Archive for the ‘Non-fiction’ Category
by Simon on Jun 14th, 2013
Jeremy Gauntlett, co-author of Bar, Bench and Bullshifters: Cape Tales 1950 – 1990, has spoken out against Mark Shuttleworth’s court bid to have South Africa’s exchange control declared unconstitutional, reports the Mail & Guardian.
Gauntlett is quoted as saying, “If the applicant succeeds in striking down section 9 of the Currency Act and declaring all orders and rules unconstitutional, there would be no inhibition on removing capital from this country at all.” He goes on to call Shuttleworth’s argument “nonsense on stilts”:
Jeremy Gauntlett SC, for the South African Reserve Bank (SARB), argued on Tuesday that the order sought by Shuttleworth in the high court in Pretoria was “the most radical court order imaginable”.
“He quite deliberately decided to attack the heart of the scheme and seeks to bring down the pillars of the temple,” said Gauntlett.
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by Simon on Jun 13th, 2013
In 2003 the National Health Act (NHA) was passed by Parliament to give effect to the right of everyone to have access to health care services. This right is guaranteed by section 27 of the Constitution of the Republic of South Africa, 1996, which places express obligations on the state to progressively realise rights of access to health care services within in its available resources.
The National Health Act: A Guide provides the latest information on laws, policies and court judgements that affect the right to health services and will be useful to users of health care services, health care providers, students, lawyers and others.
It aims to make the NHA more accessible to people who use health care services and to empower them to demand the full implementation of their rights under the NHA and the Constitution.
This guide to the NHA is a joint publication by Siber Ink in conjunction with SECTION27.
About the Editors
Jonathan Berger – Member of Johannesburg Bar
Adila Hassim – Member of Johannesburg Bar & Director of Litigation, SECTION27
Mark Heywood – Executive Director, SECTION27
Brian Honermann – Associate, O’Neill Institute for National and Global Health Law
Mieke Krynauw – Attorney, Bowman Gilfillan
Umunyana Rugege – Attorney, SECTION27
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by Simon on Jun 6th, 2013
Dr Johan Erasmus has written an article for Accountancy SA about some of the features of the New Companies Act, which Carl Stein describes in detail in The New Companies Act Unlocked.
Erasmus writes about the emphasis on the responsibility and accountability of directors and the reduction of companies’ reliance on Companies and Intellectual Property Commission (CIPC):
The new Companies Act, 2008 (the Act) has now been effective for almost two years, and despite much anxiety and uneasiness about the quality of the legislation prior to its implementation, the transition from the old to the new Act can be described as ‘almost‘ smooth.
Responsibility of directors
A key feature of the new Act is that it clearly emphasises the responsibility and accountability of directors. By accepting their appointment to the position, the directors indicate that they will perform their duties to a certain standard, and it is a reasonable assumption of the shareholders that every individual director will apply his or her particular skills, experience and intelligence to the advantage of the company.
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by Simon on May 31st, 2013
The Star‘s Karen Chen has written about how domestic workers are still being mistreated despite labour legislation that “is of the most progressive in the world”. South African Domestic Service and Allied Workers Union organiser, Eunice Dhladhla, commented that “Apartheid is alive and kicking in the suburbs”.
Chen reports that a “University of Johannesburg study found that many employers did not comply with the law”, but that a fear of losing their jobs prevents domestic workers from speaking out.
They are the invisible housewives of the nation.
From scrambling eggs to washing dirty underwear, domestic workers are the silent backbone of the South African household.
Nineteen years after the end of apartheid, sexual harassment, mistreatment and abysmal wages and hours are still common, rampant even.
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by Simon on May 29th, 2013
The Book Lounge was abuzz with tales of the quirks and eccentricities that are particular to the legal fraternity as many gathered to celebrate with the authors of Bar, Bench & Bullshifters: Cape Tales 1950 – 1990, Gerald Friedman and Jeremy Gauntlett.
