Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 July 2009

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

InfoUpdate 13 of 2009
Useful Links
and Items of Interest 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

South Africa

Communications

No more 'Tshwane' for SABC - 1 July
The Broadcasting Complaints Commission of South Africa said it would impose fines against the South African Broadcasting Corporation if it continued to refer to Pretoria as Tshwane. - iafrica website

Broadcasting Complaints Commission of South Africa
12/2009
Ruling
Politicsweb website

ID now required to buy your new starter pack - 30 June
From tomorrow anyone buying a cellphone starter pack will have to produce an ID and proof of residential address. This procedure conforms with the Regulation of Interception of Communications and Provision of Communication-Related Information Act of 2008. The new legislation aims to help law enforcement agencies to track illegal activities. The law requires that a new SIM card will only be activated on a cellular network once it is registered. It also requires that all cellphone numbers be registered within 18 months from tomorrow. - Sowetan website

Mobile operators lose fight - 30 June
The compulsory registration of all SIM cards in use, in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) will come into effect from 1 July 2009. The Act requires mobile operators Cell C, MTN and Vodacom, as well as other service providers such as Nashua Mobile, Autopage and Virgin Mobile South Africa, to register on secure databases the identities, physical address and cellular phone numbers of new and existing customers who buy SIM cards.  - Moneyweb website

Strict laws to control sale of cellular phones, sim cards - 30 June
Government is to implement strict laws on the sale of cellular phones and sim cards to help curb serious crime in the country. The Interception Amendment Act, which will be implemented on 1 July, aims to assist the law enforcement agencies in the investigation and combating of serious crime. It also ensures that the identity and whereabouts of the owner of a sim card who used a cell phone in the planning and execution of a serious crime is known. - BuaNews Online website

Cellphone act puts burden on providers - 30 June
From Wednesday all new and old prepaid cellphone subscribers will have to provide proof of identity documents to their network providers as part of the new interception law - the Regulation of Interception of Communications and Provision of Communication-Related Information Act. MTN, Cell C and Vodacom have 18 months to register more than 40 million active prepaid SIM card subscribers and new users on their system. Subscribers could be cut off from the network if they failed to register their details. - Business Report website

'No extra cost' for cellphone databases - 1 July
Cellphone users will be protected against unauthorised eavesdropping once users have to supply identification details when obtaining airtime. Cellular providers say they will not pass on the substantial cost of building and maintaining databases of all their customers. Jeff Radebe, the minister of justice, said yesterday that law enforcement agencies would be strengthened in the fight against crime as the new law takes effect today. - Business Report website

No illegal interception of calls : Radebe - 1 July
Justice Minister Jeff Radebe says the new law to register cellphone users will not be used to spy on citizens. He was briefing the media on the Regulation of Interception of Communications and Provision of Communication Related Information Act, which comes into effect today. - IOL website

SIM card violators face hefty fines - 1 July
Cellphone companies that fail to comply with a new law that, from Wednesday, requires them to register all subscribers face a hefty fine of R100 000 for each day they are in violation. This was revealed by Justice Minister Jeff Radebe, who also emphasised that the new Regulation of Interception of Communications and Provision of Communication Related Information Act was aimed at dealing with criminals who were using cellphones to plan and execute crimes. - IOL website

18 June 2009
SABC Board status inquiry : Day 1 ; SABC budget 2009/10
Parliamentary Monitoring Group website

23 June 2009
SABC Board status inquiry : Day 2
Parliamentary Monitoring Group website

24 June 2009
SABC Board status inquiry : Day 3
Parliamentary Monitoring Group website

26 June 2009
SABC Board status inquiry : Committee Report
Parliamentary Monitoring Group website

Parly gives go-ahead for dissolution of SABC board - 1 July
The National Assembly has given the go-ahead for the dissolution of the South African Broadcasting Corporation (SABC) board. A report calling for the dissolution of the board was adopted in the National Assembly, after receiving support from the majority of the political parties. - BuaNews website

