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
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

Arms and Ammunition

Questions raised over arms deals - 3 August
Opposition parties have called on Parliament to investigate the committee that authorises arms deals with overseas countries. The National Conventional Arms Control Committee is responsible for giving local businesses the green light to sell weapons and ammunition. DA Member of Parliament David Maynier said local businesses have, for the past year, been selling weapons to nations with a questionable track record. " Libya, Syria and Venezuela. Stop the export of weapons systems or military support equipment if it has not already been delivered", Maynier said adamently. Independent Democrats leader Patricia De Lille insists that the arms control body needs to be accountable for its actions. - Eye Witness News website

State remains mum on DA's arms deal claims - 4 August
The state maintained a stony silence on Monday in the face of allegations by the DA that sales of weaponry and military equipment to countries with dubious human rights records had gone ahead unprocedurally. - IOL website

ANC wants DA arms deal whistleblower’s head - 12 August
The ANC has demanded a Democratic Alliance MP, who has made explosive claims that  South Africa  was selling arms to so-called rogue states, removed from Parliament's Portfolio Committee on Defence. David Maynier earlier this month revealed South Africa  was selling arms to several countries, including  North Korea , which is on the United Nations' embargo list. ANC MP Stella Ndabeni demanded Maynier reveal how he obtained sensitive information on  South Africa 's various arms deals. He has refused to give up his sources. - Eye Witness News website

See also : Eastern Cape High Court : Mthatha

Communications

New law to regulate MXit - 7 August
Children would be protected from abuse on social networking sites such as MXit if President Jacob Zuma approves amendments to the Film and Publications Act. The Film and Publications Board is waiting his approval. The board passed the amendments to the act before the Parliamentary Portfolio committee in 2008 to protect minors from improper activities that take place in the chat rooms of social networking site MXit. - IOL website

Rasethaba's legal mind keeps her focused - 8 August
It was her cousin, then Webber Wentzel attorney Phineas Mojapelo, who set Ouma Rasethaba, Telkom's chief of governance,firmly on a legal path. Mojapelo, now Gauteng deputy Judge President, inspired the young Rasethaba through his well-considered opinions and his constant emphasis on fact rather than rumour. Rasethaba become an advocate, sharing offices and costs with a pool of other advocates in chambers in Johannesburg. Just 18 months later Rasethaba's career took a sharp turn and she joined the Road Accident Fund, sitting on the other side of the third-party claims fence. Her past experience served her well in the new role and she soon found her talents being sought for an even more challenging role as a member of the National Prosecuting Authority (NPA). "I stayed more than six years with the NPA before I was head-hunted by Telkom". - The Times website

SABC's surprise debtor - 3 August
National and provincial government departments owe the SABC more than R300-million in advertising fees. The money is owed for airtime sales, outdoor broadcast ventures and advertising on both television and radio. The government - sole shareholder in the public broadcaster - could ease the cash flow crisis crippling the SABC by simply paying up. - The Times website

Copyright

The creativity of the Commons - 4 August
I’ve been playing around in the Creative Commons for the last couple of days and I’m blown away by the treasures that lurk here. For those that don’t know Creative Commons is essentially a public license to freely use work produced by others, generally with an attribution to the original author/creator of the work. Creative Commons is also a non-profit organisation which is dedicated to allowing others to legally use the creations of others. - Grub Street blog

Correctional Services

Call for fresh Shaik probe - 11 August
Questions have surfaced again about the "terminally ill" Schabir Shaik, after he was seen driving about in his black BMW on Monday. Shaik was released five months ago on medical parole as someone who was "in the last phase of terminal illness". But on Monday, DA councillor Dean Macpherson saw him behind the steering wheel of his BMW in Durban's Morningside suburb. It was reported last month that Schabir Shaik had attended his wife Zuleikha's birthday party at a French restaurant in Umhlanga. City Press also remarked in Siyahleba, its political column on Saturday, that Schabir Shaik was seen in his car at a fuel station close to his home on Friday, joking around with petrol attendants. - News24 website

'We can't force him to die' - 11 August
Schabir Shaik is entitled to "move around" Durban during his free time on weekends and public holidays, according to the KwaZulu-Natal Department of Correctional Services. - IOL website

11 August 2009
Correctional Services responds to questions on Mr Shaik's parole
SA Government Information website

Shaik denies breaking parole - 12 August
Convicted fraudster Schabir Shaik has called allegations that he broke the conditions of his parole by driving around in Durban's Musgrave area a "total fabrication". This is according to Thami Zondi of the KwaZulu-Natal Department of Correctional Services, in response to a video that shows Shaik entering his Innes Road home on Monday afternoon. It also emerged that Shaik is allowed out of his home at specific times to do his shopping and other errands. Zondi said the only time during which Shaik is allowed to leave his home is on a Saturday afternoon between noon and 16:00. - News24 website

Shaik spotted on midnight jaunt : report - 14 August
Convicted fraudster Schabir Shaik was spotted just after midnight at a 24-hour petrol station shop in Durban recently, according to the Mail & Guardian. - The Times website

Shaik spotted playing golf : report  - 12 August
Convicted fraudster Schabir Shaik - out on medical parole with a supposedly terminal illness - has been spotted playing golf at various clubs around Durban, according to a Johannesburg newspaper. - The Times website

See also :
Great Train Robber Biggs released
Lockerbie bomber 'to be released'

Courts

Branch courts turned into full service courts - 12 August
Fifteen branch courts across the country are now enjoying the status of being full service courts with improved access to the justice system following the extension of their services. As of Tuesday, the branch courts started to offer full services to communities in townships and rural areas, who had no access to justice services offered by the main courts located in the historically urban and developed areas. The 15 branch courts being converted in this current phase are located in seven of the nine provinces including Eastern Cape, Limpopo, KwaZulu-Natal and Mpumalanga, three in Gauteng, six in Northern Cape, and two in the Western Cape. - BuaNews Online website

12 August 2009
Justice re-designates branch courts into full service court
SA Government Information website

Criminal Justice System

New system minimising docket theft - 7 August
No less than 668 SAPS dockets have gone "missing" during 2008 and 2009, up a staggering 56 percent. This statistic was released by DA MP and spokeswoman for safety and security Dianne Kohler Barnard earlier in 2009 in reply to a question in Parliament. Figures for lost or stolen dockets have increased over the years from 382 dockets in 2005 and 2006 to 427 in 2007 and 2008 to 668, which translates to an average of almost two dockets disappearing a day. But in a bid to curb this the SAPS has rolled out a pilot e-docket system across a number of police stations. - IOL website

Education

'Knife boy should be expelled' - 13 August
A group of Durban parents, concerned for the safety of their children, are trying to prevent a 13-year-old boy from returning to school on Monday. He allegedly threatened pupils with a knife in class. The Grade 7 pupil from Kenmont Junior Primary School on the Bluff, was suspended last week after allegedly running through his class, brandishing a knife at fellow pupils. The July 25 incident was captured on closed-circuit television cameras. Parents were angry that the Education Department was refusing to expel the boy, despite him being reported for other acts of violence and sexual harassment. - IOL website

