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

6 November 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 24 of 2009
Useful Links
and Items of Interest 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

South Africa

Animal Rights

US tycoon fights for white rhino trophy - 6 November
One of the richest men in America is embroiled in a heated legal battle with South African wildlife officials to recover the trophy head of a white rhino bull. The twist to the story is that the rhino at the centre of the row appears to be alive and healthy in Mkhuze game reserve in KwaZulu-Natal after surviving a hunting attempt more than three months ago by Texas property tycoon H Ross Perot jr, son of H Ross Perot, former US presidential candidate who stood against George Bush (sr) and Bill Clinton in the 1992 presidential elections. The animal was apparently shot and wounded by Perot jr in late July, but the bull ran off and wildlife officials have been unable to find any sign of a carcass or a wounded animal - indicating that it suffered a flesh wound or was not seriously injured. - IOL website

Correctional Services

Free Shaik 'damaged parole credibility' - 5 November
The credibility of the parole system has been damaged by the release of President Jacob Zuma's former financial adviser, Schabir Shaik, on medical parole, the head of the Council for Corrections, Judge Siraj Desai, said yesterday. While briefing Parliament's correctional services committee on the operations of the council, Desai was asked by Democratic Alliance MP James Selfe about the image of parole in the eyes of the public, to which he responded that the credibility of parole as a correctional instrument had been damaged. He suggested the law be changed to remove the power to refer paroles from the hands of the minister and the commissioner and given to the Council for Corrections. - Business Day website

Criminal Justice System

Doctor reluctant to help in criminal cases after arrest - 5 November
A Milpark Hospital doctor says she is reluctant to help in criminal cases after she was arrested for being in contempt of court. Rachelle Isakov was subpoenaed to give evidence in a rape case at the Johannesburg Magistrates Court last month but could not testify due to a medical emergency. She was then arrested at work in front of patients and staff last week and released hours later on a warning. - Eye Witness News website

Defence

SA terminates deal to buy eight Airbus A400M planes - 5 November
The South African government has cancelled an order with Airbus Military for eight A400M aircraft, owing to "expensive" and "unaffordable" costs escalations and a failure by Airbus to deliver within agreed timelines. "Cabinet decided to terminate the contract to purchase eight A400M strategic lift aircraft", spokesperson Themba Maseko told reporters on Thursday. Defence procurement agency Armscor had been instructed to end the contract "as quickly as possible", and R2,9-billion would be refunded to the National Treasury "as per contractual provisions". - Creamer Media's Engineering News website

Minister hopes to gain refund from Airbus - 5 November
Defence Minister Lindiwe Sisulu says government is due a nearly R3bn refund from Airbus. Sisulu briefed Parliament’s Defence Committee on government's decision to terminate the acquisition of eight heavy-lift military aircraft on Thursday. - Eye Witness News website

Education

'Ideal outcome' to bullying incident - 5 November
The mother of a Grade 8 Glenwood High pupil who was "bullied" by a group of four Grade 9s is relieved after the Durban school decided to discipline the culprits through counselling and community service following a disciplinary hearing last week. The hearing was held after an incident two weeks ago when four Grade 9 boys approached a Grade 8 pupil and tried to push his head down a toilet after a physical education class. - IOL website

Judicial Service Commission, and, Judiciary

Judging quality - 5 November
According to SA's new chief justice, Sandile Ngcobo, judicial temperament is a key attribute for aspiring judges. Addressing the Judicial Service Commission (JSC) in September, Ngcobo added scholarship, experience, dignity, rationality, capacity for articulation, diligence, intellectual integrity, energy and courage to the list. A long list of noble virtues and high standards indeed - but now Ngcobo, as the new chairman of the JSC, will need in practice to identify these qualities in candidates interviewed for the bench. - Financial Mail website

