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
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

2010 FIFA World Cup

Construction company linked to 2010 bribe - 9 July
An East London-based construction company says it was asked for a R6-million bribe to be awarded a contract to build a 2010 World Cup stadium in Mthatha, a report said on Thursday. The Daily Dispatch reported that two people allegedly approached Rumdel Construction with an offer to secure the R500-million contract for the company. A representative of the company confirmed the incident took place, but declined to comment further for fear of the safety of his workers in the Mthatha area in the Eastern Cape. - IOL website

See also : Special courts set up for 2010 crime victims

Arms and Ammunition

Court judgement leads to hitches in Firearms Act - 15 July
Firearm owners, whose licenses have expired, may remain in possession of the guns despite the 30 June deadline imposed by government. "Legal firearm owners may poses, sans use, their firearms ... and the 'old green licence' will be sufficient proof of the legal possession of the firearm," said police spokesperson, Director Phuti Setati on Wednesday. The Firearms Control Act, which was being phased in over five years ending 31 June, was aimed at forcing licensed gun owners to re-apply for their licences, including applying for competency certificates, failing which they must dispose of their firearms, or could have them forfeited to the state. However, a hitch in implementing the transitional provisions of the Act came about after a High Court judgement on 26 June. - BuaNews Online website

See :
North Gauteng High Court
26 June 2009
33656/2009 [2009] ZAGPPHC 93
South African Hunters and Game Conservation Association v Minister of Safety and Security

Gun licensing deadline row rages - 16 July
The police have vowed to intensify their communication with gun owners after a court order which provides a temporary reprieve for those who failed to meet the licence-renewal deadline. The SAPS and SA Hunting and Game Conservation, which applied for the interdict, addressed the media at a National Press Club briefing yesterday to clarify the implications of the ruling. -
IOL website

Black Economic Empowerment

BEE deal promises to be good for Spar  - 17 July
The Spar group's issue of 10 percent equity to broad-based black economic empowerment (BEE) trusts will increase loyalty with its franchise operators, retail analysts agree. Spar's proposal will see 18.9 million redeemable, convertible preference shares, with a par value of 0.06c a share, issued to employees and retailer employees. Forty percent of these new preference shares will be allocated to Spar's 2 700 employees (excluding senior management) with the remaining 60 percent allocated to the 25 000 retailer member employees. In terms of the scheme, shares will be issued to employees on service-based criteria. - Business Report website

Communications

Motlanthe appoints SABC interim board - 13 July
Acting President Kgalema Motlanthe has appointed the SABC's interim board for a period of six months, the presidency said today. The new board is comprised of Irene Charnley (chairwoman), Philip Frederick Mtimkulu (deputy chairman), Libby Lloyd, Leslie Kgopotso Sedibe, Suzanne Vos, Gab Mampone, Robin Nicholson, and Charlotte Mampane. - Business Day website

Compromised Icasa toothless against SABC - 14 July
"(Icasa) is a systemic failure in exactly the same way the SABC is a systemic failure. The SABC is imploding first, and Icasa will be next", says broadcasting lawyer Justine Limpitlaw. Limpitlaw says the regulator suffers from juniorisation and a lack of skills. She blames Parliament for recommending councillors with insufficient experience and who had not demonstrated a commitment to independent regulation. - Business Day website

Why RICA will fail - 14 July
A number of serious problems were highlighted when RICA, or the Regulation of Interception of Communications and Provision of Communication-Related Information Act, was required to come into full effect in 2006. At the time, then-CEO of Vodacom Alan Knott-Craig questioned how possible the enactment of this law would be. Issues which didn't (and still don't) make sense: like the difficulty in registering "15m to 20m South Africans who simply don't have a residential address". Knott-Craig also added that "we don't seem to be able to convince anybody that it's just practically impossible". The deadline back then was 12 months from June 2006. Knott-Craig and the heads of the other operators had managed to appeal to Parliament that the proposed plan was impractical. We don't really know how passionate this plea was, but it seemed to have worked. The need to frantically get everybody "RICA'd" disappeared. That was three years ago. - Moneyweb website

New South African telecoms law roundly condemned - 17 July
South Africa's legislation to allow state security to access mobile phone calls and SMSes has been roundly criticized by human rights groups, diplomatic missions and general members of the public. Prominent human rights lawyer Gabriel Shumba, argues that the new law would be challenged and tested in the Constitutional Court citing infringment of people's privacy. An ambassador from the West African region argued that the new law came as a surprise "considering that SA is regarded as the mother of democracy" in Africa. - ITNews Africa website

Correctional Services

Prisons fire fraud busters - 17 July
In a major setback for the fight against corruption, the correctional services department has terminated its contract with Willie Hofmeyr’s fraud-busting Special Investigating Unit (SIU). The true commitment of Mapisa-Nqakula and her department to fighting graft is again called into question by the termination of the contract with the SIU. According to SIU spokesperson Trinesha Naidoo, the department did not renew its contract with the unit when it came to an end on March 31 this year. The timing of the cancellation of the contract is curious for various reasons. - Mail & Guardian website

Mapisa-Nqakula suspends senior officials - 13 July
Correctional Services Minister Nosiviwe Mapisa-Nqakula has placed the National Commissioner of Correctional Services Xoliswa Sibeko and the Acting Chief Financial Officer Nandi Mareka on precautionary suspension with immediate effect.  - BuaNews Online website

Minister orders probe into luxury homes - 15 July
National prisons commissioner Xoliswa Sibeko and the department's chief financial officer, Nandi Mareka, were suspended on Monday following allegations that they rented accommodation for senior officials - including Balfour's wife, Thozama Mqobi- Balfour - "at exorbitant cost" to the taxpayer. It is alleged that Sibeko and Mareka rented luxury apartments at a golf estate at a cost of R30 000 a month for each of the officials. - The Times website

'Balfour gave nod to hefty house rentals - 15 July
Correctional Services Minister Nosiviwe Mapisa-Nqakula has admitted that her predecessor, Ngconde Balfour, approved the suspended prisons head's expensive rental of a golf estate house at taxpayers' expense. Mapisa-Nqakula has since placed national commissioner Xoliswa Sibeko and acting chief financial officer Nandi Mareka on cautionary suspension, saying if Sibeko was found guilty she would definitely have to go. - IOL website

Minister corrects 'sensational' reports - 15 July
The correctional services department moved to counter "inaccurate and sensationalist" reports about rented accommodation for senior officials. The department said Mapisa-Nqakula stated in her briefing to the media yesterday that Balfour had approved the acquisition of alternative accommodation for national commissioner Xoliswa Sibeko at a cost of R60 000 a year. - The Times website

Balfours in housing controversy - 18 July
As more details came to light this week of the rental of a private home with state money for two prisons bosses, new questions emerged about former Correctional Services minister Ngconde Balfour's role in the controversy. - IOL website

Warders at New Prison in union row - 16 July
Warders at Pietermaritzburg’s New Prison will march to call for the dismissal of Police and Prison Civil Rights Union (Popcru) national leadership if Cosatu fails to resolve the deadlock between them and their union. Their warning comes barely a week after the warders threatened the union with legal action. On Tuesday, the warders said they are raising funds among themselves to take the union to court over its decision to sign an occupation-specific dispensation (OSD) agreement which it apparently was not mandated to sign and which was allegedly not in the best interest of the members. - The Witness website

Courts

Special courts set up for 2010 crime victims - 14 July
Courts will operate around the clock in KwaZulu-Natal during the soccer World Cup to allow 2010 visitors, who become victims of crime, to testify before returning home. - IOL website

Keyphrase :
2010 FIFA World Cup

Court rejects paedophile's claim of consent - 11 July
Adults need to be reminded that children cannot lawfully consent to sexual acts. So said Pretoria Sexual Offences Court Magistrate Jakkie Wessels after a paedophile claimed the four boys he indecently assaulted had consented. Mark Lock, a former panel beater, was on Friday sentenced to 20 years in jail. Lock was also found guilty of sodomy. The boys did not report Lock nor did they wish to testify against him, apparently because they liked him. Wessels said the court could not ignore Lock's previous conviction on eight similar offences in 1994. He was diagnosed as a paedophile and received counselling. - IOL website

