Without Prejudice - Volume 13, Issue 1, 2013
Volume 13, Issue 1, 2013
Author Virusha SubbanSource: Without Prejudice 13, pp 44 –45 (2013)More Less
Author Peter SurteesSource: Without Prejudice 13, pp 45 –46 (2013)More Less
On November 20 2012 in Bosch & McClelland v CSARS Case No A 94/2012 HCWC, a full bench of the Western Cape High Court applied the much discussed, and much criticised, 2010 judgement of the Supreme Court of Appeal (SCA) in CSARS v NWK Ltd 73 SATC 55. In doing so, the court gave the first indication of the judicial status of the most contentious aspect of the NWK judgement, where the SCA, in the view of some commentators, overturned a century of legal precedent on the subject of simulated transactions.
Author Rudi KatzkeSource: Without Prejudice 13, pp 47 –48 (2013)More Less
Author Michael WilliamsSource: Without Prejudice 13, pp 48 –49 (2013)More Less
The Constitutional Court's decision in Print Media South Africa and Another v Minister of Home Affairs and Another has been praised for entrenching the Court's commitment to freedom of speech. It is a pleasing judgement for defenders of free expression and it leaves the Films and Publications Act in much better shape.
Source: Without Prejudice 13, pp 50 –51 (2013)More Less
Towards the end of 2012, the DTI produced the Revised Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice and B-BBEE Technical Assistance Guidelines (the Revised Codes), Government Gazette 35754 on October 5 2012. The Revised Codes included a significant adjustment to the scoring method of the current BEE Scorecard and certain seemingly innocuous changes to Code Series 700 (the original code) relating to the Socio-Economic Development (SED) Elements of B-BBEE were made.
Author Nemo JudexSource: Without Prejudice 13 (2013)More Less
Barker v Barker
Foss-Harbottle J : The festive season has some distressing consequences at the beginning of every year. Besides penury, divorce summonses and return-to-work, the most distressing of all is the realisation of many (who have had their cake and eaten it) that they are festively plump.
Author Jacques JoubertSource: Without Prejudice 13 (2013)More Less
Author Alicia CambanisSource: Without Prejudice 13, pp 55 –56 (2013)More Less
A case brought by Mercedes Benz against the Buffalo City Municipality in the Eastern Cape High Court has given consumers the go ahead to institute legal proceedings against municipalities, which fail to maintain their plant or equipment properly and fail to provide a consistent supply of electricity. However, the ruling is unlikely to hold much weight.
Source: Without Prejudice 13, pp 57 –58 (2013)More Less
Under the Labour Relations Act (66 of 1995) (LRA), the consequences of changing an employee's working conditions can differ depending on whether the employer has made changes, which constitute a change to an employee's terms and conditions of employment, or which can be said to be a mere change to the employer's work practices.
Author David ReesSource: Without Prejudice 13, pp 62 –63 (2013)More Less
Every year has an X Factor - the unforeseen (and unforeseeable) Godzilla that emerges from the forest and tramples on all assumptions and plans, reminding us that, as Robert Burns said:
The best-laid schemes o' mice an' men
Gang aft agley,
An' lea'e us nought but grief an' pain,
For promis'd joy!
Author Eben Van WykSource: Without Prejudice 13 (2013)More Less
Author Vaughn WilliamsSource: Without Prejudice 13, pp 64 –65 (2013)More Less
In days of yore, Nissan had a catchy jingle that went "great features make Nissans great" but it was scoffed at by most Mercedes and BMW drivers. It was true that among the Japanese network of vehicles, Nissan's upmarket cars far upstaged its Oriental counterparts both in features and power.
Author Dewaldt Van WykSource: Without Prejudice 13, pp 66 –67 (2013)More Less
Each year, in January, the CES or the Consumer Electronics Show displays and debuts some of the latest and greatest consumer electronics at the Las Vegas Convention Centre in Las Vegas. The Consumer Electronics Association (CEA), producer of CES, projected a growth in the industry of 3% - a projected revenue of $209.6bn. 2012 saw revenues in the order of $204 billion, up 5% from the previous year. This is all good news to investors, but what can consumers expect to see in 2013?
Author Michael AverySource: Without Prejudice 13, pp 68 –69 (2013)More Less
When the news broke that Basil Read was selling subsidiary TWP, an engineering project and construction management (EPCM) company acquired relatively recently (in 2010), to WorleyParsons, a truly global Australian-based construction company, the question on many market watchers' lips was, why now?