THE KWAZULU-NATAL LAW SOCIETY

---ooOoo---

R E P O R T O F T H E C O U N C I L

For the year

1st July 2015 to 30th June 2016

---ooOoo--

To be presented at the

ANNUAL GENERAL MEETING

of the Society to be held at

COASTLANDS UMHLANGA HOTEL, 329 UMHLANGA ROCKS DRIVE,

DURBAN

On

Friday, 14 October 2016

At 14:00

- 1 -

THE KWAZULU-NATAL LAW SOCIETY

(KZNLS)

Office, Library and Boardroom First Floor, 200 Hoosen Haffejee Street

PIETERMARITZBURG Telephone: (033) 345-1304 (8 lines)

Fax: (033) 394-9544 Complaints Department Fax: (033) 345-3028

Finance Department Fax: (033) 345-0254

Postal Address: P.O. Box 1454

PIETERMARITZBURG 3200

(DOCEX 25)

Durban Law Library & Conference Centre 11th Floor, Salmon Grove Chambers

407 Smith Street DURBAN

Telephone: (031) 3011-621 Fax: (031) 306-1938

E-Mail Addresses:

KwaZulu-Natal Law Society Office: info@lawsoc.co.za Director: director@lawsoc.co.za

Complaints Section: complaints@lawsoc.co.za Manager: Business Development – KZN (AFF): revisha@fidfund.co.za

Manager: Finance: financialmanager@lawsoc.co.za Libraries: help@lawlibrary.co.za

Bookkeeper: accounts@lawsoc.co.za Records Section: records@lawsoc.co.za

Practical Examinations: exams@lawsoc.co.za Curator Section: curator@lawsoc.co.za Audit Reports: rule21a@lawsoc.co.za

Articles & Admissions: articles@lawsoc.co.za Practice Support Officer – KZN (AFF): Cynthia@fidfund.co.za

Compliance Support Programme (CSP): sherry@fidfund.co.za

- 2 -

Website Addresses: KwaZulu-Natal Law Society: http://www.lawsoc.co.za

KwaZulu-Natal Law Society Library: http://www.lawlibrary.co.za

Fax Lines: Pietermaritzburg Library: 086-500-8555

Durban Library: 086-500-6929 Director: 086-500-9103

Director's Secretary: 086-6767-613 Complaints: 086-500-6602

Manager: Regulatory Affairs: 086-500-6890 Manager: Business Development – KZN (AFF): 086-500-8236

Manager: Finance: 086-644-2772 Manager: Corporate: 086-639-3978

Manager: Inspections – KZN (AFF): 086-517-3086 Records: 086-500-5744 Rule 21A: 086-500-6218 Accounts: 086-644-3881 Admissions: 086-500-7857

Curator: 086-646-5598

THE KZNLS AUDITORS

Business Account Audit: Mitchell's Chartered Accountant

Curator and Trust Accounts Audit:

Roshan Morar & Associates

- 3 -

MEMBERS OF THE KZNLS COUNCIL:

L.C. PETER, President (Durban) U. JIVAN, Vice-President (Durban)

C. PILLAY, Vice-President (Pietermaritzburg) M. STRAUSS, Vice-President (Durban)

E.B. ZACA, Vice-President (Pietermaritzburg) R.R. BADAL, Verulam

E.R. BARRY, Port Shepstone J.O. CHRISTIE, Pietermaritzburg M.A.A.S. ESSA, Pietermaritzburg

P. GOVINDASAMY, Pietermaritzburg S.A. JAZBHAY, Durban

N.S. KHANYILE-KHESWA, Durban G.J. McLACHLAN, Pietermaritzburg

E.A. MOOLLA, Chatsworth M. NELUHENI, Newcastle

X. NTSHULANA, Port Shepstone V.R.D. O'CONNELL, Durban

R.N. SCOTT, Pietermaritzburg P. SHAM, Stanger

P.F.D. TAKALO, Pietermaritzburg

DIRECTOR G.M. JOHN

MANAGER: REGULATORY AFFAIRS

P. MFUSI

DEPUTY MANAGER: REGULATORY AFFAIRS N. HARRIPERSAD

MANAGER: FINANCE

T. ZONDI

MANAGER: CORPORATE SERVICES R. GUNPATH

MANAGER: LIBRARY SERVICES

S.T. NGCOBO

- 4 -

KZNLS MEMBERS WHO SERVE ON THE COUNCIL OF THE LAW SOCIETY OF SOUTH AFRICA: L.C. Peter (President – Ex Officio) R.N. Scott (non-NADEL/BLA) K. Govender (NADEL) N.E. Memka (BLA) H. Munglee (NADEL) G.M. John (KZNLS Director) KZNLS MEMBERS WHO SERVE ON STANDING COMMITTEES & AD HOC COMMITTEES AND TASK TEAMS OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): STANDING COMMITTEES: Alternative Dispute Resolution (ADR) - M.F. Bulbulia (Durban)

- Ms U. Naicker (NADEL)(Port Shepstone) - Ms U. Pala (Ladysmith)

Audit & Remuneration Committee - A.H. Trikamjee (Durban)(Chairperson) (ex FINCOM) (ARC) - X. Ntshulana (NADEL)(Port Shepstone) Company Matters Committee - U. Jivan (Durban)

- P.S. Hay (alternate)(Pietermaritzburg) Competition Committee - E.M. Mbhele (BLA)(Pinetown) - H. Goga (NADEL)(Durban) - G. Gow (Durban) - H.J. Stephenson (alternate)(Durban) - L.C. Peter (alternate)(BLA)(Durban) Constitutional Affairs & - S.A. Jazbhay (Durban) Human Rights Committee - X. Ntshulana (alt)(NADEL)(Port Shepstone) Contingency Fees Committee - P. Govindasamy (Pietermaritzburg) Costs Committee - M.A.A.S. Essa (NADEL)(PMBurg)(Chairperson)

