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News
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
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www.constitutionalcourt.org.za
;
http://www.saflii.org/za/cases/ZACC/
3 December
2008
CCT 99/08
Andrew Machele and Others v William Marofane Mailula and Others
Urgent application for leave to appeal against an interim
order handed down by the Johannesburg High Court by 62 residents
in Angus Mansions, a building in Jeppe Street, Johannesburg
To be handed down
ConCourt suspends inner-city eviction - 4 December
There were hugs and smiles in the Constitutional Court today, when
the court suspended evictions from an inner-city building in the
throes of an ownership dispute. -
The Times website
Owner/tenant case in ConCourt - 3 December
The Constitutional Court heard a case that pits the rights of new
owners of previously neglected inner-city buildings against
tenants to be evicted after its sale, in its sitting on Wednesday.
The case centres on new building owner William Mailula's attempt
to evict tenants from a building he paid R3.6m for. He is
represented by lawyer Rob Cohen. The ownership issue will be
determined by the Supreme Court of Appeal (SCA), but in the
meantime, the tenants want the Constitutional Court to void the
eviction order set to be carried out on December 10. The court
adjourned until Thursday for a decision and asked both the tenants
and the owner to propose a solution on interim rental and
utilities payments, pending the SCA decision. -
News24 website
3 December
2008
CCT 101/07
Chagi and Others v Special Investigating Unit
Liability
of the Special Investigating Unit for damages
Concourt rules on SIU liability claim - 3 December
The Constitutional Court on Wednesday referred a damages claim
against a special investigating unit back to the Eastern Cape High
Court after settling a dispute over which unit could be held
responsible. Thirty applicants had claimed more than R1-million in
damages arising from the unlawful conduct of a unit, established
by the president to investigate state institution the Transkei
Agricultural Corporation. The matter was referred back to the high
court to be dealt with on the basis that the first unit had been
cited and remained liable. - IOL
website
To be handed down
8 December
2008
CCT 50/08
Elizabeth Gumede v President of the Republic of South African
and Others
Application for the confirmation of an order of constitutional
invalidity made by the Durban High Court in respect of certain
provisions of the
Recognition of Customary Marriages Act, 1998 (Recognition
Act), the KwaZulu Act on
the Code of Zulu Law, 1985, and the
Natal Code of Zulu Law,
1987
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Supreme Court of Appeal of South Africa
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http://www.supremecourtofappeal.gov.za/index.html
; wwwserver.law.wits.ac.za/sca/index.php ;
http://www.uovs.ac.za/apps/law/appeal/
;
http://www.saflii.org/za/cases/ZASCA/
2 December 2008
179/2008 [2008] ZASCA 169
S C van Aardt v The State
Murder vicious and sustained assault on deceased appellant
solely responsible for injuries causing death state not required
to prove which particular blow caused the death or what weapon (or
means) used once murder proved unnecessary to establish effect
of accused intentionally preventing deceased obtaining medical
assistance conviction confirmed. Sentence no misdirection 12
years imprisonment on lenient side
Judge scorns killer's attempt to lodge appeal - 3 November
Stephanus van Aardt beat Elias Magabane until he was unconscious,
and then left him to die - all because he suspected the child of
stealing R350. Now Van Aardt's attempt to appeal against his
murder conviction and 12-year sentence, on the grounds that he had
only whipped the boy with a stick, has drawn the scorn of one of
South Africa's most controversial judges. Northern Cape Judge
President Frans Kgomo - currently an acting judge in the Supreme
Court of Appeal - on Tuesday criticised the Grahamstown High
Court's sentencing of Somerset East dairy farmer Van Aardt as
being "on the lenient side". - IOL
website
2 December
2008
217/2008 [2008] ZASCA 168
Narainsingh v Singh
On appeal from : High Court,
Pietermaritzburg (Ndlovu J and Murugasen AJ), sitting on appeal
from the Magistrate's Court of Lower
Tugela (Stanger)
1 December 2008
224/2008 [2008] ZASCA 166
State v Mavinini
Evidence proof beyond reasonable doubt moral certainty of
guilt Sentence maximum sentence imposed under Act 105 of 1997
inappropriate
1 December 2008
073/2008 [2008] ZASCA 165
Shunmugam and Others v National Democratic Convention
Floor crossing under Schedule 6B of the
Constitution
court having ordered that municipal councillors who had
purportedly been expelled from their political party were to
remain suspended during a floor crossing window pending a decision
on whether their expulsions had been lawful this order not
depriving the councillors of their party membership or preventing
them from crossing the floor as their expulsions had been
unlawful, councillors had been members of the party entitled to
cross the floor
Court rules in KZN floor crossing appeal - 1 December
The 19 National Democratic Convention municipal councillors who
crossed the floor in Kwazulu-Natal in September 2007 were lawfully
entitled to do so, the Supreme Court of Appeal held on Monday. The
National Democratic Convention in August 2007 tried to expel 19
members in a pre-emptied step before the floor crossing window
opened at the time. The 19 turned to the Pietermaritzburg High
Court for an order declaring their expulsions to be unlawful.
The Pietermaritzburg High Court found in favour of Nadeco.
On appeal in Bloemfontein the Supreme Court of Appeal held that
the councillors had been lawfully entitled to cross the floor when
they did. - IOL website
1 December 2008
733/2007 [2008] ZASCA 164
Highveld Steel and Vanadium Corporation Ltd v Oosthuizen
Pension Funds Act 24 of
1956 whether a pension fund has discretion under s 37D
to withhold payment of pension benefits due to a member at the
termination of his employment pending finalisation of a claim for
damages allegedly suffered by the member's
employer by reason of theft, dishonesty, fraud or misconduct
committed by the member
1 December 2008
733/2007 [2008] ZASCA 163
Lebowa Platinum Mines Ltd v Viljoen
Extension of Security
Tenure Act 62 of 1997 meaning of 'occupier'
1 December
2008
730/2007 [2008] ZASCA 167
National Lotteries Board v Bruss
Lotteries Act, 57 of 1997
- power of Board to institute proceedings to enforce Act meaning
of 'subscription'
when a lottery is a promotional competition
Appeal court declares WiniKhaya competition an unlawful lottery
- 2 December
The National Lotteries Board yesterday won another battle against
operators who conduct unlawful lotteries when the Supreme Court of
Appeal upheld the board's appeal to
declare popular TV competition WiniKhaya unlawful.
This March, the appeal court declared First National
Bank's Million a Month Account an
unlawful lottery. -
Business Day website
Keyphrase :
Lotteries Act 57 of 1997
See also
:
28 March
2008
385/07
[2008] ZASCA 29
Firstrand Bank v National Lotteries Board
Trust appeals charity ruling - 4 December
South Africa's disadvantaged, severely ill and mentally challenged
children could be deprived of food, shelter and social services if
the current lottery legislation is allowed to stand. So argues the
South African Children's Charity Trust (SACCT), which launched a
hard-hitting legal challenge against the National Lotteries Board
in South Africa's highest court on Wednesday. The trust, which
includes the Reach for a Dream Foundation, South African Red Cross
Society, CHOC Childhood Cancer Foundation and Cotlands, is
fighting a Supreme Court of Appeal ruling that their Winikhaya
fundraising competition is an illegal lottery. -
IOL website
27 November 2008
3/2008 [2008] ZASCA 162
Hawkins Hawkins & Osborn v Enviroserve Waste Management
Contract civil engineering construction of landfill site
provisions of General Conditions of Contract for Works of Civil
Engineering Construction, 6th edition (1990) whether proper
notice given entitling contractor to claim for additional work
whether engineer breached contractual obligations towards employer
by failing to construe written communication as proper notice
27 November 2008
240/2008 [2008] ZASCA 161
Maroulis v The State
Sentence on charge of attempted murder appellant pleaded guilty
to assault with intent to do grievous bodily harm (count 1)
pleaded guilty also to malicious injury to property (count 2)
blunt object used in assault damaging front windscreen of
complainant's vehicle sentence of 5
years' imprisonment in terms of s
276(1)(i) of the Criminal
Procedure Act 51 of 1977 set aside and matter referred back
to trial court for imposition of sentence in terms of s 276(1)((h)
27 November 2008
139/08 [2008] ZASCA 160
Jeebhai v Minister of Home Affairs
Matter struck off the roll no proper record attorney ordered
to pay costs de bonis propriis
Keyphrase ;
Khalid Mahmood Rashid
Zehir Omar
Excerpt :
"Not having made any attempt whatsoever to satisfy himself that
the documents in the appeal record were relevant and that they had
been inserted in a coherent order, [the attorney] had the temerity
to certify that the entire record had to be read and that a core
bundle was not appropriate due to the concise nature of the
record! In doing so he treated the rules and practice of this
court as well as the court itself with contempt, caused confusion
and undermined the proper functioning of the appeal process . . .
Practitioners who exhibit this kind of attitude should not, and
will not be tolerated by this court"
27 November 2008
006/08 [2008] ZASCA 159
Pillay v Shaik
Contract formalities whether agreements of sale between
parties invalid because prospective seller did not sign
application of doctrine of quasi-mutual assent
27 November 2008
574/07 [2008] ZASCA 158
Trinity Asset Management (Pty) Ltd v Investec Bank
Companies shareholders accuracy in circular convening meeting
regarding validity of contract to which company is party locus
standi of shareholder to obtain declarator as to accuracy of
circular
27 November 2008
580/07 [2008] ZASCA 157
Letseng Diamonds Ltd v J C I Limited
Companies shareholders accuracy in circular convening meeting
regarding validity of contract to which company is party
locus standi of shareholder to obtain declarator as to
accuracy of circular
27 November 2008
731/07 [2008] ZASCA 156
Maguire v The Commissioner for the
South African Revenue Service
Income Tax Capital or revenue Payments in terms of successive
agreements in Restraint of Trade made before
Act 30 of 2000
operated whether taxpayer had given up resource in exchange for
payments whether accruals part of taxpayer's gross income
Koppel wins appeal against Investec, JCI - 27 November
Leteng Diamonds, which controls 20% of JCI, Thursday won its
heavily contested appeal in a monster case where Investec, JCI and
others have now lost out. At the core of the case, heard in the
Johannesburg High Court, is a contested "fee" of around R500m that
JCI allegedly owes Investec. Five judges in the Supreme Court of
Appeal, in Bloemfontein, ruled four-to-one in favour of Leteng,
thus ordering that the substantive case now go back to the
Johannesburg High Court for full hearing. -
moneyweb website
Zuma Case
South
African court reserves judgment on Zuma case - 28 November
A South African court on Friday reserved judgment until January 12
on an appeal by prosecutors of a ruling that threw out corruption
charges against ruling ANC leader Jacob Zuma. -
Reuters website
Judges grill Kemp - 28 November
Advocate Kemp J Kemp received a grilling from five Supreme Court
of Appeal judges on Friday over the claim of ANC President Jacob
Zuma that he should have been allowed to make representations
before being charged. Each of the judges at various stages
questioned Kemp repeatedly over Zuma's claims that he had
"legitimate expectation of representation". Kemp argued that apart
from its being provided for in legislation, Zuma was entitled to a
legitimate expectation of representation because of a "cumulative
effect" of the events which had transpired since the allegations
against him arose. Judge Mandisa Maya asked Kemp to explain Zuma's
legitimate expectation simply, but Kemp said he could not. -
IOL website
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Equality Courts
'We can't unleash you on 8 000 men' - 4 December
A Pagan who claims she was unfairly dismissed after a South African
Air Force (SAAF) official told her he didn't want to "unleash" her
on troops at the Air Force Base in Ysterplaat, will face her former
employers in the Bellville Equality Court on Thursday. Donna Vos,
also known as Arch Priestess Donna Darkwolf Vos, is one of the most
prominent and well-known pagans in South Africa. She holds a
biblical diploma and a masters of theology, both of which helped to
earn her a job as a reserve chaplain with the SAAF in 2003. But she
claims her qualifications were disregarded by a high-ranking
official once he found out about her religious beliefs. -
IOL website
South African journalist to face equality
court over homophobic article - 4 December
Gay rights advocates in South Africa have expressed delight that
after pickets and protest the country's Human Rights Commission are
to take a journalist to court over a homophobic newspaper article.