Judged and found wanting - 31 October
One of society's most important institutions is as much a symptom of bitter division as a force for healing and leadership. Prakash Naidoo looks at a judiciary and a legal profession that are battling - often in public - to get over the past.  - Article by Prakash Naidoo on Leader website

Prejudice taints the country's pool of potential judges - 7 November
Article by Kgomotso Moroka SC, member of the Johannesburg bar and chairman of Advocates for Transformation, Johannesburg. - Sunday Times website

KwaZulu-Natal

Goodbye to KZN millions - 2 November
The embattled KwaZulu-Natal Department of Agriculture will not be able to recover some of the R80-million unaccounted for because essential supporting documents have gone missing. A forensic investigation into the department revealed the reasons for R80m being unaccounted for as mismanagement, financial irregularities, fraud and corruption. - IOL website

Auditor General praises KZN - 5 November
Auditor General Terence Nombembe on Thursday praised KwaZulu-Natal for major improvements in managing public funds, but raised concerns about the province's failure to manage assets properly. "We are pleased to report that only one department in the province had an adverse report. We really welcome that. However, the issue of poor recording of assets is tarnishing the good image". The Royal Household was the only department that received an adverse report. - News24 website

Turnaround strategy for royal household - 5 November
Premier Zweli Mkhize on Thursday announced measures seeking to turn-around the royal household department, moving it away from being a fund-guzzling institution to a self-sufficient public entity, supported by a royal household trust. The trust, which would be set up in terms of the KwaZulu-Natal Royal Household Trust Act, was expected to be operational within the next two weeks. Mkhize said the trustees and the CEO had been appointed with the chair of the trust being, Judge Jerome Ngwenya, who is also the chairman of Ingonyama Land Trust. The deputy chairman is Prince Mbonisi Zulu, Zwelithini's brother and the spokesman for the Royal Household. - IOL website
Keyphrase :
Public Finance Management Act

3 November 2009
Mid-term expenditure review
SA Government Information website

KZN cabinet agrees to cost-cutting exercise - 4 November
The KwaZulu-Natal cabinet yesterday agreed after intense discussions that the spending of all departments must be cut by more than R2 billion. This was announced by finance MEC Ina Cronjé during a mid-term budget review in Pietermaritzburg yesterday. - Sowetan website

Land Affairs and Property

Dispute hits all transfers of land, say surveyors - 2 November
New land transactions are being disrupted by a prolonged labour dispute at the Department of Rural Development and Land Affairs, according to the SA Geomatics Institute. "Several critical surveyor-general offices have effectively ceased to function and others are on a go-slow due to the failure of protracted negotiations about wages and staff levels over the last year," Gavin Lloyd, the president of the organisation for professionals working across the land surveying sector, said on Friday. He said at the moment the worst affected surveyor-general offices were in Pietermaritzburg and Pretoria, but the disruptions could intensify in other areas if the labour dispute was not resolved. - Business Report website

EAAB declares dispute  - 3 November
The dispute between the Services Sector Education and Training Authority (Sseta) and Estate Agency Affairs Board (EAAB) related to the introduction of new compulsory educational standards for the real estate industry from 2012 has taken a new turn. The EAAB has now formally declared an intergovernmental dispute with the Seta in terms of the Intergovernmental Relations Framework Act. - Business Report website

Sexwale axes DG Kotsoane - 5 November
Human Settlements Minister Tokyo Sexwale has booted out his director-general, Itumeleng Kotsoane, despite initial denials.  And Mziwonke Dlabantu introduced himself to parliamentarians yesterday as acting director-general of the Department of Human Settlements. - IOL website

Sexwale says he is ready to take tough action against fraudulent contractors - 2 November
In light of the "serious problems with housing service delivery", the Department of Human Settlements (DHS) has commissioned an audit to "take a rigorous look at housing delivery – from top to bottom", and examine, review and analyse the chronic problems in the delivery of houses. The outcomes of this audit would be : facilitation of criminal action ; institution of civil action ; forcing contractors to finish their work ; claims against contractors who have not done their work properly ; blacklisting of repeat offenders in all provinces ; and naming and shaming of people both inside and outside of government. - Creamer Media's Engineering News website

