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

24 July 2009

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

InfoUpdate 16 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

Animal Rights

Two held for pit-bull attack on baboon - 22 July
Two men have been arrested and face charges of animal cruelty for allegedly allowing their two pit-bull dogs to attack a 20-year-old baboon in full view of dozens of onlookers in Kommetjie. The male baboon, named Eric and probably the best-known of all the Peninsula's 400-odd baboons, is in a serious condition with wounds to his neck and the lower part of his body. It is alleged that before the men let their dogs off their leashes, they goaded them, telling the dogs to "get him, get him". Eric was the leader of the Kommetjie baboon troop for many years until he was ousted by a younger, stronger male. "There are quite a few eyewitnesses and they have provided us with affidavits," Dalton Gibbs of the City of Cape Town's nature conservation department said. - IOL website

Will Eric recovery after vicious attack? - 24 July
The condition of Eric, the "gentleman" baboon who was attacked by two pit-bull dogs in Kommetjie earlier this week, is unchanged and he remains in a serious condition. - IOL website

See also : Kwazulu-Natal High Court : Pietermaritzburg

Black Economic Empowerment

KwaZulu-Natal's BEE ombudsman to tackle fronting - 24 July
Ror those businesses that think they can fudge empowerment, KZN Economic Development and Tourism MEC Michael Mabuyakhulu warned "our government will leave no stone unturned in exposing acts of fronting" under the pretext of broad-based black economic empowerment (BEE). The province previously announced its intention to appoint an ombudsman to deal with broad-based BEE. Without supporting legislation, the role of the ombudsman, it seems, would be limited to an investigator. Nevertheless, the office will still be set up ahead of the legislation and until a legal framework is in place any action would be referred to the relevant agency. - Business Report website

Broadcasting Complaints Commission

Sizzlers broadcast appeal starts - 23 July
A Broadcasting Complaints Commission tribunal was meeting in the city on Thursday to hear how a programme on e.tv's 3rd Degree about the Sizzlers massacre horrified the families of the young men killed in the attack. In the documentary, broadcast in March, the channel aired crime scene footage of the murders, which took place in a gay massage parlour, during a 3rd Degree programme broadcast. Marlene Visser, whose son Warren was among the victims, complained to the commission that the documentary had been too graphic. - IOL website

Civil Unrest

Protesting minority cause majority despair and fear - 23 July
Protests over service delivery are breaking out anew every day. Last week it was Diepsloot, this week the protests have hit Balfour in Mpumalanga and Thokoza in Gauteng. Most alarming has been new evidence of xenophobic violence in the Balfour protests. - The Times website

State will not tolerate violent protests - 23 July
South Africa's government will crack down on violent protests which erupted this week over delivery of basic services, a cabinet minister said on Thursday. "We are not going to allow anybody (to) use illegal means to achieve their objectives. We are saying this is a government that has been elected democratically, anything that is done must be done within the law and the constitution," Cooperative Governance Minister Sicelo Shiceka said on Talk Radio 702. - IOL website
Keyphrases :
Siyathemba

Government probes protests - 24 July
As violent service delivery protests continued to rock parts of South Africa on Thursday, the government released the first findings of a probe into such action. "[A] lack of responsiveness to issues raised by communities," was one of the findings in a preliminary report into the cause of recent protests in Mpumulanga, which was released on Thursday. Co-operative Governance and Traditional Affairs Minister Sicelo Shiceka sent a task team to compile the report on the province last week, which had seen violent and xenophobic protests. - iafrica website

Criminal elements 'fuel Gauteng protests' - 23 July
Community concerns over service delivery were being hijacked by "criminal elements", fuelling the protests in Gauteng, the provincial government said on Thursday. "The executive noted that protests in Gauteng were limited to a few isolated areas, that they were instigated by interest groups and that the reasons for them varied depending on the area. - Mail & Guardian website

24 July 2009
Ministerial task team on service delivery protests in Mpumalanga presents preliminary report
SA Government Information website

Balfour protesters in dock - 24 July
A group of protesters facing public violence charges was released on free bail in the Balfour Magistrate's Court on Friday, Mpumalanga police said. - IOL website

Zuma vows help for SA townships - 24 July
South Africa's President Jacob Zuma has promised to deliver better services, such as water and housing, in a bid to end township protests this month. But he warned that there could be no justification for violence. Mr Zuma also urged understanding from council and other workers threatening to strike for higher wages. - BBC News website

Looting sprees to continue - 23 July
Protesters behind the looting of two Durban supermarkets have pledged to continue targeting food retailers to highlight their hunger and desperation. One of the supermarkets has announced, in the wake of surprise invasions on Wednesday which saw 94 people arrested, that it would pursue prosecutions in each and every case. - IOL website

Looting of shops 'tip of the iceberg' - 23 July
The leader of a group of unemployed people said the looting that occurred in Shoprite and Pick n Pay stores in Durban was only the beginning, adding that more stores would be targeted. - IOL website

Journos barred from looting case - 23 July
Reporters were on Thursday barred from attending the case of 90 people arrested for looting shops in Durban. The first appearance of SA Unemployed People's Movement members was held in the basement of the Durban Magistrate's Court. The movement's spokeswoman Nozipho Mteshane said members of her organisation would ask for free bail and deny the charge of theft, stemming from Wednesday's spree that took in Shoprite Checkers and Pick n Pay outlets. "We were not stealing. We were just demonstrating. Taking food from the shops was a way of showing government that unemployed people are hungry. We will make sure that the soccer world cup is spoiled if our demands are not met". - IOL website