The "GLBTIQ equal rights advocacy group" SA GLAAD arranged a picket
of the commission offices in Johannesburg over "their continued
silence on the Jon Qwelane hate speech in the Sunday Sun
issue in July." The Qwelane article attacked 'leftists' and
'liberals' and those who support the ordaining of homosexuals and
women as bishops in the Anglican Church. -
pinknews website
Ombudsman rules on Qwelane's column in the Sunday Sun -
30 July
My Digital Life
website
Jon Qwelane's gay article (excuse pun) - 24 July
Caution: You are about to read Jon Qwelane's canned article,
word-for-word. -
Media Flaws
blog
John
Qwelane, homophobe, at it again - 23 July
John Qwelane is a well known homophobe and he has published
several hateful articles about gay men and lesbians. I suppose it
should come as no surprise that he was at it again this weekend in
his column in that august publication, The Sunday Sun. -
Pierre de Vos on the
Constitutionally
Speaking blog
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Labour Courts
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http://www.saflii.org/za/cases/ZALC/
Cape Town
7 November 2008
C
700/2008 [2008] ZALC 142
Southernwind Shipyard (Pty) Ltd v Jacobs and Others
31 October 2008
C
467/05 [2008] ZALC 141
Public Service Association (PSA) and Another v Public Health and
Welfare Sectoral Bargaining Council and Others
Durban
Campese, company boss to take the stand - 1 December
Australian rugby veteran David Campese will square up with global
paint company boss Strath Wood in the Durban Labour Court early
next year when both men will try to persuade a judge that they are
telling the truth. At stake is R1-million worth of shares in JSE-listed
Chemspec which, Campese says, he was promised by Wood when he
started working for the company about a year ago. -
IOL website
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Land
Claims Court of South Africa
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www.law.wits.ac.za/lcc/
GaMawela cross final hurdle - 1 December
The GaMawela community of Limpopo crossed the final hurdle of
taking ownership of land restored to them when the Land Claims
Court clarified what they are allowed to do with the land on
Monday. The court ruled in 2006 that 200ha of land in Lydenburg be
restored to them. They were given the surface rights, with mining
company Anglo Platinum securing the mineral rights. However,
registration of the title deed was held up by restrictions on what
could do with the land. - IOL
website
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Cape
Provincial Division
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http://law.sun.ac.za/cgi-bin/list.php
; Court rolls at
http://www.saflii.org/blog/?page_id=134
3 December
2008
1587/2006 [2008] ZAWCHC 69
Land and Agricultural Development Bank of South Africa trading
as The Land Bank v SA Eels (Pty)
Ltd and Others
1 December 2008
02/08
Petersen and Others v The State
Keyphrase : Taliep Petersen Case
Najwa custody battle - 3 December
As court finds her guilty of gruesome murder of Taliep Petersen,
his family moves to get custody of their only child. -
The Times website
Najwa ruling - 2 December
Najwa Petersen and two of her co-accused have been found guilty of
the December 2006 murder of her entertainer husband Taliep
Petersen. The ruling was handed down by judge Siraj Desai in the
Cape High Court shortly after noon on Tuesday. Desai said Najwa
had been an appalling witness and her testimony had been neither
logical nor consistent. - IOL
website
Court packed for judgment in Petersen murder trial -
2 December
The eagerly anticipated judgment in the Taliep Petersen murder
trial caused much activity at the Cape High Court yesterday, but
the reading of the 400-page document is expected to take a few
more days before the iconic musician's
wife, Najwa, and her three co-accused will know their fate.
Petersen was tied up and shot execution-style in his high-security
Athlone home on December 16, 2006, in what his wife claims was a
robbery. - Herald Online
website
Court queries Najwa's evidence - 1 December
As Najwa Petersen stepped into the dock in the Cape High Court on
Monday morning, she clasped the hand of her senior counsel as if
seeking reassurance or courage. By the end of the day, however,
that courage may have been waning as Judge Siraj Desai repeatedly
cast doubt on her version of the events surrounding the murder of
her entertainer husband Taliep. -
IOL website
Black widow or innocent victim? - 28 November
Is Najwa Petersen guilty of murdering her husband, music legend
Taliep Petersen? Trial-followers will have to wait until Monday to
hear Justice Siraj Desai's verdict in the sensational trial, which
started in the Cape High Court in April this year. Is Najwa
Petersen guilty of murdering her husband, music legend Taliep
Petersen? Trial-followers will have to wait until Monday to hear
Justice Siraj Desai's verdict in the sensational trial, which
started in the Cape High Court in April this year. -
IOL website
27 November 2008
A291/08 [2008] ZAWCHC 68
S v Ongom
27 November
2008
10097/2008 [2008] ZAWCHC 67
Hilne v Hilne
26 November
2008
17225/2005 [2008] ZAWCHC 63
Century City Property Owners Association ( A Section 21
Company) v Century City Apartments Property Services CC and Others
; Century City Apartments Property Services CC v Century
City Property Owners Association ( A Section 21 Company) and
Another
25 November 2008
15692/07
Absa Bank Ltd v De Villers and Others
21 November
2008
9692/07 [2008] ZAWCHC 65
Real People Housing (Pty) Limited v City of Cape Town
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Durban and Coast Local
Division -
http://www.saflii.org/za/cases/ZAKZHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
and
http://www.saflii.org/blog/?page_id=197
Lawyers 'guilty of bad conduct' - 1 December
A KwaZulu-Natal Law Society probe into the conduct of two Tongaat
attorneys - accused of "stealing" the home of a client - has found
that even on their own version, they conducted themselves in an
"unprofessional, dishonourable or unworthy manner". The report,
lodged in the Durban High Court on Friday, was sparked by a
complaint by local couple Radesh and Deshia Naidoo that, unbeknown
to them, attorney Godfrey Pillay and his wife, Poovendrie Pillay,
of the law firm Godfrey and Associates, had transferred their
house into Poovendrie's name. -
IOL website
Kidney trafficking case reopened - 28 November
Almost two years of intensive investigation spanning several
countries has led to charges again being considered against
hospital giant Netcare, and a group of local medical specialist[s]
for their alleged involvement in an international kidney
trafficking syndicate. Also among those who will be given an
opportunity to make representation before charges are put to them
are Israeli national and alleged head of the syndicate Ilan
Perry. University of KwaZulu-Natal law professor and the man
spearheading the investigation in conjunction with the SAPS
Commercial crime Unit, Professor Robin Palmer, on Friday morning
told the Daily News documents would be handed to the attorney
representing those implicated next week. -
IOL website
Keyphrase :
Organ Transplants Case
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Eastern
Cape Division
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http://wwwserver.law.wits.ac.za/echc/index.php
;
http://www.saflii.org/za/cases/ZAECHC/
; Court rolls (Grahamstown) at
http://www.saflii.org/blog/?page_id=283
Maureen Clifford trial extended with new advocate - 2 December
The marathon Maureen Clifford trial could drag on into the new
year following the fallen investment queen's decision to fire her
attorney, advocate Kobus Brisley. Clifford, found guilty on
charges of fraud involving more than R100-million, would now be
represented by high-profile advocate Terry Price. Evidence for the
purpose of sentencing was supposed to be given yesterday, in one
of the longest-running and most expensive trials in Port Elizabeth
court history. Another of her co-accused, former Absa bank
official Gerhard Visagie, also fired his legal representative,
advocate Gustav Joubert, and would now be represented by advocate
Johan Wessels, who wanted the case to be postponed until next year
as he needed time to go through 17 000 pages of evidence. The
other co-accused are Clifford's
daughter, Dalene (de Wit) Conway, her sister, Thelma van Rooyen,
and former Absa bank official Niel Terblanche who was absent from
the proceedings. He was admitted to St George's
Hospital last week with a colon infection. When it was his turn to
ask Kroon for a postponement, Conway's legal representative,
advocate Johan van der Spuy, said they needed time so that a
clinical psychologist could prepare a report on Conway. -
Herald Online website
Investment queen trial starts today - 27 July 2004
Thelong-awaited trial of fallen investment queen Maureen Clifford
starts today and is expected to drag on for a marathon 18 months.
