GN 83/GG 31856/30-01-2009 **

South African Police Service Amendment Act 57 of 2008

GN 84/GG 31857/30-01-2009 **

Commencement of Part 108 of the Civil Aviation Regulations, 1997 : 1 July 2009
GN 70/GG 31829/30-01-2009 **

Electricity Regulation Act 4 of 2006

Electricity Regulation
GN 79/GG 31849/30-01-2009 **

Transport Appeal Tribunal Act 39 of 1998

Amendment of the Transport Appeal Tribunal Regulations, 2009
GN 94/GG 31844/06-02-2009 **

Declaration of areas as astronomy advantage areas
GN 82/GG 31855/05-02-2009 **

For written comment

Notice of intentions to declare areas in terms of the Act to be astronomy advantage areas
GenN 115/GG 31855/05-02-2009 **

Notice of intention to make regulations regarding the astronomy advantage areas
GenN 116/GG 31855/05-02-2009 **

Notice of intention to make regulations regarding the Karoo radio astronomy advantage area for the MeerKAT radio telescope
GenN 117/GG 31855/05-02-2009 **

Notice of intention to make regulations regarding the Karoo radio astronomy advantage area for Square Kilometre Array radio gelescope
GenN 118/GG 31855/05-02-2009 **

Notice to make regulations regarding the management authority assigned to the astronomy advantage areas
GenN 119/GG 31855/05-02-2009 **

Auditing Profession Act 26 of 2005

Independent Regulatory Board for Auditors (IRBA) : subpoena : prescribed form for a subpoena
BN 15/GG 31843/06-02-2009 **

Construction Industry Development Board Act 38 of 2000

Construction Industry Development Board

Amendments to the standard for uniformity in construction procurement
BN 11/GG 31823/30-01-2009 **

Notice in terms of Regulation 29
BN 13/GG 31830/03-02-2009 **

Standard for uniformity in construction procurement
BN 12/GG 31823/30-01-2009 **

Draft Policy on Waste Incineration and the Co-processing of Waste as Alternative Fuels or Raw Materials in Cement Production

GenN 105/GG 31831/30-01-2009 **

Electronic Communications and Transactions Act

Public notice : deletion of dormant/unsustainable .za domains
GenN 133/GG 31843/06-02-2009 **

Health Professions Act 56 of 1974

Ethical Rules of Conduct for Practitioners
GN 68/GG 31825/02-02-2009 **

Higher Education Act 101 of 1997

Call for nominations of members for the Council on Higher Education
GN 81/GG 31853/30-01-2009 **

National Ports Authority

Notice for extension of existing tenure : invitation for public comments : intention to extend tenure of lease of land in the Port of Durban
GenN 122/GG 31843/06-02-2009 **

Pension Funds Act 24 of 1956

Amendment of prescribed fees
GN 73/GG 31837/04-02-2009 **

Regulatory Reporting Requirements for Retirement Funds
BN 14/GG 31838/04-02-2009 **

Postal Services Act 124 of 1998

Fees and charges for postal services
GenN 109/GG 31842/30-01-2009 **

Protection of Informal Land Rights Act 31 of 1996

Extension of the application of the provisions of the Act : 31 December 2009
GN 98/GG 31843/06-02-2009 **

Public Finance Management Act

Statement of the National and Provincial Governments Revenue, Expenditure and National Borrowing as at 31 December 2008
GN 77/GG 31840/30-01-2009 **

South African Qualifications Authority

National Standards Bodies Regulations

Standards Generating Body (SGB) for Assessor Standards
GN 66/GG 31820/30-01-2009 **

Standards Generating Body (SGB) for Building Construction registered  by Organising Field 12 (Physical Planning and Construction)
GN 76/GG 31839/06-02-2009 **

Standards Generating Body (SGB) for Christian Theology and Ministry registered by Organising Field 07 (Human and Social Studies)
GN 75/GG 31839/06-02-2009 **

Standards Generating Body (SGB) for Primary Agriculture
GN 65/GG 31820/30-01-2009 **

Task Team for Animal Protection Standards
GN 62/GG 31820/30-01-2009 **

Task Team for Radiography and Clinical Technology
GN 64/GG 31820/30-01-2009 **
GN 74/GG 31839/06-02-2009 **

South African Schools Act 84 of 1996

National Norms and Standards for School Funding (NNSSF)
GN 78/GG 31848/30-01-2009 **

All items (Base 2000 = 100)
GenN 125/GG 31843/06-02-2009 **

**	Source : Sabinet
***	Source : Polity

Moral images of freedom : a future for critical theory
Drucilla Cornell
SALJ - 2008, v.125(2), p.452

4 March 2009 (to be heard)
CCT 03/09
Richter v Minister of Home Affairs and Others

Court chooses date for expat voting matter - 11 February
The Freedom Front Plus will face the government next month in the Constitutional Court, which it hopes will uphold a High Court ruling that overseas voters can cast their ballots in the upcoming election. In court papers, the Constitutional Court set down the matter for hearing on March 4 and if necessary on March 6. - IOL website
A copy of the Constitutional Court media release is available by email from mary@lawsoc.co.za

See also :
Transvaal Provincial Division below

Concourt orders Winikhaya to close shop - 3 February
The Winikhaya competition has been forced to shut down by South Africa's highest court, putting at least one of the children's charities it supports in immediate danger of closing. The South African Children's Charity Trust (SACCT) announced that following the Constitutional Court's dismissal of its legal challenge against the National Lotteries Board, its Winikhaya Dream Home Competition had been "put on hold until further notice". - IOL website

Zuma Case

ConCourt rejects Zuma's e-filing - 3 February
The Constitutional Court rejected the electronic filing of Jacob Zuma’s latest court appeal and is still waiting for a hard copy version, a court official said today. The ANC president's Durban-based attorney missed the 3.30pm deadline for filing the papers in Johannesburg on Monday, but subsequently sent copies by electronic mail. "We only received papers by e-mail, but e-mail doesn’t count. We want hard copies. So the application is not before the judges", the official explained. The court rules stipulate that 25 hard copies plus one electronic copy must be filed. - The Times website

NPA appeals ruling on state prosecutors - 5 February
The National Prosecuting Authority (NPA) has lodged an appeal against a Pretoria High Court judgment regarding state prosecutors which could affect at least 45 high-profile, white collar cases worth billions of rands. Among the cases likely to be affected, according to documents sent to the Supreme Court of Appeal in December by acting NPA head Mokotedi Mpshe, are those against former Nedbank Investment Bank GM Peter Ghavalas, who was allegedly behind a scheme to plunder R213m from pension fund surpluses ; Dave King, who is facing SA's biggest tax claim of R2,3bn ; and Tigon CEO Gary Porritt and director Sue Bennett who have been accused of expropriating R150m. Pretoria High Court Judge Ben du Plessis ruled last February that it was unconstitutional for the NPA to use advocates in private practice as prosecutors. - Business Day website

See :
Transvaal Provincial Division
1 February 2008
17709/2006 [2008] ZAGPHC 28
Bonugli and Another v Deputy National Director of Public Prosecutions and Others

Quadriplegic takes Engen to court - 12 February
Engen is involved in an ugly legal battle with a quadriplegic employee, who has taken it to court over its alleged shoddy treatment of disabled staff. But the petroleum company - which was investigated by the Human Rights Commission over its treatment of employee Rene Moses - insists there is "no merit" to Moses's Labour Court claims. At the heart of the almost four-year dispute between Moses and her Engen bosses is the toilet for the disabled at the company's call centre. - IOL website

Braamfontein

13 January 2009
JR3217/06 [2009] ZALC 4
Sondolo IT (Pty) Ltd v Howes and Others

6 January 2009
J1226/08 [2009] ZALC 2
Chemical, Energy, Paper, Printing, Wood and Allied Workers Union and Another v LE – Sel Research (Pty) Ltd

Johannesburg

7 January 2009
JS69/07 [2009] ZALC 3
King v Doughlasdale Dairy (Pty) Ltd

Port Elizabeth

13 January 2009
P504/07 [2009] ZALC 5
Member of the Executive Council for the Department of Health, Eastern Cape v Odendaal and Others

Singer back in court - 13 February
Afrikaans singer Jurie Els's defamation battle with two magazines in the Media24 stable, You and Huisgenoot, has resumed in the Cape High Court, a year after a judge interdicted them from identifying Els in a report about an alleged child molester. After obtaining the interdict and the article appeared, Els applied to the court for You and Huisgenoot's national editor, Esmare Weideman, to be jailed for contempt of court. He also wants the court to fine Media24 and fine or give a suspended sentence to the publications' Gauteng editor, Izelle Venter. In granting the interdict, the court ordered that Els could not be identified in the story, but it did not restrict publication of the name of the person who had sought the interdict. Andrew Breitenbach, SC, for the respondents, said there was no proof his clients acted maliciously. The Witwatersrand, not the Cape, division had the jurisdiction to hear the case, and there was a serious dispute of fact that needed to be thrashed out in court. - IOL website

Taliep Petersen Case

Najwa escapes life sentence - 11 February
Najwa Petersen on Wednesday escaped a sentence of life imprisonment for the murder of her famous musician husband Taliep, but was effectively jailed for 28 years. Life imprisonment comprises 25 years, but the sentenced person gets no remission of sentence and has to serve the entire 25 years. In Petersen's case, although she was given 28 years, she will qualify for parole, and will therefore serve less than 28 years. - IOL website

There is no place for raw vengeance : Desai - 11 February
Calling her conduct "sheer savagery", Judge Siraj Desai on Wednesday sentenced Najwa Petersen to spend 28 years behind bars for masterminding the murder of her music icon husband Taliep Petersen. Two of her co-accused, Abdoer Raasiet Emjedi and Waheed Hassen, were each sentenced in the Cape High Court on Wednesday morning to 24 years for the murder, with Hassen getting an additional one-year prison term for the unlawful possession of a firearm. - IOL website

Petersen faces tough parole battle - 12 February
Najwa Petersen will be 61 when she becomes eligible to be considered for release on parole in 2022. But she may have a difficult time persuading the parole board to release her if Taliep's family lodges an objection, according to Teboho Motseki, the Chief Deputy Commissioner for Correctional Services. She may also encounter a hurdle in persuading the parole board that she has been rehabilitated if she persists in maintaining that she is innocent. - IOL website

11 February 2009
8278/2008 [2009] ZAKZHC 3
Standard Bank of South Africa Limited v Hales and Another

No time for AirTime. Court rules against the South African airline - 13 February
A Durban court ruled against AirTime following objections by 1Time Airlines to the name AirTime being used claiming it infringed their trademark. The judge ruled in favour of 1Time and ruled that AirTime could not use it’s "IflyAirtime " catchphrase/logo, nor could AirTime use the colour red or the word "time" in any of it’s products or services. - Alternative airlines website

Court orders new low-cost 'airline' to change its name - 15 February
Aviation newcomer Airtime Airlines was ordered this week by the Durban High Court to change it's name and corporate colour. Last week national carrier 1time asked the court to order Durban-based company Airtime to refrain from using the word "time" in its name and stop using the colour red in its products and services. - The Times website

