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Friday
2 April
According
to the latest Afro barometer survey, Africans were
undecided about whether their governments should
divert resources from other scarce priorities to
fight Aids in their country. With some exceptions,
such as South Africa, Namibia, and Botswana, AFRICAN
CITIZENS WERE NOT EVEN CONVINCED AIDS CONSTITUTED A
PUBLIC PROBLEM WORTHY OF GOVERNMENT ATTENTION
(SABC News 2004-04-01).
Canada
A
Canadian federal court ruled Wednesday against a
motion that would have let the music industry begin
suing individuals who share copyright music on the
Internet. THE
JUDGE SAID DOWNLOADING A SONG OR MAKING FILES
AVAILABLE IN SHARED DIRECTORIES DOES NOT CONSTITUTE
COPYRIGHT INFRINGEMENT UNDER CANADIAN LAW.
"No evidence was presented that the alleged
infringers either distributed or authorized the
reproduction of sound recordings," the judge
wrote. "They merely placed personal copies into
their shared directories which were accessible by
other computer users via a P2P service." He
compared the action to a photocopy machine in a
library. "I cannot see a real difference
between a library that places a photocopy machine in
a room full of copyrighted material and a computer
user that places a personal copy on a shared
directory linked to a P2P service," he said
(FindLaw 2004-04-01). Judgment online at http://news.findlaw.com/hdocs/docs/cyberlaw/criadoe33104opn.pdf.
United
States
The US Chamber of Commerce said IT
WILL FIGHT A GROWING TREND OF CLASS-ACTION LAWSUITS
BEING BROUGHT TO US COURTS BY FOREIGNERS,
as several international cases come before the
Supreme Court (Washington Times 2004-03-26).
Southern
Living MAGAZINE
HAS RECALLED ITS APRIL ISSUE BECAUSE OF AN ERROR IN
A RECIPE
that resulted in minor burns to at least five
readers. The recipe for icebox rolls incorrectly
instructed cooks to boil a cup of water and a half
cup of shortening over high heat for five minutes.
But that can cause the melted grease to rise to the
top of the saucepan, trapping the hot water and
creating an explosive burst. The recall was the
first in the 38-year history of the magazine. In
addition to recalling the magazine from newsstands,
Southern Living sent postcards with the corrected
recipe to all subscribers (FindLaw 2004-04-01).
Thursday
1 April
The
stance adopted by insolvency practitioners against
government plans to transform the industry might be
construed as a "declaration of war", which
would not be beneficial to white insolvency
practitioners in the long run. This was how Hans
Klopper, one of the CNA liquidators, RESPONDED
IN A LETTER TO A THREAT BY THE ASSOCIATION OF
INSOLVENCY PRACTITIONERS OF SOUTHERN AFRICA (AIPSA)
TO LAUNCH A CONSTITUTIONAL COURT CHALLENGE
against a decision by the justice department to
appoint a historically disadvantaged individual -
even without creditor support - to every liquidation
with effect from today (Business Report 2004-04-01).
A
bold AGRARIAN
REFORM PLEDGED 10 YEARS AGO BY THE NEW DISPENSATION
IN SOUTH ARICA TO RECTIFY THE INJUSTICES OF
COLONIALISM AND APARTHEID HAS PROGRESSED SLOWLY
with 80% of the land still held by the white
minority, fuelling rising impatience among the
landless black majority (M&G 2004-04-01).
United
Kingdom
GAY
COUPLES ARE TO RECEIVE LEGAL RIGTHS SIMILAR TO THOSE
ENJOYED BY MARRIED COUPLES
under legislation published yesterday. They will be
able to register their "partnership" in a
civil ceremony before a registrar and two witnesses
(Telegraph 2004-04-01).
Poor
hygiene and staff shortages are to blame for the RISING
NUMBER OF PATIENTS WHO CONTRACT HOSPITAL ACQUIRED
INFECTIONS,
such as the superbug MRSA, a survey of nurses warned
today. Basic measures, such as washing hands, which
would stop the methicillin-resistant staphylococcus
aureus bug spreading to vulnerable patients were
being neglected by hospital staff (Guardian
2004-04-01).
France
Haiti's ousted president, Jean-Bertrand ARISTIDE,
HAS LODGED A LAWSUIT IN PARIS CLAIMING COERCION
INVOLVING US AND FRENCH OFFICIALS FORCED HIM FROM
POWER,
his lawyer and legal authorities said (Business Day
2004-04-01).