Millions wasted on shoddy housing construction, Minister avers - 2 November
The Department of Human Settlements on Monday stated that shoddy construction work, and inferior workmanship on the part of contracted construction companies meant that "money has been wasted", as these houses had to be destroyed. - Creamer Media's Engineering News website

Hunting down the housing vermin - 4 November
Human Settlements Minister Tokyo Sexwale this week shrugged off a trade union's callfor his personal assets to be "nationalised", and remained focused on re-launching, with further detail, a war against corrupt private sector housing contractors, along with connected public servants, lawyers and estate agents. There are, of course, countless innocents among this bunching, but the targeted reprobates are also in very good numbers, responsible for monumental corruption, fraud and backlogs in delivering houses to South Africa's underprivileged. Amid the stench, the housing audit is being led by the Special Investigations Unit (SIU), a division of the National Prosecuting Authority, and supported by the Auditor-General's office, plus all provincial government departments, Parliament's standing committee on public accounts, and the portfolio committee on human settlements. That is the combined war machine, but is it big enough, and does it have the resolve to face up to the savage ugliness that stolen billons always manages to build? - Moneyweb website

Family gives up 10-year development fight - 3 November
The Wiehahn family has thrown in the towel after almost 10 years of legal battles costing millions of rand for the right to develop land on the slopes of Table Mountain. The decision follows a recent Supreme Court ruling upholding a High Court decision to set aside development rights granted in 1957 to the then-owner of the land at Oudekraal. The family had planned to build more than 200 luxury housing units on a portion of the mountainside. - IOL website

Table Mountain victory for the people - 3 November
Groups opposing housing development on the historic mountain slopes beneath the Twelve Apostles are elated Cape Town's surveyor-general has finally stamped "cancelled" across the plan. The surveyor-general's office was giving effect to an order of the Cape High Court, upheld later by the Supreme Court of Appeal this year, which set aside the development rights of owner Kassie Wiehahn on Oudekraal. This final administrative detail ended what must be one of the longest - and most expensive - development battles in the country, which began 13 years ago when Wiehahn took the first steps to begin building on the site in 1996. - IOL website

Minerals and Energy

2 November 2009
Address by the Deputy President, Kgalema Motlanthe, at the Chamber of Mines of South Africa Annual General Meeting (AGM) dinner, Johannesburg Country Club
SA Government Information website

Transformation in mining sector must be expedited - 3 November
Deputy President Kgalema Motlanthe has noted with concern that the mining industry has not transformed as quickly or sufficiently as it could. "We do need to expedite the transformation of our industry . . . Transformation cannot be limited to changing the nature of ownership, but must enhance the contribution of the industry to development, the creation of decent work opportunities and sustainable growth", Motlanthe said. He was speaking at the Chamber of Mines of South Africa Annual General Meeting on Monday. - BuaNews Online website

'No immediate plans to nationalise mines' - 3 November
South Africa's mining sector "should take comfort that there are no immediate plans from the state to nationalise mines", Deputy President Kgalema Motlanthe said on Monday night. - Mail & Guardian website

2 November 2009
Address by Minister of Mineral Resources, Susan Shabangu, at the 120th Annual General Meeting of the Chamber of Mines
SA Government Information website

State gets tough on 'fronting' miners - 4 November
The South African government has questioned the mining sector's commitment to transformation, and hit out at companies for using black people as "fronts" or "window-dressers" to meet mining-charter targets, Business Day reported on Wednesday.  Mineral Resources Minister Susan Shabangu said on Tuesday the latest review of the charter indicated fronting was widespread, and warned tougher measures would be announced soon to curb the practice. - Business Report website

