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TODAY'S HEADLINES
SA: Let the Eagles soar – Hoffman; E-tolling judgment delayed
Africa: Taylor judgment tomorrow; Zimbabweans seek UN support on elections
World: Rights abuse by technology targeted; ex-PM cleared over 2008 meltdown
SOUTH AFRICA
General: Competent candidates issue again dogs JSC
The sticky issue of competent candidates not availing themselves for positions as judges has surfaced yet again, says a report in
The Times. After three days of interviews last week, the JSC announced yesterday
it could not recommend either of the two candidates interviewed for the vacancy of Deputy Judge President of the KZN High Court and that only three of the five candidates for the six vacancies at the High Courts in Johannesburg and Pretoria were recommended.
The three remaining vacancies will be advertised again. ‘The JSC remains concerned about the number of competent and appropriately qualified candidates who are not making themselves available to be considered for appointment to the Bench,’ the commission said.
It called on suitable candidates to step forward to ‘contribute in building a judiciary that all South Africans would be proud of’.
Respected Advocate Wim Trengove SC is quoted as saying that an impression existed that there is a group within the JSC that favours and appoints certain candidates, irrespective of the merits of those candidates. ‘I think that a lot of people feel they
don't want to expose themselves to the process because if they're not on the 'favourites list' of those who matter within the JSC then they are not going to get appointed anyway,’ said Trengove. ‘And their participation becomes just window dressing to make
the process credible.’
Full report in The Times
JSC spokesperson Carel ‘CP’ Fourie said that neither of the KZN candidates – Judge Fikile Mokgohloa and Judge Isaac Madondo – had managed to get an outright majority from
the commissioners. According to JSC procedure, a candidate must garner 50% plus one vote to be nominated to the President, which suggests, in the absence of one of the
commissioners, the voting was deadlocked, says a Mail & Guardian Online
report.
Mokgohloa, a well-respected jurist, was considered a favourite of those looking to push the gender transformation agenda in the judiciary, while Madondo was favoured by the ANC-led political establishment in KZN.
The report notes there were no surprises in the recommendation of judges to the SCA, with the names of Eastern Cape Judges Xola Petse and Ronnie Pillay going through to the President's office. And in a decision it says is likely to send ripples through
the legal fraternity – but evoke little surprise – Labour Court Judge President Dunstan Mlambo was recommended to head the North and South Gauteng divisions over current South Gauteng Deputy Judge President, Phineas Mojapelo. A
Business Day
report says that while no one spoken to doubted that Mlambo was ‘more than eminently up to the job’ of leading SA's busiest courts, some were disappointed that Mojapelo
was not appointed. Both had a lot of support in the legal fraternity. But during Mojapelo's interview, he was grilled by Justice Minister Jeff Radebe about a newspaper article he had written last year, arguing for more public participation in the process of
appointing the Chief Justice. One senior lawyer reportedly told the paper Mojapelo ‘seems to have lost out because he tackled a subject that the Minister is touchy about’.
Full Business Day report
Full Mail & Guardian Online report
The KZN Bar Council expressed disappointment last night that the province would be without a Deputy Judge President – at least for now,
says a report in
The Witness. KZN Bar Council chairperson Advocate Marumo Moerane SC expressed
the Bar’s disappointment that the JSC could not find its way to appoint either of the two judges, both of whom were ‘appointable’. He added that
Mokgohloa’s appointment would have been ideal since it would have given a woman the opportunity to take up a leadership position. Moerane, who previously served on the JSC, said in principle there was nothing wrong with judges expressing support for
their colleagues, because at least it gave the JSC an indication of such support.
Full report in The Witness (subscription needed)
Recommended candidates listed in a report in
The Times
include: Judge Xola Mlungisi Petse and Judge Ronnie Pillay to fill two posts
at the SCA; Duncan Zolani Dukada for the single vacancy as a judge in the Eastern Cape High Court; Bulelwa Myra Pakati to take up the position available in the Northern Cape High Court; Judge Dunstan Mlambo for the position of Judge President of the two High
Courts in Gauteng; and Advocate Selby Alan Masibonge Baqwa SC, Elizabeth Mamoloko Kubushi and Advocate Bashier Vally SC to fill three of the six vacancies at the Gauteng High Courts.
Full report in The Times
See also a report in The Citizen
Legislation: Let the Eagles soar – Hoffman
The police’s crime-fighting unit the Hawks should be replaced with the Eagles which ‘see better and are less susceptible to poison’, the SAPS amendment Bill hearing heard yesterday, according to a report on the
News24 site. Speaking to Parliament’s Police Committee, the Institute for Accountability
in Southern Africa’s Paul Hoffman said the Bill in its current form should be scrapped. He said the Hawks should be done away with and replaced with the Eagles.
‘Eagles see better, fly higher, go after bigger prey and are not as susceptible to poison as those scarce little creatures that we call the Hawks.’
The Bill is a response to a Constitutional Court ruling that found the SAPS Amendment Act governing the Hawks did not meet the constitutional requirement for an effective and independent body to prevent and expose corruption, and was not protected from
political influence or interference. Yesterday, Hoffman, as well as the Institute for Security Studies, argued that falling under the police meant the unit lacked the independence required.
Full report on the News24 site
Other experts also gave the Bill the thumbs down,
notes a report in
The Times. ‘The amendments fall far short of what is required by the Glenister
judgment in several ways,’ constitutional law expert Pierre de Vos told the committee. He said the proposed changes to section 6 of the SA Police Service Act, tabled last month, left the head of the Hawks vulnerable to political pressure regarding decisions
to investigate corruption. ‘At the heart of the matter is the operational independence of the body so that it can decide when to start, when to continue and when to end an investigation,’
De Vos is quoted as saying. He added: ‘The appointment of the head of the unit is problematic because it is supposed to be done by the Minister, but there are no criteria set down for what the qualities of the person appointed must be.’ Gareth Newham, of
the Institute for Security Studies, said the draft showed a ‘minimalist approach’ to complying with the judgment. He faulted it for allowing the Minister to appoint whomever he wanted to head the Hawks without setting out minimum qualifications.
Full report in The Times
Earlier this week, Hoffman said that he hoped Parliament would hold the executive to account in respect of ‘the woefully inadequate content’ of the Bill.
In a report in
Business Day, he noted that in its judgment, the Constitutional Court identified
five characteristics or criteria for best practice for a state entity maintained for the purpose of combating corruption – spec ialisation, training, independence, resources and security of tenure of staff.
In terms of the draft legislation, Hoffman said that the Hawks do not spec ialise in anti corruption work; there is no provision for appropriate training for the Hawks; it is envisaged that the Hawks will remain in the SAPS, which is not independent; the
budgeted funding given to the Hawks will ensure political control; and the Minister of Police has the power to suspend the head of the Hawks without pay – thereby negating all five criteria. Hoffman hopes that MPs will vote with conscience and not toe their
party line in order to create ‘a new spec ialised anti-corruption entity that is staffed with properly trained personnel who enjoy security of tenure, guaranteed resourcing and the independence to empower them to conquer the culture of impunity that rampant
corruption has bred in our society’.
