IMPORTANT NEWS ZUMA SIGNS 10 BILLS INTO LAW

Transcription

1 Bulletin Bulletin 6 of of 2017 Period: Period: 6 January 1 February to January 8 February IMPORTANT NEWS ZUMA SIGNS 10 BILLS INTO LAW President Jacob Zuma signed 10 Bills into law, according to an SABC News report. They include the Taxation Laws Amendment Act, Finance Act, Adjustment to Appropriation Act, Children's Act and Performing Animals Protection Amendment Act. Among other things the Finance Act deals with the recovery of unauthorised expenditure. The Children's Act requires that a person convicted of certain offences be deemed unsuitable to work with children. It also affords a child offender an opportunity to make representations as to why a finding of unsuitability to work with children should not be made. Details on all the Bills signed by Zuma are listed in a report on the Polity site. Source: Legalbrief, 12 January 2017 ZUMA SIGNS HIGHER EDUCATION AMENDMENT ACT President Jacob Zuma has signed into law the Higher Education Amendment Act, which gives Minister Blade Nzimande greater powers to intervene in university matters and bolsters the government's higher education transformation plans, according to a News24 report. The central theme of the Act was to make universities more inclusive, and to move away from old patterns of universities based on racial or language lines and to recognise African schools of thought and knowledge, explained MP Charles Kekana, whip of Parliament's Higher Education Committee. Source: Legalbrief, 19 January 2017 EDUCATION, TRAINING ARTICULATION POLICY GAZETTED The Department of Higher Education and Training has finalised its articulation policy, which will inform moves to facilitate access to education and training career paths ; mobility and progression within them and across the institutions concerned; and the redress of unfair discrimination in education, training and employment opportunities. Released in draft form during March last year for comment, the policy was gazetted on Friday and will apply to all education and training providers whether public or private, reports Pam Saxby for Legalbrief Policy Watch. Among other things the policy is expected to ensure that a common core curriculum underpins the further development and design of the National Senior Certificate, the National Certificate Vocational, the National Senior Certificate for Adults and all other National Qualification Framework Level 4 exit requirements. Its underlying principles include a commitment to meeting the needs of the economy; lifelong learning; equity and inclusivity; and learning validation practices and procedures that are credible and fair. In terms of the new policy, articulation will be programmatic rather than institutional; by design rather than default; and will respect informal learning. Source: Legalbrief, 16 January 2017 CHANCE TO HAVE YOUR SAY ON QUALIFICATION LIARS A draft policy on the misrepresentation of qualifications and a public database listing those who have lied on their CVs is available for public comment. Die Burger reports that the policy defines what a false qualification is and how individuals who make false representations should be dealt with. Several top officials and politicians such as Hlaudi Motsoeneng, Ellen Tshabalala and Pallo Jordan have been publicly shamed in recent years. The final policy will also shape the Bill to be drafted on qualifications and an accompanying public register of fraudsters and non-accredited educational service providers. Comment should be forwarded to the SA Qualification Authority for the attention of Nireen Naidoo by e- mailing nnaidoo@saqa.org.za Source: Legalbrief, 10 January 2017

2 2 IMPLEMENTATION OF UIF AMENDMENT ACT IMMINENT? The Department of Labour is ready to implement the Unemployment Insurance Amendment Act, which was signed by President Jacob Zuma. This is according to an SABC News video clip published, in which Labour Minister Mildred Oliphant spelled out the practical implications of the new statute s provisions, notes Pam Saxby for Legalbrief Policy Watch. Once in force, the Unemployment Insurance Amendment Act will allow the fund to be used to finance the retention of contributors in employment, the re-entry of contributors into the labour market, and any other scheme aimed at vulnerable workers. Maternity benefits will be significantly improved. The Cosatu statement highlights some of the Act s more progressive clauses that will: cover workers who lose working hours because of reduced time at their places of work; allow the family and/or nominated beneficiary of a deceased claimant to receive his/her benefits; prohibit fees being charged by any party to a UIF claimant; and allow the Minister to make regulations for domestic workers and employees of small businesses and enterprises to ensure that they are covered. Source: Legalbrief, 17 January 2017 EXPROPRIATION BILL S ENACTMENT IMMINENT? Land reform and redistribution will be pursued with greater speed and urgency this year, utilising the yet-to-bepromulgated Expropriation Bill. President Jacob Zuma gave this undertaking in his party s 8 January 2017 anniversary statement referring to the Bill as the Expropriation of Land Act and noting the constitutional prescripts underpinning its provisions, reports Pam Saxby for Legalbrief Policy Watch. It is vitally important that we carefully plan the utilisation of land in urban areas and rural communities, the President said, warning that haphazard land grabs serve only to undermine this process. It is apparently against that background that the ANC expects government to return the land to the people. Passed by Parliament last May, the Bill has been described by Public Works Deputy Minister Jeremy Cronin as a uniform, consistent framework for expropriation based on administrative justice (Fin24). Once in force, it is expected to outlaw arbitrariness on the part of government by striking an appropriate balance between the rule of law and property rights on the one hand and huge inequality on the other. Speaking at a property conference in Stellenbosch, the Deputy Minister nevertheless conceded at the time that consultations on the Bill in the provincial legislatures may have been a bit hurried. With that in mind, he alluded to the possibility that the proposed new statute might need to be sent back to the NCOP just to be sure. Given Zuma s reference to an enacted Bill, this now seems unlikely. Source: Legalbrief, 09 January 2017 PRACTICAL RE-TESTING FOR DRIVING LICENCE RENEWALS Driving licence renewal applicants could soon be required to undergo practical re-testing to ensure that they are fit to drive the class of vehicle concerned, according to Transport Minister Dipuo Peters. This tends to suggest that amendments to the national road traffic regulations released in draft form during May 2015 for comment are ready to be gazetted for implementation. Speaking at a recent Soshanguve East Secondary School event in Gauteng, the Minister said that, while applicants will be expected to demonstrate their driving ability, they will not be required to rewrite the test, reports Pam Saxby for Legalbrief Policy Watch. Other provisions in the new regulations will restrict the use of bakkies, vans and trucks for human transport, limiting to five the number of employees travelling to work at the back of a goods vehicle. Amendments to regulations on the use of goods vehicles for transporting school children were included in a Government Gazette notice published last November. Headed school children and persons not to be conveyed in goods compartment of a motor vehicle for reward, the amendment is scheduled to become effective in May this year along with one prohibiting the use of these vehicles as taxis, unless permission has been granted in terms of the National Land and Transport Act. Once in force, the new regulations still to be gazetted will apparently also reduce speed limits to 40km an hour on public roads in residential areas; and, outside urban areas, to 80 km an hour on all public roads other than freeways. A speed limit of 120km an hour will apply to all freeways, reduced to 100km an hour when they pass through residential areas. Source: Legalbrief, 19 January 2017

