29 Nov 2011

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Legal costs of negligent officers irk police minister
The New Age reports that Police Minister Nathi Mthethwa is not happy that legal costs have shaved R106m off his budget. Speaking in Cape Town this week Mthetwa said police leadership "was worried" about escalating legal costs incurred because of negligent officers. Mthethwa promised that "Command and control, upholding constitutional principles and respect of human rights by police officers must and will be intensified at all police stations." Read more >>

Alarm at planned 'research' of ConCourt decisions
Die Burger reports that a move by Cabinet to research the judgments of the highest court in the land has raised alarm bells, with renewed fears that judicial independence may once again be under threat. Professor Willem Landman, the CEO of the Ethics Institute in South Africa described the proposed review as "inappropriate", adding "[g]iven President Jacob Zuma's [way] of putting the courts in their place, one is inclined to be suspicious about the motives." Read more >>

Public interest defence in the apartheid era
[Brigit Rubinstein] There are no reported cases of a public interest defence having been successfully raised and upheld under the Protection of Information Act 84 of 1982 or its predecessor. Read more >>

Commercial Law


Tribunal argues right to rule on "margin squeeze"
Business Day reports that the Competition Commission told the Constitutional Court that the main focus of a hearing before the Competition Tribunal was to find the truth and this meant the tribunal had investigative powers to establish it. Read more >>

Labour Law


Labour laws, empowerment hurt SMEs
South Africa's labour laws, inflexible labour legislation and the country's broad-based black economic empowerment are contributing to the failure of small and medium enterprises, according to Fin24. Read more >>

Qantas, TWU dispute to be settled by independent body
Qantas and the Transport Workers Union (TWU) have failed to reach a new deal on pay and conditions for 3,800 employees, so there will now be binding arbitration by Fair Work Australia. Read more >>

Law Practice


Law 'should be central to social justice'
The law should be at the centre of building social justice, advocate Muzi Sikhakhane said on the 30th anniversary of the death of lawyer and freedom fighter Griffiths Mxenge. Sikhakhane criticised lawyers who "believe that they become better lawyers only by interpreting contracts and the intricacies of the capitalist system," he said, adding "[t]hey call themselves black-letter lawyers, (yet) they ignore what law is about," Business Day reports. Read more >>


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Government
Unroadworthy vehicles removed from roads
More than 670 vehicles were removed from the national roads as part of the festive season holiday traffic law enforcement operations. Read more >>

SABC to implement auditor-general's advice
The SABC announced late last week the appointment of a task team to implement the recommendations of an investigation by the auditor-general two years ago that found evidence of staff corruption. Read more >>

Govt serious about tackling corruption - Zuma
Government is doing its best to put an end to the wastage of public resources and corruption, says Jacob Zuma. Read more >>

ANC to act on MPs who abstained on secrecy vote
South Africa's ruling African National Congress on Wednesday said it will act against members who did not vote for a new secrecy bill criticised as an attack on press freedom. Read more >>

SAPS: South Africa's most corrupt State department
The South African Police is seen as the most corrupt government department with most people being prepared to - or having already - paid bribes to them according to research by Transparency International published in Business Live. Read more >>

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