing food from local
farmers, using recycled or recyclable materials in building, and
bridging cultural gaps by promoting cultural exchanges. –
iAfrica website
Assmang Inquiry
Worker tells of dust and dirt at factory - 14 November
When Jacobus "Donny" du Plessis arrived for work in the intense heat
and dust of the Assmang furnaces at Cato Ridge, there were times
when the dust was so thick that workers could not see their hands in
front of their faces. Now, less than six years after joining the
company, Du Plessis, 45, has lost his job after being declared unfit
for work and medically boarded because of disabilities deemed to be
the result of exposure to toxic manganese dust. Du Plessis, the
first Assmang worker to give evidence about conditions in the
workplace, was clearly uncomfortable as he sat down in front of
inquiry chairman Vuli Sibisi. His legs shook and twitched. His arms
and shoulders showed signs of constant tremor. -
IOL website
Doctor asked to locate Assmang letter - 13 November
The labour department has asked Assmang group health consultant Dr
Murray Coombs to urgently track down a letter which instructed him
to "review" whether 10 factory workers had been correctly diagnosed
with manganese-related sicknesses by other doctors. All 10 workers,
now medically boarded as no longer fit to work by the Workmen's
Compensation Commission, had been examined by a panel of several
medical specialists - including Dr Susan Tager, head of the Wits
University movement disorders clinic. -
IOL website
Heat is on for Assmang doctor - 12 November
A complaint of medical misconduct will be laid against
Pretoria-based doctor Murray Coombs, whose ethical and professional
behaviour came under close scrutiny this week during a labour
department inquiry for his alleged breaches of doctor-patient
confidentiality as group health consultant for the Assmang manganese
company. - IOL website
Poison
expert not independent, says lawyer - 11 November
Attorney Richard Spoor, representing 10
workers diagnosed with manganism, pointed out that Professor Warren
Olanow, a movement disorder specialist of
the Department of Neurology and Professor of the Department of
Neuroscience, Mount Sinai School of Medicine, New York,
had received about R28million (2.9m) from the "manganese
institute" for his research and had
testified as a defence witness in manganism trials in the United
States.
"A man who receives 2.9m for
research on behalf of companies can hardly be described as
independent", Spoor said.
Spoor's clients have objected
to being examined by Olanow. -
Dispatch Online website
Workers
offered 'R800 000' - 10 November
Suspected manganese poisoning victims were allegedly offered R800
000 each to undergo further testing while their employer refused to
recognise the attorney representing them, a labour department that
is investigating several cases of manganese poisoning heard on
Monday. Richard Spoor, an attorney representing 10 workers who have
been diagnosed with manganism, told the inquiry that Assmang "have
gone so far as to hire chiefs (traditional leaders) to pressurise
them into accepting deals". -
iAfrica website
Finance
The coming storm : a scenario - 11 November
Analysis and projections from the FNB Fixed Investment Round Table.
The impact on South Africa as global financial crisis gives way to
global recession. - itinews
website
Toe the line or ship out, Manuel told - 13 November
The National Union of Metalworkers of SA (Numsa) and the Congress of
South African Trade Unions (Cosatu) say finance minister, Trevor
Manuel, and Reserve Bank governor, Tito Mboweni, must toe the line
on economic policy or ship out of the ANC. This was the call from
Numsa's General-Secretary, Irvin Jim, at a press briefing in
Johannesburg on Wednesday where the union labelled Manuel and
Mboweni as the main people behind "narrow" economic policies they
blame for keeping people trapped in poverty. -
IOL website
High-level conference to focus on SA's R600bn infrastructure
programme - 14 November
South Africa's R600-billion public
infrastructure programme - the continuation of which is viewed as
increasingly important if the country is to stave off recession in
the context of a slowing global economy – will come under the
spotlight again next week at a conference organised by the
Presidency and the Business Trust. The gathering falls under the
aegis of the Support Programme for Accelerated Infrastructure
Delivery, or Spaid, a public-private initiative established in 2006
to deal with constraints to the effective delivery of
infrastructure. The one-day conference will be attended by
representatives from government, labour movements, the construction,
financial and manufacturing sectors, as well as executives from the
State-owned enterprises leading the investment push. -
Creamer Media's
Engineering News website
Insurance Industry
Ombudsman for Short-Term Insurance responds to determination made by
FAIS Ombud - 4 November
The Ombudsman for Short-Term Insurance (OSTI) responds to the
determination made in the matter of Maduray V Renasa Insurance
Company and his criticism of too many Ombudsmen being bad for the
industry. The determination involved the consideration of a
so-called "Good Citizen Warranty"
included in a motor vehicle insurance policy. -
itinews website
Judiciary
How to transform the judiciary - 10 November
More than 54% of our judges are black in the generic sense.
Leadership of the judiciary - at least on the face of it - is firmly
in African hands. The chief justice is African. So is his deputy.
