Without Prejudice - Volume 12, Issue 7, 2012
Volume 12, Issue 7, 2012
Source: Without Prejudice 12 (2012)More Less
On May 16 United States Senate Finance Committee member Charles E. Schumer and Sen. Robert P Casey Jr., introduced the Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy Act (Ex-PATRIOT Act). This was in response to the high profile renunciation of US citizenship by billionaire US citizen Eduardo Saverin of Facebook Inc.
Author Carmel RickardSource: Without Prejudice 12, pp 56 –57 (2012)More Less
Three recent rape cases illustrate why the public is understandably confused. Every reader will know that minimum sentences have been prescribed that should apply except where 'substantial and compelling' circumstances exist to make an alternative sentence more appropriate. And it's what may legitimately be considered 'substantial and compelling' circumstances that causes the confusion.
Author Nemo JudexSource: Without Prejudice 12 (2012)More Less
Kohn v the Minister of Education and others
Foss-Harbottle J : The applicant is a 14-year old schoolboy who seeks a declaration of rights on behalf of all schoolchildren under the age of 15 prohibiting any school from giving them homework. The class action is brought under s38 of the Constitution which allows anyone acting as a member of, or in the interest of, a group or class of person seeking to enforce their human rights.
Author Simone MontySource: Without Prejudice 12 (2012)More Less
South Africa does not have comprehensive privacy or data protection legislation. Some aspects are covered in various other statutes that are consumer protective, such as the Consumer Protection Act, the National Credit Act and the Electronic Communications and Transactions Act.
Author Sushila DheverSource: Without Prejudice 12 (2012)More Less
In terms of s40 of the Children's Act (2005), a lesbian couple married under the Civil Union Act (2006) can both register as the parents of a child born to either woman as a result of artificial fertilisation. According to the Act, the child must "for all purposes be regarded to be the child of those spouses."
Source: Without Prejudice 12, pp 61 –63 (2012)More Less
The use of fixed term contracts of employment appeals to employers for a number of reasons, some of which are legitimate and others of which are frowned upon by the Labour Courts and Commission for Conciliation, Mediation and Arbitration (the CCMA). In particular, where fixed term contracts are used by employers to avoid the consequences of full-time employment, their use may be found to be impermissible and can attract punitive consequences for employers.
Author Pierre NaudeSource: Without Prejudice 12, pp 66 –68 (2012)More Less
Persons and organisations involved in holding potentially dangerous events and activities such as skydiving, and which may involve minors, should take heed of a recent decision of the [.] Court in E de Kock (plaintiff) v Witbank Skydiving Club (first defendant) and K Elliot (second defendant). The court was obliged to examine the consequences of a skydiving jump that went wrong and where the injured person was a minor.
Source: Without Prejudice 12, pp 68 –69 (2012)More Less
The recent Constitutional Court judgement in the matter of South African Transport and Allied Workers Union and another v Garvis and Others answers a question many South Africans have been asking: can a trade union be held liable for the damages and losses caused by its unruly members during a march or gathering on public land? The answer is a resounding "yes".
Author Dewaldt Van WykSource: Without Prejudice 12, pp 73 –74 (2012)More Less
Almost overnight, Google became a successful producer of high-end consumer electronics. Sure, they have been producing one of the most successful smartphone operating systems - Android, but Android-based phones lacked that cleverly integrated feeling that one experiences when working on Apple products; after all it does make perfect sense for the software vendor to have a say in the hardware development process - an holistic approach ensures for an overall good product. Mike Isaac, writing for Wired Magazine, claims that "finally, Android has a soul." I'd rather not summon the incorporeal, but I would go as far as to say that the Nexus range has a certain je ne sais quoi.
Author David ReesSource: Without Prejudice 12, pp 75 –76 (2012)More Less
New Zealand's Prime Minister, Mr John Key, has been visiting Australia. Mr Key leads the National Party, which commands 59 seats in the 121-member House of Representatives. New Zealand's parliament is unicameral, and the process for electing members of parliament is complex, part constituency and part proportional representation, almost guaranteed, it seems, to produce minority governments.