17 Sep 2013

Legal

Avoid bad BEE practices

Whether one likes it or not, laws applicable to BEE are in place, and in this article Deon Oberholzer shows you the 10 bad BEE practices that could result in you losing your business.

This must be the only country in the world with a so-called "strike season" - so it's no surprise to learn that the new tyre manufacturing industry negotiations deadlocked.

Doesn't anyone seem to realise that a strike is the last resort, not among the first?

Some might think, with good reason, that this country is becoming a nanny state, and others might be in total agreement with the proposed ban, but in the meantime, the alcohol industry is demanding a say on the bill banning alcohol advertising.

Come on, admit it... our taxis are among our favourite road-users... NOT! So here's a heady little tale of the taxi that shocked police officers.

Rod Baker, Content Director

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Weekly top stories

POPI must comply
[Lize de la Harpe] The Protection of Personal Information Bill ("POPI") was passed by parliament on 20 August 2013. The bill will now be sent to the president to sign into law and will come into operation upon being published in the Government Gazette, or upon a later date if specified by the president. Read more >>

Legal
SA Charter of Students' Rights and Responsibilities created
South Africa lags behind other parts of the world when it comes to defining the rights of students in a single document. The Bill of Rights covers their most basic rights; however, an opportunity exists to start the process of solidifying rights that are specific to South African students. Read more >>



Fund found guilty of delaying death benefit payment
The Momentum Retirement Fund has been ordered by the Pension Funds Adjudicator to pay a widow her late son's death benefit after his wife had absconded when he became ill. Read more >>

Open for business
[Issued by Bizcommunity.com] A Bizcommunity Press Office has become the obvious means by which to constructively steer what you want people to know, think and perceive about your company in the public realm. Read more >>  visit press office >>


Commercial Law
Alcohol industry demands say on bill
The health department has made it impossible for the alcohol industry to make input on a proposed ban on alcohol advertising, the industry claims. Read more >>

Trademark rules are a first for Rooibos protection
The publication of rules governing the use of the name Rooibos is a first step in preventing its misuse and achieving international protection for the iconic South African plant, says the South African Rooibos Council. Read more >>

Do not underestimate the value of design protection
[Danie Pienaar] Through past experiences I have found that, when developing a new product, clients are often aware that, in order to prevent others from copying their product, they need to acquire patent protection. Read more >>
ICANN's Amazon problem
[Vicky Stilwell] Domain name issues continue to make the news. We recently wrote an article about the new Generic Top Level Domain Names (gTLDs) that people have been speaking about for some time, and that are likely to start making an appearance later this year. Read more >>

Bata Toughees' sole reason for suing rival
[Waldo Steyn] It's been reported that Bata Toughees manufacturer, Futura Footwear, is suing a rival called Novita in South Africa for selling shoes which bear a similar wavy sole pattern. Read more >>

Treasury to amend hybrid debt taxation proposals
Treasury has agreed to amend some of its proposals on the taxation of hybrid debt instruments in response to comments made by tax experts on the draft Taxation Laws Amendment Bill. Read more >>

Blue Label considers its options in dispute
[Thabiso Mochiko] Blue Label Telecoms reiterated in a Sens statement on Monday (9 September) that it was considering its legal options in the dispute between former Blue Label subsidiary Africa Prepaid Services Nigeria (APSN) and Telkom as well as Multi-Links Telecommunications Limited‚ a former wholly-owned subsidiary of Telkom. Read more >>


Criminal Law

Zuma sends Info Bill back to Parliament
President Jacob Zuma has sent the Protection of State Information Bill back to the National Assembly over concern that two sections in the bill are unconstitutional. Read more >>

Domestic crime is on the rise
Crimes committed by domestic workers in South Africa are on the rise and employers need to know how to deal with this constructively. According to Statistics South Africa, over one million people work as domestic servants in South Africa. As with most crimes in South Africa, though, there are no available statistics to indicate how serious the situation is. Read more >>