Full Business Day report
Institute for Security Studies researcher Chandré Gould also notes the Bill does not meet all of the Constitutional Court's requirements,
says a report on the News24 site. Gould said the Bill addresses some of the
Constitutional Court ruling’s requirements, but in a ‘minimalistic way’. ‘We have an opportunity, because of the ConCourt judgment, not only to come up with a body that minimally meets those requirements but to come up with the best kind of body that we can
have to deal with and investigate corruption in SA.’ Gould said the amendment Bill had several flaws, one of them being
that the unit (the Hawks) is kept inside the police and is answerable to the police commissioner. Gould said the other problem was that while the Hawks remained within the police, it won’t be seen as being ‘sufficiently independent’. One of the Bill’s
other flaws is that it does not set out clear guidelines for who the unit’s head should be.
Full report on the News24 site
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STATUTORY INTERPRETATION IN THE ERA OF CONSTITUTIONAL DEMOCRACY
ONE-DAY WORKSHOP / 4 JUNE 2012
South Africa’s Constitution has had both a profound and wide-ranging impact on all existing law and not in the least on statute law. And yet in the almost 20 years of constitutional
democracy relatively little has been said and written about this phenomenon. The aim of this workshop is to identify and reflect on instances where, and areas in which, the Constitution has occasioned an irrevocable transformation of the theory and practice
of (and the law regarding) statutory interpretation. The emphasis will be on the development of reading and interpretive skills and techniques that are up to the demands of construing statutes in a constitutional dispensation where the values of constitutional
democracy take precedence and permeate the legal and political order.
Presenters: Prof Lourens du Plessis, Research Professor at the Faculty of Law, North-West University, Potchefstroom, foremost expert on the changing status and role of enacted law in SA since the advent of constitutional democracy in 1994.
Dr Elmien du Plessis, senior lecturer at the University of Johannesburg, teaches the Law of Property in the LLB and the Basic Interpretation Theory in the Postgraduate diploma in compliance.
Closing date: 25 May 2012
Venue: Faculty of Law, University of Johannesburg, Chamber Council, Madibeng Building, APK Campus, Kingsway Avenue, Auckland Park
Inquiries: 011 559 3631/4733; e-mail: ka...@uj.ac.za
/ excu...@uj.ac.za
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Litigation:
E-tolling judgment delayed
Although judgment on an interdict to stop e-tolling will only be announced today, opponents of e-tolling experienced a hiccup yesterday when the North Gauteng High Court dismissed an attempt to submit amended court documents relating to toll fee exemptions,
says a report on the News24
site. The Opposition to Urban Tolling Alliance (Outa), one of four applicants, argued in an amended affidavit filed on Saturday that tolling could not go ahead on 30
April because exemptions for public transport were not in place. Alistair Franklin, for the applicants, wanted the tariffs reviewed and set aside.
However, Judge Bill Prinsloo struck the amended affidavit from the roll and ordered the applicants to pay the ‘wasted’ costs. David Unterhalter, for the SA National Roads Agency Limited (Sanral), had asked for the new affidavit to be struck from the
roll. ‘Once the applicants move the case... to the tariff determination, we are dealing with a different case. Everyone must be given an opportunity to respond,’ he argued. Jeremy Gauntlett, for the National Treasury, argued that the new amendments to the
case broadened its scope to such an extent that his client would be prejudiced.
Full report on the News24 site
Outa's legal council, Alistair Franklin, dismissed the criticisms,
saying numerous delays and postponements by Sanral in implementing e-tolling meant the timeframe was unclear. ‘The target date was ambiguous. We only knew when launch will
be in late February and that is why this interdict application is only being heard now,’ he said, according to a
Mail & Guardian Online
report. Outa also argued that Sanral was not fully prepared to launch the system as legislation relating to fee structures and exemptions for certain commuters had yet
to be implemented. ‘My lord, don't shut the door in the face of the public. This is a matter of unprecedented public controversy,’
Franklin added. Prinsloo adjourned the hearing until today to hear final arguments from Outa on their interdict. Prinsloo said he would pass judgment on the interdict this morning.
Full Mail & Guardian Online report
See also a report in The Times
Consumers who have already registered for e-tolling must accept new terms and conditions,
Sanral said yesterday. According to a report on the
News24 site they will not have to re-register, but must nevertheless contact
the call centre, visit Sanral's website, or log onto their personal e-tolling accounts in order to accept the new conditions.
The amended terms and conditions were issued just one week before the proposed commencement of e-tolling on Gauteng highways.
This was because of public concerns regarding the previous terms and conditions, Sanral said. Several new clauses had been added. The terms and conditions now stated only applied as allowed by the law, including the Consumer Protection Act, according to
the report.
Full report on the News24 site
General: Malema expulsion confirmed
The ANC has upheld the expulsion of ANC Youth League president Julius Malema and compatriots Floyd Shivambu, the league’s spokesperson, and secretary general Sindiso Magaqa, says a report on the
IoL site.
The sanction was imposed on Malema in November for sowing division in the party and for bringing it into disrepute.
He was found to have done so by unfavourably comparing the leadership style of President Jacob Zuma to that of former President Thabo Mbeki, and for remarks on bringing about regime change in Botswana.
Full report on the IoL site
Meanwhile, Malema has filed responding papers in a defamation case lodged by DA leader Helen Zille,
her lawyer said. Attorney Amanda Torr said Malema, ANCYL Shivambu, Khayelitsha councillor Andile Lili and the ANCYL filed papers yesterday afternoon. A court date had not
yet been set, notes a report on the News24
site. Two weeks ago, Western Cape High Court Judge Nathan Erasmus ordered the four to file papers in response to Zille's R1.4m lawsuit for comments they had made about
her and the DA in 2009. Zille said Shivambu had called her a ‘racist girl’ and had claimed that her all-male executive consisted of her boyfriends and concubines.
She also took issue with Malema calling her executive council a ‘group of racist Helen Zille garden boys’
and referring to her as ‘racist’, ‘colonialist’ and ‘imperialist’. The group had yet to apologise or retract the statements.
Full report on the News24 site
General: Mdluli probe findings to be kept under wraps
Public Protector Thuli Madonsela conceded yesterday that as with the outcome of other investigations by the intelligence oversight office, the findings of the Richard Mdluli investigation will not be made public, notes a report on the
IoL site. ‘I had not thought of that. It is true that my default position is
to make public my findings and hers (Inspector-General of Intelligence Faith Radebe) is not,’ Madonsela said, according to a report on the
News24
site. She said that Radebe would share her findings with her.
Madonsela said that she would hold fire on allegations that the crime intelligence boss abused state funds, as the matter was still with Radebe.
Madonsela was recently approached by the SA and the FW de Klerk Foundation to investigate reports that Mdluli had abused R5m in police intelligence funds by appointing family members as secret agents.
Full report on the News24 site
A report in
Die Burger
suggests that the door has not been fully closed on the Public Protector.