Cyberlaw

Domain name disputes are costly and can be avoided - 13 July
The rapid growth of the Internet has created rich pickings for the unscrupulous who take advantage of companies’ goodwill and trademarks. So much so that it has become increasingly important for business owners to register their domain names promptly to ensure that their brands and trademarks are protected on the Internet. If this is not done businesses may be dragged into unnecessary and costly litigation, warns Mia Krog of Shepstone & Wylie. - Moneyweb website

Dinokeng Scenarios. May 2009

Who will lead SA along the road less travelled? - 9 July
As the dust settles on SA's new political landscape, millions of South Africans are hopeful that the country’s leaders will deliver on their campaign promises. SA is at a crossroads and exceptional leadership - at every level of society - is needed. We face a crisis of leadership at the moment. It is time for leaders who are capable of taking the country and our organisations down a road less travelled, a road where collaboration lights the way - especially during these recessionary times when it is far easier and more comfortable to default into an easy authoritarianism where the "leader knows best". - Business Day website

The absent president, again, and arrogance of dominance - 13 July
Jacob Zuma has been president for three months but where is he? Mamphela Ramphele, who readers of The Weekender newspaper voted South Africa's top intellectual, has been travelling the country explaining the Dinokeng scenarios. She suggests that a culture of silence for fear of losing future tenders is endangering our future. - Charlene Smith on the Thought Leader blog

You can be engaged - 14 July
Last week I went to a well presented report by Dr Mamphela Ramphele on the Dinokeng Scenarios at the Wits Business School. At the base of the Walk Together Scenario, the only one of the three that takes SA "north" as opposed to "south" as Ramphele put it, is the need for an engaged citizenry that holds the government, including public servants, to account. In response to a question from the floor as to how an individual not in any position of leadership could do this, Ramphele said that if she saw anybody in the public service behaving in an unacceptable way she would challenge them. We went home reflecting on this, and resolved to be more active. - Business Day website

Environment

Syndicates stripping Cape of flora and fauna - 17 July
Biocriminal syndicates are stripping the Western Cape of its indigenous fauna and flora, using methods similar to the drug mule system that moves vast amounts of narcotics around the world. "The last syndicated group was made up of three Slovakians and one Czech who were caught smuggling close to 100 Angulate tortoises," said Paul Gildenhuys, CapeNature's Biodiversity Crime Unit (BCU) programme manager. - IOL website

SA earmarks R250m for more energy efficient State buildings - 12 July
Energy Minister Dipuo Peters on Friday announced that over R250-million has been earmarked for investment in the energy efficiency retrofit of government buildings, and as part of the government drive to ensure promotion of energy efficiency, 19 municipalities would also be receiving funding towards their energy efficiency initiatives. Speaking at The Star energy efficiency exhibition at Gallagher Estate in Midrand, she added that this municipal focus would be on street lights and traffic lights in particular. - Creamer Media's Engineering News website

Family Law

Secret divorce shock : men surprise wives with orders - 13 July
Thousands of women are sitting at home happily kissing their husbands, oblivious to the fact that the men they wake up next to every morning have secretly divorced them years ago. The courts are dealing with a growing number of cases in which women are battling to reverse divorce decrees granted to their husbands without their knowledge. Sowetan is aware of six cases at present in the Johannesburg family court. But a highly placed justice department official says there are hundreds of such cases in the country's courts. - Sowetan website

Government

Deputy ministers to get jobs spelt out - 4 July
President Jacob Zuma has told cabinet ministers to work out with their deputies how they will share government responsibilities. The plan - the first serious attempt to resolve tensions that have been crippling relations between ministers and their deputies - is likely to produce a performance agreement into which both sides will enter. - The Times website

No bonuses for civil servants - 17 July
Senior civil servants whose departments receive qualified audits will no longer be entitled to bonuses, according to co-operative governance deputy minister Yunus Carrim. He revealed this yesterday at the launch of Operation Clean Audit 2014 - aimed at reducing the number of municipalities, government departments and other state institutions whose books are annually found by the Auditor-General’s office to not be in order. Of the 256 state institutions and departments audited by the office in 2007, only 56 were given a clean bill of health. Co-operative Governance Minister Sicelo Shiceka said that his department will be signing a memorandum of understanding with security agencies and that a mandate will be given to them to arrest and prosecute those caught in corrupt activities. "In the process of implementing this programme we are going to be stumbling into a lot of corruption and that is why we have the Hawks with the mandate to arrest those found to be corrupt". - The Times website

Ambassador named in R21m scandal - 18 July
A company part-owned by a South African ambassador has emerged as the biggest beneficiary of R615-million worth of tenders awarded to firms whose directors or board members were civil servants. Meropa Communications, of which Yacoob Abba Omar owns 8%, was awarded a R20.9-million tender. Omar is also the ambassador to the United Arab Emirates. Meropa's contract for the Department of Health's Khomanani HIV/Aids awareness campaign was the single biggest government commission awarded during the 2005-2007 financial years to a company with a civil servant as a board member. The auditor-general found that of the 2319 government officials who had interests in companies, only 75 had approval to perform remunerative work outside their official employment. Themba Godi, the chairman of parliament's Standing Committee on Public Accounts (Scopa) said directors-general of the national departments listed in the auditor-general's report have been summoned to appear before the committee on August 7. - The Times website

Dodgy database links two to state contract - 20 July
A less-than-reliable government database could mean trouble for a suspended prisons official and a former judge because it links them to a fat state contract through a business deal 12 years ago. This week both the official and the former judge flatly denied having anything to do with the billion-rand contract, saying the government database was wrong. On Thursday the Public Service Commission (PSC) warned public servants it was their own responsibility to check that their business dealings were accurately recorded on the Company and Intellectual Property Registration Office (Cipro) database. Cipro is part of the Department of Trade and Industry. - The Star website

Health

7 July 2009
Policy debate on the Health Budget Vote Speech of Honourable Dr A Motsoaledi, MP, Minister of Health, delivered to the NCOP
SA Government Information website
Keyphrase :
National Health Insurance

Minister goes ahead with national health insurance - 15 July
Health Minister Aaron Motsoaledi is determined to press ahead with a national health insurance scheme that will provide all South Africans with free basic services. "The time has come for us to stop debating and start putting something on the table, that we start implementing. Many South Africans are waiting for that. We don't have an option", Motsoaledi said. The minister will participate in a TV debate on the topic on e.tv's Big Debate with stakeholders from the health sector, including representatives of medical aids, labour and private doctors. - Sowetan website

Medical scheme to be probed - 11 July
An investigation has been ordered into the the country's third largest medical scheme Bonitas Medical Fund, as well as into the scheme's administrator Medscheme after Bonitas allegedly used members' money for investments and incomplete property development including one in Pretoria. It is alleged that Bonitas, which has 500 000 members, has left about R80 million of members' money at risk. - IOL website

'Don't panic about Bonitas' - 17 July
The medical schemes industry must not panic about the status of the country's third largest medical scheme, the Bonitas Medical Fund, the Council for Medical Schemes said on Friday. This followed media reports on an investigation ordered by the Johannesburg High Court into the Bonitas Medical Fund and its administrator Medscheme Holdings, the council said in a statement. - IOL website

