28 Feb 2012

Legal

 

Toll death do you part...

Jimmy Manyi came out smoking over the controversial road tolls issue by telling everyone what we already know - that the tolls are not just a bad dream. True - for many, even at the reduced rates announced by Pravin Gordhan in his budget speech, the tolls will be worse than a bad dream... more of a nightmare.

Gordhan, far more diplomatically, is reported to have said that the user pays principle is "sacrosanct". That's all very well, but every motorist and every freight company, emergency service and what-have-you already pays towards the upkeep of existing roads and construction of new ones... with every litre of fuel they (and we) put in their vehicles.

Out on the high seas, in an effort to combat Somali pirates (read 'criminals') - who are ranging well beyond their home waters - the SA Navy is to set up permanent patrols in the Mozambique Channel, through which a vast amount of the world's crude oil and our own imports and exports pass. It's vital the pirates are defeated - extra costs of security and rerouting of vessels is very likely to hit us in our pockets - eventually.

Finally, Velvet Sky has been grounded, at least until next Monday, 5 March, so if you are planning on flying anywhere in the country, you won't be in Velvet. Here's hoping, however, that the airline is able to take to the skies again; generally, the more competition in any sector, the better it is for the consumer.

Rod Baker, general manager: content

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Agri SA involved in ConCourt dispute
"Agri SA is of the opinion that the Minerals and Petroleum Resources Development Act does not fully take into account the effect of mining on food production and food security when the granting of mining licences is considered," says Agri SA president Johannes Möller. Read more >>

Commercial Law


Suspensions as NCR untangles mess
The National Credit Regulator's (NCR) chief financial officer Sivo Pather has been suspended and Times Live says this action was taken after allegations of tender fraud, nepotism and abuse of company resources. NCR has appointed Ernst & Young to investigate the complaints. Read more >>

Shabangu offered R50m to walk away
Property mogul, Roux Shabangu says he was offered a "bribe" of R50m to "walk away" from a lease deal negotiated by the Department of Public Works; IOL reports that he refused to accept the deal. Read more >>

R800m Sekunjalo contract cancelled
Sekunjalo's R800m vessel management contract has been cancelled and Business Day says the contract was reversed after the Department of Agriculture, Forestry and Fisheries received legal opinion. Read more >>

Criminal Law


Submissions for Cele's hearing raise queries
A hearing into alleged misconduct by suspended police commissioner Bheki Cele over controversial police building leases is set to begin next week, amid questions on why members of the public had been invited to make submissions. Read more >>

ConCourt in death penalty extradition dilemma
Constitutional Court judges are pondering whether to allow the extradition of a Botswana man to face murder charges in his home country - and the death penalty if convicted, Times Live reports. Jerry Phale and his partner Emmanuel Tsebe (who has since died) fled Botswana and entered South Africa illegally in 2009. Read more >>

New ad booking system 'to curb media buyer fraud'
The proposed online booking system for community and small commercial media would ensure state advertising spending reached that sector and curb fraudulent activities by media brokers, Parliament's communications committee has been told. Read more >>

Labour Law


HIV-positive journalist challenges his dismissal, deportation
Nairobi, Kenya-based Integrated Regional Information Networks (IRIN/PlusNews) reports that a South African journalist is attempting to take his case against Qatar to the International Labour Organisation (ILO) to change the country's HIV travel and employment laws, after having allegedly been tested for HIV without consent, found positive and subsequently dismissed, detained and deported. Read more >>

Law Practice


ENS awarded premier SA multi-disciplined law firm accolade
ENS has become the only law firm in Africa to be awarded the highest accolade, the Premier South African Multi-disciplined Law Firm - Africa, in the Intercontinental-Finance Magazine's (ICFM) 2012 Continent Awards. Read more >>

Pandor: ConCourt decisions, not powers are up for review
News24.com reports that, according to Science Minister Naledi Pandor, government intends to review Constitutional Court decisions "germane to the executive" and not the powers of the court itself. Read more >>


International
Europe's publishers welcome commissioner's clarification on crucial IPR Treaty - ACTA
BRUSSELS, BELGIUM: Welcoming Commissioner Karel De Gucht's clarification yesterday about what ACTA (the controversial Anti-Counterfeiting Trade Agreement) is and is not, Angela Mills Wade, executive director of the European Publishers Council (EPC) said, "The EPC welcomes the European Commission's decision to refer the ACTA Treaty to the Court of Justice." Read more >>

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Company news

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Governance Risk and Compliance Conference - Trade Conferences International
The Governance Risk and Compliance Conference will be taking place on 27, 28 and 29 March 2012, Indaba Hotel, Fourways, Johannesburg. Read more >>

Law Practice


Keeping up with the Kaftans - Adams & Adams
[Sajidha Gamieldien] Cultural and traditional wear is a source of inspiration throughout the fashion industry. Take the kaftan for example - traditionally worn by women in the Middle East, this garment is quickly becoming a firm favourite with fashionistas around the world. Unfortunately, designers of these kaftans have also become victims of copycats. Read more >>


Government
Cyber security policy framework to be tabled soon
[Francis Hweshe] Government has reiterated its commitment to fighting and defeating cyber-crimes. The Justice, Crime Prevention and Security Cluster announced on Sunday that a cyber-security policy framework would be tabled before the Cabinet soon. In addition, it said that the finalisation of specific cyber-crime plans would be a target this year. Read more >>

Courts improve case finalisation rates
The country's courts are continuously improving their case finalisation rates, said Justice, Crime Prevention and Security (JCPS) Cluster Chairperson Jeff Radebe. Read more >>

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