Anxious Eastern Cape investors who lost R155-million in Mrs
Cliffords company, Usapho Trust, will finally get to know how
their money was lost or spent, which investors benefited the most,
and who suffered the biggest losses. Six accused, including three
former high-ranking Absa Bank employees, will come before Judge
Frank Kroon in the Port Elizabeth High Court. The marathon trial,
which will see 600 witnesses called, will be the public focus for
now in a case that has been described as one of the biggest scams
to come out of the province and where 900 investors most of them
leading businessmen were conned. -
Herald Online website
Two found guilty of conspiring to defraud Road Accident Fund -
2 December
Two men accused of conspiring to defraud the Road Accident Fund of
nearly R42 000 pleaded guilty in the Port Elizabeth commercial
crimes court yesterday. Garren Stoffels and Donovan Meyer were
found guilty after they admitted to deliberately conspiring to
defraud the fund by claiming they were injured in an accident five
years ago. They said an unidentified attorney had approached them
at the scene of the accident and said he would assist them with
claims from the fund. -
Herald Online website
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Natal
Provincial Division
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http://www.saflii.org/za/cases/ZAKZHC/
; Court rolls
via
http://www.lawlibrary.co.za/notice/highcourts/index.htm
and
http://www.saflii.org/blog/?page_id=190
RAF ordered to explain 'policy directives' - 5 December
A KwaZulu-Natal judge has ordered Road Accident Fund CE Jacob
Modise to explain recent 'policy directives' which, on the face of
it, are aimed at frustrating road accident victims and their
attorneys from claiming from the fund. Judge Anton van Zyl,
sitting in Pietermaritzburg, issued an unusual order this week,
giving Modise until early January to explain the fund's recent
conduct and to say why he should not be compelled to pay costs
personally and on a punitive scale. -
Legalbrief website
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North-West Division
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http://www.saflii.org.za/za/cases/ZANWHC/2008/
20 November
2008
2628/08 [2008] ZANWHC 46
IMVUSA Trading 134CC and Another v Dr Ruth Mompati Disctrict
Municipality and Others
20 November
2008
495/08 [2008] ZANWHC 45
Law Society of the Northern Provinces v Maiko and Another
14 November
2008
CA
85/07 [2008] ZANWHC 44
S v Thapedi
13
November 2008
2185/07 [2008] ZANWHC 43
Mathe v Road Accident Fund
6 November 2008
2155/08 [2008] ZANWHC 42
Ex parte Ellis
6 November
2008
1153/2008 [2008] ZANWHC 41
Spar Group Limited v Tradebusters 1054 CC and Others
1 November
2008
CA
80/08 [2008] ZANWHC 40
S v Mohumi
30 October 2008
86/08 [2008] ZANWHC 39
S v Motlhabane and Others
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Transvaal
Provincial Division
-
http://www.saflii.org/za/cases/ZAGPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=134
4 December
2008
8275/2007 [2008] ZAGPHC 390
Ngcobo v Torre and Others
4 December 2008
A567/2007 [2008] ZAGPHC 389
Kinnear and Others v Travico (Pty) Ltd
3 December 2008
A133/07 [2008] ZAGPHC 387
Holtzhausen v Holtzhausen
28 November 2008
20023/97 [2008] ZAGPHC 386
Nedbank Beperk v Van Der Hoffweg Motors (Edms) Bpk en Andere
IEC to oppose ANC application on party name - 4 December
The Independent Electoral Commission will oppose an urgent
application by the ANC against the use of the name Congress of the
People. The interdict against Cope will be heard in the Pretoria
High Court on Wednesday next week, less than a week before Cope's
planned launch date of December 16. In her answering affidavit to
the application, IEC chief electoral officer Pansy Tlakula said
she had not yet made a decision on Cope's
application to be registered as a political party. She said the
Electoral Act gave
her exclusive jurisdiction to decide on the application. -
Herald Online website
See also :
ANC vs IEC
below
Escapee back after 11 years - 2 December
Almost 11 years after escaping from Pretoria Central Prison, Kalla
Abdul Kafoor will return to South Africa from India on Saturday to
face the music for alleged narcotics manufacture, crime
intelligence said on Tuesday. Kafoor was arrested in Lichtenburg
in 1996 but he escaped with five others, including heist kingpin
Collen Chauke, in December 1997 after hijacking a car on the
prison grounds. Officials from both countries had put arrangements
for the extradition in place and it was just left for the Justice
Ministry there to sign the final release, she explained. Once that
formality is completed he is expected to return to South Africa on
Saturday evening and the matter will then be dealt with by the
Pretoria High Court which facilitated the extradition. -
IOL website
Employees claim damages after break-in - 1 December
A Pretoria nuclear emergency control room supervisor and his
fiancιe are suing the South African Nuclear Energy Corporation (Necsa).
According to papers filed in the Pretoria High Court,
Anton Gerber is claiming R850 000 while
Ria Meiring is claiming R750 000 from Necsa and the
security staff on duty on the night of the attack. The claims are
for a loss of income and general damages. Gerber's lawyer, Oeloff
de Meyer, said they had issued summons against Necsa and a
security services manager, security shift supervisor and two
camera room operators who were on duty. The court papers state
that the claims follow alleged negligence because the camera
operators were asleep and did not warn Gerber and Meiring about
the trespassers or organise a response. One of the gates was
unlocked and unguarded during the attack after the shift
supervisor apparently removed the guard an hour before the attack
and then took some 24 minutes to respond to emergency calls
despite the security station being two minutes away.
- IOL
website
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Witwatersrand Local
Division -
-
http://www.saflii.org/za/cases/ZAGPHC/
; Court rolls
at
http://www.saflii.org/blog/?page_id=173
Judge fumes as trial delayed - 2 December
Mulalo Sivhidzho, on trial for her husband's murder, and her
lawyer have tested the judge's patience with their stalling. When
Sivhidzho and her two alleged accomplices' trial resumed in the
Johannesburg High Court on Monday, her defence counsel Christo
Meiring brought an urgent application to withdraw, citing
non-payment of fees. This raised the ire of Judge Naren Pandya,
who castigated Sivhidzho and Meiring for misleading him about the
payment of fees. "Ms Sivhidzho, on November 14 you sent an SMS to
my register, undertaking that you will pay your legal fees and
that we would continue until the end of term. Was that a truth or
a lie? It means now that I have been misled by the attorney and
the accused," said the judge. "When an attorney takes up a case,
he should take the appropriate action to make sure he is paid,"
Judge Pandya told Meiring. "I will have to refer this matter to
the Law Society and the Bar Council as a question of principle.
Leave has not been granted," he added. -
IOL website
Timeshare 'sales scam' - 30 November
A blogger is being sued for defamation by the RCI-affiliated
Quality Vacation Club (QVC) for criticising it on his website
Insights and Rants. Donn Edwards was phoned by a telemarketer last
year and told that he had won a car. All he would have to do to
claim his prize, he was told, was attend a prize-giving ceremony
in Midrand, north of Johannesburg. When he and his wife arrived at
the venue, they discovered that the prize-giving ceremony was a
QVC marketing presentation at which he and his wife, and the other
"guests", were told to choose a key, after the airing of a video,
to determine if he had won the car. He had not. -
IOL website
Keyphrases :
Freedom of speech
Quality Time Marketing (Pty) Ltd
Quality Vacation Club Trust
Timeshare Institute of Southern Africa. Code of conduct
See also
:
Quality Vacation Club completely ignores the Timeshare Industry
Code of Conduct. 6 September 2007
Insights and Rants
blog
Blogger court case
Insights and Rants
blog
Learning the hard way : bloggers court case - 4 December
A business is using "traditional"
tactics to deal with a blogger operating in the new world.
Will it work or will it blow up in their faces? - Walter
Pike on Pike's Thinking blog
A record price in SA? - 29 November
A
controversial Johannesburg mansion that is reminiscent of the
Union Buildings has been sold for a record-breaking R65-million -
the most expensive residential property ever sold in Gauteng and
possibly in the country. The palatial multi-columned home,
described by auctioneers as South Africa's "most opulent and
high-profile mansion", is tucked in the elite Sandhurst Estate and
is constructed entirely of sandstone. The sale was almost
cancelled this week after Rwayitare's estate brought an
application to liquidate the mansion's holding company in the
Johannesburg High Court. - IOL
website
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Regional Courts
Camperdown
VIP driver used blue light 'because I could' - 30 November
Don't drive recklessly and don't speed, MEC for Transport, Safety
and Security, Bheki Cele, told blue light drivers this week.
If you do, you will face the strong arm of the law. But
blue light drivers, speaking on the condition of anonymity, said
that, while they will agree to abide by the law, it won't suit the
MECs who, they claim, are usually late for appointments. -
IOL website
Caught in a leadership crisis : blue light bullying on our roads -
3 December
Much has been said recently about our political leaders using
threatening blue light police escorts. The blue light scandals
have left KwaZulu-Natal reeling from the shocking behaviour of our
political elite that has become a predatory and reckless burden on
society. - Imraan Buccus on the
Thought Leader
blog
Pretoria
Five in court on human trafficking charges - 4 December
Five Nigerian men on Wednesday appeared
in the Pretoria Regional Court on charges of human trafficking. As
far as it could be established, it is the first case of its kind
in the Pretoria Magistrate's Court since the Criminal Amendment
Act declaring the trafficking of people a crime came into effect
on December 16 last year. - IOL
website
Wynberg
'Imprisonment would serve no purpose' - 4 December
A psychologist has recommended that Ellen Pakkies, who killed her
tik-addicted son, not be imprisoned, but instead be sentenced to
community service. Martin Yodaiken testified on Wednesday in the
Wynberg Magistrate's Court, the last witness called by defence
attorney Adrian Samuels in mitigation of sentence. -
IOL website
'I hope that you can forgive me' - 1 December
Cape Town mother Ellen Pakkies asked a group that gathered to mark
the start of the 16 Days of Activism For No Violence Against Women
and Children Campaign for forgiveness for murdering her tik addict
son more than a year ago. She was in November found guilty of
strangling 20-year-old Adam in the backyard of their house.
Pakkies' mitigation of sentence evidence continues before the
Wynberg Regional Court on December 3. -
IOL website
Former SA cricketer gets jail sentence for fraud - 5 December
Former South Africa fast bowler Garth le Roux and his accountant,
Deon van Heerden, have each been sentenced to an effective four
years in jail for tax fraud. However, both men intend to
appeal. - Mail & Guardian
website
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Magistrates Courts
George
'Malicious' rich widow must pay - 3 December
Millionaire widow Lesley Young has resoundingly lost the first
battle in an ongoing war between her and her ditched "companion",
former mercenary and surfer Ian McDonald. Young, 62, widow of former
Bophuthatswana finance minister Leslie Young, was ordered to pay R80
000 for robbery and assault, R50 000 for maliciously instituting a
procedure in terms of the
Domestic Violence Act and R30 000 for defamation and costs
for McDonald's attorney, Johan Rhoodie. She also received a
tongue-lashing from George magistrate Gerald Mentor in an order
handed down on Friday. - IOL
website
Goodwood
Yengeni gets off drunk driving charge - 5 December
Former ANC chief whip Tony Yengeni has been found not guilty on a
drunken driving charge by the Goodwood Magistrate's
Court. Magistrate Ricardo Phillips agreed that due to the poor
manner in which the case had been investigated, Yengeni did not have
a case to meet. - The Times
website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Competition Appeal
Court
12 November
2008
78/CAC/Jul08 ; 81/CAC/Jul08 [2008] ZACAC 3
Clover Industries Limited and Another v Competition Commission
and Others ; Ladismith Cheese (Pty) Ltd
v Competition Commission of South Africa and Others
Judge ticks off lawyers as he dismisses milk cartel appeal -
5 December
Competition Appeals Court Judge Dennis Davis has expressed grave
concern about a tendency in the legal fraternity to prolong court
cases indefinitely.
