Weekly Update
22 JULY 2008
CASE LAW UPDATE:
Court lifeline for bid to save Scorpions
In a decision that could have far-reaching implications for the government’s insistence on scrapping
the Scorpions and on future cabinet decisions, the Constitutional Court has given businessman
Hugh Glenister a chance to appeal a high court ruling striking down his plea for the unit to be
retained. Read Article
Women´s centre welcomes inheritance judgment
"This is a groundbreaking judgment which extends the right to inherit from a deceased husband's
estate to women in Muslim marriages where there is more than one wife," the centre said in a
statement. Read more...
www.phfirms.co.za
ANNOUNCEMENTS:
EU weighs ban on SA
ostrich meat
The European Union (EU), the main
export market for SA’s ostrich meat, is
considering banning ostrich exports as the
agriculture department continues to falter
on the monitoring of health standards.
Read more...
Lay off judges, says top legal body
The International Bar Association (IBA) was concerned about the level of criticism directed at the
judiciary in SA. The international body of advocates recommended the “government, political parties
and the press be temperate” in criticising judicial decisions. Read more...
Cyber thief goes free
A New Zealand teenager who confessed to a central role in a global cyber crime ring which caused
millions of dollars in losses walked free from court on Tuesday with police wanting to secure his
skills. Read more...
LEGISLATION UPDATE:
Latest Legislation released by JUTA
New legislation, regulations, bills, proclamations and government notices ...
New Legislation 04/07/08 - 11/07/08
New Legislation 20/06/08 - 27/06/08
Treasury owes business more cogent legislation
Despite the six-year wait for the final Companies Bill, the latest version, tabled three weeks ago, is
far from perfect, even if it is another perfect example of how the infighting between the treasury and
the trade and industry department has been detrimental to us all. Read more…
Telco cautions on 112 regulations
SA's fixed and mobile telecommunications providers are still studying the Independent
Communications Authority of SA's (ICASA's) final regulations on the interconnection and allocation
of costs for the operation of the government's Public Emergency Contact Centres (PECC). Read
more...
Absa, Woolies get go-ahead
South Africa's Competition Tribunal
unconditionally approved the merger
between the Absa Group and Woolworths
Financial Services.
FINANCE:
UN crafts global reporting
standard
The aim is to align international company
reporting systems to achieve one
standard of “holistic reporting” so that
readers of annual financial statements
could make “more informed
assessments” said King. Read more...
Setting a new Standard
Standard Bank offers the most
compelling opportunity of the South
African banks from a structural and
growth perspective, investment bank
Merrill Lynch said. Read more...
Petrol stations to close at night?
Petrol stations need to close shop at night otherwise up to 15 percent will shut down before yearend, the Fuel Retailers Association warned. "It is too expensive and too dangerous to stay open at
night." Read more...
Lack of legislation blamed for dome neglect
The Free State provincial government has blamed the state of the Vredefort dome on a lack of
legislation protecting the international heritage site. Read more…
Pet legislation in the pipeline
The City of Cape Town is drafting a bylaw for domestic animals that could eventually include
compulsory sterilization of all dogs and cats. Read more…
Making strategic equity
investments
I often deal with the subject of asset
allocation, investment time spans and
risk aversion. The traditional approach to
asset allocation is the “buy and hold”
approach, which claims not much
changes once the long-term asset
allocation has been set according to the
investor’s personality and investment
goals. Read more...
South African Legislation - LEGISLATION UPDATE AND NEWS
click on grey or image
JUDGMENTS:
RECOMMENDED READING:
Danielz N.O v De Wet and Another; De Wet and Danielz N.O and Another (2944/06) [2008]
ZAWCHC 35
Applicant - executor Estate of the late Deon Ivor De Wet. Declaratory order that the First
Respondent not entitled to the proceeds of certain life insurance policies taken out on the life of the
deceased. Counter applied for the opposite relief and has joined Old Mutual Life Assurance Co. (SA)
Ltd to the proceedings. Not entitled to inherit from the deceased’s estate. Counter application
dismissed with costs.
WinDeed goes big
Once again WinDeed proves that you
Nehawu obo Adekayo v Central University of Technology: Free State and Another (A1671/08) don't have to be a firm of attorneys to
[2008] ZAFSHC 36
develop software for attorneys.
Allied Workers Union, applies - order 1st Respondent be ordered to pay damages, emoluments, cost
Read more...
of application and reinstate Applicant to his post as a lecturer with immediate effect and with full
benefits. Applicant chosen the incorrect forum. Application also stands to be dismissed on the basis
of lack of jurisdiction. Take to Labour Court.
Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84
Does acceptance - offer of employment sent by e-mail or short message service (SMS) result in a
valid contract? When is an acceptance of an offer sent by e-mail or SMS received? Is an SMS an
electronic communication? What is an electronic communication? To answer these electronic
commerce or e-commerce questions that arise in this claim for contractual damages, the court looks
to the Electronic Communications Transactions Act No 25 of 2002 (ECT Act)
EYE ON PROPERTY:
Couching of waiver
The Sectional Titles Act, 95 of 1986 does not provide for the waiver of a personal servitude in a
sectional bond. The matter was recently discussed at the Registrars' Conference, and the Registrars
resolved that the bond must be made subject to the usufruct and the waiver must be contained in
the bond, and not the annexure. Read article…
Civil Unions and Domestic
partnerships in SA
Critical reflections on an ongoing
saga by Pierre de Vos and Jaco
Barnard. Read more...
PROPERTY:
Building cover gap trap
Declining house prices and rapidly increasing building costs are creating a very real gap between
the market value of properties and their replacement costs. Read more…
Rate hike unlikely
Re-weighting of the inflation index in 2009 makes a rate hike in August increasingly unlikely, say
fund managers Stanlib. Read more...
Taking money out of SA
Iona Minton answers a question posed by
an individual regarding the sum of money
allowed to be taken out of SA per annum.
Read more...
Fractional Ownership
Can be defined as the collective
ownership of an asset, usually one with a
high monetary value.
Read more...
The powers of sectional title trustees
A sectional title expert explains what the powers of the body corporate trustees really are, and how
they should be monitored. Read article
HOT OFF THE PRESS:
HEALTH!!
Donate your organs?
Organ donation is not an issue that we
Oil pelts down
Oil prices continued lower in Asia on Wednesday after fears for economic growth sent them tumbling spend much time thinking about. That is,
until we or one of our nearest and dearest
to their steepest fall in 17 years during New York trading, analysts said. Read more…
Robber tenants hit ‘secure’ complexes
Crime in residential estates and complexes is on the rise, particularly in Gauteng, where syndicates
are moving into complexes as tenants and breaking into houses for months before disappearing with
the goods. Read more...
Manuel says NO on food tax
Finance Minister Trevor Manuel has refused to zero-rate a number of foodstuffs for value-added tax
despite pleas from left wing organizations including the SA Communist Party and the trade union
federation Cosatu. Read more...
INTERNATIONAL NEWS:
Hong Kong Property E-stamping System
1 of the first two countries in the world to offer e-stamping for property transfer documents, now
reorganized its electronic stamping bureau after 4 years of effective service. E-Stamping service for
tenancy agreements, sale agreements, and assignments of landed properties. Read more…
unexpectedly depends on the selfless gift
of a stranger to continue our existence.
Exercise while you work?
The maker of a new product that
combines a treadmill and computer
workstation is banking on the notion that
companies will invest in products like the
'Walkstation' as a way of keeping
healthcare costs down and improving
overall fitness levels.
SEMINARS:
** TRUST SEMINAR **
No more working visas for UK
Going to the UK for a two year working holiday or becoming an au pair in that country is no longer
possible as from 1 November 2008 - Brendon Voogt of 1st Contact tells us why. Read more…
Not to miss this seminar!!
Manuel says NO on food tax
Finance Minister Trevor Manuel has refused to zero-rate a number of foodstuffs for value-added tax
despite pleas from left wing organizations including the SA Communist Party and the trade union
federation Cosatu. Read more...
Emirates slams EU
The president of Emirates airline criticised the policies being imposed by Britain and the European
Union on airlines that he said were stifling moves towards greater efficiency. Read more...
Municipal Law Seminar
Corporate Leniency Policy
Workshop
High Court Litigation Annual
Workshop 2008
RUN UP TO THE OLYMPICS - 2008:
QUOTES ON
HOPE:
“We are all in the gutter, but some of
us are looking at the stars.”
Oscar Wilde
Olympics
-16 DAYS TO GO
“When you say a situation or a
person is hopeless, you are
slamming the door in the face of
God.”
Charles L. Allen
Para-Olympics September 6th – 17th 2008
ASSOCIATED FIRMS
Breytenbach Mavuso inc. | Cilliers & Reynders inc. | Erasmus De Klerk inc. | Greyvensteins Nortier | Haasbroek & Willemse inc.
Kloppers inc. | Kotze Low Swanepoel | Lange Carr & Wessels inc. | Millers inc. | Naudes inc. | Nostix | Phatshoane Henney inc.
Van Der Spuy & Partners | Van Der Merwe Du Toit inc. | Van Der Wall & Partners
jagu© phatshoane henney inc. 2007
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