- 5 -

Criminal Law Committee - A. Maharaj (NADEL)(Durban) Deceased Estates, Trusts - H. Goga (NADEL)(Durban)(Chairperson) & Planning Committee - P.S. Hay (Pietermaritzburg) De Rebus Editorial Committee - No representative E-Law Committee - G.J. McLachlan (PMBurg)(Chairperson) - Ms M. Sosibo (NADEL)(Durban) - S. Dlamini (alt)(NADEL)(Port Shepstone) Environmental Affairs Committee - N.L. Brauteseth (Durban)

- I. Lax (NADEL)(Pietermaritzburg) Ethics & Rules Committee - K. Govender (NADEL)(Durban)(Chairperson)

- J.O. Christie (Pietermaritzburg) Examinations Committee - A.H. Trikamjee (Durban)

- Ms K. Seegobin (Pietermaritzburg) (Convenor Notarial Examinations) - Ms M. Masipa (Durban) - S.P. Mncwango (alternate)(BLA)(Durban) - G.M. John (KZNLS Director) Family Law Committee - S.W. Abro (Durban)(Chairperson) Financial Intelligence Centre Act - P. Sham (Stanger) Gender Equality Committee - Ms N. Zulu (Pietermaritzburg)(Chairperson) - Ms S.W. Abro (Durban) High Court Matters Committee - U. Jivan (Durban) - M.A.A.S. Essa (NADEL)(Pietermaritzburg) Immigration & Refugee Law - No representative Insolvency & Liquidation Matters - E.A. Moolla (Chatsworth) Intellectual Property Law Committee - J.H. Senekal (Durban)(Deputy Chairperson) Joint LSSA/AFF GATS - M.I.A. Ganie (Pietermaritzburg) (inc Foreign Qualifications)

- 6 -

Joint Committee of Attorneys - M.I.A. Ganie (Pietermaritzburg)(Chairperson) and Accountants - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - T. Zondi (KZNLS Finance Manager) Labour Law Committee - P.R. Hobden (Pietermaritzburg) - R. Ramdaw (alternate)(NADEL)(Newcastle) Legal Aid Committee - N.E. Memka (BLA)(PMBurg)(Chairperson) Legal Provident Fund Committee - I. Lax (NADEL)(Pietermaritzburg) - G.M. John (KZNLS Director) Liquor Matters Committee - B. Kruger (Greytown) - S. Dlomo (NADEL)(Port Shepstone) Magistrates' Court Committee - P. Sham (Stanger)(Deputy Chairperson)

- T.A. Tembe (BLA)(Durban) Practice Development Committee - P. Sham (Stanger)(Chairperson) - H. Munglee (NADEL)(Pietermaritzburg) - R. Singh (KZNLS Employee Representative) Pro Bono Committee - P. Govindasamy (Pietermaritzburg) - R. Gunpath (KZNLS Pro Bono Co-ordinator) Property Law Committee - J.O. Christie (Pietermaritzburg)(Chairperson)

- H. Goga (NADEL)(Durban) - Ms K. Peter (BLA)(Durban) Ms A. Gounden (Durban) - K.G. Mustard (alternate)(Pinetown)

Personal Injury Committee - M. Neluheni (Newcastle) Small Claims Court - No representative Legal Education Committee - R.R. Badal (NADEL)(Verulam)(Chairperson) - A.H. Trikamjee (Durban) Tax Matters & Exchange Control - M.I.A. Ganie (NADEL)(Pietermaritzburg)

- 7 -

GOVERNANCE COMMITTEES: Joint AFF/LSSA 46(b) Committee - A.H. Trikamjee (LSSA Fincom Chair)(Durban) (not a LSSA Standing Committee) Directors Committee - G.M. John (KZNLS Director) - H. Munglee (NADEL)(Pietermaritzburg) Management Committee 2016/7 - N.E. Memka (BLA)(Durban) - R.N. Scott (Pietermaritzburg) - X. Ntshulana (NADEL)(Port Shepstone) LSSA Council 2016/17 - X. Ntshulana (NADEL)(Port Shepstone) - R.N. Scott (Pietermaritzburg) - N.E. Memka (BLA)(Durban) - G. John (invitee)(KZNLS Director) - L.C. Peter (invitee)(KZNLS President)(Durban) - Ms N.S. Khanyile-Kheswa (invitee) (AFF Chairperson)(Durban) Constituent Members - G. John (KZNLS Director)

- H. Munglee (NADEL)(Pietermaritzburg) AD HOC COMMITTEES AND TASK TEAMS: Competition Commission Task Team - K. Govender (Durban) Legal Practice Act Task Team - No representatives (liaison between MANCO and LSSA National Forum Committees) International Affiliation and - No representatives Foreign Travel Committee Professional Interest Body - R.N. Scott (Pietermaritzburg) (Association) Task Team - X. Ntshulana (NADEL)(Port Shepstone) Joint Education Task Team - K. Govender (Durban) (previously LLB Task Team) National Efficiency Enhancement - K. Govender (Durban) Committee (NEEC) (member of National Operations

Committee)