The judge called for a debate in the legal profession
in SA on the role of lawyers in relation to "balancing
the interests of clients and their duty to uphold the integrity of
the system". -
Business Day website
Judge curdles processor for trying to dodge law - 5 December
Judge Dennis Davis expressed his "irritation" at milk processor
Clover this week for previously admitting to an anti-competitive
charge in return for leniency and then attempting to use technical
legal arguments to slip away from the same charge. -
Business Report website
27 October 2008
CAC
75/CAC/Apr08 [2008] ZACAC 1
Netcare Hospital Group (Proprietary) Limited and Another v
Manoim NO and Others
23 September 2008
78/LM/Aug05 [2008] ZACAC 2
Johnnic Holding Limited and Another v Competition Tribunal and
Others
Competition Tribunal
27 November
2008
110/LM/Oct08 [2008] ZACT 101
JDG Trading (Pty) Ltd v Blake and Associates Holdings (Pty) Ltd
27 November
2008
112/LM/Oct08
[2008] ZACT 100
Scarlet Sky Investments 36 (Pty) Ltd v Meletse Big Five Reserve
and Golf Estate Development
26 November
2008
89/LM/Aug08 [2008] ZACT 99
Channel Life Limited v Rentmeester Assurance Limited
24 November
2008
86/LM/Aug08 [2008] ZACT 98
Pinnacle Holdings (Pty) Ltd and Four Others v Acc-Ross Holdings
Ltd
24 November 2008
92/LM/Aug08 [2008] ZACT 97
RTZ Zeply 5504 (Pty) Ltd v Dynamic Bedding (Pty) Ltd and
Another
24 November
2008
99/LM/Sep08 [2008] ZACT 96
Old Mutual Life Assurance Company SA Ltd and Another v Idwala
Industrial Holdings (Pty) Ltd
24 November
2008
102/LM/Sep08 [2008] ZACT 95
Moody Blue Trade and Invest 147 (Pty) Ltd v South Africa Roll
Company (Pty) Ltd
24 November 2008
105/LM/Oct08 [2008] ZACT 94
Kagiso Media Ltd v Urban Brews Studios (Pty) Ltd
10 November
2008
90/LM/Aug08 [2008] ZACT 93
Attacq Property Fund Limited v Waterfall Property Development
Company (Pty) Ltd
4 November
2008
49/CR/Apr00 [2008] ZACT 92
Competition Commission and Others v American Natural Soda Ash
Corporation and Another
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Financial Services Board
-
http://www.fsb.co.za/
FSB names, fines market offenders - 27 November
The Financial Services Board's Enforcement Committee has dished
out nine fines totalling R3m to alleged market offenders. The
Enforcement Committee is a relatively new body and is empowered to
impose administrative penalties, cost orders and compensatory
orders on offenders. It falls under the FSB's Directorate of
Market Abuse (DMA) which polices stock exchange trading
transgressions.The Enforcement Committee is chaired by Judge Eloff,
the retired Judge President of the Transvaal. -
moneyweb website
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Government
and Legislation
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South
Africa Government Information
-
http://www.gov.za
;
http://www.polity.org.za
Statements and
Speeches
3 December
2008
Foreign Affairs to co-host a conference on multilateralism and
international law with Western Sahara as a case study
2 December
2008
Address by the President of the Republic of South
Africa, Kgalema Motlanthe, at the 13th National Economic
Development and Labour Council (Nedlac) Annual Summit
Global
economic turmoil to test SA's economic policies - 3 December
President Kgalema Motlanthe believes the prevailing turmoil on
international markets will greatly test South Africa's economic
policies as markets are likely to get worse, before they get
better. - BuaNews Online
website
President bemoans job insecurity - 3 December
President Kgalema Motlanthe has warned that ignoring
unemployment and job insecurity will compound the country's
social problems and retard the growth of the economy - already
slowing because of the global financial meltdown. Addressing the
annual Nedlac summit of business, labour and government in
Pretoria on Tuesday, he said a combination of global and
domestic circumstances - including soaring food and fuel prices
and increased interest rates - "provides a real test" for the
country's economic policies. -
IOL website
Economic circumstances 'a real test
for SA policy' - 2 December
A combination of global and domestic economic circumstances
provide a real test for South Africa's economic policy and this
is likely to continue in 2009, President Kgalema Motlanthe said
on Tuesday. He was addressing an annual summit meeting of the
National Economic Development and Labour Council. Motlanthe said
it has been a busy and challenging year for social dialogue, and
there had been complications that were currently associated with
globalisation. -
Creamer Media's Engineering News website
2 December
2008
Statistics South Africa releases results of Consumer Price Index
(CPI) rental survey
Excerpt :
"Statistics South Africa today released a discussion document
providing results of its survey of housing rentals. The survey
will provide the source of the Owner's Equivalent Rent (OER)
component of the Consumer Price Index from next year. This
measure will form part of the new headline CPI measure (for all
urban areas) which will also be the inflation target measure"
2 December 2008
Director-General, Duncan Hindle and Department of Education
officials to brief media on Department of Education programmes,
priorities and state of readiness for 2009
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Useful
Links and Items of Interest
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Legal Profession
English Reports
1220-1873
Free access at
http://www.commonlii.org/int/cases/EngR/
The Australasian Legal Information
Institute (AustLII) is very
pleased to announce that last night (1 December) Justice Michael
Kirby of Australia's High Court launched a new service,
free access
to the English Reports 1220-1873.
The English
Reports are located on the Commonwealth Legal
Information Institute (CommonLII). The data has kindly been
provided
by Justis (http://www.justis.com/)
as part of its cooperation with
AustLII in an Australian Research Council Linkage grant.
The English
Reports database contains 124 882
cases from 1220-1873. The full text of
the Reports are searchable, using AustLII's SINO
search engine. Users are then provided with the original
image of a case when it appears in the
search results, sorted in likely order of
relevance (date ranking may also be used). The cases are
may also be browsed by year or alphabetically.
The English
Reports are searchable either as a separate database or
in combination with all of the other databases from common law
jurisdictions available via CommonLII (in cooperation with other
legal information institutes in the Free Access to Law
Movement).
All reports have
been given an additional citation of the style
'[1869] EngR 69' in addition to their original ER and nominate
reports citations.
The English
Reports have not previously been available for free online
access.
At the launch,
Justice Kirby spoke eloquently of the continuing
relevance of the English Reports to today's law, mentioning
numerous
recent High Court decisions where reasoning found in the English
Reports was important. Mr Masoud Gerami, Director of Justis, the
suppliers of the digitised copies, spoke (by video) of the value
of
cooperation between commercial and free access publishers. Ms
Shirani de Fontgalland, Head of the Criminal Law Section
of the Legal and Constitutional
Affairs Division of the Commonwealth Secretariat,
welcomed the addition of the English Reports to CommonLII on
behalf
of the Secretariat.
AustLII's
development of the free access English Reports is primarily
by Executive Director Philip Chung. More features will be added
in
due course.
To see how the
English Reports effect general common law searches,
just search from the front page of CommonLII
(http://www.commonlii.org)
for anything concerning, say, one of the
forms of action (eg 'detinue near (ship or vessel)'),
then display the results By Database.
The new service
was developed as part of an Australian Research
Council Linkage grant concerning improvements to online case law
involving seven industry partners including four courts and
tribunals
and two legal publishers
(http://www.austlii.edu.au/austlii/research/2008/linkage/).
Graham Greenleaf
Professor of Law
Faculty of Law, University of New South Wales
United
Kingdom
Clients lose out to power of professional bodies - 5 December
As the controversy concerning rogue solicitors Michael Lynn and
Thomas Byrne raged last year, politicians of every hue demanded
changes in the regulatory regime for lawyers. The Government
promised that this would be tackled by its pending
Legal Services Ombudsman
Bill. Members of the public could have been forgiven for
assuming that this body would be an independent port of call for
those who had bad experiences of members of the legal profession and
their complaints procedures, and that there would be a person they
could go to who would hear their complaint and adjudicate on it,
with appropriate sanctions. -
Irish Times website
Law firm bypasses banks to protect partners' payouts - 5
December
A leading UK law firm has paid its partners £12 million in profits
ahead of schedule because it believes that the money will be safer
in private rather than corporate bank accounts. -
Times
Online website
Recruitment, law, pubs and estate agents : four different
industries, one common story - 4 December
From high street pubs to City law firms, the services sector is
hurting as spending dries up. The Times examines some of the service
industries most affected by the economic gloom. -
Times Online
website
United States
Texas Supreme Court justice fined $29 000 - 5 December
The Texas Ethics Commission ruled Thursday that Nathan Hecht, the
state's longest serving current Supreme Court justice, violated
campaign finance rules by getting a large discount on legal fees in
2006. The commission fined Hecht $29 000,
a fraction of the possible penalty, after conducting its first-ever
public hearing into allegations of campaign finance violations. Such
matters are typically settled in private review hearings. Hecht had
racked up hefty legal bills when he hired the Jackson Walker law
firm, and in particular its nationally recognized
First Amendment
lawyer Chip Babcock, to challenge a 2006 ethics reprimand by the
State Commission on Judicial Conduct. -
Statesman website
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South Africa
Accounting
Benefits to the
accounting shake up? - 4 December
Much is currently being said about pending amendments in
legislation and proposed regulations for the accounting profession
both in South Africa and internationally, with the talk centred
around the negative effects and threats to smaller firms.
Industry experts agree that realignment of the accounting
environment is inevitable as result of the changes, but what of
the benefits? At the recent Moore Stephens International
conference held at the Cape Town International Convention Centre,
international chairman Richard Moore addressed professionals from
across the globe on the issue. -
Cape Business News website
Avalanche of new accounting standards set to strike in 2009 -
1 December
South Africa's business sector must
brace itself for a 2009 avalanche of no less than 25 new or
revised accounting standards and three new interpretations. Sue
Ludolph, project director : accounting,
at the South African Institute of Chartered Accountants (SAICA),
says the large number of changes scheduled for introduction in
2009 is explained by the International Accounting Standard Board's
(IASB) 2006 moratorium on new or amended standards effective
before 1 January 2009. -
itinews website
Agriculture
See :
Zim ruling 'puts new spin on SA land reform'
below
Animal Rights
Rabbit cull 'satisfies' SPCA - 3 December
About 1 500 European rabbits have been put down on Robben Island
since the culling operation started there last month, and the SPCA
says the process has been "cruelty-free" so far. In a joint
statement issued on Tuesday, Robben Island Museum management, the
Cape of Good Hope SPCA and the state veterinarian said they had
agreed the chosen method of "trapping, capture and euthanase (by
lethal injection) is showing good results and should be continued".
- IOL website
Black Economic
Empowerment
BEE firms are on their own, says BMF - 1 December
Jimmy Manyi, the president of the Black Management Forum (BMF), on
Friday spurned the possible government financial bailout of black
economic empowerment (BEE) companies whose deals were underwater,
saying those who had benefited from such "equity deals" would have
to help themselves out of trouble. "The deals' financial
responsibility lies with the people who profited from those
deals," Manyi said. "Why should the government cover them? -
Business Report website
Mpahlwa : no need to change BEE system - 29 November
There was no need to change South Africa's broad-based black
economic empowerment (BBBEE) system, Trade and Industry Minister
Mandisi Mpahlwa said on Friday. "We don't think we are at a stage
of changing, we should rather focus on implementation," Mpahlwa
told journalists in Pretoria. He was speaking after a meeting
which included representatives from Business Unity SA and the
Black Management Forum. - Mail &
Guardian website
28 November 2008
Media statement on the Ministerial Briefing regarding Broad
Based Black Economic Empowerment (BBBEE)
SA Government Information
website
Correctional Services
Thousands of inmates to collect jail-free card - 3 December
Thousands of suspects awaiting trial in Eastern Cape prisons some
of them facing rape, murder and armed robbery charges will receive
an early Christmas present on Friday when they are released due to
massive overcrowding in jails countrywide. All inmates who were
granted bail of less than R1 000 but could
not afford to pay it, will be eligible for release. -
Herald Online website
Criminal Justice
System
Police to access wider forensic data - 4 December
Government plans to fight crime are to be given a legal boost by
allowing the police to have access to the fingerprint databases of
other government departments while investigating crime. This will
have the obvious benefit of allowing detectives to compare the
fingerprints of every citizen held by the Home Affairs department
with fingerprints found at crime scenes. Even if non-citizens do
not have SA ID books, the fingerprints on their driving licences
can be accessed via the Department of Transport. -
The Times website
See also :
S and Marper v the United Kingdom
below
Doctor, friend to sue minister - 3 December
An Akasia, Pretoria, doctor and his friend on Tuesday got the
go-ahead to institute a R1,5-million damages claim against the
minister of safety and security after they claimed that police
raided their smallholding two years ago in a futile search for
drugs. Dr Jacobus Louw and Barry Griffin had to obtain the court's
permission to issue summonses against the police as the time had
already lapsed in which they could institute such proceedings.
