InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

Issue no.10 30 April 2009

This information service also serves to draw attention to current news items
 and readers are directed to the hosts' websites

Contents
News
Law Society of South Africa. Legal Education and Development (L.E.A.D)
Government Gazette Update
Acts
Proclamations
Regulations and Draft Regulations
Government, General and Board Notices
Consumer Price Index
News on the Electronic Front
Recent Judgments Available on the Internet
Government and Legislation
Useful Links and Items of Interest
E-Tips
WWW Why Work the Web - Making the Internet Work for You

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 
 News
Law Society of South Africa. Legal Education and Development (L.E.A.D)
Workshop
 
Administration of Estates : 3-day workshop, 2009
Presenter : Ceris Field
Venues and Dates : East London 14-16 May 2009
  Bloemfontein 6-8 August 2009
  Cape Town 27-29 August 2009
Time : 09:00-16:00
Registration Fees : Per person for 3-day workshop R pp
 
Contact : Sharon Lee or Tamara Sihlangu
Telephone : 012-441 4608/4613
Fax 086-550 7145/086-550 7131
Email : sharon@lssalead.org.za or tamara@lssalead.org.za

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 Government Gazette Update
Acts
Consumer Protection Act 68 of 2008

GN 467/GG 32186/29-04-2009 **


  Proclamations
Foodstuffs, Cosmetics and Disinfectants Amendment Act 39 of 2007

Commencement date : 27 March 2009
PR 14/GG 32012/20-03-2009

Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004

Notification by President in respect of entities identified by the United Nations Security Council
PR 15/GG 32035/23-03-2009

Public Service Amendment Act 30 of 2007

Commencement of section 32 : 20 March 2009
PR 18/GG 32040/20-03-2009


  Regulations and Draft Regulations
Basic Conditions of Employment Act 75 of 1997

Amendment of Sectoral Determination 13 : Forestry Sector
GNR 362/GG 32060/27-03-2009

Customs and Excise Act 91 of 1964

Amendment of Schedule no.1

Correction notice : Amendment of Schedule no.2 (no.2/311)
GNR 365/GG 32063/27-03-2009

Identification Act 68 of 1997

Ninth amendment of the Regulations
GNR 342/GG 32044/27-03-2009

Local Government : Municipal Property Rates Act 6 of 2004

Regulations
GNR 363/GG 32061/27-03-2009

Manpower Training Act 56 of 1981

Amendment of Regulations
GNR 343/GG 32050/23-03-2009

Marriage Act 25 of 1961

Twelfth amendment of Regulations
GNR 344/GG 32044/27-03-2009

Petroleum Products Act 120 of 1997

Amendment of regulations in respect of petroleum products
GNR 390/GG 32080/31-03-2009

Regulation in respect of the single maximum national retail price for illuminating paraffin
GNR 389/GG 32080/31-03-2009

Public Service Act 103 of 1994

Amendment of Public Service Regulations, 2001
GNR 332/GG 32040/20-03-2009

South African Citizenship Act 88 of 1995

Twelfth amendment of the Regulations
GNR 345/GG 32044/27-03-2009

South African Passports and Travel Documents Act 4 of 1994

Fourteenth amendment of the Regulations
GNR 346/GG 32044/27-03-2009

Stamp Duty Act 77 of 1968

Regulations

Providing for the demonetization of adhesive revenue stamps and prescribing the procedures for the refund of value of unused revenue stamps
GN 360/G 32059/27-03-2009

Providing for the discontinuance of the use of revenue franking machines and prescribing the procedures for the refund of the unused revenue value as set per revenue franking machine
GN 361/GG 32059/27-03-2009 *


  Government, General and Board Notices
Division of Revenue Act 2 of 2008

Allocations of municipalities whose portions of the 2008/09 Local Government Conditional Grants have stopped
GN 388/GG 32074/31-03-2009

Electronic Communications Act 36 of 2005

Individual Commercial Free to Air Sound Broadcasting Service : Licence (1-85) for the provisioning of broadcasting services
GN 330/GG 32072/27-03-2009

Notice in terms of section 4(7), section 30(2) and section 31(4)c
GN 344/GG 32083/31-03-2009

Party Election Broadcasts (PEBs) and Political Advertisements (PAs) during election period
GN 338/GG 32075/30-03-2009

Films and Publications Act, 1996

Film and Public Board : Restricted to adults only
GN 385/GG 32074/31-03-2009

Local Government : Municipal Finance Management Act 58 of 2003

Effective date for municipalities to comply with the upper limits with respect to the rate ratios between residential and non-residential properties as they relate to agricultural and public service infrastructure properties : 1 July 2009
GN 364/GG 32062/27-03-2009


  Consumer Price Index
February 2009 = 8,6

All items (Base 2000 = 100)
GenN 333/GG 32067/03-04-2009 *


* Source : Mary
** Source : OSALL (Juta Statutes Team)

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

 News on the Electronic Front
   Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za ; http://www.saflii.org/za/cases/ZACC/

Hlophe poses dilemma for top court  - 25 April
Western Cape Judge President John Hlophe's appeal to the Constitutional Court raises an unprecedented dilemma. He is asking a court to adjudicate the conduct of all its judges. But the Constitutional Court judges previously argued there was no "constitutional crisis" as Hlophe believed , and indicated how to deal with such an appeal. The Supreme Court refused to hear the case and the judgment of the lower court stood. But Hlophe's attorney, Lister Nuku, argues that only the Constitutional Court is the final arbiter of constitutional issues and it is "untenable" that the Supreme Court of Appeal should be the final court. - Business Day website

How low can you go? - 24 April
Having perused the founding affidavit prepared by his lawyer, Lister Nuku, in this appeal, I also have to say that the Judge President and his lawyers are definitely getting better at arguing this case and have prepared a relatively coherent - if not legally particularly plausible - document. However, the intentions lurking in this document are deeply troubling and reflects very poorly on the integrity of the Judge President and his lawyers. - Pierre de Vos on the Constitutionally Speaking blog


Labour Appeal Court - http://www.saflii.org.za/za/cases/ZALAC/

Johannesburg

10 March 2009
JA 35/06 [2009] ZALAC 1
Business and Design Software (Pty) Ltd and Another v Van der Velde


Eastern Cape High Court : Grahamstown (Previously Eastern Cape Division) - http://www.saflii.org.za/za/cases/ZAECGHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=283

24 April 2009
105/2009 [2009] ZAECGHC 2
Eastern Cape Development Corporation v Sotran Trading 3 CC and Others

3 April 2009
CC06/09 [2009] ZAECGHC 21
S v Nkawu

Housebreaking with the intent to rape and rape

2 April 2009
CC06/09 [2009] ZAECGHC 20
S v Nkawu
Housebreaking with the intent to rape and rape


Eastern Cape High Court : Port Elizabeth (Previously Eastern Cape Division) - http://www.saflii.org.za/za/cases/ZAECPEHC/2009/1.html

21 April 2009
978/2009 [2009] ZAECPEHC 11
Campher v Cushing
The applicant seeks an order dispensing with the respondent's consent to the parties' child traveling with the applicant from South Africa to London where the applicant will undergo medical treatment


KwaZulu-Natal High Court : Durban (previously Natal Provincial Division) - http://www.saflii.org.za/za/cases/ZAKZDHC/  ; Court rolls via http://www.lawlibrary.co.za/notice/highcourts/index.htm and http://www.saflii.org/blog/?page_id=197

Brothel owner loses property - 29 April
In a first for KwaZulu-Natal, a house belonging to a brothel keeper has been forfeited to the State. And the judge who granted the order against Lorna Monica Bosch says he hopes the message will go out to others "that this conduct will not be tolerated by the courts". Durban High Court Acting Judge Ben van Heerden also warned Bosch "to be careful" because there was "more than a hint in the (court) papers that she also owns other properties which are likewise utilised". The house in question is situated at Isleworth Avenue, Montclair. The judge said based on conservative estimates of income of R1,8-million over seven years, the forfeiture of the house, valued at about R400 000, was not unreasonable. He also ordered the forfeiture of R13 400 in cash which was seized during the two raids. The house will now be sold and the proceeds deposited in the criminal asset recovery account. - IOL website


KwaZulu-Natal High Court : Pietermaritzburg (previously Natal Provincial Division) http://www.saflii.org.za/za/cases/ZAKZPHC/ ; Court rolls via http://www.lawlibrary.co.za/notice/highcourts/index.htm and http://www.saflii.org/blog/?page_id=190

24 April 2009
363/2009 [2009] ZAKZPHC 16
Ithubalethu Hospitality Enterprise (Pty) Ltd v Ntenga and Others
Application for rescission of an order granted in this Court on 1 April 2009 evicting the respondents from the Ingqayizivele Hostel and adjoining properties in Madadeni, Newcastle

FSB acts against Edwafin - 25 April
Take great care before investing in Pietermaritzburg-based company Edwafin Holdings. The company, which has attracted more than R200 million in investments, mainly from pensioners and teachers, is the subject of a liquidation application, a curatorship application (by its own directors) and the attention of the Financial Services Board (FSB). The Pietermaritzburg High Court has deferred making a decision on the liquidation and curatorship applications until May 18, but the FSB has acted. Gerry Anderson, the FSB's deputy executive in charge of financial advice, says it has suspended the financial services provider licence of Edwabond, a wholly owned subsidiary of Edwafin. - Personal Finance website


North Gauteng High Court (previously Transvaal Provincial Division) - http://www.saflii.org.za/za/cases/ZAGPPHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=79

24 April 2009
50711/2008 [2009] ZAGPPHC 3
Khumalo and Another v South African Reserve Bank and Another

Bank to appeal ruling on Khumalo - 28 April
The Pretoria High Court had granted the Reserve Bank leave to appeal a judgment that set aside a notice to attach businessman Mzi Khumalo's assets, Gerhard Rudolph, the attorney representing Khumalo, said on Friday. Rudolph said the matter would now proceed to the Supreme Court of Appeal. He added that judgment would probably be handed down in the first part of next year. - Business Report website