- 8 -

KZNLS MEMBERS WHO SERVE ON THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: N.S. Khanyile-Kheswa (BLA)(Chairperson) P. Govindasamy (NADEL) E.A. Moolla (non-BLA/NADEL) E.R. Barry (non-BLA/NADEL) R.R. Badal (alternate) (NADEL) S.A. Jazbhay (alternate) (non-BLA/NADEL) KZNLS MEMBERS WHO SERVE ON THE COMMITTEES OF THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: Audit & Compliance Committee: E.A. Moolla. Bursary Committee: M.A.A.S. Essa (NADEL). Executive Committee: N.S. Kheswa (BLA). Finance Committee: E.R. Barry. Grants to Universities: P. Govindasamy (NADEL). Investment Committee: M.I.A. Ganie (Chairperson) & E.A. Moolla. Policy / Governance Committee: M.J. Ndlovu (Specialist Member: Ndlovu & Co. Holdings). Remuneration Committee: E.A. Moolla (Chairperson). Risk Committee: E.R. Barry (Chairperson) & R.R. Badal. Treasury Committee: M.I.A. Ganie (Chairperson) & Professor S. Perumal (Specialist: University of KZN).

- 9 -

KZNLS MEMBERS WHO SERVE ON VARIOUS OTHER COMMITTEES: Board of the Attorneys Development Fund: Primary KZN Member: G. McLachlan Alternate: D. Takalo Board of Directors: Attorneys’ Insurance Indemnity Fund: E.A. Moolla & M.A.A.S. Essa (NADEL). LSSA Representative on Judicial Services Commission: E.R. Barry (alternate). KZN Sheriffs Advisory Board: R. Whitehorn. School of Law Advisory Committee: G. McLachlan & F. Mohammed. Sectional Titles Schemes Management Advisory Council: J. Christie & H. Goga. National Forum Negotiation Team: P. Sham, C. Pillay (NADEL), L.C. Peter (BLA) & G. John (KZNLS Director). THE VARIOUS STANDING COMMITTEES OF THE KZNLS COUNCIL:

Executive Committee: L.C. Peter (BLA) (President) U. Jivan (non-NADEL/BLA) (Vice-President) C. Pillay (NADEL) (Vice-President) M. Strauss (non-NADEL/BLA) (Vice-President) E.B. Zaca (BLA) (Vice-President) KZNLS COMPLAINTS COMMITTEES: Complaints Committee No. 1 (Litigation): P.F.D. Takalo (Chairperson), U. Jivan, T. Sharma & M. Essack.

- 10 -

Complaints Committee No. 2 (Port Shepstone): E.R. Barry (Chairperson), X. Ntshulana, A.D. Ramasar & P. Preston. Complaints Committee No. 3: P. Sham (Chairperson), P. Govindasamy, A. van Lingen & F. Leppan. Complaints Committee No. 4: S.A. Jazbhay (Chairperson), M.A.A.S. Essa, N. Goodway & P. Dabideen. Complaints Committee No. 5: L.C. Peter (Chairperson), C. Pillay, C. Havemann & A. Arnott. Complaints Committee No. 6: R.R. Badal (Chairperson), M. Strauss, A. Myeni & A. Sewpersad. Complaints Committee No. 7: E.A. Moolla (Chairperson), E.B. Zaca, G. Pentecost & S. Taverner. Complaints Committee No. 8 (Conveyancing): G.J. McLachlan (Chairperson), J.O. Christie, A.G. Hartley & G. Duvenage. Complaints Committee No. 9 (RAF): N.S. Khanyile-Kheswa (Chairperson), R.N. Scott, N. Mnculwane & R. Ramkhelawan. Complaints Committee No. 10: V.R.D. O'Connell (Chairperson), M. Neluheni, R. Hoal & R. Jenkins. Audit Reports Complaints Committee No. 1: S.A. Jazbhay (Chairperson) & R.N. Scott. Audit Reports Complaints Committee No. 2: V.R.D. O'Connell (Chairperson) & M.A.A.S. Essa. Audit Reports Complaints Committee No. 3: N.S. Khanyile-Kheswa (Chairperson) & J.O. Christie. Audit Reports Complaints Committee No. 4: E.A. Moolla (Chairperson) & E.B. Zaca. Audit Reports Complaints Committee No. 5: M. Neluheni (Chairperson) & P. Sham.

- 11 -

Non-Response Complaints Committee No. 1: C. Pillay (Chairperson) & U. Jivan. Non-Response Complaints Committee No. 2: P.F.D. Takalo (Chairperson) & E.R. Barry. Non-Response Complaints Committee No. 3: X. Ntshulana (Chairperson) & R.N. Scott. Non-Response Complaints Committee No. 4: L.C. Peter (Chairperson) & G.J. McLachlan. Non-Response Complaints Committee No. 5: R.R. Badal (Chairperson) & M. Strauss. Estates Complaints Committee No. 1: E.A. Moolla (Chairperson), A.G. Jenkins & L.C. Peter. Estates Complaints Committee No. 2: R.R. Badal (Chairperson), S. Keshav & M.M. McCullough. Judges Complaints Committee (Durban): L.C. Peter (Chairperson), S.A. Jazbhay, V.R.D. O'Connell & R.R. Badal. Judges Complaints Committee (Pietermaritzburg): P. Govindasamy (Chairperson), E.B. Zaca, G.J. McLachlan, M.A.A.S. Essa & P.F.D. Takalo. Special Complaints Committee (Complaints about Councillors' Conduct): M.I.A. Ganie (Chairperson), T.A. Ngxingweni, C. Ngidi & M.Y. Baig. KZNLS STANDING COMMITTEES: Alternatives for Councillors: Statutory Alternate: Russell Frank Sobey. NADEL Alternate: Ilan Lax. BLA Alternate: Sthembiso Kunene.