Ninety released after Durban looting - 23 July
Ninety people arrested for looting shops in Durban were released on warning by the Durban Magistrate’s Court today. They will appear in court again on August 28. The matter was postponed to give investigators enough time to investigate further. - The Times website

Basic income grant 'not affordable' - 23 July
KwaZulu-Natal premier Zweli Mkhize shrugged off suggestions of introducing a basic income grant, saying this would bankrupt government as it did not have available funds. "It is not affordable, it's is not something that we are considering implementing as it would bankrupt government", he told media in Pietermaritzburg today, following a looting spree in Durban yesterday. Ninety people from the SA Unemployed People's Movement were arrested for looting Shoprite Checkers and Pick n Pay outlets. Mkhize slammed the protesters' actions as inconsistent with democratic practices. Instead, he listed activities in which income could be generated, including engaging in small business activities. - The Times website

Communications

De Lille wants interconnection law - 23 July
Independent Democrats party leader Patricia de Lille plans to propose a private members Bill in Parliament to resolve the interconnection issue that she claims has led to the high cost of mobile phone calls. A private members Bill is a draft law proposed by a member of Parliament who is not part of the governing party. Apart from being her party's leader, De Lille is also a member of the Parliamentary Portfolio Committee on Communications, the body that has legislative oversight of the Department of Communications and the sector. - ITWeb website

Competition chief 'shares De Lille's concerns' - 23 July
Shan Ramburuth, the Competition Commissioner, has told Patricia de Lille, the leader of the Independent Democrats (ID), that he shares her concern over the high costs of telecommunications, and has forwarded her complaint about cellphone charges to his enforcement division. - Mail & Guardian website

Auditors swoop on SABC - 22 July
A squad of state auditors moved into SABC headquarters at Auckland Park on Tuesday, launching an official forensic probe into the financial chaos at the public broadcaster amid allegations that senior executives misspent hundreds of millions of rands. The four-member team will be stationed at Auckland Park for four weeks and will work closely with audit firm KPMG. - IOL website

SABC : the wrong people for the job - 18 July
The CEO of the SABC has to combine business expertise and public service with some knowledge of the news media. One bad appointment after another led to the broadcaster’s decline and fall, writes Govin Reddy. - The Times website

Company Law

Risks trump rewards for non-executive directors - 21 July
There may be a public perception that there is significant status involved in being appointed a director of a company. However, changes to various statutes over the past number of years have made the role of director an increasingly onerous one and it is becoming questionable whether individuals will in future be prepared to accept an appointment, particularly as a non-executive director. - Business Report website
Keyphrases :
Companies Act of 1973
Companies Act of 2008
Competition Act

Dave King
Gary Porritt
Jeff Levenstein
King III
National Environmental Management Act
Regal Treasury Bank
Tigon
Value-Added Tax Act

Correctional Services

SA prisons are festering, experts warn - 24 July
Experts have warned that the country's prisons are a ticking time-bomb and have urged the government to move swiftly to address the problem of overcrowding. A senior judge, a civil society group and a trade union said on Thursday no coherent strategy existed to tackle a problem that has been festering for years. - IOL website

Criminal Justice System

Resource directory now available for victims of crime - 22 July
A resource directory, which contains the information of more than 1 500 organisations and government services in all nine provinces, is now available to help victims of crime and violence. The directory can be used as a quick resource to access specialised services for victims, court preparation and support, protection and investigation services, social services centres as well as shelters and crisis centres. It can be accessed at the national department of Social Development as well as at all non-governmental organisations working with the department. The directory will be made available to provincial social development offices soon. - BuaNews Online website

Environment

Environmental Affairs to propose basic refuse removal policy - 22 July
The Department of Water and Environmental Affairs will develop a framework for a Basic Refuse Removal Policy aimed at assisting communities that could not afford waste removal services. Speaking at the local government indaba on environment, Water and Environmental Affairs Minister Buyelwa Sonjica said that her department intended to take the policy to Cabinet for approval before the end of the year. - Creamer Media's Engineering News website

Mining threat to city beaches - 21 July
Scientists have warned that some of Durban's main tourist beaches are in danger of being washed away gradually because of rampant river sand-mining operations that supply the construction industry. Researchers at the Council for Scientific and Industrial Research (CSIR) say the problem is so serious that they recommend all sand-mining operations in Durban's rivers and estuaries should be banned "as soon as practicable" to avoid future beach erosion on the same scale as the March 2007 storm which devastated large sections of the coastline. - IOL website

Health

Motlanthe's address puts back in international HIV/Aids fold - 20 July
Deputy President Kgalema Motlanthe took a massive stride last night (19 May) towards re-establishing the South African government's credibility in the eyes of the world's AIDS scientists at the opening of the 5th International AIDS Society Conference on HIV Pathogenesis, Treatment and Prevention (IAS 2009). Motlanthe's speech was stripped of any of the denialist science that the South African government had become notorious for since the previous large-scale AIDS science meeting in Durban nine years ago, where then President Thabo Mbeki and his health minister Manto Tshabalala-Msimang cast doubts over the relevance of established mainstream HIV/AIDS science. - allAfrica website

21 July 2009
Address by the Deputy President of South Africa, Kgalema Motlanthe, at the fifth International AIDS Society Conference
eGov Monitor website

Human Rights

Parktown Boys' case put on hold - 20 July
The assault case involving 12 Parktown Boys High School pupils was postponed to August so the ages of the accused could be verified, a Johannesburg Magistrate's Court official said on Monday. -
IOL website

Statement regarding the report published in The Star - 14 July
St Benedict's website

See also :
'Pushed, teased, hit, raped' at school - 16 July
IOL website
[
InfoUpdate 15 of 2009]

