What is this beast called transformation? The word transformation, since the advent of democracy, has been used as a catch phrase to define a societal change needed in South Africa. As inequality was the status quo during apartheid, every sphere of the country from business to government needed to transform so that it was generally representative of the demographics of the country. The Oxford Dictionary defines the word 'transformation' as: 'A marked change in form, nature, or appearance.' In relation to the law profession, what does the term actually mean? Does it only relate to the 'appearance' of the profession? In my view, the term has a much deeper meaning than just the colour of the profession.
Public Protector, Thuli Madonsela, hosted her Swedish counterpart, Chief Parliamentary Ombudsman, Elisabet Fura, during a roundtable discussion on the role of the ombudsman on 7 October in Pretoria. The Dean of Law at the University of South Africa, Professor Rushiella Songca was also part of the discussion.
Modern day advances in technology allow consumers to be contacted anytime day or night via e-mail, SMS and telephone calls. The Consumer Protection Act 68 of 2008 (CPA) seeks to regulate such communication by advertisers by empowering the consumer to restrict unwanted direct marketing.
As a professional indemnity insurer to the profession, the Attorneys Insurance Indemnity Fund is notified of many and varied instances of fraud perpetrated against attorneys by outsiders and employees alike.
Legal representatives acting on behalf of developers in opening sectional title registers display a fair amount of dexterity when faced with what could be thought of as boundless discretion when drafting the rules of the scheme. Indeed it has become commonplace to peruse rules that display blatant, and almost disingenuous bias towards the developer, and patent prejudice to the body corporate.
The Centre for Applied Legal Studies (CALS) in partnership with the Foundation for Human Rights has released its final research report on the Transformation of the Legal Profession project. The research was conducted from 15 February to 31 August. The research indicates that across the profession in Gauteng, lawyers are experiencing a range of hostility and exclusionary conduct based particularly on race and gender. CALS believes that this hostility is causing the stultification of excellence and the effective repression of talent in the profession. De Rebus news editor, Nomfundo Manyathi-Jele, analysed the findings and compiled this article.
Section 33(1) of the Constitution guarantees every citizen the right to a lawful, reasonable and procedurally fair administrative action.
Section 33(3) further enjoins the legislature to enact legislation to give effect to the right referred to in s 33(1). The Promotion of Administrative Justice Act 3 of 2000 (PAJA) became the Act envisages in s 33 of the Constitution.
There are employers in South Africa who deduct retirement fund contributions from their employees' salaries but fail to pay them over to the relevant retirement funds as mandated by s 13A and reg 33 of the Pension Fund Act 24 of 1956 (the Act). Some employers also fail to register their employees with relevant retirement funds despite being participating employers to such funds (Moloantoa v The Private Security Sector Provident Fund and Others (PFA) (unreported case no PFA/00001982/2013/TKM)).
September 2014 (5) South African Law Reports (pp 1 - 316);  3 All South African Law Reports August no 1 (pp 259 - 393); and no 2 (pp 394 - 526); 2014 (7) Butterworths Constitutional Law Reports July (pp 741 - 867)
The case of Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC) involved an application concerning the refusal by the board of the first respondent (GHS) to approve a transfer by the applicant (VC) to the second respondent (MC) of the shares held by VC in GHS. As such, VC sought to compel GHS to register the transfer by claiming relief in terms of s 163 of the Companies Act 71 of 2008 (the Act).