22 Nov 2011

Legal

 

It's a Black Tuesday


In a true democracy there is freedom of expression, transparency, and, amongst other things, a commitment to a free media. In fact, our Constitution's Bill of Rights is very specific on these and other rights - take a look at the South African Constitution (which, by the way is the supreme law in South Africa - see 2 - Supremacy of Constitution). Then scroll down to the Bill of Rights and pay particular attention to 16 (Freedom of Expression) and 32 (Access to Information).

While you are about it, take a look at 36 (Limitation of Rights).

Reading those passages and the rest of the document, it's no wonder that this country's Constitution is rightly lauded as one of the best, if not the best such document anywhere.

Today, however, Parliament is to vote on the contentious Protection of Information Bill - and given the governing party's majority, it is almost certain to be passed.

Can anyone who believes in a true democracy not view this as a truly Black Tuesday, and the proposed bill in its current form not worthy of this country, its peoples, or its Bill of Rights?

Rod Baker, GM: Content

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More than just a pretty face
[Janice Galvad] For centuries humankind has been obsessed with ornamentation, with many an ancient burial site having revealed articles of adornment, still breathtakingly beautiful, mysterious, alluring and strangely familiar. Read more >>

Whitmill vs Warner Bros: Tyson's tattoo title fight
[Regardt Botes & John Foster] Mike Tyson's face was recently all over the news again, but this time under somewhat different circumstances. Victor Whitmill, the tattoo artist responsible for Tyson's iconic tribal facial tattoo, took heavyweight production house Warner Bros to court in April 2011, alleging that his copyright in Tyson's face tattoo had been infringed by the tattoo's inclusion in the film The Hangover 2, where it appears on actor Ed Helms' face. Read more >>

Difficult to prove recipe plagiarism, but attribute source - Spoor & Fisher
Can you patent a recipe? Is there copyright in the instructions on how to make a steak sandwich? In a recent furore, acclaimed South African crime writer Deon Meyer came under fire following accusations that he and his wife Anita plagiarised recipes originally created by Barbara Joubert, food editor of Sarie Kos, in their new book Kom Eet! Om die tafel met Anita en Deon Meyer. Read more >>

MPASA partners Adams & Adams for PICA Awards
Law firm Adams & Adams is set to partner with the Magazine Publishers Association of SA in awarding the individual categories at this year's PICA Awards. These prestigious awards recognise and reward publishing excellence in the business-to-business, custom and consumer sectors of the South African publishing industry. Read more >>

New Communications Bill to amend Electronic Communications Act of 2005
The Department of Communications has gazetted the draft Electronic Communications Amendment Bill for public consultation. The department wishes to table this bill in parliament during the course of the 2012 legislative programme. Read more >>

Labour Law


Job creation not hampered by labour laws: Motlanthe
Deputy President Kgalema Motlanthe, who is being touted as a possible successor to President Jacob Zuma in 2014, has defended the country's labour laws, saying they were not the main stumbling block to job creation, Times Live reports. Read more >>

No clarity on draft labour bills - Cliffe Dekker Hofmeyr
South African employers and employees wait with bated breath to get clarity on the extent of the amendments to the draft labour bills. The Minister of Labour publicly called for the finalisation of the bills by October 2011. This deadline has passed without the bills being finalised. Read more >>


International
Pakistan defers 'obscene' text message ban deadline
Pakistan's mobile operators on Monday deferred implementing a ban on nearly 1700 "obscene" words from text messages, saying they were seeking further clarification from the telecoms authority. Read more >>

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Government
Government won't ban or murder journalists: ANC
[Janice Roberts] Contrary to "the misinformation" being peddled by the Press Council, government will never, and has no intention of banning, torturing or murdering journalists, the ANC said yesterday, 21 November 2011. Read more >>

Fraudsters in court for defrauding Department of Labour
Seven people alleged to have defrauded the Department of Labour's Compensation Fund are again appearing in the Pretoria Specialised Crime Court today, 21 November 2011. Read more >>

Public Protector honours longest serving investigator
Public Protector Adv Thuli Madonsela on Friday 19 November led her office in bidding farewell to one of its longest serving investigative staff members, Dr Marthinus Schutte. Read more >>

DUI clampdown: 23 drivers arrested in Western Cape
Commenting on this weekend's integrated law enforcement operations in the Western Cape, that province's MEC for Community Safety, Dan Plato, says the Safely Home weekend traffic operations led to the arrest of 23 drivers suspected of being under the influence of alcohol. Read more >>

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