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Bulletin 9 of 2018 MVDM

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Bulletin 9 of 2018 MVDM Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin` 9 of 2018 Period: 02 March 2018 – 09 March 2018 IMPORTANT NEWS SUBDIVISION OF AGRICULTURAL LAND ACT 70 OF 1970 Certain properties have been excluded from the provisions of the Act iro the following municipalities: • Franshoek, Klapmuts, Lamotte, Lyndoch, Pniel, Languedoc, Kylemore, Raithby, Wemmershoek and Stellenbosch, Stellenbosch Local Municipality, Western Cape; • Tlokwe Local Municipality, North West; • City of Cape Town Metro Municipality, Western Cape; • Abbotsdale, Mooreesburg, Ongegund, Riebeek-Kasteel and Yzerfontein, Swartland Local Municipality, Western Cape; • KwaDukuza Municipality, KwaZulu-Natal; • Mandeni, Umswathi Municipality, KwaZulu-Natal; • Richmond, Impendle Municipality, KwaZulu-Natal; • Umgeni Local Municipality, KwaZulu-Natal, Witbank, Emalahleni Local Municipality, Mpumalanga, Mpofana Local Municipality, KwaZulu-Natal and Mkhambathini Local Municipality, KwaZulu-Natal; and • City of Matlosana Local Municipality, North West and Makhado Local Municipality, Limpopo Source: Government Gazette 41473, 2 March 2018 IMPORTANT NOTICE FOR INSOLVENCY PRACTITIONERS The Insolvency Steering Committee of the Master’s Office issued a notice that as from the 01 April 2018 the Masters Offices will no longer accept copies, emails or faxes of requisitions lodged. All Requisitions lodged must be Original. The section 9(3) security will also be increased to R30 000-00 as from the 01 April 2018. Source: The SARIPA Education, Training and Development Committee MORE AMENDMENTS TO POLICY HOLDER PROTECTION RULES Draft amendments to the long and short-term insurance policy holder protection rules released for comment include conduct of business requirements for micro-insurance products. According to an accompanying statement, once in force the amendments will also align each set of rules with the 2017 Insurance Act; and provide for certain conduct-of- business-related requirements under the Long and Short-term Insurance Acts pending their repeal. Source: Legalbrief Today, 05 March 2018 HLOPHE PUNTS MEDIATION AHEAD OF LITIGATION Western Cape Judge President John Hlophe said political disputes did not belong in courts unless there was a serious violation of rights, reports News24. Political disputes were spoiling SA's jurisprudence, he said. 'They shouldn't be there. When we find for them (politicians) we are clever, when we find against them, we are fools,' added Hlophe. Speaking at a social justice conference in Paarl, Hlophe said he was a strong lobbyist for mediation, which he believed could be more efficient than litigation in certain cases. It could prevent opponents from being litigated out of pocket just to make a point, and the irreparable harm to relationships that some court cases caused. Hlophe said even the Marikana massacre, which started as a dispute over wages, could have been avoided with proper mediation if SA had an effective mediation system as well developed as China's. Hlophe said mediation was such a valuable method of resolving disputes that all judges in the Western Cape would be going on mediation training later this month. He was already finding success in mediating matters in chambers, particularly in drawn out RAF cases. He said the Department of 2 Health was also planning to make mediation a compulsory first step to settle medical negligence claims – the second largest number of civil cases in court after RAF cases. Hlophe said medical malpractice cases took years, when actually, all the patient wanted was an apology, compensation for pain and suffering, or repayment of lost wages. Hlophe cautioned against litigating out of pride, or 'to teach your neighbour a lesson'. If mediation was compulsory, he said, parties would be able to find each other. Mediator Laurie Greyvenstein said junior mediators charged around R500 an hour, and more senior mediators about R1 200 an hour, which was much cheaper than litigation. Source: Legalbrief Today, 07 March 2018 MUNICIPALITY CRACKS DOWN ON PUBLIC NUISANCE KZN South Coast residents face hefty fines or jail terms for a range of municipal offences in terms of a new nuisance and behaviour in public places bylaw implemented by the Ray Nkonyeni Municipality, says Times Select. In terms of the bylaw, which came into effect on 1 January, and covers the towns of Hibberdene, Margate, Port Edward, Port Shepstone and Southbroom, residents are prohibited from hanging their washing in public on fences, walls, balconies or verandas, and those caught relieving themselves in public, spitting, performing sexual acts, begging, appearing nude, drinking alcohol or being intoxicated and taking drugs will face fines of up to R25 000 or jail time. Furthermore, the