9 Apr 2013

Legal



Horn o' puke

In a bid to counter rhino poaching for their horns, the horns are being given non-lethal toxic infusions so that consumers overseas will risk becoming seriously ill. There are many people in this country who probably wish that the infusions were lethal, so that the trade dries up altogether.

Meanwhile, our president is a bit miffed over what he terms newspapers' 'selective' reporting. Well, what about giving us a complete and believable account of how 13 of our troops ended up dead in the CAR?

Have you flown SAA recently? No, nor have I - but quite a bit of my tax monies are going to the airline anyway. One who is not taking it lying down is Comair's Erik Venter, who's flying high as his court battle looms. Quite rightly, in the eyes of a great many people, he's sick of seeing our inefficiently run national carrier being bailed out by the billions. Private and state airlines in SA should compete on a level playing field - and that's not what is happening now.

Feeling like you're being taxed into poverty? Join the club - because you have contributed your bit to SARS collecting R814bn in taxes for the 2012/13 fiscal year. That's R4bn more than what Finance Minister Pravin Gordhan had projected when he delivered the National Budget in February.

Any chance firm measures - more than merely meaningless words - can be taken to ensure ALL of our hard-earned cash is used properly? You know... not stolen, not misspent, not wasted on new ministers' cars and luxury travel and luxury accommodation... and parties?

Finally, Zando.co.za, together with its partners Bizcommunity.com, Build-A-Bear Workshop, CourierIT, Dialogue and Infidels have set up a campaign to get those less fortunate school kids shoes in time for winter. Join in - do the right thing.

Rod Baker: Content Director

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

Top stories

Guptas sue Sunday Times for R500m
[Chris Moerdyk] Atul Gupta, the MD of Sahara Holdings and executive chairman of TNA Holdings, owners of the New Age newspaper, has issued summons through the North Gauteng High Court against the editor of the Sunday Times and the newspaper's management, demanding defamation damages to the tune of half a billion rands. Read more >>


Editorial news

Legal
e-signatures are lawful identification and evidence, says LAWtrust
LAWtrust, the Authenticated Service Provider, says there is a great deal more behind electronic signatures (including advanced electronic signatures) than mere aesthetic quality - legally this information is considered evidence and can be of huge significance in business. Read more >>

Retired judge to probe SARS commissioner
PRETORIA: Finance Minister Pravin Gordhan has appointed retired Constitutional Court judge, Justice Zak Yacoob, to head up an enquiry into allegations of impropriety made against South African Revenue Service (SARS) Commissioner Oupa Magashula. Read more >>

Trampling tradition - a call for support
[Cobus Jooste] The Stellenbosch Chair of Intellectual Property (CIP) has repeatedly, thoroughly and honestly expressed its views on the proposed Intellectual Property Laws Amendment Bill (the Traditional Knowledge Bill) in no uncertain terms. Read more >>


Commercial Law
Kirsh wants to cut off FoneWork directors
[Monde Maoto] Signalling a vote of no confidence in the non-executive directors of FoneWorx, William and Issie Kirsh - who through their family trusts are majority shareholders in the telecommunications and information technology solutions provider - are rallying other shareholders to remove them from the company. Read more >>

Full story behind Absa, Net1 still not told
It's gratifying to see that when the SA Revenue Service comes knocking the money it collects doesn't just go to buying piles of The New Age newspaper for security guards at the SABC and Eskom to prop their coffee on. Read more >>

Venter flying high as court battle looms
Some days Erik Venter must wonder what he's got himself into. After 17 years in one of the toughest businesses there is, he still gets up every morning and drives to Comair's head office at OR Tambo International Airport for another day of oil prices that cruise as high as any airline, a major competitor on a permanent drip-feed from the state, and the drag of a prolonged global recession. Read more >>

Judgment says accidents must be reported
[Linda Ensor] Treasury is seeking an urgent meeting with the South African Insurance Association to ensure that insured motorists are not adversely affected by a court judgment which has been interpreted to mean that those who do not report every minor incident or scratch on their cars to their insurers risk having their later claims rejected. Read more >>

Battle erupts over MTN Traveller
An entrepreneur is accusing MTN of stealing his intellectual property after the cellphone giant invited parties to send proposals for a travel-booking product he has been working on with MTN since 2010. Read more >>

Worn tyre recycling levy criticised
[Moyagabo Maake] Government's plan to hit tyre-makers with a recycling levy, to remove the blight of dumped tyres has been vigorously opposed by tyre manufacturers who will have to pay hundreds of millions of rand each year. Read more >>