30 January 2009
283/08 [2009] ZAECHC 11
Van der Walt v Bosman

29 January 2009
214517 [2009] ZAECHC 8
S v Mbewu

29 January 2009
214452 [2009] ZAECHC 7
S v Tyabule

29 January 2009
805/2008 [2009] ZAECHC 6
Nongauza v Nongauza and Another

29 January 2009
626/08 [2009] ZAECHC 5
Buqwana v Capitec Bank Limited and Another

27 January 2009
CC72/08 [2009] ZAECHC 9
S v Bernard

DJ's family petitions Chief Justice in bid to dodge double life sentence - 11 February
The family of convicted serial killer Heinrich van Rooyen has petitioned Chief Justice Pius Langa in a final bid to dodge his double life imprisonment sentence for the 2005 murders of two young Knysna women. Nightclub disc jockey Van Rooyen was found guilty in the Circuit Court last year by Judge Nathan Erasmus, who refused him leave to appeal on the grounds that there was no possibility that another court might come to another conclusion. His petition for leave to appeal to the Supreme Court of Appeal was similarly dismissed. - Herald Online website

Clifford conspirators to know their fate next month - 10 February
Disgraced investment queen Maureen Clifford and her co-conspirators will finally be sentenced next month, nine years after they defrauded investors out of more than R150-million. The long-awaited sentence, which could see Clifford being jailed for 15 years, will be handed down by Judge Frank Kroon in the Port Elizabeth High Court. - Herald Online website

Lynne Hume Case

What happened to her? - 9 February
When Durbanite Mark Hume arrives at Bloemfontein High Court on Monday, he hopes he will finally get answers to questions that have long haunted him and his family. His wife Lynne failed to keep a business appointment in October 2007. Then the police arrived to check whether Hume owned a Volvo S60 car, which had been found burnt at the side of the road near Kestell in the Free State. It contained a body that was so badly burnt that the gender could not be immediately established. Last January DNA results showed that the body was Lynne. When murder accused, information technology consultant and former pastor Muziwendoda Kunene, goes on trial at Bloemfontein High Court, the details of what happened to Hume will begin to unravel. Kunene also faces charges of kidnapping and fraud. - IOL website

Are you going to kill me? - 10 February
"Are you going to kill me?" Ballito estate agent Lynne Hume asked the armed gang which is alleged to have done just that. She said this at some stage on what was to be her last journey, it has emerged in papers at the Bloemfontein high court, where three men stand accused of her murder and kidnapping. In the dock are former pastor Mzwendoda Kunene, Mumukeleni Khoza and Mphakamiseni Khumalo who have pleaded "not guilty" to the murder and kidnapping of Hume on October 23, 2007. They also face a charge of robbery with aggravating circumstances. They are also charged with fraud relating to R20 000 belonging to the victim, alternatively, theft. Kunene also faces a further charge of fraud relating to a dud cheque for R637 350 for three years' rent of a flat in upmarket Simbiti Golf-Eco Estate at Salt Rock. Prosecutor, advocate Amanda Bester revealed that Kunene's son, Msebenziwenkosi, whom the court papers state was called to Simbiti by his father on October 23 and was with the three accused at the murder scene is to be a witness for the state. The court heard on Monday that Kunene, senior, is facing a charge in another court of attempting to murder his son. Kunene, junior, is now in the witness protection programme. - IOL website

Bizarre twist in Hume case - 11 February
The Ballito estate agent's murder trial took a bizarre twist on Tuesday when the court heard the victim, Lynne Hume, had worked as a spy. Advocate Jan Mkhahle on behalf of the accused, former pastor Mzwendoda Kunene, said Kunene would say he had known the victim since the 1980s and that she had worked undercover getting information for him when he was a member of National Intelligence. - IOL website

Lynne Hume murder : husband tells of baffling SMSes - 10 February
While police were telling him about a charred body found in a burnt-out car near Kestell in the Free State, he received an SMS from his wife's cellphone, Mark Hume told the Free State High Court yesterday. The SMS read : "I can't talk to you now. I am very angry. I made a booking at a spa in Cape Town for a month. I'm using money from my business account. Give me space". When he phoned his wife on October 23 to ask her to come to lunch at home with their daughter, her cellphone rang unanswered. When he later returned a missed call, Kunene answered and said he had missed an appointment with Lynne that afternoon and would make another date. Mark Hume testified that he was astonished by the SMSes that he received from Lynne's cellphone in her absence. That afternoon he still had not managed to contact her by 3 pm, and then the SMSes started arriving. His children asked him if he was having an affair. - The Witness website

Kunene's lover, son to testify - 12 February
Sensational evidence is expected in the Lynne Hume murder trial in the Free State High Court on Thursday, when a girlfriend and the son of accused Muzi Kunene take the stand. It emerged on Wednesday that Noluthando Nazo will probably begin testifying before Judge M H Rampai on Thursday, followed by Msebenzi Kunene. Both are in the witness protection programme. - News24 website

Hume murder case continues - 13 February
When murder accused Mzwendoda Kunene handed two cheques to his girlfriend to deposit, he told her that their owner had been killed, she told the Bloemfontein High Court on Thursday. - IOL website

Judge wants answers to ID book chaos - 15 February
A high court judge has hauled the Department of Home Affairs to court to explain why the roll is so clogged with applications from people who want ID books. Up to 40 almost identical requests are lodged daily in the Pietermaritzburg High Court by desperate South Africans trying to gain official recognition from the state. In court on Friday, Judge Malcolm Wallis said the situation raised constitutional issues. - The Times website

Zuma Case

Will Zuma's lawyers keep media in the dark? - 9 February
African National Congress leader Jacob Zuma's lawyers would submit their representations to the National Prosecuting Authority regarding his case either late on Monday or on Tuesday, Zuma's attorney said. "We have told the NPA, if not late today, definitely tomorrow," said Michael Hulley. Details of the "comprehensive" document would not be released to the media, said Hulley. "It is a confidential document for the benefit of the NPA," he told the South African Press Association. - IOL website

12 February 2009
A1107/06 [2009] ZAGPHC 26
Riddles v Standard Bank of South Africa

"The judgment deals with the delicate issue of default judgments, and the rescission thereof. It illustrates how a default judgment against a debtor should not necessarily be granted if he/she has not filed an "Appearance to Defend" within the requisite 20 day period. The judgment also deals with the issue of prescription". - Note in email from LexisNexis

12 February 2009
44928/07 [2009] ZAGPHC 25
Persons Listed in Schedule 'A' to the Particulars of Claim v Discovery Health (Pty) Ltd and Others

12 February 2009
8642/2004 [2009] ZAGPHC 24
Faynaz Import and Export Enterprises CC v Commissioner of Customs and Excise and Others

6 February 2009
A306/2007 [2009] ZAGPHC 20
S v Tshosane

5 February 2009
5273/2005 [2009] ZAGPHC 19
Law Society of the Northern Provinces v Setshogoe

5 February 2009
21464/2006 [2009] ZAGPHC 18
Mdletshe v Minister of Safety and Security

'It's struck from the roll' - 11 February
An urgent application to interdict President Kgalema Motlanthe from proclaiming the election, was struck off the roll in the Pretoria High Court on Wednesday. The application brought by the Freedom Front Plus, on behalf of expatriate Willem Richter, would not be heard by Judge Aubrey Ledwaba as he deemed it in "contemptuous disregard" of court procedures. - IOL website

Court cases delay SA election - 10 February
The general election might be delayed for weeks by a series of court cases on the voting rights of expatriates. Yesterday's Pretoria High Court ruling, which effectively enfranchised all citizens living outside the country, and a pending court application will almost certainly delay the announcement of the election date and possibly the poll itself. - The Times website

9 February 2009
Court ruling on overseas voting
SA Government Information website

12 February 2009
President Motlanthe signs a proclamation calling and setting a date for the election
SA Government Information website

Motlanthe proclaims April 22 as voting day - 13 February
President Kgalema Motlanthe on Thursday proclaimed April 22 as the date for the national elections, the presidency said. - Mail & Guardian website

Motlanthe proclaims election date - 12 February
The Freedom Front Plus immediately accused the president of showing contempt for the Constitutional Court by proclaiming the poll date before the court has spoken. - Citizen website

Election date may change, warn legal experts - 13 February
The election date could change pending the outcome of a Constitutional Court hearing on citizens voting abroad, analysts said on Friday. University of the Western Cape law professor Pierre de Vos said there are provisions in the Electoral Act for a postponement of the election if the Independent Electoral Commission (IEC) is "not ready" to proceed with the poll. - IOL website

Registering SA voters abroad is no big deal - 14 February
Cheap and a walk in the park - this sums up the view of two former public servants who were intimately involved in the logistics that allowed South Africans living overseas to vote in 1994 and who believe this would also be the case 15 years later. The information is contained in affidavits by Awie van der Westhuizen and Robert Matthee aimed at debunking perceptions that allowing all South Africans overseas to vote would entail "enormous logistical problems" and prove "extremely expensive". - IOL website

See :
9 February 2009
4044/09 [2009] ZAGPHC 21
Richter v Minister of Home Affairs and Others

See also :
Constitutional Court hearing set down for 4 March 2009 above
CCT 03/09

Deal on Selebi evidence deadline - 27 January
The police have until February 17 to comply with subpoenas instructing them to hand evidence to the Scorpions for their prosecution of suspended police chief Jackie Selebi, the NPA said today. - The Times website

Scorpions pressure top police - 28 January
The Scorpions went to court yesterday to compel police top brass to surrender evidence they believe will bolster their case against suspended national police commissioner Jackie Selebi. - The Times website

No let-up in NPA pressure on Selebi - 28 January
Thank you, but it's not good enough. This message, from the Scorpions to the police, was behind an agreement to postpone a court hearing into the legal battle for evidence needed for the prosecution of National Police Commissioner Jackie Selebi. - IOL website

Scorpions to fight over Selebi subpoenas - 4 February
The Scorpions will fight an attempt by the police to set aside the subpoenas at the centre of a battle for evidence needed in the corruption trial of national Police Commissioner Jackie Selebi, says a Cape Argus report. - Legalbrief website

Angry Selebi fights back - 10 February
Jackie Selebi believes his prosecutors are deliberately manipulating the evidence against him - and he has gone to court to stop them. The police boss has launched an urgent application in the Pretoria High Court, demanding the state hand over copies of evidence and dozens of documents related to its corruption case against him. - IOL website

Selebi seeks handover of documents - 11 February
Suspended police commissioner Jackie Selebi alleges that his corruption case is a campaign mounted against him in order to prevent the Scorpions' merger with the police. In the 101-page document filed at the Johannesburg High Court earlier in the week - to which the National Prosecuting Authority (NPA) is expected to lodge a reply on Thursday - he alleges that the investigative unit was "strongly opposed" to their disbanding and the phasing in to the police. - IOL website

6 February 2009
08/00146 [2009] ZAGPHC 22
Standard Bank of SA Ltd v Panayiotts

16 September 2008
2008/18386 [2008] ZAGPHC 413
Mpofu v South African Broadcasting Corp Limited (SABC) and Others
Appeal against suspension of Dali Mpofu as Group Chief Executive Officer by SABC Board

Lucky Dube Case

Dube trio lose round one - 12 February
The three accused in the Lucky Dube murder trial have lost their bid to have the evidence from their identity parade ruled inadmissible. However, Johannesburg High Court Judge Seun Moshidi will review the matter throughout the trial, and give a final ruling at the end. - IOL website