3 3 PENSION FUND SECURITIES LENDING CONDITIONS MOOTED Draft regulations on the conditions in terms of which a pension fund may engage in a securities lending transaction as a lender were released for comment, notes Pam Saxby for Legalbrief Policy Watch. Once in force, among other things they will prescribe the types of securities qualifying for such transactions; spell out the contractual obligations entailed; place limits on transactions involving each securities category; and prescribe related collateral requirements. Where a counterparty is involved, limits are also imposed along with qualifying criteria that include a mandatory due diligence assessment of credit rating and risk. In addition, the draft regulations place obligations on a pension fund when appointing an agent to engage in a securities lending transaction on its behalf; and delegating the administrative responsibilities entailed. Other proposals include: continuous monitoring; an annual securities lending policy review; the disclosure of securities lending transactions as assets in annual financial statements; and an unqualified right of recall. At this stage, no deadline for comment has been set. Source: Legalbrief, 12 January 2017 RECOMMENDED READING The Prescription of Arbitration Awards, by Deirdre Venter of Webber Wentzel, January 2017 Does an employee in the public sector have the right to request reasons following an unsuccessful application for employment?, by Gavin Stansfield of Cliffe Dekker Hofmeyr's, January 2017 What You Should Know Before Monitoring Employees s by Rosalind Davey and Rovina Asray of Bowmans, January 2017 RECENT CONSTITUTIONAL COURT JUDGMENT EKURHULENI METROPOLITAN MUNICIPALITY v GERMISTON MUNICIPAL RETIREMENT FUND (CCT226/15) [2017] ZACC 1 (17 JANUARY 2017) Pension fund rule Jurisdiction Reconsideration of interpretation of the pension fund rule based on new evidence Can a municipality s constitutional obligations override its liability in terms of the rule Enforcement of the rule Whether it offends public policy Whether a Pension Fund Board has a duty of good faith toward the Municipality (employer) No rigid adherence to the requirements of res iudicata. Source: OTHER RECENT COURT JUDGMENTS INDUSTRIES TAKE ON ESKOM OVER POWER CUTS Eight major industries in Brits, including Bridgestone SA, have obtained an undertaking from Eskom not to cut the electricity supply to the Madibeng municipality until 26 January A report in The Citizen notes that the companies launched an urgent application in the Gauteng High Court (Pretoria) for an interim interdict after Eskom gave notice that it intended drastically reducing Madibeng s electricity supply, starting today (18 January 2017). The companies also gave notice that they intended launching a review application to have Eskom s decision set aside. Bridgestone s human resources manager, Gerrit Greyling, said in court papers Eskom s planned interruption of the electricity supply to Madibeng would be disastrous for large-scale industrial businesses, for which a constant supply was vital, and for the economy of Madibeng. The decision was taken despite Madibeng apparently paying Eskom R104m to settle outstanding debts and the acting municipal manager assuring the industries that the debt had been settled and that an agreement