Publisher Simon Sephton recalled Ambrose Bierce’s 1911 definition of justice in The Devil’s Dictionary. He satirised it as, “A commodity which is a more or less adulterated condition the State sells to the citizen as a reward for his allegiance, taxes and personal service.”
Sephton spoke about the genesis of the book. Gauntlett had approached him with the “slightly irreverent title” but, as alternative, the more conservative “Cape Tales” of the subtitle. He said it had been an absolute delight to work with the authors on this “rare gem” that is full of irreverence, anecdotes and wit, and a worthy successor to Ellison Kahn’s Law, Life and Laughter with which he’d been involved previously.
Sephton said he loves that this book reveals the characters of the ordinary, flawed, regular human beings, full of foibles and full of humour. They are not without their shortcomings, which are gleefully revealed in this book. The evening witnessed a lively telling of some hilarious tales of camaraderie and courage of judges and advocates facing the multiple forms of ridiculousness that happened during the apartheid era.
Gauntlett recalled that this was also an era when there had been only one woman advocate. She was referred to as having a “family practice”. The rest were secretaries. There was one rather attractive female lawyer who took her arguments to the judge and said, “My lord, I must leave this in your hands”. The judge said, somewhat wistfully, “If only you would…”
“It’s funny, but it’s sexist. It’s also an era when it was regarded as touting to type out your opinions. You did it by hand. The judge had a telephone in his drawer because he didn’t want his colleagues to know he had a telephone. There was austerity. A carpet was unheard of. Bill Schreiner had a kitchen table and a wicker chair.”
Bar, Bench and Bullshifters brings to light many stories that needed to be told, giving the flavour of the people and the specific time. Originally intended as an article for the The South African Law Journal, it morphed into “a wonderful little book for your loo”, said Friedman. That said, there is a bigger social history that still needs to be told.
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Liesl Jobson tweeted live from the event using the hashtag #livebooks
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by Simon on May 23rd, 2013
Consumer Law Unlocked author, Elizabeth de Stadler, has written about the impact of the Protection of Personal Information Bill on companies’ privacy policies.
De Stadler writes that she finds it “very difficult to see the point of overly legalistic privacy policies normally hidden behind a tiny link at the bottom of a webpage” and that the Bill is going to force a rethink of how policies are written, as the emphasis is going to be on keeping consumers informed instead of being on indemnifying businesses. She suggests some resources for businesses that are needing to redraft their policies:
Increasingly, I find it very difficult to see the point of overly legalistic privacy policies normally hidden behind a tiny link at the bottom of a webpage. The reason for this increased concern is of course the Protection of Personal Information Bill and the duties which it places on businesses who use (or for that matter just collect or store) personal information.
The Bill does not provide much direct guidance on the content of privacy policies per se. However, many of the bill’s obligations such as informing the consumer that personal information is being collected and the purpose for which personal information is required. This means that the emphasis is moving away from indemnifying the business to being transparent and keeping consumers informed.
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by Simon on May 21st, 2013
Cormac Cullinan, author of Wild Law, will be teaching a webinar on international and environmental law and global governance, along with Peter Brown.
The live webinar is free and can be accessed online on 22 May at 3PM UTC/GMT, you will need to have installed Adobe Flashplayer, have audio input and output, and a good internet connection.
On Wednesday, May 22nd at 3PM UTC/GMT, Earth Charter International and the EC Center for Education for Sustainable Development will be hosting a one and half hour webinar on international and environmental law and global governance with experts Peter Brown and Cormac Cullinan. These two leaders in their respective fields will put their work into context as well as relate the importance of the Earth Charter to their fields. Attendance is free for all and participation will be available through the chat function on our platform.
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by Simon on May 16th, 2013
Siber Ink and The Book Lounge take great pleasure in inviting you to the launch of Bar, Bench & Bullshifters: Cape Tales 1950 – 1990 by Gerald Friedman and Jeremy Gauntlett.
