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News
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
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www.constitutionalcourt.org.za
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http://www.saflii.org/za/cases/ZACC/
18 November
2008
CCT 15/08 [2008] ZACC 20
M Weare and Another v J S Ndebele NO and Others
Keyphrase :
KwaZulu-Natal Regulation and
Betting Ordinance 28 of 1957
KZN gambling laws given the green light - 19 November
Gambling legislation in KwaZulu-Natal - which dictates that
bookmaking licences can only be held by individual people, and not
companies - has been given the thumbs-up by the Constitutional
Court. In a unanimous decision, the court ruled on Tuesday that the
law under attack regulated gambling, which was a legitimate
government purpose. -
Sunday Times website
High Court judges, equality law and the Constitutional Court -
18 November
Do High Court judges all take the time to read the judgments of the
Constitutional Court,? If they do, why do some of them seem so
clueless about the jurisprudence of the highest court in the land? I
ask, because today the Constitutional Court handed down judgment in
Weare and Another v Ndebele and Others, refusing to
confirm an order of the Pietermaritzburg High Court. The High Court
had declared invalid a KwaZulu/Natal ordinance which prohibits a
juristic person (that is a company or other legal entity) from
holding a license to carry on the business of bookmaking. -
Constitutionally
Speaking blog
Court postpones Moutse hearing - 18 November
The Constitutional Court on Tuesday postponed a hearing on the fate
of Moutse's possible return to Mpumalanga from Limpopo after hearing
that the new local government minister wanted to go back to
residents for further consultation. The courted ordered that they
return on March 17 next year, and that the Minister, Sicelo Shiceka,
tell the court before then what he had done to meet their demand to
be heard. - Mail & Guardian
website
Further consultation wanted for Moutse - 18 November
The minister of local government intends having another round of
consultations with Moutse residents on the unpopular transfer of the
area to Limpopo, the Constitutional Court heard on Tuesday. During
their application to the court the Moutse Demarcation Forum and 14
other applicants wanted to repeal the laws that made the move
possible on the grounds that they were not adequately consulted, and
that decision to move them was irrational. -
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/
21 November 2008
664/07 [2008] ZASCA 131
Withok Small Farms (Pty) Ltd v Amber Sunrise Properties Ltd
Sale by public auction – 'Agreement and Conditions of Sale' signed
by purchaser – seller given 7 days to 'confirm' sale – not a sale
subject to a condition but an offer to purchase open for 7 days –
'Agreement and Conditions of Sale' making provision for seller to
sign on date to be specified – contract coming into existence when
seller signs – no need for acceptance to be communicated to
purchaser
Not yet online
Mbeki
to speak in court on Zuma appeal - 19 November
Former State President Thabo Mbeki will get 30 minutes to address
the Supreme Court of Appeal on why he should be allowed as a party
in the State's Jacob Zuma appeal
hearing.
The Supreme Court of Appeal (SCA) decided yesterday
that Mbeki's application would be heard
simultaneously with the appeal of the National Director of Public
Prosecutions (NDPP) on November 28. -
Dispatch Online website
NPA does damage control - 19 November
The National Prosecuting Authority (NPA) on Wednesday sought to
clarify recent statements made by acting National Director of
Public Prosecutions (NDPP) Mokotedi Mpshe. In a statement on
Wednesday, the NPA said Mpshe's interview was a reflection of his
first year since he took over after the suspension of NDPP Vusi
Pikoli. - IOL website
ANC condemns remarks of South African prosecuting authority chief
- 19 November
South Africa's ruling African National Congress is expressing its
displeasure with the National Prosecuting Authority in what it
described as its casting aside all pretence of professionalism or
political neutrality in the corruption case against the president
of the party. This comes after the chairman of the prosecuting
authority suggested in an interview that the agency's case against
the ANC leader has become difficult to handle due to its political
nature. Mokotedi Mpshe said the judge who recently threw out the
corruption charges against ANC leader Jacob Zuma, citing political
manipulation was wrong in his ruling. From the capital, Pretoria,
South African political analyst Somadoda Fikeni tells reporter
Peter Clottey that the ANC is treating the remark as supporting
its long held view that Zuma is being subjected to political
persecution. - Voice of America
website
See :
Statement issued by the African National Congress Secretary
General - 18 November
Politicsweb website
Sea Point residents win SCA appeal over blocked view - 18
November
Residents whose views are obstructed by high-rise buildings -
especially on prime beachfront properties - now have legal
recourse after the SCA ruled in favour of two Sea Point residents
who objected to the construction of their neighbour's
double-storey house. -
Legalbrief website
Residents win appeal about blocked view - 18 November
Residents whose views are obstructed by high-rise buildings -
especially on prime beachfront properties - now have legal
recourse as a Supreme Court of Appeal has ruled in favour of two
Sea Point residents who objected to their neighbour's construction
of a double-storey house. This comes despite the city council's
zoning scheme regulations allowing the building of a triple-storey
house in the area in question. -
IOL website
See :
14 November
2008
719/2007 [2008] ZASCA 130
City of Cape Town v Reader
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Labour Courts
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http://www.saflii.org/za/cases/ZALC/
Health department ordered to pay - 17 November
The Labour Court has declared unlawful deductions from the nurses'
salaries, health sector unions said on Monday. In a ruling on
Saturday, it ordered the health department not to make any further
deductions and to pay back any money already deducted, the National
Education Health Allied Workers' Union (Nehawu) said in a statement.
The deductions were made for what the department viewed as wrongful
payments and overpayments made when the Occupational Specific
Dispensation (OSD) for nurses was being put into effect, said Nehawu
spokesperson Sizwe Pamla. - IOL
website
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Land
Claims Court of South Africa
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www.law.wits.ac.za/lcc/
4 June 2008
LCC06/07 [2008] ZALCC 11
Moller and Others v Nhatladisha and Others
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
; Court rolls at
http://www.saflii.org/blog/?page_id=134
12
November 2008
9934/2005 [2008] ZAWCHC 62
Manong & Associates (Pty) Ltd v City Manager, City of Cape Town
and Another
29 October 2008
12478/2008 [2008] ZAWCHC 61
Mare v Plettenberg Bay / Bitou Municipality and Others
Journalist asks court for files - 19 November
Investigative journalist Stefaans Brummer has lodged an urgent
Cape High Court application against the Minister of Social
Development to compel him to hand over documents relating to a
multi-million-rand tender to dispense social grants on behalf of
the government. The court documents include correspondence between
Minister for Social Development Zola Sweyiya and IT Lynx
Consortium, which was awarded the tender before it was
cancelled. - IOL website
Ex-schoolboy sues Saru - 19 November
23-year-old Charles Oppelt who was left paralysed after his spine
was injured during a scrum in a rugby match is now suing the SA
Rugby Union (Saru), the Boland Rugby Union and the Mamre Rugby
Club for R9-million. Oppelt is also suing the head of the Western
Cape Health Department for alleged negligent medical attendance,
which is included in the R9m claim. The Cape High Court action
stems from a home game Charles Oppelt played as a member of the
Mamre Rugby Club in 2002, when he was 17 years old. -
IOL website
Restaurant sued for R1m - 18 November
A
Milnerton, Cape Town, businesswoman is suing the Blowfish
Restaurant in Bloubergstrand for more than R1-million in damages
for neck and back injuries she received when a tent canopy pole
fell on her while she was having lunch. The parties went to court
on Monday because the restaurant, at the Dolphin Beach Hotel, had
brought an application for Bernice van Eck to provide certain
documents relating to her claim. The application was withdrawn,
however, because Van Eck had complied with the restaurant's
request for more information. The restaurant denied having been
negligent. It said in papers that if the court was to find it had
been, then Van Eck had also been negligent. Van Eck had
"contributed to her own injury . . . by
failing to keep a proper lookout for any sign of the pole
falling", it said. The restaurant was not liable for any injuries
because there was a sign at the door warning customers they would
"enter at own risk". -
IOL website
'Cop had access to counselling' - 14 November
Commissioner John Strydom, who heads the province's visible
policing unit, denied the claims, saying all police officers had
access to medical aid, which meant they could get private
counselling. - IOL website
Police let ex-colleague down, says lawyer - 14 November
Marius van der Westhuizen, a former police officer from
Brackenfell, Cape Town, who shot his three children, was a good
person who was failed by the police system, because he did not get
psychological care for post-traumatic stress, his lawyer Milton de
la Harpe told the Cape High Court. -
IOL
website
Killer cop's wife gives evidence - 13 November
Charlotte van der Westhuizen, mother of two of the three children
shot dead by their own father, was called back to the witness
stand for further cross-examination, after she had already endured
six days of intense questioning by defence attorney Milton de la
Harpe.
On trial for the triple slaying before Judge Willem
Louw and assessor M Powell is the father of the three children,
senior police officer Marius van der Westhuizen. -
The Times
website
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Durban and Coast Local
Division -
http://www.saflii.org/za/cases/ZAKZHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
14 November 2008
3305/2003 [2008] ZAKZHC 88
Ameer v Road Accident Fund
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Eastern
Cape Division
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http://wwwserver.law.wits.ac.za/echc/index.php
;
http://www.saflii.org/za/cases/ZAECHC/
Court orders Bhisho to publish bulletin of teaching posts - 18
November
The Eastern Cape education department has been ordered to publish
all vacant teaching posts in the province by the end of January.
The order against the department was granted to the
Suid-Afrikaanse Onderwysersunie (SAOU) by the High Court in Bhisho.
SAOU provincial secretary Barbara van der Walt said there could be
hundreds of vacant posts which the department had failed to fill
over a four-year period. As a result a substantial number of
graduates were leaving to work in other province because they
could not find jobs in the Eastern Cape. -
Herald Online website
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Natal
Provincial Division
-
http://www.saflii.org/za/cases/ZAKZHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
Shaw 'has no money' - 21 November
Shane Mathews, the defence advocate for murder accused Hilton
Crawford Shaw of Nottingham Road, on Thursday indicated to the
court that he may withdraw from the case. Mathews said the
instructing attorney was unable to place him in funds and he would
have no option but to withdraw if the issue was not addressed. At
his bail application in 2008, it was revealed that Shaw had no
fixed assets, as he was declared insolvent some time before and
all property, bank accounts and other assets were therefore under
his wife's name. - IOL website
Intruder killed my wife : Hilton Shaw - 17 November
Hilton Shaw, charged with the murder of his wife, Susan, on June 3
last year, suspects she was attacked by an intruder, according to
a statement handed to Pietermaritzburg High Court Judge Vivienne
Niles-Duner and her assessor yesterday. -
The Witness website
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Northern Cape
Division
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http://www.saflii.org/za/cases/ZANCHC/
;
http://www.saflii.org/za/cases/ZAWCHC/
14 November
2008
1271/08 [2008] ZANCHC 63
Carevest 25 BK v Nederduitsch Hervormde Kerk van Afrika,
Kimberley
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North-West Division
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http://www.saflii.org.za/za/cases/ZANWHC/2008/
Johan Nel receives four life terms - 21 November
Johan Nel has been sentenced to four terms of life imprisonment.
Judge Ronald Hendricks handed down sentencing in the Mmabatho High
Court in Mafikeng shortly after noon. He sentenced Nel to life for
each of the four murders he committed - a sentence Hendricks was
earlier warned would cost him his life when he received death
threats.
Superintendent Lesego Metsi, police spokesperson,
confirmed to The Times that Hendricks received 50 threatening
calls on his private cellphone on Wednesday.