South African rites - 16 July
Earlier this year, I went to the Edenvale Home Affairs office, on a strip of auto-repair shops and scrap yards northeast of Johannesburg, to book my marriage. "Same sex or opposite sex?" barked the young black woman, gold hoops in her ears to match her attitude. It took me a moment to respond. "Same sex", I said, a little too loudly, looking around to see if any of the other clerks would look up in shock, or perhaps just interest. We could have done it more easily - through a gay judge I know, for example - but I wanted to see the system work for us - New York Times website

Judicial Service Commission, and, Judiciary

Who will be our next Chief Justice? - 24 July
In the near future President Jacob Zuma will probably appoint Justice Sandile Ngcobo as our new Chief Justice. I have a high regard for Justice Ngcobo. Whether one agrees with him or not, his dissenting judgment in the Prince case (dealing with the religious freedom of a Rastafarian to use cannabis) is a work of great beauty.  And every time I read the Hoffmann judgment, in which Justice Ngcobo declared that it constituted unfair discrimination on the part of South African Airways to discriminate against Mr Hoffmann on the basis of his HIV status, I feel proud to be a South African. - Pierre de Vos on the Constitutionally Speaking blog

Ngcobo's dissenting voice won't go unheard - 24 July
When the Supreme Court of Appeal delivered a majority judgment legalising the warrants issued for the search of President Jacob Zuma's premises in his long-running battles with the prosecuting authority, it was left to the Constitutional Court to settle the matter once and for all. The highest court - on the heels of the controversy surrounding alleged attempts by Cape Judge President John Hlophe to influence their decision - delivered a majority judgment against Zuma. The only dissenting voice was that of Judge Sandile Ngcobo, who found that the search warrants obtained by the NPA for the premises of Zuma's lawyers should not have been rendered legal. At least one prominent legal academic suggested Ngcobo might have dissented to position himself as an alternative to Deputy Chief Justice Dikgang Moseneke when the time came for Zuma to choose a successor to Chief Justice Pius Langa. - Mail & Guardian website

More women now aiming to be judges - 21 July
New trends among lawyers seeking to become judges emerged at yesterday’s Judicial Service Commission interviews for appointments to the North and South Gauteng High Courts. An unprecedented number of women candidates were interviewed, but there was a paucity of advocates from the Pretoria and Johannesburg bars. In yesterday's interviews, seven of the 11 candidates were women. Only three of the candidates were advocates. - Business Day website
Keyphrases :
Advocate Brian Spilg
Caroline Nicholls
Advocate Hendrik de Vos
Nomonde Mngqibisa-Thusi
Advocate Ronel Tolmay

JSC grills 10 legal eagles - 20 July
There were no holds barred when the Judicial Service Commission interviewed 10 aspirant Gauteng judges yesterday. Allegations of racism and sexism in the legal system were made by those interviewed. And the candidates were grilled on everything from physical disabilities to their political affiliation. There is a total of six vacancies at the high courts of North Gauteng, in Pretoria, and of South Gauteng, in Johannesburg. - The Times website
Keyphrases :
Advocate Brian Spilg
Caroline Nicholls
Haseena Mayat
Advocate Hennie de Vos
Nomonde Mngqibisa

A tale of two interviews at the JSC - 21 July
When a candidate is interviewed by the Judicial Services Commission (JSC) - either for a promotion or for first time appointment on the bench - he or she must expect to field difficult questions from commissioners. But when do the questioners overstep the line by asking unfair questions not in keeping with the spirit of the process or of the Constitution? - Pierre de Vos on the Constitutionally Speaking website
Keyphrases :
Judge Frans Malan
Advocate Hennie de Vos

'There is no God' - 21 July
An Eastern Cape candidate judge has caused a stir before the Judicial Services Commission - by telling members he left priesthood for the law because he concluded there is no God. Senior Counsel Torquil Paterson told the JSC : "I left the church for a variety of reasons, chief among them being that I realised God does not exist. I am an atheist". Earlier it was put to Paterson by Eastern Cape Judge President Cecil Somyalo that he had sought to end the career of a lawyer because he was black. He denied the charge with little visible effect and finally found succour from JSC spokesman, advocate Marumo Moerane, who told fellow members the lawyer in question had in fact stolen money form various people "including myself". Transformation has been a recurring theme as the JSC interviews candidates in Cape Town over three days to fill 14 positions on the Bench. - Sowetan website

Strong words as JSC interviews for positions of judges are concluded - 22 July
Judicial Service Commission (JSC) interviews for the appointment of judges ended yesterday with transformation of the bench once again taking centre stage. The interviews for the Eastern Cape High Court saw a heated exchange between newly appointed commissioner Dumisa Ntsebeza and advocate Torquil Paterson, with Ntsebeza accusing Paterson of having a "paternalistic and patronising" attitude. Asked why senior advocates seemed reluctant to apply for judicial appointment, he said there was reluctance on the part of white people "because of the reaction I've had here this morning. They don't want to put themselves through it". - Business Day website
Keyphrases :
Advocate Ashley Binns-Ward
Advocate Patric Gamble

More grilling of JSC candidates - 22 July
The Judicial Service Commission continued its grilling of candidates for positions on the judiciary, which included more quirky question-and-answer sessions in Cape Town yesterday. - The Times website
Keyphrases :
Advocate Ashley Binns-Ward
Advocate Torquil Paterson
Elizabeth Baartman

JSC ends judges selection process - 23 July
As calls mount for South Africa's Judicial Services Commission to hold its investigation into the alleged conduct of Western Cape Judge President John Hlophe in public, others are also calling for the commission to ensure that interviews for prospective judges are made easily accessible to the public. The JSC has just ended its selection process for those who want to become judges. - SABC News website