The president of the Supreme Court of Appeal is African. All the
heads of the high courts are African. If transformation of the
judiciary were a simple matter of packing the courts with black
judges, we might as well pat ourselves on the back for a job well
done and move on. Article by Vuyani Ngalwana, a member of the
Johannesburg Society of Advocates. This is an edited version of his
address to the Black Management Forum annual conference. -
Mail & Guardian website
Justice and
Constitutional Development
Govt officials' court protests slammed - 6 November
Retired ANC MP and former Education Minister Kader Asmal has
criticised top government officials taking part in demonstrations in
front of court buildings. Asmal says there is a tendency among some
people to support only sections of the Constitution that they
approve of. Speaking at the inaugural ''Helen Suzman Lecture'' at
the University of Cape Town, he said the branches of state in
particular, have a duty to fully support the Constitution. -
SABC News website
'Revolutionary talk is outdated' - 6 November
The use of revolutionary language by politicians is outdated and
politically irrelevant, outspoken ANC veteran and former Cabinet
minister Kader Asmal said. Speaking on Wednesday night at the
inaugural Helen Suzman lecture, on the topic of The Rule of Law and
Constitutionalism, and sharing the platform with opposition veteran
Colin Eglin, Asmal commented on the political developments in South
Africa, the Springbok emblem debacle, and the fact that he remains
deeply loyal to the ANC despite quitting Parliament as a result of
his party's position on the Scorpions. -
IOL website
KwaZulu-Natal
KZN audit nails fat cats - 12 November
Using different scams, including overcharging and non-existent
companies, unscrupulous businessmen and their crooked government
connections have cheated the KwaZulu-Natal government of huge
amounts, according to a year-long forensic audit commissioned by MEC
for Social Development Meshack Radebe. "But I am ready to expose
them and face the music," Radebe said at the Pietermaritzburg
legislature on Tuesday. - IOL
website
Labour Law
Workers' compensation in the Republic of South Africa. November
2008
This report, produced by the African Microeconomic Unit, reviews
workers' compensation in South Africa. -
Polity website
P0211 - Quarterly Labour Force Survey (QLFS), 3rd Quarter 2008
Published 28 October 2008
StatsSA website
A
new regional arbitration forum - 6 November
In cross-border contracts involving South African concerns and
various foreign parties, most often one or other of such foreign
parties are unfamiliar with South African law and the South African
legal system. Consequently, such parties often insist that the
dispute resolution mechanism in the relevant agreement provide for
arbitration of potential disputes before a foreign arbitration
tribunal. The difficulty for the South African litigant is
that arbitration under these mechanisms most often involves
application of systems and principles of law equally foreign to
them. More particularly, any South African who has arbitrated in
theses centres under any of these regimes can testify to the
prohibitive cost of doing so. For some time now, the South African
Law Commission has recognised the need to address real concerns
pertaining to effective and efficient adjudication of cross-border
disputes. - Article by Matthew Ash of
Deneys Reitz Attorneys on
the Mondaq website
* * * Free subscription required * * *
Silencing of staff worries Sanef - 13 November
The SA National Editors Forum (Sanef) has warned against what it
sees as a trend of disciplinary proceedings being instituted against
staff who criticise conditions where they work. Sanef said on
Wednesday it had learnt that professors Nithaya Chetty and John van
den Berg faced such proceedings for talking to the media about
University of KwaZulu-Natal vice- chancellor Professor Malegapuru
Makgoba. The professors have been charged with failing to exercise
due care in communicating with the media, and for having released
confidential senate information. They were also being accused of
dishonesty and/or gross negligence. -
IOL website
More academics unhappy with UKZN - 13 November
Reaction to the University of KwaZulu-Natal's planned disciplinary
action against two professors is gaining momentum, with The Mercury
fielding dozens of calls and almost 100 comments relating to the
issue posted on a website. The comments have been logged at Change@UKZN
by senior professors, lecturers and other members of the university
community. - IOL website
The Freedom of Expression Institute (FXI) distressed by disciplinary
action against two UKZN Professors - 7 November
The Freedom of Expression Institute is distressed by the University
of KwaZulu-Natal's
decision to institute disciplinary proceedings against two of the
University's Professors, Nithaya Chetty
and John van den Berg. Chetty is a Professor of Physics and van den
Berg is a Professor of Mathematics. The disciplinary proceedings
relate to statements in the media and an e-mail list that were
highly critical of the conduct of Vice Chancellor, Professor
Malegapuru Makgoba, in his handling of a University Senate debate on
academic freedom. While the FXI respects the right of the University
to institute disciplinary proceedings against its staff, such
proceedings should be instituted with due regard to their basic
human rights, including their right to freedom of expression. The
disciplinaries fly in the face of the recommendations of a recently
released report on institutional autonomy and academic freedom in
South Africa, written by a Task Team established by the Council on
Higher Education (CHE). -
African Press Organization blog
See also :
Report of the independent task team on Higher Education,
Institutional Autonomy and Academic Freedom (HEIAAF)
: Academic Freedom, Institutional Autonomy and Public
Accountability in South African Higher Education.
August 2008
Executive summary -
http://www.che.ac.za/documents/d000183/
Full version -
http://www.che.ac.za/documents/d000183/CHE_HEIAAF_Report_Aug2008.pdf
Land Affairs and
Property
Property price statistics : who's fooling who? - 9 November
Lies, lies and statistics. That seems to be what we are getting in
relation to residential property prices, says Brian Black, a man
with more than 20 years of property experience. Here is his
down-to-earth take on the slew of monthly house price data we
receive these days. -
realestateweb website
House prices on downward trend - 12 November
Although nominal year-on-year house prices increased at national
level, nominal prices dropped in four provinces in the third
quarter, according to Absa's latest
quarterly housing review. -
Business Report website
Bye-bye first-time property buyers : Herschel Jawitz - 12
November
Estate agency boss warns that banks are "slowly choking" below-R1m
residential buyers, in his look at the year ahead.
Herschel Jawitz, chief executive officer of Jawitz Properties,
says multiple factors are driving the current squeeze in the
residential property market in South Africa but there are signs
that the market may be nearing the bottom. -
realestateweb
website
Quantifying the Southern African fractional market - 16
September
The 3rd Annual Fractional Ownership Conference was held in Cape
Town recently, attended by over 130 key delegates from the
vacation ownership sectors. Dirk Wilson, co-founder of
fractionalownership.co.za and organiser of the conference, said he
was pleased to see the optimism shown by the major payers
"who are firmly focused on the light at
the end of the tunnel, with an upturn in the property market
foreseen for the second quarter of 2009".
Wilson presented interesting information at the conference,
quantifying the current status of the fractional ownership market
in Southern Africa. Fractional ownership in South Africa is
generally perceived to be exclusively applied to luxury vacation
residences ; however, the concept is now
also being applied to luxury leisure use assets such as
helicopters, private planes and boats. -
IOL website
Estate agents quitting as market nosedives - 6 November
The Eastern Cape property market is feeling the pinch of the
economic climate, with the number of registered estate agents
dropping dramatically, homes languishing unsold on the market for
up to three times longer than usual, and the number of homeowners
in arrears on their mortgage payments increasing significantly.
