11 Jun 2013

Legal

Fraudsters named and shamed, but...

It's all very well for Justice and Constitutional Development Minister Jeff Radebe to tell us that the naming and shaming of a list of convicts shows government's commitment in fighting fraud and corruption. However, there are many of us out there who would like to see a few people higher up, so to speak, not only go to court and answer charges, but also be named and shamed if found guilty.

We have a massive unemployment problem in this country, right? But the ANC is hell-bent on banning labour brokers. Now Busa has warned that if the government goes ahead and bans brokers, unemployment will rise. It's a faint hope, however, that those bent on banning brokers, will listen.

Is your company culture putting you at greater risk of fraud? asks Kevin Phillips. Read this article, take note, and then see where your company might be lacking in prevention measures; it could be the most useful read you have had in some time.

He's big, wild and lovable himself, so he should know... Henrie Geyser, our motoring editor, says that the new Chrysler SRT8 is a big, wild, lovable animal.

And finally...

Hey Bro...Do you want to go like a pro... you know... win an awesome GoPro camera and accessories worth over R6,000. It's so simple... just create or update your MyBiz Profile on Bizcommunity and stand a chance to WIN.

Rod Baker, Content Director

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

Weekly top stories

Functus officio - a principle that affects our daily lives
[Richard Marcus] One million tyres consumed monthly in South Africa will, as a result of the approval of the implementation of the REDISA Plan, now be recycled effectively and productively. The plan has been praised by international experts as best practice and may form the blueprint for future recycling plans in other waste streams. Read more >>
Convicted fraudsters named and shamed
Ambush marketing off the field for Brazil

Legal
New sectional title regulations could cause friction - Constas
Specialist sectional title attorney Marina Constas, a director of BBM Attorneys and co-author of the book, "Demistifying Sectional Title", says recent amendments to the sectional title regulations could cause ructions in sectional title complexes. Read more >>

Battered Rule 31, the most significant of the prescribed management rules?
[Anton Kelly] A common mistake made by owners and less knowledgeable trustees in sectional title schemes is to assume that common expenses, particularly those perceived to benefit owners equally, such as security arrangements, should be paid equally. Read more >>

Draft Lotteries Amendment Bill open for public comment
The minister of Trade and Industry, Dr Rob Davies, has announced that public comments on the Draft Lotteries Amendment Bill are due by 25 June 2013. Read more >>


Commercial Law
R65bn in unclaimed policies in SA
More than R65bn in unclaimed insurance for investment and funeral policies is waiting to be claimed according to Alan Ipp, managing director of Springpoint Finance. Read more >>

Good commercial law advice flows from strong relationships
Niche commercial law practice Dommisse Attorneys is marking the end of its fourth year in business by taking on new employees, moving to larger premises - and reflecting on its mission as a relationship-based practice. Read more >>

Ambush marketing off the field for Brazil
Early last month, the South African Minister of Trade and Industry gave notice of a final prohibition on the use of certain words in the run-up to the 2014 FIFA World Cup, in connection with any trade or business. Read more >>

Conversion of a share block scheme into sectional title exemption from transfer duty
[Hugh Jackson] With effect from 1 January 2013, transfer duty is no longer payable in respect of a transaction contemplated in Item 8 of Schedule 1 to the Share Blocks Control Act, No 59 of 1980, whereby a right to, or interest in, the use of immovable property conferred by virtue of the ownership of a share in a share block company is converted to ownership of the immovable property concerned. Read more >>

Functus officio - a principle that affects our daily lives
[Richard Marcus] One million tyres consumed monthly in South Africa will, as a result of the approval of the implementation of the REDISA Plan, now be recycled effectively and productively. The plan has been praised by international experts as best practice and may form the blueprint for future recycling plans in other waste streams. Read more >>

Competition law and exclusive vertical agreements in Africa
[Ann Boniwell and Lebohang Lengoasa] Within the context of the global economy, Africa is widely recognised as a key developing market. Entry into, and expansion within the African continent is regarded by many multinational corporations as essential to their continued existence, justifying the considerable business risk with the lure of high rewards. Read more >>

Mozambique introduces Competition Law
[Emile Myburgh and Tamara Dini] Mozambique has promulgated Competition Law, 10 of 2013 (the Act), which will enter into force on 10 July, 2013. The Act applies to all economic activities in or having an effect in Mozambique, subject to certain exceptions. Read more >>


Criminal Law
Convicted fraudsters named and shamed
The Justice, Crime Prevention and Security Cluster (JCPS) today released a list of all the people who have been convicted of fraud and corruption. Read more >>

Protection From Harassment Act aims to protect victims of bullying
Bullies can no longer rely on gaps in the law to escape the consequences of their actions. The commencement of the Protection From Harassment Act on 27 April 2013 means that bullies as young as fourteen, and possibly younger, can now be the subject of a protection order. For continued harassment, a bully may face criminal prosecution. Read more >>


Labour Law
Ban brokers, lose jobs warns Busa
[Linda Ensor] Business Unity SA (Busa) warned of significant job losses should African National Congress (ANC) MPs decide to change provisions in the Labour Relations Amendment Act in order to ban labour brokers. Read more >>

Indian population compromised by new BEE Codes
[Deon Oberholzer] The proposed racial demographic representation clause in the new draft BEE Codes will have a dramatic impact on the business world and the people most affected by this will be the Indian population. Read more >>


International

Top US spy hits out at phone surveillance leak
WASHINGTON, US: America's top spy chief James Clapper has warned that leaks of secret court documents about a scheme to capture millions of phone records risked US national security. Read more >>

Iran's cartoonists on tightrope during election campaign
TEHRAN, IRAN: Press cartoonists say they are dodging "moving red lines" in the run-up to a June 14 presidential election in Iran, a country where a satirical image can get a newspaper banned or an editor jailed. Read more >>

Publishers take steps to control data leakage
PARIS, FRANCE / DARMSTADT, GERMANY: The World Association of Newspapers and News Publishers (WAN-IFRA) has launched a new initiative to ensure that users of news sites are protected from unauthorised collection of data. Read more >>

Cell phone records report triggers US outrage
WASHINGTON, US: Civil liberty groups and privacy campaigners reacted with outrage on Thursday, 6 June 2013, to a report that the US intelligence community, under President Barack Obama, is pursuing the wide-scale monitoring of millions of Americans' cell phone records. Read more >>

Icahn buyout plan under-funded says Dell
NEW YORK, USA: A special committee of Dell's board studying a sale of the computer company said on Wednesday (5 June) that the alternative plan from corporate raider Carl Icahn is under-funded by as much as US$3.9bn. Read more >>


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