'It's horrible to hurt a young man' - 5 August
The mother of a boy at the centre of a row between the Education Department and his school believes he is being victimised. The suspended 13-year-old is waiting to hear whether he can return to school. His mother is waiting for feedback from the Department of Education and the school's governing body is waiting to hear whether its application for an interdict to prevent the boy from returning to school is successful. The young boy's mother is disgusted with the way the school has handled the matter and firmly believes her child is being victimised. "My son is disillusioned and upset. He's seen two social workers and a psychologist. Psychologically they are messing him up. Even a criminal gets a better chance than he has been given. He says other people interfere with him and he gets picked on," said the mother. The knife incident took place on May 29 and he has not returned to school since. In the interim, a disciplinary hearing was held and the school suspended him for five days. A well-placed department official said the boy had been diagnosed with a condition and was receiving treatment. - Daily News website

Kenmont reaches pupil settlement - 13 August
Kenmont Junior Primary School, on the Bluff, has reached a settlement with a 15-year-old pupil who allegedly stabbed a fellow pupil with a pair of scissors in June. At a recent meeting with the boy's parents, it had been agreed that they would remove him from the school by the end of the year. - IOL website

Environment

Government group poisons trees : report - 4 August
About 150 yellowwood trees, an endangered species and the national tree of South Africa, were chopped down and poisoned in the Drakensberg because a government environmental group mistook them for black wattle trees, a report said on Tuesday. The yellowwood trees that were destroyed were between 50 and 100 years old, Beeld newspaper reported. The Working for Water initiative, administered by the department of water affairs and forestry, was created to fight invasive alien plants. - IOL website

Cost of nuclear demo plant soars to R31bn  - 3 August
The cost of Pebble Bed Modular Reactor's (PBMR's) demonstration plant and pilot fuel plant had almost doubled to R31-billion as a result of inflation and higher materials costs, company chief executive Jaco Kriek said last week. Kriek said the demonstration reactor, which would generate 200 megawatts of heat and 80MW of electricity, was now expected to be commissioned by 2018 - four years later than previously expected. The plant has yet to receive environmental clearance. - Business Report website

Breathing earth simulation
This real-time simulation displays the CO2 emissions of every country in the world, as well as their birth and death rates

Diary : R W Johnson - 6 August
In early March, while staying at our holiday cottage in Trafalgar on the KwaZulu-Natal south coast, I went swimming, as has been my habit for many years, in the idyllic Mpenjathi lagoon. As I neared the shore I hit my foot painfully on a submerged rock ; a quick inspection showed that several toes were bleeding. The bleeding soon stopped but the next day my whole foot was sore. I tried to ignore it but matters rapidly got worse and soon I was running a fever and felt so ill I was giddy and unsteady on my feet. I had necrotising fasciitis, caused by flesh-eating bacteria which rapidly invade and poison the body. Almost certainly the reason the lagoon was polluted with such a deadly organism was to do with the dumping of raw sewage by communities living upriver. - London Review of Books website

Finance

Mboweni : no such thing as a popular governor - 8 August
Many have tried to undermine the SA Reserve Bank (SARB)'s independence, outgoing-governor of the bank Tito Mboweni said on Saturday evening. He was addressing his farewell dinner held at the SARB's headquarters in Pretoria. Mboweni added that a central bank should be able to perform its function without "fear, favour or prejudice".  - Mail & Guardian website

Parting shots from Mboweni  - 10 August
Many have tried to undermine the South African Reserve Bank's independence, outgoing Governor Tito Mboweni said on Saturday evening. - Business Report website

Foreign Policy

Back to school for Skweyiya, Balfour and Leon - 3 August
Two former Cabinet ministers and an opposition leader will begin training as  South Africa ’s chief envoys in key diplomatic posts on Monday. Fierce speculation about their appointments has forced the International Relations and Cooperation Department to announce their appointments a little earlier than it would have liked. The statement does not name Skweyiya as heading to  London , Balfour destined for  Gaborone and Leon taking up a post in Buenos Aires. The statement also does not mention Pallo Jordan, who has been tipped to become ambassador to the United Nations. - Eye Witness News website

3 August 2009
Diplomatic training commences for Ambassador designates Skweyiya, Balfour and Leon
SA Government Information website

Buds of promise in political landscape despite rough winds - 7 August
My recent appointment as a South African ambassador-designate brings to an end my column-writing for this newspaper and its sister publication, The Weekender. - Tony Leon on the Business Day website

Government

Cabinet wants to change perceptions about govt - 14 August
Cabinet said on Thursday it was concerned about public concerns government was ’living large’ while citizens were feeling the pain caused by the economic downturn. Minister of Finance Pravin Gordhan tabled a draft report aimed at addressing these concerns. A ministerial task team has been set up to look at reprioritising spending to increase the impact of the budget. - Eye Witness News website

State studying Gordhan’s report - 14 August
Finance Minister Pravin Gordhan has tabled his first draft report to Cabinet on how the state can “reduce wastage” in its operations. - The Times website

Zuma in new bid to rein in cities, provinces - 14 August
The government is designing the necessary legislative framework to allow national government to intervene in provinces and municipalities when dealing with graft and non performance. Under the system - dubbed a "tool in the hands of the president" - early warning systems would be put in place to deal with issues in provinces and municipalities before these spiral out of control. - Business Day website

13 August 2009
Statement on the meeting by President Jacob Zuma with Premiers and Mayors
SA Government Information website

Zuma opposes call for debate on race - 14 August
President Jacob Zuma says a debate on race would take the country backwards, and has called instead for a deeper understanding of non-racialism in the country. - IOL website

Health

Public urged to participate in NHI process - 11 August
President Jacob Zuma has urged the public to participate in the debates and consultative process around the National Health Insurance (NHI). "Once the consultation process has started, we urge the public to study the proposals, engage in debates and contribute resources, skills and expertise to the final product that will emerge after consultations," the President said. The President added that the NHI will be implemented in a phased manner to allow for consultation, policy making and legislation review. - BuaNews Online website

See also : Bloggers debate British healthcare

Human Rights

Forced circumcision : son takes parents on - 11 August
Tradition is set to be pitted against the constitution in a landmark case around forced circumcision, which is due to go to trial on Monday. Bonani Yamani, now 21, was abducted from his home shortly before dawn on March 3, 2007. He was tied up, taken to the bush, circumcised against his will, then forced to eat the skin taken from his penis. Circumcision is against Yamani's personal religious beliefs, and he subsequently asked traditional leaders for an apology and an undertaking that no one would in future be subjected to forced circumcision. Instead, Eastern Cape Contralesa chairperson Chief Mwelo Nonkonyana was quoted as saying that those who refused traditional circumcision should be ostracised by the community. Yamani's case is being handled on a pro bono basis by the Justice Alliance of South Africa in the Equality Court of the Bhisho High Court in the Eastern Cape. The Congress of Traditional Leaders of South Africa has declared that its position on circumcision - forced or otherwise - would remain unchanged, regardless of what a court may order. - IOL website
Keyphrase :
Bill of Rights

'Forced circumcision' case delay - 12 August
The case – brought to court by the Justice Alliance of South Africa (Jasa) and Bonani Yamani, 21, against his father Lindile Yamani and Eastern Cape Contralesa chief Mwelo Nonkonyana – was postponed to October 12. According to John Smyths, who was to represent Bonani yesterday, the reason for the postponement was that Bonani's father had just hired an advocate who needed to familiarise himself with the case. - Weekend Post website

