The beginning of a year signals the time when most people make personal resolutions or goals they would like to achieve for the year. This year should be the year the profession endeavours to ensure that when dealing with their clients, colleagues, commissioners, judges, magistrates and the public they remain morally ethical and uphold the highest standards of the law.
The legal fraternity has been mourning the loss of 'one of the greatest moral compasses', former President Nelson Mandela, who died on 5 December at the age of 95. Former President Mandela was South Africa's first democratically-elected president, an icon of peace and reconciliation the world over and a lawyer at heart. He attended the University of Fort Hare and the University of the Witwatersrand, where he studied law. While in his first year, he was expelled from the University of Fort Hare after joining a student protest. He later completed his BA degree through the University of South Africa (Unisa), which he followed up with a law degree from the University of the Witwatersrand.
In December 2013, the Law Society of South Africa (LSSA) and its six constituent members joined the rest of the world in mourning the death of former President Nelson Mandela and celebrating his life and innumerable interventions in bringing true democracy to South Africa.
At the launch of the Dullah Omar Project against Genderâ??Based Sexual Violence in Durban at the end of November 2013, National Association of Democratic Lawyers (NADEL) members committed themselves to -
disseminating an information checklist to educate members of the public with regard to the importance of preserving evidence in gender-based violent crimes;
cooperating with stakeholders such as the South African Police Service (SAPS), the DNA Project and community caregivers to compile and disseminate information documents for the public;
empowering children so that the voices of child victims are heard through child leadership programmes;
promoting better communication and the empowerment of vulnerable and disabled victims of sexual crimes, including the availability of sign-language interpreters in courts as well as guidelines for the cross-examination of 'vulnerable' witnesses where improper examination by legal practitioners should be made a disciplinary offence; and
providing guidance to the SAPS on taking proper statements.
Cape Law Society
Law Society of the Northern Provinces
LSSA co-chairperson's mid-term report
Uniform rules for the profession and Legal Practice Bill
Constitutionalism in the SADC region discussed at the SADC LA AGM
Parliament's 2014 first term programme
LSSA commits to supporting Office of the Chief Justice and national court enhancement initiatives
Legal Practice Bill update
SAJEI training course for aspirant judges to be presented in June 2014
Professional examination dates for 2014
International Lawyers for Africa placements in London, Dubai or Paris: September 2014
The Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA) advances the Interception and Monitoring Prohibition Act 127 of 1992. The pre-amble of RICA discusses, among other things, regulating the interception and monitoring of communications and the execution of directions and entry warrants by law enforcement officers. No express mention is made of crime prevention throughout the pre-amble, though it is implicit that the rationale behind RICA is to effectively prevent crime andprosecute criminals.
The effect of the internet on our daily lives is undeniable. Recently we have even seen a court accepting service via Facebook. These changes raise new challenges for the legal system, one of which comes in the form of the Wayback Machine.
Since the inception of the Companies Act 71 of 2008 (the Act) in May 2011, the concept of business rescue remains rather contentious. It has been the alternative to liquidation of several well-known entities, such as 1time and Top TV. While some companies have struggled to get rescue proceedings off the ground there are a few success stories, but these remain in the minority. The limited two-year time frame since 2011 has shown that instituting such proceedings is fairly onerous given that the guidelines in ch 6 of the Act are not always clear and certain benchmarks are yet to be determined.
There are four parties involved in pension fund administration, namely the trustees, the principal officer, the administrators of the fund and lastly the registrar of pension funds. This article will deal with administration by the trustees, followed by the principal officer, the administrators and, finally, the registrar of pension funds.
For many decades The South African Law of Evidence (formally Hoffmann and Zeffertt) (Durban: LexisNexis/Butterworths) took pride of place in libraries of legal practitioners and students alike. It is refreshing, and long overdue, that a new reference book on the law of evidence in South Africa has been published.