Metsi said, the callers, all whites, told Hendricks he
would be killed if he handed down a life sentence. -
The Times website
Could Nell have been stopped earlier? - 21 November
Self-confessed racist murderer Johan Nell is set to face a fresh
charge of attempted murder for an act he allegedly committed five
years ago. He is due to be sentenced on Friday by Mmabatho High
Court Judge Ronald Hendricks. Hendricks is also expected to make
a finding on whether the North West Directorate of Public
Prosecutions made an informed decision when he elected not to
charge Nell for attempted murder five years ago. Nell, who was 13
at the time, was not charged for attempted murder but instead
faced a charge of discharging a firearm in a municipal district
and given a five-year suspended sentence. In court this week,
Judge Hendricks, who is asked to pass a collective sentence of
between of 25 and 30 years, questioned the decision of the
prosecution team not to charge Nell for the 2003 offence. The
judge said the prosecution had failed both Nell and Maboe. -
IOL website
'Don't sentence racist killer to life' - 19 November
Johan Nell - who confessed to killing four black people, including
a three-month-old baby, in a racist attack - should not be
sentenced to life behind bars but to 25 years' jail. This was the
recommendation of Dr Irma Labuschagne, a forensic criminologist,
in the Mmabatho High Court outside Mafikeng on Tuesday.
Labuschagne was giving expert opinion in the trial in which
Nell pleaded guilty on four counts of murder, 11 counts of
attempted murder, and the illegal possession of a firearm and
ammunition. His plea relates to a shooting spree on January 14,
when Nell went to the Skierlik informal settlement in Swartruggens,
North West, and opened fire on residents. -
IOL website
Skierlik killer should get 25 years : psychologist - 19
November
The court heard from another psychologist today who recommended a
sentence of between 20 and 25 years for 19-year-old Nel, who also
pleaded guilty to 11 attempted murder charges. Metsi said the
state was now expected to call its own psychologists to the stand.
The trial is scheduled to end on Friday. -
The Times website
'Nell can change for the better' - 18 November
Skierlik murder accused Johan Nell could repent and live a normal
life, criminologist Irma Labuschagne told SABC news on Tuesday.
"Although a long-term jail sentence is most appropriate, Nell can
change for the better if offered proper rehabilitation,"
Labuschagne told the broadcaster. -
IOL website
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Transvaal
Provincial Division
-
http://www.saflii.org/za/cases/ZAGPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=134
14 November
2008
A1031/06 [2008] ZAGPHC 345
Commissioner for the South African Revenue Service v Duro
Pressings (Proprietary) Limited
14 November 2008
A271/2007 [2008] ZAGPHC 344
S v Mkentani
14 November 2008
47899/2007 [2008] ZAGPHC 343
Prokuresorde van die Noordelike Provinsies v Langerak
Hemp farmer to sue cops for R2,6m - 21 November
A cannabis farmer who grew the weed to cultivate strands for
possible industrial use, is claiming R620 000 in damages from the
police after he was "unlawfully arrested" for possession of the
plant. The farmer had claimed that he in fact had a permit to be
in possession of 1,2 tons of seeds. A second claim for R2-million
in damages against the police is expected to be served before the
Pretoria High Court at a later stage by Russell de Beer after he
claimed he had lost his crops and his business had collapsed
because of the conduct by the police. -
IOL website
Scorpions to sting ex-Limpopo premier - 20 November
ANC heavyweight and former Limpopo premier Ngoako Ramatlhodi will
face charges of corruption. This was confirmed on Wednesday night
by National Prosecuting Authority spokesperson Tlali Tlali, who
said : "The Scorpions took a decision to prosecute Mr Ramatlhodi. Tlali
would not elaborate on the nature of the charges at this stage,
other than to confirm that they involved alleged corruption.
Ramatlhodi, a member of the ANC's national executive committee,
earlier applied to the Pretoria High Court for the second time to
be admitted as an advocate. - IOL
website
Judge orders DNA tests - 20 November
A Pretoria High Court judge on Wednesday said that there were
times when truth prevailed over the rights of privacy. He then
ordered a mother to submit herself and her one-year-old daughter
to undergo DNA tests to determine who the child's biological
father. The applicant brought an application against his former
girlfriend to subject her and her daughter to DNA tests. The man
said if the DNA tests established that he was the biological
father, then he was entitled to full parental rights and
responsibilities. The woman stated that she was taken aback by the
applicant's refusal to acknowledge that he was the father and as
her new husband was keen to accept the child, she told the
applicant that he was not the father and thus had no
responsibilities towards the child. -
IOL website
Mother tackles social worker - 19 November
Despite
damning reports from a doctor, a dentist and an optometrist who
treated five-year-old Willem*, as well as evidence that the boy
was being cared for by a foster parent, the Pretoria Family
Advocate was adamant that the best place for him was with the man
accused of neglecting him. It used a social worker's report,
allegedly ridden with fabrication and misrepresentation of
evidence, to justify its decision. Now, after a Pretoria High
Court ruled that Willem's mother had no choice but to take him and
awarded her custody of the boy, she has laid a complaint with the
SA Council for Social Service Professions against the state social
worker, Family Advocate adviser Dr Ulrike Schoeman, who
recommended that Willem be returned to his father. -
IOL website
Derby-Lewis hearing to be put on court roll - 18 November
The date for a parole application by Clive Derby-Lewis, who is
serving a life sentence for murder of SACP leader Chris Hani, is
still to be set, his attorney said on Tuesday. Derby-Lewis'
attorney Marius Coertze said the matter was still to be put back
on the "urgent" court roll of the Pretoria High Court. -
Mail & Guardian website
Dey not satisfied with R45 000 - 18 November
Former Hoërskool Waterkloof vice-principal Dr Louis Dey has
launched a counter claim against the three teenagers who were
earlier ordered to pay him R45 000 in damages for portraying him
as gay in a manipulated picture. The teenagers have appealed
against the judgment while Dey has launched a counter-appeal in
which he is complaining that the amount is "shockingly
inappropriate". In papers filed at the Pretoria High Court, Dey
stated that Judge Ben du Plessis erred in only awarding him a
single amount for the two claims he had instituted against Hennie
le Roux, who is still at the school, Christiaan Gildenhuys and
Reinhard Janse van Rensburg. - IOL
website
Birds v Coal : South African court asked to decide - 17
November
Wildlife conservationists have applied to the South African High
Court for a judicial review of permission granted to a
British-South African company to mine coal in the core of one of
South Africa'[s] most ecologically
sensitive natural environments. Conservationists contend the
prospecting rights obtained by Delta Mining, a South African
company, majority owned by London Mining as of October, are
illegal and pose one of the most serious threats to South Africa's
natural heritage for decades. They warn that extraction of coal
from almost 200 square kilometers of the Wakkerstroom/Luneburg
region, an area of wetlands and grassland east of Pretoria, would
destroy habitats used by over 300 bird species. -
Environment News Service
website
British company endangers wildlife paradise - 14 November
The application is being opposed, by both Delta Mining and the
South African Government's Department of
Minerals and Energy. - Birdlife
International website
SA wildlife paradise
"endangered" - 14 November
Delta Mining was awarded prospecting rights for the
Wakkerstroom-Luneburg area in August and November 2007 flouting
sections from the National
Environmental Management Act. The act demands consultation
with interested and affected parties, "which in this case includes
landowners and environment groups, such as BirdLife South Africa,
WWF–South Africa and the Ekangala Grasslands Trust," the group
holds. - afrol News website
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Witwatersrand Local
Division -
-
http://www.saflii.org/za/cases/ZAGPHC/
Judges wait for Hlophe appeal ruling - 17 November
The Johannesburg High Court has reserved judgment on Friday on
applications to appeal against its ruling on allegations made by
Constitutional Court judges against Cape Judge President John
Hlophe. The Concourt judges are seeking leave to appeal against
the court's finding that they were unfair in making public the
allegations against Hlophe. Hlophe is opposing the application,
but has applied for leave to bring a cross appeal should the
judges succeed in their action. -
IOL website
Cape
government to pay man R125 million - 13 November
The Western Cape government paid almost R125-million in damages to
defunct company 3D-ID, following an order by the Johannesburg High
Court. This was confirmed by Social Development MEC Zodwa Magwaza
on Wednesday. Magwaza said the national government (represented by
the National Treasury) and the provincial government (represented
by Social Development) had in a protracted court battle been found
liable for damages to the company which lost a major tender for
fingerprint identification of recipients of social grants in the
Western Cape in 1994. - allAfrica
website
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Regional Courts
Pretoria
McBride to find another legal team - 21 November
The trial date of axed Ekurhuleni metro police chief Robert
McBride, was again postponed in the Pretoria Regional Court on
Friday. This, after McBride's defence team withdrew from the
matter because its legal fees had not been paid by McBride's
former employer the Ekurhuleni Metro Municipality.
Magistrate Peet Johnson postponed the matter to January 26
to allow McBride time to raise funds, and to find another legal
team. - IOL website
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Magistrates Courts
Bloemfontein
Trial date set for Reitz video students - 14 November
The case against four former University of the Free State (UFS)
students, who made a video which placed the university in the midst
of a racial storm earlier this year, will go to trial next year. R C
Malherbe, Johnny Roberts, Schalk van der Merwe and Danie Grobler,
former residents of the now-closed Reitz men's residence on the
Bloemfontein campus, face charges of crimen injuria. They appeared
in the Bloemfontein Magistrate's Court on Friday. The matter was
postponed to August 19 and 20 2009 for trial at the Bloemfontein
Magistrate's Court. - IOL
website
Camperdown
Call to probe past VIP driver incidents - 21 November
A car crash apparently caused by a reckless police bodyguard has
prompted calls for all incidents involving VIP drivers to be
investigated. DA safety and security spokeswoman Dianne
Kohler-Barnard said that the police VIP unit should be investigated
by the Independent Complaints Directorate. -
IOL website
AA
hails VIP man's bail denial as end of
'blue-light bullies'
era - 21 November
The driving conduct of VIP escorts and other police is likely to
come under closer scrutiny after Camperdown magistrate Thys Taljaard's
remarks on Wednesday, says the Automobile Association (AA). -
Herald Online website
Cowboys in VIP unit to face the music - 20 November
KwaZulu Natal's VIP drivers, who have earned notoriety for shooting
motorists out of the fast lane on highways, will be told by the
province's safety and security MEC how far their bad manners may
extend. - IOL website
'Charge bluelight driver too' - 19 November
Ahead of the court appearance of a VIP protection team member of a
KwaZulu-Natal MEC, the Democratic Alliance has called for the
prosecution of "his accomplice". Radley Keys, the party's provincial
spokesperson for transport, said the VIP driver should face the same
charges as the accused because he was an "accessory to the fact". -
IOL website
Cop
nabbed over VIP car shooting - 17 November
KwaZulu-Natal MEC for social development Meshack Radebe's
VIP bodyguard will appear in court today on 12 charges of attempted
murder.
The bodyguard, who cannot be named, was a passenger in a
VIP vehicle travelling on the N3 national highway near
Pietermaritzburg on Saturday, that allegedly caused an accident in
which eight people were injured.
The VIP Volkswagen Golf was speeding and flashing blue
lights behind a black Mazda, with six occupants, heading towards
Durban.
The driver of the Mazda could not pull over as he was
passing a truck.
A guard in the VIP car fired a shot, hitting the rear
tyre, causing the Mazda to careen onto the opposite lane and collide
head-on with a vehicle travelling towards Pietermaritzburg.
- Sowetan website
MEC washes hands of blue light bully - 17 November
News24 website
Outrage after 'blue light' incidents - 17 November
IOL website
Blue-light shooting seen as attempted murder - 15 November
IOL website
'Blue lights are only for emergencies' - 18 November
Only emergencies warrant authorised motorists to use blue lights and
sirens, and to drive at excessive speed on condition that it is safe
to other road users. This is the interpretation of the
National Road Traffic Act
by Automobile Association spokesperson Gary Ronald. -
IOL website
Cape Town
Pen-stabber sentenced - 21 November
A man who
stabbed his former girlfriend's new lover in the face with a pen was
on Thursday sentenced to two years in prison, suspended for five
years. Karel Wilson, 49, appeared before Cape Town Magistrate Phindi
Norman, who said she could "easily send him to Pollsmoor Prison,
then go home with peace of mind". Norman said the attack, in
February in 2007, happened at the Cape Town Family Court, where
Crouse had applied for a Protection Order against Wilson. Norman
said people generally had the mistaken impression that the courts
were reluctant to jail first-time offenders, as Wilson was, but
there was no law stipulating that such offenders could not be
jailed. -
IOL website
Goodwood
The 'plot' thickens - 14 November
A policeman has testified he was told that senior staff in the
office of the Western Cape provincial commissioner were in on a plot
to create a false docket following Tony Yengeni's drunk driving
arrest. In the first day of the trial of the former ANC chief whip
on Friday, it also emerged that Yengeni admitted to drinking when he
was pulled over by police on the night of November 25 last year. -
IOL website
Stellenbosch
Law student's assault put on hold - 18 November
The court case of a final-year University of Stellenbosch law
student alleged to have attacked two young men has been postponed
for further investigation. David Cloete, 23, faces charges of
assault with the intent to do grievous bodily harm. He appeared
briefly in the Stellenbosch Magistrate's Court on Monday, but the
matter was postponed to December to allow more time for police to
investigate. - IOL website
Wynberg
Another airport robber jailed - 19 November
Dumisani Moyo - accused of following an Angolan police commissioner
from OR Tambo International Airport and then robbing him - was
sentenced to 18 years in jail on Tuesday.
