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

19 February 2010

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

InfoUpdate 4 of 2010
Useful Links
and Items of Interest 

 

Cllick on the underlined hyperlink where relevant

South Africa

2010 FIFA World Cup

Vuvuzela victims could sue for damages - 15 February
The World Cup local organising committee, Fifa and stadium management could face damage claims if they fail to warn or protect football fans from the potential harmful effects of vuvuzelas. Professor De Wet Swanepoel of the University of Pretoria said according to the SA National Standard regulating occupational noise exposure, no one within a two-metre radius of a vuvuzela should be exposed to it continually for more than a minute. SA 2010 chief executive Danny Jordaan has said the tournament "will be the loudest World Cup", and the local organising committee has dismissed the study as unscientific and one that does not prove vuvuzelas pose a risk to hearing. - IOL website

Renting out rooms for World Cup? Be warned . . . - 16 February
Those hoping to rent out rooms for the first time to cash in on the World Cup have been warned of substantial risk to guests and owners. Federated Hospitality Association of Southern Africa (Fedhasa) chief executive Brett Dungan "strongly recommended" that those hoping to enter the hospitality market during the World Cup draft a legal document with terms and conditions protecting themselves from malicious damage or fraud by visitors. - IOL website

Renting out your property for the World Cup? - 19 February
Those looking to score from the influx of World Cup visitors could be caught offside by more insurance snags than they realise. - moneyweb website

Cape tourism sector forms pricing code to address overpricing perceptions around 2010 FIFA World Cup - 10 February
In a bid to translate commitment into action, Cape Town Tourism formulated a Code of Responsible Pricing for Cape Town. The code is endorsed and will be implemented by the City of Cape Town, the Western Cape Provincial Department of Economic Development and Tourism, Cape Town Routes Unlimited, FEDHASA (the Federated Hospitality Association of South Africa), SATSA (the South African Tourism Services Association), The Portfolio Collection, Fair Trade in Tourism South Africa, Backpackers South Africa, and SAACI (the South African Association for the Conference Industry). - ForImmediateRelease website

World Cup booze plan fury - 18 February
Any pub, restaurant, hotel or university wanting to screen World Cup games and sell liquor at the same time could first have to fork out R50 000 for a special liquor licence. This is according to draft legislation gazetted by the Department of Trade and Industry on January 18, which was open for comment until yesterday. According to the "2010 Soccer World Cup Liquor Policy" any "public viewing event" where matches are broadcast to an audience - "general public or otherwise" - will need the special licence to sell alcohol. Lawyer Marius Blom, an expert on liquor legislation, said the proposed bill was contrary to the provisions of the constitution and that the department had gone beyond the boundaries of its powers. - IOL website

18 February 2010
The Department of Trade and Industry pleased with public comments on draft liquor control policy
SA Government Information website

 

Joburg's informal traders to score at World Cup - 17 February
Johannesburg's informal traders stand to score big during the 2010 Fifa World Cup if they adhere to the international soccer body's by-laws, the city's 2010 office said on Wednesday. "Though trading will not be permitted in exclusion zones around the stadiums on match days, new opportunities are being created for traders to benefit from being situated in high-fan traffic areas", spokesperson Sibongile Mazibuko said in a statement. She advised informal traders to join programmes designed by the Department of Economic Development (DED) to help coach them through the tournament. - Mail & Guardian website

Banking

Debate to 'nationalise' Reserve Bank hots up - 14 February
A faction of SA Reserve Bank shareholders, apparently representing more than 20% of the bank's shares, are planning to force governor Gill Marcus to hold an extraordinary general meeting in the next few months to "clarify the rights" of shareholders. The shareholder group, for whom German national Michael Duerr has become an unofficial spokesman, clashed repeatedly with Marcus's predecessor, Tito Mboweni, sparking several dust-ups at the bank's annual shareholder meetings. - Times Live website

See also :
Mboweni Equality Court hearing told of heated exchange at Bank AGM [Equality Courts]
Gordhan repeats Reserve Bank will remain independent
below

Criminal Justice System

40% of witnesses quit protection programme - 18 February
Many witnesses placed at safe houses under the state protection programme have left due to the financial squeeze. In the past year about 40 percent of witnesses have left the programme, up from 16.9 percent the year before, according to the Justice Department's budget vote, tabled in Parliament on Wednesday. - IOL website

