1 Oct 2013

Legal

From money to Mxit... Michael Jordaan

Michael Jordaan has joined Mxit. Jordaan is the former CEO of First National Bank and a recent recipient of the CNBC Africa Business Leader of the Year for Southern Africa award, and will join Mxit as chairman of its board of directors.

He says, "It is difficult not to have a sense of pride about a home-grown South African company making such an impact in the social media and mobile space. It was an easy decision to join as chairman and I am looking forward to playing a part in the future of Mxit, both in South Africa and internationally."

Little hurts more than coming up with a great product only to see some swine steal it - which is why it's good news that there is help on hand for brand owners in fighting counterfeiting.

And just to prove women have what it takes when it comes to farming, a young female farmer has reaped two awards for her excellent work at Rethabiseng Sustainable farm. Sphiwe Machika (28), from Rethabiseng in Bronkhorstspruit has won the Provincial Female Farmer of the Year Award and the National Female Entrepreneur of the Year Award.

Another winner - well, a few in fact, have been announced... They are the Eco-Logic Award winners.

Finally, as a man who prides himself on his choice in footwear, our tame motoring editor Henrie Geyser reckons the new Astra looks good with a boot.

Rod Baker, Content Director

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Weekly top stories

The rise of the pre-tenders
[Anton Ressel] The next generation of tenderpreneurs is waiting in the wings, and we should all be very worried. Read more >>
Help for brand owners in fighting counterfeiting
[Lauren Frizelle]
Get a Masters in Publicity
[Issued by Bizcommunity.com]

Legal
Settlement order must comply with Divorce Act
Pension funds must ensure that settlement agreements comply with the definition of pension interest in the Divorce Act. Pension Funds Adjudicator Muvhango Lukhaimane said her office had set aside countless settlement agreements that did not comply with the Divorce Act. Read more >>

Get a Masters in Publicity
[Issued by Bizcommunity.com] Originally the main function of the Bizcommunity Press Office was as a simple conduit for company news and to distribute press releases, but since it has evolved and expanded into a hub where clients can monitor performance of their publicity and manage their recruitment advertising. Read more >>  visit press office >>


Commercial Law
Is buying a distressed company a bargain or burden?
[Adrian Dommisse] Every now and then an opportunity comes along that looks very hard to resist. If you're a seasoned entrepreneur, this might come in the form of a company that, although in such distress that the shareholders want out, still has genuinely valuable assets or a viable business model. Read more >>

Help for brand owners in fighting counterfeiting
[Lauren Frizelle] Confound it! We know about clothing and luxury goods, but apparently now you can get counterfeit anything - prescription drugs, alcohol and even chocolate. Read more >>

Trademarks - a gateway to African trade
[Christophe van Zyl] According to a recent report, the population in sub-Saharan Africa, which currently stands at approximately 1.1 billion, could double by the year 2050. Due to its growing population, the sub-Saharan region poses huge opportunities for new investments and for the sale of goods to a growing consumer base. Read more >>

Legal expert sheds light on POPI Bill
Some forums on the internet define the Protection of Personal Information Bill (POPI) as having to have consent to process information in each and every situation, which is incorrect. Read more >>

Commission vs Yara and Omnia: did the supreme court get it right?
[Chris Charter] On 13 September 2013, the Supreme Court of Appeal (SCA) upheld the commission's appeal against a decision by the Competition Appeal Court (CAC) in respect of the commission's referral of a complaint against Omnia and Yara. Read more >>

Public interest concerns limit merger approval
[Samantha Brener] The Competition Tribunal recently published its reasons for a decision to conditionally approve a merger in which the Industrial Development Corporation (IDC) and a consortium of foreign investors acquired shares in Rio Tinto South Africa Limited (Rio Tinto SA) (Rio Tinto Decision). Read more >>

Battle is on against garnishee order abuse
A number of institutions have waged war against illegal emolument orders and affected consumers may soon feel relief. Read more >>

BMW loses appeal on replacement parts
[Rowan Forster] On 18 September 2013, the Supreme Court of Appeal handed down its decision in the case of BMW vs Grandmark. Read more >>


Criminal Law
Police nab 115 illegal miners
Mineral Resources Minister Susan Shabangu says police have arrested 115 illegal miners in and around Roodeport in the past two months. Read more >>

Olympus pays investors US$2.6m over accounting scandal
TOKYO, JAPAN: Japanese camera company Olympus agreed to pay US$2.6m to settle a US investor claim stemming from a huge accounting scandal that hammered its shares. Read more >>

E-tolling bill signed into law
President Jacob Zuma has signed into law the Transport Laws and Related Matters Amendment Bill - paving the way for e-tolling, the presidency said on Wednesday, 25 September. Read more >>


Cyber Law
Superhighway robbery: Why Moneyweb is right
[Branko Brkic] A few weeks ago, SA's media world was stunned by the news of Moneyweb taking Fin24 to court for doing what aggregators around the world have been doing since the dawn of Internet publishing: re-purposing of their original stories. My personal reaction, when I heard about it? "About time." Read more >>


Environmental Law
Broadening landscape of rectification applications: air emissions, waste management
[Tracy-Lee Erasmus and Sandra Gore] Section 24G of the National Environmental Management Act, 107 of 1998 ("NEMA") provides an administrative process to rectify the unlawful commencement of listed activities which require environmental authorisation under NEMA ("Listed Activities"). Its application has however long been draped in a measure of uncertainty. Read more >>


Labour Law
Dismissal of a pregnant employee while on probation
[Jacques van Wyk] In such circumstances the employer will bear the onus to prove the employee was dismissed for a fair reason, unrelated to her pregnancy. The employee in turn will bear the onus of proving the dismissal arose as a result of pregnancy. Read more >>

How to deal with desertion in the workplace
[Antoine Smith] Employers have to deal with absenteeism of staff on a daily basis and must manage this problem as best they can. While absenteeism is a daily or weekly occurrence, staff that is absent for long periods or never return is just as pervasive and employers need to know how to deal with this problem. Read more >>

Reliability of vehicle tracking devices as employee misconduct evidence
[Jacques van Wyk] When an employer seeks to rely upon data obtained from a vehicle recovery device as supporting evidence of an employee's misconduct, the employer must ensure that the data of such device is accurate and reliable. Read more >>

Wits defends staff exodus as 'strategic need'
[Thuletho Zwane and Dineo Bendile] Restructuring at the University of the Witwatersrand has seen an exodus of senior academic staff, but the institution's leadership maintains that some departures were the result of strategic re-organisation while others were for personal reasons. Read more >>

Everyone's Guide to Labour Law aims to assist employers and employees
[Issued by Random House Struik] South Africa has a few key pieces of legislation that affect the relationship between employers and employees. This legislation prescribes to employers and employees what they are able to do, when they are allowed to do it, and how. It is, in reality, a potential minefield. Read more >>  visit press office >>


Law Practice
Routledge Modise nominated for award
Local law firm, Routledge Modise, has been nominated by the Thomson Reuters Foundation as the only South African firm in the domestic law firm category of the TrustLaw Awards. These awards recognise the best pro bono projects undertaken jointly by lawyers with NGOs or social entrepreneurs. Read more >>

Concourt to rule on Krejcir media case
The Constitutional Court will rule today on an application for leave to appeal against an order preventing news media from attending Czech fugitive Radovan Krejcir's appeal for asylum. Read more >>


Government

No link between court case and transport bill
The Presidency has reiterated that there is no link between the e-toll court case this week and the signing of the Transport and Related Matters Amendment Bill. Read more >>


More Government news


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