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

31 July 2009

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

InfoUpdate 17 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

Agriculture

Adv Modidima Mannya's open letter to S'bu Ndebele - 31 July
Text of the open letter from the suspended head of the KwaZulu-Natal Agriculture Department, Advocate Modidima Mannya, to the Minister of Transport and former KZN Premier, Sibusiso Ndebele, July 27 2009. - Politicsweb website

30 July 2009
Minister Ndebele on allegations by suspended head of KwaZulu-Natal Department of Agriculture and Environmental Affairs
SA Government Information website

See also :
KZN department head can't appeal suspension - 10 January
The Durban Labour Court on Friday dismissed KwaZulu-Natal agriculture department head Modidima Mannya's application for leave to appeal his suspension. A disciplinary hearing by the department against him could now go ahead, spokesperson Khulekani Ntshangase told Sapa. "He is alleged to have harassed staff, been very unruly and arrogant". Mannya was suspended as head of the department early in 2008. - IOL website
[InfoUpdate 2 of 2009]

Civil Unrest

UN voices concern over SA housing riots - 27 July
The United Nations agency tasked with promoting adequate shelter for all has voiced alarm at the riots over housing and basic services  that have engulfed many South African townships over the past week. Demonstrators protesting over the state of their housing, water, electricity and sanitation services have clashed with police in townships across the country, with dozens of people arrested and large amounts of property looted or destroyed. - afrol website

Police fire at S Africa rioters - 28 uly
South African police have fired rubber bullets to disperse about 200 protesters at an informal settlement outside Johannesburg. Residents barricaded a road with burning tyres during a protest against poor living conditions in the area. The crowd stoned a local municipal office after realising it was closed due to the municipal workers' strike, which has entered its second day. - BBC News website

The popular rebellion in South African is about a lot more than just service delivery - 27 July
The unprecedented series of road blockades, marches, riots, strikes and land occupations confronting Jacob Zuma's new government cannot be understood if they are all presented as 'service delivery protests'. On the contrary this label obscures the politics of the rebellion. - IndyBay website

'Protests stem from structural inequalities' - 28 July
Asurge in service delivery protests in recent weeks stems from structural economic inequalities which have left the poor on the margins of society, an analyst said this week. A researcher for the Corruption and Governance Programme at the Institute for Security Studies, Andile Sokomani, said even before the recession – South Africa's first in 17 years – the country's poor were sidelined from reaping the benefits of a growing economy. - Dispatch Online website

Lack of information exchange creates conditions for protests - 28 July
The response from the government to the rise in protests over poor public service has been generally to condemn the protests and call for people to take issues up with the proper structures in a peaceful way. But is it enough simply to ask people to keep using structures in which they have clearly lost confidence? Or are there other alternatives? - Alison Tilley, CEO of the Open Democracy Advice Centre, on the allAfrica website

ANC is in denial - 29 July
Whilst countrywide service delivery protests threaten to slide the nation into protracted anarchy, some of the prominent leaders within the party continue with their bizarre conspiracy theories and meaningless philosophical speak.Minister of Co-operative Governance and Traditional Affairs, Sicelo Shiceka, blames the anarchy on the work of a shadowy "third force". It is an undisputable fact that there are wide-ranging problems of service delivery at local government level due to incompetence, corruption and a simple lack of administrative skills. Shiceka must go to communities and find out for himself. - Moneyweb website

People are demanding public service, not service delivery - 29 July
There is a great difference between "service delivery" and "public service". The first entails officials - and commentators - deciding what people need and then dumping it on them. This refusal to allow people to make their own choices is particularly prevalent in housing, but it happens in other areas too : the removal of small traders from areas where some "service deliverers" think they ought not to be is another grievance that prompts protest. Many local protests are reactions against this high-handedness and so are, in reality, protests against "service delivery". - Steven Friedman on the Business Day website

Protests are Mbeki’s fault, says Sexwale - 25 July
Human settlements minister Tokyo Sexwale has blamed councillors elected during former President Thabo Mbeki's administration for the latest wave of violent protests at service delivery. Sexwale said people were not against President Jacob Zuma's government, but against the municipalities aligned to the previous administration. - The Times website

On good governance and burning tyres - 29 July
Surely it is far too simplistic to say the protests may be the result of an ANC plot - as Helen Zille stupidly suggested. And it is also far to easy to blame Thabo Mbeki and to suggest that local councillors are perceived as part of the previous Mbeki regime and protesters are therefore protesting against Mbeki. - Pierre de Vos on the Constitutionally Speaking blog

See also :
South Gauteng High Court. Squatters sue council : residents want service
Cabinet condemns violent protests

Communications

Mobile firms subject to R500 000 fine for poor service - 29 July
Mobile communications companies would be subjected to a R500 000 fine for poor network standards, the Independent Communications Authority of SA (Icasa) has said. It follows a regulations document outlining minimum standards for end-user and subscriber service charters for mobile communications companies, which was printed in the Government Gazette earlier this month. - Business Day website

Education

Govt to increase no fees schools by 60 percent - 28 July
Government intends to increase no-fee schools by at least 60 percent this financial year, says Minister for Basic Education Angie Motshekga. Speaking after a Special Council of Education Ministers Meeting on Tuesday, Minister Motshekga said the council agreed on a few draft policies, including declaring additional schools as no-fee schools, over and above the current schools. Currently, there are about 15 000 quintile one and two schools which are situated in the poorest communities and have been declared no-fee schools. A quintile is a national ranking method used by the department to measure how poor a school is, with quintile one being the poorest of all quintiles. - BuaNews Online website

Jonathan Jansen must apologise! : ANC - 17 July
Open letter to University of Free State Rector and Vice-Chancellor Jonathan Jansen from ANC National Spokesperson Jessie Duarte. - Politicsweb website

Fix the schools don't blame the universities : Helen Zille - 26 July
Prof Jonathan Jansen, the new Vice-Chancellor of the University of the Free State, is an educationalist. Controversial and abrasive, yes. But prepared to call a spade a spade in the interests of dealing with our country's core problem. Recently, besides making telling observations about our education system, he described the new Minister of Basic Education, Angie Motshetga, as a "lazy and incompetent minister, if one takes into account her record as MEC in Gauteng". He might have been referring to the fact that she had attended Jacob Zuma's court trial when she should have been in an education meeting ; that she had taken no action against a union member who had beaten up a teacher in Eldorado Park for refusing to take part in the union's political campaign ; and that she had done nothing to stop the union taking teachers out of the classroom. - Politicsweb website

Criticising the crisis in education - 19 July
What to make of the war of words that has erupted between Jonathan Jansen and Jessie Duarte? Duarte strategy to deflect Jansen's comments on commitment and competence draws attention to a key issue in the national debate about governance : how much of a factor is demonstrated commitment and proven competence in selecting candidates for top government positions? Or to put it another way, to what extent does demonstrated loyalty to the new powers at Luthuli House outweigh ability and competence in making cabinet appointments? This is a key issue that runs through much recent political controversy in the post-Mbeki era, and if widespread anxiety about the possible appointment of Judge Hlophe to the Constitutional Court is to be believed, it appears now to be overflowing into the judiciary too. - History Matters website
[Article includes numerous links to other documents]

Environment

Minister reaffirms that govt is behind PBMR nuclear programme - 30 July
Public Enterprises Minister Barbara Hogan has given the assurance that the government remains committed to South Africa's pebble-bed modular reactor (PBMR) nuclear power programme. Speaking to journalists after addressing the PBMR workshop on localisation opportunities, on Thursday, she also stated that the government believes that "time is of the essence" in developing nuclear energy in the country. - Creamer Media's Engineering News website

