Commencement : 31 October 2008
PR 54/G 31604/21-11-2008 **

Amendment of Regulations
GN 1224/GG 31603/14-11-2008 **

Electronic Communications Act 36 of 2005

Notice of public hearings : Draft Regulations on the broadcasting digital migration framework
GenN 1421/GG 31610/14-11-2008 **

Regulations : party election broadcasts, political advertisements, the equitable treatment of political parties by broadcasting licensees and related matters
GN 1419/GG 31602/14-11-2008 **

Health Professions Act 56 of 1974

Regulations : Registration of intern biokineticists
GN 1226/GG 31605/21-11-2008 **

Regulations : Registration of intern medical orthotists and prosthetists
GN 1227/GG 31605/21-11-2008 **

Regulations to be issued in terms of section 10(1)(d)(iii) and (iv) to prescribe conditions on which the Commissioner may approve an entity for purposes of that section
GN 1236/GG 31614/21-11-2008 **

Marine Living Resources Act 18 of 1998

Amendment of Regulations
GN 1223/GG 31601/14-11-2008 **

National Environmental Management : Air Quality Act 39 of 2004

Regulations : Implementing and enforcing the Vaal Triangle Air-Shed Priority Area Air Quality Management Plan
GN 1242/GG 31615/21-11-2008 **

Amendment of Sectoral Determination 7 : Domestic Worker Sector, South Africa
GN 1225/G 31612/14-11-2008 **

Further Education and Training Colleges Act 16 of 2006

Schedule of names and qualifications of provisionally registered private further education and training colleges
GenN 1442/GG 31620/21-11-2008 **

Labour Relations Act 66 of 1995

Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Cape) : Extension of Sick Benefit Collective Agreement to Non-parties
GN 1238/GG 31618/21-11-2008 **

Cancellation of Government Notice : Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Cape) : Sick Benefit Fund Collective Agreement
GN 1237/GG 31618/21-11-2008 **

National Education Policy Act 27 of 1996

Calling for comments on the National Policy for an Equitable Provision of an Enabling School Physical Teaching and Learning Environment
GenN 1438/GG 31616/21-11-2008 **

National Environmental Management : Air Quality Act 39 of 2004

Intention to establish the Vaal Triangle Air-Shed Priority Area Air Quality Management Plan
GN 1241/GG 31615/21-11-2008 **

National Environmental Management : Protected Areas Act 57 of 2003

Declaration of land to be part of Golden Gate Highlands National Park in terms of section 20(1)(a)(ii)
GN 1239/GG 31619/21-11-2008 **

Intention to declare certain land situated in the Humansdorp, Knysna and George Registration Division, Eastern and Western Cape Provinces as part of the proposed Garden Route National Park
GN 1240/GG 31619/21-11-2008 **

National Road Traffic Act 93 of 1996

Determination of type of plate to be used in the Province of Gauteng
GN 1235/GG 31613/19-11-2008 **

Petroleum Pipelines Act 60 of 2003

National Energy Regulator of South Africa
Notice of intention to make rules : for public comment
GenN 1420/GG 31609/17-11-2008 **

Property Valuers Profession Act 47 of 2000

South African Council for the Property Valuers Profession : Rules for teh Property Valuers Profession, 2008
BN 119/GG 31604/21-11-2008 **

Quantity Surveying Profession Act 49 of 2000

The South African Council for the Quantity Surveying Profession : Call for nomination
BN 118/GG 31604/21-11-2008 **

Social Assistance Act 13 of 2004

Increase in respect of social grants
GN 1243/GG 31630/21-11-2008 **

South African Schools Act 84 of 1996

Call for comments on National Minimum Uniform Norms and Standards for School Infrastructure
GenN 1439/GG 31616/21-11-2008 **

**	Source : Sabinet

26 November 2008
CCT 26/08 [2008] ZACC 21
Geldenhuys v National Director of Public Prosecutions and Others
Keyphrases :
Criminal Law Amendment Act
Sexual Offences Act 23 of 1957

27 November 2008
643/07 [2008] ZASCA 155
Klopper v The Master of the High Court
Insolvency Act 24 of 1936 - Trustee's remuneration - s 63(1) - court upheld Master's refusal to allow an increase in remuneration in respect of the administration of the insolvent's estate

27 November 2008
237/08 and 467/08 [2008] ZASCA 154
Janse van Rensburg NO  v Steenkamp
Practice – res judicata – liquidators' reliance on different sections of Insolvency Act 24 of 1936 in consecutive proceedings to set aside dispositions – not giving rise to issue estoppel – reliance on 'once and for all' rule – not justified

27 November 2008
739/2007 [2008] ZASCA 153
ATM Solutions (Pty) Ltd v Olkru Handelaars CC
Mandement van spolie not granted for the protection or enforcement of a mere contractual right : appeal against order of high court dismissed

27 November 2008
54/08 [2008] ZASCA 152
Flanders v Trans Zambezi Express
Delict – motor vehicle accident – collision with un­lighted obstacle at night – negligence of driver

27 November 20
246/08 [2008] ZASCA 151 08
Nomazoza v S
Guilt of accused not proved

27 November 2008
327/07 [2008] ZASCA 150
Nyabo v S
Criminal procedure – single witness – identification – factors influencing reliability

27 November 2008
186/08 [2008] ZASCA 149
Matsabu v S
Criminal procedure – s 252A of Criminal Procedure Act 51 of 1977 – trap – admissibility of evidence

27 November 2008
64/2008 [2008] ZASCA 148
William Van Der Riet Family Trust trading as Cathedral Peak Hotel v Hospitality Industry Pension Provident Fund
Pension Funds Act 24 of 1956 – Rules of pension fund – interpretation – obligation of employer – agreement obliging employer to pay increased contribution of 6% of employee members' salaries

27 November 2008
271/2008 [2008] ZASCA 147
Morgan v The State
Appellant implicated by two members of a gang in a shooting and killing of a fellow gang member – appellant perceived as member of a rival gang - evidence to be treated with caution to eliminate the risk of false incrimination.
Alleged conspiracy between witnesses to falsely implicate appellant found not to exist – their evidence considered in its totality found to be acceptable despite contradictions

27 November 2008
9/08 [2008] ZASCA 146
City of Johannesburg v Even Grand
Properties sold in terms of s 34(2) of Administration of Estates Act 66 of 1965 – s 118(2) of Local Government : Municipal Systems Act 32 of 2000 not applicable – interpreting s 118(1) according to plain meaning does not lead to result not intended by legislature

27 November 2008
732/07 [2008] ZASCA 145
Bredenhann v S
Murder – factual issue whether appellant was guilty of murder or being an accessory after the fact to murder. (Judgment in Afrikaans)

27 November 2008
143/2008 [2008] ZASCA 144
Legator McKenna Inc v Shea
Act 66 of 1965 – sale of estate property by curator bonis prior to issue of letters of curatorship under s 72 of the Act – subsequent transfer of property pursuant to sale – abstract theory of transfer – validity of real agreement notwithstanding invalidity of sale – non-availability of enrichment claim
Keyphrase :
Administration of Estates Act 66 of 1965

27 November 2008
716/2007 [2008] ZASCA 143
King v SA Weather Service
Copyright ; owner of copyright ; work made in the course of employee's contract of employment is owned by employer ; determination of whether work made in the course of employment

27 November 2008
162/2008 [2008] ZASCA 142
Surmon Fishing (Pty) Ltd v Compass Trawling (Pty) Ltd
Company – exercise of powers of - by directors

27 November 2008
036/08 [2008] ZASCA 141
Brooks v Minister of Safety and Security
Delict – liability of State - for loss of support in consequence of the incarceration of the breadwinner

27 November 2008
142/08 [2008] ZASCA 140
Nedbank v Pestana
Banker – transfer of funds to client's account – whether bank entitled to reverse transfer without client's authority in view of bank’s appointment as agent in terms of s 99 of Income Tax Act 58 of 1962

27 November 2008
597/07 [2008] ZASCA 139
Boundary Financing v Protea Property
Rectification and interpretation of contract – prescription does not run against a claim for rectification
Keyphrase :
Edward Hotel property in Durban

27 November 2008
400/07 [2008] ZASCA 138
Kruger v Joles Eiendom (Pty) Ltd
Servitude-interpretation where ambiguous

26 November 2008
263/08 [2008] ZASCA 137
National Director of Public Prosecutions v Moodley
Written authorisation of NDP in terms of s 2(4) of POCA given prior to accused pleading to charge of racketeering – whatever meaning given to 'charged' in s 2(4), prosecution lawful at least from date of authorisation

26 November 2008
081/2008 [2008] ZASCA 136
Siltek v Business Connexion
Set-off – requirements therefore restated

26 November 2008
146/08 [2008] ZASC 135
Van Rooyen v Rorich Wolmarans & Lόderitz
Insolvensie – feitevraag of aan respondent as aktevervaardiger opdrag deur kurators van 'n insolvente boedel gegee is om die opbrengs van die verkoop van boedelbates aan 'n derde oor te betaal

26 November 2008
653/07 [2008] ZASCA 134
Fourway Haulage v SA National Roads Agency
Delict – pure economic loss – meaning of – policy considerations relevant in determining wrongfulness – remoteness of damage – application of flexible test

Pay up if your mistake closes a toll road - 28 November
If your careless accident closes a toll road, be prepared to pay up. The Supreme Court of Appeal has ruled that a trucking company that spilt 42 tons of asbestos on a toll road, leading to its closure for 24 hours, will have to foot the bill for the toll agency's lost customers. Fourway Haulage admitted that its driver was responsible for a November 2003 collision with a delivery vehicle, which resulted in its truck overturning and spilling its dangerous cargo on the N1 national road between Polokwane and Mokopane in Limpopo. - IOL website

26 November 2008
164/08 [2008] ZASCA 133
Street v The State
Appeal against conviction of being an accessory after the fact to murder. Court a quo making factual findings not justified on the evidence. Conviction replaced with one of common assault and sentence reduced to an appropriate punishment for assault

26 November 2008
145/2008 [2008] ZASCA 132
S v Pretorius and Another
Appeal against sentences of five years' imprisonment for 91 counts of fraud : no material misdirection : sentences regarded as appropriate : appeal dismissed

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

"Unintended damage" in the context of contract works policies - 18 November
Allianz Insurance Ltd v Rhi Refractories Africa (Pty) Ltd
This is a matter in which the Supreme Court of Appeal was called upon to interpret the meaning of a contract works policy, more specifically the meaning and scope of the defective design or workmanship exclusion clause within the policy. Defective design or workmanship exclusion clauses, in the context of contract works policies, are notorious.  They have given rise to much debate and argument. - Article by Siya Mbolekwa of Deneys Reitz Inc on the itinews website

See :
3 December 2007
616/06 [2007] ZASCA 174 ; [2007] SCA 174 (RSA)
Allianz Insurance Ltd v RHI Refractories Africa (Pty) Ltd

Zuma Case

High-stakes legal battle in Bloemfontein - 27 November
A man who wants to be president, a former president and the country's top prosecutors will face off in a high-stakes legal battle in Bloemfontein on Friday. - Mail & Guardian website

Another day, another Zuma court appearance - 28 November
Constitutionally Speaking blog

NPA, Zuma's lawyers resume battle - 28 November
The Times website

Nicholson 'misinterpreted Constitution' - 28 November
Advocate Wim Trengove kicked off proceedings by attacking Nicholson's interpretation of the Constitution. According to Trengove, Nicholson misinterpreted section 179 (5)(d) of the Constitution, which gives the national director of public prosecutions (NDPP) the power to review a decision by a provincial director of public prosecutions (DPP) to prosecute or not. When this happens, the Constitution allows for accused persons to make representations to the NDPP before he decides whether to recharge. - Mail & Guardian website

'No decision to prosecute Zuma forever' - 28 November
There was never any decision not to prosecute ANC President Jacob Zuma "forever", advocate Wim Trengove told the Supreme Court of Appeal on Friday. In his August 2003 finding that there was prima facie evidence of corruption against Zuma, but not enough to win the case in court, former NPA boss Bulelani Ngcuka had made it clear that "this is our decision for now" Trengove submitted. "He never made a promise that no charges would be laid in the future". - IOL website

NDPP review made no sense - 28 November
It made no sense for decisions of the National Director of Public Prosecutions (NDPP) to be subject to review, while those of his juniors were not, the National Prosecuting Authority argued in the Supreme Court of Appeal. Advocate Wim Trengove said that members of the NPA at "lower levels" were not subject to review when they reversed their own decisions and that it was "wholly illogical" for only the NDPP to be subject to review. - IOL website

What promises were made in Zuma case - 28 November
IOL website

Trengove takes aim at Nicholson judgement - 28 November
Mail & Guardian website

Scrap mention of political meddling, NPA tells court - 28 November
Former president Thabo Mbeki and two of his justice ministers might be criminally charged if the Supreme Court of Appeal (SCA) confirms Judge Chris Nicholson's ruling that they interfered in the prosecution of African National Congress (ANC) president Jacob Zuma. That's according to the National Prosecuting Authority's (NPA) advocate, Wim Trengove, who argued on Friday morning that Nicholson's inferences of political interference should be scrapped. Asked by the appeal judges why they should rule on something that was not an order of the court, Trengove said he accepts the finding is "entirely irrelevant", but that it has profound consequences for the NPA. - Mail & Guardian website