Diane Kohler Barnard, of the DA, noted her concern that 'Radebe herself is caught up in the Mdluli saga'. Madonsela responded by saying that, seeing as the Protection of State Information Bill has not yet been passed, she may still summons anybody for
information.
Full report on Die Burger
General: Senior counsel in Lotz case victims of data theft?
Advocates at the chambers at the St George Club in Cape Town believe two senior counsel are the victims of targeted data theft.
Die Burger
reports that the laptops of two lawyers working on the Inge Lotz murder investigation have been stolen. The chambers of Barry Pienaar SC were broken into on Saturday
night and the same happened at the chambers of Dup de Bruyn SC the following night.
The thieves stole only the laptops, CDs and memory sticks. 'In a building that houses 35 advocates, they only broke into the offices of Advocate Pienaar and mine (on different levels). It is very strange,' De Bruyn said. The regional manager of the security
company guarding the chambers, Fanie Zaayman, said the thieves had to break down three doors to gain access.
Full Beeld report
Criminal:
Former Ubank executive faces fraud charges
Criminal charges have been laid against Leonardene Classen, a former executive at Ubank, for allegedly defrauding the bank of millions of rand, says a
Business Day
report. It adds the bank's CEO and CFO resigned in the wake of the arrest, and some senior staffers have been put on special leave pending investigations. Ubank, previously
known as Teba Bank, is a retail bank used by mineworkers mostly aligned with the National Union of Mineworkers (NUM). It is owned by a trust managed by the Chamber of Mines and the NUM. Classen allegedly inflated invoices, according to Ubank chairperson and
acting CEO Ayanda Mjekula. ‘We can confirm that an executive was dismissed for fraud in early 2012 following internal investigations conducted by the bank's internal forensic division,’
Mjekula said. According to the report, Mjekula added the bank was also investigating’ further allegations of a ‘procedural nature’. He said these had been brought to the board's attention by the dismissed executive. ‘As a precautionary measure, the bank
has requested select senior individuals to take a leave of absence to ensure that investigations are conducted freely,’ he said. According to the report, the NUM said that it had been informed by Ubank that the alleged fraud amounted to more than R6m.
Full Business Day report
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Plain Language Contract Drafting for Attorneys presented by Juta Law
Juta Law proudly presents a one-day workshop on plain language contractual drafting aimed at attorneys and other legal practitioners. The workshop will be practical and based
on real examples.
The presenters are Elizabeth de Stadler and Ruth Baitsewe. They are currently working on a guide to plain language contractual drafting for Juta.
Elizabeth de Stadler is a senior associate at Esselaar Attorneys, a boutique law firm situated in the centre of Cape Town. The firm services clients with problems related to commercial law, with particular emphasis on Financial Services law, Information
Technology law (cyberlaw), Consumer Protection legislation and credit related services.
Ruth Baitsewe, head of the Unit for Document Design at the Stellenbosch University (SU) Language Centre. After being a full time lecturer at the Stellenbosch University’s Department of Afrikaans and Dutch, Ruth joined the SU Language Centre in June 2009.
She is currently busy with her doctorate in Document Design. Ruth completed both her BA Law and MA in Document Design at the University of Stellenbosch.
* Seating is limited!
Dates:
Thu 17 May 2012 – Norton Rose, Sandton
Thu 24 May – Juta Head Office, Claremont, Cape Town
Time: 08:30 – 16:30
Cost: R2500.00 per delegate, inclusive of Lunch, Parking and Course Material
Contact: Carmen Timm: semi...@juta.co.za
or 021 659 2338
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Litigation:
Judge calls S exual Offences Act absurd
North Gauteng High Court Judge Pierre Rabie had pressing questions yesterday relating to the provisions of the S exual Offences Act, which made consensual s exual activities between children aged between 12 and 16 (be it s ex or kissing) a crime, and asked
whether these were not perhaps ‘absurd’, says a Cape Times
report. The Teddy Bear Clinic for Abused Children, supported by the Centre for Child Law, is challenging these provisions and asked Rabie to declare them unconstitutional.
The Justice Minister and the National Director of Public Prosecutions are opposing the application.
The Teddy Bear Clinic says the consequences of making it a crime for children to engage in consensual s exual behaviour are vast.
These include that children might not access support and health-care services, as they fear they would be prosecuted when it came to light they had had consensual s ex with other children. It was further argued that by going through the criminal justice
system and s ex offender programme they are humiliated and exposed to other offenders. According to the report, Rabie pointed out that in terms of the Act, it would even be an offence if a child under 16 was kissed on the mouth when family greeted each other
by means of kissing. ‘This shows the absurdity,’ the judge said.
Full Cape Times
report (subscription needed)
General:
I treat all cases equally, says Public Protector
Public Protector Thuli Madonsela gives equal treatment to every case she receives regardless of where it comes from, she told 567 CapeTalk yesterday. According to a report in
The Citizen
she said: ‘We don't treat any complaints from any organisation with preference.
I will be writing to the (Higher Education) Minister (Blade Nzimande) asking for evidence.’
She was responding to a comment by Nzimande last week that she was selective and gave preference to cases involving Ministers. He reportedly claimed she was being used by opposition forces and ‘Polokwane grievers’ trying to run the country ‘from the grave’.
‘I just want to say I have a lot of respect for the Minister. I don't think he would violate section 181(3) of the Constitution deliberately by undermining an institution based on democracy,’ she said. Section 181 made provision for the Public Protector, with
part three stating other organs of state should assist and protect such institutions.
Full report in The Citizen
And, almost on cue, she has cleared Defence Minister Lindiwe Sisulu of irregularity in appointing Paul Ngobeni, a fugitive from justice, as a special adviser.
Madonsela said an investigation confirmed that a warrant of arrest had been issued for Ngobeni after he failed to appear in court on various charges including forgery in
the US. However, it was not Sisulu's fault that the departmental vetting process failed to detect this.
‘The vetting process was not thorough enough because it failed to go beyond his word,’ said Madonsela. ‘The Minister did not fail to comply with the relevant process.’ Madonsela added the finding was ‘academic’ as Ngobeni had since resigned. The complainant,
David Maynier, of the DA, said the findings were nevertheless a serious indictment of the Minister. He is quoted by
Die Burger
as saying: 'The Minister summarily refused to investigate allegations against Ngobeni, even when she was confronted with proof that he was a fugitive. But rather than
investigating the allegations, she did her best to protect him.' He added Sisulu had talked up Ngobeni as a 'brilliant legal mind' and said she had 'no reason to doubt his integrity'.
Full report in Die Burger
Full report on the IoL site
Litigation:
Settlement reached in Shivambu hate speech case
Suspended ANC Youth League spokesperson Floyd Shivambu and journalist Carien du Plessis reached a settlement agreement yesterday in a hate speech case before the Johannesburg Equality Court. A report on the
News24 site notes that the parties signed the settlement, which included an
admission and apology by Shivambu. Du Plessis said: ‘I am glad he has apologised and relieved that it's come to an end. It is a vindication for the profession of journalism.’
