http://www.polity.org.za/attachment.php?aa_id=18595 *

Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2006

GN 1402/GG 31745/22-12-2008 **

Legal Succession to the South African Transport Services Amendment Act 38 of 2008

Commencement date : 23 December 2008
Supersedes GG 31747/24-12-2008
PR 1/GG 31769/06-01/09 **

http://www.polity.org.za/attachment.php?aa_id=18596 *

South African National Space Agency Act 36 of 2008

GN 1385/GG 31729/15-12-2008 **

Amendment of Second Schedule
GN 10/GG 31770/08-01-2009 **

South African Qualifications Authority

National Standards Bodies Regulations

Standards Generating Body (SGB) for Aerospace Operations registered by Organising Field 10 (Physical Mathematical, Computer and Life Sciences)
GN 3/GG 31762/09-01-2009 **
GN 5/GG 31762/09-01-2009 **

Standards Generating Body (SGB) for Engineering registered by Organising Field 06 (Manufacturing, Engineering and Technology
GN 7/GG 31762/09-01-2009 **

Standards Generating Body (SGB) for Pharmacy registered by Organising Field 09 (Health Sciences and Social Services
GN 6/GG 31762/09-01-2009 **

Task Team for Radiography and Clinical Technology registered by Organising Field 09 (Health Sciences and Social Services)
GN 4/GG 31762/09-01-2009 **

*	Source : Polity
**	Source : Sabinet

12 January 2009
573/08 [2009]
National Director of Public Prosecutions v Zuma

Online at :
http://www.lawlibrary.co.za/resources/judgments/cct_2009_01_12_ndppvzuma.pdf
http://www.saflii.org/za/cases/ZASCA/2009/1.html

SCA's scathing attack on Nicholson - 12 January
The Supreme Court of Appeal delivered a scathing judgment against Judge Chris Nicholson on Monday, describing his finding of political meddling in the Jacob Zuma graft case as "erroneous", "unwarranted" and "incomprehensible". Zuma, the frontrunner for the presidency in the upcoming elections, will still have to face corruption charges. - IOL website

Nicholson 'failed to focus on the two key issues' - 13 January
Business Day website

Judge is slated for 'not separating fact, suspicion'  - 13 January
Business Day website

Nicholson in the firing line - 13 January
The Citizen website

Nicholson may have to defend his decision - 14 January
Cape Argus website

'Nicholson will accept ruling' - 13 January
IOL website

Was the SCA right to 'braai' Nicholson? - 15 January
Politicsweb website

Judges lose faith in Nicholson? - 14 January
IOL website

Should Nicholson be investigated? - 14 January
IOL website

Unlikely Nicholson 'will handle case again' - 13 January
Business Day website

New judge for the bench in Zuma trial - 15 January
When Jacob Zuma appears in court next month, it will not be before Judge Chris Nicholson. This was confirmed on Wednesday by KwaZulu Natal Judge President Vuka Tshabalala. "He has completed his mandate. He went into the merits of the case and gave his views about the trial. "I will have to find another judge". He said he had not yet been approached by either side regarding a possible date for the next court appearance. - IOL website

SCA delivers a scathing critique of Nicholson - 12 January
Pierre de Vos on the Constitutionally Speaking blog

SCA provides common sense interpretation of section 179 - 12 January
Pierre de Vos on the Constitutionally Speaking blog

Zuma saga puts constitution to the test - 15 January
Business Day website

The five appeal judges involved in yesterday's landmark ruling - 13 January
Business Day website

Zuma's five options - 13 January
IOL website

Zuma lawyers ponder next move - 12 January
ANC president Jacob Zuma's legal team is considering whether to approach the Constitutional Court, Zuma's attorney Michael Hulley said on Monday. They are also making arrangements to make representations relating to Zuma's case to the National Director of Public Prosecutions (NDPP). - News24 website

NPA receives letter from Zuma lawyers - 13 January
The Times website

South Africa's Zuma must admit guilt to get plea bargain - 14 January
"We have not been approached by Mr Zuma for any deal or any plea bargain", Mokotedi Mpshe, the acting head of the National Prosecuting Authority, said in an interview, a recording of which was posted on the Johannesburg-based Times newspaper's Web site today. "In the plea bargaining one would have to admit and accept that 'yes, I am guilty but I'm calling upon you to mitigate the sentence that may be imposed'. We will have to consider" an application if one is made. - Bloomberg website

Is this admission of corruption? - 16 January
Jacob Zuma and the ANC plan to "spill the beans" on corruption in the arms deal in a bid to end his legal woes, the Mail & Guardian reported on Friday. It said the ruling party planned to show the National Prosecuting Authority (NPA) that its president was "small fry" in the arms deal saga and there was more damaging evidence, including documentation, allegedly implicating former president Thabo Mbeki and COPE president Terror Lekota. - IOL website

Zuma to 'spill beans' on the arms deal - 16 January
Jacob Zuma and the ANC plan to "spill the beans" on corruption in the arms deal in a bid to end his legal woes, the Mail & Guardian reports. - Times website

NPA welcomes ruling on Zuma - 12 January
IOL website

Zuma judgment : Mbeki's full statement - 13 January
IOL website

ANC "respects" SCA judgment on NPA Appeal - 12 January
Politicsweb website

Shifting South Africa's legal goalposts - 15 January
Moves by Jacob Zuma's allies, such as a probe into the prosecution authority, are reminiscent of Robert Mugabe's tactics. - Guardian [UK] website

