Without Prejudice - Volume 8, Issue 1, 2008
Volume 8, Issue 1, 2008
Source: Without Prejudice 8, pp 38 –39 (2008)More Less
On December 6 last year, the National Treasury released a third and final draft of the Mineral and Petroleum Resources Royalty Bill, 2007 for public comment and Parliamentary review. The final draft aims to fulfil the objectives of the Mineral and Petroleum Resources Development Act, 2002 by facilitating "equitable access" to and "sustainable development" of South Africa's mineral resources, as well as advancing the "social and economic welfare" of all South Africans.
Author Alexandra ShardlowSource: Without Prejudice 8, pp 40 –41 (2008)More Less
During September 2007 the Constitutional Court heard the matter regarding the "adoption" of the child known as "Baby R," who was found abandoned in the veldt near Roodepoort, two days after her birth. The applicants were American citizens and long-standing friends of the girl's foster parents.
Author Loretta FerisSource: Without Prejudice 8, pp 42 –43 (2008)More Less
This note considers whether we are witnessing the start of so-called "SLAPP" (Strategic Litigation Against Public Participation) law suits against citizens concerned about noncompliance with environmental laws. This stems from the rising number of defamation actions against such citizens.
Author Armando AguiarSource: Without Prejudice 8, pp 44 –45 (2008)More Less
Author Petra KruscheSource: Without Prejudice 8, pp 46 –47 (2008)More Less
The much publicised furore involving the allegations of price-fixing among bakers has captured the attention and ire of the competition authorities and consumers alike. Given that the banding together of suppliers on pricing and supplies effectively means consumers may be exposed to higher prices than in non-manipulated market conditions, the condemnation can be understood and the corresponding magnitude of administrative penalties imposed appreciated.
Source: Without Prejudice 8, pp 49 –50 (2008)More Less
In the recent case of KH Eley v Lynn & Main Inc the Appeal Court revisited the accessory nature of contracts of suretyship - specifically the age-old debate over whether this distinctive characteristic entails that, where judgement is given against the principal debtor, but not the surety, prescription will, nevertheless, run against both the principal debtor and the surety for the same period.
Author Joel Nkodi MohlamaonyaneSource: Without Prejudice 8, pp 50 –51 (2008)More Less
While slavery may have been outlawed in all civilised legal systems, the trade in human beings is still a business in which billions of rand are turned over annually. In addition the trade is legal and tolerated to some extent by modern legal systems all over the world. This trade takes place within the world of modern professional sport where world class athletes are treated as valuable commodities.
Author Paul GilbertSource: Without Prejudice 8, pp 54 –55 (2008)More Less
No New Year is complete without a thought to introducing some change into our lives ... it might be personal (once again I will try to lose the weight I have already lost several times before) or professional (I will prepare properly for all team meetings and not treat them as an inconvenience to my hectic schedule of assorted crisis management events) or even one that combines the two (I will try to make some time to consider how my own career should develop and not expect my next promotion to be the responsibility of someone else).
Source: Without Prejudice 8, pp 61 –62 (2008)More Less
The average South African consumes approximately 7 litres of wine per year, which is less than one bottle of wine per month. This is shocking. Especially when compared with civilised countries such as Italy with an approximate per capita wine consumption of 57 litres and France with approximately 59 litres per capita each year.
Source: Without Prejudice 8 (2008)More Less
Mercedes-Benz Viano launch
The new, top of the range Viano 3,0 CDi "Ámbiente" was launched recently at the Zwartkops raceway. The venue, you may think, was a strange place to launch a 7-seater MPV. You would be wrong. The venue was the ideal place to put the Viano through its paces; it showed the big V6 to be extremely nimble and powerful with an unquenchable thirst for twisty corners.
Author Michael AverySource: Without Prejudice 8 (2008)More Less
Buildmax, the beleaguered construction company once owned by controversial Malaysian businessman Samsudin Bin Abu Hassan's SMG Holdings, appears to have turned the corner with last December's announced reverse listing and acquisition of the Buildco Group of companies. Buildmax listed on the JSE's main board in July 1996 and control shifted shortly thereafter to Malaysian company Mycom and two years later to Samsudin's SMG Holdings. Samsudin became embroiled in a string of dodgy deals and was forced to step down as chairman of Buildmax in 2003 when details of his part in the theft of funds in his native Malaysia unfolded.