See also : SABC workers can strike

ICASA. Complaints and Compliance Committee ruling on complaint against SABC
30 June 2009
Freedom of Expression Institute v South African Broadcasting Corporation
Politicsweb website

Icasa clears SABC - 29 June
The SABC is off the hook following a complaint by the Freedom of Expression Institute (FXI) to an Independent Communications Authority committee over its "blacklisting" controversy. Icasa's Complaints and Compliance Committee (CCC) ruled it had no jurisdiction about the public broadcaster's journalistic independence and internal functions, according to a judgment released by the SABC on Monday. - The Star website

Correctional Services

Sick prisoners might get medical parole - 27 June
Prisoners who are seriously ill - but not necessarily dying - might be eligible for release on medical parole in future. The chairman of the parole review board, Judge Siraj Desai, has confirmed to Independent Newspapers that the provisions for medical parole will be looked at afresh to include considering the release of seriously ill - as opposed to terminally ill - prisoners on compassionate grounds. - IOL website

Correctional Services to become a seven-day establishment - 30 June
The Department of Correctional Services would from tomorrow, 1 July, implement a seven-day establishment, and move away from a five-day institution. This as the department has been battling massive weekend overtime claims. "The department was interfacing with the Minister of Public Service and Administration for the matter to be regulated," Minister of Correctional Services, Nosiviwe Mapisa-Nqakula said on Tuesday during her Budget Vote in Parliament. - BuaNews Online website

Courts

The big men of Africa must pay for their crimes - 28 June
President Jacob Zuma is wrong to suggest that the continent's ruthless dictators not be held to account, writes Kader Asmal. In the past two decades, we have witnessed an unprecedented rise in conflict on our continent, leading to millions of casualties and appalling atrocities. The UN estimates that more than 70% of the casualties have been civilians, many of them women and children. However, some, including President Jacob Zuma (Sunday Times, June 14), have argued that leaders of states under tension should not be prosecuted - in other words, they should be given impunity - on the grounds that the imperatives of peace require us to set aside notions of justice and accountability. - The Times website

See also :
Zuma asks for immunity for African leaders
- 14 June
IOL website
[InfoUpdate 12 of 2009]

Criminal Justice System

Zuma meets Selebi to discuss contract - 29 June
President Jacob Zuma met Jackie Selebi last week about the future of the national police commissioner, who is on "special leave" pending a criminal case. Selebi's contract ends on Tuesday and indications are that the Zuma administration will not renew it, and his successor is likely to be appointed in September. - IOL website

Zuma soon to appoint successor to police chief Selebi - 30 June
President Jacob Zuma is set to name a new national police commissioner in about a month's time, suggesting that suspended commissioner Jackie Selebi - who is facing charges of corruption - could be jobless from tomorrow. Police Minister Nathi Mthethwa told Business Day yesterday that Selebi's contract ends today. Selebi's original contract should have expired last year, but former president Thabo Mbeki extended it for 12 months. - Business Day website

Zuma informs Selebi of his fate - 1 July
President Jacob Zuma has written to Jackie Selebi, who is at present on special leave, informing the national police commissioner that his contract will not be renewed. Both the Presidency and Selebi were mum on the notification. Presidential spokesperson Thabo Masebe refused to comment on the matter, and was only prepared to say Selebi remained the police boss until the end of this month. Selebi's lawyer Wynanda Coetzee said she was not aware of such a letter. - IOL website

Dinokeng Scenarios. May 2009

SA has 'three ways forward' - 29 June
Although South Africa was still faced with a number of challenges after the end of apartheid, the country had achieved a great deal, economically, socially and politically, the Daily Dispatch Dialogues heard yesterday. Addressing the Dialogue – entitled The Dinokeng Scenarios : Three futures for South Africa – Archbishop Njongonkulu Ndungane , one of the convenors, counted South Africa's parliamentary democracy and its independent judiciary as some its successes. - Dispatch Online website

