18 Jun 2013

Legal

Banning, a bad idea

That's the message according to research released last week by Econometrix. The results show that a ban on alcohol advertising would cost nearly 12,000 jobs and almost R1.8bn in tax revenue.

The government has, as expected, dismissed the findings as one-sided etc, but one has to ask whether the full implications of banning alcohol advertising, Health Minister Aaron Motsoaledi's latest target, have been properly thought through.

Econometrix senior economist Rob Jeffrey said his research also revealed that there was no statistical relationship in South Africa between advertising expenditure and the consumption of alcohol.

Also on the government beat, the SA government wants an investigation into spy allegations made by a UK newspaper, which claims that SA delegates were among those who attended the 2009 Group 20 meeting who were put under surveillance.

The poorest of the poor are the first to suffer when food prices rise and now Agriculture, Forestry and Fisheries Minister Tina Joemat Pettersson says high prices are a threat to food security. Dead right - so what about doing whatever possible to not only keep commercial farmers on the land, stop landing them with wage bills they cannot sustain, and generally ensuring that we produce food here, rather than have to import it - because the latter will cost a great deal more.

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Rod Baker, Content Director

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Weekly top stories

Mediate before you litigate
[Ashley Curran] The "fighting it out in court" and "don't speak to me, speak to my attorney" approach has dominated the civil justice system for decades; however things are about to change significantly. Read more >>

Legal
Spy Bill passed
[Kathleen Rice] The General Intelligence Laws Amendment Bill (GILAB) also known as the Spy Bill, has been adopted by both the National Assembly and the National Council of Provinces and it was submitted on 3 June 2013, to the president for assent. Read more >>

Investor protection: Security of tenure of mining rights in SA
[Jackwell Feris] The South African mining industry has, over the past few months, received a significant amount of bad publicity, inter alia, on the nationalisation of mineral resources, socio-economic concerns and the dangerous labour unrest, which all seems to have added to the fact that South Africa's ranking as an attractive mining investment destination has dropped even further according to the latest report released by the Canada-based Fraser Institute. Read more >>

Electric fencing must comply with new legislation - Van Niekerk
South African homeowners who install electric fences for added security should be careful to use the services of a certified electric fence installer. If not, homeowners could face financial loss if their insurance claims are rejected or legal costs as a result of liability claims. Read more >>

Create/update your MyBiz Profile on Bizcommunity and win!
[Issued by Bizcommunity.com] Create or update your MyBiz Profile on Bizcommunity before 30 June 2013 and stand a chance to WIN an awesome GoPro camera and accessories worth over R6000. The winner will be picked via a lucky draw and announced on 1 July 2013 on Biz, Facebook and Twitter. Read more >>  visit press office >>


Commercial Law
Eskom can cut Billiton's power if it wants to
[Monde Maoto] Eskom has invoked its right to disrupt the power supply to BHP Billiton's aluminium smelters in the case of an emergency as demand by households showed signs it will exceed the state-owned utility's capacity to generate enough power this winter. Read more >>

Poultry importers head for court
The Association of Meat Importers and Exporters (Amie) will bring an application in the High Court in Pretoria on Tuesday (18 June) for information about an increase in chicken import duty costs. Read more >>

Telkom sues Blue Label for US$528m
[Thabiso Mochiko] Telkom is suing a former executive for US$6m as part of a US$528.07m lawsuit for damages arising out of the "super dealer agreement" between Blue Label subsidiary African Prepaid Services and Telkom's former Nigerian subsidiary‚ Multi-Links. Read more >>

Don't ban-boozle us
[TJ Strydom] A ban on alcohol advertising would cost nearly 12,000 jobs and almost R1.8bn in tax revenue. Read more >>

African Bank reverses a fraudulent debt
Fraudsters continue to wreck innocent people's lives by stealing their personal data and using it to commit fraud. This kind of criminal behaviour costs financial institutions R1 billion a year. Read more >>

South Africa renegotiates double tax agreement with Mauritius
[Ernest Mazansky] The much-anticipated renegotiated double tax treaty with Mauritius was recently signed and disclosed to the public. The new treaty, which is expected to come into effect in 2015, will impact on several existing tax structures. Read more >>


