November 2006


Listing on the LSE’s AIM board Accounting November 2006

The Alternative Investment Market (AIM) is the London Stock Exchange's (LSE's) market for young and growing companies and has grown remarkably since its launch in 1995. AIM provides a real option to emerging businesses looking to raise finance. A unique feature is the overwhelming success of mining and exploration companies with operations in various countries.

Read More

A wank too many Letters November 2006

Owen Dean, in an article entitled "When a wank can't be laughed off," without prejudice October 2006 p12, discusses the implications of the decision in Laugh It Off Promotions CC v South African Breweries International (Finance) B.V. t/a Sabmark International and the Freedom of Expression Institute. Reference is made to a matter involving a trade mark of Standard Bank that is mimicked.

Read More

The Common Law derivative action is alive and well Company Law November 2006

Lord Justice Hoffmann famously observed that "for most of the first century of company law [minority shareholders] were virtually defenceless, kept in cowed submission by a fire-breathing and possibly multiple-headed dragon called Foss v Harbottle". Since then, company law has developed to provide minority protection through the common law derivative action.

Read More

Giving financial help to buy own company shares may soon be possible Competition Law November 2006

Currently, s38 of the Companies Act prohibits a company from rendering direct or indirect financial assistance for the purchase or subscription of its own shares. This includes where a holding company provides financial assistance (be it in the form of a guarantee or loan) to its subsidiary, so that the subsidiary may acquire a percentage of its shares.

Read More

The SCA as ghost buster Labour Law November 2006

Two issues have repeatedly haunted the labour courts: What is the proper test that the Labour Court should use when reviewing decisions made by arbitrators? And when should an arbitrator interfere with the sanction imposed by an employer?

Read More

Sick leave medical certificates issued by traditional healers Labour Law November 2006

Despite the advent of modern medicine, many South Africans, mostly the black population, continue to use the services of traditional healers. It is strongly argued in some quarters that the introduction of biomedicine can never replace the indigenous healing system.

Read More

End of the road for Specialised Labour Courts Labour Law November 2006

Late South African business tycoon, Anton Rupert, was a pragmatic critic of apartheid, urging that black economic advancement would build a more stable society for all. "It would be better to create one man, one job than one man, one vote. If everybody can have a job, then everybody can have the vote. But if you have half the people out of work, then I start worrying," said Rupert.

Read More

Reviewing the decisions of domestic tribunals Labour Law November 2006

In Klein v Dainfern College and Another the Court had to determine whether a decision taken by a disciplinary tribunal is reviewable under the Promotion of Administrative Justice Act (PAJA).

Read More

The importance of procedural fairness in employee dismissals Labour Law November 2006

Procedural fairness is generally viewed by employers as the stumbling block to terminating an employee's employment, particularly where that employee has committed misconduct that warrants dismissal. This perception is not unwarranted and has been perpetuated by a misguided interpretation of the provisions of the Labour Relations Act (66 of 1995) relating to procedural fairness.

Read More

Legitimate barriers to employing refugees in SA’s security industry Labour Law November 2006

Refugee reception is every country's inevitable peril. Measures will often, understandably, be adopted to control refugee invasions into some sensitive sectors such as the security industries where the absence of controls might risk or compromise the security of the country.

Read More

Tying together the principles of patent and competition law Competition Law November 2006

PART 2

The position in South Africa

Interestingly, the US "patent-misuse" provisions are mirrored in the current South African Patents Act. s90 Act provides that any condition in a contract relating to the sale of a patented article, or to a licence under that patent, which requires the purchaser or licensee to acquire from the seller or licensor any article, or class of articles not protected by the patent, shall be null and void, except where the unpatented article constitutes a part of the patented article (other than ordinary articles of commerce) required to put or keep the patented article in repair.

Read More

SARS v DODGE (Attorneys’ Association intervening) – lawyers fees sufficient punishment for anyone Not The Law Reports November 2006

Foss-Harbottle J: SARS brought a relatively straightforward application to freeze the considerable assets of Mr Dodge who they allege is a tax evader. The matter has been complicated by the intervention of the Attorneys Association claiming to be an amicus curiae.

Read More

So, who’s better at Forensics? Criminal Law November 2006

This debate first started almost two years ago in without prejudice (December 2004, p24) when, by creating a dedicated multidisciplinary forensics unit, Sonnenberg Hoffmann Galombik staked a claim to a share of the forensic consulting world that had been the exclusive domain of the big four auditing firms.

Read More

Perseverance the key to suing the State over shady deals The Law November 2006

Corruption in government is hardly a new phenomenon. On occasion, corrupt governmental officials are exposed for their under-hand dealings, but, in perhaps too many instances, shady activities are conveniently swept under the carpet, leaving the victims of governmental fraud without any legal redress.

Read More

When victory feels suspiciously like defeat JurisdictionalLaw November 2006

It is trite law that in any litigation where the Defendant is not resident within the geographical jurisdiction of the court (that is, where the Defendant is a peregrinus) an application for attachment either to found (ad fundandam) or to confirm (ad confirmandum) jurisdiction must be made by the Plaintiff.

Read More