SA govt will allow Chamber input on 'unfair' Mining Charter review - 3 November
The South African government had completed its review of the Mining Charter, Mineral Resources Minister Susan Shabangu said on Tuesday. Shabangu said at the annual general meeting of the Chamber of Mines (CoM) that she was aware that the CoM regarded the government's review of the charter as being "unfair" and pledged to give the organisation a chance to provide input, prior to the document being finalised. - Creamer Media's Mining Weekly website

Nationalisation call based on mining being 'gem in SA crown' : Chamber - 3 November
The underlying logic of the call to nationalise South Africa's mining industry was the mining sector's status as "a precious gem in our country's sovereign crown", Chamber of Mines (CoM) president Sipho Nkosi said in Johannesburg on Tuesday. - Creamer Media's Mining Weekly website

Unfair to blame only Maroga, says Hogan - 4 November
Embattled Eskom CEO Jacob Maroga is not solely responsible for the power utility's problems, Public Enterprises Minister Barbara Hogan said on Wednesday. Replying to questions in the National Assembly, she said it was unfair to blame only Maroga. Earlier, www.fin24.com reported that President Jacob Zuma had intervened to prevent Maroga being sacked by the Eskom board. - Business Report website

Maroga exits Eskom - 5 November
Electricity supplier Eskom's CEO Jacob Maroga has resigned with immediate effect, according to a staff announcement made by the company's chair Bobby Godsell on Thursday afternoon. Two different Eskom employees confirmed Godsell made the announcement that Maroga, who was absent from the announcement, resigned on Friday. "They said they are still resolving the legal matters of his employment contract," said a source. - News24 website

Maroga resignation confirmed to staff, but public announcement cancelled - 5 November
State-owned power utility Eskom on Thursday cancelled a scheduled media conference (at the last minute), at which chairperson Bobby Godsell was due to announce that the board had accepted the resignation of the utility's beleaguered CEO Jacob Maroga. Godsell had, during the course of the morning, already held various briefings with staff, during which he read a statement indicating the board's acceptance of Maroga's resignation. He did not announce the name of a replacement, or even an interim replacement, indicating that this would be the prerogative of the shareholder. - Creamer Media's Engineering News website

Parliament slams Maroga saga - 6 November
he Eskom board has the habit of "running amok" in critical moments, Vytjie Mentor, the chairwoman of Parliament's portfolio committee on public enterprises said on Friday. This was in reaction to reports that Eskom CEO Jacob Maroga had resigned. - Business Report website

Municipal Management and Procedure

Chaos cripples many SA municipalities - 31 October
Sicelo Shiceka, the minister for cooperative governance and traditional affairs, has lifted the lid on the chaos that has crippled many of South Africa's 283 municipalities. Responding to parliamentary questions, he said he would table a comprehensive strategy next month to bring order to towns across the country. - Times Live website

eThekwini

Press Release : City Initiatives in the South Durban Basin

This press release was emailed out at : 06 November, 2009 12:30

Air Pollution Intervention in the South Durban Basin over the last decade

The democratic government of South Africa responded to community concerns relating to poor air quality in the South Durban Basin, covering areas of Merebank, Wentworth, Bluff and Clairwood. The government's strategic response was through the Cabinet endorsed Multi-point Plan of November 2000 for the SDB. Through the implementation of the plan and efforts by all Stakeholders : Government, Community and Industry we have achieved the following :

- Reduced exposure to Sulphur dioxide pollution in Merebank and Wentworth by 77% and 66% respectively (refer to graph) ;
- Brought Benzene exposure, which is toxic and carcinogenic, to within very strict compliance levels in Merebank and Island view ;
- Eliminated the toxic heavy metal lead as a fuel additive. Lead is a neuro-toxin,  it can impede brain development in children if exposed to high levels.
- The levels have come down to below World Health Organizations limits ;
- Regulated top 5 industries in the SDB through an improved permitting system ;
- Implemented a world acclaimed air quality monitoring network to measure air pollutants and report on performance ;
- There are several transport and traffic related developments on the Chief Albert Luthuli motorway and the Khangela Bridge which will serve to streamlining traffic flow and reduce vehicular emissions. This will have a positive impact in the Clairwood area
- The remaining challenges concern odour emissions and incidents. We as the local government have plans in place to address them. Some of the plans are the Southern Works odour abatement plan ;
- City commitment to putting forward an integrated land use planning framework between the port and Clairwood. This plan, which if implemented, will have a positive impact on the social and physical environment.

