Without Prejudice - Volume 7, Issue 6, 2007
Volume 7, Issue 6, 2007
Author Carmel RickardSource: Without Prejudice 7 (2007)More Less
Author Doug ArmstrongSource: Without Prejudice 7, pp 34 –35 (2007)More Less
Along with other elements of the professional services industry, those practising the law are under pressure on a number of fronts. Perhaps the most critical is the ongoing and large scale loss of essential skills which is draining the industry of its valuable and difficult-to-replace intellectual capital. Then there are the dictates of the current legal environment where the need to craft acceptable transformation policies and develop empowerment strategies creates further pressures, not to mention the impact of these on the future of the profession and the creation of a socially acceptable judiciary. Also looming is the more remote but theoretically possible large-scale entry of overseas firms into the South African market which will no doubt bring challenges of its own.
Author Pieter SteynSource: Without Prejudice 7, pp 36 –37 (2007)More Less
President Thabo Mbeki has described this century as the African century and, from a business point of view, Africa presents both challenges and huge opportunities. With the advent of democracy in 1994, South African business began making significant investments in Africa, and South Africa became widely perceived as the "gateway" to Africa.
Author Nemo JudexSource: Without Prejudice 7 (2007)More Less
Judgement in Everyone v The Government of the Republic of South Africa
Foss-Harbottle J: The State is in a state. State employees are on strike and tax-paying citizens claim that they are not getting value for money. If they seek to turn from value to chance, they find that the Lottery is not operating to give them at least an opportunity to make up for it.
Author Francois Du PlessisSource: Without Prejudice 7, pp 39 –40 (2007)More Less
In July 1998, the SA Law Commission's (SALC) Project Committee on International Commercial Arbitration recommended, among other matters, that
- a clear distinction be drawn between the needs of parties to domestic and international arbitration proceedings and that - to this end
- South Africa should enact a separate international commercial arbitration statute, based on the 1985 UNCITRAL Model Law. Such an initiative would bring South Africa's arbitration laws and practice in line with internationally accepted standards and pave the way for South Africa to become the preferred "arbitration-friendly" centre for the resolution of cross-border business disputes in the Sub-Saharan Africa region.
Author Portia MngomezuluSource: Without Prejudice 7, pp 41 –42 (2007)More Less
The "sex blog" of an anonymous former male prostitute who named a number of high profile South Africans, including politicians, South African celebrities, a rugby star and a prominent dominee, as his clients, has sparked debate on whether legal action could have been taken by the persons named.
Author Tania McanearneySource: Without Prejudice 7, pp 42 –44 (2007)More Less
Author Mandisi RusaSource: Without Prejudice 7, pp 44 –45 (2007)More Less
There is a continuing tendency by parties in a potential litigation to use the provisions of the Promotion of Access to Information Act (2 of 2000) to secure early discovery of documentation before the commencement of legal proceedings, on the basis that the documents could assist them to formulate a claim against a potential defendant. According to a recent majority judgement in the matter of Unitas Hospital v van Wyk and Another 2006 (4) SA 436 SCA, this practice is not permissible.
Author Agnieszka WlodarskSource: Without Prejudice 7 (2007)More Less
Litigation is a costly matter. Attorneys are aware that Rule 34 of the Supreme Court Rules provides for a means to limit a client's exposure. It provides for an offer or tender to be made, be it on an unconditional or conditional basis and provides for how it should be made and how accepted. Should one side elect to reject the offer and an equal or lower award is ultimately made by the court, that litigant should bear the costs that would have been avoided had the offer been accepted. At least this is how it works in theory ..
Author Anita GihwalaSource: Without Prejudice 7 (2007)More Less
Hedge funds in South Africa are rapidly evolving into an impressive, sophisticated industry albeit in an uncertain regulatory environment. Against this background, fund managers and investors often find themselves in a grey zone and look for guidance to conventional industry practice rather than the strict letter of the law. It is under these circumstances that sound practices in the area of valuations and valuation techniques become important.
Author Jane StrachanSource: Without Prejudice 7, pp 52 –54 (2007)More Less
Public advocacy - that area of activity whose primary purpose is to influence people's opinions or actions on matters of public policy or concern - is a vital feature of a strong democracy, yet there is a perceived caution on the part of many funders to commit to this sector.
Author David GleasonSource: Without Prejudice 7, pp 54 –55 (2007)More Less
Source: Without Prejudice 7, pp 56 –57 (2007)More Less
World Environment Day (WED), which was commemorated globally on Tuesday, June 5, was established by the UN Nations General Assembly in 1972, making it the 35th Anniversary to mark the opening of the Stockholm Conference on the Human Environment. This groundbreaking conference gave rise to the United Nations Environment Programme (UNEP), which has provided a crucial platform for the expression of environmental concerns internationally.
Source: Without Prejudice 7 (2007)More Less
Automotive electronics specialist, Control Instruments (CI), announced in May an estimated R650m deal that will see its vehicle and fleet management business spun off and merged with Matrix Vehicle Tracking. The deal sees CI complete a full circle since acquiring the Fleet Management Services business from Matrix in the third quarter of 2001.
Author Jacqueline DriverSource: Without Prejudice 7 (2007)More Less
In the April issue of without prejudice (p65), Emile Myburgh gives an interesting and useful exposition of the flaws which currently exist within the Immigration Act and Regulations. However, flaws of this nature can generally be overcome. More difficult is where the legislation fails to provide for those "unusual" applications or those granted in terms of the old Regulations and the tendency of department officials to exercise their discretion in an inconsistent manner when processing and approving such applications.