- 12 -

Alternate Dispute Resolution Committee: S.A. Jazbhay, A. Sewpersad, M. Essack, P.F.D. Takalo, M.F. Bulbulia, A. Kallidee & U. Pala. Invitees to Committee: P. Dewes & C. James. Assessment Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, C. Pillay, S.A. Jazbhay & U. Jivan. Attorneys' Association Affairs Committee: J.O. Christie (Chairperson), A.G. Jenkins, A. Singh & M. Neluheni. Company, Tax and Commercial Committee: E.A. Moolla (Chairperson), U. Jivan, C. Ngubane & R. Naidoo (Rajan). Competition Law Committee: James Mphela (BLA), Rajan Naidoo (NADEL), U. Jivan & P.C.E. Andrew. Contingency Fees Committee: P. Govindasamy (Chairperson), M. Nxumalo, J.M. White & A. Kallideen. Criminal Law and Procedure Committee: E.B. Zaca (Chairperson), R.M. Ramkhelawan, J. Reddy, A. Chetty & H. Munglee. Environmental Affairs Committee: I. Lax (Chairperson), N.L. Brauteseth, K. Krishna & M.C. Brouckaert. Examining Committee: P. Govindasamy (Chairperson), R.R. Badal, J.O. Christie, M.A.A.S. Essa, R. Scott, P.F.D. Takalo, C. Pillay, G.J. McLachlan, P. Sham & E.B. Zaca. Family Law & Gender Committee: Mohammed Essack (Chairperson), C. Pillay, S.A. Jazbhay, S.W. Abro, M.O.R. Meiring, P.F.D. Takalo, J.A. Russell Maharaj, A. Sewpersad & Karen M. Botha. FICA Committee: G.J. McLachlan, P. Sham, S. Kunene, S. Meersingh, Director & Manager: Business Development.

- 13 -

Finance Committee: M.A.A.S. Essa (Chairperson), P. Sham (Deputy Chairperson), R.R. Badal, J.O. Christie, P. Govindasamy, R. Scott, P.F.D. Takalo, C. Pillay, E.B. Zaca, G.J. McLachlan & E.A. Moolla (Chairperson of the Investment Committee). High Court Committee: R.N. Scott (Chairperson), M.A.A.S. Essa, R.R. Badal, P. Sham, P. Marimuthu, M. Nxumalo, G.L. Seethal, L.C. Peter, U. Jivan & Justice G.N. Kruger (representing the JP). Human Resources Committee: R.N. Scott (Chairperson), P. Govindasamy, C. Pillay, P.F.D. Takalo, E.B. Zaca, X. Ntshulana, P. Sham, E.R. Barry, V.R.D. O'Connell & R. Gunpath (Manager: Corporate Services). Human Rights & Constitutional Development Committee: R.R. Badal (Chairperson), S.A. Jazbhay & T.A. Ngxingweni. Information Technology Committee: G.J. McLachlan (Chairperson), V.R.D. O'Connell, G.M. John (Director), K. Basson (I.T. Administrator) & M. Bruce (Website Administrator). Investment Committee: E.A. Moolla (Chairperson), M.A.A.S. Essa (Chairperson of the Finance Committee), P.F.D. Takalo, P. Hay, Steven Ikin, T. Zondi (Manager: Finance) & G.M. John (Director). Labour Law Committee: R.N. Scott (Chairperson), P.R. Hobden, R.D. Haslop, P.O. Jafta, A. Sewpersad & A. Dorasamy. Legal Aid Committee: R.R. Badal (Chairperson), P. Sham, S.G. Nzimande & M. Memka. Legal Education Committee: R.R. Badal (Chairperson), S. Kunene, J.O. Christie & P. Sham. Library Committee: G.J. McLachlan (Chairperson), C. Pillay, P. Sham, E.A. Moolla, I. Blose, H. Munglee, G.M. John (Director), PMBurg Librarians & Durban Librarians.

- 14 -

Magistrates' Court Committee: R.H. Whitehorn (Chairperson), A. Haripersad, R. Bandulal, P. Sham, T.A. Tembe, P.P. Fakude, Deshan Naidoo & U. Jivan. Notarial Committee: J.O. Christie (Chairperson), M.D. Mistry, M. Strauss & N.M. Phungula. Practice Management Appeals Committee: EXCO Practice Management Exemption Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Manager: Business Development - Ex Officio) & C. Naidoo (Practice Support Officer – Ex Officio). Practice Support Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Manager: Business Development - Ex Officio) & C. Naidoo (Practice Support Officer – Ex Officio). Pro Bono Committee: P. Govindasamy (Chairperson), J.A. Russell Maharaj, R. Madzhiye, C. Pillay, N. Dwarika, I. Lax, A. Kallideen, S. Dwarika (Director of ProBono.Org) & R. Gunpath (Manager: Corporate Services – Ex Officio). Property Law Committee: J.O. Christie (Chairperson), M. Gumede, K. Peter, H. Goga, R.S. Green, K.G. Mustard, M.S. Msomi, R.R. Badal & A. Kallideen. Public Law and Local Government Committee: X. Ntshulana (Chairperson), M. Francis, V. Kela & V. Nkosi. RAF Committee: M. Neluheni (Chairperson), P. Govindasamy, K.A. Cohen & M.H. Friedman. Rules & Ethics Committee: P. Sham (Chairperson), R.R. Badal, D.H.F. Vercuil, M. Neluheni, L.C. Peter & S. Keshav. Sheriffs' Matters Committee: E.R. Barry (Chairperson), T. Tembe & P.F.D. Takalo.

