Since the enactment of the Legal Practice Act 28 of 2014 in September 2014, reasonable progress has been made. To recapitulate, the organised legal profession has entered the transitional phase of the Legal Practice Act. During this phase, the National Forum on the Legal Profession (NF), which was established in terms of ch 10 of the Legal Practice Act - which was enacted earlier this year - is tackling its tasks to iron out all issues and ensure a smooth handover to the envisaged legal Practice Council (LPC). The NF will be in existence for a period not exceeding three years from February 2015. This transitional phase is the first phase of implementing the Legal Practice Act, with the second phase following once the NF has completed its duty.
The Department of Justice and Constitutional Development in partnership with the Foundation for Human Rights held a two-day national colloquium on constitutional education and awareness. The colloquium was held at the St George Hotel in Kempton Park at the end of July.
The National Association of Democratic Lawyers (NADEL) has launched a research project focused on gender transformation of the legal profession. The project was launched in Cape Town on 25 July. The theme for the project launch was 'NADEL Moving the Women Agenda Forward'.
The Foundation for Socio-Economic Justice, the International Commission of Jurists, the Lawyers for Human Rights and a number of other organisations hosted a welcome back dinner for the recently released Swazi human rights lawyer Thulani Maseko and the Nation magazine editor, Bheki Makhubu, at the Kutlwanong Democracy Centre in Pretoria on 16 July.
The Law Society of the Northern Provinces (LSNP) has issued a press release stating its concern regarding media reports suggesting that Communications Minister Faith Muthambi's legal adviser, attorney Lugisani Mantsha, was struck from the roll of attorneys on application by the LSNP in 2007 and that he was, therefore, not regarded as a credible witness before the Communications Portfolio Committee.
The National Forum on the Legal Profession (NF) - established in terms of ch 10 of the Legal Practice Act 28 of 2014 will meet for the third time on 19 September since its launch in February this year (see 2015 (May) DR 12).
In 1988 the Council of the then Association of Law Societies (ALS) - the forerunner of the Law Society of South Africa (LSSA) - resolved to launch a pilot course for a six-month, full-time legal training school in Pretoria in 1990. The aim of the pilot was to investigate an alternative to articles of clerkship. At that stage, Keith Wilson was the President of the ALS, Prof JC van der Walt was the Director of Legal Education and Tony Hutchinson chaired the ALS's Standing Committee on Legal Education. The Attorneys Fidelity Fund (AFF) would provide the funding for the school and no tuition fees would be charged.
Due to the extensive use of suretyship agreements within South Africa, certain terms have become standardised through years of repeated application. It is questionable, however, whether the frequency of use has led to an oversimplification of certain terms, causing some suretyship agreements to fall short of the most basic principles of early suretyship law.
Outsourcing of services, products or functions has become prevalent in today's contemporary business. This practice has proven to be effective, but it also brings risks that must be recognised and managed. It has become a key component of many businesses including law firms, partnerships and sole proprietors. With the rapidly changing political, economic, sociological, technological and legal environment, most entities outsource their services, products or functions to third parties or vendors vis-a-vis using in-house solutions. Practitioners in the legal fraternity are not an exception to this practice.
It is wise to first obtain the context of a problem before calling for corrective action in the form of stricter legislation or additional regulation. It is no use putting in place more rules when a problem can be addressed by the existing framework.
Violence committed by individuals with mental illness is a problem in the community. It was foreseeable that the legislature would introduce measures intended to prevent such violence. Section 40 of the Mental Health Care Act 17 of 2002 (the Act) deals with the apprehension and detention of violent persons suffering from mental illness is such a measure. However, it is important to guard against the abuse of such measures as it has consequences, one of which is a civil remedy for unlawful apprehension and detention. The remedy is discussed in detail in this article.
When dealing with a claim for future medical expenses in a personal injury claim, one finds that future medical expenses are sometimes subdivided into further categories namely, surgical expenses, emotional and psychiatric expenses and future treatment, such as medication. The question of future surgical expenses proves to be a problem as it entertains the probability of the occurrence of an uncertain future event.
It is trite law that mens rea (either dolus or culpa) is an indispensable element for a crime that pertains to the infliction of bodily harm. This could sustain a charge of either assault or murder, depending on the result that eventuated. For both crimes, intention is a necessary element. However, murder has a culpa-cousin, in the form of culpable homicide, but for assault, there is no culpa variant. Why not?
July 2015 (4) South African Law Reports (pp 1 - 328);  2 All South African Law Reports June no 1 (pp 517 - 656); and no 2 (pp 657 - 744);  3 All South African Law Reports July no 1 (pp 1 - 130); and no 2 (pp 131 - 254).
In this article a simple illustration is first given of the concepts of semi-privatisation and privatisation. Secondly, common law duties and fiduciary duties of directors under the Companies Act 71 of 2008 (the Act) are discussed. Lastly, the case of Kukama v Lobelo and Others (GSJ) (unreported case no 38587/2011, 12-4-2012) (Tshabalala J) is cited in terms of the far-reaching ramifications on directors in light of deterring directors from engaging in illicit outflow of capital activities.