ANC wants NPA Act reviewed - 13 January
The ANC's Parliamentary caucus has asked party lawyers to review the National Prosecuting Authority Act in the wake of the Supreme Court of Appeal's judgment in the Jacob Zuma case, the ruling party's Chief Whip said on Tuesday. Mnyamezeli Booi said Monday's judgment, which reinstated fraud and corruption charges against presidential front-runner Zuma, raised questions about the powers of the NPA that had to be resolved. - News24 website

See also :
Parties slam review of law on NPA below

No plans to amend law for Zuma, says ANC - 16 January
The African National Congress (ANC) will not amend the constitution to protect its president Jacob Zuma from corruption charges. - Business Day website

Pretoria

Hoax email saga accused acquitted - 15 January
Former spy boss Billy Masetlha and his two co-accused in the hoax email saga were acquitted of the charges against them on Thursday. Masetlha's advocate Neil Tuchten said the Pretoria Commercial Crimes Court acquitted his client and his two co-accused after the state closed its case. "The state closed its case. It concluded that there was no case. We immediately applied for a discharge," said Tuchten. Masetlha, IT expert Muziwendoda Kunene and former National Intelligence Agency manager for electronic surveillance Funokwakhe Madlala were facing four charges relating to hoax emails implicating senior ANC members in a conspiracy against Jacob Zuma, the ANC's then deputy president. - IOL website

Durban

KZN department head can't appeal suspension - 10 January
The Durban Labour Court on Friday dismissed KwaZulu-Natal agriculture department head Modidima Mannya's application for leave to appeal his suspension. A disciplinary hearing by the department against him could now go ahead, spokesperson Khulekani Ntshangase told Sapa. "He is alleged to have harassed staff, been very unruly and arrogant". Mannya was suspended as head of the department early in 2008. - IOL website

City of Joburg may not demolish Alex homes - 15 January
The Land Claims Court has ruled that the City of Johannesburg may not demolish properties in Alexandra before settling a dispute with owners, a property owners' association said on Thursday. The chairman of the Alexandra Land and Property Owners' Association, Gama Magagula, said the municipality could not demolish, develop, rezone or restructure properties that were the subject of a dispute. The ruling, which took place on Wednesday in Randburg, stemmed from an application by the municipality to rescind a 2005 interdict ordering a halt to the demolition of properties. - Sowetan website

12 December 2009
A290/2008 [2008] ZAWCHC 77
S v Williams

'Glenister's evidence on MPs insufficient' - 14 January
Gauteng businessman Hugh Glenister did not have enough evidence to prove that the voting of parliamentarians implicated in the Travelgate scandal on the disbanding of Scorpions would compromise the legislative process, the Cape high court said on Tuesday. Judge Ntlupheko Yekiso was giving his reasons for dismissing Glenister's urgent application with costs in October last year. - IOL website

The unlawfulness of cadre deployment - 14 January
In the recent matter of Voyu Mlokoti v Amathole District Municipality and Mlamli Zenzile, unreported, Eastern Cape Division case no1428/2008, in respect of which leave to appeal has been refused, Pickering J has, in unequivocal terms, confirmed the illegality of the so-called practice of cadre deployment currently extensively practiced within the ANC. The court also brought clarity, albeit obiter, to the much debated question of the jurisdiction that a High Court has over questions of unfair labour practices. - Article by Nikki de Havilland, deputy-director of the Centre for Constitutional Rights on the Politicsweb website. This article first appeared in the Centre's quarterly publication ConsWatch

See :
6 November 2008
1428/2008 [2008] ZAECHC 184
Mlokoti v Amathole District Municipality and Another

24 January 2009
34232/2005 [2009] ZAGPHC 1
Erasmus v Road Accident Fund

Lessons on libel : South African blogger sued for defamation - 11 January
If Quality Vacation Club (QVC) thought that by suing blogger, Donn Edwards, for defamation they would silence any criticism of their dubious marketing tactics, they were wrong. Instead, the blogger's case has started an avalanche of attacks from sources both in the blogging and mainstream media arena. Unwilling and unable to take the case lying down, Donn Edwards initiated a campaign that has sparked the attention of bloggers throughout the country – with suggestions that the community form a permanent group to monitor blogger freedom in the country. - Global Voices blog

See also :
Timeshare 'sales scam' - 30 November 2009
Keyphrases :
Freedom of speech
Quality Time Marketing (Pty) Ltd
Quality Vacation Club Trust
Timeshare Institute of Southern Africa. Code of conduct

Athlone

Muggers arrested after baby's death - 8 January
Three men who mugged a woman in Nyanga, causing her baby to fall into the road and be hit by a bus, were expected to appear in the Athlone Magistrate's Court today, Western Cape police said. - Times website