Education

Father levels abuse charge at teachers - 18 February
Three Durban teachers at the Highway Christian Academy in Pinetown face a child abuse charge after they allegedly made the pupil stay out of class in the heat for several hours. The boy was taken to Pinetown Medicross, where a doctor said his symptoms were a result of heat exhaustion. The principal, Gavin Brophy, denied that the child had been forced to sit in the sun. "The senior department head told me that both pupils were suspended for a day, which is normal practice when pupils fight. It's aimed at allowing them to cool down". He said the boy was removed from the class because it would have set a negative precedent had he been allowed back while on suspension. While the boy had been told to leave the class, he had been free to drink water and sit wherever he wanted to. - IOL website

Environment

'Parts of SA may be uninsurable' - 18 February
As the effects of climate change intensify, large areas of South Africa could become uninsurable, according to Santam's chief executive Ian Kirk. Kirk was speaking at a forum organised in the city this week by the University of Cambridge Programme for Sustainability Leadership on what the failure of the Copenhagen climate change negotiations means for business. - IOL website
Keyphrase :
Climate change

Government

Chabane outlines plan to improve govt performance - 12 February
Minister in the Presidency for Performance Monitoring and Evaluation Collins Chabane on Friday outlined some of the 12 performance outcomes that government has set itself. He noted that Cabinet had already approved nine of the 12 outcomes last year, with the remaining three to be discussed in Cabinet in the next two weeks. President Jacob Zuma said in his State of the Nation address on Thursday that department’s performance would be monitored to improve government's performance. One of the key outcomes would be the creation of decent employment through inclusive economic growth, with government aiming to increase income and employment on an individual level and to promote equality and economic growth on a broader scale. - Creamer Media's Engineering News website

12 February 2010
Statement by the Minister for Performance Monitoring and Evaluation as well as Administration, Collins Chabane, to announce the performance outcomes and measurable outputs ; Imbizo Media Centre, Cape Town
SA Government Information website

State enterprises may be 'rationalised' - 19 February
State-owned enterprises are under review for possible rationalisation, the Treasury's director- general Lesetja Kganyago confirmed yesterday. The review is being conducted by the Department of Public Enterprises and the Treasury. - Business Day website

Health

National health plan 'may cost extra R244bn' - 15 February
A new study commissioned by private hospitals has cast doubt on the African National Congress's (ANC's) proposals for national health insurance (NHI), raising tough questions about its affordability and feasibility. Research by the Econex consultancy group shows the government will have to come up with an extra R165bn-R244bn a year, over and above the money it already spends on public health. In the fiscal year 2008-09, the government’s health budget ran to R84bn. - Business Day website

History

Lawyer tells how he tried to cut Mandela speech - 13 February
One of Nelson Mandela's Rivonia trial lawyers confessed on Friday how he tried - and failed - to stop the ANC leader using one of the most famous phrases in South African history. Joel Joffe, instructing attorney in the 1964 trial, was speaking at a reunion of political prisoners hosted by President Jacob Zuma at his official residence in Cape Town. "[Advocate] George Bizos said to him, Madiba, if you actually say those words, the court will take it as an invitation to impose a death sentence. And it might well accept that invitation". Mandela was, however, adamant that was what he would say, Joffe said. - Mail & Guardian website

Portrait of a winning nation - 17 February
There I was sitting in my office in December 1989 when the phone rang. "Hello, this is Sergeant Marais of the South African Police". "Yes, Sergeant Marais, what can I do for you?" "There's a prisoner who would like to talk to you". "I don't know any prisoners". "You know this one". "Really?" "Nelson Mandela". "You're kidding". "No I'm not". "When would he like to see me?" "Anytime". So off I went to Victor Vester in early January 1990. - Clem Sunter on the News24 website

Human Rights

Girls, 14, forced to marry in South Africa - 14 February
Girls as young as 14 are still being forced into marriage in some rural communities in South Africa, despite a campaign to end the practice. Hundreds of teenagers every year fall victim to what village elders defend as a "tribal tradition", most of them in the Eastern Cape. The refuge where the girls we spoke to are staying was set up by Zoleka Capa, who is using her status as the first female Mayor in the area to try to change the traditions of her own people. - Sky News website
Keyphrase :
Virginity testing

International Affairs

Death penalty threatens Botswana/SA relations - 18 February
The legal standoff between Botswana and South Africa over the death penalty is threatening to disrupt diplomatic relations between the two countries. This week the Minister of Defense, Justice and Security, Ramadeluka Seretse vowed that Botswana will not give in to South Africa's demands of assurances that murder suspects extradited to Botswana will not be sentenced to death even if found guilty. Botswana has a strictly implemented death penalty. - Sunday Standard website

See also : Ex-BHC boss waits for extradition verdict [Magistrates Courts]