Bellville

How cops bust airport syndicate - 10 February
A police sting operation has led to the arrest of four men who allegedly bribed a policeman to ensure that two foreigners were allowed onto an international flight while using fraudulent documents. Four Somalians, believed to be involved in an international crime syndicate and arrested at Cape Town International Airport last week, appeared in the Belville Magistrate's Court on Monday. Two suspects caught with fake British passports were remanded in custody because they were considered a flight risk. - IOL website

Durbanville attorney in court - 9 February
A Durbanville attorney who is being investigated by the police's commercial crimes unit and the Cape Law Society for allegedly stealing millions of rand from clients made his first appearance on theft and fraud charges in the Bellville Magistrate's Court on Friday. Charles Miskey, 36, the director of the recently liquidated law firm Miskey Incorporated, was released on R95 000 bail, R5 000 of which was paid in cash. The balance was guaranteed in writing by his brother-in-law. The case was postponed to February 25, 2009 for further investigation. The Cape High Court has also appointed an inquiry into his financial affairs. The inquiry has been postponed indefinitely. Miskey's High Court application to have his name scrapped from the roll of attorneys is being considered by the court. - IOL website

Camperdown

Blue light case postponed - 13 February
The attempted murder case against "blue light" VIP escort Constable Hlanganani Khumalo was postponed to Monday by the Camperdown Magistrate's Court. Khumalo, 31, allegedly shot at the tyre of a motorist, causing a head-on collision that injured eight people on the N3 near Camperdown in KwaZulu-Natal on November 15, 2008. He appeared briefly before magistrate Thys Taljaard on Friday. - The Star website

Durban

Magistrate case : accused dies in prison - 11 February
A man accused of allegedly intimidating a Durban magistrate has died in Westville Prison, court officials said on Wednesday. Christopher Sikhosana and Michael Ndlovu were charged with defeating the ends of justice and were due to appear in the Durban Magistrate's Court again on Wednesday. A week before judgment in a Pinetown case involving Ndlovu, Sikhosana allegedly confronted Magistrate Thambo Nkosi in his Kloof home on October 11 last year. - IOL website

George

Victim's family to be consulted on plea bargain - 13 February
The family of a young woman who was stabbed to death in a senseless attack in George last year will be consulted on whether to accept a plea bargain arrangement for the accused. Emotions ran high yesterday when the case against former club rugby player Vernon de Koker, accused of murdering Marisa Coetzee, 20, in July last year, was postponed in the George magistrate‘s court. - Herald Online website

Johannesburg

Callie case withdrawn - 13 February
Culpable homicide charges against the driver involved in a car crash in which Isidingo actress Ashley Callie was killed, were withdrawn by the Johannesburg Magistrate's Court on Friday. Nico Pretorius, 21, was charged with culpable homicide and reckless driving, following the death of Callie after she sustained head injuries during the crash in northern Johannesburg on February 8 last year. - IOL website

Msinga

Rural court set to make history - 11 February
History will be made in the remote area of Msinga on Wednesday when court proceedings in a trial will be conducted entirely in isiZulu. The magistrate's court there has been selected as the pilot site for a justice department initiative to promote the use of indigenous languages in court. - IOL website

Randburg

Assistant police commissioner in court - 22 January
Assistant police commissioner Mulangi Mphego appeared briefly in the Randburg Magistrate's Court this morning, on charges of defeating or obstructing the administration of justice. Mphego is accused of "unlawfully and intentionally" consulting with state witnesses who were going to testify against embattled police commissioner, Jackie Selebi. His case was postponed to March. - The Times website

ASA rules in favour of Koo in baked bean clash - 12 February
The Advertising Standards Authority (ASA) of South Africa has ordered Emirates Industries to withdraw the packaging of its Mister Bean Baked Beans product. This follows its finding that the packaging contravened two ASA Code clauses – it exploited the advertising goodwill of Tiger Brands' Koo Baked Beans and imitated the product’s packaging. - Supermarket website

Statements and Speeches

11 February 2009
Budget Speech

Manuel to walk a tightrope - 10 February
Finance Minister Trevor Manuel is more likely to dish out raincoats or life buoys to MPs on Wednesday than the trees and fruit he previously presented to symbolise the growth that his austere macro-economic system had yielded. He will be under more political pressure than ever before - to provide money for the ANC's new pro-poor promises that amount to increased spending to create jobs, to build the capacity for a developmental state and to throw the social net wider. This comes on top of the pressures of the global economic meltdown, which has cost over a million jobs worldwide and severely curtailed Manuel's carefully laid growth plans. - IOL website

11 February 2009
Budget 2009 : comment from Treasury. Lesetja Kganyago – director-general, National Treasury
Moneyweb website

11 February 2009
Budget 2009 and tax changes : Muneer Hassan : project director, tax, SAICA
Moneyweb website

11 February 2009
2009 Budget in a nutshell
Moneyweb website

Highlights of the 2009 budget - 11 February
Business Report website

11 February 2009
2009 income tax changes : how they affect you
Moneyweb website

12 February 2009
Deloitte reaction to Budget 2009
Moneyweb website

The new South African deal - 11 February
Expanded public works, a focus on labour-intensive employment and sharp increases in funding for social welfare are some of the highlights of this year's National Budget as government looks for ways to spend itself "sustainably" through the current global crisis. Treasury makes no bones of the severity of the current crisis facing the world, which Finance Minister Trevor Manuel says could become the second Great Depression, calling the coming period "the most challenging yet faced by South Africa's democracy". - Moneyweb website

R13-billion tax relief for individuals - 11 February
Proposed adjustment to the personal income tax schedules will provide relief of R13,6-billion to individual taxpayers, Manuel announced on Wednesday. Tabling his 2009 Budget in the National Assembly, he said this would compensate fully for the effects of inflation and provide further relief mainly to lower and middle-income earners. - Mail & Guardian website

11 February 2009
R5.4bil allocated to beefing up criminal justice system
BuaNews Online website

Road accident fund in "precarious position" - 11 February
Treasury has again highlighted the disastrous position of the Road Accident Fund (RAF). In this year's Budget it said the fund "remains in a precarious financial position, with a significant actuarial liability and about 297 000 cases still unprocessed". As a result, it has announced a 38% increase in the RAF levy from 46,5c to 64c. - Moneyweb website

Attorneys welcome increase in Road Accident Fund contributions - 12 February
The Johannesburg Attorneys Association (JAA) has welcomed the 17.5c increase in Road Accident Fund (RAF) contributions, per litre of petrol sold. The Association's Michael de Broglio says that the increase should contribute significantly to the claimed deficit that has allegedly kept the fund in the red for several years. - Moneyweb website

11 February 2009
Manuel budgets R932mil for HIV and AIDS grant
BuaNews Online website

Child support grant could extend to 18-year-olds - 11 February
The child support grant could soon be extended to children up to the age of 18 after the emergence of "compelling new evidence", Manuel said on Wednesday. The monthly grant, raised in the 2009 budget to R240, was extended to children up to the age of 15 in January, but Manuel said the department was considering increasing the age after receiving evidence that the programme was significantly contributing to a reduction in child poverty. - Mail & Guardian website

Media Releases relating to the Child Support Grant announcement

ACESS

ACESS is shocked and surprised by the failure of the Minister of Finance Trevor  Manuel to announce the beginning of the roll-out of the extension of the Child Support Grant to 18.

"There is wide support for immediate roll-out of the grant from  almost all political parties. There is a strong consensus that it is not only a right thing to do but also a necessity in light of the current recession. Poor families  have been devastated by high food prices and job losses and direct cash support would not only help them but also stimulate the economy" said Patricia Martin, ACESS director.

A one year roll-out  for children to age of 16 would cost the state 1.9billion, and it would reach 700 000 poor children who are at the moment not getting any kind of direct cash support from the state.

"We are particularly surprised in the light of the President's announcement last week of the state's support of a progressive roll out of the child support grant to 18. The ANC has also committed itself to the roll out, and confirmed in a meeting with us recently that the roll out would begin this year. The Minister is clearly taking a position on this which is out of line with most people's thinking on the issue".

For more information call :
Alison Tilley 083-258 2209
Bukelwa Voko 082-945 8504

---

Black Sash media statement - 11 February 2009

In the Black Sash we are keenly aware of the global economic crisis, and respect the fact that the Finance Minister Trevor Manual has had to perform a balancing act to manage competing interests and needs.

In fact, the Black Sash believes that this Budget is arguably the most important in the history of our democracy, in that it shows how we as a society deal with one another at a time of crisis.  In this light we commend the Minister's rhetoric, which states that his first guiding principle has been the protection of the poor.

We are concerned however, that this principle has not been carried through in several vital respects.

The Child Support Grant

We find it unacceptable that the Minister has not committed funding to extend the Child Support Grant to the age of 18 - reneging on the promise made by the President in his State of the Nation address just last week.

This, despite the fact that he says there is "compelling evidence that the child support grant has contributed significantly to reducing child poverty.” Indeed, civil society has presented much such evidence over the past few years that social grants remain the single most effective intervention into poverty.

We do not understand why the Minister is only giving the extension of the Child Support Grant "consideration" at a time when a commitment is what is urgently needed by the nearly two-and-a-half million of children who fall through the security net just as they enter the vulnerable years of their adolescence.

A mother in a village in the North West dared last year to take the Minister of Finance to court where she called for the extension of the Child Support Grant for all poor children under 18 years. In the absence of the Minister of Finance committing to an extension, the Black Sash calls on the Pretoria High Court to safeguard poor children's constitutional rights to equality and social security.

Grant increases

The 5.5% increase for old age pensions and the 4.5% increase in the child support grant are substantially below the current inflation of 10.3% (CPIX December 2008).  Worse than this, it can never provide for the increased pressures on households that the global economic crisis will bring.

One in three South African households eke out their survival without a worker in the home. With a conservative estimate of unemployment at 23.2% (more like 40% when ‘discouraged’ workers are included) this leaves millions of able-bodied adults dependent on the grant money brought into the home by their most vulnerable members (the children and the aged).

Unemployment

The Minister has quoted Ben Okri - "But if we refuse to face any of our awkward and deepest truths, then sooner or later, we are going to have to become deaf and blind". Have we, as a society, become so used to extraordinary levels of unemployment that we no longer hear or see it as the appalling affront to human rights that it represents?

The Black Sash is deeply concerned that no new provision has been made to protect workers who are being retrenched in the face of the global financial crisis.

Communities, already mired in poverty, cannot afford for one more person to lose their job. And yet, we know that however creatively government and business attempts to deal with this problem, there will be job losses.

We are disappointed that the Minister has not announced any convincing plan to protect these families.

▪ He has not provided income support for the unemployed ;

▪ He has not concretised the President's commitment to rolling out increased levels of the Social Relief of Distress Grant (SROD). In fact the SROD did not feature in his speech at all.  This, despite the fact that communities are currently experiencing major conflicts as the limited provision for SROD is depleted, demonstrating again the huge gaps in our Social Security provision ;

▪ While we refute claims that the Expanded Public Works Programme's (EPWP's) will create jobs, we acknowledge the potential of such programmes to intervene against poverty.  However, we share the Minister's apparent lack of conviction that they will reach the ambitious targets set.  Desperate people should not have to wait for inefficient bureaucracies to receive urgently needed income support.

4. Social solidarity

We cannot forget that our national crisis of poverty and unemployment pre-dates the global financial crisis.

The Black Sash is concerned that the budget remains "deaf and blind" to the unemployed of our country – the millions who have been told for fourteen years, to wait for growth to trickle down into jobs, have once again been told to wait while we manage the global crisis and a shrinking economy.