Tyre producers, stockpile owners to register with Environmental Affairs dept - 27 July
The Department of Water and Environmental Affairs  said on Monday that tyre producers and waste tyre stockpile owners had until the end of this week to register with the department. The department said that the Waste Tyre Regulations of 2009 came into effect at the end of June, and that tyre producers and waste tyre stockpile owners had to register within 30 days. After registering, tyre producers had to prepare and submit an integrated industry waste management plan within 60 days to the Water and Environmental Affairs Minister for approval. - Creamer Media's Engineering News website

Health

ANC adopts national health insurance policy draft  - 29 July
The National Health Insurance (NHI) draft policy document is on the cards after its adoption by the ANC national executive committee (NEC) and would soon be released by the health minister for public scrutiny and debate. This is the word from Tebogo Phadu, the ruling party's policy research co-ordinator, who said yesterday that the ANC NHI task team, which was heavily criticised for its draft document on the proposed health funding structure, had finished its work and the government process of formulating legislation would start soon. - Business Report website

A Unified, Equitable and Integrated National Health System that benefits all South Africans
ANC website

Government cannot fix health care alone : ANC - 31 July
The government has conceded that it cannot fix the public health care system on its own and that it needs help in the form of tens of billions of rands from the private sector to refurbish the dilapidated hospital infrastructure. - Business Report website

Healthcare funders support NHI  - 31 July
The Board of Healthcare Funders (BHF) supports the introduction of National Health Insurance (NHI) and wants to be involved in setting it up, said Clarence Mini, chairman of the board's regulatory and policy committee, on Friday. - Business Report website

Dlomo floats medicine plan as prices soar - 31 July
The KwaZulu-Natal health department wants the government to establish a state-owned company to produce medications, the province's health MEC said on Thursday. This, amid concerns over the high cost of medications, said MEC Dr Sibongiseni Dlomo. - IOL website

Medical aids 'interfering' - 26 July
Interference by medical aids and medical administrators in clinical decisions by doctors is adversely affecting the care medical professionals are able to give their patients. Doctors, specialists and medical bodies have expressed serious concern about the growing incidence of interference by medical aids in clinical care, saying such meddling often ended up costing them more because cheap medical care resulted in more costs being incurred in the long run. - IOL website

Human Rights

Pupils in sex claims give in to threats - 30 July
Three whistle-blowers from the Umlazi high school where five teachers are facing charges of misconduct have buckled under pressure of being "intimidated" and have backed away from testifying against the accused. - IOL website

Judicial Service Commission, and, Judiciary

Against all odds - 27 July
As a white lawyer in an apartheid South Africa, veteran Constitutional Court Judge and author Albie Sachs knew that to fight and defeat the oppressive system, he had to take advantage of his skin colour, writes Chris Bathembu. As his 15-year career at the highest court in the land draws to an end, one thing many in the legal fraternity will remember about Justice Sachs is his rare understanding of constitutional law. But most of all, the courageous contribution and sacrifices he made to ensure the realisation of a democratic order in South Africa. - BuaNews Online website

MPs get more JSC power - 27 July
Members of Parliament who sit on the Judicial Service Commission will now have a greater say in the appointment of judges, including the screening of candidates. Previously, MPs were excluded from the committee responsible for screening candidates. Marumo Moerane, spokesman for the JSC, said the screening committee would now include two MPs, including one from the opposition. - The Times website

Judicial catfight looms - 26 July
A judicial catfight is looming with Deputy Chief Justice Dikgang Moseneke reportedly back in the running to take over the top job when Pius Langa retires in October, putting a spanner in the campaign led by backers of controversial Cape Judge President John Hlophe, according to several sources who spoke to The Sunday Independent on condition of anonymity. - IOL website

After Pius Langa - 29 July
There has been much speculation lately about who might replace Chief Justice Pius Langa when his term of office expires in October. But whatever the merits (or otherwise) of the judges whose names are being bandied about, it will be hard for president Jacob Zuma to find much reason not to appoint the current deputy chief justice, Dikgang Moseneke. Editorial. - Business Day website

Con Court "shortlist" avoids tough questions - 28 July
News that 23 of the 27 nominated candidates for the four openings on the Constitutional Court were short-listed by the Judicial Services Commission (JSC) and will be interviewed in early September suggests that the JSC decided to avoid the tough questions  on this matter until after the completion of the interviews. In the past the JSC has applied an informal rule that it would not consider anyone for appointment or elevation to a higher bench if serious charges of misconduct were pending against the nominee. - Pierre de Vos on the Constitutionally Speaking website

JSC gears up for more interviews - 28 July
The Judicial Service Commission is poised for another round of interviews for judges, this time in October, it said on Tuesday. The commission is seeking to fill two vacancies in the Supreme Court of Appeal, six in the northern and southern Gauteng High Court and three in the Eastern Cape High Court in Port Elizabeth. - IOL website

See :
Judicial Service Commission. Judicial Vacancies - 28 July 2009

Judge Hlophe

JSC about-face on Hlophe tramples public's rights - 25 July
Ruling by a high court judge is snubbed by body’s 'closed preliminary hearing' strategy, writes Dario Milo. Now the JSC has announced that it has appointed a three-member sub-committee - comprising Judge Bernard Ngoepe, judge president of the North Gauteng High Court ; Ishmael Semenya SC ; and Marumo Moerane SC - to conduct a closed "preliminary hearing" to investigate the facts in relation to the complaint by the judges of the Constitutional Court against Judge Hlophe, and his counter-complaint against the Constitutional Court judges. Milo is a partner at Webber Wentzel. He represented media groups in the high court application to have the earlier JSC hearing held in the open. - The Times website

Why should judges enjoy privacy that accused don't? - 27 July
The Judicial Service Commission is once more attempting to hold an inquiry into the behaviour of Judge John Hlophe behind closed doors. This can only be justified if the commission believes that judges ought to enjoy special status that ordinary citizens do not enjoy. The inverse is true. Judges must be above suspicion and any examination of their behaviour must not only take place in pubic, it must occur the full glare of the spotlight. - The Times website

Can the judges of the Constitutional Court be impeached? - 30 July
A little noted decision made by the (newly constituted) complaints committee of the Judicial Services Commission (JSC) on 22 July 2009 casts a new light (is this possible?) on the question of whether either Judge President John Hlophe or the judges of the Constitutional Court who made the complaint against him, should be impeached. Previously it was unclear whether the complaints committee of the JSC believed that the allegations by either side, if established, would constitute gross misconduct warranting impeachment. Now we know if the JSC agrees with either side, it will reccommend impeachment of one (or more) judges. - Pierre de Vos on the Constitutionally Speaking website

Urgent bid to stop JSC backtracking on Hlophe - 25 July
AVUSA, the Independent Group, the Mail & Guardian and the Freedom of Expression Institute on Friday night filed urgent court papers to set aside the Judicial Service Commission's (JSC's) decision to hold a preliminary investigation into the dispute between Constitutional Court judges and Western Cape judge-president John Hlophe. - The Weekender website
Keyphrase :
South Gauteng High Court

Hlophe opposes public hearing - 28 July
Western Cape Judge President John Hlophe is opposing a court bid by the media to force the Judicial Service Commission to open its preliminary investigation into his alleged misconduct to the public, his lawyer said yesterday. Advocate Barnabas Xulu said that to open the commission's hearings to the public would violate his client's rights. "You don't publicly investigate when you are dealing with a judge", he said. - The Times website

Hlophe application not heard today - 27 July
An urgent application to have Western Cape Judge President John Hlophe's initial judicial services proceedings open to the media, would not be heard in the Johannesburg High Court today as earlier reported. Speaking on customary condition of anonymity, a court official said the case was still to be allocated to a judge. - The Times website