Ramphele warns of chaos - 1 July
Director of the World Bank and convenor of the so-called Dinokeng group, Mamphela Ramphele, has said the first of various ticking time bombs in South Africa have begun to explode. She was a guest speaker in Pretoria at a future conference of the Solidarity union on Tuesday. Ramphele said the government was responsible for the various time bombs, because it failed on education, health, crime, poverty and unemployment. - News24 website

See also :
[InfoUpdate 11 of 2009. Dinokeng Scenarios. May 2009]

Education

Govt drops General Education Certificate - 30 June
Minister of Basic Education Angie Motshekga has announced that government has dropped plans to introduce the General Education Certificate for Grade 9's. The General Education Certificate (GEC) was to have helped schools assess the readiness of Grade 9 learners to enter matric and was expected to have been introduced this year. It forms part of the National Curriculum Statement. - BuaNews Online website

Curriculum under scrutiny - 30 June
Public hearings will be held into South Africa's schools curriculum in coming months as it remains the subject of endless complaint, Basic Education Minister Angie Motshekga said on Tuesday. - IOL website

Teachers frustrated by wage talks - 30 June
Government has not shown any commitment to move toward an agreement on the occupation specific dispensation (OSD), the SA Democratic Teachers' Union (Sadtu) said on Tuesday. It added that should the situation persist, industrial action might be on the cards. - IOL website

See also : Education agreement on OSD not signed

Family Law

Dad wins battle for children - 30 June
Cape Town tug-of-love dad Steve Swanepoel was overcome with emotion at the thought of seeing his two youngest children again for the first time in two years. On Monday, the Department of Justice told Swanepoel, who lives in Cape Town, the French authorities had decided to implement court orders - handed down by French courts in terms of an international convention aimed at combating child abductions - and hand over his children to him. Now Swanepoel is scrambling to get his passport renewed so he can fly to France to fetch them within the next few days. - IOL website

See also :
Father fears he'll never see his children - 10 June
IOL website
[InfoUpdate 12 of 2009]

Government

Single public service on the cards - 30 June
The government is to push ahead with its plan to establish a single public service despite objections by opposition parties, which fear that this would strip them of power in the municipalities they control. Public Service and Administration Minister Richard Baloyi revealed yesterday that his department was pushing ahead with the plan and he hoped its implementation. - The Times website

See also :
26 April 2007
Single public service to align conditions under which government employees at national, provincial and local government work
[InfoUpdate 14 of 2007]

OSD negotiations will be completed within target - 29 June
Government is confident that negotiations regarding the Occupation Specific Dispensation (OSD) for public servants will be concluded on Tuesday. Minister of Public Service and Administration, Richard Baloyi, speaking on Monday ahead of his Budget Vote in Parliament, said that the 30 June deadline was not negotiable and would not be extended. "We set ourselves a target that by tomorrow, the 30th of June, we have concluded all negotiations related to OSD. We are not expecting anything after 30 June relating to OSD," said the minister. - BuaNews Online website

Education agreement on OSD not signed - 1 July
The education sector was among those where no agreement had been reached between government and labour on the occupation specific dispensation, the Public Service Co-ordinating Bargaining Council (PSCBC) said on Wednesday. PSCBC general secretary Shamira Huluman said the council was meant to receive reports from the various sector councils by midday. - IOL website

Admin policy documents available to govt depts - 30 June
The Department of Public Service and Administration has made available policy documents that deal with all line-function activities of government. "We have policy documents for dealing with all line-function activities of the Government, with a view to promote the following basic values and principles of our Administration, applicable in all the three spheres of our Government, organs of State and public entities," Minister Richard Baloyi said during his department's Budget Vote in Parliament on Tuesday. - BuaNews Online website

Health

Aurobindo in court on S Africa AIDS drug tender - 29 June
Indian pharmaceutical company Aurobindo is taking South Africa's Treasury to court after it lost out to local drug firms in a $400 million contract for anti-retroviral AIDS drugs, the Treasury said. - Guardian website