State to pay woman after attack - 29 Apri
The state has agreed to pay R2,85-million in damages to an 80-year-old woman who was brutally attacked in her home by a youth who was released from a reformatory after only serving about a year and a half in the facility following a murder conviction. Miriam Buchalter blamed her misfortune on the authorities, whom she said had a duty to care after her and other citizens by not allowing criminals to roam the streets. Buchalter initially claimed R7,4-million in damages from, among others, the Mpumalanga MECs for Education and Health under which the reformatory falls, from central government and from the Mpumalanga provincial government. Although all these parties at first opposed the claim, they yesterday agreed to pay the damages. This agreement was made an order of court by Deputy Judge President Jerry Shongwe. The youth was on June 2, 2002 convicted in the East London Regional Court of murdering Phyllis Rossiter van den Meden. - IOL website

Elderly woman critical after Selborne attack - 28 January 2004
An elderly Selborne woman is in a critical condition and fighting for her life in the intensive care unit at St Dominic's Hospital after she was savagely attacked in her home on Monday and left for dead. Miriam Buchalter, 70, a retired professional social worker and well known in local circles, sustained serious head injuries after she was allegedly kicked and beaten with fists. A hospital spokesperson said Buchalter had suffered swelling to the brain and was on a ventilator. Yesterday Buchalter's husband, Max, a retired lawyer turned estate agent, said he was horrified by the incident. - Dispatch Online website

'Advocate Barbie' Case

Hell awaits Prinsloo in SA, says father - 28 April
When Johan Prinsloo said goodbye to his son Dirk as the latter left on a business trip to Russia in November 2005, he said farewell in his heart, fearing it could be the last time he would see his eldest child. He said it was best for Dirk not to return to South Africa. "He is a fugitive. If he returns he will go to jail immediately. We all know what will happen to him there. Now, even though he is away from his family, and we haven't had any contact in more than three years, he is at least free," Prinsloo said. Meanwhile, Visser's mother has also given an interview in which she described how her family was dealing with the situation. "We do not feel comfortable with him now sending emails around and knowing he is reading everything (which is said in court)," Susan Lemmer told The Star. Lemmer and her new husband, Professor Johan Lemmer, a well-known sexologist, feel the police are not doing enough to trace Prinsloo. - IOL website

Presidential Pardons

Motlanthe pardons halted - 29 April
The High Court in Pretoria on Wednesday granted an interim interdict preventing President Kgalema Motlanthe from granting pardons to more than 100 prisoners convicted of politically motivated apartheid crimes. Judge Willie Seriti ruled in favour of a coalition of civil society groups who had brought the urgent application. - iafrica website

Freeze on pardons 'a victory' - 29 April
An interim North Gauteng High Court order freezing the granting of presidential pardons for politically motivated apartheid-era crimes was yesterday welcomed as a "massive victory for freedom of expression". Judge Willie Seriti interdicted the President from granting special pardons pending the finalisation of an application either to stop the pardon process altogether, or to halt it until victims had been given an opportunity to make representations. Melissa Moore of the Freedom of Expression Institute welcomed the ruling as "one big step forward". "We're ecstatic. It's a huge win for access to information. We believe the process (followed by the Reference Group) was unconstitutional because it excluded full disclosure of the offences (and) input by victims and was conducted under a blanket of secrecy", she said. Judge Seriti said the practical effect of a parole and a pardon were the same. "I cannot find any justification for allowing victims of crime to be heard prior to a prisoner being released on parole, but to deny the same right to a victim in the case of a pardon", he added. - The Citizen website

Court backs civil society by blocking political pardons - 29 April
The court decision today that blocks South Africa's president from granting pardons for political offenses until victims are given a greater role in the proceedings is a major victory for victims' rights and the rule of law, the International Center for Transitional Justice said. "This court decision reminds South Africans that the views of victims cannot be ignored", said Juan E Mendez, president of ICTJ. "It's a reminder to the world that even in political transitions, courts must and can demand full disclosure of the truth and protect the rule of law". - allAfrica website

Vlok pardon application delayed - 30 April
Apartheid minister Adriaan Vlok and ex-police chief Johann van der Merwe are among the 100 prisoners who will not be granted pardons soon following a court ruling this week, Beeld newspaper reported on Thursday. - IOL website


North-West High Court - http://www.saflii.org.za/za/cases/ZANWHC/2008/

'Residents are not negotiating in good faith' - 28 April
The Tswaing municipality in the North West was turning to the courts to compel residents withholding their taxes in protest against poor service delivery to pay up. This was after residents of Sannieshof, one of the three towns falling under the municipality opted to withhold their taxes, placing it in a private fund until service delivery improved. Tswaing municipal manager Dakota Legoete said residents would be taken to the court should they fail to adhere to the letters of demand sent to them. - IOL website


Western Cape High Court (previously Cape Provincial Division) - http://www.saflii.org.za/za/cases/ZAWCHC/ ; Court rolls at http://www.saflii.org/blog/?page_id=134

Glenister renews challenge to Scorpions - 28 April
Businessman Hugh Glenister has renewed his court challenge to the legislation disbanding the Scorpions. A full bench of the Cape High Court will sit on June 2 to hear his application as an urgent matter. Acting judge president Jeanette Traverso, sitting in chambers, set the June date for the hearing by consent, and said she would allocate three judges. The respondents include the president of the republic, the ministers of justice and of safety and security, and the head of the National Prosecuting Authority (NPA). Glenister's attorney Kevin Louis said on Tuesday that the basis of Glenister's new application was essentially the same as the one he brought last year. However new grounds had been added, among them that the public participation process around the bills had been defective. There was also new material on labour law issues, and a contention that scrapping the unit violated a United Nations convention on fighting corruption, that South Africa was signatory to. - Mail & Guardian website
Keyphrases :
National Prosecuting Authority Amendment Bill
SAPS Amendment Bill

Glenister back for elite police - 29 April
The man who spent millions fighting the Scorpions' demise is back in court. This time Hugh Glenister is asking the courts to declare unconstitutional and invalid the legislation that was used to disband the Scorpions to form the Directorate of Priority Crime Investigation. The legislation came into effect on February 20. Yesterday, the Johannesburg businessman's legal team appeared before Judge Shanaaz Meer in the Western Cape High Court in Cape Town. - The Times website

'An exaggeration or he is lying' - 29 April
Former police superintendent Marius van der Westhuizen was a dishonest witness who tried to cast himself as a victim of his circumstances, State prosecutor Mornay Julius has submitted in his closing arguments in the Cape High Court. Van der Westhuizen is accused of murdering his three children, Bianca, 16, Marius, 5 and Antoinette, 21 months, in Jul 2006. The trial started three years ago. - IOL website

Court grounds helicopter sale - 29 April
The High Court has stopped controversial city businessman Gary van der Merwe from selling helicopters and helicopter parts, worth an estimated R50-million, to the highest bidder at public auction. The order was granted by the Western Cape High Court to halt the auction on Tuesday morning after lawyers for Swiss businessman Arnoldo Lascala filed an urgent application last week when their client became aware the items at auction had not yet been paid for. - IOL website


Magistrates Courts

Brixton

Justice denied : abducted domestic lambasts the court - 30 April
Angelina Mulabisana refused to leave the Brixton magistrate’s court yesterday after the state withdrew the charges against her former bosses who allegedly kidnapped and assaulted her after a robbery in their home. State prosecutor George Maphanga withdrew the charges against Dr Hafiz Timol and his sons-in-law Bilal Ahmed and Hashim Jadwat without giving the court any reason. Mulabisana was allegedly assaulted and held captive for eight days by the three after a robbery at Timol’s home. They allegedly also pointed a firearm at her family members when they came to rescue her. - The Times website

Durban

Court set date for pub shooting trial - 27 April
On Friday, Inspector Samuel Steven, 39, of Point Police Station, Inspector Leon Steven, 33, of Mayville Police Station, Naeem Sadick, 22, Nithanandan Ganes, 37 and Julian Naidoo, 31, appeared in the Durban Magistrate's Court on three charges of murder and two of attempted murder. Information at the time of the shooting indicated that a remark about penis size had led to racist taunts and the murders of the three men, Shawn Strydom, 32, Nick Jansen van Rensburg, 57, and Rory Menzes, 40. Prosecutor Romy McGrath told the court on Friday the trial date had been set for September 14 to 25 at the Durban High Court. The legal representative for the accused, Zane Haneef, said the trial date was suitable. The Steven brothers are on bail of R5 000 each, while Ganes, Naidoo and Sadick are on R3 000 each. - IOL website


Broadcasting Complaints Commission of South Africa - http://www.bccsa.co.za/

Tokolosh rape interview gets thumbs-up - 28 April
A Free State radio station's interview with a man who claimed he was being raped nightly by a tokolosh did not exceed the bounds of freedom of expression, the Broadcasting Complaints Commission has ruled. In the ruling, released on Tuesday, the commission dismissed one complainant's claim that Radio OFM had made fun of a mentally ill person by broadcasting the interview. - IOL website


Competition Commission, Tribunal and Appeal Court - http://www.compcom.co.za/ ; http://www.comptrib.co.za/

Collude at your peril - 28 April
The competition commission has endorsed the Competition Amendment Bill, a view that puts it at odds with president Kgalema Motlanthe, who tried to have the bill changed but failed. Nandi Mokoena, strategy manager at the competition commission, says the commission is satisfied with the bill's personal criminal liability and complex monopoly provisions. - iafrica website

Competition Tribunal

Lewis has keen eye on competition pitfalls of crisis - 29 April
David Lewis trained as an economist. He served on the task team that advised the trade and industry minister on developing competition policy and drafted the Competition Act. When the act came into effect in 2000, Lewis was appointed as the chairman of the competition tribunal, a position he still holds. Etienne Swanepoel interviewed Lewis last week to seek his views on the global financial crisis and what it means for competition policy and regulators. - Business Report website


   Government and Legislation

South Africa Government Information - http://www.gov.za ; http://www.polity.org.za ; http://www.buanews.gov.za/