Hlophe defends JSC - 27 July
Western Cape Judge President John Hlophe has defended the Judicial Service Commission, saying it has not conspired to cover up any alleged wrongdoing on his part as alleged by some media. This is according to an 18-page affidavit filed on Monday ahead of Tuesday's Johannesburg High Court application by Independent Newspapers and other media houses, who do not want the JSC's preliminary inquiry into his dispute with the country's top judges be held behind closed doors. - IOL website

Hlophe says his conscience is clear - 28 July
Western Cape Judge President John Hlophe's "conscience is clear" concerning allegations that he attempted to improperly influence two judges of the Constitutional Court, according to court papers. - Mail & Guardian website

Media fight for public inquiry into Hlophe - 28 July
Lawyers for various media on Tuesday
challenged the Judicial Service Commission's (JSC) decision to hold a closed preliminary investigation into a complaint against Cape Judge President John Hlophe. At an urgent application in the South Gauteng High Court, a lawyer for the Mail & Guardian, Kate Hofmeyr, submitted that there were no compelling grounds to proceed as the matter was already in the public domain. - Mail & Guardian website

JSC defends closed inquiry - 28 July
The Judicial Service Commission denies trying to hide anything by holding a private preliminary inquiry into the complaint lodged by Constitutional Court judges against Cape Judge President John Hlophe. - IOL website

Media slammed in high court - 28 July
The media has come under fire in the South Gauteng High Court for its coverage of complaints of misconduct against Western Cape Judge President John Hlophe. Journalists were taken by surprise when the JSC's Bashir Valli lashed out at the media. Valli began by saying the media was quick to say they were trying to uphold democracy, adding the media at the end of the day had the bottom line to worry about and often had hidden agendas. Valli then caused a significant stir in the public gallery when he loosely said the media consisted of people turning serious debate into pornography. - Eye Witness News website

Media criticised at Hlophe hearing - 28 July
The media was severely criticised for its reporting of the complaint against Cape Judge President John Hlophe in the High Court in Johannesburg on Tuesday. JSC lawyer Bashir Valli asked : "Where do they acquire such a right, my lord? They are not a party to proceedings . . . It doesn't give anybody rights to get involved with the affairs of the JSC. They have absolutely no rights". He said not even the judges who laid the complaint had the right to be at the preliminary inquiry and even the lawyers representing the parties could be present, but could not speak. He rejected the submission that the media had rights because of the history of the case. - IOL website

Concourt seeks clarity on secret Hlophe probe - 29 July
The Constitutional Court wants answers about the Judicial Service Commission's plans to hold a secret preliminary probe into Judge John Hlophe's alleged misconduct. And South Africa's highest court has sent a series of questions to Witwatersrand Judge President Bernard Ngoepe about the processes involved in the pending Hlophe investigation, which it claims its judges are completely in the dark about. The Concourt yesterday undermined new JSC appointee Ishmael Semenya's sworn claim that none of the parties in the Hlophe-Concourt dispute had any objection to the proposed secret probe. - IOL website

Media wins bid for open Hlophe hearing - 29 July
The South Gauteng High Court ordered yesterday that a preliminary investigation into the dispute between Judge John Hlophe and judges of the Constitutional Court will be held in public after all. Media houses opposed the closed hearing, and South Gauteng High Court judge Frans Malan ordered yesterday that it be open. Today, a JSC subcommittee will interview Hlophe and the two judges at the centre of the complaint against him, judges Bess Nkabinde and Chris Jafta, Chief Justice Pius Langa and Deputy Chief Justice Dikgang Moseneke. Malan said in his judgment that "the public is entitled to know (that the judiciary) functions consistently with the principles of independence, fairness and impartiality". - Business Day website

Mail and Guardian Limited and Others v Judicial Service Commission and Others (09/30894) [2009] ZAGPJHC 29 (29 July 2009)

Media claim victory for press freedom - 30 July
The Mail & Guardian, together with Avusa, Independent Newspapers, and e.tv, yesterday, Wednesday, 29 July 2009, won what they describe as a significant battle for press freedom and the principle of open democracy - the hearing by the Judicial Service Commission (JSC) into a complaint of misconduct against Western Cape Judge President John Hlophe is to be open to the public and the media. Said Nic Dawes, M&G editor, "The judgement is yet another ringing endorsement of constitutional role of the media in securing the democratic process from courts which are increasingly developing our jurisprudence around freedom of speech and openness". - BizCommunity website

A deeply embarrassing ruling against the JSC - 30 July
Did the JSC really think that the justices and the Chief Justice needed protection from the media so they could "speak freely"? What arrant twaddle. Said Judge Frans Malan : "There is no suggestion, and there can be none, that the Justices or the Judge President will be intimidated and not speak 'freely'." But it was on the principal of transparency that Malan's ruling did the most damage to the reputation of the JSC. "Any benefit that may or might have been gained by a hearing 'outside the intrusive glare of publicity' will be discounted by negative perceptions of the judiciary and the administration of justice in general. This matter has attracted immense public interest and has been the subject of a debate in the media. There is every need to ensure the public's continued access to the issue". - The Times website

Media asked to leave JSC hearing despite high court ruling - 30 July
A preliminary investigation by the Judicial Service Commission has seen a shaky start with the media being asked to leave minutes after proceeding were due to begin. - Eye Witness News website

Hlophe tells his side of the story at the JSC hearing - 30 July
Western Cape Judge President John Hlophe says he was subjected to a public lynching when the Constitutional Court  laid a public complaint against him. - Eye Witness News website

Hlophe denies meddling in Zuma case - 30 July
Cape Judge President John Hlophe on Thursday denied making improper suggestions to two Constitutional Court judges over a judgment on President Jacob Zuma. "I never said the ruling of the court should be in favour of Zuma," Hlophe told a long-awaited inquiry into the matter in Braamfontein, Johannesburg. - IOL website

Langa : no ulterior motive - 30 July
There was no ulterior motive behind lodging a complaint against Cape Judge President John Hlophe with the Judicial Service Commission, Chief Justice Pius Langa said on Thursday. "I'm very much aware that I am the chief justice of South Africa and head of the judiciary in South Africa. The judge president (Hlophe) is head of the 9a- division and he is a member of the judiciary". Langa said he was sensitive to what happened to the judiciary, particularly with regard to the dignity, integrity and esteem in which it was being held. - News24 website

Hlophe 'dared' to prove dirty tricks - 30 July
Deputy Chief Justice Dikgang Moseneke has challenged Cape Judge President John Hlophe to produce evidence to back up his claim of a political campaign against him. "I dare him (Hlophe) to put that (allegation of political) motive on the table", said Moseneke in Johannesburg yesterday. - The Citizen website

ConCourt judge sticks to her guns at the JSC hearing - 30 July
Constitutional Court Judge Bess Nkabinde is adamant Western Cape Judge President John Hlophe inappropriately tried to discuss cases related to President Jacob Zuma. - Eye Witness News website

Hlophe accuser backs down - 31 July
One of the chief accusers in the complaint by the Constitutional Court against Western Cape Judge President John Hlophe did an about-turn at the Judicial Service Commission hearing in Braamfontein yesterday. Justices Chris Jafta and Bess Nkabinde’s complaint against Hlophe is crucial to the JSC hearings into his conduct. Yesterday, Jafta told the JSC sub-committee that he did not believe Hlophe was trying to influence him when they met in March last year. - The Times website

Hlophe, Jafta shake hands - 30 July
Supreme Court of Appeal Judge Chris Jafta and his old friend Cape Judge President John Hlophe shook hands after Jafta had finished giving evidence at a preliminary hearing that Hlophe may have tried to influence him over an important Constitutional Court judgment. - IOL website

Hlophe initial inquiry ends - 30 July
The Judicial Service Commission's preliminary inquiry into a complaint against Cape Judge President John Hlophe ended in Johannesburg on Thursday afternoon. JSC sub-committee chair Judge Bernard Ngoepe said the record of proceedings would be transcribed and given to the greater JSC. It would then meet on August 15 "to consider how to take the matter forward", said Ngoepe. - IOL website