Labour Law
Affirmative action solution is social dialogue says Solidarity
A real solution for affirmative action must be sought through social dialogue and not the courts, the lobby group Solidarity said on Sunday (15 September). Read more >>

Saboteurs should be dismissed
Striking workers who sabotage employer property during strike action should face dismissal. This is according to Johan Botes, director in the Employment Practice at Cliffe Dekker Hofmeyr. Read more >>

Hidden entitlements: rights of trade unions under Companies Act
[Mohsina Chenia and Nicholas Preston] The Companies Act is typically not in the foremost of one's mind when discussing the impact of labour legislation. However, employers dismiss the importance of this statute at their peril. Read more >>

Labour law critics don't make fair comparisons - Zuma
Critics of South Africa's labour laws fail to compare the country's laws to those of other similar countries or to consider the country's history when workers had few rights, President Jacob Zuma said today. Read more >>

Long-awaited immigration policy changes
A senior partner at the law firm Werthschröder Inc., Angelika Yakovchuk was instrumental in changing a South African immigration policy which now allows foreign professionals to apply for an extension of their work permit status in South Africa while in the country. Read more >>

Avoid bad BEE practices
Deon Oberholzer, CEO of SANAS accredited BEE verification agency, Veri-Com, considers the ten bad BEE practices that could result in losing one's business. Read more >>

Concern about rise in sick leave
The number of sick days taken between 2000 and 2013 has increased by a staggering 466%. In 2000, 700,000 days sick leave were taken by employees which rose to 3.96 million in 2013 - despite employment remaining almost stagnant during that period, according to Adcorp's latest Employment Index. Read more >>


Law Practice
New legal hotline launched to report bad lawyers
A new hotline to report wayward lawyers has been launched. Read more >>

Media allowed to film Mdluli case
News crews were allowed to film court proceedings in the Richard Mdluli matter on Wednesday. Read more >>


International

NSA snooped on Belgium phone company: report
BRUSSELS, BELGIUM: Belgian telecom giant Belgacom said on Monday its network had suffered an "intrusion" which a media report blamed on the US National Security Agency (NSA) as it snooped on communications in Africa and the Middle East. Read more >>

British police probe phone-hacking at Sunday Mirror publisher
LONDON, UK: The publisher of Britain's Sunday Mirror newspaper said on Thursday that it is being investigated for alleged phone-hacking by former staff. Read more >>

Yahoo CEO fears defying NSA on data could mean prison
SAN FRANCISCO, US: Yahoo chief Marissa Mayer on Wednesday said she feared winding up in prison for treason if she refused to comply with US spy demands for data. Read more >>


More International


Government

Parliament receives unqualified audit
Parliament said on Wednesday (11 September) it has been given an unqualified audit for the past financial year. Read more >>


More Government news


New events to diarise

LvA Annual Art Auction
Lawyers Against Abuse - 16 Sep 2013 Johannesburg
Chinese law and investments in Africa
The Professional Development Project - 16 Sep 2013 to 27 Sep 2013 Cape Town
Consumer Law Update
The Professional Development Project - 19 Sep 2013 Cape Town
The protection of personal information
The Professional Development Project - 24 Oct 2013 to 25 Oct 2013 Cape Town
Procurement contract and commercial law
Lead GLobe Group - 28 Oct 2013 to 30 Oct 2013 Pretoria
Construction Contract Law
Alusani Skills & Training Network - 11 Nov 2013 to 12 Nov 2013 Johannesburg


Upcoming events

The Companies Act and Business Rescue Seminar
Front Foot Strategic Consulting - 17 Sep 2013 Johannesburg
Criminal Evidence/Suspect Handling/Investigations
Vuthlari Marketing - 18 Sep 2013 to 20 Sep 2013 Johannesburg
Consumer Law Update
The Professional Development Project - 19 Sep 2013 Cape Town


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