Statements and Speeches

30 April 2009
Monetary Policy Committee statement

29 April 2009
Statement on the Cabinet meeting held on 29 April 2009

Keyphrases :
Elections 2009
Swine Flu

28 April 2009
National Youth Policy 2009 to 2014 has been approved by Cabinet

6 April 2009
Task team appointed to investigate allegations of corruption in property management


Legislation

Consumer Protection Bill

Consumer bill could create prepaid card headache - 29 April
The Consumer Protection Bill, intended to protect consumers from unscrupulous service, will also regulate prepaid cards, a legal expert said on Wednesday. "The intention is to protection consumers who buy prepaid airtime vouchers and gift vouchers, but it may also create further obligations for businesses that issue them", said Ina Meiring, a director at Werksmans Incorporating Jan S de Villers in a statement. - Business Report website


   Useful Links and Items of Interest

Legal Profession

South Africa

Raising the Bar for Sir Sydney - 25 April
Sir Sydney Kentridge has been called "an elder statesman of the Bar" by the Times of London, while that city’s Independent has described him as "the embodiment of the barrister's argument that substance should always prevail over style". This time it was the Johannesburg Bar Council's turn to heap praise on a man who has represented icons such as Nelson Mandela and Steve Biko and who has served as an acting judge on the Constitutional Court. - The Times website

Interdict prods ECDC lawyer to get legal - 28 April
An East London lawyer who sits on the Eastern Cape Development Corporation (ECDC) board is off the hook following an interdict from the Cape Law Society to stop her operating as an attorney. Nothemba Mlonzi of Mlonzi & Co Inc was interdicted by the society after allegedly failing to obtain a 2009 Fidelity Fund Certificate on time. The matter reached the Grahamstown High Court in March this year. This week, Mlonzi provided the Daily Dispatch with a copy of her 2009 Fidelity Fund Certificate. Mlonzi said since the story was published in the Daily Dispatch and on the Legalbrief online website, her image had been tainted among the legal profession. But a response from the lawyer instructed by the Cape Law Society, Mark Nettelton, showed that Mlonzi only got her Fidelity Fund certificate after the application had been made in the Grahamstown High Court. The matter against Mlonzi was withdrawn by the society. - Dispatch Online website


South Africa

Arms and Ammunition

Gun-owner groups up in arms - 26 April
The lack of compensation for firearms handed to the police for destruction would contribute to a proliferation of illegal firearms, the Black Gun Owners' Association of South Africa (BGOASA) has warned. This was because firearm owners were prepared to sell their firearms to anyone willing to pay, including criminals who were prepared to buy any weapon of which the serial number had been removed. Abios Khoele, the chairman of the BGOASA, said the only people buying guns at present were those wanting illegal ones. - IOL website

Company Law

How to go bankrupt - 28 April
When a business closes down there are many expenses that need to be covered, such as retrenchment payouts, legal expenses, lease installments, rentals and interest that continue after closure. If these expenses are not tax deductible, they become very costly indeed. David Warneke, a Tax Partner at Cameron and Prentice Chartered Accountants, discusses the parameters of expenses that qualify for tax deductions. - Cape Business News website

Finance

Credit providers take on debt - 29 April
An initiative that will attempt to drag millions of overindebted consumers out of the mire is to be launched by the Banking Association of South Africa and other credit providers in May. This comes after the latest Credit Bureau Monitor for the quarter to December showed that only 10.2 million consumers were in good standing. The figures were released by the National Credit Regulator (NCR). - Business Report website

Standard cuts CEO's bonus as bad loans climb - 28 April
Standard Bank, Africa's largest bank, cut CEO Jacko Maree's bonus 35% after profit growth slowed and bad loans increased. Maree received a basic salary of R4,6m, a bonus of R8,5m, along with pension contributions and benefits that gave him a total salary of R14,1m for 2008, the bank said in its annual report last week. Maree earned R4,5m in basic pay the previous year, or R18,6m including bonus and pension. - Moneyweb website

M&F exec pay questioned - 29 April
Mutual & Federal  was castigated at the annual general meeting (AGM) in Johannesburg Wednesday for not spelling out its remuneration policies clearly in the annual report. M&F paid directors and senior managers bonuses after retrenching 20% of its workforce, passing its dividend and declaring a R128m attributable loss in the year to December. Shareholder activist Theo Botha said it was bad corporate governance that the annual report provided no measurables by which directors could be evaluated. He didn't know how M&F's corporate governance was not aligned with that of Old Mutual. - Moneyweb website

Human Rights

South Africa : stop deporting Zimbabweans - 30 April
The South African government should immediately halt detaining and deporting Zimbabweans from South Africa in violation of the government's recently announced moratorium, Human Rights Watch said today. On April 16, 2009, South African police drove a group of Zimbabweans detained at a police-operated military base in Musina to the Zimbabwean side of the border, even though South African border officials - complying with the government's moratorium - refused to grant them exit documents. The deported Zimbabweans were then refused entry into their country on the grounds that they could not prove their nationality and were then driven back to the military base in Musina and detained once again. - Human Rights Watch website

KwaZulu-Natal

KwaZulu-Natal makes 2010 history! - [29 April]
The Province of KwaZulu-Natal, home of the FIFA 2010 Host City Durban, has made history by becoming the first province in South Africa to launch a Provincial 2010 website. The website provides information, news and updates on the provinces preparations and developments for 2010. - KwaZulu-Natal Top Business website

Keyphrase :
2010 FIFA World Cup

See :
KwaZulu-Natal Province 2010 website

Labour Issues

Union asks teachers to join action - 28 April
The South African Democratic Teachers' Union has asked teachers at KwaZulu-Natal schools for a "chalk-down" in sympathy with striking administrative staff. More than 5 000 provincial department of education staff last week joined the strike, which began on March 26. They are demanding that the provincial education department attend to claims of alleged racism, discrimination against Pietermaritzburg staff, who did not receive service bonuses last year and the non-payment of their performance bonuses since 2006. - The Times website

Sadtu to oppose court order on strike - 27 April
The SA Democratic Teachers' Union (Sadtu) say they are ready to challenge the KwaZulu-Natal Education Department after it issued them with a court order preventing them from continuing their strike action. Sadtu provincial secretary KK Nkosi was speaking after the Labour Court, on Friday, issued a court order on the "illegal" strike action by the department's office-based employees, who are members of Sadtu. The court order restrains Sadtu and its members from engaging in, or continuing with an unprotected strike or inciting or forcing employees of the KZN Education Department to participate in or continue with an unprotected strike. - IOL website

Sadtu must return to work or face dismissals - 28 April
The South African Democratic Teachers Union in KwaZulu-Natal vowed to defy a court interdict that the education department won last week against its illegal strike. But the department advised strikers to report for work this morning or face disciplinary action, including dismissal. Sadtu said none of its office workers at the department in Durban, Pietermaritzburg and Empangeni will be at work today. The department sought the urgent court order last week after thousands of its workers went on strike. The interdict ruled the strike illegal and allowed the department to take disciplinary action, including dismissals, against workers. - The Sowetan website

Blackout threat : education MEC says strike is illegal and 7000 workers could be dismissed - 30 April
The KwaZulu-Natal education department will follow through on its warning to dismiss 7 000 striking administrative workers and cleaners, education MEC Ina Cronje warned yesterday. The department said a large number of administrative workers went on strike last week at key offices in Durban and Pietermaritzburg. The South African Democratic Teachers Union maintains that the department employs about 11 000 administrative workers and several thousand are on strike in several areas of the region, including Pietermaritzburg, Durban, Empangeni and Port Shepstone. - The Sowetan website

Striking doctors face being sacked - 28 April
As hospitals in the northern areas of Tshwane turn patients away, the Health Department is threatening to fire hundreds of striking doctors. More than 336 doctors from Dr George Mukhari Hospital and 24 from Jubilee Hospital have ignored a court interdict issued on Friday barring them from striking. The doctors are demanding occupational specific dispensation (OSD) payments, which then Health Minister Manto Tshabalala-Msimang promised in June 2007 would be implemented in 2008. On Monday a spokesperson for the striking doctors, Dr Rapitse Malatji, said the strike was continuing and affected "many hospitals" across the country. Both the SA Medical Association (Sama) and Cosatu urged the doctors to return to work.
On Monday the striking doctors met Sama and a mediator, said Malatji. "Sama should not represent us. We want to be directly involved", he said. Malatji was dismissive of the Public Service Co-ordinating Bargaining Council, where the department finally tabled an OSD proposal on Friday. The council meets again later on Tuesday. - IOL website

Hogan 'lied about salaries' - 24 April
Health Minister Barbara Hogan lied when she said she already had the Occupational Specific Dispensation (OSD) proposal for doctors on hand, said the National Union of Public Service & Allied Workers (Nupsaw) on Friday. General secretary Success Mataitsane said: "We are disappointed and disgusted that the Minister lied to us about already having the OSD proposal with salary structures and working conditions". However, the Public Service Co-ordinating Bargaining Council said in a statement that an OSD proposal was tabled during the first negotiations meeting that took about two hours on Friday. - IOL website

25 April 2009
Labour court grants order against striking doctors
SA Government Online website

Labour Court grants order against striking doctors - 27 April
The Gauteng Health Department has obtained an interdict against doctors taking part in an illegal strike. The Labour Court granted the order in favour of the department, saying that all doctors are restrained from participating the strike action which has been found unlawful. The order urges doctors to return to their workstations immediately and striking doctors will be held liable for costs incurred by government in relation to its legal expenses. - BuaNews Online website

Manto to blame for strike - 27 April
Manto Tshabalala-Msimang's broken promise - made as a strike-breaking deal in 2007 - has come back to bite her former department. - IOL website

We are not on strike, but on action : doctors - 28 April
While the authorities at Chris Hani-Baragwanath Hospital were insistent on Tuesday that things were running as normal, a group of doctors was equally insistent that a "Bara disgruntled doctors committee" was in place. - IOL website

Striking doctors issued with dismissal letters - 28 April
Striking doctors have received letters of dismissal over a work stoppage which centres on grievances over pay and working conditions, Dr Bandile Hadebe said on Tuesday."They have been handed letters of dismissal," said Hadebe, chairperson of the Junior Doctors' Association, an affiliate of the South African Medical Association (Sama). - Mail & Guardian website