There has been a negligible adjustment to the tax regime where we have called for sacrifices by privileged members of our society, who by international comparison, have huge wealth and a very high standard of living.

We are disappointed that the Minister has not challenged South Africans to exercise maximum national solidarity in this time of global crisis, in favour of the poor.

Sarah Nicklin
Black Sash Media Officer
media@blacksash.org.za
073-150 9525

---

11 February 2009

Children's Institute, University of Cape Town

By not extending the Child Support Grant the Minister of Finance has failed poor children and dishonoured the President's promise. The extension to children up to their 15th birthday was announced by him last year in February 2008 and implemented on 1 January 2009 and is therefore not news. The 2009/10 budget includes nothing new on the CSG. This is despite the President's commitment in his State of the Nation Address to progressively extend the CSG to 18.

On 5th February 2009, the Children's Institute welcomed the President's commitment in his State of the Nation Address to extend the Child Support Grant to children under 18 years of age. He said :

"[G]overnment will sustain and expand social expenditure, including progressively extending access to the child support grant to children of 18 years of age . . ." (page 14)

This is the first time the President has announced this commitment, and we expected the Minister of Finance to fulfil this promise by first extending the grant to children up to their 16th birthday this year and then children up to 18 over a two year period.

Last year the President announced in his State of the Nation Address that government was considering how to support vulnerable children aged 14 to 18 but did not commit to an extension of the CSG to 18 years. The Minister of Social Development then promised an extension of the CSG to 18 years in a phased manner in his media briefing in Parliament in February 2008. However in his February 2008 budget speech the Minister of Finance only announced an extension to children up to their 15th birthday and no further. In March 2008 the Minister of Finance opposed a court case for the extension to 18 in the Pretoria High Court (Mahlangu v Ministers of Social Development and Finance). The papers filed on behalf of the Minister of Finance indicate that the Minister of Finance is opposed to any further extensions of the Child Support Grant. He does not argue that the extension is unaffordable, but that extending the CSG is not the appropriate intervention for older children.

In the 2009 Budget speech, the Minister of Finance shows that he has softened in his opposition but is not yet willing to commit any budget :

"Compelling evidence that the phasing-in of the child support grant has contributed significantly to reducing child poverty has emerged in recent research, and so consideration is being given, subject to affordability, to the extension of the child support grant to the age of 18".

We are disappointed that the Minister of Finance has not committed to any further extensions of the Child Support Grant. His budget speech contradicts the President's State of the Nation Address. Why is the Minister of Finance not honouring a pledge to fulfil children's constitutional rights? The Finance Minister's failure to commit to the necessary finances means the President pledge will remain an empty promise. This despite calls from all major children's rights organisations, the SA Human Rights Commission, COSATU, and commitments by the President and the Minister of Social Development. The website of the Minister's own political party, the ANC, states that the Child Support Grant will be extended to children under the age of 18 years in one-year steps starting in 2009.

There are approximately 2,4 million poor children aged 15 to 18 years whose care givers desperately need the small CSG to help them feed, clothe, house and educate their children. These 2, 4 million children will continue to suffer for another three years. If the Minister had followed the President's lead, he should have at least announced an extension to children up to their 16th birthday to start on 1 April 2009. This would have meant that just over 700 000 poor children would have been able to get the grant in 2009 at an estimated cost of only 1,9 billion to the State. The Department of Social Development has done the cost calculations and these show clearly that the extension to 18 years is affordable.

In 2008 approximately 8,1 million children under 14 were receiving the CSG. In January 2009 children under 15 years also became eligible. The grant is valued at R230 (soon to increase to R240 in 2009) and is one of the State's most effective poverty alleviation programmes. Research done in 2006 already shows that children who live in households that receive the CSG are more likely to be in school, and have better access to food and health care.

Research has also shown that there is a link between the income of a family and a child's ability to stay in school. Families with more income are more likely to be able to keep their children in school until the end of grade 12. School drop out rates get worse from the age of 14 years. Increasing the CSG to children aged between 15 and 18 years will therefore have a positive impact on school attendance and help ensure that children finish the education that they need in order to become productive workers in the SA economy. Giving families the income they need to keep their children in school is therefore an investment in the growth of the economy : The money that the State spends on the CSG extension will result in increased return on investment for the country in the long term. It is a short sighted approach to look only at the short time costs.

The 2,4 million poor children affected by the Minister's failure are predominately Black children, who live mainly in impoverished rural communities or informal settlements. Their caregivers are mainly young women who are also the group most affected by the HIV pandemic. Without the financial support of the CSG these children's chances of completing their education is reduced. If the State does not invest in these children now, they will struggle to break free from the bonds of poverty that have denied them equal opportunities since the days of apartheid. For these children, the promise of substantive equality in the Bill of Rights is still not a reality.

Paula Proudlock
083-412 4458

Lucy Jamieson
083-458 9075

State plans to raise the bar on grant recipients - 13 February
The rising number of people receiving social welfare grants was "unsustainable" and the state was considering attaching conditions to the payments, Trevor Manuel, the finance minister, said yesterday. He said that the number of beneficiaries of state pensions and child grants had increased to 13.5-million, which was "exceedingly large". - Business Report website

Budget boosts land reform - 11 February
An additional R1.8-billion is earmarked for rural development and agrarian reform, an the total budget for the next three years for reform and restitution rises to R20.3-billion. - iAfrica website

Property and Budget 2009 : what's good, what's bad - 12 February
Real estate and tax experts size up this week's budget and what it means for property players. - Moneyweb website

Tax clarity for share block property schemes - 12 February
Investors in share block schemes will soon no longer have to figure out whether they must pay transfer duty, Value Added Tax or neither - the government will do it for them. The 2009/2010 tax proposal is for the law to be clarified so that at least one form of indirect tax applies to this special form of interest in underlying real estate. This is just one of several proposals to amend legislation around VAT, it emerged during the presentation of the National Budget 2009 to Parliament. - Moneyweb website

Green buildings to get more tax perks - 11 February
Commercial real estate owners could soon get a tax write-off 115% of the cost of energy-efficient equipment. That is one of several environmentally-friendly tax proposals contained in this year's annual national budget proposals, presented to the South African Parliament on Wednesday. - Moneyweb website

Climate change on the fiscal agenda - 11 February
The 2009 Budget gave heightened priority to environmental fiscal reform, and noted that as mitigating climate change moved higher up the global agenda, South Africa would focus on transforming its environmental profile over the longer term. The 2009 Budget provided R45-million to Working for Energy, a new programme that uses biomass to generate electricity. The programme was expected to create 230 000 person workdays by 2011/12. - Creamer Media's Engineering News website

Retirement Annuity Fund contributions made by an employer - 12 February
Currently, in the event of an employer making retirement annuity fund contributions for the benefit of an employee, the payment is deductible by the employer without any limitation.  In the hands of the employee, the employer's contribution amounts to payment of salary to the individual, which is fully taxable.  No deduction is available to employees. In terms of the Budget Speech delivered by the Minister of Finance, Trevor Manual, it is proposed that these contributions should be deductible by an employee, subject to existing limits. This would place it on par with other retirement annuity fund contributions made directly by employees. - Moneyweb website

Old Mutual comments on the possible phasing out of provident funds - 12 February
The 2009 Budget Review reinforced the government's intention to ensure retirement fund members secure an adequate income in their old age. As part of the speech, the Minister commented that o ne option would be to phase out provident funds as a prelude to broader social security reforms. - Moneyweb website

Caps increased on medical aid deductions - 11 February
From March 2009, you will be able to deduct 10% higher medical aid expenses from your income tax. This hardly keeps pace with the pace of medical aid price increases. Currently, you are allowed to deduct a maximum of R570 per month from your income tax for the first two beneficiaries. However, this will increase to R625 from March 2009. For each additional beneficiary, the tax-deductible limit will increase from R345 to R380. - Moneyweb website

Travel allowances system to be scrapped - 11 February
Treasury has proposed that the current system of travel allowances be scrapped by 2011. More than 500 000 taxpayers claim travel expenses for business every year. Treasury says that the current system of "deemed business kilometres" distorts household purchasing decisions because the deductions do not always match actual business expenses. It says the "deemed business kilometres" system is "one of the few remaining salary structuring methods to reduce tax liability". - Moneywebtax website

Customs amendments - 12 February
Moneyweb website

Motor industry welcomes Manuel's R870m boost - 11 February
Finance minister Trevor Manuel outlined in his budget speech on Wednesday a multimillion-rand plan to assist the country's struggling motor industry. Treasury has allocated R870-million to the motor industry in the form of production subsidies over the next three years under the new automotive production and development plan (APDP), which was announced in September 2008. - Mail & Guardian website

R1,8bn prop for mining sector a 'major relief' - 11 February
Jabu Maphalala of the South African Chamber of Mines on Wednesday told the Mail & Guardian Online that "the R1,8-billion boost", highlighted by Finance Minister Trevor Manuel in his budget speech "is a welcomed and major relief for the mining industry". In his speech the minister said he would defer government's mining royalties regime from this year to 2010, resulting in gross savings of about R1,8-billion for the industry, which could help stem the tide of job losses in the sector. - Mail & Guardian website

Govt spending on arts, culture to decrease - 11 February
Government expenditure in recreation and culture will decrease by more than 18% a year over the next three years. Given this news, it is interesting to note that the arts and culture budget document is kept relatively free from gloomy scenarios in favour of the affirming language of transformation, promotion and support that we're accustomed to. - Mail & Guardian website

We are tired of answering for sins of SAA : treasury - 13 February
Lesetja Kganyago, the director general of the treasury, yesterday bluntly told the parliamentary finance committee that the treasury was tired of answering for the sins of South African Airways. "They must answer for themselves", he said at a meeting yesterday to discuss the budget presented by Trevor Manuel in parliament on Wednesday. - Herald Online website

Centre for Policy Studies comments on the 2009/10 Budget - 13 February
sangonet pulse website

12 February 2009
SA placed 2nd in world for transparent budget
BuaNews Online website

12 February 2009
The dti : SANAS awards certificates to first BEE Verification Agencies

11 February 2009
Govt prioritises crime, corruption, justice system
BuaNews Online website

9 February 2009
Govt committed to modernise, transform justice system
BuaNews Online website

Excerpt :
"Steps are being taken to better equip and increase the capacity of detective services, forensics, prosecution and judicial services. In this regard training is earmarked to commence in earnest this year"

9 February 2009
Statement by Minister of Health Barbara Hogan on sustaining and initiating patients on antiretroviral (ARV) treatment in provinces

8 February 2009
Economic crisis task team report available soon : Motlanthe
BuaNews Online website

6 February 2009
State of the Nation Address of the President of South Africa, Kgalema Motlanthe to the joint sitting of Parliament, Cape Town

Saving jobs to be top priority - 9 February
President Kgalema Motlanthe said that the thrust of his task team - appointed to help South Africa deal with the global economic meltdown - was to save jobs but not to follow the American and British model of bailing out struggling companies. Speaking about the economic crisis, he said the team would also look into the possibility of creating permanent jobs by hiring people to clean and maintain schools, hospitals and other public facilities through the expanded public works programme. But they would not stop saving jobs in other vulnerable sectors, such as clothing and textiles. - IOL website

