Latest Issue - June 2018

Land expropriation in South Africa: where we stand Constitutional Law

The first quarter of 2018 has brought a number of political and, by implication, legal changes which have substantially impacted the country. From changes in the presidency, the VAT rate and upturn in the economy, 2018 is an interesting year to have begun Articles.

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A sweet little ruling Advertising

Issues of food marketing and, in particular, the marketing of food with sugar in it, are highly topical at the moment. The ASA is working on strengthening its relationship with the Department of Health to best protect consumers in this area.

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That effing ruling Advertising

Twitter and the media have had a field day with a recent ASA ruling in the matter of Webafrica / Fibre Internet / Timothy Wege & Another / 2018-7354F (16 April 2018), calling the ASA all sorts of effing names for the decision. But let's take a look at what really was said.

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Trademarks that offend Intellectual Property - Law

To what extent should trademark offices be concerning themselves with public sensitivities?

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A fisherman’s tale Platteland Perspective

Normally, when people talk about "fisherman's tales" they mean that the size of the fish involved grows with the telling. But a reading of a high court decision involving deep-sea anglers reveals that their fishy tales involve defamation, according to one of the parties to the court case. Defamation that grows with the telling.

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Tales from the US of A... - June 2018 International

Apes have trouble establishing legal standing

Two caged chimpanzees have lost a lawsuit in New York based on a habeas application to have their right to liberty protected. In San Francisco a crested macaque monkey, whose famous smiling picture was published, lost a claim to assert copyright in the picture. The New York court held that a chimpanzee is not a member of the human species. They don't have any legal duties and therefore don't have any legal rights. A minority judgment suggested that the "ethical dilemmas on display in this matter" would eventually have to be addressed. The Florida court held that the monkey – and all animals, since they are not human – lacks statutory standing under their Copyright Act. Nor should the monkey have been represented by People for the Ethical Treatment of Animals, because the association did not establish a "significant relationship" with the monkey allowing it to take legal proceedings as "next friend". The law does not permit animals to be represented by a next friend.

Debra Cassens Weiss April 24 & May 8

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The World in May International

Sichuan Airlines passenger plane was forced to make an emergency landing after a cockpit window broke at 32,000ft. A copilot was partially sucked out of the aircraft. According to Captain Liu Chuanjian, "There was no warning sign. Suddenly the windshield just cracked and made a loud bang. The next thing I know my co-pilot had been sucked halfway out of the window". The co- pilot, who was fortunately wearing a seatbelt, was pulled back in by his fellow crew members, and suffered only scratches and a sprained wrist, the Civil Aviation Administration of China confirmed. Liu was forced to land the Airbus A319 manually following the decompression. In April banking executive Jennifer Riordan, 43, was killed when she was partially sucked out of a plane window of a Southwest Airlines Flight 1380 from New York City to Dallas.

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Woman of the month: Makadam Waseeqah Women in law

What does success look like for you?

Success is understanding, owning and pursuing your strengths and purpose and, hopefully, inspiring others to do the same.

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A rose by any name... Lifestyle - Motoring

I really dislike bakkies. For a start, the name implies something that dogs drink water out of and the thought of driving one does nothing for me. But love them or hate them, they are a part of our society and have a very definite place in the market.

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Running an IT Service Desk Lifestyle - Gadgets

Many large companies have completely failed to provide a useful and effective IT service desk. Reasons are plentiful: from ignoring IT support requests and inefficient task management, to poorly trained staff or insufficient staffing. Yet, despite great staff and sufficient staff numbers, IT support can still go horribly wrong without Standard Operating Procedures (SOP) and service level agreements (SLAs) in place. And that is not all. Well defined SOPs and SLAs will likely become an administrative nightmare without the correct software to enforce them.

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Aftertaste Oldenburg Vineyards Lifestyle - Wine

Oldenburg Vineyards is situated 10 minutes outside Stellenbosch in the Banhoek Valley near the Helshoogte pass. This independently run family boutique winery was acquired by Adrian Vanderspuy in 2003. He began a project to restore the neglected farm and to replant all the vineyards – making the most of the farm's terroir, using modern viticulture practices.

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Roots Lifestyle - Restaurant Review

Roots is, as they say, a "dining experience". It is an overworked phrase but it is also difficult to find another equally apt.

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Who’s doing what . . . Deal Selection

SA Exchange Listed M&A

Naspers sold its 11.18% stake in India's Flipkart Online Services to Walmart for $2,2bn. The initial investment was made in 2012 and cited an IRR of approximately 32%.

NWK and Country Bird are in discussions regarding the fixed offer by Country Bird to acquire NWK's stake in Opti Agri,the poultry and animal feed business, for R290m.

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