Nurses join the fray over doctors' strike - 29 April
Nurses yesterday asked the Health Department to lift its threat to fire doctors striking over pay and working conditions. Democratic Nursing Organisation of SA (Denosa) spokesperson Asanda Fongqo said many doctors were returning to work, making the department's issue of dismissal letters "unfortunate". "We therefore appeal to the department to withdraw the dismissals thus giving the bargaining process a chance to bring the (Occupation Specific Dispensation, or OSD ) matter to its logical conclusion", said Fongqo. "We further reiterate that those doctors that have not yet returned to work should also heed the call and duly do so". - Dispatch Online website

Agreement reached to end doctors' strike - 29 April
 It's business as usual at all hospitals following an agreement reached between the Department of Health and the South African Medical Association (SAMA) to end the illegal strike by doctors with immediate effect. During a meeting on Tuesday, all parties recommitted themselves to the negotiation process currently underway in the Bargaining Chamber. - BuaNews Online website

Metrobus halts services today as strike looms - 28 April
Metrobus, Johannesburg's municipal bus service, said yesterday that it planned to halt its bus service today in anticipation of a strike that threatened to affect thousands of commuters, who use its buses to get to work and school.  The SA Municipal Workers' Union (Samwu) gave notice of the strike on April 9 and had to fend off Metrobus's legal challenge to stop the strike but o n Friday the Labour Court permitted the union to take to the streets. Samwu spokesman Dumisani Langa said workers had vowed to strike until their demands, mainly involving salaries, were met. - allAfrica website

Land Affairs and Property

Real estate a target for launderers - 30 April
Estate agents are susceptible to and are increasingly being targeted by money launderers, as other ways of banking ill-gotten wealth are being closed. This is according to an Institute of Security Studies advisory on the measures required to control money laundering in the real-estate industry. Thobani Matheza, a researcher dealing with organised crime and money laundering, said the amount of money to be made in both residential and commercial real estate was fertile ground for fraud and money laundering. - IOL website

Development

Vetch's plan 'sets wrong precedent' - 29 April
The decision to approve a new yachting marina and luxury apartments at Vetch's Pier in Durban had set a negative environmental precedent that would encourage other property developers to privatise further stretches of public property on the KwaZulu-Natal coastline. This is one of several objections to the proposed small-craft harbour development raised by the Wildlife and Environment Society of South Africa (Wessa), Coastwatch KZN and other interest groups as part of a formal appeal process that expired on Tuesday. - IOL website

Economic crunch hits CBD hotel project - 29 April
The first major property development in the city has gone bust, in one of the clearest signs that Cape Town is not immune to the global economic meltdown.  The Phoenix Hotel in Strand Street, which would have been the subject of a R320-million development, will be auctioned on May 20 by Alliance Group, after the developers went into liquidation last year. The developers had planned to convert the 81-year-old Phoenix into a hotel with 400 rooms, 140 residential units and a retail section on the ground floor. - IOL website

Land Claims and Expropriation

Community wins land dispute claim - 27 April
A bitter, decade-long land dispute between a sugar company and a KwaZulu-Natal community has ended with a settlement worth hundreds of millions of rands in favour of the community. Agriculture and Land Affairs Minister Lulu Xingwana yesterday held a ceremony to announce that the Dube community in the Ilembe District Municipality (near Stanger) would receive 2 741ha of land worth R754-million. The community had rejected a R20m offer by the SA Sugar Association and the eLan Group to buy the land off them. - IOL website

Red tape lapse threatens huge land claim - 29 April
A massive land claim in a prime agricultural area near Brits in the North West is likely to collapse after the intended beneficiaries failed to notify the Land Claims Court of their wish to pursue their claim in court, an oversight that landowners say means the claim has been effectively withdrawn. Much of the land has been lying fallow since 2004, when notices of the land claims were first published in the Government Gazette. The Geluk land claims committee, which represents the owners of about 200 of a total of 300 properties in the district, opposes the land claim on legal and historical terms, chiefly because, the landowners say, the communities received adequate compensation for their land at the time of dispossession in the early 20th century. The claimants, the Bapo-Ba Mogale and Bakwena Ba Mogopa communities, dispute that, saying land received in compensation was under their beneficial occupation long before the dispossessions, implying they were granted their own properties. They say also that the quality of the compensatory land does not compare with that of the dispossessed land. - Business Day website

Maritime Law

SA ports at centre of economic storm - 26 April
In South Africa, lawyers can seize the assets of bankrupt or defaulting firms. South African harbours are rapidly becoming maritime graveyards as growing numbers of ships are grounded by the global
recession. The vessels, all foreign owned, are now collecting water, rust and seagulls as their owners' financial difficulties mount. Transnet this week confirmed there are at least 15 vessels under "arrest" and therefore stranded at South Africa's main ports. The number of such cases affecting South Africa has also risen due to recent legal obstacles for claimants in New York, where it was previously possible to obtain attachment orders in lieu of payments. "It is a problem. In the last recession we had sometimes 10 ships under arrest in Durban, which clogged it up", said Shepstone & Wylie partner Shane Dwyer. "In the end the port went to court and got a ruling that they were entitled to move the ships off working berths. Now if the port says the port is congested, then the sheriff has to decide whether to send vessels to the outer anchorage and put guards on them, to make sure they don’t make a run for it".  - The Times website

Media

Shower of criticism has Zuma fans sputtering - 29 April
Supporters of South Africa's next president are fighting against a barrage of caustic satire, raising worries of a free-speech crackdown. In a country where Mr Zuma has a near-monopoly on power, where his ruling African National Congress has just recorded an overwhelming majority for the fourth consecutive election, fearless satirists such as Zapiro have emerged as the true opposition. South Africa has a long tradition of biting satire. Political commentary here is sharper and more acerbic than almost anywhere else in the world. But many of Mr Zuma's supporters are unhappy with the mocking portraits of their hero, and there is mounting pressure on the satirists to become a little more deferential. - Globe and Mail website
Keyphrases :
Jonathan Shapiro
Nando's. Julius Malema
Pieter-Dirk Uys. MacBeki
SABC. Special Assignment. Political Satire

www.hayibo.com
Zapiro. Lady Justice
Zapiro. Showerhead

See also :
InfoUpdate no.9 of 2009. Media. Political satire

Icasa must rule on Snuki despite his departure - 29 April
Snuki Zikalala is leaving the SABC. It will be interesting to see whether this in any way prompts the alleged watchdog of the broadcasting industry, Icasa, to deliver judgement on the hearing it granted to the Freedom of Expression Institute and the Friends of the SABC on Zikalala’s blacklisting of media commentators he considered critical of former president Thabo Mbeki in particular and the ANC in general. - Michael Trapido on the Thought Leader website
Keyphrases :
Broadcast Act. Section 10(1)D
Constitution.Section 192

Jacques Pauw
John Perlman
Paula Slier
Pippa Green
William Mervin Gumede

Zikalala's departure : ANC distances itself - 29 April
The ANC played no part in the decision to end the contract of SABC news head Snuki Zikalala, the ruling party's treasurer-general Mathews Phosa said on Wednesday. - IOL website

Minerals and Energy

Pamodzi Gold liquidators choose job preservation over fire sale - 24 April
Liquidators are normally associated with selling assets as fast as possible and distributing the proceeds to the creditors. But not so the provisional joint liquidators of Pamodzi Gold's North West, Free State and East Rand gold mines. Laudably, the team of Enver Motala of SBT Trust, Allan Pellow of Westrust, and Deon Botha of Corporate Liquidation, have instead opted to preserve the 15 000 permanent and contractor jobs involved, keep food on the tables of some 100 000 people, and engage JIC Mining Services, of Midrand, to resuscitate the revenue cycle and turn the Orkney, President Steyn and Grootvlei gold mines to positive account. These liquidators are sensitive to the socioeconomic importance of continuing to operate Pamodzi Gold's mines and are steering clear of the usual 'fire sale' approach. But while they are being soft on people, they intend being hard on outcomes, says Motala, assuring Mining Weekly that he will leave no stone unturned to determine the causes of Pamodzi Gold’s corporate failure. - Creamer Media's Mining Weekly website

'We won’t survive the weekend' : Pamodzi Gold East Rand GM - 28 April
"We've got 12 hours of pumping left. We won’t survive the weekend", a desperate Pamodzi Gold GM East Rand Operations Graham Chamberlain told Mining Weekly Online on Tuesday. Chamberlain said that once pumping ceased, it would be a matter of days before Pamodzi Gold would be faced with the dramatic decision of either allowing the underground pump station to flood, which would have catastrophic repercussions for the East Rand basin, or of breaking the law by pumping untreated acid mine drainage (AMD) water on to the surface. When Mining Weekly Online called on Tuesday morning, Chamberlain had still not received any news on financing, neither the promised R2-million-plus-a-month government subsidy, nor the bridging finance meant to be put in place by the liquidators. - Creamer Media's Mining Weekly website

Now R5m from government for Pamodzi Gold water problem missing - 29 April
A sum of R5-million said by government to have been paid over to Pamodzi Gold to solve its rising water problem is missing. Pamodzi Gold East Rand GM Graham Chamberlain told Mining Weekly Online on Wednesday that the money had still not been received but government spokespersons say that it has been deposited. - Creamer Media's Mining Weekly website

ArcelorMittal reports loss of R237-million - 29 March
ArcelorMittal SA reported a headline loss of R237-million for the first quarter of 2009, the steel giant said on Wednesday. This compared with a R1,1-billion profit for the fourth quarter of 2008. - Mail & Guardian website

Steel group says jobs may come under threat if poor market persists - 29 April
Steel producer ArcelorMittal South Africa – which has hitherto refrained from retrenching permanent staff, despite increasingly torrid market conditions – indicated on Wednesday that it could not give "any guarantees" on the employment front. Speaking during a media conference call, CEO Nku Nyembezi-Heita said that she "simply cannot say" whether jobs could be safeguarded across the entire group, lamenting that there were no immediate prospects for a recovery in demand and prices. - Creamer Media's Engineering News website