Their lawyer stated in a letter to the minister, in which he was
given notice of the intention by the two to claim damages, that
they were home on December 19, 2006, when an inspector and a
reservist in plain clothes entered the house without knocking or
asking for permission. It is claimed that the inspector told the
men that he did not need a warrant. -
IOL website
Govt
spends R40mil on parole board offices - 30 November
Correctional Services Department has spent over R40 million in the
construction of 20 Parole Board offices nationally. Speaking at
the official opening ceremony of the 20th Parole Board
office, in Middledrift in the Eastern Cape, Minister Balfour said
his department has made good progress towards reaching the
department's goal of building 53 Parole Board offices across the
country. Among other things, Parole Boards decide on whether the
offender is eligible for release on parole or not. In that regard,
the Minister Balfour said R126 million has been reserved for that
purpose. - BuaNews Online
website
Health
'Scrapping of tariffs will reduce confusion' - 1 December
The scrapping of the ethical medical tariff would reduce South
Africans' confusion at the point of healthcare services, the Board
of Healthcare Funders of Southern Africa said on Monday. "It has
long been the argument of the BHF that the publication of a
'ceiling' tariff by the [Health Professions' Council of South
Africa] has contributed to the cost spiral in health care," it
said in a statement. - IOL
website
Human Rights
'Tarzan' dad's secret life - 3 December
The brother of the Austrian man who hid his son at his home in
northern Johannesburg for four years has described what happened as
an "unbelievable and cruel story". In an exclusive interview with
The Star, he said his brother's life was a puzzle he was putting
together but, from his observations and conversations with Hartmut's
friends, it seemed "he must have loved and cared for his son in his
own way". But things did not always go well for Hartmut and before
his death, he was fighting over a holiday property he had built near
Jeffrey's Bay. - IOL website
Insurance Industry
Insurers inflate car premiums : Ombud - 2 December
The common practice by insurance brokers and companies of failing to
advise clients to adjust the value of their vehicles to account for
depreciation, resulting in inflated premiums, has been labelled as
"illegal" by the Ombud for Financial Services Providers, Charles
Pillai. - Business Report
website
Judiciary
Sunday Times political
writer Mpumelelo
Mkhabela spoke to Justice Minister Enver
Surty about recent developments in the judiciary
- [30 November]
Sunday Times
website
Settle battles outside court, justice minister tells judges -
30 November
Justice minister Enver Surty has called on the countrys judges to
resolve their disputes outside of courts in an apparent reference
to the raging legal battle between Cape Judge President John
Hlophe and the Constitutional Court judges. -
The Times website
Labour Law
Wide-scale retrenchments and the economy
Andrew Levy : labour consultant and
founder, Andrew Levy & Associates - 3 December
Interview with Chris Buchanan on the
moneyweb website
SA
creates task team to respond to looming mining retrenchments -
1 December
The South African government has announced the establishment of a
task team to come up with responses to the current economic crisis
that the mining industry faced. The task team, which would consist
of representatives from the Department of Minerals and Energy (DME),
the Chamber of Mines and trade unions, would come up with a
framework to fortify the industry against economic collapse within
20 days, a government official stated on Monday. -
Creamer Media's Mining
Weekly website
Lonmin puts number on job losses - 1 December
At total of 1 500 workers at Lonmin's Limpopo operations could
lose their jobs, the company said on Monday. The company said it
had sent a section 189 notice to the unions. The notice begins a
60-day consultative process between Lonmin and the unions. -
Business Report website
SA
miners say retrenchments seen as 'last resort' - 2 December
Retrenchments in the mining industry would be seen as a
"last
resort" in response to the global credit crunch, which has put
over 9 000 South African mining jobs at risk. This was the
collective message from the government, trade unions, and industry
representatives at a caucus, held this week in Pretoria. -
Creamer Media's Mining
Weekly website
Union members to protest against 700 possible car industry layoffs
- 2 December
Members of the National Union of Metalworkers of SA (Numsa) are to
hold a series of lunch-hour protests against possible plans by
Volkswagen SA to reduce its staff by 700 next year because of the
global economic meltdown. Regional organiser Andile Zitho said
Numsa was scheduled to meet the VWSA shop stewards tomorrow to
consider the three options management had presented to them. These
were the retrenchment of 700 people, workers to work one day less
every two weeks and employees to be on short time for the whole
year. - Herald Online
website
S Africa's SAA reaches deal with union,
strike off - 1 December
State-owned South African Airways said late on Sunday the labour
union had called off a strike after the two parties reached
agreement over the outsourcing of the carrier's call centre staff.
But after negotiations earlier on Sunday, SAA and Satawu signed an
agreement, with the airline declaring it would not outsource the
disputed call centre. -
Reuters website
SAA faces strike action - 26 November
As the festive season draws nearer, strike action looms at South
African Airways over the outsourcing of the airline's
reservations and Voyager call centre.
SAA wants to transfer about 250 call-centre staff to
specialist IT services company Dimension Data, which outsources
call-centre workers.
The staff have also been offered an option of voluntary
retrenchment packages by SAA.
The SA Transport and Allied Workers'
Union this week received permission to strike from the Commission
for Conciliation, Mediation and Arbitration, but has suspended the
action "to allow negotiations to take
place", said Israel Mphahlele, Satawu's
Gauteng chairman. -
The Times website
Land Affairs and
Property
SA house prices rise, but sector under pressure - 2 December
South African house prices jumped in November but the five-month
moving average showed the residential property market remained under
pressure, a new survey showed on Tuesday. The Standard Bank property
gauge leapt 13% last month to R650 000 after falling for most of the
year, but the bank said the move was more a reflection of fewer
lower-priced homes being sold rather than a rise in prices. The
5-month average median price increased by just 1,9%, showing a
sector under strain from high interest rates and tighter lending
rules. - Creamer Media's
Engineering News website
FNB House Price Index : John Loos, property strategist, FNB - 1
December
How is the FNB index measured? A couple of filters - I take what
the value is, value of property, and if the actual price divergence
is too far from that I take it out, because you do get inputting
issues from time to time. I don't have any major price cut-offs, so
take anything up to R10m. And then what I do I split it up into
sub-indices according to room number - the three-bedroom,
four-bedroom and two bedrooms and less. I then keep the weightings
constant on the five-year average because what you also find is in
some segments volumes dry up in the deteriorating time faster than
others, and then the weighting declines and they don't have as big
an influence over the index as they should. So I try a couple of
measures like that to try and give a realistic impression of trends
in the housing market, but with statistics you never get 100%
accurate reflection. However, it's a deteriorating trend and I
believe that is a realistic one at the moment. - Interview with
Chris Buchanan on the moneyweb
website
House market to worsen : Absa - 1 December
Absa expects the residential property market to deteriorate further
next year, despite containing its mortgage bond foreclosure rate to
less than 50 a month with its debt repair line and rapid auction
programme. - Business Report
website
Property Law
Landlords advised to give tenants credit where due - 28
November
Owners of rental properties should be wary of becoming too strict
in their acceptance or otherwise of prospective tenants'
credit credentials and should make use of the full gamut of credit
check mechanisms available to them. Gerhard Kotzι,
CEO of the ERA South Africa property group, makes the comments in
the wake of delays to proposed legislation which would have
amended the Prevention of
Illegal Eviction and Unlawful Occupation (PIE) Act. The
amendments sought to "free private
residential landlords and banks (in the case of repossessed
properties) from the full rigours of the PIE Act"
as the Estate Agency Affairs Board put it. -
Rodney Hayter website
Municipal Management
and Procedure
eThekwini
Development plan sparks outrage - 5 December
There were howls of protest when the eThekwini Municipality
resolved that it would compel landowners to allow the city to
provide toilets and water to squatters who invade plots of land.
The decision on who will ultimately foot the bill has not been
finalised, although each case will be decided on individually. It
was one of the smallest, yet controversial items on the agenda on
Thursday at the last full council meeting in 2008. The
recommendation was pushed through with the support of all
political parties besides the DA. -
IOL website
Name Changes
Why name changes are necessary : Kgalema Motlanthe - 30
November
Just as the cities, towns, streets, rivers and mountains of this
country belong to all its people, we should ensure that all South
Africans can embrace the names we use to identify these features.
