8 Oct 2013

Legal

Billboards vs ANC: billboards win

Transport minister Dipuo Peters says the billboards with the message "E-tolls. Proudly brought to you by the ANC." is the work of cowards.

The DA has admitted to being the naughty ones who erected them, and its Gauteng premier candidate Mmusi Maimane points out that, "E-tolls were conceived under the watch of an ANC minister, supported by an ANC executive in Gauteng, passed into law by an ANC majority Parliament and signed, sealed and delivered by an ANC president."

Quite so, and none of which the ANC denies - so what's the problem?

What happens when the "bluff" is no longer a bluff? Chris Moerdyk looks at why Numsa is calling BMW's bluff, and wonders what might happen when car makers finally decide: enough! Also see Government to talk to car makers: Gordhan. Some might reasonably ask: why? What can he say to them that is likely to achieve anything right now. Let's face it, with an election looming the government is not going to do anything to upset the workers and Cosatu - and that might tend to set the tone of any "talks".

Nonkululeko Gobodo says there is more to transformation than ticking boxes, and suggests the private sector is lagging, and on a happy note, there's good news for mobile users - and that means pretty much all of us - ICASA has released its draft 'call termination' regulations which aim to see the costs we mobile users have suffered for ages being somewhat reduced.

Rod Baker, Content Director

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Weekly top stories

SCA judgement stops lawyers flocking to CCMA
[Bongani Mgaga] The Labour Relations Act allows legal representation at CCMA. However, the CCMA rules limit such representation in cases of dismissal for misconduct or incapacity. Read more >>
Franchisors beware
[Lucinde Rhoodie]
Bowman Gilfillan expands presence in Africa

Legal
Mandatory blending of biofuels with petrol, diesel to start in 2015
[Emma Dempster] In a notice published in the Government Gazette on Monday, 30 September 2013, the Minister of Energy determined 1 October 2015 as the date on which the Regulations Regarding the Mandatory Blending of Biofuels with Petrol and Diesel (Government Gazette No. 35623, 23 August 2012) come into operation. Read more >>

Stellenbosch University CIP comments on Draft National Policy on IP
The Chair of Intellectual Property at Stellenbosch University has responded to Government's invitation for commentary on the Draft National Policy on Intellectual Property, published in the Government Gazette on 4 September 2013. The CIP's comprehensive commentary consists of five sections drafted by the Incumbent and the Fellows of the Chair of Intellectual Property Law at Stellenbosch University. The Anton Mostert Chair of Intellectual Property Law is an independent, specialised research and development division of the Department of Mercantile Law at the Faculty of Law of Stellenbosch University. Download the full text of the commentary.

Facebook, Twitter and Discovery
[Pieter Conradie] As social networking usage grows, lawyers are beginning to leverage communications on social networking sites - including Facebook and Twitter - as a source of evidence in court. Tweeters and those posting to Facebook must therefore be fully aware that what they publish is discoverable. Read more >>

The doctrine of election
[Tim Fletcher and Samantha Brener] A party asking a court for relief can't ask for mutually exclusive remedies. This seems to be self-evident but is important where a party to a contract has been induced to do the deal by a fraudulent misrepresentation of the other party. Read more >>

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 mobile presence
[Issued by Bizcommunity.com] Bizcommunity Press Offices have been compatible with mobile since day one and are continually upgraded for even greater engagement and accessibility. Read more >>  visit press office >>


Commercial Law
Illegal cigarettes burn up R12bn in taxes
More than a million packets of illegal cigarettes were sold every day in South Africa last year. Read more >>

Liquor Bill to close loopholes
The new Gauteng Liquor Bill would close loopholes in current liquor legislation, the chairman of the provincial economic portfolio committee said on Wednesday, 2 October. Read more >>

Icasa to release draft regulations
The Independent Communications Authority of SA (Icasa) says it will release draft cellphone call termination regulations tomorrow, Friday, 4 October. Read more >>

Don't confuse aggregation and plagiarism
[Chris Moerdyk] There has been a lot written in the past few weeks about the challenges posed to the online publishing community by the litigation between Moneyweb and Fin24, and a not unsubstantial amount of this opinion has been a mix of journalistic petulance and hysteria. Read more >>

