The recent synergy between the profession and the law deans regarding the vital importance of inculcating ethics into future legal practitioners is a welcome one. In fact, some law academics are of the view that ethics should be infused into every course in the LLB curriculum, and should not be confined to a specific, brief module.
The Law Society of the Northern Provinces (LSNP) held a free workshop for its members on the Legal Practice Bill (the Bill), costs and fees in Pretoria on 1 July where delegates discussed the Bill, the regulation of legal practitioners, the Legal Practitioner's Fidelity Fund as well as the issues of costs and contingency fee agreements.
The Department of Transport and the Road Accident Fund (RAF) held a workshop on the Road Accident Benefit Scheme Bill (RABS Bill) in Centurion in June. The workshop formed part of the public consultation process on the Bill that was published in GenN337 GG37612/9-5-2014.
In July, at a meeting of its Management Committee (Manco), the Law Society of South Africa (LSSA) resolved that the council of the KwaZulu-Natal Law Society (KZNLS) should resume its functions immediately. This came after the director of the KZNLS, Gavin John, issued a notice to members informing them that due to a dispute between members of the KZNLS council, the society had become 'dysfunctional' pending resolution of the dispute by the LSSA.
ProBono.Org recently held an information-sharing seminar to launch its One-Child-a-Year campaign. Through the campaign, ProBono.Org aims to secure legal representation for children in need and to get attorneys and advocates to oversee and monitor the entire process of ensuring the child's wellbeing. Volunteers are asked to make at least one-year's commitment to a matter involving one child. The lawyer will be tasked to ensure that he or she represents the child at court and that the case is properly finalised in the interests of the child.
Swaziland : Thulani Maseko and Bheki Makhubu remain in detention
Zimbabwe : Alignment of the country's laws with the new Constitution
Mozambique : The RENAMO threat ahead of elections
Zambia : The Constitution-making process has stalled
Tanzania : Constitution-making process in progress
SADC Bar leaders meet in Johannesburg
In terms of the rules of the various law societies, there is a requirement on the part of all practitioners to account to their clients (see: Cape Law Society - r 13.11 and r 13.12; Law Society of the Free State - r 16.8 and r 16.9; KwaZulu-Natal Law Society - r 20(7) and r 20(8); and Law Society of the Northern Provinces - r 68.7 and r 68.8).
Is para (c) of the definition of 'occupier' under the Extension of Security of Tenure Act 62 of 1997 (ESTA) consistent with the provisions of the Constitution, especially ss 9, 10, 22, 25, 29, 30 and 31?
On 5 December 2013 the Constitutional Court heard urgent applications brought by two informal trader organisations for urgent relief. The South African National Retail Traders Association (SANTRA) and the South African Informal Traders Forum (SAITF) approached the Constitutional Court as a result of a judgment handed down in the High Court, Gauteng Local Division, by Monama J.
In footnote 26 to the minority judgment by Froneman J in the recent case of National Union of Public Service and Allied Workers obo Mani and Others v National Lotteries Board 2014 (3) SA 544 (CC), the court held that '[a]s a result of the Constitution Seventeenth Amendment Act of 2012, this right of appeal to the Supreme Court of Appeal no longer exists'. In the same footnote, the court went on to say that '[s]ection 168(3)(a) of the Constitution now reads: "The Supreme Court of Appeal may decide appeals in any matters arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except in respect of labour or competition matters to such extent as may be determined by an Act of Parliament"'.
In recent years, technology has revolutionised the way we communicate, the way business is transacted and ultimately the way lawyers practise law. The advancement of technology has created an entirely new source of evidence: Electronic evidence. The rising importance of this new brand of evidence has vastly outpaced the rate at which lawyers have adapted to this new reality.