- 15 -

Small Claims Court Committee: S.N. Chetty (Chairperson), R.R. Badal, E.R. Barry, D. Fonseca & W.G.S. Shabalala. THE VARIOUS AD HOC COMMITTEES OF THE KZNLS COUNCIL: Ad Hoc Complaints Committee: O.D. Hart & C.T.H. James. Councillor Costs Committee: Burt Laing, Paul Hay & Lalit Mehta. Committee to consider Acting Judicial Appointments: M.A.A.S. Essa (Chairperson) & K. Govender (NADEL), C. Ngidi & M. Nxumalo (BLA), E.R. Barry, P. Sham, R.N. Scott & Mr S.A. Jazbhay (non-BLA/NADEL). School for Legal Practice in Durban:

Executive Committee Members: Fahreen Kader (Director) R.R. Badal (NADEL) L.C. Peter (BLA) S.A. Jazbhay (non-NADEL/BLA)

Board of Control Members: S.A. Jazbhay & U. Jivan (non-NADEL/BLA). R.R. Badal (NADEL). L.C. Peter (BLA). THE VARIOUS LIASON COMMITTEES OF THE KZNLS COUNCIL: Advocates and Attorneys Liaison Committee:

Attorneys: M.A.A.S. Essa (Chairperson), P. Sham, U. Jivan, R.N. Scott & L.C. Peter.

Advocates: M.G. Roberts SC (PMBurg), A.M. Annandale & D. Pillay. G.M. John (Director - Ex-Officio) S. Ramouthar (Director of Public Prosecutions – by invitation only)

- 16 -

High Court Liaison Committees with Registrars: Durban: U. Jivan & V.R.D. O'Connell. Pietermaritzburg: M.A.A.S. Essa & C. Pillay. Master's Office Liaison Committee in Insolvency/Trusts/Estates Matters:

Durban: E.A. Moolla (Chairperson), H. Goga & R.R. Badal & Durban Master. Pietermaritzburg: M.E. Cajee, A.G. Jenkins, M.M. McCullough, S. Kunene, G.J. McLachlan, P.S. Hay & PMBurg Master. Media Liaison Committee: EXCO Property Law Liaison with Deeds Office Committee: D.S. Harrison, S. Dasrath, J.O. Christie, P.F.D. Takalo & Ravesh Padayachee. Provincial Efficiency Enhancement Committee: P. Govindasamy, M.A.A.S. Essa, L.C. Peter & U. Jivan. PANELS OF EXAMINERS: Practice, Procedure and Bookkeeping: Durban: A.H. Trikamjee (Convenor), M.H.G. McKenna, V.S. Rajah, Madam Justice N.H. Radebe, G.A. Pentecost, E.P.M. Radebe, M.B.S. Masipa, M.L. Pillay & S.R. Mhlanga. Pietermaritzburg: S.N. Chetty (Convenor), P. Govindasamy, M.I.A. Ganie, K.S. Chetty, M. Dorasamy, E.B. Zaca & P.N. Stilwell. Notaries: S. Dasrath (Convenor), M.P. Maphumulo, J.O. Christie, L.M. Phungula & H. Goga & C.T. Speirs. Conveyancers: K.K. Seegobin (Convenor), K. Gcolotela-Peter, R.R. Badal, N.N. Mgojo, J.O. Christie, H. Goga, D.S. Harrison & L.K.T. Mehta.

- 17 -

COUNCIL MEETINGS: Attendances: Number of Meetings Attended:

Messrs: Present Out of Apologies

R.R. Badal 10 12 2 Leave of Absence E.R. Barry 9 12 3 Leave of Absence J.O. Christie 10 12 2 Leave of Absence M.A.A.S. Essa 12 12 P. Govindasamy 9 12 3 Leave of Absence S.A. Jazbhay 9 12 3 Leave of Absence U. Jivan 12 12 N.S. Khanyile-Kheswa 9 12 3 Leave of Absence G.J. McLachlan 12 12 E.A. Moolla 12 12 M. Neluheni 12 12 X. Ntshulana 7 12 5 Leave of Absence V.R.D. O'Connell 8 12 4 Leave of Absence L.C. Peter 12 12 C. Pillay 12 12 R.N. Scott 8 12 4 Leave of Absence P. Sham 11 12 1 Leave of Absence M. Strauss 10 12 2 Leave of Absence P.F.D. Takalo 8 12 4 Leave of Absence E.B. Zaca 11 12 1 Leave of Absence Alternates: R.F. Sobey 1 1 Non-NADEL/BLA I. Lax 1 1 NADEL STATISTICAL INFORMATION: 2016 2015 2014 2013 2012 Membership: Total 3,290 3,171 3,034 2,937 2,862 Pietermaritzburg 520 502 482 469 453 Durban 1,255 1,203 1,114 1,153 1,156 Country 1,496 1,445 1,409 1,294 1,243 Declared Members 19 21 29 21 10 Practising Firms: Total 1,824 1,774 1,703 1,677 1,655 Pietermaritzburg 232 219 211 196 190 Durban 729 704 652 667 665 Country 863 851 840 814 800

- 18 -

2016 2015 2014 2013 2012 Subscriptions: R R R R R Pietermaritzburg & Durban 2,462 2,348 2,291 2,120 1,778 Country 2,462 2,348 2,166 1,995 1,653 Declared Members 1,699 1,641 1,585 1,414 1,414 Gross Income 21,373,200 18,016,166 17,285,944 14,127,156 12,809,179 Gross Expenditure 20,510,029 15,573,726 14,047,180 10,931,657 12,598,214 Surplus (Deficit) 863,171 2,442,240 3,238,764 3,195,499 210,965

Capitation Levy to: Law Society of South Africa 1,284,255 1,144,180 1,115,680 1,053,360 1,038,540 Agency Fee: On interest received on behalf of Fidelity Fund 10,398,620 6,972,900 5,798,982 5,214,445 6,649,958 The above as % of gross income