Motor industry says it needs billions - 9 February
Broadly hinting at support, President Kgalema Motlanthe on Friday reassured the country's stricken sectors, believed to include the motor industry, that the government is prepared to come to their rescue. Calls for a government bail-out have intensified in recent weeks as the credit crunch has made it difficult for companies in various sectors, such as clothing, to access cash. - Business Day website

Car industry could hit the skids if no bailout - 7 February
The South African auto industry has asked the government to help it with "at least" R10-billion in loans to tide it over during the coming months of economic crisis. And senior Nedbank economist Nicky Weimer has warned that if the money is not found, there could be severe job losses in the industry. - The Star website

Private sector at core of jobs plan - 8 February
Investment by the private sector in the country's infrastructure development plan has emerged as the core of President Kgalema Motlanthe's plan to save South Africa from slipping into a widely predicted recession. In his state of the nation address in parliament on Friday, Motlanthe reached out to trade unions and business by identifying a role for them to play in underpinning existing jobs - and possibly even to defy projected slower growth and reverse recent job losses. - Business Report website

9 February 2009
Speech by Minister Barbara Hogan, Minister of Health on the occasion of the debate on the President's State of the Nation Address

Committee Minutes

Correctional Services Committee

3 February 2009
Correctional Services Portfolio Committee Activities : 2004 to 2009

20 January 2009
Correctional Services Portfolio Committee Reports : discussion

Education Committee

10 February 2009
National Student Financial Aid Scheme (NSFAS) funding for registration fees for Higher Education Institutions

4 February 2009
Further Education and Training (FET) Colleges : Government Interventions

27 January 2009
National Senior Certificate 2008 Results : Department of Education briefing

Environmental Affairs and Tourism Committee

28 January 2009
SA National Biodiversity Institute, Isimangaliso Wetland Park, SA Weather Service, Marine Living Resources Fund : 2007/08 Annual Reports

27 January 2009
Department of Environmental Affairs and Tourism, South African Tourism and South African National Parks 2007/08 Annual Reports

Foreign Affairs Committee

16 January 2009
Gaza : Israeli Ambassador briefing

15 January 2009
Gaza : Palestinian Ambassador briefing

Health Committee

22 January 2009
Assessment of HIV/AIDS programmes in SA : public hearings for Inter-Parliamentary Union Advisory Committee on HIV/Aids

Home Affairs Committee

27 January 2009
IEC Preparations for 2009 General Elections ; IEC and Government Printing Works 2007/08 Annual Reports

Justice and Constitutional Development Committee

10 February 2009
Constitution 16th Amendment Bill and Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Bill (Merafong) : response to public submissions

9 February 2009
Constitution 16th Amendment Bill and Cross Boundary Municipalities Laws Repeal Bill (Merafong) : public hearings

Merafong may be incorporated into Gauteng - 12 February
Parliament's justice and constitutional development and provincial and local government portfolio committees on Thursday approved legislation to re-incorporate Merafong into Gauteng. The Constitution 16th Amendment Bill and the Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Bill will give effect to this. - IOL website

4 February 2009
Constitution Sixteenth Amendment Bill and Cross Boundary Municipalities Laws Repeal amd Related Matters Amendment Bill (Merafong matters) : Departmental briefings

Labour Committee

4 February 2009
Department of Labour 2007/08 Annual Report : briefing

3 February 2009
NEDLAC 2007/08 Annual Report briefing

28 January 2009
Productivity South Africa and Umsobomvu Youth Fund 2007/08 Annual Reports : briefing

27 January 2009
Department of Labour 2007/08 Annual Report : consideration of Research Unit Analysis

21 January 2009
UIF and Compensation Fund Annual Reports 2007/08 : deliberations

20 January 2009
UIF and Compensation Fund Annual Reports 2007/08

Public Accounts Committee

10 February 2009
Strategic Defence Procurement Packages : public submission

4 February 2009
Strategic Defence Package Submissions : Tabling; Association of Public Accounts Committees (APAC) 2009 Conference : progress report

Public Service and Administration Committee

28 January 2009
State Information Technology Agency ; Public Administration Leadership and Management Academy : Annual Reports 2007/08 and Strategic Plans 2009-11

27 January 2009
DPSA and Public Service Commission 2007/08 Annual Reports and 2009 Strategic Plans

Public Works Committee

28 January 2009
Public Works Committee Reports on Department Annual Report 2006/7 and Budget 2007/08

Social Development Committee

28 January 2009
South African Social Security Agency Annual Report 2007/08 : briefing

22 January 2009
National Development Agency and Social Development Dept Annual Reports 2007/08

21 January 2009
Department of Social Development Annual Report 2007/08 : briefing

Sport and Recreation Committee

5 February 2009
2010 World Cup : input from Minister, Local Organising Committee, Department of Foreign Affairs and German Delegation

Trade and Industry Committee

4 February 2009
Competition Amendment Bill : reconsideration and voting ; National Industrialisation Participation Programme briefing

Transport Committee

3 February 2009
Bus Subsidy Budget Shortfall 2008/09 : briefing by Department of Transport

27 January 2009
Bus industry funding crisis : SATAWU briefing ; National Land Transport Bill : NCOP amendments

Water Affairs and Forestry Committee

4 February 2009
Water Cuts and Cholera situation in City of Cape Town : City, Departmental and civil community responses

Education Committee

21 January 2009
Matriculation results of 2008 : assessment by Department

Finance Committee

10 February 2009
Financial Management of Parliament Bill ; Money Bills Amendment Procedure and Related Matters Bill : finalisation

4 February 2009
Financial Management of Parliament Bill : postponement of final mandates

3 February 2009
Municipal Budget and Reporting Regulations : National Treasury briefing

28 January 2009
Money Bills Amendment Procedure and Related Matters Bill : submissions

28 January 2009
Financial Management of Parliament Bill : submission by Auditor General

27 January 2009
Financial Management of Parliament Bill [B74-2008] : public hearings

4 December 2008
Money Bills Amendment Procedure Bill : briefing and public hearing ; Financial Management of Parliament Bill : public hearing

2 December 2008
Money Bills Amendment Procedure and Related Matters Bill : briefing ; Financial Management of Parliament Bill : public hearings

Land and Environmental Affairs Committee

3 February 2009
National Environmental Laws Amendment Bill [B66B-2008] : final mandates; National Environmental Management Protected Areas Amendment Bill [B67B-2008] : finalisation

Public Services Committee

4 February 2009
Civil Aviation Bill : deliberations and adoption ; Metrorail Accidents : discussion

28 January 2009
Civil Aviation Bill [B73b-2008] : briefing by Department of Transport

Security and Constitutional Affairs Committee

9 February 2009
Mediation on the Second-hand Goods Bill

Joint Committees

Budget Committee

10 February 2009
Joint Budget Second Quarter Expenditure Report 2008/09 : deliberations

Defence Committee

11 February 2009
Letters from President on Deployment of South African National Defence Force (SANDF)

Joint Monitoring Committee on Children, Youth and Persons with Disabilities

4 February 2009
African Youth Charter : adoption; Approval of International Agreements Subject to Reservations

30 January 2009
Office on Status of Disabled Persons and Office on Rights of the Child Annual Reports 2007/08

23 January 2009
African Youth Charter; National Youth Commission Annual Report 2007/08

Ad Hoc Committees

Ad Hoc Committee on Criminal Law (Forensic Procedures) Amendment Bill

9 February 2009
Criminal Law (Forensic Procedures) Amendment Bill : Department’s informal response to submissions

3 February 2009
Criminal Law (Forensic Procedures) Amendment Bill : public hearings

27 January 2009
Criminal Law (Forensic Procedures) Amendment Bill : Parliament Research Unit briefing

20 January 2009
Criminal Law (Forensic Procedure) Amendment Bill : Deputy Minister's briefing

Ad Hoc Joint Committee to Consider Matters in terms of Section 12 of National Prosecuting Authority Act (Pikoli)

11 February 2009
Deliberations on matters in terms of Section 12 of the National Prosecuting Authority (NPA) Act

10 February 2009
Final Committee Report on Pikoli matter : postponement of deliberations

27 January 2009
Adv Pikoli, Presidency’s Director General, Justice Minister submissions : deliberations

21 January 2009
Justice Minister and Presidency's Director General submissions on Pikoli matter

20 January 2009
Advocate Vusi Pikoli's submission

14 January 2009
Election of Chairperson : "Pikoli" Committee

Broadcasting Amendment Bill

Motlanthe refuses to sign controversial bill - 9 February
President Kgalema Motlanthe has sent the contentious Broadcasting Amendment Bill back to the National Assembly unsigned because he has reservations about its constitutionality, his office said in a statement on Monday. The bill has raised the ire of opposition parties, who accuse the ANC of wanting to use it simply to get rid of the current SABC board. - IOL website

ANC MPs back down on bill - 13 February
The "vigilant" opposition scored a rare victory against the ANC in Parliament when the ruling party agreed to fix the constitutionally flawed SABC bill to ensure a fair hearing before firing the broadcaster's board. Tabling the changes to the bill, ANC portfolio communications committee whip Khotso Khumalo on Thursday conceded that the National Assembly may dissolve the board after due inquiry had found that the board of directors had failed to "discharge their fiduciary duties" and had not carried out their duties as required by the law. - IOL website

Broadcasting Bill amended - 13 February
The contentious Broadcasting Amendment Bill has been amended after President Kgalema Motlanthe refused to sign it into law, the parliamentary portfolio committee on communications said on Friday. Chairperson Ismail Vadi of the African National Congress (ANC) said the committee met on Thursday, making two amendments to the Bill that, in effect, provided for "proper inquiry by Parliament" before a decision to remove any members of the South African Broadcasting Corporation (SABC) board is taken. - Mail & Guardian website

Constitutional 16th Amendment Bill and Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Act

Cross-Boundary Municipalities law sent to Parly - 13 February
The Joint Committee on Justice and Constitutional Development has referred the Constitutional 16th Amendment Bill as well as the Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Act to the National Assembly. The Constitutional 16th Amendment Bill, Cross Boundary Municipalities Laws Repeal and Related Matters Amendment Act deals with the reincorporation of Merafong into Gauteng among others issues. Parliament's Joint Committee on Justice and Constitutional Development dealt with and made a ruling on the issue on Thursday to refer the bills to the National Assembly for adoption or rejection. - allAfrica website

Intellectual Property Rights (IPR) for Publicly Funded Research Act

IP Act puts profit first - 3 February
Publicly-funded research should benefit all of society - and the government has this tough task in mind with its Intellectual Property Rights (IPR) for Publicly Funded Research Act. The Department of Science and Technology also has a demanding journey ahead, trying to balance private-public interests with greater issues of public interest. - Moneyweb website

Mineral and Petroleum Resources Royalty Act

Mining Royalty Act delayed - 11 February
The implementation of the controversial Mineral and Petroleum Resources Royalty Act will be delayed until March 2010. The Act was scheduled to be implemented in May this year. But declining commodity prices and demand has threatened the very existence of many miners ; it is feared that the Act could strangle the industry further, resulting in increased job losses. - Moneyweb website

National Prosecuting Authority Amendment Bill

See you in court, Motlanthe tells Glenister - 12 February
President Kgalema Motlanthe will not hold off implementing laws that will dissolve the Scorpions and will rather see businessman Hugh Glenister in court over the issue. The state attorney's office wrote to Glenister's lawyers on Wednesday, saying Motlanthe did not agree that the SAPS Amendment and the National Prosecuting Authority Amendments Acts were unconstitutional. - IOL website