21 July 2009
Response to article of the National Prosecuting Authority (NPA) threatening acting employees
SA Government Information
website
Keyphrase :
Nomonde Mngqibisa

See also :
Candidate judge tells of NPA 'pressure' - 20 July
The Times website
[InfoUpdate 15 of 2009]

Judge Hlophe

Hlophe to get closed JSC inquiry - 21 July
The Judicial Service Commission (JSC) has opted for a closed inquiry into the dispute between Western Cape Judge President John Hlophe and the Constitutional Court judges, Business Day reported on Tuesday. The commission will conduct a "preliminary investigation" rather than a formal open hearing on the dispute as previously decided. - IOL website

'No justifiable basis' for hearing Hlophe in private - 21 July
The Judicial Service Commission (JSC) has been warned that proceeding with their proposed "preliminary investigation" into Western Cape Judge President John Hlophe and the judges of the Constitutional Court behind closed doors is in breach of a court order issued in April by the South Gauteng High court. This warning is contained in a letter sent to the JSC from lawyers representing the Mail & Guardian, Avusa and Independent Newspapers, after reports that the statutory body intended excluding the media from a hearing set to begin on Wednesday. - Mail & Guardian website

New-look JSC halts Hlophe inquiry - 22 July
The Judicial Service Commission has cancelled its closed preliminary investigation on the dispute between Judge John Hlophe and judges of the Constitutional Court just hours after confirming it had opted for the closed probe instead of an open inquiry. JSC spokesman Marumo Moerane said yesterday that the inquiry - due to have started today - was cancelled late on Monday night at a meeting of the JSC's complaints committee. Moerane would not say what led to the cancellation, but said Monday night’s meeting was the first to include the four new appointments to the JSC made by President Jacob Zuma at the weekend. - Business Day website

Pierre de Vos a disgrace to the academic profession : JFHA - 20 July
The Justice for Hlophe Alliance is disappointed after reading the ill informed views and preconceived ideas which were expressed by the self appointed constitutional expert, one Prof Pierre de Vos. Although this was to be expected from the White supremacist that he (de Vos) is who always sees things in Black and White, we nevertheless still had hopes that he would one day see things in clear colour and realise that life is not always about whether one is Black or White. We expected better from someone of his stature, especially one who is supposed to be a good example to the up and coming, particularly the young University kids who look up to him for guidance, alike in both the White and Black communities. - Politicsweb website

JSC meets on Hlophe - 22 July
The Judicial Service Commission met behind closed doors on Wednesday to discuss how to proceed with its probe into the dispute between Western Cape Judge President John Hlophe and Constitutional Court judges. The JSC cancelled its planned closed preliminary hearing into the matter earlier this week. - IOL website

JSC forms committee to probe Hlophe allegations - 22 July
The Judicial Service Commission (JSC) on Wednesday appointed a three-member subcommittee to investigate if there is enough evidence to proceed with a full hearing into the dispute between Western Cape Judge President John Hlophe and Constitutional Court judges. The subcommittee will be made up of Marumo Moerane, Judge Ishmael Semenya and Judge President Bernard Ngoepe, who will chair the group. - Mail & Guardian website

Closed Hlophe hearings cause for concern - 23 July
Lawyers for South Africa's major media groups and the Freedom of Expression Institute will demand that the inquiry into the complaint against Cape Judge President John Hlophe be open to the public. A court has ordered that the hearings take place in public, but the Judicial Service Commission (JSC) yesterday said a subcommittee would first investigate - behind closed doors - whether to proceed with a full hearing. - IOL website

Hlophe gets set to return - 21 July
High court staff are preparing for the return next week of Cape Judge President John Hlophe, who has been on voluntary leave pending Judicial Service Commission (JSC) hearings into his alleged attempts to improperly influence Constitutional Court judges. It is understood that he is not yet on the roll to hear cases, which means he will not be on the bench in the near future. He will, however, have a fairly heavy administrative load. - IOL website

Zuma has final say on Hlophe - 21 July
A Judicial Service Commission request to President Jacob Zuma that Cape Judge President John Hlophe be suspended pending an inquiry into gross misconduct would be the only legal roadblock to the judge's return to work. Judge Hlophe has written to Justice Minister Jeff Radebe to inform him that he will be back in the office at the end of the month, when court recess ends. - IOL website

Why Hlophe will be back on the bench - 23 July
Western Cape Judge President John Hlophe will be back at work on Monday despite the concerns about his integrity. Hlophe, who is accused of having tried to influence two Constitutional Court judges on cases relating to President Jacob Zuma, has made it clear to Justice Minister Jeff Radebe that he will be back in his office on July 27. Legal experts say there is nothing the minister can do to stop him. - The Times website

Hlophe will stay at home says minister - 24 July
The office of Justice Minister Jeff Radebe's office has confirmed to Eyewitness News Western Cape Judge President John Hlophe will not return to work until the Judicial Service Commission (JSC) finalises its hearings. - Eye Witness News website

Hlophe to stay on leave until hearing - 24 July
Western Cape Judge President John Hlophe will not return to work until the Judicial Service Commission (JSC) finalises its hearings, justice ministry spokesman Tlali Tlali said on Friday. - IOL website

KwaZulu-Natal

Bank stops 'related party' loans - 24 July
KwaZulu-Natal's embattled Ithala Bank - under fire for alleged irregular loans to the province’s political elite - has stopped issuing "related party" loans while its lending procedures are being revamped by its new political bosses. Provincial economic development MEC Mike Mabuyakhulu, under whom Ithala now falls, said in his budget speech in Pietermaritzburg yesterday that legislation would be tabled and enacted before the end of the year to regulate loans to "entities or individuals related to some who are in positions of power and may have direct or indirect influence within the institution". -The Times website

