6 Aug 2013

Legal

MTV lives on

While MTV no longer stands for Music Television, the essence of the 32-year-old channel lives on, supported by a shiny new market segment - an audience that requires much more than music videos. In order to keep them satiated, the channel has launched its first localised interactive magazine programme for South Africa's youth - MTV Choice; it's been dubbed "pop-tastic"...

Want to start your own business? Easier said than done, I'm afraid - ask any successful entrepreneur about the trials and tribulations they experienced before finding the winning formula. Problemio.com, creator of business planning apps, has outlined five steps to starting a business.

Even if you have been in HR management for some time, it's not easy to pick out a fraudulent medical certificate. Once you have, or have your suspicions, what do you do then? Lia Marus advises on the best course of action in "How to deal with fraudulent medical certificates".

I, and I suspect many others, have a severe case of arms deal fatigue. We're going on two years since the commission was set up to determine whether there was any corruption involved in procurement contracts that were awarded in the '90s. The public hearings, were underway in Pretoria, this week, but have since been postponed for two weeks to allow for the declassification of certain documents. Here's hoping it'll be smooth sailing from there on...

Sindy Peters, Group Head: Content

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Weekly top stories


Legal
What does the law say about traditional healers?
[Lia Marus] For many years, traditional healers have been looked at very sceptically by many of those who do not visit these practitioners for health-related ailments. However, recent cases which have passed through our courts have left many employers wondering if they now need to accept sick notes from traditional healers. Read more >>


Commercial Law
Construction collusion entrenched?
The Competition Tribunal may have confirmed the R1,46bn in penalties for 15 construction firms which admitted collusive tendering, but serious questions remain. These include the role of the FIFA World Cup 2010's Local Organising Committee (LOC), personal consequences (if any) for the executives who facilitated the collusion and civil claims for damages by its victims. Read more >>

SAB justifies its distribution model
[Amanda Visser] South African Breweries (SAB) gave its appointed distributors exclusive territories‚ shielding them from competition from its own depots‚ in an effort to ensure their sustainability in exchange for the investments they were asked to make in terms of land‚ buildings and vehicles‚ SAB's distribution services manager testified this week. Read more >>

Legal poser as rape victim is named in radio promo
Motsweding FM has been fined R10,000 by the Broadcasting Complaints Commission for identifying a child rape victim. Read more >>

SMME growth may be hindered by proposed Business Licencing Bill - Van Biljon
The business environment for entrepreneurs and existing South African Small, Medium and Micro-sized Enterprise (SMME) owners is currently restrictive. However, additional red tape will be introduced if the new Business Licencing Bill (Bill) is implemented. Read more >>

Davies wants details of Luminance deal
[Linda Ensor] Trade and Industry Minister Rob Davies has called for a report into the National Empowerment Fund's (NEF) provision of R34m to help fund a luxury store‚ Luminance, which opened in Hyde Park last week. Read more >>


Criminal Law
Ship arrested with suspected hijacked oil
ACCRA, GHANA: Ghana said it had seized a ship suspected of being involved in the heist of some 3,500 tons of fuel from a tanker off Gabon, one of many such pirate attacks in the Gulf of Guinea. Read more >>

Arms deal inquiry continues with public hearings
PRETORIA: The Commission of Inquiry into the Strategic Defence Procurement Package, also known as the arms deal, resumes today, 5 August 2013, with its public hearings in Pretoria. Read more >>


Labour Law
How to deal with fraudulent medical certificates
[Lia Marus] If you suspect one of your employees of having turned in a fraudulent sick note or, worse, a series of fraudulent sick notes, you need to know how to deal with this situation. Recently, I went to a seminar run by Cliffe Dekker Hofmeyr (CDH) where speakers Mohsina Chenia and Michael Yeates from CDH told us what to do if we ever found ourselves in one of these situations. Read more >>


Law Practice
Confessions of a privileged lawyer
[Prof Owen Dean] I have a confession to make. I plead guilty as charged. I admit that I am a white male establishment lawyer. I practised for 35 years as a partner of a prominent attorneys firm specialising in the field of intellectual property law (IP). Thereafter, upon retirement, I became a professor of IP Law. Read more >>

Small businesses receive legal support through Bowman Gilfillan's pro bono project
On 1 August 2013, pan-African corporate law firm Bowman Gilfillan hosted an event in Soweto to promote Ishishini Lethu ("our business"), the firm's pro bono project which provides small businesses and start-ups with legal assistance. Read more >>

PPS surveys SA's legal professionals
Of the South African legal professionals, including 423 attorneys, surveyed by PPS, only 52% are confident that the court and justice administration system is efficient. Read more >>


International

Somali pirates get life imprisonment in USA
WASHINGTON, USA: Somali pirates dodged the death penalty last week when a US jury sentenced them to life in prison for the high-seas murder of four Americans on a yacht in the Indian Ocean. Read more >>

JK Rowling is Robert Galbraith
LONDON UK: Harry Potter author JK Rowling on Wednesday (31 July) accepted a "substantial" donation to charity from the law firm which leaked the fact she had written a crime novel under a pseudonym. Read more >>

Ban on big fizzy drinks in NY falls flat
NEW YORK CITY, USA: New York's bid to ban large, sugary sodas on public health grounds suffered a new setback on Tuesday (30 July) when an appeals court upheld a ruling striking down the proposed legislation. Read more >>


More International


Government

Arms Deal Commission resignation was unexpected - Zuma
The resignation of Judge Francis Legodi from the Arms Deal Commission was unexpected, President Jacob Zuma said on Thursday. Read more >>

Limpopo officials face corruption charges
Charges of corruption have been laid against 47 public servants in Limpopo since the start of the national government's Section 100 intervention in Limpopo in 2011, the Minister of Public Service and Administration, Lindiwe Sisulu, says. Read more >>

SAPS destroys more than 19,000 firearms
[Bhekisisa Mncube] A total of 19,245 firearms - 17,746 of them from KwaZulu-Natal and 1,499 from the Eastern Cape - were destroyed yesterday. Read more >>


More Government news


Jobs offered

Immigration Manager - Sandton
Immigration manager for busy Sandton office of specialist SA immigration business. Must have excellent client, staff and immigration application management skills. Room for growth. Read more >>



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