4 4 had been reached with Eskom. Greyling described Eskom s approach as harsh, draconian, irrational and capricious, adding that the entire process had been a rushed and opaque affair that was deliberately planned to mislead the applicants into believing that the entire matter had been resolved. Source: Legalbrief, 18 January 2017 COURT ORDERS EVICTION OF TENANT WHO DIDN'T PAY The Gauteng High Court (Pretoria) has ordered the eviction of a Pretoria businessman who defaulted on his rent and even charged overtime for fixing a water pipe in the house he was renting. Tenant George Webb had been skipping rental payments since taking occupancy of Nomlamali Mahanjana's five-bedroom house in June 2015 claiming this money for repairs he had done on the house. According to a TimesLIVE report, Mahanjana said Webb now owes her more than R in rent. In court papers, Webb claimed he set-off amounts from the R due to Mahanjana monthly in respect of multiple repairs she permitted him to do including electrical repairs to a gate motor and upgrades to the pool. Mahanjana denied she authorised any repairs however and claimed she has no evidence that the repairs were in fact done or necessary. Source: Legalbrief, 16 January 2017 JUDGES TACKLE CONTINGENCY FEE 'ROT' As reported by Carmel Rickard in her A Matter of Justice column delivered to Legalbrief readers yesterday, judges in the Eastern Cape are so fed up with lawyers ripping off their clients that they have set up a committee to stop the rot. The story was picked up by BusinessLIVE which notes the decision emerges from a judgment in a case involving an East London attorney who signed a contingency agreement with a man who was seriously injured when a bakkie mowed him down in After calling the conduct of Bulelani Rubushe unscrupulous rapacious and unconscionable Judge Clive Plasket said: Unfortunately in this jurisdiction this is a problem that is all too common. He added: In Grahamstown a local costs consultant has been so alarmed by the abuses he has come across in the course of his work that he wrote a detailed memorandum to the judges of the Eastern Cape division. This is what led to the judges committee which will look into what Plasket called a manifestation of endemic corruption embedded in the attorneys profession. If the contingency agreement Rubushe signed with Zama Mfengwana had been allowed to stand the lawyer would have collected 25% of the R the accident victim was awarded from the Road Accident Fund. Plasket scrapped the agreement saying it contravened the Contingency Fees Act amounted to overreaching on an outrageous scale and was cause for very serious concern. Source: Legalbrief, 12 January 2017 SIBLINGS LOSE HOME TO STEPMOTHER Six siblings have lost their High Court bid to hang on to their onetime family home and have their stepmother s sale of the south Durban property set aside. The Mercury reports the siblings and one of their wives approached the courts last year, seeking to have the sale deemed unlawful and wrongful. They wanted the property declared part of their parents matrimonial property. Both their stepmother and the new homeowners opposed their application, with the stepmother claiming she was at the time of the sale of the property the rightful owner and, as such, entitled to sell it. The new owners said they had purchased the property in good faith and believed they were entitled to ownership of it. In her judgment, handed down in the KZN High Court (Durban) last week, Judge Esther Steyn said that when the siblings father and his second wife married, they also did so in community of property and she became co-owner of all the assets he brought into their estate, including the property. Steyn said that in terms of the Intestate Succession Act, his children were not entitled to inherit anything. She said they had ignored the operation of the Act, which was the legal basis for their stepmother s right of ownership, coupled with her marriage. The case was dismissed with costs. Source: Legalbrief, 16 January 2017 CAPE TOWN PLANNERS SLAMMED FOR 'OBJECTIONABLE' BUILDING Cape Town planners have been sent back to the drawing board in a five-year battle over the addition of four floors to a city centre building, says a TimesLIVE report. In a Western Cape High Court judgment on Friday Judge Ashley Binns- Ward was scathing about the decision by the council s former head of building development management Peter Henshall-Howard to give the go-ahead for development of the Oracle in Buitenkant Street. The body corporate of the neighbouring building Four Seasons successfully applied for a judicial review of the council decision after obtaining an urgent interdict to halt work in In his review ruling Binns-Ward ordered the council to reconsider the planning application by the Oracle s owners the Simcha Trust and to ensure that neither Henshall-Howard nor the staff member

5 5 who drew up the report recommending approval were involved. The Four Seasons body corporate complained that the Oracle extension which has remained incomplete since the interdict was granted had the effect of turning eighth-floor balconies into courtyards confined between towering walls. For apartments on the 9th and 10th floors it meant that their view was replaced by a blank wall only three metres from their windows. Binns-Ward said the case was not about the loss of a view or about the appearance of the Oracle building. It was about something so exceptionally intrusive and objectionable that it would not reasonably have been foreseen by anyone buying a Four Seasons flat. Source: Legalbrief, 16 January 2017 DRUNK DRIVING JUDGE'S TRIBUNAL CHALLENGE THROWN OUT Judge Nkola Motata, convicted of drunk driving in 2009, has failed in his latest bid to have the Judicial Conduct Committee (JCC) and tribunal that was established to investigate him declared unconstitutional. Judge Dhaya Pillay, of the Gauteng High Court (Pretoria), dismissed Motata s application with costs. A report on the IoL site notes Motata had sought to have the establishment of the JCC and the subsequent Judicial Conduct Tribunal declared unconstitutional. They were formed after complaints were lodged by civic rights organisation AfriForum and an advocate in terms of the Judicial Services Commission Act. Motata s troubles arise from an incident in 2007 when he allegedly used racist language against the white home-owner after he had crashed his car into the house s perimeter wall. In her judgment, Pillay wrote: Not once has the applicant (Motata) said that he is committed to accounting for his conduct that resulted in his conviction and sentence for driving a motor vehicle under the influence of alcohol. Pillay continued: The seriousness of the complaint, the conviction and sentence being admitted facts, and the implications for the image and dignity of the judiciary, should leave the applicant in no doubt about his duty to account for his conduct. Why has he not done so? She noted that Motata had never said on any occasion that his application was made in ensuring that the rule of law was enforced. Dhaya said that Motata had also failed to show how the establishment of a tribunal would prejudice him. She questioned his delay in challenging the establishment of the tribunal and the JCC. Dhaya also noted that for the 16 years, which Motata had been a Judge, only five had been as an active judge. It was not immediately known if Motata would be appealing Pillay s ruling, adds the report. Source: Legalbrief, 9 January 2017 COURT PUTS BEE FISHING RIGHTS ON HOLD The allocation of new fishing rights that were skewed in favour of new black entrants has been placed on hold following a successful interdict by established commercial fisher Viking Fishing, says a Business Day report. The allocation for inshore hake trawl fishing which the report says is one of the most sought-after quotas was awarded on 21 December, with 12 of the 27 rights given to new entrants. The rights are allocated for a period of 15 years. Established commercial fishing companies, such as Viking and I&J, stand to lose substantial volumes in the new allocation. Viking Fishing was granted the interdict by the Western Cape High Court. The interim ruling means no one landing or discharging in Mossel Bay or Port Elizabeth may catch hake using small trawlers until 6 February. The interdict serves to delay the new allocation, which would have come into full effect from 1 January. The Department of Agriculture, Forestry and Fisheries is considering taking the ruling on review (see report below). The rights allocation quota was revised to allow more newcomers, particularly black-owned firms, into the sector. Source: Legalbrief, 9 January 2017 COURT UNABLE TO GRANT DROUGHT-HIT WOMAN SAVINGS RELIEF The human impact of the drought has been revealed in a judgment from the Free State High Court (Bloemfontein), notes a TimesLIVE report. Gertrude Bohloko (52) applied for an order forcing Liberty Group to release part of her R1.7m pension savings or give her a loan. She produces and sells farm products to meet her financial obligations said Judge Celeste Reinders. Due to the negative impact of the ongoing drought she has been unable to attend to the payment of her mortgage bond with Absa Bank two life policies with Liberty and her medical aid premiums. Liberty refused to allow her to withdraw some of her pension savings because Bohloko had already made use of the single withdrawal the scheme s rules allowed before the age of 55. Reinders said she could not help Bohloko. Even though I have heartfelt sympathy for her financial predicament I am not at liberty to interfere in the contractual relationship she said. Source: Legalbrief, 12 January 2017