Franchisors beware
[Lucinde Rhoodie] It has now been two years since the Consumer Protection Act, No. 68 of 2008, ("the CPA") has come into force and still the impact thereof has not fully been appreciated by franchisors. Read more >>

Bowman Gilfillan expands presence in Africa
Bowman Gilfillan Africa Group has expanded its presence in sub-Saharan Africa after joining forces with Bookbinder Business Law in Botswana, a corporate commercial law firm that participates in many of the major transactions in that country. Read more >>

DTI fixes up standard form MOIs
[Yaniv Kleitman] Anyone who wishes to incorporate and register a new company in South Africa under the Companies Act, No 71 of 2008, can use either the standard form memorandum of incorporation (MOI) which is prescribed in the Companies Regulations, or a customised/unique MOI which caters for the incorporator's specific needs and requirements and which would typically be prepared for him by a legal advisor. Read more >>

Billboards work of cowards: Peters
The billboards erected along Johannesburg's highways next to e-toll gantries are the work of cowards, Transport Minister Dipuo Peters said on Monday. Read more >>

Joost: My privacy is threatened
Former Springbok heavyweight Joost van der Westhuizen will find out today whether he has succeeded in gagging a tell-all book about his love life. Read more >>

Stop disguising life policies as RAs - PFA
The retirement funds industry will endure a poor reputation for so long as there are still life policies around disguised as retirement annuities, according to the Pension Funds Adjudicator. Read more >>

Civil prosecution for cartel conduct, the Premier Foods challenge
[Leana Engelbrecht] The on-going class action proceedings against the members of the so-called "bread cartel" have been well-documented and publicised. Read more >>

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 >>


Criminal Law
Guptas go for gold: Sue papers
[Rod Baker] NEWSWATCH: ENCA (and Mail & Guardian - on the receiving end) report the Guptas are suing M&G and Sunday Times for R500m; meanwhile, a senior air force officer (suspended), says Zuma was involved in Guptagate, reports Mail & Guardian. 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 >>

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 >>


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
Making what's good for your country, good for your business
[Catherine Wijnberg] Love it or hate it, the BEE Code it is here to stay. As business leaders, we need strategies that make the Code work for our organisations, and just as importantly, work to make a real difference to the country. Read more >>

POPI from an employment perspective
[Jacques van Wyk] The Protection of Personal Information Bill, B9D - 2009, ('POPI') will place significant obligations on most individuals and juristic entities, including employers. Read more >>

Why Numsa is calling BMW's bluff
[Chris Moerdyk] Most business people in South Africa with even the slightest capitalist leanings would have been horrified at the sheer arrogance of the National Union of Metal Workers (Numsa) response to BMW's announcement that it might reconsider further investment in South Africa due to loss of production through labour unrest. Read more >>

Government to talk to car makers: Gordhan
[Gillian Jones] The government plans to speak to BMW and other automotive companies about their investment concerns‚ Finance Minister Pravin Gordhan said on Monday. Read more >>

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 >>

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 >>


International

Hackers plunder Adobe Systems' user data
SAN FRANCISCO, USA: Software company Adobe Systems on Thursday (3 October) warned that hackers breached its defences and stole source code along with credit card numbers and other information relating to nearly three million customers. Read more >>

Pakistan blocks Skype, WhatsApp over terrorism
KARACHI, PAKISTAN - Pakistan's southern Sindh province will block access to online communication networks including Skype and WhatsApp for three months in a bid to curb terrorism, officials said on Thursday, 3 October. Read more >>


More International


Government

'No truth' to Zuma Guptagate claims says presidency
There is no truth to allegations by SA National Defence Force (SANDF) members at a military tribunal that President Jacob Zuma was involved in the "Guptagate" scandal, the presidency said on Thursday (3 October) Read more >>

Unlawful arrests costing taxpayers millions
A Pretoria dad has successfully sued the Minister of Police Nathi Mthethwa and the South Africa Police Service for damages after being unlawfully arrested and falsely accused of kidnapping his children. Read more >>


More Government news


People on the move


ENSafrica appoints Natacha Rey - more info



Jobs offered

Faculty Librarian: Law - Stellenbosch
Stellenbosch University currently offers an opportunity to a dynamic person with a background in law or proven experience in rendering a specialised library and information service to a law environment. Read more >>

Conveyancing Secretary - Pretoria and Johannesburg



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