NPA : ignore ruling against justice ministers - 28 November
Judge Chris Nicholson may have effectively found former justice ministers Penuell Maduna and Brigitte Mabandla guilty of political interference despite the act that there were no allegations made against them by ANC president Jacob Zuma, the Supreme Court of Appeal heard on Friday. Questioned by Deputy Judge President Louis Harms as to whether Zuma had specifically named the two minister in his allegations of political interference, Kemp conceded that neither had been named. - IOL website

Judge grills Zuma lawyer on Nicholson ruling - 28 November
Supreme Court of Appeal (SCA) Judge Louis Harms on Friday lashed out at Judge Chris Nicholson's findings that former president Thabo Mbeki and his Cabinet conspired against African National Congress (ANC) president Jacob Zuma. Harms, who is the most senior of the five judges hearing the National Prosecuting Authority's (NPA) appeal against Nicholson's ruling, told Zuma's advocate, Kemp J Kemp, that Nicholson might have thought he was doing Zuma a favour by ruling on issues that weren't even argued before him. - Mail & Guardian website

Durban

Principal accused of conning pupils - 25 November
The principal of a Salt Rock home school - who is accused of defrauding parents of between R400 000 and R500 000 in school fees and conning their children out of an education - has been granted bail in Durban's commercial crime court. Chavron Lewis spent the weekend at Westville Prison after she was arrested by Superintendent Piet du Plooy of the commercial crime unit on Friday. - IOL website

Durban

BEE man sues for share of company - 26 November
A partner in a Durban catering company has cried foul to the Equality Court, claiming he was used as a front to punt the company's black empowerment status and has now been refused the "shares" he is entitled to. Isaac Mzimela, a 50 percent member of Long Island Trading23 CC, trading as Flavours Catering, lodged the discrimination complaint against Susan Long, in her capacity as the other 50 percent member of the closed corporation. In his papers lodged with the court, he alleges "exploitation by virtue of my race" and humiliation. - IOL website

Prisoners fight transfer - 27 November
The department of correctional services acted unlawfully when it transferred ten prisoners from the Western Cape to the Mangaung maximum security facility in the Free State, the Cape High Court was told on Thursday. The prisoners have asked the court to overturn their transfer on the grounds that they were not told ahead of time that they were going to be transferred, and were not given a chance to make representations on the move. - IOL website

Judge rejects Zuma application - 24 November
The Cape High Court today struck from the roll an attempt to delay the hearing of the National Prosecuting Authority's appeal against the scrapping of Jacob Zuma's corruption charges. The Society for the Protection of our Constitution had wanted the hearing - set down for Friday in the Supreme Court of Appeal - to take place only after next year's general election. It sought an order forcing the ANC's national executive to file an application within 48 hours challenging the date. It also wanted the minister of justice to instruct the NPA to ask the SCA to postpone the appeal hearing until after the polls. However acting Cape judge president Jeanette Traverso ruled today that she had no jurisdiction in the matter. - The Times website

Judge denies tycoon's wife his money - 28 November
The lawyer representing perfume boss Stuart Ireland's wife asked the Cape High Court to urgently grant access to the tycoon's money. But Judge Jeanette Traverso said he could "stand on his head" before she would hear the matter. The case was postponed to next year. The Irelands are in the middle of a bitter divorce and Stuart has an interim interdict to stop his wife, Sylvia, using his money . - The Times website

SA's perfume tycoon in nasty divorce - 23 November
The Times website

School told to let boy finish year - 27 November
The father of a grade three pupil who was "removed from class" and told to clear his desk twice because of the non-payment of school fees has secured a court interdict compelling the school to let the boy back into the classroom. The father, who is at present unemployed, tendered to pay the almost R30 000 he owed to Clifton Preparatory School, Durban, so that his eight-year-old son could complete his academic year. - IOL website

Spotlight on organ transplant scandal - 25 November
A decision is to be made this week on who is to be prosecuted in the alleged international kidney transplant trafficking scandal which allegedly involved St Augustine's Hospital and eight KwaZulu-Natal doctors, specialists and staff. And a decision will also be made on what the proposed charges "the participants" should respond to, said Advocate Robin Palmer, a law professor at the University of KwaZulu-Natal, who has been called in to prosecute the case. - IOL website

See also :
Organ swop money fight below

Government agrees to pay a KZN mother - 25 November
A Ramsgate mother has been awarded almost R10-million in damages to assist with the care of her five-year-old son, who was born severely disabled because of negligence at Port Shepstone Hospital. Lawyers for the health department agreed on Monday to settle the matter moments before it was scheduled to go to trial in the Durban High Court. In terms of the settlement - which was made an order of court - the department will pay Fortunate Mkhize R9,7-million. - IOL website

29 November 2008
1619/08 [2008] ZAECHC 198
Hutton v Hutton

19 November 2008
483/2008 [2008] ZAECHC 197
Matomela v Presbyterian Church of South Africa

19 November 2008
1764/07 [2008] ZAECHC 195
Offit Enterprises (Proprietary) Limited and Another v Coega Development Corporation (Proprietary) Limited and Others
Expropriation : Minister of Public Works entitled to expropriate land within the Coega IDZ if expropriation for public purpose or in the public interest even if a third party may benefit from it. Property owners not entitled to challenge the validity of Coega's operator's permit collatorally. Property owners not entitled to a mandamus to direct the Minister to initiate a lawful expropriation process within a specific period of time

18 November 2008
1210/2008 [2008] ZAECHC 194
Fizik Investments (Pty) Ltd trading as Umkhombe Security Services v Nelson Mandela Metropolitan University

18 November 2008
3579/06 [2008] ZAECHC 193
Prinsloo v Road Accident Fund
Damages – Proof of – claim for personal injuries – loss of future earning capacity – Industrial psychologist disregarding equity considerations concerning prospects for promotion in South African Police Services – whether sedentary post by implication bar to promotion

17 November 2008
CA and R 41/07 [2008] ZAECHC 192
S v Mbanjwa

7 November 2008
1770/2008 [2008] ZAECHC 191
Jukuda v African Pioneer Investment Holdings Ltd and Another

6 November 2008
2605/2007 [2008] ZAECHC 190
Visser v Road Accident Fund
Negligence – what constitutes – collision at controlled intersection - failure to see motorcycle on through road – duty of motorist

Parents sue metro for R3m over flood tragedy - 27 November
The Port Elizabeth mother who lost her four-year-old daughter and her unborn child during torrential floods that devastated the Eastern and Southern Cape two years ago is now suing the municipality for close to R3-million. Jolene and Charl Sampson have launched a joint application in the Port Elizabeth High Court against the Nelson Mandela Bay municipality and the minister of safety and security. In court documents Jolene said her vehicle was swept along by the surging water as she entered the Riverstone Road crossing in Sherwood. In the Sampsons' particulars of claim they said the metro had a duty to promote an integrated and co-ordinated approach to disaster management in its municipal area. They further say the metro was under a legal duty to take reasonable steps to avoid or minimise injury, death and loss of property to members of the public who are affected by disasters. "They failed in their task by not monitoring the flood levels at the crossing, blocking the road or putting up effective signs after receiving advance notification of the heavy rains. They should further have controlled the flood water drainage at the crossing", said their particulars of claim. - Herald Online website

ATM bomber gets 30 years - 24 November
The country's first convicted ATM bomber was sentenced on Friday at the Pietermaritzburg High Court to an effective 30 years' imprisonment. Mzwakhe Gule will have to serve at least 20 years in jail before he can be considered for parole. He was sentenced to 10 years for malicious damage to property (the blowing up of the ATM), 20 years for each of the murders of two of his accomplices, eight years for unlawful possession of firearms and five years for attempted theft. - IOL website

Sentencing of ATM bomber applauded - 25 November
The country's first conviction and sentencing of an ATM bomber has been welcomed by police and the banking industry. - IOL website

26 November 2008
39270/2007 [2008] ZAGPHC 385
Bezuidenhout v Road Accident Fund

18 November 2008
39808/2007 [2008] ZAGPHC 384
Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd formerly Tropical Paradise 427 (Pty) Ltd and Others
Keyphrases :
Bengwenyama-ye-Maswati Royal Council
Bengwenyama-ye-Maswati Tribal Council
De Kom 252 KT
Eerstegeluk 327 KT
Garatouw 282 KT
Hoepakrantz 291 KT
Mineral and Petroleum Resources Development Act 28 of 2002
Nooitverwacht 324 KT

Nkwe ruling sets precedent for Section 104 suits - 22 November
The Pretoria High Court has dismissed with costs an application to have a prospecting licence awarded to Australian platinum miner Nkwe set aside. Nkwe has prospecting rights through majority shareholder Genorah, an empowerment company. The application was lodged by Bengwenyama Minerals, a traditional council and a community trust. Bengwenyama argued that it represented a local community with surface rights to two farms included under Genorah's prospecting permit. - Business Day website

Advocates to rule on ANC bigwig's application - 28 November
The Pretoria Society of Advocates is to decide at its annual general meeting whether it will still intervene in a Pretoria Supreme Court application by former Limpopo premier Ngoako Ramatlhodi to be admitted as an advocate. The society earlier this month indicated that it would object to Ramatlhodi's application as the National Prosecuting Authority (NPA) at the time indicated that the ANC heavyweight would face charges of corruption. - IOL website

The prize that 'got away' - 28 November
A 45-year-old Witbank man on Thursday denied doing anything fishy after he won a fishing competition thanks to catching a 9,5kg carp. The competition's organisers later took away his prize - a speed boat and trailer - claiming he had cheated. Dawie van Wyk turned to the Pretoria High Court to get his prize back, or alternatively R150 000 - the amount that the prize was worth. The organisers, however, claimed Van Wyk had cheated. They claimed that the winning carp was never caught in the Loskop Dam, but that Van Wyk had switched it with another fish. - IOL website

Derby-Lewis to know his fate soon - 25 November
A parole hearing for Clive Derby-Lewis, the killer of SACP leader Chris Hani, will be held in December, his attorney said on Tuesday. "The matter will be heard in the Pretoria High Court on December 9," said attorney Marius Coertze. In October, the court postponed the matter to allow the Hani family and the National Parole Board to be joined as co-respondents in the matter. - IOL website

Pyramid scheme trial gets go-ahead - 25 November
The eight accused in the multimillion-rand Krion pyramid scheme will face criminal charges against them after the Pretoria High Court on Monday turned down their application for a stay of prosecution. Pretoria High Court Judge President Bernard Ngoepe said the application was ill-conceived. - IOL website

Judgment held on Cradock 4 bid - 24 November
The Pretoria High Court reserved judgment on Monday in an application for amendments to the prosecuting policy on apartheid-era crimes to be suspended. Judge Francis Legodi did not indicate when he would give judgment on the matter. The families of Matthew Goniwe, Sicelo Mhlauli, Sparrow Mkhonto, Fort Calata (known as the Cradock Four) and MK operative Nokuthula Simelane sought a court order for the amended prosecuting policy to be suspended pending the outcome of an application to have the amendments declared unconstitutional. The families said the amendments afforded the perpetrators of apartheid crimes who either did not receive amnesty at the Truth and Reconciliation Commission, or did not apply for amnesty, another chance for plea bargaining with the State. - News24 website

Cradock Four families in court today - 24 November
Families of the slain Cradock Four will appear in the Pretoria High Court today to argue that the prosecution policy for apartheid- era crimes is unconstitutional. - Herald Online website

Indecent wedding proposal - 24 November
A Mpumalanga man has agreed to pay R337 000 in damages to a Bronkhorstspruit widow after he asked for her hand in marriage, only to marry someone else four days later. Anna-Marie Henderson claimed R337 000 from Samuel Viljoen in the Pretoria High Court.  In spite of denying any wrongdoing and stating that he and Henderson were only friends and not lovers, Viljoen agreed to settle the matter and pay the full amount she claimed from him. - IOL website

21 November 2008
Minister of Communications not to petition the Supreme Court in the Altech matter
SA Government Information website

18 November 2008
A5002/08 ; A5003/08 [2008] ZAGPHC 356
Bruwer and Another v Pholosa Asset Management (Pty) Ltd and Another

17 November 2008
A5046/07 [2008] ZAGPHC 355
Van Vuuren v Geneva Printotek (Pty) Ltd

Jeppestown massacre gang hear sentence - 27 November
Eleven of the 13 accused in the Jeppestown massacre were on Thursday given four life sentences each by the Johannesburg High Court for the murders of four police officers. Judge Ratha Mokgoatlheng also gave them 40 years each for other crimes relating to the incident. - IOL website

Jeppestown massacre : robber gets 20 years - 27 November
The "prime mover" behind the Pick 'n Pay robbery in Honeydew which eventually led to the deaths of four police officer in Jeppestown two years ago, was sentenced to 20 years imprisonment by the Johannesburg High Court on Thursday. Senzo Mweli, 29, was also sentenced to five years for attempted murder, which would run concurrently with the 20-year sentence. - IOL website

