The Law Society of South Africa (LSSA) and De Rebus support the Road Accident Fund's (RAF's) initiative to eradicate fraud and unethical behaviour by attorneys and other role players. However, it should be noted that the fraud is not one sided. The RAF's advert on p 21 is a clear message that the fund is on a drive to root out corruption; the same message should be applicable to the RAF's own staff as the entire chain of corruption must be eradicated.
The legal profession is mourning the loss of former Chief Justice Pius Langa (74) who died on 24 July 2013. A memorial service was held for Justice Langa on 1 August at the Durban City Hall and he was buried on 3 August after a service at the same hall.
The 26th annual labour law conference was held at the Sandton Convention Centre last month. This year's theme: 'Employment, the economy and growth: The implications for Labour Law,' examined the impact of the prolonged global economic crisis on labour law and the need for the South African economy and labour market to develop tools to address these challenges. The conference was jointly organised by the universities of Cape Town, the Witwatersrand and KwaZulu-Natal.
Justice Minister Jeff Radebe has released a report on the outcome of intensive research done by the Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters (Mattso). Mattso was commissioned to investigate the viability of re-establishing sexual offences courts in June 2012. Minister Radebe said that the report was one of the initiatives that seeks to bring improvements in the manner the courts deal with sexual offences cases.
In December 2009, De Rebus launched De Rebus Digital as a trial run. In the article 'De Rebus Digital in action' (2009 (Oct) DR 10) we reported on statistics on the readers, however, the latest analysis by the Digital Publications website shows that De Rebus Digital's readership is growing.
LSSA comments on draft National Credit Amendment Bill
Submissions made for increase in monetary jurisdiction of the magistrates' civil district and regional courts
Law societies sign MoUs with FIC
Your FICA questions answered on DVD
Pretoria Synergy Link forged
In terms of s 3 (2) of the State Liability Amendment Act 14 of 2011 (SLAA), that came into operation on 30 August 2011, the state attorney or attorney of record appearing on behalf of the department concerned, must, within seven days after a court order sounding in money against a department becomes final, in writing, inform the executive authority and accounting officer of that department and the relevant treasury of the final court order.
In HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 22227/2010, 10-5-2011) (Louw J) the respondent, Hotspice, was placed under provisional liquidation. This order was subsequently made final by Moses AJ in HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 22227/2010, 2-12-2011). The applicant was a sole proprietor owned by Plotz, a German citizen, whose locus standi was founded on a judgment awarded in the Western Cape High Court by Le Grange J in HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 6650/04, 9-1-2009). That judgment was for damages arising ex contractu and was awarded to the plaintiff cited therein as 'HUV Cape Spice, a private company with limited liability duly incorporated and registered as such, in accordance with the companies law of Germany, with registration number 1804626808 and having its principal place of business at AM-Hafen 3, 25548, Kellinghusen, Germany'. Plotz testified that he was a director of the plaintiff company and represented it in its contractual dealings with Hotspice.
Almost all human actions or activities have the potential to bring about damage and/or loss. In contract law, there are various mechanisms available that serve to reduce the exposure and probability of loss resulting from some of these activities. On a daily basis lawyers are confronted with the task of advising clients on which mechanisms to impose in order to minimise loss. It is important for a lawyer who has been tasked in this way to have a clear understanding of the nature and effect of each risk-mitigating mechanism so that clients are adequately protected against risk. This article aims to elucidate on suretyships, guarantees, warranties, indemnities and insurance as means of mitigating or reallocating risks.
University law clinics play an important role in training law graduates for the legal profession. Law clinics are traditionally understood to have two main objectives: Teaching law students the practice of law; and providing free legal services to indigent members of the community. However, they are now also focusing on introducing law graduates to the legal fraternity. They do so by recruiting candidate attorneys who are then allocated supervisors - clinicians who are lawyers within those law clinics - to train and prepare them for the practice of law. It is important that such candidate attorneys receive adequate supervision within these law clinics.
The question whether a municipality's lien survives the transfer was put to counsel by the Bench of the Supreme Court of Appeal in the matter of City of Tshwane Metropolitan Municipality v Mathabathe and Another 2013 (4) SA 319 (SCA).