Just two months ago the same magistrate,
Renier Boshoff, sentenced Dominic Sebanda
to 30 years for his part in a spate of attacks on tourists arriving
at OR Tambo. In handing down sentence, Boshoff said the attacks on
people followed from the airport gave the country a bad name. -
IOL website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Competition Tribunal
10 November
2008
90/LM/Aug08
Attacq Property Fund Limited v Waterfall Property Development
The Competition Tribunal unconditionally
approved the merger between Attacq Property Fund and Waterfall
Property Development. Attacq will acquire the development rights
in respect of the Waterval development from the Waterval
Development Company
4 November
2008
49/CR/Apr00
The Competition Commission Botswana Ash (Pty) Ltd Chemserve
Technical Products (Pty) Ltd v American Natural Soda Ash
Corporation CHC Global (Pty) Ltd
30 October
2008
96/LM/Aug08
Toyota Tsusho Corporation v Subaru Southern Africa (Pty)
Ltd
The Competition Tribunal unconditionally
approved the merger between Toyota Tsusho Corporation and Subaru
Southern Africa. Toyota Tsusho and Toyota Tsusho Africa will
acquire 30% and 20% of the ordinary share capital of Subaru SA
respectively from Barloworld Motors. On completion of the
transaction Subaru SA will be jointly controlled by Toyota Tsusho,
Toyota Tsusho Africa and Barloworld Motors
22 October
2008
87/LM/Aug08
Absa Bank Limited v Retail Africa Wingspan Investments (Pty)
Ltd
The Competition Tribunal unconditionally approved the merger
between Absa Bank and Retail Africa Wingspan Investments. Absa
will acquire 30% share in Wingspan with minority protection
rights. On completion of the transaction Absa will have joint
control of Wingspan
22 October
2008
83/LM/Jul08
Lexshell 38 General Trading (Pty) Ltd & Clidet No. 832 (Pty)
Ltd v Richtrau No 123 (Pty) Ltd
The Competition Tribunal unconditionally approved the merger
between Lexshell 38 General Trading & Clidet No.832 and Richtrau
No 123. The proposed transaction entails the following
: the increase of Lexshell's
existing 26% shareholding in Richtrau to 40% by means of a
conversion of a loan funding into new shares in Richtrau
; the acquisition by Clidet of 40% of the entire issued
share capital of Richtrau by means of a conversion of loan funding
into new shares in Richtaru. On completion of the transaction
Lexshell and Clidet will jointly control Richtrau and together
will have 80% shareholding in Richtrau
22 October
2008
84/LM/Aug08
Absa Bank Limited v Ballito Junction Development (Pty) Ltd
The Competition Tribunal unconditionally
approved the merger between Absa Bank and Ballito Junction
Development. Absa will increase its shareholding in Ballito
Junction from 50% to 100%. On completion of the transaction Absa
will hold 100% of the entire issued share capital of Ballito
Junction
20 October
2008
98/LM/Sep08
Aveng (Africa) Ltd v Keyplan (Pty) Ltd
The Competition Tribunal unconditionally approved the merger
between Aveng (Africa) and Keyplan. Aveng Africa will acquire 100%
of the issued share capital in Keyplan. Post transaction Keyplan
will continue to operate as a separate stand-alone subsidiary
within the Aveng Group of Companies
Competition Appeal Court
12 November 2008
78/CAC/Jul08
Clover Industries Ltd Clover SA (Pty) Ltd v
The Competition Commission,
Parmalat (Pty) Ltd, Ladismith Cheese
(Pty) Ltd, Woodlands Dairy (Pty) Ltd,
Lancewood (Pty) Ltd, Nestlé SA (Pty) Ltd,
Milkwood Dairy (Pty) Ltd
S Africa dairy price-fixing appeal rejected : paper - 18
November
South Africa's Competition Appeal Court rejected an appeal by
several dairy groups to have a case of alleged price-fixing
against them thrown out, daily Business Day reported on Tuesday.
The case involves Nestle SA, a unit of the world's largest food
group Nestle, Parmalat, Clover Industries, Ladismith Cheese and
Lancewood. The firms face charges of fixing prices the prices of
milk and processed diary products as well as exchanging
information and abusing exclusive supply agreements with
producers. - Reuters website
23
September 2008
69/CAC/Mar07
Johnnic Holdings Limited Mercanto Investments v The Competition
Tribunal The Competition Commission Rupert Smith
Sound
regulatory frameworks critical to increased competition - 20
November
Sound regulatory frameworks will be critical in improving
competitiveness once South Africa completes the infrastructure
upgrades to many key sectors including the telecommunications
industry, says Deputy Director General in the Presidency, Alan
Hirsch. Addressing the Annual Support Programme for Accelerated
Infrastructure Development (SPAID) conference on Thursday, Mr
Hirsch said the signs for effective regulation within industries
were positive at the moment. "This is a very exciting time in
South Africa. We are building roads, airports, harbours,
commercial railway stations, commuter railroads, dams and wireless
networks. However, we have to ensure that the necessary regulatory
frameworks are in place [to deal with increased competition in the
various industries such as energy, water and telecoms]".
Regulatory bodies such as the National Energy Regulator of South
Africa, the Competitions Commission, and the Independent
Communications Authority of South Africa (ICASA) are vital to
maintaining fair practice and competition within these sectors in
the economy. - BuaNews Online
website
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Government
and Legislation
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South
Africa Government Information
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http://www.gov.za
;
http://www.polity.org.za
Statements and
Speeches
20 November
2008
African Farm Management (AFM) partnership with restitution
beneficiaries under review
18 November
2008
Minister of Finance Trevor A Manuel on the world economy in
crisis, Republic of South Africa
18 November
2008
Update on construction of five Public Private Partnership
Correctional centres
Companies to conduct site visits for construction of prisons
- 19 November
The four companies which qualified to submit tenders to
construct new prisons between 2011 and 2013 will next week
conduct site visits in preparation for submission of tender
proposals in December 2008. The prisons will be built in Paarl,
East London, Nigel and Klerksdorp. The Department of
Correctional Service short-listed the Ikhwezi Consortium, South
African Custodial Services (SACS), Siza Bantu and Umtya Nethunga
for tendering for the multi-billion Rand construction
programme. The four Correctional Centres will accommodate at
least 12 000 offenders and is [sic]
expected to create 2 600 new permanent jobs on completion, the
department said. - BuaNews
Online website
Plans for another prison system slammed - 20 November
The National Assembly's Standing Committee on Public Accounts
has told the Department of Correctional Services that building
five new privately run prisons is an unnecessary and costly
exercise. - IOL website
18 November
2008
Address by Ms Baleka Mbete, Deputy President of the Republic of
South Africa, at the National Assembly, on the death of Miriam
Makeba
17 November
2008
Transcript remarks by Finance Minister Trevor A Manuel, FinMark
Conference Indaba Hotel, Johannesburg
4 November
2008
Keynote address by Ms BP Sonjica, MP, Minister of Minerals and
Energy at the annual general meeting of the Chamber of Mines
28 October
2008
National Orders Recipients for October 2008
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Parliamentary Monitoring Group
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http://www.pmg.org.za/
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Please note
that you may be required to be a subscriber to access certain
Committee reports |
Interesting
Documents and New Bills
These are the final versions of the
Bills as passed by Parliament on 19 November
2008 :
National Prosecuting
Authority Amendment Bill [B23C-2008]
South African Police
Service Amendment Bill [B30C-2008]
South African Police
Service Amendment Bill [B30D-2008]
Committee Minutes
Communications Committee
11 November 2008
Broadcasting Amendment
Bill : adoption of NCOP changes
; Annual Report 2007/08 of Department of Communications
and Sentech
Defence Committee
17 November
2008
Election of Chairperson ; Castle of
Good Hope Annual Report 2007/08 ;
ARMSCOR 2007/2008 Annual Report :
briefing
Finance Committee
17 November
2008
Medium Term Budget Policy Statement 2008 : consideration
and adoption
Justice and
Constitutional Development Committee
13 November
2008
Public Funding of
Represented Political Parties Act
: approval of
amended regulations
; Child Justice
Bill : deliberations
on NCOP proposed amendments ;
Rejection of Clause 80(2) proposed amendments, adoption of
remainder
Public Service and
Administration Committee
14 November
2008
Public Service Commission vacancies :
Report back on interviews and final
shortlist, adoption of Committee's
report on nomination
12 November 2008
Vacancies on Public Service Commission
: Interviews
Social Development
Committee
18 November
2008
Prevention of
and Treatment for Substance Abuse Bill
: NCOP amendments
NCOP Committees
Education
Committee
12 November
2008
Bible Society of South
Africa Repeal Bill [B70B—2008] : adoption
Finance Committee
12 November
2008
Local Government Budget and
Expenditure Review : 2003/04-2009/10
: Departments of Transport
and Minerals and
Energy
11 November 2008
Local Government Budget and
Expenditure Review 2003-2010 :
Departments of Water Affairs and
Forestry and of Provincial
and Local Government
Land and
Environmental Affairs Committee
11 November
2008
National Environmental
Management : Protected Areas Amendment
Bill : Proposed amendments
: deliberations and
National Environmental
Laws Amendment Bill :
consideration of Negotiating Mandates
Local Government
and Administration Committee
14 November
2008
National House of
Traditional Leaders Bill and
Traditional Leadership
and Governance Framework Bill
: Referral back to House ;
Draft reports on oversight
visits and
interventions
Public Services
Committee
12 November
2008
National Land Transport
Bill : Responses of Department
to negotiating mandates and
deliberations
Security and
Constitutional Affairs Committee
17 November
2008
Scorpions closure
: SAPS
and NPA Amendment Bills
: adoption,
Judicial Matters Amendment Bill
: deliberations ;
Criminal Procedure
Amendment Bill : Department's
briefing
14 November 2008
Scorpions Closure : Public Submissions
; Reform of
Customary Law of Succession Act
: deliberations
12 November 2008
Minister's briefing on crime issues
; Constitution
14th Amendment Bill : adoption
; Confirmation of suspension of magistrates
; SAPS
and NPA Amendment Bills
: further deliberations
Joint Committees
Budget Committee
11 November
2008
Medium Term Budget Policy Statement :
Briefing by the Minister and Department of Land Affairs
Committee of
Chairpersons
18 November
2008
Audit Outcomes (National and Provincial audits) for 2007/8
Ad Hoc Committees
Appointment to the
Commission on Human Rights
12 November
2008
Vacancy for Human Rights Commissioner
: Continuation of interview
11 November 2008
Interviews for appointment of Human Rights Commissioner
National Youth
Development Agency
17 November
2008
National Youth
Development Agency Bill :
public hearings
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Legislation
MPs to burn the midnight oil - 18 November
Members
of Parliament will be burning the midnight oil this week to squeeze
as much as possible into the last week of parliamentary business
before the national legislature retires for the year. The National
Assembly hopes to finalise about 16 pieces of legislation this week,
including this year's most controversial legislation, the bills that
will finally see an end to the Scorpions. About 30 bills are likely
to get the final go-ahead this week, including the 15th
Constitutional Amendment, which will finally do away with the much
despised practice of floor-crossing.