Organ swop money fight - 23 November
South Africa's largest private healthcare group Netcare, was paid significant sums by international organ broker Ilan Perry to harvest kidneys from live "donors", many allegedly from Brazil, for transplanting into Israeli patients at Durban's St Augustine's hospital. This arrangement, say both parties in court papers in the Johannesburg High Court, arose from an "oral agreement" that resulted in Netcare receiving from Perry a total of R19,4-million for 89 such operations at Durban's St Augustine's hospital between June 2001 and October 2003. - IOL website

See also :
Spotlight on organ transplant scandal above

Johannesburg

Justice for brothel owner - 27 November
Eight years after the assets of Andrew Phillips, who owned The Ranch - which was once the biggest "gentleman's club" in the country - were seized, criminal charges against him have been dismissed. He did not overrule the possibility of reopening his clubs. Phillips was charged with owning brothels, living off the proceeds of prostitution, procuring prostitutes for sex with patrons, and contraventions of the Aliens Act. In February 2000, his assets, including two brothels, homes and cars, were seized by the Scorpions and were placed under restraining order until his trial was concluded. On Wednesday, magistrate Stef Bezuidenhout acquitted Phillips on all counts, allowing him to make a legal representation to the Johannesburg High Court to force the Asset Forfeiture Unit (AFU) to return his goods, which are worth more than R50-million. - IOL website

Camperdown

26 November 2008
KwaZulu-Natal Executive Council calls for caution on blue lights
SA Government Information website

No one is above the law : Cele - 27 November
Opposition parties have welcomed transport, community safety and liaison MEC Bheki Cele's caution to VIP protection officers when using blue lights, but have said that he should have been tougher on the police officers. Cele addressed the officers in a closed meeting in Pietermaritzburg on Wednesday after the blue-light issue was thrust into the spotlight following an incident two weeks ago, in which eight people were injured. - IOL website

Blue light brigade : MEC's job on the line - 27 November
The KwaZulu Natal Legislature is set to debate whether the province's social welfare MEC should be dismissed. This comes after his VIP driver was arrested for allegedly shooting out the tyre of a motorist who was too slow in moving out of the fast lane. It will also discuss whether being late for a meeting constitutes an emergency. - IOL website

Johannesburg

Soldiers face mutiny-on-highway charges - 26 November
A column of soldiers who marched on the N12 and Golden Highway on Wednesday morning are now in the Johannesburg central prison. Police Captain Johan du Toit said the 75 soldiers, who were walking between the Lenasia and Doornkop bases, would be charged with mutiny and violating the traffic act. The SA National Defence Union said the department had failed to honour an October order by the Pretoria High Court to provide transport for soldiers at the Lenasia base since it had been closed and moved to Doornkop. - IOL website
Keyphrase :
Gatherings Act

Media release from the Women's Legal Centre : 28 November 2008

CCMA says Joburg Metro Police mistreated rape survivor

The Johannesburg CCMA has found the Johannesburg Metropolitan Police Department constructively dismissed a female traffic officer who had reported an allegation of rape against the chief superintendent.

The JMPD has been ordered to pay the complainant an amount equivalent to 12 months of her salary. The criminal trial against the chief superintendent is continuing.

The Department then failed to follow proper procedures to investigate the alleged rape or to take proper disciplinary steps against the alleged perpetrator of the rape despite pending criminal proceedings.

The complainant was verbally abused, harassed and intimidated by colleagues and managers. The Department also refused to refer work to the complainant and excluded her from all departmental activities- amongst a range of other occurrences - all flowing from the complainant's allegation of rape. The complainant subsequently resigned after several attempts to improve her employment conditions.

The complainant was employed by the Department for approximately six years, and reported the rape during May 2007. She resigned in April 2008.

Nicole Johnston, the CCMA Commissioner, found that the Department constructively dismissed the complainant as it made the complainant's continued employment with the Department intolerable and left the complainant with no option but to resign due to the unfair procedures followed by the Department and the bad treatment that the complainant was subjected to.

The complainant's case was argued before the Johannesburg CCMA by the Women's Legal Centre, a Cape Town based NGO focusing on women's rights litigation, on the instruction of People Opposing Women's Abuse, a Johannesburg based NGO specialising in the eradication of all forms of violence against women through legal advice services, counseling, advocacy and other forms of assistance.

Cherith Sanger of the Women's Legal Centre said : "It is appalling how state departments such as the JMPD, who are responsible for enforcing the law, fail to apply the law when dealing with its employees. The JMPD has illustrated a gross lack of respect for the labour laws. Our client was subjected to unfair and degrading treatment which violated her human dignity. She was discriminated against on the basis of her sex and gender in a male dominated department operating on principles of patriarchy as illustrated by the treatment she was afforded subsequent to raising an allegation of rape".

Wendy Isaack of POWA said : "This judgment is a great achievement for us as it exposes and attacks traditional patriarchal and oppressive work environments and holds the JMPD accountable for its failure to comply with the law and for depriving women of their legal and constitutional rights".

Note to editors :
If you would like a copy of the judgment, please call Dani Cohen at FD Beachhead 021-487 9000 / 082-897 0443

For more information contact :
Cherith Sanger, Attorney, Women's Legal Centre, 071-608 3357
Wendy Isaack, POWA, 011 642 4345

Issued by : FD Beachhead

Statements and Speeches

25 November 2008
Statement on the joint social sector Presidential Working Group meeting

25 November 2008
Independent Communications Authority of South Africa (Icasa) publishes carrier pre-selection draft regulations for public comment

24 November 2008
Address by HE Ms Baleka Mbete, Deputy President of the Republic of South Africa, at the Africa-Indian Ocean (AFI) Region Aviation Conference, Kwazulu-Natal

Conference tackling aviation issues - 25 November
The aviation skills shortage, aviation and the environment, and investing in airport infrastructure are some of the issues being discussed at the African-Indian Ocean Regional Air Navigation conference in Durban. Hundreds of delegates are attending the conference at the Albert Luthuli International Convention Centre. The conference aims to address efficiency and navigation planning issues in the AFI Region. - Witness website

Public to comment on school infrastructure policies - 24 November
The Department of Education has invited interested people and organisations to comment on the National Policy for School Infrastructure and National Minimum Norms and Standards for School Infrastructure. The policies gazetted by the department recently aim to regulate and formalise the provision of school infrastructure. The National Policy for School Infrastructure is published in terms of section 3(4) of the National Education Policy Act 27 of 1996. The aim of the policy is to provide guidelines towards an equitable provision of an enabling physical teaching and learning environment for all learners in South Africa, indicate clear roles and responsibilities and unify accountability in the provision of school infrastructure. - BuaNews Online website

Committee Minutes

Agriculture and Land Affairs Committee

21 November 2008
Land Bank Turnaround strategy : briefing by Land Bank and Minister's comment

19 November 2008
Annual Reports 2007/2008 : briefings by Department of Land Affairs and Commission on Restitution of Land Rights

18 November 2008
Provision of Land and Assistance Amendment Bill : adoption of NCOP Amendments : Minister and Department's briefing and adoption ; Department's Annual Report 2007/08 briefing

Arts and Culture Committee

19 November 2008
Kenyan Delegation discussion on National Heritage

18 November 2008
Budget Allocations Vote 12 for 2008/2009 : Departmental briefing

Communications Committee

18 November 2008
South African Broadcasting Corporation and Independent Communications Authority of South Africa Annual Reports 2007/8

Defence Committee

19 November 2008
Department of Defence Annual Report (Day 2)

18 November 2008
Department of Defence Annual Report 2007/08

Education Committee

19 November 2008
Department of Education Annual Report 2007/08

18 November 2008
Consideration of Amendments to National Qualifications Framework Bill and General and Further Education and Training Quality Assurance Amendrment Bill, hearings on 2007/08 Annual Reports of National Student Financial Aid Scheme, South African Council of Educator

Environmental Affairs and Tourism Committee

18 November 2008
National Environmental Management Bill [B36D-2007] : NCOP amendments

Finance Committee

18 November 2008
Global Economy in Crisis : Minister of Finance and National Treasury briefing

Health Committee

18 November 2008
Tobacco Products Control Amendment Bill and Medicines and Related Substances Amendment Bill : adoption of NCOP amendments

Housing Committee

19 November 2008
Violence and Xenophobia in South Africa : Human Sciences Research Council briefing

Justice and Constitutional Development Committee

19 November 2008
Remuneration Structure of Constitutional Court Judges and Judges, Rules in terms of Promotion of Access to Information Act, Draft Rules to High Court and Magistrate Court's Rules : deliberations and approval, Criminal Procedure Amendment Bill : deliberations

19 November 2008
Scorpions Closure : National Prosecuting Authority Amendment Bill and South African Police Service Amendment Bill : adoption of certain amendments proposed by NCOP

18 November 2008
Rules in terms of Promotion of Access to Information Act : public hearings ; Draft Amendments to High Court and Magistrate Court's Rules : consideration

Labour Committee

18 November 2008
Unemployment Insurance Fund on Ex-Mineworkers Report

Mineral and Energy Affairs Committee

19 November 2008
Mineral and Petroleum Resources Development Amendment Bill, Mine Health and Safety Amendment Bill and National Radioactive Waste Disposal Institute Bill : adoption of NCOP amendments and Department of Minerals and Energy Annual Report presentation

Private Members' Legislative Proposals Committee

20 November 2008
De Lille Legislative Proposal to Amend the Competition Act : deliberations

19 November 2008
Rabinowitz Legislative Proposals : Establishment of Feed-in Tariff to finance use of Renewable Energy ; and Proposal for outlawing use of transfats in food for sale to public : Discussions and referral of principles to Speaker

Provincial and Local Government Committee

19 November 2008
Adoption of Committee Minutes and Reports

Public Accounts Committee

21 November 2008
Department of Home Affairs and Land Bank : hearings

19 November 2008
Department of Correctional Services and National Prosecuting Authority 2007/08 Audits : hearings

Public Enterprises Committee

19 November 2008
Public Enterprises Portfolio Committee Reports : adoption

Public Service and Administration Committee

19 November 2008
Disabled Tourism : briefing; Public Service Commission's Fourth Consolidated Monitoring and Evaluation Report 2007 and State of Public Service Report 2008 : adoption of Committee Reports

Safety and Security Committee

19 November 2008
Meeting with Kenyan delegation ; Second Hand Goods Bill : NCOP proposed amendments : Briefing by SAPS and deliberations

Science and Technology Committee

18 November 2008
Department of Science and Technology Annual Report : briefing

Sport and Recreation Committee

19 November 2008
2010 World Cup Host Cities briefing on progress on Soccer Stadiums
Keyphrase :
2010 FIFA World Cup

18 November 2008
Auditor General on SRSA 2007/08 Audit Report

Standing Committee on Auditor General

18 November 2008
Election of Committee Chairperson ; External Auditor's appointment

NCOP Committees

Finance Committee

20 November 2008
Municipalities Reports : Ethekwini, Nelson Mandela Bay and City of Cape Town

18 November 2008
Ekurhuleni Metropolitan Municipality briefing

Local Government and Administration Committee

18 November 2008
Committee Oversight Reports to Xhariep, Mohokare and Ditsobatla Municipalities : adoption

Public Services Committee

19 November 2008
National Land Transport Bill : adoption

Security and Constitutional Affairs Committee

18 November 2008
Criminal Procedure Amendment Bill : deliberations and adoption ; Reform of Customary Law of Succession and Related Matters Bill : deferral ; Judicial Matters Amendment Bill : briefing and deliberations ; Approval of Rules ; Promotion of Access to Information Act : adop

Ad Hoc Committees

National Youth Development Agency

26 November 2008
National Youth Development Agency Bill : consideration and adoption

20 November 2008
National Youth Development Agency Bill : deliberations and adoption

19 November 2008
National Youth Development Bill : Drafters' response to public submissions

18 November 2008
National Youth Development Agency Bill : public hearings

Broadcasting Amendment Bill

Motlanthe asked to decline Broadcasting Bill - 25 November
Various opposition parties are petitioning President Kgalema Motlanthe to send the Broadcasting Amendment Bill back to Parliament. The bill was approved by Parliament last week in the face of dissent from most of the opposition parties. - IOL website

Expropriation Bill

Expropriation Bill no longer on hold - 24 November
Geoff Doidge, the minister of public works, did not want to lose momentum with the Expropriation Bill, which was withdrawn from the parliamentary process in September, he said on Friday. Work would continue on the legislation and the consultation process would be reopened. Doidge acknowledged arguments that the bill was unconstitutional, but "some of the legal opinions I have been reading indicate that it is not unconstitutional", he said. - Business Report website

KwaZulu-Natal Funding of Political Parties Bill

Public supports party funding law - 28 November
Members of the public have come out in support of a Bill that aims to allocate R20-million to political parties in the KwaZulu-Natal legislature, but have called for measures to ensure that the money is not used to buy votes. - IOL website

KwaZulu-Natal Heritage Bill

27 November 2008
Moses Mabhida Stadium to tell the story of KwaZulu-Natal
SA Government Information website

Mine Health and Safety Amendment Bill

'Unconstitutional' mine safety Bill could cost SA skills : chamber - 26 November
South Africa's new Mine Health and Safety Amendment Bill, which was passed last week, was "unconstitutional" and would lead to highly skilled managers and supervisors leaving the country, the country's Chamber of Mines warned on Wednesday. Should the Bill be signed into law by President Kgalema Motlanthe, employers could face heavy fines or could even be held criminally liable for the death of employees. "The Bill, as it stands, signals a significant move away from a system that is finely balanced between preventative and punitive measures, to one strongly emphasising punitive measures", the industry body said. - Creamer Media's Mining Weekly website

National Prosecuting Authority Amendment Bill and SA Police Service Amendment Bill

News release : 27 November 2008

Glenister's attorney sends letter to President

The attorney for Johannesburg-based businessman Hugh Glenister has sent correspondence to President Kgalema Motlanthe, urging him to take advantage of his constitutional powers by referring the Bills disestablishing the Scorpions to the Constitutional Court for review.

