Without Prejudice - Volume 14, Issue 1, 2014
Volume 14, Issue 1, 2014
Source: Without Prejudice 14 (2014)More Less
When I last wrote this publisher's note former President Nelson Mandela was still alive. Quite properly we carry in this issue a modest appraisal of his role as a lawyer though that was, of necessity, both limited in scope and brief in time. The extent to which Mr Mandela underwent in the popular imagination a form close to transubstantiation was extraordinary. And it is certainly true, of course, that the contribution for which he will always be remembered was the singular role he played in ensuring a uniquely bloodless transfer of power from a vigorous and formidable minority to an ill-equipped and downtrodden majority.
Author Myrle VanderstraetenSource: Without Prejudice 14 (2014)More Less
2014 - A new year and one that has at least two notable events; one will be celebrated and the other, commemorated. In July 1914 the First World War began; The Great War shattered the lives and dreams of millions of people. An horrendous war that swallowed young men like fodder and saw the use of chemical weapons and aerial bombings that contributed to the deaths of more than 16 million people, both military and civilian. It did not end "by Christmas" as many leaders at first believed and was considered "the end of the age of innocence." This year many countries will be commemorating the sacrifices made in order to "make the world safe for democracy." And democracy is what South Africans will be celebrating this year.
Author Richard FitzgeraldSource: Without Prejudice 14, pp 8 –9 (2014)More Less
Author Wessel BadenhorstSource: Without Prejudice 14, pp 10 –11 (2014)More Less
No, this article has nothing to do with sexual preference, the state of the country's roads or the Highveld. Dykes, potholes and rolling reef are some of the underground geological features that negatively impact on a miner's ability to extract minerals. They also introduce significant safety risks to underground mining conditions.
Author Chareen MarcusSource: Without Prejudice 14, pp 12 –13 (2014)More Less
Prior to September 2012, the Advertising Standards Authority of South Africa (the ASA) was the primary body tasked with adjudicating complaints lodged with it against advertisements promoting medicines and related health products and those containing health-related claims. This function has now been assumed by the Marketing Code Authority (the MCA), a self-regulating authority comprising pharmaceutical industry stakeholders that aims to regulate the ethical promotion and advertising of health products in South Africa.
Author Michal JohnsonSource: Without Prejudice 14, pp 14 –17 (2014)More Less
During November 2013 the South African National Traders Association (SANTRA) launched a substantial application against the City of Johannesburg and the Johannesburg Metropolitan Police Department (JMPD) in respect of the conduct of the City and the JMPD in relation to thousands of street traders.
Author Lize MillsSource: Without Prejudice 14, pp 18 –20 (2014)More Less
As of December 6 this year you no longer see a nurturing mother feeding her happy baby a bottle of formula milk as an advertisement in any newspaper, magazine, on a website or on television. In fact, you will not see the names of any brand or logos of infant formula, follow-up formula or powdered milks, or feeding bottles, teats and feeding cups for infants being promoted anywhere.
Author Maritjie BotesSource: Without Prejudice 14, pp 21 –22 (2014)More Less
Source: Without Prejudice 14, pp 23 –24 (2014)More Less
Are we hiding our ingenuity or advertising our lack of it? The activity at a country's patent office can be indicative of both the research and development activity of its local industry and the perception held by foreign companies of the country's receptiveness to novel or emerging technologies. In this regard one must look at the patent application trends of South African entities and of foreign entities.
Source: Without Prejudice 14, pp 24 –26 (2014)More Less
Globalisation in the past century has led to the growth and expansion of businesses at an unprecedented rate. Despite this, the exploitation of intellectual property (IP) as a means of creating a new revenue stream and increasing asset value continues to be a missed opportunity.