-
IOL website
Parliamentary Programme -
www.parliament.gov.za
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19 November |
Consideration of
Report of PC on Transport on
Civil Aviation Bill
[B73-2008] - National Assembly |
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Second reading
debate : Civil
Aviation Bill [B73B-2008] - National Assembly |
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Consideration of
Mandating Procedures
of Provinces Bill [B8F-2007] - National Assembly |
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Consideration of
Child Justice Bill
[B49D-2002] - National Assembly |
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Consideration of
Report of PC on Justice and Constitutional Development on
Regulation of
Interception of Communications and Provision of
Communication-related Information Amendment Bill
[B9B-2006] - National Assembly |
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Consideration of
Regulation of
Interception of Communications Amendment Bill
[B9D-2006] - National Assembly |
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Consideration of
Broadcasting Amendment
Bill [B72B-2008] - National Assembly |
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Consideration of
Companies Bill
[B61D-2008] - National Assembly |
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National Road Traffic
Amendment Bill [B39B-2008] - NCOP |
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National Environmental
Management : Protected Areas Amendment Bill [B67B-2008]
- NCOP |
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Judicial Matters
Amendment Bill [B48B-2008] - NCOP |
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Criminal Procedure
Amendment Bill [B42B-08] - NCOP |
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Mandating Procedures
of Provinces Bill [B8F-07] - NCOP |
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Bible Society of SA
Act Repeal Bill [B70B-2008] - NCOP |
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National Prosecuting
Authority Amendment Bill [B23-2008] - NCOP |
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SA Police Service
Amendment Bill [B30-2008] - NCOP |
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Debate on
Constitution 15th
Amendment Bill [B63B-2008] - NCOP |
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Constitution 14th
Amendment Bill [B62B-2008] - NCOP |
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General Laws (Loss of
Membership) Amendment Bill [B64B-2008] - NCOP |
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20 November |
Consideration of
Report of PC on Environmental Affairs and Tourism on
National Environmental
Management Amendment Bill [B36D-2007] - National
Assembly |
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Consideration of
National Environmental
Management Amendment Bill [B36D-2007] - National
Assembly |
| |
Consideration of
Report of PC on Education on
National
Qualifications Framework Bill [B33D-2008] - National
Assembly |
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Consideration of
National
Qualifications Framework Bill [B33D-2008] - National
Assembly |
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Consideration of
Report of PC on Education on
General and Further
Education and Training Quality Assurance Amendment Bill
[B35D-2080] - National Assembly |
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Consideration of
General and Further
Education and Training Quality Assurance Amendment Bill
[B35D-2008] and of Report of PC on Education on amendments
thereon - National Assembly |
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Consideration of
Provision of Land and
Assistance Amendment Bill [B40B-2008] - National
Assembly |
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Consideration of
Mineral and Petroleum
Resources Development Amendment Bill [B10D-2007] -
National Assembly |
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Consideration of
Mine Health and Safety
Amendment Bill [B54B-2008] - National Assembly |
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Consideration of
National Radioactive
Waste Disposal Institute Bill [B41B-2008] - National
Assembly |
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Consideration of
legislation on the
National Youth Development Agency - National Assembly |
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21 November |
Consideration of
Report of PC on Health on
Tobacco Products
Control Amendment Bill [B7D-2008] - National Assembly |
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Consideration of
Tobacco Control
Products Amendment Bill [B7D-2008] - National Assembly |
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Consideration of
Medicines and Related
Substances Amendment Bill [B44B-2008] - National
Assembly |
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Consideration of
Report of PC on Safety and Security on
Second-Hand Goods Bill
[B2D-2008] - National Assembly |
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Consideration of
Second-Hand Goods Bill
[B2D-2008] and of Report of PC on Safety and Security on
amendments thereto - National Assembly |
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Consideration of
Report of PC on Social Development on
Prevention of and
Treatment for Substance Abuse Bill [B12D-2008] -
National Assembly |
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Consideration of
Prevention of and
Treatment for Substance Abuse Bill [B12D-2008] an of
Report of PC on Social Development on amendments thereon -
National Assembly |
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Consideration of
Bible Society of South
Africa Act Repeal Bill [B70B-2008- |
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Consideration of
Report of PC on Transport on
National Land
Transport [sic] [B51D-2008] -
National Assembly |
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Consideration of
National Land
Transport [sic] [B51D-2008] -
National Assembly |
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Consideration of
request for approval by Parliament of Amending Draft Notice
and Schedule determining the rate at which salaries are
payable to Constitutional Court Judges and Judges annually,
with effect from 1 April 2008 - National Assembly |
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Consideration of
request for approval by Parliament of Amending Draft Notice
and Schedule determining the rate at which salaries are
payable to Magistrates annually, with effect from 1 April 2008
- National Assembly |
Parliament passes new mine-safety Bill - 21 November
Parliament on Friday passed new mine safety laws that enforce
stricter penalties and hold mine CEOs criminally liable for deaths
in some of the world's deepest mines. The mining industry,
represented by the Chamber of Mines, has criticised as "too
punitive" laws that make provision for heavier penalties to be
levied against companies, increasing fines to R1-million from
R200 000. - Mail & Guardian
website
Floor-crossing scrapped - 20 November
The National Council of Provinces brought an end to floor crossing
on Wednesday, six years after controversial measures allowing
politicians to swap allegiance without losing their seats first came
into law. The House unanimously passed three bills - the
Constitution 14th and 15th
amendment bills, and the
General Laws Amendment Bill
- that scrap floor crossing at all levels of government. -
IOL website
Scorpions bills approved - 19 November
The end of the road is in sight for the Directorate of Special
Operations (DSO), or Scorpions, after the National Council of
Provinces' nod on Wednesday to legislation disbanding the unit. The
two bills - the National
Prosecuting Authority Amendment Bill and
SA Police Service Amendment
Bill - were approved in the National Assembly last month,
which will now also have to approve minor amendments brought by the
NCOP. It then remains only for President Kgalema Motlanthe to sign
the bills into law. - IOL
website
Broadcasting
Amendment Bill
'Bill aims to make SABC an ANC puppet - 20 November
Opposition parties have given notice that they will petition
President Kgalema Motlanthe to not sign the controversial
Broadcasting Amendment Bill into law after it was given the green
light in the National Assembly on Wednesday. The bill paves the way
for the dismissal of the SABC board. -
IOL website
Built
Environment Professions Bill
Built Environment Professions Bill withdrawn : Minister - 18
November
The controversial Built Environment Professions Bill has been
withdrawn, newly appointed Public Works Minister Geoff Doidge said
on Tuesday, citing technical and legal issues. The objective of the
Built Environment Professions Bill was to foster the accelerated
transformation of professions, such as engineering, architecture,
and quantity surveying, and also proposes the establishment of a new
South African Council for the Built Environment. -
Creamer Media's
Engineering News website
Child Justice Bill
Child
Justice Bill passed in National Assembly - 20 November
The National Assembly on Thursday passed the long-awaited Child
Justice Bill which has been sent to President Kgalema Motlanthe for
approval. The Bill deals with children under the age of 18 years in
conflict with the law. Under South African law, persons under the
age of 18 years are considered minors. If signed into law, the new
Bill would make provision for a separate justice system for
children, with a clear set of guidelines and procedures that are
easily understandable and consonant with South Africa's
constitutional and international obligations. -
BuaNews Online website
Interactive
Gambling Tax Bill
Tax laws for interactive gambling - 17 November
A Bill that will tax gambling on the Internet has been released
for public comment by finance minister Trevor Manuel. The
Interactive Gambling Tax Bill will introduce a special tax on all
interactive gambling activities. Operators with an interactive
gambling site in SA will be liable for this tax, which is provided
for in the National
Gambling Amendment Bill. Operators will be taxed at a rate
of 6% on their gross gambling revenue. -
ITWeb website
Mineral and
Petroleum Resources Development Act
New mining rules set to give power to previously disadvantaged
- 21 November
Prospectors and small- scale miners will have to make sure that at
least 26 per cent of their shares are held by black empowerment
candidates and individuals from previously disadvantaged groups,
according to the new rules laid out in the Mineral and Petroleum
Resources Development Act. This move could, however, put small
mining operations out of business. -
Herald Online website
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Useful
Links and Items of Interest
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Legal Profession
Minister Surty highlights change and meeting challenges - 7
November
Minister of Justice and Constitutional Development Enver Surty urged
members of the Law Society of the Northern Provinces (LSNP) to
embrace change and engage the challenges it brings. The legal
society's members listened attentively as
Minister Surty referred to the recent election victory of Barack
Obama as President of the United States, and drew parallels with the
changes that have occurred and are still needed here. The minister
echoed the message of change and progress throughout the legal
sector and society, in his address at the opening the LSNP's
Annual General Meeting in the North West on Saturday. -
Department of Justice and
Constitutional Development website
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South Africa
Agriculture
Implicated head gets R1,5m handshake - 20 November
Taxpayers are set to fork out about R1,5 million for former
agriculture and environmental affairs department head Jabulani
Mjwara, who resigned last year after a report pointed to financial
mismanagement that cost the government more than R80-million. In a
letter to the government, state attorneys on Wednesday advised that
Mjwara should be urgently paid more than R1,5-million for the
portion of his contract that he did not get to see out when he
resigned. Money, due to be paid to Mjwara on Thursday, is an
out-of-court settlement between the state and Mjwara, who sued the
department for allegedly failing to honour its promise to pay him
for the remainder of his contract. Details of the settlement are
contained in the letter from Strauss Daly Attorneys, which is in
possession of The Mercury. -
IOL website
Animal Rights
Backyard vivisectionist indignant - 15 November
A Free State doctor facing charges of animal cruelty for paralysing
a heavily pregnant wild monkey believes it was destined to become
the "most famous monkey in the world" because of his stem cell
research experiment. The National Council of SPCAs (NSPCA) last week
expressed its outrage over Dr Gert Jordaan's "horrific backyard
experiment", in which the foetus of the vervet monkey was removed
and the spinal cord of its mother severed. It was left paralysed and
incontinent. The NSPCA later euthanased the mother and her days-old
infant because of the trauma they had been forced to endure. But
Jordaan, a doctor in physiology, said the NSPCA's intervention had
jeopardised his "revolutionary" research in using embryonic stem
cells to repair the damaged spinal cords of quadriplegics. -
IOL website
Communications
MXit cuts the smut - 18 November
Parents will soon be able to have more control of who their children
can communicate with on the controversial social networking site
MXit. MXit has announced the implementation of a trial parental
control programme for its chat service. This is after several
incidents where children using MXit have been exposed to danger. -
IOL website
VANS to
get ECNS licences - 17 November
ICASA today announced that it intends converting all VANS to both
Electronic Communications Services (ECS) licences and Electronic
Communications Network Services (ECNS) licences. VANS licences
granted after 19 July 2006, the date of the promulgation of the new
Electronics Communications
Act (ECA), will also be converted to ECS and ECNS licences.