National Prosecuting Authority

Zuma Case : Dropped Charges

Mpshe leaves decision on evidence to Zuma - 25 April
National Prosecuting Authority head Mokotedi Mpshe has balked at handing over all the evidence that persuaded him to drop charges against ANC President Jacob Zuma. Instead of providing the Democratic Alliance with all the information that led to his decision, Mpshe on Friday left it to the ANC president to permit the release of the confidential representations that secured the withdrawal of all charges against Zuma. Mpshe's stance has effectively stopped the flow of all information about his decision to drop charges against Zuma - including prosecutors' memos and statements about why the case against him was solid and should stand - from being released before Zuma takes his place at the Union Buildings. - IOL website

Zuma ignores NPA demand - 30 April
President-elect Jacob Zuma has ignored acting prosecuting head Mokotedi Mpshe's request to respond to a court bid that would expose all the evidence that led to his release. - IOL website

Hong Kong judge thinks Mpshe did plagiarise - 30 April
The Hong Kong judge whose ruling was used in acting National Prosecuting Authority head Mokotedi Mpshe's explanation of why he was dropping charges against Jacob Zuma says that the failure to cite him was "sloppy and undisciplined". Now-retired Justice Conrad Seagroatt was interviewed by the independent news website Grubstreet, ba
sed in the Eastern Cape. He is quoted as saying that imaginative lawyers will often use previous judgments without going through the rigmarole of proper citation . . . "As I have said, that was a sloppy approach which even a law student would be tutored against". - IOL website

See :
Was Mpshe's Zuma decision plagiarised? The Hong Kong judge thinks so! - 30 April
Grubstreet website

What Justice Seagroatt said - 30 April
Grubstreet website

Scorpions

SAPS, Scorpions in cyber crimes limbo - 28 April
The Directorate of Special Operations' (DSO's) cyber crimes investigators are yet to be incorporated in the South African Police Service (SAPS) cyber crimes unit after the DSO was disbanded in January. The SAPS and Scorpions were expected to merge and form a super-elite crime-fighting unit, early this year, but have not yet done so. The National Prosecuting Authority's (NPA's) Web site says the prosecutors who worked in the Scorpions would remain in the NPA, while the investigators would be relocated into the SAPS. A member of the SAPS, who refuses to be named, says all the officers in the cyber crimes unit will have to reapply for their positions when the Scorpions are integrated into the police's commercial crimes office. This will leave more than 20 SAPS officers in limbo as to their future in cyber crimes. - ITWeb website

Politics

ANC's foreign funding debated - 28 April
Claims that the ANC was heavily funded in its election campaign by "China, Libya and Angola" have been made by the DA. DA spokesperson Ryan Coetzee said this kind of funding made it impossible for other political parties to compete with the ANC on an equal footing. "The ANC gets money from overseas," he said. "It claims it does not get money from the governments, but gets it from the parties. In a one-party state, the government is the party. It is the same thing. - IOL website

See also :
Government of Canada introduces legislation to strengthen accountability for political loans below

IEC hands over list of MPs - 29 April
The Independent Electoral Commission (IEC) has handed over the list of designated Members of Parliament to Chief Justice Pius Langa. The list contains the names of the members political parties have chosen to represent them in Parliament until the next General Elections. - BuaNews Online website

Excerpt :
"The list of designated Members of Parliament and of the nine Provincial Legislatures was published in the Government Gazette on 28 April 2009. The published lists are available on the IEC website at
www.elections.org.za"
Unable to access gazette online at present

Seat assignment : National Assembly
Seat assignment : Provincial Legislatures

Independent Electoral Commission : Elections 2009 website

Phosa : expect policy, structural changes in next months - 29 April
Expect a number of structural, policy and management changes to be announced in the next month or two, African National Congress (ANC) treasurer general Mathews Phosa said on Wednesday. Phosa, in a speech prepared for delivery at the Global Emerging Markets Summit in London, said president-elect Jacob Zuma's government would focus on providing services that would accelerate socio-economic transformation in South Africa. - Mail & Guardian website

Zuma shows he won't be pushed around - 30 April
ANC leader and president-in-waiting Jacob Zuma stood his ground against pressure from his allies to impose their preferred candidates on him. It is believed he reminded the SA Communist Party and Cosatu, which were still quibbling about their preferred premier candidates being ignored, that he would appoint competent people in cabinet and to lead provinces. Those close to the process said Zuma politely told the allies to rise above partisan interests and "focus on the bigger picture of building government and the country". - IOL website

Ramaphosa to replace Manuel : ANC insiders - 30 April
African National Congress (ANC) NEC member and business man Cyril Ramaphosa was most likely to replace Trevor Manuel as finance minister when President-elect Jacob Zuma announces his cabinet soon, according to reliable ANC insiders. Zuma, say insiders, has already approached Ramaphosa to take up the position. - Moneyweb website

ANC says fiscal, monetary policy to stay - 29 April
South Africa's new government under Jacob Zuma will leave the country's conservative fiscal and monetary policies in place, a top ruling party official said. African National Congress Treasurer-General Mathews Phosa said at an emerging markets conference in London the government would focus on improving public services to uplift the lives of the poor. "The incoming president will verbalise his own economic policies . . . but we have repeatedly stated that our conservative fiscal and monetary policies will remain in place", he said in a copy of a speech released on Wednesday. - Creamer Media's Engineering News website

'Shoot to Kill'

Police killed in Durban shootout - 28 April
Two police officers and a truck driver were killed in a shoot-out with robbers in Durban's Point area this afternoon. Another police officer and a bystander are recovering in hospital. One robber was shot dead and two others injured. Police managed to apprehend a fourth suspect, while another escaped. - IOL website
Keyphrase :
Al Nagra Motors

Police track and kill gunman - 30 April
One gunman was shot dead and two were arrested after a robbery at a Warwick Avenue butchery in central Durban on Wednesday. A group of men held the butchery staff at gunpoint and ran off with an undisclosed amount of money. Police spokesperson Jay Naicker said that the police were notified and tracked the robbers' escape using the city's closed-circuit television network. - IOL website

Shoot to kill, South African minister tells police - 10 April 2008
South African police must shoot to kill and ignore regulations in the battle against one of the worst rates of violent crime in the world, a government minister said. "You must kill the bastards (criminals) if they threaten you or the community. You must not worry about the regulations," said Deputy Safety and Security Minister Susan Shabangu. - Polity website

Trade and Industry

Textile industry looks at novel ways to thrive - 29 April
While the woes of the clothing and textile industry are worsening, an apparel initiative to promote a regional response to global demands shows that not everyone in the industry has surrendered to the grim outlook. A two-day African apparel business-to-business (B2B) event, linking firms across the value chain in Africa with buyers from Europe and the US, was hosted in Pretoria last week. - allAfrica website

New buttons on a tatty old coat - 30 April
Clothing and textile conglomerate Seardel, which generated sizeable
losses in the half-year to end December 2008, has relieved the 'old guard' of its duties and dressed the boardroom with sharp and smart new directors. The sweeping changes at executive level follow a change in control at Seardel from the Searll family to empowerment group Hosken Consolidated Investments (HCI). HCI underwrote a R300 million rescue rights issue in late 2008 to the tune of R250 million, which effectively gave the empowerment company outright control of the beleaguered clothing and textile company. HCI's commanding presence is reinforced with the appointment of a slew of new directors - Yunis Shaik, Amon Ntuli, Kevin Govender and Mohamed Ahmed. The truth of the matter – at least in CBN's humble opinion – is that Seardel probably needs new and energetic executives with fresh operational strategies to the effect a meaningful turnaround. Gut feel is that the new look executive team will bring a much needed new perspective on cost efficiencies – something that may be helped by the fact that HCI has a close relationship with the Clothing and Textile Union (a stakeholder and shareholder in Seardel). - Cape Business News website

Western Cape

29 April 2009
Erasmus Commission : Statement on behalf of Western Cape Premier, Ms Lynne Brown
SA Government Online website

Miscellaneous

UCT staffer wanted in US - 26 April
Listed on a website for wanted fugitives in the American state of Connecticut, UCT's embattled deputy registrar (legal services and secretariat), Paul Ngobeni, says it is all a misunderstanding. Ngobeni's image (taken from the UCT website) appears on the website for a Connecticut bail bond company along with several other suspects who had skipped bail. He also said a decision to reciprocally disbar him from practising law in Massachusetts on April 16 was unlawful, because it had been reached without a "requisite hearing". - IOL website

EL woman's plea : where's my grandson now? - 29 April
East Londoner Miranda Card waved her 25-year-old daughter Anita and grandson Waiiven goodbye in March 2002 as they flew off to a what she hoped would be a fairytale life with Anita's new husband. Less then two months later her daughter's body, riddled with 18 bullets, was found in her sister-in-law's apartment in Chicago. In March 2006 her husband, William Spates was convicted of her murder and sentenced to 88 years in prison. Miranda is still trying find out what happened to her grandson, who should be nine years old now, and her daughter's body. "Up to now, we don't know what they did with my daughter's body because the courts in America refused to give it to us to bury here in South Africa". A 2002 Daily Dispatch story about the Card family's battle with the United States courts said Waiiven was living in foster care at the time because of the court's refusal to release him to his grandmother and family in South Africa. Anyone who can help this family can call Miranda Card on 072-0709991 or contact the Daily Dispatch on 043-7022084. - Dispatch Online website


Image : Dispatch Online
EL gran fights for custody of baby in US - 12 July 2002
Dispatch Online website

SA 'too dangerous' for toddler - 22 October 2002
Waiiven Spates is not allowed to come home. He should rather be placed in foster care in America than

with his blood relatives in East London as circumstances in South Africa are "perilous". This was the ruling of an American judge earlier this month after damning evidence by a former South African academic during the two-year-old Waiiven's custody hearing. Professor Zene Magubane, formerly of the University of Cape Town and currently attached to the University of Illinois, testified about the many murders in East London, rampant Aids infection, problems with the supply of textbooks and the chaotic education and welfare system in the Eastern Cape. - News24 website

