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

Saturday 9 April

President Thabo Mbeki on Thursday REJECTED CALLS FOR THE TRANSKEI TO BECOME SOUTH AFRICA'S TENTH PROVINCE (News24 2004-04-08).

A former Edgemead High School pupil, her mother and her boyfriend, who were involved in a racist attack on a black pupil last year, yesterday apologised for their "hurtful" behaviour and agreed to an EQUALITY COURT SETTLEMENT ORDER that they pay R10 000 to a Khayelitsha charity as a gesture of goodwill (Cape Times 2004-04-08).

A Cape High Court prosecutor has called for "at least 20 years" jail for Mitchell's Plain magistrate Sithembele Elvis Tebe who a year ago shot dead an inebriated motorist in a HIT-AND-RUN ROAD RAGE INCIDENT IN KHAYELITSHA (M&G 2004-04-10).

The PROFESSIONAL WORLD OFFERS MANY OPPORTUNITIES TO SHOOT ONESELF IN THE FOOT. Valerie Atkinson highlights a few favourites (THES 2004-04-09).

Twenty-eight privacy and civil liberties organizations have urged Google to SUSPEND GMAIL (Press release 2004-04-06).

Gravity Probe B is a spacecraft of superlatives. Nasa scientists are preparing the coolest, strangest and most sensitive experiment ever launched, to answer a question that has teased physicists for 88 years - DOES THE EARTH REALLY TWIST SPACE INTO A KINK AS IT SPINS? (M&G 2004-04-10).

United Kingdom
The 400-YEAR-OLD QC SYSTEM IS TO BE REPLACED by an accreditation scheme for senior advocates run by the Bar Council and the Law Society, the professional bodies for barristers and solicitors (Guardian 2004-04-10).

Faced with severe penalties - including prison - for not complying with recently introduced regulations, BIRMINGHAM LAW SOCIETY IS URGING CITY SOLICITORS TO ADVISE CLIENTS ON HOW TO WORK WITHIN THE NEW LAW (Trinity Mirror 2004-04-09).

Tony Blair is being pressed to introduce a NEW ANTI-HUNTING BILL into the Commons before the European and local elections in June (Telegraph 2004-04-10).

Canada
Unless an IMMIGRATION REPRESENTATIVE is a member of one of three groups (see below), effective April 13, 2004, any person who charges a fee for services and files a new application on behalf of a client will not be recognized as an authorized representative by Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board (IRB), and the Canadian Border Services Agency (CBSA). Authorized, paid representatives may be only: - (1) immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants (CSIC); - (2) lawyers who are members in good standing of a Canadian law society and students-at-law under their supervision; and - (3) notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision (CNW 2004-04-08).

In the recent and unanimous decision of the Supreme Court of Canada - CCH Canada v Law Society of Upper Canada - a number of IMPORTANT ISSUES FOR COPYRIGHT LAW IN CANADA were clarified. While it dealt with copying in a law library, the principles discussed in the decision could affect issues surrounding such things as music downloading, computer software and compilations such as phone or business directories (London Free Press 2004-04-10).

United States
In terms of Section 404 of the Sarbanes-Oxley Act, corporations must document, test and certify their internal checks and balances governing all business processes across the company, such as payroll, accounts receivable and countless others.  After two postponements, the Act is set to go into effect for companies with market capitalizations of more than $75 million, beginning with annual reports filed after 15 Nov.  The main beneficiaries appear to be consultants as collecting, tracking and sorting vast amounts of disparate data are the sorts of TASKS THAT SOFTWARE CAN HANDLE MUCH MORE EFFICIENTLY THAN HUMANS (FindLaw 2004-04-09).

The debate over same-sex marriage has been described by partisans on both sides as a fight over cultural, as much as material, gains. The cultural stakes are very high. Anthony J Sebok reminds readers that in most of the country, GAY AND LESBIAN COUPLES STILL LACK MANY OF THE MATERIAL BENEFITS THAT COME FROM MARRIAGE. This article discusses just one set of those benefits - the rights in tort that the law gives spouses (FindLaw 2004-04-09).