The High Court recently ruled that VANS were allowed to self-provide
and attempts by communications minister Ivy Matsepe-Casaburri to
challenge this ruling were unsuccessful. -
mybroadband website
ANC : cut Motlanthe coverage - 16 November
The ANC has allegedly ordered the SABC to reduce its coverage of
President Kgalema Motlanthe and to stop projecting him as being so
presidential, to the disadvantage of the party's president, Jacob
Zuma. In a startling move that points to deep-seated divisions in
the camp, the ANC has allegedly asked the country's biggest media
organisation not to project Motlanthe as being more of a statesman
than Zuma. - News24 website
Company Law
New company law showers employees with extra privileges - 19
November
Company employees are granted extensive additional rights by this
year’s new corporate legislation. "Indeed,"
says Ewald Müller, senior executive :
standards at the South African Institute of Chartered Accountants (SAICA),
"it can reasonably be concluded that in
certain instances the interests of employees are granted excessive
protection". He draws particular attention
to the "infamous"
Chapter 6 of the Companies
Bill, which accords extensive protection to employees in
"business rescue"
circumstances. - itinews
website
Conservation
Self-defence plea as collared leopard
skinned - 15 November
An Eastern Cape farmer who allegedly shot and skinned a leopard, cut
off its feet and ears and started curing the skin maintains he acted
in self-defence against the problem animal. Michael, the leopard
that farmer Tommy Thompson killed, is one of two killed by farmers
in October in the scenic Baviaanskloof Mega Reserve region. Farmers
in the region have apparently killed 28 leopards since 2002 using
gin traps or poison, or by shooting them. -
IOL website
Keyphrase :
Landmark Foundation
Criminal Justice
System
Criminal justice proposal goes public - 19 November
Public hearings on the proposed new criminal justice system will be
held across the country from next week. The hearings would take
place over eight days and end on December 4. They would be hosted by
Parliament's portfolio committees on
safety and security, justice and constitutional development,
correctional services and the select committee on safety and
constitutional affairs. - IOL
website
Govts,
intl law enforcement agencies partner to catch fugitives - 19
November
Interpol has met with ministers and law enforcement agencies from
around the world to discuss more effective methods to secure the
arrest of the world's most wanted criminals. Speaking during the 5th
International Conference on Fugitives in Johannesburg on Monday
Interpol Secretary General, Ronald Noble said governments and law
enforcement agencies need to work together with governments in
combating international crime and in the search for international
fugitives. - BuaNews Online
website
Education
Creativity enriches Knysna world conference on self-funded schools
- 21 November
A total of 180 delegates from 28 countries concluded the World
Conference on Sustainable Education at Karatara outside Knysna
yesterday, having discussed entrepreneurship. They discussed, among
other things, health and micro-finance. Hosted by Eden Campus, the
conference formed part of a worldwide initiative to reduce the
dependence of education systems on government funding – and to teach
entrepreneurial skills to scholars. The concept is to encourage
self- funding schools that are flexible enough in their curriculum
to respond to local economic needs. -
Herald Online website
Teacher unions call for public talks on capping of fees - 20
November
Teacher unions are calling on the education department to engage in
public discussion about the proposed capping of school fees. This
comes after reports of a leaked discussion document, drawn up by the
education department, that considers the prospect of capping school
fees. - Herald Online
website
Enforce prayers at schools, says Zuma - 20 November
"We need to teach our people to fear God," ANC president Jacob Zuma
said on Wednesday, and he suggested the way to do so would be by
making children pray before school - "as it was in the past".
Speaking to about 500 religious leaders outside Polokwane, Limpopo,
the ANC leader said, "we need to teach our people to fear God".
"Even those who are not religious - they may be communists - must
learn to fear others. We must also learn to fear our ancestors,"
said Zuma. - IOL website
Environment
Development steams on near fragile ecosystem - 16 November
The controversial Northgate township development on the banks of
Kimberley's Kamfer's Dam, the only breeding site for lesser
flamingos in South Africa, will go ahead. The record of decision for
the construction of a shopping mall, about 4 000 houses and flats in
secure complexes, churches and schools was issued by the Northern
Cape department of tourism, environment and conservation on November
7. The decision comes amid controversy about the development and its
impact on the flamingo colony, which is already suffering from a
variety of diseases caused by pollution and human effluent spilling
into the dam from the town's sewerage works. -
IOL website
More companies come clean - 19 November
A total of 59 of South Africa's Top 100 companies have responded to
South Africa's Carbon Disclosure Project, Environment Minister
Marthinus van Schalkwyk said on Wednesday. The project calls on
companies to provide information on their greenhouse gas (GHG)
emissions, which are driving climate change. Speaking at the launch
of the second annual SA Carbon Disclosure Report in Johannesburg, he
said there had been a "sizeable increase" in the number of companies
disclosing their emissions. - IOL
website
Mechanical problem the cause of Engen refinery fire - 21
November
A fire that shut down Durban's Engen refinery earlier this month was
caused by a mechanical problem, company spokesperson Herb Payne said
on Friday. - Mail & Guardian
website
Engen has a good safety record : Sutcliffe - 14 November
Durban's city manager Michael Sutcliffe said there was no need for
an independent commission of inquiry into the Engen refinery,
despite the facility facing a shut-down of up to four months after
Thursday's fire. His comments on Thursday quash calls from an angry
community for an independent commission of inquiry into the three
fires at the refinery in the south Durban industrial basin in the
past twelve months. - IOL
website
Finance
Auditor-General hits at government's poor financial reporting -
19 November
Government department heads continued to turn a blind eye to poor
financial reporting standards, Auditor-General Terence Nombembe said
yesterday. Nombembe said several departments had failed to implement
the auditor-general's recommendations on
financial management. Out of the 463 departments and parastatals
audited in the 2007/08 financial year, 105 received qualified
reports. This was a slight improvement from 2006/07, when 129
departments and parastatals received qualified audit reports. -
Herald Online website
Rates relief ahead - 18 November
South Africa's National Treasury said on Tuesday inflation was
likely to fall in the current economic environment, gradually
leading to lower interest rates. "In this environment inflation is .
. . likely to fall, resulting in
lower interests over time," the Treasury's Director-General Lesetja
Kganyago told parliament's finance committee. -
Business Report website
Foreign Affairs
Statement
on Cabinet Meeting of 19 November 2008 [Zimbabwe]
Department of Foreign Affairs
website
See also :
Zimbabwe below
Human Rights
What if
sex work were legal? - 19 November
Governments across the world grapple with the question of how best
to deal with sex work: should it be decriminalised, or should
existing legislation be enforced to better control the industry? The
issues concern the health and safety of the women and men on the
game, how best to eliminate the criminal elements from the business,
and the moral dimension of the trade. In South Africa, prostitution
has remained illegal under the
Sexual Offences Act
of 1954, which has its roots in the
Immorality Act of the
early days of apartheid, which banned mixed-race sexual intercourse.
- IRIN News website
Living
Conditions Survey to measure poverty in SA - 18 November
The Living Conditions Survey (LCS), which is to be conducted in
South Africa, will aim to collect data to measure the extent of
poverty in South Africa. The survey, which was launched by
Statistics South Africa (Stats SA) on Tuesday, will serve as a
useful tool in the measurement of poverty reduction and social
development programmes. -
BuaNews Online website
See :
StatsSA media release
http://www.statssa.gov.za/news_archive/press_statements/LCS_Media_Release_2_WR_Edits.pdf
SA is
providing more opportunities for the marginalised : UN report -
16 November
A United Nations draft report has revealed that South Africa has
made strides creating opportunities for the marginalised in South
Africans, including women and children. The draft Report on the
Progress Made in the Implementation of the CEDAW report,
released by the Minister in the Presidency Manto Tshabalala-Msimang
in Pretoria on Friday, highlighted South Africa's strides in
mainstreaming equal rights for men and women and its continued
efforts in eliminating any gender-based discrimination. The draft
report is to be submitted to the UN CEDAW Committee for comment. -
BuaNews Online website
Insurance Industry
Is your identity safe? - 14 November
Fraud syndicates are using identity theft to exploit the huge number
of life and funeral policies being taken out because of the HIV and
Aids pandemic. Syndicates frequently used informants at state
mortuaries and funeral parlours to alert them to unidentified and
unclaimed bodies. "They will also disfigure and sell an unidentified
body between syndicates (to commit multiple fraud). It's quite
morbid," said Ernst Pienaar, convener of the Forensic Standing
Committee of the Association for Savings and Investment South Africa
(Asisa). He is also head of forensic investigations at Sanlam Life
and African Life. - IOL website
Judiciary
Judges vie for top job - 21 November
The Judicial Service Commission (JSC) yesterday announced the final
short list for the position. Justices Eberhardt Bertelsmann, Edwin
Cameron, Shenaz Meer, Leona Theron and Nigel Willis will be
interviewed by a JSC panel on December 12 for appointment to the
seat of retiring Constitutional Court judge Tholakele Madala. Of the
five, two are women and none are black. -
The Times website
See : Media
release at
http://www.lawsoc.co.za/documents/jsc_mediarelease_announcement_2008_11_20.pdf
KwaZulu-Natal
KZN parties seek R20m of taxpayers' money - 18 November
A proposed bill aimed at funding KwaZulu-Natal political parties
with at least R20-million of taxpayers' money was introduced to the
provincial legislature's finance committee on Tuesday. The proposal
by Finance MEC Zweli Mkhize was swiftly followed by objections from
the Democratic Alliance, who said such funding should be provided on
a national, and not provincial, level. Provincial DA caucus leader
Roger Burrows said there was also doubt as to whether the Bill was
constitutional. - IOL website
Labour Law
Mining makes labour change - 19 November
Research conducted by the Human Sciences Research Council (HSRC) and
the University of the Witwatersrand indicates that companies in the
mining sector are opting for subcontractors instead of employing
permanent staff. According to a report released by government news
agency BuaNews on Tuesday, the research also found that most
employers were not adhering to stipulated minimum wage. Statistics
in 2003 showed there was 438 000 permanent employees in the mining
sector and 90 231 subcontractors compared with 2005, when the number
of permanent employees decreased to 322 063 while subcontractors
increased to 122 589. - Business
Report website
See :
Mining
sector opting for subcontractors - 18 November
BuaNews Online website
Debt-ridden employees 'a liability' - 14 November
Employee debt is having a profoundly negative impact on companies as
productivity dips further, a consumer expert has said. Absenteeism
and fraud, which is already at unacceptably high levels, have risen
as employees battle to cope with rising debt. Furthermore, by the
third week of the month employees can't get to work for lack of cash
to pay for transport. Consumer Assist CEO Andre Snyman says workers
are sabotaging companies by refusing to answer phones because they
fear creditors are on the line. -
IOL website
Land Affairs and
Property
Decrease in building plans approved - 19 November
The value of recorded building plans passed by larger municipalities
- at current prices - between January and September decreased by 3,2
percent on 2007, Statistics South Africa said on Wednesday. "This
was due to a decrease of 12,0 percent reported for residential
buildings . .
.," StatsSA said in a statement. However, the decrease in
residential buildings was partially counteracted by increases
reported for non-residential buildings (13,7 percent) and additions
and alterations (2,7 percent). - IOL
website
See :
P5041.1 - Selected
building statistics of the private sector as reported by local
government institutions September 2008
- 19 November 2008
StatsSA website
Average size of houses points to strain - 21 November
The average size of houses being built has started to fall, possibly
indicating a shift towards the more affordable housing segment as
financial pressures bite, according to First National Bank (FNB).
