Weekly Update
25 SEPTEMBER 2008
A SUMMARY OF THIS WEEKS HEADLINES:
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A winning EE case
Glorious win for the SA Paralympic Team
Durban Directors cleared of touting allegations
Waterkloof Four’s freedom dead-end
2010 mascot revealed
New Legislation resourced from Juta
Tax and Banking updates
Latest Judgments
JSE and effect of Manuel resignation
Economic Commentary from Sanlam Cobalt
Labour Law Articles
Cabinet Statement released
Property News and Advice
Donald Trump and property influence in SA
Landlords and tenants
International news – Porshe & Volkswagen
Latest News articles
CASE LAW UPDATE:
White man wins EE case
The Supreme Court of Appeal found in favour of a KwaZulu-Natal man who said he was not
appointed at the Grey Hospital in Pietermaritzburg because he was white. Read more...
Court clears Durban law firm directors
Six past and present directors of Durban law firm Meumann White have been cleared of touting
allegations - and its relationships with an estate agency and mortgage originator deemed proper - by
Deputy Judge President Philip Levinsohn. Read more...
www.phfirms.co.za
PARALYMPICS 2008
Paralimpiese span
bly om tuis te wees
Welkom tuis, helde. Met dié
woorde op die plakkate wat
hordes bewonderaars vasgehou
het, is die Suid-Afrikaanse
Paralimpiese span op die
O.R. Tambo-lughawe
welkom geheet.
Lees meer…
ANNOUNCEMENTS:
2010 mascot ‘Zakumi’ unveiled
South Africa’s 2010 FIFA World Cup
mascot “Zakumi” burst onto South African
television screens on Monday evening.
“Its young, vibrant, energetic, enthusiastic,
sociable, self-confident. Read more...
Judge warns accused on changing lawyers
Cape High Court Judge Wilfred Thring has reprimanded a murder accused for delaying his trial by
firing his third Legal Aid Board advocate and turning up at court on Wednesday with a fourth.
End of the road for Waterkloof Four
The "Waterkloof Four" have exhausted all avenues to try to stay out of prison. They will now have to
serve their 12-year jail sentences each, after the constitutional court turned down their applications
for leave to appeal. Read more…
LEGISLATION UPDATE:
Latest Legislation released by JUTA
TAX & BANKING
NEWS:
New legislation, regulations, bills, proclamations and government notices ...
New Legislation 12/09/08 -19/09/08
New Legislation 05/09/08 -12/09/08
Media Advertising and Communication M (MAC) Sector Charter on Black Economic
Empowerment
The Department of Trade and Industry hereby issues the following MAC Sector Charter under S12
of the Broad-Based Black Economic Empowerment Act, 2003 and Determine that this charter will
come into operation on the date of this publication. GG31371 29 August 2008
JSE slumps as Manuel quits
South African stocks extended losses in
afternoon deals on Tuesday on news
that Finance Minister Trevor Manuel has
resigned along with 10 other Cabinet
ministers and three deputy ministers.
Read more...
Financial Advisory and Intermediary Services Act, 2002
Amendment of the Determination of fit and proper requirements for financial service providers. The
Registrar of Financial Services Providers, under section 8(1) of the Financial Advisory and
Intermediary Services Act, 2002 amend the Determination of Fit and Proper Requirements for
Financial Services Providers as set out in the Schedule. GG31384 03 September 2008
South African Pharmacy Council
Rules Relating to Good Pharmacy Practice. The SA Pharmacy Council publishes amendments and
additions to Annexure A of the Rules relating to good pharmacy practice. GG31378 29 August
2008
Financial Intelligence Centre Amendment Act 2008
Define certain words and expressions, clarify application of the Act in relation to other laws, extend
functions/objectives of Centre, change name of Money Laundering Advisory Council, issuance of
directives by the Centre and supervisory bodies, clarify roles and responsibilities of supervisory
bodies, make further provision for offences. GG31365 27 August 2008
The impact of the Expropriation Bill, 2008 on the Mineral and Petroleum Resources
Development Act, 2002
The committee invited written submissions on the Bill in late April 2008, to be submitted by 16 May
2008. Extensive public hearings were conducted by the portfolio committee in Parliament, as well as
in all the provinces, in late June 2008. Read more...
JUDGMENTS:
Defamation consistent with Constitution - SCA
The Supreme Court of Appeal dismissed an appeal by a former researcher of the Eastern Cape
legislature convicted on 22 defamation charges. A report on the News24 site says that Luzuko Kerr
Hoho was convicted on 22 of 23 charges of criminal defamation and was sentenced to three years
imprisonment, suspended for five years, and three years correctional supervision. Click here for
judgment.
Tax system ‘a poisoned chalice’
SA’s policy makers should explore
alternatives for taxing small businesses
rather than introducing the “poisoned
chalice" of the new turnover tax system,
which will discourage other businesses
from trading with such entities, says a
leading international tax expert. Read
more...
Banking Enquiry
The Panel of the Banking Enquiry,
established in 2006 by the Competition
Commission of South Africa to enquire
into particular aspects of competition in
retail banking and the national payment
system in South Africa, has now
completed its work.
FINANCE:
World market crisis claims its first
SA victim
Market volatility claimed its first South
African victim yesterday when
Dealstream, a brokerage that dealt in
derivatives, closed its doors.
Read more...
CUSA v Tao Ying Metal Industries and Others CCT40/07
Constitutional Court handed down judgment in a case involving a dispute between the Commercial
Workers Union of South Africa (CUSA) and Tao Ying Metal Industries (Tao Ying). Certain industrywide minimum wages were set in a 1998 bargaining council agreement applicable to the parties.
