2 May 2012

Legal

 

Labouring on

Many observers in business reckon that South Africa's labour laws are too restrictive and actually hamper employment and damage business. Well, be that as it may, the Labour Relations Act is now being amended - this time to address labour broking and child labour (among other things), so it remains to be seen whether its critics are correct as our labour laws set a new course.

On the digital TV front, it appears the plans are in place... But where's the money? The Department of Communications is confident it can successfully "kick-start" the rollout of digital terrestrial television (DTT) despite the funding shortfalls experienced by some of its key entities. However, as Democratic Alliance MP Marian Shinn said: "One wonders why funding was not secured before projects were embarked on... if one looks at DTT, (the deadline) is a couple of months away and set-top boxes have not been acquired." A fair question - it's usually a good idea to have all the funding arranged before beginning a project.

Kudos for Cape Town: Amazon Web Services is ready to expand to the Mother City. The new AWS Developer Support office will provide technical assistance for customers.

Here's a bit of a surprise on the environment front... Scientists have reported that the Arctic Ocean could be a significant contributor of methane. Methane is a powerful greenhouse gas and the scientists report finding concentrations of the gas close to the ocean surface, especially where sea ice had cracked or broken up.

Now it's our turn to help... Opposition to Urban Tolling Alliance (OUTA) went 'outa' to bat for us against e-tolling but, as you know, those legal eagles don't come cheap and now the alliance needs cash to continue the fight. It's running an SMS fund-raising campaign this week to raise the money needed to continue its battle, so it's time for us to break out those wallets...

Remember, whatever you donate will be a darn side less than you motorists would be dishing out to Sanral as tolls.

Rod Baker, content director

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Top stories


Editorial news

Commercial Law


State plans to force BEE partner on rail tender
CAPE TOWN - The manufacturer that wins the Passenger Rail Agency of SA (Prasa) contract to build R123bn of new rolling stock over the next 20 years will be forced to accept a black economic empowerment partner chosen by the agency. Read more >>

New labelling act has various implications - Spoor & Fisher
South Africa's new legislation related to food labelling and advertising became mandatory on 1 March 2012 and is sure to cause a few headaches for business and consumers alike. The new legislation is aimed at keeping in line with international trends and providing the consumer with a more informative base on which to make purchasing decisions for foodstuffs, as well as reduce the amount of 'misleading' marketing that many manufacturers make use of on their product labelling. Read more >>

Freshpak renames brands according to new act
South African consumers will soon notice Freshpak Teas have new names, highlighting their functional ingredients rather than their functional benefits. Freshpak Shape will now be known as Freshpak Hoodia, Digestive as Senna, and Energy as Ginseng. Read more >>

'Watershed' Concourt ruling on mining rights
According to Business Report, a Constitutional Court (Concourt) ruling that any land for which mining is planned must first be rezoned in accordance with municipal and provincial land use planning ordinances has been welcomed by groups wanting to stop mining activities in two areas of the Western Cape's west coast and in an urban area of Cape Town. Read more >>

Criminal Law


R40,8bn illegally paid to public servants
According to Times Live reports, South Africa's public servants have illegally benefited from R40,8bn in social grants since August 2009. These figures were revealed by social development minister Bathabile Dlamini in response to a Parliamentary question from the Democratic Alliance. Read more >>

Investors fleeced - now curators sue Absa and others
Fin24 reports that R1,15bn belonging to investors in Cash Managed Funds (CMF) and ten other companies has allegedly been blown by Corporate Money Managers (CMM), and that the curators of the company - and ten others - are trying to recover money for people who invested in CMF. Read more >>

Sexual offences act 'absurd': judge
A Pretoria High Court judge says certain provisions of the Sexual Offences Act are "absurd". The act made consensual sexual activities between children aged 12 to 16 a crime, be it sex or kissing, but Judge Pierre Rabie said this could have far-reaching consequences, Times Live reports. Read more >>

Labour Law


Labour laws to set new course
In March, cabinet approved the submission of the amendment bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) to Parliament. The two will deal with the phenomenon of labour broking and child labour, among other things. Read more >>

6500 agri-jobs lost due to minimum wage rise
6,500 commercial sector jobs were lost recently, due in part to a steep rise in the minimum wage. Since the beginning of April, the minimum wage for agricultural workers increased 8.5% to R7.71 per hour, with increases over the next two financial years calculated at 1.5% above the consumer price index, The Fresh Fruit Portal reports. Read more >>

Law Practice


OUTA needs cash to continue its fight
Times Live reports that while the Opposition to Urban Tolling Alliance (OUTA) has won the battle to prevent e-tolling on Gauteng's highways, its hefty legal expenses have left it broke, and it will launch an SMS fund raising campaign this week to raise the money needed to continue its battle. Read more >>

JSC calls for more candidates for the bench
The Judicial Service Commission (JSC) has appealed to suitably qualified candidates to make themselves available for positions on the bench. Read more >>


International
Global content industry coalition embarks on rights management project
BRUSSELS, BELGIUM: Executives from news media, publishing, TV, film, music, IT and internet media businesses (see list below) have got together with existing standards and licensing organisations to work in coalition on a cross-media global project that will result in better and easier management of copyright in the online world. Read more >>

More International...


Company news

Commercial Law


20 years on, the lion roars: MGM's sound trade mark application accepted in Canada - Adams & Adams
[Shaun Cothill & Kelly Thompson] After a 20-year legal battle, the Federal Court of Canada has finally ruled that the well-known roar of the Metro-Goldwyn Mayer lion, heard during the opening credits of movies produced by the film studio since 1924, can be registered as a trade mark in that country. Read more >>

The prisoner's song, your 'Loslappie' and my record sales - Adams & Adams
[Werina Griffiths] Would an adaptation of a folksong attract copyright of its own and entitle its author to protection and to receive royalties whenever the song is reproduced, broadcast or even performed? Read more >>

Law Practice


The MTN SAMA Awards - will your dreams come true? - Adams & Adams
[Mariette du Plessis] Winning a coveted MTN SAMA may just be the best thing that could happen to a band or musician! You've finally arrived in the world of music! Or does it spell the beginning of trouble? Read more >>


Government
Telkom, KT venture takes a step closer
Telkom and KT Corporation have completed a diagnostic review and harmonised their respective findings and are now in the process of finalising the terms of the Potential Strategic Venture. Read more >>

Dept to study court judgment on e-tolling
The Department of Transport says it has noted the judgment handed down by the North Gauteng High Court regarding the implementation of e-tolling on the Gauteng Freeway Improvement Project road network. Read more >>

Gauteng freeway cost to soar to R32bn from R20bn
[Paul Vecchiatto] The cost of the Gauteng Freeway Improvement Project (GFIP) will escalate from the ticket price of R20bn to R32bn due to interest payments over the next couple of years, says Transport Sibusiso Ndebele. Read more >>

Petrol price up but OUTA wins Round One of toll battle
As the petrol price is set to go up by 28 cents a litre from next week, the Organisation Against Urban Tolling has won the first round of its battle to prevent electronic tolls from being imposed on Gauteng's freeways and this may force a delay in implementing the tolls and provide a brief respite for road users. Read more >>

Chartered accountants to assist FET colleges
A group of retired chartered accountants are to be moved in to the Further Education and Training (FET) Colleges to work as chief financial officers (CFOS). Read more >>

Another union says 'No' to e-tags
Finance workers union Sasbo is encouraging its staff and 70 000 members not to buy e-tags. Read more >>

More Government news...


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