Labour Issues

Counting the long-term costs of inflexible labour - 23 July
Wage demands have been submitted and strikes are being threatened in the gold, platinum, petroleum, paper and chemicals sectors. But, wait, that's not all. The public sector doctors have been seen toyi-toying in recent times and workers at the SABC are poised to down their cameras. Unfortunately, some people at the trade unions have failed to read the memo pointing out that the world is in the grips of its worst recession in sixty years. We are not for one moment saying that workers do not need to be paid a fair and equitable wage but the costs of aggressive posturing by trade unions in the current economic climate may be dire and only be felt in years to come. - Moneyweb website

South Africa to grind to a halt - 24 July
South Africans should brace themselves for a tsunami of strikes amid service delivery protests that will bring life to a standstill. - Sowetan website
Keyphrases :
Communication Workers' Union
Independent Municipal and Allied Trade Union
South African Municipal Workers' Union
South African Transport and Allied Workers' Union
United Transport and Allied Trade Union

24 July 2009
Zuma urges speedy resolution of wage negotiations
The Richmark Sentinel website

Chemical, Energy, Paper, Printing Wood and Allied Industries

Petroleum workers sign two-year wage deal - 20 July
Trade union Solidarity and other trade unions in the petroleum sector of the National Bargaining Council for the Chemical Industry (NBCCI) have signed a wage agreement over the weekend, the union reported on Monday. This followed several mediation sessions continued in the sector in an effort to avert a strike, which some had earlier expected to lead to fuel disruptions in the country. - Creamer Media's Engineering News website

Union's demand is 'justified' - 22 July
The wage demands made by the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union (Ceppwawu) are "justified," the Congress of SA Trade Unions (Cosatu) said on Wednesday. "The union is absolutely justified in their demand that employers reconsider their paltry offer of a seven percent wage increase and can be assured the solidarity of all Cosatu's two million members," spokesman Patrick Craven said in a statement. - IOL website

Union briefs chemical workers on wage offer - 23 July
Labour union Ceppwawu was briefing striking pharmaceutical workers on Thursday morning on the latest wage offer made by their employers, a spokesman said. - IOL website

S Africa chemicals sector raises wage offer - 24 July
South Africa's main chemical sector union said on Friday industry employers had raised their wage hike offer to 9 percent from 7 percent, which remains below the union's demand of at least a 10 percent rise. - Reuters website

Mining

SA miners in final talks, strikes pressure Zuma - 21 July
South African unions representing gold miners met with employers for final wage talks on Tuesday, saying a strike was "highly likely" if they fail to reach a deal and piling pressure on President Jacob Zuma. - Mail & Guardian website

SA coal-miners make improved wage offer : unions - 21 July
South African coal companies had made an increased wage offer on Monday, labour unions Solidarity and the National Union of Mineworkers (NUM) confirmed on Tuesday. - Creamer Media's Mining Weekly website

New wage offers to mull over  - 22 July
Gold employers affiliated to the Chamber of Mines raised their wage offers from the initial 6.5 percent, 8 percent and 9 percent to between 9 and 10.5 percent, said the National Union of Mineworkers (NUM) on Tuesday. Collieries have offered a 9 percent rise for higher categories and an 11 percent for lower categories. - Business Report website

Chamber of Mines tables final wage offer - 22 July
The Chamber of Mines has tabled a final wage offer for coal miners, it said on Wednesday. A nine percent offer was made by Anglo Coal, Xstrata, Exxaro, Delmas Coal and Kangra to increase the salaries of miners, artisans and officials. For all other employees, a 10% offer was tabled, except for entry-level salaries which would be increased to R3 713 a month. - Mail & Guardian website

Municipal Workers

Salga calls for return to salary talks - 20 July
The SA Local Government Association is concerned at the lack of an agreement in municipal salary negotiations, it said on Monday. "It is regrettable that a settlement has not been reached yet, despite several attempts made since 30 March to reach an amicable agreement," Salga chief executive officer Xolile George said in a statement. - IOL website

Samwu se 'onrealistiese eise' laat loononderhandelings misluk - 15 July
Die Suid-Afrikaanse Vereniging van Plaaslike Owerhede (Salga) sê die vakbond Samwu se "onbekostigbare eise" is die rede dat loononderhandelings vir munisipale werkers misluk het. Die munisipale vakbonde Samwu en Imatu het eergister bekend gemaak munisipaliteite moet hulle staal vir 'n onbepaalde landwye staking wat Maandag begin. Die vakbonde verteenwoordig rofweg 90% van die werknemers op plaaslike regeringsvlak. Salga se hy was hoopvol dat 'n voorgestelde 11,5%-verhoging vir die vakbonde aanvaarbaar sou wees. Imatu was te vinde daarvoor. Salga se hy was "uit die veld geslaan" toe Samwu verlede week op 'n "onversoenlike 15%" aangedring het. - Beeld website

Municipal strike looming - 21 July
South Africa could have another big strike on its hands. Services like refuse removal may be severely affected next week as municipal workers plan on stopping work. Trade union Samwu says thousands of its members throughout the country will go on strike on Monday because wage negotiations have deadlocked. The SA Local Government Association (Salga) has offered a 10.5-percent increase, but Samwu's Jaycee Ncanana says this isn't good enough. He says they also want housing subsidies and all vacant posts to be filled. - East Coast Radio website