Judicial Service Commission. Shortlist of Candidates - [30] July 2009

Hlophe and his accusers in line for top jobs - 28 July
Cape Judge President John Hlophe and two senior colleagues who accused him of gross misconduct will be interviewed for four vacancies on the country's highest court, along with several other judges who have had to rule on their damaging dispute. This is according to a shortlist compiled by a Judicial Service Commission (JSC) subcommittee at the weekend, which also includes top Cape advocate Jeremy Gauntlett, who was once accused by Judge Hlophe of racism in a leaked memorandum to then justice minister Brigitte Mabandla in 2005. MPs who serve on the JSC and were not part of the weekend culling have until 4pm on Thursday to add to the shortlist of 23 names. - IOL website

Big choice of candidates to fill posts on Constitutional Court - 31 July
The Judicial Service Commission will be spoilt for choice when it interviews 25 candidates to fill four vacancies for judges of the Constitutional Court. The list of candidates released yesterday includes 23 judges and two advocates. They will be interviewed in September in Kliptown, Soweto. - Business Day website

JSC snubs Kollapen - 31 July
South African Human Rights Commission chairperson Jody Kollapen is one of three nominees who has failed to make it as a candidate for the Concourt. The JSC has not made public who failed to make the interview list, but Independent Newspapers has confirmed the information with three sources. - IOL website

Judge Hlophe and high office : Peter Vale - 31 July
Earlier this week Sonia  Sotomayor, both woman and Hispanic, was confirmed by the Judiciary Committee of US Congress. This has cleared her way to be appointed by Obama. But what do both this history and this comparison have to do with Hlophe? - Peter Vale, Nelson Mandela Professor of Politics at Rhodes University, on the Dispatch Online website

Hlophe's double legal blow - 30 July
Embattled Cape Judge President John Hlophe, who is at the centre of a Judicial Services Commission (JSC) investigation, has officially been served with a summons in which University of Florida professor, Winston Nagan, is suing him and the Minister of Justice for R6-million in damages for defamation. - IOL website

KwaZulu-Natal

Willies Mchunu replaces Bheki Cele - 29 July
MEC Willies Mchunu, currently responsible for Local Government and Traditional Affairs replaces Mr Cele. Mr Mchunu will be replaced by Ms Nomusa Dube. KZN Cabinet statement following its sitting in Pietermaritzburg on Wednesday July 29 2009. - Politicsweb website

Rescue plan for KZN farmers - 29 July
The KwaZulu-Natal government intends helping beneficiaries of land reform battling to make their farms sustainable. - News24 website

Labour Issues

Gardening leave a necessary solution - 30 July
Getting rid of a director or senior executive is not practically the same as terminating the employment of more junior employees, for two reasons : money and power. Company boards should anticipate this when appointing an executive, and make sure the contract is clear on how to manage both of these tricky matters. But often sending them off on gardening leave is the best solution. Deon Visagie, partner at Webber Wentzel's Cape Town office says gardening leave is a term that is becoming more popular in South Africa these days, although it is more commonly used in other jurisdictions, mainly Europe. - Cape Business News website

Cash-strapped employers 'keep employee deductions' - 27 July
Cash-strapped employers are increasingly keeping deductions for employee benefits rather than paying them to retirement funds, the Institute of Retirement Funds (IRF) said on Monday. This was a "totally unacceptable situation" said the IRF's president Shantha Padayachee in a speech prepared for delivery at the organisation's annual congress in Durban. - Mail & Guardian website

Services crippled as workers down tools - 27 July
South Africa is set for a week of no trains, buses and garbage collection, with transport, municipal and pharmaceutical workers ready to strike across the country. Municipal services will be affected from today as about 20 000 workers strike for better wages and working conditions. They will be joined by the rail sector, which will stop working at midnight. - IOL website

Animals too wait for strike to end - 30 July
Smashing eggs and crushing strawberries over a bed of feed pellets, volunteers whipped up breakfast for the hundreds of animals whose keepers have been on strike all week at the Johannesburg Zoo. The zoo in Johannesburg's leafy northern suburbs normally has 178 full-time staff, but only about 44 have arrived each day since municipal workers launched a nationwide strike on Monday in a wage dispute. Now the zoo is relying on a team of up to 20 volunteers who arrive at dawn to prepare meals, feed animals and clean enclosures - though the volunteers are not allowed in the pens with lions and other big predators. - IOL website

Job stats not surprising : Cosatu - 28 July
The increase in the country's unemployment rate is alarming but not necessarily surprising, labour unions said on Tuesday. Union federation Cosatu was "seriously concerned" at the news of yet another increase in the number of people unemployed, said spokesman Patrick Craven in a statement. "These figures clearly confirm Cosatu's view that we are in the throes of a national unemployment emergency". - IOL website

Are these people barking mad? - 29 July
The Congress of South African Trade Unions (Cosatu) expressed concern on Tuesday over the loss of formal sector jobs and the growing number of discouraged work-seekers. Seemingly unaware of the irony of its position, Cosatu said, "These figures clearly confirm Cosatu's view that we are in the throes of a national unemployment emergency". - Moneyweb website

See :
28 July 2009
Unemployment rate increases slightly at 23.6%
BuaNews Online website

Chemical, Energy, Paper, Printing Wood and Allied Industries

Solidarity accepts wage offer - 28 July
Trade union Solidarity has accepted a wage offer of nine percent in the industrial chemical sector. The deal follows several rounds of negotiations and mediation sessions. The agreement was reached with various large companies including Sasol and Afrox and affects the production of gas, fertilizer and various chemicals. - Eye Witness News website

Chemicals strike averted - 29 July
A 10-day long strike by Ceppwawu union in the petroleum, pharmaceutical and paper industries has been called off, officials said on Wednesday. "The dispute [involving] the Chemical, Energy, Paper, Printing, Wood and Allied Workers' Union [Ceppwawu], UASA and Solidarity was finally resolved," the Commission for Conciliation, Mediation and Arbitration (CCMA) said in a statement. - IOL website

Clothing and Textiles

Clothing workers threaten strike action - 31 July
A union representing clothing and textile workers has declared a wage dispute with employers, it said on Friday. "The SA Clothing and Textile Workers' Union (Sactwu) has declared a national wage dispute against clothing industry employers," a statement said. - IOL website

Mining

SA coal, gold companies agree two-year wage deals - 28 July
Labour unions on Tuesday signed a two-year wage negotiation with the Chamber of Mines (CoM) for the coal sector, while the parties have also agreed to sign a two-year wage deal for the gold sector later in the day. The agreement comes after two months of negotiations, in which some of the unions had threatened to go on strike in the gold sector if their wage demands were not met. - Creamer Media's Mining Weekly website

Union declares wage dispute with Murray & Roberts - 29 July
The National Union of Mineworkers (NUM) on Wednesday announced it had declared a wage dispute with engineering, contracting and construction service company Murray & Roberts (M&R). The union is demanding a 15% wage increase, while the firm has offered only 9%. M&R group communications executive Ed Jardim said that the wage dispute related specifically to the mining industry. He confirmed that it had offered a 9% wage increase, but said that the total increase was closer to 10,4%, if the increases offered on the living out allowance and pension were included. The union was also demanding that the entry-level wage of for category B workers be moved up to R5 000 a month. - Creamer Media's Engineering News website

Municipal Workers

Strikes to shut cities : 150 000 workers stop work - 27 July
Municipal services will grind to a halt across South Africa today when about 150 000 unionised workers strike for hefty salary increases and generous housing allowances. The South African Municipal Workers Union and Independent Municipal and Allied Trade Union say they will take all their members out on the streets from today to press their demands for more than R10billion a year in benefits. - Sowetan website