The national building industry has also taken a dive, with the
number of building plans passed by larger municipalities dropping
by R1,9-billion from last year. -
Herald Online
website
Green building trend spreads to affordable housing sector - 11
November
Nedbank Corporate Property Finance :
Affordable Housing today announced the funding of and its
equity stake in an affordable housing development worth in excess
of R2bn, to be built in Diepsloot, near Fourways. The 237 hectare
mixed use development, known as Tanganani, will consist of housing
units catering for the poorest of the poor, the lower end GAP
market, as well as the traditional credit linked affordable
housing. Depending on the final densities being approved the
property has the capacity to yield in the region of 12 000 housing
units. - realestateweb
website
Development
Golf estates really tee off land minister - 12 November
The department of agriculture and land affairs will examine the
use of prime agricultural land for golf estates and hunting farms,
which it accuses of converting land to non-productive use while
depopulating the areas and reducing employment. Lulu Xingwana, the
minister for agriculture and land affairs, told the joint budget
committee yesterday that the Land Use Management Bill would
empower the state to regulate golf courses and game farms. -
Business Report website
Nedbank invests in R2bn affordable housing project - 14
November
Nedbank, in partnership with property developer SafDev Tanganani,
will soon build about 12000 affordable houses worth more than R2
billion in Diepsloot, near Fourways.
The 237 hectare mixed use development to be known as
Tanganani, will be funded by Nedbank through its corporate
property finance: Affordable Housing. -
Sowetan website
Angloplat injects R1,4bn into SA housing project - 13 November
In an effort to promote home ownership among its employees,
platinum-miner Anglo Platinum (Angloplat) will spend about
R1,4-billion in a project to assist in the delivery of about 20
000 living units for its workers. -
Creamer Media's Mining
Weekly website
Residents spurn aid - 12 November
Amakhaya Ngoku (meaning "homes now") was formed in 2006 by
residents living in shacks in the small Masiphumelele settlement
between Fish Hoek and Cape Point after a fire destroyed about 400
shacks, leaving more than 1 000 people homeless. After months of
consultations and meetings residents agreed the shortage of land
made free-standing houses impossible and settled for 352 sectional
title flats. The project will offer residents a rent-to-buy
scheme. Last week the chairperson of Amakhaya Ngoku, Themvinkosi
Kitchen, was stabbed and stoned by residents opposed to the
building project. Lutz van Dijk, fundraiser and board member of
housing NGO Amakhaya Ngoku, which initiated the development, is
according to locals opposed to the development a "kwerekwere". -
Mail & Guardian website
Council seeks protection for farm land - 7 November
The city council might declare parts of Constantia, the Helderberg
and Durbanville Winelands "high potential and unique agricultural
land worthy of statutory protection" if the recommendations of an
independent agricultural review are accepted. This could scupper
projects such as the Porter Estate development in Constantia where
the provincial government intends to build at least 500
mixed-income houses on prime agricultural land. -
IOL website
Rejected deal : KZN premier in hot water - 7 November
KwaZulu-Natal Premier S'bu Ndebele might
be taken to task when he accounts to the ANC on the exact status
of the multibillion rand AmaZulu World project that has been
rejected by a local chief.
Ndebele signed the R44billion deal with Dubai developer
Ruwaad and has the support of King Goodwill Zwelethini.
But the community of Macambini, which owns the land,
has already struck a deal with rival Dubai developer Sport Cities
International (SCI). - Sowetan
website
Developers fail to consult residents - 6 November
A proposed R55-billion development for the Macambini area of the
Zululand coast was in jeopardy on Wednesday when it emerged that
the Dubai-based developers had not secured a letter from the local
tribal council and traditional leader indicating the local
community's acceptance of the proposal. Ruwaad Holdings had also
not complied with several other requirements, including involving
the local municipality and the development tribunal, it emerged at
a stakeholders' meeting on Wednesday. -
IOL website
Stuff your R44bn - 6 November
The proposed R44billion rand tourism project spearheaded by
KwaZulu-Natal Premier S'bu Ndebele and
supported by King Goodwill Zwelithini is falling apart.
"The government, ITB and King Goodwill
Zwelithini have no power to sign the deal with any investor
without the blessings of the community",
Ingonyama Trust Board (ITB) spokesman Justice Ngwenya said
yesterday. - Sowetan
website
Locals say 'no'
to park plan - 5 November
The planned multi-billion-rand development in the Macambini area
on the north coast by Dubai's Ruwaad
corporation, which is backed by Premier Sbu Ndebele, has hit a
snag. The Macambini community yesterday rejected the development,
upset that more than 8 000 people will reportedly be forced to
relocate to make way when the tourism development occupies about
16 500 hectares of what they call their land. The decision was
taken yesterday during a community meeting that was also attended
by Ingonyama Trust,
established in 1994 to manage tribal land in the province. Members
of the Macambini community support Sports Cities International,
another Dubai-based developer, to take over, saying their
preferred developer is willing to listen to their concerns.
- Witness website
Land Claims and
Expropriation
Bitter harvest for land reform - 14 November
SA's land-reform programme has suffered
a serious setback with the unravelling of the agriculture and land
affairs department's strategic
partnerships with private consultants.
The strategic partnerships are the department's
much-vaunted agricultural mentoring programme for the
beneficiaries of land reform.
