The admission supplements that accompany De Rebus twice a year record the names of many women completing articles and being admitted to practise as attorneys. The pages of this journal - in the 'People and Practices' section - depict an increasing number of women practitioners becoming, professional assistants, associates and senior associates at their firms. There are noticeably fewer photographs of women becoming partners or directors.
Deputy Minister of the Department of Justice and Constitutional Development, John Jeffery took office on 9 July 2013. Deputy Minister Jeffery was born in Mauritius and spent most of his childhood in George. He did not always want to become an attorney as he was interested in nature conservation. However, during high school he decided to study law. De Rebus news editor Nomfundo Manyathi-Jele met up with the deputy minister a month after his appointment to talk to him about life, his career and the Legal Practice Bill.
Redhill High School from Johannesburg has won this year's National Schools Moot Court Competition. The annual competition, which is in its third year, was held from 9 to 11 August. The semi-final round was held at the University of Pretoria (UP) and the finals were held at the Constitutional Court.
The gender committee of the Law Society of the Northern Provinces (LSNP) held a women's conference in Pretoria at the end of August. Under the theme 'Women in modern society: Towards the future', delegates discussed the under-representation of women in the judicial system, legal 'Monopoly', how men are coping in the changing world of women and ways women are branding themselves and boosting their careers.
President Jacob Zuma has signed the Superior Courts Bill 7 of 2001 into law. In a press release, the presidency states that the new Superior Courts Act 10 of 2013 will restructure the judiciary and integrate the courts, while enhancing equal access to justice.
President Jacob Zuma appointed the national director of Public Prosecutions, the head of the Special Investigating Unit, and the director of Public Prosecutions of the jurisdictional area of the KwaZulu-Natal Division of the High Court at the end of August 2013.
ProBono.Org recently held its fifth annual Women's Day Focus event at the Women's Jail at Constitution Hill where attorneys, advocates and mediators assisted women with their legal problems by offering free legal services.
The Environmental Law Association (ELA) held its annual conference at Salt Rock, KwaZulu-Natal in July. Approximately 80 people attended the event that was partially sponsored by publishers Juta and LexisNexis. The aim of the conference was to provide a platform for the discussion of a number of proposed legislative amendments, recent court decisions, policy changes, administrative procedures and new developments on international and regional level that may have potential implications for the direction and future of environmental law development and decision-making. These issues were addressed by an array of presenters representative of the academic fraternity and legal practice across South Africa.
The Oliver R Tambo Law Library at the University of Pretoria, in partnership with the South African Legal Information Institute (SAFLII) and the Constitutional Court Trust recently launched a project to consolidate all South African legislation on one website. The website will supply all information free of charge to the public.
LSSA raises problems experienced by foreign nationals with banking sector
LLB Task Team : five years the way to go
Aviation focussed Synergy Link takes off
LSSA Labour Law Committee meets with Labour Court Judge President
The 'Trustline' campaign : promoting trust and ethics in our profession
The Older Persons Act 13 of 2006 (the Act), regulations, forms and national norms and standards (NN&S) commenced on 1 April 2010 replacing the Aged Persons Act 81 of 1967 as amended. The aim of the Act is laudable, since it recognises the plight of the elderly and that they should be empowered and protected and that their status, well-being, safety, health and general well-being should be looked after. An older person is, in the case of a male, when he is older than 65 years of age and, in the case of a female, when she is older than 60 years of age.
It is not uncommon for a client to approach an attorney with the challenge that a will is invalid. The reasons for such a challenge may vary from a formal shortcoming to claims of foul play. This article provides a framework for practitioners by providing an overview of the possible reasons why a will may be challenged and a summary of the general principles.
The vexed topic of piercing the corporate veil under s 20(9) of the Companies Act 71 of 2008 (the Act) was discussed by the author in De Rebus in August 2012 (2012 (Aug) DR 22). Section 20(9) of the Act gives the courts a general statutory discretion to pierce the corporate veil. It was submitted in that article that there are some uncertainties regarding the interpretation and the scope of s 20(9) of the Act, such as -
the meaning of the term 'unconscionable abuse';
whether s 20(9) overrides the common law instances of piercing the corporate veil;
whether piercing of the veil is still to be regarded as an exceptional remedy that may be used only as a last resort; and
who an 'interested person' would be under s 20(9).
This article discusses how spouses married in community of property deal with their pension benefits on divorce. It will be shown that, initially, the pension interest of a member of a pension fund was not regarded as an asset in the joint estate, but the position was changed by the 1989 amendment to the Divorce Act 70 of 1979 (the Act). The 2007 amendments to the Pension Funds Act 24 of 1956 (PFA), which brought about the 'clean-break principle' when spouses divorce, will also be discussed to show that these amendments did not apply to all pension funds in South Africa; hence members of the excluded pension funds have approached the courts in order to force their funds to implement the clean-break principle.
An attorney often needs to liaise with or refer his or her clients to an independent valuer to determine the value of a business, whether owned by a legal entity, an individual or a partnership. This may be to assist a client wishing to sell a business to determine the value thereof, to determine value for purposes of resolving shareholders' disputes, to comply with the Companies Act 71 of 2008, for objecting to property valuations, or for a myriad other reasons.