- politicsweb website
National Prosecuting
Authority
Ginwala absolves Mbeki - 5 December
commission clears former president Thabo Mbeki of an abuse of
executive power, finding that he did not interfere in the arrest
and prosecution of police National Commissioner Jackie Selebi. -
Mail & Guardian website
How arms-deal 'bribes' were paid - 5 December
Dramatic new evidence of corruption in the arms deal is disclosed
in documents used by the Scorpions to motivate for last week's
raids on premises countrywide. The documents, seen by the Mail
& Guardian, show that "commissions"
paid to agents by British defence giant BAE Systems total more
than £115-million - a staggering R1,73-billion at today's
exchange rate. The documents - affidavits by South African and
British investigators, financial statements and correspondence -
formed the basis for the Scorpions'
secret application to the Pretoria High Court to search seven
premises linked to BAE and its agents last week. -
Mail & Guardian website
'Bribes', BAe and the billionaire who loves champagne and women
- 2 December
According to reports, Johan du Plooy, lead investigator at South
Africa's National Prosecuting Authority (NPA) also known as the
Scorpions tabled an 89-page affidavit in the Pretoria High Court
before the raids began last week on seven different premises
throughout the country, including BAe's offices in Pretoria. Also
tabled at the High Court was an affidavit from lead investigator
Gary Murphy, of Britain's Serious Fraud Office (SFO), which is
conducting a parallel investigation in collaboration with the
Scorpions. - Scotsman
website
Arms deal's billionaire bachelor -
30 November
A series of raids by the Scorpions this week have thrust a
media-shy Johannesburg billionaire into the spotlight. So little
is known about Fana Hlongwane, a former freedom fighter who became
an arms pedlar, that it is only the trappings of his wealth that
sets tongues wagging in his tiny circle of powerful acquaintances
and beautiful women. On Wednesday, the Scorpions swooped on the
49-year-old lawyer's homes and businesses as part of a massive new
investigation into corruption in the country's
arms deal. - The Times
website
Latest arms probe goes to the heart of government - 30
November
This week's raids on arms trader Fana
Hlongwane are proof that the Scorpions are leaving no stone
unturned in the investigation of the country's
controversial multibillion-rand arms deal. -
The Times website
Pension Funds
No to 'big-bang approach' to pensions - 4 December
Planned pension reform may be dramatic relative to what went
before, but this does not imply government will take a "big-bang
approach", pension fund administrator Liberty Corporate said on
Thursday. - IOL website
Politics
ANC vs IEC - 4 December
The ANC's court attempt to compel the Independent Electoral
Commission (IEC) to accept nomination forms for its candidates in
the local government by-elections, is expected to be heard in the
Electoral Court in Durban this Saturday. The matter was initially
set to be heard in the Cape High Court on Thursday, but was
removed from the roll and referred to the Electoral Court, which
will sit in the Durban High Court. The ANC filed the application
last Friday after it submitted candidates' nomination forms
minutes after the 5pm cut-off time the previous day. -
IOL website
See also :
IEC to oppose ANC application on party name
above
KZN Cope demands refund from ANC - 3 December
The Congress of the People (Cope) in KwaZulu-Natal (KZN) wants the
African National Congress (ANC) to reimburse it after disrupting a
branch meeting, or it will take the matter to the Public Protector
or the Small Claims Court. - Mail &
Guardian website
South African Police
Service
Top cop 'shoots' colleagues - 4 December
Institute for Security Studies' Johan Burger said there was an
increasing number of interpersonal conflicts occurring within the
police. "This is brought about by a deterioration and erosion of
discipline within the SAPS, which began to emerge over the past
couple of years. While we do have a number of very good
commanders, there is a noticeable atmosphere especially around the
decline in discipline with junior officers openly questioning
their commanders' orders. The questioning of orders arises
because there are increasingly more commanders in positions who do
not have the experience and skills for (the job), which leads to
frustrations. This on top of the involvement of unions in the
police service is leading to a high degree of frustration and
tremendous pressure within the police, especially around the
issuing of orders which in turn leads to incidents where police
officers turn on each other," he said. -
IOL website
ANC wants ICD overhaul - 1 December
The ANC wants to protect the country's men and women in blue from
being dragged to court "to clear their names" every time a
criminal complaint is laid against them. According to sources at
the ANC's national manifesto conference - which ended a day early
in Kempton Park on Sunday night - the party proposes to completely
revamp the Independent Complaints Directorate (ICD) to deal with
all criminal complaints against members of the SAPS. -
IOL website
Police to
be shielded from law? - 1 December
The Cape Times reports this morning that the ANC wants to protect
members of the South African Police Service from being dragged
into court "to clear their names"
when a criminal complaint is filed against them. If this report is
correct, it would be rather worrying for several reasons. -
Constitutionally
Speaking blog
Sport and Recreation
Boks to change emblem - 1 December
The President's Council of the South African Rugby Union (Saru)
said the King Protea - used by all the other national teams - will
now appear over the heart on the jerseys. The lithe antelope that
has symbolised the team for 102 years will move the right side of
the jersey, in a compromise with critics who wanted to abolish the
springbok emblem entirely. - IOL
website
Trade and Industry
SA likely to lift Chinese textile import curb - 3 December
South Africa is unlikely to extend restrictions on Chinese textile
imports beyond December 2008, when they are due to expire, a senior
government official said on Wednesday. -
Mail & Guardian website
Concern
as Chinese clothing quotas expire - 4 December
The quotas on Chinese clothing and textile imports are due to
expire at the end of the month, but the industry is gripped by
uncertainty on whether an 11th-hour extension will be made through
agreement with the Chinese government. -
Business Day website
Transport and Roads
Drugalyser legality questioned - 1 December
The effectiveness and legality of the
Drugalyser - launched in the Western Cape last week - has been
called into question by a local attorney and the Automobile
Association. Marius de Kock, a local attorney, said the idea that
it is within the power of the police to do the testing of drugs
"within the law is ludicrous". -
IOL website
Why do SA motorists see double? - 26 November
A Startling number of Cape Town motorists pulled over at
roadblocks have tested positive for drugs, with a third of
Mitchell's Plain drivers testing positive for tik, according to
South Africa's first drug-driving report. Also, half of the people
treated at hospitals for road accident injuries tested positive
for an illegal substance. The tests were carried out at roadblocks
between April and November, and the report put together by Trimega
Diagnostics, working with the SA Police Service and traffic
officers in Gauteng and the Western Cape. -
IOL website
Cape launches drug tests for drivers - 24 November
The days when motorists could get away with driving under the
influence of drugs are numbered as the "drugalyser" is to be
launched on Tuesday. A sample of saliva or sweat is enough to
determine if motorists are under the influence of narcotics. -
IOL website
LHD car owners to challenge law - 29 November
The Department of Transport is not only preparing to implement
legislation that will disallow Left Hand Drive (LHD) vehicles from
obtaining a roadworthy certificate, but it is also now applying
the legislation in retrospect, meaning many people who have
already legally bought and registered their vehicles are now being
told they are using them illegally. Attorney Shahir Ramdass, who
has been engaged on behalf of the South African Veteran and
Vintage Association (SAAVA) and Motorsport South Africa, said if
their legal attempt fails to make the department change such
legislation, then thousands of classic car owners that these
associations represent would have no alternative but to launch a
Constitutional Court challenge to set aside the legislation. -
IOL website
Tollroads
Wild Coast
Proposed N2 Wild Coast Toll Highway
Draft Environmental Impact Report
Updated 7 November 2008
cca Environmental
website
Wild Coast toll road EIA released for public comment - 2
December
After being commissioned in January 2005, the environmental-impact
assessment (EIA) for the proposed N2 toll road along South Africa's
Wild Coast, has finally been made available for public comment.
The closing date for comments by interested and affected parties
was January 9, 2009. A number of alternative alignment routes for
the road were specified in the report. -
Creamer Media's
Engineering News website
Thumbs down for new toll gates - 3 December
The eThekwini Municipality has lashed out at the South African
National Roads Agency's proposal to install new toll gates and
ramp plazas in the metro, saying it will cripple residents and
businesses, particularly those in the south. One report estimates
that residents and workers will lose between R96-million and
R102-million in disposable income. Infrastructure on alternative
routes - likely to be used as motorists avoid paying tolls - will
be significantly strained and damaged. And increased traffic
congestion, accidents, pollution and noise levels will decrease
property values and reduce residents' quality of life. -
IOL website
Miscellaneous
Rivonia Trial records finally returned to the state - 3
December
Nelson Mandela smiled as a glass box containing valuable
historical items related to his life as a political activist was
set before him. The historical collections, which included Rivonia
Trial records, were formally returned to the state in a special
handover ceremony held last week. Dr Percy Yutar, who had led the
prosecution at the Rivonia Trial and had amassed a substantial
collection of copies of records and his own working papers,
actively offered this collection on the international
market. In an effort to keep the court records in South Africa,
mining magnate Harry Oppenheimer acquired them from Yutar and kept
them at the family's Brenthurst Library. Handing over the records
to Minister of Arts and Culture Pallo Jordan, Nicky Oppenheimer
described the Rivonia trial as a seminal trial in the history of
South Africa. Included in the records, which will now be in
the care of the National Archives (a division of the Department of
Arts and Culture) is the original transcript of the trial, a
series of photographs, a range of other documents and the diary
Mandela kept when he left South Africa secretly at the beginning
of 1962. Also included is Mr Mandela's famous four-hour speech
which he delivered from the dock of the Palace of Justice in
Pretoria on 20 April 1964 at the start of the defence case. -
south africa : the good
news website
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Africa
Former PE attorney named banking adjudicator of 2008 - 3
December
A former Port Elizabeth attorney who also acted as a judge in the
Eastern Cape high courts has received international recognition,
being named banking adjudicator of the year. Advocate Clive Pillay,
formerly senior partner in the firm Pillay, Mayer, Boqwana in
Stanford Road, Korsten, is the ombudsman for banking services. -
Herald Online website
Namibia
Namibian court grants bail to SA
journalist - 4 December
A Namibian court on Wednesday granted bail to a South African
journalist arrested last week for allegedly entering the country on
a tourist visa in order to do television reporting. "I had to pay
N$8 000 [US$780] bail and was told I can fly back home tonight
[Wednesday]," Bonita Nuttall, presenter of M-Net's
Carte Blanche investigative
news programme, said. - Mail &
Guardian website
Somalia
UN extends
anti-piracy measures - 2 December
The UN Security Council has extended its authorisation for countries
to enter Somalia's territorial waters to stop acts of piracy. The
12-month extension allows nations - with advance notice - to use
"all necessary means" to combat piracy in Somali waters. -
BBC News website
How do you
pay a pirate's ransom? - 3 December
Pirates in Somalia are making a fortune by hijacking ships and
demanding ransoms to set them and their crews free - one official
estimates the total this year to be around $150m. From what can be
gleaned - how the negotiations run their course and how the ransoms
are paid - what goes on would be worthy of a Hollywood action movie
script. - BBC News website
Zimbabwe
News release from Southern African Litigation
Centre
3 December 2008
SALC Calls on NPA
to hold Zimbabwean officials accountable for torture
The Southern
Africa Litigation Centre (SALC) has requested the National
Prosecuting Authority (NPA) to take action on its evidence of
torture by Zimbabwean officials of actual and perceived
supporters of the Movement for Democratic Change (MDC) in March
2007.
Lloyd Kuveya, a
lawyer at SALC stated :
"It has been more than eight months
since we submitted the evidence of torture to the NPA. Since
then the situation in Zimbabwe has reached an all time low. It
is time for South Africa to send a clear message that it will
not be a safe-haven for torturers who come across the border".
In March 2008,
SALC submitted a dossier documenting evidence of torture by
Zimbabwean police and other officials following a raid on
Harvest House, the headquarters of the MDC. Officials detained
over 100 people, including those who happened only to work in
nearby shops or officers. A number of individuals were detained
in police custody for several days where they were repeatedly
subjected to torture including mock execution, such as
waterboarding and the use of electric shock.
The dossier
included a legal opinion authored by Wim Trengove, Gilbert
Marcus and Max du Plessis detailing the relevant South African
law on accountability for crimes against humanity.
Further info
:
Lloyd Kuveya
Telephone : 011-403
3414
Cell : 079-484
8804
Email :
lloydk@salc.org.za
Issued by : FD
Beachhead
Eerie
silence at Zimbabwe diamond mine - 4 December
The authorities launched several operations to rid Chiadzwa of
illegal miners but the hunt for precious gems continued unabated.
Then heavily-armed soldiers arrived. That was the beginning of a
brutal campaign to remove illegal miners and the diamond-dealers
once and for all. It was dubbed Hakudzokwi kumunda, meaning
"Operation you would never go back to the diamond fields". Crisis
in Zimbabwe Coalition is calling for the alleged violations to be
documented so the perpetrators can be brought to justice once
normality returns to the country. Zimbabwe Lawyers for Human
Rights accused the army of heavy-handed tactics to remove the
illegal miners. - BBC News
website
Our
hands are tied : erosion of the rule of law in Zimbabwe -
November 2008
This Human Rights Watch report discusses the erosion of the rule
of law in Zimbabwe. - Polity
website
No
land changes : government - 1 December
The SADC Tribunal's ruling that 78 white former commercial farmers
whose properties were compulsorily acquired by Government for
resettlement could keep their farms will not reverse land reforms.