Bethlehem

Prokureur se seun vrygespreek op dwelmaanklagte - 8 January
Stiaan du Plessis, bekende prokureurseun wat daarvan aangekla is dat hy handel gedryf het in, of alternatiewelik in besit was van dwelms wat "verwant" is aan vloeibare ecstacy, is op al die aanklagte vrygespreek. Landdros Terence Green van Villiers het egter in sy uitspraak in die Bethlehemse landdroshof gesê die GBL (gamma-butirolaktoon) is nie dieselfde as GHB (gamma-hidroksibutiriese suur, vloeibare ecstacy) nie. Sr supt Paul Shole, wat verbonde is aan die Suid-Afrikaanse Polisiediens (SAPD) se chemiese wetenskaplike dwelm-laboratorium in Pretoria, het gister laaste getuig om meer lig te werp op die verwantskap tussen die middels. Green het egter Shole se bronne, wat van die internet-webwerf Wikipedia afgetrek is, wat GBL en GHB as verwant uitmaak, as ongesaghebbend beskryf. - Volksbladd website

Camperdown

Another long wait for VIP bodyguard - 15 January
A VIP protection unit member and bodyguard of the KwaZulu-Natal MEC for social development Meshack Hadebe was yesterday ordered to reappear in the Camperdown regional court on February 13. Camperdown regional court magistrate Bheki Phoswa said the case was postponed to enable the court to obtain a detailed report illustrating details of the case Constable Hlanganani Nxumalo would appear in. Nxumalo is facing eight counts of attempted murder arising from allegations that he fired two shots at a vehicle on the N3 Highway between Pietermaritzburg and Durban on November 15 for not moving fast enough. - Sowetan website

Kliptown

Man bust for Facebook insults - 15 January
Offensive Facebook messages could land you in court on criminal charges. That’s what happened to an Eldorado Park man, Duane Brady, who allegedly left a string of defamatory messages for Daniella Cox, a friend of his wife. Cox reported these to the police and Brady appeared yesterday in the Kliptown Magistrate's Court on charges of crimen injuria and common assault. - Times website

Randburg

Witnesses served subpoenas in Selebi investigation - 15 January
The National Prosecuting Authority (NPA) confirmed on Wednesday that it has served subpoenas to witnesses from whom it sought cooperation with regard to the investigation into suspended National Police Commissioner Jackie Selebi. However, it said it will not provide the names of such persons as it believed it was their prerogative to do so. The prosecuting authority said it remained committed to commencing with the trial on 14 April 2009 as the case had already been placed on the roll of the Johannesburg High court. - BuaNews Online website

14 January 2009
Witnesses served subpoenas in Selebi investigation
SA Government Information website

Scorpions versus Cops - 14 January
The Scorpions have secured about a dozen subpoenas against top police officers - including acting SAPS chief Tim Williams - ordering them to surrender the evidence they need to prosecute suspended national police Commissioner Jackie Selebi. The subpoenas, obtained from the Randburg Magistrate's Court, give the senior police officers until January 27 to hand over the required documents or appear in court to explain why they won't. Selebi is due to go on trial for corruption in three months' time. - allAfrica website

NPA does not have a case, says Selebi - 15 January
The National Prosecuting Authority (NPA) has no evidence to support its corruption case against suspended police chief Jackie Selebi, he said in an interview published on Thursday. - Mail & Guardian website

Jurisdiction error frustrates Callie case - 15 January
The culpable homicide case relating to a car crash in which Isidingo star Ashley Callie was killed has hit further snags. On Wednesday, the question of jurisdiction as well as the fact that the defence has still not been provided with photographs taken at the scene of the accident prompted the Randburg Magistrate's Court to postpone the high-profile case to February 13. A visibly unhappy magistrate Pieter Erasmus signed an order on instruction of the chief prosecutor for the case to be heard at the Johannesburg Magistrate's Court because the accident had apparently occurred a metre into that court's area of jurisdiction. It was the fourth postponement granted in the Randburg court since the fatal accident early last year. Nicolaas Pretorius was driving the Renault that collided head-on with Callie's car at the corner of Tana and Linden roads in Emmarentia on February 8. - IOL website

Bank fees : banking on silence - 16 January
Secrecy hardly ever works, said former US politician Newt Gingrich, and it absolutely never works when it's used "in defence of dumbness". This seems to apply to the imbroglio that has resulted in the competition commission spitting fire at website Wikileaks for publishing the uncensored version of a 590-page report of the commission's banking inquiry. Little wonder, given that the uncensored version reflects poorly on the commission itself and contradicts the theory that the banks are "open and transparent" with the public. - Financial Mail website

Report on mining-related observations and recommendations_Anglo Platinum, affected communities and other stakeholders in and around the PPL mine, Limpopo

Cover
Part 1: Introduction, Foreword and Executive summary
Chapters 1 and 2
Chapters 3 and 4
Chapters 5 and 6
Chapter 7

Human Rights Commission finding highlights issues of community relocation to make way for mining - 16 January
The issue of human rights and mining is highlighted in a first-of-a-kind investigation into the relocation of communities to make way for mining. The South African Human Rights Commission (SAHRC) deems the relocation of a Limpopo community to make way for a platinum mine as "adversely affecting" the communities concerned. The world’s largest platinum-mining company, Anglo Platinum (Angloplat), relocated the communities that surrounded its Potgietersrus platinum mine in Mokopane. The Angloplat investigation is the SAHRC's first major investigation in the "human rights and business" field. - Creamer Media's Mining Weekly website

