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

11 December 2009

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

InfoUpdate 26 of 2009
Useful Links
and Items of Interest 

Cllick on the underlined hyperlink where relevant

South Africa

16 Days of Activism for No Violence against Women and Children

How do we help children exposed to criminal violence? - 30 November
Charlene Smith on the Thought Leader blog

The Mail & Guardian is publishing a series of "How To" articles :

How to : foster a child

How to : find a place of safety for a child

How to : apply for a foster child grant

How to : get education for any child

How to : adopt a child

How to : know your rights as a refugee

How to : report sexual harrassment

How to : apply for a disability child grant

How to : apply for a child grant

How to : get a protection order

How to : respond to child abuse

How to : deal with an unwanted pregnancy

2010 FIFA World Cup

SA creates special World Cup Courts - 21 November
South Africa plans to create special courts dedicated to handling crimes committed during the World Cup, aiming to speed up the judicial process, especially for cases involving foreigners. Government hopes the promise of swift justice will help stamp out crime during the event and ease worries of fans visiting one of the world's most violent countries. - IOL website

New system to control soccer hooligans - 2 December
The Department of Home Affairs has introduced an Advanced Passenger Processing (APP) system to closely monitor the entry of soccer hooligans into the country for the 2010 FIFA World Cup.  - BuaNews Online website

SA setting up national operations room for 2010 FIFA World Cup - 20 November
A national operations room, or nerve centre, to monitor and report all incidents during the 2010 FIFA World Cup event, was being set up, government spokesperson Themba Maseko said on Friday. - Creamer Media's Engineering News website

Bomb scare photographer in court - 7 December
German photographer Bernd Fischer, 68, appeared in the Cape Town Magistrate's Court today in connection with a bomb threat at last week's 2010 World Cup draw. Prosecutor David Jacobs told the court that bail of R4 000 was being recommended on condition that Fischer report to police twice a week and hand in his passport. Jacobs said the investigating officer had ascertained that Fischer had property and a "place of abode" in South Africa. - Times Live website

World Cup 2010 : British and German journalists attacked in Cape Town - 5 December
British and German journalists who were in Cape Town for the World Cup 2010 draw on Friday were forced into a terrifying ordeal after criminals stole equipment and cash from them at knife point, according to La Repubblica. - Goal website

Teams to hire warzone security for World Cup - 7 December
Many of the nations taking part in the World Cup will use private security firms - including war-zone specialists who operate in Iraq and Afghanistan - to safeguard their players and officials. Sources in the private protection industry have said that high-profile football associations from Europe and South America have already hired firms that will use ex-military personnel, some of them special forces veterans, to look after players and their families. The firms will provide round-the-clock armed bodyguards, bulletproof vehicles, hijack prevention advice and squads that can handle kidnap situations. Kidnap insurance is also offered by some agencies. The revelations come amid fears there could be "gaps in the coverage" provided by the organisers. - IOL website

Human trafficking : SA faces major problem - 3 December
South Africa faces a major problem with human trafficking and smuggling before the World Cup and it is exacerbated by the country's inexperience in dealing with this, according to Deputy Home Affairs Minister Malusi Gigaba. Gigaba, briefing journalists in Pretoria yesterday, admitted that South Africa had not anticipated the scale of the problem and had woken up to the reality only recently. "The fact (is) that we don't have much experience in combating human trafficking. For quite a long time we thought it was a problem that had nothing to do with us . . . a problem existing in Europe and the US". - IOL website

Hiding SA's street kids for World Cup not a solution - 10 December
While it has been officially denied, we remain suspicious that government will attempt to remove all children from the streets ahead of the 2010 World Cup so they are not seen as an enduring feature of the nation. Given the shortage of space in the few places of shelter available, just where the street children will be housed for the duration of the event must be of concern. - Times Live website

The dark side of the Fifa World Cup? - 10 December
[During the Grootboom case] Budlender looked the judge straight in the eye and said that the law as it stood already criminalized the homeless merely for not having a home because every single night homeless persons were forced to trespass by sleeping on someone’s property. It was exactly a policy that ignored the plight of the homeless that encouraged criminality, as it forced the homeless to break the law merely to survive. I was reminded of this fact when I heard that the City of Cape Town has been taking steps to remove the homeless from the streets of the mother city  for the Fifa World Cup draw and were also making plans to ensure that there would be no homeless people n the streets for the actual world cup. It is unclear what exactly is taking place. I have received reports that the City used a  new bylaw to lock up homeless persons during the draw and that it was also forcing homeless persons to sign a letter promising that they would leave Cape Town for the duration of the World Cup. If they refuse to sign, they are threatened with arrest. I have been unable to confirm these allegations. - Pierre de Vos on the Constitutionally Speaking blog

Animal group concerned by 2010 slaughter plan - 30 November
The National Society for the Prevention of Cruelty to Animals (NSPCA) has written to the world soccer body, Fifa, about plans to slaughter cattle at each of the World Cup stadiums. "We've sent out a blanket letter . . . to anybody we feel has a role to play," the NSPCA's farm animal unit manager Del Jones said on Monday. The NSPCA was reacting to media reports about a proposal to slaughter cattle to bless the stadiums where matches will be held during the 2010 Soccer World Cup. - IOL website

More bulls may be killed - 1 December
Don't be surprised if an animal is slaughtered at Durban's Moses Mabhida Stadium as part of the official opening, says eThekwini Mayor Obed Mlaba, amid controversy over the ritual killing of beasts. - IOL website

World Cup stadium 'cow sacrifice' plan sparks row - 1 December
A proposal to bless South Africa's World Cup stadiums by slaughtering a cow in each one has caused concern among animal rights activists. The Makhonya Royal Trust, which put forward the idea, described the cattle killing ritual as a "true African" way of blessing the 2010 tournament. - BBC News website

Tourism chiefs warn against World Cup greed - 4 December
South African soccer and tourism officials are warning hotels, airlines and restaurants not to scare off future tourists by hiking prices during next year's World Cup. With about 500 000 tourists expected to descend upon South Africa in mid-2010 and spend an estimated $850-million during the month-long tournament, tourism officials said on Thursday they fear visitors will by put off by exorbitant costs as hotels and guest lodges raise their prices. Media reports have said that some hotels are planning to charge as much as $250 for a basic room that normally would be $100 to $150. Other reports point to homes along Cape Town's exclusive Atlantic seaboard renting for $1 000 to $35 000 a day - with one house reportedly renting for a whopping $1-million for the duration of the tournament. - Mail & Guardian website

Fifa warns on illegal betting - 1 December
Fifa has warned South Africans not to get involved in illegal betting syndicates, mostly from Asia, that are expected to descend on the country en masse in the run-up to the World Cup. Fifa says the multibillion-dollar industry is controlled by organised criminals who engage in loan-sharking and use intimidation and violence to collect debts. - IOL website

Animal Rights

Calls for specialised courts for animal abuse cases - 30 November
The Animal Anti Cruelty League on Monday called for specialised courts to deal with animal abuse cases. AACL General Manager, Rene Southwood told Eyewitness News too often justice was hard to come by in animal abuse cases. "It is very difficult to get anything into court because the cases are just thrown out so easily ; because the courts are overworked and animals just do not come into the picture", said South wood. - Eye Witness News website

Court to hear bull-killing case next week - 25 November
An urgent court application to stop the ritual during which men kill bulls with their bare hands was postponed to next Tuesday to allow King Goodwill Zwelithini and other respondents to file their papers. Animal Rights Africa went to the Pietermaritzburg High Court today to stop the ritual, scheduled for December 5. It argues that the manner in which the bulls are killed is cruel. - The Star website

Talks to be held over 'cruel' Zulu bull-killing ritual - 24 November
South African animal rights activists have agreed to meet Zulu groups in a bid to stop a bull-killing ritual, a senior official says. Cultural commissioner Pat Mkhize announced the meeting after a court case brought by Animal Rights Africa was postponed. They are suing Zulu King Goodwill Zwelithini, arguing that the ceremony, known as Ukweshwama, is cruel. A royal spokesman said the killing was a highly symbolic way of thanking God. - BBC News website