John Loos, a property strategist at FNB Home Loans, said that this
trend had been "a long time coming" and the average size of housing
unit plans passed declined sharply to 108m² in September, from
140.8m² in June. - Business
Report website
People who own homes don't throw stones
- 16 November
Credit tightening by the big four banks over the past month has
meant that 100% bonds have all but disappeared. Banks now expect
that the buyer place some of their own equity into the property and
this means a cash deposit of between 5% and 20%. The immediate
effect of this has been to place homes beyond the reach of many and
qualified home buyers have become few and far between. -
itinews website
Property market : bear, bust or boom? - 14 November
Panic is growing in residential circles, but some reckon they can
see the light at the end of the tunnel. James Templeton, chief
executive officer of listed property company Emira, remarked to
Realestateweb this week that in markets like these, the focus is
always on negative comments. This followed the news that South
Africa was no longer looking so rosy in the eyes of credit ratings'
analysts. In a bull market, news like that would have been shrugged
off, is his view. Now, though, people are looking for "another
reason to sell". Listed property is down about 20% since the
beginning of the year. -
realestateweb website
Property sales sturdier in townships - 18 November
Township property markets remain more buoyant than suburban ones,
according to First National Bank’s (FNB) third quarter Township
Property Barometer for 2008. "It takes
less time to sell a township property and the odds are better that
it will fetch the asking price",
FNB property economist John Loos told the Mail and
Guardian Online on Tuesday. -
Mail & Guardian website
'Madam, he's dying. Come quickly' - 19
November
An
86-year-old man has been arrested and charged with the murder of a
60-year-old fellow resident at a block of flats in Durban. Satha
Moodley was murdered in the parking lot of the Rocca Marina flats in
Argyle Road in North Beach yesterday. It is believed the suspect and
the victim became embroiled in an argument at a body corporate
meeting held on Monday. The resident claimed that he had had a
confrontation with the suspect in the past. "I was so angry one day
when he told me that there were too many people of the wrong shade
(colour) in this building and we had way too many rights. -
IOL website
Development
SA set to reembrace the high-rise - 14 November
Tall buildings are back in vogue internationally at present, and
South Africa appears alive to this international
property-development trend. Partly, the attraction comes down to
sensible space management. But urban planners assert that tall
buildings can also make positive contributions to city life by
serving as beacons of urban regeneration, assisting with changing
negative perceptions of a particular area and stimulating further
investment. - Creamer
Media's Engineering News website
Xingwana's shots at golf risk landing in the rough - 17
November
It is frequently argued that agriculture and its related
industries make up a mere 4 percent of gross domestic product, but
a nation that is unable to feed itself must surely present a
problem, unless it can make up the deficit on the current account
by exporting other goods more efficiently, thus making up for food
imports. The debate has been shifted by Lulu Xingwana, the
minister of agriculture and land affairs, to the use of prime
agricultural land for hunting and golf. Land affairs
director-general Thozi Gwanya was outspoken to the joint budget
committee about using up vast tracks of land for golf estates,
particularly in the former sugar cane lands of KwaZulu-Natal. The
problem with these debates is that the government is unable to
provide a solid argument that hunting farms are robbing the
country of arable land. Likewise, taking into consideration golf
tourism inflows, the value of golf estates may outstrip the value
of the use of this land for producing only food. Many of these
estates actually continue to produce food anyway. -
Business Report website
'Tribe, inkosi under threat in land deal' -
17 November
Removing people from their land at Macambini on the KwaZulu-Natal
north coast could threaten the stature of the tribe and its
leader, the Ingonyama Trust Board has warned.
The land, which holds 14 villages (izigodi), is wanted
by two Dubai-based developers, the Ruwaad Consortium and Sport
Cities International (SCI).
Both companies aim to turn Macambini into a
multi-billion rand tourist paradise . But, they have to meet
requirements set by the board before they get access to the land.
Macambini villagers prefer the SCI bid because it will
not remove them from their ancestral land nor threaten the stature
of Inkosi Khayelihle Mathaba. -
Sowetan website
Land Claims and
Expropriation
Millions vanish from Gautrain books - 20 November
Investigations are under way to unravel how R6,5-million of
taxpayers' money vanished - under the guise of land expropriation
payments for Gautrain - from the Department of Public Transport,
Roads and Works. The Star has learnt that the money may have been
fraudulently channelled through a Midrand property worth only R633
000, while the signatures of more than 10 employees could have
been forged. - IOL website
Community eyes resort hotel - 20 November
A landmark resort on the East Coast is squarely in the sights of a
local community which wants the government to hand over the entire
property in a massive land claim deal.
The Mazizini community has lodged a land claim which
includes the Fish River Sun Resort near Port Alfred.
The Land Claims Commission validated the claim this
year and the community has indicated it wants full ownership of
the resort, along with adjacent farm lands.
Yesterday the resort owners, Sun International and
Emfuleni Resorts, went back to the Land Claims Court in East
London to seek a final judgment on the commission’s
recommendations. - Dispatch
Online website
Property Law
Liquor Laws
Alcohol ad ban : govt shooting itself in the foot? - 18
November
According to Out of Home Media SA (OHMSA), the Government
gazette of 3 November 2008 carries an amendment to the
Road Traffic Regulations,
proposing the ban of any alcohol advertising visible from any
public road. In a move that has marketers abuzz on several counts,
it appears that the South African government has - without prior
warning - published its first ban on alcohol advertising. That
alone has caused a stir, but it's the wording that is worrying for
many : A "public road" is any road or
street used by the public. In that respect, the proposed ban is on
all the roads and streets - including national, provincial and
municipal. In effect, the ban may include the advertising of any
alcoholic beverages on billboards and street pole ads. Literally,
it would also mean trailers and store fascias visible from any
"public" road. -
Marketingweb website
Excerpt from GenN 1359/GG 31557/03-11-2008 :
"Amendment
of regulation 290 of the Regulations
21. Regulation 290 of the Regulations is amended by the
substitution for the regulation of the following regulation;
"Prohibition on advertising on public roads
(3) No person may-
(a) display or cause to be displayed any liquor product
advertisement or any advertisement depicting a liquor product
visible on a public road, or permit it to be so displayed;
(b) display any liquor product advertisement or any advertisement
depicting a liquor product visible from a public road, on any land
adjacent a public road or land separated from the public road by a
street, or permit it to be so displayed"
Maritime Matters
Shipping giants opt for Cape route in bid to dodge pirates -
19 November
More of the world's big shipping firms are quietly diverting their
fleets around the Cape of Good Hope instead of risking the
hijacking of their vessels by Somali pirates in the Gulf of Aden,
a senior industry executive has disclosed. Rob Lomas,
secretary-general of Intercargo, an industry group representing
shipowners hauling dry commodities, said more firms were avoiding
the Suez Canal. He said, however, that there was no "stampede" to
use the Cape route. - Cape
Times website
Minerals and Energy
Assessors to bill Eskom for millions - 21 November
The environmental impact assessment (EIA) for Eskom's proposed
"Nuclear-1" power plant is expected to cost around R18-million,
according to Minister of Public Enterprises Brigitte Mabandla. In
a reply to a question by Democratic Alliance MP Gareth Morgan,
Mabandla said the scoping phase investigated five sites for the
plant. The detailed phase, now underway, was assessing three of
them. - IOL website
NUM urges release of safety report - 20 November
The National Union of Mineworkers has called for the release of
the presidential audit on health and safety in the mining
industry. They made this call following the second day of the
union's national executive committee meeting in Vereeniging. -
Mail & Guardian website
Policy vacuum throttles green power - 18 November
It was a challenge for renewable energy company Phieco to secure
$14.5 million (R148 million) for a proposed 10 megawatt wind farm,
but three co-financiers have come to the party with debt and
equity funding. The company now faces an even tougher hurdle. The
City of Cape Town will not sign a power purchase agreement for
electricity generated near the city, citing the absence of
legislation to compel it to buy green power, says Phieco director
James Lech. His frustration is shared across South Africa's
renewable energy sector, which has been stymied by a legislative
and regulatory vacuum. -
Business Report website
See also :
Green electricity on the
City of Cape Town's website
Municipal Management
and Procedure
Cape Town
Delays in Cape's solar geyser bylaw - 17 November
The City of Cape Town's plans to pass a bylaw making it compulsory
to install solar water geysers in all new buildings continue to
face legal obstacles three years on. This is one of the reasons
why the city has no hope of fulfilling its target, set in 2004, of
10 percent of all houses being fitted with solar geysers by 2010.
Fewer than 2 percent of houses - between 5 000 and 8 000 - with a
fitted hot water supply, have solar geysers. Another 38 000 houses
would have to install solar geysers in the next 13 months for Cape
Town to meet its target - which city officials say is not
possible. - IOL website
Cape Town property developers formalise their interaction with the
City - 18 November
The Cape Town Property Developers' Forum
was established in June 2007 to facilitate the resolution of
concerns shared by the City and the property industry about
property development in Cape Town. Four Forum Events have been
held to discuss a variety of topics and this has enhanced
communication between the Forum and the City at all levels. Absa
Commercial Property Finance has funded these events and has again
agreed to support the Forum. -
City of Cape Town
website
City's Indigent policy - 14 November
The City of Cape Town has created a special policy to assist
struggling households in paying their rates and service charges. -
City of Cape Town
website
eThekwini
Durban's R500m billing system - 19 November
Costs for the development of an electronic revenue management
system for the eThekwini Municipality have spiralled, with
ratepayers paying almost R500-million for it. The system will
manage systems, including billing and revenue collection, and debt
management, including disconnection of services. It replaces the
existing Coins Billing System. Delays in developing the system
increased costs from R90-million to R150-million in 2004 to
R408-million earlier this year. The costs could escalate further
with the November 1 "go-live" deadline having passed. -
IOL website
Johannesburg
'Thanks but no thanks' - 18 November
You won't be able to walk over Helen Suzman in Houghton. The
veteran politician has turned down a suggestion by the City of
Joburg that Houghton Drive be named after her. "I just think it's
an unnecessary expense and I have been given enough recognition".
She said changing road maps was particularly problematic because
many people get lost. - IOL
website
National Prosecuting
Authority
Motlanthe 'waiting for Pikoli response' - 21 November
President Kgalema Motlanthe has "no problem" with making the
report of the Ginwala inquiry public and is expected to release it
once he has taken a decision on whether or not to reinstate
suspended national prosecutions head, Vusi Pikoli. Government
spokesperson Themba Maseko said on Thursday that Motlanthe was
waiting for Pikoli to respond to the report by former National
Assembly speaker Frene Ginwala, who was asked to investigate
Pikoli's fitness for office after he was suspended by former
president Thabo Mbeki in September last year. -
IOL website
Parliament
Seven ANC MPs fined for breach of ethics - 12 November
Seven MPs have been fined sums varying from R500 to R3500 for
breaching the members' code of ethics by
not disclosing their interests in various companies. -
Herald Online website
Politics
ANC vs COPE : in court - 18 November
The ANC has served legal papers on Mosioua "Terror" Lekota's
breakaway party for using the name Congress of the People,
officials said on Tuesday. The papers include a demand that all
promotional material bearing COPE's name must be delivered to the
African National Congress for destruction, said its spokesperson
Carl Niehaus. "We served legal papers on COPE in the form of a
lawyer's letter which was sent to their attorneys yesterday
[Monday]," he said. The letter states :
"We believe we enjoy common law in and to the name Congress of the
People". -
IOL website
Safety and Security
Conference to discuss the use of Ubuntu in rehabilitating
prisoners - 19 November
The National Heritage Council (NHC) and the Department of
Correctional Services will be hosting a symposium which aims to
integrate the values of Ubuntu into the department's Offender
Rehabilitation Programme. Gauteng offenders will on Thursday be
given an opportunity to present their views to Correctional
Services Minister Ngconde Balfour on how they think the Ubuntu
campaign can assist them in becoming part of society after serving
their sentences. The event forms part of activities planned for
Correctional Services Week launched last Friday. -
BuaNews Online website
'Criminal conviction a problem' - 17 November
The conviction of criminals was one of the biggest problems facing
the country, Safety and Security Minister Susan Shabangu said on
Monday. "The success rate of the police should not only be based
on the number of arrests made. We've done good arrests," she said.
Shabangu was speaking at the Union Buildings at a briefing on the
16 days of activism campaign against women and child abuse. -
IOL website
Sport and Recreation
Cabinet set to put foot down on stadium costs - 21 November
The government said yesterday it was "extremely
concerned" about the extra billions of
rands South Africa's host cities were
demanding to complete building new stadiums ahead of the 2010
soccer World Cup. - Herald
Online website
Back-to-back Comrades down runs - 19 November
The Comrades Marathon will see a number of changes over the next
two races in an attempt to capitalise on the football mania that
will be sweeping the country. The biggest switch will be the
running of consecutive 'down runs' in 2009 and 2010, with next
year's race also being run earlier than usual with the date being
set as Sunday, May 24. -
Supersport website
Taxation Law
When Sars gets nasty on rental property - 18 November
Regarding the case described in the article Property expenses
you should not be deducting [see below]
would the borrower be able to justify tax deduction on interest
paid on the loan from his wife as a legitimate diversification of
the source of loan? It might even make commercial sense (and thus
should be acceptable to Sars) that the borrower changed the source
of funding partly or in full from a bank loan (at high interest
rate) to a private loan (at some lower rate)
. . .