Platinum-miner defends its position on human rights abuse allegations - 5 December
In a report released by the South African Human Rights Commision (SAHRC) at the beginning of November, platinum-miner Anglo Platinum's (Angloplat's) actions in relocating communities surrounding its Potgietersrust Platinum Limited (PPL) mine is questioned, and, following an investigation, has ultimately been deemed as "adversely affecting" those communities involved. In its official response to the report, Angloplat states that it does not have "the track record of a company that skimps on helping poor and vulnerable people progressively realise their social and economic rights". - Creamer Media's Mining Weekly website

Statements and Speeches

Opening comments to the meeting of the committee of 10 (C10) - 16 January
Speech by Trevor A Manuel, MP, Minister of Finance, RSA Cape Town, 16 January 2009. - Moneyweb website

13 January 2009
Health Minister meets with National Convention on Dispensing

Motlanthe signs 14 bills into law - 14 January
Fourteen pieces of legislation have been signed into law by President Kgalema Motlanthe since Parliament went into recess before Christmas. Four were signed last month and ten over January 5-6. - News24 website

Broadcasting Amendment Bill

Motlanthe urged to sign SABC bill - 15 January
ANC chief whip Nyamezeli Booi is pressing ahead with plans to meet President Kgalema Motlanthe to clarify why he has yet to sign the so-called SABC bill into law. Booi told Sapa on Thursday afternoon that he still planned to meet with Motlanthe to ask the president why the bill and the two Scorpions bills had not been signed. - IOL website

COSATU concerned at Broadcasting Bill delay - 15 January
The Congress of South African Trade Unions is concerned at reports of a delay in the signing of the Broadcasting Amendment Bill by President Kgalema Motlanthe, and the lack of any explanation for the reason for the delay. - Politicsweb website

Heat on Motlanthe over Bills - 16 January
The SA Communist party has added its voice to the ANC's call for President Kgalema Motlanthe to sign the three Bills that will pave the way for the dissolution of the Scorpions and the SABC board. - The Citizen website

Criminal Law (Forensic Procedures) Amendment Bill, 2008

Introduced on 13 January 2009
The Ad Hoc Committee on the Criminal Law (Forensic Procedures) Bill will consider the Bill and report to the National Assembly by 23 January 2009. The Committee Secretary will be Jeremy Michaels (telephone : 021-403 38006) and a membership list has not yet been released.
The bill is accessible via www.pmg.org.za/bills
Source : Parliamentary Monitoring Group

Intellectual Property Rights from Publicly Funded Research and Development Bill

IP Bill locks down innovation - 15 January
President Kgalema Motlanthe has signed the Intellectual Property Rights (IPR) from Publicly Funded Research and Development Bill into action. The legislation forms part of science and technology minister Mosibudi Mangena's initiatives to increase innovation in the public sphere. The minister hopes to do this by ensuring publicly-funded researchers get a return on their research through marketable patents and collectable royalties. Nhlanhla Nyide, chief communications officer for the DST, says the law provides an enabling environment for intellectual property creation, protection, management and commercialisation. - ITWeb website

New law seeks to ensure effective use of intellectual property - 14 January
President Kgalema Motlanthe has signed the Intellectual Property Rights Bill, which sets out clear obligations regarding the ownership of intellectual property rights in South Africa, into law. The Intellectual Property Rights from Publicly Financed Research (IPR) Act, which was published in the Government Gazette in December, had been developed to ensure the effective use of intellectual property resulting from publicly financed research and development. The Department of Science and Technology (DST) noted in a statement on Wednesday that this has been a grey area for far too long. - Creamer Media's Engineering News website

Labour Act

SACCI to oppose call to change Labour Act - 13 January
The South African Chamber of Commerce and Industry (SACCI) will oppose calls by the Congress of South African Trade Unions (Cosatu) to change the Labour Act, SACCI's CEO Neren Rau said on Tuesday. "We would oppose Cosatu's call to change Section 189 of the Labour Act," Rau said. The particular section relates to the way in which workers are retrenched. - Mail & Guardian website

Liquor Act

Liquor Act to be challenged in court - 13 January
The South African Liquor Traders Association is set to challenge the newly-introduced Liquor Act pending advice from their legal advisors. The decision comes in the wake of the new law, which, said Finance, Economic Development and Tourism MEC Garth Strachan, has resulted in "anecdotal" accounts of a decrease in alcohol sales of between 20 percent and 40 percent. - allAfrica website

National Credit Act

Banks 'snatch' vehicles - 12 January
The head of South Africa's Debt Counsellors' Association (Dcasa) has accused ruthless banks of illegally repossessing thousands of cars every month in a bid to boost their profits in the current economic crunch. - IOL website

Are banks breaking the law? - 16 January
The banking ombudsman last year slapped banks with fines of R9-million for stalling investigations into their misconduct, up from R7,2-million the previous year. The fines of up to R50 000 each were for unduly delaying the ombudman's investigations into complaints from consumers, including illegal car repossessions. Advocate Clive Pillay said the industry watchdog had received about 40 complaints about illegal car repossessions from consumers during the last half of 2008. - IOL website

'Bank took away our livelihood' - 14 January
A Cape Town family facing the repossession of their bakkie for a second time, says Absa failed to inform them of the pending repossession. The Stemmets believe they are among thousands of consumers whose cars have been illegally repossessed, as the Debt Counsellors Association of South Africa (DCASA) has claimed. Nazier Hendricks told a story similar story to that of the Stemmets. His car was taken by WesBank last Thursday. He had planned to bring his account up to date the very next day, having waited for his Christmas bonus to be paid. Hendricks paid the outstanding R5 900 a day later but, because of bureaucratic hold-ups, he has yet to get his car back. - IOL website