Indian firm's court action to be opposed in South Africa - 30 June
The South African Treasury has indicated that it will oppose a court application by Indian pharmaceutical company Aurobindo, which is disputing the awarding of a $400 million supply contract to two local firms despite Aurobindo's tender being the lowest. - Thaindian website

See also : Labour Issues

Judicial Service Commission, and, Judiciary

An unwelcome distraction - 29 June
The phoney war is over. The opening, last week, of the nominations process for the four upcoming vacancies at the Constitutional Court was a welcome relief. It came much later in the year than originally expected. The delay has not been constructively used. There were rumours that the law was to be changed to permit the four judges whose terms come to an end in the spring - Chief Justice Pius Langa and justices Yvonne Mokgoro, Kate O'Regan and Albie Sachs - to extend their tenures and opportunists have taken the gap to cause mischief of a different kind. - Article by Richard Calland on the Mail & Guardian website

Judiciary : give us judges we deserve not those politicians want - 26 June
Proper judges do not grow on trees, nor can they be conjured out of thin air by way of political meddling. In any functioning constitutional democracy, proper judges are as necessary as oxygen. They ensure that the separation of powers is preserved and that the checks and balances in the system, installed both to mediate the might of the executive and to test the constitutionality of laws passed by the legislature, are properly in place to protect the rights of ordinary citizens . - Business Day website

SA dare not fall into a state of resignation - 26 June
Worries about the rule of law, the integrity of our democratic institutions and, therefore, the quality of our democratic experience, seem to have dissipated. Many of us have been arguing that the angst surrounding the idea of a Zuma presidency has given way to the charitable spirit of giving him and his administration a chance. This is a spirit that was seemingly reinforced by Zuma's confidence-building inauguration speech, his state-of-the-nation address and the appointment of what appears, at least on paper, to be the strongest cabinet since 1994. Even if South Africans have decided to bury their misgivings and give Zuma a chance, we must not be lulled into complacency. The challenges and threats that faced us before the elections are still very much with us. These challenges and threats may be the strong undercurrents of a deceptively quiet surface. One of these undercurrents is a potential threat to the integrity of our judiciary. - Business Day website

Labour Issues

KZN Health seeks court order for striking doctors - 26 June
The KwaZulu-Natal Department of Health has sought a court order, forcing doctors participating in an illegal strike, to get back to work or face dismissal. "We are preparing a court interdict for those who remain out of work. This situation is untenable. We cannot continue to put the lives of our people in danger and the government will act. It is becoming clearer that this strike action is deeper than the eye can see," Provincial Health MEC, Dr Sibongiseni Dhlomo said on Friday. - BuaNews Online website

Court grants interdict against KZN doctors - 28 June
The Durban Labour Court has granted the KwaZulu-Natal health department an interdict against striking healthcare workers, the department said on Sunday. The ruling, handed down on Saturday, bars doctors, pharmacists, dentists and emergency medical practitioners from engaging in an illegal strike action, spokesperson Chris Maxon said in a statement. - IOL website

Dept gives doctors a chance - 29 June
Several KwaZulu-Natal doctors who failed to heed a Labour Court interdict ordering them to abandon their strike and return to work were dismissed on Monday, the provincial health department said. On Saturday the Labour Court in Durban granted the health department an interim interdict forcing health workers to return to work. But the doctors continued with their strike on Monday, saying they will continue with the strike until their demands were met. - News24 website

Council to investigate doctors abandoning duties - 29 June
The Health Professions Council of South Africa (HPCSA) has launched an investigation into the allegation that 16 doctors from Addington Hospital refused to attend to life-threatening emergencies. According to the complaint, registered at the council, doctors working at the paediatrics department were participating in an illegal strike and refused to attend to patients. - BuaNews Online website

Bargaining council optimistic about doctors' wage talks - 30 June
Wage talks to settle the impasse between government and doctors are "within the settlement range", the Public Service Coordinating Bargaining Council said on Tuesday. General secretary of the Public Health and Social Development Sectoral Bargaining Council, Mpumulelo Sibiya, said he was "pretty optimistic" the matter would be settled on Tuesday. - Mail & Guardian website