United
States
The INTERNATIONAL
COURT OF JUSTICE ON WEDNESDAY ORDERED AMERICAN
COURTS TO REVIEW THE DEATH SENTENCES IMPOSED ON 51
MEXICANS IN THE UNITED STATES,
saying their rights under international law had been
violated (New York Times 2004-03-31).
Wednesday
31 March
The
Peace and Justice Congress and the Peace and Justice
Movement are to apply for an urgent interdict from
the Electoral Court in Bloemfontein for the POSTPONEMENT
OF ELECTION UNTIL THE END OF JUNE.
They also want deposits cancelled or reduced to
allow all political parties to take part in the
elections (IOL 2004-03-31).
Top
officials from the African Union (AU) and the
European Union (EU) will sit for discussions this
week, on wide-ranging issues including Africa's
massive debt as well as peace and conflict
management on the continent. the AU team, led by
commission chairperson Omar Konare, South Africa's
foreign affairs minister Nkosazana Dlamini-Zuma and
Mozambican officials, will BRIEF
THE EU COMMISSION ON PROGRESS MADE ON THE AFRICAN
PEER REVIEW MECHANISM, THE CONTINENT'S ECONOMIC
BLUEPRINT NEPAD AND OTHER RELEVANT AREAS OF
COOPERATION
(AllAfrica website 2004-03-30).
United
States
The work of the legal profession is being
transformed by ever-more efficient database
technology. LAWYERS
IN MANY STATES CAN NOW TRACK DOWN THE NAMES AND
ADDRESSES OF PROSPECTIVE CLIENTS - WITHIN HOURS OF
THEIR LEGAL ENTANGLEMENTS
- with the help of electronic records and
information vendors (FindLaw 2004-03-29).
A
Huntington Beach resident yesterday became the FIRST
PERSON IN THE NATION TO BE INDICTED BY A FEDERAL
GRAND JURY FOR ILLEGALLY INSTALLING A KEYSTROKE
LOGGING DEVICE ON A COMPUTER,
prosecutors said. The
crime is punishable by a maximum of five years in
prison. (Metropolitan News 2004-03-24).
Tuesday
30 March
In
a groundbreaking ruling, the Port Elizabeth High
Court gave a woman PERMISSION
TO WITHDRAW SPERM FROM HER BRAIN-DEAD HUSBAND
to enable her to have herself impregnated with it
later (News24 2004-03-30).
A motorist may INSIST
ON SEEING A WARRANT OF ARREST OR A COPY IMMEDIATELY
after being arrested by a policeman or traffic
officer (News24 2004-03-30). Legal experts have
warned that PEOPLE
WHO BELIEVE THEY ARE BEING HELD UNLAWFULLY SHOULD
NOT BELIEVE THEY ARE BEYOND PROSECUTION
and get involved in fights with metro police
officers (News24 2004-03-30).
Are
you likely to GET
OFF EASIER IF YOU USE YOUR BRAIN RATHER THAN BRAWN
TO HURT OTHERS?
(M&G 2004-03-30).
United
Kingdom
The British Medical Association and the Law Society
have PUBLISHED
THE SECOND EDITION OF 'ASSESSMENT OF MENTAL
CAPACITY'.
This second edition includes changes in the law and
in professional guidance (Medical News Today
2004-03-27).
An
unmarried mother who OFFERED
HER UNBORN BABY TO CHILDLESS COUPLES THROUGH THE
INTERNET
faces a prison sentence after admitting deception
yesterday (Telegraph 2004-03-30).
United
States
The Supreme Court hears arguments today in a case
that MAY
DETERMINE HOW OPEN AMERICAN COURTS ARE TO LAWSUITS
FILED BY FOREIGN VICTIMS OF HUMAN RIGHTS ABUSES.
It tests the scope of the Alien Tort Claims Act, a
1789 law that is increasingly being used to hold
American companies accountable for their abusive
actions outside this country (New York Times
2004-03-30).
The
Supreme Court agreed on Monday to settle one of the
most disputed questions in civil rights law : HOW
TO WIN AN AGE DISCRIMINATION CASE IN THE ABSENCE OF
PROOF THAT AN EMPLOYER DELIBERATELY SINGLED OUT
OLDER WORKERS FOR UNFAVORABLE TREATMENT
(New York Times 2004-03-29).
