In the next few months, De Rebus will be embarking on a process of redesigning its website so that it can be accessible on all platforms including tablets and smartphones. Readers will be able to bookmark the website on their devices to access it as an application. De Rebus wants to have frequent and current interaction with its readers; therefore the website will be updated regularly to give readers up-to-date information on the happenings of the legal profession.
The challenge is not on one - Matimba Hlungwane, attorney, Johannesburg
Response from Legal Education and Development - Nic Swart, Chief Executive Officer Law Society of South Africa, Director Legal Education and Development, Pretoria
How the RAF settles claims - the issue is broader than we may assume - Andries Nthebe, attorney, Leondale
The Minister of Justice and Constitutional Development, Michael Masutha, has appointed 11 members to serve on the newly constituted South African Board of Sheriffs. The term of office of the new board commenced on 2 March 2015 and it is for a period of three years.
The Law Society of the Northern Provinces (LSNP) has rescinded the suspension of r 30.2 and 31 to 43, which relate to the election of councillors. This decision came about after the LSNP convened a special meeting to deal with a number of proposed resolutions. The meeting was held on 26 February in Sandton. Johannesburg attorney, Anthony Millar, brought three motions for adoption before members of the LSNP.
The Justice Department officially launched the court-annexed mediation in Mahikeng on 16 February. The mediation service provides an alternative dispute resolution mechanism that allows for negotiated settlement between parties and alleviates litigation costs. When there is a dispute between parties, a mediator will facilitate discussions between them, assist in identifying issues and explore areas of compromise at a cheaper and fixed tariff.
The SADC Lawyers' Association hosted a workshop late last year to highlight and discuss research into the implementationof the SADC Protocol against corruption by member states. Participants included lawyers from all over southern Africa and representatives from trade unions and non-governmental organisations. Corruption was described as a 'chronic disease' in the region by one of the participants and no country had been spared its negative impact, with corruption causing problems such as denying school children text books to presidents benefitting from multi-million dollar business deals.
'Thank you very much for this opportunity to join you in the road to entrenching democracy in our country,' then Law Society of South Africa (LSSA) Co-chairperson, Max Boqwana, said to Electoral Commission dignitaries at a gala dinner hosted in Pretoria early in February. The dinner was held by the Independent Electoral Commission (IEC) to celebrate the beginning of the LSSA's electoral project to train observers for the 2016 municipal elections.
Although an increasing number of women graduate and comply with the School for Legal Practice programme, the profession does not retain a sufficient number of women in leadership positions, or women involved in education or other initiatives of the profession.
In May 2014 the Law Society of South Africa (LSSA) successfully launched its first election observer mission, deploying approximately 490 attorneys across South Africa to observe elections at their local voting stations.
Google Glass (a type of wearable technology with an optical head-mounted display. Google Glass displays information in a smartphone-like hands-free format (http://en.wikipedia.org/wiki/Google_Glass, accessed 10-3-2015)) and Smart Watches (wearable technology or wearables) became available to South African consumers for the first time in 2014. Since then consumers have wanted to know if they could be fined by traffic services for using these wearables while driving. The short answer is that no official view has been expressed by South African traffic services but this does not mean consumers are in the clear.
This contribution is a revision of an earlier contribution in 2012 (Aug) DR 20, made necessary by the subsequent promulgation of the Superior Courts Act 10 of 2013 (the Act) that came in to effect on 23 August 2013 as well as the consequent Supreme Court of Appeal (SCA) Practice Direction 2014 (the direction). More importantly, this revision is necessary due to persistent problems experienced at the SCA with applications for leave to appeal and criminal petitions.
At first glance, the legal practitioner might view court-annexed mediation with scepticism, if not finding the idea questionable that the intended mediation may prove to be beneficial, if not invaluable, to all concerned. Indeed many may feel mediation is a waste of time and rarely utilised successfully. Indeed the process of mediation can become a legal ornament if people do not buy into the process.
Mediation as an alternative form of dispute resolution received renewed attention with the court-annexed mediation rules being piloted at various magistrates' courts around South Africa and already provided for in r 37 of the Uniform Rules of Court governing the proceedings in the High Courts of South Africa. Being a voluntary process that allows the participants to control the course and outcome of their dispute, in a private and confidential setting, it seems to be the perfect solution to health care disputes for reasons that I will discuss below.
The Shifren principle came about in the Appellate decision of SA Sentrale Koop Graanmaatskappy Bpk v Shifren en Andere 1964 (4) SA 760 (A). This principle is set out in Brisley v Drotsky 2002 (4) SA 1 (SCA) as follows: 'contracting parties may validly agree in writing to an enumeration of their rights, duties and powers in relation to the subject matter of a contract, which they may alter only by again resorting to writing'. This principle more commonly known as the enforcement of non-variation clauses on parties namely, binding parties to non-variation clauses (entrenchment clauses).
February 2015 (1) South African Law Reports (pp 315 - 627);  1 All South African Law Reports January no 1 (pp 1 - 119) and no 2 (pp 121 - 259); 2014 (12) Butterworths Constitutional Law Reports - December (pp 1397 - 1513)