'Why single out Zulus?' - 25 November
Animal Rights Africa (ARA) on Wednesday said it was disappointed by Zulu King Goodwill Zwelithini's decision to boycott a meeting called to discuss a bare-handed, bull-killing ritual. Tuesday's meeting was convened by Pat Mkhize, commissioner for the promotion and protection of the rights of cultural, religious and linguistic communities, to try and resolve a dispute over the Ukweshwama ritual. Zwelithini's spokesperson Nhlanhla Mataka said they didn't go to the meeting because they felt it was not necessary. ARA's Steve Smit said he was disappointed that only representatives from Premier Zweli Mkhize's office came to the talks. The respondents in the high court case are the king, Minister of Co-operative Governance and Traditional Affairs Sicelo Shiceka, Minister of Police Nathi Mthethwa, KwaZulu-Natal premier Zweli Mkhize and the province's MEC for local government, housing and traditional affairs Nomusa Dube. ARA was acting in the interests of an animal who would die in a manner which contravened the Animal Protection Act, the National Environmental Management Act, and the Bill of Rights in the Constitution. The Zulu Royal Household has vowed to go ahead with the ceremony, even if the court rules against it. - IOL website

Kill the beasts : but only if they are not cute - 25 November
During the Ukweshwama ritual, a traditional Zulu ritual that usually takes place at the end of the harvest season, a group of young men kill a bull with their bare hands. According to Animal Rights Africa (ARA) the ritual is rather cruel. - Pierre de Vos on the Constitutionally Speaking blog

IFP enters ritual bull killing fray - 26 November
The IFP has entered the fray regarding the bare-handed bull-killing ritual that forms part of the Zulu first fruits ceremony known as umkhosi wokweshwama. The party yesterday lambasted animal rights activists who are trying to stop the ritual, saying those organisations and individuals had failed to show due respect to Zulu King Goodwill Zwelithini in their handling of the situation. - IOL website

'Difficult' for judge to rule on bull killing - 1 December
A Pietermaritzburg High Court judge on Tuesday avoided making a ruling on whether to stop a bull killing ritual. "I suggest that all parties sit down and agree whether video footage can be taken during the ritual so that this matter can be handled by Parliament", said Judge Nic Van der Reyden. - The Sunday Independent website

Slaughter ban inflammatory : judge - 1 December
The Pietermaritzburg judge who must decide if the ritual killing of a bull will go ahead in KwaZulu-Natal at the weekend said that an interdict to stop the slaughter could lead to rebellion. Judge Nic van der Reyden said he could not be blind to the consequences of stopping a tradition that had been part of Zulu culture for centuries. He said the resulting protest could be similar to the 1976 Soweto uprising, in which black pupils rebelled against a government order that they be taught in Afrikaans. - Times Live website

Bull-killing ritual compared to communion - 2 December
Stopping Zulus from killing a bull at the First Fruits Festival would be akin to ordering Catholics to stop taking communion, a Pietermaritzburg High Court judge said yesterday. - IOL website

Court's bull delay 'heartening' : activists - 2 December
Animal Rights Africa (ARA) was "heartened" at the Pietermaritzburg High Court's decision to postpone until Friday a ruling on the ritual, bare-handed killing of a bull at the Zulu first fruits festival. While it had hoped for a decision on the matter yesterday (December 1), the delay indicated the court was "giving serious consideration to the cruelty aspects of the killing", ARA spokesman Steve Smit said in a statement today. - Weekend Post website

Court told how the bull will be killed - 3 December
The killing of a bull at the ukweshwama (first fruits) festival - which takes place at King Goodwill Zwelithini's palace in Nongoma on Saturday - must be performed without rope, thongs or weapons of any kind. The animal is overpowered and its air passage closed barehanded. Its neck is then broken in a manoeuvre that causes a quick and painless death. No bloodletting of any kind is allowed, nor is dismemberment part of the ritual slaying. So says history Professor Simon Maphalala in an affidavit before Pietermaritzburg High Court Judge Nic van der Reyden. - IOL website

Judgment on Zulu bull killing expected Friday - 1 December
Zulu King Goodwill Zwelithini and millions of the Zulus will know on Friday morning whether the Ukweshwama ceremony, which includes the slaughtering of a bull with bare hands, will go ahead on Saturday as planned. The judgment on the application brought by the Animal Rights Africa (ARA) was reserved until Friday morning by the Pietermaritzburg High Court. - Times Live website

Bull killing saga won't end : expert - 3 December
Ndela Ntshangase, lecturer in the University of KwaZulu-Natal's school of IsiZulu, said the animal group was likely to take the matter to the Constitutional Court or "world international courts" if its application failed. - IOL website

ANC steps into Zulu bull ring - 4 December
The ANC has entered the bull-killing debate with its commission on religious and traditional affairs calling on animal rights activists to allow the nation to debate the matter before taking it to the courts. The Pietermaritzburg high court has rejected an application by Animal Rights Africa opposing the bare-handed slaughter of a bull during Umkhosi Wokweshwama. Zulu monarch King Goodwill Zwelithini will lead the nation in the ceremony in Nongoma in northern Zululand tomorrow. - Sowetan website

Bull-killing can go ahead, says court - 4 December
Zulus will be able to restore their king's power with the bare-handed killing of a bull on Saturday following a court ruling dismissing an application to stop the ritual. Judge Nic van der Reyden on Friday dismissed the application by Animal Rights Africa (ARA) in the Pietermaritzburg High Court. He was satisfied with the evidence of cultural expert Professor Jabulani Mapalala that the ARA's objection to the ritual was based on untrue information and hearsay. - Mail & Guardian website

See : KwaZulu-Natal High Court : Pietermaritzburg

'Allowing bull killing promotes tolerance' - 4 December
KwaZulu-Natal premier Zweli Mkhize said on Friday that the Pietermaritzburg High Court ruling allowing Zulus to go ahead with their bare-handed killing of a bull had paved the way for cultural tolerance. - IOL website

Bull ruling a 'victory for Zulus' - 5 December
Screams of "amandla" echoed through the Pietermaritzburg High Court yesterday following a judgment that was hailed as a victory for the Zulu nation. - IOL website

Bull killing ruling overwhelms - 8 December
The National House of Traditional Leaders says it was "overwhelmed" by a court ruling allowing the ritual bull killing by the Zulu people to go ahead. "We had no doubt that the Zulu kingdom was performing its ritual within the ambit of the Zulu customary law", the traditional leaders said in a statement. - Times Live website

Culture no excuse for cruelty - 6 December
How soon before we start burning witches again? The bull is now dead. In the aftermath of the noise and the anger in the week prior to his slaughter, I wish to speak for the dead bull. Most importantly, though, I wish to speak for a sad, disintegrating and swiftly disappearing ANC. By Friday, the noise that persisted was about black versus white, European versus African, colonialist versus "freedom fighter". In truth, the debate should be about what is right and wrong in a new and liberated South Africa. It is about what carves a path for us into the future as a nation.  - Article by Justice Malala on the Thought Leader blog

African culture? Not in my name - 10 October
I am invoking the example of the tragedy of albinos and twins on the continent because of yet another unfortunate debate about culture in this country. This is about the ritual - observed by people of Nguni stock, including Zulus, Swazis, and Ndebeles - which involves about 40 young men killing a bull with their bare hands. There is a belief that the warriors inherit the bull's strength and power when the beast is killed. When the warriors salute the king upon completion of their mission, the power is transferred to the king and his kingdom.  I am all for the strengthening of kingdoms. But I do have a problem with the barbarity of the ritual and the assertion that it encompasses Nguni culture. If the purpose of the ritual is to slaughter a bull to appease the ancestors, I don't see anything wrong with using a spear to achieve the same goal. I don't understand the protracted debauchery of pulling the bull by its testicles and pulling its tongue out, seen in so many pictures recently. And you call that Nguni or Zulu culture? Not in my name. I know I speak for many Ngunis who respect their customs and traditions, but who are outraged by some of the regressive practices. 
- Article by Fred Khumalo on the Times Live website

Ukweshwama : what is all this bull? - 4 December
The Scramble for Africa which began in the 1880s has been largely blamed for disrupting and eroding the cultural practices and traditions of Africans. Africans have maintained that colonialism and imperialism served to entrench Western values while undermining their way of life. Often these cultural extremists were not able to draw a clear distinction between the progressions of humanity as a result of technological impact and modernity and deliberate acts that serve to undermine the African way of life. - Article by Sentletse Diakanyo on the Thought Leader blog

As much as I respect Zulu culture, ukweshwama can never be condoned - 7 December
I accept that there are thousands of examples of animal cruelty in other cultures ranging from battery hens and clubbing seals to whaling and shooting wild animals for sport. They receive the same rebuke as this does and lend no support to the Zulu argument I’m afraid. Thought the king might believe that opposition to the ritual it is a slight on Zulu culture, it is not. Yes people do not know the culture as well as the practitioners thereof but that is not necessary to understand when an act of cruelty - which this clearly is - has occurred. - Article by Michael Trapido on the Thought Leader blog