6 6 JUDGE RULES RESTRAINT OF TRADE POLICY TOO BROAD Believing that junior hairstylist Joseph Vinciguerra (21) had breached a restraint of trade agreement Carlton Hair International went to the Labour Court in Johannesburg asking for an urgent interdict to stop him working within 10km of its Hyde Park store for a year. But, says a TimesLIVE report, Judge Hilary Rabkin-Naicker sent the salon group packing saying it was unreasonable and against public policy to be so heavy-handed with a junior employee who qualified only six months earlier. It is a common feature of Carlton s business model that customers return every six to eight weeks... to the particular stylist with whom they have a established a personal relationship of trust and who knows and understands their unique needs and desired results Carlton argued. But Rabkin-Naicker said Carlton s one size fits all restraint of trade document covering all stylists from junior to senior was problematic and Vinciguerra s client base was negligible. Source: Legalbrief, 19 January 2017 GUARDS DISMISSED DESPITE COURT WIN After successfully overturning an interdict at the Labour Court, 143 guards working for Securitas SA have been dismissed after an internal disciplinary process, says a Cape Times report. The charges against them related to protests and shutdown action at the University of the Western Cape last year. Last week the workers won their case as the court ruled that the authority lay with the university not the outsourced company, said General Industries Workers Union of SA representative Michael Helu. Helu said the union would approach the CCMA and believes internal disciplinary hearings were an attempt by contractors to act against workers involved in the fight to end outsourcing. Source: Legalbrief, 18 January 2017 DAMELIN MANAGER UNFAIRLY DISMISSED The Johannesburg Labour Court has ruled Steve Parkinson, general manager of Damelin s Boksburg campus, who was fired in 2012 for missing sales targets, had been unfairly dismissed, according to a Sunday Times report. In his ruling, which exposed the massive pressure managers at one of SA s biggest private education companies are under to enrol new students, Judge Adolph Landman quoted from some of the letters Parkinson was sent by executives in the run-up to his dismissal. Nolan Charles, then chief commercial officer of the Educor group Damelin s owner told Parkinson in November 2011 that pre-enrolments for 2012 were behind the target. This situation is unacceptable and cannot continue, he wrote. What do you expect me to tell the CEO and chairman of Educor? They are not accepting any of my excuses on your behalf. You are letting me, yourself and your team down. Charles informed Parkinson that if he did not increase pre-enrolments by 30% within two weeks, all your annual leave will be cancelled for November/December/January and he would be given notice that we intend to dismiss you. Parkinson missed his target and was fired after being charged with poor work performance. The CCMA confirmed his dismissal, but the Labour Court ordered his reinstatement, saying Damelin had violated its disciplinary procedure. Landman said that Charles letter was an unacceptable approach. He ordered Parkinson s reinstatement. Source: Legalbrief, 16 January 2017 RULING SETS UP PAYOUT OF BILLIONS TO NURSES The KZN Department of Health could be forced to pay out billions following a court ruling which ordered that nurses who work in rural areas be given allowances. However, the department said it would appeal. The Mercury reports the ruling by Durban Labour Court Judge Hamilton Cele followed an appeal by the department against a decision regarding an arbitration award in favour of the nurses. In his ruling, Cele dismissed the appeal and said he could not find fault with the decision of the commissioner who had made the arbitration award. The report adds while the judgment does not refer to it, on top of the department now being liable for the current monthly rural allowance, it could also be forced to give the affected nurses backpay for the allowance they ought to have received from 2003 when the scarce-skills agreement, meant to attract and retain skills, was first signed. The report notes an estimated nurses are said to be affected by the ruling but the number could be much higher. Source: Legalbrief, 10 January 2017 FATHER LOSES JOB FOLLOWING SCHOOL UNIFORM FRAUD A school uniform has cost a father the job he held for 15 years, says a report in The Herald. Simon Ramapuputla a shop steward at safety equipment supplier G Fox & Co, which is owned by Bidserv Industrial Products colluded with his child s school to submit an inflated quote for the uniform a court in Johannesburg has found. Instead of claiming

