30 Apr 2013

Legal



Weekly top stories

Appointment of NPA CEO approved
PRETORIA: The Minister of Justice and Constitutional Development, Jeff Radebe, has approved the appointment of Karen van Rensburg as the CEO of the National Prosecuting Authority (NPA). Read more >>


Editorial news

Legal
Why the Novartis patent refusal puts evergreening back in the spotlight
[Rowan Forster and Kirsten Dinnes] The decision of the Indian Supreme Court to deny Novartis' application for patent protection for an improved version of its Glivec drug - the culmination of a seven-year battle - has certainly made world headlines and put the spotlight on generic drugs and the practice of evergreening, which could have a significant impact on the local pharmaceutical industry. Read more >>

Court confirms that municipalities may regulate on environmental matters too
[Helen Dagut and Li-Fen Chien] Under the Constitution, the national and provincial legislative authorities are specifically vested with the power to pass legislation regarding environmental issues. Local government, on the other hand, is given authority to manage related issues, such as air pollution, building regulations, storm water management services and water and sanitation services. Read more >>

Proposed Listed Atmospheric Emission Activities Amendments public hearings to start soon
[Sandra Gore and Tracy-Lee Erasmus] Public hearings to discuss the Proposed Listed Atmospheric Emission Activities Amendments (Amendments), published by the Department of Environmental Affairs in November last year, will most likely start next month. Read more >>


Commercial Law
Simelane is now Sisulu's special adviser
Former National Director of Public Prosecutions (NDPP) Menzi Simelane has been appointed special adviser to Public Service Minister Lindiwe Sisulu, it was reported on Sunday (28 April). Read more >>

Patel's personal liability proposal slated
The suggestion that chief executives of construction companies should sign a contract to make them personally liable in cases of collusion has been slated by the industry as a step too far. Read more >>

Transnet's pension claim worth R79bn
A group of 66,000 pensioners have instituted a civil claim to recover about R79bn they claim Transnet plundered from their pension funds, according to Sunday's (28 April) Rapport. Read more >>

Redefine welcomes JSE's Growthpoint ruling
[Nick Hedley] A favourable and expected decision by the JSE means it is business as usual for Redefine Properties and Fountainhead Property Trust‚ according to Redefine's chief executive Marc Wainer. Read more >>

Big construction firms admit to bid-rigging
CAPE TOWN: A total of 21 big South African construction companies have admitted to the Competition Commission that they were involved in bid-rigging to a combined value of R26 billion, Parliament's Portfolio Committee on Public Works heard on Tuesday, 23 April 2013. Read more >>

Warning against illegal sale of hearing aids
PRETORIA: The Speech, Language and Hearing Professional Board of the Health Professions Council of South Africa (HPCSA) has warned the public against purchasing hearing aids or amplifiers directly from retail pharmacies and other non-registered persons. Read more >>


Criminal Law
And he wasn't even there...
[Rod Baker] NEWSWATCH: Glitches in the voting on the POIB included a vote being recorded for a former MP who hasn't actually been in Parliament for a while, and a few who also weren't even there for the vote, reports Times Live. Read more >>

Fight corruption, urges Gordhan
JOHANNESBURG: The notion that corruption only takes place in government is one sided, as corruption is becoming a social problem Finance Minister Pravin Gordhan said on Thursday, 25 April 2013. Read more >>

See you in court, POIB
[Rod Baker] NEWSWATCH: As expected, the controversial Protection of State Information Bill has been passed in the National Assembly, but will probably face a challenge in the Constitutional Court, reports Mail & Guardian, while Rebecca Hodes, writing in Daily Maverick, takes ASASA to task over the Xpanda ad that critics reckon is racist. In IOL, Caxton non-executive chairman Paul Jenkins says that established news outlets are not stifling the smaller players. Read more >>

President Zuma to get SIU reports
CAPE TOWN: The Special Investigating Unit (SIU) is expected to hand over 20 reports into substantial allegations of corruption and maladministration to President Jacob Zuma at the end of the month, with 16 others expected at the end of next month. Read more >>

Pule... Provide proof or publicly apologise: Editor
Communications Minister Dina Pule must provide evidence that the Sunday Times was involved in a smear and blackmail campaign against her, editor Phylicia Oppelt has said. Read more >>

MPs adopt POIB report
[Rod Baker] NEWSWATCH: As expected, MPs have adopted the Protection of State Information Bill report, reports Mail & Guardian, and in BD Live, Allister Sparks recounts how the late Mervyn Rees helped change the course of SA history - by doing exactly what many critics of the POIB believe the bill is designed to stamp out. Read more >>


Law Practice
Appointment of NPA CEO approved
PRETORIA: The Minister of Justice and Constitutional Development, Jeff Radebe, has approved the appointment of Karen van Rensburg as the CEO of the National Prosecuting Authority (NPA). Read more >>

Western Cape law firm wins Managing Intellectual Property award
Von Seidels Intellectual Property Attorneys was awarded the accolade of South African IP Firm of the Year for 2013 during a ceremony held at the Dorchester Hotel in London on 17 April, 2013. Von Seidels is a specialist Western Cape-based firm with global reach. Read more >>


International
Cocoa plundered by Ivorian warlords
NEW YORK, USA: - Warlord military commanders in Ivory Coast are making hundreds of millions of dollars by plundering the country's exports of cocoa and other resources, according to a report by UN experts. Read more >>

Kuwait court cuts opposition tweeter's jail to one year
KUWAIT CITY, KUTWAIT: Kuwait's court of appeals on Monday reduced a two-year jail term handed to an opposition tweeter for insulting the emir to one year, the director of the Kuwait Society for Human Rights said. Read more >>

Apple assumes debt to avoid tax payment
NEW YORK, USA: Apple on Monday (29 April) moved towards its first-ever debt issue, filing documents describing plans for bond sales, which would be used to pay dividends in an effort to stem the slide in its share price. Read more >>

Hackers halt DigiD system for Dutch
THE HAGUE, THE NETHERLANDS: More than 10m Dutch citizens were unable to use their official online signature to pay bills and taxes because of a cyber-attack, officials said on Wednesday (24 April). Read more >>

News Corp settles shareholder lawsuit for US$139m
NEW YORK, US: Rupert Murdoch's News Corp has reached a settlement with US shareholders over the media conglomerate's handling of the phone-hacking scandal in Britain that forced the closure of one of its top titles. Read more >>

More International...


Government
SABC management paid to stay home
Suspended SABC head of news Phil Molefe was paid full benefits amounting to R2.2m while at home last year, it was reported on Thursday (25 April). Read more >>

More Government news...


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2013 Biz Trends Report

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