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

14 August 2009

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

InfoUpdate 18 of 2009
Recent Judgments

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

KwaZulu-Natal High Court : Pietermaritzburg (previously Natal Provincial Division) http://www.saflii.org.za/za/cases/ZAKZPHC/ ; Court rolls via http://www.lawlibrary.co.za/notice/highcourts/index.htm and http://www.saflii.org/blog/?page_id=190

Magistrate's case settled - 14 August
Judge Sharmaine Balton granted an order in the high court yesterday confirming a settlement agreement, which effectively ends a legal dispute between Pietermaritzburg magistrate Ashin Singh and Justice authorities that has spanned almost a decade. In terms of the order, Singh was effectively given leave to withdraw his civil damages claim against the Justice and Constitutional Development minister, with each party agreeing to pay its own costs, but on stringent conditions that effectively ban Singh from repeating or making fresh allegations against officials whose names are listed in the settlement agreement. The agreement provides that if Singh reneges on the agreement, he can be held liable for the state's costs. In exchange for Singh's "irrevocable undertaking" and withdrawal of his application for leave to appeal, the state also agreed to waive a recent punitive cost order granted against Singh by Jacob Zuma trial Judge Chris Nicholson. - Witness website

Buses battle still rages : new operator takes union to court - 27 July
Durban's beleaguered bus service is being held to ransom by a labour union while thousands of commuters remain stranded. Transnat Africa, the newly appointed operator of the municipal bus service, will go to the Pietermaritzburg high court this morning to seek an interdict against the Transport and Allied Workers Union (Tawusa) for “withholding labour”. Transnat wants to employ only the number of bus drivers it needs for the limited service it has been contracted to provide, but the union wants the company to employ all 1000-plus workers that were retrenched by the previous operator. - Sowetan website

Tansnat wins interdict - 27 July
The Pietermaritzburg High Court has granted Tansnat, Durban's new bus company, an interim interdict preventing union Tawusa from withholding its labour. - East Coast Radio blog

Union ordered to end intimidation - 28 July
The Pietermaritzburg High Court granted an interdict yesterday forbidding members of the Togetherness Amalgamated Workers Union of SA (Tawusa) from intimidating workers seeking jobs as drivers with Durban’s new bus operator, Transnat Africa. This has paved the way for the interrupted bus service to resume operations this week. - Business Day website

See also : City Manager's Newsletter : Durban Transport - 27 July

Boswell could face criminal charges - 7 August
Environment MEC Lydia Johnson has questioned whether zookeeper Brian Boswell is "fit and proper" to be granted permits to run his zoo, lion park and circus, and has ordered the local conservation authority, Ezemvelo KZN Wildlife, to consider laying criminal charges against him. She also criticised Ezemvelo officials for not doing things by the book and set aside certain conditions it attached to Boswell's permits, saying they "fell short of the law". - IOL website

Reprieve for circus boss over 'cruelty' - 8 August
Zoo and circus owner Brian Boswell, accused by wildlife authorities of animal cruelty, is off the hook - for now. Ezemvelo KZN Wildlife, which alleged that Boswell kept animals at his Camperdown Lion Park and Zoo in "intolerable and appalling conditions", was found on Thursday to have flouted procedure when it imposed restrictions on his permits and licences. Lydia Johnson, the MEC for agriculture, environmental affairs and rural development, ordered that the restricted permits issued to Boswell be set aside and re-issued. But Johnson, concerned about the "disturbing picture" of "cruel and inhuman" animal neglect, has ordered Ezemvelo to lay criminal complaints against Boswell. - The Times website

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