We are following the legal route : banks - 13 January
The country's four big banks have defended themselves against accusations that they are repossessing cars illegally. Thousands of cars are illegally repossessed each month, as banks ride roughshod over the legal process required before repossession, the Debt Counsellors Association of South Africa (DCASA) has told the Cape Argus. But WesBank, Nedbank and Standard Bank said they followed the National Credit Act, which was introduced in 2006 to protect indebted consumers. Absa, the nation's second biggest car financier after WesBank, defended itself against these charges. - IOL website

National Prosecuting Authority Amendment Bill and South African Police Service Amendment Bill

ANC turns on Motlanthe - 15 January
The ANC has accused President Kgalema Motlanthe of keeping MPs and his own party in the dark about the status of the bills to dissolve the Scorpions. The two bills, which will see the dissolution of the Scorpions and creation of a new organised crime unit within the SAPS, are yet to be signed by the President into law. ANC Chief Whip Nyami Booi said on Wednesday that Motlanthe was sitting on the National Prosecutions Authority Amendment Bill and the SAPS Amendment Bill, which were adopted by parliament last year. - IOL website

South African National Space Agency Act 36 of 2008

Motlanthe signs Bill for SA space agency - 15 January
President Kgalema Motlanthe on Thursday signed a Bill which will see the country set up its own space agency, the Department of Science and Technology said. Spokesman Nhlanhla Nyide said the Act could see the country pull together all space-related activities under one banner later this year. - The Citizen website

United Kingdom

Lawyer of the Week : Sir Nigel Knowles - 15 January
Nigel Knowles, the joint chief executive of DLA Piper, was knighted for services to the legal profession in the New Year's Honours List. It is the first time in 13 years that a solicitor still in private practice has been honoured in this way. - Times Online website

In the City : where were you when you heard about Clifford Chance? - 15 January
It was one of those Kennedy assassination or fall of the twin towers moments. So where were you when you heard that Clifford Chance had announced a "redundancy programme" for its London offices? - Times Online website

Senior lawyer with S J Berwin found drowned amid financial crisis - 14 January
A senior lawyer to leading banks, brokers and hedge funds caught up in the financial crisis has been found drowned after complaining about feeling "under pressure" at work. Catherine Bailey, 41, a litigation partner with leading European law firm S J Berwin, told her husband she felt strained shortly before she disappeared from her central London offices in Chancery Lane on Friday. Following an urgent missing person's appeal, her body was found in the River Thames on Sunday. The volume of her work had increased significantly since the beginning of the economic downturn. She graduated from the University of Cape Town, South Africa in 1992 and was qualified to practice in England and South Africa. She joined S J Berwin's Commercial Litigation and Dispute Resolution Department in 1995 and was promoted to partner in 2003. She was also a director of the International Lawyers for Africa Project (ILFA) was launched in March 2006 to give lawyers from Africa work experience in leading International Law firms. - Telegraph website

Arms and Ammunition

14 January 2009
Statement regarding the renewal of firearm licences
SA Government Information website

Firearm owners urged to renew licences - 14 January
Firearm owners, whose birthdays fall between 1 October and 31 December, are urged by the South African Police Service (SAPS) to renew their firearm licences, permits and authorisations by 31 March 2009 in terms of the Firearms Control legislation. SAPS commenced with the renewal of firearm licences in January 2005 and the final phase for the renewal of firearm licences ends on 31 March 2009. - BuaNews Online website

Criminal Justice System

Presidential pardons under fire - 11 January
President Kgalema Motlanthe will face a legal showdown if he goes ahead with plans this month to pardon some of South Africa's most notorious apartheid agents. Victims' rights groups claim the presidential pardon process is a sham which could allow apartheid heavyweights such as Adriaan Vlok, police boss Johan van der Merwe and hit man Ferdi Barnard to get away with their crimes without coming clean. The three are among 2 300 applicants who have requested presidential pardons as part of a process initiated by former president Thabo Mbeki in early 2008. - The Times website

Defense

Motlanthe won't probe arms deal - 13 January
President Kgalema Motlanthe has stuck to his guns about not appointing a judicial commission of inquiry into the arms deal and will defend any lawsuit, if necessary. Presidential spokesperson Thabo Masebe said on Monday the president's view, as conveyed in a letter last year to Nobel laureates Desmond Tutu and FW de Klerk, would not be reversed. - IOL website

Judiciary

New judges for KZN - 14 January
KwaZulu-Natal now has a "full Bench" after the appointment of five new judges. Judge President Vuka Tshabalala confirmed the appointments yesterday and said the five had received their letters of appointment from President Kgalema Motlanthe late last year. - IOL website
Keyphrases :
Bhekisisa Jerome Mnguni
Esther Steyn
Fikile Mokgohloa
Malcolm Wallis
Trevor Gorven

Judging the judges - 14 January
It's time to judge the judges and the verdict isn't favourable. Judges are in for a tough time but they will only have our sympathy if they can revert to being balanced and methodical. We cannot afford rashness, rhetorical flourishes and intemperate behaviour. In short, judges need to become boring once again. Article by Mike Wills originally published in the Cape Argus. - allAfrica website