Surely, if the borrower switched the bond to another bank (say
because the new bank offered 1% interest rate less, or some other
benefit), the switch would not nullify the deductibility of
interest, ne? -
moneywebtax website
Property expenses you should not be deducting - 15 April
I bought investment property and funded it via a bank bond. I duly
set off interest against rental income until I got money from the
sale of our primary residence (registered in wife's name) and
repaid the bond. I now wish to "repay" this loan I essentially
took from my wife and redraw against the original bonds but have
been told the interest is no longer tax deductable. Would the
position be any different were I have paid down the bond from my
own surplus cash resources? -
moneywebtax website
VAT cheats beware - 17 November
South Africa's taxman is dramatically tightening the net on Value
Added Tax (VAT), and arresting a number of its own crooked
officials, to combat a surge in fraud that is costing billions. -
IOL website
Transport and Roads
Maria Ramos to leave Transnet - 21 November
Maria Ramos, group chief executive of Transnet, will leave the
company at the end of February 2009, the parastatal said in a
statement on Friday. An announcement of her future plans would be
made "in due course", it said. -
Mail & Guardian website
Programme to address traffic hazards caused by livestock - 19
November
The problem of livestock walking on or near busy roads and posing
a hazard to motorists is to be addressed by the KwaZulu-Natal
Department of Transport through the Road Monitor Programme. The
road monitor programme was officially lunched on Tuesday at the
KwaMdakane Sports Field by the MEC for Transport, Community Safety
and Liaison, Bheki Cele. It is a pilot project undertaken to ease
traffic congestion as well as provide employment for the local
communities. - BuaNews Online
website
'Leave road-building to the experts' - 17 November
Transport, community safety and liaison MEC Bheki Cele has
criticised smaller municipalities for building new roads despite
lacking the skills to do so. Cele told the finance committee last
week that many municipalities were trying to win votes by building
roads, but the structures were unsafe. His outburst during
mid-term budget reviews has prompted the finance committee to
organise a meeting between the transport and local government
departments. - IOL website
Durban communities to resist Transnet - 16 October
Transnet is set to face resistance from south Durban residents for
its planned multi-product pipeline. The communities have
threatened to resort to the courts if the transport parastatal
refuses to use an alternative route for the R11.5 billion project.
Desmond D'sa, the co-ordinator of the South Durban Community
Environmental Alliance (SDCEA), said recently that the group would
go to court once it had exhausted all the consultation processes,
such as appealing against a favourable environmental impact
assessment (EIA). - Business
Report website
Sanral raises R1bn on domestic bond market - 14 November
The South African National Roads Agency Limited (Sanral) on Friday
raised R1-billion through its third bond auction on the domestic
market. The agency was raising money to fund new toll road
infrastructure in Gauteng as well as for upgrading and improving
existing roads. This was the first time since July that R1-billion
has been raised in a single bond market transaction. -
Creamer Media's
Engineerimg News website
Tollroads
Toll road plan rejected outright - 20 November
Proposed toll roads on the N1 and N2 hit further problems on
Wednesday when the provincial standing committee on finance
condemned the agency's public participation process as flawed and
rejected the plan outright. The committee's stance echoed that of
the City Council, the Cape Town Regional Chamber of Commerce and
Industry and Golden Arrow Bus Service. The committee also resolved
to consider its next step, which would include taking legal
advice. SA National Roads Agency Limited regional manager Cobus
van der Walt received a grilling from committee members and
Transport MEC Kholeka Mqulwana. He was told affected communities
had not been properly consulted and that the toll roads would be a
heavy burden on residents, commuters and motorists. -
IOL website
N2
Double-whammy toll plans - 10 November
The toll man plans to set up extra cash collection booths on two
of Durban's busiest freeways. In the north, the SA National Roads
Agency (Sanral) has published plans to build a ramp plaza outside
the new King Shaka International Airport to collect tolls of about
R9 each from all Durban-bound cars leaving the airport along the
N2 freeway. Further south, Sanral remains determined to create a
new toll plaza on the N2 southern freeway at Isipingo - despite
vociferous opposition from local commuters, businesses, the
eThekwini Municipality and the KwaZulu-Natal government. -
IOL website
N2 North
Durban opposes new tollgate - 14 November
Ethikwini [sic] has come out with fists swinging, charging that
Durban motorists and other KwaZulu-Natal road users will not be
turned into cash cows for the SA National Roads Agency because of
a tollgate proposed for the new King Shaka Airport. -
The Times website
SANRAL
Dube Interchange Toll Plaza - 8 October
The South African National Road Agency Limited has announced its
intention to toll the new Dube Interchange between
Durban and Stanger,
KwaZulu-Natal. Once approved by the Minister of Transport, this
section will form part of the already declared N2 North Coast Toll
Road stretching from Umdloti to the Empangeni/Richards Bay
Interchanges. - South African
National Roads Agency website
See : GN
1162/GG 31551/31-10-2008
Wild Coast
Proposed N2 Wild
Coast Toll Highway Draft Environmental Impact Report
(October 2008) at
http://www.ccaenvironmental.co.za/current_projects/roads.html#Wildcoast
Comment period :
10 November 2008 - 9 January 2009
Comments must reach
the offices of NMA by no later than Friday 9 January 2009 to
be considered in compilation of the final EIR. Comments may
be submitted at the Public Open Days or may be forwarded via
e-mail, facsimile or letter to the contact details given
below
NMA Effective Social Strategists
Attention : Theo Hansford
P O Box 32097, Braamfontein 2017
Fax : 086-601 0381
Email : theoh@nma.org.za
Public Open
Days
|
Mon 17 Nov |
10h00-19h30 |
Scottburgh
Town Hall |
|
Tues 18
Nov |
10h00-19h30 |
Amanzimtoti
Civic Centre Main Hall |
|
Wed 19 Nov |
10h00-17h00 |
Libode
Town Hall |
|
Thur 20
Nov |
10h00-19h30 |
Mthatha
Town Hall |
|
Fri 21 Nov |
10h00-17h00 |
Qunu -
Nelson Mandela Museum |
|
Mon 24 Nov |
10h00-17h00 |
TRC Hall,
Dutywa |
|
Tues 25
Nov |
10h00-17h00 |
Butterworth Town Hall |
|
Wed 26 Nov |
10h00-17h00 |
Komga Town
Hall |
|
Thur
27 Nov |
10h00-17h00 |
East
London City Hall |
|
Fri 28 Nov |
10h00-17h00 |
Thombo
Community Centre |
|
Mon 1 Dec |
10h00-17h00 |
Lusikisiki
Teacher Training Centre |
|
Tues 2 Dec |
10h00-17h00 |
Mahaha
Junior Secondary School |
|
Wed 3 Dec |
10h00-17h00 |
Baleni
Clinic |
|
Mon 8 Dec |
10h00-19h30 |
Wild Coast
Casino, Egret Ballroom |
|
Tues 9 Dec |
10h00-17h00 |
Holy Cross
Community Hall |
|
Wed 10 Dec |
10h00-17h00 |
Taleni
Community Hall |
|
Thur 11
Dec |
10h00-19h30 |
Port
Shepstone Town Hall |
|
See also :
N2
Wildcoast Toll Project. -
South African National Roads Agency website
Wild Coast toll road sparks outrage - 19 November
Emotions ran high in Amanzimtoti on Tuesday night as local
residents turned out in force to protest against the proposed Wild
Coast Toll Highway. As tempers flared and arms waved in anger,
voices were raised at a number of specialists called in to present
various aspects of the draft
Environmental Impact
Assessment (EIA) of the proposed toll road, which would
bring a new toll plaza at Park Rynie and even closer to home at
Isipingo as well as several ramp plazas in the Toti, Athlone Park
area. - IOL website
N2
route along Wild Coast 'to benefit
locals' - 17 November
The economic spin-offs of a proposed N2 toll road through the
ecologically sensitive Wild Coast outweighed potential damage to
the environment and loss of wildlife diversity.
This is according to a draft Environmental Impact
Report (EIR) released last week for public comment.
The report, with a 69-page executive summary, was
undertaken for the SA National Roads Agency Limited (Sanral).
The release is the latest step in the proposed
construction of the motorway from Buffalo City through Transkei to
Isipingo south of Durban, cutting out 85km of the existing N2
route. It will be interspersed with seven main toll plazas.
- Dispatch Online website
Miscellaneous
Sell your car to settle bill - towing company - 19 November
A Johannesburg man had to sell his crashed car to a towing company
to pay a towing bill which he has denied authorising. But the
police said he signed the towing papers, so it was legal. Thando
Stuurman crashed his 14-year-old Uno Fire in Louis Botha Avenue on
a Saturday night. His car was removed from the scene, although he
said he had only agreed that First Road Emergency could tow it to
a garage 20 metres away. When First Road Emergency reopened on the
Monday, Stuurman found his vehicle at the towing company's
premises. He was slapped with a bill of R6 840. He insisted he had
not been told how much it would cost to tow his car the agreed
20m, and that he had not agreed to its removal to the towing
company's premises. His brother had been on his way to help him
move the car when the towing company took it away, he said.
Stuurman's R6 840 bill included : R3 950 for towing ; R750 for
storage ; R750 for administration ; R550 for security and R840 for
VAT. - IOL website
Missing snorkel has Aussie gasping for air - 17 November
When Australian Rodger Pryce went looking for a snorkel for his
short-wheel-based Land Rover Defender, he opted to go online and
source a South African manufacturer. It was a decision he has come
to regret. Nearly a year after he paid for the snorkel, he has yet
to see it - and the man who agreed to manufacture it, he says, has
gone to ground. Now a frustrated Pryce has hired a local
debt-collector to try to recover the R3 000 he paid. The man Pryce
claims conned him is Carrington Laughton, the alleged owner of
Unisnorkel, a company that specialises in manufacturing snorkels
for Land Rover vehicles. - IOL
website
Quest for justice continues at firm - 15 November
Don DeGabrielle retired as the Houston-based US attorney a week
ago and has begun his new job at the law firm Fulbright & Jaworski.
DeGabrielle talked to Houston Chronicle reporter Mary Flood
about his work and other things. "I was the first resident legal
adviser the Justice Department sent as a conduit to their
(South African) equivalent National Directorate of Public
Prosecutions". - Houston Chronicle
website
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Africa
AU seeks new path on gender issues - 20 November
Minister in the Presidency, Dr Manto Tshabalala-Msimang will
represent South Africa at the African Development Forum. The sixth
African Development Forum (ADF VI) is running until tomorrow at the
United Nations Conference Centre in Addis Ababa, Ethiopia. This year
the forum is convened under the theme "Action on gender equality,
empowerment and ending violence against women in Africa". The forum
is one of the principal events of the Economic Commission for
Africa's 50th Anniversary celebrations, and is jointly convened with
the African Union (AU) and the African Development Bank (ADB). -
Pretoria
News website
Mauritius
Mauritius to set up digital land database - 16 November
Mauritian Minister of Housing and Lands Abu Kasenally will on
Tuesday introduce a bill in Parliament, making provision for the
implementation of the Land Administration, Valuation and
Information Management System (LAVIMS) Project, which involves the
setting up a digital land database on the island. One official at
the Ministry said the LAVIMS was meant for survey and land use
planning and for the valuation of the premises for the purposes of
any tax, rate or due. -
Afrique en ligne website
Somalia
India's action the template for dealing with piracy - 22
November
The sinking of a Somali-based "mother ship" involved in acts of
piracy by an Indian Navy frigate earlier this week is precisely
the affirmative action required, but so far missing, in
confronting a festering problem with global effects. Sea piracy is
reported to be costing the world economy up to $US16 billion
($A25.2 billion) a year, according to US studies. The Indian Navy
has pointed the way for other Indian Ocean countries to make
combating it a top priority, perhaps within - but not necessarily
restricted to - an expanded framework of the existing South Asian
Association for Regional Cooperation. -
The Age website
India navy 'to go after pirates' - 21 November
The Indian navy has been given formal approval by the United
Nations to go after pirate ships in Somali waters, the BBC has
learnt. On Tuesday, an Indian warship sank a suspected Somali
pirate vessel after it opened fire on it in the Gulf of Aden. -
BBC News website
It's war! Saudi opposes negotiations with pirates - 21
November
Saudi Foreign Minister Prince Saud al-Faisal said Friday he was
opposed to any negotiations with pirates, reiterating his
assertion that sea piracy was "like terrorism". Somali pirates who
captured the Sirius Star supertanker and its 100 million dollar
load of oil last Saturday off the coast of Kenya have given the
Saudi owners of the vessel 10 days to pay a 25 million dollar
ransom. "Like terrorism, it is an evil that has to be eradicated,"
Prince Saud told reporters in Oslo after talks with his Norwegian
counterpart Jonas Gahr Stoere. -
asia one news website
Zimbabwe
Zim
negotiators set to meet over draft bill next week - 21
November
Negotiators from Zimbabwe's three main political parties will meet
in South Africa next week to discuss a draft of the Constitutional
Amendment Number 19 Bill set to give effect to a power sharing
agreement signed on 15 September. Government drafters completed
the Bill earlier this week and dispatched it to former South
African President Thabo Mbeki, the regional mediator in the
six-month long effort to put in place an inclusive government
following disputed elections on 27 June. -
BuaNews Online website
See also :
South Africa. Foreign
Affairs. Zimbabwe above
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Asia
India
Indian mining policy overhaul seeks to stimulate sector - 14
November
India is seeking to encourage foreign private-sector involvement
in its mining sector, including by junior exploration companies.