7 7 R627 Ramapuputla asked the company s skills equity committee of which he was a member for R Ramapuputla was fired for dishonesty and approached the CCMA which said dismissal was too harsh in light of the employee s clean record. Bidserv appealed and Judge Violet Phatshoane found in the company s favour last week in the Labour Appeal Court. The judge was critical of Ramapuputla and the deputy principal of the school saying the contradictions and obfuscations apparent in their evidence were significant. The probabilities are overwhelming against Ramapuputla that he knowingly in collaboration with his cohorts at the school submitted a false quotation. Source: Legalbrief, 16 January 2017 SOUTH AFRICAN LAW REPORTS JANUARY 2017 GEES v PROVINCIAL MINISTER OF CULTURAL AFFAIRS AND SPORT, WESTERN CAPE AND OTHERS 2017 (1) SA 1 (SCA) National monuments Buildings of historical interest Alteration or demolition Building older than 60 years No formal heritage status Heritage authority granting demolition permit on condition that new development in harmony with existing building s (i) town-planning envelope and (ii) façade Conditions lawfully imposed National Heritage Resources Act 25 of 1999, s 34(1) and s 48(2). GERSTLE AND OTHERS v CAPE TOWN CITY AND OTHERS 2017 (1) SA 11 (WCC) Local authority Buildings Building plans Approval Properties for which plans submitted located in group housing scheme Putting plans into effect would obscure view of other owners Whether plans complying with zoning scheme regulations Group housing defined in amended Cape Townships Ordinance 33 of 1934 as inter alia a group of dwellings planned, designed and built as a harmonious architectural entity Whether plans negatively affecting harmonious architectural entity National Building Regulations and Building Standards Act 103 of 1977, s 7(1)(a); Cape Townships Ordinance 33 of NYK ISABEL & NORTHERN ENDEAVOUR SHIPPING PTE LTD v OWNERS OF NYK ISABEL AND ANOTHER 2017 (1) SA 25 (SCA) Shipping Admiralty law Maritime claim Enforcement Arrest Associated-ship arrest Guilty ship subject to charterparty Deemed ownership of charterer Charterer including slot-charterer Admiralty Jurisdiction Regulation Act 105 of 1983, s 3(7)(c). Shipping Admiralty law Security Security for counterclaim Court having wide discretion to order But applicant must first establish (i) prima facie existence of counterclaim and (ii) genuine and reasonable need for security Owner of arrested ship applying for countersecurity in respect of claim reinforced by judgment in foreign court Both parties peregrini but respondent having subjected itself to jurisdiction of court Court exercising discretion in favour of owner and ordering arresting party to providecountersecurity for foreign judgment Admiralty Jurisdiction Regulation Act 105 of 1983, s 5(2)(b) and (c). THOMANI AND ANOTHER v SEBOKA NO AND OTHERS 2017 (1) SA 51 (GP) Mortgage Mortgage bond Interpretation Bank and mortgagor concluding mortgage bond to secure sum owed under home loan Whether bond securing sum owed by mortgagor to bank under suretyship agreement. Suretyship Liability Whether, while principal debtor company is deregistered, its surety may be sued. BUSUKU v ROAD ACCIDENT FUND 2017 (1) SA 71 (ECM) Motor vehicle accident Compensation Claim against Road Accident Fund Claim form Sufficiency of information furnished in claim from Medical report left blank Tantamount to no medical report having been submitted Not possible to substitute with hospital notes Issue of substantial compliance only arising in regard to content of form and not in its absence Submission of blank medical report on form RAF 1 having no legal effect, resulting in prescription of claim Road Accident Fund Act 56 of 1996, s 24(1)(a) read with reg 7.

8 8 ABSA BANK LTD v EXPECTRA 423 (PTY) LTD AND OTHERS 2017 (1) SA 81 (WCC) Practice Judgments and orders Summary judgment Deferral Court clarifying and approving principle that summary judgment may not be deferred by delivery of notice to produce documents or tape recordings in terms of rule 35(12) and (14) Uniform Rules of Court, rule 35(12) and (14). Suretyship Surety Discharge of Prejudice to surety In application for summary judgment against sureties, defence raised that creditor delaying in acting against principal debtor, causing prejudice to sureties Whether conduct of creditor together with surrounding circumstances justifying sureties release from suretyships No reliance placed upon any breach by creditor of any terms of underlying agreements Sureties arguing that creditor s conduct so unreasonable that not falling within terms of loan agreement or deed of suretyship Position unsustainable in law Impermissibly seeking to create exception to general rule that no general prejudice principle existing in our law. KT v MR 2017 (1) SA 97 (GP) Marriage Divorce Proprietary rights Forfeiture of patrimonial benefits of marriage Undue benefit Parties married in community of property Where consideration of circumstances leading to breakdown of marriage and presence of substantial misconduct not decisive of whether benefit undue Consideration of fault-neutral factor such as duration of marriage should be based on considerations of proportionality The longer the marriage, the more likely that benefit would be due and proportionate Conversely, the shorter the marriage, the more likely benefit would be undue and disproportionate Not, however, translating into rigid and mechanical exercise, as court enjoined to make value judgment Divorce Act 70 of 1979, s 9(1). MEC FOR HEALTH, GAUTENG v LUSHABA 2017 (1) SA 106 (CC) Court Judicial authority vesting in courts Medical negligence case instituted against Gauteng MEC for Health Court issued rule nisi calling upon MEC to show cause why he should not be held liable for costs de bonis propriis in his personal capacity; alternatively, to indicate those officials in offices of Department and State Attorney who should be held liable One cannot be judge in own matter Court not competent to authorise party to litigation before it to exercise judicial authority Constitution, s 165. Constitutional law Human rights Right of access to courts Right to fair hearing In medical negligence case instituted against Gauteng MEC for Health, costs order holding liable in their personal capacities officials in health department and State Attorney s office Officials punished without notice and without having been given any opportunity to make representations Violation of officials right to fair hearing Constitution, s 34. COMMISSIONER, SOUTH AFRICAN REVENUE SERVICE v MARSHALL NO AND OTHERS 2017 (1) SA 114 (SCA) Revenue Value-added tax Zero rating In terms of s 11(2)(n) of VAT Act on payments for services deemed under s 8(5) to have been made by designated entity to public authority or municipality Section 8(5) only applicable where no link between actual supplies made and payments received Actual supplies not qualifying for zero rating under s 11(2)(n) Value-Added Tax Act 89 of 1991, ss 8(5) and 11(2)(n). WILE AND ANOTHER v MEC, DEPARTMENT OF PUBLIC WORKS, GAUTENG AND OTHERS 2017 (1) SA 125 (WCC) Provisional sentence On foreign judgment Use of provisional-sentence procedure ruled inappropriate but foreign court s judgment nevertheless recognised in interests of justice. Practice Judgments and orders Foreign judgment Recognition Plaintiff seeking order directing state to give effect to name change resulting from foreign adult-adoption order Limited relief sought not offending public policy and granted in interests of justice Court making order recognising foreign judgment and authorising plaintiff to use order in support of name-change application. DANIELSON v HUMAN AND ANOTHER 2017 (1) SA 141 (WCC) Practice Judgments and orders Foreign judgment Enforcement Dispute concerning licensing of battery technology resulting in American civil judgment of treble damages Whether Act or public policy precluding recognition and enforcement of judgment Protection of Businesses Act 99 of 1978, ss 1(1) and 1(3).