Du Plessis brought hate speech charges against Shivambu after an SMS exchange between them in May 2010.
In the SMS he wrote: ‘You must learn to respect people. I don't comment on YCL issues and please stop being stupid... I wouldn't want to earn respect from white bitches... so dream on.’ Du Plessis was suing for R100 000 in damages, but the settlement had
no monetary component.
Full report on the News24 site
However, the settlement wasn’t reached before unusual goings-on in the court.
Magistrate Oriel Vele was told that in the four months since the last postponement in case, Shivambu had been unable to meet his lawyers. Defence attorney Lucky Maunatlala
asked for a postponement on these grounds. If it were denied, Shivambu's legal team would withdraw, notes a report in
The Times. Magistrate Oriel Vele agreed with the complainant's Advocate Richard
Moultrie that this constituted ‘a threat’. Maunatlala explained that Shivambu had been busy with issues around the ANC’s disciplinary processes and commitments as an ANCYL leader.
Moultrie said he was ‘astounded’ that Shivambu's team should ask for a postponement simply because Shivambu was ‘too busy’ to meet his team. ‘He regards himself as more important and worthy of indulgence than (Du Plessis) ... and thinks he is more important
than this court.’
Full report in The Times
Criminal: Curio shop manager jailed for illegal ivory
The Cape Town Regional Court jailed the manager of a Sea Point curio shop for in effect five years yesterday for the illegal possession of ivory worth R32m, says a report on the
IoL site. Mark Goldberg (52) appeared before Magistrate Wilma van der Merwe,
who said a lot of illegal ivory was ‘doing the rounds’ in the country, and that merchants involved in the lawful sale of ivory had to be especially observant about its origins. ‘From the outset, I make it clear that the accused was the manager of the shop,
and not the owner,’ she said. The court found it improbable that the accused was not aware of or dealing in ivory.
The conviction was based on the finding that, as the manager, he was fully aware of what was going on in the shop. The court ruled that the accused had full legal responsibility as the manager.
There was no indication that Goldberg was in any way involved in any illegal trade from the unlawful killing of elephants, she said. It was crucial for shopkeepers to be able to distinguish between legal and illegal ivory, but without the necessary permits,
this was impossible when the ivory reached the shops. Goldberg had been unable to explain why the shop was in possession of one ton of ivory without the necessary documentation.
Full report on the IoL site
Litigation: Pretoria street names saga in High Court
It will 'not really be chaotic' if the Tshwane metro display two names for 16 streets in Pretoria before name changes are made final, Judge Neil Tuchten commented during AfriForum's urgent application for an interdict in the North Gauteng High Court yesterday.
According to a Beeld report, the lobby group intends to follow this application
with a review application to set aside the metro's decision on 29 March to change the street names. In court, it emerged that the Gauteng provincial government still has to approve eight of the 25 name changes as those roads form part of provincial roads,
leaving 16 names earmarked for immediate change. Terry Motau SC argued on behalf of the metro that it planned to display the old and new names for six months to eliminate confusion. Quintus Pelser SC, on behalf of AfriForum, said this would add to the
confusion. He said the situation would be chaotic, but Tuchten disagreed. Pelser said the matter was about dignity and cultural heritage. Judgment is expected next week.
Full Beeld report
Criminal:
Mandla Mandela may face contempt charges
Mandla Mandela could face charges of contempt of court after he allegedly emptied his bank accounts of nearly R6m despite a court order prohibiting him from doing so, says a
Daily Dispatch
report.
Half the money in the accounts had been frozen pending the outcome of his divorce from his first wife, Tando Mabunu-Mandela.
The report notes Mandela is alleged to have transferred the cash into the savings account of his four-month-old son. The two FNB accounts were discovered empty by an
ad hoc sheriff last week, after he went to the bank to withdraw cash in terms of a court order. Money was to be paid over to Mabunu-Mandela after Mandela allegedly failed to pay maintenance for the past three months.
Full Daily
Dispatch report (subscription needed)
Local government:
Failing municipalities may be taken over – Zuma
Municipalities that are not functioning properly could well be incorporated into those that are, President Jacob Zuma suggested yesterday, according to a report on the
Fin24.com
site. Responding to questions in the National Council of Provinces, he told members that
the Co-Operative Governance and Traditional Affairs Department, together with the National Treasury, was surveying municipalities in all provinces
and preparing recommendations.
Full report on the Fin24.com site
General:
GP guilty of granting ‘excessive’ sick leave
Dr Toto Enos Mazibuko (59) has been found guilty of misconduct for giving an ‘ailing’ patient extended sick leave without referring her to a spec ialist physician, says a report in
The Mercury. Mazibuko, who has a practice in Umlazi,
was fined R10 000, suspended for three years, when he appeared before a panel of the Health Professions Council of SA. The offence was in connection with his patient Dudu Mazibuko (52), a nurse at Prince Mshiyeni Hospital in Umlazi, who had approached
him for a medical certificate in 2008. He had granted her 14 days’ sick leave. According to the report, the committee found that the number of days off were illegally excessive. The chairperson of the hearing also found Mazibuko guilty of ‘negligence or failure
to isolate causative sources of the lower back pain’. He found that Mazibuko had only qualified for sick leave lasting not more than three days.
Full report in
The Mercury (subscription needed)
General: ‘Khula’ Zuma’s missing assets tracked down
The Citizen
claims to have tracked down vehicles worth millions missed by the sheriff of the Verulam Court when he was looking for Khulubuse ‘Khula’ Zuma’s assets. On Monday, three
of Zuma’s BMWs, some of his household furniture and television were auctioned by the sheriff of the court in Verulam. The auction brought in less than R200 000, but Protea Coin Security, the company that took the legal action against Zuma that led to the auction,
is owed more than R10m.The Citizen
says almost all of Zuma’s collection of cars, many of them not new but very expensively customised, were missed by the sheriff. Although Zuma, a nephew of President
Jacob Zuma, owns an upmarket home in Somerset Park, for at least the past year he has been living in a house in Kentucky Drive, Durban North.
The home is registered in the name of the Roy Moodley Family Trust. When the sheriff of the court attached what he believed to be all of Khula Zuma’s moveable assets, it was from the Somerset Park home – and he appears to have taken cars that were abandoned
by Khula Zuma after breaking down. Zuma’s Kentucky Drive home – and the cars parked there – escaped the attention of the sheriff.
Full report in The Citizen
General: AA board members may face criminal action
The members of the board of embattled Auction Alliance (AA) may face a criminal investigation if former CEO, Rael Levitt, does not honour a summons issued by the National Consumer Commission (NCC), says a
Moneyweb report quoting Consumer Commissioner, Mamodupi Mohlala. However Levitt’s
lawyer Dale Smiedt, of Smiedt & Associates, has indicated that an application to have the summons entirely ‘set aside’ will be heard in the Western Cape High Court tomorrow (Thursday).