Pmb hospital crackdown - 15 July
A new medical manager has been appointed at the troubled Edendale Hospital by the MEC for Health, Dr Sibongiseni Dhlomo, who blames the hospital's "poor leadership" for its recent slow ARV roll-out programme. This comes after a decision by Dhlomo to remove the Pietermaritzburg district manager, May Zuma-Mkhonza, after she failed to manage the hospital's ARV programme roll-out. Dhlomo visited Edendale Hospital yesterday evening where he listened to some of the concerns raised by staff and patients. Some of the issues raised by the hospital's staff members included poor working conditions and staffing shortages. Dhlomo promised to try to improve the working conditions and encouraged patients to join support groups that would help them deal with their challenges. The MEC admitted that the hospital is plagued by major problems which include staff shortages in the pharmacy and poor management. - The Witness website

Human Rights

Foreigners trafficked to SA for World Cup - 16 July
There are between 800 and 1 100 Thai woman in South Africa who have been "trafficked" for sexual exploitation - and a third have been lured here believing they are coming to do honest jobs, a senior South African policeman has revealed. Justice Department sources say they have information that with the 2010 soccer World Cup looming, more women are being brought in and kept "underground" in residential areas until closer to the time. - IOL website
Keyphrases :
2010 FIFA World Cup
Human trafficking

How South Africa's women bring rapists to justice - 16 July
Until TAC opened its office in Lusikisiki in 2003, many rape cases were routinely ignored by the police. "People were just paying with sheep or goats, thinking that they could just keep it within the community", Ms. Gqamane said. "We want to change this culture. We say to people, ‘You have to go to the police with these cases". The turning point came on June 12, 2007, in the Eastern Cape town of Lusikisiki, located in an impoverished swath of hillside farms near the birthplace of Nelson Mandela. - The Globe and Mail website

'Pushed, teased, hit, raped' at school - 16 July
One teenager is being bullied so badly, his mother discovered him cutting himself at the weekend. Another has a broken arm in a sling because he was pushed down a flights of stairs. A mother believes her 20-year-old son was raped when he was at school. These are just some of the incidents of alleged bullying that parents from St Benedict's College in Bedfordview have reported to The Star in the past 24 hours. But the school has said unequivocally that bullying is wrong. And it plans to convene the school board to discuss ways of rooting out this unacceptable behaviour. - IOL website

MEC acts on bullying in schools - 17 July
The high prevalence of bullying in schools has prompted the Gauteng Education Department to devise new policies to curb the scourge. This week The Star ran a story about a 14-year-old boy who was allegedly bullied by another boy in his class at St Benedict's College in Bedfordview. The parents of the alleged bully are suing the victim's parents for R350 000 for defamation of character. The victim has left the school. - IOL website

Judicial Service Commission, and, Judiciary

JSC's new faces raise questions on Zuma - 11 July
New appointments to the body that interviews candidates for the bench made this week by President Jacob Zuma have left experts wondering how seriously to take recent presidential assurances that he respects judicial independence. The appointment of advocates Dumisa Ntsebeza SC, Ishmael Semenya SC, Vas Soni SC and Andiswa Ndoni to replace advocates George Bizos SC, Kgomotso Moroka SC, Seth Nthai SC and veteran trade unionist John Ernestzen also come after the dramatic postponement of Judicial Service Commission (JSC) interviews early this month. Pierre de Vos says "I hope I am wrong, but these . . . appointments do not bode well for the real and deep transformation of the judiciary, by which I mean the appointment not only of more black and women judges, but also of more judges who have internalised the values of the constitution and would act in a scrupulously honest and ethical manner". - The Weekender website

12 July 2009
Replacement and designation of new members to serve on the Judicial Service Commission
SA Government Information website

I'd recuse myself from Hlophe matter : Ntsebeza - 12 July
Advocate Dumisa Ntsebeza, SC, who is among the lawyers nominated by President Jacob Zuma to serve on the Judicial Service Commission , says he would be willing to recuse himself from the body if and when it hears the complaint against Judge John Hlophe. Ntsebeza represented Judge Hlophe, the Western Cape judge president, in the initial stages of his battle with Constitutional Court judges who complained to the JSC that he attempted to improperly influence them in a matter involving Zuma. - The Times website

New JSC appointments bad news for Hlophe? - 10 July
Good news for the executive and for racial nationalists, but (perhaps) bad news for Judge President John Hlophe and for those who believe in real and deep transformation of the judiciary. - Pierre de Vos on the Constitutionally Speaking blog

DA opposes Soni and Ndoni appointments to JSC - 14 July
The DA's submission to the President regarding his four designations to the JSC. - Politicsweb website

Zuma appointees 'okay' - 15 July
There is nothing wrong with President Jacob Zuma selecting jurists who are perceived to be in tune with the ruling party's ideology, said a law expert yesterday. "There is nothing untoward about a new administration making political appointments that are in sync with its political objectives and ambitions", Wits University law academic Kevin Malunga said. - The Citizen website

On democracy and criticism - 16 July
Is it acceptable in a constitutional democracy for a governing party to try and get judges appointed to the bench that share its "political objectives and ambitions"? If the governing party does so, is it justifiable to fear that the independence of the judiciary is under attack? If one criticises the maneuvers of the governing party to appoint more pliant judges that will rule in the government’s favour (even in cases where poor, marginalised and often black litigants approach the court for help), is one not being hysterical and perpetuating an Afro-pessimism born out of racism? My answer to this perplexing set of questions is both yes and no. - Pierre de Vos on the Constitutionally Speaking blog

Hlophe 'immensely qualified' to be chief justice - 13 July
As the nomination process for SA's new chief justice gears up , Western Cape Judge President John Hlophe's campaign is gaining momentum. Hlophe's supporters have been vocal in their lobbying for him to be appointed as chief justice and now Police and Prisons Civil Rights Union (Popcru) spokesman Benzi ka-Soko has also endorsed that call. "Notwithstanding his human fallibilities, I believe that Judge Hlophe should become the next chief justice He is immensely qualified and a pure jurist of note", Ka-Soko wrote in his personal capacity at the weekend. "He vividly understands the need to bring about serious radical transformation in the South African judiciary". In an open letter, Ka-Soko described Hlophe as the "embodiment of judicial fearlessness in the face of judicial populism". - Business Day website

ConCourt : Hlophe accepts - 16 July
Supporters of Western Cape Judge President John Hlophe have confirmed nominating him to a post on the Constitutional Court. The deadline for nominations to the country's highest court to replace four judges who are retiring ran out on Wednesday. They also say Hlophe accepted the nomination in writing. They want him to be the new chief justice. - iafrica website

"Nomination" of Hlophe is an insult to our President - 15 July
The (ironically named) Justice For Hlophe Alliance has issued a press statement claiming that they have "nominated" Judge President John Hlophe for the position of Chief Justice. This is a bit like me issuing a press statement claiming that I have nominated Evita Bezuidenhout, Steve Biko or Michael Jacskon for the position of Pope : it might make headlines, but it is utterly irrelevant to what happens in the Vatican when the Cardinals appoint a new Pope. The problem is that nominations are not invited for the position of Chief Justice and no one can legally nominate anyone for that position. - Pierre de Vos on the Constitutionally Speaking blog

Hlophe is best man for the job : group - 16 July
A lobby group hoping to see Cape Judge President John Hlophe in the chief justice chair has been formed, the Justice for Hlophe group said on Thursday. At a press briefing in Parktown, Justice for Hlophe spokesperson Percy Gumbi said the group was formed by professionals from the legal fraternity, business, finance and information technology sectors. The group's stance was to oversee transformation starting with the judiciary and that they believed Hlophe was the best person for the job. Their goal was to ensure that Hlophe becomes the next chief justice. - IOL website

Hlophe and the chamber of secrets - 17 July
The Justice for Hlophe Alliance, which according to chairperson Percy Gumbi is funded from its members' own pockets, officially announced Hlophe's acceptance of their nomination. He explained that his movement was formed to support Hlophe because there were "forces of darkness" bent on destroying his chances of becoming chief justice. Pressed on who or what constituted these dark forces, all he could muster was : "I am afraid I can't comment". Gumbi also revealed that Hlophe's lawyer, Barnabas Xulu, had confirmed that the Judicial Service Commission (JSC) would still act against Hlophe on long-standing allegations that the Constitutional Court candidate attempted to influence the court's judges. - Mail & Guardian wesbite