SPCA wants to stop killing of animals in cultural rituals - 7 December
With the controversial bull killing ceremony over the SPCA said on Monday it wants to put an end to the killing of animals in cultural rituals completely. - Eye Witness News website

Spilling the blood of bulls to preserve Zulu tradition - 8 December
The bull was badly outnumbered, and while its muscular body, thick black hide and rock-hard horns offered significant advantages, this was not a brawl the animal was likely to win. Forty Zulu warriors were circling about, there to kill it with their bare hands. Penned up in the royal kraal, the bull trotted around for a while, looking nervously for an escape. Then it hesitated, and the warriors - all in their late teens or early twenties - moved in, their hands reaching for anything to grasp, the tail, the legs, those horns. By the account of some participants, veteran warriors had to be recruited to properly snap the animal’s neck. - New York Times website

Black Economic Empowerment

Zuma names BBBEE Council member - 3 December
President Jacob Zuma on Tuesday announced the names of those who will serve in the Broad-Based Black Economic Empowerment (BBBEE) Council. According to the Presidency, Zuma appoints members of the council in terms of the BBBEE Council Act no 53 of 2003. - BuaNews Online website

Cyberlaw

SA firm urges Facebook caution - 30 November
Facebook comments and photographs could be held against employees, said training organisation AstroTech in a statement on Monday. "We're seeing increasing numbers of companies coming to courses trying to navigate their way around rapid changes in information technology law or those laws that apply to it. And how Facebook is used is a real concern", said chief executive officer training company AstroTech, which offers courses in internet technology and the law. AstroTech's course is facilitated by lawyer Warren Weertman who has helped draft legislation in South Africa. - News24 website

Defence

Talks on unions banned - 20 November
The defence ministry insisted on Friday that an interim service commission reporting on conditions in the military never had a mandate to raise the fraught issues of trade unions for soldiers. "The commission's terms of reference were clear from the outset: its priority is to investigate and make recommendations regarding remuneration and the conditions of service of members of the SANDF - not about the existence or non-existence of unions within the military," the ministry said in a statement. - IOL website

Education

Ex-student sues TUT - 4 December
A young unemployed woman is suing the Tshwane University of Technology (TUT) for R2-million. Even though Sharon Kwadi can't afford the kind of lawyers the institution has, she is determined to "see justice done" - to have the institution compensate her for the four years she spent studying towards a programme TUT was not accredited to give. - IOL website

Porn, booze among class acts at school - 5 December
Boozing, bullying, possession of pornography and dangerous weapons, smoking cigarettes and drugs, intimidating learners and teachers and vandalism of school property are just some of the reasons schools gave when applying to education departments to expel pupils this year. Details were released by Basic Education Minister Angie Motshekga yesterday. - IOL website

Teacher played role in suicide of pupil (13) : report - 10 December
The investigation into the death of a 13-year-old Scottsville Primary School pupil has blamed a teacher for putting pressure on the child to commit suicide.  The pupil S'duduzo, Qulo, hanged himself because he did not want to go back to be taught by a "racist teacher". Provincial MEC for education Senzo Mchunu confirmed that the investigation had been concluded and that the report containing the findings was sent to the mother and the school on Monday. He said it will not be released publicly at this stage. The recommendations of the investigation include that disciplinary action be taken against the teacher. - Sowetan website

Environment

25 November 2009
Sonjica : Release of the National Environmental Compliance and Enforcement Report 2008/9, Pretoria
Polity website

1 December 2009
Statement by Carrol Moses, Department of Water and Environmental Affairs spokesperson, on the enactment of the Integrated Coastal Management Act
Polity website

SA to have dedicated environmental courts next year : Sonjica - 25 November
Dedicated courts to deal specifically with infringements against the South African environmental policies, were likely to become effective within the next six months, Water and Environmental Affairs Minister Buyelwa Sonjica said on Wednesday. Speaking at the launch of the National Compliance and Enforcement Report, Sonjica said that she had met with Justice Minister Jeff Radebe in September to discuss the issue. The discussions led to the decision to move forward with the process of re-establishing the environmental courts. - Creamer Media's Engineering News website

SA announces emissions target as climate talks start - 7 December
While South Africa would continue to increase its greenhouse gas (GHG) emissions until 2020, it would do so at a lesser rate - provided financial, technological, and capacity building assistance was forthcoming from developed nations, said the Presidency as the international climate change talks in Copenhagen started on Monday. South Africa will undertake mitigation actions which will result in a deviation below the current emissions baseline of around 34% by 2020 and by around 42% by 2025. This level of effort enables the country's emissions to peak between 2020 and 2025, plateau for about a decade and decline in absolute terms thereafter, said the Presidency in a statement. - Creamer Media's Engineering News website

See also : United Nations Climate Change Conference. 7-18 December 2009

Finance

South Africa : King III : what does it all mean?! - 25 November
There has been much public debate about company laws as a result of the enactment of the new Companies Act of 2008 ; and, more recently, the release of the King Code and Report on Governance in South Africa ("King III"), which will become effective on 1 March 2010. But what does King III deal with and how will it apply to business South Africa? -  Article by Vaughan Pierce and Stephen Kennedy-Good of Deneys Reitz Attorneys on the Mondaq website
* * * Free registration required * * *

Gender Issues

'SA gender machinery in disarray' - 25 November
South Africa's "gender machinery" is in "disarray", with it not even being clear who is coordinating the 16 Days of Activism campaign, a group of NGOs said on Wednesday. "At a time when it is most needed, participants noted, the national gender machinery is in disarray," read a statement from Gender Links and the Centre for the Study of Violence and Reconciliation (CSVR). "There is a lack of clarity on which agency is driving the 16 Days of Activism campaign, which used to be housed in the Department of Local Government, following the establishment of the Ministry of Women, Youth, Children and People with Disabilities in April this year. - Mail & Guardian website

Health

1 December 2009
Zuma : Address by the President of South Africa, on World Aids Day, Pretoria
Polity website

Can Aids orphans now claim damages from SA government? - 23 November
Now that government has acknowledged that it, or at least the former administration, is responsible for the premature deaths of hundreds of thousands of South Africans, what stops this country's estimated 1.4 million Aids orphans from launching a civil claim for damages? - The Daily Maverick website

'Frenzy over amputations missed the point' - 8 December
I make this statement on behalf of the division of paediatric surgery at Charlotte Maxeke Johannesburg Academic Hospital. I gave the instruction for the amputations and take full responsibility for the interventions. To have to perform a destructive procedure such as a limb amputation on a small child is, believe me, a devastating and emotionally highly distressing experience for a dedicated children's doctor. Media reports failed to point out that the amputations were essential, unavoidable and life-saving for little Thembisa [Nikelo]. Doctors at Far East Rand Hospital instituted treatment and saved her life, but tragically not her limbs. As doctors we can resuscitate but not resurrect, including the dead tissue of gangrenous, dead distal extremities. Anybody who contests this statement or suggests a "cover-up", kindly do so openly, state your name clearly and be prepared for legal consequences. - Statement by Peter Beale, professor and head of the division of paediatric surgery at Wits University, on the IOL website

Human limbs 'scattered around dump site' - 2 December
The Green Scorpions on Wednesday found another two sites of buried medical waste in the Welkom area in the Free State. They were found buried on the Jonkerus Farm, 25km outside the town, and on the Welkom Showgrounds, said chief director for regulatory services in the environmental affairs department, also known as the Green Scorpions, Sonnyboy Bapela. "It's a crime scene now". Each waste site was about 10m wide. The site on the Showgrounds was at least two metres deep. Investigators have so far found syringes, scalpels, used bandages, discarded medications as well as amputated limbs, placentas and foetuses. - IOL website

New health watchdog to be introduced next year - 24 November
An independent health watchdog will be introduced by April to ensure clinics and hospitals adhere to quality standards, Deputy Health Minister Dr Molefi Sefularo said in Johannesburg on Tuesday. The National Health Act will be amended to create the watchdog body, which will report to Parliament either directly or through the health minister. - Mail & Guardian website

Human Rights

Motlanthe blames farmers for murders - 28 November
Some of the country's most horrendous farm murders are being committed by exploited farm labourers, according to deputy president Kgalema Motlanthe. While condemning the behaviour of the community of De Doorns in the Western Cape - who attacked foreigners - as "acts of immorality and criminality", Motlanthe was also critical of farmers on Friday. - IOL website