Social workers take away beggars' children - 5 August
The problem of beggars with children on streets has become so bad in Midrand the police and the Department of Social Development have intervened by arresting parents and taking their children to shelters. The matter went to court and the parents were told that to get their children back they should find someone who would look after them while they (the parents) tried to earn a living. - IOL website

'Sex workers can attend our meetings' - 1 August
Sex workers will for the first time be invited to attend meetings of government's multi-sector Aids body amid talk that the oldest profession in the world could soon be decriminalised. The South African National Aids Council, at its first meeting chaired by Deputy President Kgalema Motlanthe on Friday, resolved to invite sex workers' representatives to its future meetings. - IOL website

International Policy

SA Muslims seek prosecutions for Gaza war - 5 August
Two Muslim NGO's have approached the National Prosecuting Authority, to act against South Africans they claim were involved in war crimes in  Gaza . The groups say there is overwhelming evidence that at least 70 people some with SA and Israeli citizenship carried out operation 'cast lead' last December. - Eye Witness News website

Jewish board slams war crimes claims - 6 August
The Jewish Board of Deputies has hit back at two Muslim NGOs who have approached the NPA to act against South Africans they claim were involved in war crimes in Gaza. - Eye Witness News website

S Africa targets visiting IDF official for prosecution - 11 August
A former South African Cabinet minister and two NGOs are calling for the war crimes prosecution of an Israeli soldier visiting the country. David Benjamin, a former South African who is a lieutenant colonel in the Israel Defense Forces, came to South Africa to speak at three Limmud events on the subject of legal issues of warfare. Activist Zackie Achmat called the invitation of Benjamin, who was the IDF's legal adviser on Gaza from 2001 to 2005, "the equivalent of inviting Sudanese President Ali Bashir to a conference on genocide". - Jewish Times website

Judicial Service Commission, and, Judiciary

Namibia : face to face with Albie Sachs - 7 August
It was a rare moment of touching history when judges, lawyers, journalists and former Namibian exiles spontaneously rose to give a standing ovation to an icon of South Africa's political transformation, Constitutional Court Justice Albie Sachs, in Windhoek on Friday during the launch of a book about legal perspectives on human rights in Africa. - allAfrica website

6 August 2009
Zuma names Sandile Ngcobo as Chief Justice
BuaNews Online website

JZ's Chief Justice 'masterstroke' - 6 August
President Jacob Zuma's choice for the position of Chief Justice has been roundly welcomed. "Justice Sandile Ngcobo has a solid human rights track record. His long and distinguished service as a Justice of the Supreme Court brings with it the experience and the fortitude our country needs to assure that the judiciary remains an independent arbiter for every citizen", said ANC spokesman Jessie Duarte yesterday. The SA Communist Party said Ngcobo had the requisite qualities needed to ensure a "radical" transformation of the judiciary. - The Citizen website
Keyphrases :
African National Congress
Democratic Alliance
Kevin Malunga
Pierre de Vos
South African Communist Party

Hlope loses as Zuma backs Ngcobo as SA's new top judge - 6 August
President Jacob Zuma has nominated Judge Sandile Ngcobo to become South Africa's next Chief Justice, in place of Judge Pius Langa. Announcing this at the Pretoria Press Club on Thursday, President Zuma said that as a graduate of the universities of Zululand, Natal, Georgetown Law Centre and Harvard, Ngcobo would bring a wealth of experience to the task of heading the highest court in the land. - Sowetan website

Zuma looks to Ngcobo as new chief justice - 6 August
President Jacob Zuma has nominated Constitutional Court Judge Sandile Ngcobo to replace Judge Pius Langa, who retires from the position of chief justice later this year. - Mail & Guardian website
Keyphrase :
African National Congress

Ngcobo's nomination to be discussed - 6 August
President Jacob Zuma will meet with the Judicial Service Commission and opposition parties to discuss his nominee for chief justice. On Thursday he named Sandile Ngcobo as his pick to replace Pius Langa when he retires in October. Zuma has to consult with parties and the JSC but he did not necessarily need to take their advice. - Eye Witness News website
Keyphrase :
Pierre de Vos

CV of Justice S Sandile Ngcobo - 6 August
IOL website

Sandile Ngcobo - 6 August
allAfrica website

Too early to tell? - 6 August
Why has President Jacob Zuma decided to appoint Justice Sandile Ngcobo as Chief Justice? What does it say about the ANC and the President’s view on the independence of the judiciary and its role in our constitutional democracy? Justice Ngcobo will serve only 18 months as Chief Justice before President Zuma will again have the opportunity to appoint a Chief Justice - this time perhaps from the four new appointments to be made later this year. - Pierre de Vos on the Constitutionally Speaking blog

Ngcobo nomination draws mixed response - 6 August
Opposition parties expressed regret on Thursday that Deputy Chief Justice Dikgang Moseneke did not get the nod as next chief justice, but still welcomed President Jacob Zuma's nomination of Sandile Ngcobo for the post. - IOL website
Keyphrases :
African Christian Democratic Party
African National Congress
Democratic Alliance
Inkatha Freedom Party
South African Communist Party

Zuma's pick for Chief Justice 'objective' choice - 7 August
President Jacob Zuma’s nomination of Constitutional Court Judge Sandile Ngcobo to replace Judge Pius Langa, who retires as Chief Justice later this year, has been welcomed – with reservations. Opposition parties expressed regret yesterday that Deputy Chief Justice Dikgang Moseneke did not get the nod as the country's next top judge, but still welcomed Zuma's choice of nominee. They also expressed relief that at least his nomination "eliminates controversial Cape Judge-President John Hlophe from the race". Explaining his choice in Pretoria yesterday, Zuma said he had taken the decision "objectively". - Weekend Post website
Keyphrases :
African Christian Democratic Party
African National Congress
Democratic Alliance
Inkatha Freedom Party
South African Communist Party

Opposition parties want Ngcobo's nomination withdrawn - 7 August
Three of the country's major opposition parties issued a joint statement on Friday, calling on President Jacob Zuma to withdraw his nomination for chief justice. The Democratic Alliance, Independent Democrats and the Congress of the People said Zuma failed to property consult them about his decision to appoint Sandile Ngcobo as Pius Langa's replacement. According to the constitution, the president is required to consult opposition parties and the Judicial Service Commission before making the appointment official. - Eye Witness News website

10 August 2009
Why Zuma must withdraw Chief Justice nomination : joint letter from opposition leaders to the South African president (Patricia de Lille - Helen Zille - Mvume Dandala - Mangosuthu Buthelezi)
. - Politicsweb website

7 August 2009
The Presidency responds to opposition statement on Chief Justice Nominee
SA Government Information website

Chief injustice : Ngcobo a relief, but why was it not Moseneke? - 7  August
Business Day editorial on the allAfrica website

A good man caught in crossfire - 11 August
Raenette Taljaard : Another Take on The Times website

Hlophe Alliance : we are gracious in defeat - 10 August
The Justice for Hlophe Alliance said on Friday it would push for another Constitutional Court position for Cape Judge President John Hlophe, who was not given the post of chief justice. The alliance, however, accepted President Jacob Zuma's nomination of Sandile Ngcobo for chief justice. - IOL website

