Attorneys have long been unhappy with the 'blacklist', a monopolistic tool used by advocates to ensure that their fees are paid. However, they differ on the means that should be employed to get rid of the blacklist. Some believe that a deal should be struck with the Bar, while others believe a tougher approach is the way to go. Yet others believe the system will die a natural death. The difference of opinion was highlighted at the annual general meeting of the Law Society of the Transvaal towards the end of last year, when a proposed deal with the advocates was convincingly rejected (see 1996 DR 779-780).
Two aspects of the recent international conference of the Australasian Professional Legal Education Council were particularly interesting for South African delegates. There were well-known speakers from all parts of the Commonwealth and the United States. Furthermore, Australia contains virtually all the possible methods of qualification for the legal profession within the boundaries of one country.
Section 14 of the Deeds Registries Act 47 of 1937 provides that transfers of land and cessions of real rights therein shall follow the sequence of the successive transactions in pursuance of which they are made. It is of no consequence whether the transaction is a sale, donation or an exchange of land or a real right over the land; or whether the sale, donation or exchange is a right to claim transfer, or whether it is an actual cession of a right to claim transfer. What is of importance is whether - at the time of transfer or cession - there is more than one transaction or testamentary disposition in respect of the same property. This being the case, execution has to be given to the preceding transactions in the sequence in which the transactions, or testamentary dispositions took place.
In attempting to identify the basic defects it should be remembered that the primary objective of the legislation is to afford the victim of a motor vehicle accident the protection he deserves and that the system was primarily devised to protect the victim against the danger of non-recovery (see the judgment of Ramsbottom JA in Aetna Insurance Co Ltd v Minister of Justice 1960 (3) SA 273 (A) and many successive judgments thereafter in which this principle was established). Apart from this consideration, the motoring public is entitled to demand that collected fuel levy funds are wisely and effectively spent.
Die Republiek van Suid-Afrika is die res van die Westerse wêreld ver agter met betrekking tot slagofferhulp in die algemeen en slagofferkompensasie in die besonder. In Suid-Afrika kan die slagoffer van misdaad met reg as die verlore seun van die regsplegingstelsel getipeer word. Die instelling van 'n sentrale kompensasiestelsel het in Suid-Afrika 'n dringende noodsaaklikheid geword. In ag genome die finansiële onvermoë van die meeste misdadigers om die slagoffers vir hulle misdade deur middel van 'n restitusiebevel te vergoed en die onrusbarende vlaag van geweld wat die land teister, is die reg van die slagoffer om sy skade by wyse van 'n siviele aksie te verhaal maar 'n skrale troos.
Clarity and simplicity help readers to 'hear' what you have to say Look at it this way. You are both a professional speaker and a professional writer. You doubt it"" You can't practise law without those skills. Nobody pays you to do legal research and then do nothing with it. Nobody pays you to work through the theory of your case and then keep it to yourself. You are a paid writer and speaker, which means you are responsible for being an effective communicator.