47%

39%

34%

37%

52%

2016 2015 2014 2013 2012 Admissions during the year: Attorneys 308 306 301 274 286 Conveyancers 20 15 29 17 11 Notaries Public 11 12 8 6 10 Re-Admissions as Attorneys: 2 0 2 1 3 Candidate Attorneys: Total Articles/Contracts registered 497 469 393 416 399 Cessions registered 51 29 67 65 25 Articles cancelled (not terminated) 58 69 46 21 13 2016 2015 Attorneys from Other Provinces Enrolled in KZN: 27 18 Attorneys' Names Removed from Roll, at Own Request: 10 12

- 19 -

IN MEMORIUM: (The Society was advised of the passing away of the following practising attorneys since the 2015 AGM) 2015/02/24 Dewald Scheepers 2015/03/21 Robert Brian Brislin 2015/06/14 Gavin Rees Emanuel 2015/07/22 Thobeka Pearl Bhengu 2015/08/04 Siboniso Emmanuel Fezile Dlamini 2015/11/02 Arvin Rhugbeer 2015/11/24 Gavin Edwin Morley 2015/12/01 Sagaren Trevor Chetty 2015/12/05 Sivanandan Munusamy Naidoo 2016/01/06 Ahmed Gora Ismail Sardiwalla 2016/01/24 Patrick Hilton Blount 2016/02/20 Mark Steven Bastew 2016/04/01 Keith Berric Hobson 2016/04/16 Simon Mduduzi Buthelezi 2016/04/30 Robert Edward Bowdler Youngleson 2016/06/03 Malcolm Henry McKeown 2016/07/02 Sipho Henry Nxumalo 2016/07/11 Beverley Meg Dukes 2016/08/06 Suleman Ebrahim Lockhat 2016/08/07 Jonathan Martin Knight 2016/08/14 Wieberen Lentink 2016/08/18 Marmaduke Louw EXAMINATION RESULTS:

Practice, Procedure and Bookkeeping:

August 2015 Part 1 Part 2 Part 3 Part 4 Totals Entered 376 398 390 367 1531 Wrote 337 369 332 323 1361 Passed 293 245 254 270 1062

February 2016 Part 1 Part 2 Part 3 Part 4 Entered 264 399 326 319 1308 Wrote 244 378 298 281 1201 Passed 200 227 259 188 874

- 20 -

Conveyancing: September 2015 May 2016 Entered 124 120 244 Wrote 87 85 172 Passed 14 7 21

Notaries: October 2015 June 2016 Entered 64 41 105 Wrote 46 31 77 Passed 10 3 13 LIFE MEMBERSHIP AWARDS:

In terms of Rule 2.17 for the Attorneys’ Profession, the Council has awarded Life Membership to the following attorneys for 40 years of dedicated practice as members of the Society: (1) Mr Gerald Graham Burne, admitted on 26 January 1966. (2) Mr Edgar Bernhard Rohrs, admitted on 4 March 1966. (3) Mr Ramdev Ramasar, admitted on 22 April 1966. (4) Mr Adrian Willis King, admitted on 15 June 1966 in the Cape and enrolled to

practice in KZN on 20 July 1966. (5) Mr Andries Jonathan Lategan Geyser, admitted on 12 August 1966. (6) Mr John Melvyn Geshen, admitted on 12 September 1966. (7) Mr Brian Lambert Kurz, admitted on 13 February 1967. (8) Mr Roy Eric Phillips, admitted on 21 February 1967. (9) Mr Mauritz Christiaan Van Rooyen, admitted on 6 March 1967. (10) Mr William Oliver Neville James, admitted on 13 March 1967. (11) Mr Errol John Barnes Smith, admitted on 26 July 1967. (12) Mr Peter Dusan Glavovic, admitted on 4 August 1967. (13) Mr Barry Woodrow Garland, admitted on 7 August 1967. (14) Mr Rowland Watts, admitted on 9 November 1967. (15) Mr Devadas Paul David, admitted on 8 February 1968. (16) Mr James William Wright, admitted on 5 March 1968. (17) Mr John Beresford Mackinnon, admitted on 28 March 1968. (18) Mr Creigh Morrison Kenton, admitted on 20 May 1968. (19) Mr Eric Reginald Barry, admitted on 15 October 1968. (20) Mr John Rowland Archer, admitted on 16 October 1968. (21) Mr John Peter Rutsch, admitted on 22 January 1969. (22) Mr Julian Von Klemperer, admitted on 22 January 1969. (23) Mr John Audie, admitted on 3 February 1969. (24) Mr David Charles Gardyne, admitted on 3 February 1969. (25) Mr Moganathan Narrainsamy Naidoo, admitted on 13 June 1969. (26) Mr David Thornley Gardner, admitted on 30 May 1969 in the Cape and

enrolled to practice in KZN on 7 July 1969.