Hlophe : verdict of history awaits - 8 August
Controversy over Judge John Hlophe must not divert attention from the broader importance of getting the philosophical balance right on the Constitutional Court, writes Mpumelelo Mkhabela. When interviewed for confirmation as deputy chief justice in the Constitutional Court succession race in 2005, Judge Dikgang Moseneke remarked prophetically on the challenges facing the country. Unlike previous appointments, those now pending can be made with the benefit of hindsight - the current crop of candidates have a track record over the last 15 years of democracy. Judicial philosophies can be discerned not only on the basis of life experiences, but can be assessed from cases argued in court (in the case of advocates) and from judgments or public comments (in the case of the 23 judges from other courts). - The Times website

New Chief Justice speaks - 7  August
Justice Sandile Ngcobo thought he was dreaming when he watched President Jacob Zuma announce on TV his nomination to lead South Africa's judiciary. - IOL website

Ngcobo gears up for JSC interview - 10 August
Chief justice nominee Judge Sandile Ngcobo is expected to face a grilling at the Judicial Service Commission next month. JSC spokesperson Marumo Moerane told Weekend Argus the commission would interview Ngcobo on September 5, together with the other judges nominated for the Constitutional Court Bench. - IOL website

Zuma and the chief justice : a tragic comedy of errors - 11 August
Mphuthumi Ntabeni on the broader implications of the president's failure of consulation. - Politicsweb website
Keyphrase :
Cope

'Like trying to sow the head back onto a chicken' - 12 August
Gareth van Onselen analyses Zuma's failure to consult the opposition on the new CJ. - Politicsweb website

Speed interviews for the Constitutional Court - 1 August
Many aspects of SA's judicial appointment process have been taken up by other progressive countries. But while we were a leading light a few years ago, there are aspects of the system that have now fallen behind. One of these is the need for proper "due diligence" checks to be carried out on the candidates who come before the Judicial Service Commission (JSC). - Carmel Rickard on The Weekender website

Leading judge turns down top posting - 12 August
One of the country's leading jurists, Supreme Court of Appeal Judge Belinda van Heerden, no longer wants to be considered for a post on the highest court in the land - at least not for now. It is understood that Van Heerden believes there are issues of vital importance to the future of the Constitutional Court and the judiciary as a whole that have not yet been satisfactorily resolved. Until these are resolved, the judge is apparently unwilling to make herself available for further judicial appointment. Judge Van Heerden withdrew her nomination for the vacancies on the Concourt on July 27. - IOL website

Judicial Service Commission : It may be prudent for the JSC to take stock of its role - 12 August
The adverse publicity surrounding the Judicial Service Commission (JSC) over the past weeks, and the fact that, twice within that period, recourse has been had to the courts to ensure that the procedures it follows are open and transparent, has done neither the JSC nor the judiciary any good. - Nichola de Havilland, Director of the Centre for Constitutional Rights, on the Business Day website

Judge Hlophe

Hlophe at mercy of peers - 2 August
Judge John Hlophe needs the support of 12 of the 23 members of the Judicial Service Commission (JSC) to avoid impeachment on charges that he tried to improperly influence Constitutional Court judges in corruption charges against Jacob Zuma. He has two vociferous supporters and the possible support of the eight-member "ANC caucus" in the JSC. - News24 website

Guard judicial independence - 2 August
South Africa's judiciary is at a crossroads. Accompanying it at this critical juncture is South African society - present and future generations. The transposition of dirty succession campaigns from muddy party politics to the judiciary, as evidenced by the disgraceful battles between Western Cape Judge President John Hlophe and the Constitutional Court judges, should have every civilised citizen worried. How could it be that in just 15 years of democracy, society’s forte, reflected in the practice of judicial independence, could appear to be suddenly in ruins? Editorial. - The Times website

Judicial excellence not racial bean-counting is key attribute - 3 August
This is an appeal to members of the judiciary and the legal profession who have any respect for the rule of law and for the preservation of our constitutional democracy, to resign in protest should Judge John Hlophe accede to the position of Constitutional Court judge or chief justice. - Rhoda Kadalie, human rights activist, on the Dispatch Online website

Still looks like someone is lying to the JSC - 4 August
Ascertaining what happened when Western Cape Judge President John Hlophe visited judges Bess Nkabinde and Chris Jafta at the Constitutional Court last year, and allegedly tried to improperly influence them, comes down to a factual dispute, legal experts say. The University of Cape Town's Pierre de Vos says : "There are clear disputes of fact that cannot be explained away". There is "no possibility" that it was all a big misunderstanding. It is also a difficult factual dispute because, as Hlophe himself said, he never threatened or bribed anyone. So in order to ascertain whether there was, in fact, an improper attempt to influence the judges, it all comes down to what was said, what was not said, how it was said and in what context. - Business Day website

'I am not going to shake a white man's hand' - 8  August
President Jacob Zuma's legal woes split the legal profession, including judges, right down the middle and Western Cape Judge President John Hlophe believes his sin was to side with the ANC president. "You will recall that [at the recent hearings in Johannesburg] I never retracted the statement that I believed Zuma was innocent," said Hlophe in an interview with the Mail & Guardian in Cape Town. Hlophe said after the Johannesburg hearings that he flatly refused to shake Langa's hand, adding : "I am not going to shake a white man's hand". On Langa's decision to publish allegations that he had attempted to "improperly influence" judges Nkabinde and Chris Jafta, he said : "It was not his [Langa's] agenda. The Chief Justice was serving other political forces. The old man should have stayed out of it and waited to retire," Hlophe said. - Mail & Guardian website

Hlophe denies naming Buthelezi - 11 August
Western Cape judge president John Hlophe on Tuesday denied mentioning IFP leader Mangosuthu Buthelezi or the Zulu King in a Mail & Guardian interview. - News24 website

I've heard nothing directly from Judge Hlophe re his denial of remarks about Pius Langa, Buthelezi. Perhaps he now knows how Moseneke feels
Hlophe claims his dangerous words to the M&G last week were made up. They weren't. Sometimes its a shock, seeing your rashness in print
Nic Dawes on Twitter

Alleged Hlophe claims could land him in hot water - 12 August
A Constitutional law expert said on Wednesday Western Cape Judge President John Hlophe may get into more trouble for comments he allegedly made about Chief Justice Pius Langa. - Eye Witness News website

Hlophe 'explains' himself in letter to Langa - 13 August
Western Cape Judge President John Hlophe has written to Chief Justice Pius Langa in a bid to calm a growing storm over provocative racial remarks he reportedly made to a journalist - but he stopped short of apologising. Go to http://www.theweekender.co.za/hlophe.pdf for the document : John Hlophe's letter to Chief Justice Pius Langa. - Business Day website

Hlophe not a 'careless Zulu' - 13 August
Cape Judge President John Hlophe has denied racist comments attributed to him in a recent newspaper report, saying he is not a "careless Zulu" who would say such things. This came after the Judicial Service Commission (JSC) announced it is investigating the matter and is trying to determine the credibility of the report. Hlophe could be guilty of misconduct if it is found that he broke any of the ethical rules which judges must abide by. - News24 website