Land Affairs and Property

Will SA's retail property weather the economic downturn? - 14 January
Moneyweb website

Rich, famous, govt employee : everyone's feeling property pain - 13 January
Whether you're a tax collector or rich fund manager, it's become a struggle to pay rent, offload property debt. - Moneyweb website

Land Claims and Expropriation

The scandal of District Six - 12 January
The District Six Beneficiary Trust has hit back at Mayor Helen Zille after her criticism of the trust and the tender process involved in the current project to build houses in District Six, calling it "cowardly and scandalous". Zille wrote an editorial in the Weekend Argus, expressing frustration over the delay in the restitution process in District Six, saying at the rate it was going, it would take about 100 years to return all 2 000 claimants to District Six. - Cape Argus website

Minerals and Energy

New energy research organisation to be established this year - 14 January
Wheels would soon start moving towards the establishment of the South African National Energy Development Institute (Sanedi), as promulgated by the National Energy Act, which was gazetted in November. "Our immediate objective is to establish when and how Sanedi will be operationalised this year, because we have decisions to make as to how this entity will be funded, and where it is going to be located", said South African National Energy Research Institute (Saneri) CEO Kadri Nassiep, in an interview. - Creamer Media's Engineering News website

Municipal Management and Procedure

Cape Town

Cape Town reviews animal by-law - 10 January
Restrictions on the number of pets allowed to be kept on a property are likely to be relaxed in the second draft of Cape Town's controversial animal bylaw. The second draft is expected to be released for public comment in March. Initially the limitation had set out two dogs per flat and three per house, but this could be increased to three or four per flat and four or five per house, or even more, following an unprecedented public outcry. - IOL website

East London

Court row looms over trade hours - 13 January
East London pub, nightclub and restaurant owners are pooling their resources to take on Buffalo City Municipality to force the permanent scrapping of a booze bylaw which severely restricts their general business trading hours. - Dispatch Online website

National Prosecuting Authority

Parties slam review of law on NPA - 15 January
Opposition parties have reacted furiously to the ANC's move to review legislation dealing with the role, functions and position of the National Director of Public Prosecutions (NDPP), warning they will fight any attempt to interfere with the independence of this office. This comes as an ad hoc parliamentary committee on began deliberations on President Kgalema Motlanthe's controversial decision to fire the suspended prosecutions boss Vusi Pikoli. The ANC's parliamentary caucus announced on Tuesday its lawyers were comparing notes on court judgments involving the National Prosecuting Authority (NPA) to see if there was anything parliament could do to "fix the problems" at the prosecuting service. - IOL website

See also :
Shifting South Africa's legal goalposts above

Committee on Pikoli dismissal to meet - 12 January
President Kgalema Motlanthe's decision to sack the Director of Public Prosecutions, Vusi Pikoli, has been referred to Parliament for a final verdict and will be tabled today. -The Times website

Committee on Pikoli not yet constituted - 12 January
A special parliamentary committee to study President Kgalema Motlanthe's decision to fire Vusi Pikoli as National Director of Public Prosecutions has not yet been constituted, Parliament said on Monday. Parliament spokesperson Luzuko Jacobs said the National Assembly was on Monday afternoon setting up the committee. - IOL website

9 January 2009
National Director of Public Prosecutions issue, Parliament’s process to deal with the matter
SA Government Information website

14 January 2009
Joint Ad-Hoc Committee on Pikoli matter agrees on programme
SA Government Information website

14 January 2008
Election of Chairpersons : "Pikoli" Committee
Parliamentary Monitoring Group website

Committee on Pikoli's dismissal to meet - 13 January
The fate of suspended prosecutions head Vusi Pikoli is in the hands of parliamentarians such as the controversial sports committee chairperson Butana Komphela, Independent Democrats leader Patricia de Lille and the Democratic Alliance's Tertius Delport. - IOL website

'Mbeki must explain' - 13 January
Opposition party members - on a parliamentary committee to decide the fate of prosecutions chief Vusi Pikoli - want him reinstated, his integrity defended, and want former president Thabo Mbeki and former justice minister Brigitte Mabandla to explain their actions. - IOL website

Pikoli set to plead for reinstatement - 15 January
Suspended prosecutions boss Vusi Pikoli will appear before MPs on Tuesday to appeal for his reinstatement and to challenge President Kgalema Motlanthe's decision to fire him. - IOL website

Parliament

National Assembly receives report on Parly performance - 15 January
The Independent Panel Assessment of Parliament Report has recommended that Parliament reopen the debate on the Strategic Defence Procurement Package. The report, a culmination of recommendations made following a panel assessment of Parliament's performance, was received in Parliament by National Assembly Speaker Gwen Mahlangu-Nkabinde on Tuesday. Among the recommendations included in the report, the panel suggested that Parliament learn from the arms deal or Strategic Defence Procurement investigations and reopen a debate on the matter. - BuaNews Online website

Report online at http://www.polity.org.za/attachment.php?aa_id=18622

Parliamentary proposals 'don't go far enough' - 14 January
Proposals by an independent review panel for reforms to restore the credibility of Parliament, while giving it a stronger hand in law-making and oversight of the government, don't go far enough, says panel member and South African Institute of Race Relations chief John Kane-Berman, who declined to sign the panel's final consensus report. - Mail & Guardian website