9 9 MNYANDU v PADAYACHI 2017 (1) SA 151 (KZP) Harassment Nature of Whether single act may constitute Protection from Harassment Act 17 of 2011, s 1. BLUE NIGHTINGALE TRADING 397 (PTY) LTD T/A SIYENZA GROUP v AMATHOLE DISTRICT MUNICIPALITY 2017 (1) SA 172 (ECG) Local authority Municipality Procurement Of services under contract secured by other organ of state Exemption from compliance with statutory provisions regulating procurement Only (i) if goods or services procured by municipality same as those required by other organ of state and at same contract price; and (ii) if contract for procurement concluded between municipality and other organ of state Local Government: Municipal Finance Management Act 56 of 2003, s 110(2), and regulations in terms of s 168, reg 32(1). STANDARD BANK OF SOUTH AFRICA LTD v MIRACLE MILE INVESTMENTS 67 (PTY) LTD AND ANOTHER 2017 (1) SA 185 (SCA) Prescription Extinctive prescription Commencement Amount claimable under acceleration clause Loan, to be repaid in instalments, and containing provision that full amount could be claimed on fulfilment of certain conditions, including default on an instalment, and notice of election to claim full amount Whether prescription on full amount started to run on default, or election Prescription Act 68 of 1969, s 12(1). W v H 2017 (1) SA 196 (WCC) Contract Legality Contracts contrary to public policy Specific instances Clause in antenuptial contract constituting unilateral waiver by wife of right to claim maintenance should marriage be dissolved, regardless of conduct of parties Clause offending against core constitutional values upon which public policy grounded. Marriage Divorce Maintenance Unilateral waiver prior to time of divorce Legality Clause in antenuptial contract constituting unilateral waiver by wife of right to claim maintenance should marriage be dissolved, regardless of conduct of parties Clause contrary to public policy. URAMIN (INCORPORATED IN BRITISH COLUMBIA) T/A AREVA RESOURCES SOUTHERN AFRICA v PERIE 2017 (1) SA 236 (GJ) Evidence Witness Giving of evidence via video link Procedure for. BARNARD NO v ROAD ACCIDENT FUND 2017 (1) SA 245 (ECP) Motor vehicle accident Compensation Claim against Road Accident Fund Undertaking in terms of s 17(4)(a) of RAF Act Rendering of service or supplying of goods Whether restricted to health-related services Court considering purpose behind section, as well as manner in which it, as well as predecessors, had been interpreted Wording of section wide enough to cover non-health-related services or goods, such as services of domestic assistant and/or costs of curator bonis appointed to administer estate of claimant Road Accident Fund Act 56 of 1996, ss 17(4)(a) and 17(4B)(a). ABSA BANK LTD v MOORE AND ANOTHER 2017 (1) SA 255 (CC) Debtor and creditor Discharge of debt Payment by third party acting in furtherance of fraudulent scheme Payment effective to discharge debt even if made in fraud of creditor and with funds provided by it. Land Transfer Fraud inducing transfer Ambit of maxim fraud unravels all Effect on cancellation of mortgage bond Whether bank entitled to reinstatement of bond Court will not write new contract for parties. Mortgage Mortgage bond Cancellation Mortgagee bank cancelling bond after mortgage debt paid by third party in furtherance of fraudulent scheme Whether bank entitled to reinstatement of bond. Payment What constitutes Payment by third party may discharge debt even if payment made in furtherance of fraudulent scheme.