SALGA ups its offer for municipal workers - 27 July
The South African Local Government Association (SALGA) has upped its wage offer to municipal workers from 10.5 percent to 13 percent. Thousands of municipal workers, belonging to the South African Municipal Workers Union (SAMWU), and Independent Municipal and Allied Trade Union (IMATU) downed tools on Monday demanding a 15 percent wage increase. - BuaNews Online website

Violence mars municipal workers' strike - 27 July
Several protesters were injured by rubber bullets as thousands of municipal workers took to the streets on Monday to demand better pay, harassing hawkers and emptying refuse bins. - Mail & Guardian website
Empangeni ; Nyanga ; Plettenberg Bay ; Polokwane ; Pretoria

Strikers flood the streets with trash - 28 July
Striking municipal workers on Monday caused havoc at the Tshwane Metro Council's offices in Centurion. - IOL website

Strikers threaten hawkers in Pretoria - 27 July
Protesting municipal workers attempted to steal from hawkers in Church Square in the Pretoria CBD on Monday. - The Times website

City to investigate unruly behaviour of striking workers - 28 July
The City of Johannesburg will institute an investigation into the unruly behaviour of some striking workers. - BuaNews Online website

No intimidation and rubbishing streets is warranted : SAMWU - 28 July
Municipal workers' union SAMWU has denied allegations that striking workers have intimidated their non-striking colleagues. It also seems the union cannot decide if it condemns the trashing of city centres across the country or if it believes it is a legitimate "strategy". - Eye Witness News website

Unions call on municipal workers to be disciplined - 28 July
Municipal unions SAMWU and IMATU have appealed to their members to be disciplined as a nationwide strike enters its second day. Several protest marches turned violent on Monday in some parts of the country. - Eye Witness News website

Strike carries heavy price tag - 28 July
The strike by municipal workers is costing the country in the region of R15 million a day, an economist said on Tuesday. "The problem is, it's very difficult to work out [the cost]. I can't work out the damage of all the shops and the traders. It's a hassle factor. But the cost is around R15 million a day in workers' wages, I guess," economist Mike Schussler told Sapa. - Business Report website

SALGA pulls out all stops to end strike - 28 July
The South African Local Government Association (SALGA) is pulling out all the stops to end the municipal workers strike which has crippled service delivery in several provinces. Thousands of municipal workers belonging to the South African Municipal Workers Union (SAMWU), and Independent Municipal and Allied Trade Union (IMATU) downed tools on Monday, demanding a 15 percent wage increase. The protests have affected basic services such as refuse collection and have led to a closure of many licensing stations in several provinces. - BuaNews Online website

Municipal strike 'depleting resources' - 28 July
The municipal workers' strike is straining the employer's already depleted finances, KwaZulu-Natal local government MEC Willies Mchunu said today. It had forced some municipalities to use private consultants, he said in a statement. - The Times website

Municipal strike mayhem - 28 July
Interview with Andrew Levy, independent labour consultant and Felicity Duncan on the Moneyweb website

Municipal strikes continue as workers mull new offer - 29 July
Municipal worker unions are set to decide on Wednesday if a new wage offer would be accepted as a national strike enters its third day. "The mandates of our members will be reported on in a meeting scheduled for 2pm", said South African Municipal Workers' Union (Samwu) general secretary Mthandeki Nhlapo. A strike by its 125 000 members, who have been criticised for unruly behaviour in the past days, will continue countrywide on Wednesday, said Nhlapo. Meanwhile, fellow union the Independent Municipal and Allied Trade Union (Imatu), which represents about 70 000 workers, said early indications were that its members would accept the latest offer from the employer. - Mail & Guardian website

Strikers face public violence charges - 29 July
Six protesting municipal workers were arrested in Tongaat outside Durban on Wednesday after they trashed streets, police said. "They were arrested after they caused chaos in Tongaat. They have been charged for public violence and illegal gathering," said Director Phindile Radebe. - IOL website

Samwu defends street trashing - 29 July
The SA Municipal Workers Union (Samwu) on Wednesday dismissed criticism of its members trashing city streets as "class based responses". "When a street cleaner upturns a rubbish bag, does it not occur to journalists and commentators that this might be an act of defiance, of for one being visible, of not being taken for granted?" Samwu general secretary Mthandeki Nhlapo asked in a statement. "As a union we do not condone this action, but we at least try and understand it". - IOL website

Kocks' solution for municipal workers - 29 July
In contrast to what the striking workers think, ordinary citizens are livid with poor service delivery. The question then arises, how do we really measure service delivery apart from rampages by citizens? Charl Kocks, CEO of Ratings Afrika, has suggested the initiation of a system evaluating how good service delivery really is. The company has methods and a scale that can measure municipal delivery and it is willing to share the scale and publicise the process. - Moneyweb website

S Africa council workers to continue strike - 30 July
South Africa's council workers' union said on Thursday it would extend a four-day strike that has crippled public services, after wage deals in key sectors eased the pressure on President Jacob Zuma. The SAMWU municipal workers' union said it would hold further talks with local government employers after rejecting the latest pay offer. Some union members have trashed city centres to strengthen demands for an above-inflation 15 percent salary hike. Annual inflation is running at 8 percent. - New York Times website

Samwu opposed to 13 percent offer - 30 July
Samwu said on Thursday municipal workers were opposed to the 13 percent wage offer because it is a multi-year offer. - Eye Witness News website

Municipal workers inching towards deal, says official - 30 July
Unions representing municipal workers were inching closer to a wage deal, an official said ahead of a meeting with the employer on Thursday. "We are close. We consulted through the night, also with structures in Samwu [South African Municipal Workers' Union]," said Independent Municipal and Allied Trade Union (Imatu) general secretary Johan Koen. Salga is offering an 11,5% salary increase to be implemented retrospectively from July 1 2009, with a further 1,5% increase from January 1 2010. This results in a 13% increase. At the time disputes were declared with the employer, Imatu was demanding 13% and Samwu 15%. - Mail & Guardian website

Strikers leave chaos in their wake - 30 July
A municipal workers' march through Cape Town on Wednesday started peacefully, but ended with a trail of destruction left by some marchers who smashed advertising boards and rubbish bins and demolished display stands at Cape Town Station. - IOL website

Workers attack Joburg nurses - 30 July
Twelve primary health care clinics were closed in Johannesburg on Thursday due to intimidation of staff by striking municipal workers, the municipality said. "The city was forced to shut 12 of its 87 primary health care clinics on Thursday, following reports of intimidation of non-striking health workers," said City of Johannesburg spokesman Nthatisi Modingoane. - IOL website

Cabinet condemns violent protests - 30 July
Cabinet has condemned the violence, vandalism and intimidation that has marked the ongoing municipal strike and community protests, Minister in the Presidency Collins Chabane said on Thursday. Briefing the media after Cabinet's fortnightly meeting on Wednesday, Chabane said government would guarantee the right to protest as long as protesters behaved peacefully. - IOL website

Breakthrough in municipal wage talks - 30 July
A settlement has been reached - but not yet signed - in municipal workers' wage negotiations, the South African Local Government Association and the Independent Municipal and Allied Trade Union said on Thursday night. - Mail & Guardian website

Unions differ on municipal wage talks - 30 July
The two unions involved in municipal worker wage negotiations appeared to differ on the state of talks with employers, which looked set to continue into Thursday night. - IOL website

Municipal strike over? - 30 July
A settlement has been reached and the municipal strike was over, the Independent Municipal and Allied Trade Union said on Thursday night. But the SA Municipal Workers Union has denied it. - IOL website