The report says Smeidt declined to comment on the substance of the objections to the summons, or on the possibility that either Levitt or AA’s board members may face criminal charges, saying that it would be ‘inappropriate’ given that appeal hearings are
to be held.
Full Moneyweb report
General: Litigation fears follow ‘baby swop’ debacle
There are fears of massive civil litigation against the Free State Health Department after a string of allegations and information leaks about mismanagement at the Katleho Hospital in Virginia. According to a
Volksblad report, the public has access to patient files kept in an old hospital
building. In the latest backlash, the department conceded yesterday that two babies of HIV positive and HIV negative mothers were accidentally swopped.
The incident became public through one of the leaked documents. Spokesperson Jabu Mbalulu said the department had managed to re-unite the babies with their parents through DNA tests. The mothers had gone home with the wrong babies when a nurse was dispatched
to collect the babies. The report notes that the babies were breastfed. Internal disciplinary steps are under way for officials and the families are receiving counselling, he said.
Full Volksblad report
General:
Minister's stand raises more secrecy concerns – editors
The SA National Editors' Forum says it is troubled by the refusal of the Defence Ministry to supply information about the operations of the state's military, naval and air forces. Minister Lindiwe Sisulu has refused to answer questions about planes that shadowed
President Jacob Zuma's flight to the US this year and about faults that developed in the aircraft in which Deputy President Kgalema Motlanthe was a passenger, says an
SABC News
report. ’Sanef is concerned that these refusals by the Defence Ministry to supply information
are further alarming manifestations of the government's desires to clamp down on information,
the prime example of this being the Protection of State Information Bill,’ it said.
Full SABC News report
Media: Multichoice fined for inappropriate age restriction
Private broadcaster Multichoice has been fined R10 000 over an inappropriate age restriction for a comedy show with a full-frontal nude scene, the Broadcasting Complaints Commission of SA (BCCSA) said yesterday, according to a report on the
IoL site.
A viewer complained that a close shot of male g enitalia had been shown in an episode of a comedy gambling show classified as PG13. In a hearing last month, Multichoice admitted that the classification should have been 16 and that the programme had been
wrongly classified by a foreign channel. It accepted responsibility for the error.
Full report on the IoL site
Litigation:
Fight over eThekwini rates debts
Flat owners in Durban are fighting off a flood of court applications – apparently brought by the eThekwini municipality – to have their buildings placed under administration, in some cases for debts of as little as R3 000, says a report in
The Mercury
. With the assistance of Durban’s Legal Resources Centre (LRC), activist Desmond D’SA and the Poor Flat Dwellers Association made an application in the KZN High Court
(Durban) to become amicus curiae in 142 pending applications against bodies corporate.
They want to run one case testing the legality of the applications, which, they allege, are being brought by a third party which bought old body corporate rates debt from the municipality in 2008. The report notes while the applications are said to be
brought in the best interests of the owners and aimed at getting so-called ‘bad buildings’ back on sound financial footing, the LRC’S Mahendra Chetty said it seemed the Sectional Title Act was being abused and used to recover debt, some of which might have
already prescribed. According to Chetty’s affidavit, which came before Judge Yvonne Mbatha yesterday, in one of the cases the body corporate had previously been placed under the control of an administrator, a fact not disclosed in the application.
Full report
in The Mercury (subscription needed)
Legislation:
New liquor laws may criminalise local shebeens – study
Research by the Sustainable Livelihoods Foundation shows evoking the licences of informal liquor traders in the townships could force them to go underground and operate illegally, says a
Cape Times
report. Several concerns about the Western Cape Liquor Act that came into effect on 1 April were raised by the foundation’s director, Leif Peterson, who said there were
25 000 shebeens in the province that provided 212 500 jobs. He said interviews were conducted with 211 informal and licensed liquor traders in George, Atlantis and Delft. It was found that the drinking culture there differed from that of the middle class.
Informal shebeens were unlikely to relocate from their local customers to high streets, which could cause the criminalisation of small businesses and police corruption.
‘These traders were spending an average of R41 700 trying to obtain a licence. We found that most people bought liquor on an as-required basis at traders closest to their homes. People use these spaces for recreation after hours as there was nothing else
for them to do,’ he is reported to have said.
Full Cape Times
report (subscription needed)
Litigation:
‘Not entirely innocent’ Denel employee wins damages
The North Gauteng High Court has ordered the Defence Minister to pay R60 000 in damages to a mechanical engineer employed at Denel after he was twice arrested by the military police at Waterkloof Air Force Base, says a
Pretoria News
report. The Defence Minister earlier admitted that the arrests and detention of Johannes Wagner were wrong and unlawful.
Judge Tatu Makgoka, however, found that the military police did not act out of malice when they arrested Wagner,
and that he was not entirely without fault. In June 2009, Wagner was involved in an accident on the base when he reversed into and drove over the foot of a military police officer. Officers who witnessed the incident said Wagner had caused the accident
intentionally, which Wagner denied. In the second incident a month later, Wagner was arrested while taking pictures of the base, although he claimed he only took a picture of a vehicle parked illegally to ‘report the driver to the traffic authorities’. But
pictures handed to court showed various scenes at the base. The judge said bearing in mind that Wagner was not ‘entirely an innocent party’, R60 000 in damages would suffice.
Full Pretoria News report
Latest Juta Statute Bulletin
Listings in the Juta Statutes Bulletin for the week to 20 April include:
PROCLAMATIONS and NOTICES
Department of Energy: Call for expression of interest to be included in a database of potential Board Members of state owned entities reporting to the Minister of Energy.
MERCHANDISE MARKS ACT 17 OF 1941: Proposed prohibition on the use of FAIS Ombud Logo published for comment.
CUSTOMS AND EXCISE ACT 91 OF 1964: Amendment of rules (DAR/103).
FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT 54 OF 1972: Soft Drinks Regulations amended with effect from 12 months after date of publication. Closing date for comments on draft regulations relating to foodstuffs for infants and young children published
on 2 March 2012 extended.
COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT 130 OF 1993: Annual increase in medical tariffs for: wound care, renal care and blood services (published with effect from 1 April 2012.
SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT 7 OF 1998:
Draft First Amendment to the South African National Roads Agency Limited and National Roads Regulations (Exemptions from Payment of Tolls) published for comment. Conditions for toll.
SOUTH AFRICAN CIVIL AVIATION AUTHORITY LEVIES ACT 41 OF 1998: Terms and conditions for payment of aviation fuel levy.
PUBLIC FINANCE MANAGEMENT ACT 1 OF 1999: Standards of Generally Recognised Accounting Practice (GRAP 25: Employee Benefits) prescribed in terms of s. 91.
COUNCIL FOR MEDICAL SCHEMES LEVIES ACT 58 OF 2000: Levies on medical schemes.
AUDITING PROFESSION ACT 26 OF 2005: Independent Regulatory Board for Auditors (IRBA): Fees payable to the IRBA with effect from 1 April 2012 published.
SECOND-HAND GOODS ACT 6 OF 2009: Date of commencement of all sections of the Act which have not yet been put into operation: 30 April 2012.