ConCourt should be selected from a wider pool - 19 July
The nomination of judges to the Constitutional Court is once again in the spotlight, with four vacancies in the court due to be filled this year. One of the criteria for appointment will be ensuring that the court continues to reflect the diversity of South Africa, on issues of race and gender at least. The Judicial Services Commission (JSC), judged by its past practice, will be looking for skilled jurists who represent different life experiences. - IOL website

19 July 2009
Announcement of new designated members of the JSC
Presidency website

New JSC members announced - 19 July
President Jacob Zuma announced the names of new members of the Judicial Services Commission on Sunday, the office of the presidency said. Advocates Ismael Semenya, Dumisa Ntsebeza, Vas Soni and Andiswa Ndoni were announced as designated persons to serve as members of the JSC, presidential spokesperson Vincent Magwenya said in a statement. The four would replace advocates George Bizos, Kgomotso Moroko, Seth Nthai and John Ernstzen who resigned on July 13. - IOL website

JSC grills candidates for SCA vacancies - 19 July
Four judges were grilled on Sunday by the Judicial Services Commission (JSC) for three vacancies on the Supreme Court of Appeal. Held at the luxurious Twelve Apostles Hotel and Spa in Camps Bay, the JSC will have more people in attendance when the hearings for four vacancies on the Constitutional Court get underway in Soweto on September 5. On Sunday judges Bennie Griesel and Eric Leach, Lebotsang Bosielo and Francois Malan were quizzed on their views on transformation and how this could be achieved to make the judiciary more representative. - IOL website

Appeal court candidates put on spot - 20 July
Racial transformation was the focus of Judicial Service Commission (JSC) interviews for the Supreme Court of Appeal (SCA) yesterday, when newly appointed commissioner Dumisa Ntsebeza questioned candidates on whether the appeal court was broadly representative of the South African population. Of the four candidates interviewed for three available positions on the bench - which has a full complement of 25 - only one, Gauteng High Court Judge Ronnie Bosielo, was black. None were female. Currently sitting on the appeal court are nine whites - of whom three are women - nine Africans - of whom three are women - three Indian men and no coloureds. Ntsebeza asked candidates if it was not necessary for the JSC to have a "targeted" and "aggressive" programme to change the pattern. - Business Day website

Judges avoids JSC interrogation - 20 July
A prospective Supreme Court of Appeal judge was on Sunday spared a grilling about his controversial discharge of the kidnapping and molestation case facing a former senior Namibian judge because that matter is sub judice. Four judges - Ronnie Bosielo and Frans Malan of Gauteng, Bennie Griesel of the Western Cape and Eric Leach of the Eastern Cape - interviewed for three available positions. It is understood however that only two positions are likely to be filled this time around, to address the shortage of female candidates at a future appointment process. - Cape Argus website

JSC grills Pretoria advocate over apartheid past - 20 July
A senior Pretoria advocate was asked to apologise for his stint in the Conservative Party and defence of apartheid era perpetrators as the Judicial Services Commission interviewed nominees for judges on Monday. Advocate Hennie de Vos conceded during questioning that he served as chairperson of the Waterkloof branch of the far-right CP from 1982 to 1987, a time when he said "the supposition still was that South Africa must be divided in areas where black, white and coloured are totally independent of each other". - Mail & Guardian website

Candidate judge tells of NPA 'pressure' - 20 July
A member of the National Prosecuting Authority who has been nominated as a judge told the Judicial Service Commission (JSC) today that she came under pressure from her bosses to stop serving as an acting judge or quit her job. Nomonde Mngqibisi-Thusi, who works for the NPA's Asset Forfeiture Unit, said the threat was not stated explicitly but she realised she had to choose between the bench and the unit. "It was not put to me like that but I read between the lines that I would be asked to leave if I carried on acting," she said. - The Times website

Zuma gets his way with JSC choices - 20 July
President Jacob Zuma's four chosen nominees for the Judicial Service Commission (JSC) have been appointed, prompting the DA to warn that the appointment of Constitutional Court judges later in 2009 could be politically influenced. - IOL website

Judge Hlophe

Hlophe : I'm coming back to work - 10 July
Western Cape Judge President John Hlophe has informed Minister of Justice and Constitutional Development Jeff Radebe that he intends to return to work after the current court recess comes to an end. Hlophe has been on self-imposed leave pending hearings into his conduct by the Judicial Service Commission. He faces allegations that he tried to exert improper influence on Constitutional Court judges Bess Nkabinde and Chris Jafta in a case involving President Jacob Zuma. This is the second time Hlophe has sought to return to work. After his first attempt, he was ordered to go back on leave by former justice minister Ever Surty. - Mail & Guardian website

'Africanise' SA's law? - 10 July
Cape Judge President John Hlophe said on Thursday that South Africa's legal system needs to be "Africanised", at a symposium organised by the Progressive Professional Network. Constitutional law expert and Hlophe's sometimes critic, UCT's Professor Pierre de Vos, answered a few questions about Hlophe's comments. - News24 website

Yes, we should "Africanise" our law - 13 July
Controversial Cape Judge President John Hlophe created quite a stir last week when he told a symposium in Durban that South African law needed to be "Africanised" to make it more relevant. I don’t see what the fuss is about. Clearly Hlophe has a point. - Pierre de Vos on the Constitutionally Speaking blog

The iafrica.com debate - 15 July
The controversial Cape Judge President John Hlophe recently suggested that in order for the South African judicial system to be properly transformed, it needed to be 'Africanised'. Do you agree? Ebrahim Moolla and Rebekah Kendal go head-to-head… - iafrica website

Second Judicial Conference for South African Judges. Pretoria

Resolutions

We will continue to act fearlessly : judges - 9 July
Judges have vowed not to give in to "any pressure, regardless of its source", saying they are accountable only to the constitution and the law. This follows two years of tension between the bench and new ANC leadership, including President Jacob Zuma, who once expressed his irritation with the Constitutional Court. Chief Justice Pius Langa yesterday read a declaration after the second judicial conference in Pretoria. The judges declared: "We will continue to act fearlessly and be guided by our conscience, as we are only accountable to the constitution and the law. We will not bow to any pressure, regardless of its source". - IOL website

Labour Issues

15 July 2009
Affirmative action and the elusive search for equality : speech by F W de Klerk to Solidarity's International Conference on Affirmative Action, Centurion
Politicsweb website

'Affirmative action behind social decay' - 16 July
'Unbalanced" affirmative action has led to poor service delivery, especially in municipalities, and was a threat to the country's future stability, former president FW de Klerk has warned. De Klerk said private companies were not always honest with the government about the private discussions in boardrooms about affirmative action. - IOL website

Tutu : race is not useful for anything - 15 July
Affirmative action is working against South Africa, Trevor Tutu told a conference on the issue in Pretoria on Wednesday. Tutu, the son of Nobel laureate Archbishop Desmond Tutu, said affirmative action made young South Africans bitter and they then left the country to work somewhere taking their skills with them. "What do you call it, when my daughter gets a scholarship to study and her white counterpart could not get the scholarship, based on colour". He said that 15 years into democracy South Africa could have created equal opportunities for all and that people should not be judged according to mistakes committed by their forefathers. - IOL website

Vets face same issues as doctors : forum - 14 July
State veterinarians raised the alarm over their pay and working conditions on Tuesday, saying their issues were very similar to those of public sector doctors. "The South African Livestock Industries are extremely concerned that veterinarians have been removed from the list of professions eligible for the occupation-specific dispensation," said a statement sent on behalf of Dr Peter Vervoort of the Animal Health Forum. - IOL website

