Without Prejudice - Volume 13, Issue 8, 2013
Volume 13, Issue 8, 2013
Source: Without Prejudice 13, pp 49 –50 (2013)More Less
Recognising that poverty, unemployment and inequality remain major problems years into South Africa's democracy, government has sought to use infrastructure development as a catalyst for economic development and job creation. In a stream of developments aimed at creating an environment that will foster the implementation of government's aims, the Department of Economic Development published the Draft Infrastructure Development Bill on February 8 2013.
Author Uda ChirambadoroSource: Without Prejudice 13, pp 50 –52 (2013)More Less
Once described as "financial weapons of mass destruction" by Warren Buffet, over-the-counter (OTC) derivatives have been the subject of much discussion by regulators after they played a role in the 2008 financial crisis and the collapse of several financial institutions around the world.
Source: Without Prejudice 13, pp 52 –53 (2013)More Less
Section 29 of the Constitution recognises that"everyone has a right to education". The use of theword "everyone" means that the right to education is not limited to South African citizens. Accordingly, asylum seekers enjoy the same right to basic education. However, in the case of unaccompanied and undocumented minors, giving effect to the right to education has proven a daunting task for both non-governmental organisations and pro bono attorneys.
Author Patrick BracherSource: Without Prejudice 13, pp 54 –55 (2013)More Less
Court worker fired for giving sample documents used by inmate for release
Law graduates lose appeal for tuition fee refund
Legal fees slashed by $26m
The legal practice on the treadmill
No warrant needed for cellphone general location records
Alternative fee arrangement unethical
Digital witness harassment
Google ordered to ID anonymous blogger
Laptops hacked in certain countries
Lawyer gets suspension for impersonating acquaintance on dating website
Lawyers rated last of 10 professions for contribution to society
Bicyclist guilty of pedestrian death not jailed
Magician needs disaster plan for his rabbit
Lawyer's disclosure to wife outs J.K. Rowling
Apple's lack of porn filter allegedly caused lawyer's addiction
Author Khomotso MatsimelaSource: Without Prejudice 13, pp 58 –59 (2013)More Less
While the Broad-Based Black Economic Empowerment (B-BBEE) Amendment Bill 2011 has introduced the criminalisation of fronting as we know it, is there really any reason to celebrate? Arguably there is, as true empowerment holds the possibility of harnessing the full potential of our economy and people.
Source: Without Prejudice 13, pp 60 –61 (2013)More Less
In their need to ensure the proper implementation of the myriad rules and legislation that comprise administrative law, administrators may sometimes lose sight of the constitutional principles forming the backbone of these laws. They do so at their peril. In many instances the courts have held that administrative decision-making that does not heed constitutional principles, specifically those listed in s217(1) of the Constitution, are formalistic and technical and thus invalid.
Author Owen DeanSource: Without Prejudice 13, pp 62 –63 (2013)More Less
I have a confession to make. I plead guilty as charged. I admit that I am a white male establishment lawyer. I practised for 35 years as a partner of a prominent attorneys firm specialising in the field of intellectual property law (IP). Thereafter, upon retirement, I became a Professor of IP Law. This makes me a member of that heinous and much vilified group of lawyers who are charged with the crime of wishing to preserve its privileged position and, therefore, overtly or covertly operating against transformation in the legal profession and willing to practice deceit and manipulation in order to achieve its goal. On this charge I plead not guilty.
Author Mandy LudekeSource: Without Prejudice 13, pp 63 –64 (2013)More Less
In accordance with s3 of the Institution of Legal Proceedings against Organs of State Act (40 of 2002) any party wishing to institute legal proceedings against a state organ must provide written notice of its intention to the state organ concerned, within six months from the date the debt became due. There are, however, exceptions to the rule allowing for condonation and, if circumstances permit it, to delay the giving of a notice and institution of legal proceedings until the facts relevant to the institution of a case has been ascertained.
Author Johann JacobsSource: Without Prejudice 13, pp 64 –67 (2013)More Less
The recent media attention on the exhumation and reburial of some of the descendants of Nelson Mandela against the backdrop of his own grave illness raises the sensitive issue of burial rights. The phrase - 'burial rights' - relates to the wholerange of death and burial practices.
Author Jacqueline LafleurSource: Without Prejudice 13 (2013)More Less
In Peter Taylor & Associates v Bell Estates & Another  ZASCA 94, the Supreme Court of Appeal (the SCA) was tasked with considering whether service of a notice of joinder in terms of Rule 10(3) of the Uniform Rules of Court interrupted the running of prescription as provided for by s15(1) of the Prescription Act (68 of 1969). The matter came on appeal from the KwaZulu Natal High Court where Madondo J had held that a notice of joinder did interrupt the running of prescription.
Author Noluthando NtseleSource: Without Prejudice 13, pp 68 –69 (2013)More Less
The Prevention of Organised Crime Act (121 of 1998) (POCA) was enacted to take action against, inter alia organised crime and forfeiture of any property, which may have been used in the conclusion of crime as well as any property, which constitutes the proceeds of unlawful activities. The property will be held, under a preservation order by the state, and will be released to the owner should the criminal charges be dropped against him/her.
Author Keneilwe BandaSource: Without Prejudice 13, pp 69 –70 (2013)More Less
There are a number of ways in which a surety can be rescinded, thus escaping liability under the suretyship contract. One is for the surety to allege that he did not consent to, or had no intention of entering into a suretyship agreement with the creditor. The suretyship agreement exists as an accessory agreement to the main or principal agreement and is concluded for the benefit of a creditor. Creditors protect themselves from the failure of a debtor to perform in terms of the principal agreement/debt, by requiring a third person, the surety, to bind himself, either wholly or in part, liable to make good on behalf of the principal debtor in the event the principal debtor fails to perform.
Author Lloyd LangenhovenSource: Without Prejudice 13, pp 70 –71 (2013)More Less
Due to the possibility of parties being able to conclude transactions via electronic means, factors such as distance become irrelevant. Accordingly, a purchaser of goods in South Africa may purchase goods from a supplier based in a foreign jurisdiction, such as England. This raises the issue of jurisdiction and in which country the transactions will be deemed to have been concluded in the event a dispute arises.
Source: Without Prejudice 13, pp 73 –74 (2013)More Less
People often wonder whether it is advisable to let a wine breathe before drinking it. A wine fundi apparently once indicated that he always, when opening a bottle of wine, listens to determine if it is breathing. If not, he immediately administers mouth-to-mouth resuscitation to the wine. Not a bad rule of thumb.
Author Dewaldt Van WykSource: Without Prejudice 13, pp 74 –75 (2013)More Less
For the past month, or more, I have tried neither to think nor talk about the massive NSA-Snowden fallout. My monthly column focuses on technology and I generally prefer to avoid talking about politics - I find it to be a dirty and counter-productive pursuit. However, there is a tipping point, where the proverbial elephant is no longer just in the room - and you cannot just close your eyes anymore, because the elephant is working on your laptop, reading your e-mail.
Author Vaughn WilliamsSource: Without Prejudice 13, pp 76 –77 (2013)More Less
The majority of my road test vehicles are either aspirational luxury cars or sports-cars. Though I have done the occasional SUV, I have never really ventured into the Commercial arena. Just not my cup of tea... then I found a cup of tea worth mentioning. The Ford Transit has had a long and illustrious career, mostly in the UK where it has been the first choice for businesses from florists to undertakers and virtually everything in between. In South Africa, the king of the Panel Van market has recently been the Mercedes Vito.