The full text of Juta's Weekly Statutes Bulletin is available free of charge in the Reading Room of Juta Law's Resource Centre (registration required).
Click here to register on the Juta Law site.
Full list on Legalbrief Today site
IN COURT
State witness in Tatane case gets a grilling
The testimony of the state's first witness in the murder and assault trial of seven Free State policemen came under scrutiny in the
Ficksburg Regional Court yesterday. Cross-examining local teacher Phillip Selokoe on his evidence in chief, the policemen's defence counsel Johann Nel spent most of the day pointing out discrepancies in his testimony, notes a report on the
News24 site. The state has alleged that Andries Tatane tried to protect elderly
people from the police’s water cannon by moving between it and two old men. It claimed that two of the policemen fired rubber bullets at Tatane at close range. According to the indictment, one of the rubber bullets was fired directly at his chest and penetrated
his chest cavity. The state has further alleged that the policemen did not try to arrest Tatane, but let him go and he staggered away, collapsed and died. The indictment indicated that Tatane died of a gunshot wound to the chest. The policemen have rejected
all allegations against them and deny that they acted unlawfully. Yesterday, the policemen's defence counsel at various times submitted to the court that Selokoe was an elusive witness when asked about the crowd’s behaviour on the day of the incident. Nel
submitted that Selokoe could not have seen what objects were thrown from the roof of the municipal buildings before the situation became out of hand. Nel also questioned Selokoe's testimony that he heard Tatane asking the police's water cannon operator to
spray him instead of two older men standing to one side. ‘You could hear what Tatane said, amongst all the commotion of people running away and police shooting teargas and rubber bullets,’ asked Nel. Selokoe said he had, but Nel indicated that it was highly
improbable with the commotion on the ground.
Full report on the News24 site
Dad denies he killed baby son
Alleged killer dad Nolan Schoeman told the
North Gauteng High Court yesterday that he did not cause the death of his infant son Wade, notes a report on the
IoL site. He admitted that he and Wade's mother Marissa Rudman used drugs while
the baby was in hospital. He also told the court he was high on drugs when Wade was taken to hospital. Schoeman (32) and Rudman (36) are on trial for Wade's murder. Both have pleaded not guilty to abusing and murdering him in April 2009, and to abusing another
child. Wade died of head injuries several days after he was admitted to hospital in a critical condition. Schoeman told the court that a boy who said he had seen Schoeman punching the two-month-old baby ‘must have been influenced’ as he now lived with his
father. Schoeman held his head between his hands while looking at photographs of his baby's battered body. He said he was ‘surprised’ to see the injuries as he had only seen a bruise on the baby's forehead.
Full report on the IoL site
Workers sentenced for stealing from company
Two Cape Town office workers were sentenced for stealing thousands from their company by the
Bellville Magistrate's Court yesterday, says a report on the IoL site.
Marlene Septoe and Soraya Hassiem stole R711 896 by manipulating the books of Sanitaryware, in Epping, an industrial area near the city. The court heard that asset-confiscation proceedings would be launched against Septoe to try to recoup the stolen money.
This meant she could lose her house. Septoe was found guilty on 144 counts of theft and was sentenced to three years house arrest and a four-year suspended jail sentence. Magistrate Amrith Chabillal also ordered Septoe to do 16 hours of community service for
every month she was under house arrest. Hassiem, who Septoe employed, was found guilty on 123 counts and was sentenced to three years house arrest and community service.
Full report on the IoL site
Vehicle test trio fined for bribery
Three men have been sentenced to four years imprisonment or a fine of R40 000 each by the
Bellville Spec ialised Commercial Crimes Court for trying to bribe an inspector who found that they were illegally passing vehicles at their vehicle testing station, notes a
Cape Times
report. Craig Nicol and brothers, Allie and Agmat Bedford, were sentenced by Magistrate Amrith Chabillal after they entered into a plea agreement with the state. The
trio pleaded guilty to offering a R5 000 bribe to an inspector with the Western Cape Department of Transport and Public Works’ Compliance Monitoring Unit, after he discovered vehicles, which had not been ‘physically tested’, were issued with roadworthiness
licences. According to the report, Chabillal sentenced the men to four years imprisonment or R40 000 each with two years or R20 000 suspended for five years on condition that they were not found guilty of corruption or of contravening the Prevention and Combating
of Corrupt Activities Act.
Full Cape Times
report (subscription needed)
No bail for alleged hit man
Citing the violent nature of the crime and the interests of society, Magistrate Anita Govender yesterday refused to grant bail to alleged hit man Azaad Arumugam (28), accused
of killing Desmond Govender (42), says a report in The Mercury. Govender, who
was shot six times at close range, had been walking with his son, Kyrin (8), when he was approached by the gunman. The state opposed bail, as it claimed Arumugam did not have a stable job, could intimidate witnesses and might evade his trial. However, Arumugam’s
advocate argued that his client could not be deemed to be a flight risk or a danger to society. According to the report, Govender ruled in the
Durban Magistrate’s Court that it was not in the interests of justice for Arumugam to be released on bail. The case was adjourned to 12 June for a public prosecutor’s decision on whether the case should be moved to the High Court.
Full report
in The Mercury (subscription needed)
Boy claims he witnessed murder
A boy (10) has told the
KZN High Court (Pietermaritzburg) that murder accused Erwin Ramsamuj (20) held a pistol to the head of Kubendhram Pillay and fired, says a report in
The Witness. Ramsamuj has pleaded not guilty to the murders of Kubendhran Pillay,
Merle Maistry and Musawenkosi Ndlovu, who were all shot in the head at in May last year. The youth, who was the only witness to the murders of the three, asked that he should not have eye contact with Ramsamuj. A screen was put up in front of Ramsamuj. The
report notes the youth twice broke down during his testimony. According to the report, the defence lawyer said that Ramsamuj’s defence was an alibi – Ramsamuj said he was at ‘Mike’s’ shebeen and in the company of Mike’s wife.
Full report in The Witness (subscription needed)
Other IN COURT reports online
Murder accused sent for observation
Pawnbrokers released on R20 000 bail
TODAY'S ANALYSIS
General: Answers, please, on court-aligned mediation
Whether the introduction of court-aligned mediation (CAM) by the Department of Justice’s Mediation Rules will do for civil dispute resolution what the Labour Relations Act has done (via the CCMA) for labour dispute resolution is questioned in an article by
Advocate Jacques Joubert, commercial mediator and author of popular mediation blog – Woza Mediation South Africa – in an article on the
Legalbrief Today
site. He points out the CCMA’s success is largely down to the codification of the common law by the LRA; the fact that the CCMA is limited to labour disputes (whereas
the ambit of CAM is unlimited and applies to all disputes, arising in all industries), and CCMA mediators are knowledgeable in the subject matter (LRA) of labour disputes (whereas subject-matter knowledge is not a requirement for CAM mediators). He notes
Mediation Rules provide that every notice of intention to defend an action or application filed in the courts will activate a mediation to be administered by a service provider accredited by the Justice Department. This, he says, means all contested
causes of actions will automatically be referred to an accredited service provider – the sheer volume of mediations raising capacity concerns. Noting the gr apevine has it that CAM will be launched 1 July in four High Courts, he asks – in the interests of
transparency and accountability – the department to answer the following questions: When and where will CAM initially be implemented; who will accredit CAM’s service providers (ASPs); what are the department’s requirements for appointment as ASPs; has any
ASP already been appointed; what will the applicable tariff for mediators be; what will the applicable administration fee payable to the ASPs be; who will pay the mediators; who will pay the ASPs; who will direct the flow of mediations to the ASPs, if more
than one ASP is appointed to a particular court; what is the DOJ’s estimation of the average number of High Court mediations expected to flow each month to ASPs?
