From the KZNLS and its libraries


2004
weblog for the week starting :

January

February

March

April

May

1 12 19 26

2

9

16

23

1

8

15

23

29

5

12

19

26

Friday 20 February

The landmark decision by two Eastern Cape judges last year ruling it as UNCONSTITUTIONAL FOR LOCAL AUTHORITIES TO HOLD PROPERTY OWNERS RESPONSIBLE FOR TENANTS' WATER AND ELECTRICITY ARREARS will again come under the spotlight on March 10 (The Herald 2004-02).

The Supreme Court of Appeal in Bloemfontein was asked on Friday to rule on A CURIOUS DILEMMA CREATED BY TEH FORMER APARTHEID REGIME'S NOTOTRIOUS GROUP AREAS ACT (News24 2004-02-20).

Following Tuesday’s sentencing of Jack Milne to 8 years in prison (3 suspended), ATTENTION NOW TURNS TO GARY PORRIT, the big fish in the PSC Guaranteed Growth Fund scandal. Porritt’s defence will not be made any easier by the fact that Milne has entered into a plea bargain with the state (MoneyWeb 2004-02-18).

United Kingdom
The International Accounting Standards Board (IASB) today issued
INTERNATIONAL FINANCIAL REPORTING STANDARD 2 SHARE-BASED PAYMENT (IFRS 2) on accounting for share-based payment transactions, including grants of share options to employees (IASB 2004-02-19).  A draft of the summary is available at http://www.iasb.org/news/index.asp?showPageContent=no&xml=
10_84_25_19022004_19022005.htm
.

Five British men INTERNED WITHOUT TRIAL AT GUANTANAMO BAY for more than two years will be flown home within weeks (Telegraph 2004-02-20).

British anti-terrorism officers were today INVESTIGATING THE CASES OF FIVE BRITONS who are to be released by the US after being held for more than two years at Guantanamo Bay (Scotsman 2004-02-20).

Peace protesters yesterday won a landmark ruling that POLICE ACTED UNLAWFULLY BY FORCING THEM TO RETURN HOME AS THEY MADE THEIR WAY TO AN ANTI-IRAQ WAR DEMONSTRATION About 120 demonstrators are expected to claim hundreds of thousands of pounds (Telegraph 2004-02-20).

United States
California regulators have denied a Department of Homeland Security request to
FORTIFY THE WESTERNMOST STRETCH OF THE US-MEXICO BORDER, setting the stage for a possible legal battle between the state and the Bush administration (FindLaw 2004-02-19).

Thursday 19 February

In another STRONG MESSAGE TO WIFE BEATERS "that courts mean business", Durban magistrate Melanie de Jager sent Anthony Lesley Swinburn, 41, to jail for three years on Friday (IOL 2004-02-13).

The government plans to introduce a CEILING ON THE AMOUNT OF SCHOOL FEES A PUBLIC SCHOOL MAY CHARGE because there are ones that are wasting money on luxuries (News24 2004-02-17).

The process of LAND CLAIMS FOR RESTITUTION PURPOSES WILL NOT BE RESUMED anywhere in the country, says land claims commissioner Tozi Gwanya (News24 2004-02-18).

Properties, vehicles and cash with a total VALUE OF MORE THAN R600 000 BELONGING TO FIVE LEGAL PRACTITIONERS based in Umtata have been placed under curatorship following an order by an Umtata High Court judge (SABC News 2004-02-19).

United States
David Welch, fired from his $60,000-a-year job as the bank's chief financial officer, is the
FIRST WHISTLEBLOWER GRANTED PROTECTION UNDER THE SARBANES-OXLEY ACT (Washington Times 2004-02-16).

The Federal Government of the US has a coordinated, risk-based system to ensure new biotechnology products are safe for the environment and human and animal health. A website has been developed which focuses on the agricultural products of modern biotechnology. At this time, the searchable database available on this site only covers genetically engineered crop plants intended for food or feed that have completed all recommended or required reviews for food, feed or planting use in the United States (see http://usbiotechreg.nbii.gov/).

Kuala Lumpur
The UN University has said in a report that indigenous people are trapped in a "Catch-22" situation over the PROTECTION OF THEIR TRADITIONAL KNOWLEDGE ABOUT MEDICINAL AND OTHER USES OF PLANTS : the report urges changes to international law to eliminate what it calls "a modern absurdity" which forces the holders of ancient secrets to disclose them publicly if they want to protect them (News24 2004-02-19).

Thailand
A
DOMESTIC CAT HAS DIED OF BIRD FLU in Thailand in one of the first known cases of the disease outside birds and humans (News24 2004-02-19).

Wednesday 18 February

Churches, mosques and other places of worship will escape the LONG ARM OF PROPERTY-TAX LAWS, but welfare organisations, independent schools and conservation bodies will be at the mercy of municipalities (News24 2004-02-17).

A Cape Town property magnate took his nine-year legal battle for development rights on his prime property, FOUR OUDEKRAAL, near Camps Bay to the Supreme Court of Appeal in Bloemfontein on Tuesday (News24 2004-02-17).

The University of Pretoria says an internal disciplinary procedure will go ahead, despite charges being dropped against the FOUR SUSPECTS IN A RAPE CASE (SABC News 2004-02-18).

