Four out of six learners who completed their matric studies as Transnet National Ports Authority (TNPA) bursary holders at the prestigious Lawhill Maritime Centre at Simon’s Town High School, achieved a total of 10 distinctions in the 2017 matric examinations. In addition, a third of the 24 high schools TNPA has ‘adopted’ across the country achieved pass rates of 80% and above. Most notable amongst these was Menzi High School in Umlazi, Durban, which clinched a 100% pass rate for the sixth year running. At Lawhill the top achiever was TNPA bursary holder Lizwi Ncube of Durban, who achieved an A aggregate and six distinctions for Maritime Economics (90%), English First Additional Language, Mathematics, Physical Science, Life Orientation and Life Sciences. He narrowly missed achieving distinctions across the board, with 78% in both Nautical Science and IsiXhosa Home Language. Ncube intends pursuing Human Anatomy and Physiology at the University of Cape Town (UCT) in his post-matric studies from 2018. Deputy Head Boy of Simon’s Town High School Siphelele Ncube, another Durbanite, clinched distinctions in Maritime Economics (88%), Life Orientation (96%) and English First Additional Language (87%). His maritime studies at Cape University of Technology (CPUT) will be sponsored by African Marine Solutions (AMSOL). Head Girl Katlego Makgato of Nigel achieved a distinction in Life Orientation and was offered a learnership from the Mediterranean Shipping Company (MSC). Of the remaining TNPA-sponsored matriculants at Lawhill, Sango Matyila of Khayelitsha will pursue post-matric maritime studies at CPUT aided by a Nedbank/SAMSA bursary, Lungisa Zondi of Underberg has applied for bursary funding to study at Sea Safety Training Group (SSTG) based in Cape Town and Anathi Qayiso of Durban is chasing a career in Information Technology. New bursaries TNPA has also revealed that in 2018 it will sponsor the tuition and boarding of four new learners at Lawhill, . . .
Sumitomo Rubber South Africa (Pty) Ltd (SRSA), manufacturer of the popular Dunlop tyre brand, is a finalist in two categories of the 5th Annual South African Premier Business Awards, which will be held in Johannesburg on 30 January 2018 under the theme ‘rewarding business excellence’. The categories are Investor of the Year and Enterprise Development Programme of the Year. “This is a great honour for our business and testament to the hard work we have been putting into programmes that benefit not only our company, but also our clients and communities within the region. We pride ourselves in being a well-rounded corporate citizen and believe that platforms such as this give us an opportunity to demonstrate this. We are looking forward to the main event later in January,” said SRSA CEO Riaz Haffejee. The company’s Enterprise Development initiatives have included the successful and impactful Dunlop Container initiative, developed to formalise the informal township tyre trade business. This has created employment opportunities and driven entrepreneurship in a sector previously unavailable to these business owners, with safety at the core of the programme SRSA is also progressing with its multi-billion-rand investment into its Ladysmith manufacturing plant. The investment is aimed at upgrading and modernising the plant’s capacity, increasing the output of high-quality passenger and sport utility vehicle (SUV) tyres and introducing and manufacturing truck and bus tyres. The South African Premier Business Awards aim to recognise business excellence and honour enterprises that promote the spirit of success and innovation as well as job creation, good business ethics and quality. The Awards are hosted by the Department of Trade and Industry (the dti), in partnership with Proudly South African and Brand South Africa. CLICK HERE to submit your press release to MyPR.co.za. . . .