Asiatic Shpping Services Inc. v Elgina Marine Company Ltd (487/07) [2008] ZASCA 111
The origin and meaning of the requirement in a security arrest in terms of s 5(3) of Act 105 of 1983
that there be a 'genuine and reasonable need for security'. Appeal fails.
Body Corporate of Sectional Title Scheme Seascapes v Ford and Others (639/07) [2008]
ZASCA 109
Sectional Titles Act 95 of 1986 – special resolution – agreement in writing by non-member, if not
revoked upon becoming a member, becomes agreement in writing by member – resolution
interpreted so as to give effect to intention of signatories. Dismissed application and appeal
dismissed with costs.
Minister of Safety and Security v De Witt (588/2007) [2008] ZASCA 103
Section 3(4) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002
permits a court to condone a litigant’s failure to give a valid notice required by s 3(1), prior to
instituting legal proceedings, if the debt has not been extinguished by prescription, good cause is
shown and the debtor is not prejudiced. Application for condonation may be made by the creditor
even after proceedings have been instituted if the debt has not prescribed.
LOOKING @ LABOUR LAW:
Woolies faces labour war
Woolworths, said its employee salary increases were competitive and its employees had contracts
with benefits that guaranteed minimum hours of work on a weekly basis. Read more...
Economic Comments from
Sanlam Cobalt
Almost all sectors of the economy are
facing hard times, with the possible
exception of non-residential construction
that is benefiting from increased spending
on infrastructure and projects related to
the 2010 Soccer World Cup.
Breaking free
I am deeply indebted. Three personal
loans with Absa, African Bank and
Nedbank. I also have three credit cards
with Absa, Go Banking (Nedbank) and
Bluebean (Standard Bank) as well as two
cell phones on contract.
Please advise
RECOMMENDED READING:
Cabinet statement
17 September 2008
Presiding officer must hear all the evidence
The central reason that a presiding officer (PO) attends a disciplinary hearing is to hear and
understand the evidence from both sides. Read more...
The Balance of Probability
Employers are still confused regarding certain elements in a disciplinary hearing. One area of
confusion concerns the "the balance of probability," and “reasonable doubt.” Read more...
EYE ON PROPERTY:
Trump stamps brand on SA property gems
The Trump brand of hotels and residential developments will soon be part of the South African
scenery, with at least eight projects, including the possibility of a 250 to 300-bed luxury hotel, being
considered in the Cape. Read more...
Building confidence drops
The First National Bank Civil Construction Confidence Index, compiled by the Bureau for Economic
Research, dropped from a level of 71 in the second quarter of 2008 to an index value of 69 in the
third quarter. Read more...
Electronic Acceptance of the Offer to Purchase
Gone are the days of the parties to a sale agreement sitting around the dining table or board room,
sipping tea and completing and signing an agreement – these days communication through various
electronic mediums is the order of the day. Read more on this Case study...
Debtors control
This article is drafted in the form of a
check-list, identifying tasks that are to be
performed by the person responsible for
debtors' control within the firm. Read
more...
PROPERTY:
New developments on Property
Charter front
Council has submitted its
application for the Property Sector
Transformation Charter to be gazetted to
the Department of Trade and Industry.
Read more...
Think long-term
Rental accommodation is currently in
strong demand and landlords are in a
strong position - they should not throw
away their advantage. Read more…
How to make money in residential real estate
Often site community members make valuable contributions, like on Realestateweb.co.za where
property investors - past, present and budding - have been contributing fantastic pearls of wisdom
on the bricks-and-mortar asset class. Read more...
INTERNATIONAL NEWS:
SEMINARS:
Porsche Raises Volkswagen Stake, Plans Bid for Audi
Porsche SE said it acquired “de facto control” of Volkswagen AG, Europe's biggest carmaker, and
plans to bid for the company's Audi luxury unit. Read more...
Investors Call Crisis an “Economic Pearl Harbor,” Backs Paulson
Billionaire investor Warren Buffett, calling the market turmoil “an economic Pearl Harbor,” said
Treasury Secretary Henry Paulson's $700 billion proposal to prop up the U.S. financial system is
“absolutely necessary.” Read more…
Chinese sweets recalled due to tainted milk scandal
White Rabbit sweets, widely available at Chinese restaurants and in supermarkets across South
Africa, have been recalled in a number of countries around the world amid fears of milk
contamination. Read more…
Interpretation of Statutes Under a
Supreme Constitution Seminar
Lexis Nexis 19th Current Labour Law
Seminar
HOT OFF THE PRESS:
QUOTE - JUDGMENT:
Uncertainty over SA’s political stability
There are many implications to the ANC demand that President Thabo Mbeki step down. ANC
president Jacob Zuma is set to take over after next year’s general election and that raises a range of
questions. Read more...
Minister fights telecoms ‘free-for-all’
The minister has chosen to challenge a judgment giving 100’s of companies the right to build their
own networks instead of having to rent from Telkom, Neotel or a cellular operator. That ruling, on an
application by Altech, hailed as a massive but belated leap towards liberalisation. Read more...
“When you judge another, you do
not define them, you define yourself.”
Dr. Wayne W. Dyer
Zuma camp lands top Cape positions
The Zuma camp has taken the top five positions in the leadership of the African National Congress
in the Western Cape. Read more…
Don't wait for the last judgment - it
takes place every day.”
Albert Camus
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