May 2009


Stealing children and the search for applicable law Family Law May 2009

The child abduction case: Nyachowe v Fielder [2007] EWCA Civ 1129 Despite South Africa having ratified the Hague Convention on Child Abduction in 1997, there is a growing number of cases involving children wrongfully removed or retained in another country without the consent of one parent. There are still no general legislative provisions concerning the principles applicable to the Convention. A working relationship has been established, however, between the Family Advocate in South Africa and the Central Authority in the country in which the child is retained (the contracting state). However, this does not provide a foreign court with the much-needed guidance regarding application of local laws.

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History and Justice The Law May 2009

This is the first part of the edited text of remarks made to a UCT Alumni Leadership Forum, Johannesburg April 2009; the second and final part will appear in the June issue Justice is a complex and contested concept in most societies. In societies that are in transition from an oppressive or brutal past, this is particularly so, as is nowhere more evident than South Africa. Justice is a normative concept constructed politically and socially in each society. In that construction, history plays a significant role.1 It is the role of history in the construction of a democratic conception of justice in post-apartheid South Africa which is the focus of this address.

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Marriage as an unfair labour practice Not The Law Reports May 2009

JOHN DOE V JANE DOE Foss-Harbottle J: Counsel for the defendant began her argument by quoting Thornton Wilder: “Marriage is a bribe to make a housekeeper think she is a householder." It appears that the defendant's marriage to the plaintiff did not live up to expectations. She succumbed to her husband's requirement that she give up her career and take on the mind-numbing task of running the house. Now, after five years, he is seeking a divorce. Zsa Zsa Gabor once said her husband “taught me housekeeping; when I divorce I keep the house." The defendant in this matter does not even have that offer.

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When the Articles and shareholders have the last say Company Law May 2009

The judgement of the SCA in the case of Surmon Fishing (Pty) Ltd v Compass Trawling (Pty) Ltd contains both an interesting dissertation on the voting threshold of a two-third majority as well as confirmation of the source of the powers of directors to act on behalf of a company.

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Go green or get taxed Tax May 2009

With the global focus on climate change and environmental issues, it was probably inevitable that environmental taxes would become the new frontier to be explored by fiscal authorities. In South Africa, one of the earlier forays into this area was the introduction of the plastic bag levy in 2003 to reduce littering. The levy has produced small amounts of revenue each year, but environmental taxes are likely to feature much more significantly in the future.

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SA’s two highest courts give thumbs up to arbitration Arbitration May 2009

On March 20 this year, the Constitutional Court handed down judgement in the matter of Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and another.1

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Lifestylemotoring Lifestyle - Motoring May 2009

ROADTEST – Toyota Auris 1.4 Ihad just collected the Auris from Toyota Marketing and had stopped at a shopping centre for a cool drink when I noticed what could only be described as a statuesque young lady admiring the car. Approaching her I couldn't help but admire her physique and the trendy clothing she was nearly wearing. She glanced up at me before I could avert my stare and commented “very impressive." “I was just thinking the same thing," I stammered. “I meant the car, silly" she giggled.

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Between Buda and Pest, the whole is better than the parts Lifestyle - Getaway May 2009

There is something rather disquieting about drives from airports to a new destination. Always excited about the prospect of seeing somewhere new, I forget how the faceless industrial buildings and forbidding, often dilapidated blocks, stare back at me as I speed along motorways to my destination filling me with a sense of foreboding.

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the view from down under - The Importance of being Kevin Lifestyle May 2009

Prime Minister Kevin Rudd has recently returned from the G20 meeting in London where, by his own estimation, and according to the coverage of some in the local media, he played an important role in sorting out the global economy.

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aftertaste - The blind debate continues Lifestyle - Wine May 2009

Most purists prefer a proper tasting to be blind: to be able to judge a wine based only on its characteristics and not to be influenced by all the other surrounding factors such as its label and well known (or not) brand name.

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Mobile recordings – can they mitigate risk? Telecommunications Law May 2009

In today's high-powered, fast-paced business arena, someone's 'say-so' simply doesn't suffice to seal a deal, especially if negotiations take place on a mobile phone. Yet sticking to the rules (such as waiting for written confirmation of a conversation or signing a formal contract before acting) can mean a lost opportunity. Affordable, easy-to-use technology that makes recording mobile phone voice interactions a cinch for consumers and business professionals alike is just around the corner. Will it adequately mitigate risk?

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The constitutional chicken Advertising May 2009

It is a strange fact that the fast-food chicken world spawns an extraordinary amount of advertising controversy for such a singularly uncontroversial product (except to the chickens, of course). Just think of Nandos and its unending stream of talked-about advertising.

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A solution when insolvency looms Money May 2009

The problems faced by the global economy could take a while to be resolved and may result in a long, protracted recession. This could be especially pronounced in developed economies.

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Beating the financial blues Management May 2009

This is the second in a two-part series In the February edition, I discussed some of Susan Berson's strategies ('Recession proof your practice' www.abajournal. com January 2009), to help law firms avoid the recession. This article considers Berson's last few thoughts.

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