Hlophe to take legal action against journalist - 13 August
Western Cape Judge President John Hlophe is preparing his complaint to the Press Ombudsman over comments attributed to him in the Mail and Guardian newspaper. The paper quoted Hlophe last week saying he would not shake Chief Justice Pius Langa's hand because he was a white man - a claim the judge denied. - Eye Witness News website

AfriForum submits complaint against Hlophe - 13 August
The legal team of the civil rights initiative AfriForum today submitted a written complaint against Judge John Hlophe to the Judicial Service Commission (JSC) in response to the racist and hurtful remarks that Hlope had allegedly made regarding judges of the Constitutional Court, according to an article in the Mail & Guardian.  Hlophe is quoted as having said, amongst other things, that he refused to shake the hand of Chief Justice Pius Langa, as "I am not going to shake a white man's hand".  - Politicsweb website

Hlophe treated unfairly compared to Griesel : JFHA - 13 August
Open letter to the Chairperson of the Judicial Service Commission. - Politicsweb website

Hlophe on the slippery slope? - 14 August
Legal experts believe "racist" remarks, attributed to Western Cape Judge President John Hlophe by a weekly newspaper, diminish his stature in his current position and threaten his chances of being appointed to the highest court in the land. - The Times website

Why Hlophe needs to be held accountable for his racist jibe - 14 August
Black racism is no less real than white racism. A recent jibe that reminds us of this unpleasant reality is Judge John Hlophe's reported remark that he would not shake "a white man's hand". It is funny, of course, that the white man in question has the rather spectacularly morphologically black face and body of Chief Justice Pius Langa. - Eusebius McKaiser, political and social analyst at the Centre for the Study of Democracy, on the Business Day website

Langa 'considering his options' over Hlophe comments - 14 August
Chief Justice Pius Langa has not ruled out the possibility of a formal complaint about remarks made by Western Cape Judge President John Hlophe last week. Asked during an interview at his chambers in the Constitutional Court whether Hlophe's latest attack on him warranted a formal response by the Judicial Service Commission (JSC), Langa told the M&G : "If it does I am still considering my options". - Mail & Guardian website

JSC to meet on Hlophe complaint - 14 August
The Judicial Service Commission's (JSC) complaints committee will meet on Saturday to discuss whether it should hold a full inquiry into the misconduct allegations against Cape Judge President John Hlophe, a spokesperson said. - Mail & Guardian website

KwaZulu-Natal

KwaZulu-Natal treasury budget takes R17m cut - 5  August
The 2009-10 budget for the KwaZulu- Natal provincial treasury has been cut by R17,8m to R624,9m from last year in line with the government's belt- tightening exercise. - Business Day website

R24bn for KZN education - 4 August
Better school principals, more schools and fewer teenage pregnancies were some of the promises KwaZulu-Natal education MEC Senzo Mchunu made in his budget on Tuesday. "There is pressure on them to perform at a high level in their management of schools," Mchunu told the provincial legislature in Pietermaritzburg while tabling his R24.6bn budget for the next financial year. - News24 website

MEC to act on R1m a month building - 5 August
KwaZulu-Natal health MEC Sibongiseni Dhlomo has vowed to close down the offices rented by his department in a building allegedly owned by "very prominent people". The building was rented despite the department having enough office space at their headquarters in the same town. The department is allegedly renting the building for up to R1million a month and the contract runs for 10 years. The issue of the rented building surfaced last year when opposition parties complained that the department was wasting taxpayers' money by renting offices at Trison Towers in Pietermaritzburg. The building is allegedly owned by former prominent senior government officials. - Sowetan website

Labour Issues

600 000 affected by shorter work hours - 4 August
Thousands of employees have already been affected by the retrenchment crisis since October last year, according to the calculations of the trade union Solidarity, whether through retrenchments or job freezes. In addition, the working hours of thousands of employees have now been reduced. There are 608 000 employees in South Africa who previously worked more than 45 hours per week but who have been working shorter hours since the second quarter of 2008. - Cape Business News website

Cosatu squares up to state - 1 August
Cosatu, a key ANC ally, says it won't drop its demands on behalf of workers merely because the country is in recession - not while there is "crass materialism" and "high stakes of opulence" in government ranks. Cosatu president Sdumo Dlamini said the federation would not compromise. "No one will stop us from putting demands and ultimatums," he told The Independent on Saturday on Friday. - IOL website

Pharmacists reject wage offer - 3 August
The KZN Concerned Pharmacists Forum has threatened to take the trade unions representing its members to court if they sign the Department of Health's latest wage offer that pharmacists have unanimously rejected. This emerged at a meeting where the forum was officially launched on Saturday and after which 150 pharmacists from around the province faxed letters agreeing to establish a trade union exclusively for pharmacists. - IOL website

Eskom

Union power protest could hurt economy  - 5 August
Billions of rands would be lost to the economy from likely electricity blackouts if 20 000 unionised workers out of Eskom's 37 000 workers defy the Labour Relations Act. The act outlaws strikes at the essential service. - Business Report website

Eskom strike suspended - 12 August
The National Union of Mineworkers said on Wednesday the Eskom strike had been suspended. Thousands of employees across the country were expected to down tools over wage increases on Thursday. Workers are demanding a 14 percent salary hike and Eskom has offered a 10.5 percent increase. - Eye Witness News website

Health

Wage talks continue despite doctors signing agreement - 12 August
The South African Medical Association has confirmed that annual wage negotiations are continuing even though doctors signed an Occupation Specific Dispensation agreement. Trade unions including NEHAWU and DENOSA signed the OSD agreement on Friday with a special resolution that certain areas of concern, in government’s offer, would be addressed. This includes the low percentage increases for medical officers and specialist categories. - Eye Witness News website

Municipal Workers

Enough is enough - 5 August
The national treasury has insisted it will not give more money to struggling municipalities to meet the pay claims of striking council workers. This could result in local governments taking drastic measures, including cutting "lifeline" water and electricity supplies to the poor or hiking basic service tariffs, the South African Local Government Association (Salga) has warned. Salga spokesperson Mogomotsi Mogodiri said increases could result in some municipalities collapsing. - Mail & Guardian website

South African Broadcasting Corporation (SABC)

SABC wage deal signed and sealed - 12 August
The SABC and worker unions signed a wage deal on Tuesday, ending a long-standing labour dispute that culminated in a countrywide strike last month. "We signed and sealed the deal," said SABC spokesperson Kaizer Kganyago. "It is a 10-percent salary increase across the board - 8.5 percent now, [from August] and 1.5 percent to be paid in December, all of them back-dated to April 1". - IOL website

Telkom

Telkom employees gather at CCMA - 3 August
Hundreds of Telkom employees were picketing outside the CCMA in Johannesburg on Monday morning, where the telecommunication provider and the Communication Workers Union were engaging in talks, the union said. The gathering comes after Telkom employees around the country embarked on a stayaway on Monday and Tuesday and threatened strike action if their demands were not met. - IOL website

Land Affairs and Property

Sentinel sold in closed bidding - 5 August
Hout Bay's Sentinel, one of the Cape Peninsula's best-known landmarks, has been sold. On Tuesday, the auctioneers confirmed that the mountain had been sold through a closed bidding process, but declined to say who the new owners were until they had ironed out the terms and conditions attached to the sale. Leno de Villiers, chief executive of the Julius Buchinsky Group of auctioneers, said the names of the new owners would be announced later this week. - IOL website

