Graham and Others v Law Society of the Northern Provinces and Others (GNP) (unreported case no 61790/2012, 15-4-2014) (Mothle J)
In a recent decision, the North Gauteng High Court ordered that the Law Society of the Northern Provinces (LSNP) should resume its disciplinary hearing into the conduct of Ronald and Darren Bobroff of Ronald Bobroff & Partners Inc. The High Court judgment emphasised the role of statutory law societies. The question whether the LSNP had performed its duties was considered.
Litako and Others v S (SCA) (unreported case no 584/2013, 16-4-2014)
The law has many areas that are unclear and require a lucid mind and analytical bent in order to see the wood for the trees. Sometimes our courts take an issue which the common law both eloquently and concisely defines, and with one judgment create considerable confusion and uncertainty, as evidenced in this article.
National Director of Public Prosecutions and Others v Freedom Under Law (SCA) (unreported case no 67/14, 17-4-2014)
One of the first things that you learn when you enter law school is that our democratic system of government is characterised by a system of checks and balances and a separation of powers between the legislature, the executive and judiciary. This is to ensure accountability, responsiveness and openness, and to prevent these three branches of government from usurping power from one another. This division of state power between three distinctive institutions was introduced by Montesquieu, who is generally credited with devising the modern concept of separation of powers.
The purpose of this article is to acknowledge the launch, in October last year, of a forum for candidate attorneys, 'The Candidates' (the forum). The formation of this forum is a positive step towards the sustainability and growth of the attorneys' profession. This forum is competent to engage in the debate regarding the quality of the LLB degree. However, the forum should be structured in such a way that it does not become elitist, but is an inclusive body with adequate representation of candidate attorneys from public interest law firms, small and medium private law firms and commercial law firms. I specifically wish to address comments made by the guest speaker at the launch of the forum (2013 (Nov) DR 12). I will be arguing that those comments may perpetuate the stereotype that certain law firms employ candidate attorneys to advance their administrative duties without real effort to provide them with hands-on practical legal training to become well-rounded legal practitioners.
The fourth edition of this monumental work, Principles of Criminal Law is distinguishable from the previous edition in length, content and also appearance. In the preface the reason for this is adeptly explained, namely that the long chapter in its predecessor (ch 2) on the evolution of the South African criminal law has been omitted. This implies that a reader who needs a fuller or more comprehensive historical survey will, unfortunately, have to refer to a previous edition of this work. The same goes for the chapter on theories of punishment in the 2005 third edition (ch 4).