June 2006


From my Window - June 2006 From My Window June 2006

Along with many citizens, I was appalled this month by the photographs and televised reports of security guards on the rampage in Cape Town while on their way to deliver a monograph to Parliament complaining about their pay and conditions of service.

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The Da Vinci Code – where there’s a hit there’s a writ Intellectual Property June 2006

The Da Vinci Code, written by American author Dan Brown and published in 2003, has proven a humdinger of a novel.

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Trade secrets – be careful with whom you share what Intellectual Property June 2006

Three may keep a secret, if two of them are dead.

– Benjamin Franklin

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BMW’s ongoing brand wars Intellectual Property June 2006

In the High Court of South Africa (Transvaal Provincial Division): Bayerische Motoren Werke A.G v Commercial Auto Glass (Pty) Ltd (Case No. 5889/2005, judgement dated 15 March 2006).

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The place of pension funds in conditions of employment Pension Law June 2006

Employers are constantly looking for opportunities to reduce their liabilities and maximise profit. After all, profit-making is the paramount object of establishing an enterprise.

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Strike Back Labour Law June 2006

Numerous fatalities, injuries, the murders of two SA Transport and Allied Workers Union (Satawu) members, the torching of two train carriages and various other vehicles, the stoning of vehicles, the attempted derailing and petrol-bombing of other Metrorail trains and, as without prejudice was being prepared for the presses, the riots in Cape Town's city centre.

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No excuses for racism Labour Law June 2006

A recent case in the Labour Court has reaffirmed the constitutional commitment that racism – and in particular in the workplace – shall not be tolerated.

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Fringe benefits – home is where the heart is Tax June 2006

The South African Income Tax Act contains a comprehensive set of provisions relating to the taxation of fringe benefits for employees.

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Missing the real target Tax June 2006

The broad test to determine the deductibility of an amount, as approved by the Appeal Court (CIR v African Oxygen), is:

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ction 103 – extreme makeover Tax June 2006

It is a truism that "time waits for nobody." Now, even s103 can admit to that.

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Initiating arbitration Arbitration June 2006

Various standard-form building contracts contain the option of, or a requirement for, a dispute between the parties to be determined by way of arbitration.

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Property tax, prices and foreign influence Property Law June 2006

Purchasing property in South Africa has become an expensive affair, at least for South Africans. For foreigners, the property market is still a best buy.

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Wheel clamping – scourge or safety measure? Property Law June 2006

There's a man who hangs around a certain high-end Johannesburg shopping centre who has on more than one occasion threatened – very aggressively, it must be said – to sue the centre management for clamping his vehicle.

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Cell C – see for yourself Contract Law June 2006

Practical pressures of business regularly cause parties to implement agreements before they have recorded the terms in writing.

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Caveat venditor Consumer Law June 2006

South Africa is currently in the middle of a well-documented consumer explosion.

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