Transnet National Ports Authority’s (TNPA) Port of Port Elizabeth recently signed its first long-term leisure and recreational tenant lease in the Baakens River Precinct, marking a milestone in plans to develop a future waterfront precinct at the harbour. The 15 (fifteen) year lease agreement with black economic empowered entity Lebolog (Pty) Ltd has led to the establishment of the new Shisa African Restaurant, which is located in the vicinity of the Baakens Street, considered one of the finest pieces of Real Estate in the port. The venue was officially unveiled on Friday, 2 September 2016 although trading began on Women’s Day in August. Port Elizabeth Port Manager, Rajesh Dana, said: “The signing of this lease takes the port further along on its journey of evolving into a ‘Smart People’s Port’ with improved community access and recreational activities. “We look forward to attracting a variety of tenants into this precinct in order to promote recreation, tourism and leisure activities in the Port. In the future the port’s Marina Development project – stretching from the Baakens River to Dom Pedro Jetty - will provide opportunities for expansion and growth for businesses,” he added. Lebolog (Pty) Ltd – owned by husband and wife team, Sibusiso and Zoliswa Nkosi – has owned and managed successful shisa nyama restaurants and events in Cape Town over the last few years. Having identified this niche market, they were inspired to create a similarly unforgettable experience in Nelson Mandela Bay by establishing Shisa African Restaurant. Co-founder Zoliswa Majodina Nkosi said: “Our primary aim is to simultaneously uplift the image of Nelson Mandela Bay and the Port of Port Elizabeth by contributing to and being a part of the much anticipated Port Elizabeth Waterfront. We also aim to create a leisure and relaxation venue away from home by combining African cuisine with the traditional South African shisa nyama experience, accompanied by entertainment from local . . .
What is the benefit in unregistered intellectual property? The value in unregistered intellectual property, such as confidential information and trade secrets, is in keeping such information secret. The value is lost once the information is in the public domain. It is not like an invention that is protected by a registered patent once it is disclosed, or copyright that also enjoys protection against, inter alia, copying and adaptation once it has been reduced to a material form and made available to the public. A trade secret by definition needs to be kept out of the public domain in order for it to enjoy protection under the common law. Why is a binding contract necessary? It is advisable to ensure that every person or entity that has access to an organisation’s confidential information or trade secrets is bound contractually to keep such information confidential and not to disclose them to any third person, otherwise than as provided for in terms of the agreement with the owner of the information or trade secret. A binding contract will afford the owner of the information an additional cause of action or remedy under the law of contract (other than its rights and remedies under the common law) in the event that the information is: • misappropriated; • used; or • disclosed, in breach of the agreement between the parties. Provisions that may be included in the confidentiality agreement While the breach of an agreement only really provides the owner of the information with a claim against the person or entity that breached the provisions of the agreement, wide provisions can be inserted in the agreement (subject of course to consensus between the parties) to deal with: • curtailing any potential further harm; • specific performance; and • the payment of damages. The owner of the information can also require that it be indemnified against all harm, loss and damage that it suffers as a result of a breach of the agreement by the recipient of . . .
South Africa has over the years developed a progressive legal and policy framework to protect human rights for all people living with HIV and AIDS. However continued stigma and discrimination often remain barriers to accessing treatment and efforts to fight the epidemic must be accompanied by a solid commitment to respecting the human rights enshrined in our Constitution. A new handbook, published by LexisNexis South Africa, aims to facilitate easy access to the law relating to HIV and AIDS in South Africa. This, it is hoped, will aid in fighting injustice against people living with and affected by HIV and AIDS. HIV and the Law in South Africa: A Practitioner’s Guide includes extensive contributions from a number of the foremost practitioners and theorists in the field. It is edited by leading law, public health and human rights champion, Amelia Vukeya Motsepe. While aimed at legal practitioners working in this crucial area of public law, the book’s simple, user-friendly approach is also set to appeal to NGOs, charities, healthcare professionals and students of law and medicine. Writing the foreword for HIV and the Law in South Africa: A Practitioner’s Guide, Constitutional Court of South Africa Justice Edwin Cameron said lawyers had played a significant role in protecting and promoting human rights and justice for people living with HIV and those affected. “Clients with HIV turn to lawyers when their privacy has been violated, their bodies bruised, their rights trampled on, their medical needs denied. Serving these clients effectively demands knowledge of areas of law that probably remain unfamiliar to many lawyers, particularly those in private practice,” he said. Moreover, the South African legal fraternity’s growing culture of pro bono work now sees attorneys supplementing standard commercial work with human rights volunteerism in which they fight against injustice and inequality on behalf of the vulnerable within society. This means that in . . .