Criminal Law
93 SA soldiers on rape, murder charges
The SA National Defence Force has charged 93 soldiers for offences including murder, rape and sexual abuse in the Democratic Republic of Congo (DRC). Read more >>

Ministers tackle rhino poaching
Environment Minister Edna Molewa will discuss rhino poaching with Mozambique's Tourism Minister Carvalho Muaria, an official said on Wednesday (12 June). Read more >>


Labour Law
Employers perturbed by labour ban
The National Employers Association of SA (Neasa) on Wednesday (12 June) added its voice to organisations opposing a total ban of labour brokers. Read more >>

The impact on the motor industry of the revised BEE codes
[Trevor Tshabangu] With the revised codes of good practice scheduled to be gazetted in August or September 2013, businesses continue to be in limbo regarding some of the revisions in this important transformation legislation. Read more >>

The strike notice: does it assist the employer?
[Gavin Stansfield and Anli Bezuidenhout] The recent Constitutional Court decision of South African Transport and Allied Workers Union (SATAWU) and Others vs Lebogang Michael Moloto NO and Another [2012] ZACC 19 (CC) found that employees are entitled to participate lawfully in a strike even if they are not members of the union that gave the required notice. Read more >>

When a retrenchment is unfair, what happens to the severance already paid?
[Aadil Patel and Kirsten Caddy] In the recent unreported case of Coca Cola South Africa (Pty) Ltd vs Ndlovu and Others (case no D813/11 delivered on 7 May, 2013) the Labour Court dealt with the issue of whether severance pay must be taken into account when awarding an employee compensatory relief pursuant to a finding that the employee was unfairly dismissed. Read more >>

An employee's obligation to comply with a reasonable instruction
[Gavin Stansfield] The balance was tipped in favour of employers in the recent Labour Appeal Court decision of Motor Industry Staff Association and another vs Silverton Spraypainters and Panelbeaters (Pty) Ltd and two others [2012] ZALAC 42 (LAC). Read more >>

You can't have your cake and eat it: Coca-Cola vs Ndlovu & Others
[Bongani Mgaga] Mr Ndlovu, a senior employee of Coca-Cola (Pty) Ltd, was retrenched on 31 December 2010, after the termination of a distribution contract he had been seconded to manage. Ndlovu was paid a generous severance package of about R1.3 million. Unhappy with his retrenchment, Ndlovu referred an unfair dismissal dispute to CCMA. Read more >>


Law Practice
Mediate before you litigate
[Ashley Curran] The "fighting it out in court" and "don't speak to me, speak to my attorney" approach has dominated the civil justice system for decades; however things are about to change significantly. Read more >>


International

Greek court orders state broadcaster reopened, PM offers reshuffle
ATHENS, GREECE: A Greek court on Monday suspended the government's shock decision to shut down state broadcaster ERT and ordered it reopened until a new national media body can be set up. Read more >>

Flights disrupted as controllers strike
PARIS - Hundreds of flights in France were cancelled on Tuesday (11 June) as air traffic controllers went on strike against changes to a long-running EU project aimed at creating a single European airspace. Read more >>

Morning after pill for girls any age in USA
WASHINGTON, USA: The Obama administration said this week it would comply with a judge's order to allow women and girls of any age to purchase emergency contraception, ending its efforts to restrict the drug's availability. Read more >>

Online child porn ring dismantled in Poland
WARSAW, POLAND: Police nabbed 21 suspects across Poland on allegations of dealing in online child pornography following a tip-off from German authorities, a police spokesman said Tuesday. Read more >>

Manning's lawyers dispute illicit software charges
FORT MEADE, US: US Army Private Bradley Manning's defence team sought Monday to cast doubt on some of the charges he faces for passing hundreds of thousands of secret government files to WikiLeaks. Read more >>

Americans widely back NSA phone tracking: poll
WASHINGTON, US: A solid majority of Americans support the US government's programs tracking telephone records to try to uncover terror, a Washington Post-Pew Research Centre poll found Monday. Read more >>


More International


Government

SA calls for investigation into spy allegations
The South African government has called on the United Kingdom government to investigate reports that its delegates who attended the 2009 Group 20 meeting were put under surveillance. Read more >>


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