The letter is available on request or on http://www.sega.co.za/ScorpDocs/ (Society for the Enforcement of Government Accountability).

"We've set out the basis for which we believe the Court should review the Bills' constitutionality and summarised for the President the flawed process leading to their passage in Parliament", said attorney Kevin Louis. "When reviewing the Glenister case, the Court restricted its ruling to matters of jurisdiction rather than the constitutionality of the legislation ; we think they should be afforded that opportunity".

Louis also said that a number of NGOs and security-related think tanks have requested permission to send a delegation to see the President, including Bob Glenister.

All groups retained reservations as to the constitutionality of the Bills, their violation of international conventions and treaties signed by South Africa, and the improper consultation managed by the legislative houses.

"I exhausted my legal options", said Glenister. "But Mokotedi Mpshe's recent comments about how disappointed other African governments were in ours for disbanding this functioning law enforcement agency should be a reminder of our position on the continent. The President owes it to his constituencies and his reputation to ensure these Bills are constitutionally sound, or he should not sign them off".

Issued by : FD Beachhead

Technology Innovation Agency Bill

25 November 2008
Technology Innovation Agency (TIA) Bill signed into law
SA Government website

South Africa

Southern Cape advocates finally get own society - 24 November
The Southern Cape Advocates' Society (SCAS) was inaugurated at a gala dinner in George at the weekend. Cape High Court Judges Burton Fourie and Anton Veldhuizen, as well as advocate Rudi van Rooyen SC, chairman of the Cape Advocates' Society, joined 16 advocates from Knysna and George in formalising the society. The new SCAS board members are : chairman Rudolph Hiemstra SC, vice-chairman Eduard Bruwer SC, treasurer Lourens Joubert SC and secretary Paul de Bruyn SC. - Herald Online website

Canada

Merchant, law society kept legal fight secret - 25 November
A recent Appeal Court decision has revealed, for the first time, the existence of a years-long legal battle between the Law Society of Saskatchewan and prominent Regina lawyer Tony Merchant. Until now, it's been a battle fought in closed courtrooms, with all documents sealed from the public and Merchant's name cloaked behind the initials "EM and M Law Firm". There was no legitimate reason for the prolonged secrecy, the decision suggests. And until the case reached the province's highest court, no one appeared concerned about the principle of public access to court proceedings, let alone freedom of the press. - The Star Phoenix website

Scotland

New improved site for Journal Online - 26 November
The online version of the Law Society of Scotland's award-winning members' magazine has relaunched in a new and exciting format. At the same time its legal jobs section has been rebranded and given its own site in order to raise its profile to lawyers looking for work in the current recession. In addition to allowing free public access to current and archive issues of the monthly magazine The Journal, its website www.journalonline.co.uk now carries blogs, surveys, users' comments on articles and news items, and a weekly prize competition. -allmediaScotland website

See :

The Journal Online : the members' magazine of the Law Society of Scotland website
http://www.journalonline.co.uk/

Law Society blog
http://www.journalonline.co.uk/Blogs/Society/

United States

Lawyers wanted : abroad, that is - 21 November
Major American law firms have long had a presence abroad, staffed by a combination of local counsel and lawyers from the home office. But as the economic downturn continues to cause upheaval in corporate America and the law firms that serve it, many firms are relying on their international outposts to keep profits up - and a growing number of lawyers are starting to look overseas for work. Not long ago, the City of London was New York's primary competitor for financial talent, and Britain was often one of the first choices for lawyers deciding to head abroad. But with Wall Street in tatters and London struggling as the credit crisis plays out, lawyers and analysts say that the most promising places for legal careers are such far-flung locales as Dubai, Abu Dhabi and Hong Kong. - New York Times website

16 Days of Activism Against Gender Violence

22 November 2008
Address by Her Excellency Ms Baleka Mbete, Deputy President of the Republic of South Africa, at the opening ceremony of the 16 Days of Activism for no Violence against Women and Children Campaign
South African Government Information website

Campaign of activism against violence begins - 25 November
As the 16 Days of Activism Against Gender Violence campaign kicks off today, NGOs and police have vowed to intensify their efforts to end the scourge of violence against women and children. Even if a small percentage of women and children became aware of their rights, the objectives of the campaign would be achieved, NGOs said yesterday. - Herald Online website

Call for action as 16 Days Campaign kicks off - 26 November
BuaNews Online website

25 November 2008
Address by KwaZulu-Natal Premier Sibusiso Ndebele at the Provincial opening ceremony of the 16 Days of Activism for no Violence against Women and Children Campaign held at Mgwempisi Sports Field at Kwacele
SA Government Information website

'Stop blaming lack of resources' - 27 November
It's time for the government, courts and police to stop blaming a lack of resources for non-delivery and start focusing on improving services for victims of gender-based violence, says a national women's rights organisation. Delphine Serumaga, the director of People Opposed to Women Abuse, says that issues of "under-resourcing" must be addressed, as this is "an old excuse" and is "no longer valid". Serumaga was among the speakers at a Human Sciences Research Council round table event to mark this year's 16 Days of Activism campaign. - IOL website

Police and prisoners against abuse - 27 November
Inmates at Westville Prison have been encouraged to be ambassadors against woman and child abuse as part of the 16 Days of Activism campaign. KZN Men for Change spokesperson Sisule Mhlungu said : "The purpose of this campaign is to rehabilitate inmates and to change their mindset about women and child abuse". - IOL website

Do men suffer spousal abuse? - 25 November
IOL website

The two sides of spousal abuse - 13 December 2007
My Digital Life website

Emotional abuse scars deeper - 26 November
BuaNews Online website

'I am not a victim, but a survivor' - 26 November
When I was 16, young and vulnerable, had not even experienced puppy love as yet, I was chosen while at a wedding, to be married to a man 10 years older than myself. While growing up as a typical South African Indian girl, deeply held morals, values and belief systems were passed on to me. - IOL website

Violence against women in the Muslim community - 28 November
Article by Ahmed Motala. - Thought Leader blog

Mom stabbed to death in front of kids - 26 November
A Pretoria mother, whose children fruitlessly begged police for help, was stabbed to death as she fled from her enraged husband. The horrific murder of estate agent Henriatte Phillips, who had a protection order against her estranged husband, occurred on the night government launched its 16 Days of No Violence Against Women and Children campaign. The attack coincided with the revelation by the Independent Complaints Directorate (ICD) that 65 percent of police stations do not comply with the Domestic Violence Act and the Domestic Violence National Instruction. - IOL website

Digital game to help in fight against domestic violence - 21 October
Creating a fun game may seem an unlikely way to tackle the serious problem of domestic violence. But that's the task facing a team of college students in quaint Vermont. An added challenge : the digital game has to be appealing and accessible to young people half a world away, in the townships of Cape Town, South Africa. A team of 15 students from Champlain College in Burlington, Vt, was hired to work on the project with the school's Emergent Media Center. The students include art and marketing majors as well as programmers and electronic game designers. Along with faculty supervisors, they recently traveled to Cape Town to better understand what kind of game scenarios might help young people challenge the patterns that lead to abuse. They surveyed and interviewed teens on how they spend free time, what technology they use, and how they view gender and violence. - Women's Net website

Champlain College students head to South Africa for UN project - 22 August
The Emergent Media Center at Champlain College was recently awarded a $600 000 grant from the United Nations Population Fund to create an electronic game for young boys in developing nations targeted at preventing violence against women. This will be a global initiative, with an initial focus on South Africa. - Champlain College website

See also :

Games take on Violence Against Women blog

Ending Violence Against Women : 16 days of activism
UNFPA website

Communications

When what you say is embarrassing - 15 November
With the mounting media hype around the recorded comments made by Luke Watson on the Springbok rugby jersey, little attention has been directed at the person who did the recording. The relevant Act is the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2002 (RICA). - Article by Kevin Illes of Bowman Gilfillan Attorneys on the itinews website

Dissident enrages e.tv brass - 25 November
An e.news employee who slammed the station, made fun of editor-in-chief Debora Patta's tan and called its management "power-crazed" on a website faces disciplinary action. Llewellyn Kriel - who was fired last year after he slammed online his previous employer, our sister newspaper, Sowetan - made the comments on media industry website BizCommunity.com. - The Times website

Avusa fires journalist for blogging - 30 November 2007
The firing of Sowetan sub-editor Llewellyn Kriel yesterday, Thursday, 29 November 2007, by Avusa (formerly Johncom) is a huge talking point in the media community and has been picked up by Arthur Goldstuck's Amablogoblogo, where he has highlighted how the case illustrates the conflict of new and old media. His insights make for thought-provoking reading. - BizCommunity website

It wasn't racism that burnt Bullard's bridges - 14 April 2008
What actually sealed Bullard's fate was an article he wrote in Empiremagazine a month ago in which he strongly criticised Sunday Times for the way in which it handled his motoring features. Bullard clearly did not learn any lessons from the fate of Sowetan sub-editor Llewellyn Kriel who was fired by Sunday Times owners, Avusa, in November last year for criticising his employers in a blog published on a competitor's website. - BizCommunity website

Correctional Services

Prisons race shock - 25 November
Members of the so-called coloured population are incarcerated at a rate almost double that of their black compatriots, says the SA Institute of Race Relations (SAIRR). Evidence suggested the higher prison rate could be attributed to the prevalence of gangsterism, alcohol and drug abuse among this group, the institute said in a statement on Tuesday. - IOL website

24 November 2008
Operation Vala Campaign
SA Government Information website

Call to improve prisons' mental health care - 22 November
The criminalisation and incarceration of people with mental illness is a human rights issue in need of urgent attention in countries around the world, particularly in Africa and Asia. This opinion is expressed in Global Health Watch 2, which was launched in Cape Town last week. It is an alternative world health report and one of its chapters takes a critical look at prisons and mental health. - IOL website

Courts

Conference to get Joburg arts practitioners talking - [26 November]
The Johannesburg Art Gallery (JAG) and the Constitutional Court are hosting a conference in early December that is set to provoke stimulating debate around the state of the arts and creative expression in South Africa today. On Thursday, 4 December from 10am to 12.30pm at the Constitutional Court's conference centre, the thorny issue of freedom of expression and how it relates to the media, creative rights and the independence of the judiciary will be discussed. The afternoon session, between 2pm and 4.30pm, deals with the role of the arts in society through education. - artzone website

Criminal Justice System

Proposed justice system challenges criminals, police - 26 November
Criminals who think going to jail is a holiday and police who are not doing their jobs face tough challenges as parliament kick-starts the proposed Integrated Criminal Justice System. Public hearings were held yesterday at Port Elizabeth's Nangoza Jebe (Centenary) Hall. The proposed system was explained by parliament's portfolio committees on safety and security, justice and constitutional development and correctional services. - Herald Online website

Public hearings on the country's justice system underway - 26 November
Parliament's Select Committee on Security and Constitutional Affairs is this week holding public hearings into the proposed Integrated Criminal Justice System. The committees will then report back to Parliament on the public's views on the National Prosecutions Authority Amendment Bill and the South African Police Amendment Bill which will see the disbanding of the Directorate of Special Operations (DSO). The DSO is to be located under the South African Police Services. The integration of the DSO into the South African Police Service forms part of government's review of the Criminal Justice System (CJS). - BuaNews Online website

Education

Policy for school equity gazetted - 25 November
The national education department has taken its first steps towards establishing equity in the physical environments of schools by gazetting policy on Friday that aims to address infrastructure backlogs. The two policy documents - which are now open for public comment - deal with establishing norms and standards for teaching environments, standardised architectural designs of schools, classroom sizes, and school site and population sizes, among other issues. - IOL website

See :
Government Notices above

Winfrey asks court to dismiss defamation lawsuit - 24 November
Oprah Winfrey wants a court to dismiss a defamation lawsuit filed by the ex-headmistress of her girls school in South Africa. Nomvuyo Mzamane is suing Winfrey in federal court in Pennsylvania over remarks she made on her Chicago-based talk show about a sex-abuse case at the school. The ex-headmistress lives in the Philadelphia area and says she cannot find work because of Winfrey's comments. Winfrey says she and her defendant companies have no business ties to Pennsylvania and should not be sued there. - Associated Press website

Emigration and Immigration

South African sun loses its shine - 28 November
South Africa may have glorious weather, beautiful scenery and more than 2 700 miles of coastline, but British expatriates and locals who hold British passports are deserting the country in droves. That is the view of the currency specialist Caxton FX, which has reported a 22 per cent increase in the number of South Africans repatriating funds to the UK in August and September. Year-on-year, the figures are even more striking. - Times Online website