Landbou Weekblad quoted acting chief land claims
commissioner Blessing Mphela as saying it would cost twice as much
to revive the partnership projects. -
Business Day website
See :
Grondprojekte boer agteruit - 27 October
Landbou Weekblad website
Land seizures are for the greater good - 13 November
Many
political and economic analysts agree that an effective
land-reform programme is crucial for sustainable economic growth,
environmental protection, poverty reduction, social cohesion and
political stability. The alignment of expropriation legislation
with the constitution would also guarantee property owners
protection against arbitrary deprivation of their property in
terms of Section 25 of the
constitution. Ultimately, expropriation and a more
comprehensive land-use planning system will contribute to
sustainable economic growth, poverty reduction, social cohesion
and political stability. Debate is needed on land use and land
management in urban areas so that legislation and policy can be
amended or introduced to serve the interests of all South Africa's
citizens. -
IOL website
[Debate on expropriation including
references international examples]
Keyphrase :
Expropriation Bill
Property Law
'Unutilised land' to cost farmers as state prepares farm tax
proposals - 12 November
Discussions were far advanced within the government on a proposal
to introduce a land tax, Land Affairs Minister Lulama Xingwana
said yesterday. Such a tax would act as a disincentive for
landowners to hold on to vast tracts of unutilised land, would
push down land prices and assist the government's bid to
fast-track its land reform programme, the minister said. -
allAfrica website
Thinking of selling your subsidised home? - 11 November
Owners of government-subsidised homes who have sold or let these
to other people may be blacklisted by the province. Housing MEC
Whitey Jacobs is awaiting responses to about 20 letters he
hand-delivered to people who had sold or let their houses in
Delft. Lukhanyo Calata, spokesperson for Jacobs, said on Monday
that letters had been handed to the owners of subsidised housing
and the tenants. He said tenants had been told to move out of the
houses within a month, while the owners had been ordered to
explain their actions to the department within 14 days. -
IOL website
Rugby hero in land-grab row - 9 November
Springbok rugby hero Kobus Wiese is one of several homeowners at
an exclusive golfing estate who have been accused of extending
their property illegally onto state land.
Wiese's sea-facing home at Shelley Point on the West Coast
has a stunning wooden deck which stretches beyond his boundary
onto pristine dunes while others have
increased the size of their lawns and gardens.
The land is admiralty reserve, state-owned land above the
high-water mark. The strip of land belongs to the department of
public works but when and if the
Integrated Coastal
Management Bill is enacted, Marine and Coastal Management
will become the custodians. It has already mapped most of the
coastline using geographic information systems to identify
illegally built structures. Dr Niel
Malan, MCM's deputy director for coastal planning and
environmental protection, said the bill had been passed by both
the National Assembly and the National Council of Provinces and
was on its way to President Kgalema Motlanthe for his
consideration. The bill will allow people to lease the land at
market-related prices for 20 years but if they want a longer
lease, the National Assembly will have to be consulted. -
IOL website
Owners deny beach estate 'disaster' claims - 6 November
The owners of the undeveloped section of the controversial Beach
Club estate on the Hout Bay beach sand dunes have rejected claims
by the local residents' association that the development is an
"environmental disaster". They say that, as far as they are
concerned, all prescribed procedures relating to the proposed
development have been followed and all the required approvals have
been obtained. - IOL website
Litigation
Discovery of confidential documents - 13 November
Whilst the rules applicable to discovery in the High Court regulate
both documents open to full inspection and privileged documents,
they are silent on confidential documents. The overriding yardstick
for discovery is relevance. All relevant documents, even if they are
confidential, must be discovered, save for privileged documents
which are protected from disclosure. This does not mean that our law
affords no protection to a party required to discover confidential
documents. - Article by Andre Vos of
Deneys Reitz Attorneys on
the Mondaq website
* * * Free subscription required * * *
Minerals and Energy
SA reviews nuclear programme in face of economic turmoil - 13
November
The Department of Minerals and Energy would publish its Nuclear
Energy Policy by the end of the week, said Department of Minerals
and Energy (DME) acting DDG of hydrocarbons and energy planning
Tseliso Maqubela on Thursday. Speaking at the conference on Energy
in Southern Africa at Mintek, he said that the policy would be
available on the department’s website, and would then go on to be
gazetted. Maqubela said that nuclear energy required substantial
upfront investments, and decisions made in this regard were
difficult even in the best of economic climates, and would be even
more difficult considering the current global turmoil. -
Creamer Media's
Engineering News website
Watch :
http://www.dme.gov.za/energy/documents.stm
At present the latest version is July 2007, due to be updated
"by the end of the week"
SA
Diamond Council joins association to form single downstream body
- 11 November
The Diamond Council of South Africa and the United Diamond
Association of South Africa have amalgamated to form a single
diamond downstream industry body, which will represent the
interests of all industry players involved in rough diamond
dealing and beneficiation, Diamond Council CEO Braen Migogo has
announced. Migogo says that the significance of the amalgamation
is that the industry's strategic
stakeholders will have one body to deal with. -
Creamer Media's Mining
Weekly website
South African tribe profits from platinum reserves - 7
November
The Bafokeng's homeland, near the famous Sun City casino about two
hours northwest of Johannesburg, lies on the world's richest
reserve of the "white gold" and produces about 55 percent of
global output of the highly sought after metal. Platinum reached
record prices of over $2 000 an ounce
this year and even though it has now dropped to $800 an ounce, the
Bafokeng remain bullish about the future because of its use in
car manufacturing. Full of confidence and pride, Bafokeng leaders
signed a 10.3 billion rand ($1.6 billion) joint venture deal
Thursday with giant Anglo-Platinum to sink a new mineshaft, more
than double output at the Bafokeng Rasimone Platinum Mine, and
create 2 000 new jobs. "The Bafokeng
used to be passive, receiving royalties from mining companies on
our land," the tribe's 40-year-old king Kgosi Leruo Molotlegi said
at the inaugural ceremony. But now his 300
000-strong people have become shareholders, directors and
active economic players, he said. -
International Herald Tribune website
Work
begins on R10,3bn Styldrift platinum project in SA - 6
November
Creamer Media's Mining
Weekly website
Municipal Management
and Procedure
Ethekwini
Council to take over failed housing projects - 12 November
The eThekwini Municipality will soon take over six incomplete
housing department projects that failed because of the collapse of
Section 21 companies contracted to do the work. Many of the houses
at the developments are incomplete, in a state of disrepair or
simply not up to standard. All of the six projects are near the
Inanda area in the north of the municipality. A report presented to
the municipality's executive committee yesterday said that the
project at Mshayazane (1 000 houses), two projects at Richmond Farm
(5 000 houses) and projects at Matamfana (324 houses), Emaplazini
(1 178 houses) and Amatikwe (778 houses) were being cancelled by the
housing department because of the collapse of community-based
Section 21 companies. - IOL
website
Msunduzi
Msunduzi : manager scolded for underspending - 6 November
The Msunduzi Municipality's first
quarterly review of the 2008/2009 financial year highlighted
underspending of R1,1 million by the community services and social
equity division, which is responsible for waste management and
maintenance of the city. Also featured in the report, submitted to
the municipality's finance committee, are overtime payments of more
than R6 million by the process managers for community development
and risk management. Mayor Zanele Hlatshwayo instructed all business
units to submit thorough capital and operational expenditure reports
at next week's meeting. The review was
carried over for discussion. -
Witness website
National Defence Force
Military believe judge was 'bewitched'
- 8 November
The defence force's first black female
judge, Colonel Phildah Nomoyi, doused herself with petrol and set
herself alight in her garage in June. Attempting suicide is a
serious offence in the military and officers face charges ranging
from malingering to conduct unbecoming of an officer, which can
get them fired or a sentence of up to five years in a military
jail.
