14 May 2013

Legal



'Dirtbin' needs a paint job

Durban's city centre has never been my favourite place; I always find my senses being thoroughly assaulted. Don't get me wrong, I grew up in Durban and still feel very precious about my home town, and I'll defend it to the summit of Tafelberg because I have always seen its potential - in my mind all it's ever needed is a fresh coat of paint.

KZN MEC Mike Mabuyakhulu sees that same potential, calling for the recently held Tourism Indaba to make Durban its home. And why not, really? In its 34 years, the conference has more often than not been held successfully in Durban. Mabuyakhulu says the province is ready "to make the necessary investment...to grow this trade show to the level where it rivals and outshines the best shows in the world."

The Cape Point Partnership's Brett Hendricks, however, sees the annual indaba as more of a roving event, commenting on Facebook: "Having a roving event that moves between major South African cities would definitely raise the bar. I'm hoping 2014 will have an added 'wow' factor."

'Wow!' is what we'll need if we're going to meet the national tourism strategy target of becoming one of the top 20 world tourist destinations by 2020, and we're on the right path - the number of tourists entering South Africa increased by 10.2% from 2011-2012, according to Stats SA.

Hosting large-scale events such as the Tourism Indaba means having to tick a lot more boxes. Clive Shelver, managing director at Film & Entertainment Underwriters, explains why it's important to have a proper risk management strategy in place.

If you're hosting an event, make sure you have it added to our recently introduced Biz Event Calendar as a Biz Featured Event. These events are featured in our daily and weekly newsletters, and are actively mentioned on our Facebook and Twitter timelines.

An event of note, the SAMAs were held this past weekend - congrats to the winners! Go paint the town red!

Sindy Peters, Group Head: Content

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

Weekly top stories

Reviewing CCMA arbitration awards: the proposed procedural amendments
[Johan Botes and Mark Meyerowitz] Among other aims, the Labour Relations Amendment Bill, 2012 (LRAB) proposes streamlining the procedure to be followed when reviewing CCMA arbitration awards. It further discourages litigants from instituting review applications as a tactical ploy to frustrate or delay compliance with the award. Read more >>


Editorial news

Legal
New proposals on recharacterisation of hybrid debt instruments
[Heinrich Louw] The National Treasury (Treasury) and the South African Revenue Service (SARS) recently released certain proposed limitations on excessive interest deductions for public comment. Read more >>


Commercial Law
Court rules in favour of Seardel
A Cape Town property valued at R38.7m is to be transferred to clothing and textile manufacturer Seardel after leave to appeal by third parties opposing the transfer was dismissed with costs. Read more >>

Sasol heads for the Competition Tribunal
Sasol will appear before the Competition Tribunal from Monday (13 May) on allegations that the company charged excessive prices for materials used in the production of plastics. Read more >>

Icasa 'snatches' phone provider's kit
[Thabiso Mochiko] The Independent Communications Authority of South Africa (Icasa) has shut down the operations of Eastern Cape-based Amatole Telecommunications Services by confiscating its equipment after it failed to pay its licence fees‚ Icasa said on Thursday (9 May). Read more >>

Transnet faces class action on pensions
Legal documents were served on Transnet and two of its funds on Wednesday (8 May) for a class action suit over pension funds, Geyser and Coetzee Attorneys said. Read more >>

Partition agreements to transfer jointly-owned land
[Dylan Bradford] Joint owners of a piece or pieces of land may want, or need, to redistribute the land among themselves and so become individual owners of a defined portion of that land (or of a sectional title unit) in their own names. This can be done in terms of Section 26 of the Deeds Registries Act and a partition agreement. Read more >>

Cote D'Ivoire to evaluate MTN licence
MTN's shares was down as much as 2% on Tuesday (7 May) after Ivory Coast's government named it as one of five companies that risked losing their operating licences because of poor levels of service. Read more >>

Proper risk management for large-scale events
World-class acts Bon Jovi and Justin Bieber are performing two back-to-back concerts this weekend at the FNB Stadium in Soweto, following their successful shows in Cape Town. Around 200,000 spectators are expected. However, concerts of this magnitude bring their own potential hazards, and require stringent insurance cover, security measures and organisation. Read more >>