Efforts to sharply RAISE THE FINE FOR INDECENCY ON THE AIRWAVES, to levy penalties for each utterance and to consider revoking licenses for multiple offenders are making broadcasters sit up and listen (FindLaw 2004-04-09).

Thursday 8 April

Some of South Africa’s BANKS ARE SET TO GRIND TO A HALT AS THEY FAIL TO COMPLY WITH NEW ANTI-MONEY LAUNDERING LAWS (Moneyweb 2004-04-07).

A Mitchells Plain magistrate was found GUILTY OF THE MURDER OF ROAD RAGE VICTIM Bongani Pendula by the Cape High Court on Wednesday (IOL 2004-04-08).

A row is brewing over the award of a five-year R26-million CONTRACT TO MANAGE DURBAN'S CITY CENTRE STREET PARKING - and over the contents of a report by the eThekwini Metro ombudsman that allegedly confirmed irregularities in the adjudication of the tender (M&G 2004-04-08).

Google's path to world domination took a turn for the worse yesterday with news that a small British company has ALREADY GOT THE TRADEMARK FOR GMAIL and has been using it in 80 countries (The Register 2004-04-07).

Australia
An Australian described by a Sydney judge as a "grossly stupid, totally irresponsible, drunken teenage lout" was on Thursday obliged to HAND BACK A BIG COMPENSATION PAYMENT he received in 2003 after breaking into a pub that had denied him entry because he was intoxicated and underage (IOL 2004-04-08).

France
Women who MUNCHED ON CHOCOLATE while pregnant gave birth to happier babies, according to a study reported in New Scientist (IOL 2004-04-08).

United States
Now available online : a lawsuit filed in Albany, NY on behalf of gay and lesbian couples asking a court to find that the state's ban on same-sex marriages is unconstitutional - SAMUELS AND GALLAGHER V STATE OF NEW YORK (FindLaw 2004-04-07).

Wednesday 7 April

The KwaZulu-Natal Transport Department is considering  SUSPENDING DRIVERS' LICENCES NISTEAD OF FINING OFFENDING MOTORISTS (Business Day 2004-04-06).

In the wake of a moralistic "storm in a tea cup", KwaZulu-Natal racing administrator Gold Circle on Tuesday announced it will ABANDON HORSE RACING THIS GOOD FRIDAY and transfer three of the better races to the Clairwood race meeting scheduled for Easter Sunday (Witness 2004-04-07).

United Kingdom
A simple DETECTOR OF THE THREE MAIN TYPES OF DRUGS USED TO SPIKE DRINKS was launched on Tuesday in an effort to reduce the soaring number of drug rape cases. The matchbox-sized "Drink Detective" tests for benzodiazepines, including Rohypnol, GHB and ketamine - the principal narcotics used in rape drugs and assault (IOL 2004-04-07).

Australia
A distraught WOMAN USED CELLPHONE MESSAGES TO PERSUADE A REPENTANT THIEF TO RETURN HER STOLEN CAR. Her 13-year-old son's cellphone was in the car, so she sent messages to the thief explaining that the car was a gift from her father shortly before he died and that presents for her son's birthday, which was on the following day, were in its trunk (IOL 2004-04-07).

United States
TWO YEARS INTO RENEWED EFFORTS TO IMPROVE CORPORATE GOVERNANCE, A MCKINSEY SURVEY OF DIRECTORS AND INSTITUTIONAL INVESTORS FINDS THEM DISSATISFIED WITH THE PACE AND EXTENT OF REFORM. Both groups cite resistance from management and directors themselves as reasons for the slowness of change, and they agree about which reforms are most needed: splitting the roles of chairman and CEO, increasing the accountability of directors, and reducing executive compensation (McKinsey Quarterly).

In a case described as the first to test the RIGHT TO REMAIN ANONYMOUS IN AN INTERNET FORUM, a judge asked a court to drop her defamation lawsuit against someone who criticized her in an Internet chat room friend to a vacant county judgeship (FindLaw 2004-04-03).