- The Herald [Zimbabwe]
website
See :
28 November 2008
2/2007
[2008] SADCT 2
Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe)
The decision in the Campbell application with the Southern African
Development Community Tribunal challenging the acquisition by the
Republic of Zimbabwe of agricultural land known as Mount Carmell
in the District of Chegutu in the Republic of Zimbabwe
Zim ruling 'puts new spin on SA land reform' - 2 December
The Southern African Development Community (SADC) tribunal ruling
that fair compensation be paid to Zimbabwean farmers evicted from
their farms holds implications for South Africa, organised
agriculture said on Tuesday. - Mail
& Guardian website
Zim rejection of Sadc land ruling sets precedent - 2 December
The Minister of State for National Security, Lands, Land Reform
and Resettlement, Didymus Mutasa, said the Zimbabwean Government
would disregard the judgment made last week. "They (the tribunal)
are day-dreaming because we are not going to reverse the land
reform exercise," he said and added that the Government would
continue with planned acquisitions in line with policies set up
eight years ago. Southern Africans, allow me to provide some
historical precedential quotes from the colonial but strategic
thinking of two US Presidents Thomas Jefferson and Andrew Jackson,
however oxymoronic. - Column by Lloyd Whitefield Butler Jnr on the
Zimbabwe Guardian
website
Zimbabwe rejects regional court ruling on white farmers : report
- 1 December
Zimbabwe's government has rejected a regional court ruling that
said 78 white Zimbabweans could keep their farms despite Harare's
land reform scheme, state newspaper The Herald reported
Monday. "They (the tribunal) are day-dreaming because we are not
going to reverse the land reform exercise," the Minister of State
for National Security, Lands, Land Reform and Resettlement,
Didymus Mutasa, told the newspaper. -
AFP website
Tribunal rules for Zimbabwe farmers - 28 November
A regional tribunal has ruled that 78 white Zimbabweans can keep
their farms because the governments land reform scheme
discriminated against them, in a key test of the new courts
influence. Judge Luis Mondlane, president of the Southern African
Development Community (SADC) tribunal, said that Zimbabwe had
violated the treaty governing the 15-nation regional bloc by
trying to seize the white-owned farms. -
The Times website
African court order Mugabe to halt land seizures - 28 November
AFP website
Zimbabwe
farmers win legal ruling - 28 November
BBC News website
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Asia
Burma
Burma
comic 'sent to remote jail' - 4 December
A
dissident comedian serving a 59-year jail sentence in Burma has been
moved to a remote jail in the north of the country, his relatives
say. Zarganar is believed to be one of seven dissidents to have been
moved from Insein in Rangoon to Kachin State. His family have said
the decision is "a cruel act" which will make it difficult for them
to visit him. Zarganar had just been named "Journalist of the Year"
by a leading media advocacy group. He had been detained earlier in
the year for criticising the government's slow response to Cyclone
Nargis in interviews with foreign news groups and for organising aid
deliveries himself. -
BBC News website
China
China scouting for bargain mining deals - 3 December
Chinese mining firms are gearing up to take advantage of the global
downturn and seek M&A mining deals at bargain prices next year, a
top official at Standard Bank said on Tuesday. Chinese mining groups
would keep a strong focus on Africa, but would also probably seek
out possibilities in Peru, Chile, Brazil, Australia and Indonesia. -
Mail & Guardian website
India
Dead men can also tell tales - 2 December
Investigators have managed to piece together what they know about
the planning and execution of last week's
terrorist attacks in Mumbai from the interrogation of the only
perpetrator to be captured alive, Mohammad Ajmal Amir Iman. Based
largely on his revelations, the police say they have established
the Pakistani origins of the plot as well as of the terrorists who
came ashore on board a rubber dinghy last Wednesday night. -
The Hindu website
Muslim graveyard refuses to bury terrorists in Mumbai - 1
December
A Muslim graveyard in the heart of Mumbai has broken with
Islamic tradition and refused to bury the bodies of nine
terrorists who were killed during the attack on India's
financial capital. The influential Muslim Jama Masjid Trust,
which runs the 7.5-acre Badakabrastan graveyard, said it would
not bury the gunmen because they were not true followers of
Islam. - Times Online
website
Pension announced for HIV/AIDS patients - 2 December
More than 40 900 HIV/AIDS patients who are receiving free
anti-retroviral therapy would be given pension shortly, Health and
Family Welfare Minister S Chandrasekhar announced here on Monday.
He launched 'Mee Nestam'
IEC campaign, integrated counselling and testing centres under
public-private partnership in private nursing homes and hospitals,
to mark the World AIDS Day. -
The Hindu website
"Words uttered in anger cant be ground for criminal instigation"
- 2 December
Words uttered in a fit of anger or emotion without any intention
cannot be termed an instigation to commit a criminal offence, the
Supreme Court has held. A Bench comprising Justice Arijit Pasayat
and Justice Mukundakam Sharma gave the ruling while dismissing an
appeal by a father who alleged that his son committed suicide
within a few days of marriage after his wife called him
"impotent" and
"ugly". -
The Hindu website
Thailand
Thai court disbands ruling party - 1 December
The Constitutional Court on Tuesday banned Thailand's
prime minister and many senior members of the governing coalition
from politics and ordered the largest party in Parliament
disbanded. The ruling forces out Prime Minister Somchai Wongsawat,
the third prime minister this year, but may not resolve the
countrys national crisis. - New
York Times website
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Europe
Cyberlaw
EU to
search out cyber criminals - 1 December
Remote searches of suspect computers will form part of an EU plan
to tackle hi-tech crime. The five-year action plan will take steps
to combat the growth in cyber theft and the machines used to
spread spam and other malicious programs. It will also encourage
better sharing of data among European police forces to track down
and prosecute criminals. Europol will co-ordinate the
investigative work and also issue alerts about cyber crime sprees.
- BBC News website
Czechoslovakia
Czech court imposes suspended sentence on fugitive Krejcir's wife
- 4 December
A Czech court imposed a one-year suspended sentence with a
three-year probation on Katerina Krejcirova, the wife of fugitive
billionaire Radovan Krejcir, whom it found guilty of complicity.
Krejcirova, also tried as fugitive, used her husband's money before
2005 though she knew it originated from criminal activities, the
court said. In July, the court acquitted Krejcirova, but the appeals
court cancelled the verdict. Now the district court delivered a
different verdict. Since April 21, 2007, Krejcir has stayed in South
Africa where he arrived using a false passport. This February a
court in Johannesburg decided that Krejcir would not be extradited
to the Czech Republic for prosecution. -
Ceske Noviny website
See also :
InfoUpdate no.6 - 8 February 2008
France
Court upholds the right to sell Sarkozy dolls - 1 December
French President Nicolas Sarkozy voodoo dolls could still be sold
by a publisher as long as they came with a warning that sticking
pins in the toy were an affront to Sarkozy's dignity, a Paris
court ruled on Friday. The court rejected Sarkozy's appeal to
block the sale of the dolls. It required the warning labels be
added to the packaging in conspicuous block lettering. -
Business Report website
Germany
Grandson of anti-Hitler plotter seeks restitution - 2 December
Friedrich zu Solms-Baruth was swept up by the Gestapo the day
after a failed 1944 bombing attempt on Hitler and thrown into the
secret police's notorious Prinz Albrecht Strasse prison in
downtown Berlin. Unlike scores of others connected with the
Kreisau Circle of plotters who were executed, the German
aristocrat was eventually released - but not before he had signed
away ownership of his family's estates on the order of Gestapo and
SS chief Heinrich Himmler. Now, some 60 years later,
Solms-Baruth's grandson is continuing the family's fight for
compensation for the millions of dollars (euros) in lost property,
taking his case to court. -
Associated Press website
Holland
Looking for a health insurance discount? - 1 December
Dutch health care insurers are to give a discount to clients
registered as organ donors, reports said Monday. Four major health
insurers said they would give a 120 discount (about R1 500) on
the annual fee for basic health insurance cover, which will be 1
200 for adults in 2009. - IOL
website
Human Rights
EU aims to
improve asylum rules - 4 December
The European Commission has called for fairer and more efficient
procedures across the EU for asylum seekers. EU Justice
Commissioner Jacques Barrot said the 27-nation bloc should provide
"higher standards of protection, a more equal level playing
field". The commission says asylum seekers ought not to be sent
back to EU member states that "cannot offer them an adequate
standard of protection". - BBC
News website
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Middle East
Iraq
New
Chemical Ali death sentence - 2 December
An Iraqi court has sentenced to death Ali Hassan al-Majid, also
known as Chemical Ali, for his role in crushing a Shia uprising in
1991. It is the second death sentence passed on Majid, a cousin of
Saddam Hussein. - BBC News
website
Iraq presidency council approves US security pact - 4 December
Iraq's presidency council has approved a
security pact with the United States that paves the way for a
complete US troop pullout by the end of 2011, a spokesman for the
council said on Thursday. The pact, which brings in sight an end
to the US military presence that has lasted since the 2003
invasion, passed through parliament last month after protracted
negotiations. It is supposed to be put to a public referendum next
year. - Reuters website
Iraq says critics can wait to judge US over pact - 30 November
Iraq's government tried to quell criticism on Sunday of a security
pact which sets deadlines for US military withdrawals, saying
opponents could wait to judge how Washington honors commitments to
pull back its troops. The comments came after Iraq's influential
top Shi'ite cleric Grand Ayatollah Ali al-Sistani expressed
reservations about the pact which paves the way for US troops to
withdraw from Iraqi towns by mid-2009, and leave the country by
end-2011. - Reuters website
Iraqi court orders US to free Reuters photographer - 30
November
An Iraqi court on Sunday ordered the release of a freelance
photographer working for Reuters news agency who has been held by
US forces since early September. The Iraqi Central Criminal Court
ruled there was no evidence against Ibrahim Jassam Mohammed, and
ordered that the US military release him from Camp Cropper prison
near Baghdad airport. - Reuters
website
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United Kingdom
Banking
RBS plans 'proactive' refund of overdraft fees - 2 December
RBS plans to "proactively" refund overdraft fees if it loses the
ongoing test case over bank charges. The bank, which also owns
NatWest, confirmed today that it was making "careful
contingency plans" after a document
referring to the measures was leaked to the BBC. According to the
document, a team is "preparing systems and processes to proactively
refund charges to the group's customer base" and "all customer
accounts that are due a refund will be calculated as accurately as
possible". The bank is one of eight lenders fighting a High Court
test case with the Office of Fair Trading (OFT) to decide the
legality of unauthorised overdraft fees, which cost consumers
billions of pounds a year. The banks appealed after losing the first
round in April, when the judge ruled that the OFT could apply
consumer contract regulations to decide if the charges are fair or
not. - Times Online
website
Courts
Drug companies celebrate collapse of price-fixing case - 4
December
The Serious Fraud Office suffered a huge defeat yesterday with the
collapse of its £25 million, six-year investigation into alleged
price fixing among drug manufacturers. The Court of Appeal in
London rejected the SFO's appeal against
the striking out of its indictment in July this year against five
pharmaceutical companies. The decision, reached in less than 1½
hours, raises a question mark over the future of such lengthy and
complex investigations by the SFO. -
Times Online
website
Mother loses libel battle against 'ugly' daughter - 2 December
The mother of a prominent barrister faces a legal bill of £500 000
after losing a High Court libel action against her daughter over
allegations of abuse in Ugly, the bestselling memoir. The jury
took just over a day to find unanimously against Carmen
Briscoe-Mitchell, 74, who had testified that her 11 children
enjoyed a happy upbringing, contrary to the allegations in the
book by her daughter Constance Briscoe. The verdict is both a
triumph and a relief for Miss Briscoe, a criminal barrister and
one of Britain's first black part-time
judges. Her career was at stake had she lost. Ms Briscoe-Mitchell's
solicitor said that they were "considering
an appeal". He confirmed that his
client, from Southwark, would not have to meet her own estimated
£100 000 costs as she had been
represented on a no-win, no-fee basis. -
Times Online website
Barrister was going to resign if her mother won libel action -
3 December
Constance Briscoe went into the High Court libel action that could
have wrecked her career fully expecting to lose, she says in an
interview in todays Times. -
Times Online
website
Coroner rules out unlawful killing verdict in de Menezes inquest
- 2 December
The coroner at the inquest of Jean Charles de Menezes, who was
shot dead by police on the London Underground, ruled out a verdict
of unlawful killing today. Sir Michael Wright told the jury to set
aside the emotional pleas of the Brazilian electrician's
family and record either an open verdict or a finding of lawful
killing. The former High Court judge began summing up the
seven-week inquest today by suggesting that a verdict of unlawful
killing was "not justified".
