Without Prejudice - Volume 8, Issue 11, 2008
Volume 8, Issue 11, 2008
Author Allison LeeSource: Without Prejudice 8, pp 36 –37 (2008)More Less
No matter the level of responsibility and authority actually given to a legal adviser, it is incumbent that all legal advisers bring to the attention of his or her organisation's senior management, the vital role which he or she can play in protecting its reputation through the employment of sound corporate governance and risk management practices.
Source: Without Prejudice 8, pp 39 –40 (2008)More Less
An employee wanting to interdict the employer from commencing or continuing with a disciplinary enquiry, may find that the Labour Court will not entertain an application for want of jurisdiction. The recent Labour Court judgement in Booysen v South African Police Service and Minister of Safety & Security (unreported judgement, case number C60/08, February 14 2008) held that the Labour Court does not have jurisdiction to intervene in disciplinary proceedings. This judgement runs contrary to previous decisions of the Court, and could well place aggrieved employees in a predicament.
Author Sally D'Arcy-DonnellySource: Without Prejudice 8, pp 42 –44 (2008)More Less
The landmark case of Coetzee v Government of the Republic of South Africa; Matiso & Others v Commanding Officer, Port Elizabeth Prison & Others 1995 (4) SA 631 (CC) rendered s65A to s65M of the Magistrate's Court Act unconstitutional, thereby prohibiting the imprisonment of debtors unable to pay their debts.
Source: Without Prejudice 8, pp 44 –45 (2008)More Less
Currently, labelling of GMO's is voluntary with mandatory labelling requirements only in the instance of extreme modification. It is evident that this Bill could impact on producers, suppliers, importers and packagers and place an enlarged onus on them to ensure that foodstuffs and other prescribed goods which may contain GMO's are correctly labelled.
Author Gail SchimmelSource: Without Prejudice 8 (2008)More Less
As the year ends, it is an appropriate time to look back at the ASA Final Appeal decisions of 2008, not so much to consider the facts and merits, but to look at the legal "learnings" (as the Americans say) that result. The Final Appeal Committee (FAC) of the Advertising Standards Authority (ASA) is, as the name implies, the final level of decision making within the ASA. A matter brought before this committee will have been considered by at least one, but more often two, lower committees. Once a matter has been decided by the FAC, there is no further level of appeal.
Author David GreenSource: Without Prejudice 8, pp 52 –53 (2008)More Less
The events of the past few months have been of truly staggering proportions. It would be hard to give a full account of them without resorting to excessive hyperbole. I begin with an analogy : the end of the quarter saw the death of screen legend Paul Newman. This prompted me to re-watch his old classic "The Sting" which also starred a still-very-boyish Robert Redford. The story is one of grand deception at the end of which the "mark" is painfully parted from his money, and the apparatus of the scam is dismantled with remarkable speed and efficiency.
Author Brent BothaSource: Without Prejudice 8, pp 53 –54 (2008)More Less
Wireless Application Service Providers (WASPs) provide web-based access to applications and services that would otherwise have to be stored locally and enable customers to access services from a variety of wireless devices. WASPs are contractually regulated by the three mobile network operators in South Africa. They are also self-regulated by the Wireless Application Service Providers' Association (WASPA) but are not directly regulated by the Independent Communications Authority of South Africa.
Author Anthony MarkhamSource: Without Prejudice 8, pp 54 –55 (2008)More Less
The present Estate Tax Treaty between the United States and South Africa was signed by Jan Smuts on April 10 1942. It was updated by Supplementary Protocols in 1950 and 1952, but has not been updated since. It remains in force, governing the way in which the estates of South African individuals which include US assets and the estates of US individuals which include South African assets are taxed in South Africa and the United States.
Author David ReesSource: Without Prejudice 8, pp 60 –61 (2008)More Less
No, your correspondent has not embarked on a new career in residential construction. Nor (an even more remote possibility) has he succumbed to a wave of generosity toward the poor of the parish. Nathan Rees (emphatically no relation) is the newly installed premier (that is, head of government) of the state of New South Wales. With a resume that includes stints as a garbage collector, trades union organiser and bowling-green "curator", as well as boasting a university degree in English literature, who can doubt that Rees is admirably equipped for his new job as leader of the elected Labour government of Australia's largest and most economically catatonic state?
Author Vaughn WilliamsSource: Without Prejudice 8 (2008)More Less
Author Eben Van WykSource: Without Prejudice 8 (2008)More Less
The Constantia Valley is the oldest wine making region in the southern hemisphere, dating back to 1685. The unique wines from this valley were enjoyed by Napoleon Bonaparte and European royalty (Frederick the Great, the King of England and the King of France in the 18th century) and are still known for their high standards and quality today - even by the uneducated wine drinker.