Pay offer to be presented to doctors - 30 June
Consensus was reached on doctors' salaries in the Public Service Co-ordinating Bargaining Council on Tuesday, a negotiator for the health workers said. However, government and unions still had to get the proposed increases accepted by union members. - IOL website

Fired doctors allowed to reapply - 30 June
Posts for recently fired doctors would be advertised soon and dismissed doctors would be allowed to apply, KwaZulu-Natal health MEC Sibongiseni Dhlomo said on Tuesday afternoon. "We will allow them to reapply but they will have to explain thoroughly why they left patients and also sign that they will not do it again". On Monday more than 200 doctors were served with dismissal letters by the KwaZulu-Natal health department. - IOL website

KZN approaches overseas doctors - 30 June
The KwaZulu-Natal department of health would make submissions to national government about the number of doctors it needs from other countries, SABC reported on Tuesday afternoon. SABC quoted KwaZulu-Natal health MEC Dr Sibongiseni Dhlomo as saying that a number of countries had indicated a willingness to provide doctors. - IOL website

Construction workers to down tools on July 8 over pay - 30 June
Thousands of construction workers at various infrastructure projects, including 2010 FIFA World Cup stadium projects, would down tools from July 8, over a pay dispute, the National Union of Mineworkers (NUM) announced on Tuesday. Talks between the NUM and the South African Federation of Civil Engineering Contractors collapsed last week. The union is demanding a 13% increase for a one-year agreement, while Safcec was offering a 10% increment for the first year and consumer price index for the second year. - Creamer Media's Engineering News website

Interdict sought to stop strikes at World Cup sites - 1 July
The South African Federation of Civil Engineering Contractors (Safcec) said on Wednesday it would apply for an interdict to stop workers at World Cup sites from going on strike. "We are looking to obtain an interdict from the labour court to stop the strike on the basis that it is premature," Safcec spokesperson Joe Campanella said. He said this application would be made "as soon as possible". Parties were not currently in any kind of negotiations, Campanella said. - Mail & Guardian website
Keyphrase :
2010 FIFA World Cup

Land Affairs

Property in the spotlight - 1 July
Property investment is the centerpiece theme at next month's annual IPD/SAPOA Property Investment Conference in Cape Town, as savvy investors seek to come to terms with the role of property in a post-credit crunch global investment portfolio, as well as the uses and misuse of leverage and allocations to risky assets and sectors. The annual conference, now in its 7th year, is entitled "The world has changed – new agendas, new realities for real estate". - Cape Business News website

Minerals and Energy

Nersa says it cannot issue new guidelines to limit municipal power hikes - 29 June
The National Energy Regulator of South Africa (Nersa) indicated on Monday that it would not draft new guidelines for the country's municipalities directing them to pass on only justifiable electricity-price increases once the recently approved Eskom increase came into force as from Wednesday, July 1. However, the regulator agreed with the head of a leading electrical engineering business, who said it would be "unfair" for large local authorities to add the full 31,3% increase to the power that they purchased from Eskom, but sold at a substantial premium to business and residential consumers. - Creamer Media's Engineering News website

Power tariffs used as a 'tax' - 30 June
Electricity tariffs are being used as a "tax" in South Africa and the ordinary consumer has been hard hit, says economist Mike Schussler. He said the ordinary householder was being taxed through high electricity tariffs and made to cross-subsidise other users. "In South Africa we have the strange situation where the municipalities use electricity to make a huge amount of money to pay for other services," he said. - IOL website

Lessons from Pamodzi Gold - 1 July
I would hate to say I told you so. May 26 2009 has come and gone. This was the return date of the provisional liquidation orders on Pamodzi Gold's East Rand, Orkney and President Steyn Mines in the Free State. The date had become final if no new funding was found to rescue Pamodzi Gold. The curtain has finally closed with liquidators announcing Harmony Gold as the preferred bidder for Pamodzi's President Steyn Mines in Welkom, in the Free State. So, this is the end of the short, but arduous road for this junior gold miner. The mine will be saved, but sadly that won't be enough to save some jobs. - Moneyweb website

