Without Prejudice - Volume 9, Issue 8, 2009
Volume 9, Issue 8, 2009
Author Pierre De VosSource: Without Prejudice 9, pp 4 –5 (2009)More Less
Author Pamela PatherSource: Without Prejudice 9, pp 6 –8 (2009)More Less
Will the new South African government provide diplomatic protection for its citizens? The answer to this is of great importance to Crawford Lindsay von Abo (Von Abo), his legal team and most certainly the remainder of the South African farmers who owned farms in Zimbabwe and who have since been evicted.
Author Jeanette BriscoeSource: Without Prejudice 9, pp 8 –9 (2009)More Less
The stated object of the Competition Amendment Bill, 2008, which proposes to amend the Competition Act, 1998, is not to overhaul the Competition Act completely but, rather, to strengthen effective enforcement by allowing for:
- closer scrutiny of practices which tend to prevent or distort competition in any particular market (most notably, cartels);
- the institution of a market enquiry process; and
- the personal liability of directors and managers who engaged in, or knew of, the cartel activities of the firm in question (Introduction to the Bill, and Notice of Introduction of the Competition Amendment Bill into Parliament, Government Gazette 31101, May 29 2008).
Author Neil MacKenzieSource: Without Prejudice 9, pp 12 –13 (2009)More Less
The Competition Appeal Court (the CAC) recently handed down the first definitive judgement on the test to be applied in determining whether a firm has committed the offence of 'charging an excessive price to the detriment of consumers.' Excessive pricing is prohibited by s8(a) of the Competition Act 89 of 1998.
Source: Without Prejudice 9, pp 14 –15 (2009)More Less
The concept of a "margin squeeze," as a form of an abuse of dominance, is relatively new in competition law jurisprudence, literature and case law. One reason for this new-found utility is that margin squeeze cases frequently arise in the context of recently liberalised markets, of which South Africa, due to our particular heritage, has no shortage of examples.
Source: Without Prejudice 9, pp 16 –17 (2009)More Less
Author Owen DeanSource: Without Prejudice 9, pp 17 –20 (2009)More Less
The Department of Trade and Industry (DTI) has prepared, and proposes placing before parliament later this year, a Bill to amend the intellectual property statutes, and more particularly the Trade Marks Act, Copyright Act, Designs Act and Performers Protection Act. The purpose is to introduce protection for so-called "traditional knowledge" into these Acts as a form of intellectual property.
Source: Without Prejudice 9, pp 20 –21 (2009)More Less
On June 1 2009, the Supreme Court of Appeal in David Feldman NO v EMI Music SA (Pty) Ltd/EMI Music Publishing SA (Pty) Ltd passed judgement which will have "do-or-die" implications for those co-authors of copyright works seeking to sue, individually, for the full amount of damages flowing from copyright infringement. The Supreme Court ruled that failure of a plaintiff to join the co-authors of a work, or to make out a case as to why it is entitled to sue without doing so, will mean the plaintiff will not be able to claim all the damages flowing from copyright infringement.
Author Omphile ModibelaSource: Without Prejudice 9, pp 22 –23 (2009)More Less
On June 11 this year, World Health Organisation (WHO) Director-General Margaret Chan announced WHO's decision to raise the level of the Swine Flu pandemic alert from phase 5 to phase 6, effectively announcing the start of a Swine 'Flu global pandemic. The last time an influenza pandemic was declared was in 1968, with the Hong Kong Flu - it is estimated that the Hong Kong Flu pandemic left about one million people dead worldwide. When WHO made its announcement, the Swine 'Flu death toll worldwide was standing at 144, with 30,000 confirmed cases having been reported in 74 countries.
Author Mohamed KhaderSource: Without Prejudice 9, pp 24 –26 (2009)More Less
In the July issue of Without Prejudice (pp22-23) the unreported judgement of Moresport (Pty) Ltd) v The Commissioner for the South African Revenue Service and three others (TPD) case no.36853/2006 was discussed (this involved a complaint laid by Crocs Inc to the effect that Moresport had imported counterfeit goods).
Source: Without Prejudice 9, pp 26 –29 (2009)More Less
The Companies Act, 2008, contemplates that a company may be placed under supervision and begin "business rescue proceedings" where there is "a reasonable prospect of rescuing the company". In these circumstances, a "practitioner" will be appointed who, in terms of s136(2) of the Companies Act, has the power to "cancel or suspend entirely, partially or conditionally any provision of an agreement to which the company is a party at the commencement of the business rescue period ... ".
Author Nel RutkowskiSource: Without Prejudice 9, pp 31 –32 (2009)More Less
Two well-known common law doctrines in South African company law, the doctrine of constructive notice and the Turquand rule, are set to undergo some changes when the new Companies Act (71 of 2008) comes into force. This article aims to explain these doctrines, how they are to be changed and their effect on transactions between companies and third parties.
Source: Without Prejudice 9, pp 34 –36 (2009)More Less
That cup of coffee you so enjoy is now to be subject to a raft of regulation. During June this year the Department of Health published draft regulations under the Foodstuffs, Cosmetics and Disinfectants Act, 1972, in terms of which it intends to regulate coffee products in various forms.
Source: Without Prejudice 9, pp 36 –37 (2009)More Less
The Supreme Court of Appeal recently considered what constitutes negligence in the event of a customer slipping on a supermarket floor after Ms Lindsay instituted action against Checkers in Checkers Supermarket v Lindsay (123/2008)  ZASCA 26 (27 March 2009) for bodily injury. (Lindsay succeeded in her action in the high court; Checkers took the decision on review.)
Author Nastascha Van VuurenSource: Without Prejudice 9 (2009)More Less
The Consumer Protection Act (68 of 2008) will bring to an end an epoch in which the right to contractual autonomy outweighs the rights of consumers, who are almost always in a weaker bargaining position. The Act aims to place consumers and suppliers on an equal footing. In fact, s52(2)(b) provides that in any proceedings before a court concerning the terms of a transaction or agreement between a supplier and consumer, the court must, among other matters, consider the parties' relative bargaining positions.
Author Johan BotesSource: Without Prejudice 9, pp 39 –40 (2009)More Less
Recent reports suggest that a 23-year old Durban employee was dismissed by his employer after the employee called his boss a "...serial masturbator..." on FaceBook. This follows reports of the suspension of two other employees. In one matter, a 25-year old Pretoria man was suspended after advising friends and FaceBookers alike about his employer's alleged laziness. In the other instance, a 25-year old Johannesburg woman was reportedly suspended for plugging a competitor's product on her profile home page.