10 10 MAKHWELO v MINISTER OF SAFETY AND SECURITY 2017 (1) SA 274 (GJ) State Actions by or against Actions against Notice To be served within six months of debt sued on becoming due Unlawful arrest and detention When debt due Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002, s 3(2). BALISO v FIRSTRAND BANK LTD T/A WESBANK 2017 (1) SA 292 (CC) Credit agreement Consumer credit agreement Debt enforcement Preliminary procedures Instalment agreement Surrender of goods Notices credit provider required to send to consumer Notice of estimated value of goods surrendered under instalment sale agreement Method of delivery Majority acknowledging merits of requiring registered mail but not deciding issue; minority deciding registered mail required National Credit Act 34 of 2005, s 127(2). Credit agreement Consumer credit agreement Debt enforcement Preliminary procedures Instalment agreement Surrender of goods Notices credit provider required to send consumer Notice of estimated value of goods surrendered under instalment sale agreement Proof of delivery Probable receipt by reasonable consumer required In opposed matters this determined by way of evidence at trial National Credit Act 34 of 2005, ss 127(2), 130(3)(a). EDWARDS v FIRSTRAND BANK LTD T/A WESBANK 2017 (1) SA 316 (SCA) Credit agreement Consumer credit agreement Debt enforcement Preliminary procedures Instalment agreement Surrender of goods Notices credit provider required to send to consumer Notice requirements only applicable where surrender voluntary, not if consumer in default, or instalment agreement cancelled or goods attached National Credit Act 34 of 2005, ss 127(2), 127(5) and 131. Credit agreement Consumer credit agreement Debt enforcement Preliminary procedures Instalment agreement Surrender of goods Notices credit provider required to send to consumer Method of delivery May be advisable to send by registered mail but not required Adequate proof of delivery What constitutes National Credit Act 34 of 2005, ss 127(2), 127(5). Source: SOUTH AFRICAN CRIMINAL LAW REPORTS JANUARY 2017 S v OKAH 2017 (1) SACR 1 (SCA) Jurisdiction Extraterritorial jurisdiction Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 Whether activities outside of South Africa covered by offence created in s 15(1) of Act. S v Prins 2017 (1) SACR 20 (WCC) Sexual offences Unlawful intercourse with person unable to appreciate consequences of sexual intercourse by virtue of mental disability Proof of Expert evidence by psychologist and nature of victim s testimony establishing mental disability as envisaged by s 1 of Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of S vmaliswane AND ANOTHER 2017 (1) SACR 26 (ECG) Sentence Factors to be taken into account Where convicted person primary caregiver of minor child Imperative that investigation be undertaken into fate of child before sentence of primary caregiver to incarceration. S v RAMDASS 2017 (1) SACR 30 (KZD) General principles of liability Criminal capacity Sane automatism Amnesia Induced by alcohol and drugs Proof of Accused, described as humble and gentle person, having killed woman he was intending to marry Accused appearing confused on following morning and unaware of what he had done Accused acquitted. General principles of liability Criminal capacity Sane automatism Amnesia Induced by alcohol and drugs Competent verdict Contravention of s 1(1) of Criminal Law Amendment Act 1 of 1988 Difficulties with convicting accused of statutory offence in certain circumstances unable to be solved without legislative intervention.

11 11 MSIZA AND OTHERS v MSIZA 2017 (1) SACR 42 (NWM) Contempt of court What constitutes Failure of police to render assistance with execution of civil order of High Court Order providing that assistance had to be given by police if requested by sheriff No request made by sheriff in instant case Contempt of court not proven. GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA v JIBA AND OTHERS 2017 (1) SACR 47 (GP) Legal practitioners Advocate Removal from roll On ground that advocate not fit and proper person to remain on roll of advocates Advocates in National Prosecuting Authority Found to have failed to comply with rules of court in filing record in application for review of decision to discontinue prosecution and reasons given therefor unreasonable, unwarranted and in bad faith Also found to have acted contrary to oath taken as advocates and having brought prosecuting authority into disrepute Further findings made that evidence in disciplinary hearing of prosecutor was dishonestly given, as also statements in answering affidavits Court finding that advocates in question not fit and proper persons to remain on roll of advocates Ordered that their names be struck off roll of advocates Admission of Advocates Act 74 of 1964, s 7(1)(d). Legal practitioners When fit and proper person for legal profession Appropriate legal training may improve qualities required for profession Qualities lawyers should possess are integrity, dignity of self and of court, possession of legal knowledge and technical skills, capacity for hard work, respect for legal order, and sense of equality and fairness. Legal practitioners Advocate Removal from roll On ground that advocate not fit and proper person to remain on roll of advocates Test for consisting of three-stage enquiry First, court to decide whether conduct complained of established on preponderance of probabilities Secondly, court to consider whether in its discretion person concerned not fit and proper person to continue in practice Thirdly, court to consider whether in circumstances person concerned should be removed from roll or whether suspension from practice would suffice Last-mentioned decision one for discretion of court In deciding what course to follow, court not imposing penalty, but acting in protection of public Admission of Advocates Act 74 of 1964, s 7(1)(d). Prosecution National Director of Public Prosecutions and Deputy Removal or suspension Distinct difference between removal or suspension of such officers under s 12 of National Prosecuting Authority Act 32 of 1998 (NPA Act) and removal from roll of advocates under s 7 of Admission of Advocates Act 74 of 1964 Removal or suspension under NPA Act not necessarily meaning that such person automatically removed from roll of advocates For latter, process under s 7 of Admission of Advocates Act to be followed But National Director or Deputy who is removed from roll of advocates cannot continue in that office because of provisions of s 9 of NPA Act Processes under two Acts can, however, run parallel to each other Any choice of two processes not rendering process unfair. Prosecution National Director of Public Prosecutions and Deputy Power to institute criminal proceedings on behalf of state Also has power to carry out functions incidental to institution of criminal proceedings Exercise of such power to be done in accordance with rule of law and Constitution Failure to do so would be in conflict with Constitution and national legislation (National Prosecuting Authority Act 32 of 1998) Failure to prosecute in face of prima facie evidence would offend against law and Constitution Constitution, 1996, s 179(1) and (2). Source: PROCLAMATIONS AND NOTICES AGRICULTURAL PRODUCT STANDARDS ACT 119 OF 1990 Appointment of assignees for the purpose of ss. 3 (1) (a) and (b), 3A (1), 4A (1) (a), 7 and 8 of the Act with regard to regulated agricultural products destined for sale in the local market published with effect from 9 December 2016 Standards and requirements regarding control of the export of cherries amended with effect from seven days after publication LEAF Services (LEAF): Proposed Inspection Fees published for comment GG ( ) GG ( ) GG ( )