Full article on the Legalbrief Today site
AFRICA
General:
Kenya gets terror warning from US
The US embassy in Kenya has issued a terror warning to its citizens in the country, warning them of a possible attack on Nairobi hotels and prominent Kenyan government buildings.
BBC News
reports that while the timing of the potential attack was not known,
Washington had reason to believe that it was in the last stages of planning.
In 1998, the US embassy in Nairobi was bombed by al-Qaeda operatives who rammed its gate with a truck. The UK issued a similar warning to its nationals in Kenya this year.
Full BBC News report
Criminal:
Taylor judgment tomorrow
Judgment in the trial of former Liberian President Charles Taylor will be delivered at 9am GMT tomorrow (Thursday) by Justice Richard Lussick. According to a report on the
allAfrica.com
site, Taylor is charged with 11 counts of war crimes, crimes against humanity, and other serious violations of international humanitarian law. He has pleaded not guilty
to all of the charges. He is the first former head of state to face judgment before an international tribunal.
Although the judgment will be delivered in The Hague, the proceedings will be streamed live to the Special Court compound in Freetown.
They will also be streamed over the Internet. According to a report on the
News24
site, the trial, which saw model Naomi Campbell testify she had received diamonds from the Taylor, wrapped up in March 2011. Prosecutors alleged that the Revolutionary
United Front paid Taylor with illegally mined so-called blood diamonds worth millions, stuffed into mayonnaise jars.
Full report on the allAfrica.com site
Full report on the News24 site
General:
Zimbabweans seek UN support on elections
Hundred of demonstrators have marched in London to urge the UN to supervise the next general elections in Zimbabwe. Organised by Zimbabwe Vigil, the protesters handed their petition to a representative of UK Prime Minister David Cameron at 10 Downing Street.
According to a report on the allAfrica.com
site,
it calls for the deployment of peace-keeping troops before, during and after the polling. The petition has been signed by more than 12 000 people over the past two years. The London-based organisation also called on South Africa to pressure Zimbabwean
President Robert Mugabe into honouring the 2008 Global Political Agreement.
Full report on the allAfrica.com site
WORLD
Criminal:
Iceland ex-PM cleared of negligence over 2008 meltdown
Former Icelandic PM Geir Haarde has been found not guilty of negligence over the 2008 financial crisis that saw the island's economy go into meltdown. According to a
BBC News
report, a special court in Reykjavik said Haarde would face no punishment and his legal expenses would be paid for. But he was found guilty of one of the four charges:
not holding Cabinet meetings when things turned critical. Haarde (61) is thought to be the first world leader to face criminal charges over the financial crisis. Iceland's three main banks collapsed during economic turmoil and the failure of online
bank Icesave hit thousands. The collapse led to a dispute over compensation between the UK and Iceland, which remains unresolved.
Full BBC News report
Legislation:
UK moves to plea bargains in complex financial crime cases
The introduction of plea bargains into complex financial crime cases is set to become a reality after it emerged the UK Ministry of Justice is to sponsor the necessary legislation, says a report in
The Daily Telegraph. The government department has started working on a consultation
on the new law to begin in June. The plea bargains, known as deferred prosecution agreements, have already received the support of the Attorney-General, Dominic Grieve. However, to become law they needed the support of either the Home Office or Ministry of
Justice. A Ministry of Justice spokesperson said: ‘We are developing proposals for deferred prosecution agreements to tackle corporate crime more effectively. The government intends to publicly consult on these proposals this summer.’ Deferred prosecution
agreements are a US legal construct that allows companies to settle criminal prosecutions without going to trial, the report says.
Full report in The Daily Telegraph
Criminal:
UK weapons accused granted bail by Texas judge
Christopher Tappin, the British businessman accused by the US of plotting to sell weapons parts to Iran, has been granted bail by a Texas judge. A report in
The Daily Telegraph
notes that Tappin (65) is set to be released from Otero Prison in the New Mexico desert this week after a court overturned an earlier decision to hold him until his
trial on weapons smuggling charges. The millionaire from Orpington, Kent, was ordered to submit a $1m bond, including $50 000 in a cash deposit which was paid by his family.
District Judge David Briones also ordered that he live at the home of his US defence attorney, Dan Cogdell, or else stay within an 8km radius of his house in Montgomery County. In his written orders justifying the decision to release Tappin, Briones wrote:
‘He is an older gentleman with some health problems, a pillar in his community, and has a strong support system.’
Full report in The Daily Telegraph
Internet:
US targets rights abuse by technology
US President Barack Obama has issued an executive order that will allow the US to impose sanctions on foreign nationals who have used technology to participate in the violation of human rights, notes a
Jurist report. Obama signed the order after he indicated that Iran and Syria's
governments have committed various abuses against human rights with the help of technology, including computer monitoring and network disruption.
Under the order, any person found to have used technology to carry out a human rights abuse is not permitted to enter the US.
While the order is aimed at agencies aiding the Syrian and Iranian governments in controlling its citizens through monitoring and surveillance, the administration has indicated that future executive orders targeting other countries are possible, according
to the report.
Full Jurist report
General:
Council of Europe agrees to ECHR reforms
The 47 member states that make up the Council of Europe have agreed to a declaration that will bring new changes to the European Court of Human Rights (ECHR) in order to make it more efficient, says a
Jurist
report. The declaration, which comes as an attempt to better facilitate operations at the overloaded ECHR, includes a provision that makes is easier for the court to
reject cases that should not be at the international court level. The declaration also provides for more funding to go to the ECHR in order to increase resources and staff.
While provisions already exist that require a case to exhaust all appeals within the member state, the declaration gives these provisions a more narrow interpretation and requires member states to apply ECHR rulings to cases involving similar facts in order
to avoid backlogs of cases. All member states still need to officially ratify the declaration, which is expected to be complete by 2013, the report notes.
Full Jurist report
Media:
Sky News in the dock over e-mail hacking
This week’s Leveson Inquiry at London’s Royal Courts of Justice has been spiced up with news that Britain's media watchdog launched an investigation into two cases of e-mail hacking by Sky News, the satellite broadcaster partly owned by Rupert Murdoch. BskyB
had previously avoided any fallout from the hacking scandal but its admission this month that it accessed private e-mails for a story in 2008 on insurance fraud has dragged the company into the frame,
notes the latest issue of eLaw & Management. This is one of a varied menu
of IT law reports featured in today’s issue of our weekly companion product. The popular newsletter – delivered every Wednesday morning – provides subscribers with an overview of global developments in electronic law and technology risk.
