15 Jan 2013

Legal

 



Welcome back

Well, Mangaung has come and gone - as has the end of the world, the festive season and New Year, and we've survived them all and now we're back on stream with our newsletters.

Taking centre stage has been the violent protests by farmworkers in the Western Cape. These protests need to be brought to an end; they're damaging Brand SA and have the potential to seriously curb exports (and hence foreign earnings) as customers overseas turn to more reliable suppliers.

On the education front, the Matric pass rate increased to 73.9% but critics are asking whether a requirement of 30% to pass is enough to equip school-leavers with an adequate standard of education. Many employers reckon not - they're prepared to train new staff in the roles the new recruits will have to take up in the company - but those recruits need to be literate and enumerate to a level that will enable them to acquire and apply their new knowledge properly.

If you're in business, you're in IT... perhaps not directly, but every time you use a computer, you're operating within the IT world. So what are the 23 business attitudes to IT security you should be looking at? Kaspersky Lab research has some answers for you.

Finally, for all you petrol heads out there, our scorchingly good-looking motoring editor Henrie Geyser takes you for a drive in the Mercedes SL 500 and shows off his tough, rugged side with the Land Cruiser 70 double cab.

Rod Baker: Content Director

Submit your company news to legalnews@bizcommunity.com. Exclusive contributions may be sent to contributors-legal@bizcommunity.com.

Top stories


Editorial news

Commercial Law

Why you should get proactive about privacy protection
[Steve Ferguson] The Protection of Personal Information Act (POPI), due to become law early this year, introduces legal protection in SA for the first time against the serious risks and harm arising from the unauthorised collection and abuse of personal information. Read more >>

Cipla sued by former CEO Jerome Smith
[Tamar Kahn] A multi-million-rand pay dispute triggered the suspension and resignation last year of Cipla Medpro's chief executive, Jerome Smith‚ according to papers he filed in the Labour Court. Read more >>

Tax penalties "are being imposed"
[Amanda Visser] Several favourable changes have been introduced by the Tax Administration Amendment Act to ease the burden on provisional taxpayers, but tax practitioners say that penalties of up to 50% of undeclared income are being imposed. Read more >>

No room for government to cut taxes
[Helmo Preuss] Slowing domestic growth‚ a shortfall in the collection of individual and company taxes and strike action in key economic sectors will prevent government introducing tax cuts to provide some economic stimulus and could leave the South African Revenue Service (SARS) having to adapt their tax collection focus in 2013‚ Nazrien Kader‚ Deloitte's national taxation service line leader said on Wednesday (9 January). Read more >>

More accountants write evaluation exams
[Amanda Visser] More than 1 000 candidates wrote the South African Institute of Professional Accountants (Saipa's) professional evaluation exam last year, marking an increase of 20% on the previous year, says Navin Lalsab, accreditation, compliance and development executive of the organisation. Read more >>

Madonsela recruits 100 new trainees
One hundred new trainee investigators officially joined the Public Protector's ranks on Tuesday (8 January). Read more >>

Outa goes ahead with appeal against tolling
The Opposition to Urban Tolling Alliance (Outa) will appeal a court ruling that thwarted its bid to have e-tolls in Gauteng scrapped, it said on Monday (7 January). Read more >>

Parking cost car owner R42,000
A businessman owes the OR Tambo International Airport about R42,000 for parking his car there for over 12 months, The Star reported on Monday (7 January). Read more >>

Ardor SA seeks R359m from investors
[Roy Downing] New property development company‚ Ardor SA‚ announced on Wednesday (9 January) that it was still in the process of securing cash from various subscribers in order to provide guarantees to enable the transfer of various properties to the company. Read more >>

Lower tax collection may hurt companies
[Amanda Visser] The warning bells for tax collections had already rung in October when Finance Minister Pravin Gordhan announced collections for the 2012-13 tax year were expected to be R5bn less than budgeted. Read more >>

US town bans bottled water
NEW YORK, USA: A town in the US has banned single-serving bottled water in an attempt to curb the sale of plastic bottles and reduce pollution in the state of Massachusetts. Read more >>

Nestle remains a target in Zimbabwe
[Tawanda Karombo] International refined foods manufacturer Nestle invested US$12m into its Zimbabwean operations in 2012 despite the uncertainty surrounding its future in Zimbabwe as the government has not yet decided upon its indigenisation compliance plans. However‚ the Swiss company has reiterated its commitment to its operations in the country. Read more >>

Botched procedure allegedly cripples man
[Lindile Sifile] A Soweto man who has been reduced to crutches after an allegedly botched lumbar puncture at Chris Hani-Baragwanath Hospital three months ago has now turned to the Health Professionals Council of SA for help. Read more >>

