13 Nov 2012

Legal

 



The end is nigh...

With five more weekly newsletters to go, and just a few more sleeps until you find yourself pushing and shoving in a crowded shopping mall searching for that one last gift, the news flow is yet to slow! All 26 of our industry newsletters are jam-packed with what's what with the who's who.

The annual Checkers/Shoprite Toy 4 Toy campaign launched this week, so if you have any new or used toys laying about that little Susie's outgrown, why not donate them to a less fortunate child. The campaign runs until early December.

After Randall Abrahams handed over the SAMA CEO baton to Nlanhla Sibisi, the 2013 MTN South African Music Awards is now open for entries. Look out for a few category changes here and there, and have your entries in by 30 November 2012. As my father recites whenever buying his tata ma chance ticket, you have to be in it, to win it...

Still on the topic of winning, well done to the KZN-based African Centre for Crop Improvement for scoring its first award! Conferred by A Green Revolution for Africa for "exceptional contributions to food security in Africa", the ACCI received its award from Nobel peace prize laureate Kofi Annan.

Lastly, in an endeavour to keep our coasts clean and our marine life protected, the Western, Northern and Eastern Cape coasts will soon have bins in which fishermen can discard broken or used line. The project, successfully implemented along the Overberg's Gansbaai shoreline, uses PVC pipe as bins for fishing line. According to John Kieser, sustainability manager of Plastics|SA, the project has received plenty of support from the public and fishermen have also welcomed the initiative. Well done to all involved!

Sindy Peters: Group Head, Content

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Top stories


Editorial news

Legal


High Court rules in favour of City Press journalist
The North Gauteng High Court ordered three private companies to allow a City Press journalist to view and make copies of the lists of shareholders or members of the companies. The South African National Editors' Forum (Sanef) welcomes the ruling which effectively ensures greater transparency in the country's business affairs. Read more >>

Cellphone jamming is illegal says Icasa
The use of a device to jam cellular phone signals, privately or publicly, is illegal, the Independent Communications Authority of South Africa (Icasa) said on Wednesday. Read more >>

Immunity for full disclosure
[Andries Le Grange] In the SCA case of Agri Wire (Pty) Limited and The Commissioner of the Competition Commission and others (SCA Case 660/2011), the court found that the Competition Commissioner may grant immunity under the Corporate Leniency Policy ("CLP") to a firm that makes full disclosure to the Commission of a cartel contravention and co-operates with the Commission in the prosecution of the contravention. Read more >>

Discovery, clients target lawyers for alleged overcharging
An accident victim and his wife launched a court application last week to have personal injury lawyer Ronald Bobroff and his son Darren Bobroff struck off the roll. Read more >>

Commercial law


1Time's liquidators appointed
Provisional liquidators for the budget airline 1Time have been appointed after the North Gauteng High Court granted the company a provisional liquidation order. Read more >>

The voetstoots clause - no longer always a defence
[Michael Hands] For a century and more, the "voetstoots" clause in a contract has proved a solid bulwark for a seller of goods or property. In essence, this clause records that the subject of the sale, whether movable goods or immovable property, is sold "as is" and without any warranties as to its condition or suitability. This meant that the purchaser had to accept the goods with all defects, whether latent (hidden) or patent (obvious). Read more >>

Not in my back yard
[Kathleen Rice and Nomsa Msibi] A recent decision by the Supreme Court of Appeal (SCA) in the matter of Mobile Telephone Networks Limited (Pty) Ltd vs SMI Trading CC [2012] ZASCA 138 SCA on the powers of electronic communications network service licensees to enter private land to construct and maintain networks may well give private landowners, particularly those with large tracts of land, cause for concern. Read more >>

Tax Administration Act aims to simplify
The Tax Administration Act (Act 28 of 2011) took effect from 1 October, apart from certain provisions relating to interest, which will take effect from a date still to be determined. According to the SARS Short Guide to the Tax Administration Act, the Act "aims to simplify and consolidate, into one Act, a more logical and systematic way of dealing with the tax administration law. Read more >>

Criminal law


11 arrested in De Doorns
Eleven people were arrested after police "took action" against protesting farmworkers in De Doorns on Monday (12 November), Western Cape police said. Read more >>

SABC Freedom of expression complaint withdrawn
A complaint by Freedom of Expression Institute (FXI) against the SABC over the black-listing of commentators has been withdrawn. Read more >>

Blow to companies linked to Malema
The North Gauteng High Court ordered three companies linked to expelled African National Congress Youth League president Julius Malema to allow City Press assistant editor Adriaan Basson and Media 24 to inspect or make copies of the securities registers of the firms within five days of the order. Read more >>

Cigarette smuggling costs SA R12bn a year
South Africans will smoke eight-billion smuggled cigarettes this year‚ an increase of 500-million from last year‚ costing the government R12bn in lost taxes‚ says Francois van der Merwe chief executive of the Tobacco Institute of Southern Africa (TISA). Read more >>

North West toll disputes continue
A meeting between the Congress of South African Trade Unions, the transport department and the South African National Roads Agency Ltd about North West tolls was unfruitful, the union federation said. Read more >>

Ministers must crack the whip on corrupt officials
[Dennis Cruywagen] The chairperson of Parliament's Public Service and Administration Portfolio Committee, Joyce Moloi-Moropa, has sent a stern warning to Cabinet ministers who do not crack down on corruption - saying they will have to face her committee and explain their inaction. Read more >>

Labour law


Limpopo farmer told to comply or pay
The country's second largest tomato producer faces a R28m fine for allegedly failing to comply with labour regulations. Read more >>

SAPS equity plan changed by wrong person
The police's employment equity plan was unilaterally changed and by the wrong individual, the Johannesburg Labour Court has been told. Read more >>

Law practice


Bread class action hits new snag
The Supreme Court of Appeal has expressed reservations about the manner in which damage claims would be distributed if a class action against the largest bread producers was successful. Read more >>

More expensive to admit guilt than to defend conduct
It is cheaper for companies facing charges of anti-competitive cartel conduct to defend themselves before the Competition Tribunal rather than settling upfront with the Competition Commission. Read more >>


International
Bahrainis jailed for defaming the king
A Bahraini criminal court jailed two activists for posting remarks deemed insulting to the king on Twitter, their lawyers said. Read more >>

WikiLeaks suspect offers guilty plea on some charges
WASHINGTON, USA: A US soldier accused of leaking a trove of secret files to WikiLeaks has offered to plead guilty to some but not all of the charges he faces in a pending court-martial, according to his defence lawyer. Read more >>

Apple targets Google in patent suit
SAN FRANCISCO, US: A US judge on Wednesday was considering a request by Apple that would pull Google from the sidelines in a long-running patent war with Samsung over mobile gadgets powered by Android software. Read more >>

More International...


Government
Hawks probe R23m contract
An information technology contract worth R23m, awarded by the Gauteng finance department, is under investigation by the Hawks, according to the Sunday Independent. Read more >>

Arms deal inquiry: turning up the heat
Former Scorpions investigators and several former high-profile National Prosecuting Authority bosses are to meet in Pretoria to discuss a strategy for their participation in the arms deal commission of inquiry. Read more >>

E-tags will be used in other provinces
The e-tag system will be rolled out at toll plazas in provinces other than Gauteng, Sanral said on Wednesday. Read more >>

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