On Thursday 23 May at 5:30 PM for 6 PM, the authors will be sharing anecdotes with Professor Halton Cheadle.
See you there!
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by Simon on May 15th, 2013
Mineworkers at Lonmin in Marikana have embarked on a “wildcat strike”, reports Gia Nicolaides from Eyewitness News. Labour Law Rules! explains the legalities around strikes.
Nicolaides states that the murder of Mawethu Stevens, regional chairperson for AMCU, on Saturday has set off tension between AMCU and the National Union of Mineworkers (NUM):
There were renewed fears of unrest in South Africa’s platinum belt with a wildcat strike at Lonmin’s Marikana Mine and union rivalry once again taking centre stage.
Thousands of Lonmin workers downed tools bringing operations at the mine to a halt.
Association of Mineworkers and Construction Union (Amcu) regional chairperson Mawethu Stevens who was due to testify in the Marikana Inquiry was killed on Saturday.
Sarah Evans and Kwanele Sosibo from the Mail & Guardian have written about the factors leading to the strike:
“Turn and look at the mountain. Something is about to happen,” said one of the miners gathered at Wonderkop at Marikana on Tuesday afternoon. He stood near the koppie – the larger one – where many of the miners were killed in the Marikana killings in August 2012. He was one of thousands who returned to the scene of that crime on Tuesday.
Joseph Mathunjwa, President of the Association of Mineworkers and Construction Union (AMCU), speaks about job losses at Lonmin, saying that retrenching management who are taking home millions each year would cut the job losses in half:
Workers have embarked on a wildcat strike at Lonmin’s Marikana mine.
Operations at 13 shafts have ground to a halt, as miners have refused to go underground.
It’s not clear why the workers have downed tools, but tensions have been rising, since a senior Amcu (Association of Mineworkers and Construction Union) official was murdered over the weekend.
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eBook: Labour Law Rules! by Mpfariseni Budeli, Ernest Manamela, Tukishi Manamela, Clarence Tshoose, edited by Marié McGregor, Adriette Dekker
eBook type: PDF
EAN: 9781920025489
Download this eBook at LittleWhiteBakkie.com
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by Simon on May 8th, 2013
The Licensing of Businesses Bill has been called a return to “apartheid-style” bureaucracy with every business, no matter how small, having to register with its local municipality.
Denis Worrall writes in an article for Polity that even hawkers could face extraordinary penalties for not complying, such as incurring a fine or imprisonment of up to ten years. Allowance has also been made for “any number of onerous requirements” to be added to the bill.
“The reasons offered for this bill simply do not add up,” Worrall says, as it will surely inhibit entrepreneurship.
Few pieces of legislation have drawn such fire as Minister of Trade and Industry Rob Davies’ Licensing of Businesses Bill – and with good reason. Contrary to some commentators’ view that it is a “useless” piece of legislation, it demands to be taken very seriously indeed.
For the benefit of our international readers we should explain that the bill requires the licensing of every business – yes, every business – in South Africa by the municipality in which it is based. The size and nature of the business does not matter, and the licensing process will obviously involve a massive increase in bureaucracy. Free Market CEO Leon Louw in Business Day describes the consequences: “Nothing, absolutely nothing, will escape the clutches of the bureaucracy which the bill will require. The country will be deluged by wall-to-wall apartheid-style bureaucrats, who will control everyone who supplies anything –from the little old lady selling corncobs under a tree, to foreign multinationals, from subsistence farmers with their donkey carts, to escort agencies, from part-time ballet teachers, to alternative theatre.”
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eBook: Labour Law Rules! by Mpfariseni Budeli, Ernest Manamela, Tukishi Manamela, Clarence Tshoose, edited by Marié McGregor, Adriette Dekker
eBook type: PDF
EAN: 9781920025489
Download this eBook at LittleWhiteBakkie.com
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