Annual Survey of South African Law - Volume 2012, Issue 1, 2012
Volume 2012, Issue 1, 2012
Source: Annual Survey of South African Law 2012, pp 1 –24 (2012)More Less
This section of the Annual Survey has over the past few years been dominated by accounts of the effective inaction or legally deficient action by the Judicial Service Commission in the face of alleged improper judicial conduct which has been very much in the public domain. The disputes have centred around two judges, Judge President Hlophe of the Western Cape High Court, and Judge Motata of the North Gauteng High Court. After a protracted process involving several impugned decisions of the Judicial Service Commission (JSC) and other challenges brought to court by the judges themselves, these disputes appear to be heading towards some form of finality.
Source: Annual Survey of South African Law 2012, pp 51 –64 (2012)More Less
No significant statutes or regulations were brought into force during the year under review. Much South African admiralty and maritime legislation is failing to keep abreast of international developments, and there is a particular need to review and amend the Merchant Shipping Act 57 of 1951. Various marine notices and guidance notes were, however, issued by the South African Maritime Safety Authority ('SAMSA') that are of importance to seafarers, especially in relation to safety and certification matters. And these marine notices and guidance notes can play a significant role in criminal and civil proceedings.
Author Estelle HurterSource: Annual Survey of South African Law 2012, pp 65 –103 (2012)More Less
Author Christian SchulzeSource: Annual Survey of South African Law 2012, pp 104 –115 (2012)More Less
In MV Cos Prosperity: Phoenix Shipping Corporation v DHL Global Forwarding SA (Pty) Ltd and Another 2012 (3) SA 381 (WCC), the court had to decide on an application for the recognition and enforcement of a foreign arbitral award. The history of this case makes fascinating reading (paras -) and is a good illustration of how and to what extent things can go wrong in daily business life. For the sake of brevity, only a short summary of the facts must suffice.
Author S.V. HoctorSource: Annual Survey of South African Law 2012, pp 243 –266 (2012)More Less
A number of sections of this Act commenced on 1 March 2012, including provisions relating to the following offences: prohibition of reproductive cloning of human beings (s 57); receipt of financial or other reward by anyone who has donated tissue, a gamete, blood or a blood product for such donation, except for the reimbursement of reasonable costs incurred by him or her in providing such donation (s 60(4)(a)); unauthorised sale of or trade in tissue, gametes, blood or blood products (s 60(4)(b)); and unauthorized allocation or use of, or charging a fee for, a human organ (s 61).
Author Andra Le Roux-KempSource: Annual Survey of South African Law 2012, pp 267 –305 (2012)More Less
All the sections of the new Correctional Matters Amendment Act 5 of 2011 came into operation on 1 March 2012, save for section 9 which only comes into operation with regard to sections 36, 37, 49, 49A, 49B, 49C, 49D, and 49F of the Correctional Services Act 111 of 1998 (the principal Act). The Correctional Matters Amendment Act 5 of 2011, repeals certain provisions of the Correctional Services Amendment Act, 2008, and provides for a new medical parole system. It also clarifies provisions with regard to parole, and provides for the management and detention of remand detainees.
Author Jacqueline HeatonSource: Annual Survey of South African Law 2012, pp 328 –374 (2012)More Less
The General Regulations Regarding Children 2010, issued in terms of the Children's Act 38 of 2005, have been amended. The amendments relate to the reporting of abuse or deliberate neglect of a child; the inclusion of a person in the National Child Protection Register; removal of a child to temporary safe care; and the fees payable to accredited child protection organisations. The amendments came into operation on 29 June 2012 (GN R497 GG 35476 of 29 June 2012).
Author Roshana KelbrickSource: Annual Survey of South African Law 2012, pp 525 –534 (2012)More Less
With effect from 8 June 2012, the exchange control regulations, promulgated under section 9 of the Currency and Exchanges Act 9 of 1933 have been amended (General Notice 445 GG 35430 of 8 June 2012) to nullify the effect of Oilwell (Pty) Ltd v Protec International Ltd and Others 2011 (4) SA 394 (SCA) (see further 2011 Annual Survey 523-5 and 730-2). In terms of the newly inserted regulation 10(4), for the purposes of regulation 10(1)(c), the term 'capital' includes 'any intellectual property right, whether registered or unregistered' (reg 10(4)(a)); and the term 'exported from the Republic', in turn, includes 'the cession of, the creation of a hypothetic or other form of security over, the assignment or transfer of any intellectual property right, to or in favour of a person who is not resident in...' South Africa (reg 10(4)(b)).These amendments have been analysed in detail by Professor LTC Harms ('The aftermath of Oilwell Ltd v Protec International Ltd' (2013) 76 THRHR 421 422-4).
Source: Annual Survey of South African Law 2012, pp 535 –601 (2012)More Less
In the period under review, developments in labour law were shaped by two realities. First, 2012 saw the publication of a number of Bills representing an attempt at the first major overhaul of South African labour legislation since 2002. These Bills did not make much headway during 2012, and, at the time of writing, remain far from finalised. This means a detailed discussion is not warranted in this publication. Rather, section A below will provide a brief overview of the proposed legislative amendments to give some idea of the thinking behind the legislation and what the future may hold. Secondly, because of the specialist nature of Labour Courts and tribunals, and the specialist system of reporting of labour judgments, 2012 saw, as usual, a vast number of judgments to be considered for inclusion in this publication. Space simply precludes a discussion, let alone a detailed discussion, of all these cases and necessitates difficult decisions about judgments that merit inclusion. For this reason, the focus of section B will be on those judgments which applied and developed the substantive (as opposed to procedural) principles of labour law.