Without Prejudice - Volume 11, Issue 7, 2011
Volume 11, Issue 7, 2011
Author Alex EliottSource: Without Prejudice 11, pp 40 –42 (2011)More Less
In The Star's Business Report of Monday July 11 2011, financial journalist Ann Crotty reported on the chaos that is being experienced with the registration and deregistration of companies and close corporations at the office of the newly established Companies and Intellectual Property Commission (CIPC). Unfortunately the early indications are that the CIPC is treading the same path as its predecessor, the Companies and Intellectual Property Registration Office (CIPRO).
Author F.J. LabuschagneSource: Without Prejudice 11, pp 42 –43 (2011)More Less
The Department of Trade and Industry's Industrial Action Policy Action Plan (IPAP) of 2010/11 - 2012/13 states that public infrastructure investment in excess of R404 billion has been invested from the 2006/7 to 2008/9 period rising to R787 billion for the period 2009/10 to 2011/12. Much of the tradable content of public infrastructure investment as well as large components of public procurement were being imported. Government identified procurement as a factor which will contribute to domestic micro- and macro economic development in line with its policy plan.
Author Natasha BouwmanSource: Without Prejudice 11, pp 44 –45 (2011)More Less
During the drafting of the Companies Act (71 of 2008), the Department of Trade and Industry (DTI) aimed to create predictable regulation. This included decriminalising company law where possible, reducing opportunities for regulatory arbitrage and enforcing company law through appropriate bodies and mechanisms (existing or new). The Companies Act states as one of its purposes to 'provide a predictable and effective environment for the efficient regulation of companies' (s7(l)).
Author Euphemia AnnorSource: Without Prejudice 11, pp 50 –51 (2011)More Less
The auction industry, which has seen itself grow by leaps and bounds over the last few years, was hardly regulated in terms of any legislation, save for the Estate Agency Affairs Act, 1976. But with the advent of the Consumer Protection Act, 2008 on April 1 2011, new circumstances have arrived for this multi-billion rand industry.
Author Carmel RickardSource: Without Prejudice 11, pp 52 –53 (2011)More Less
Road rage and the danger it poses to other drivers and pedestrians is a problem of modern life that has even reached the platteland and our local drivers are careful to steer clear of anyone who looks as though he is having a bad day behind the wheel. What we didn't know, until now, is that a new form of this disease - ATM rage - has made its appearance in the rural areas. Every reader who uses the road less travelled should feel afraid, very afraid.
Author Andre VosSource: Without Prejudice 11, pp 54 –55 (2011)More Less
South African Courts are essentially still functioning in terms of the pre-1994 structures. This is all about to change; the Superior Courts Bill, 2011 and Constitution Seventeenth Amendment Bill, 2011 were tabled in Parliament at the end of June 2011 and, once enacted, the Bills, will establish one unified High Court for South Africa.
Author Nemo JudexSource: Without Prejudice 11 (2011)More Less
Foss-Harbottle J: Nearly five years ago The Greek Bank, while on what the plaintiff's counsel impolitely called a fundraising tour, sold Greek bonds to The Local Bank repayable after five years, which has now expired. The Greek economy is in trouble and the reasons are obvious. The city state and democracy first appeared in Athens about 2 500 years ago. Civilisation in ancient Athens was soon followed by taxation. The Greek's have had taxation for so long they have grown tired of it and tend to ignore it which has not helped the Greek economy. With civil servants having jobs for life, a government office at the end of the day is the closest thing you get to resurrection. If you ever get the feeling that life is moving too fast, visit an office where the employees have permanent tenure.
Author Simone GillSource: Without Prejudice 11 (2011)More Less
The principle of media freedom and individuals rights to fair comment have been bolstered by the recent Constitutional Court decision in The Citizen 1978 (Proprietary) Limited and others v Robert John McBride and others which addressed the effect of amnesty granted under the Promotion of National Unity and Reconciliation Act in relation to cases of defamation.
Author Christopher MacRobertsSource: Without Prejudice 11, pp 58 –59 (2011)More Less
A powerful earthquake and tsunami on March 11 2011 plunged Japan into a nuclear, economic and humanitarian crisis. The magnitude - 9.0 offshore earthquake (as measured on the Richter scale) triggered a tsunami that sent a wall of water smashing into the north-eastern Japanese coastline, obliterating entire towns and causing significant loss of life.
Source: Without Prejudice 11, pp 60 –61 (2011)More Less
There's a great deal of debate at present about a ban on alcohol advertising, with Health Minister, Aaron Motsoaledi, doing much of the talking. Such a ban will no doubt have a profound effect on the advertising industry. Whether or not it will have a similar effect on alcohol consumption remains to be seen. What is very likely, however, is that the alcohol companies will look for creative ways of avoiding the ban. Like the tobacco industry did recently.
Source: Without Prejudice 11, pp 61 –63 (2011)More Less
Trustees of pension funds have been in the news of late for the wrong reasons - investments gone awry. One of the ways in which trustees can reduce the risk of this happening is by the appointment of expert investment administrators. But if they do, how much should administrators charge for the services they render?
Source: Without Prejudice 11, pp 63 –64 (2011)More Less
In line with international developments, it is not inconceivable that electronic money (or E-Money as it is referred to in common parlance), will become far more prevalent in our day-to-day lives, and in everyday commerce in particular. Already an increasing number of E-Money products are being introduced into the South African market.
Author Aashistra BabulalSource: Without Prejudice 11, pp 64 –65 (2011)More Less
In South Africa, three types of marriages are recognised, namely civil marriage, which must comply with the requirements of the Marriage Act and common law, customary marriage, governed by the Recognition of Customary Marriages Act, and civil unions, which must satisfy the requirements of the Civil Union Act.
Author Patrick BracherSource: Without Prejudice 11, pp 68 –69 (2011)More Less
Conviction reversed because e-mail to wife was privileged
Lord's Prayer at council meetings
Competitor's ad does not amuse best buy
Fastest-growing practice areas
Foreign manufacturer's and subsidiary's liability in USA courts
Ban on violent video games struck down relying on fairytales
Wyoming Home is a little Cayman Island for shelf companies
Divorce lawyers see opportunity from gay marriages
Supreme Court rules against Wal-Mart employees
Bank robbed to get prison healthcare
Judge reprimanded for delayed recusal relating to romantic involvement
Youth's age is relevant in Miranda analysis
Law challenged in paramour poison case
Author Paul GilbertSource: Without Prejudice 11, pp 70 –71 (2011)More Less
If you were to ask lawyers what their ultimate client compliment would be many will say that it is to be considered a "trusted adviser". It doesn't matter if these lawyers work in-house or in law firms, the phrase "trusted adviser" seems to have a very special resonance which goes to the essence of what being a lawyer means to them.