Proposed capitalisation of Pinnacle Point : agreement with Absa - 4 August
Interview with Hennie Pretorius, CEO, Pinnacle Point and Alec Hogg on the Moneyweb website
"Last night Absa's chief executive, Maria Ramos, spoke plainly when she told us her bank would only inject another R150m into Pinnacle Point if the troubled property developer was itself able to raise R100m in fresh capital elsewhere. I put this to Pinnacle's chief executive, Hennie Pretorius, who spoke with us earlier today, that it's also somewhat different to the story that's being propagated by his company"

See : http://www.pinnaclepoint.co.za/ 

Auction buyer held to ransom by tenants - 1 August
A Johannesburg property investor has been forced to fork out more than R500 000 to get into houses she buys on sheriff's auctions because the banks are not providing documentation on the previous owners or their tenants when the houses go on sale. While a clause in the sale in execution document forces new owners to uphold lease agreements of the houses they buy, banks fail to provide the agreement at the time of the sale, leaving new property owners open to abuse. - IOL website

'Illegal' city mansion destroyed - 4 August
The city's building planning department has sent a strong message to errant developers, with the demolishing of a Faerie Glen home it claims was built according to fraudulent building plans. Bricks and mortar tumbled to the ground on Monday as a 20-ton excavator sliced through the Vermont Street home, signalling the end of a protracted legal battle with the owner, Carl Beukes. But Beukes claims the Tshwane Metro Council is acting at the behest of a vexatious neighbour who had been waging a vendetta against him and his wife since 2003. According to officials on the scene, Beukes had been building additions to his house for the past seven years without obtaining the necessary documentation in accordance with building regulations.  - IOL website

Land Claims and Expropriation

Land Bank may repossess farms - 2 August
The Land Bank has instituted legal action against 557 land owners, half of them emerging farmers, for failing to repay their loans, City Press reported on Sunday. Of the 557 the bank had instituted legal action against by June 30, 283 (51 percent) were emerging farmers and 274 (49 percent) commercial farmers. Seven of the 13 farmers who already lost their farms this year were newly-established. - IOL website

R146m bailout for farmers - 8 August
A R146-million rescue package to bail out cash-strapped farmers at the Land Bank was announced by Agriculture, Forestry and Fisheries Minister Tina Joemat-Petterson, the SABC reported on Saturday. This comes after the Land Bank threatened legal action against more than 500 farmers for failing to repay loans lent to them. - IOL website

Why would land claims include improvements and mineral rights? - 1 August
The whole land claims policy of the ANC has been a total disaster, and badly conceived in the first place. The majority of South Africans probably descend from ancestors who occupied rural land somewhere. Why should only those who occupied land in 1913 get made rich, and everyone else get abandoned in squatter camps? Blacks are dumped on the land with no training in farming, and no state support. - The Richmark Sentinel website

Land claim matter settled - 7 August
Transfer of land for a R10-billion KwaZulu-Natal coastal resort, stalled for more than two years by a community claim, has been settled with over R200-million paid over by the Department of Land Affairs last week. The 1 000ha Blythedale Coastal Resort project is now set to go ahead. In 2008, Mark Taylor, head of the development company eLan Group, said he was ready to throw in the towel as progress on the claim had stalled, resulting in a loss of over 50 percent of property pre-development sales, which range from about R600 000 to R6m a piece. - IOL website

Commission blamed for District 6 delay - 4 August
The redevelopment of District Six has suffered another setback, with the long-awaited business plan for the area - which was expected in June - now to be completed only in 2010. And a pilot project of 114 houses has now been reduced to just 65 houses, thanks to a R22-million funding shortfall. With the project beset by delays over the years, the City of Cape Town has now placed the blame for the latest delay squarely at the door of the Land Claims Commission, accusing it of not having the capacity and expertise to handle a project of this kind. - IOL website

Billions wasted in Gateway housing project - 7 August
The national Department of Housing has come under fire on the N2 Gateway programme for failing to ensure that social housing legislation was implemented ahead of beginning the massive housing project, according to auditor-general Terence Nombembe's report. Nombembe revealed a four-year trail of mismanagement, irregular procedures and waste in the state housing project in Cape Town, which Parliament's standing committee on public accounts suggested could have involved fruitless expenditure to the tune of R2 billion. - Business Report website

City of Cape Town to take legal action against former City manager - 6 August
The City of  Cape Town  looks set to pursue legal action against former City Manager Wallace Mgoqi over a controversial N2 Gateway housing deal. The City has briefed parliament's watchdog on public accounts on a number of irregularities contained in the Auditor General's report on the housing project. MPS today blasted City managed Achmat Ebrahim and his team for not taking decisive action against officials involved in the appointment of Cyberia as the N2 Gateway Project Managers in 2004. - Eye Witness News website

Media

Press ombud rules on anonymous sources - 8 August
A second media house has been found to be in violation of the press code in as many weeks for running a story without a named source. "This is another example of the reckless use of anonymous sources," read a statement from ombudsman Joe Thloloe. The press ombudsman released a ruling on Thursday relating to a story the Times had run on a mealtime conversation overheard between former presidency director general Frank Chikane and former public enterprises minister Alec Erwin during the ANC's elective conference in Polokwane in 2007. The publication has to run an apology and an abbreviated version of the ombudsman's decision. In a complaint relating to a Mail & Guardian article by Adriaan Basson on alleged bribery of Telkom executives, based on what he considered an impeccable source, the ombudsman wrote recently : "The South African National Editors' Forum's guidelines on confidential briefings and sources states : "Anonymous sources should generally be used only as a last resort - ie, when there is no other way to get and publish the story". - Mail & Guardian website

Minerals and Energy

SA suspends disposal of state mining assets - 13 August
The Cabinet has approved a suspension on the disposal of mining assets currently held by state entities, government spokesperson Themba Maseko said on Thursday. Maseko said at a post-Cabinet briefing that the moratorium was intended to provide the minister of mineral resources adequate time to conduct and finalise an audit of mining interests held directly or indirectly by the state. - Mail & Guardian website

SA Parliament committee to visit mines as part of illegal mining probe - 7 August
The Portfolio Committee on Mining will next week travel to four South African provinces to investigate illegal mining incidents and the death of mine workers, the Parliamentary communication services said on Friday. - Creamer Media's Mining Weekly website

Municipal Management and Procedure

17 municipalities are in big trouble - 13 August
A total of 17 KwaZulu-Natal municipalities are in dire straits. With no sources of revenue, they are unable to deliver services to their communities. The existence of the 17 mainly rural-based municipalities came about when the government created municipalities throughout the country in 2000. But their viability has become questionable owing to their inability to generate revenue, with fears that they could be stripped of some of their powers. - IOL website

Cape Town

Sea Point residents welcome hooting law - 14 August
Sea Point residents have welcomed the move to curb unnecessary hooting in the area. Motorists and taxi drivers found hooting unnecessarily could see themselves being fined up to R500. - Eye Witness News website

