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

1 June 2009

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

     

InfoUpdate
11 of 2009

Visit our What's New page

News
Law Society expresses grave concern at allegations of extra-judicial killings and torture in Botswana. Law Society of South Africa
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Construction Conundrums. Association of Arbitrators (KZN)
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High Court General Office. Pietermaritzburg Attorneys Association - 15 May 2009
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Government Gazette Update
Constitution Sixteenth Amendment Act of 2009
Date of commencement : 3 April 2009

Criminal Procedure Amendment Act
Commencement of sections 2 and 3 : 6 May 2009

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Recent Journal Articles
The latest edition of CILSA features articles on the challenge posed to media freedom by 'insult laws', and commentary on  Shilubana v Nwamitwa relating to the succession of women to traditional leadership.
Read more :
Comparative and International Law Journal of Southern Africa

Judges in three cases reached different conclusions on whether employees are entitled to sue employers for breach of employment contracts.
Read more :
Employment Law

Potchefstroom Electronic Law Journal
This issue includes an article relating to monitoring and interception in the workplace.
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Tydskrif vir Hedendaagse Romeins-Hollandse Reg
Articles cover the matter of constitutional aspects of the right to die with dignity, 'foreign' Internet wills in South Africa, and the recently implemented public mediation service in maintenance courts
.
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Recent Judgments
The Eastern Cape High Court in Grahamstown has ordered a local case to be heard in terms of the defamation laws of Nebraska, US, and a decision in the North Gauteng High Court obliges prosecutors to investigate apartheid era cases.

Constitutional Court of South Africa - Biowatch ; Muslim Marriages Bill ; Private Security Industry Regulation Act 56 of 2001 ; KZN Slums Act
Supreme Court of Appeal of South Africa - are
senior magistrates and magistrates legally entitled to continue to be considered for and receive merit awards as part of their conditions of service - High Courts are entitled to try labour cases
Commercial Crimes Courts
Equality Courts
Labour Courts
Labour Appeal Court
Land Claims Court
Tax Courts -
The Tax Court has upheld a taxpayer's claim to deduct a payment of R50 million for a radio station's trade mark and name for income tax purposes
Eastern Cape High Court : Bisho
Eastern Cape High Court : Grahamstown - Precedent
Eastern Cape High Court : Mthatha
Eastern Cape High Court : Port Elizabeth
Free State High Court : Bloemfontein

KwaZulu-Natal High Court : Durban
KwaZulu-Natal High Court : Pietermaritzburg - Municipal Property Rates Act
North Gauteng High Court
- Prosecution of apartheid era cases ; Presidential pardons ; the judgment giving permission to Vodacom to list on the JSE
Northern Cape High Court

South Gauteng High Court
- Selebi Case
Western Cape High Court - Taliep Petersen Case (appeal)
Regional Courts
Magistrates Courts

Competition Commission, Tribunal and Appeal Court - AccelorMittal decision is sent back to Tribunal by the Appeal court

South Africa. Government Information
Speeches : State of the Nation Address ; Approved list of Premiers
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Legislation
Child Justice Act ; Companies Act ; Competition Amendment Bill ; Consumer Protection Bill ; Taxation Laws Amendment Bills ; Protection from Harassment Bill, and others. Also includes links to legislation now on the Polity website.
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SA Law Reform Commission
Project 107. Sexual Offences : Adult Prostitution. Comments invited.
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Legal Profession
Effects of recession ; the Fiji Law Society has been stripped of its power to deal with complaints and issue practising certificates ; lawyers in the United Kingdom hand out free cans of baked beans
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Contributions from Members of the KwaZulu-Natal Law Society

Beware of the Consumer Protection Act . . . coming to a court near you! - 1 June 2009
S A Jazbhay
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Manufacturers face strict liability for defective products - 26 May 2009
S A Jazbhay
Read more

Rights of innocent parties married in COP under POCA - 27 May 2009
S A Jazbhay
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South Africa
National and Provincial Government Appointments
; read profiles of new government officials.
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South Africa
Sydney Kentridge recently addressed the relationship between the Executive and the courts at an event hosted by the Johannesburg Bar Association to mark his sixty years of practise as an Advocate ; President Zuma is making top appointments within the criminal justice system ; JSC members have been named ; news on the unit to replace the Scorpions ; Trevor Manuel's comments on good financial regulators ; the Dinokeng Scenarios are being widely discussed ; what is the future of provincial government ; the twice-cancelled episode of Special Assignment relating to political satire can now be seen online, despite not being screened on tv channels.
Read more

Africa
A joint project between the Law Society of Kenya and Newcastle Law Society (UK), the Juvenile Justice Project, provides free legal aid to minors who are charged in court ; Africa unites to reach a landmark agreement on mainstream climate change adaptation ; read Republic v Thomas Gilbert Cholmondeley [2009]eKLR, the Kenyan case that has made international headlines in recent years.
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Asia
Women in Pakistan support Islamic law while protesting the Taliban ; freedom of the press is once again an issue in North Korea.
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Australasia
An Australian judge has allowed a bankruptcy notice to be served on a man in South Africa by email.
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Europe
A Swiss bank has refused to supply America with the names of suspected tax evaders as it would be in breach of Swiss criminal law ; Intel has been fined a record 1.06bn euros ($1.45bn ; £948m) by the European Commission for anti-competitive practices
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Middle East
A woman who lost her unborn child in a traffic accident has been found guilty of manslaughter and ordered to pay blood money.
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United Kingdom
Freedom of religion has been highlighted during a long-term struggle by an elderly man who is seeking permission for a traditional Hindu cremation
; the biggest class action ever brought before the British courts relates to the dumping of toxic waste in the Ivory Coast ; the public is invited to choose how money from a £4 million criminal assets fund is spent in their area ; European Court of Justice rules in favour of South African trade mark.
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United States, Canada and Central America
Because of their stock holdings and the job of one of their sons, four of nine justices had to sit out hearings relating to the international case that accuses numerous companies of supporting the apartheid-era South African government ; the government has been ordered to re-open the immigration cases of dozens of widows of American citizens whose paperwork had not been processed before the death of their spouses.
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International
The UN says economic development must not be at the expense of indigenous rights ; the Circumpolar Inuit Declaration on Arctic Sovereignty has finally been published.
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Miscellaneous E-Things
The European Commissioner for Information Society and Media recently delivered a speech on the Future Internet.
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E-Tips
A South African has been fired and two others suspended for posting Facebook updates considered unacceptable by the their companies ; do you need to protect yourself from Google?
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Vacancies
Vacancies exist for two Attorneys experienced in litigation/criminal work, a Professional Assistant, a Paralegal . . .
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Professional Update : a monthly newsletter for KZN Attorneys from the KwaZulu-Natal Law Society

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