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

17 July 2009

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

InfoUpdate 15 of 2009
Government and Legislation

Legislation

Companies Act, 2008

Companies Act clears some muddy water  - 13 July
One of the most controversial aspects of our company law concerns whether a company can indemnify its directors when they breach their common law or fiduciary duties, and, related to this, whether a company can take out an insurance policy protecting itself and its directors against this type of liability. These issues are currently regulated by section 247 of the Companies Act, 1973. This provision is far from a model of clarity, and few will mourn its demise once the new Companies Act, 2008, comes into force next year. - Business Report website

Constitution

In terms of Section 45(1)(c) of the Constitution of the Republic of South Africa , 1996, the Constitutional Review Committee must review the Constitution annually. Therefore, members of the public are invited to make written submissions to the Constitutional Review Committee on specific sections of the Constitution that they feel need to be reviewed.

Submissions can be emailed to Ms Pat Jayiya at pjayiya@parliament.gov.za by no later than Wednesday, 19 August 2009

Issued by Adv SP Holomisa, MP and Mr BA Mnguni, MP: Co-chairpersons: Constitutional Review Committee

The document is also here: www.pmg.org.za/policy_docs?page=1

Source : Parliamentary Monitoring Group

Constitution Seventeenth Amendment Bill of 2009

Cape Town opposed to Constitution 17th Amendment bill - 16 July
Statement by Executive Mayor Dan Plato on the Constitution Seventeenth Amendment Bill, July 16 2009. On 17 June 2009, in Government Gazette 32311, the Department of Justice and Constitutional Development gave notice of its intention to introduce the Constitution Seventeenth Amendment Bill of 2009, in the National Assembly. According to the memorandum attached to the Bill, this proposed amendment to the Constitution "seeks to vest the national government with new powers of intervention in local government when it is necessary to achieve regional efficiencies and economies of scale in respect of municipal functions." The memorandum also states that the Bill "is designed to facilitate not only EDI restructuring, but also the regionalisation of other municipal functions, when necessary". -
Politicsweb website

Consumer Protection Act

New laws aim to protect consumers from unscrupulous marketers - 15 July
Consumers will be protected from unscrupulous traders and suppliers trying to sell their goods by way of telesales and other marketing devices, according to new consumer laws. Marketers, companies, small businesses, banks and the manufacturing and services industry will be bound to change their business practices to ensure compliance with the new Consumer Protection Act. -
allAfrica website

Act likely to lead to increase in consumer activism - 17 July
The new Consumer Protection Act (CPA) was likely to lead to an increase in consumer activism, attorney John Oxenham said in Johannesburg. He said the CPA would protect consumers from unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices. It would also protect them from deceptive, misleading, unfair or fraudulent conduct. -
Supermarket website

New on Polity website

Bilateral Investment Treaty Policy Framework
For public comments (Deadline : July 24, 2009)
GN 961/GG 32386

Co-operative Banks Act 40 of 2007

Draft Co-operative Banks Act Combined Rules
For public comments (Deadline : July 31, 2009)
GN 936/GG 32356

Regulations in terms of section 86
GNR 712/GG 32357

Defence Act, 2002
Regulations for the defence force
GNR 714/GG 32359

Income Tax Act 58 of 1962
Notice to furnish returns for the 2009 year of assessment
GN 711/GG 32354

Local Government : Municipal Finance Management Act, 2003
Effective date of Eskom's electricity price increase for municipalities and municipal entities
GN 938/GG 32363

National Environmental Management Act 107 of 1998
Amendment of GNRs 386 and 387 of 2006
GN 719/GG 32369

National Environmental Management : Waste Act 59 of 2008
List of waste management activities that have, or are likely to have, a detrimental effect on the environment
GN 718/GG 32368

National Nuclear Regulator Act 47 of 1999
Invitation for public comment on proposed draft regulations on the siting of new nuclear installations  (Deadline : August 3, 2009)
GN 914/GG 32349

Safety at Sports and Recreation Events Bill
[
B7 - 2009]

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