City says barking bylaw misunderstood - 14 August
The City of  Cape Town  says it has received several comments on its draft animal bylaw. The proposed bylaw aims to clearly define "nuisance behaviour" among pets. - Eye Witness News website

eThekwini

Not fair, Mr Mayor - 2 August
Civic leaders and academics are outraged over racist slurs at a recent eThekwini Municipality meeting where anti-Indian sentiments arose during talks on the Early Morning Market closure. The public meeting was called by the municipality about the pending demolition of the historic market to make way for the development of Warwick Junction. Shouts of "Hamba Khaya! Hamba uye eBombay!"(Go home! Go to Bombay!) rang out at the International Convention Centre where the meeting was held on July 10. The 1860 Legacy Foundation has called on the Human Rights Commission to investigate statements of "racial incitement" at the meeting. South Durban Community Environmental Alliance co-ordinator Desmond D'Sa said he attended the meeting "to hear first-hand" from Mayor Obed Mlaba, his deputy, Logie Naidoo, and Sutcliffe of the need to develop a mall for the people who use the junction as a travel node. "I was shocked at Mlaba's presentation in Zulu. The people attending were from different race groups and yet the mayor's arrogant attitude can only be interpreted as 'you can go to hell if you do not understand Zulu," said D'Sa. - IOL website

Press Release : Response to Media Reports of a Racial Slur at Early Morning Market Meeting

This press release was emailed out at : 03 August, 2009 18:25

Media reports accusing the eThekwini Municipality Management and the Mayor, Cllr Obed Mlaba in particular for using racial slur at a meeting to discuss the Early Morning Market closure at the International Convention Centre are incorrect.

The Municipality would like to place on record that at no stage did the Mayor or Council Officials make racial remarks in any way at the meeting in question. Our assessment is that this is the work of peddlers who are desperately trying to politicise the Early Morning Market issue to accomplish their own agendas.

There are some reports that claim that the Municipality rented a crowd to fill the hall. This is very disturbing as members of the public, business people, community leaders, Durban Chamber of Commerce and SANCO Regional Office attended the meeting. More than 99% people who were in attendance supported the Warwick precinct development.

While racial remarks are raised in the media articles, it is interesting to note that there is nowhere in these reports wherein the Mayor or any other Municipal Official is directly quoted using racial connotations.

These articles also accuse the Mayor of addressing the meeting in isiZulu. We find this strange, as isiZulu is one of the official languages in South Africa and it is widely spoken in the City. The use of the language was not meant to exclude any race group in the meeting.

The meeting was delivered in both isiZulu and English, except for the opening by the Mayor due to the meeting starting late and he had to rush to another engagement.

We view the publication of this information as misleading in the extreme and only aimed at sowing divisions amongst our residents. We call upon media houses to refuse to be used as platforms for any misinformation campaign.

For more information contact the Head of Business Support Unit, Philip Sithole, on 083-288 8793.

Issued by eThekwini Municipality, Communications & PR Unit.

 

Press Release : Informal Traders Assured Of Their Trading Space

This press release was emailed out at : 12 August, 2009 17:55

Traders at the Early Morning Market will be given a space to trade at the new Warwick Junction Development. This was revealed at a mass meeting for informal traders this morning, 12 August 2009. The City has been in negotiations with the developer to accommodate the early Morning Market traders, and this has now been agreed upon. The City has informed the Early Morning Market Traders of this development, and is awaiting response from them.

The eThekwini Municipality hosted a mass meeting for informal traders this morning, that was attended by more than 3000 traders. The traders were informed of the Municipality's intention to develop various areas in which they currently trade. They were assured that all legal traders with permits will not be prevented from trading due to these developments, however they may be asked to relocate for the duration of the construction. All traders who will be directly affected by the development in the Warwick and Beachfront areas have been given letters assuring them that their trading rights and their livelihood will not be taken away from them.

More than 33 trader committees and organizations throughout the eThekwini region signed a memorandum of understanding with the Municipality. Some of the organisations that signed the memorandum includes the Warwick Street Traders Committee, Warwick Bovine Head Sellers, Achib, Nafcoc, Sanco, Beachfront Traders Committee, etc.

In the memorandum the City undertook to do the following :

1. As far is reasonably possible work closely with legal traders to ensure that development processes are operated as smoothly as possible ;

2. All affected current legal permit holders will secure trading space after the end of construction at a rental to be determined by the City ;

3. Suspend rentals for a period of 6 months subject to review thereafter ;

4. Continually engage with legal traders or their representatives regarding any future development that may affect them ;

5. Consider the affected traders in the event that any business or job opportunities created by the eThekwini Municipality, within the Warwick Junction Precinct and other areas become available ;

6. Undertakes to support and work with traders during and after the process of construction ;

7. Promote co-operative wholesale and bulk purchasing initiatives which will be owned and controlled by informal traders ; and

8. Promote efforts to legalize illegal traders or be engaged in alternative opportunities if available.

Mayor Mlaba addressed traders saying that while people have paid more attention to issues surrounding Warwick Junction development, there is development happening all around eThekwini, in areas such as Isipingo, Claremont, and Umkomaas.

"When other cities chased away informal traders, eThekwini Municipality was the only City that considered ways to work together with traders to provide opportunities".

He emphasized that opportunities are for everyone and must be shared. "Our intention is to transform the economy of the City so that there is lasting peace amongst all our people".

The General Secretary of the Simunye Women Traders Association, Ms Nomonde Magadla said, "since the Municipality has done several presentations to the trader organisations and traders, it is clear to all legal traders, including those that are operating at the Market, that their livelihoods will not be taken away from them. The trader organisations collectively took a decision to support the development".

The City Manager, Dr Michael Sutcliffe said, "We would like to work together with traders to find solutions to the trading issues in the City. This is how we have always worked, and the door has always been open for negotiations. The City is also consistently looking at new ways to accommodate informal traders so that heir lives could be improved. One such idea is approaching big shopping centres in the region to negotiate ways in which informal traders can be accommodated within their centres".

Mr Philip Sithole, Head of the Business Support and Markets Unit said the Unit had called the mass meeting to give traders the opportunity to hear from them first, instead of reading about it in the newspapers or hearing from a second source. He said that the information presented would empower informal traders about Council's intentions, so that there is no opportunity for facts to be misrepresented.

He highlighted the fact that every trader must have a permit in order to be able to sell and take advantage of opportunities available to them, especially in terms of skills development. He also highlighted that each trader will be issued only one stall.

"The Municipality is in the business of creating equal opportunities and empowering people so that they could live better lives. It has never been the intention of the eThekwini Municipality to take away people's livelihoods".

"The relocation of traders will be necessary when upgrading and development takes place all around the eThekwini region. The City reassures traders that their rights to trade will not be taken away, while development is occurring".