SAMWU insists no agreement has been reached - 31 July
The South African Municipal Workers'  Union remains adamant an agreement to end the municipal workers strike has not yet been reached. The South African Local Government Association and the Independent Municipal and Allied Trade Union both say a deal was struck on Thursday night and the agreement will be signed on Friday afternoon. - Eye Witness News website

Wage agreement angers workers - 31 July
Municipal workers in Joburg have branded their leader, Petrus Mashishi, a traitor - as news spread that unions have acceded to their employer's revised offer of a 13 percent wage increase. Not even news that their union leaders were now pressing for the implementation of the 13 percent in full from July 1 could appease the irate workers, mostly affiliated to the South African Municipal Workers Union (Samwu) - of which Mashishi is the president. - IOL website

Cape could spend R100m on salaries - 31 July
The City of Cape Town will have to fork out at least R100-million for salaries should striking municipal workers accept the 13 percent wage increase on offer. - IOL website

See also : Municipal Management and Procedure. Ethekwini

South African Broadcasting Corporation (SABC)

Nationwide SABC worker stay away begins - 29 July
A nationwide stay away by striking SABC workers began on Wednesday, the Communication Workers' Union (CWU) said. The stay away is set to continue to Thursday and will include pickets by workers at SABC offices, said CWU national collective bargaining co-ordinator Vulture Ntukuli. - IOL website

SABC picket to affect broadcasts - 30 July
There is chaos at the SABC's Johannesburg offices this morning. Staffers demanding higher wages are picketing outside the broadcaster's Auckland Park offices near the city centre – and are intimidating other staff members who reported for work. The strikers have also allegedly prevented interviewees for live shows from entering the building. And SABC2's current affairs show Morning Live started 40 minutes late today, apparently after staff walked off set moments before broadcast. - The Times website

Union accepts SABC's offer - 30 July
The SABC on Thursday settled a wage dispute with one striking union. The public broadcaster and the Broadcasting, Electronic Media and Allied Workers' Union (Bemawu) agreed to an immediate 8,5 percent wage increase. "It's 8,5 percent plus a further 1,5 percent for which there will be an announcement on Friday, plus a right to negotiate a further 2,2 percent at a later stage," said Bemawu president Hannes du Buisson. - IOL website

Cosatu support striking SABC workers - 31 July
The Congress of SA Trade Unions (Cosatu) on Friday declared its support for striking SABC workers. "Whilst the federation understands the financial problems facing the public broadcaster, the workers cannot be expected to pay the price for the management's incompetence and greed by accepting a cut in wages, after an increase had already been negotiated," Cosatu spokesperson Patrick Craven said. - IOL website

Transport

Metrorail strike suspended - 27 July
A strike by Metrorail workers was suspended on Monday after a new wage offer was tabled, union officials said. The strike notice issued last week was suspended after the Passenger Rail Agency of South Africa tabled a new offer on Sunday night. South African Transport and Allied Workers' Union (Satawu) sector coordinator Lubabalo Tinzi said the employers were now offering an 8% salary increase. - Mail & Guardian website

Union mulls over 'more reasonable' offer  - 28 July
A new wage offer by the Passenger Rail Agency of SA was "more reasonable" but workers still needed to accept it, the United Transport and Allied Trade Union (Utatu) said on Tuesday. "We will 'suspend' the strike, not call it off completely, as there are still issues of concern in the agreement which will have to be changed," Utatu general secretary Chris de Vos said in a statement. - Business Report website

Land Affairs and Property

Property sector : home loan criteria - 28 July
Interview with Dr Willie Marais, national president, Institute of Estate Agents of South Africa and Felicity Duncan on the Moneyweb website

Gandhi S Africa house up for sale - 27 July
A house in South Africa where Indian leader Mahatma Gandhi lived in the early 1900s has been put up for sale. Gandhi is thought to have lived there for three years from 1907 - when he began to formulate his philosophy of non-violent resistance. He lived in South Africa for 21 years, working as a lawyer and activist. - BBC News website

Gandhi SA home attracts flurry of potential buyers - 31 July
Mahatma Gandhi's former home in a quiet Johannesburg suburb has attracted a flurry of potential buyers from around the world, the current owner said on Friday. - Mail & Guardian website

Timeline : Gandhi in South Africa
Guardian website

Residents resume Sentinel sale protest - 29 July
The residents of Hangberg in Hout Bay has given the national government seven days to respond to a memorandum of demands, after resuming their protest against the sale of the Sentinel mountain. - IOL website

'Sentinel' auctioneers reassure Hangberg residents - 30 July
Cape Town  auctioneering company says it has spoken to a  Hout   Bay  community about a piece of land that is up for sale near their homes. In July, Hangberg community members prevented the auction of the  Sentinel   Mountain Peak  in the harbour town. Julius Buchinsky group auctioneer Shlomo Bitton said on Wednesday they had received a R10, 5m offer on the property. The owner had a week to decide whether to accept the offer. - Eye Witness News website

Development

'Prime KZN land was going for $1' - 29 Juyl
Prime coastal land in KwaZulu-Natal was to be sold to a developer for US$1 (R7,89) by the government of former premier S'bu Ndebele, says the suspended head of agriculture and environmental affairs, Modidima Mannya. Mannya makes the claim in an open letter to Ndebele about goings-on in the department, in which he was found guilty of unethical behaviour. - IOL website

Land Claims and Expropriation

Land repossessions threaten hundreds of black farmers - 24 July
Hundreds of South Africa's emerging black commercial farmers could face eviction in the next few months because of their inability to service government loans to buy the properties, granted under the land reform programme. In July the state-owned Land Bank, which provides financing and advice to black farmers and is pivotal in addressing racially skewed land ownership, told parliament that more than 350 farms would have to be repossessed if the non-payment of loans continued. - allAfrica website

S Africa govt to review 'use or lose' land policy - 30 July
South Africa may scrap its policy of taking back farms deemed unproductive after they were given to blacks under a land redistribution programme, a government spokesman said on Wednesday. The policy has been heavily criticised by some farmers' unions, who argue it worsens tensions over the land issue between unions, the government and land reform beneficiaries. - Reuters website

Media

Britain's Guardian to apologise to Zuma - 30 July
President Jacob Zuma will receive an apology from The Guardian newspaper in open court in London today. The newspaper was taken to task by Zuma's legal team dealing with his defamation lawsuits against several media houses over an article on March 6 entitled : "Get used to a corrupt and chaotic South Africa. But don't write it off". The newspaper has already publicly apologised for calling Zuma a rapist and guilty of corruption. It will now also pay "substantial damages" to Zuma, although the amount is being kept under wraps. - The Times website

South Africa's Zuma accepts libel damages from UK paper - 30 July
South African President Jacob Zuma accepted "very substantial damages" from Britain's Guardian newspaper over an article that wrongly suggested he was a rapist, his lawyers said on Thursday. The March article, headlined "Get used to a corrupt and chaotic South Africa. But don't write it off" also alleged Zuma was guilty of corruption and bribery arising out of his involvement in a $5 billion arms deal. - Reuters website

30 July 2009
President Zuma welcomes United Kingdom court ruling
SA Government Information website

Zuma assures editors about media freedom - 24 July
President Jacob Zuma has assured editors that the South African government will work to promote freedom of expression and media freedom on the African continent. President Zuma met with The African Editors Forum (TAEF) on Friday where he listened to concerns raised by the body on issues of media freedom on the continent. TAEF requested the meeting to brief the new administration on the challenges currently facing journalists in Africa. - BuaNews Online website

Print media ownership needs transformation : MDDA - 30 July
"Trends of ownership and control of media in South Africa". - Politicsweb website

