On 20 April The Constitutional Court, ruled against the Road Accident Fund (RAF) in a matter pertaining to foster care grants. In Coughlan NO v Road Accident Fund (CC) (unreported case no CCT 160/14, 20-4-2015) the court ruled in a unanimous judgment that the foster care grants a grandmother received to support three children after their mother was killed in a road accident do not absolve the RAF for loss of support. The ruling upheld an appeal by a curator on behalf of the children who have now reached the age of majority.
The Law Society of South Africa (LSSA) held a press conference to address statements made by Minister of Health, Dr Aaron Motsoaledi, on the role of attorneys in medical malpractice claims. The press conference was held in Durban on 19 March prior to the LSSA's annual general meeting. Present at the press conference were outgoing Co-chairpersons Max Boqwana and Ettienne Barnard, as well as incoming Co-chairperson Busani Mabunda.
The Law Society of South Africa (LSSA) held its 17th annual general meeting (AGM) in Durban on 20 and 21 March. The well-attended AGM coincided with Human Rights Day. On the first day of the AGM Justice Minister, Michael Masutha, delivered the keynote address, while former United Nations Commissioner for Human Rights, Judge Navi Pillay, delivered the keynote address on the second day.
Former Minister of Finance and Minister in the Presidency, Trevor Manuel delivered the Archie Gumede Lecture at a dinner in Durban as part of the Law Society of South Africa's (LSSA) AGM held on 20 March. Other speakers of the evening included, the Premier of KwaZulu-Natal, Senzo Mchunu; Member of Parliament, Don Gumede; outgoing LSSA Co-chairperson, Max Boqwana; and Paul David who was Archie Gumede's friend.
On 21 March, Human Rights Day, the first speaker of the 17th annual general meeting (AGM) of the Law Society of South Africa (LSSA) former United Nations High Commissioner for Human Rights, Judge Navi Pillay, delivered the keynote address.
Johannesburg advocate Kgomotso Moroka SC and Port Elizabeth attorney and former Cochairperson of the Law Society of South Africa (LSSA) and president of the National Association of Democratic Lawyers (NADEL), Max Boqwana have been appointed as the chairperson and deputy chairperson of the National Forum. The appointment was made at the first meeting of the members of the National Forum on the Legal Profession that was held at Kempton Park on 31 March 2015.
The Attorneys Fidelity Fund (AFF) officially opened its building in Centurion on 25 March. The keynote address was delivered by Judge President of the Gauteng Division of the High Court, Judge Dunstan Mlambo. Other speakers of the day included CEO of the AFF Motlatsi Molefe and former Chairperson of the AFF CP Fourie.
SADC Lawyers' Association participated in a co-ordinated civil society election observation mission to Lesotho for the National Assembly Elections held on 28 February 2015. The mission was in conjunction with the SADC Council of Non-Governmental Organisations and the Media Institute of Southern Africa. These much anticipated elections were held to ease political instability in the country following an attempted coup in 2014 and stalled peace talks between deadlocked political parties. This followed a breakdown in the coalition government after only two and a half years of ruling the country.
I would like to bring to the attention of attorneys an issue that I consider to be highly relevant in the context of trust law. As far as I have been able to ascertain, attorneys most often accept the appointment as an independent outsider trustee without really considering the ramifications of this acceptance - they do so in order to accommodate their client, although they may have very little experience with trusts and trust law. They take on a risk that is not commensurate with the remuneration they might receive.
Social media has taken the communications world by storm. There has never been an easier and more accessible means of interacting with a worldwide audience than now. The internet and social media sites are becoming breeding grounds for potential defamatory conduct amounting to online defamation.
'Reckless lending continues unabated' says Angelique Arde in the Star 14-2-2015. The cause of the Marikana revolt, is the impoverishment of lowly paid and over indebted mine workers that is in turn due to the excessive Emolument Attachment Orders (EAO) issued against their wages, is the opinion of Bobby Godsell, the previous CEO of Anglogold Ashanti Limited (Rene Vollgraff 'Don't let employer collect debts, says Godsell' 4-11-2013 Mail & Guardian (www mg.co.za/article/2013-11-04-ex-anglogold-ceogodsell-wants-ban-on-garnishee-orders/, accessed 13-4-2015).
The status of Muslim Marriages in South Africa has, since 1990, been the subject of ongoing investigation and discussion by the South African Law Reform Commission. The Muslim Marriages Bill was published in 2000 (www.justice.gov.za/legislation/bills/2010_muslim-marriages-bill.pdf, accessed 13-4-2015), but is still subject to intense debate in the Muslim community and as such has not yet been passed.
March 2015 (1) South African Law Reports (pp 1 - 328);  1 All South African Law Reports February no 1 (pp 261 - 392); and no 2 (pp 393 - 524); 2015 (2) Butterworths Constitutional Law Reports - February (pp 127 - 182)