- 21 -

(27) Mr David Pistorius, admitted on 16 July 1969. (28) Mr Gillies Martin Bernstein, admitted on 8 October 1969. (29) Mr Ignatius Alwyn le Roux, admitted on 17 October 1969. (30) Mr Carl Sebastian Grobler, admitted on 15 September 1969 in Pretoria and

enrolled to practice in KZN on 26 January 1970. (31) Mr Cassim Seedat, admitted on 27 February 1970. (32) Mr Louis Meyer Simon, admitted on 27 April 1970. (33) Mr Neville John Pretorius, admitted on 27 August 1970. (34) Mr Ramsay L’amy Daly, admitted on 17 March 1969 in Transvaal and

enrolled to practice in KZN on 9 October 1970. (35) Mr Lawrence Walter Abbot Trotter, admitted on 20 November 1970. (36) Mr John Milne Murray, admitted on 8 December 1970. (37) Mr Adrian Michael Moore, admitted on 16 February 1971. (38) Mr James Bernard Austen Smith, admitted on 16 February 1971. (39) Mr Graham Hopkins Hendry, admitted on 1 March 1971. (40) Mr Robert Winter Ralfe, admitted on 1 March 1971. (41) Mr Hermanus Nicolaas Theunissen, admitted on 19 March 1971. (42) Mr Robin Henry Joseph Morris, admitted on 18 October 1971. (43) Mr Peter Brown, admitted on 15 November 1971. (44) Mr Robert Scott Finlay, admitted on 21 February 1972. (45) Mr Barry Kruger, admitted on 3 September 1964 in the Free State and

enrolled to practice in KZN on 2 March 1972. (46) Mr Morris Parker Fuller, admitted on 27 March 1972. (47) Mr Richard Lewis Evans, admitted on 20 June 1972. (48) Mr Christopher John Denis Glendining, admitted on 8 July 1971 in the Eastern

Cape and enrolled to practice in KZN on 4 October 1972. (49) Mr Anthony Gordon Clulow, admitted on 11 December 1972. (50) Mr Simon Willem Van Den Bosch, admitted on 11 December 1972. (51) Mr William Anthony Christopher, admitted on 23 January 1973. (52) Mr Peter George Rousseau, admitted on 23 January 1973. (53) Mr Richard Stuart Tomlinson, admitted on 23 January 1973. (54) Mr Johannes Jacobus de Jager, admitted on 16 February 1973. (55) Mr Stuart Worthington Saville, admitted on 19 February 1973. (56) Mr Adrian Walter Stowell, admitted on 23 February 1973. (57) Mr Kenneth George Mustard, admitted on 1 March 1973. (58) Mr Roger Stanley Green, admitted on 12 March 1973. (59) Mr Praveen Sham, admitted on 12 March 1973. (60) Mr Willem Wouter Fourie, admitted on 2 April 1973. (61) Mr Aroon Iserbelas Bhogal, admitted on 9 April 1973. (62) Mr Derek Fourie, admitted on 1 May 1973. (63) Mr Rodney John Trotter, admitted on 28 May 1973. (64) Mr Francis Peter Slack, admitted on 27 August 1973. (65) Mr Raymond Ashley Meyer, admitted on 31 October 1973. (66) Mr Raychundra Garach, admitted on 4 March 1974. (67) Mr Rajdevlal Bandulal, admitted on 18 March 1974. (68) Mr Richard Charles William Pemberton, admitted on 10 April 1972 in

Transvaal and enrolled to practice in KZN on 21 March 1974.

- 22 -

(69) Mr Cedric Lynton Darrell Petit, admitted on 25 March 1974. (70) Mr Shane Michael Steven Dwyer, admitted on 1 April 1974. (71) Mr Madan Ajodhia Singh, admitted on 23 April 1974. (72) Mr Ashwin Hirjee Trikamjee, admitted on 23 April 1974. (73) Mr Christopher Thornton Holroyd James, admitted on 29 April 1974. (74) Mr Andrew John Fisher, admitted on 20 May 1974. (75) Mr Jeffrey Hassel Fobb, admitted on 20 May 1974. (76) Mr Pieter Muir de Wet, admitted on 8 July 1974 in Transvaal and enrolled to

practice in KZN on 20 August 1974. (77) Mr Simon John Francis, admitted on 26 August 1974. (78) Mr Louis Mundy Podbielski, admitted on 3 March 1975. (79) Mr Ajit Devnarain Ramasar, admitted on 17 March 1975. (80) Mr Ockert Martin Oosthuizen, admitted on 21 April 1975. (81) Mr Gordon Alan Pentecost, admitted on 5 May 1975. (82) Mr Mahomed Eshaq Abdool Gafoor, admitted on 12 May 1975. (83) Mr Rajeshwar Bodasing, admitted on 19 May 1975. (84) Mrs Priscilla Pundit, admitted on 24 June 1975. (85) Mrs Jennifer Winifred Sage, admitted on 4 August 1975. (86) Mr Marthinus Roux Liebetrau, admitted on 14 November 1975. (87) Mr Nazeer Ahmed Jhaveri, admitted on 27 January 1976. (88) Mr Sivanathan Pillay, admitted on 16 February 1976. (89) Mr Perumalsamy Govender, admitted on 1 March 1976. (90) Mr Hugh Maytham Ross Drummond, admitted on 22 March 1976. (91) Mr Graham John Shelwell, admitted on 22 March 1976. (92) Mr Allan Gordon Hartley, admitted on 27 April 1976. (93) Mr Basil Chocklingum, admitted on 17 May 1976. (94) Mr Kisten Govender, admitted on 17 May 1976. (95) Mr Pieter Gebrandt Steyn, admitted on 8 July 1971 in the Orange Free State

and enrolled to practice in KZN on 18 May 1976. (96) Mr Brett Venniker, admitted on 7 June 1976. (97) Mr Michael William Hector Posemann, admitted on 4 September 1973 in

Transvaal and enrolled to practice in KZN on 16 June 1976. (98) Mr Keshavlal Tapoo Soni, admitted on 20 July 1976. (99) Mr Michael Clive Wilkinson, admitted on 16 August 1976. KZNLS PRIZES AWARDED TO UNIVERSITY STUDENTS:

The Council has awarded prizes for the best final-year law students for the year 2015 at the following Universities mentioned below:

University of KwaZulu-Natal, Pietermaritzburg – Simone Jacqueline Gray. University of KwaZulu-Natal, Durban – Angelique Elfrieda Barroso. University of Zululand – Swelihle Halalisani Mfeka.