Author Sadullah KarjikerSource: Without Prejudice 14, pp 26 –27 (2014)More Less
While trade mark infringement cases are not unusual, there are few decisions in which the central issue, which required determination was whether the respective goods involved were so similar that it would gave rise to a likelihood of deception or confusion. It is for this reason that the decision in Mettenheimer & Another v Zonquasdrif Vineyards CC & Others ( ZASCA 152) deserves consideration.
Author Alicia CastlemanSource: Without Prejudice 14, pp 28 –29 (2014)More Less
S2 of the Trade Marks Act (194 of 1993) defines a mark as "any sign capable of being represented graphically including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned." A trade mark is defined as a mark used or proposed to be used in relation to goods or services for the purpose of distinguishing those goods or services from the same kind of goods or services of others in the trade.
Author Christophe Van ZylSource: Without Prejudice 14, pp 30 –31 (2014)More Less
According to a recent report, the population in sub-Saharan Africa, which currently stands at approximately 1.1bn, could double by the year 2050. Due to its growing population, the region presents huge opportunities for new investments and for the sale of goods to a growing consumer base.
Source: Without Prejudice 14, pp 32 –33 (2014)More Less
If the past year has taught us anything it is that the safer option is to believe nothing you hear second-hand and only half of what you see until something actually comes of it. In the legal community everyone has been up in arms, with some proclaiming the end of trusts and others fighting tooth and nail against reform.
Author Dave LoxtonSource: Without Prejudice 14, pp 33 –34 (2014)More Less
Author Patrick BracherSource: Without Prejudice 14, pp 36 –37 (2014)More Less
Lawyer suspended for client loans to get Nigerian inheritance
Poor little rich boy gets 10 year probation for fatal DuI crash
Rape defendant punches his lawyer at trial
"Astronomically" generous pay reclaimed
Six-year old suspended for kiss as sexual harassment
Wife charged with shooting husband outside law office
Suggestive sniffing as sexual harassment
Fear of jury Googling didn't justify changing lawyers webpage
Password-hoarding computer engineer convicted
Fallen bikini top a sudden emergency absolving driver
Lawyer who started at 16 still working at 96
Jury verdict overturned due to conduct of watching-brief insurance lawyer
Retired lawyer, 102, sells coin collection for $23 million
Catholic hospital ethics rules caused negligent care for miscarrying patient$105K damages for wrongful arrest of identity-theft victim
Husband says nurse wife was "worked to death"
Three days in jail for angry replies on questionnaire
Source: Without Prejudice 14, pp 40 –41 (2014)More Less
The tender adjudication framework provided for in the Preferential Procurement Policy Framework Act (5 of 2000) (PPPFA) and its Regulations (Preferential Procurement Regulations 2011) prescribe that functionality, where relied upon in a tender adjudication process, must be taken into account as a minimum threshold requirement in determining which tenders will proceed for further evaluation.
Author John McNightSource: Without Prejudice 14, pp 42 –43 (2014)More Less
It is a chilly June evening in Braamfontein. Several hundred cyclists set off to glide through the streets of Fordsburg before coming to a halt at 75 Fox Street. Above them towers a six-metre iconic statue, the Shadow Boxer. Inspired by the legendary Bob Gosani photograph of Nelson Mandela sparring on a Johannesburg rooftop, the painted steel sculpture stands as tribute to the fight Madiba put up for the freedom of the nation. Created by artist Marco Cianfanelli, it is the second largest statue in Johannesburg. An interesting feature of the sculpture is that its unique lighting allows the sculpture to cast a shadow onto the Johannesburg Magistrate's Court building at night. Opposite is Chancellor House, the building that once housed Nelson Mandela and Oliver Tambo's law firm. It is a now national heritage site.
Author Archie AaronSource: Without Prejudice 14 (2014)More Less
On September 22 1993 I flew to New York for a client then known as SA Cyanamid to attend a meeting at its head office in Wayne, New Jersey. On the 24th I flew back. Altogether I spent about thirty hours in the USA. Not much fun. However, there was an incident during the flight from Johannesburg to New York that I will never forget.