#UnemploymentMustFall: Meeting the Challenges of a Labour Market in Crisis is the subject of the 29th Annual Labour Law Conference (ALLC), taking place at Emperors Palace – the conference’s new home – from 24 to 25 August 2016. With South Africa’s latest available unemployment statistic sitting at around 25 percent, coupled with political turmoil and the economy under threat of a downgrade to junk status, the topic couldn’t be more apt. Jointly organised by the Universities of Cape Town, Witwatersrand and KwaZulu-Natal, and facilitated by The Conference Company, the ALLC is the largest of its kind in Southern Africa attracting some 600 to 800 professionals from around the country annually. Nicci Whitear-Nel, Senior Lecturer at the University of KwaZulu-Natal’s School of Law, said: “This year’s conference includes a heavyweight line up of government leaders, among them Advocate Thuli Madonsela, who will speak on ‘Navigating job creation and corruption’. Other burning issues to be tackled include youth unemployment, challenges facing trade unions, retirement reforms, emerging trends in retrenchments, the national minimum wage and the implications of the water crisis for the labour market.” Labour broking will also be under the spotlight and the conference will include insights into the example of the SA Post Office with an address entitled ‘Short-term financial savings, long-term industrial relations shambles: The experience of using labour brokers in the SA Post Office’ by Prof David Dickinson of the Department of Sociology at the University of the Witwatersrand. Labour law specialists, trade unions, government officials, HR managers, labour practitioners, lawyers and business leaders will bring themselves up to date on the latest cases in collective labour law, procedural law and individual labour law, and the impact of the 2014 amendments to the Labour Relations Act on job creation. Together they will debate and seek solutions to meet the . . .
The Labour Court roll is dominated by review applications. A review application is the result of a party’s unhappiness with the award from the CCMA or bargaining council. The disgruntled party’s recourse is to launch an application in the Labour Court for the review of the award. A new legal title from LexisNexis South Africa addresses these proceedings. Reviews in the Labour Courts provides excellent guidance for labour practitioners and is a must-have manual for all labour lawyers, advocates, judges, CCMA commissioners, bargaining council arbitrators, unions, HR/IR practitioners, in-house counsel, lecturers and post-graduate students. The authors are two of South Africa’s leading labour law advocates, Anton Myburgh SC and Craig Bosch. The Constitutional Court, in the leading judgment of Sidumo, set out the test on review: “Is the decision reached by the commissioner one that a reasonable decision-maker could not reach.” Whilst the ‘Sidumo test’ appeared narrow, the Constitutional Court found that CCMA awards constitute administrative action and so the constitutional standard of reasonableness suffuses Section 145 of the Labour Relations Act. The result is a massive body of case law that continues to grow, making it difficult for busy practitioners to keep pace. In his foreword to Reviews in the Labour Courts, Honourable Justice John Murphy said Reviews in the Labour Courts would serve as a practioner’s manual. “Every now and then a law book is written that fills a notable gap in the bookshelves of practising lawyers. This is such a book,” he said. “The arguments are meticulously researched, logically presented and practically relevant. In that way, in addition to its value as a scholarly work, Reviews in the Labour Courts will serve as a practitioner’s manual. The practice of labour law before the labour courts will profit immensely from practitioners embracing the practical teaching of this seminal work.” Reviews in the Labour Courts will be launched . . .