REGISTER NOW for a free two-week trial subscription to our
eLaw & Management news service.
TODAY'S BRIEFS
* University of the Western Cape Professor Sean Davison
has been released from his house arrest restrictions in New Zealand. He served five months of house arrest after pleading guilty to assisting his terminally ill mother to die. Davison will return to SA next week when he ill continue to lobby for the
legalising of euthanasia.
– Volksblad
* A Free State male nurse
accused of r aping a terminally ill cancer patient in a Bloemfontein hospital last year appeared in the Bloemfontein Magistrate's Court yesterday case was postponed to 30 May for further investigation. The 33-year-old nurse appeared for a trial date
to be set in the High Court. The man is out on bail.
– IoL
* A Vietnamese man
allegedly found with three rhino horns appeared in the Kempton Park Magistrate's Court yesterday when the case was postponed to 4 May for bail application. He was remanded in custody.
– IoL
* A stripper employed by the Mavericks Revue Bar nightclub appeared in the Cape Town Magistrate's
Court yesterday. Olga Gretu (33) was warned to appear again on 18 May. She was one of 12 strippers who appeared in court on Monday. Charges of failing to comply with duties or obligations imposed by the Immigration Act, and entering and remaining in
SA after their temporary residence permits had expired, were withdrawn against the other 11.
– IoL
* Rahul Sewnarain made a brief appearance in the Durban Magistrate’s Court yesterday. He
charged with assault with intent to do grievous bodily harm for hitting a student at a nightclub in Durban North in February.
The case was adjourned to 9 May.
– The Mercury
(subscription needed)
* The Norton Rose Group has
strengthened its China practice with the relocation to the Group’s Beijing office of Milton Osborn, a Johannesburg-based banking, finance and private equity partner.
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CONTACT LEGALBRIEF
Tel: (021) 659 2300
Fax: (021) 659 2360
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Call for papers
The
Intellectual Property Law Journal (IPLJ) is a newly-established bi-annual peer reviewed journal of the Faculty of Law, University of Cape Town (UCT). It will provide a platform for debate on local and international Intellectual Property issues with relevance
to SA. The IPLJ will publish academic debates, policy interventions and practice-focused pieces.
The IPLJ enjoys the support of an eminent Advisory Board drawn from the judiciary, academia and private practice from SA and beyond. Advisory Board members include Justice LTC Harms, Professor Coenraad Visser (UNISA), Professor Julian Kinderlerer (UCT),
Tshepo Shabangu (President, South African Institute of Intellectual Property Law & Spoor & Fisher), Professor Jeremy Phillips (Queen Mary Intellectual Property Research Institute & Editor-in-Chief,
Journal of Intellectual Property Law & Practice) and Professor Peter Yu (Drake University & Editor WIPO
Journal).
The IPLJ is calling for submissions to its inaugural issue which will be published in November 2012.
Calls for papers
Submissions: Submissions may be in the form of articles, notes and book reviews. The
IPLJ sets no minimum length for submissions, but they should generally not exceed 12 000 words (articles), 5 000 words (book reviews and case notes) or 3 000 words (opinion and practice pieces). Please send submissions to the
IPLJ’s managing editors Ms Lee-Ann Tong and Dr Caroline Ncube by 1 July 2012 via e-mail to
edito...@uct.ac.za
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New titles
from Juta Law
Labour Law into the Future:
Labour Law into the Future is a volume of analytical pieces in honour of Professor D’Arcy du Toit.
– More information
Questioning: The Undefended Accused
Questioning: The Undefended Accused – Practical Examples for Magistrates is aimed at assisting both acting and newly-appointed magistrates in the questioning of an undefended accused appearing before them in a criminal matter. Each chapter relates to
a different offence and gives a clear and concise explanation of what magistrates can encounter in practice. Relevant theory and practical examples on how to question are provided. Handy pro forma sheets are included at the end of the book listing required
questions, explanations and procedures for use in court.
– More information
Private International Law
Private International Law has become the standard work on South African private international law.
– More information
A Guide to Bail Applications
A Guide to Bail Applications introduces the lawyer to the practical side of the bail application. This book describes the effect of bail and explains the procedures and steps in a successful bail application.
A Guide to Bail Applications contains all the relevant forms for the bail application at the back of the book. Useful discussions of relevant cases are included throughout the book as case studies.
-More information
Legal Aid Guide 2012
The Legal Aid Guide 2012 sets out in detail the Legal Aid policy and procedures as well as the work of Legal Aid South Africa. It is written in plain language and aimed at legal practitioners representing legal aid clients, paralegals, unions and NGOs
advising people in getting legal aid and individuals needing legal representation and assistance.
– More information
Quantum of Damages in Bodily and Fatal Injury Cases The Quick Guide: Quantum conversion tables and medical diagrams 2012
The 2012 Quick Guide provides researchers with a compact guide aimed at quickly and easily categorising injuries and determining comparative quantum awards handed down in both the courts and in selected arbitrations.
– More information
Short-term Insurance Act 53 of 1998
This new title in the Juta's Pocket Statutes Series reflects the law as at 12 March 2012.
– More information
Criminal Procedure Act 51 of 1977 and RegulationsThe 5th edition of this title
in the Juta's Pocket Statutes series reflects the law as at 27 February 2012.
– More information
Juta’s Compendium of Tax LegislationThe 2012 edition of
Juta’s Compendium of Tax Legislation examines the amendments to South African tax law through a new lens.
– More information
Promotion of Equality and Prevention of Unfair Discrimination Act; Promotion of Access to Information Act; Promotion of Administrative Justice Act & Related Material
The second edition of this title in the Juta's Pocket Statutes series reflects the law as at 13 February 2012.
–
More information
National Environmental Management Act Environment Conservation Act & Regulations
The third edition of this title in the Juta's Pocket Statutes series reflects the law as at 13 February 2012.
– More information
Older Persons Act 13 of 2006
This new title in the Juta's Pocket Statutes series reflects the law as at 27 February 2012.
– More information
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LAW REPORTS
From Juta:
Consumer Law Review
– April 2012
Advance Notification – South African Law Reports
– May 2012
Advance Notification – South African Criminal Law Reports
– May 2012
Advance Notification – Namibian Law Reports 2011 (2)
– 2010 (2)
Industrial Law Reports
– May 2011
Juta's Tax Law Review
– March 2012
Advance Notification – Burrell's Intellectual Property Law Reports
– 2010
Industrial Law Journal Preview
– February 2012
From LexisNexis:
Advance Notification – Butterworths Arbitration Law Reports
– April 2012
Advance Notification – Butterworths Constitutional Law Reports
– April 2012
Advance Notification – Butterworths All SA Law Reports
– April 2012
Advance Notification – Butterworths Labour Law Reports
– April 2012
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