I didn't 'trash' SA : academic - 25 October 2002
News24 website

SA mule faces death in China - 28 April
A South African drug mule is facing a death sentence in China after being caught with 3kg of heroin. But Michael John McDermid's niece, who led a national campaign to assist South Africans detained abroad, after he was previously arrested for drug smuggling in Peru, has washed her hands of him. He is imprisoned in the Beijing Detention Centre, and could wait up to four years before being sentenced. - IOL website
Keyphrases :
Drug smuggling
Friends/ Family of SA Detainees Abroad (Fosada)

See also :
InfoUpdate no.7 of 2009. Drug mules

Rules of the tendering game - 30 April
The rate at which tenders have been challenged in South Africa has increased dramatically over the past year.   As a result, more decisions across the country are being challenged on the tender process as entities and tenderers are realising that there is legal recourse to action. Bulelwa Khemese, director at Werksmans Incorporating Jan S De Villiers, highlights the rules of tendering for public companies putting work out to tender and entities bidding on that tender. "The onus lies on the public body to make sure that tender decisions are transparent, lawful and procedurally fair. Public entities can expose themselves to legal action if these requirements are not met", continues Khemese. In a recent case, before the Supreme Court of Appeal a company that was awarded the tender, completely relied on the strength, competence and expertise of another entity, even though the company that was awarded the tender, did not itself, satisfy the requirements of that tender. - Moneyweb website

See also :
Supreme Court of Appeal of South Africa
29 November 2007
31/2007 [2007] ZASCA 165 ; [2007] SCA 165 (RSA) ; [2008] 2 All SA 145 ; 2008 (2) SA 481 ; 2008 (5) BCLR 508 ; 2008 (2) SA 481 (SCA)
Millennium Waste Management (Pty) Ltd v Chairperson of the Tender Board : Limpopo Province and Others

Borrowers pay for past excesses - 26 April
For some time now, auctions - which mirror events that shape and affect economies - have been reflecting the excesses of a few years ago, when many bought like crazy because banks lent like crazy. A lot of that borrowed money was used to buy the distress merchandise that's hitting the auction floors now, such as cars and properties borrowers couldn't afford. Six hundred properties is only a fraction of all the distressed properties that will come under the hammer between now and the end of May. But even if all South Africa's distressed property sales were added together, they would illustrate how well South Africa's economy was managed. They would be insignificant compared with the US, for example, where companies sell up to 5 000 houses at one auction, and the City of London, where as many as 500 houses are auctioned a day. Locally, not only property will be auctioned, nor will it all be distressed merchandise. An interesting development is that auctioneers are using the tendering process. - The Times website
Keyphrases :
Alliance Group
Aucor
Constantia Rock, Linda Street, Constantia Kloof, Roodepoort
Ellington Transport
Genesis Dyeing and Finishing
HB Auctioneers
Masingita Mining and Minerals of SA
MKB Property Development
Ngonyama Lion Lodge, Krugersdorp Game Reserve
Park Village Auctions
Peter Maskell Auctions
RubberLay

2010 :year of personal injury claims? - 29 April
South Africa must prepared for 2010 personal injury claims from the estimated 10 million visitors to the country, an insurance company said on Wednesday. Tourists will be coming from more litigious countries, raising the risk of claims against businesses catering to the tourist trade, said AIG South Africa in a statement. - Business Report website
Keyphrase :
2010 FIFA World Cup
Consumer Protection Bill


Africa

Nigeria

Locking up Nigeria's 'civil lunatics' - 29 April
The BBC's Andrew Walker visits a prison in the south-eastern city of Enugu where some people who have not committed any crime are locked up for years on end. These are people who have been taken to court, either by the police or their families, and a magistrate has jailed them - indefinitely, sometimes for life. Usually they have committed no crime, or very minor ones that may not merit a custodial sentence anywhere else in the world. But the colonial-era law allows Nigerian courts to jail the mentally ill. Prisoners' Rehabilitation and Welfare Action (Prawa) is an organisation working to get "civil lunatics" released from Nigeria's jails. - BBC News website

Somalia

Pirate update - [28 April]
Comprehensive coverage of developments. - Australia.to website

Spanish capture 'Somali pirates' - 27 April
Spanish forces have arrested nine Somalis suspected of being the pirates who attacked an Italian cruise ship. The nine were captured near the Seychelles and handed over to authorities there, officials said. The Italian cruise ship, the Melody, was attacked by a group of pirates in a speedboat in the area on Saturday. The nine are the latest suspected pirates to be arrested by international forces operating off the coast of Somalia. France has charged three people with hijacking and false imprisonment after a rescue operation involving a yacht in the Indian Ocean on 10 April. - BBC News website

Somali vigilantes capture pirates - 28 April
Somali vigilantes have captured 12 armed pirates in two boats, as coastal communities begin to fight back against the sea raiders. Regional leaders at Alula and Bargaal in Somalia's northern Puntland region told the BBC they have put together a militia of fishermen to catch pirates. They decided to act as they were fed up with their fishing vessels being seized at gunpoint by the ocean-going bandits. - BBC News website


Asia

India

Mumbai suspect is 'not a minor' - 28 April
The leading suspect in last November's deadly attacks in the Indian city of Mumbai (Bombay) is not under 18, the court trying him has been told. A team of four doctors who examined Mohammad Ajmal Amir Qasab told the court that he was over 20 years of age. The court ordered bone and dental tests on Mr Qasab after his lawyers said he should face trial in a juvenile court. Over 170 people, including nine gunmen, were killed in the attacks. Mr Qasab is charged with waging war on India. He faces the death penalty if convicted. - BBC News website


Europe

Agriculture

Who receives farm subsidies from the EU? - 28 April
Some of Europe's most closely guarded secrets must be revealed by Thursday, when a deadline passe
s for nations to make public the beneficiaries of the EU's generous farm subsidies. Those harvesting the subsidies - a system that eats up almost 40 percent of the EU's budget - among the 27 member nations must be listed publicly on internet sites, along with the amounts they earn. - Business Report website

Competition

The European Commission proposes actions to improve transparency, exchange of information and fair tax competition - 28 April
The European Commission today has adopted a Communication identifying actions that EU Member States should take to promote "good governance" in the tax area (ie more transparency, exchange of information and fair tax competition). The Communication identifies how good governance could be improved within the EU. It also lists the tools the EU and its Member States have at their disposal to ensure that good governance principles are applied at international level. Finally, it calls on Member States to adopt an approach that is more coherent with good governance principles in their bilateral relations with third countries and in international fora. The Communication builds on the existing EU policy on good governance and the recent G20 conclusions concerning uncooperative tax jurisdictions. - eGov Monitor website

The interface between regulation and competition law : Neelie Kroes - 28 April
Regulation and competition policy are very close relatives. As you probably all know relationships between close relatives can be quite complicated. That is also the case with regulation and competition. If the current financial and economic crisis has taught us anything, it is that there is a high price to pay when regulation fails, and that competition policy is essential for keeping our economy working well. - eGov Monitor website

Copyright

European Commission welcomes Parliament vote on copyright term - 24 April
The Commission welcomes the European Parliament's endorsement of a proposal to extend term of copyright protection for performers and record producers from 50 to 70 years. The Commission is also pleased that the Parliament's text has further strengthened the position of performers by introducing a new claim for session players amounting to 20% of record labels' offline and online sales revenue. According to the proposal, performers can also recover their copyright after 50 years, should the producer fail to market the sound recording. Finally, a newly introduced 'clean slate' would prevent record producers from making deductions to the royalties they pay to featured performers. - eGov Monitor website

Finance

Credit Rating Agencies : partially responsible for the current financial crisis say MEPs - 24 April
Strict rules to improve transparency and independence of European credit rating were endorsed by the European Parliament on Thursday in Strasbourg when MEPs adopted a legislative report with 569 votes in favour, 47 against and 4 abstentions. According to Members, credit rating agencies failed to detect the worsening of the financial market conditions and to adapt their ratings in time. They also failed to adapt to the new risks of the credit market, eg structured credit products (derivatives) and hedge funds. - eGov Monitor website

Foreign Policy

Foreign policy should be based on a principled approach to human rights - 28 April
Some governments take an active approach to human rights in their foreign policies. Others are more cautious or even oppose what they see as meddling into the internal affairs of others.  My view is that European governments should also pursue the values enshrined in international treaties, including the European Convention on Human Rights and the European Social Charter, in their external relations. Article by By Thomas Hammarberg, Council of Europe Commissioner for Human Rights - eGov Monitor website

France

France sanctions 'sex case' judge - 24 April
An investigating judge at the centre of one of France's biggest miscarriages of justice has been reprimanded by a panel looking into his conduct. Fabrice Burgaud, 37, headed an inquiry in 2001 that led to 12 innocent people being imprisoned on paedophilia charges, some for several years. Despite the reprimand issued to Mr Burgaud being the lightest possible sanction, his lawyers plan to appeal. They argue that he was made a scapegoat for a series of flaws involving the police and the judicial system. - BBC News website

Labour Issues

No agreement reached on the Working Time Directive in European Parliament - 28 April
Parliament and Council could not find a compromise on three crucial points : the opt-out, on-call time and multiple contracts. This is the first time that no agreement could be reached at the Conciliation stage since the entry into force of the Amsterdam Treaty which significantly extended the scope of the codecision procedure. - eGov Monitor website

Land Affairs

All new buildings to be zero energy from 2019 say MEP - 27 April
All buildings built after 31 December 2018 will have to produce as much energy as they consume on-site, says the European Parliament, amending the 2002 Energy Performance of Buildings Directive. Parliament also wants Member States to set intermediate national targets for existing buildings, ie to fix minimum percentages of buildings that should be zero energy by 2015 and by 2020 respectively. - eGov Monitor website

Reunion

Helicopter escape for cult leader - 27 April
A convicted sex offender and cult leader has escaped by helicopter from a prison on the French Indian Ocean island of Reunion, officials say. Juliano Verbard, 27, serving a 15-year term, and two followers, Alexin Jismy and Fabrice Michel, were pulled on to the helicopter

Image : AFP
by three accomplices. The accomplices had pretended to be tourists when boarding the helicopter, but then forced the pilot to land in the prison grounds before flying off. They then landed a few hundred metres away, and drove off in a waiting van. At the time of his trial, psychiatrist Gerard Toulfayan described Verbard as an "extremely powerful manipulator with great intelligence". - BBC News website