Air Quality and Land use Planning efforts in Clairwood and Environs

EThekwini Municipality is currently looking into the Land Use Management issues and challenges in and around the Back of Port area which includes the geographical area of Clairwood. The high volume of logistical activity in the area and its immediate surroundings often creates a pollution nuisance to local residents.  The mixed land use planning in the area further compounds the pollution nuisance.

New flats in Landsdowne Road in Merewent are nearly complete and several families are eager to move in. About 70 tenants from the Tara Road barracks have signed to move into the new flats. The units are valued at R350 000 each. In addition R700 million housing re-development project is planned for neighbouring Austerville. KZN MEC of Human Settlement and Public Works, Ms Maggie Govender recently pledged funds for the project.  The money would be used to refurbish and upgrade Council flats which will be transferred into the ownership of the occupants.

Hence the City has embarked on a study to address the current environmental and logistical challenges within the Back of Port area. As part of the study an air quality assessment of the area has been undertaken which evaluates the levels of pollutants within the defined geographic area, it also highlights the major contributing factors to such pollution. The information derived from this study coupled with a series of Air Quality modeling (with specific reference to TRAFFIC) will assist in developing a more sustainable living environment in the Back of Port area. This information will be beneficial in evaluating what the best land use planning for the area would be and what mitigating factors will have to be implemented.

In addition the City's Air Quality Management Plan has highlighted the Jacob's industrial area as a thematic air quality deliverable, noting the air pollution challenges from the high density industrial and commercial activity. One of the most significant challenges in the area is that of Odorous Emissions, to which the City has focused on developing a strategy to reduce the aforementioned. The strategy focuses on prioritizing the major contributors to unpleasant odours and working collectively in assessing options for abatement.

The City views the above as proactive steps in addressing some of the environmental challenges in the area.

To see the table go to http://www.durban.gov.za/durban/government/media/image-and-document-storage/tab/

For more information contact Mr Siva Chetty : Deputy Head of Municipality's Pollution Control and Risk Management Department on 083-387 8110 or email  chettysiva@durban.gov.za

Issued by Communications Department of eThekwini Municipality. Contact Ms Ntsiki Magwaza on 031-311 2279 or email magwazan@durban.gov.za

Name Changes

Petition over name changes - 3 November
AfriForum will send a petition to Arts and Culture Minister Lulu Xingwana to stop the changing of the names of 42 towns, the organisation said on Monday. Included in the list are towns like Nelspruit, changed to Mbombela, and Waterval Boven, changed to Emgwenya. The announcement led to an outcry from mostly opposition parties and civil movements like the Afrikanerbond, who said the changes had been done without any consultation. "It is important that all affected stakeholders be consulted and engaged and the process should be unifying rather than divisive", Presidential spokesperson Vincent Magwenya said. - News24 website

See : GN 978/GG 32632/16-10-2009

Keyphrases :
Belfast
Machadodorp
Nelspruit
Rietvlei
Tweefontein
Waterval Boven

South African Police Service

Police redeployed instead of suspended - 4 November
Eleven high-ranking officers of the Mountain Rise Police Station in Pietermaritzburg - who have been accused of manipulating the station's crime statistics - have been transferred to work with acting Provincial Commissioner Bongani Ntanjana, pending the outcome of an investigation into the matter. Police Director Phindile Radebe said the decision to redeploy the officers had come after they made representations to Ntanjana, indicating why they should not be suspended while the investigation continued. This decision was taken to enable a smooth and speedy investigation and to remove any hint of perceived hindrance, as all 11 members were in management positions at the station. - IOL website