Minerals and Energy

NGOs helping world tribunal to uphold human rights in SA mining legislation - 27 July
Four non-governmental organisations (NGOs) had joined together in seeking to assist the international arbitration tribunal in interpreting the relevant South African mining legislation in light of the country's constitutional and international human rights obligations, Wits University's Centre for Applied Legal Studies (CALS) said on Monday. Lodging a public-interest intervention request in the case of Piero Foresti, Laura de Carli and others versus the Republic of South Africa, a coalition of NGOs, including CALS, said that a group of European investors' claimed that the South African government had taken away their mineral rights without providing adequate compensation, prompting an action that could have "enormous ramifications for the millions of people left marginalised by the policies of the apartheid era, as well as for South Africa's mining industry". - Creamer Media's Mining Weekly website

See :
SA mineral-law claimants stick to their 'expropriation' guns - 1 April
Creamer Media's Mining Weekly website
[Words and Deeds - 9 April 2009]

Locals must benefit from mining : study - 28 July
After more than 100 years of mining, which saw the extraction of billions of dollars of diamonds, the communities in the West Coast region around Alexander Bay were dogged by unemployment, substance abuse, high suicide rates and lack of infrastructure development, a new research study by the Bench Marks Foundation has shown. - Business Report website

See :
Corporate Social Responsibility in the Diamond Mining Industry on the West Coast of South Africa. 2009 [link on right hand side]
Bench Marks Foundation website

Harmony gets the nod on Pamodzi buy - 24 July
The Industrial Development Corporation, the National Union of Mineworkers and Solidarity had all given their approval on Harmony Gold's acquisition of Pamodzi Gold's Free State gold mine, joint provisional liquidator Enver Motala of SBT Trust said. - Business Report website

Chinese, locals bid Pamodzi Gold's Orkney, Harmony wrapping up Free State - 30 July
Two strong bids were in for Pamodzi Gold's provisionally liquidated Orkney gold mine ; Harmony Gold's takeover of Pamodzi's Free State gold assets was imminent ; and a Chinese organisation was showing interest in both Orkney and Pamodzi Gold's East Rand gold assets, Mining Weekly Online learnt on Thursday. - Creamer Media's Mining Weekly website

Pamodzi still optimistic about funds - 31 July
Embattled South African junior gold miner Pamodzi Gold on Friday advised that the directors of the company were continuing efforts to recapitalise the company with fund-raising efforts. This statement to the JSE followed media reports that the company's management may have secured support from a Chinese investor to buy its Orkney and East Rand mines. - Business Report website

Municipal Management and Procedure

Cape Town

Exploit properties better -30 July
The Cape Chamber of Commerce has called on the City Council to outline its plans for the development of key areas of the City such as Culembourg, District Six and the old Youngsfield and Wingfield aerodromes. Jeremy Wiley, President of the Chamber, says that the V & A Waterfront had been a huge success attracting about 20 million visitors a year while Culembourg remained an eyesore. "Surely it is now time to look more critically at the Culembourg precinct which has the potential to become a much more efficient public transport hub for the CBD, a mixed use development zone and an efficient extension of port activities". - Cape Business News website

Writers of the World Unite Your Graffitti - 29 July
To : The City of Cape Town. The new, proposed graffiti by-law criminalizes all forms of public art and violates our personal right to freedom of expression on private property. It makes no distinction between vandalism and public art that is done with the permission of the owner of the property . . . We, the undersigned, urge the City of Cape Town to amend this by-law to become a more inclusive one and thus limit the damage it can potentially do to the creative growth of our city. - Hugh Hodge @ Book Southern Africa blog

Ethekwini

Press Release : EThekwini Municipal Workers Strike

This press release was emailed out at : 27 July, 2009 20:13

The eThekwini Municipality wishes to apologise to citizens for the decision by both municipal unions IMATU and SAMWU to embark on strike action following a deadlock in wage negotiations. The municipality wishes to assure ratepayers that no municipal essential services will be affected by the strike. City Manager, Dr Michael Sutcliffe, said that despite almost 14% of municipal staff having heeded the call to stay away starting today, 27 July 2009, there have been no disruptions to services or intimidation to non-striking workers that have been reported.

Wage negotiations which resulted in a revised offer by the employer were held over the weekend. Metro Police, Senior Superintendent, Joyce Khuzwayo, said that all Metro Police departments and functions were running as normal and members who were absent were either on sick leave or annual leave which were requested or taken long before the decision for strike action.

Fire and Emergency Services also reported a full turnout of staff and no incidents of intimidation were reported. While refuse collection services were delayed when workers were waiting to hear from their unions, there were no major disruptions reported. Water and Sanitation, Health as well as Electricity services were not affected by the strike.

For more information, contact, Dave Cloete, Head: Human Resources on 031-311 3001.

Issued by Communications and PR Unit. Sindy Mtolo - 031-311 2279 or email mtolos@durban.gov.za

 

City Manager's Newsletter : Durban Transport - 27 July

Over the past two years, commuters depending on Durban Transport have not had an easy ride.  We have had many reports of service levels being erratic, some drivers being problematic, management not dealing with issues timeously and, generally speaking, fairly poor communication.  Government has also come in for stick, and collectively we must take responsibility for the fact that subsidies were stopped by national government late last year and only reintroduced after court action, escalations over the past five years have not kept up with inflation, let alone fuel prices, and now the national government subsidies have been further reduced.

It is not widely know that eThekwini has had to make up much of these shortfalls.  Whilst subsidizing Durban Transport should have been split with eThekwini only absorbing 25% of the total subsidy costs,  we have ended up paying roughly 50% of the total subsidy with national and provincial government paying the remaining 50%, instead of them paying 75% as agreed to in 2003.

Given that some 40 000 commuters, out of over 600 000 commuters, depend on Durban transport on a daily basis, these challenges have become symptomatic of a public transport industry requiring fundamental overhaul.  It is very easy to point fingers but our own work shows that in subsidy terms alone we actually need almost five times as much money to adequately subsidise the system as a whole (buses, taxis, trains) so that it can operate economically, effectively and efficiently.

Having published our plans for an integrated transport system a few years ago, we have been working hard to develop a model which would work and is sustainable.  It is clear there is massive duplication in the existing system with different modes competing for passengers on some routes, but not serving passengers properly on others.  There are many inefficiencies in the system and some routes have become downright dangerous.

We are working on a hub-and-spoke system where taxis and buses collect people locally and move them to ‘hubs’ from where they can travel safely and quickly on routes which can take large volumes of people  economically and efficiently.   In the short-term this will mean that we will have to reduce some routes and on others, where ridership is low on buses for example, we would have to look at midi-buses or taxis taking up the slack.

Our analysis shows that ideally we would require subsidies to increase massively to fund such a system.  But in the short-term we will simply have to cut our cloth to match our resources.  There is no point in continuing a system which we know is simply unsustainable.   This will simply lead to us forever having to use bandaids when we know the system itself needs fundamental overhaul.  Over the next few weeks we hope to start putting in place this system.  It will not be an easy process, but if we are to build a new legacy of having an integrated public transport system we will need to start now.

Dr Michael Sutcliffe
City Manager

See also : KwaZulu-Natal High Court : Pietermaritzburg

Press Release : Closure of Early Morning Market

This press release was emailed out at : 30 July, 2009 16:35

Yesterday, 29 July 2009, the Early Morning Market Traders Association filed for an interim interdict to prevent the impending closure and demolition of the Early Morning Market. They also wanted the court to grant interim relief to allow all traders to trade at the market, including traders without permits. The traders also requested the court to set aside the decision of the eThekwini Municipal Council to lease the Early Morning Market site to the property developers.

The interim interdict was not granted, and the case was adjourned to a date still to be confirmed by the court, to give other interested parties an opportunity to file papers regarding the case.

There are two separate orders that have been granted by the court. In the first instance, the court had granted an order that only traders with permits or lease agreements be allowed to trade at the market. In the second instance, an order was issued that indicated that barrow operators need to submit their barrows to the City  for inspection and approval within ten days of the court order.