Chemical, Energy, Paper, Printing Wood and Allied Industries

'This strike is going to hit hard' - 14 July
Workers in the petroleum, chemical, pharmaceutical and paper industries are preparing to strike if a wage dispute is not resolved, their unions said on Tuesday. "The clear mandate we are getting from our members across the country . . . the offer, they are rejecting it", Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu) deputy general secretary Thabani Mdlalose told a media briefing in Johannesburg. He said the union was now willing to settle for a 10 percent wage increase. - IOL website

Labour sector: construction strike, gold wage negotiations - 14 July
Interview with Andrew Levy, independent labour consultant, and Alec Hogg on the Moneyweb website

Chemical workers set to strike - 16 July
A union representing workers in the energy, paper and pharmaceuticals sectors said on Thursday it plans to start a strike next week after wage negotiations with employers failed. The Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (CEPPWAWU) said the supply of fuel, medicine and pulp would potentially be affected by the industrial action. - IOL website

Construction

Union optimistic about 2010 wage talks - 14 July
The National Union of Mineworkers (NUM) is "optimistic" about Tuesday's talks to end the strike in the construction sector. NUM spokesperson Lesiba Seshoka said the parties were "very close" to reaching agreement. "The ball is in the employer's court and if they play ball we'll have an agreement ; we'll sign," Seshoka said. - Mail & Guardian website
Keyphrase :
2010 FIFA World Cup

Unions issue SABC with ultimatum - 14 July
The South African Broadcasting Corporation's management body has two days to meet the 12,2% salary increase demand by unions or there will be dead air on the corporation’s television and radio channels. - Mail & Guardian website

NUM : 2010 wage deal better than expected - 15 July
A wage agreement between employers and construction workers following a week-long strike at Soccer World Cup stadiums was better than expected, the National Union of Mineworkers (NUM) said. "It is a very good agreement for labour. We hope our members are going to be excited," said NUM spokesperson Lesiba Seshoka. The agreement was made in the early hours of Wednesday morning. - Mail & Guardian website

The true cost of wage hikes - 17 July
Above inflation wage hikes are making our construction players uncompetitive the July 16 SAFM Market Update reinforced. Mike Wylie, executive chairman of Wilson Bayly Holmes-Ovcon, said the big issue for the industry is : "we at Safcec, whom it was negotiated with, represent about 20% [of the market], so if we have to have a whole lot of these rates [hikes], etc, we make ourselves uncompetitive". - Moneyweb website

Mining

Unions snub new gold sector wage offer - 14 July
Workers in South Africa's gold sector rejected the latest offer for a pay raise of between 8% and 10% and vowed to soon escalate the dispute, the National Union of Mineworkers (NUM) said on Tuesday. - Mail & Guardian website

Union, De Beers agree on 9% wage hike - 17 July
South African workers at De Beers, the world's top diamond producer, have agreed to a pay rise of 9% and dropped a demand for more because the industry has been hit by the global crisis, their union said on Friday. The National Union of Mineworkers, South Africa's biggest mining union, had originally wanted 15%. That compared with the most recent inflation figure of 8%. - Mail & Guardian website

South African Broadcasting Corporation (SABC)

Unions reject SABC wage offer - 14 July
SABC workers on Monday rejected the latest wage offer made to them by the broadcaster, the Media Workers' Association of South Africa said. Mwasa general secretary Ernest Dlamini said the SABC's latest offer included an increase of between 9,25% to 10,25%, according to different salary scales. However, he said : "They [SABC workers] want their 12,2%". - Mail & Guardian website

Land Affairs and Property

The Zimbabwe-ification of South Africa? - 16 July
The dilapidated state of infrastructure and widespread poverty are the results of the destruction of property rights and the rule of law by the government of Zimbabwe. Yet South Africa's new Minister of Land Reform and Rural Development, Gugile Nkwinti, clearly has not been to Zimbabwe in recent years. Speaking in parliament late last month, he announced that the ANC government would scrap its current "willing buyer willing seller" land redistribution policy, which allows the government to acquire land only at a market price and only with the consent of the land owner, and replace it with "less costly, alternative methods of land acquisition." The new policy will almost certainly include some form of land expropriation that could spell disaster for the South African economy. - Wall Street Journal website

Stones and rubber bullets fly on Cape peak - 15 July
Police fired rubber bullets at about 100 stone-throwing people who were demonstrating against the auction of a mountain peak in Hout Bay on Wednesday morning. Inspector Tanya Lesh said the protest started at 10am when the group gathered on top of the Sentinel mountain peak above Hout Bay. - IOL website

Stun grenades fired at Hangberg protesters - 16 July
Police fired pepper spray, stun grenades and rubber bullets at enraged residents of Hangberg in Hout Bay who had gathered outside the Chapman's Peak Hotel to protest the auctioning off of Hout Bay's famous peak, the Sentinel. In the end, the auction on Wednesday failed to yield a single adequate bid, amidst a frantic standoff between police and protesting residents who said the mountain was a heritage site and "belonged to the community". The residents were concerned that the new owners may decide to move them off the land. - IOL website

Iconic Sentinel might be expropriated - 17 July
SA National Parks (SANParks) may expropriate the Sentinel, a Hout Bay icon it believes should form part of the Table Mountain National Park. It will also "strongly oppose" any move to build new access roads across its land to reach the Sentinel, which is surrounded on all sides by the national park. These two factors, and the violent protest on Wednesday by members of the local community opposed to the sale of the Sentinel, are likely to make prospective buyers hesitant about becoming the new owner of the mountain peak. - IOL website

R30m property shocker : Old Mutual unrepentant - 14 July
Old Mutual's property group decision-makers are standing by a decision that cost policyholders R30m. Rather than selling a building to the highest bidder, Old Mutual offloaded it to a lower bidder - which in turn sold it for a juicy profit to the highest bidder. Old Mutual cited "competitive" reasons to Hyprop at the time it rejected an offer of R120m for Nedbank Gardens, in Johannesburg's Rosebank, but Hyprop then bought a big share in the building from the successful buyer. But Old Mutual's message when asked to explain its decision was along the lines of this : Policyholders should be grateful the property was sold at a profit - albeit a dramatically lower one - and that therefore this was not a problematic investment deal. - Moneyweb website

Old Mutual's R30m property clanger : and more - 14 July
The saying goes that no-one looks after your own money like you do. Old Mutual, it seems, forgot that the money it has to play with is not its own when it refused to sell Johannesburg's Nedbank Gardens to the highest bidder, Hyprop, because of real estate industry politics. Instead, it sold the property to another party for less - and that company in turn offloaded 70% ownership of the building to Hyprop, making money in the deal. - Moneyweb website

Bid to set up lodge hindered by inefficiency - 16 July
Simon Shoyisa's ordeal in trying to establish a tourist lodge in KwaZulu-Natal highlights the plight of thousands who cannot get capital for commercial ventures because of the government's failure to reform land ownership rules in communal areas. State inefficiencies in reforming land ownership in communal areas have long been cited as an obstacle to development in some of SA's most impoverished rural areas. - Business Day website
Keyphrases :
Communal Land Rights Act
Department of Land Affairs
Department of Public Works
Department of Trade and Industry
Ezemvelo KZN Wildlife
Free Market Foundation
Hluhluwe-Umfolozi
Ingonyama Trust Board
Ithala

Neighbours in high wall spat - 17 July
A Scottburgh woman who cannot use her car to leave her property because a neighbour has built a wall in front of her driveway gate, has appealed to the municipality for urgent intervention. Brenda Hayle, 64, of Clansthal has been using the driveway to enter and exit her property for 25 years. This stopped on Tuesday last week when the wall went up resulting in a feud between Hayle and neighbour 55-year-old Avlon Clopper. - IOL website

Diepsloot : bad news for shack dwellers - 14 July
Residents of Diepsloot township, north of Johannesburg, have been told that they must move and make way for a development from which they might never benefit. Gauteng housing MEC Kgaogelo Lekgoro said yesterday that at least 320 families living in Diepsloot Extension 1 would be moved to the nearby Adelaide Tambo informal settlement, in Diepsloot Extension 12, to make way for the development of low-cost housing and a sewerage system. But the families told to move have not been promised new housing. - The Times website