Environment

10 years of environmental impact assessments in South Africa
Conference website

Draft report on effectiveness of SA's EIA system released - 25 November
The Department of Environmental Affairs and Tourism (Deat) has released a draft report for public comment, on the effectiveness and efficiency of the environmental-impact assessment (EIA) system in South Africa. The overall effectiveness of EIAs in South Africa meeting the requirements put forward in the National Environmental Management Act (Nema), was marginal at best, Deat chief director of environmental-impact management Liza McCourt said on Tuesday. - Creamer Media's Engineering News website

See :
Draft EIA Review presented at Ten Years of EIA in SA Conference
Stakeholders are invited to submit comments on the draft report to DEAT by 15 February 2009
Department of Environment and Tourism website
* * * Not yet online * * *

24 November 2008
Speech by Marthinus van Schalkwyk, Minister of Environmental Affairs and Tourism delivered at the opening of the conference "10 years of EIA's in South Africa" Somerset West
SA Government Information website

New environmental management system won't rely solely on EIAs : Minister - 24 November
South Africa would make use of more instruments than just environmental-impact assessments (EIAs), as it develops a new environmental-impact management (EIM) system, Environmental Affairs and Tourism Minister Marthinus van Schalkwyk said on Monday. He said the EIM would still use an EIA where it is the most appropriate instrument, but that the new system would move away from its sole reliance on EIAs to a system based on "true integrated environmental management". - Creamer Media's Engineering News website

'Consolidating Act' would help streamline cumbersome EIA rules - 24 November
The laws and regulations governing environmental-impact assessments (EIAs) have grown incrementally and erratically over time and were now exceedingly complex, University of Cape Town environmental studies Professor Richard Fuggel argued on Monday. Speaking at a ten-year assessment of EIAs conference, under way in Cape Town, Fuggel also called for the creation of a "consolidating Act" to draw together and simplify EIA legislation and regulations and to make them enforceable. - Creamer Media's Engineering News website

New environmental era dawns for SA - 26 November
South Africa‘s environmental impact assessment system, besieged by calls from powerful government and development groups, has moved into a new era. The move came at a conference in Somerset West yesterday aimed at considering the successes and failures that have emerged in the decade environmental impact assessment (EIA) – "the practical evocation of sustainable development" – was first introduced in South Africa as a regulatory instrument. - Herald Online website

Trust in DME dealing with environmental matters at 'all time low' - 26 November
Civil society’s trust in the ability of South Africa's Department of Minerals and Energy (DME) to deal with environmental matters is at "an all time low", says Johan Nel, from the North West University's centre of environmental management. Nel, who was speaking at the ten-year assessment of environmental impact assessments (EIAs) this week, said that civil society no longer trusted the DME to deal with environmental issues because the department's primary purpose was to be the protagonist of mining activities. - Creamer Media's Mining Weekly website

25 September 2008
National Policy Development Process for High Temperature Waste Incineration and AFR Co-processing in Cement Production
Department of Environmental Affairs and Tourism website

18 November 2008
Regulations for the control of use of vehicles in the coastal zone : summary table of records of decisions
Department of Environmental Affairs and Tourism website

Mining, medicine, farming and the next crisis - 21 November
A serious water quality issue that was about to "burst into the boardrooms of large corporations and the corridors of government" was acid mine drainage from coal and gold mining, according to CSIR scientist Anthony Turton. Another issue was the high levels of eutrophication in the country's water - an increase in chemical nutrients, often from fertilisers, that leads to plant bloom and decay, polluting the water and removing the oxygen. These were some points Turton raised in the keynote address, A Clean South Africa, that the CSIR executive prevented him from giving on Tuesday at a CSIR conference entitled Science Real and Relevant. - IOL website

See :

Three strategic water quality challenges that decision-makers need to know about and how the CSIR should respond / A Turton
Abstract
Full paper
CSIR website

Statement  by the CSIR on the suspension of researcher, Dr Anthony Turton
CSIR website

CSIR suspends top water scientist - 23 November
An internationally acclaimed water-resource expert has been suspended from the Council for Scientific and Industrial Research after sounding the alarm bell on a looming water crisis in South Africa. The move followed just days after the CSIR barred the top scientist from delivering the keynote address at its biennial conference in Pretoria on Tuesday. The hard-hitting presentation by Dr Anthony Turton warned of an impending water quality disaster that had the potential to spark public violence. - The Times website

Water researcher suspended for 'insubordination' - 24 November
The council executive of the CSIR on November 21 suspended Dr Anthony Turton, a political scientist who specializes in the study of water resource management, effective immediately. It charged him with insubordination and bringing the CSIR into disrepute, The Star said. Others in South Africa wonder if the move is an attempt to suppress Turton's views on South African water policies. - WaterTech Online website

An inconvenient truth - 25 November
When Water Affairs and Forestry Minister Lindiwe Hendricks said in Parliament this year that SA was not facing a water crisis, we believed her. But now a hard-hitting paper outlining just how critical SA’s water situation is has been banned from being delivered, and its author, Anthony Turton, an internationally respected political scientist at the Council for Scientific and Industrial Research (CSIR), has been suspended and charged with insubordination. If there was anything that should rouse South Africans from their slumber about the impending water-supply crisis, this outrageous act of censorship and cowardice by the CSIR would be it. - The Times website

Expert warns of water crisis leading to instability in SA - 25 November
Business Day website

CSIR faces heat for suspending scientist - 25 November
The Wildlife and Environment Society of South Africa (Wessa), the Coalition Against Nuclear Energy (Cane) and the Democratic Alliance have come out in further support of the scientist who was suspended with immediate effect on Friday. They added to calls from the Freedom of Expression Institute and the SA National Editors' Forum that the CSIR had "blackened South Africa's reputation" and acted "to shield the government and themselves from criticism". - IOL website

CSIR criticised for muzzling one of its scientists - 25 November
Science journalist and former Journalism head of department of the University of Stellenbosch, Dr George Claassen asserted that the withdrawal of the presentation by the CSIR was an "absolute disgrace". "This is a very serious encroachment on academic freedom and the right of scientists to announce their results, no matter how bad those results are for our view of things," he commented. Claassen noted that academic and research freedom was protected under Section 16 of the constitution, which states that everyone has the right to freedom of expression, including academic freedom and freedom of scientific research. - Creamer Media's Engineering News website

FXI offers to help Turton - 26 November
The Freedom of Expression Institute (FXI) has offered to assist suspended water researcher Dr Anthony Turton should he be summoned to a disciplinary hearing. - Mail & Guardian website

Reinstate Turton : Sanef - 27 November
The suspension of water researcher Anthony Turton must be lifted immediately, the SA National Editors' Forum (Sanef) said on Thursday. "Sanef suspects that the CSIR's action against Turton was motivated by political considerations and an independent inquiry should establish the accuracy or otherwise of this suspicion," read a statement by the editor's body. - IOL website

Turton suspended for inappropriate statements in media : CSIR - 27 November
South Africa’s Council for Scientific and Industrial Research (CSIR) has strongly denied that it tried to "gag" one of its scientists and researchers Dr Anthony Turton, adding that he was suspended for his inappropriate statements made to the media. The CSIR would be engaging with Turton, as early as Thursday afternoon, in an attempt to resolve the matter. - Creamer Media's Engineering News website

Survey points out serious flaws in water policy - 27 November
There are faults in South Africa's water and sanitation policy and how it is put into effect, according to a report released yesterday by Wits University researchers. "During the research, many municipalities cited a fundamental lack of capacity, both financial and technical, as a major problem", according to a statement issued by the university that accompanied the report's release. The government devolved the responsibility of water services delivery to municipalities in 2000. - Herald Online website

Engineers speak out on water crisis - 27 November
Concerns over a water crisis in South Africa have reached an all-time high, the South African Institution of Civil Engineering (SAICE) said on Wednesday. "Recent events in South Africa indicate that the national government is very concerned about the water situation," the SAICE said in a statement. It said it had, in conjunction with the Water Institute of Southern Africa (Wisa), presented a joint submission to the parliamentary portfolio committee on water and forestry. - Mail & Guardian website

Right of reply : settlement with Assmang is in the interest of all
 - 24 November
The opinion piece, "Spoor's principles may prevent decent settlement" (Business Watch, November 12), reflects badly on me as a lawyer, implying that I am not acting in my clients best interests and it may be a good idea for my clients to get another lawyer. These insinuations are unjustified and damaging to my professional reputation. Article by Richard Spoor. - Business Report website

Freedom of Expression

Eavesdropping agents must 'stay within law' - 25 November
It was essential that the intelligence community's eavesdropping facility operated within the law, a member of the former government-appointed commission on intelligence said on Tuesday. "This is a matter of great constitutional significance," said Laurie Nathan. Nathan was reacting to comments from the Inspector-General of Intelligence (IGI) on the National Communications Centre (NCC). The NCC is the government facility for intercepting electronic signals transmitted via satellite, used by the intelligence community to keep an eye on individuals and organisations identified for monitoring. - IOL website

Health

Protesters want to see Ntshona reinstated - 27 November
The Freedom of Expression Network in the Eastern Cape will protest today for the reinstatement of Dr Nokuzola Ntshona, who was sacked last year for exposing infant deaths at East London's Frere Hospital. - Herald Online website

Mbeki's lost AIDS letter - 26 November
A crucial document of the former president's views on HIV/AIDS is finally published. A recent study by Harvard researchers has estimated - conservatively - that the prolonged refusal by the Mbeki government to provide anti-retroviral drugs through the public health care system in South Africa resulted in some 365,000 early deaths. As Celia Dugger of the New York Times notes, since Mbeki's recall "stories about what happened inside the ANC have begun to tumble out, offering unsettling glimpses of how South Africa's AIDS policies went so wrong". - politicsweb website

Human Rights

Nailing the big fish - 26 November
Some of the perpetrators of human rights crimes during the apartheid years who did not get amnesty should still be prosecuted, says advocate George Bizos. He said this was particularly true of certain high-profile cases, where the national prosecuting authority has failed to act against the perpetrators. Bizos, a human rights advocate who represented victims at the Truth and Reconciliation Commission (TRC), made his call for prosecution when taking part on SAfm Radio's After Eight Debate. - IOL website

Suburban Tarzan - 24 November
In the tragic tale of a boy allegedly imprisoned for four years in a suburban home in Olivedale, north of Johannesburg, he was finally set free after his 68-year-old father had to be rushed to hospital. Five days passed before some men working at a computer store nearby heard the boy's calls. He was on his abdomen, offering two 5c coins through a gap in the wall - because he wanted someone to buy him some food. - IOL website

Where is the mom? - 24 November
The boy who had no contact with the outside world for four years spent a night at neighbours Clint and Ashleigh's house, during which time he was given new clothes, cleaned up and fed. What struck the couple was that after they gave the boy toys, he said he needed to hide them, or else his father would beat him. The next morning, Johannesburg Child Welfare arrived to take the boy. He is currently in the child psychiatric ward of a hospital. - IOL website

I was thrown into a situation, says dad - 25 November
The man who allegedly imprisoned his son for four years in a suburban "fortress" believed that money could undo any damage he caused. He said he was "fighting battles" against a major bank and against the municipality, and was expecting a "substantial settlement". - IOL website

Hope of a normal life for young boy - 26 November
The eight-year-old boy who was allegedly hidden from the world by his father will be rehabilitated and introduced to other children. Johannesburg Child and Family Welfare's Khosi Msibi said the organisation was committed to reintegrating the child into society as soon as he had been psychiatrically evaluated. - The Times website

A rare friendship - 26 November
Police have opened a criminal case nine days after finding the boy allegedly kept locked up for four years. Douglasdale detectives are investigating a charge of child neglect, presumably against the boy's 68-year-old father. - IOL website

Tarzan's father dies - 27 November
The father who kept his son locked away for four years has taken his secrets to the grave. Joburg's Helen Joseph Hospital CEO Gladys Bogoshi confirmed on Wednesday that the 68-year-old man died on Tuesday night. The sudden death brings with it an avalanche of questions about the 8-year-old boy's future. It also raises the stakes in finding out whether his mother is still alive, and brings in the issue of how police are likely to proceed with the investigation they opened this week.  During two interviews with The Star - believed to be the only ones he gave - the man claimed his actions were difficult to explain. Although he did not explain his obsessive secrecy, he revealed that the boy's mother was a domestic worker with whom he had had an affair. - IOL website

Insurance Industry

FSB : Enforcement Committee dishes out fines of R2.8m  - 28 November
The Enforcement Committee, established in terms of the Securities Services Act, 2004, issued fines of nearly R2,8m for insider trading, price manipulation or for issuing false or misleading statements. - itinews website

Sasria findings : the wording of insurance policies - 26 November
Two recent findings, one by the Supreme Court of Appeal and another on arbitration highlight the general principles of policy interpretation and the need to ensure that the relevant policies say what one means and means what one says. - Article by Donald Dinnie of Deneys Reitz on the itinews website
Keyphrases :
Sasria Ltd v Slabbert Burger Transport (Pty) Ltd 2008 (5) SA 270 (SCA) [http://www.supremecourtofappeal.gov.za/judgments/sca_2008/sca08-073.pdf]
South African Custodial Services (Louis Trichardt) (Pty) Ltd and Another v AIG South Africa Limited