Unions : municipal strike can be averted - 21 July
The municipal strike scheduled to start on Monday can be averted if the employer makes a decent offer, trade unions said. "We will call off the strike if the employer meets our demands before Monday. If they do not put a good offer, thousands of our members will down tools on Monday," South African Municipal Workers' Union (Samwu) president Petrus Mashishi said on Tuesday after salary negotiations deadlocked. - IOL website

Huge municipal services strike looms - 23 July
Residents face huge disruptions in municipal services from Monday as more than 190 000 municipal workers countrywide are expected to begin an indefinite strike over wages. About 21 000 members of the South African Municipal Workers Union (Samwu) and a further estimated 7 000 Independent Municipal and Allied Trade Union (Imatu) in Gauteng are in dispute and plan to strike, spokesmen for the organisations said on Wednesday.  - IOL website

South African Broadcasting Corporation (SABC)

SABC faces strike action - 23 July
The Communication Workers Union (CWU) warned the SABC on Thursday that its members would embark on a second phase of strike action. "The CWU national working committee meeting that will be held on the 24th July 2009, will among others discuss a more effective strike action program against the SABC," the union said in a statement. It repeated that it was not prepared to accept "anything less than the 12,2 percent salary increment as agreed upon by parties". - IOL website

Telkom

Communications union to embark on strike - 22 July
The Communication Workers' Union (CWU) may embark on mass action next week after "substantive" negotiations failed with Telkom. Union members said on Wednesday there was unhappiness over wages, the threat of possible job losses through restructuring, and poor administration. - IOL website

Transport

Metrorail workers to strike - 23 July
Deadlocked negotiations could lead to the shut-down of commuter rail operations, the trade unions representing 10 000 workers in the sector warned on Wednesday. United Transport and Allied Trade Union (Utatu) and South African Transport and Allied Workers' Union (Satawu) members at Metrorail plan to down tools on Monday. In a joint statement, they said Metrorail will be served with a strike notice on Friday. - IOL website

Land Affairs and Property

Land Claims and Expropriation

22 July 2009
Restitution process in provinces
SA Government Information website

Land Commission exhausts budget - 22 July
The Land Claims Commission has exhausted its entire R1.3 billion budget allocated for claims, eight months before the end of the 2008/09 financial year. - East Coast Radio website

Kruger headache returns - 21 July
The government is at sixes and sevens over whether land in the Kruger Park should be returned to land claimants, a parliamentary briefing highlighted recently. This follows the angry response of many communities that have lodged claims in response to Cabinet's decision in December last year to offer them money or alternative land. The announcement created the impression that the final chapter had been written in the protracted saga of land claims in South Africa's premier nature reserve. - Mail & Guardian website

Kruger Park land claims may set state back R20bn - 23 July
The government is likely to pay as much as R20 billion to settle just 30 land claims for 400 000 hectares of Kruger National Park land situated in Mpumalanga and Limpopo. Blessing Mphela, the chief land claims commissioner, described this amount as a conservative estimate, though it is the equivalent that the commission spent on settling 75 400 claims over 10 years. - Business Report website

Local Government

Local authorities struggling with Grap - 21 July
While companies in the private sector have moved quickly to convert their financial systems to comply with international financial reporting standards, the public sector has not had it so easy. George Higgins, associate director for public sector accounts at Ernst & Young, said yesterday local authorities were struggling to move across to the new standardised accounting model, the Generally Recognised Accounting Practice (Grap). - allAfrica website

See also : Address by the Minister for Cooperative Governance and Traditional Affairs, Honourable Sicelo Shiceka, on the launch of the 2014 Clean Audit Project

Media

Mooted sale of INM Outdoor not enough for Independent  - 22 July
Just two days before Friday's deadline for the debt standstill at the Independent News & Media Group, which publishes Business Report, unconfirmed reports indicate that a Brazilian company has offered the Dublin-based group €100 million (R1.1 billion) for INM Outdoor, the outdoor advertising company that operates in 13 African countries. The Friday deadline for repayment of a €200m bond is the second deadline that has been granted by bondholders who were initially due to be repaid on May 18 this year. INM Outdoor and two other non-core operations, one based in Germany and one in India, were the only assets up for sale. The list of parties that are speculated to be interested in acquiring part or all of the local media assets includes Moeletsi Mbeki, the Mvelaphanda Group, which owns 25 percent of Avusa, Media 24 and, most recently, a consortium of black businessmen with trade union participation. - Business Report website

What does the future hold for IOL? - 14 July
One has to wonder what will happen to IOL if the newspapers of the Independent group are sold off separately, which is looking increasingly likely as the Irish parent company, Independent News & Media, has asked Deloitte to be on standby as the administrator in the event that the firm fails to restructure its debt. It is unlikely that the SA operation will be snapped up in its entirety as it will come with a hefty price tag and the Competition Commission would be unlikely to approve an existing media player buying the whole shebang. There will, however, be much interest from Caxton, Media24 and particularly Avusa, which is hemmed in to Gauteng and the Eastern Cape, in buying some of the Independent newspapers that include The Star, Pretoria News, Cape Times, Cape Argus and Durban's The Mercury and Daily News. But what will happen to IOL? - Grubstreet website

The fall of the Independent - 20 July
This may well turn out to be a week of consequence for the South African media as this Friday, July 24, Independent News & Media, the Irish company that owns a swathe of South African newspapers, might have to announce bankruptcy. - Moneyweb website

Minerals and Energy

South African nuclear policy praised by international nuclear agency chief - 20 July
The outgoing director-general of  the International Atomic Energy Agency (IAEA), Dr Mohammed ElBaradei, has praised South Africa for making "the right choice" regarding nuclear power, by scrapping its nuclear weapons and focusing on the peaceful uses of nuclear technology. He highlighted that South Africa was the first country to get rid of all its nuclear weapons. - Creamer Media's Engineernig News website