Monday
29 March
A
Pretoria regional magistrate ruled on Friday IT
WOULD NOT BE SUITABLE TO SEND A DRUNK DRIVER
DIRECTLY TO PRISON FOR KILLING TWO CYCLISTS.
Magistrate
Adriaan Bekker sentenced Daniel Elardus van der
Westhuizen, 27, to an effective three years' house
arrest, 576 hours of community service and a fine of
R30 000 (News24 2004-03-26). South
Africa's traditional leaders, once scorned as
"servants" of the apartheid regime, have
since had their powers legalised, but the chiefs say
the GOVERNMENT
WANTS TO TAKE AWAY CONTROL OF WHAT MATTERS MOST -
LAND
(M&G 2004-03-29).
The
RESTRUCTURING
OF THE DEFENCE FORCE HAS ONCE AGAIN COME UNDER FIRE
- this time in Pretoria High Court because of the
planned transfer of thousands of soldiers to the
police force (News24 2004-03-27).
A
European court has issued a preliminary injunction
against Claria - formerly known as Gator - that PROHIBITS
THE COMPANY'S POP-UP AND POP-UNDER ADS FROM
APPEARING OVER A GERMAN RENTAL CAR WEB SITE WITHOUT
THE AGENCY'S PERMISSION
(CNet News 2004-03-26).
Equatorial
Guinea
The SEVEN
SOUTH AFRICAN PRISONERS IN EQUATORIAL GUINEA (EG)
ARE DEFINITELY FACING EXECUTION.
If the UN does not become involved, "it is over
for those poor people" according to the
deputy head of the national prosecuting authority
(NPA), Jan Henning, on Sunday after his return from
EG last week. "They must prepare for the
worst" (News24 2004-03-29).
United
Kingdom
Law Society chief executive Janet Paraskeva said:
"Family solicitors have not been fully aware of
the key role they can play in supporting victims of
forced marriage and reporting incidents to the
authorities because of the confusion between
arranged marriages and forced marriages". The
Law Society PUBLISHED
ADVICE
to help its members
deal more effectively with victims, who are thought
to number at least 300 in Britain a year. SOLICITORS
ARE AFRAID OF BEING BRANDED RACIST IF THEY INTERVENE
TO STOP FORCED MARRIAGES,
according to new claims (IC Wales website
2004-03-29). The Law Society's guidelines say that
"failure to tackle forced marriage is a FAILURE
TO PROTECT AND ENDORSE THE RIGHTS OF ALL CITIZENS TO
BE TREATED EQUALLY BEFORE THE LAW,
regardless of race, culture or religious
affiliation" (Independent 2004-03-29).
Hundreds
of families won the RIGHT
TO DEMAND COMPENSATION FROM THE NATIONAL HEALTH
SERVICE
yesterday after the High Court ruled that hospitals
acted unlawfully in removing the organs of dead
children without their parents' permission
(Telegraph 2004-03-27).
Ireland
The
final puff on cigarettes was drawn in pubs across
Ireland last night as SMOKING
WAS BANNED AT MIDNIGHT IN ALL WORKPLACES.
If the legislation works, it is thought many
countries across Europe are likely to follow suit
with governments citing the "health and safety
in the workplace" mantra used by the Irish
government in the last year (Telegraph 2004-03-29).
United
States
The UNBORN
VICTIMS OF VIOLENCE ACT
cleared the Senate on a 61-38 vote Thursday, a month
after the House passed the bill and five years after
conservatives first tried to move the legislation
through Congress. In a major win for social
conservatives, Congress is sending to the president LEGISLATION
THAT WOULD EXPAND THE LEGAL RIGHTS OF THE UNBORN by making it a separate crime to harm a
fetus during an assault on a pregnant woman (FindLaw
2004-03-26).
The
Food and Drug Administration approved yesterday the
first HIV
TEST THAT USES SALIVA RATHER THAN BLOOD AND DELIVERS
RESULTS IN 20 MINUTES
(New York Times 2004-03-27).
Canada
The Law Society of Upper Canada has passed NEW
RULES REQUIRING ONTARIO LAWYERS TO BECOME CORPORATE
WHISTLE BLOWERS.
But these changes may result in practitioners being
cut out of the loop by clients in anything but the
most straightforward governance issues, some senior
members of the corporate legal fraternity worry
(Globe and Mail 2004-03-29).
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