December 2007


Regulating hedge funds Accounting December 2007

On August 29 this year, the Financial Services Board (FSB) published its long-awaited regulations governing South Africa's hedge fund industry and, in particular, the conduct of hedge fund financial services providers (hedge fund FSPs).

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Going nuclear . . . probably not a good idea Energy Law December 2007

This is the first in a two-part series Inspired by a candle-lit dinner (not in the romantic sense) this article focuses on South Africa's nuclear energy aspirations and the possible implications of the precautionary principle. It will consist of two parts; the first will focus on the precautionary principle's status in international law and the second on whether, in the light of the principle and other environmental considerations, South Africa's renewed nuclear energy aspirations are justified. In essence the principle precludes a state from undertaking an activity which could have an adverse effect on the environment under certain circumstances.

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From My Window - December 2007 From My Window December 2007

In the first note I wrote this year (wp Feb), the main theme was the judiciary, the court system and the lack of honour and dignity among judges. It has gone on like this for the entire year. Not that the tendency to attack the independence of the judiciary is confined to South Africa – it is a trend all too easily visible in Asia and other parts of Africa.

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Penalty shootout ahead Intellectual Property December 2007

The main objective of Federation Internationale de Football Association (FIFA) for the 2010 World Cup Tournament is to make it a success not only for the players, the football fans and the game of soccer, but also from a financial point of view and in particular for the sponsors of the event.

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Protecting the Red Cross Intellectual Property December 2007

For many years, the South African Trade Marks Office has regularly seen attempts by abusers to utilise the Red Cross Emblem in trade marks. With the enactment of the South African Red Cross Society and Legal Protection of Certain Emblems Act (10 of 2007), parliament has sought to eliminate this abuse. The commencement date for this legislation is August 16.

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The hoo-ha about Hoodia Intellectual Property December 2007

The Hoodia plant is a relatively unspectacular succulent of the genus Hoodia, of which a number of species are indigenous to Southern Africa. Were it not for the fact that the plant contains certain chemicals that appear to act as appetite suppressants, the Hoodia cactus would be of little interest to anyone other than botanists.

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La Cosa Nostra on the Trade Marks register Intellectual Property December 2007

A trade mark attorney visiting a McDonald's outlet might contemplate certain trade mark principles while standing in the queue. He will look at the menu and notice the references to McChicken, McMuffin and so on. He will also, no doubt, make a mental note to use this example of a “family" of marks next time he advises a client.

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Quick, cheap and effective ways of attacking advertisements Intellectual Property December 2007

Quicker, cheaper and more effective: these are the magic words for plaintiffs and their attorneys in all matters involving litigation. High court litigation has attracted an unfavourable reputation for being extremely expensive, unnecessarily lengthy and culminating, more often than not, in an unsatisfactory result for the plaintiff.

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A piercing judgement? The Law December 2007

Questions remain after the Constitutional Court recently handed down judgement in MEC for Education: KwaZulu-Natal and others v Pillay and others CCT 51/06 when it had cause to interpret the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 for the first time.

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Mediation an increasingly acceptable solution to commercial disputes The Law December 2007

The mediation of commercial disputes is spreading across the world. Starting in the US over 25 years ago and spreading early to Canada and Australia, it has begun to flourish both in the UK and the growing European Community. The Centre for Effective Dispute Resolution (CEDR), founded in 1990, provides both mediation and consultancy services in dispute resolution and conflict prevention in the UK and internationally and also offers an assessed accreditation process to mediators.

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Securing evidence held in foreign jurisdictions Corruption Law December 2007

The Appeal Court's recent judgement in the matter of Jacob Gedleyihlekisa Zuma; Thint Holdings (Southern Africa) (Pty) Ltd & Thint (Pty) Ltd v The National Director of Public Prosecutions is a welcome pronouncement to the prosecuting authorities as it firmly establishes the manner in which the provisions of s2 of The International Co-operation in Criminal Matters Act 75 of 1996 should be interpreted.

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Sins of the parents Criminal Law December 2007

The Constitutional Court (M v The State [CCT 53/06]), in September, ruled on the duties of the sentencing court in light of s28(2) of the constitution when the person being sentenced is the primary caregiver of minor children. Judge Albie Sachs' said in his judgement that “…[t]his has become something of a test case.

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When the devil gets into kids, parents may end up carrying the can Labour Law December 2007

The festive season is upon us and among all the merriment and cheer, parents shouldn't lose sight of what their children are up to. Several parental responsibilities are set out in s18 of the Children's Act 38 of 2005, which came into operation on July 1 this year. They include the responsibility of a parent to care for the child, maintain contact with the child, act as guardian of the child, and contribute to the maintenance of the child.

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Time to clear the confusion around POCA Criminal Law December 2007


judge-davis-decThe now infamous Prevention of Organised Crime Act of 1998 (POCA) is steadily becoming one of the most frequently contested and controversial pieces of legislation in South Africa. And it appears that every new judgement relating to POCA adds more fuel to the fire.

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Facing the facts IT Law December 2007

'[I]s starting to walk straight and speak without slurring.' This phrase was posted on someone's (let's call him 'Jo') profile on Facebook, clearly after a 'rough' night out – a little something about him that he was probably keen to keep between his friends. After all, that's what Facebook is about, isn't it, sharing information between friends? No harm done – unless, of course, there is an unsolicited visit to his account.

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