Complaint lodged after Motlanthe's farm murder comments - 1 December
Deputy President Kgalema Motlanthe finds himself reported to the Human Rights Commission after accusing farmers of bringing the most brutal farm murders on their own heads by exploiting foreign labourers. - Times Live website

Former brothel owner switches sides - 25 November
The city has found a unique weapon in its fight against prostitution - a former brothel owner who last hit the headlines when she took her attempts to have prostitution legalised all the way to the Constitutional Court. Ellen Jordan, who lost R3,2-million and was bankrupted by her fruitless efforts to have the country's prostitution laws declared unconstitutional seven years ago, has since switched sides and will now be advising the city on the ins and outs of the industry. Reports during her court case in 2002 dubbed her "the Madam of South Africa", but Jordan said yesterday she had changed and now believed the sex industry was exploitative and women were driven to it through lack of choice. - IOL website

International Affairs

Section 39 : now that we've got it . . . - 21 November
What are we going to do with it? "It" being a seat on the Security Council of the United Nations. Although we were actually returned unopposed along with the other new members, the campaign for the seat was presented as the next-to-last struggle to end all struggles. - 234next website

Zim land deal : farmers threaten Davies - 20 November
More than 200 South African farmers whose land was seized in Zimbabwe are threatening legal action against the South African government for apparently excluding them from an investment protection treaty with Zimbabwe. They have written to Trade and Industry Minister Rob Davies threatening to take him to the High Court if he fails to provide a copy of the Bilateral Investment Protection Agreement between the two countries, to be signed on November 27 in Harare. - IOL website

SA mediators arrive in Zimbabwe - 30 November
Three South African mediators arrived in Zimbabwe on Sunday to help speed up inter-party negotiations there. Prime Minister Morgan Tsvangirai told a rally on Sunday that President Jacob Zuma was expected in Zimbabwe  this week, when he was expected to check on progress as Southern African Development Community's main mediator to the country. - Eye  Witness News website

Judiciary

New judges announced by Zuma - 25 November
President Jacob Zuma announced the appointment of 14 judges to various courts across the country today. - Business Day website
Keyphrases :
Annah Malefsane Kgoele(Mafikeng High Court)
Basheer Wagley (Labour Court. Deputy Judge President)
Herbert Qedusizi Msimang (KwaZulu-Natal High Court. Deputy Judge President)
Jeremiah Buti Zwelibanzi Shongwe (SCA)
Johannes Willem Eksteen (Eastern Cape)
Judith Margaret Roberson (Eastern Cape)
Keoagile Elias Matojan (Gauteng High Court)
Lorrimer Eric Leach (SCA)
Nomonde Patience Mngqibisa-Thusi (Gauteng High Court)
Phillip Coppin SC (Gauteng High Court)
Ronel Getruida Tolmay (Gauteng High Court)
Sulet Potterill (Gauteng High Court)
Urmila Bhoola (Labour Court)
Zukisa Laura Lumka Tshiqi (SCA)

Meyer Joffe tipped for top job at judicial institution - 27 November
The Western Cape legal fraternity’s hopes of seeing the back of Judge President John Hlophe appear to have been dashed after it emerged this week that the Jackie Selebi trial judge, Meyer Joffe, is the only contender for the South African Judicial Institute's top job. The Mail & Guardian can reveal that Judge Joffe - who has been at the centre of some controversy as the judicial officer presiding over the corruption trial of South African's former top cop - is the only judge who will be interviewed on Friday for the executive director's position. Joffe would fit the bill because he is winding down his career and is scheduled to retire in 2011 from his position on the South Gauteng High Court bench. - Mail & Guardian website

Retired SA judge warns against delayed justice - 27 Novembeer
A failure to deliver an outstanding judgement in good time is as much an abuse by a judge as beating a spouse would be, a retired South African Constitutional Court judge said in Windhoek on Friday. Retired Judge Johann Kriegler made the hard-hitting remark when he addressed a meeting of the Law Society of Namibia, which has tried - but failed - to get the Judicial Service Commission to take disciplinary action against Judges of Namibia's High Court and Supreme Court in connection with long delays in delivering reserved judgements. - allAfrica website

Why do Westerners get it so wrong? - 2 December
There is a long and ignoble tradition of Western intellectuals taking an interest in foreign regimes and getting it horribly wrong. There was a striking example of this disjuncture in the recent lecture, in Johannesburg, by Margaret Marshall the Chief Justice of the Massachusetts Supreme Judicial Court. Marshall was born in South Africa, studied at Wits University, and served courageously as NUSAS president in 1967. She left the country in 1968 to study in the United States and has not looked back, pursuing a distinguished legal career in her adopted country. In November Marshall was invited to Johannesburg to deliver the Bram Fischer Memorial Lecture by the Legal Services Trust. Her comments on the United States were critical and insightful, and in certain respects, highly relevant to South Africa. Her limited comments on the judiciary South Africa, however, managed to be both slavish and boastful. Before delivering her lecture, Marshall should have taken some time to properly acquaint herself with what has been happening in South Africa. As it is, her comments, such as they were, bore no relation to the actual lived reality. Moreover, they can be read as an endorsement of the agenda of the thugs and racists currently in charge. - Article by James Myburgh on the Politicsweb website

Bogeymen and loathing - 3 December
I want to respond to the article that appeared yesterday, written by James Myburgh, the editor of this site, itself a response to the comments made by Margaret Marshall, the Chief Justice of the Massachusetts Supreme Judicial Court. Jeremy Gordin responds to James Myburgh's criticism of Margaret Marshall on the Politicsweb website

"Strange alchemy of life and law" - 3 December
James Myburgh's article, "Why do Westerners get it so wrong?", gives a superb analysis of the "disjuncture" in the thinking of left/liberal intellectuals in Western societies when writing about foreign totalitarian systems of which they know very little indeed. Myburgh writes also, however, that this disjuncture in relation to foreign systems "stands in marked contrast to the rigorous and critical stance" these intellectuals "have to take in analysing their own societies - if they are to maintain their reputations and the respect of their peers". The difficulty is that in South Africa, this ignorance - the opposite of a "rigorous and critical stance", whether wilful or unconscious - is an ignorance at home. - Paul Trewhela on Margaret Marshall and the Bram Fischer question on the Politicsweb website

Justice Cluster

New-look judiciary mooted - 27 November
New Chief Justice Sandile Ngcobo is driving a major initiative to strengthen the independence of the judiciary. The Mail & Guardian has learned that the administrative arm of the country's courts is to come under the direct control of the judiciary. - Mail & Guardian website

How govt allocates legal briefs racially : Jeff Radebe - 24 November
Text of justice minister's speech to the BLA on November 13 2009
Acknowledging that the management of litigation by the state is fragmented and lacking in policy direction, we commit to the ideals of an integrated, policy driven, professional, empowering and cost effective management of state litigation. In this regard the department is in the process of finalising a blueprint which will mirror a framework on how state litigation should be managed and coordinated. This policy framework seeks to address the above challenges, to ensure an improvement in the quality of services rendered and generally for the proper management of state litigation. In the first quarter of the current financial year, of the 754 briefs that were issued to Counsel, 89% of these were issued to blacks (i.e. black females and males). Of the 89%, 63% was issued to black male advocates and 26% was issued to black females. It should be noted that in the majority of cases client departments dictate as they hold the purse, which counsel to brief, and that the State Attorney has no say in the matter. This situation must be remedied. With respect to the value of the briefs, R68 331 868 was paid out to counsel as opposed to R62 177 845 that was paid during the first quarter of the last financial year. Expenses increased by R6 154 023, that translate to nine percent. - Politicsweb website

Justice splurges R105m on 'luxury' - 23 November
Justice department staff, the minister and his deputy, as well as judges have been clocking up frequent-flyer miles and hotel stays at taxpayers' expense to the tune of R105-million so far this year. Last year the department spent R188m on travel and accommodation costs.The figures were given in a written reply to a parliamentary question.  - IOL website

11 November 2009
Introduction of the President of the Republic of South Africa, President Jacob Zuma, by Minister Jeff Radebe, Minister of Justice and Constitutional Development on the occasion of the Heads of Prosecuting Agencies Conference, at The Cullinan, Cape Town
SA Government Information website

Labour Issues

Cosatu meets to review strategy - 20 November
South Africa's powerful Cosatu trade union federation meets next week to take stock of its relations with the ruling ANC and progress made in economic restructuring to benefit the country's poor. Cosatu, which says it has over two-million members across the country, aims to convince President Jacob Zuma to change economic policies to improve the lives of millions of workers. - Creamer Media's Engineering News website

