8 May 2012

Legal

 

E-tolling saga: next round

Now that the issue of e-tolling has been put on hold - and let's face it, nothing has really grabbed the public's attention like this whole sorry saga - the DA has asked Public Protector Thuli Madonsela to investigate the Gauteng e-toll collection contracts. Not only that, the DA wants the investigation to include a possible link to suspected arms deal corruption.

Adding to Sanral's woes, Pieter Conradie, director at Cliffe Dekker Hofmeyr business law firm, reckons that motorists now have no obligation to buy e-tags and, to add even more to the road agency's woes, Conradie also reckons that those people who have bought e-tags, should be able to return them for a refund.

Still on the legal front, Owen Dean says that trade marks are going up in smoke but asks whether the SA government, in proclaiming its intention to emulate the Australian government and prevent the use of brands on cigarette packets by legislation, has thought the matter through properly.

For those of you in the marketing industry, Dewaldt Huysamen has interviewed Rand Fishkin on inbound marketing - and more. Fishkin has some fascinating insights for you.

The faster our communications, the more efficient we can be - which is why MTN wants spectrums to be allocated sooner rather than later. The company has urged the government to allocate unused spectrums so that companies can roll out the next generation of long-term evolution (LTE) technology to drive broadband penetration and improve internet speeds.

Finally, on a subject as close to our hearts as e-tolling, but on a far more sombre level, the fight against rhino poaching is something in which we must ALL become involved. As Water and Environmental Affairs Minister Edna Molewa says, the fight against rhino poaching requires joint initiatives from all South Africans.

Rod Baker, content director

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Legal


Illegal gambling should be curbed
PRETORIA: Illegal gambling in South Africa should be assessed and additionally an action plan on how to curb it should be developed, says Trade and Industry Minister Rob Davies. Read more >>

Commercial Law


Quo vadis copyright?
[Owen Dean] Copyright law had its origins in the 18th century when the need was felt to protect the investment of printers in carrying out the new-fangled process of the mass production of books. Its ambit was extended over the years to cover additional forms of works, such as musical and artistic works, and then, in the 20th century, a major quantum leap was made and work such as sound recordings, published editions, television broadcasts and others were brought within its ambit. Read more >>

Trade marks going up in smoke
[Owen Dean] The age old proverb says "there is no smoke without fire". The legislatures of several countries are about to turn this proverb on its head. The anti-smoking lobby has gained such strength in these countries that the firebrands of the anti-smoking lobby with their fiery rhetoric have moved governments to do their utmost to achieve the demise of smoking as a social practice. Read more >>

Writer's Guild of America loses South African case
The Writer's Guild of America (WGA), which brought a case against Charis Productions and Rudolf Markgraaff, a South African film producer has had its case dismissed in the Cape Town High Court. Read more >>

The numbers game - trade marks and domain names
[Cobus Jooste] On the internet there is only one thing that really matters - prominence. It is the nexus of all factors that drive the ever-expanding cyberspace. In this world, the attention span of every visitor is measured in seconds and the amount of traffic to a specific website measured with scientific precision. Read more >>

Criminal Law


Madonsela asked to investigate e-tolling contracts
[Paul Vecchiatto] Public Protector Thuli Madonsela has been asked by the Democratic Alliance (DA) to investigate the Gauteng e-toll collection contracts, including a possible link to suspected arms deal corruption. Read more >>

Labour Law


State attorneys vs labour courts
According to Times Live reports, South Africa's labour courts are struggling to operate efficiently because of space constraints and lease problems and the Durban labour court has even been threatened with eviction. Read more >>

Labour brokers are 'human traffickers' - Craven
According to a Fin24 report, the Congress of South African Trade Unions (Cosatu) has accused labour brokers of being "human traffickers" because they are making profits by hiring out workers as commodities. Read more >>

Employers must comply with legal requirements
Both residential and commercial compliance with the provisions for domestic workers, as set out in the Basic Conditions of Employment Act and Occupational Health And Safety Act, has experienced a steady, but slower than expected uptake, resulting in many domestic workers still not enjoying the employment rights guaranteed by these two acts. Read more >>

Law Practice


Permits issued to False Bay shark researchers
IOL reports that research permits have been re-issued to documentary film-maker Chris Fischer and other scientists following investigations into the death of a body-boarder who was attacked and killed by a great white shark. Read more >>

Nel calls for improved training, qualifications for sheriffs
The qualifications levels of South African sheriffs needs to be enhanced so that they are on par with international standards, says Deputy Justice Minister Andries Nel. Read more >>


Government
E-tolling saga builds to a head
[Paul Vecchiatto] The Gauteng e-tolling saga appeared to be reaching some kind of head this week with the downgrading of the bonds used to finance the R20bn project and the appointment of a high level committee by Cabinet. Read more >>

Court action looms on agri-college
Another court action over educational quality could be imminent, with a civil rights group seeking answers on the decline of the Potchefstroom College of Agriculture. Read more >>

Fight against rhino poaching requires joint initiatives
Water and Environmental Affairs Minister Edna Molewa says the fight against rhino poaching requires joint initiatives from all South Africans. Read more >>

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