Land Claims and Expropriation

Mthatha subject of huge land claim - 18 July
A rural community has laid claim to the whole of Mthatha in the Eastern Cape. All property sales, leasing, rezoning and development have been put on hold in the city pending the claim, worth billions of rands. But city bosses say they are taking the battle to court. The massive claim , found to be legitimate after a decade-long investigation by the Land Claims Commission, covers existing residential and commercial plots and more than 3000ha of vacant land earmarked for development. - The Times website

Land Bank

Bad debt threatens Land Bank's survival - 13 July
The embattled state-owned Land Bank has already repossessed 25 farms around the country, of which six are black-owned properties, used as collateral against farm loans. The rest of the farmsteads had belonged to white commercial farmers. Parliament's agriculture, fisheries and forestry committee has called on the government to forge ways of saving a further 350 black emergent farmers who are in trouble and are costing the Land Bank about R100 million a month - or R1.2 billion a year - on loan defaults. The bank has warned that this is unsustainable. - Business Report website

Land Bank skeletons kick up debate in Parliament - 14 July
An angry war of words erupted between Deputy Finance Minister Nhlanhla Nene and the DA in Parliament yesterday over what the opposition party described as an attempt by Nene to protect senior officials involved in alleged corruption at the Land Bank. Nene stirred the hornet's nest last week when he told MPs that Land Bank chief executive Phakamani Hadebe should be given "political protection" from Land Bank fraud suspects. It is estimated that the bank has wasted about R2 billion on projects that were outside of its mandate or simply illegal. - Business Day website

Net closing in on former Land Bank executives - 12 July
Senior former Land Bank executives and a former Gauteng politician will be arrested this month on charges of corruption, MPs have been told. The revelation comes two years after auditors hinted at massive corruption at the bank, which is responsible for helping emerging farmers. - IOL website

Land Bank : what state is it in? - 14 July
Parliamentary Monitoring Group report on the presentation by the Land Bank on its turnaround strategy to the parliamentary committee on agriculture, forestry and fisheries, July 9 2009
Politicsweb website

Media

Against the current on the boat of an old mining boss - 8 July
To visit Graham Boustred is to go back in time. It doesn’t appear that way at first, however. Just as my two colleagues and I pull up outside the former Anglo American deputy chairman's home, he arrives in his silver Lexus SUV, driving himself back from the dentist. Although 84 and suffering from arthritis, the man who retired only 12 years ago is immediately full of talk and life. - Business Day website

Anglo's former deputy chairman's comments - 15 July
Interview with Clive Simpkins, marketing and communications strategist and Alec Hogg on the Moneyweb website

On the morality of Boustred bashing - 15 July
Jeremy Gordin on the Moneyweb website

Minerals and Energy

Zuma pours cold water over mines grab - 12 July
South African President Jacob Zuma said he did not intend to nationalise the country's mines, as suggested by labour unions that support his government. "People should not worry," Zuma said this week after a summit of world leaders in L'Aquila, Italy. "It is just a debate. Just because someone raises it does not make it policy." - Business Report website

Zuma, Shabangu agree on mines - 13 July
President Jacob Zuma and Mining Minister Susan Shabangu have poured cold water over calls for the country's mines to be nationalised. Though both have encouraged debate on the issue, they have unequivocally said that such calls run contrary to policies adopted by the ANC since 1994. - The Times website

Will South Africa reclaim its mines? - 14 July
Nationalisation of the mines is a cry that goes echoing down South Africa's history. For this country is built on its mines - even today, they account for a good half of exports, let alone foreign exchange, for this is perhaps the most fabulously endowed nation on the planet. Gold, diamonds, platinum, copper, coal, rhodium - you name it, South Africa's got it. - Mail & Guardian website

SA's nationalisation talk creating investor shivers : Canada-SA Chamber - 15 July
Talk of the nationalisation of South Africa's mining industry was creating shivers in the international investment community despite the rebuttal of the South African government, Canada-South Africa Chamber of Business president Bruce Shapiro said on Wednesday. Shapiro told the Terrapinn African Mining Congress in Johannesburg that it was important to note that Africa faced competition from other regions, notably South America, and, at the moment to a much lesser extent, Russia. "The competition is mostly in the political arena", Shapiro said, adding that several African governments had, of late, been talking about, or actively implementing, policies that could drive away investors. - Creamer Media's Mining Weekly website

Simmers pulls out of Pamodzi Gold's Orkney bid, focuses on Weltevreden - 13 July
JSE-listed gold-and-uranium miner Simmer & Jack Mines (Simmers) on Monday announced formally that it had withdrawn from the reopened bidding process for the acquisition of the assets of the provisionally liquidated Pamodzi Gold's Orkney mine. Simmers MD Deon van der Mescht said that Simmers had decided instead to focus its growth efforts on the development of Weltevreden, a low-cost, low-risk project next to its Tau Lekoa mine. - Creamer Media's Mining Weekly website

See also : Competition Commission, Tribunal and Appeal Court. Xstrata / Anglo American

Mpumalanga

Government responsible for violent protests - 14 July
Violent protests in Mpumalanga can be blamed on the provincial government's failure to respond to community problems, Cooperative Governance and Traditional Affairs Minister Sicelo Shiceka said on Tuesday. The minister said there was proof of letters written to the previous provincial government about municipalities' lack of service delivery but nothing had been done to address them. He said a team made up of senior government officials from his department will go to Mpumalanga to work with the provincial government to find solutions to the problems that had led to violent protests. - IOL website

Municipal Management and Procedure

Cape Town

City's anti-land invasion unit to stop land grabs - 20 July
The City of Cape Town has set up an anti-land invasion unit (ALIU) to stop people attempting to illegally occupy land which has been identified for housing people on the City's housing waiting list.  - City of Cape Town website

eThekwini

No rates appeals board yet - 19 July
About 5 000 Durban ratepayers may be paying inflated rates bills because their properties were incorrectly valued by eThekwini Municipality more than a year ago. And now that the increases for the 2009/10 year have come into effect, these ratepayers will be paying even more. This while the property appeals board for the eThekwini metro region has yet to be established, despite assurances that it would be operating by July 1. It appears unlikely the board will be in place before September. - IOL website

Take the wheel, Durban, says SACP -15 July
The South African Communist Party (SACP) in KwaZulu-Natal has slammed the ANC-led eThekwini Municipality for what it called the incompetent and insensitive handling of the issue of the city's bus system and the Warwick precinct development. - IOL website

New bus company to operate on KZN routes - 13 July
KwaZulu-Natal’s transport department has confirmed that Transnat Africa has been appointed the new operator of eThekwini's municipal bus service, bringing relief to thousands of stranded commuters in and around Durban. The more restricted new operation will not take all the routes that previously served the municipality. Transport MEC Bheki Cele said about 100 buses would be operating by next Monday. - Sowetan website

Taxis poised to take stake in bus deal - 9 July
The lucrative contract to run the Durban Transport bus service has been split into two, with a group of taxi operators poised to take a 40 percent stake in the deal, insiders have confirmed. - IOL website

Durban buses are in turmoil again - 16 July
Durban's municipal bus service is in turmoil again after hundreds of drivers marched on the city hall yesterday demanding that the newly appointed operator employ all workers retrenched by its predecessor. The laid-off bus workers, mostly members of the Transport and Allied workers Union (Tawusa), threatened "mass-scale disruption of the new service" unless the new operator, Transnat Africa, took on all the drivers employed by the previous company. - Sowetan website

'If they want blood then blood will spill' - 16 July
There was a tense three-hour stand-off between police and thousands of protesters, including disgruntled bus drivers, outside the Durban City Hall yesterday as marchers demanded the appointment of a commission of inquiry to investigate the collapse of the city's bus company. Wednesday's protest has raised questions over whether the new bus company will be able to start operations on Monday as planned. - IOL website