Labour Law

'Tis the season of retrenchments - 26 November
Companies in the mining, automotive, leather and textile industries appeared to be embarking on large scale retrenchments, the Federation of Unions of South Africa said on Wednesday. This was the information it had received from its affiliated trade unions. Fedusa said it seemed that the challenging times were "not here to stay, and most economists predict that the storm will subside by the last quarter of 2009". - Business Report website

Woolworths seals 'win-win' deal - 24 November
Woolworths has granted organisational rights to the South African Commercial, Catering and Allied Workers' Union, the listed retailer said on Monday. Woolworths divisional director of human resources Fiona Fewell said : "This is a win-win outcome as it clears up the dispute that has been hovering for more than 10 years. It provides the platform for the SA Commercial Catering and Allied Workers' Union and Woolworths to engage pro-actively within an agreed framework". This followed the conclusion of a verification process by the retailer and the union. - Business Report website

Land Affairs and Property

Not all agents hit by property slump - 22 November
The number of property transfers registered at Cape Town's deeds office has nearly halved since an industry peak two years ago. According to the Deeds Registry office only 293 866 property transfers have been registered this year, compared with the whopping 469 753 transfers registered in 2006. Last year 444 995 properties were registered.  - IOL website

Property developments : a hornet's nest - 23 November
Professional property investor explains why he never bought off-plan over the past 10 years - but what he's looking for in developments now. Many operators and others in the property media continue to aggressively punt off-plan developments. Should you invest - or could you lose money? Wayne Lee, founder of Sirius, shares his thoughts on developments. - realestateweb website

Development

Top award goes to Knysna's Pezula Castle - 25 November
The Pezula Private Castle on the 1000ha Pezula Resort development in Knysna has been named best international property in the biggest global property awards. Pezula said yesterday that 4 000 entries from 56 countries in Africa, the Asia-Pacific region, Europe, Britain and the Americas had been received for the awards, known as the CNBC International Property awards. - Herald Online website

Top Middle East developers 'in talks' on prime Plett property - 26 Novemer
The head of a property marketing company involved in luxury housing developments in Plettenberg Bay has confirmed discussions with Middle Eastern investors interested in creating world-class tourist attractions in the coastal town. Amazing Estates managing director Fred Arijs said yesterday that more than one Middle Eastern property developer had expressed an interest in prime property in his company's portfolio. - Herald Online website

Land Claims and Expropriation

Telkom land auction called off - 28 November
The auction of a prime Durban site owned by Telkom, which was expected to fetch several million rands, has been cancelled after it emerged that the land is subject to a land claim. The more than 16 000m2 of general business development land is situated at 170 First Avenue, Greyville, and is known as part of Block AK. However, about 50 land claims are pending on the site. Block AK action committee chairperson Sunil Bramdaw said the auction was stopped because any such activity was subject to prior approval from the claimants and the land claims commission, which he said Telkom failed to secure. - IOL website

Land reform partner model faces scrutiny - 24 November
In his response to the provisional liquidation of a major strategic farming partner, SA Farm Management, acting chief land claims commissioner Blessing Mphela admitted that mistakes had been made in setting up partnerships between private sector operators and restitution beneficiaries, though he denied that the step threatened the government's post- settlement support programme. Mphela said investigations of problems with strategic partnerships had begun, particularly in Limpopo and Mpumalanga, and would include the allegations of poor financial disclosure and the way strategic partners had been appointed. - Business Day website

Property Law

Sexwale's firm denied more land - 26 November
The City of Cape Town will not release the remaining portions of land at Big Bay to Tokyo Sexwale's Jonga Entabeni Property Investments until an agreement on the promised R50-million social housing project has been finalised. Instead, the mayoral committee on Tuesday proposed that Jonga Entabeni could get another 20 percent of the land, worth R72-million, which it could sell to third party buyers. The city would hold on to the remaining 15 percent, valued at almost R73-million. Jonga Entabeni, which was awarded the R115 250 000 tender to develop the premier West Coast property in 2004, has been barred from developing the whole area by a restrictive title deed condition registered by the city council three years ago. - IOL website

Minerals and Energy

Sasol to appeal European Commission decision - 28 November
Sasol will lodge an appeal in December with the European Court of First Instance in Luxembourg against the decision taken by the European Commission of October 1 2008, the chemicals giant said on Friday. The court imposed a fine of Euro 318,2-million on Sasol for its part in fixing paraffin wax prices. Sasol has based its appeal on the fine which it said was too high and should be reduced. - IOL website

Sasol Limited's response to finding by European Commission - 1 October
Statement issued by Sasol Limited in response to an announcement by the European Commission regarding a finding of anti-competitive behaviour by Sasol Wax GmbH and other members of the European paraffin wax industry. - Sasol website

Municipal Management and Procedure

Cape Town

Shortage of planners hamper Cape Town - 26 November
Both the Cape Town's planning and environment department as well as the provincial Department of Environmental Affairs and Development Planning, say they are struggling to cope with the volume of work they have to process due to a dire shortage of town planners and other professionals. Provincial planning is currently running without 30% of its staff, leaving officials frustrated with their workload and further exacerbating high staff turnover, said the department's Anthony Barnes. - IOL website

Name Changes

Motlanthe calls for change in approach to name changes - 28 November
President Kgalema Motlanthe has proposed a new approach to place name changes, saying that since the advent of democracy in 1994, few things have been as divisive as the process of changing apartheid and colonial names. - Mail & Guardian website

National Prosecuting Authority

COPE wants the Scorpions back - 28 November
A government led by the Congress of the People (COPE) would bring back the Scorpions, introduce compulsory civic education in schools, create a national cadet system, review BEE and labour policies, and reduce taxes on households. These are just some of the proposals contained in the fledgling party's draft policy document, a copy of which is in Independent Newspapers' possession. COPE has also called for a public debate on affirmative action. - IOL website

'Start uprooting corruption internally' - 28 November
Suspended head of the National Prosecuting Authority (NPA), Vusi Pikoli, believes corruption needs to be uprooted from within the criminal justice system. Speaking at the Institute for Security Studies (ISS) conference on corruption in service delivery on Thursday, Pikoli said it was also important to co-ordinate with international organisations in the fight against corruption. - IOL website

'More money won't solve corruption' - 27 November
A key to fighting the scourge of corruption was not throwing more money at the problem, but more effectively managing resources, suspended head of the National Prosecuting Authority (NPA) Vusi Pikoli said today. - The Times website

Take corruption at all levels seriously : Pikoli - 27 November
Suspended head of National Prosecution Authority (NPA), Vusi Pikoli, has warned against not taking low-scale corruption within government departments seriously. Pikoli said there were instances in which corruption by public servants was referred to as "minor". "It remains a corruption that needs to be rooted out. If not taken seriously, it gives corrupt officials a licence to continue", he said. - Citizen website

BAE raided in South Africa in connection with SFO corruption inquiry - 27 November
A South African office of BAE Systems, the UK's biggest defence contractor, was raided by anti-corruption police yesterday in connection with a Serious Fraud Office (SFO) investigation into alleged bribery. BAE confirmed that its office in Centurion, near Pretoria, had been visited but declined to give further details. The defence contractor has been under investigation by the SFO since 2003 over a £1.5 billion-pound deal to supply arms including military aircraft to the South African government. - Times Online website

Who batted for BAe in SA? - 28 November
He is described by sources as a somewhat secretive figure. A Kwazulu-Natal boykie who made good. The 49-year-old moved even further into the shadows after it was disclosed two years ago that Britain's Serious Fraud Office (SFO) was investigating him in connection with alleged kickbacks in South Africa's multibillion-rand arms deal. - IOL website

Scorpions stage raids in arms-deal probe - 27 November
The Scorpions have staged a series of new raids in an arms probe that has clouded the political landscape for nearly a decade, a spokesperson said on Thursday. "There was a synchronised execution of search warrants yesterday [Wednesday] by the Scorpions at a number of residential and business locations across the country," said Tlali Tlali, spokesperson for the National Prosecuting Authority. - Mail & Guardian website

South African Law Reform Commission

Media statement by the South African Law Reform Commission (SALRC) on its investigation into protected disclosures (Project 123)

Project 123. Protected disclosures. August 2008

Media statement by the South African Law Reform Commission (SALRC) on its investigation into stalking (Project 130)

Project 130. Stalking. November 2006

'Crack down on stalkers' - 27 November
The growing phenomenon of stalking should be made a criminal offence, the South African Law Reform Commission (SALRC) has recommended. The report contains the final recommendations of the commission regarding its investigation into stalking and a draft bill which seeks to address stalking behaviour. The proposed bill, with the exception of domestic violence provisions, largely mirrors the Domestic Violence Act, the commission said. - IOL website

Media statement by the South African Law Reform Commission (SALRC on its investigation into trafficking in persons (Project 131)

Project 131. Report on Trafficking in Persons. August 2008

'SA law insufficient to curb trafficking' - 27 November
If Justice and Constitutional Development Minister Enver Surty has his way, new legislation regarding human trafficking could be in place by the end of next year. Speaking at the South African Law Reform Commission's conference on Tuesday, Surty said protection offered by current laws was not sufficient. "The ideal is to deal with the commission's recommendations and draft legislation immediately, but reality is that we first have an election next year.  "The process will have to start immediately after that," he said. - IOL website

Media statement by the South African Law Reform Commission (SALRC) on its investigation into administration of estates (Project 134)

Project 134. Interim Report on Administration of Estates. August 2008

Work in progress : important investigations on the programme of the South African Law Reform Commission (SALRC)

Sport and Recreation

Spears demand Saru pay millions - 27 November
The defunct Southern Spears Super 14 rugby franchise have accused SA Rugby of not complying with the law regarding basic conditions of employment, and have demanded R4-million in compensation for unpaid salaries, leave pay, notice pay and outstanding bonuses for their personnel and players. In a strongly worded statement, former Spears CEO Tony McKeever and their attorneys, Jansens Inc, further argue that SA Rugby has breached its own Super 14 franchise participation agreement from 2006 to 2010, and faces the prospect of next year's competition being halted by an urgent interdict in January, "unless of course this matter is resolved by the (Saru) Presidents Council". - IOL website

Trade and Industry

27 November 2008
Minister Mpahlwa's speaking notes for the bills media briefing
SA Government Information website

27 November 2008
New Bills will improve business regulatory environment
SA Government Information website

DTI to improve trade laws  - 27 November
The trade and industry department is gearing up to implement three far-reaching pieces of legislation to afford consumers better protection, improve competition and properly regulate companies. The three bills were finalised by Parliament last week and will become law once signed by President Kgalema Motlanthe. Briefing the media on Thursday, Trade and Industry Minister Mandisi Mpahlwa said the bills would be introduced over a period of time. - Business Report website
Keyphrases :
Companies Bill
Competition Amendment Bill
Consumer Protection Bill

'Considerable' risk of failure if Doha talks resume, top SA trade negotiator warns - 27 November
South Africa's chief trade negotiator has serious reservations about whether the desperate push to restart the Doha Round of World Trade Organisation (WTO) negotiations, as well as the aspiration to agree the "modalities" of the deal by year-end, will succeed and is in the best interest of the WTO itself. - Creamer Media Engineering News website

Traditional Leaders

Traditional leaders now cost taxpayers R140m - 27 November
The salaries of South Africa's royal families and senior traditional leaders are costing the taxpayer at least R140 million a year. This does not take into account perk payments made by provincial legislatures for session allowances, nor the nearly R40 million paid by KwaZulu-Natal for the household expenses of King Goodwill Zwelithini. - Business Report website

Transport and Roads

Tollroads

Highway robbery in KZN - 26 November
Motorists in KwaZulu-Natal already fork out far more than their fair share - almost half - of the money generated from tolls throughout the country, even before contentious new tolls are introduced in the province. This emerged from a heated debate in the KwaZulu-Natal legislature on Tuesday. DA MPL Roger Burrows said in the legislature recently that the Mariannhill toll plaza alone generated more than R500-million annually. - IOL website

Somalia

Pirate 'mother ship' or Thai trawler? - 25 November
As if things weren't chaotic enough in the Gulf of Aden : a suspected pirate ship that was sunk last week by the Indian Navy now appears to have actually been a Thai fishing trawler, according to CNN, which cites the ship's owner. - New York Times website

Why hijack a plane when you can seize a supertanker? - 25 November
When pirates armed with little more than AK-47s and rope ladders seized a supertanker last week, they showed how simple it is to storm a ship - a vulnerability that al Qaeda could exploit to attack the global economy. - Reuters website

Islamist group and pirates in standoff over hijacked tanker - 24 November
A standoff between Somali pirates who hijacked a Saudi Arabian supertanker and an Islamist insurgent group that has vowed to fight them continued yesterday. Pirates seized the Sirius Star last weekend about 830 kilometres south-east of Mombasa. Ship owner Saudi Aramco has been given until November 30 to pay $25 million ransom or face "disastrous action". Negotiations are under way, but now Islamist fighters have entered the town vowing to attack the pirates for seizing a ship from a Muslim country. - Cape Times website