At least two senior officers claim that Nomoyi escaped
sanction after some top brass accepted her explanation that she
was "bewitched"
when she tried to kill herself. Defence force officers, who spoke
to the Sunday Times on condition of anonymity because they
would be "fired"
if they spoke openly, were furious that Nomoyi got off scot-free
and said her case "would open the
floodgates" as troops would now cite
witchcraft if they did something wrong. -
The Times website
National Prosecuting
Authority
Pikoli speaks on suspension - 11 November
The suspended National Director of Public Prosecutions, Vusi
Pikoli, still believes that action was taken against him to
prevent the arrest and possible prosecution of suspended Chief of
Police, National Police Commissioner Jackie Selebi. Pikoli is now
awaiting the release of the report of the Ginwala Inquiry, which
has been completed and is believed to have vindicated him. He said
on Monday that the Ginwala report was now in the hands of the
president, but neither he nor his lawyers had access to it yet.
Pikoli made this disclosure in an interview on SAfm Radio's
After Eight Debate. - IOL
website
Pikoli reinstatement could speed up Selebi case - 11 November
Inkatha Freedom Party (IFP) spokesperson on Safety and Security,
Velaphi Ndlovu, says the speedy reinstatement of suspended
National Prosecuting Authority (NPA) head, Vusi Pikoli, will
assist in finalising the case against suspended police chief,
Jackie Selebi. - SABC News
website
Pikoli cleared of accusations - 7 November
Suspended prosecuting boss Vusi Pikoli could be back at work as
early as this month. The Mercury has learnt that former
National Assembly Speaker Frene Ginwala has cleared him of
government claims that he is not a "fit and proper" person for his
position. But, while recommending that Pikoli be reinstated to his
former job, Ginwala is understood to be critical of the national
director of public prosecutions, finding that he was not sensitive
to national security and other interests when making prosecutorial
decisions. - IOL website
Pikoli's lawyers want access to Ginwala report - 7 November
SABC News website
Pikoli report still unseen - 10 November
It is up to the president to decide what to do with the report
on suspended prosecutions head Vusi Pikoli's fitness to hold
office, the Ginwala Inquiry said on Monday. -
IOL website
Politics
Motlanthe can't stay, says Zuma - 13 November
ANC President Jacob Zuma has given the strongest indication yet that
he wants to be the president of South Africa. Answering questions at
an ANC lunch with editors in Johannesburg on Tuesday, Zuma said
there was no debate within the ANC on whether Kgalema Motlanthe
should be allowed to continue in his role as president. Zuma made it
clear that there was an ANC resolution, made at the party's
Polokoane conference, that the president of the ANC will also be
president of the country. "That (resolution) has not been changed".
- IOL website
Safety and Security
New crime policy a damp squib - 13 November
Newly-appointed Safety and Security Minister Nathi Mthethwa was
welcomed as a conquering hero by former colleagues in Parliament
on Wednesday when he briefed legislators on his plans to combat
the country's high crime rate. But the highly anticipated event -
billed as the unveiling of a new safety and security policy -
turned out to be a damp squib. -
IOL website
No action on cops' inept legal unit
- 9 November
A damning report that cost R7.5-million and revealed wasted legal
costs, poor decision-making and mismanagement by a top police
department has been left to gather dust for almost two years.
The results of the investigation into the running of
the legal services department, which handles the police's
legal claims, were given to former safety and security minister
Charles Nqakula 18 months ago, with a recommendation that urgent
action be taken.
But Nqakula, who was redeployed in the cabinet
reshuffle in September, failed to act.
And it is unclear whether the new minister, Nathi
Mthethwa, is aware of it, and parliament's
safety and security portfolio committee know nothing about it.
- The Times
website
Sport and Recreation
Watson faces action by civil rights group - 13 November
Luke Watson's legal woes may not be over if civil rights group
AfriForum proceeds with plans to take him to the Equality Court.
