26 Feb 2013

Legal

 



At last... Some meaningful action against corrupt officials?

Service delivery is a major problem as it is, but what exacerbates the issue is when those charged with using our tax monies to deliver services too often use it to further their own ends and enrich themselves. So it is to be welcomed that Minister of Justice and Reconciliation Jeff Radebe has announced that the names of those government officials convicted of corruption are to be published.

In a similar vein, National Planning Minister Trevor Manuel says there should be consequences for public servants who do not deliver. Many people might add to that: "What about adding non-performing government ministers and provincial MECs to the mix?"

Writing from the US, Reuben Yonatan tells us what we can expect from VoIP in 2013. As he says, the future is always bright for any kind of computer-related or especially internet-related technology so we can always expect new innovations, but just what sort of innovations can we predict?

It is the government's job to provide the environment in which business can thrive, and it is the job of business to then provide employment. Unfortunately, it appears that in SA much conspires against the establishment and healthy growth of SMEs; a recent study finds South Africa is hostile to SMEs.

Finally, the thought of our tame motoring editor Henrie Geyser in makeup - fancy or otherwise - is, well... deeply disturbing. But the same cannot be said, thank goodness, for Opel's new OPC rocket, which Henrie reckons is a rocket ship with fancy make-up.

Rod Baker: Content Director

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Editorial news

Legal

Dragon Boat Challenge - preparing for the Corporate Games
[Issued by Corporate Games] 3rd South Africa, Official License Holder of Corporate Games South Africa, invited companies from all over the Western Cape to participate in a Dragon Boat Challenge. Read more >>  visit press office >>


Commercial Law

Internal surveillance reinforces SAA 'paranoia'
[Nicky Smith] Internal surveillance reports from South African Airways' (SAA) group security services on suspended acting chief executive Vuyisile Kona offer a glimpse into the extent of the paranoia and power struggles at the troubled airline. Read more >>

Navy fails to maintain patrol ships
The Department of Agriculture, Forestry and Fisheries is to take back its fleet of patrol vessels as the South African Navy has failed to keep them working - six of the ships have lost their certification of being fit for sea. Read more >>

Call for referendum on e-tolls
A constitutional law expert has called on the government to hold a referendum on the e-tolls project, according to a report on Wednesday (20 February). Read more >>

Fighting over their fish and chips
The Fish and Chip Company is accused of setting up its franchisees for failure. Read more >>

Juju and brands
[Alan Smith] The right to exploit the name of a famous person commercially has been the topic of some debate, decision-making and policy consideration in local and international forums. This article briefly explores the legal issues that arise from a situation of this nature. Read more >>

Competition Appeal Court clarifies burning issues raised in Loungefoam
[Petra Krusche] The Competition Appeal Court (CAC) recently dismissed the Competition Commission's (Commission) application for leave to appeal to the Supreme Court of Appeal (SCA) in the long, ongoing Loungefoam case. Read more >>

Adams & Adams on hand at Design Indaba
Once again the law firm of Adams & Adams will assist creatives with their intellectual property needs as the official attorney and associate sponsor of Design Indaba. Read more >>

Your social media comments can have severe legal repercussions
[Issued by Blue Magnet Digital Solutions] Can your opinions and negative comments about individuals, companies and brands that you post on Twitter and other social media platforms hurt you - legally speaking? Read more >>  visit press office >>


Criminal Law

SA wants 'visa-free' status returned
The South African government has approached British authorities to negotiate the possible reinstatement of South Africa's "visa-free" status that was stripped in 2008, said home affairs director-general Mkuseli Apleni on Friday (22 February). Read more >>

Names of those convicted of corruption to be published - Radebe
The Department of Justice and Reconciliation plans to publish the names and details of those people convicted of corruption in pamphlets, newspapers and through radio advertisements, among others, the Minister of Justice and Reconciliation Jeff Radebe said on Sunday. Read more >>

Protect privacy - add to bottom line
[Steve Ferguson] With the imminent arrival of the Protection of Personal Information Act (POPI), privacy is sure to become a much talked-about issue in SA. For marketers, privacy is often seen as an obstacle to more important organisational goals. Read more >>

Sexual offences cases could be placed on special court roll
Government is in talks with the judiciary to have sexual offences cases placed on a prioritised roll, says Minister of Justice and Constitutional Development, Jeff Radebe. Read more >>