bylaw prohibits people from lying or sleeping on a bench, seating place, street or sidewalk in a way that prevents others from using it. Residents are also not allowed to start or burn fires unless they are for the purpose of making a braai in permitted areas. Slaughtering of animals for cultural purposes, except in a free-standing residential property out of sight of the public and with written consent from the municipality, has also been banned, as has noise-making, littering and skating. Sleeping in a stationary motor vehicle except in an emergency, or residing in a motor vehicle for longer than 24 hours unless that person does so for resting after a long journey after using that vehicle, is also outlawed. The municipality's head of department for public safety, Sibusiso Nzimande, said their action plan was to get maximum enforcement of the by-law. He said since 1 January, in Margate alone more than 150 arrests of sex workers were recorded, and many arrests for drinking in public were made. Notices will be issued to buildings where washing was hung out. Source: Legalbrief Today, 07 March 2018 OFFICIALS TO LOSE SAME-SEX MARRIAGE REFUSAL OPTION? If a draft Civil Union Amendment Bill gazetted for comment comes into force, Department of Home Affairs marriage officers will lose the right to object to solemnising same-sex civil unions on the grounds of conscience, religion, or belief – as provided for in section 6 of the principal statute. According to a memorandum on the draft Bill’s objects, not only does this provision fly in the face of the 1961 Marriage Act; it also violates section 9(3) of the Constitution (equality). The proposed new statute was initiated by Cope MP Deidre Carter and lodged with National Assembly Speaker Baleka Mbete towards the end of January. Source: Legalbrief Today, 07 March 2018 JSE LISTING REQUIREMENT AMENDMENTS Once in force, proposed amendments to the JSE’s listing requirements recently released for comment will give the institution discretionary powers in respect of ‘any form of restricted transferability’ envisaged by an applicant issuer. ‘Issuer trading with restrictive transferability provisions’ is apparently ‘not a concept foreign to the JSE’, which has applied the model to its ‘black economic empowerment segment’ with the support of the legislation concerned. Source: Legalbrief Today, 07 March 2018 JUDGE SCATHING OF CCMA'S SEXUAL ASSAULT RULING A Labour Court judge was scathing of a CCMA commissioner who re-instated a mine engineer who was sacked after sexually harassing a colleague, says TimesLIVE. The 'misogynistic, patriarchal and insensitive' approach of commissioner Josias Maake was 'beyond comprehension' said Judge Edwin Tlhotlhalemaje, scrapping the re- instatement of Rustenburg Platinum Mines engineering specialist Steve Pietersen. He also overturned the order that Pietersen should get R576 000 in back pay. Pietersen was fired after a boilermaker reported that for eight years he had asked her for sex at least twice a month. Tlhotlhalemaje said Maake's approach to Pietersen's successful appeal to the CCMA, supported by the trade union United Association of SA, highlighted the need for commissioners to receive urgent training on sexual harassment cases in light of the various anti-abuse campaigns on the go. Tlhotlhalemaje said Pietersen's sexual harassment began at a company braai in 2007 when he suggested that if she slept with him he could help with her expenses. Later, he suggested they go on a training course so they could sleep together, and told her he 3 could help her to be promoted in return for sex. Maake's ruling said Pietersen's words did not amount to sexual harassment and 'at best, they appear to depict a love proposal'. 'Surely there can never be anything untoward for an employee to be attracted to a co-employee ... and to accordingly propose love.' Tlhotlhalemaje said he was shocked and horrified by Maake's words, adding a workplace should not ordinarily be confused as a 'find me love sanctuary or lonely hearts club'. Tlhotlhalemaje ordered the union to pay Rustenburg Platinum Mines' costs. Source: Legalbrief Today, 08 March 2018 PAYROLL DEDUCTIONS SYSTEM REFORMS MOOTED A payroll deductions system consultation paper developed by the South African Reserve Bank in liaison with National Treasury was released for comment. According to an accompanying media statement, it focuses on the collection of payments associated with financial products and services, seeking to protect affected employees from the ‘predatory or unfair lending and/or selling practices’ apparently often associated with both discretionary and voluntary payroll deductions in respect of: home, motor vehicle and ‘other types of personal loans’; and savings product and insurance premium deductions. This notwithstanding, the paper
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