- Times Online website
De Menezes inquest : the key questions - 2 December
Nine crucial factors determine what led to the death of Jean
Charles de Menezes, a court has heard. -
Telegraph website
Human Rights
Psychiatric
drugs force queried - 4 December
The practice of forcing psychiatric patients to take medication is
not backed by evidence, say UK researchers. Very few rigorous
investigations of the use of coerced medication have been done
despite it being widespread, the Journal of Advanced Nursing
reported. The dearth of evidence is "unacceptable" and more should
be done to find alternatives, the team said. -
BBC News website
Staff 'too
timid' on child abuse - 3 December
Professionals must not be too reluctant to remove children from
abusive parents, a group of experts has said. The call comes in a
series of articles on child abuse published in the Lancet medical
journal. The studies also claim that 10% of children in wealthy
countries suffer ill-treatment every year, but that neglect and
abuse are under-reported. - BBC
News website
Labour Law
Lawyer of the Week : Adrian Budgen - 4 December
Adrian Budgen, head of industrial disease litigation at Irwin
Mitchell, acted for Ruth Durham, the lead claimant in the employer's
liability insurance policy "trigger"
litigation in the High Court. Mr Justice Burton ruled that
employer's liability insurance policies
were triggered at the time when mesothelioma victims were exposed
to asbestos, not when the disease develops, and so the insurers
who were "on risk"
would be liable to pay compensation. -
Times Online
website
Legislation
Government to unveil legislation plans in Queen's Speech - 3
December
The Queen will unveil the Government's proposed legislation for the
year ahead amid the traditional ceremony of the State Opening of
Parliament. It is thought that a new code of conduct on lending will
be outlined, preventing banks from calling in loans or altering the
terms of credit without clear advanced warning to customers. While
currently they can only be "named and shamed", banks are expected to
face heavy fines if they do not treat customers fairly. Measures to
toughen up the welfare system are also set to be announced. It is
thought that benefit claimants will face lie detector tests and lose
their benefits for a month if found guilty of cheating the system,
in a "one strike and you're out" system to be introduced. -
Telegraph website
Minerals and Energy
Total faces criminal charges over Buncefield blast - 1
December
Total, the French oil giant, and four other companies are facing
criminal prosecution over Britain's biggest peacetime explosion,
the Environment Agency said today. The agency has commenced
proceedings with the Health and Safety Executive over the blast at
the Buncefield oil storage depot in Hertfordshire in December
2005, which injured 43 people. Five companies will make an initial
appearance at the West Hertfordshire Magistrate's Court in Watford
on January 23, including Total's UK arm and Hertfordshire Oil
Storage Limited (HOSL), the operator of the Buncefield depot,
which Total co-owns with Chevron, the US oil company. -
Times Online
website
Privacy
European Court of Human Rights
4 December 2008
30562/04 ; 30566/04
S and Marper v the United Kingdom
DNA database innocents win landmark European court ruling - 4
December
The police in England, Wales and Northern Ireland face having to
wipe the profiles of nearly one million innocent people from the DNA
database after a landmark European ruling. -
Telegraph website
Ruling due
on DNA database case - 4 December
A
judgement is due in a case which could have major implications on
how DNA records are stored in the UK's national database. The case
was taken to the European Court of Human Rights by two British men
from Sheffield who want their DNA profiles removed. Their
information was retained although they were not convicted of the
crimes for which they were arrested. The database may have to be
scaled back if this is ruled to be unlawful. The details of about
4.5m people are held and one in five of them does not have a current
criminal record. -
BBC News website
DNA database 'breaches human rights' - 4 December
A landmark legal ruling today could force the Government to
remove samples of hundreds of thousands of people from the
national DNA database. A test case heard at the European Court
of Human Rights (ECHR) may result in a radical overhaul of the
database, which currently includes all DNA evidence taken during
criminal proceedings in England and Wales. -
Times Online website
Police are ordered to destroy all DNA samples taken from
innocent people - 5 December
Times Online
website
Law must allow the use of data in fight against serious crime
- 5 December
This judgment will come as a disappointment to the police
service. But it does at least provide some clarity on an issue
that has been outstanding for some time. -
Times Online website
DNA : what happens after an arrest - 5 December
A ruling by one of Europe's highest courts that could prevent
authorities from stockpiling DNA samples taken from people with
no criminal conviction was welcomed by lawyers today. They
hailed the decision by the European Court of Human Rights as a
victory for the protection of civil liberties and suggested that
it would severely restrict the Government's ability to retain
personal information and even jeopardise plans for a national
ID card. -
Times Online website
See also :
Police to access
wider forensic data
above
Queen's Speech
Banking bill at heart of slimmed down 'recession Britain' programme
- 3 December
Telegraph website
NHS patients to have legal right to demand drugs or treatments
available elsewhere in the country - 3 December
Telegraph website
Equal pay at centre of Equality Bill - 3 December
Telegraph website
Social Welfare
Benefits slackers will lose up to a month's payments - 1
December
Unemployed workers will be fined up to a month's benefits if they
fail to look for work under plans to be unveiled by the
Government.. James Purnell, the Welfare Secretary, will announce a
series of escalating punishments for the "hardcore" of benefits
claimants who fail to live up to their responsibilities by missing
appointments or interviews. In a move which is certain to
infuriate some Labour backbenchers, the system of punishments and
fines would kick in after just one missed appointment unless
24-hours notice and a legitimate excuse was given. -
Telegraph website
Jobless could be forced to carry out 'community punishments' -
2 December
Unemployed people could be forced to carry out "community
punishments" such as litter-picking or gardening if they miss
meetings designed to help them back into the workplace. -
Telegraph website
Sport and Recreation
Olympics good for having a party but not much else, secret report
warned ministers - 2 December
Ministers ignored evidence from their own experts who found scant
social or economic justification for bidding for the 2012
Olympics, The Times has learnt. A
250-page strategy document, signed off in December 2002 by Tony
Blair as Prime Minister but selectively distributed, found little
support for the claim that the Games would produce significant
economic returns or more people playing sport. -
Times Online website
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United States and South
America
Brazil
70% deforestation cuts for Brazil - 1 December
Brazil has announced a plan to reduce deforestation rates in the
Amazon region by 70% over the next ten years. The plan follows a
call for international funding to prevent further loss of the
Amazon rainforest. This year, the rate of Amazon deforestation
increased after falling for the past four years. The announcement
comes as the UN's latest round of climate talks begin. -
BBC News website
Correctional Services
Fancy sneakers get the boot - 2 December
Fancy sports shoes were declared off limits at New York prisons
from Monday as authorities sought to reduce friction between
fashion conscious inmates. The Correction Department banned snazzy
sneakers and issued prisoners with identical canvas shoes costing
two dollars a pair, the Daily News reported. -
IOL website
Courts
Lawyers ite film in asking judge to dismiss Polanski case - 2
December
Lawyers for the film director Roman Polanski, who fled the United
States before his sentencing for statutory rape 30 years ago,
asked a judge here to dismiss the case against him based on claims
of judicial and prosecutorial wrongdoing revealed in a documentary
film. The request was filed with Judge David S Wesley in the Los
Angeles Superior Court on Tuesday afternoon. -
New York Times website
Health
What if the doctor doesnt want to nap? - 4 December
This week, a panel for the Institute of Medicine recommended
mandatory sleep breaks and more structured shift changes for
doctors-in-training. The panel focused on the grueling
[sic] hours put in by medical residents, the recent medical
school graduates who care for patients under the supervision of a
fully-licensed physician. -
New York Times
website
Panel calls for changes in doctor training - 2 December
A national panel of medical experts proposed significant and
costly changes for training new doctors in the nations hospitals,
recommending mandatory sleep breaks and more structured shift
changes to reduce the risk of fatigue-related errors. -
New York Times
website
Politics
Pardon is back in focus for the Justice nominee - 1 December
In the much praised career of Eric H Holder Jr, President-elect Barack
Obama's choice to be attorney general, there is one notable
blemish : Mr Holder's complicated role
in the 2001 pardon of Marc Rich, a billionaire financier who had
fled the country rather than face federal tax evasion charges.
Some Republicans in Congress are eager to revisit the Rich pardon,
which was investigated at length in 2001 both by Congress and by a
grand jury amid a public clamor that was fueled by hefty donations
that Mr Rich's former wife had made to
Mr. Clinton's presidential library and
to Democratic causes. A longtime prosecutor and a former judge, Mr
Holder remains a popular figure at the Justice Department eight
years after he left, and his supporters insist he was made the
"fall guy" for a controversy mainly of Mr Clinton's
making. - New York Times
website
Watchdogs applaud Clinton for identifying library donors - 30
November
Government-watchdog groups on Sunday hailed the news that Bill
Clinton will disclose the names of contributors to his
presidential library as a big stride toward greater transparency
in the dealings of former presidents. -
Tucson Citizen website
Obama releases names of donors - 2 December
President-elect Barack Obama released the list of donors to his
inaugural committee on Monday, and they included noteworthy names
like the movie director George Lucas and Eric Schmidt, the chief
executive of Google. -
New York Times
website
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International
Cluster bomb
treaty - 3 December
Campaigners are hailing moves by more than 100 countries to sign a
landmark treaty in Norway to ban current designs of cluster bombs.
The BBC's defence correspondent Rob Watson looks at key issues
around the controversial weapons. -
BBC News website
Trade and Industry
Further industrial tariff cuts at WTO would be difficult for SA
- 3 December
Further industrial tariff concessions to unblock the current
logjam in the Doha Round of trade talks would be
"very difficult"
for South Africa to bear, the Department of Trade and Industry
(DTI) said on Wednesday, as the World Trade Organisation (WTO)
hinted again to a possible mid-December meeting of ministers,
which could be convened to agree modalities. "That
does not mean that we will not make a contribution to tariff cuts,
we will do that. But we will not do that at the expense of our
industries that are vulnerable, particularly in this difficult
times in which we live, as a result of the economic downturn",
DG Tshediso Matona asserted. -
Creamer Media's
Engineering News website
WTO's Lamy says Doha meeting possibly from Dec 13-15 - 3
December
A meeting of ministers to try to secure a breakthrough in the
World Trade Organisation's seven-year-old Doha round is possible
around December 13-15, WTO DG Pascal Lamy said. But in a fax on
Monday to members of the body that umpires world trade, a copy of
which was obtained by Reuters on Wednesday, Lamy made it clear he
had not yet decided whether negotiating positions were close
enough to call a meeting. -
Creamer Media's
Engineering News website
WTO negotiating texts being prepared for ministers - 1
December
The chairmen of two key negotiating groups in the Doha world trade
round talks will update their texts this week in anticipation of a
ministerial meeting in December, diplomats said on Sunday.
Speaking after a meeting with World Trade Organisation (WTO)
Director-General Pascal Lamy, negotiators said the papers
providing an updated snapshot of farming and industrial goods
negotiations would be circulated Thursday or Friday. Another
participant in the meetings said "a period of reflection" would
follow the release of those texts, during which the WTO's 153
members will decide whether it is time to call in ministers to
push for an accord. -
Creamer Media's Engineering News website
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