Municipal Management and Procedure

eThewini

Fatima Meer rallies behind market traders - 28 June
Durban social activist Fatima Meer has condemned the impending closure of the city's Early Morning Market by the eThekwini Municipality. Meer, 80, said she was concerned that the closure of the market, to make way for a multimillion-rand shopping complex, would "hurt" the working class who shop there. This week, the 1860 Legacy Foundation, a body formed to commemorate the 150th anniversary of the arrival of Indians in South Africa, stepped into the fray by convening a mass meeting to encourage debate on the future of the market. "The council is trying to split up the traders. However, they have been admirably united in their tremendous fight", said Meer. - The Times website

Fire destroys traders' market stalls - 30 June
Two traders at Warwick Junction's Early Morning Market arrived at their trading stalls yesterday morning to find them devastated by fire. Logan Chetty who has traded at the market for 25 years said he was shocked when he arrived at work at 5.30am to find that the two stalls from which he and his daughter, Julie, traded had been destroyed by fire. - IOL website

National Prosecuting Authority

Justice DG to know his fate soon - 29 June
Justice Minister Jeff Radebe will decide the fate of his director-general, Menzi Simelane, in a matter of days following an investigation into his conduct by the Public Service Commission (PSC). Radebe's spokesperson Tlali Tlali said the minister had met Simelane and PSC chairperson Professor Stan Sangweni after damning findings against Simelane by the Ginwala Commission. - IOL website

Tutu adds weight to Pikoli case - 1 July
Desmond Tutu has entered the legal fray over axed prosecuting head Vusi Pikoli's controversial dismissal. Tutu contends that the Freedom Under Law NGO - for which he is an international adviser - should be allowed to participate in Pikoli's court challenge of his axing. This, he says, is because Freedom Under Law can provide the court hearing Pikoli's challenge with a number of key legal insights relevant to his former position as national director of public prosecutions and the "appropriate procedure" for his removal. - IOL website
Includes links to Notice of Motion and Founding Affidavit

Provincial Government

Ending provinces can save R300m - 29 June
South Africa would save at least R300 million a year if the nine provinces were scrapped, as suggested by a top minister. Those savings would be just on the salaries of the 420 members of the nine provincial legislatures (MPLs). The salary bill for the political elite is a lot higher, as this does not include the sizeable pay cheques of the 90 provincial members of executive councils (MECs) and nine premiers. - Business Report website

Trade and Industry

Economic dept to be set up by April next year - 30 June
The Department of Economic Development, which will be set up in three phases, is expected to be fully established by April next year. "Unusually in the new cabinet, Economic Development did not inherit a big part of any existing department and so our task is to create a new department and we doing it in three phases," said Minister of Economic Development Ebrahim Patel. He was speaking ahead of the Trade and Industry Budget Vote, which was shared by the both the Department of Economic Development and Department of Trade and Industry (DTI). - BuaNews Online website

SA should have 'courage' to raise tariffs to prevent de-industrialisation - 30 June
South Africa should have the "courage" to increase tariffs where there is evidence to show that this would prevent the destruction of the economy's productive capacity and where such remedies were in line with South Africa’s international trade commitments, Trade and Industry Minister Dr Rob Davies reaffirmed on Tuesday. Speaking in the National Assembly, in Cape Town, Davies argued that, in the context of the prevailing global economic crisis, the "overriding risk" was the further de-industrialisation of the South African economy, "with the consequential destruction of capacity to sustain and increase decent work". - Creamer Media's Engineering News website

Industry bailouts not as critical as jobs : ministers - 1 July
The government was not keen on industry bailouts as they gave business the impression they could continue as they were before being rescued, the ministers of trade and industry and economic development both repeated yesterday. But Rob Davies of trade and industry and Ebrahim Patel of economic development indicated that they did support interventions in industrial sectors where large job losses would result from the recession. - Business Report website

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