12 12 COMPETITION ACT 89 OF 1998 Competition Tribunal: Notifications of decisions to approve mergers published GG ( ) PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000 Notice of publication for comment of draft Code of Good Administrative Conduct published GG ( ) NATIONAL QUALIFICATIONS FRAMEWORK ACT 67 OF 2008 Articulation Policy for the Post-School Education and Training System of South Africa published GG ( ) PROVINCIAL LEGISLATION Eastern Cape Repeal of Local Government and Traditional Affairs Laws Act Free State Date of commencement: 26 December 2016 Repeals: ss. 1, 2 (7)bis, 2 (7)ter and 8 of the Black Administration Act 38 of 1927 [in so far as it has been assigned to the Province]; Black Authorities Act 68 of 1951 [in so far as it has been assigned to the Province]; s. 44 of the Transkei Authorities Act 4 of 1965; Administration Amendment Act (Transkei) 25 of 1976; s. 57 of the Black Communities Development Act 4 of 1984 [in so far as it has been assigned to the Province]; Municipalities Act (Ciskei) 17 of 1987, excluding chapters 11 and 12 [in so far as it has been assigned to the Province]; Customary Law Amendment Decree (Ciskei) 23 of 1991; s. 1 of the Local Government Affairs Second Amendment Act 117 of 1993 [in so far as it has been assigned to the Province]; Local Government Transition Act and Regulations 209 of 1993; Determination of Types of Municipality 5 of 2000; House of Traditional Leaders Amendment Act (Eastern Cape) 9 of 2001; East London Chamber of Commerce Amendment Private Ordinance 8 of 1913; Cremation Ordinance 6 of 1926; Local Authorities (Investment of Funds) Ordinance 23 of 1935; Valuation Ordinance 26 of 1944; Prescription (Local Authorities) Ordinance 16 of 1964; Delegation of Powers Ordinance 13 of 1965; Divisional Councils Ordinance 18 of 1976; Recovery of Payments by Statutory Bodies Ordinance 15 of 1977; Dog Tax Ordinance 19 of 1978; Property Valuation Ordinance, 1993; Commununity Services in Black Areas Regulations, 1967; Sanitary Regulations in Rural Black Areas Proclamation R269 of 1968; Regulations for the Disposal of State Land in Towns Proclamation R402 of 1988; Rural Government Enactments Amendment Enactment Proclamation R13 of 1996; Endorsement of Title Deeds in favour of a Traditional Local Council or a Metropolitan Council Proclamation R9 of 1995 PG 3781 ( ) Local Government: Municipal Systems Act 32 of 2000 Mohokare Local Municipality: Adoption of Standard Bylaws: Notice of adoption of Standard By-laws: By-law relating to Standing Rules and Orders, 2016 as published under PN 223 in PG 69 of 23 September 2016 published PG 101 ( )

13 13 Kwazulu-Natal Local Government: Municipal Structures Act 117 of 1998 umgungundlovu District Municipality: Proposed notice to designate 7 additional Executive Committee members, the Whip and Chairperson of the Municipal Public Accounts Committee as full-time councillors published for comment Mtubatuba Local Municipality: Notice to designate, in addition to the Speaker, Mayor and Deputy Mayor; the Whip and Chairperson of the Municipal Public Accounts Committee as full-time councillors published Inkosi Langalibalele Local Municipality: Notice to designate, in addition to the Speaker, Mayor and Deputy Mayor; the Whip and Chairperson of the Municipal Public Accounts Committee as full-time councillors published PG 1779 ( ) PG 1780 ( ) PG 1782 ( ) North-West Spatial Planning and Land Use Management Act 16 of 2013 Spatial Development Framework, 2016 published PG 7723 ( ) Western Cape Constitution of the Republic of South Africa, 1996: City of Cape Town Constitution of the Transport and Urban Development Authority for Cape Town By-Law, 2016 published PG 7716 ( ) SEMINARS NAME OF SEMINAR DATES PRESENTER CONVEYANCING UPDATE Cape Town 23 January 2017 Durban 27 January 2017 Allen West CONSUMER PROTECTION ACT Pretoria 13 February 2017 Johannesburg 20 February 2017 Cape Town 22 February 2017 Durban 02 March 2017 Bloemfontein 09 March 2017 East London 13 March 2017 Port Elizabeth 17 March 2017 Trudie Broekmann PENSION LAW Bloemfontein 31 March 2017 Durban 06 April 2017 East London 07 April 2017 Pretoria 10 April 2017 Johannesburg 11 April 2017 Cape Town 20 April 2017 Port Elizabeth 21 April 2017 To be confirmed EVICTIONS & RENTAL Durban 23 March 2017 Cape Town 28 March 2017 Port Elizabeth 04 April 2017 Bloemfontein 11 April 2017 East London 25 April 2017 To be confirmed

14 14 DIGITAL FORENSICS Cape Town 08 May 2017 Durban 09 May 2017 Pretoria 15 May 2017 Johannesburg 16 May 2017 To be confirmed OPINION WRITING Port Elizabeth 22 May 2017 East London 23 May 2017 Durban 29 May 2017 Cape Town 30 May 2017 Johannesburg 05 June 2017 Pretoria 06 June 2017 Bloemfontein 09 June 2017 To be confirmed For more information contact the Knowledge Centre or visit