Judicial Service Commission, and, Judiciary

Bench probed for outstanding judgments - 17 February
South Africa's judiciary is again under the spotlight - this time for failing to deliver a long list of outstanding judgments, some of which have been pending for six or even 10 years. This has prompted the General Council of the Bar of South Africa (GCB) to formally lodge a complaint with Chief Justice Sandile Ngcobo, requesting that the issue be addressed and that incompetent judges "should be persuaded to do the right thing before we have another public spectacle involving the judiciary". Chief Justice Ngcobo responded that he was aware of cases where there were outstanding judgments and that these were reported to the Judicial Service Commission (JSC). He asked the GCB to furnish him with details of all cases in which there were outstanding judgments and to include the names of the responsible judges as well, as whether the issue had been reported to the head of the court. - IOL website

Media, judiciary need each other, says Ngcobo - 14 February
The media and the judiciary were two of the most vital pillars supporting South Africa's constitutional democracy, Chief Justice Sandile Ngcobo said in Cape Town on Saturday night. He was addressing a SA National Editor's Forum dinner. - IOL wesite

See : Full speech at http://docs.iol.co.za/Chief%20Justice%20Sandile%20Ngcobo's%20speech

'Media, judiciary partners for justice' - 16 February
The media and judiciary were partners for "open justice" Constitutional Court chief justice Sandile Ngcobo said yesterday. The statement followed an address he had made at a gathering of the SA National Editors' Forum (Sanef) in Cape Town on Saturday. - Dispatch Online website

14 February 2010

Law Society Urges Justice Minister to Reconsider Mpshe Appointment to the Bench

The Law Society of South Africa (LSSA) urges Minister of Justice and Constitutional Development Jeff Radebe to withdraw or suspend the appointment of Mokotedi Mpshe as an acting judge of the North-West High Court : Mafikeng to allow the Judicial Service Commission (JSC) to consider the matter and make its official views public. The JSC is scheduled to meet again in April.

The LSSA joins the General Council of the Bar and the JSC in expressing grave concern at the appointment of a former acting National Director of Public Prosecutions as an acting judge. The LSSA agrees with the above organisations that it is undesirable for a government official – while still retaining his civil service position as a public prosecutor – to be a member of the judiciary. This offends the concept of judicial independence.

In addition, the LSSA believes the manner in which the acting position was canvassed – in terms of which the Minister made both the nomination and the appointment – hints at Executive interference in the judiciary.

Issue on behalf of the co-Chairpersons of the Law Society of South Africa, Thoba Poyo-Dlawti and Henri  van Rooyen
Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 or 083-380 1307
E-mail : barbara@lssa.org.za
Website: www.lssa.org.za

Bar council waits on Justice Ministry reply over Mpshe - 12 February
The General Council of the Bar of South
Africa is expecting to hear from the Justice Ministry soon on its complaint over the appointment of Mokotedi Mpshe as an acting judge in the North West High Court. "The minister [Jeff Radebe] said they would be responding to us", said GCB chairperson Patric Mtshaulana on Friday. - Mail & Guardian website

Mpshe's appointment cannot be justified - 13 February
The General Council of the Bar of SA has confirmed that the justice ministry will soon be responding to the complaint of appointing Mokotedi Mpshe, deputy director of the National Prosecuting Authority, as an acting judge in the North West High Court. The problem with that, is that there is nothing that Justice Minister Jeff Radebe or his staff can say that will overcome the internationally recognised principle that a temporary judge who is still a civil servant, and stands to return to his post, "lacks sufficient institutional independence to serve as a judge". There are good reasons why this is the case. - Michael Trapido on the Thought Leader blog

Radebe backs Mpshe as acting judge - 18 February
Justice Minister Jeff Radebe on Thursday vigorously defended his appointment of former acting prosecutions head Mokotedi Mpshe as an acting judge in the North West High Court, and said his decision stood. Briefing the media at Parliament, Radebe accused the Law Society of South Africa and the General Council of the Bar of waging a "politically motivated" campaign against the appointment. Acting appointments to the Bench were not as a matter of law preceded by any nomination process, he said. - Mail & Gaurdian website

Mpshe's appointment constitutional : Radebe - 18 February
Justice and Constitutional Development Minister Jeff Radebe says he acted within the Constitution and his authority as a minister when appointing former acting National Director of Public Prosecutions Mokotedi Mpshe as Acting Judge in the North West High Court. - BuaNews Online website

DA reiterates objection to Mpshe appointment - 18 February
The Democratic Alliance's (DA) objections to Mokotedi Mpshe's appointment as acting judge in the North West High Court stand, despite his resignation as deputy national director of public prosecutions, the DA said on Thursday. Mpshe's resignation from the National Prosecuting Authority (NPA) was no doubt aimed at avoiding a legal challenge of his appointment by Freedom Under Law (FUL), the General Council of the Bar (GCB) and other members of the legal community, DA spokesperson Dene Smuts said. - Mail & Guardian website