Apple can't claim exclusive right to App Store name
OAKLAND, USA: A federal judge on Wednesday (2 January) rejected Apple's claim of false advertising after Amazon.com referred to its online shop for mobile gadget applications as an Appstore. Read more >>

Zambia takes three zeros off notes
LUSAKA, ZAMBIA - Zambians on Tuesday (1 January) woke up to a new year and new bank notes, which lop off three zeros in a bid to address high inflation that made the currency cumbersome to work with. Read more >>

Kingfisher Airline loses licence
MUMBAI, INDIA: India's troubled Kingfisher Airlines has lost its permit to fly after a deadline to renew its suspended licence expired, the national aviation regulator said on Tuesday (1 January). Read more >>

Gold One drops four directors
[Roy Downing] Gold mining company Gold One will reduce the number of directors on its board from 11 to seven after its agreement with major shareholder BCX Gold Investment Holdings ended in December. Read more >>

Apple drops patent claim against Samsung
NEW YORK - Apple has agreed to drop its patent claims against Samsung's Galaxy S III Mini after the South Korean rival said it would not sell the gadget in the United States, according to a court filing lodged last week. Read more >>


Criminal Law

Academy claims it 'cures' homosexuality
A Christian arts academy in Bloemfontein has come under fire for advertising that it can "cure" homosexual students, it was reported on Sunday (13 January). Read more >>

Over 1,400 people die in accidents during festive season
Transport Minister Ben Martins has announced that 1,465 people lost their lives on the country's roads during the festive season. The main causes of the road fatalities during the period between 1 December 2012 and 8 January 2013 were drunken driving, excessive speeding, dangerous overtaking, not using seatbelts and unroadworthy vehicles. There were 1,221 fatal accidents recorded during the period. In the 2011/2012 festive season period, 1,475 people died on the country's roads. Read more >>

Sanef slams strikers' attack on journalists
The SA National Editors' Forum (Sanef) has condemned what it terms "the vicious attack" by striking farmworkers on Cape Times' journalists covering the workers' unprotected strike at De Doorns in the Western Cape on 9 January and has called on the police to arrest the attackers and prosecute them. Read more >>

Bail granted for insurance fraud accused
An Isipingo home affairs official accused of participating in an insurance fraud scam was granted bail of R2,000 in the Durban Commercial Crimes Court on Monday (14 January). Read more >>

Road accidents 'injure' SA's GDP
[Linda Ensor and Edward West] Apart from the tragic cost to lives‚ South Africa's high accident rate has an economic cost estimated by Transport Minister Ben Martins at R306bn a year - about 10% of gross domestic product (GDP). Read more >>

Limpopo municipal manager arrested for fraud
A senior Limpopo municipal official was arrested on Wednesday (9 January) for allegedly using fraudulent qualifications to get her job, police said. Read more >>

New penalty regime welcomed as 'more predictable'
[Amanda Visser] The new penalty regime under the Tax Administration Act is far more understandable and objective and creates more predictability than the previous regime‚ according to tax consultants who have welcomed the new system‚ saying it offers a large incentive for all taxpayers. Read more >>

Two held over Sowetan matric results theft
[Katlego Moeng, Crime Reporter] A man and his son have been arrested in connection with the illegal possession of copies of Sowetan's matric results supplement the night before the official release. Read more >>

Road carnage shows enforcement is inadequate
Plans to lower the blood alcohol limit to zero are the latest in a series of moves by the government that some think are turning South Africa into a nanny state according to an editorial published in The Times Read more >>

How to win friends - burn their vehicles
[Rod Baker] NEWSWATCH: Mail & Guardian reports that during the Western Cape farm protests yesterday, an IOL journalist's car was set alight and destroyed. Read more >>

RTMC blames SA's road users for carnage
Road users have failed South Africa, not the plan to halve the festive season death toll by 2015, the Road Traffic Management Corporation said on Wednesday (2 January). Read more >>


Labour Law

No pay unless table grapes are harvested
[Paul Vecchiatto] Western Cape provincial agricultural minister Gerrit van Rensburg has expressed concern the renewed agricultural strike will damage the economically important table grape crop that is ripe for harvesting. Read more >>

SABC's car stoned at De Doorns
An SABC car was stoned by striking farm workers in De Doorns in the Western Cape on Monday (14 January), the public broadcaster reported. Read more >>

CCMA offers to intervene in farm workers' strike
The Commission for Conciliation, Mediation and Arbitration (CCMA) has offered to intervene in the strike by farm workers in the Western Cape over wage increases. Read more >>

Five ways to get fired through Facebook
[Amanda Jacobs] Social media is a great way to keep in touch with friends and family. However, it also has the potential to get you fired from your job. Read more >>