The City would like to place on record that at all times the City has been in full compliance of the court order. The City will continue to enforce the prior court order issued on 16 June, which states that only traders with permits be allowed to operate at the market.

The rule of law will be followed with regards to the eviction of the market traders and relating to all affairs of the management of the market. The City  will on the 1 August 2009 consider the situation regarding the closure of the market and take action based on advice from its legal advisors.

The City  and other interested and affected parties, including the Chambers of Commerce, eight informal trader organisations operating the City, and the eThekwini Informal Economy Forum, have in the interim submitted supporting documents in favour of the City's position to the provincial task team.

For further information contact Mr Philip Sithole, Head : Business Support Unit. Telephone 083-288 8793.

Issued by the eThekwini Municipality's Communications Department. Telephone Sohana Singh on 031-311 2044 or cellphone 083-309 0207. Email : singhsohana@durban.gov.za

Makeover for Golden Mile - 29 July
Demolition of the Durban beachfront's XL Restaurant is the next step in a R100-million plan to give beach visitors safer access to the ocean ahead of the Fifa World Cup. The head of strategic projects and 2010 planning at the eThekwini Municipality, Julie-May Ellingson, said the decision to expropriate the restaurant taken at Tuesday's municipal Exco meeting was not the "first prize". "Our intention wasn't to expropriate. We would rather have had early termination of the lease. But the asking price is out of the market value and we couldn't afford to agree to that amount". - IOL website

National Prosecuting Authority

See also : North Gauteng High Court

South African Police Service

ANC shocked by blatant lies published regarding Cele - 28 July
The ANC in KwaZulu-Natal is shocked to read the blatant lies published in today's front page Mercury story titled "Cele set to become SA's top cop" (28 July 2009). This newspaper alleges that the Province's Executive Committee (PEC) had in yesterday's meeting discussed the need to replace the
MEC for Transport and Community and Safety Liaison Bheki Cele following his alleged impending appointment as national police commissioner. - The Richmark Sentinel website

Bheki Cele named SA's new police chief - 29 July
Bheki Cele has been appointed South Africa's new police boss. He replaces embattled former police national commissioner Jackie Selebi, whose contract expires on Friday. Cele, KwaZulu-Natal minister for community safety and who is known for his no-nonsense approach to crime, was announced as national police commissioner by President Jacob Zuma on Wednesday afternoon. - Mail & Guardian website

New top cop warns criminals - 29 July
Tough talking new National Police Commissioner Bheki Cele had some hard-hitting words for criminals as he took up the position of the country's top police officer on Wednesday. - BuaNews Online website

Cele sticks by shoot to kill sentiment - 30 July
Incoming police commissioner Bheki Cele said on Wednesday he stands by his earlier controversial statements that police officers should 'shoot to kill'. - Eye Witness News website

See also : KwaZulu-Natal

Sport and Recreation

Cricket war is 'race and greed' - 25 July
The spat between Cricket South Africa (CSA) and the Gauteng Cricket Board has become a race issue. Yesterday, Sports Minister Makhenkesi Stofile, whose department has been asked to intervene in the increasingly acrimonious dispute, blamed a lack of transformation and greed. Stofile told Sapa he had received a report from the CSA and documents pertaining to its correspondence with the Gauteng Cricket Board (GCB) and was now awaiting a report from the GCB outlining its grievances. - IOL website

Gauteng Cricket Board comes under more fire - 27 July
The Gauteng Cricket Board (GCB) is preparing to meet with the Sports Minister Makhenkesi Stofile over its row with Cricket South Africa (CSA). But now it finds itself facing a second battle. A group of 15 clubs, describing themselves as the Concerned Cricket Fraternity of Gauteng, sent a memorandum to the GCB, Stofile and Gauteng Premier Nomvula Mokonyane complaining about a lack of transformation in the game. - Eye Witness News website

Cricket world spat worsens - 31 July
Cricket  South Africa's board of directors has rejected the "unwarranted attacks" by the Gauteng Cricket Board on CSA and its Chief Executive Gerald Majola. It insists the GCB also breached protocol by writing a letter to the  England  and Wales Cricket Board outlining details of the dispute. - Eye Witness News website

Taxation Law

New Sars head set to plumb tax depths - 30 July
The new head of the South African Revenue Service (Sars) has a degree in oceanography and chemistry. Cabinet on Thursday announced the appointment of Oupa Magashula, 47, as Sars' new commissioner. Magashula, who has been acting commissioner since his predecessor, Pravin Gordhan, became Finance Minister in May, will officially take office on August 1. In a statement, Sars said Magashula had been with the organisation since 2006, when he was appointed head of its human resources and corporate services. He also served on the Sars' executive committee. - IOL website

Tax breaks on properties: transferring your property out of a company, Competition Commission - 27 July
Interview with Deborah Tickle, member, SAICA’s National Tax Committee and Alec Hogg on the Moneyweb website

Transport and Roads

Red Cross faces heavy criticism from aviators - 27 July
Small aviation operators are furious that the Red Cross Society is being allowed to continue operating without a licence. The Civil Aviation Authority has conducted air safety oversight inspections and found some shortcomings with the Red Cross’ Air Mercy Service. - Eye Witness News website

Exposed : deadly taxi racket - 25 July
More than 4000 deathtrap taxis - some of which have already caused grisly deaths - have been let loose on South Africa's roads by banks, car dealers and the Department of Transport. Seats are bolted onto the paper-thin steel floor instead of being fixed to the chassis, windows cut into the van weaken the structure and there is no rear roll bar. Roofs crumple on impact and seats rip loose, hurling passengers to their deaths, according to a notice sent to banks last year by private vehicle investigation firm International Vehicle Identification Desk (Ivid). Now minister of transport Sbu Ndebele has vowed to make it a priority to pull these unsafe vehicles off the road. - The Times website

Illegal taxis could ruin their owners - 25 July
The government is to slowly start cracking down on the illegal conversions by pulling them off the road. Transport minister Sbu Ndebele confirmed as much this week when he told the Sunday Times that "there’s no time that you can say to the police that we're allowing unroadworthy vehicles because we have a grand plan. That's not our approach". - The Times website

Taxi body takes legal steps against dealers - 31 July
The South African National Taxi Council is considering taking criminal and civil action against dealers who sell unsafe converted taxis, a spokesperson said on Friday. Secretary general Philip Taaibosch said many members had found themselves in a difficult situation after innocently buying vehicles from unscrupulous dealers who had illegally converted them. - Mail & Guardian website

Avoid roadblocks, Roadlink drivers told - 30 July
A trade union that represents drivers of bus company SA Road Link has alleged that drivers are being instructed to use alternative routes, off the major highways, in order to avoid police roadblocks. - IOL website

Miscellaneous

Rivonia Trial accused meet under one roof - 29 July
A reunion of four surviving Rivonia Trial accused including Nelson Mandela was held on Wednesday in Johannesburg, the Nelson Mandela Foundation said. "Ah, the big shots are here," Mandela said when he saw Andrew Mlangeni, 84, Denis Goldberg, 76, and Ahmed Kathrada, 79, who came to the former president's office in Houghton. The four were sentenced to life for sabotage on June 12, 1964. - IOL website

The Firewalker treads the CBD - 30 July
The sculpture consists of large black and white metal plates, positioned in layers. The plates are evocative of torn bits of paper. Walking around the sculpture provides a multitude of broken images, until at one point all the images come together, and The Firewalker comes alive as a woman walking, bundled up, with a burning brazier on her head.Artist William Kentridge, in his trademark white shirt, charcoal jacket and panama hat, was present to witness the unveiling of the sculpture he created together with Gerhard Marx. - Johannesburg official website

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