Politics

Text of the ANC's 2009 election manifesto - 10 January
Politicsweb website

ANC manifesto : South Africa first - 12 January
While the document confirms that the party will seek to further develop South Africa’s ties and cooperation with the people of this continent and internationally, the main thrust of it is to ensure the upliftment of the people back home; less of an African Renaissance and more of a South African one. - Michael Trapido on the Thought Leader blog

Taxation Law

Been to court lately? - 16 January
The tax deductibility of legal expenses. Our Income Tax Act is not, in general, conspicuously generous toward taxpayers where the tax-deductibility of expenditure is concerned. One exception is the statutory provision for the deductibility of legal expenses, namely section 11(c) which states that, in determining the amount of taxable income from carrying on a trade, a taxpayer is allowed to deduct - "any legal expenses . . . actually incurred by the taxpayer during the year of assessment in respect of any claim, dispute or action at law arising in the course of or by reason of the ordinary operations undertaken by him in the carrying on of his trade [other than expenditure of a capital nature]". - moneywebtax website

Tips for getting rental deductions and staying on the right side of Sars - 15 January
Moneyweb website

Property tax : SA vs the world - 14 January
Moneyweb website

Transport and Roads

Lawyer moves to stop bridge traps - 11 January
A David-and-Goliath legal battle has erupted over speed trapping after a Durban magistrate found that bridge-mounted speed traps were unlawful, with the matter heading for the high court. Durban attorney Theyagaraj Chetty has sent a letter to the Directorate of Public Prosecutions, KwaZulu-Natal department of transport and municipal police departments, demanding they stop bridge-mounted speed traps and refund motorists who have been fined as a result of these traps within seven days, or have a high court class action brought against them.  - IOL website

Miscellaneous

Schabir Shaik could be a free man soon - 10 January
The Saturday Star reported that it appeared that Section 276A in the Criminal Procedure Act could see Shaik released within months. This section in the act formed part of a ruling in the landmark 2007 Supreme Court of Appeal case of David Ashley Price against the Minister of Correctional Services Ngconde Balfour. - Times website

VIP unit accused of attempted murder - 15 January
The man injured by a member of President Kgalema Motlanthe's VIP protection unit has laid complaints of attempted murder against the police officer who allegedly shot him. He is also set to launch a civil claim against Safety and Security Minister Nathi Mthethwa. - IOL website

Prosecutor : new information came to light - 14 January
The Benoni chief prosecutor is to decide the fate of the motorist who allegedly drove too close to President Kgalema Motlanthe's motorcade. The incident, at the Atlas Road offramp on the N12 highway two weeks ago, caused a furore after it emerged that the VIP Protection Unit apparently used excessive force at the scene. On Tuesday, the man at the centre of the drama, Chase William van der Walt, 23, appeared briefly in the Benoni magistrate's court on charges of reckless and negligent driving. No evidence was led, as the prosecutor said new information had been added to the docket. - IOL website

'Passenger' in blue-light case - 12 January
Chace van der Walt's lawyer Hugo van der Westhuizen, said Van der Walt, who was driving a red Golf GTI, had been travelling with his mother at the time, who was in the front passenger seat. He also alleged that his client was shot at, and that there was no "warning shot" as police have claimed. - Times website

Ask Tim, Presidency says - 12 January
The Presidency has refused to comment on a complaint about political interference, which it reportedly received from acting Police Commissioner Tim Williams. These allegations first surfaced when Safety and Security Minister Nathi Mthethwa ordered Williams to withdraw VIP protection for Congress of the People leader Mousiua Lekota, despite a risk analysis indicating that there was a threat to his life. The allegations surfaced shortly after Mthethwa revealed that he had asked Motlanthe to appoint a new permanent national police commissioner. - iafrica website

'We haven't interfered' - 12 January
Safety and Security Minister Nathi Mthethwa and his deputy Susan Shabangu have rejected claims that they interfered in acting Police Commissioner Tim Williams job. - iafrica website

Durban, London cops fight crime together - 13 January
A large amount of British currency has been on Monday recovered in Durban, from inside a vehicle that is suspected of being involved in a number of cash-in-transit heists in London. The vehicle was shipped out of London on a container ship last week and docked in Durban this weekend. Police spokesperson Superintendent Henry Budhram confirmed that through the assistance of specialised units within the SAPS, the container carrying the vehicle was confiscated and impounded. Budhram said the confiscation of the vehicle and the discovery of the money forms part of an investigation between the Pietermaritzburg organised crime unit and the British police. - IOL website

Container's contents link to dodgy dealings - 15 January
Hundreds of thousands in sterling and other evidence seized in a dramatic raid on a container at Durban harbour and believed to be destined for cash-strapped Zimbabwe has been returned to British police. The money, estimated at ?300 000 (R4,4-million), is believed to have been stolen in several cash-in-transit heists in London last year. - IOL website

New soil map for African farmers - 13 January
The first detailed digital soil map of sub-Saharan Africa is to be created. The £12.3m ($18m) project will offer farmers in 42 countries a "soil health diagnosis" and advice on crop yields. Scientists from the International Center for Tropical Agriculture (CIAT) will take soil samples from across the continent and analyse nutrient levels. These will be combined with satellite data to build a high-resolution map, to be disseminated freely to poor farmers by local extension workers. - BBC News website