Not nationalisation but Chinafication? - 21 July
Paul Trewhela on a possible outcome of the debate on state control of the mines. - Moneyweb website

Municipal Management and Procedure

Cape Town

Is graffiti a public nuisance? - 21 July
The line is being drawn for graffiti artists, who could face fines of up to R20 000 for defacing property as the City of Cape Town moves to outlaw the practice. And property owners on the receiving end of these spraycan artists will have to remove graffiti within 10 days, unless the work is in an approved graffito space. A draft bylaw that will prohibit graffiti and provide for its removal and the restoration of affected surfaces has been released for public response. The comment period runs until August 20. - IOL website

eThekwini

Anti-apartheid activists oppose demolition of Indian Market - 20 July
Former anti-apartheid activists here have condemned the moves by the local authority to demolish a 100-year-old market established by Indian settlers in South Africa. The activists have asked the municipality not to demolish the Early Morning Market known as Indian Market in order to construct a Mall in its place. The municipality, which is controlled by the ruling ANC, has announced that the traders, both Indian-origin and local black Africans, will be shifted to a temporary shelter from the end of July. - The Times of India website

See also : KwaZulu-Natal High Court : Durban

National Prosecuting Authority

Pikoli warns against meddling politicians - 21 July
Axed national prosecutions chief Vusi Pikoli has said politicians should stay away from interfering with decisions to prosecute. Pikoli told judges and academics at an international law conference at the University of Cape Town on Monday it was not desirable to have politicians directly involved in decisions to prosecute individuals, particularly in high-profile cases. Pikoli was referring to alleged interference by erstwhile justice minister Brigitte Mabandla after he had obtained a warrant to arrest National Police Commissioner Jackie Selebi. - IOL website

Zuma presses on with successor to Pikoli - 22 July
The Presidency has informed axed National Prosecuting Authority (NPA) boss Vusi Pikoli that his permanent successor will be appointed despite Pikoli challenging his dismissal in court. Pikoli said yesterday he had received notice of the impending appointment. His lawyer, Aslam Moosajee, said the move would be opposed. "We will argue that the decision to remove Pikoli from office may well be set aside", Moosajee of Deneys Reitz said. - Business Day website

Court action to stop a Pikoli successor - 22 July
Court papers are expected to be filed shortly to prevent the appointment of a permanent successor to axed National Prosecuting Authority boss Vusi Pikoli, his lawyers said on Wednesday. Pikoli's attorney Aslam Moosajee said an urgent application for an interim interdict would be filed in the North Gauteng High Court "within a few days". - IOL website

Pikoli files papers challenging successor - 23 July
Lawyers for axed prosecutions boss Vusi Pikoli were filing an urgent interdict in Pretoria today to prevent the appointment of his successor, his lawyer said. "Papers have been served on the state attorney," said Deneys Reitz attorney Aslam Moosajee. A representative was also "in the corridors" of the High Court in Pretoria midday today to file the relevant papers there. If the president intends opposing the application, answering affidavits could be filed by next Tuesday, and argument on the interim interdict to prevent the appointment of new National Director of Public Prosecutions could be heard on August 4. Presidency acting spokesman Vincent Magwenya said there was no new information yet on the appointment. - Business Day website

Pikoli waits for Zuma's reply in fight for NPA job - 24 July
President Jacob Zuma has until Tuesday to respond to a court application launched by former National Prosecuting Authority head Vusi Pikoli, attempting to prevent a permanent prosecutions boss from being appointed. - Eye Witness News website

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

Imperial fights with state over interest on R90m car hire bill left by Scorpions - 24 July
The disbanded Scorpions have left the government with a R90 million car hire bill that has accrued interest since 2005 and Imperial Holdings is now grappling with the state over the account in court. Interest accrued in the claim stood at R11.35m in September 2005 and has risen steadily with the prime rate, which rose as high as 15 percent in December and is now at 11 percent. The matter was postponed indefinitely by mutual consent in April 2006. - Business Report website

Parliament

Notice of intention to evict two COPE MPs - 22 July
Minister of Public Works Geoff Doidge was granted an order in the Cape High Court on Tuesday to serve notices on two COPE parliamentarians living in the Pelican Park parliamentary village to inform them that he intends evicting them from their homes. After the court granted the order, Dennis Bloem and Bishop Lekoba Tolo were served notices by the Wynberg Sheriff's office informing them that Doidge would go to court next month to get them evicted from their houses in the complex near Zeekoevlei. The reason they are to be evicted is that they resigned from the ANC. - IOL website

South African Police Service

'Deal with child killings' - 22 July
A task team from the ministry of police will deliver a report to Minister Nathi Mthethwa by the end of the year on the relaunch of disbanded specialised units dealing with child and women abuse. - IOL website

Sport and Recreation

Cricket squabble leads to legal wrangle - 21 July
A legal battle has ensued between the Cricket South Africa and the Gauteng Cricket Board. Yesterday afternoon CSA president Mtutuzeli Nyoka said a dispute has been declared. "The matter is now in the hands of the lawyers. There is nothing I can tell you ; the lawyers are dealing with it", said Nyoka. The situation has led to Gauteng, the country's economic hub, giving the lucrative end-of-year England cricket tour a miss. - The Times website

Wanderers row worries England - 21 July
English cricket chiefs asked Tuesday for "clarification" about their tour matches in Johannesburg which are threatened by a row between Wanderers-based Gauteng and Cricket South Africa. This September and October sees South Africa hosting the ICC Champions Trophy one-day tournament. England and Wales Cricket Board (ECB) chief executive David Collier, has written to Majola, stressing the need to cater for the many thousands of England supporters who have already made travel arrangements for the series. - AFP on Google website