Labour court to hear whistleblower case - 26 November
A Limpopo municipal employee will go the Labour Court in Johannesburg on Friday after he was embroiled in revelations that a fellow employee allegedly stole municipal airtime to win a competition for a BMW. The Open Democracy Advice Centre (ODAC) is defending SA Municipal Workers' Union shop steward Patrick Aphane. He wrote to Finance Minister Pravin Gordhan in September asking for an audit of the Sekhukhune municipality's finances after the BMW allegations surfaced. He also confirmed this request on SABC radio and as a result was charged on October 29 for bringing the municipality into disrepute. - IOL website
Keyphrase :
Public Disclosures Act

Vavi, Godsell urge workers to make use of training layoff scheme - 8 December
The Congress of South African Trade Unions (Cosatu) said on Tuesday that it was disappointed in the number of employees and employers that have taken up government's training layoff scheme initiative. President Jacob Zuma said last week that the R2,4-billion scheme had saved around 4 482 jobs. Cosatu general secretary Zwelinzima Vavi told journalists that the training layoff scheme still had a long way to go before making up for the estimated 959 000 job losses that had occurred in South Africa, since the start of the economic recession. "The training layoff scheme is a fantastic opportunity", Millennium Labour Council chairperson Bobby Godsell told journalists on Tuesday. - Creamer Media's Engineering News website

Land Affairs and Property

Land use classification workshop
The Chief Directorate : National Geo-spatial Information (CD:NGI) of the Department of Rural Development and Land Reform held workshops in Cape Town, Pretoria, Pietermaritzburg and East London to discuss the National Land Use Classification and Methodology initiative. Comments and input from the various workshops held around the country are in the process of being collated and will be used to create a final proposed draft document which will then be proposed as a national standard. A secretariat is to be created to manage the National Land Use Classification and Methodology and it will have the ability to make amendments to the document where necessary. - ee publishers website

Sexwale slams 'morally reprehensible' fraud - 26 November
A total of 923 government officials have been caught during the Human Settlement Department's crackdown on corruption, Human Settlements Minister Tokyo Sexwale said on Thursday. "We cannot allow people to turn the poor into a business. This is morally reprehensible," Sexwale said. According to a report by the Special Investigation Unit (SIU), which heads the department's special audit task team, 800 of those arrested were in national and provincial government, and 123 in local government. Five members of the legal fraternity had been struck of the roll for housing corruption. - IOL website

Outraged group plans 'slumlord' class action - 3 December
Outraged citizens of Nelson Mandela Bay are gearing up to launch a massive class action against the municipality in a bid to get it to force Irish "slumlord" Ken Denton to repair his decaying and derelict properties in the city's historical heart. Some of the city's top legal minds have already been consulted and a campaign to raise R150 000 to start the class action will be launched shortly. "It is just a matter of deciding who would be best to go after", said one SOC (Save Our City) member who spoke on condition of anonymity. "It could be the municipality, the provincial government or heritage bodies such as the SA Heritage Resources Agency (Sahra) for failing to enforce the Heritage Act of 1999". - Weekend Post website

Tear it down : or pay - 24 November
At least four developers accused of building unauthorised holiday resorts on KwaZulu-Natal's treasured World Heritage Site, the iSimangaliso Wetlands Park, will have to demolish them and rehabilitate the area. If they fail to do so within a specified time, conservation authorities will tear them down, restore the bush and recover the costs from the developers. This is according to an order confirmed by Judge Piet Koen in the Durban High Court on Monday. - IOL website

Land Claims and Expropriation

Judge slams land laws - 11 December
In a strongly worded judgement recently handed down by Judge Yasmin Meer in the Land Claims Court in Durban, she expressed the court’s dissatisfaction with the numerous applications that landowners were being forced to bring before it, due to the ineptitude of the Commission on the Restitution of Land Rights in resolving land claims. In particular, Judge Meer singled out the commission’s failure to refer disputed claims to court, to honour deeds of sale entered into between landowners and the commission, and to comply with court orders. This judgment followed an application by a group of Bergville, KwaZulu-Natal, landowners for a contempt order against chief land claims commissioner Blessing Mphela. - Meat Trade News Daily website

Farmer paid by state after drastic measures - 4 December
A North
West landowner who was granted a court order in September compelling the Land Claims Commission to pay him in 48 hours finally received his money yesterday after his lawyer began attachment proceedings against the state. The case suggests other landowners who went to court to compel the commission to honour sale agreements worth over R300m may have to resort to attachment orders to force the state to pay its debts. Two months after the commission failed to obey a Land Claims Court order to pay Brits vegetable farmer Hennie Wolmarans, his lawyer Kerneels Lourens began steps to implement a recent Constitutional Court judgment. This allows moveable property belonging to the state to be attached and sold to satisfy a judgment debt. "It's a sad day in our democracy when we have to go so far", said Lourens. "This is undermining the rule of law and sanctity of contracts". - Business Day website

Hope lost in valley of broken promises - 8 December
Bureaucratic inertia and a financial crisis at the Land Claims Commission are having a devastating effect on both land claimants and farmers at the giant Hartbeespoort irrigation scheme in the Crocodile River valley, near Brits, a major food supplier to Gauteng. Court papers and personal accounts paint a depressing picture of declining vegetable production and a deteriorating security situation that has destroyed property values and resulted in several murders and an increase in farm attacks, arson, housebreaking, vandalism, and the theft of copper piping, irrigation equipment and crops. - Business Day website
Keyphrases :
Bakwena
Bapo Ba Mogale

Reprieve for ex-land affairs top official - 3 December
A former senior official in the department of land affairs will be able to spend Christmas with his family before knowing his fate on whether he will be convicted of corruption or not. Cyril Kabelo Chuene briefly appeared in the Nelspruit magistrate's court on Monday where his case was postponed to January 15 to allow him to get a new lawyer after his first lawyer withdrew from representing him. His R5 000 bail was extended. Chuene allegedly solicited and received a R10 000 bribe from a farmer after promising him that he would nullify a claim on his farm in Beestekraal near Hazyview. - Sowetan website

MPs may take on Treasury over land reform shortfall - 23 November
Parliament has urged the government to allocate more money to agrarian reform, saying SA cannot afford to postpone this any longer and the lack of sufficient funding would compromise its development agenda. The legislature's view was expressed in a report adopted by the House last week in response to the medium-term budget policy statement tabled in Parliament by Finance Minister Pravin Gordhan last month. - Business Day website

Minerals and Energy

Mixed reaction to Eskom tariff proposal - 1 December
Eskom's revised tariff proposal received a mixed reception on Tuesday. Opposition parties rejected the proposed 35% tariff increase every year for the next three years, down from the previous proposed increase of 45%, saying it did little to "dampen concerns" about the effects of inflation. - Polity website

Eskom tariff hike won't help growth : ANC - 2 December
Electricity parastatal Eskom's revised tariff increase proposal will not help growth in the country, the ANC said on Wednesday. The party was "concerned" about the effect Eskom's revised 35% tariff increase proposal for a three year period, would have on the majority of South Africans who would find it "hard to afford". "We see the Eskom proposal to the National Energy Regulator of South Africa (Nersa) not assisting South Africa's economic growth, especially its recovery from the recent economic recession," the ANC said in a statement. - Creamer Media's Engineering News website

Eskom loses power monopoly - 4 December
The government opened the door for independent power producers by announcing the National Integrated Resource Plan on Thursday, scotching Eskom's plans to stall construction of the Kusile power station. The Department of Energy is drawing up the regulations that Eskom and the National Energy Regulator (Nersa) must follow. Energy Minister Dipuo Peters says the department is also creating a new entity, the Independent System Operator (ISO), which will not reside within Eskom. - Fin24 website

SA minerals law too 'weak' on beneficiation, Cronin avers - 26 November
South African Communist Party (SACP) deputy general-secretary Jeremy Cronin has described provisions on minerals beneficiation in the country's Mineral and Petroleum Resources Development Act as "weak", but has also suggested that a legislative amendment might be a more "effective" and "affordable" remedy than nationalisation. In a response to the African National Congress Youth League's framework document on the nationalisation of mines, Cronin (whose critique was described as "racist" by the league's president Julius Malema) agreed that the continued exportation of largely unprocessed minerals was reproducing "our semicolonial economic status" and costing South Africa "many potential jobs". - Creamer Media's Mining Weekly website