Botswana

False advise to prisoners worries judge - 12 January
Court of Appeal president, Justice Patric Tebbutt has expressed concern about a 'legal advisor' in prison who gives applicants false hope of success in their appeals. He said, although any convicted person has the right to bring applications for leave to appeal, "it would appear from the large numbers now being brought and the substance of most of them, and that there is obvious encouragement from some 'advisor' in prison". He said despite appearing in person, most of the applicants did not speak English nor understood the legal phrases they quoted. Justice Tebbutt said such an 'advisor' should be discouraged from continuing to pursue his legal practice in the confines of prison. - Republic of Botswana website

Zimbabwe

Opponents of Mugabe tell court of torture - 15 January
Jestina Mukoko, a well-known human rights campaigner in Zimbabwe, is among more than a dozen activists who say they were tortured to obtain false confessions after they were abducted and detained for weeks in secret locations by agents of President Robert Mugabe's government. They are now imprisoned in Harare, Zimbabwe's capital, accused of crimes related to acts of sabotage and terrorism against the government. Ms Mukoko wept on the stand on Thursday in a Harare courtroom as she recounted her ordeal. - New York Times website

Rights activist is 'threat to society' - 14 January
A top Zimbabwean human rights activist facing charges of recruiting people for insurgency training and terrorist bombings is a "threat to society" and must remain in custody, the country's attorney general said. The activist, Zimbabwe Peace Project director Jestina Mukoko, is behind bars with eight other activists, mainly from the opposition party Movement for Democratic Change. They have been jailed on remand for allegedly recruiting people for banditry training in Botswana. - CNN website

Australia

Man jailed for trying to spread HIV - 16 January
An HIV-positive Australian man who deliberately tried to infect unsuspecting gay partners with the virus was jailed for more than 18 years on Friday. Michael Neal was found guilty by a county court jury in Melbourne on 15 counts, including two of rape and eight of trying to infect another person with HIV, the national AAP news agency reported. - IOL website

Environment

Balance elusive in EU pesticide debate - 13 January
One particular bug-bear is the change in the legislation from an assessment of risk to one of hazard - in other words, if there is any threat to health whatsoever, a pesticide will be banned. - BBC News website

Emigration and Immigration

Citizenship test plans published - 15 January
Immigrants who want to become British will need to pass more tests to prove their worth under citizenship plans. The Home Office bill will make foreign nationals go through a period of probation, including learning English. Foreign nationals waiting to become British will not be eligible for some benefits and will face a wait of up to 10 years to become citizens. - BBC News website

Foreign Affairs

Warning over new US travel rules - 11 January
The Foreign Office is warning that thousands of tourists could be turned away at US airports and ports, as a new online entry system comes into effect. From 12 January, visitors from countries which do not need visas will need to fill in an electronic form at least 72 hours before they travel. The new online registration scheme replaces the green I-94 forms that people on short term visits to the US had to fill in on the flight and hand to customs on arrival. - BBC News website

Peru

Peru court backs drunken worker - 16 January
Peru's highest court has ruled that employees cannot be fired for turning up to work drunk. The Peruvian government has criticised the constitutional tribunal's ruling as setting a dangerous legal precedent. According to the judgement, sacking a worker because he is drunk is disproportionate and unreasonable. - BBC News website

Google search finds missing child - 9 January
A nine-year-old girl, allegedly kidnapped by her grandmother, has been found using a mobile phone signal and Google Street View. Officers used GPS in the girl's mobile phone to find her approximate location. They fed the co-ordinates into Google Street View, pinpointing a hotel where the child was subsequently found. - BBC News website

Ten things to watch in 2009 - 12 January
Foxy leaders always keen a mental list of possible breaking futures as they enter the New Year. These are the big picture uncertainties that may have a direct impact on the fortunes of their organisations if they actually become breaking news. Our list for 2009 . . . - Article by Clem Sunter on the News24 website

Qualifications and Experience

Diploma Iuris (UNISA ; 1982)

Senior Paralegal Diploma including Criminal Law and Procedure, Debt Collecting, Civil Litigation, Wills and Estates, Property Law and Conveyancing, Business Law (South African School of Paralegal Studies ; 2008). All modules passed with distinction

Department of Justice College (1980-1982 ; ongoing in-service training)

Fluent in English and Afrikaans

Employed by Department of Justice from April 1979 to July 1999, final position as State Prosecutor

Currently self-employed as Consultant to people who require guidance and assistance in dealing with complexities of criminal cases

Contact

Telephone : 031-312 2600
Cell : 078-111 9949

Qualifications and Experience

Real Estate Course including Property Valuation, Property Marketing, Property Practice, Principles of Property Law, Law on Property Valuation (University of Johannesburg ; 2004)

Registered with SACPVP as a Candidate Valuer Ref no.7038/6

Sound knowledge of MS Office Applications, Excel, Internet explorer, GIS, Word and Windeed

English and Sepedi

Contact

Cell : 082-517 7888 / 073-539 1468
Email : Rebzz@webmail.co.za

Qualifications

LLB (University of Johannesburg ; 2008)

Contact

c/o Morris
Telephone : 011-705 2429
Fax : 011-465 3605
Email : morris@legalinfo.co.za