Bacher asks CSA, GTB to bury hatchet over IPL row - 22 July
Former South Africa captain Ali Bacher on Wednesday asked the cricket board and its Gauteng unit to resolve the row, arising out of the second Indian Premier League, before it reaches the court. - Times of India website

Gauteng Cricket wants mediation - 24 July
Gauteng Cricket Board (GCB) chairman Barry Skjoldhammer welcomed the decision by Cricket South Africa (CSA) to appeal to the sport minister to resolve the dispute between CSA and GCB. - The Times website

Historic stadiums to be demolished? - 20 July
2010 Soccer World Cup organising committee CEO Danny Jordaan suggested that historic rugby stadiums would be demolished in favour of the newly built World Cup venues. Speaking at the African Journalism Awards on Friday, Jordaan suggested that historic stadiums such as Newlands and Absa Stadium have reached the end of their life spans and would be demolished in the near future. It's already been decided that the Boet Erasmus Stadium in Port Elizabeth will be bulldozed. - SA Rugby website

Keyphrase :
2010 FIFA World Cup

Water and Environmental Affairs

Inquiry launched into financial administration of Water Affairs - 21 July
Minister of Water and Environmental Affairs, Buyelwa Sonjica, has launched an investigation into the financial administration of her department. This follows allegations of financial irregularities and information alleging maladministration and mismanagement in the department. A statement issued by the department says Minister Sonjica has given the Director General of Water Affairs, Pam Yako, special leave to allow for an unfettered process of investigation. - BuaNews Online website

Western Cape

Bombshell as Spygate tape surfaces - 22 July
The lawyer for former top cop Niel van Heerden and alleged spy Philip du Toit says he will use police video footage to prove that the discredited Erasmus Commission and police colluded to launch a witch-hunt against his clients. The Erasmus Commission, appointed by former premier Ebrahim Rasool to investigate allegations of spying and maladministration during the city's bribery investigation, was canned after a scathing judgment in a successful High Court review application brought by the city. Van Heerden recently obtained a copy of the video in the Mossel Bay Magistrate's Court where it forms part of the State's evidence against him in a separate case in which he has pleaded not guilty to charges of fraud, forgery and contravening the Commissioner of Oaths Act. - IOL website

What the raid video shows - 22 July
Superintendent Piet Viljoen, of the SAPS organised crime unit, repeatedly tells Niel van Heerden that he is raiding his office in terms of a warrant for fraud and that he is is not working on behalf of the commission. Van Heerden agrees to hand over information pertaining to the City of Cape Town and former councillor Badih Chaaban, but refuses to release information that he and Philip du Toit were preparing to submit to the Erasmus Commission. Viljoen informs Van Heerden and Speed that he had tried to call lawyer Zithu Twala, the secretary of the Erasmus Commission. Van Heerden and Du Toit's lawyer, Johann Nortje, said the video pointed to collusion between the police and the commission. - IOL website

Zille to probe cops' R19m suit - 23 July
Premier Helen Zille is to seek legal advice on an impending claim for damages from private investigators against her office. The Cape Argus reported yesterday that Niel van Heerden, a former senior policeman, and Philip du Toit, a former intelligence operative, planned to pursue a claim for defamation and loss of earnings as a result of the botched Erasmus Commission of In-quiry into alleged maladministration in the City of Cape Town. Zille was mayor at the time and Ebrahim Rasool was the premier. Zille said last night that it was "ironic" that her office was now being held accountable for the alleged misdemeanors of a previous premier. - IOL website

Miscellaneous

Inmates build house for crime victim - 22 July
Crime offenders doing time in jail have built a house for a Mpumalanga woman who has been repeatedly sexually abused. For nearly 10 years Elizabeth Mahlangu of Kwaggafontein in the KwaMhlanga area of Mpumalanga endured degrading crimes – including rape – at the hands of thugs who used to break into her dilapidated house. Mahlangu reported her plight to the justice criminal and prevention cluster (JCPS) during a community outreach arranged by the provincial safety and security department last year. Correctional services department, as one of the JCPS departments, facilitated the building of the house for Mahlangu by inmates. - Sowetan website

SA fugitive bust in USA 10 years later - 21 July
South African crime intelligence police are waiting for a report from their counterparts in Franklin, Tennessee, about the arrest of South African fugitive Walter Wright. He has evaded arrest for 10 years.Wright, 68, was stopped by Tennessee police on Friday night for speeding near a shopping mall. He is wanted in South Africa on fraud charges that date back to 1999. He is listed by the FBI and Interpol as an international fugitive. - The Times website

SAPS gunning for alleged pyramid scheme mastermind - 24 July
Crime intelligence police say they will do everything possible to ensure an alleged South African fraudster is extradited from the United States. Sixty eight-year-old Walter Wright was arrested in Tennessee last week. He is wanted for allegedly orchestrating a pyramid scheme in Gauteng. - Eye Witness News website

Greed and corruption plague the state : Tutu - 24 July
Anglican Archbishop Emeritus Desmond Tutu has slammed the state of the government and country, asking whether the bloodshed of the struggle had been worthwhile. Tutu was speaking at a memorial service on Thursday night for Coline Williams and Robbie Waterwich, Umkhonto weSizwe operatives who died in Cape Town 20 years ago, on the night of July 23. - IOL website

Why we disbanded two provincial executives : Mantashe - 20 July
ANC SG explains NEC decision to dissolve North West and Western Cape PECs. - Politicsweb website

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