Jason Allen Cody discusses whether POP-UP ADS TRANSLATE INTO INFRINGEMENT UNDER COPYRIGHT OR TRADEMARK LAW (FindLaw 2004-04).

Hospitals and doctors are still CAUTIOUS ABOUT THE NEW TECHNOLOGY INTENDED TO OVERCOME PROBLEMS as common as illegible handwriting on doctors' prescriptions that cause patients to receive the wrong drugs or doses, or result in one physician's not knowing what another has ordered (New York Times 2004-04-06).

A TYPE OF ABORTION BANNED A NEW FEDERAL LAW WOULD CAUSE "SEVERE AND EXCRUTIATING" PAIN TO 20-WEEK-OLD FETUSES, a medical expert on pain testified (FindLaw 2004-04-06).

Tuesday 6 April

The Advertising Standards Authority (ASA) will hear the final appeal in the complaint by The Africa Christian Action Group (Action Group) against advertisements placed by Marie Stopes South Africa on Wednesday 7 April 2004 at the ASA’s Johannesburg offices (Media Release from the Women's Legal Centre 2004-04-06). Copies of both the MEDIA RELEASE and HEADS OF ARGUMENT are available on the KZNLS' library website.

THERE WILL BE NO HORSE RACING ON GOOD FRIDAY according to a ruling by the Durban High Court on Monday. The ruling comes after Gold Circle challenged racing legislation that forbids horse racing meets on three important Christian holidays (Witness 2004-04-06).

Attorneys acting for the CAPE LAW SOCIETY ARE TRYING TO TRACE THE WHEREABOUTS OF A PROMINENT ATTORNEY WHO WAS HOSPITALISED FOR CRACK ADDICTION after it emerged there were alleged irregularities in transactions from his firm's trust account (Cape Times 2004-04-06).

In a move likely to hurt online gambling sites, search engine giants YAHOO AND GOOGLE HAVE ANNOUNCED THAT THEY WILL NO LONGER SERVE ADS FROM ONLINE CASINOS. The two search engines expect the ads to stop running by the end of April (webpronews).

United Kingdom
A grade II listed HOUSE IN LONDON IS TO BE HANDED OVER TO THREE SQUATTERS WHO HAVE LIVED IN IT FOR MORE THAN 30 YEARS. Their claim to take over the freehold of the house valued at between £425,000 and £475,000 will not be contested by the Camden council which appears to have written off any claim to the house and last year the squatters issued a writ asserting that they should be registered as the legal owners (Telegraph 2004-04-06).

The TELETUBBIES AND TWEENIES ARE TO BE BANNED FROM PROMOTING UNHEALTHY CHILDREN'S FOOD. The change follows intense pressure from food campaigners concerned that pre-school television characters are used to sell foods high in salt, sugar and fat (Telegraph 2004-04-06).

United States
A federal appeals court here has upheld methods used by more than half the states to CONTROL THE COST OF PRESCRIPTION MEDICINES bought for Medicaid recipients and other low-income people (New York Times 2004-04-05).

The Supreme Court agreed on Monday to decide whether the POLICE NEED A SPECIAL REASON TO SUBJECT A CAR THEY HAVE STOPPED FOR A TRAFFIC VIOLATION TO A DRUG-SNIFFING DOG (New York Times 2004-04-05).

A leading mathematics journal has finally accepted that one of the longest-standing problems in the field - THE MOST EFICIENT WAY TO PACK ORANGES - has been conclusively solved. By a computer (New York Times 2004-04-06).

Monday 5 April

The legal profession, largely untouched by the empowerment mania that has swept commerce and industry, is set to DRAW UP ITS OWN TRANSFORMATION CHARTER to boost its base of black lawyers (Business Day 2004-04-05).

A proposed amendment to KwaZulu-Natal burial legislation is to ALLOW RURAL PEOPLE TO BURY FAMILY MEMBERS WHEREVER THEY WANT, INCLUDING THEIR OWN BACKYARDS (Witness 2004-04-03).