Revenue Laws Second Amendment Bill

'Safe harbour' no more - 16 February
Upcoming new income tax legislation has dispensed with the hitherto 'safe harbour' option available to provisional tax payers. Muneer Hassan, project director: tax at the South African Institute of Chartered Accountants (SAICA), regards as "significant" the change, which is contained in the Revenue Laws Second Amendment Bill, tabled before Parliament in October last year. - Cape Business News website

United Kingdom

Freshfields puts the brake on spiral of law salaries - 10 February
Freshfields Bruckhaus Deringer, one of Britain's oldest law firms, yesterday called a ceasefire in a pay war in which starting salaries for City lawyers have risen to more than £90 000. The “magic circle” firm informed staff that their pay would be frozen at current levels until 2010, while salaries for newly qualified solicitors would be cut from £66 000 to £59 000. - Times Online website

Criminal Justice System

'Shoot first, ask questions later' - 12 February
In the past two weeks 11 people have been shot dead by police. The spate of killings, while they may be hailed by many crime-weary citizens, raises questions about how far police are allowed to go to bring criminals to book. Johan Burger, senior researcher at the Institute of Security Studies, said there were a number of factors that could explain the apparent increase in the number of suspects killed at the hands of police. - IOL website

Finance

Government 'not ruling out company bailouts' - 9 February
President Kgalema Motlanthe yesterday did not rule out the possibility of the government bailing out companies facing bankruptcy because of the current global financial crisis. Briefing the media at Tuynhuys in Cape Town, Motlanthe said while the government did not have a special fund to bail out companies, it could be compelled to intervene if the crisis reached a point where companies where facing closure. - Dispatch Online website

No we're not in recession : Manuel - 12 February
Finance Minister Trevor Manuel reiterated on Thursday that South Africa's economy was not in recession, a day after predicting the lowest rate of growth for 2009 in more than a decade. - Moneyweb website

Home Affairs

South Africans need visas for UK visits - 10 February
From now on, South Africans visiting the UK will have to get a visa because the British government intends clamping down on "smugglers and terror suspects". The British High Commissioner to South Africa, Paul Boateng, said the move will come into effect on March 3. But South Africans who have previously visited the UK on their current passports will be exempt until the middle of this year. - The Times website

See :
UK Border Agency (Application Centres) in Southern Africa website and http://ukinsouthafrica.fco.gov.uk/en/visas-for-the-uk/

New countries face tough visa rules - 10 February
New visa checks are to be introduced for five countries after they failed to pass Britain's strict new Visa Waiver Test, the Government announced today. Following Britain's first global review of who needs a visa to come to the UK, regimes will now be introduced in Bolivia, Lesotho, South Africa, Swaziland and Venezuela. Already, three quarters of the world's population need to apply for a visitor visa. - eGov monitor website

Judiciary

Judge Hlophe

Cape Judge President has a duty to stay away while under cloud - 10 February
The Cape judge president is in the news again. On January 26, after an absence of many months on specially arranged leave while a charge of gross misconduct was pending against him, he simply appeared in his office and instructed his deputy to step aside. - Article by Judge Kriegler, chair of Freedom Under Law, a not-for-profit company incorporated in SA and Switzerland on the allAfrica website

Hlophe's sin has been to stand up for judicial independence - 10 February
Within hours of Justice Minister Enver Surty ordering Cape Judge President John Hlophe not to resume his judicial duties, Hlophe was subjected to relentless personal criticism, which completely drowned out analysis of the merits or demerits of Surty's decision. But this criticism also reveals a wider agenda - not only to drive Hlophe from the bench but also to undermine blacks in higher judicial positions. - Article by [Paul] Ngobeni, deputy registrar, legal services, at the University of Cape Town on the allAfrica website

Hlophe to meet Surty today - 11 February
Justice Minister Enver Surty and Western Cape Judge President John Hlophe are expected to smoke the peace pipe when they meet in Cape Town today. - Pretoria News website

Surty and Hlophe tug-of-war ends - 12 February
The impasse between Justice Minister Enver Surty and Cape Judge President John Hlope has been resolved, after the pair met yesterday. The meeting came after a face-off developed around whether Hlope was permitted to return to work, as he wished to, bringing an end to the "special leave" he was granted last year.The pair signed an agreement after a "collegial" meeting. - IOL website

Hlophe's humbling climb-down - 12 February
Cape Judge President John Hlophe has made a humbling climb-down after his recent public confrontation with Justice and Constitutional Development Minister Enver Surty - and has now agreed to remain on "special leave". - Cape Argus website

Hlophe backs down - 12 February
In the statement, Judge Hlophe "unreservedly" tenders his "sincerest apologies" for the public perception that he may have "undermine(d) the office of the minister, or his personal integrity". Judge Hlophe acknowledges that by accusing Surty of unconstitutionally interfering in the judiciary, he has "placed the minister's office and the minister under extreme pressure". - IOL website

Frantic bid to resolve Hlophe quandary - 13 February
The Judicial Service Commission has officially revived its inquiry into complaints against the Constitutional Court judges and Cape Judge President John Hlophe. The decision was taken on the same day that Judge Hlophe and Justice Minister Enver Surty tried to kiss and make up after a public row over Judge Hlophe's return to work without Surty's blessing. Meanwhile, sensitive negotiations continue behind the scenes to broker a settlement that would avoid further damage to the judiciary's credibility. - The Star website

Hlophe apologises to justice minister - 13 February
Cape Judge President John Hlophe has apologised to Justice Minister Enver Surty. The justice ministry said yesterday this was the latest development in the impasse over whether Hlophe was entitled to return to work from special leave. - Cape Times website

Labour Law

CCMA seeks new ideas to avoid retrenchments - 11 February
The Commission for Conciliation, Mediation and Arbitration (CCMA) is looking at innovative ways to deal with the expected retrenchment of thousands of people, with the emphasis on changing the mindsets of management and workers to help them withstand the global economic meltdown. - Business Report website

Metro force back as Ngcobo steps aside - 10 February
Striking Johannesburg metro police will return to work today after an agreement that metro police chief Chris Ngcobo temporarily step down while accusations of corruption against him are properly investigated. Members of the South African Municipal Workers' Union (Samwu) have been on strike since last Monday to put pressure on the city to act against Ngcobo. - allAfrica website

The cars that caused all the trouble . . . - 10 February
Chris Ngcobo, the Johannesburg metro police chief forced to step down temporarily by worker power, faces a corruption probe involving R7-million. Sources told The Star that the officers, through their union, the South African Municipal Workers' Union (Samwu), had asked how Ngcobo could afford two luxury cars - a Range Rover Sport for himself and a Mercedes-Benz for his wife (each worth more than R1,2-million) - on his salary. This has led to an official probe. - IOL website

Land Affairs and Property

Development

Property developers seek an 'open forum' with Eskom to clarify the rules of engagement for new connections - 13 February
The South African property development sector has entered an extremely challenging environment as demand visibility has all but disappeared, for the short term at least, and uncertainty around access to funding increases. But compounding matters is that the sector also has been left somewhat in the dark with respect to what the precise new connections policy is regarding sizeable new developments. For that reason, the South African Property Owners Association (Sapoa), which has been assessing the impact of power constraints on the industrial and commercial property sector, still believes it is urgent that the new connections policy be fully dealt with as a matter of priority. - Creamer Media's Engineering News website

Land Claims and Expropriation

Families on land stand in way of R4bn project - 10 February
A R4-billion residential and commercial development which would create thousands of jobs, could be jeopardised because 27 families living on the site near Du Noon are reneging on an agreement to leave the land, the project's developer says. The land owner, Ronald Shell, said the tenants on Annandale Farm north of Bothasig signed an agreement in December that stated that each household would receive either R55 000, or R25 000 and a Wendy House set up on a site of their choice. Shell said that with the exception of one person, the families had never worked on the former dairy farm. He had decided against seeking an eviction order. - IOL website

Constantia plan should rouse every landowner - 15 February
As a registered "affected party" for the proposed Firgrove and Sweet Valley developments, I was very surprised to read your article "Posh to get poor neighbours" (February 8). Either significant changes have been made to the original proposal or a number of different issues were erroneously combined in this article. The article stated that "land claimants, along with low-and middle-income residents, would get houses in the proposed developments".  At the one and only public forum on the proposed developments, a representative of the Constantia Restitution Beneficiaries Trust stated that the trust was against the proposals as they detracted from their claims.- Letter from John Gilchrist on The Times website

Property Law

Property trusts : when they're a bad thing - 10 February
Guest expert Mike Spencer, a Bloemfontein-based property valuer, estate agent and sectional title expert with Platinum Global, has some useful tips for landlords about rental deposits. During a recent successful sale the question of whether or not to register the property in a trust arose.  An interesting discussion took place. I make no pretence to be financial advisor but look more at what I perceive as the practical aspects of registering property in Trusts. - Moneyweb website

Stamp duty bonus for landlords - 13 February
Certain players in the property industry, particularly landlords and tenants of commercial buildings will receive some welcome relief when stamp duty on leases is finally abolished. Stamp duty on leases will be abolished with effect from April 1, 2009 through the repeal of the Stamp Duties Act, not arising from the recent budget, but through the Revenue Laws Amendment Act which was gazetted on January 8, 2009. - Moneyweb website

Landowners have until 2011 to exercise rights - 10 February
The Western Cape government has received the legislature's go-ahead to restore the unintended lapse of a land use rights ordinance which will give land owners until 2011 to exercise their rights. "If, for example, you have a single residential house on a property which has business rights, you will have to exercise those rights by 2011 or they will fall away", Cobus Grobler, the local government MEC's spokesman, said yesterday. - Herald Online website

Minerals and Energy

Empowerment has morphed into tokenism, says Sonjica  - 11 February
The government was unhappy with the progress of black economic empowerment (BEE) in the mining sector, Buyelwa Sonjica, the minister of minerals and energy, said on Tuesday, highlighting at least three areas of concern. BEE had resulted in "tokenism" rather than real empowerment, Sonjica said in an interview at the Mining Indaba. - Business Report website

Mining, energy ministry to split - 10 February
The Minister of Minerals and Energy Affairs Buyelwa Sonjica expects her department to be split into two separate ministries if the African National Congress wins the coming election, she said on Tuesday. Sonjica said both energy and minerals were vital to the country's economy and having two separate ministries would allow more time and energy to be devoted to each. - Mail & Guardian website

Municipal Management and Procedure

eThekwini

eThekwini municipality launches ‘first of a kind’ energy office - 13 February
A dedicated energy office, said to be the first of its kind in South Africa, was launched by the eThekwini municipality last week, in an attempt to achieve a sustainable future for businesses and residents of the city. - Creamer Media's Engineering News website

eThekwini Municipality launches energy office

This press release was emailed out at : 03 February, 2009 16:00

EThekwini Municipality officially launched its energy office today, heeding the call from our National Government to ensure energy conservation throughout South Africa. The Deputy President's office, Eskom and numerous top businessmen and women in the region attended the launch, held at the ICC.

The office, the first of it's kind in the country,  will establish the municipality as a leading local authority in promoting and implementing energy management to achieve a sustainable energy future for businesses and residents of eThekwini.