AfriForum's Kallie Kriel announced on Wednesday that it had tasked
its lawyers with preparing a legal bid to take Watson to the court
to account for allegedly claiming that SA Rugby was being run by
"a bunch of Dutchmen", or for using "words to that effect". -
IOL website
Red tape puts ball in Saru's court - 12 November
The presiding officer in the Luke Watson disciplinary matter says
that while the SA Rugby Union (Saru) could technically still
proceed with charges against the controversial flanker, it would
not be prudent to do so because of the principle in South African
law that guards against retrospectivity. Attorney Nape Dolamo
confirmed that Watson's disciplinary hearing had not been properly
constituted and that he could not therefore proceed with hearing
the case against the rugby player. "The ruling is that the
disciplinary hearing was not properly constituted, and on that
basis, it could not proceed. - IOL
website
Ruling on Watson's case - 11 November
Charges against controversial loose forward Luke Watson has been
dismissed, after the South African Rugby Union failed to show that
the presiding officer in the matter had the authority to hear the
case in the first place. - IOL
website
What about Matfield, White and Krige? - 11 November
Controversial rugby forward Luke Watson's legal team accused the
South African Rugby Union on Tuesday of acting "inconsistently,
selectively and arbitrarily" by deciding to discipline him while
turning a blind eye to controversial comments made by other
players, coaches and officials. Watson, who is represented by two
top advocates, Jeremy Gauntlett SC and Matthew Blumberg, was to
face a two-day hearing for alleged breach of Saru's code of
conduct. Saru will be represented by advocate Jeremy Muller SC. -
IOL website
Watson will never play for the Springboks again - 12 November
Luke Watson says he will never play for the Springboks again if
they continue to use the Springbok as the national emblem
representing the South African rugby team. -
Lions dash Tour website
Taxation Law
The fight club - 14 November
At the swanky Johannesburg Country Club last week, Dave King
painted a beguiling picture of a Scottish immigrant, who arrived
in SA in 1976 with only R170 and raised himself by his bootstraps,
only to be slapped down by a bloodthirsty tax authority seeking a
high-profile scalp. Facing SA's biggest tax claim of R2,3bn (R913m
in personal tax and R1,4bn for his trust, Ben Nevis), King has
already spent R150m on silk-tongued lawyers like Gilbert Marcus.
There is a view that King represents the worst that "buccaneer
capitalism" has to offer SA, that those who sail the market
believe they can take liberties without being held accountable. -
Financial Mail
website
Keyphrases :
Charles Edwards
Charles Myburgh
Gary Porritt
Gerhardus de Clercq
Graham Maddock
J Arthur Brown
Jack Milne
Jeff Levenstein
Judge Geraldine Borchers
Judge Ronnie Bosielo
Judge Willem van der Merwe
Roger Kebble
Sue Bennett
Excerpt :
"Statistics in an NPA report suggest commercial crimes are being
prosecuted. Last year, 1 844 cases were enrolled for trial by the
specialised commercial crimes unit (up from 2003's 625 ) and there
was a 94% conviction rate"
Tax season 2008 : Churchill Masindi, SARS - 12 November
Interview with Geoff Candy. Tax season is back, and this year SARS
has a few surprises up its sleeve, as it endeavours to make paying
tax slightly easier for us mere mortals. We caught up with SARS
representative Churchill Masindi to find out exactly what has
changed, and what potential payers need to know. What better way
to start than "Who actually has to pay tax this year?". -
Moneyweb website
Sars creates new type of taxpayer - 11 November
Upcoming new income tax legislation has dispensed with the
hitherto "safe harbour" option available to provisional tax
payers. The change contained in the
Revenue Laws Second
Amendment Bill No 81 of 2008, tabled before Parliament
October 21 2008 is "significant". All companies and, in general,
most trusts are provisional taxpayers, while individuals who
receive passive income (interest, dividend or rental income) in
excess of R20 000 a year also become provisional taxpayers. -
moneywebtax website
Amendments to Draft
Revenue Laws Amendment Bill of considerable benefit to
small business - 21 October
Most of the amendments contained in the Revenue Laws Amendment
Bill, released in Parliament yesterday, went a long way toward
meeting its aim of simplifying the tax regime to make it more
accessible to the man in the street. This was the reaction of
Muneer Hassan, project director : tax at
the South African Institute of Chartered Accountants (SAICA). -
itinews website
Trade and Industry
SA actively seeks to promote export, trade in services : Davies
- 12 November
With services and trade in services becoming "increasingly
important" in developed and developing countries, South Africa was
actively trying to promote export and trade in services in
addition to the export of goods, Deputy-Minister of Trade and
Industry Dr Rob Davies highlighted on Wednesday. "Linked to the
microelectronic revolution, and the rise of information
communications technology and of knowledge-based industries,
services have emerged at the forefront of most economic activity,
including shaping and reshaping both production and trade in
traditional and secondary sectors," commented Davies. -
Creamer Media's
Engineering News website
Eight nations warn EU over biofuel barriers - 6 November
Eight developing countries warned the European Union on Thursday
they could file a World Trade Organisation complaint over what
they see as unfair barriers being raised against their biofuels. A
draft letter seen by Reuters called on the EU to refrain
from agreeing legislation that would instruct developing nations
on which parts of their territory they could use for biofuels. -
Creamer Media's
Engineering News website
Western Cape
How will we eat, ask township taverners - 12 November
Legal and illegal shebeen owners say the clause in the
Western Cape Liquor Bill,
stipulating shebeens should not be allowed to sell alcohol in
residential areas, should never have been passed in the
legislature. - Cape Argus
website
Province passes stern new liquor bill - 12 November
The Western Cape provincial parliament has passed the provincial
Liquor bill which promises revolutionary ways of dealing with
the sale, supply and regulation of alcohol. Now it's up to
premier Lynne Brown to sign the bill into law within 45 days. -
Cape Argus website
Row as 131 cops get driving ban - 11 November
A row is brewing between police top brass and its officers over a
hardline accident policy which has seen 131 officers' driving
privileges suspended since April. The officers have complained the
policy is hampering their ability to do their job, while
management is adamant it would cut down on accidents. Established
last October, the station-wide Motor Vehicle Collision and Damage
Committee aims to ensure that provincial police commissioner
Mzwandile Petros, as the accounting officer of the province,
implement measures to ensure the effective, efficient and
economical use of assets. -
Cape Argus website
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Africa
Africa dismayed at exclusion from crisis summit - 12 November
Africa is suffering from the credit crisis and should be better
represented at a summit of major economies called to debate reforms
to the global financial order this weekend, senior African officials
said on Wednesday. The African Development Bank revised down its
forecast for economic growth on the continent this month as
governments brace for a slowdown in donor aid, exports and
remittances from Africans living in wealthier countries. The rapid
effect on Africa of what started as a US banking crisis proves
national economies are inter-linked as never before, said delegates
at a meeting of African finance ministers and central bank heads in
Tunis. - Creamer Media's
Engineering News website
Namibia
Land
ownership multi-faceted - 5 November
The hunger for land in Namibia is not primarily rooted in the desire
to farm, but rather because ownership of a piece of land means you
have a home from which you cannot be chased, a panel discussion on
land reform found on Thursday. The launch of a book on the land
question in Namibia, 'This is my land' by Namibian author
Erika von Wietersheim was followed by a panel discussion, which
clearly showed that land ownership is an emotional issue for
previously disadvantaged people and linked to traditional beliefs
about security. - allAfrica
website
Swaziland
News release from Southern African Litigation
Centre
15 October 2008
Independence of
Judiciary and Electoral Board under threat in Swaziland
The High Court of
Swaziland has commenced sitting for three days to hear one of
the most important constitutional case since the Constitution
was enacted, said Priti Patel, Acting Director of the Southern
Africa Litigation Centre.