Biff! Bang! Wack! Pow! The nationalisation debate gets personal - 23 November
The South African Communist Party deputy general secretary Jeremy Cronin's core position is that nationalising the mines is a bad idea, not because nationalising things is necessarily bad, but because the mines are in too hopeless a state to be worth nationalising. Sasol and ArcelorMittal, on the other hand, should be nationalised, he argues. Malema's core position in response to this bizarre logic is that Cronin is (a) not a proper communist, and (b) that obviously, the useless mines will not be nationalised, only the ones making a profit. And obviously, the state will not have to pay for them. - The Daily Maverick website

25 November 2009
SACP : Statement by Jeremy Cronin, South African Communist Party Deputy General-Secretary, on the Nationalisation of the mines
Polity website

Motsepe backs nationalisation of mines - 10 December
Businessman Patrice Motsepe would back nationalising the country's mines if it was in the country's best interests, SABC radio reported on Tuesday. "My belief has always been, if nationalisation is what is in the best interests of South Africa, I'll support it, whether it's nationalisation, or whether it's socialism - if the policies are what will improve, uplift and create a better lifestyle, better living conditions . . ." the billionaire and executive chairperson of African Rainbow Minerals (ARM) said at a handover of a rural upliftment project in Limpopo. - Mail & Guardian website

Municipal Management and Procedure

eThekwini

Press Release : City launches Maritime Cluster

This press release was emailed out at : 07 December, 2009 19:03

The Municipalitys Economic Development Department has joined forces with the maritime sector to establish the eThekwini Maritime Cluster as a platform for the industry to identify and address cross cutting issues of strategic importance as a collective. The launch of the eThekwini Maritime Cluster marks a significant milestone for the implementation of the Maritime Industry Development Programme through public private partnerships to ensure the industry in Durban remains efficient and competitive.

The partners involved include : the eThekwini Municipality, Transnet, Department of Economic Development & Tourism, National Department of Transport, Durban Investment Promotion Agency (DIPA), Department of Trade and Industry KZN (TIKZN), Durban Chamber of Commerce and Industry, and the Maritime Industry. Cllr Lafaso Majola, Deputy Chairman of the Economic Development Committee said that as of the Durban Port is the largest on the African continent, the eThekwini Municipality therefore recognises the critical role of the Maritime industry towards the local and provincial economy. We regard the multi billion rand maritime industry as a pillar of our transforming and progressing economy. This cluster will be the stimulus for the industry and will play an important role in supporting and developing the industry and value chain efficiencies.

He explained that through this cluster, the Port of Durban, the shipping industry, government and the local economy were inextricably intertwined in a unique partnership of sustainable development, economic growth and job creation for previously disadvantaged people.

We look forward to working together with all industry stakeholders to ensure that Durban holds its grid position as Africas leading harbour and container port, he added.

The Port of Durban is South Africas largest port in terms of value of cargo handled as well as number of vessel arrivals per annum. It is estimated that the port and its related industries contribute in excess of 20% of Durbans GDP. Durban is approximately 55% of the KwaZulu-Natal GDP, which in turn is approximately 15% of the South African GDP. Thus, in round figures the Maritime Industry in Durban contributes between 1.5 and 2.0 percent of the national GDP. Depending on which sub-sectors are included in the estimate, this points towards a contribution to the local GDP of between R25bn and R35bn according to Port of Durban statistics.

Mr Shunnon Tulsiram, Head : Economic Development Unit said, The development and operations of the Port of Durban and City are interrelated at various levels. To achieve a common vision for the sustainable development of the Port and City in the future, and to ensure their successful co-existence, joint planning is essential. He added, the eThekwini Municipal Area and the KZN province is highly dependent on the maritime sector as one of the main economic drivers of the region, therefore it is critical that the port and the inter-related shipping and cargo sectors are efficiently capitalised and managed in order to remain competitive by international standards. This is a public private partnership that will help bring about change that is required. It would be driven by the industry".

Mr Jannie Roux, Chairman of the eThekwini Maritime Cluster said, "If we have a successful port, we will have a successful city. It is that realisation that caused the City to have a maritime cluster. The role of the cluster is to keep the port successful for the future. We also need to have infrastructure to ensure successful growth of the port".

For more info contact Mrs Noma Sokhela, Programme Manager : Logistics, Economic Development Unit on telephone 031-311 4096 or email sokhelan@durban.gov.za

Issued by the eThekwini Municipality, Communications Unit. Tel Sohana Singh on 031-311 2044 or email singhsohana@durban.gov.za

 

Press Release : Misspelt Geographical Names to be Corrected

This press release was emailed out at : 25 November, 2009 13:55

The eThekwini Municipalitys Executive Committee (EXCO) has approved recommendations by the KZN Provincial Geographic Names Committee to correct the spelling of some rivers and settlement names around eThekwini Municipal area.

The Provincial Committee said the names would have to be urgently corrected so that they could be adopted together with the name of the new airport in La Mercy.

A report containing 19 incorrectly spelt names of rivers and settlements was submitted to EXCO this week. The list contains the existing names, the proposed names as well as the reason for changing the names. Some of the names included in the list are: Inanda, which will be changed to eNanda, uMgeni (river) to uMngeni, eMgeni (village) to eMingeni Amanzimtoti to eManzamtoti, Umhlanga to uMhlanga Rocks.

Other names that will be corrected are : Umlazi/Umlaas to eMlaza, Umhlali to eMhlali, Tongaat to oThongathi and uMbongintwini to eZimbokodweni. The names suggested for correction will be forwarded to the National Minister of Arts and Culture for approval. The EXCO also accepted a report from the Masakhane, Grants-in-Aid, Non-Racism, and Non-Sexism Committee, seeking permission to name unnamed streets in ward 20, KwaDabeka to the west of Durban and ward 58 in Waterloo to the north. The naming of the streets is in line with an EXCO resolution seeking to rationalize township addresses so that every street within the eThekwini Municipality should be named. According to the report, all ward and PR Councillors were informed of the project and no objections were received from the affected communities.

Whilst some of the streets are to be named after local heroes, a majority of them will be named using neutral names such as those of flowers, animals and rivers.

Issued by eThekwini Municipality, Communications Unit. For more information, please contact Mandla Nsele on 031-311 2276 or e-mail nselem@durban.gov.za

National Intelligence Service

3 December 2009
Zuma : Address by the President of South Africa, at the Intelligence Services Day, Pretoria
We speak of state security because our primary task is to defend our people against any hostile force aimed at undermining their sovereignty and disrupting the national programmes. This country is not immune to these kinds of threats, and at all times requires adequate institutions and resources to mitigate them. These lead us to undertake a comprehensive review of legislation governing intelligence structures, ethics of work, quality of intelligence product and the infrastructure required to be efficient. We also plan to improve the capacity of intelligence through an increase in spending on technical capacities and tradecraft training. We are also guided by the objective to build an 'intelligence officer for life'. - Polity website

National Prosecuting Authority

Pikoli and State reach out of court settlement - 22 November
Eyewitness News has learnt that axed NPA head Vusi Pikoli has reached an out of court settlement with the state. The two parties acknowledged a breakdown took place in their relationship and Pikoli has subsequently received a R7.5 million settlement. - Eye Witness News website

Pikoli's lawyer to withdraw case - 23 November
Former National Director of Public Prosecutions (NDPP) Vusi Pikoli's lawyer will withdraw on Monday an application challenging his dismissal in the High Court in Pretoria. "I will be withdrawing the application today [Monday]", his lawyer, Aslam Moosajee, said. - Mail & Guardian website

Does R7,5m pave the way for Pikoli's new job? - 23 November
President Jacob Zuma has opened the door for axed prosecuting head Vusi Pikoli to find a new job in the government. And, in the R7,5 million settlement deal that ended Pikoli's legal war with the state, government officials have not only recognised the former national director of public prosecutions as a "man of integrity", but also reaffirmed the importance of prosecutorial independence. - IOL website

Paying off Pikoli - 24 November
The settlement agreement between former national director of public prosecutions (NDPP) Vusi Pikoli and the government makes for fascinating reading. The government concedes that Pikoli is "professionally competent, sufficiently experienced and conscientious and (has) the requisite integrity to hold a senior public position". - Business Day website

Pikoli, the NPA and the R7.5 million - 24 November
It is a pity that Vusi Pikoli decided not to embarrass the government by going ahead with his case in which he was challenging the lawfulness of his suspension and eventual firing as head of the National Prosecuting Authority (NPA). - Pierre de Vos on the Constitutionally Speaking blog