Durban bus saga hits new pothole - 20 July
Thousands of Durban pupils were left stranded on Monday morning as a new bus operator was unable start rounds as scheduled due to a legal challenge. The Mercury newspaper reported that about four operators applied for an interdict against the eThekwini municipality and the provincial department of transport, preventing the transfer of the Remant Alton contract to Transnat. Transport department spokeswoman Nonkululeko Mbatha confirmed that there was a legal challenge, saying that the department would comment later on Monday after the Pietermaritzburg High Court had heard the matter. - The Times website

National Prosecuting Authority

Directorate for Priority Crime Investigation (DPCI) (formerly Scorpions)

Hawks ready to smash illegal mine syndicates - 14 July
South Africa's crack new special investigations unit, the Hawks, is set to take on illegal mining syndicates as part of their fight against crime. It is understood that the new unit has prioritised rooting out the gangs – also known as zama-zamas – following the death of 86 illegal miners, killed in an underground fire in an abandoned mine shaft on Harmony Gold's Eland operation in Welkom, Free State, in May. The syndicates have been operating mainly in hazardous disused mines since the late 1990s and are believed to cost mining companies millions, as well as being a major threat to the SA economy. - Dispatch Online website

Hawks spark political rumpus - 13 July
Hardly a week after the launch of the Hawks, their claim of having snatched prey has sparked a political rumpus, with the Police Ministry dismissing the police's admission that the new unit was a one-man show. There is doubt about whether the claws of the Hawks are as effective as the sting of the Scorpions, as the opposition DA demands answers about who caught the criminals. But Ministry of Police spokesperson Hangwani Mulaudzi has accused critics of "conspiracy". - IOL website

Hawks fully staffed only in a year's time - 16 July
The police on Wednesday conceded it could take a year before the Hawks had a full staff complement, after the DA insisted that commander Anwa Dramat was still the only member of the elite unit. Police spokesperson Sally de Beer said members of the defunct Scorpions and the police who had applied to join the new organised-crime-fighting unit that "were all still awaiting finalisation" of their clearance process. De Beer would not comment on how many members had formally joined the unit since its launch on July 6, saying only that "within 12 months it will be 3 500-strong". - IOL website

SAPS to inherit Scorpions' liability - 16 July
Along with cases, the SAPS has also been saddled with about R250-million of the Scorpions' liability. National police spokesperson Hangwani Mulaudzi said that the Scorpions's investigative assets and liabilities were audited in February, and had been transferred to the SAPS. - IOL website

See also : No bonuses for civil servants

Nelson Mandela Annual Lecture in Johannesburg (7th : 2009 : Johannesburg)

Grameen founder takes aim at conventional banks - 12 July
Following the global financial crisis, conventional banks have lost a trillion dollars, yet they are still not in favour of lending to the poor, Nobel Peace Prize winner Muhammad Yunus said on Saturday. The banker and economist was delivering the seventh Nelson Mandela Annual Lecture in Johannesburg. - Mail & Guardian website

A 'race to create a fantasy world of papers' - 11 July
Following the global financial crisis, conventional banks have lost a trillion dollars, yet they are still not in favour of lending to the poor, Nobel Peace Prize winner Muhammad Yunus said on Saturday. The Bangladesh banker and economist was giving the seventh Nelson Mandela Annual Lecture in Johannesburg. - IOL website

Parliament

COPE MPs refuse to move for Winnie and Manto - 14 July
A legal battle is looming between two Congress of the People (COPE) members and the Department of Public Works, Minister Geoff Doidge said on Tuesday. He said the two, Dennis Bloem and Bishop Tolo, were refusing to move out of houses allocated to ANC MPs at the parliamentary village. "Legal notices were served on July 6 and on July 9 they opposed it. We are now heading to court". - IOL website

Presidency

Outcry over Zuma's presidential home - 11 July
Bullet-proof electric fences, motion and smoke sensors, watch dogs and police on quad bikes are just some of the multi-million rand security measures being put in place in an upmarket Durban suburb for President Jacob Zuma - within walking distance of his friend and erstwhile financial adviser Schabir Shaik. At least R50 million is being spent on a 4-m high metal inner fence. King's House, in Morningside Durban, is a stately 106-year-old house that was once used by the governors of the colony of Natal and governors-general of the Union of South Africa. It now forms part of the Department of Public Works prestige accommodation for the country's head of state. It is one of three official residences for the president in the country, after Genadendal in Cape Town and Mahlamba Ndlopfu in Pretoria. - IOL website

'No apologies' for R46m spent on Zuma's house - 14 July
Taxpayers are to foot R46-million for the refurbishment and renovation of King's House, a presidential house in KwaZulu-Natal. And the Minister of Public Works - whose ministry is responsible for the work done on the house - said the project had been in the pipeline for a number of years - and project was unrelated to Jacob Zuma's presidency. - IOL website

14 July 2009
Response to reports on the refurbishment of Kings House and allocation of accommodation to members of Parliament
SA Government Information website

Provinces

Scrapping the provinces a bad idea : Helen Zille - 10 July
The debate on the future of the Provinces has been simmering on the backburner since July 2007, when the Minister responsible for Provincial and Local Government Affairs, Sydney Mufamadi, announced a comprehensive "review" of the Provinces and their role. As soon as the ANC lost the Western Cape to the DA on 22 April this year, the issue acquired a new urgency.  Turning up the heat, Minister Sicelo Shiceka (who succeeded Mufamadi) asked :  "Do we need provinces?"  South Africa is one country, he said . . . and "nobody is expected to be out of tune".  Shiceka announced that the ANC would decide on the future of the provinces by March 2010. - Politicsweb website

Social Development

'Give us a basic grant of R1 500 or we'll wreak havoc' - 17 July
A group representing the unemployed in KwaZulu-Natal has threatened to set townships alight and unleash an army of looters on shops unless all jobless people received a basic income grant of R1 500 a month. National spokesperson for the SA Unemployed People's Movement, Nozipho Mteshana, said a survey the group commissioned had uncovered more than 26million unemployed people in South Africa, more than half of the population. The figures had gone up recently because of job losses from the economic meltdown. "We give our government and eThekwini municipality, which is our focus at this point, seven days to give us answers". The group has handed the municipality a memorandum of their grievances. - Sowetan website

Sport and Recreation

CSA bars International matches at Wanderers - 11 July
Cricket South Africa have suspended international cricket at the Wanderers after accusing the Gauteng Cricket Board (GCB) of making unfounded allegations of mismanagement against CSA chief executive Gerald Majola. The GCB, unhappy at Majola's handling of the Indian Premier League (IPL) tournament which was staged in South Africa in April and May, accused Majola of a "flagrant disregard of his duties" and demanded to see a copy of the contract between the CSA and the IPL. - IOL website

AfriForum welcomes SARU's decision that Bok coach must speak Afrikaans -  20 July
AfriForum has welcomed the announcement of SARU President, Oregan Hoskins, that the Springbok coach, Peter de Villiers, henceforth has to speak Afrikaans during media conferences. According to AfriForum, this not only is a way in which controversial statements by the coach may be avoided in future, but it also is a positive step towards the promotion of mother-tongue usage and multilingualism in the country. - The Richmark Sentinel website

Taxation Law

South African tax dodger jailed - 20 July
A businessman has been sentenced to 10 years behind bars for 235 counts of fraud involving a R250 000 tax claim, the National Prosecuting Authority in the Western Cape said today. Deon Buys appeared in the Bellville Regional Court on Friday and was sentenced to 10 years' imprisonment, of which seven were suspended. Head of the Western Cape Specialist Component, Advocate Kevin Rossouw, said he hoped the sentence would serve as a deterrent to other criminals. - The Times website