Zimbabwe

Zimbabwe rivals agree bill on PM - 28 November
Zimbabwe's political parties have agreed on constitutional changes central to a power-sharing deal, an opposition spokesman has said. But Nelson Chamisa said that other issues remained outstanding before a unity government could be formed. The changes agreed in South Africa pave the way for opposition leader Morgan Tsvangirai to become prime minister - as outlined in a September deal. - BBC News website

Barred from Zimbabwe, but not silent - 24 November
Zimbabwe's president, Robert Mugabe, managed to keep three members of the Elders, founded by Nelson Mandela to tackle intractable problems, out of Zimbabwe over the weekend. But the members gave Mr Mugabe and leaders from across southern Africa an earful on Monday about Zimbabwe's grave humanitarian crisis and their responsibility to act more assertively to resolve it. - New York Times website

Carter shocked by Zimbabwe crisis - 24 November
Former US President Jimmy Carter has said the crisis in Zimbabwe is "far worse" than he had imagined. Mr Carter is one of a group of world leaders, known as the Elders, who were refused entry visas for Zimbabwe to assess the humanitarian situation. He was speaking in Johannesburg after talks with South Africa's leaders. - BBC News website

Zimbabwe refuses Annan group visa - 22 November
Former UN head Kofi Annan and the former US president Jimmy Carter have cancelled a planned trip to Zimbabwe. They said the government had not granted them visas, making their two-day visit, with Nelson Mandela's wife Graca Machel, impossible. The three international figures are part of a group called the Elders, set up to tackle world conflicts. - BBC News website

Russia

Technical and cadastral registration of real property - 25 November
On March 1, 2008, Federal Law No. 221-FZ on the State Cadastre of Real Estate of July 24, 2007 ("Law 221") went into effect. Law 221 is a major change in the Russian property and property rights registration system. It applies practically to all property owners and rightsholders. Law 221 governs the relations arising from the Cadastre, state cadastral registration of properties and cadastral activities. It is a large document comprising five chapters and 48 articles, in this publication we will therefore only consider some major aspects of the property rights system affected by the new regulations. Law 221 substantially reduces the list of parameters required for cadastral registration. Thus, floor plans will not be required for buildings and structures. This will help reduce the time costs involved in producing registration documents. - The Moscow Times website

Australia

Web spies monitor activists online for police, attorney-general : report - 26 November
A private intelligence company has been engaged by police to secretly monitor internet and email use by activist and protest groups, a report says. The company was hired to monitor and report on the internet activities of anti-war campaigners, animal rights activists, environmental campaigners, and other protest groups, Fairfax Media reported. It was hired by Victorian Police, the Australian Federal Police and the federal Attorney-General's department. The Melbourne-based firm has for the past five years monitored websites, online chat rooms, social networking sites, email lists and bulletin boards, the report said. - news.com.au website

Finance

Europe to set out economic plans - 26 November
EU member states are being urged to sign up to an economic recovery plan proposed by the European Commission. The Commission says a combination of tax cuts and targeted investment has to be co-ordinated across the bloc. The plan being unveiled on Wednesday is expected to total 130bn euros (£110bn), about 1% of the EU member states' GDP. - BBC News website

EU strips millions from Bulgaria - 25 November
The European Commission has stripped Bulgaria of 220m euros (£188m) in EU funding over its failure to tackle corruption and organised crime. - BBC News website

Intellectual Property

Intel ruling restricts legal protection for famous brands - 27 November
Companies will find it harder to protect well-known brands from being exploited by other businesses following a landmark ruling by Europe’s highest court today. In a case brought by Intel, the computer giant, the European Court of Justice (ECJ) significantly reduced the circumstances in which businesses can prevent others from creating new brands similar to their own. The computer chip manufacturer had attempted to stop a marketing company using the brand "Intelmark" in the UK but the court ruled that a mere resemblance between two brands was not enough to refuse a trademark. - Times Online website

Switzerland

Ex-UBS bosses forgo $27.7m pay - 26 November
Three former bosses at Swiss bank UBS are to forgo 33m Swiss francs ($27.7m ; £18.1m) in salary and other payments. Ex-chairman Marcel Ospel, former vice president Stephan Haeringer and ex-chief financial officer Marco Suter oversaw huge losses at the bank. The Swiss government launched a bailout package for UBS last month, which was worth about $60bn. UBS welcomed the voluntary gesture by the former bosses who left after the scale of the subprime losses emerged. - BBC News website

Saudi Arabia

Saudi Arabia cuts interest rate - 23 November
Saudi Arabia has cut a key interest rate and taken steps to encourage lending as it faces the slowdown. The central bank reduced the repo interest rate from 4% to 3%, in an attempt to boost liquidity. It also reduced the cash reserve requirements for banks, seen as a way to improve the availability of credit. - BBC News website

Courts

Tajik Aluminium settles $500m fraud claim - 27 November
One of the most expensive lawsuits in British history settled today after three years of bitter accusations and tens of millions of pounds spent on lawyers' fees. The case, which arose from a fight for control of an aluminium smelter in Tajikistan, one of central Asia's poorest countries, began last month at the High Court in London. Tajik Aluminium Company (Talco), the smelter's state-controlled operator, accused its former business partner, Azar Nazarov, of defrauding it of more than $500 million (£315 million) between 1996 and 2004 through a corrupt relationship with the plant's former manager. - Times Online website

Investigation launched after 'British Josef Fritzl’ jailed - 26 November
An investigation has been launched after a 56-year-old man was given 25 life sentences for repeatedly raping his two daughters and fathering nine of his own grandchildren. The failure of police and social services in South Yorkshire and Lincolnshire to prevent the Sheffield businessman's attacks, despite having contact with his family, will be examined. The man, who can not be named to protect his victims' identities, began sexually abusing his daughters when they were between eight and 10 years old. During a campaign of abuse lasting more than 25 years, between them they went through 19 pregnancies. Sheffield Crown Court heard that if they refused their father's advances, they were badly beaten, being punched, kicked and held up to a gas fire. Their father will serve a minimum term of 19 and a half years in prison. - Telegraph website

Criminal Justice System

How the law protects victims and their families from 'jigsaw' identification - 27 November
The daughters who were raped by their father, and their surviving children, are protected in law from being identified because of the anonymity granted to victims of sexual offences. The children's anonymity is also guaranteed by the fundamental principle prohibiting identification of a juvenile in court proceedings. The restrictions on the media apply to naming schools or addresses or showing photographs and are in place up to the age of 18 in England, Wales and Northern Ireland, and 16 years in criminal courts in Scotland. The danger of so-called "jigsaw" identification also means that the media have to guard against giving some details but not others. - Times Online website

'Summary justice' soars as courts bypassed - 28 November
Out-of-court punishments accounted for more than half of all offences dealt with by the criminal justice system last year, according to figures published today. The rise of summary justice at the expense of formal court hearings in courts is worrying both magistrates and judges who fear it is making a mockery of justice. Today’s figures highlight how few crimes in England and Wales are ever detected with figures amounting to just 1.37m of the 4.9m offences reported to the police. - Times Online website

One in four sex offenders handed a caution - 28 November
More than one in four sex offenders escape with a caution, figures show. It included 34 rapists or attempted rapists being effectively handed a ticking off last year - an increase of 40 per cent on the previous 12 months. Campaigners said the soft punishments would let offenders think they can get away with their sick crimes. - Telegraph website

Charging suspects : why it's a job for prosecutors - 27 November
Criminal suspects remain on bail for weeks or even months before being charged because of complex, inefficient and inconsistent charging practices, a new report today concludes. In one exceptional case, the time from arrest to charge was more than a year, at 369 days after arrest, although the average was 41.3 days, and suspects were regularly "rebailed". - Times Online website

See :

Joint thematic review of the new charging arrangements
Joint review - Executive Summary
Joint review - Press Release

CPS Direct Report
CPS Direct Executive Summary
CPS Direct Press Release

RCPO Charging Report
RCPO Charging Press Release

All on the HM Crown Prosecution Service - Inspectorate website

Environment

Climate law 'could cost billions' - 12 November
The UK's Climate Change Bill - due to become law this week - may represent a poor deal for taxpayers, a former Conservative minister has said. Peter Lilley MP says government figures show the bill's costs up to 2050 may far outweigh its benefits. The worst-case scenario could put a net cost of £10 000 on each UK household, he says in a BBC News website article. - BBC News website

Freedom of Information

Gus O'Donnell on leaks, secrecy and why Alastair Campbell was wrong to publish his diaries - 26 November
In a drab office block in Southwark yesterday civil service head Augustine Thomas O'Donnell - Sir Gus to most - took the witness stand at the Information Tribunal to argue why minutes of Cabinet discussions before the invasion of Iraq in March 2003 should not be released. For FOI watchers and civil service nerds, I've posted as full a transcript as was possible below. - Times Online website

Human Rights

Judge throws out 'leak' case against journalist Sally Murrer and her police source - 28 November
The multi-million pound prosecution of a local newspaper journalist and the police source who "leaked" stories to her collapsed today after evidence gathered against them in a police bugging operation was declared inadmissible. The 18-month-long case and investigation, monitored at senior levels in Whitehall, was thrown out when a judge ruled that police surveillance and search operations mounted to identify the reporter's sources were a violation of human rights. - Times Online website

New laws against forced marriages - 25 November
New laws to prevent forced marriages and protect those who have already fallen victim have been introduced in England, Wales and Northern Ireland. The laws mean anyone convicted of trying to force someone into marriage could be jailed for up to two years. A victim, friend or police can apply for a Forced Marriage Protection Order. - BBC News website

Lesbian soldier Kerry Fletcher wins £187 000 harassment payout - 27 November
A lesbian soldier who claimed that she was sexually harrassed by a male sergeant has been awarded £187 000 in compensation. Lance Bombardier Kerry Fletcher, 32, of the Royal Artillery, had sought £400 000. She told an employment tribunal in Leeds in November last year that her career in the Army had collapsed after she was propositioned by a sergeant. He suggested that she join in a threesome with another woman and that he might be able to convert her from being lesbian. - Times Online website

Can the law ever control discrimination? - 27 November
When new laws to combat ageism came into force two years ago, employers predicted a wave of litigation and a bundle of new red tape. But as ministers prepare to bring in further changes to discrimination laws in the shape of a single Equality Bill expected in the Queen’s Speech next week, were those fears justified? How well are the new laws working? - Times Online website

Judiciary

There is evidence of a new judicial openness - and not before time - 27 November
Judges traditionally have not spoken to news organisations. But there are real signs of a change in the relationship between judges and the media in recent weeks, with judges themselves taking a new approach. - Times Online website

Should judges respond to criticism? - 27 November
In 1900, the editor of the Birmingham Daily Argos was fined £100 by the Lord Chief Justice for describing Mr Justice Darling as an "impudent little man in horsehair". The editor avoided a prison sentence for "personal scurrilous abuse of a judge" only because of his abject apology. Today, we rightly take a more tolerant approach to criticism of the judiciary. But the critical comments by Paul Dacre, Editor of the Daily Mail, about the judgments of Mr Justice Eady in privacy cases raise important questions about how judges should respond. - Times Online website

Labour Law

Ruling strengthens employment rights for carers - 28 November
Thousands of people who care for disabled or elderly relatives will have the right to claim against their private-sector employers who refuse them flexibile working after a tribunal ruling. Sharon Coleman, a legal secretary who was forced to resign because she wanted more time to care for her disabled son, was told she would be able to claim before the English courts that she suffered "discrimination by association". - Times Online website

Lawyer of the Week : Julie Morris - 27 November
Julie Morris, an employment partner at Russell Jones & Walker, acted for Samira and Hanan Fariad, Muslim twin sisters who secured a settlement, believed to be worth £4 million, over claims of sexual harassment and religious and racial discrimination against their employers at the London office of Tradition Securities and Futures, a French firm ; it denies all allegations. The payout is believed to be the largest for an employment tribunal in the UK. - Times Online website

Land Affairs and Property

City financier loses £500 000 house deposit - 23 November
A senior financier has lost a deposit of £500,000 after having to walk away from a deal to buy a £3.25m north London property because of the credit crunch. He had exchanged contracts earlier this year to secure the house, but could not complete the purchase after he and his wife failed to receive expected pay bonuses. They also saw the value of their stock options fall by 70%. In a separate deal in Chelsea, west London, a buyer is said to have forfeited a £1m deposit when he failed to complete the acquisition of a £12.75m, seven-bedroom home. - Times Online website

Scotland

Selling up must come at a price - 23 November
In eight days' time, anybody putting their home up for sale in Scotland must include, for any prospective buyers, a home report — which will cost the householder between £450 and £1 000. Officially the new legislation will help both sellers and buyers make informed decisions by providing all the relevant information about properties. The mandatory report, about 40 pages long, will contain a detailed survey of sellers' homes, including a valuation, an energy-performance assessment and an access report. - Times Online website