Who will run the NPA? - 24 November
Now that Vusi Pikoli has pocketed his R7.5 million and is out of the picture, President Jacob Zuma has a free hand to appoint a new National Director of Public Prosecutions (NDPP). The constitution is pretty clear on this and also on what that person should be : The head of the NPA must be a "fit and proper person" and "able to appear in any court in the Republic". In other words, he or she, must be an advocate. We take a look at some of the possible candidates. - The Daily Maverick website

Zuma to move fast on NPA - 24 November
President Jacob Zuma is expected to move fast to appoint a new national prosecutions chief and to pick somebody not associated either with his inner court or his long battle with the law, analysts said on Tuesday. Centre for Policy Studies senior researcher Aubrey Matshiqi said Zuma is likely to make "a strong choice" in a bid to send a reassuring message about the rule of law. - Polity website

New NPA chief named - 25 November
Former justice director general Menzi Simelane has been appointed National Director for Public Prosecutions with effect from 1 December, the presidency said on Wednesday. President Jacob Zuma has appointed the Deputy National Director for Public Prosecutions, Advocate Menzi Simelane, as the National Director for Public Prosecutions with effect from the 1st of December 2009, in terms of Section 10 of the National Prosecuting Authority (NPA) act 32 of 1998," a statement read. - iafrica website

Simelane : Zuma's shock choice - 25 November
Outrage as discredited Menzi Simelane is placed in charge of prosecutions. He disgraced himself before a government-appointed commission by giving testimony that was found to be contradictory, inaccurate and "without basis in law", but Menzi Simelane has now been appointed South Africa's chief prosecutor. - Times Live website

Ginwala on Simelane : full text - 25 November
Times Live blog

Neither fit nor proper - 25 November
President Jacob Zuma has a wide – but not unlimited – discretion to appoint the National Director of Public Prosecutions (NDPP). By purporting to appoint Adv Menzi Simelane as NDPP, President Zuma acted unlawfully because Simelane clearly does not meet the requirements for the job as stipulated by the National Prosecuting Authority (NPA) Act. What counts in Simelane's favour is that his view of the NPA – not shared by Ginwala, senior counsel or by any person who has read the Act and the Constitution –  is that the NPA is not independent, that the NPA should take instructions from the Minister of Justice and the President – even in making decisions on individual cases – and hence that the NPA is a tool in the hands of the government to do with it as it pleases. If this appointment is allowed to stand, it will bring an end to even the pretense that the constitutional guarantee that the NDPP must act without fear, favour or prejudice, will be adhered to. - Pierre de Vos on the Constitutionally Speaking blog

Presidency responds to law professor's remarks - 1 December
In a vibrant democracy such as South Africa's, this is to be expected. However, certain utterances - such as calling President Jacob Zuma a "gangster" - clearly go beyond the standards of decency and intelligent debate. - BuaNews Online website

Apology to President Zuma - 1 December
In my criticism – which I believe to be valid and based on the proven facts and a correct interpretation of the law and the Constitution – I unfortunately reverted to the kind of intemperate language, which sadly has become all too common in our political discourse, by referring to our President as a "gangster". I regret using such intemperate language, which detracts from the substantive debate regarding the unfitness of Adv Menzi Simelane to hold office as the National Director of Public Prosecutions. I wish to apologise unreservedly to our President for the use of this intemperate language which, as the Presidency points out, does not contribute to the healthy and respectful debate so needed in our democracy. - Pierre de Vos on the Constitutionally Speaking blog

Simelane slammed as 'inappropriate' choice - 25 November
Opposition parties expressed reservations on Wednesday about the appointment of Menzi Simelane as National Director of Public Prosecutions. "It is difficult to imagine a more inappropriate choice", the Democratic Alliance spokesperson on justice Dene Smuts said. Independent Democrats leader Patricia de Lille was shocked that President Jacob Zuma could appoint someone "accused by Frene Ginwala's panel of deceiving Brigitte Mabandla, his former boss and justice minister, and of interfering with the NPA's independence". - IOL website

Dismay as Simelane succeeds Vusi Pikoli at NPA - 26 November
Senior political analyst at the Centre for Policy Studies Aubrey Matshiqi said Simelane's appointment was perplexing. The "inauspicious circumstances" under which Zuma became president should have led him to send a strong message about the rule of law and independence of institutions, he said. "This appointment defied that expectation and may send the opposite message that politics must triumph over the independence of our institutions". - Business Day website

Why Simelane for the NPA? - 27 November
The simple question for me on this one is why Simelane? - Michael Trapido on the Thought Leader blog

'Hands-on' Simelane has a different take on prosecuting body - 26 November
When he was director-general of the Department of Justice, Menzi Simelane expressed a very different view of his new role as national director of public prosecutions than his predecessor, Vusi Pikoli. If Simelane stands by those opinions, a differently structured National Prosecuting Authority (NPA) can be expected to the one under Pikoli. During last year's inquiry into Pikoli's fitness to hold office, chaired by former speaker of the National Assembly Frene Ginwala, Simelane described the "difference of opinion" between himself and Pikoli. - Business Day website

Setback for German-SA probe into bribes - 26 November
Menzi Simelane's appointment as new head of the National Directorate of Public Prosecutions will end any hopes of reviving a joint German-South African prosecuting agency investigation into alleged bribes paid by German warship manufacturer Thyssen Krupp in the 1999 arms deal. When Simelane was director-general of the Justice Department, the German authorities had asked for cooperation from the department to investigate the alleged bribes. Simelane first said he had never received their request, then that he had sent it back with questions of his own. But in February, the NPA told Parliament's standing committee on public accounts that they wanted to work directly with the German authorities in investigating the arms deal, because the Justice Department was not cooperating. - Sowetan website

Formal complaint laid against new NPA boss - 27 November
Simelane's legal standing as an advocate is also under threat. Senior Counsel Patrick Ellis, head of the ethics committee for the Pretoria Society of Advocates, confirmed to the Cape Argus today that he had received a formal complaint against Simelane, specifically regarding his testimony before ANC elder and former Speaker Frene Ginwala's commission of inquiry into the fitness to hold office of Simelane's predecessor, Vusi Pikoli. - IOL website

Rumour of resignation rocks National Prosecuting Authority - 26 November
A second shockwave hit Gauteng Justice with claims that the regional director of public prosecutions, Advocate Charin de Beer SC, "has resigned", "is being replaced" or "moved out" and "will not be back". "It could be the first in a wave of backlash resignations", The Citizen was told by a reliable source. - The Citizen website

'Zuma's first choice was not Simelane' - 29 November
Controversial newly appointed prosecutions boss Menzi Simelane turned on Thabo Mbeki and former presidential legal adviser Mojanku Gumbi, telling President Jacob Zuma and Justice Minister Jeff Radebe that he took a fall for the previous government. Simelane was not Zuma's first choice for National Director of Public Prosecutions though, as Weekend Argus has learned reliably that the ANC initially approached distinguished lawyer Dumisa Ntsebeza just before elections, and he turned it down. - IOL website

Radebe believes Simelane is ready for the job - 27 November
Justice and Constitutional Development Minister Jeff Radebe has commended the appointment of Menzi Simelane as national director of public prosecutions, saying that he is fit to occupy the position. Speaking at the University of KwaZulu-Natal on Thursday night, Radebe said there would be nothing that would prevent Simelane from assuming his position. - IOL website

Simelane is proper person for NPA : Radebe - 27 November
Justice Minister Jeff Radebe on Monday criticised the Ginwala inquiry for its "attack" on new NPA head Menzi Simelane and the Public Service Commission (PSC) for failing to allow Simelane to state his case. Briefing the media, Radebe said that having considered all relevant factors, he was satisfied that the PSC's recommendations did not justify conducting a disciplinary hearing against Simelane. - IOL website

30 November 2009
Statement by Jeff Radebe, Minister of Justice and Constitutional Development, on Menzi Simelane
Polity website

Case for last link in Zuma's judicial safety chain is weak - 3 December
The  brouhaha around the appointment of Menzi Simelane as National Director of Public Prosecutions (NDPP) is unlikely to die down anytime soon. If anything, the stout defence by Justice Minister Jeff Radebe of President Jacob Zuma's decision to appoint Simelane, who was not even tipped by any of the pundits, has simply added fuel to the fires of criticism. This matter is not insignificant. - Article by Paul Hoffman on the allAfrica website

The case against Simelane - 4 December
The General Council of the Bar (GCB) is
nvestigating 17 complaints against newly appointed prosecutions boss Menzi Simelane, including allegations published in the Mail & Guardian a year ago. - Mail & Guardian website
Link to Ellis memorandum :
http://www.mg.co.za/uploads/2009/12/03/simelanedoc.pdf 