The government has given the GO-AHEAD TO A LUXURY RESORT DEVELOPMENT ON THE EDGES OF THE UKHAHLAMBA WORLD HERITAGE SITE. The decision has been met with mixed feelings by environmentalists. An appeal against the authorisation or condition/s of authorisation may be lodged with Agriculture and Environmental Affairs MEC Dumisane Makhaye, Private Bag X9059, Pietermaritzburg, 3200, on or before April 28 (Witness 2004-04-05).

A solo [law] practitioner wanted to develop A SIMPLE WEB PRESENCE WITH THE ABILITY TO EXPAND IN THE FUTURE. He needed easy-to-use software as he preferred to do it himself, and did not have significant time to invest. To him, the cost of the software is less significant than his time in implementing it. If you don't have any web presence yet, and can devote several hours per week to providing content updates (as opposed to spending a lot of it on web formatting for the initial design and on each content update), then seriously consider a blog format (Lawtech Guru 2004-03-31).

Google's decision to begin testing A FREE, AD-SUPPORTED WEB-BASED E-MAIL SERVICE was so far out of character for the search giant that many people thought the announcement was an April Fools' Day hoax. Google representatives downplayed the strategic significance of the move, painting the new Gmail service a search-based e-mail application that offers a natural extension to the company's primary focus on organizing information. But Charles Cooper warns that all the encomia that's greeting the announcement of "Gmail" distracts attention from the fact that THERE'S YET A HIDDEN PRICE YOU WILL STILL PAY, albeit in the form of a different sort of coin (CNet News 2004-04-02).

United Kingdom
FATHERS ARE FAILING TO CAPITALISE ON NEW FLEXIBLE WORKING TIME ARRANGEMENTS because they fear that it will mean "career death", the Government admitted last night. Just one in 10 of those men eligible has asked to change hours, despite legislation which gives them the right to ask for flexible working, including only working during school terms, job sharing and working from home (Telegraph 2004-04-05).

Tony Blair was last night fighting to prevent the political row over immigration spiralling out of control after ministers confirmed that THE GOVERNMENT WAS OPERATING A "NO LIMIT" POLICY ON THE NUMBER OF IMMIGRANTS ENTERING BRITAIN TO WORK (Telegraph 2004-04-05).

Tony Blair will fly to the United States next week to ask George W Bush to delay for a year the INTRODUCTION OF FINGERPRINT AND PHOTOGRAPH CHECKS ON BRITISH VISITORS TO THE US (Telegraph 2004-04-04).

Gordon Brown threatened last night to BLOCK PLANS BY THE EUROPEAN COMMISSION TO MAKE IT EASIER FOR CONSUMERS TO BRING AS MUCH CHEAP ALCOHOL INTO BRITAIN AS THEY WISH (Telegraph 2004-04-03).

Canada
The LAW SOCIETY OF BC IS TAKING PROACTIVE STEPS TO COMBAT MONEY LAUNDERING by today enacting new financial rules to ensure BC lawyers are at the forefront of the fight against money laundering and terrorist financing (CNW 2004-04-02).

United States
A judge agreed on Friday to ALLOW MICHAEL JACKSON'S ATTORNEYS TO SEE SCHOOL AND PSYCHIATRIC REPORTS INVOLVING THE ACCUSER AND HIS FAMILY that were gathered for an unrelated lawsuit (News24 2004-04-05).

A federal judge in Louisiana has TAKEN CONTROL OF AN ACCIDENT CASE INVOLVING HIS CAR and issued an order transferring evidence about his medical condition to a sealed federal court file (New York Times 2004-04-05).

Singapore
A criminal and corporate ATTORNEY HAS BEEN ORDERED BY SINGAPORE'S LAW SOCIETY TO STOP APPEARING IN SLIMMING ADVERTISEMENTS. Photographs of Bruce Wong and his practising certificate have been featured prominently in newspaper ads and television commercials (Bornea Bulletin 2004-04-05).

 

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