"A major part of our mineral wealth has
not been properly prospected", reports
Indian Ministry of Mines secretary Shantanu Consul.
"That is the challenge facing us – how
to bring more of our mineral resources into play, through better
reconnaissance".
Although 98% of India’s land surface has been covered by
first-generation geological maps, to scales of either 1:63 360
(that is, one inch equals one mile) or 1:50 000 (one centimetre
equals 500 m), reportedly only 50% has been explored for minerals
and only 4% has so far been subject to geochemical mapping
(although this last programme is being targeted on promising
areas). - Creamer Media's
Mining Weekly website
Russia
Russia lawmakers approve longer presidential term - 19
November
A proposal to extend the Russian president's term by two years
moved closer to becoming law on Wednesday when the lower house of
parliament approved it on its penultimate reading. Kremlin critics
say the extension of the presidential term from four to six years
is part of a scheme to return powerful former president Vladimir
Putin to his old job, but officials deny any such plan. -
Reuters website
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Europe
Arts and Culture
European
online library launches - 20 November
The British Library in London is among more than 1
000 cultural organisations making contributions to a European
online library. The free multimedia venture, Europeana, will also
see input from the European Commission and the Louvre Museum.
Internet users will be able to access more than two million books,
maps, recordings, photographs, archive documents, paintings and
films. - BBC News website
Environment
Final plea on Earth observation - 19 November
Earth observation scientists have made a last-minute plea to Gordon
Brown to put the UK's weight behind Europe's environmental
monitoring project, GMES. The 2bn-euro venture will build a full
picture of the state of the planet from satellite and ground-based
data. But despite the UK's oft-stated claim to lead the world on
climate policy, it has so far been lukewarm on GMES. -
BBC News website
Finance
Europe eyes targeted aid to carmakers - 18 November
Any European Union support for automobile companies will be
temporary and tied to goals such as improving the sector's
environmental performance, EU sources said on Tuesday. -
Reuters website
Labour Law
Ship breakers exploiting labour : EU - 19 November
Ship breaking which can expose workers to asbestos and other
hazards must be done more safely to cut down on high accident
rates, health risks and pollution, the European Union said on
Wednesday. - Business Report
website
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United Kingdom
Agriculture
EU reaches
deal on farm reforms - 20 November
EU farm ministers have agreed to reform agricultural policy by
shifting more subsidies away from production and liberalising the
dairy market. The deal on reforming the
Common Agricultural Policy
came on Thursday after protracted late-night talks. -
BBC News website
Criminal Law
Prostitute users face clampdown - 19 November
Paying for sex with prostitutes who are controlled by pimps is set
to become a criminal offence, Home Secretary Jacqui Smith is
expected to announce. She will also say that people who knowingly
pay illegally trafficked women for sex could face rape charges.
Buying or selling sex is legal but many prostitution-related
activities, such as soliciting and pimping, are not. -
BBC News website
Family Law
Madonna granted divorce in London - 21 November
Pop star Madonna and husband Guy Ritchie have been granted a divorce
at the High Court in London. A sworn statement released by the court
showed the pop star petitioned for divorce on the grounds of
Ritchie's unreasonable behaviour. Neither Madonna, 50, nor her
film-maker husband, 40, were in court on Friday. -
BBC News website
Madonna and Ritchie begin divorce - 20 November
Pop star Madonna and her film director husband Guy Ritchie are to
begin their divorce at the High Court in London on Friday, according
to court lists. A notice of the couple's decree nisi will be posted
at the Registry of the Family Division. According to reports, the
couple have reached a settlement over finances and sharing custody
of their children. If there are no disputes, a decree nisi can
become a decree absolute within weeks, legally ending the marriage.
- BBC News website
Health
Organ donation could still be made automatic, Gordon Brown says
- 17 November
Automatic consent for organ donation could still be introduced
even though a Government review rejected it, Gordon Brown has
said. The Prime Minister said he was still prepared to change the
law so that people would have to opt out of having their organs
harvested after death under the 'presumed consent' plans. Mr Brown
spoke after the Organ Donation Taskforce that reviewed the law
concluded that presumed consent should not be introduced in the
UK. - Telegraph website
See also:
The potential impact of an opt out system for organ donation in
the UK : an independent report from
the Organ Donation Taskforce on the
Department of Health website
Published 17 November 2008
Human Rights
US
Lockerbie families compensated - 21 November
The families of the 180 US victims of the bombing of Pan Am
flight 103 over Lockerbie, Scotland, say they have received full
compensation from Libya. In Washington, family members claimed
victory in their quest for justice. Libya paid $1.8bn (£1.2bn)
in October into a fund to compensate victims of the 1988 bombing
- which killed 270 people - and other attacks. The payment has
cleared the last hurdle to restoring full diplomatic relations
between the US and Libya. - BBC
News website
Lord Goldsmith's advice on Iraq invasion 'flawed', says former
top judge - 7 November
Lord Bingham believes there was 'a serious violation of
international law and the rule of law' by Britain. But the
former Attorney General stands by his advice to Tony Blair in
2003 that military action against Iraq was lawful. And Jack
Straw, the Lord Chancellor, also challenges Lord Bingham's view.
- Telegraph website
Labour Law
Law firm denies exploiting sick miners - 19 November
Beresford Solicitors, the law firm, today denied exploiting sick
miners and their families and defended its right to earn
millions of pounds from compensation payouts. The firm's
partners, Jim Beresford and Douglas Smith are accused of 11
counts of professional misconduct.
They are appearing before the Solicitors'
Disciplinary Tribunal in central London for allegedly failing to
act in the best interests of their clients and failing to give
them adequate advice. -
Times Online
website
Land Affairs and
Property
Law Society warns that online competitions to win a home could
be unlawful - 18 November
There are growing concerns about the legality of online
competitions that offer the chance to acquire a home for as
little as £25. As a result, home sellers are being warned by the
Law Society to tread carefully in relation to homes being sold
via competitions or risk breaking the law. An increasing number
of homeowners are attempting to organise competitions whereby
entrants pay for the chance to win their property as it becomes
harder to sell in the current economic downturn. -
Home Move website
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United States
Conservation
Bush
'seeks to ease wildlife law' - 20 November
US environmentalists have accused President George W Bush of trying
to rush through changes to the
Endangered Species Act
in his last days in office. They say the changes could take away
protection for animals and plants facing possible extinction. The
Bush administration wants to make it easier for drilling, mining and
major construction projects to go ahead without a full scientific
assessment. - BBC News website
Cyberlaw
US
'cyber-bullying' case begins - 18 November
Initial jury selection has begun in the trial of a Missouri
woman alleged to have used a fake MySpace profile to bully a
girl who later killed herself. Lori Drew, 49, allegedly posed as
a boy on the website to befriend Megan Meier, 13, who hanged
herself after the "boy" broke off the virtual relationship. Ms
Drew denies charges of conspiracy and accessing protected
computers without authorisation. The trial is being seen as a
landmark case concerning internet law. -
BBC News website
Woman posed as teen online in suicide case : attorney - 20
November
A Missouri woman established a fake identity online to torment a
vulnerable teenage girl who later committed suicide, federal
prosecutors said on Wednesday in a trial that is being closely
watched by the burgeoning social networking industry. Prosecutors
say Lori Drew, 49, posed as a teenage boy named Josh Evans on the
social networking website MySpace.com and exchanged messages with
13-year-old Megan Meier. - Reuters
website
Environment
Obama vows climate 'engagement' - 18 November
US President-elect Barack Obama has pledged to "engage vigorously"
on climate change, ahead of next month's UN summit on the issue.
Mr Obama will not be at the talks in Poland but said the US would
"help lead the world" once he has taken office. -
BBC News website
Finance
Lawmakers, Treasury lock horns on foreclosures - 19 November
Treasury Secretary Henry Paulson and members of Congress clashed
on Tuesday over the best use for the $700-billion financial
bailout fund, with lawmakers demanding money to stem a national
wave of mortgage foreclosures. -
Reuters website
Human Rights
Cheney
charged over jail 'abuses' - 19 November
A Texas grand jury has charged US Vice-President Dick Cheney for
"organised criminal activity" related to alleged abuse of
private prison inmates. The indictment says Mr Cheney - who has
invested $85m (£56) in a company that holds shares in for-profit
prisons - conspired to block an investigation. The indictment
has not been seen by a judge, who could dismiss it. -
BBC News website
Lawmaker accuses Bush of secrecy over Iraq deal - 19
November
The US government is refusing to make public the security pact
it has signed with Iraq, even though it has already been
published in full in an Iraqi newspaper, a congressional hearing
was told on Wednesday. Defense Secretary Robert Gates and
Secretary of State Condoleezza Rice were holding a closed
briefing for US House of Representatives members on the pact
signed on Monday that sets a 2011 deadline for US troops to
withdraw from Iraq. - Reuters
website
Detainee will face new war-crimes charges - 18 November
Military prosecutors have decided to file new war-crimes charges
against a Guantánamo detainee who has been called the 20th
hijacker in the Sept. 11 terror plot, discounting claims that
his harsh interrogation would make a prosecution impossible.
Earlier charges against the detainee,
Mohammed al-Qahtani, were dismissed without explanation by a
military official in May and there had been speculation that the
Pentagon had accepted the argument that coercive techniques used
in questioning him would undermine any trial. -
New York Times website
Land Affairs and
Property
How geography, and GIS technology
makes a difference - 19 November
In a world where information is at our fingertips almost
instantly, why should the world of geographic information
systems (GIS) be any different? According to the Midland GIS
Solutions Web site, digital data contained within a GIS is
quickly becoming a primary mapping and analysis instrument in
business, government, education and other areas. This data
includes land assessment, land survey research, economic
development, land planning and development. -
Maryville Daily
Forum website
Politics
Obama expected to name Holder as first black US attorney-general
- 20 November
The first black person elected president of the United States is
poised to name Washington lawyer Eric Holder as the nation's
first black attorney-general - a historic appointment, but one
with some potential political problems over a 2001 pardon. -
Cape
Times website
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International
International Criminal
Court
SA advocate with a passion for human rights appointed to ICC in
the Hague - 16 November
A Durban advocate with a passion for human rights has been
appointed as a legal expert to the current session of the
International Criminal Court (ICC) in the Hague.
Anil Naidoo was appointed by the court's
coalition, a global body of more than 2000 non-governmental
organisations. He chairs the South African coalition of the ICC.
His appointment follows that of South African Navi
Pillay, who was a judge at the ICC for five years before being
appointed UN High Commissioner for Human Rights in September. -
The Times website
Trade and Industry
No date set for WTO ministerial meeting : diplomats - 17
November
The World Trade Organisation (WTO) is ready to intensify efforts
to complete the Doha round of multilateral trade talks, but has
not yet set a date for a ministerial meeting, diplomats said on
Monday. Speaking after a morning meeting with WTO Director-General
Pascal Lamy, the diplomats said negotiations on the long-sought
global trade accord would ramp up over the coming week, after
which ministers may be called to Geneva to seek a broad deal. -
Creamer Media's
Engineering News website
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