The applicant, the
Swaziland Coalition of Concerned Civic Organisations (SCCCO) is
arguing that the Electoral Board itself and a number of its
individual members are not independent as mandated by the
Constitution.
Patel said
: "In light of the election
fiascos we have seen in the last year with Zimbabwe and Kenya
which were due in large part to the failure of the rule of law,
this challenge is critical to ensuring free and fair elections
and adherence to the rule of law in Swaziland".
This case has a
far reaching impact beyond the independence of the Electoral and
Boundaries Commission. One of the central issues in the case is
whether His Majesty, King Mswati III, is bound by the
Constitution of Swaziland. The Swazi Government has argued that
as the members of the Electoral Board were appointed by His
Majesty, King Mswati III, the courts have no role to question
the decisions made by the King.
Musa Hlophe, the
SCCCO's Coordinator said
: "If that is the case then the
Constitution is window dressing set up to fool the international
community. We urge the judges to strike a blow for judicial and
formal independence and recognisable constitutionalism in
Swaziland".
The SCCCO formed
in 2003 and represents a wide range of civil society groups in
Swaziland. SALC is assisting them in this matter.
Judge
Mbutfo drops ebc case - 12 November
Another High Court Judge Mbutfo Mamba has recused himself from
sitting as a member of the High Court full bench that will listen
to the matter involving the Swaziland Coalition of Concerned Civic
Organisations (SCCCO) and the Elections and Boundaries Commission
(EBC). Judge Jacobus Annandale was first to recuse himself as a
member of the High Court full bench on grounds that one of the
respondents, Chief Gija, was his chief and could not, therefore,
sit to adjudicate the matter. -
Times of Swaziland website
Judges slammed for refusing to hear EBC case - 12 November
The Swaziland Coalition of Concerned
Civic Organisations (SCCCO) has expressed concern at the last
minute recusal of High Court Judge Justice Jacobus Annandale from
the high profile case involving the Elections and Boundaries
Commission (EBC). -
The Swazi Observer website
Uganda
Opposition writes to Law Society - 12 November
Opposition members of Parliament have written to the Uganda Law
Society (ULS) seeking their help in guarding Parliament which they
say has been abused by the Executive. The shadow Attorney General,
Mr Erias Lukwago, said in a letter to
the President of the ULS, Mr Oscar Kihika, that the lawyers should
help protect the sanctity of Parliament. "The
public is eager to know what the society, as a vanguard and
defender of the law, are doing, if we will contemplate taking the
matter to the Constitutional Court",
the letter reads. Mr Kihika told Daily Monitor yesterday
that the Law Society instituted a team that studied how the
Parliamentary proceedings were conducted. He said the team
finished its work over the weekend and its recommendations will
help the Law Society come up with a formal position to be
communicated through a formal statement today. -
Daily Monitor website
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Australasia
Australia
Australian jailed for euthanasia - 12 November
A 60-year old Australian woman, Shirley Justins, has been
sentenced to spend her weekends in jail for nearly two years for
killing her partner. Ms Justins had believed she was doing what
Graeme Wylie wanted but knew he lacked the capacity to decide
whether to take his own life, the judge said. He accused her of
being "selfish and cruel" for denying Mr Wylie's daughters the
chance to say goodbye in 2006. Mr Wylie had been rejected for a
legally assisted suicide. Supreme Court Justice Roderick Howe told
the Sydney court he did not see the trial as a test case for
euthanasia. -
BBC News website
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Europe
EU
EU plans
more credit rating rules - 12 November
Plans to introduce tougher regulation of credit rating agencies (CRAs)
are set to be announced by the European Commission. The move comes
after CRAs were blamed for playing a major role in causing the
continuing global credit crunch. -
BBC News website
Italy
Google executives face trial - 6 November
An Italian prosecutor has ordered four former and current Google
officials to stand trial on charges related to a video of a
taunted youth with Down syndrome posted on its Italian Web site,
court sources said yesterday. The prosecutor, Francesco Cajani,
ordered the defendants to appear in a Milan court on 3 February to
face charges of defamation and failure to exercise control over
personal data, the sources told Reuters on condition of anonymity.
- ITWeb website
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United Kingdom
Freedom of Expression
Daily Mail chief Paul Dacre criticises BBC growth and privacy
rulings - 10 November
The Daily Mail editor-in-chief, Paul Dacre, used a rare
public speech last night to attack BBC expansion and the rulings
of a leading high court judge, which he claimed were introducing
privacy laws via the back door. Opening the annual Society of
Editors conference in Bristol, Dacre made an impassioned defence
of the popular press and said that the unchecked growth of the BBC
had abetted the collapse of ITV's news services. However, Dacre
saved his most stinging attack for the high court judge, Justice
David Eady, who he said was harming the British press by imposing
a privacy law, with "arrogant and amoral judgments". -
Guardian [UK] website
Private man who 'dislikes bullies and hypocrites' - 11
November
It is, perhaps, appropriate that the judge accused of trying to
introduce a privacy law by the back door has a reputation for
being a very private man himself. While some barristers
specialising in media law, such as the late George Carman QC,
enjoyed the limelight that came with such cases, the 65-year-old
Sir David Eady has never courted publicity. -
Guardian [UK] website
Lawyers' riposte to Mail editor : this act protects everybody
- 11 November
Senior lawyers hit back yesterday at the editor of the Daily
Mail, Paul Dacre, after he railed against the "wretched"
Human Rights Act
and a high court judge whose judgments he described as "arrogant
and amoral". - Guardian
[UK] website
QCs defend Justice Eady as newspapers accuse him of privacy law
rulings - 11 November
Four leading Queen's Counsel have made an unprecedented defence
of the judge accused by newspaper chiefs of singlehandedly
creating a privacy law. In a letter to The Times, the
four top defamation silks reject claims that Mr Justice Eady is
on a one-man mission to introduce a privacy law by the backdoor.