Radebe (LLM Leipzig) strikes again - 18 February
Minister of Justice, Jeff Radebe, is a learned man. He obtained a B Iuris degree at the University of Zululand, and finished an LLM in International Law at the Karl Marx University in Leipzig in 1981. He also studied at the Lenin International School, Moscow in 1985. No wonder, then, that Radebe has some difficulty with concepts such as an independent and impartial judiciary and the separation of powers. - Pierre de Vos on the Constitutionally Speaking blog

Mpshe : legal challenge in doubt - 19 February
The General Council of the Bar is reconsidering mounting a legal challenge to the appointment of former acting director of public prosecutions Mokotedi Mpshe as an acting judge in the North West High Court. Chairperson of the council Patrick Mtshaulana said discussions on the matter had been circulated to its exco members. "I think we need legal advice. We've heard Mpshe is no longer a state employee as he is believed to have resigned, so a legal challenge might be academic". - Mail & Guardian website

Mpshe's appointment harks back to dark era for courts - 19 February
The
argument against the appointment of advocate Mokotedi Mpshe, deputy head of the National Prosecuting Authority (NPA), as an acting judge rests on the understanding of four interrelated concepts : the meaning of an independent judiciary ; the necessity of an independent judiciary ; the notion of the rule of law ; and the doctrine of separation of powers. Judicial independence consists of two elements : institutional independence and individual independence. Institutional independence refers to independence in relationship to other arms of government, while individual independence refers to the ability of judicial officers to act independently and impartially in the discharge of their duties. This, in practice, demands that there should be no executive interference with either the running of the courts, or the appointment of judges. It further requires that judges adjudicate matters in accordance with the constitution - with an independent and open mind ; and without being influenced by extraneous pressure. - Nichola de Havilland on the Business Day website

Labour Issues

Denel snubs trade unions with refusal to enter talks - 17 February
Denel, the defence parastatal, is heading for a showdown with trade unions after deciding to implement a "cost of living" adjustment of 4 percent across the group and not to enter into wage negotiations with the unions. - Business Report website

Land Affairs and Property

South Africa's best property returns : all the stats - 15 February
Greater Johannesburg property owners are enjoying the highest property returns (8.9%), while KwaZulu-Natal South Coast owners have watched their property values fall by a painful 21% over the past year, according to latest figures published in Absa's quarterly housing review. Figures vary considerably from region to region and property type. Of the country's seven metropolitan regions, Johannesburg was the top property performer year-on-year followed by Durban/Pinetown in KwaZulu-Natal (7.7%).  East London property fell (-2.6%) in value the most out of all metropolitan areas since the first quarter of 2009. - moneyweb website

The Dladlas can sleep easy : insurance cancelled - 17 February
Melusi Dladla and his wife will now sleep soundly. Nedbank will cancel the bond on their house, have it transferred to their names and write off any balance they owe. Two weeks ago the Dladlas had accused the bank of trying to repossess their house on the grounds that they owed home loan insurance. Dladla said Nedbank was keeping him in "perpetual bondage" by voluntarily paying his home insurance without his their consent. He said this had delayed the transfer process since he had to pay a home loan insurance that he had verbally cancelled. - Sowetan website

Land Claims and Expropriation

S Africa drafting new land policy : minister - 15 February
South Africa's government will introduce a new draft policy on land tenure this year aimed at speeding up its programme to give land to landless blacks, a government minister said on Monday. Rural Development and Land Affairs Minister Gugile Nkwinti said his department was working on a policy framework that would set out how the government should go about reversing inequalities in land ownership between blacks and whites. - Reuters website

Back to land-policy drawing board - 18 February
The government plans to introduce a new draft land reform policy this year that will focus on acquiring land more cheaply from whites and securing tenure rights for millions of landless blacks living on farms or peri-urban informal settlements. A new green paper would be submitted to Cabinet for approval by next month before going to Parliament. This would be used as a framework for a new tenure reform law the department wants passed by March 2012. - Business Day website

Land grabs now inevitable? - 19 February
The ruling ANC is keen to get moving on redistributing commercial farmland from white to black hands and is set to present a revised Expropriation Act to Parliament next month. Rural development and land reform minister Gugile Nkwinti calls the looming legislation "the elephant in the room". For many people concerned whether South Africa will follow the same downward economic trajectory as Zimbabwe, expropriation of productive farm land is a terrifying prospect. It is a sign that South Africa's demise is inevitable. - realestateweb website