Solidarity wants ArcelorMittal order revoked
The trade union Solidarity on Wednesday (20 February) appealed to the Gauteng Department of Agriculture and Rural Development to withdraw an order issued last year against ArcelorMittal South Africa (Amsa) to switch off its electric arc furnace at its Vanderbijlpark plant. Read more >>

Right2Know responds to GCIS statement
When GCIS announced that it would be responding to the Right2Know Campaign's Secret State of the Nation report, the R2K welcomed the possibility of a meaningful engagement with its empirically grounded contents, which confirm the worrying trend towards secrecy in South Africa today. Read more >>


Labour Law

Study finds South Africa hostile to SMEs
According to the second round of the SME Growth Index™, 'Easier/Harder for Small Business in South Africa', produced by business environment specialists SBP, the survival of South Africa's Small and Medium Enterprise (SME) community, is under both immediate and long-term threat. Read more >>

ANC says staff being "purged" in Western Cape
The Western Cape government is "purging" itself of its black staff, ANC representatives in the province claimed on Wednesday (20 February). Read more >>

Labour Court rules on requirements for extension of a collective agreement to non-parties
[Ndumiso Zwane] Section 32 of the Labour Relations Act 66 of 1995 (LRA) regulates the extension of a collective agreement concluded in the bargaining council to non-parties. In particular, Section 32(1) allows the bargaining council to request the Minister of Labour, in writing, to extend a collective agreement concluded in the council be to any non-parties that are within its registered scope and are identified in the written request. Read more >>

Amendments to the Labour Relations Act: Review of CCMA arbitration awards
[Johan Botes and Mark Meyerowitz] The Labour Relations Amendment Bill seeks to effect various several changes to the current Labour Relations Act 66 of 1995 (the LRA). The Bill is being considered by Parliament and is expected to come into effect during the final quarter of 2013. Read more >>

Labour legislation could lead to losses for employees, employers and the economy
[Linda Madayi] According to recent surveys and reports, South Africa has some 13 million employed people, with at least 1.2 million employed on a limited duration contract. An industry index released at the beginning of the year revealed that from 2000 to 2012, the number of permanent jobs declined by 1.9 million, whereas the number of temporary jobs increased by 2.6 million. In addition, temporary jobs presently account for 30.5% of all jobs in South Africa. Read more >>


Law Practice

Parliament threatens advocates, attorneys
The General Council of the Bar (GCB), representing the advocates' profession, was warned to resolve its differences with attorneys on the Legal Practice Bill or have Parliament do it. Read more >>

Malema loses lawyer, finds new one
Lawyers from Brian Kahn Attorneys said on Wednesday (20 February) they were no longer representing expelled ANC Youth League president Julius Malema. Read more >>


International
Google hasn't stopped music pirates
WASHINGTON, USA: Google's revamping of its search formula last year has failed to live up to its promise of discouraging consumers from visiting illegal music websites, an industry group says. Read more >>

Gbagbo appears in The Hague
THE HAGUE, NETHERLANDS: Cote d'Ivoire's former president Laurent Gbagbo on Tuesday (19 February) faced International Criminal Court judges who will decide whether there is enough evidence to try him for masterminding a bloody election standoff two years ago. Read more >>

More International...


Government
Axe hovers over public service workers
[Carol Paton] A dramatic shake-up of the public service has started‚ including the removal of unqualified managers‚ dismissal of accounting officers who fail to achieve clean audit reports and new minimum standards for top appointments. Read more >>

Scarce skills - what are they?
Despite it being a legislative requirement, several government departments on Wednesday (20 February) denied responsibility for drawing up and publishing the National Scarce and Critical Skills List - indicating the confusion that resulted after President Jacob Zuma increased the number of ministries in 2009. Read more >>

Inquiry into deaths of aspirant cops soon
A commission of inquiry into the deaths of seven aspirant traffic officers in KwaZulu-Natal was nearing formation, premier Zweli Mkhize said on Tuesday (19 February). Read more >>

Government concerned over 'secrecy' report
Government has raised concerns at a report by lobby group Right2Know, which, among other things, claimed that secrecy is on the rise in the state. Read more >>

More Government news...


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