Directors, managers aware of inaccuracies
[Amanda Visser] The latest fraud survey by the international professional services group Ernst & Young shows that more than 42% of board directors and senior managers are aware of some type of irregular financial reporting in their companies. Read more >>


Criminal Law
Fraudulent claims plague medical aids
In March, The Times reported that corrupt doctors, pharmacists, physiotherapists, radiologists and pathologists were ripping off medical schemes to the extent of about R22bn a year. The sector disputes the figure, saying correct estimates point to half that amount. Read more >>

Mpisane did not plan to evade tax - Bhana
[Nosihle Shelembe] Businesswoman Shauwn Mpisane had no intention of evading tax, the Durban Regional Court heard on Wednesday (8 May). Read more >>

Mpisane 'punished' for 'honesty'
Durban businesswoman Shauwn Mpisane was punished for making a voluntary disclosure to the SA Revenue Service (SARS), the Durban Regional Court heard on Monday (6 May). Read more >>

Ministerial housing - evidence of collusion
[Linda Ensor] The investigation by public works of "prestige" projects such as the renovation of ministerial houses has been extended to Cape Town where about R100m was spent on renovating 11 ministerial houses‚ Public Works Minister Thulas Nxesi said on Tuesday (7 May). Read more >>


Labour Law
Labour Court ejects municipal manager
A local municipality has, for the first time, been prevented from appointing a municipal manager, by the Labour Court, on the grounds that he was not "suitable" and had failed in similar positions he had held before. Read more >>

Motlanthe calls for calm from farm workers
Deputy President Kgalema Motlanthe has called for co-operation between farmers and farm workers, the SABC news reported on Saturday (11 May). Read more >>

Future of labour relations in SA
Labour relations may have reached a defining moment in South Africa's history. Many share the view that over the past few years, unprotected strike action has escalated into an uncontrolled, violent and unlawful landscape, led by a mob mentality in the absence of formal and recognised leaders. Read more >>

Fawu threatens new Western Cape strike
[Paul Vecchiatto] The Food and Allied Workers Union (Fawu) has threatened to resume agricultural strikes in the Western Cape and accuses farmers of using labour brokers to find temporary workers to replace its permanently employed members. Read more >>

Reviewing CCMA arbitration awards: the proposed procedural amendments
[Johan Botes and Mark Meyerowitz] Among other aims, the Labour Relations Amendment Bill, 2012 (LRAB) proposes streamlining the procedure to be followed when reviewing CCMA arbitration awards. It further discourages litigants from instituting review applications as a tactical ploy to frustrate or delay compliance with the award. Read more >>


International
Internet threatened says Dotcom's lawyers
WELLINGTON NEW ZEALAND: Lawyers for Megaupload founder Kim Dotcom accused the US government on Wednesday (8 May) of launching a flawed prosecution against their client with "frightening" implications for all Internet users. Read more >>

Dell's offer an "insult" claims Icahn
NEW YORK, USA: Corporate raider Carl Icahn and other investors made a new offer last week for US computer giant Dell, calling a planned private equity buyout led by company founder Michael Dell a "giveaway". Read more >>

More International...


Government
Changes to SA's immigration policy
[Wyndham Hartley] Home Affairs Minister Naledi Pandor has promised sweeping changes to South Africa's immigration regime to make it easier for foreign businesses and investors to come to the country and to improve competitiveness in the global skills market. Read more >>

Nombembe to assess Gupta probes
Reports of government probes into the possible improper use of state resources around the Gupta wedding would be studied by Auditor-General Terence Nombembe, his office said on Wednesday (8 May). Read more >>

More Government news...


New events to diarise

Upcoming events
US Immigration Seminar - 14 May 2013 to 17 May 2013 Sandton, Johannesburg,Durban,Cape Town
America opens its doors for entrepreneurs companies and investors. Join the world's leading US Immigration Attorney for a free seminar from 13th-17th May. Register at wolfsdorf.eventbrite.com Read more >>

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2013 Biz Trends Report

93 pages
49 contributors
41 contributions

New people on biz
Heinrich Louw
Associate, Tax at Cliffe Dekker Hofmeyr
Dylan Bradford
Candidate Attorney, property & conveyancing, Garlicke & Bousfield
PRECIOUS SIBIYA
Legal Advisor at Ministry of Labour and Social Services
JEFF TAGANE
Attorney at NPA

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