Taxation Law

Treasury faces £5bn bill as British American Tobacco wins dividends tax case - 28 November
BAT, the world's second-largest cigarette maker, had challenged HM Revenue & Customs over its policy of taxing dividend payments from foreign subsidiaries. The verdict paves the way for a £1.2 billion tax refund for BAT and exposes HMRC to a far bigger payout. That is because BAT was fighting a test case on behalf of some 20 multinational companies which, if successful, will spark similar cases. - Times Online website

Top earners face income tax rise - 24 November
Chancellor Alistair Darling is due to announce plans to raise the top rate of income tax in his pre-Budget report. He is expected to say a new 45% rate on earnings over £150 000 will be brought in if Labour win the next election. Such a move would mark the end of New Labour's long-running pledge not to increase people's income tax rates. - BBC News website

Football clubs owe tax millions - 23 November
More than £28m of tax money owed by struggling football clubs in English divisions has been written off by HM Revenue and Customs, the BBC has found. The debt was incurred by 18 clubs which have gone into administration with unpaid tax bills in recent seasons. - BBC News website

Budget Speech. 25 November 2008

Pre-Budget report : Alistair Darling announces £20bn of tax cuts
Alistair Darling has announced a £20 billion package of tax cuts designed to boost the British economy in his pre-Budget report, balancing them with tax increases for middle and higher earners. - Telegraph website

Pre-Budget report : the winners and losers
Telegraph website

Pre-Budget report : new body set up to monitor banks
A new body is being set up to monitor the behaviour of banks following criticism that they sought to boost profits despite taking billions of pounds of financial support from the Government. - Telegraph website

Pre-Budget report : outright nationalisation of banks 'may be necessary' - 25 November
The outright nationalisation of Britain's banks may be necessary to deliver the lending required to end the economic slowdown, the governor of the Bank of England has suggested. - Telegraph website

Pre-Budget report : help for struggling home owners 'may be too late'
Home owners who face being evicted from their homes were offered a package of measures by the Chancellor - but it may come too late for some, experts warned. - Telegraph website

Pre-Budget report : energy firms told cut pre-pay bills or face new legislation
Energy companies which do not cut bills for customers on pre-pay meters will be forced to by law, the Chancellor warned. - Telegraph website

Pre-Budget report : Alistair Darling admits economy will shrink in 2009
Alistair Darling has predicted that the economy will contract as much as 1.25 per cent next year, its first year of negative growth in more than a decade. - Telegraph website

Arms and Ammunition

Obama victory prompts US gun rush - 26 November
America's gun owners are worried that the incoming Obama administration, which is coming to power offering hope and change, is going to mean something rather different for them - restriction and regulation. So they are rushing to buy certain types of weapons in the dying weeks of the Bush years. Sales of military-style assault weapons (like the Russian-designed AK-47) which are considered the likeliest targets for future curbs have increased by 50% in some areas. - BBC News website

Courts

US TV anchor convicted of hacking - 25 November
A former US TV news presenter who hacked into a rival's e-mail and leaked gossip to the press has been sentenced to six months under house arrest. Larry Mendte was also handed 250 hours of community service and a $5 000 (£3 300) fine. He was sacked in June. Prosecutors described Mr Mendte's actions as a "two-year assault on [Alycia Lane's] privacy". - BBC News website

Court backs warrantless searches abroad - 24 Novemer
The authorities may lawfully conduct searches and electronic surveillance against United States citizens in foreign countries without a warrant, a federal appeals court panel said on Monday, bolstering the government's power to investigate terrorism by ruling that a key constitutional protection afforded to Americans does not apply overseas. - New York Times website

Five convicted in terrorism financing trial - 24 November
On their second try, federal prosecutors won sweeping convictions Monday against five leaders of a Muslim charity in a retrial of the largest terrorism-financing case in the United States since the attacks of Sept. 11, 2001. - New York Times website

Cyberlaw

Woman convicted of 3 misdemeanors in Web suicide case - 26 November
A federal jury handed down what legal experts said was the country's first cyberbullying verdict Wednesday, convicting a Missouri woman of three misdemeanor charges of computer fraud for her involvement in creating a phony account on MySpace to trick a teenager, who later committed suicide. The jury deadlocked on a fourth count of conspiracy against the woman, Lori Drew, 49, and the judge, George Wu of the US District Court for the Central District of California, declared a mistrial on that charge. While it was unclear how severely Drew will be punished, the conviction was significant computer fraud experts said, because it was the first time that a federal statute designed to combat computer crimes was used to prosecute what were essentially abuses of a user agreement on a social networking site. - [San Jose] Mercury News website

Guilty verdict in cyberbullying case provokes many questions over online identity - 27 November
The verdict Wednesday in the MySpace cyberbullying case raised a variety of questions about the terms that users agree to when they log on to Web sites. MySpace's terms of service require users to submit "truthful and accurate" registration information. Ms Drew's creation of a phony profile amounted to "unauthorized access" to the site, prosecutors said, a violation of the Computer Fraud and Abuse Act of 1986, which until now has been used almost exclusively to prosecute hacker crimes. - New York Times website

Finance

Ex-AIG exec under probe by US prosecutors : report - 26 November
Former American International Group Inc executive Joseph Cassano is under investigation by US prosecutors for possibly misleading auditors and investors about subprime mortgage-related losses, according to a Bloomberg report citing people familiar with the probe. The report said investigators are asking auditors at PricewaterhouseCoopers about memos they wrote last fall on how Cassano and other AIG executives valued contracts protecting $62 billion in mortgage-backed securities. - Reuters website

General Motors board weighs bankruptcy option : report - 22 November
The board of directors of embattled US automaker General Motors Corp is considering "all options" including bankruptcy, according to a report on the Wall Street Journal's website late on Friday. The paper, citing people familiar with the board's thinking, said the stance puts it in conflict with chief executive Rick Wagoner, who told lawmakers this week bankruptcy is not a viable alternative for the company. - Reuters website

See :
Bankruptcy is option to GM Board - 22 November
Wall Street Journal website

Miscellaneous

Dilemmas of US presidential pardons - 27 November
BBC News website

McDonald's sued over nude photos - 23 November
A US couple is suing McDonald's for $3m (£2m) after nude photos of the woman, which were on her husband's mobile phone, ended up on the internet. Phillip Sherman says he accidentally left his phone, with the photos, at a McDonald's in Fayetteville, Arkansas. He says staff promised to secure the phone until he could retrieve it. The Shermans claim they had to move to a new home after the woman's name, address, and phone number appeared online along with the photos. - BBC News website

Trade and Industry

Apec leaders make free-trade vow - 23 November
Leaders from Asia-Pacific countries have pledged not to respond to the global financial crisis by raising trade barriers over the next year. - BBC News website

Transport and Roads

African aviation heavyweights meet in Durban - 24 November
African Transport ministers as well as experts in the aviation industry will meet in Durban, South Africa, Monday to discuss civil aviation issues at a special session under the auspices of the Council of the International Civil Aviation Organization (ICAO) in Africa. At the forum, a number of issues, including aviation safety and efficiency will come under the spotlight in view of recent air mishaps experienced not only in South Africa but also around the world. - Afrique en ligne website

Join an established, dynamic firm specialising in tax law. The firm has recently relocated to Pietermaritzburg and employment opportunities exist for :

a newly-admitted Attorney (Professional Assistant) and a Candidate Attorney

Applicants must have an interest in tax law and good numeracy and accounting ability. Prior tax experience is preferable but not essential. In-house tax training will be provided.

Kindly submit your application to pdicks@peterdicks.co.za

The Legal Aid Board is an autonomous statutory body with the primary objective of rendering or making available legal aid to poor persons. The national footprint of the Legal Aid Board covers more than 58 Justice Centres and satellite offices spread throughout the country. In order to deliver quality legal services the Legal Aid Board is recruiting bright Law graduates on an on-going basis at the following Justice Centres in the KZN-MP Region :

Durban JC (Ref 100)
Pinetown JC (Ref 200)
Umlazi JC (Ref 300)
Port Shepstone JC (Ref 400)
Verulam JC (Ref 500)
Pietermaritzburg JC (Ref 600)
Ladysmith JC (Ref 700)
Newcastle JC (Ref 800)
Vryheid JC (Ref 900)
Empangeni JC (Ref 101)
Middelburg JC (Ref 201)
Nelspruit JC (Ref 301)
Ermelo JC (Ref 401)
Witbank JC (Ref 501)

Successful incumbents will be appointed on a two (2) year contract.

Key Outputs

Assist clients within the mandate of the Legal Aid Board
Consult with clients
Provide legal advice
Represent clients in the criminal Court
Assist women, children and landless people in civil matters
Report on matters

Competences (Skills, Knowledge and Attributes) Required

LLB or BProc degree is a minimum requirement
Entitled to conclude a contract of community service/articles
A demonstrated interest in community matters
Proficient in English and at least one other official language
Computer literacy an advantage
A valid code 08 driver’s licence compulsory

Salary

LLB (or equivalent) [1st year] - R  89 727.00 per annum
LLB (or equivalent) [2nd year] - R104 130.00 per annum

Interested candidates must submit a detailed curriculum vitae and a letter of motivation reflecting practical application of the position outputs and required skills as advertised to the respective Justice Centre/s, quoting the above reference as follows (clearly indicate the Justice Centre where you are applying) :

The Administration Manager
Attention : Mr Henk Engelbrecht
c/o Durban Justice Centre
P O Box 4397, Durban 4000
Telephone : 031-304 0100
Fax : 031-304 3564
Recruit-Durban@legal-aid.co.za

The Administration Manager
Attention : Ms Zama Ntetha
c/o Umlazi Justice Centre
P O Box 36265, Ntokozweni 4089
Telephone : 031-918 8100
Fax : 031-906 1477
Recruit-Umlazi@legal-aid.co.za

The Administration Manager
Attention : Mr Robin Gengan
c/o Pinetown Justice Centre
P O Box 1006, Pinetown 3600
Telephone : 031-719 2700
Fax : 031-701 5880
Recruit-Pinetown@legal-aid.co.za

The Administration Manager
Attention : Mr Herman Gates
c/o Port Shepstone Justice Centre
P O Box 50148, Port Shepstone 4240
Telephone : 039-688 9600
Fax : 039-682 5908
Recruit-PortShep@legal-aid.co.za

The Administration Manager
Attention : Mr Ridwaan Asvat
c/o Verulam Justice Centre
P O Box 183, Verulam 4340
Telephone : 032-533 2654/57
Fax : 032-533 2651
Recruit-Verulam@legal-aid.co.za

The Administration Manager
Attention : Ms Bhamani Maharaj
c/o Pietermaritzburg Justice Centre
P O Box X9118, Pietermaritzburg 3200
Telephone : 033-394 2190
Fax : 033-342 2576
Recruit-PmBurg@legal-aid.co.za

The Administration Manager
Attention : Mr David Masuge
c/o Ladysmith Justice Centre
P O Box 1181, Ladysmith 3370
Telephone : 036-638 2500
Fax : 036-637 5036
Recruit-Ladysmith@legal-aid.co.za
MandlaN@legal-aid.co.za

The Administration Manager
Attention : Mr Vicky Sewlochan
c/o Newcastle Justice Centre
P O Box 1850, Newcastle 2940
Telephone : 034-328 7100
Fax : 034-312 3426
Recruit-Newcastle@legal-aid.co.za
FerozK@legal-aid.co.za

The Administration Manager
Attention : Ms Rose Luvuno
c/o Empangeni Justice Centre
P O Box 38, Empangeni 3880
Telephone : 035-792 4949/52
Fax : 035-792 4954
Recruit-Empangeni@legal-aid.co.za

The Administration Manager
Attention : Mr Steve Govender
c/o Vryheid Justice Centre
P O Box 852, Vryheid 3100
Telephone : 034-989 8300
Fax : 034-989 8311
Recruit-Vryheid@legal-aid.co.za

The Administration Manager
Attention : Mr Phillip Strydom
c/o Nelspruit Justice Centre
P O Box 5103, Nelspruit 1200
Telephone : 013-753 2154
Fax : 013-755 1540
Recruit-Nelspruit@legal-aid.co.za

The Administration Manager
Attention : Mr Lance Sibanyoni
c/o Ermelo Justice Centre
P O Box 656, Ermelo 2350
Telephone : 017-819 7291
Fax : 017-819 7270
Recruit-Ermelo@legal-aid.co.za

The Administration Manager
Attention : Mr Titus Jiyane
c/o Witbank Justice Centre
P O Box 4373, Witbank 1035
Telephone : 013-656 5290
Fax : 013-656 5291
Recruit-Witbank@legal-aid.co.za

The Administration Manager
Attention : Ms Rose Mphephi
c/o Middelburg Justice Centre
P O Box 827, Middelburg 1050
Telephone : 013-243 5964/4296
Fax : 013-282 1235
Recruit-Middelburg@legal-aid.co.za
MphephiD@legal-aid.co.za

NB : If you wish to apply to more than 1 (one) Justice Centres kindly submit a separate application.

Please note that successful candidates will be required to undergo a security check/clearance.  Preference will be given, in terms of our affirmative action approach, to suitable candidates who meet the minimum requirements.  Should you not hear from us within 3 (three) month, please accept that your application was not successful.

An Equal Opportunity Employer

Legal Aid Board reserves the right not to make an appointment

www.legal-aid.co.za

Contact

033-386 5608 or 082-449 5721

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