Child rapist cult leader escapes jail in chopper - 27 April
Juliano Verbard, who was serving a 15-year term for rapes and sex assaults on children, and two of his jailed followers were hauled on board a chopper hijacked by three accomplices, senior regional officials said. Verbard's flight was France's 11th helicopter jailbreak since 1986, and is bound to revive questions about security in its jails. Spectacular helicopter escapes have become an embarrassment for French penal authorities and, unlike Reunion's Domenjod, jails in mainland France now often have protective nets over their exercise yards. - AFP on Google website

Switzerland

Naked Swiss hikers must cover up - 27 April
The tiny Swiss canton of Appenzell Innerrhoden has voted to prohibit the phenomenon of naked hiking.
Anyone found wandering the Alps wearing nothing but a sturdy pair of hiking boots will now be fined. Meanwhile some Swiss lawyers are describing Appenzell's decision to prohibit naked hiking as akin to using a sledgehammer to crack a nut. "I estimate there are only around 20 to 25 naked hikers in the whole of Switzerland," says lawyer Daniel Kettiger. "So really arresting them and fining them is a bit silly. And our courts do have better things to do". What's more, Mr Kettiger points out, Appenzell may have over-reached itself legally in deciding to introduce a prohibition. "The Swiss parliament voted to remove public nudity from the penal code in 1991," he explains. "So at a federal level, naked hiking is not punishable, and Appenzell's laws are not higher than the federal ones". - BBC News website


Middle East

Afghanistan

Karzai backs down over 'abhorrent' marital rape law - 28 April
President Karzai bowed to international pressure yesterday by promising to amend a new law condoning marital rape and child marriage that provoked violent clashes in the Afghan capital. The Shia Family Law, signed by the Afghan President last month, appeared to reintroduce the draconian policies of the Taleban era, such as a ban on married women leaving their homes without their husbands’ permission. - Times Online website

Afghan women's law highlights rift - 27 April
Critics say the reason President Karzai signed the legislation last month was to shore up support among conservative clerics ahead of this summer's presidential election. On Sunday, women activists said he had told them he signed it without reading it properly. The issue highlights not only the divisions in Afghan society but challenges Western expectations. - BBC News website

Israel

Is Israel heading for clash with US? - 28 April
It is Israel's Independence Day - traditionally time for leading Israeli politicians to give big interviews about their country's past and future. Israel's new Prime Minister, Benjamin Netanyahu, has remained conspicuously tight-lipped. In a region where sparks can fly and wars can start without too much warning, Mr Netanyahu's spokesmen have announced the world view of this new Israeli government will only be revealed around 18 May. This is when Mr Netanyahu is scheduled to meet US President Barack Obama in Washington. - BBC News website

Palestine

Palestinian handed death sentence - 29 April
A Palestinian military court has condemned a man to death by hanging for treason for selling land to Israelis. Anwar Breghit, 59, was convicted by a court in the West Bank town of Hebron. He sold property near his village "that he did not own", prosecutors said. Correspondents say the sentence, which has to be approved by Palestinian Authority President Mahmoud Abbas, is not expected to be carried out. The Palestinian leader has withheld his approval in several similar cases. - BBC News website


United Kingdom

Accounting

Auditors plead for help amid fear of lawsuits - 27 April
Leading accountants will meet the Government this week to plead for protection as they prepare for a surge in litigation from investors trying to recover their losses from big company failures. The Big Four - Deloitte, Ernst & Young, KPMG and PricewaterhouseCoopers (PwC) - are braced for an increase in legal action from investors and liquidators as the economic crisis continues. - Times Online website

Company Law

New proposals to give companies breathing space - 27 April
Large and medium-sized companies facing difficulties could receive additional help under proposed changes to insolvency laws announced in the Budget this week. - eGov Monitor website

Courts

Case studies : family courts - 28 April
The rudimentary "Press" sign, stuck with Blu-Tack on the door of what moments before was an interview room, indicated that the officials at Ipswich County Court were not used to such intrusions. One looked shocked when told that The Times had entered the building, and security guards insisted that the press keep identification cards visible at all times and await court hearings in segregation from the various parties. The establishment recovered quickly, however. Within 45 minutes the flimsy "Press" sign had been replaced with a smarter, laminated version, and The Times was granted access to a care order hearing without any disruptions or objections from the various legal parties. It was only at the lunchtime recess that Judge Peter Thompson acknowledged the press in the courtroom. He emphasised that the normal reporting restrictions applying to the anonymity of children in the case still stood, but said nothing further about the new legislation and imposed no further restrictions. - Times Online website

Courts given greater power to tackle youth crime - 27 April
From Monday, courts will be able to force more young offenders to face the consequences of their crimes as changes to the law come into effect, Justice Minister David Hanson and Minister for Children Beverley Hughes announced today. Building on the success of the current sentence, courts will now be able to issue Referral Orders with greater frequency to punish youth offenders for their crimes and help discourage reoffending by requiring them to make amends to their victim as well as the community they have blighted. Referral Orders require young offenders to answer for their actions and make amends to their victims by attending a youth offender panel of community volunteers which can demand criminal damage be repaired and costs be repaid. They also allow courts to impose curfews, demand offenders stay away from specified places or people and enforce attendance at anger management courses. - eGov Monitor website

Lawyer of the Week : Jo Pizzala - 30 April
Jo Pizzala, a partner in Plexus Law, acted for the Royal Bank of Scotland Insurance in its private prosecution for contempt of court against Joanne Kirk for making false statements in a claim for damages from a road traffic accident. The High Court, in a landmark ruling on fraudulent personal injury claims, ordered Kirk to pay her legal costs of £125 000, a £2 500 fine, the insurer's legal costs in the main action from 2005 and half the legal costs in the contempt proceedings. - Times Online website

Murder conviction appeal rejected - 27 April
A man has lost his appeal against his conviction for the murder of his wife at their home in Co Meath more than four years ago. The three judge Court of Criminal Appeal today dismissed Anton Mulder's appeal against his conviction in January 2008. Mulder (47), with an address at Maelduin, Dunshaughlin, who is originally from Durban, South Africa, was jailed for life. His wife, a native of Bangor, Co Down, was found strangled to death in an upstairs bedroom of the house they were renting on December 17th, 2004. In his appeal, Mulder argued the trial judge had wrongly excluded as not relevant evidence from a psychiatrist who had treated Mulder after objections by the prosecution. It was argued that decision had damaged Mulder's defence of diminished responsibility and rendered the conviction unsafe. - Irish Times website

New appeal for Lockerbie bomber - 27 April
The Libyan convicted of the Lockerbie bombing is to begin a second appeal against his conviction for blowing up a Pan Am flight 21 years ago. Lawyers for Abdelbaset al-Megrahi, who has prostate cancer, said judges at his trial heard insufficient evidence to convict him beyond reasonable doubt. - BBC News website

Criminal Justice System

New measures to give communities more say in justice - 30 April
A range of new measures that gives communities more say in the way justice is delivered in their neighbourhoods as well as making local criminal justice agencies more accountable to the people they represent has today been announced by ministers. This will include pioneering a new package of measures in 30 areas across England and Wales to test a range of initiatives that will deliver justice for all and put people back at the heart of the justice system. The areas identified sit within : Greater London, Merseyside, South Wales, Leicestershire, Cheshire, South Yorkshire, Staffordshire, Lancashire, West Midlands, Cleveland, Humberside, Nottingham and Greater Manchester. Justice Secretary Jack Straw has also launched a prototype of the first justice website to give local sentencing information in one place to ensure people have the chance to see how justice is being effected in their communities. - eGov Monitor website

See also :
Engaging Communities in Criminal Justice Green Paper
Criminal Justice System. Consultations website

Family Law

Why the CSA must target parents who avoid maintenance - 30 April
Much has been written about the tougher line being taken to recover money due for the care of children. Measures in the Welfare Reform Bill, which received its second reading in the Lords yesterday, would allow the Child Maintenance and Enforcement Commission to suspend the driving licences and passports of persistent non-payers. The Magistrate - house journal of the bench - has joined the chorus, warning that ". . . such serious deprivations of liberty should only be imposed at a court hearing and not by an administrative decision". - Times Online website

Judge uses poet Philip Larkin's words to warn acrimonious couple - 29 April
One of Britain's most senior family court judges borrowed the stark words of poet Philip Larkin to warn an acrimonious couple that they were "within a whisker" of losing their child. The couple - who met in South Africa and married in 2002 - have been at war over their child since they divorced in 2003. Previous hearings have been told how the 37-year-old English father tried to gain custody of the boy - known only as CR - on several occasion as well as access, but both were rejected by the South African mother. After years of conflict, Luton County Court ruled that the boy should no longer stay with his mother and live instead with his paternal grandparents. Judge Everall QC decided it was no longer possible for the parents and the boy to work together. Sitting at the Court of Appeal, Lord Justice Wall reversed the decision but warned both parents how close they had come to losing their child. He urged the couple to call a truce, for the sake of CR, who had been "undoubtedly caused serious harm by their ongoing, mutual dislike and recriminations". Lord Justice Wall ruled that the mother would have custody of CR and the father would be allowed contact to try and repair some of the emotional damage that had been done. - Telegraph website

Wealthy estate agent asks High Court to rule South African marriage void - 24 April
Robert Leigh, 49, and Gillian Hudson, 43, had a priest conduct a service for them after Mr Leigh proposed to his girlfriend in South Africa in January 2004, and had planned to have a civil marriage service when they returned to Britain. The pair, who have a seven-year-old daughter together, sent out invitations to the second service, at Chiswick House in West London, the following March, but their relationship broke down before it took place. Gillian Hudson filed for a divorce, but Mr Leigh denied that they were ever married. She is now seeking a ruling from the High Court's Family Division, which would determine how the couple divide up their assets. Mr Leigh's divorce lawyer Nicholas Mostyn QC, told the judge : "Lying behind this dispute is of course money". - Telegraph website