New pragmatism curtails reform ambitions - 17 February
Severe budget and capacity constraints, and a new mood of pragmatism on the land issue, have prompted a drastic cutback on ambitious land-reform targets. Figures released yesterday showed the target of transferring 30% of white-owned land to blacks could take at least 60 years - not five as originally planned.
Since 1994, the department has handed over only 6% of 86-million hectares owned by whites. More than half of those collapsed or are in decline. - Business Day website

South Africa : land values if farms don't produce - 16 February
In the current debate about land values and the willing buyer/willing seller principle, politicians and others show they don't understand how land values are determined in the marketplace, and what the price of farmland really represents. With this in mind, government would do well to stop worrying about the 30% land target, and focus on providing assistance to small-scale and emerging farmers. The market vale of a farm is a combined payment for its productive, investment, residential and aesthetic value. In an ordinary transaction, a buyer must offer a price higher than the combined value these offer to the seller. - Meat Trade News Daily website

Land commissioners probed - 16 February
A probe into the conduct of provincial land claims commissioners is underway after farmers lodged complaints against them, the Human Rights Commission of SA (HRCSA) says. - News24 website

Britte help grondeis in KZN afweer - 17 February
Goeie dokumentering deur die eertydse Britse regering in Natal het die akteur Scott Scott en 26 ander KwaZulu-Natalse boere gehelp om 'n grondeis suksesvol af te weer. Die Mavunda-gemeenskaps-eis om 44 plase in die omgewing van Paddock en Izotsha tussen Port Shepstone en Margate te bekom is op 23 Desember 1998 ingedien. 'n groep boere het 'n antropoloog aangestel wat agt maande lank ondersoek ingestel en 'n verslag van sowat 2 000 bladsye opgestel het. Die antropoloog het bevind die eisers het nie gronde vir hul eis nie. - Beeld website

Minerals and Energy

South Africa pushes ahead with royalty legislation - 17 February
A number of technical anomalies contained within the Mineral and Petroleum Resources Royalty Act would still have to be corrected, but the National Treasury was going ahead with the implementation of the act on March 1. A number of technical anomalies contained within the Mineral and Petroleum Resources Royalty Act would still have to be corrected, but the National Treasury was going ahead with the implementation of the act on March 1. - Creamer Media's Mining Weekly website

Mining Charter dialogue 'very constructive' : AngloGold Ashanti - 17 February
A confidential peek given by the South African government to the revised Mining Charter was "very encouraging", AngloGold Ashanti CEO Mark Cutifani said on Wednesday. Cutifani said in answer to a question from JP Morgan mining analyst Allan Cooke that the Department of Mineral Resources (DMR) had completed the Mining Charter review process and had been in dialogue with various stakeholders. - Creamer Media's Mining Weekly website

'Nationalisation not our policy' - 16 February
Nationalisation is not government policy, President Jacob Zuma said on Tuesday. Responding to points raised during debate on his state of the nation address, Zuma said : "We reiterate that nationalisation is not government policy.
We have noted that political formations, including the ruling party's Youth League, have decided to debate the matter. - Fin24 website

17 February 2010
ANC Youth League Statement on President Zuma's Parliamentary Response on the Nationalisation of Mines Debate
moneyweb website

See also :
State enterprises may be 'rationalised' above
Gordhan repeats Reserve Bank will remain independent below

8 February 2010
Communiqué of the seventh plenary meeting of the African Mining Partnership (AMP), Cape Town, South Africa
SA Government Information website

Harmony Gold to take legal action against Canadian namesake - 16 February
Harmony Gold Mining Company will take legal action against a Canadian company using the same name, CEO Graham Briggs said on Tuesday. In an interview with Business Report he said the company's legal counsel in Johannesburg as well as the United States where the authentic Harmony Gold has a listing on the Nasdaq, were investigating the best route forward. Briggs said his company was in no way associated with Vancouver-based Harmony Gold Corp, currently drilling for gold in Alaska. The Vancouver-based company had allegedly implied in a press release that it had ties with Harmony Gold Mining Company. - Business Report website

Municipal Management and Procedure

D-Day for KZN municipalities - 16 February
They've been given until today to explain how they spent public funds over the years. The municipalities were singled out by Local Governance MEC Nomusa Dube for continually failing to report to government on how public monies are being used each financial year. - East Coast Radio website

Municipal finance mess - 17 February
About R100 million of taxpayers' money had been lost through financial mismanagement in 18 KwaZulu-Natal municipalities, the province's Co-operative Governance Department said yesterday. The department's spokesman, Vernon Mchunu, said in Durban that the Indaka Municipality had lost about R4.5m and the Msunduzi Municipality, incorporating the city of Pietermaritzburg, had wasteful expenditure of about R4m. - Pretoria News website

