Weekly Update 25 SEPTEMBER 2008 A SUMMARY OF THIS WEEKS HEADLINES: 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. 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