European antitrust regulators have REBUFFED AN OFFER BY THE MICROSOFT CORPORATION to include audio- and video-playing software of its competitors in the form of CD-ROM's in the boxes of new personal computers (New York Times 2004-02-18).

United States
A panel of the US Court of Appeals in Denver has upheld the government's right to help people shield themselves from unwanted telemarketing calls by
USING THE DO-NOT-CALL REGISTRY (New York Times 2004-02-18). Judgment online at http://news.findlaw.com/hdocs/docs/ftc/mmsvftc021704opn.html.

Tuesday 17 February

Tomorrow's budget will see the UNVEILING OF THE GOVERNMENT'S NEW ECONOMIC REPORTING FORMAT, which will replace the decades-old standard item classification system (Business Report 2004-02-17).

Just 24 hours before Finance Minister Trevor Manuel announces his 2004/05 budget in Parliament, a United Nations-accredited non-governmental organisation called in papers before the Cape High Court on Tuesday to have government's multi-billion rand arms deal declared null and void ; ECAAR-SA WAS PARTICULARLY SEVERE WITH MANUEL, saying he had "encumbered" South Africa's existing and future assets, and "ceded control of economic and financial policies for the next 20 years to the British government and the International Monetary Fund" (M&G 2004-02-17).

Environmental Affairs and Tourism Minister Valli Moosa put the final nail in the coffin yesterday of a CONTROVERSIAL MULTIBILLION-RAND AUSTRALIAN MINING INVESTMENT, striking it off the Wild Coast development agenda with cleverly crafted regulations (Business Day 2004-02-17).

Mr Moosa also announced his intention to designate FIVE NEW MARINE PROTECTED AREAS in the government gazette on Tuesday : they are Aliwal Shoal, adjacent to Umkomaas, KwaZulu Natal ; the coastal and marine environment adjacent to Pondoland in the Eastern Cape ; Bird Island at Algoa Bay, Eastern Cape ; Cape Peninsula in the Western Cape ; and Namaqualand in the Northern Cape (M&G 2004-02-16).

Estate agents and rent collection organisations have described as "ridiculous" a Mandela metro municipal by-law, promulgated last year, which stipulates that ONLY A REGISTERED PROPERTY OWNER OR HIS AUTHORISED AGENT CAN OPEN A MUNICIPAL SERVICES ACCOUNT (The Herald 2004-02).

United States
The Senate Intelligence Committee made the right call last week when it decided to examine whether top administration officials had exaggerated or misused the
INTELLIGENCE ON IRAQ'S WEAPON PROGRAMS. Whatever horrendous errors the intelligence analysts made were surely compounded when the president and other senior officials emphasized unlikely worst-case scenarios to win support for the invasion (New York Times 2004-02-17).

Monday 16 February

The South African government plans to make R2 billion available every year TO HELP STRUGGLING COMPANIES GET BACK ON THEIR FEET (SABC News 2004-02-11).

Despite the government's plans to pump R4bn into the industry, to regulate it and to replace the ageing minibus taxi fleet with safer vehicles by 2010, TAXI OWNERS THEMSELVES ARE NOT DELIGHTED WITH THE MOVES (News24 2004-02-16).

African leaders ended their summit on Saturday a step closer to implementing a unique PEER REVIEW SYSTEM peer review system that would allow countries to name and shame states on the continent that fail to live up to set of agreed principles of good governance (News24 2004-02-14 and M&G 2004-02-15).

SOUTH AFRICA MUST ABANDON THE ROMAN-DUTCH SYSTEM OF LAW in the interests of justice and transformation, Shadrack Gutto, the director of the African Renaissance Institute at Unisa, said (Business Day 2004-01-25).

Zimbabwe
Opponents of President Robert Mugabe's regime were in an uproar on Sunday over new regulations decreed on Friday that
GIVE POLICE THE POWER TO DETAIN FOR A WEEK PEOPLE SUSPECTED OF ECONOMIC CRIMES including corruption, money laundering and illegal dealing in foreign exchange and gold, even where there is no reasonable evidence of their guilt (M&G 2004-02-16).

United Kingdom
The
LAW SOCIETY OF ENGLAND AND WALES' VALENTINE GUIDE issues advice to people setting up home together or getting engaged on Valentine's day. Many people will not realise how their change of status affects their legal rights (2004-02-14).

Scotland
Scottish solicitors find themselves on the horns of a dilemma in attempting to
COMPLY WITH RECENT MONEY LAUNDERING LEGISLATION (Scotland on Sunday 2004-02-15).

United States
The illicit distribution on Thursday of portions of the secret programmer's instructions for two versions of the Windows operating system poses
VEXING LEGAL AND SECURITY CHALLENGES FOR MICROSOFT (New York Times 2004-02-14).

The lawsuit filed in San Francisco seeking to HALT THE CITY'S ISSUANCE OF MARRIAGE LICENSES TO SAME-SEX COUPLES is now online (Randy Thomasson v Gavin Newsom) ;  so too is the San Francisco Mayor's letter to the County Clerk urging that MARRIAGE LICENSES BE ISSUED ON A NON-DISCRIMINATORY BASIS, without regard to gender or sexual orientation (FindLaw 2004-02-13 and 10).

 

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