The phrase 'lies, damn lies and statistics' has often been used to bolster weak arguments. I make this disclaimer upfront for readers who may have this reaction when scanning the statistics providing an overview of the attorneys' profession on page 20 of this issue. The profession has, like other institutions, veered from not capturing race and gender statistics for various reasons, to providing tentative information since 2008. It has been only in the past few years that concrete figures have begun to emerge on the attorneys' profession.
The Transport Department published a revised version of the Road Accident Benefit Scheme Bill, 2014 (RABS) in GenN337 GG37612/9-5-2014 and called on interested persons to submit comments. The deadline for comment was extended for a further 90 days from the original deadline of 8 July 2014.
The Law Society of South Africa's Legal Education and Development division (LEAD), in cooperation with the Justice Department's Gender Directorate, has provided training to women lawyers who are members of the South African Women Lawyers Association (Sawla) in ten centres across the country. Training was provided in litigation techniques, labour law, insolvency, the new Companies Act and business rescue at various centres.
There has been an uproar since July regarding the conviction and sentencing of Swazi human rights lawyer, Thulani Maseko and the editor of monthly publication, The Nation magazine, Bheki Makhubu, for articles published in the February and March editions of the magazine.
On 1 August the Courses and Distance Education section of the Legal Education and Development (LEAD) division of the Law Society of South Africa donated 15 school uniforms to children at Boschkop Primary Farm School in Pretoria.
The Judicial Matters Amendment Act 42 of 2013 came into effect in January this year. One of the amendments it effected was the insertion of s 46A into the Attorneys Act 53 of 1979 (the Attorneys Act). This new section confers powers of statutory prosecution on the Board of Control of the Attorneys Fidelity Fund (AFF) that, until this year, have been the preserve of the councils of the statutory provincial law societies.
Looking at many claims reported to the Attorneys Insurance Indemnity Fund (AIIF) my answer would be 'no' to both the above questions. In fact, most practitioners could also answer the question 'Can you trust your own memory?' in the negative.
The Intellectual Property Laws Amendment Act 28 of 2013 (the Act) will come into operation on a date to be fixed by the President by proclamation.
The Act in effect creates new forms of Intellectual Property (IP) and these and their protection can be viewed as res nova because no protection has previously existed for these particular forms of IP. However, these new forms of IP and their protection may be problematic in respect of interpretation for both practitioners and the courts in due course.
If company B goes into business rescue and secured creditor A does not have the largest voting interest, and is thereby unable to direct the business rescue process, a simple reading of s 152(1)(e) and s 152(2) of the Companies Act 71 of 2008 (the Act) would imply that a business rescue plan diminishing the security of the secured creditor can be adopted by a 75% vote of all creditors who voted. This situation is, however, mitigated by s 154(1) of the Act, but the extent of the mitigation is not clear.
July 2014 (4) The South African Law Reports (pp 1 - 317);  2 The All South African Law Reports June no 1 (pp 493 - 634); and no 2 (pp 635 - 726); 2014 (6) Butterworths Constitutional Law Reports June (pp 641 - 739); and 2014 (7) July (pp 741 - 867)
The High Court in Mthimunye v Minister of Justice and Constitutional Development and Others (unreported case no 61876/2012, 9-5-2014) (GP) (Hiemstra AJ) handed down a far-reaching judgment affecting the rights of maintenance creditors. The issue in dispute was the negligent conduct of the maintenance officials at a particular magistrate's court which resulted in the plaintiff (the mother of the children entitled to the maintenance benefit) not being able to attach a pension benefit paid to the debtor (the father). This note briefly examines the significance of the judgment and its practical consequences.
On 5 July 2014 President Jacob Zuma announced that, after careful consideration of all matters, he had decided to institute an inquiry into whether or not the National Director of Public Prosecutions (NDPP) Mxolisi Nxasana, was fit to hold office.