Cape Town

See also : Cape tourism sector forms pricing code to address overpricing perceptions around 2010 FIFA World Cup above

eThekwini

Mlaba makes trunk call on elephant sculptures - 16 February
Durban mayor Obed Mlaba was unaware of the controversial elephant sculptures being created near Durban's new Warwick Avenue interchange. The sculptures made headlines this weekend after internationally acclaimed artist, Andries Botha, claimed he had been asked to stop working on them, apparently after ANC politicians in the council had objected because elephants were a symbol of the rival IFP. - IOL website

The elephant that caused all the trouble - 18 February
An iconic public artwork planned for Durban at a reported cost of R1,5-million has been scuppered, allegedly because the trio of elephants are reminiscent of the opposition IFP's logo in the ANC-run city, the Mail & Guardian learned this week. - Mail & Guardian website

uMsunduzi

Serious cash flow problems in uMsunduzi Municipality - 16 February
KwaZulu-Natal's uMsunduzi Municipality, incorporating provincial capital Pietermaritzburg, has enough money to operate for just one more week, provincial minister of local governance Nomusa Dube said on Monday. She said the municipality's net available cash fell from R120-million in 2007/2008 to R1,7-million in 2008/09. "A number of financial discrepancies have been highlighted by the Auditor General in his 2008/2009 audit report to the municipality", Dube said in Durban. - Mail & Guardian website

'Everything is in turmoil right now' - 17 February
The corridors of Pietermaritzburg City Hall are buzzing with rumours and speculation after the shock announcement this week that the uMsunduzi Municipality only has enough money to operate for a week. Staff who spoke to the Daily News on condition of anonymity yesterday said they were very worried about the stability of their jobs and service delivery. They have also voiced their concerns at the three-man task team appointed by MEC for Local Government, Nomusa Dube, and Finance MEC, Ina Cronje, to help the financially drained municipality develop a turn-around strategy. The source spoke of rumours that the positions of uMsunduzi Mayor Zanele Hlatshwayo, municipal manager Rob Haswell, council speaker Alpha Shelembe and chief accounting officer Roy Bridgmohan, are in jeopardy. - IOL website

Name Changes

More talks on Pta name change - 16 February
Further talks with the parties involved will need to take place before a decision can be made on the change of the capital city's name to Tshwane, says President Jacob Zuma. Zuma was responding to Deputy Minister of Agriculture and leader of the Freedom Front Plus, Dr Pieter Mulder's speech during the Parliamentary debate on the State of the Nation Address (SONA) in which he raised the issue of geographic name changes and specifically Pretoria. The change of Pretoria to Tshwane has been a longstanding and thorny issue. - BuaNews Online website

Parliament

New unit to probe state tender corruption - 17 February
The Treasury would establish a unit to investigate tender corruption in provincial governments, President Jacob Zuma said yesterday during his reply to the debate on his state of the nation address. The "tender compliance unit" is part of government efforts to stem corruption relating to state tenders and joins the anticorruption commission announced last year to tackle public service corruption. Finance Minister Pravin Gordhan would shed more light during his budget speech today, Zuma said. - Business Day website

Budget Speech 2010
moneyweb website

Budget in a nutshell - 17 February
Fin24 website

Highlights from the Budget - 17 February
Mail & Guardian website

The budget in one simple graphic that explains it all - 17 February
Times Live website

How you'll be affected by the Budget - 18 February
Business Report website

Gordhan : 'be prepared to do things differently' - 17 February
Mail & Guardian website

Will South African estate duty be scrapped? - 17 February
moneyweb website

Tax boost for CBD property developers - 17 February
realestateweb website

VAT and residential property developers - 17 February
moneyweb website

Minister misses boat on property : Gerhard Kotzé - 17 February
moneyweb website

R1bn set aside to close middle-income house market gap - 17 February
Creamer Media's Engineering News website

Govt won't fix Rand, end inflation targeting - 17 February
BuaNews Online website

Gordhan repeats Reserve Bank will remain independent - 17 February
Business Day website

See also :
Debate to 'nationalise' Reserve Bank hots up above

19 February 2010
Pravin's letter to Gill Marcus
moneyweb website

Gordhan on back foot as left sees red - 19 February
Business Day website

SA to implement financial services reforms - 17 February
Polity website

Pravin meets with bank CEOs - 17 February
moneyweb website

New bank oversight body on the cards - 18 February
Business Day website

Education budget gets R17bn hike - 17 February
BuaNews Online website

Books plan to boost basic education - 18 February
Business Day website

New model of growth, job creation identified - 17 February
BuaNews Online website

