About 35 years ago the first shots were fired in a battle which has culminated in the publication, last month, of regulations regarding the right to liquidate and distribute deceased estates. For the attorneys it was a fight against the encroachment upon their field - a field which they rightly regard as their preserve by virtue of their role as legal practitioners. It was a war to repel an invasion by unqualified persons, a war to restore the status quo. During the years the battleground shifted several times - from attempts to reach an amicable settlement, hearings by select Committees, legislation in Parliament to, eventually, a decision in the Cabinet. Most of the blows were dealt above the belt, although the same can hardly be said for the campaign to besmirch and slander our profession in the press and with the authorities. It is to our credit that none of us attempted to return the mud flung at us.
By virtue of the powers vested in me by section 30 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934), I, Petrus Cornelius Pelser, Minister of Justice, after consultation with the presidents of the several law societies, hereby make the regulations set out in the Schedule hereto.
Formerly in England as well as in Holland and in pre-Union days a notary had much more varied kinds of work than in the present day, the reason being that any kind of deed had to be drawn notarially in those days. In many respects, however, the law in regard to this has since been changed and many underhand or non-notarial deeds - e.g. wills - are now accepted when formerly a notarial deed was absolutely necessary.
In order to be admitted as a Notary Public a candidate is required to pass an examination conducted by a panel of at least two and not more than three examiners. These examiners are appointed by the Judge President of the Local Division to which application for admission will be made by the candidate.
The article in the May issue of De Rebus headed ""Judicial Criticism"" touches indirectly on a subject which for centuries past has engaged the attention of lawyers in those countries in which the Rule of Law has been the bastion hitherto of the freedom of the citizen.
Your minute apprising me that I have been honoured by appointment as ""pro deo"" Attorney to Mrs. Bagge has been handed to me by the lady concerned. I have investigated her cause and it appears that her reason for requiring a divorce is that she has met 'n steady middle-aged gentleman, a Mr. Pension, who wishes to unite with her in holy matrimony and devote his ample means to her comfort and support. As Mrs. Bagge says, this is too good an opportunity to miss.
Although statistics dealing specifically. with the problem of non-support are not available, it may be mentioned that the vast majority of prosecutions which are reflected hereunder were in connectionï¿½ with non-maintenance. It has been stated officially that prosecutions for ill-treatment; neglect or abandonment of children constituted only 1.8% and 2.80/0 of the total number of prosecutions for the years 1963/1964 and 1964/1965 respectively. The total number of prosecutions for 1964/1965 dropped by more than half as against those for 1963/1964.
Dit blyk dat daar nie sekerheid bestaan oor die vraag of daar voortgegaan sal word met die verskaffing van die jaarlikse volumes van die Wette van die Republiek van Suid-Afrika nie. Volgens inligting ontvang van die Departement van Justisie is daar nou in oorleg met die Staatsdrukker op die volgende prosedure besluit: (i) Vanaf die begin van 1969 sal elke wet in 'n afsonderlike staatskoerant gepubliseer word