Kumba, ArcelorMittal choose arbitration
[Mark Allix] Kumba Iron Ore and steel producer, ArcelorMittal SA say arbitration over iron-ore deliveries will start as soon as possible, with both parties finalising documents. Read more >>

Tax matters get even more complex
[Amanda Visser] The introduction of International Financial Reporting Standards into the Income Tax Act is setting a dangerous precedent, according to tax and legal experts. Read more >>

Poultry farmers 'chicken' over imports
[Linda Ensor] The South African Poultry Association (Sapa), which has applied to the International Trade Administration Commission (Itac) for a general tariff increase against chicken imports, also plans to seek protection against imports from the European Union (EU). Read more >>

Guptas sue Sunday Times for R500m
[Chris Moerdyk] Atul Gupta, the MD of Sahara Holdings and executive chairman of TNA Holdings, owners of the New Age newspaper, has issued summons through the North Gauteng High Court against the editor of the Sunday Times and the newspaper's management, demanding defamation damages to the tune of half a billion rands. Read more >>

Billiton says Eskom must honour contracts
[Carol Paton] Mining giant BHP Billiton is insisting that Eskom honours its contract to supply the company with discounted electricity in terms of a confidential pricing arrangement. Read more >>

Sugar farmers seek assurances over land
The government could bring greater stability to the agricultural sector if it speeds up the settlement of gazetted land claims in the sugar industry, which is reeling because of unresolved cases affecting 40% of commercial, productive cane farms, according to the South African Sugar Association (Sasa). Read more >>

The world of 542 superpower words
[Naseem Javed] There are 542 words that will start to impact the business world very soon. These are the 542 dictionary words applied for as generic top-level domain from the Internet Authority as gTLDs at an average cost of a million dollars each. Read more >>

VDP applications: a taxpayer's chance for a new start
[Graeme Palmer] In the Minister of Finance's Budget Speech it was announced that the new permanent voluntary disclosure programme (VDP) which commenced on 1 October, 2012, had already had 700 applications from taxpayers that would result in more than R200 million in taxes being collected before the end of March 2013. Read more >>


Criminal Law
Jobs for cops in Tshwane
[Amukelani Chauke] Tshwane mayor Kgosientso Ramokgopa wants to beef up safety and security in South Africa's capital city by deploying 10 metro police officers to each of the 105 wards. Read more >>

New laws on alcohol won't reduce drinking
The history of prohibition reveals that legislators are slow learners. There is no doubt that irresponsible alcohol consumption damages the fabric of home and community life. However, the idea that partial or complete prohibition is a solution tells at least as much about human stupidity as it does about poor faith and even - on occasion - pure malice. Read more >>

Drunk drivers must be suspended
Drunk drivers involved in fatal road accidents should have their licences immediately suspended, North West premier Thandi Modise said on Tuesday (2 April). Read more >>


International
People with secret bank accounts exposed
LONDON, UK: Millions of emails and leaked records from offshore tax havens have exposed the identities of thousands of holders of offshore accounts, including the family of the president of Azerbaijan and French President Francois Hollande's one-time campaign treasurer, The Guardian and Le Monde newspapers reported on Thursday (4 April). Read more >>

Cannes Lions accused of copying NYF judging procedures
NEW YORK, US: The Cannes Lions advertising awards announced last week that they are changing their judging system after what Advertising Age described as "Last Year's Media-Judging Scandal" with "widespread accusations of cheating." Read more >>

More International...


Government
Patrol vessels to undergo emergency repairs
[Paul Vecchiatto] The Department of Agriculture, Forestry and Fisheries has signed an emergency contract with Dutch shipyard Damen to bring SA's fleet of six fisheries patrol and survey vessels back into operation. Read more >>

Gas prices may drop for some users
Smaller users of piped gas might see prices drop soon, according to the National Energy Regulator of SA (Nersa) although larger users may face price increases. Read more >>

Booze ad ban on cards
[Katherine Child] Neither friends nor enemies will stop Health Minister Aaron Motsoaledi from his mission to ban alcohol advertising. Read more >>

No plans for Phase Two of toll roads - Vadi
[Nicky Smith] Gauteng has no plans to implement the second phase of the unpopular e-toll programme in the coming financial year, says the province's MEC for roads and transport, Ismail Vadi. Read more >>

More Government news...


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2013 Biz Trends Report

93 pages
49 contributors
41 contributions

New people on biz
Phelelani Khumalo
Attorney
Diane Snyman
Senior Branch liaison Conveyancing paralegal at STBB
Cobus Jooste
Fellow of the Chair of IP at Faculty of Law, Stellenbosch University
Graeme Palmer
Senior Associate, Commercial Department, Garlicke & Bousfield
James Vate
Business Services at Sheridan Professional

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