Government plans new job initiative - 17 February
Business Day website

SA aims to raise youth employment with wage-subsidy scheme - 17 February
Creamer Media's Engineering News website

Cash windfall looms for employers - 17 February
moneyweb website

More money for HIV/AIDS treatment - 17 February
BuaNews Online website

R52bn for public works projects - 17 February
BuaNews Online website

R55bn boost for municipalities - 17 February
BuaNews Online website

Sin taxes up, new measures eye for alcohol - 17 February
Business Day website

SA to start mining royalties from March 1 - 17 February
Mail & Guardian website

Crime : making South Africa safer costs R85.6bn - 17 February
Sowetan website

More arrests soon as Gordhan outlines fight against corruption - 17 February
Business Day website

Gordhan identifies 1 200 dodgy govt employees - 17 February
moneyweb website

Gordhan gives more than R6bn tax relief - 17 February
Business Report website

Budget tax changes broken down - 17 February
moneyweb website

Taxpayers not off the hook - 17 February
Mail & Guardian website

More leniency for tax dodgers - 17 February
moneyweb website

Nothing dramatic in terms of tax changes - 18 February
Business Report website

New green tax on enviro-unfriendly vehicles - 17 February
Business Report website

Motorists to pay extra 25.5 cents a litre for petrol - 17 February
Business Report website

Keyphrase :
Road Accident Fund

Environmental issues get little more than lip service for time being - 18 February
Business Report website

Analysts' reactions to Gordhan's Budget - 17 February
Business Report website

Budget not too dramatic save mining royalties : Montalto - 17 February
Richmark Sentinel website

South African Police Service

24 hour nightmare for waving away the president - 16 February
A Cape Town student says his life has been "destroyed" after he was arrested last week for "waving away" President Jacob Zuma’s noisy, blue-light convoy. A "notice of rights" document issued by police shows that Chumani Maxwele, 25, was charged with "Crimen injuria against the president of the RSA". Maxwele was jogging on Cape Town's De Waal Drive just before 6pm last Wednesday when a convoy of six government cars sped past him. "I waved them away, as if to say 'hamba', because of the noise. After that a black BMW X5 pulled up and three guys jumped out, pointing guns at me", Maxwele told Sowetan. This was the start of a 24-hour nightmare for Maxwele, who is an active member of the ANC's Cissie Gool branch in Woodstock. - Sowetan website

Zuma cops lock up jogger - 17 February
Police officers have claimed he pointed his middle finger at vehicles in the convoy and tried to resist arrest. But 25-year-old sociology student Chumani Maxwele, a card-carrying ANC member, has since denied these allegations, claiming he merely waved the vehicles away because of excessive noise. A constitutional law expert has said that anyone may shout, swear or point a middle finger if he or she wished to do so - even at the president. Police sources told the Cape Times Maxwele had been charged with crimen injuria, but the case would not be prosecuted. - IOL website

Road rage drivers beware - 17 February
It is true that the crime of crimen injuria does exist in South African law. Traditionally, the crime has been defined as one where a person intentionally and unlawfully impairs the dignity of another person. Of course, the prevailing norms of society must be judged against the values and norms enshrined in the Constitution. However showing the middle finger to a politician or ridiculing a politician in some other way will almost never constitute unlawful behaviour because the prevailing norms in a constitutional democracy allows for robust debate and political contestation. Maxwele will never be successfully prosecuted. If the allegations are true, he was clearly harassed and intimidated in an unlawful manner by ridiculously overzealous cops. - Pierre de Vos on the Constitutionally Speaking blog

'Zuma jogger' apologises, has record - 18 February
Chumani Maxwele had two criminal records, one for common assault, the other for riotous behaviour, both committed between 2007 and 2009, spokesman Zweli Mnisi said in a statement. He made his apology under oath, voluntarily in a hand-written statement last Wednesday, the day of his arrest. - Times Live website

Jogger 'didn't apologise' - 19 February
The UCT student alleged to have given President Jacob Zuma's blue light convoy the finger, on Friday denied apologising for his actions. - IOL website

Zap student considers legal again against VIP unit - 19 February
University  of  Cape Town  student who was allegedly accosted and arrested by VIP Protection Unit members said he was considering taking legal action over the incident - Eye Witness News website

Bully cops harass KZN woman - 15 February
A local woman has been left traumatised after she was allegedly harassed by police officers from the Mountain Rise Police Station, on Sunday morning while on her way to church. They allegedly tried to push her off the road, swore at her and handcuffed her, after she overtook them. Her husband, Mario, has decided to take legal action against the police, and on Sunday consulted an attorney. He said he identified the police officers at Mountain Rise police station when he went there on Sunday. - News24 website