Cipla won't litigate with Smith via the media
[Tamar Kahn] SA's third biggest generic drug manufacturer Cipla Medpro on Friday (11 January) issued a brief statement saying that it would not litigate via the media despite the "provocative and misleading allegations" made by its former chief executive Jerome Smith. Smith resigned last October‚ on the eve of a disciplinary inquiry against him. Read more >>

Farmworkers 'burn' investor confidence
[Paul Vecchiatto and Bekezela Phakathi] The Western Cape farm strike took a dramatic turn on Thursday (10 January) as the Congress of South African Trade Unions (Cosatu) said it had "exhausted its social and political capital" in trying to find a solution to the upheaval and that the protests were now effectively "out of its hands". Read more >>

DA asks SABC to clarify role of freelancers
Converting freelance workers to permanent positions is not an expansion of staff, the SABC claimed on Thursday (10 January). Read more >>

SABC: Waste Central?
NEWSWATCH: Hlaudi Motsoeneng, acting chief operating officer of the debt-crippled SABC, has apparently issued an order that freelance staff be converted to fulltime employees, reports IOL. So, with his organisation already short of money, and by some reports, overstaffed, he plans to add to the wage bill? Read more >>

Police fire rubber bullets at striking workers
Police fired rubber bullets at striking Western Cape farmworkers in De Doorns on Wednesday afternoon (9 January). Read more >>

Western Cape farm workers on strike
The Western Cape braced itself for another round of agricultural strikes starting on Wednesday (9 January) amid fears that the protests may turn violent. Read more >>

Govt calls for peaceful, legal strike
PRETORIA: Government says it has noted a planned illegal protest by farm workers in the Western Cape, following a meeting in De Doorns on Sunday, 6 January 2012, by more than 1,500 workers. Read more >>

Labour unrest may shut Harmony mine
Harmony Gold may shut its Kusasalethu mine, where violent labour strife killed at least two workers last year and mine managers have received death threats, the South African firm announced on Monday (7 January). Read more >>

Fruit boycott is irresponsible says Cape Chamber
Calls for an international boycott of export fruit from South Africa are irresponsible‚ the Cape Chamber of Commerce and Industry said on Monday (7 January). Read more >>

Unions want government to force Agri-SA to negotiate
Government should compel Agri-SA to return to the negotiating table with farmworkers‚ unions said in Cape Town on Friday (4 January) Read more >>

Top 10 New Year's resolutions for employers
[Johan Botes] Here are some resolutions for 2013 for you that you, as an employer, may well find useful. Get them right now - and avoid any unpleasant surprises during the year. Read more >>


Law Practice

Zille zaps Mthethwa's court action
The Western Cape High Court yesterday announced its dismissal of Police Minister Nathi Mthethwa's urgent interdict against the commission set up by Premier Helen Zille last year, reports Mail & Guardian. Read more >>

Cliffe Dekker Hofmeyr is the most outstanding large SA law firm
Business law firm DLA Cliffe Dekker Hofmeyr has been ranked first overall and rated South Africa's most outstanding large law firm in the PMR.africa annual national survey of legal firms. It was highest rated on a mean score of 4.36 out of a possible 5.00. Read more >>


International
Reddit's Aaron Swartz found dead
WASHINGTON, USA: Aaron Swartz, an Internet genius who helped deliver new Web content to users by co-developing Reddit and RSS before later becoming a digital activist, has committed suicide. He was 26. Read more >>

Safari ranches a target for Zimbabwe land grabs
HARARE, ZIMBABWE: Germany warned that takeovers of foreign-owned safari ranches by Zimbabwean politicians could jeopardise the country's co-hosting of this year's United Nations tourism conference. Read more >>

Sophisticated cybercrime unit for EU
BRUSSELS, BELGIUM: In a bid to seize the initiative from increasingly sophisticated online criminals, the European Union unveiled a new cybercrime centre on Wednesday (9 January). Read more >>

Garlic smugglers make millions
STOCKHOLM, SWEDEN: Two British men are believed to have made millions of euros in just over a year by smuggling Chinese garlic from Norway into Sweden, a prosecutor in Gothenburg said. Read more >>

Kaspersky Lab outlines key security trends in 2012; predicts core threats for 2013
MOSCOW, RUSSIA: Kaspersky Lab's experts have outlined key security trends of 2012 and presented their views on the core threats of 2013. The most notable predictions for the next year include the continued rise of targeted attacks, cyber-espionage, and nation-state cyber-attacks, the evolving role of hacktivism, the development of controversial "legal" surveillance tools, and the increase in cybercriminal attacks targeting cloud-based services. Read more >>

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