The letter is signed by Desmond Browne, QC (chairman-elect of
the Bar Council), Adrienne Page, QC, Andrew Caldecott, QC, and
Richard Rampton, QC, who between them have acted in most of the
high-profile libel cases of recent years. -
The Times
website
Lord Falconer springs to defence of Mosley judge after privacy
attack by Paul Dacre - 10 November
A former Lord Chancellor rode to the rescue today of the High
Court judge accused by a leading newspaper editor of creating a
privacy law by the back door. Paul Dacre, editor of the Daily
Mail, in a scathing attack, said the "arrogant
and amoral" judgments of Mr Justice
Eady were "inexorably and insidiously"
imposing a privacy law on British newspapers. But Lord Falconer
of Thoroton, one of the New Labour architects of the
Human Rights Act 1998,
said the judge was legitimately interpreting a law which had
been passed by Parliament. -
The Times
website
Decisions of the 'privacy law judge' - 10 November
BBC News website
An
'excellent' speech : 'Dacre is right on privacy (even where he
is wrong)' – 10 November
The Daily Mail editor Paul Dacre has argued in a speech
to the Society of Editors that the judges are using the
Human Rights Act
to limit journalists' ability to report on 'private' issues such
as Max Mosley's prediliction for uniforms and spanking. It is an
excellent and entertaining speech that ranges widely across his
career, the nature of journalism, and the legal problems faced
by popular newspapers such as the Mail. His particular
focus is on Justice David Eady, who has been hearing some
crucial cases on privacy. Dacre argues that Eady is effectively
bringing in a privacy law via his interpretations of the
Human Rights Act.
This article was originally published as a blog post on Charlie
Beckett's blog. Charlie Beckett is the director of POLIS. –
Online Journalism News
website
The editor's dilemma - 10 November
Debate on the issue of privacy is vital – but there's a conflict
at the heart of Paul Dacre's position. - Henry Porter's blog on
the Guardian [UK]
website
Britain's secular religion - 10 November
At risk of sounding like a toady, the Daily Mail editor Paul
Dacre was absolutely right to tear into Mr Justice Eady. -
Melanie Phillips on the
Spectator website
@ Society of Editors : 'The Sunday
Express is owned by a pornographer, who is contemptuous of
journalists' - 9 November
Paul Dacre, editor of the Daily Mail, opened the annual Society
of Editors conference today with a barnstorming, take no
prisoners, speech. It was so long and covered such ground that
it could have made for at least half-a-dozen headline grabbing
stories. Here are a just a few of the additional topics that he
touched on during his hour long presentation. -
Guardian [UK] website
Health and Medicine
Girl wins right to refuse heart - 11 November
A terminally ill girl has won the right to refuse treatment after
a hospital ended its bid to force her to have a heart transplant.
Herefordshire Primary Care Trust (PCT) dropped a High Court case
after a child protection officer said Hannah Jones, 13, was
adamant she did not want surgery. Dr Tony Calland, chairman of the
British Medical Association's ethics committee, said a child of
Hannah's age was able to make an informed decision to refuse
treatment. He said the House of Lords had ruled in the 1980s that
a child who understood the issues and consequences could be
considered legally competent. It followed the case of Victoria
Gillick who took her health authority to court claiming she should
be informed if her daughters were prescribed contraception. -
BBC News website
13-year-old refuses life-saving heart transplant - 12
November
Jones's story raises many difficult medical and ethical
questions : Should it be the child's
or the parent's decision to refuse medical treatment? When are
children old enough to take responsibility for their own medical
treatment? What happens if medical opinion goes against a young
patient's -
or a parent's -
decision? - SFGate
website
See also :
17 October 1985
[1985] UKHL 7
Gillick v West Norfolk & Wisbech Area Health Authority
Court action over woman's year-long forced hospitalisation - 6
November
A South African woman, who has been detained in a Cork hospital
for almost a year with a suspected strain of drug-resistant
Tuberculosis (TB) is at the centre of a habeas corpus
application to the High Court for her release. The Irish Times
has learned that the woman has been held in the hospital under
Section 38 of the Health Act, 1947 since December 11th 2007. The
Act provides for the ongoing detention and segregation of a person
who cannot be cared for in their home and who is a probable source
of infection to be detained, "in a specified hospital or other
place until medical officer gives a certificate that such person
is no longer a probable source of infection". -
Irish Times website
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United States
Miscellaneous
Naked
Halloween hijinx or crimes against society? - 11 November
A dozen Boulder streakers wearing nothing but pumpkins on their
heads may have to register as sex offenders for the prank. The Naked
Pumpkin Run has become a Boulder tradition over the past decade. It
is one of the quirky things that makes Boulder the odd haven that it
is. Organizers have a website, and the "run" was even listed in
advance in the local newspaper. This year -
without adequate warning, in our opinion -
police decided to bust a handful of the approximately 100 runners.
For years, they had looked the other way. We hope the court system
injects a measure of common sense into the situation. Drop the
charges or plead them down. Don't wreck the lives of these revelers
in order to make a point. -
Denver Post website
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International
Was
Armistice flawed? - 12 November
The armistice deal signed on 11 November 1918 brought yearned-for
relief to Western Europe. But the same pact has been blamed for the
return to conflict in Europe only 20 years later. Does the deal
deserve the criticism, asks Professor Gerard De Groot of the
University of St Andrews. - BBC
News website
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