Rich estate agent asks judge to declare African wedding 'void' after wife files for divorce - 24 April
Ms Hudson agreed with Mr Mostyn that both she and Mr Leigh had agreed to leave out the words 'no just impediment', 'your lawful wife' and 'your lawful husband' from the ceremony on the roof of their home in Cape Town. But the regular churchgoer said: 'From my point of view I believed I was getting married before God'.  - Mail Online website

Judiciary

Quotas could be introduced for judges to increase ethnic minorities and women - 28 April
Baroness Julia Neuberger said she wanted to remove "blockages" faced by some applicants for judicial posts and make judges more representative of society. The Liberal Democrat peer will chair a panel of advisers selected by Lord Chancellor Jack Straw to propose ways to speed up the appointment of judges who are not white men and said she had not ruled out considering quotas. such a move would put her at loggerheads with the Lord Chief Justice, Lord Judge, who just last month rejected the idea, saying he wanted judges to be appointed on "merit" alone. His concerns were last night echoed by the Law Society which said other work should be done to encourage more suitable applicants. - Telegraph website

Privacy

Plan to monitor all internet use - 27 April
Communications firms are being asked to record all internet contacts between people as part of a modernisation in UK police surveillance tactics. The home secretary scrapped plans for a database but wants details to be held and organised for security services. The new system would track all e-mails, phone calls and internet use, including visits to social network sites. - BBC News website


United States, Canada and South America

Bolivia and Paraguay

Bolivia and Paraguay agree border - 28 April
Bolivia and Paraguay have signed an agreement settling a border dispute, which led to a bitter war in the 1930s. Bolivian President Evo Morales, who signed the pact in Buenos Aires with Paraguayan counterpart Fernando Lugo, described it as historic. Argentina has played a key role in resolving the dispute. Mr Morales blamed multi-national oil firms - in their quest for natural resources - for fuelling the Chaco war, which claimed 100 000 lives. The key energy companies operating in the region at the time were US Standard Oil, backed by Bolivia, and the Anglo-Dutch Shell Oil company, supported by Paraguay. - BBC News website

Canada

Government of Canada introduces legislation to strengthen accountability for political loans - 29 April
The Hon Steven Fletcher, Minister of State (Democratic Reform), today announced the introduction of legislation amending the Canada Elections Act to strengthen accountability with respect to political loans. The legislation is an important part of the Government’s agenda to strengthen accountability and democracy in Canada. - eGov Monitor website

See also :
South Africa. Politics above

More Canadians continue working through Work-Sharing - 29 April
Canada's Economic Action Plan is strengthening benefits for Canadian workers by extending and easing access to Work-Sharing agreements so more Canadians can continue working while companies experience a temporary slowdown. Work-Sharing, an element of the Employment Insurance (EI) program, can be instrumental in assisting businesses experiencing a temporary slowdown caused by factors beyond their control. It is designed to avoid layoffs by offering EI income benefits to qualifying workers willing to work a reduced work-week while their employer recovers. - eGov Monitor website

See also :
Canada's Economic Action Plan website

Courts

Accounting director accused of embezzling $550K - 28 April
An accounting director is expected to plead guilty to embezzling more than $550 000 from his former employers, a District nonprofit and a trade association, according to court documents. Charles Joseph Clifton was hired by the American Society of International Law in late 2004, after spending six years as an accountant for the American Bakers Association. Clifton is accused of embezzling about $445 000 from the law society and $145 000 from the bakers association. Clifton was fired from the international law society in November for an unrelated issue, Elizabeth Anderson, the society's executive director, told The Examiner. Anderson said the society discovered the evidence of the embezzlement through internal reviews "immediately after he was fired". - Washington Examiner website

See also :
American Society of International Law website

Excerpt :
"
The Society's 4 000 members from nearly 100 nations include attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students and others interested in international law"

Not guilty plea in Travolta case - 29 April
A former senator and a paramedic have pleaded not guilty to charges of attempting to extort $25m (£16,9m) from Hollywood actor John Travolta. Pleasant Bridgewater and medic Tarino Lightbourne are accused of demanding money from the star after his son Jett died in the Bahamas in January. They allegedly demanded cash in return for keeping secret a document relating to the 16-year-old's treatment. Ms Bridgewater resigned her seat on the Bahamas senate after she was arrested in January. She continues to work as a lawyer on the islands. - BBC News website

Finance

Madoff victim's could get double compensation  - 28 April
A trustee overseeing the liquidation of Wall Street swindler Bernard Madoff's assets has announced a winning bid of potentially more than $25 million for the securities-trading operation he ran. Irving Picard says Boston-based Castor Pollux Securities will pay $1 million at closing and up to $24.5 million in deferred compensation through 2013. Monday's winning bid nearly doubles the company's original offer. - Business Report website

Legislation

House passes hate crimes bill - 29 April
The House of Representatives passed a bill Wednesday expanding federal protection against hate crimes to disability, gender, and sexual orientation. The bill, which was approved by a margin of 249-175, passed in a sharply-divided partisan vote. An overwhelming majority of Democrats supported the measure, while most Republicans were opposed. The proposal, which now moves to the Senate for further consideration, is one of the most sensitive civil rights issues to come before the Congress in years. Currently, federal law covers only a person's race, religion, or national origin. - CNN website

High court weighs changes to landmark civil rights law - 29 April
The US Supreme Court appeared divided Wednesday while debating whether to invalidate key parts of the landmark Voting Rights Act protecting the rights of minorities at the ballot box. At issue is a provision of the law that requires the Justice Department to preapprove any changes to voting districts, polling locations or election procedures in nine southern states which have significant African-American populations. Such oversight is required only in isolated districts of seven other US states. The Voting Rights Act was first approved in 1965 with key provisions added in 1982. Congress in 2006 overwhelmingly reauthorized the bill for another 25 years. Critics say the election last year of Barack Obama, the first African-American US president, is evidence that the law is obsolete. Supporters point to what they consider the deep-seated nature of racial discrimination in US society - a position that seemed to resonate with Justice David Souter. - AFP on Google website

Media

US TV swearing policy 'correct' - 28 April
The US government's policy of fining broadcasters over the use of even a single swear word on live TV is justified, the Supreme Court has ruled. - BBC News website

Miscellaneous

Aerosmith play for unhappy fans - 27 April
Rock stars Aerosmith are to hold a free concert in Hawaii to placate angry fans who brought a legal case against them. The group cancelled a sold-out show in Maui two years ago, leaving hundreds of fans out of pocket. They filed a class action case, which claimed the band had pulled out in favour of a bigger gig in Chicago and a private show for car dealers in Oahu. Lawyers for the would-be concert-goers said Aerosmith had now agreed to put on a new show, and would pay all expenses. - BBC News website


International

Foreign Policy

Why search for a new nuclear treaty? - 24 April
US and Russian officials have been holding talks in Rome as they begin work on a new nuclear weapons treaty. BBC diplomatic correspondent Jonathan Marcus looks at why they might want one. - BBC News website

Health

'Too late' to contain swine flu - 28 April
The swine flu virus first detected in Mexico can no longer be contained and countries should focus on mitigating its effects, a top UN official said. World Health Organization deputy chief Keiji Fukuda was speaking as the WHO raised its alert level to four, or two steps short of a full pandemic. The US, Canada, Spain and Britain have confirmed cases of the virus, but not deaths have been reported outside Mexico. - BBC News website

World battles swine flu as death toll rises - 28 April
By early Tuesday, the swine flu outbreak in Mexico was suspected in 152 deaths and more than 1 600 illnesses, its health minister told reporters. So far, at least 87 cases have been confirmed in other countries, including 40 in the United States ; six in Canada ; three in New Zealand ; two in Spain ; and one in Israel. None has yet resulted in death. With at least 12 nations including Mexico suspecting infections, the World Health Organization on Monday raised its alert level from three to four on its six-level scale. - CNN website


United Nations

Durban Review Conference [Against Racism]

The Durban Declaration and Programme of Action
http://www.un.org/durbanreview2009/ddpa.shtml

Outcome document of the Durban Review Conference
http://www.un.org/durbanreview2009/pdf/Durban_Review_outcome_document_En.pdf

Anti Racism report adopted despite disinformation campaign says UN Rights Chief - 27 April
At the close of the Durban Review Conference, 182 countries were able to come together on an anti-racism report despite a highly-organized "campaign of disinformation" the United Nations human rights chief said today. The draft outcome adopted by consensus this Tuesday is a "good document", High Commissioner for Human Rights Navi Pillay said as the gathering, assessing progress on the implementation of the Durban Declaration and Programme of Action, wrapped up in Geneva. - eGov Monitor website

UN racism event highlights divisions - 24 April
The UN has now held two world conferences on racism and both have been dominated by confrontations over Israel, raising serious questions about whether a high-profile international gathering is the best way to tackle the problem. - BBC News website


Miscellaneous E-Things

Policing the dark side of the net - 24 April
The BBC goes behind the scenes at the Internet Watch Foundation to see how its researchers cope with the psychologically demanding job of policing sites peddling images of child abuse. - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society

E-Tips
  WWW Why Work the Web - Making the Internet Work for You

Google

Google stands by book search deal - 30 April
Google has defended its online book deal amid reports it is being reviewed by the US justice department. An investigation is expected to examine whether or not the book search agreement with authors and publishers violates anti-trust laws. Google reached a settlement in October to create a $125m (£85m) fund to pay authors to have their work digitised. - BBC News website


Wikipedia

Wikipedia Art dispute pits artists against Wikimedia Foundation - 23 April
Wikipedia uses plenty of copyrighted material and trademarks under the doctrine of fair use. But a trademark infringement lawsuit against a couple of artists would put the Wikimedia Foundation on the opposite side of the fair use fight. Two artists attempted to create a performance art piece by establishing a Wikipedia entry entitled "Wikipedia Art," which could then be freely edited and "transformed" by anyone choosing to do so. The page lasted a mere 15 hours before being summarily deleted by Wikipedia editors and admins. Now, the pair's archive and continuing discussion of the project is being threatened by the Wikimedia Foundation's legal counsel, which has effectively threatened to pursue legal action against the artists for trademark infringement. - ars technica website

See :
Wikipedia Art
http://wikipediaart.org/

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