September 2010


From My Window - September 2010 From My Window September 2010

August was a truly dreadful month. And what made it seem so particularly bad was its juxtaposition with four earlier weeks of genuine happiness; flushed with the unequivocal success of the 2010 Soccer World Cup, South Africa experienced a true coming together of itself as a rainbow nation, the first time this had happened since the end of Nelson Mandela's period in office as the country's president, 11 years ago. At the time of writing three weeks of a nationwide strike by civil servants was drawing to a close, with no immediate sign that it was about to end. There are a number of reasons as to why this industrial action has even been entered upon and they are a lot deeper than the matter merely of rand and cents. Not in any order of priority, the first is that the trades' union movement worldwide has just about reached its sell-by date; its role as the primary protector of labours' rights and privileges, seen against the backdrop of laws and regulations in many countries that entrench these in statutes, is probably no longer required.

Read More

Lessons from a town like Alice Intellectual Property September 2010

Tales of biopiracy of South African natural resources and traditional knowledge have been in the headlines recently. “Town like Alice takes on German 'biopirate'" and “Protection from biopirates", proclaimed the Mail & Guardian. The headlines relate to the revocation of a German company's patent on a method of producing an extract of the South African pelargonium sidoides plant to treat inflammatory diseases and infections. P. sidoides was already widely used by indigenous communities throughout south-eastern Southern Africa for its therapeutic properties.

Read More

The franchisor's duty of care Contract Law September 2010

In a recent decision in the United Kingdom, MCB Printing and Design Limited v Kall Kwik UK Limited, [2010] EWHC 624 (QB), the existence of a duty of care owed by franchisors in dealing with franchisees, including potential franchisees, was confirmed.

Read More

Registering trademarks as business names Intellectual Property September 2010

Currently, businesses are allowed to trade under unregistered names or trading styles. This position will soon change with the introduction of s79 to s81 of the Consumer Protection Act (68 of 2008) which makes it obligatory for all businesses to register their names.

Read More

Buried treasure easily available Intellectual Property September 2010

The enormous rate at which information and knowledge is being created, distributed and disseminated renders it crucial that minds creating them enjoy protection and security.

Read More

The Reddot–Oilwell conundrum Intellectual Property September 2010

Commentators have noted that if all the physical assets of The Coca-Cola Company were to be destroyed (that is the buildings, the trucks, the bottling companies), the COCA-COLA trade mark and other intellectual property would be sufficiently valuable to enable a positive cash flow within one year. It is a well-known fact that intellectual property rights such as trade marks, patents and designs, are very valuable assets and can generate or sustain income streams, the life blood of any business. But do the rights in and to these assets constitute capital? And if so, is exchange control approval required where these rights are exported?

Read More

Contract killings Not The Law Reports September 2010

Foss-Harbottle J: This court is asked to decide whether a contract killer is entitled to the right to fair labour practices in terms of s23(1) of the Bill of Rights. Following the judgement in Kylie v the CCMA in which it was found that sex workers have rights to constitutional protection under s23, the case was inevitable, unlike early death at the hands of applicant.

Read More

The economy will grow despite the worst efforts of the politicians Politics September 2010

In Australia general elections are held frequently but governments change rarely. Voters regularly eschew the opportunity to dismiss a government at the conclusion of its first three year term In fact, not since the 1930s has a first term Federal government lost a general election. So the August 2010 election has been unusual in many ways.

Read More

The Companies Amendment Bill – more than mere grammar and spelling to be corrected Company Law September 2010

On December 22 2009, the Department of Trade and Industry announced that it intended to address certain "grammatical errors, incorrect reference and cross referencing, missing of words, inconsistency of provisions and incorrect spelling" in the new Companies Act (new Act).

Read More

Key changes to the new Companies Act Company Law September 2010

The draft Companies Amendment Bill was released by the Department of Trade and Industry on July 28. The Bill proposes to effect various amendments to the Companies Act 71 of 2008 (new Act). Many of the proposed amendments are aimed at correcting grammatical and interpretational errors and are of academic interest. Some of the substantial amendments are set out here :

Read More

Yet more criticisms of the new Companies Act Company Law September 2010

In terms of dispute resolution, the new Companies Act (the Act) differs substantially from its predecessor in that it:

Read More

The delinquent director Company Law September 2010

The prestige of being appointed a company director is fast disappearing into the morass of stringent criteria now being imposed on corporate appointees to boards of companies. The new South African Companies Act, 2008, (the new Companies Act) deals specifically with the potential for directors to be declared "delinquent" in certain circumstances.

Read More

Lombard v Landmark examined Construction Law September 2010

The Supreme Court of Appeal's ruling in Lombard Insurance Co Ltd vs Landmark Holdings Pty Ltd and Others1 is considered to be the landmark decision on the absence of any interdependence between the construction contract, constituting the basis for the conclusion of a construction guarantee, and the construction guarantee itself.

Read More

When the baddies turn out to be bad goodies Platteland Perspective September 2010

FEW cases of serious crime have so far plagued the tiny Free State dorp where Jakkals and I live in peace and quiet. But we read about the problems of the cities and we hold our breath, waiting for the firestorm to reach us too.

Read More

Playing it by the book Competition Law September 2010

Contraventions of s4(1)(b) of the Competition Act are not capable of justification. This creates problems when advising clients in situations where infringement appears technical: no harm or inefficiency results from the conduct and there are rational explanations. This article describes this problem in more detail and proposes solutions

Read More