For months, there has been strong focus on the so-called Panama Papers and on the pending results of the national investigations faced by several implicated individuals. As more details emerge, there is one clear and significant take-out from this scandal – that white collar crimes are alive and well. The Panama Papers showcase the array of ways in which the rich, the world over were able to exploit offshore tax regimes. Among those cited are world leaders, celebrities, sport stars and in some cases, family members of these individuals. “While due diligence and compliance officers have had success in identifying threats to their business, the sheer scale of the Panama Papers leak proves that suspicious financial activities can easily slip under the radar,” said Rudi Kruger, General Manager of LexisNexis Governance, Risk & Compliance. The South African Revenue Service (SARS) recently identified the names of 1,700 individual South African residents released in the data, ranging from shareholders and directors to beneficiaries. So far 79 of a total 560 offshore entities have been matched to 81 South African residents. These findings indicate a need across the globe to become more cautious against the risks of non-compliance and associating with suspicious financial activity. “Although the act of money laundering itself is a victimless white-collar crime it is often connected to serious and sometimes violent crime. Being able to stop money laundering is in effect, being able to stop the cash flows of international organized crime,” said Kruger. In 2014 international monitoring organisation Global Financial Integrity (GFI) released a report on illegal capital flight, which suggested that South Africa loses an estimated R147-billion a year through the illegal movement of money out of the country. South Africa was one of 151 countries featured in the report and ranked 12th overall. The report also indicated that Sub-Saharan Africa had the biggest . . .
Expect two days of portside fun when the Durban Port Festival makes a welcome return to the city from 18 to 19 June – the first to be held in Durban in more than a decade and part of Transnet National Ports Authority’s (TNPA) efforts to reconnect communities with the ports. Free activities lined up so far for all ages include tours of South African Navy ships, tugboat rides, a careers exhibition focusing on maritime vocations, a special kids’ zone, live entertainment and an array of other waterside and landside activities. There will also be a craft market and food stalls where goodies can be purchased from local stallholders. Activities will take place around Wilson’s Wharf and the Durban passenger terminal’s N-shed. TNPA’s Durban Port Manager, Moshe Motlohi, said the idea behind the port festivals is to bring communities closer to the ports – something which has been restricted since the advent of the global ISPS code of safety and security for ports. “We as the port authority are compelled to ensure that the ports offer positive and sustainable spin-offs to their surrounding communities. The port festivals are a workable solution to make our ports more community friendly and to expose the public to the opportunities available in this sector through a range of edu-tainment activities,” he said. So far East London, Richards Bay and Cape Town have all held successful port festival relaunches – and now it is the turn of the country’s largest and busiest commercial port. The Durban Port Festival will run alongside the South African Navy’s World Hydrography Day (WHD) celebrations in and around the port city from 17 to 19 June, although the official WHD date globally is 21 June. World Hydrography Day highlights the important role that the South African Navy plays by ensuring safe navigation for ships, however for practical reasons the SA Navy will host its activities from 17 to 19 June 2016. The most popular attraction will undoubtedly be the opening . . .
Eight historically disadvantaged Mthatha legal professionals have been recognised and rewarded with tools to grow their legal practices, while at the same time advancing transformation of the legal sector. Representing two spheres of the legal industry that are heavily reliant on one another, the four Mthatha advocates and four attorneys were honoured at a consultative workshop at the Garden Court Mthatha on Friday, 27 May. The event was hosted by Attorney Development Fund in partnership with LexisNexis South Africa – a leading provider of content and technology solutions for the legal, professional and academic sectors – and Korbitec – developers of market-leading desktop software, online products and data solutions for all spheres of the South African property industry. The eight candidates are the latest beneficiaries of LexisNexis South Africa’s Advocate Advancement Programme and its new Attorney Advancement Programme, both of which aim to foster and promote entrepreneurship among previously disadvantaged, newly qualified legal professionals by reducing the financial burden on them as they establish new legal practices. LexisNexis South Africa’s Commercial director, Thabo Molefe, said: “This is a start of great things to come and our way of ensuring that independent, Black legal professionals are able to level the playing field. Starting a legal practice requires a big investment into technology and superior legal research tools. Through these programmes we are hoping to lighten the load for PDI legal professionals and thereby advancing the Rule of Law, in line with our company’s underlying global purpose.” Advancement At the workshop, LexisNexis honoured Mthatha advocates Mzamo Swana, Zuko Badli, Zandile Ndesi and Lungelwa Mncotsho-Boya, as the 2016 LexisNexis Advocate Advancement beneficiaries from the Mthatha branch of the Eastern Cape Society of Advocates. They each received sponsorships valued at over R56 000, which include 12 months of free . . .