Sars goes after estates - 15 July
The draft Taxation Laws Amendment Bill, 2009, released recently for public comments, contains two significant estate duty amendments. The first constitutes a concession, while the second is an anti-avoidance provision.  The proposed concession relates to the R3.5m abatement allowed in calculating the dutiable value of any estate.  In terms of current law, spouses are each entitled to the abatement, but unused portions may not be transferred between them.  The draft explanatory memorandum to the draft bill recognises that many married couples utilise structures, such as trusts, to ensure that the benefit of the total R7m abatement is passed on to their children.  - Article by Tim Desmond, director of tax and commercial departments at Garlicke & Bousfield, on the Moneyweb website

"Pay now - argue later" - 16 July
The draft Taxation Laws Second Amendment Bill, currently being considered for submission to Parliament, proposes amendments to section 88 of the Income Tax Act and section 36 of the Value-added Tax Act which stipulate that the payment of any tax assessed shall not be suspended by any objection or appeal. - Moneyweb website

Penalties imposed on a taxpayer : treble tax and interest - 13 July
The Income Tax Act, Act 58 of 1962, as amended, imposes various penalties on a taxpayer for default, omission, error or the late submission of tax returns. Section 75 creates various offences under the Act, for example, if a taxpayer submits a late return , fails to register as a tax practitioner for the relevant year of assessment, fails to submit any return or document so required or defaults in a material sense as is envisaged by that section. The regulations under section 75B have now been promulgated which allows the taxpayer to request a remission of the administrative penalties imposed under section 75B but this does little to ameliorate the additional tax and interest that may be imposed under section 76 and section 89quat respectively. - Moneyweb website

Trade and Industry

SA faces Doha Round 'challenge'  - 13 July
South Africa faces major challenges when the stalled Doha round of trade talks finally get back on track, according to Xavier Carim, the deputy director-general for international trade. Carim said at the weekend that South Africa stood to make "the deepest and widest cuts to its industrial tariffs of all member countries" under current demands on the Doha table. - Business Report website

Cosatu slams 'anti-developmental' Doha trade negotiations - 16 July
The Congress of South African Trade Unions (Cosatu) on Thursday said that the current Doha development round of negotiations regarding world trade, were anti-developmental, would remove policy space for poor countries to integrate into world trade, and would result in job losses. "Cosatu notes with dismay the commitment of the recent G8 summit to conclude the Doha round of world trade negotiations in 2010 without addressing the concerns of developing countries", stated the organisation. - Creamer Media's Engineering News website

See also : Botswana signed controversial deal with EU to protect its commercial interests

Transport and Roads

State asked to withdraw Roadlink's licence - 14 July
The SA Transport and Allied Workers Union (Satawu) has asked the government to withdraw SA Roadlink's operating licence pending an in-depth investigation into its fleet, staff and management. The independent and wide investigation into all aspects of the company should include site visits to depots and interviews with staff. Transport Minister Sibusiso Ndebele has said there will be an investigation in conjunction with the SAPS. - IOL website

Bus company ignores safety protocols : union - 9 July
Passenger safety is not a priority for SA Roadlink managers, the Transport and Omnibus Workers' Union (Towu) claimed on Thursday. Drivers were forced to drive for long hours without taking time to rest, the union's secretary-general Gary Wilson said in a statement. - IOL website

Miscellaneous

Mandela disowns a London exhibition - 11 July
Nelson Mandela has distanced himself from a London exhibition of disputed lithographs bearing his signature, his lawyer said Friday. Bally Chuene said the Belgravia Gallery had scheduled a party and exhibition of artwork purported to be drawn by Mandela for Thursday - two day's before the elderly statesman's 91st birthday. He said the artworks were part of ongoing litigation between Mandela and his former lawyer in South Africa. "He (Mandela) did not sign those artworks," he said. "It is important to tell the public that they are being deceived". - AP on Google website

Mandela upset by exhibit of sketches - 11 July
Speaking through his lawyers on , Mandela, who turns 91 next Saturday, said he "strongly disassociates himself" from the Belgravia Gallery's planned party and exhibition organised for Thursday. In 2008 Mandela launched legal action against the gallery, saying the artworks were fake and that money raised from the sale had not gone to charity as was agreed. - IOL website

See also :

Legal wrangle over Mandela's drawings - 23 July 2003
Mail & Guardian website
[InfoUpdate 26 of 2003]

New twist to Ayob, Madiba tussle - 13 June 2006
IOL website
[InfoUpdate 23 of 2006]

'Ayob tried to cover up unlawful spending' - 8 July 2006
IOL website
[InfoUpdate 27 of 2006]

Ayob runs out of cash but accuses Mandela again - 10 March 2007
allAfrica website
[InfoUpdate 8 of 2007]

http://en.wikipedia.org/wiki/Ismail_Ayob#Nelson_Mandela_lawsuit 

Official fired over Merc scandal - 17 uly
The woman who cost Gauteng MEC Nomantu Nkomo-Ralehoko her job has been fired. Mamoorosi Qasha, chief financial officer of the Gauteng Department of Agriculture and Rural Development, authorised the bungled purchase of a secondhand Mercedes-Benz worth R920 000 for the newly appointed MEC last month. Qasha was found guilty of committing fraud amounting to millions of rands. Two weeks ago, she was served with a letter of dismissal when it emerged that she had authorised and processed two payments for the purchase of Nkomo-Ralehoko's Mercedes. - IOL website

MTN competition 'unlawful' - 14 July
The National Lotteries Board has found that the recent controversial MTN SMS competition is in contravention of the Lotteries Act. MTN terminated the competition ahead of schedule earlier this month, because the controversy surrounding it was not "in line with its values", it said. Africa's largest cellular company processed the last entries a month early, as the competition was initially intended to run until 9 August. MTN launched the competition at the end of April to celebrate its 15th birthday and it has since been dogged by controversy. - Moneyweb website

MTN competition : subscribers fuming - 25 June
Subscribers have reacted with anger to the news that the winners of an MTN competition allegedly knew the rankings of players. Independent Newspapers' website, IOL, on Wednesday received numerous comments about the competition with many readers wanting their money back. Banking giant FNB has also told the Pretoria News that it pulled its sponsorship of the MTN15 competition one week before the paper exposed the alleged team of winners who knew how many SMSes they needed to send to win the game. -
IOL website

Did you get your share of R6-million? - 7 July
A controversial quiz-based SMS competition run by cellphone giant MTN has been closed more than one month ahead of schedule. The MTN15 competition, run to celebrate the cellphone provider's 15th birthday, closed down abruptly on Sunday. The competition was due to close on August 9. Last month The Star reported that winners who walked away with a Toyota Fortuner knew exactly how many SMSes they needed to send to win the vehicle. MTN denied the allegations, saying they had done an internal audit which came out clean. -
IOL website

MTN stops SMS competition - 7 July
Bad press and consumer backlash prompts MTN to wind up SMS competition. MTN launched an SMS competition to celebrate its 15 year anniversary in late April, which the cellular operator said was skills based and hence complied with the
Lottery Act. While the competition may have proved profitable to the company, the high cost of entering the competition - R 7.50 per SMS - and the fact that multiple entries were encouraged were slated by concerned consumers. - MyBroadband website

SA drug mule jailed in Ireland - 14 July
A Cape Town woman has been sentenced to seven years behind bars after trying to smuggle drugs into Ireland. This brings the total number of South Africans in Irish prisons to at least 11 - many for drug-related crimes. Bianca Butzer, 22, of Durbanville, was caught arriving through customs at Dublin Airport with a kilogram of cocaine in her hand luggage last year. And after a year behind bars awaiting trial, she was finally sentenced last week. - IOL website
Keyphrase :
Drug smuggling

Irish judge warns SA drug mules - 14 July
An Irish judge has sounded a warning to South African drug mules by jailing a Cape Town woman for five years for trying to smuggle cocaine into that country. This brings the number of South Africans in Irish prisons to at least 11 - many for drug-related crimes. The total of South Africans in prisons abroad is now estimated to be 1 009. -
IOL website

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