City Manager, Dr Michael Sutcliffe said. "Some of the biggest challenges facing the world today include climate change and scarce energy resources. In South Africa, electricity demand currently exceeds its supply.  This office is a dedicated initiative to increase awareness of energy issues and promote energy reduction and efficiency within the municipality and its boundaries. It will bring together experts in different disciplines to ensure that we minimize energy usage, create a society that cares much more about the environment and find new ways to create energy, for the sustainable future of Durban".

"Besides improving our energy efficiency, the office commits to reducing green house gas emissions, reducing our dependency on finite ossil fuels, and investing in renewable energy sources or technologies," he added.

Manager of the Energy Office, Mr Manoj Singh said, "Strategic partnerships with voluntary organisations, government, tertiary institutions, business and the public are critical in the success of this office and we will be working towards forging these. We plan to expand the knowledge base of individuals and business as well as actively promote energy efficiency and reduction to our energy users via the media," he said.

"Last years power failures did not augur well for our growing economy but on the same breath it spoke volumes about service delivery and the commitment of government to improving the lives of our people. The conservation of energy is paramount if we are serious about seeing this country developing to the level where it will be clustered with the first world countries," said Deputy Mayor Logie Naidoo.

"In keeping with our promise of a better life for all, we would request our people to also do their part. We need to form strong partnerships here. Government is aware that there are certain things that it cannot do alone. But, it is also aware of the fact that there is virtually nothing that could be achieved if the communities do not play their part".

Leading by example, the municipality is presently surveying their buildings to evaluate its energy usage. This information will be used to implement suitable energy efficiency and reduction measures within the municipality.  An energy awareness campaign is currently under way and will continue to provide advice on methods of reducing energy.

The current focus of the office is to set up a framework on using solar energy for the residents of Durban. The energy office is in the process of developing a strategy that will shortly be available to the public for their comment.

The Energy Office will also be responsible for driving green initiatives, secure grants and funding from all financing institutions, influence legislation and bylaws from a municipal perspective to support green energy use in the city, and create incentives for clean energy use.

Very importantly, the energy office will be actively involved with the residents of Durban with any of its interventions and will be inspiring eThekwini to be a smarter, more energy efficient city through responsible and effective energy management.

For further comment, contact Sandile Maphumulo, Head : eThekwini Electricity on telephone 031-311 9000 ; cellphone 082-569 7018

Manager Energy Office, Manoj Singh on 082-321 6297

Issued by eThekwini Communications Department. Contact Sohana Singh, telephone : 031-311 2044 ; cellphone 083-3090207 or email singhsohana@durban.gov.za

 

Pre-requisite for a Business Licence Application

This press release was emailed out at : 12 February, 2009 16:55

People intending to apply for any business license within the eThekwini Municipal area, will be expected to satisfy certain conditions. Candidates must submit completed application forms, obtainable from the Licensing Office at 75 Dr Langalibalele Dube Street (Winder Street) on the 6th floor. The working hours are from 08h00 to 15h00, Monday to Friday.

Together with the application form, they must also bring the landlords consent and a copy of an identity document, including a copy of fingerprint reports in the case of entertainment license application. Other requirements are the close corporation, certificates of incorporation and directors or members details, proxy letter when lodging on behalf of a CC or company. Approved plans of the premises and occupancy certificate from the building department (Building Inspector). The final pre-requisite is the development planning approval, obtainable from the Development Planning and Management Unit at 166 K E Masinga Road (Old Fort Road), City Engineers Building.

Issued by the Communications Unit ; eThekwini Municipality. For detailed information, please contact Mr Andreas Makhoba at 031-311 4440 or 083-377 9300

National Prosecuting Authority

NPA to give evidence on arms deal to Scopa - 10 February
The National Prosecuting Authority (NPA), the Department of Trade and Industry (DTI) and Armscor are to be called to appear before Parliament's standing committee on public accounts to answer questions about allegations of fraud and corruption surrounding the multibillion-rand arms procurement package. - Mail & Guardian website

Opposition outraged over Pikoli report - 11 February
Opposition parties on the special ad hoc parliamentary committee to decide the fate of prosecutions head Vusi Pikoli were outraged yesterday when a draft report was tabled despite the fact that the committee had not formally made a finding on Pikoli's future. The report recommends that President Kgalema Motlanthe's decision to fire Pikoli should stand, and that the national director of public prosecutions should lose his job. The committee is in a race against the 30-day time limit in which Parliament must make its decision on Pikoli. - Business Day website

MPs asked to endorse Pikoli decision - 10 February
The African National Congress chairpersons of parliament's ad hoc committee reviewing Vusi Pikoli's fate tabled a report on Tuesday asking MPs to endorse President Kgalema Motlanthe's decision to axe the prosecutions chief. The draft report met with howls of protest from opposition parties who said they were not consulted about its findings but presented with a politically motivated fait accompli. "Whose findings are these? Did you allow parliamentary staff, who are political appointees, to come to a finding or did you come to a finding?" Independent Democrats leader Patricia de Lille demanded. - IOL website

Piloki was clumsy, unprofessional : committee - 11 February
A special parliamentary committee on Wednesday endorsed the dismissal of Vusi Pikoli because the national prosecutions chief had "messed up", chairperson Oupa Monareng said. - IOL website

11 February 2009

Law Society urges Pikoli Parliamentary Committee to exercise separation of powers

The Law Society of South Africa (LSSA) urges the Parliamentary ad hoc joint committee dealing with the Pikoli matter to consider the Ginwala Commission's findings seriously in its discussions today as regards the fate of National Director of Public Prosecutions (NDPP), Vusi Pikoli. 'This committee – and later Parliament – must take this opportunity to exercise its oversight role and assert the separation of powers as between the Executive and the Legislature. It must provide cogent reasons should it decide to support the President's recommended dismissal of the NDPP, when, in fact, the Ginwala Commission found him fit to hold office', say LSSA Co-Chairpersons Max Boqwana and CP Fourie.

Previously, the LSSA indicated that the President's decision had raised the question whether, in future, a President can,

▪ on his own and without the application of the facts, dismiss the head of the prosecutorial services ; and

▪ be guided by political considerations in appointing an NDPP, rather than by the internationally acceptable principles of independence and the discharging of prosecutorial responsibilities without fear, favour or prejudice.

'These questions will again arise if the parliamentary ad hoc committee endorses the President's recommendation to dismiss Mr Pikoli without a rational explanation', say Mr Boqwana and Mr Fourie. In this regard, the LSSA welcomes the views expressed by the President last week that the process of appointing the NDPP could possibly best be dealt with by an independent body, such as the procedure adopted by the Judicial Service Commission in appointing judges.

Also, Mr Pikoli has indicated that he may challenge the committee and ultimately Parliament's decision, should it resolve to dismiss him, in court. 'The committee must seriously consider the far-reaching ramifications of a court finding in favour of Mr Pikoli and against Parliament in such a matter', says the LSSA. 'It would also mean that the prosecuting authority should continue without a National Director of Public Prosecutions in place for some time until the matter is pronounced on by the courts'.

Issued on behalf of the Co-Chairpersons of the Law Society of South Africa
by Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 / 083-380 1307
Email : barbara@lssa.org.za
Website : www.lssa.org.za

Pikoli 'will challenge' report - 11 February
Suspended National Director of Public Prosecutions Vusi Pikoli does not expect Parliament to reinstate him, his lawyer has acknowledged. Anticipating the final axe, Pikoli is ready to launch his legal action challenging his dismissal "soon" after the formalities to remove him are concluded. It is understood that court papers have already been drafted. - IOL website

Pikoli remains in good spirits : lawyer - 12 February
Vusi Pikoli's lawyers are ready to challenge his dismissal as National Director of Public Prosecutions in the Johannesburg High Court as soon as it is finalised in Parliament, his attorney said on Thursday. "I have already got my papers ready", said Aslam Moosajee, the attorney who managed his case through last year's inquiry to determine whether he was fit to hold office. - IOL website

Pikoli : what the courts will have to decide - 13 February
The decision by the National Assembly to endorse the President's recommendation to dismiss Adv Vusi Pikoli, the National Director of Public Prosecutions (NDPP), must still be approved by the National Council of Provinces. However, this is likely to be just as much a formality as the decision of the National Assembly itself. The decision will have implications that go far beyond the fate of a senior office-bearer : indeed, they cut to the very root of the rule of law and may affect the future leadership of South Africa. - Politicsweb website

Parly warned about Pikoli - 12 February
The National Assembly ratified the dismissal of prosecutions chief Vusi Pikoli on Thursday, after a raucous debate in which the opposition warned he would win a reprieve in court. "Pikoli is going to win this case and once again it is going to be shame on Parliament," Independent Democrats leader Patricia de Lille said, adding that MPs had failed to review the matter properly. "This is a simple rubberstamp". Tertius Delport from the Democratic Alliance added: "This Parliament cannot in good conscience take the step to put the final nail in the coffin of a man who has not and cannot be shown to have acted in dereliction of his duty". - News24 website

Parliament neither fit nor proper - 12 February
Section 12(6) of the NPA Act makes clear that the NDPP can only be removed for one of four objectively determinable reasons, one being that he is no longer a fit and proper person to hold the office concerned. A decision by the President to fire Pikoli can therefore only be legally valid if it  has been determined - looking at all the facts - that Pikoli is indeed no longer a fit and proper person. This is not a decision that can be taken on the basis of political considerations. In order to be legally valid, a clear determination has to be made on the facts and these facts must be shown to demonstrate that the NDPP is no longer a fit and proper person. This would require the President and then Parliament (1) to define what constitutes a fit and proper person and (2) then to show that the NDPP has demonstrated through his actions that he no longer meets the criteria for a fit and proper person. - Pierre de Vos on the Constitutionally Speaking website

National Council of Provinces vote may decide Pikoli's fate - 16 February
Axed National Prosecuting Authority (NPA) boss Vusi Pikoli will turn to the courts this week in a last-ditch move to get his job back. Despite a barrage of objections from opposition parties, the African National Congress (ANC) used its 70% majority in the National Assembly last week to ram through the top prosecutor’s dismissal because he was deemed "insensitive to national security issues", in a report by former speaker of Parliament Frene Ginwala. Now only a National Council of Provinces (NCOP) vote stands between Pikoli and final dismissal. - Business Day website

Scorpions

'Scorpions advocates have racist agenda' - 10 February
Safety and Security Minister Nathi Mthethwa on Monday accused those opposing the dissolution of the Scorpions of having a racist agenda, while mentioning a missing amount of R100-million as one of the serious problems with this unit. Another major problem, he said, was the lack of a monitoring mechanism equivalent to the Independent Complaints Directorate, which monitors the police. - IOL website

R100m is missing from Scorpions funds : minister - 10 February
About R100-million is missing from the accounts of the Directorate of Special Operations (DSO) or Scorpions, Safety and Security Minister Nathi Mthethwa said yesterday. - Herald Online website

Budget highlights Scorpions successes - 11 February
The successful track record of the soon to be disbanded Scorpions was confirmed in the 2009 budget tabled by Finance Minister Trevor Manuel on Wednesday. According to the Estimates of National Expenditure, the elite crime-fighting unit scored a 94% conviction rate on 182 cases brought to court in 2007. In the first half of last year, the Scorpions - officially the Directorate of Special Operations - initiated 39 new investigations, finalised 53 major investigations, and prosecuted 28 cases, with a conviction rate of 87%. - Mail & Guardian website

