As it has been published in previous issues and the current issue of De Rebus, the Legal Practice Act 28 of 2014 was promulgated in September last year. During the annual general meetings of the KwaZulu-Natal Law Society (see 11) and the Law Society of the Northern Provinces (see 13), late last year, Minister of Justice and Correctional Services, Michael Masutha, spoke comprehensively on the LPA. Minister Masutha announced that the first phase of implementing the LPA, which is chap 10, will be put into place early this year.
Supreme Court of Appeal President, Justice Lex Mpati, chose to focus closely on two aspects of the Constitution that impact on the daily work of attorneys in his address to Cape practitioners at the annual general meeting (AGM) of the Cape Law Society in Port Elizabeth in November last year these were:
A professional disposition that takes into account the Constitution on the one hand.
The need for practitioners to provide pro bono assistance in civil matters on the other.
The Attorneys Development Fund (ADF) held its first annual general meeting at OR Tambo International airport in late 2014. In his chairperson's report, the acting chairperson, David Bekker gave a brief history of the ADF. He said that the ADF was incorporated on 21 September 2010. The first chairperson, Thoba Poyo-Dlwati served as chairperson until her appointment to the Bench in July 2014.
The KwaZulu-Natal Law Society (KZNLS) held its annual general meeting (AGM) late last year in Durban. Speakers at the AGM included Minister of Justice and Correctional Services, Michael Masutha; Manager of the Attorneys Development Fund (ADF), Mackenzie Mukansi; General Manager of the Attorneys Insurance Indemnity Fund (AIIF), Thomas Harban; Vice-chairperson of the Attorneys Development Fund (AFF), Muke Kheswa and Co-chairperson of the Law Society of South Africa (LSSA), Ettienne Barnard.
The Law Society of the Northern Provinces (LSNP) held its annual general meeting (AGM) at Sun City late last year. Speakers included Judge President of the Gauteng Division of the High Court, Judge Dunstan Mlambo; Minister of Justice and Correctional Services, Michael Masutha and Political and Policy Analyst, Theo Venter.
Towards the end of 2014 the Western Cape branch of the National Association of Democratic Lawyers (NADEL), in partnership with Foundation for Human rights, held a seminar at the Cape Law Society offices. The theme of the seminar was 'Gender Transformation within the Legal Profession'.
This year high school learners from all over South Africa participated in the 4th Annual National Schools Moot Court Competition (NSMCC). This is a non-profit initiative supported by the University of Pretoria, Centre for Human Rights at the Faculty of Law.
LSSA suggests changes to refugee regulation form to protect applicants
Law association chief executives meet in Cape Town
LSSA engages with Specialist Committee on Company Law to improve Companies Act
LSSA comments on RAF Amendment Bill; raises questions on consultation regarding acceptable tariff for private sector health care
LSSA hosts Egyptian electoral study delegation
The principle of subrogation is well established in South African law and allows an insurance company to litigate under the name of the insured for the recovery of damages incurred. Any judgment obtained for, or against, the insured is thereafter settled by the insurance company, subject to the terms and conditions of the agreement of insurance entered into between the parties.
Attorneys are asked to take note that with effect from 1 March 2016 it will become mandatory for practitioners to pay over interest earned on trust current banking accounts to the Attorneys Fidelity Fund (AFF), via the appropriate collecting law society, on a monthly basis. This amounts to a refinement on the present position whereby practitioners are obliged to pay over such interest annually. The authority for the change is contained in reg 8(1) to the Attorneys Act 53 of 1979 (the Act).
Businessdictionary.com succinctly defines it as 'monitoring and regulating of processes, or delegated activities, responsibilities, or tasks' (www.businessdictionary.com/definition/supervising.html#ixzz3IeymmSJU, accessed 28-11-2014).
Recent research by Global Research company, Euromonitor, estimates that over nine million dogs are kept as pets in South Africa. Dogs are kept for many reasons, including companionship, exercise and protection. (Roberto A. Ferdman and Christopher Ingraham 'South Africa is a dog country' 29-8-2014 IOL Online www.iol.co.za/lifestyle/family/friends/south-africa-is-dog-country-1.1727561#.VIk2XDGUeSo, accessed 10-1-2015.)
This article seeks to explain how South African courts have interpreted applications by owners to keep a pet within a sectional title scheme.
In the United States (US), 'stand your ground law' removes a duty to retreat from the elements of self-defence. It exists in American statutory law and sometimes through common law precedents. 'Stand your ground' laws effectively extend the 'castle doctrine' to any place someone has a right to be. The castle doctrine is a legal doctrine that designates a person's abode as a place in which that person has certain protections and immunities, ('for a man's house is his castle' Sir Edward Coke - 17th century jurist (The First Part of the Institutes of the Laws of England, or, A commentary of Littleton (London 1628)). Forty six US states have adopted the castle doctrine, stating that a person has no duty to retreat when their home is attacked. Twenty two states go a step further by removing the duty of retreat from other locations. Under such laws there is no duty to retreat from anywhere the defender may legally be.
A trade mark is a mark, word, name, sign, symbol, device or any combination thereof by means of which manufacturers may distinguish their products from the products of others. The law protects trade marks by allowing them to be registered and exclusively used by the trade mark holder. Traditionally marks are classified in order of descending strength, as arbitrary or fanciful, suggestive, descriptive or generic. Terms that are deemed generic are not entitled to trade mark protection because such words are in the public domain and available for all to use. A generic term identifies 'a type of product', not the source of the product, and is not entitled to legal protection. A generic term therefore serves to name the goods themselves, rather than the producer of the product.
This is one of the thorny issues between the owners of farms and occupiers of farms in South Africa. On the one hand, land owners feel that as owners of land they have a right to enjoy undisturbed use and ownership of their land. On the other hand, occupiers feel that as occupiers of land they have a right of security of tenure including the right to bury their deceased family members on land where they reside.
In principle, every company is required to comply with all of the unalterable provisions of the Companies Act 71 of 2008 (the Act), except to the extent that its Memorandum of Incorporation (MOI) imposes on the company a higher standard, greater restriction, longer period of time or any similarly more onerous requirement, than otherwise would apply to the company in terms of an unalterable provision in terms of s 15(2)(a)(iii) of the Act. An 'unalterable provision' is defined in s 1 as a provision of the Act that does not 'expressly contemplate that its effect on a particular company may be negated, restricted, limited, qualified, extended or otherwise altered in substance or effect by that company's Memorandum of Incorporation' or rules.
November 2014 (6) South African Law Reports (pp 1 - 312);  4 All South African Law Reports October no 1 (pp 1 - 146); and no 2 (pp 147 - 278); and  3 All South African Law Reports no 2 (pp 135)