Sport and Recreation

ASA offers apology to Semenya - 5 November
Athletics South Africa wants to "publicly and unconditionally apologise to Caster Semenya and her family, the President of South Africa as well as to all South Africans for the handling of her gender verification processes and the subsequent aftermath". - Times Live website

ASA head suspended over Semenya debacle - 5 November
Athletics South Africa head Leonard Chuene has been suspended on the day ASA finally apologised for its handling of the Caster Semenya gender debacle. The body on Thursday released a statement accepting the findings of the ANC Caster Semenya task team. - Eye Witness News website

Trade and Industry

Vavi explains why his salary has been doubled - 4 November
Cosatu general secretary Zwelinzima Vavi's salary has doubled to R500 000 a year, the Star reported on Wednesday. "My salary doubled because we were losing all the policy capacity in the federation", said Vavi. "The economists and accountants were all gone, because if you keep the salary at R250 000, it means the economists can't make those sacrifices for years and years. They lose out". The newspaper said Cosatu administrators and researchers earned about R7 000 per month while security guards earned less than R4 000. - Mail & Guardian website

Western Cape

Rasool defied the law - 3 November
Damning claims have emerged in the full report on the Erasmus Commission released on Tuesday about how then-premier Ebrahim Rasool directed top officials to ignore the law and about secret meetings without minutes. The commission cost the taxpayer R6.2 million. The long-awaited report by the Brian Williams Consultancy suggests Rasool told his officials to ignore legal opinion that the Erasmus commissions were invalid because "sometimes the political has to prevail". - IOL website

3 November 2009
Racist remarks by the speaker of Western Cape Provincial Legislature a cause for concern
SA Government Information webiste

Speaker apologises for 'racist' threat - 3 November
Provincial speaker Shahid Esau has apologised for his "racist" threat to replace the "too many black women" staffers at the legislature with "boere" (white men). This came after Cosatu on Monday joined the fray and threatened to report him to the SA Human Rights Commission and the Public Protector if he did not apologise before Tuesday. Members of Cosatu-affiliated unions and other legislature staff signed a petition to express disgust at Esau's remarks during an earlier staff meeting. - IOL website

Miscellaneous

South Africa's legal war over Gaza - 29 October
A group of South African lawyers are confident that judge Richard Goldstone's  recent Gaza report has paved the way for a legal case that could see uncomfortable questions about the conflict asked much closer to home. They want to investigate South African citizens who may have fought for the Israeli army during the war on Gaza in December and January, with a view to prosecuting them on South African soil for war crimes and crimes against humanity. The lawyers are representing two civic organisations, The Media Review Network and the Palestinian Solidarity Alliance. Working from a Johannesburg office, they are building a case known as the Gaza docket which seeks to bring the South African soldiers to justice for their role in the Gaza war. The lawyers are all Muslims, but deny they are only taking on the case to defend their co-religionists. - Aljazeera website

'Nationalise Motsepe's obscene wealth' - 2 November
The National Union of Metalworkers (Numsa) on Monday called for the nationalisation of the wealth of South Africa's richest man, Patrice Motsepe and ANC struggle hero, Tokyo Sexwale. This comes after South Africa's "Rich List" was published by the Sunday Times on Sunday. The list, compiled by Who Owns Whom, showed that Motsepe was the richest South African with R14,2-billion. - IOL website

Calls for nationalisation are based on jealousy : Mantashe - 3 November
Calls to nationalise the personal wealth of BEE tycoons Tokyo Sexwale and Patrice Motsepe were based on jealousy, ANC secretary-general Gwede Mantashe said on Tuesday. "It's talking to the resentment we have among ourselves as black people. If anybody progresses we feel very jealous and we resent their success", Mantashe told a media briefing at Luthuli House in Johannesburg. - Moneyweb website

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