Parliament

Bungling ministers' days 'are numbered' - 13 February
Ministers in the post-election government may have to sign annually renewable performance contracts with the ANC, a senior party member said this week. ANC national executive committee (NEC) member Enoch Godongwana said government ministers in Jacob Zuma's incoming administration should be made to sign performance contracts with the ANC to ensure service delivery and "secure the ANC's future". - Mail & Guardian website

Pension Funds

Retirement reform : a big deal - 11 February
The 26% decline in the value of the All Share Index last year left many retirement funds struggling and added further impetus to government's desire to reform the current setup. According to the Budget Review, discussions about ways to improve social protection and further develop the savings industry are ongoing, as are considerations over the development of a national health insurance system in relation to "the longer-term social security reform agenda". - Moneywebtax website

Politics

Manuel blasts jobs for comrades - 14 February
Minister of finance Trevor Manuel has told the ANC that its practice of promoting party loyalists beyond their competence was a major reason for poor service delivery. Manuel also criticised ANC MPs for failing to perform their oversight job of ensuring that taxpayers received value for money. At the same meeting, President Kgalema Motlanthe pleaded with MPs to stop attacking constitutional institutions while campaigning. Motlanthe said attacks on institutions such as the judiciary were counterproductive because the ANC would need these institutions to run the country after the elections. - The Times website

Taxation Law

Tax rewrite process is on the cards - 12 February
An income tax rewrite process is on the way in South Africa, but it is a complex process, said commissioner of the South African Revenue Service, Pravin Gordhan, on Thursday. - Business Report website

STC on liquidation distributions the real story - 5 February
Until recently, dividends declared in anticipation of the liquidation, deregistration or winding up of a company out of pre-March 31 1993 profits (revenue and capital), or out of pre-October 1 2001 capital profits, were exempt from Secondary Tax on Companies (STC). The 2007 Revenue Laws Amendment Act removed this exemption with effect from January 1 2009. In terms of this amendment any such "liquidation" dividends that are declared on or after January 1 2009 are subject to STC in full at the rate of 10%. This may have resulted in a number of companies with large reserves that qualify for the exemption, liquidating before 1 January 2009 in order to benefit from the exemption before it was repealed. Fortunately the Revenue Laws Amendment Act of 2008 (no 60) repeals the 2007 amendment. This means that the previous status quo will be restored, or quite simply, the exemption will remain. - Moneywebtax website

China

Law professor says lawsuit to bring home stolen relics difficult - 13 February
A Chinese expert on international cultural relics law said Friday that a proposed lawsuit seeking the return of two looted Chinese relics to be auctioned in Paris is unlikely to succeed.  A team of 81 Chinese lawyers have written to Christie's auction house in an effort to stop the sale of the Qing Dynasty (1644-1911) bronze rabbit and rat head sculptures. They have also written to Pierre Berge, current owner of the sculptures, asking him to return the relics to China. - XhinhuaNet website

India

Gandhi's spectacles up for sale - 12 February
Mahatma Gandhi's iconic spectacles, which he once said gave him "the vision to free India", are to be sold at an auction in New York. A pair of the Indian independence leader's sandals and his pocket watch also form part of the sale next month. - BBC News website

Australia

Australian man charged with arson - 13 February
Australian police have charged a man with "arson causing death" over one of the country's deadly bushfires. The reports said the man was charged with lighting a fire, which killed at least 21 people, near the town of Churchill in the state of Victoria. Prime Minister Kevin Rudd has described Australia's deadliest bushfires as "mass murder". - BBC News website

Australian arson suspect named - 16 February
The man accused of lighting a deadly wildfire in Victoria, Australia, has been named as Brendan Sokaluk, from the Gippsland area. He is facing charges of arson causing death, of intentionally starting a bushfire, and of possessing child pornography. His defence lawyer told the court that there was an unprecedented level of emotion, anger and disgust at his alleged offences, and even though her client was in protective custody he still remained at risk. She therefore asked that his name remain suppressed. But the judge ruled that his identity was already well-known in his home community and that the suppression order served no practical effect. - BBC News website

New Zealand

New Zealand signs Maori land deal - 11 February
The New Zealand government has agreed to pay NZ$300m (US$157m, £108m) to eight Maori tribes to settle grievances dating back more than 150 years. The tribes say they were victims of illegal land seizures and breaches of the Treaty of Waitangi. This was the agreement on land and human rights reached by British settlers and indigenous people in 1840. The government also acknowledged Maori authorship of the Haka, the war dance used by the All Blacks rugby team. - BBC News website
Keyphrases :
Copyright
Land Affairs and Property. Land Claims and Expropriation
Sport and Recreation

Italy

Italian coma battle woman dies - 9 February
Eluana Englaro, the Italian woman at the centre of a right-to-die debate, has died, the health minister has said. Maurizio Sacconi made the announcement in Italy's Senate as politicians were debating a law that would have forced doctors to continue feeding her. Doctors at a private clinic in the northern city of Udine had been withholding her food since Friday. They had earlier said Ms Englaro might live for another two weeks. - BBC News website

Transport and Roads

EU plans new charges for lorries - 12 February
A panel of Euro MPs has voted to introduce extra road charges to curb congestion and pollution from lorries. - BBC News website

Courts

Avoiding complaints : keeping judges and solicitors up to the mark - 10 February
The wheels of justice famously grind slow - but these days there are limits even to judicial slowness. More than 2,000 judges in England and Wales have been issued with a deadline for delivering their judgments and if they are late, must explain why. The six senior presiding judges of the circuits have issued the reminder to all district, circuit and High Court judges who deal with civil and family cases: all judges sitting on family disputes should deliver judgment within one month, and judges sitting on civil cases within two months. - Times Online website

Family Law

Credit-crunch divorcés appeal over maintenance - 12 February
The courts are expected to rule soon in a series of test cases brought by once-wealthy City workers who want to renegotiate their hefty divorce settlements now that they are deprived of their large bonuses. Top divorce lawyers have all had a surge of cases in which husbands are either stalling on divorce settlements or want to return to court to challenge the original deal. The first court rulings are expected within months.- Times Online website

Legislation

How the Government is helping the bereaved in its Coroners and Justice Bill - 12 February
The proposed reforms to the Inquest system, criticised by David Pannick, QC, in Times Law last month, are vital to ensure that we offer bereaved people the best possible information and support at what is likely to be one of the most traumatic periods of their life. This represents the biggest shake-up of our coronial system in more than a century. - Times Online website

Copyright

Artist sues the AP over Obama image - 9 February
In a pre-emptive strike, the street artist Shepard Fairey filed a lawsuit on Monday against The Associated Press, asking a federal judge to declare that he is protected from copyright infringement claims in his use of a news photograph as the basis for a now ubiquitous campaign poster image of President Obama. The suit asks the judge to declare that Mr Fairey's work is protected under fair-use exceptions to copyright law, which allow limited use of copyrighted materials for purposes like criticism or comment. - New York Times website

Copyright battle over iconic Obama image - 12 February
Artist Shepard Fairey says that he has distributed more than 300,000 copies of his iconic poster of President Obama with the word "Hope" written underneath and that it has inspired countless other versions. Now, the 38-year-old Los Angeles street artist, who says he used an Associated Press photograph as a "visual reference" for his piece, is in the middle of a copyright battle that goes to the heart of how media is made, remixed and mashed up. - SFGate website

Criminal Justice System

Court orders California to cut prison population - 9 February
The California prison system must reduce overcrowding by as many as 55 000 inmates within three years to provide a constitutional level of medical and mental health care, a federal three-judge panel tentatively ruled Monday. Relying on expert testimony, the court ruled that the California prison system, the nation's largest with more than 150 000 inmates, could reduce its population by shortening sentences, diverting nonviolent felons to county programs, giving inmates good behavior credits toward early release, and reforming parole, which they said would have no adverse impact on public safety. - New York Times website

Cyberlaw

Privacy groups slam new rules - 12 February
Privacy groups say widely-anticipated recommendations on how websites collect, save and share information about users don't protect the public. The Federal Trade Commission's new policies focus on targeted advertising that tracks consumer behaviour online. - BBC News website

Foreign Affairs

Obama warning on Pakistan 'haven' - 10 February
US President Barack Obama has said his administration will not allow "safe havens" for militants in Pakistan's tribal region bordering Afghanistan. - BBC News website

Human Rights

US judges admit to jailing children for money - 12 February
Two judges pleaded guilty on Thursday to accepting more than $2.6 million from a private youth detention center in Pennsylvania in return for giving hundreds of youths and teenagers long sentences. Judges Mark Ciavarella and Michael Conahan of the Court of Common Pleas in Luzerne County, Pennsylvania, entered plea agreements in federal court in Scranton admitting that they took payoffs from PA Childcare and a sister company, Western PA Childcare, between 2003 and 2006. - Reuters website

Cyberlaw

Web 2.0 defamation lawsuits multiply - 9 February
Legal scholars have started to ask whether the Communications Decency Act should be modified, on the grounds that it allows too much irresponsible speech.The number of people getting sued over online speech, although small, is rising sharply, according to statistics from the Citizen Media Law Project at Harvard's Berkman Center for Internet and Society. Civil lawsuits nearly doubled in 2006 and rose again in 2007 by another 68 percent. Data for 2008 are not available, but more cases filed during these years are being uncovered every day, said Sam Bayard, the project's assistant director. - SFGate website

Trade and Industry

WTO members meet to assess signs of protectionism - 9 February
World Trade Organisation (WTO) members met on Monday to assess how far the financial crisis has encouraged protectionism. Diplomats representing both rich and poor nations were set to discuss WTO Director-General Pascal Lamy's January report showing countries had ignored the Group of 20 (G20) nations' plea in November against raising trade barriers. - Creamer Media's Engineering News website

'Slumlord' demands apology - 12 February
Attorneys representing a Cape Town businessman who has a company which owns a controversial Muizenberg building have demanded an apology from a resident who posted a "wrongful and defamatory" Facebook advertisement calling him a "slumlord". But Emil Rorke says he will "absolutely not back down" and will continue with actions against Zhaun Ahmed, who he says owns the Don Pepe building in Muizenberg. In a "Facebook group to advertise the worst slum in Muizenberg", Rorke said Don Pepe was "overcrowded, dirty" and was the "nexus of criminal and antisocial behaviour in Muizenberg". - IOL website

Social networking : European Commission brokers agreement among major web companies - 10 February
17 leading web firms have signed for the first time a European agreement to improve the safety of under 18s who use social networking sites. These include Arto, Bebo, Dailymotion, Facebook, Giovani.it, Google/YouTube, Hyves, Microsoft Europe, Myspace, Nasza-klaza.pl, Netlog, One.lt, Skyrock, StudiVZ, Sulake/Habbo Hotel, Yahoo!Europe, and Zap.lu. - eGov monitor website

Online bullying : the new threat for European youth - 11 February
Almost a third (29%) of European teenagers have been bullied on the internet according to new research published today by Microsoft. The research, which examines the rise in social media and the habits and attitudes of European teenagers, was released today in support of Safer Internet Day and the launch of a new Microsoft volunteering programme designed to educate children, parents and teachers on safe internet use. - eGov monitor website

Qualifications and Experience

BComm (UKZN ; 2007)
LLB (UKZN ; current)
Has driver's licence

Contact

Cell : 072-340 9857

Qualifications

BA Law ; LLB (UKZN)

Contact

Telephone : 083-682 2857
Cell : 083-235 0690