Woman shaken after alleged attack by cops - 19 February
Two Pietermaritzburg police officers face charges of assault and crimen injuria after being accused of trying to push a woman off the road and then manhandling her. Lee-Ann Taylor, 32, of Woodlands, was so traumatised by Sunday night's incident that she was admitted to hospital until Wednesday and treated for shock and trauma. - IOL website

See also :

Woman sues over blue light attack - 3 February 2010
[InfoUpdate 2 of 2010]

Zille to ban blue-lights - 19 February
President Jacob Zuma will not be exempt from new provincial legislation, to be announced today by Premier Helen Zille, that will ban all politicians from using blue-light convoys and sirens in the Western Cape. Zille, who is also acting Community Safety MEC while Lennit Max is on special leave, is expected to announce the new legislation in her second State of the Province speech this morning. - IOL website

See also : Cop fired 2 days before retiring [KwaZulu-Natal High Court : Pietermaritzburg]

Trade and Industry

New sectors to benefit from new industrial policy - 12 February
When Trade and Industry Minister Rob Davies announces details of his Industrial Policy Action Plan on Thursday this week, he will also give details of new sectors of industry in addition to those already identified (motor industry, clothing and textiles, chemical, forestry and furniture, business process outsourcing etc). - Business Report website

Whose fine are you paying? - 15 February
Durban motorists could unwittingly be paying the traffic fines of fraudsters who duplicate their number plates. John Schnell, the director of the Road Traffic Inspectorate in KwaZulu-Natal, has admitted there is a problem with the regulation of licence plates which exposes the system to manipulation by fraudsters and other criminals. The eThekwini municipality is also losing out because it cannot collect on fines issued to people who prove that the offences were committed by a motorist using a cloned licence plate. - IOL website

Transport and Roads

Now airlines face probe of 'hidden' fares - 15 February
The Department of Trade and Industry and the Department of Tourism are expected to launch a wide-ranging investigation of the way airlines publish their airfares, and if they are found to be lacking in transparency they face the possibility of regulation. The probe, to be announced by Trade and Industry Minister Rob Davies in the next two weeks, is believed to focus mainly on fuel surcharges and other airline charges. The airport taxes passengers pay include up to seven regulated and nonregulated charges. - Business Day website

No ads allowed on number plates - 16 February
New regulations make it illegal to print any form of advertising on vehicle number plates, according to the motor industry. "This includes the printing of the name and location of the selling dealer, whether it is a new or a used vehicle", said ombudsman Johan van Vreden in a statement today. "No ornamentation, figure or letter that is not a component of the standard equipment or construction of a vehicle, may appear within 150mm of the vehicles licence number". - East Coast Radio website

Car dealer charged with fraud - 16 February
The owner of a well-known car dealership faces criminal charges for allegedly falsifying the registration of his R1-million sports car. The man, who cannot be named until he appears in court, was to face the charges in the Athlone Magistrate's Court on Tuesday. He is accused of fraud, tampering with or defacing a document and defeating the ends of justice. - IOL website

Licence fraud arrest was baseless : car dealer - 18 February
The owner of a well-known Cape Town car dealership is crying foul after his arrest on licence fraud charges that were withdrawn before his first court appearance. Niyaaz Jainodien owns Velocity Cars in Klipfontein Road in Athlone. Before his case was due to be heard at the Athlone Magistrate's Court on Tuesday, the prosecutor withdrew the charges, citing insufficient evidence. A spokesman said Jainodien "seriously wonders whether our country can afford to squander resources on a matter that could have been resolved by issuing a traffic fine, had it been found that there was indeed a violation of justice". A spokesman for the provincial Director of Public Prosecutions was also investigating the withdrawal of the charges late yesterday afternoon. - IOL website

14 February 2010
Statement by Western Cape MEC of Transport Robin Carlisle on urgent warning about converted quantum panel vans
SA Government Information website

Toyota condemns converted taxis - 15 February
Toyota South Africa on Sunday condemned the illegal conversion of its panel vans into taxis. "Our stance on the issue is clear. We don't condone it at all", said Toyota SA spokesperson Ferdi De Vos. "The conversions started before the introduction of the Quantum Ses'fikile taxis. People converted the panel vans because it was cheaper", he said. De Vos was reacting to Western Cape provincial transport minister Robin Carlisle's comments that converted taxis were unfit to carry passengers. - Mail & Guardian website

See also : Toyota to report back to Ombudsman [International]

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