For further information contact Mr Philip Sithole on 031-311 4329 or cellphone 083-2888 793. Email : sitholep@durban.gov.za

Issued by the eThekwini Municipality's Communications Department. Telephone Sohana Singh on telephone 031-311 2044 or email singhsohana@durban.gov.za

National Prosecuting Authority

Public Protector dismisses NDPP claims - 3 August
Public Protector Lawrence Mushwana's office said on Monday reports that he was in line to be the country's National Director of Public Prosecutions were speculation. - Eye Witness News website

See also : North Gauteng Court

South African Police Service

Cele criticised for supporting crime stats moratorium - 4 August
The Institute for Security Studies has warned that a moratorium on crime statistics could be a violation of democracy. New Police Commissioner Bheki Cele has come under fire for suggesting he would support the moratorium but he has not yet ordered that one be put in place. - Eye Witness News website

4 August 2009
Democratic Alliance (DA) quotes Cele out of context
SA Government Information website

Cele lashed over crime-stats stance - 5 August
The new police National Commissioner Bheki Cele’s argument in favour of a moratorium on issuing crime statistics is "not convincing", according to Dr Johan Burger, senior researcher in the Crime, Justice and Politics programme at the Institute for Security Studies. "Mr Cele would do well to understand that withholding crimes statistics will have more of a negative impact than releasing them and reassuring the public that something is being done", Burger told the Mail & Guardian Online. - Mail & Guardian website

Minister to release crime stats soon - 6 August
Coinciding with the release of the annual police report, South Africa's crime statistics will be made public September, according to the office of Police Minister Nathi Mthethwa. - IOL website

Cele adamant on giving cops more fire power - 5 August
New national police commissioner Bheki Cele called on Wednesday for a law change to make sure police can shoot at dangerous criminals instead of being "handcuffed" by the Criminal Procedure Act. - IOL website

See also : Magistrates Courts

Police Ministry wants Child Protection Unit up and running soon - 12 August
The Police Ministry says it hopes moves, to re-establish the Child Protection Unit, will be underway by the end of this year. Police Minister Nathi Mthethwa earlier stated his department will look into resurrecting the unit after it was disbanded three years ago. The move may be seen as an admission by Mthethwa that the ministry erred in disbanding it in the first place. - Eye Witness News website

Director accused of fiddling crime stats - 11 August
A Pietermaritzburg police station commissioner remains under scrutiny for allegedly manipulating crime statistics to create a good impression of his station's performance. Both the Police Ministry and police management in KwaZulu-Natal recently confirmed that the internal investigation into Director Hariram Badul, of the Mountain Rise Police Station, was still under way.  - IOL website

Sport and Recreation

Rugby club banned for 15 years - 7 August
The Heidelberg Rugby Club has been banned for 15 years after fans went on the rampage at a club match in Mossel Bay. Several people were wounded when hooligans ran onto the pitch with knives, broken bottles and pipes following  Mossel Bay's victory over Heidelberg on Saturday. Criminal charges have been laid. - Eye Witness News website

Relief as cricket dispute resolved - 12 August
Sports Minister Makhenkesi Stofile said on Wednesday international cricket matches would take place at Wanderers Stadium in Johannesburg. - Eye Witness News website

12 August 2009
Cricket dispute settled
SA Government Information website

MEC Cachalia defends F1 decision - 12 August
Gauteng Economic Development MEC Firoz Cachalia has defended the province's decision not to proceed to acquire the rights to host Formula 1 events. This, amid claims that the F1 bid campaign has already cost more than R2.4-million, spent on a feasibility study for an F1 track at Kyalami. Among the allegations, brought up by the Democratic Alliance (DA), is that the provincial government, under Premier Paul Mashatile, had spent about R600 million on motor sport projects that have "done little" for Gauteng residents. - BuaNews Online website

Trade and Industry

Zuma rescue plan for motor and textile industries - 11 August
The government will offer support to struggling motor industry companies and a rescue package for the clothing and textile industry, President Jacob Zuma announced last night. It will also set aside R2,4-billion from the skills and unemployment insurance funds to help ease the strain on workers retrenched as a result of the global and domestic economic downturn. - Weekend Post website

Reaction to Zuma's economic plan - 7 August
Economists and analysts have reacted to President Jacob Zuma's economic recovery plan, announced this week. President Zuma has outlined a series of measures to assist companies who have been affected by the global economic crisis saying these will include an introduction of a training lay-off scheme to cost government R2.4 billion while a further R6 billion will be made available to the Industrial Development Corporation. - BuaNews Online website

Transport and Roads

Taken for a ride over toxic taxi debt - 2 August
Banks that have financed illegally converted panel vans face up to R600m in problem debts, write Rob Rose and Stephan Hofstatter. South African banks held emergency meetings this week after it emerged that they had financed deathtrap taxis, leaving them exposed to toxic taxi debt estimated at more than R600-million. An analysis of government's eNatis system identified 973 Toyota Quantum panel vans, illegally converted into taxis, which had been financed by the banks after August 2007, when new safety regulations were passed. - The Times website

Hogan grilled over Transnet - 14 August
Unions yesterday accused the Department of Public Enterprises of not consulting with organised labour after Public Enterprises Minister Barbara Hogan appointed Geoff Everingham as acting non-executive chairman of Transnet. - Business Report website

Miscellaneous

Criminal fugitives 'live the high life in SA' - 1 August
South Africa has become "a safe haven" for notorious international fugitives because it is relatively isolated and there is the perception that the justice system can be easily manipulated. This has raised questions about whether the country's immigration and extradition laws need to be stiffened, according to legal experts. - IOL website

DA lays charges against ANCYL, Lembede - 3 August
The Democratic Alliance has laid charges against the leadership of the ANC Youth League and board members of its investment arm, Lembede Investment Holdings. "The ANC Youth League is setting an appalling example by trying to sweep the disturbing findings of the Gobodo report under the carpet," DA Gauteng chairperson Jack Bloom said in a statement on Monday.The newspaper report said senior youth league members should be made to account for millions of rands that went missing from the company, but the league's executive has opted not to pursue individuals who abused company funds. - IOL website
Keyphrases :
Companies Act
Prevention and Combating of Corrupt Activities Act 12 of 2004

ANCYL's dubious deals revealed - 3 August
ANC treasurer-general Mathews Phosa refused to comment on Sunday on a newspaper report on an auditors' probe that uncovered financial chaos and millions of rands unaccounted for in Lembede Investment Holdings, the financial wing of the ANC Youth League. However, Phosa said he expected to be informed about the situation when he next spoke to Pule Mabe, the treasurer of the league and chairman of Lembede. - IOL website

ANCYL to close investment wing - 6 August
The ANC Youth League will close down its controversial investment wing, leader Julius Malema said on Thursday. "We are closing it down and then we are concentrating on other things," Malema told reporters in Johannesburg. "Lembede has a very bad image. It's not our problem, we [the current leadership] never messed up Lembede". - IOL website

Kebble's buddies to repay millions - 31 July
Trustees of the estate of Brett Kebble are demanding millions of rands from former leaders of the ANC Youth League and its investment arm Lembede Holdings. They are said to have benefitted from their relationship with the slain mining magnate. Also said to have benefitted are senior ANC members who had a relationship with Kebble. - Sowetan website

Kebble's mansion under the hammer - 13 August
A Cape Town mansion that once belonged to mining tycoon Brett Kebble, with garaging for ten cars and an undergound wine cellar, is to be auctioned in September. Auctioneers Alliance Group said on Thursday that Fair Seat, in the leafy suburb of Bishopscourt, was Kebble's family home at the time he was killed in 2005. The property was then auctioned off to "a prominent businessman" and was now on the market again. - The Times website

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