NPA's independence at stake? - 4 December
The institutional independence of the National Prosecuting Authority (NPA) could be at risk if newly appointed prosecutions head Menzi Simelane's view of the role of the Department of Justice in the NPA prevails. - Business Day website

Tutu : Simelane appointment an 'aberration' - 7 December
Archbishop Emeritus Desmond Tutu on Monday called on President Jacob Zuma to reverse the appointment of national prosecutions boss Menzi Simelane, describing it as an "aberration". "The appointment of advocate Menzi Simelane as National Director of Public Prosecutions is a setback for the integrity of South Africa's post-apartheid legal system," Tutu said in a statement. "Simelane's integrity has been questioned from within his own political party and by his profession". - Mail & Guardian website

Simelane scoffs at 'armchair critics' - 9 December
Chief prosecutor Menzi Simelane has scoffed at "armchair critics" opposed to transformation, in his first reported reaction to the controversy surrounding his appointment. Simelane, through National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga, spoke to the Star newspaper. - Mail & Guardian website

Simelane to 'revolutionise' NPA - 9 December
Advocate Menzi Simelane, who has been in office for seven days, is expected to make "some revolutionary decisions" with regard to the future functioning of the National Prosecuting Authority (NPA), read a statement from the body. The newly appointed NPA boss has already announced his policy for prosecutors in the higher and lower courts. This includes office-bound decision makers going back to the courtroom. - The Citizen website

DA going to court over Simelane - 10 December
Democratic Alliance leader Helen Zille will on Friday bring a legal challenge against the appointment of Menzi Simelane as National Director of Public Prosecutions. On Thursday, the DA said Zille would be approaching the North Gauteng High Court in a bid to oust newly-appointed Simelane. - News24 website

'Court bid won't stop Simelane' - 11 December
New prosecuting boss Menzi Simelane was "undeterred" by the court bid that the DA will launch today to challenge his appointment. And, said National Prosecuting Authority spokesman Mthunzi Mhaga, the court bid would have no impact on the stability of Simelane's leadership of South Africa's prosecutors. - IOL website

Presidency

8 December 2009
Zuma : Oliver Tambo Memorial lecture by the South African President, Lusaka
Polity website

Privacy

Google Street View raises crime fears in South Africa - 30 November
In the apartheid era it would have looked distinctly sinister : strange vehicles on patrol in South Africa's townships with protruding cameras capturing billions of images. In fact, the Toyota Prius cars and the quirky tricycles belong to Google, which is bringing its popular but controversial Street View service to Africa for the first time. Community groups have expressed fears that criminals will be able to analyse suburbs and pinpoint vulnerable house, getaway routes and hiding places. - Mail & Guardian website

Road Accident Fund

Pretoria Bar Council probes 'double briefing' - 30 November
The Pretoria Bar Council launched an investigation into 'double briefing' by some advocates who were thought to be wrongfully earning tens of thousands of rand in fees. This was primarily related to cases involving the Road Accident Fund. At the same time, advocates at the Johannesburg Bar told  Eyewitness News there were persistent allegations the practice was occurring there too. - Eye Witness News website

Victim waits for ruling on claims - 8 December
An East London woman’s hopes of claiming money from the Road Accident Fund for pain and suffering after an accident last year now lies with the North Gauteng High Court which will hear an application launched by the Law Society of SA on behalf of seven applicants against the RAF and the Minister of Transport. According to Johannesburg attorneys Adams & Adams' Nicolette Koch, the applicants are asking the court to declare certain sections of the RAF Amendment Act unconstitutional and invalid. - Dispatch Online website

'Shoot to Kill'

Thou shall not (just shoot to) kill - 24 November
In the last few weeks in South Africa, exponents and antagonists of a proposed 'shoot to kill' policy have been provided with ample ammunition. - Polity website

Cele tells police to use deadly force - 7 December
National Police Commissioner Bheki Cele has again told members of the South African Police Service (SAPS) to "use deadly force" against criminals. "If somebody uses a camera to shoot you, smile. But when they use anything else to shoot you, use deadly force before anybody uses it - and don't miss", he said at the launch of the police's festive season campaign in Sandton, Johannesburg on Monday. Cele said he had never used the term "shoot-to-kill" and he was not about to. - Polity website

Trade and Industry

Developing countries ready tariff deal without WTO - 20 November
As the World Trade Organisation's Doha round stumbles into its ninth year with no end in sight, a group of 22 developing countries are poised to clinch their own deal to cut tariffs and boost trade among themselves. The deal to expand the General System of Trade Preferences (GSTP) could be announced during the WTO's own three-day ministerial conference starting November 30, when trade ministers from most of its 153 members will be in Geneva. - Creamer Media's Engineering News website

Zimbabwe : trade deal with South Africa of farm products - 25 November
Zimbabwe and South Africa have signed a bilateral investment protection treaty. However, the treaty omits the contentious issue of the many farms President Robert Mugabe expropriated without compensation under his land reform programme.South African trade and industry minister Rob Davies said that addressing the issue of expropriated land would have "opened up old wounds" and made it impossible to negotiate the agreement. He said South Africa wanted to contribute to stabilising the economy and political situation in Zimbabwe. - Meat Trade News Daily website

SA business boycotts BIPA ceremony - 27 November
A South African business union on Thursday said it was boycotting today's signing ceremony of a bilateral investment promotion and protection agreement (BIPA) between Zimbabwe and South Africa in Harare, saying it was not consulted about the pact's content. Business Unity South Africa (BUSA), which said the reported content of the BIPA has rung alarm bells for some members, insisted that the agreement would work better if private investors were happy with the document. - ZimOnline website

Business should take advantage of trade pact - 30 November
The signing of the Bilateral Investment Promotion and Protection Agreement (Bippa) between Zimbabwe and South Africa should spur the country’s businesses to work hard. The signing of the agreement, which has been on the cards since 2004, is also testimony of the trust that South Africa has on the inclusive Government and goes a long way to show good neighbourliness. The agreement is set to unlock investment inflows into both countries and local industries should use the opportunity to widen their markets and also source funds for other projects. - Chronicle website

Transport and Roads

Containers stuck as ban is enforced - 11 December
The transportation of containers by road has been thrown into chaos by the Department of Transport enforcing legislation that bans truck trailers commonly used in South Africa from carrying international standard "high cube" containers. These containers account for more than 50 percent of all containers transported. The Road Freight Association (RFA) said at least 80 vehicles had been impounded by 10am yesterday in Pinetown by the Road Traffic Inspectorate. - Business Report website

Miscellaneous

Ginwala slates poor leadership - 6 December
Former parliamentary speaker Frene Ginwala has decried what she described as President Jacob Zuma's lack of political leadership. - Times Live website

Come and get me : fraudster dares cops to find him - 3 December
A self-confessed fraudster, who thrives on stealing people's identities and running up large debts in their names, has dared the police to find him.
"And I am not about to stop", he bragged. "This is the only skill I have. At least I am not killing anyone", said the Pretoria man who operates under several names. Sowetan contacted the suspect, who calls himself John. "Google the word 'fraud'", he said. He later asked : "After reading the dictionary meaning of fraud do you still think I owe [one of the victims]?" Sounding unperturbed, the man revealed that he was married with two children and that he drives a luxury car. "I have an IT degree but I am fascinated by this", he said. Asked if we could visit his house, he calmly remarked : "Do you honestly expect me to tell you where I stay?" He also offered tips to [one of his victims]. - Sowetan website

'Drug lord linked' to Cwele's wife arrested - 6 December
A man thought to be a Nigerian drug lord, allegedly with links to the wife of State Security Minister Siyabonga Cwele, has been arrested on the East Rand for drug dealing. Frank Nabolis  was arrested by members of the Hawks special investigations unit.  It had been reported that Sheryl Cwele was being investigated for international drug trafficking after claims that she was directly linked to Tessa Beetge, an unemployed Margate woman who had been arrested in Sao Paulo on June 13, last year, for possession of 9kg of raw cocaine. Police last week confirmed their investigation into Cwele's alleged links with the drug syndicate had been completed, and that the docket had been sent to the Directorate of Public Prosecutions for a decision on whether to prosecute. - IOL website
Keyphrase :
Drug smuggling

Meteor belongs to the state - 25 November
The Astronomical Society of South Africa said on Wednesday a meteor had no monetary value and belonged to the state where it landed. Dozens of people claimed the meteor spotted over Gauteng at the weekend landed on their property. - Eye Witness News website

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