- 23 -

AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION:

The Council has presented awards for exceptional interest contributions by the Attorneys Fidelity Fund to the following firms in the categories set out below:

Categories Name of the Firm Sole proprietor Friedman & Associates Justice Reichin Ramsamy Bala Govender, Pat Naidoo & Co. 2-3 Partners/Directors Booysen & Co. Inc. Berrange Inc. Tate, Nolan & Knight Inc. 4-6 Partners/Directors Larson Falconer Hassan Parsee Inc. Meumann White Randles Inc. 7-10 Partners/Directors Mooney Ford Attorneys J. Leslie Smith & Co. Inc. Barkers Attorneys 11+ Partners/Directors Strauss Daly Inc. Garlicke and Bousfield Inc. Shepstone and Wylie Attorneys

- 24 -

PRESIDENT'S ANNUAL REPORT FOR THE YEAR 1 JULY 2015 TO 30 JUNE 2016

A. GENERAL INTRODUCTION As a country we continue to face economic and social challenges, as a profession we find it increasingly more burdensome to conduct the practice of law in a climate of strained resources and increased legislative compliance. These are some of our challenges to which we must rise and overcome as we strive to deliver on social justice issues, access to justice for the marginalised and promote the Rule of Law in our beloved country. Equally so the Law Society is challenged to re-engineer and restructure with increased regulatory functions imposed by legislation and resultant increases in administration and management of processes and procedures. As a legal profession we must continue to strive for transformation in every facet of society in the active pursuit of equality and the unification of our people. Whilst there is still much to achieve to this end, we must once again applaud the Judicial Services Commission’s for another transformative appointment to the leadership of the Judiciary in this Division in its appointment of Justice Madondo as Deputy Judge President of the KwaZulu Natal Division. The impending Legal Practice Council looms large as we move towards a new era of regulation of the attorneys’ profession but as a Society we endeavour to fulfil our responsibilities as best we can, and to pursue the interests of members and the public in a fair and equitable way.

Colleagues and members it is my privilege to report on the salient activities of the Council for the period under review and for the term of my service as President of the Society.

- 25 -

LEGAL PRACTICE ACT The impending Legal Practice Council (LPC) looms large as steady progress is being made by the National Forum on the Legal Profession (NF); Parts 1 and 2 of Chapter 10 having come into operation on the 01st February 2015. The NF has until the 31st January 2017 to make recommendations to the Minister inter alia on:

election procedures for the purpose of constituting the LPC; establishment of Provincial Councils, the respective areas of jurisdiction,

composition, manner of election, powers and functions; mandatory practical vocational training for candidate attorneys and pupils

prior to admission as legal practitioners; a mechanism to wind up the affairs of the NF

The remit to the NF extends to:

preparation and publication of a Code of Conduct; establishment of Rules; negotiating and reaching agreement with the statutory law societies in

respect of the transfer of assets, rights, liabilities, obligations and staff from these law societies to the LPC or Provincial Councils.

The four working committees of the NF, namely Administration and Human Resources, Governance, Education and Standards, and Rules and Code of Conduct, are working tirelessly and in liaison with those working groups established by the Law Society of South Africa (LSSA) in alignment with that of the NF in order to prepare representatives to easily filter information from the profession into the National Forum. The NF has appointed a consultant to make recommendations on the organisational structures related to both the LPC and Provincial Councils and Committees at those seats of the High Court where there is no Provincial Council representation; the consultants are further seized with a costing exercise. The KZN representatives on Section97(2)(a) negotiations between the Society and the National Forum are Praveen Sham, Ms Charmane Pillay and myself, assisted by the Director. Negotiations are at the initial stage of exchange of information and establishment of terms of reference. Members will hear more about the work of the NF via a separate presentation at the Annual General Meeting by the LSSA.

- 26 -

VOLUNTARY ASSOCIATION FOR LEGAL PRACTITIONERS The profession has agreed that it is imperative that a national voluntary association must be established as the unified voice of the profession representing members’ interests as the Legal Practice Act only addresses issues of regulation of the legal profession.

Following confirmation from its constituent members, viz. the provincial law societies, BLA and NADEL, the LSSA has appointed a task team and mandated it to draft a Constitution from the Concept Document that was previously developed. Membership will be addressed on the matter in the course of the LSSA’s report to the Annual General Meeting and no doubt there will be on-going communication on the matter as member participation is cardinal in establishing the principles and terms of reference upon which this association is to be founded. RULES FOR THE ATTORNEYS’ PROFESSION The Rules for the Attorneys’ Professions were gazetted and came into operation with effect from 01st March 2016. The promulgation of a set of ‘uniform’ Rules is the culmination of years of deliberation and debate and we applaud all those who were actively and tirelessly involved in the process of pursuing uniformity. There remain a few Rules that have technical differences between the provincial law societies. These will be given further consideration with a view to rationalising same. BRIEFING PATTERNS SUMMIT The LSSA hosted a briefing patterns summit in March 2016 at which deep concern was expressed with regard to the legal briefing patterns in the public and private sectors which threatens the constitutional democracy and displays bias against black practitioners and black female practitioners as well.

- 27 -

In recognising meaningful action must be taken by all stakeholders, the Summit proposed the establishment of a Task Team comprising representatives from the Department of Justice, the attorneys’ profession, the advocates’ profession, Black Business Council and Business Unity South Africa and a representative from one of the six large law firms. The mandate to this Committee is inter alia to:

develop a uniform protocol for procurement of legal services set targets for entities doing State work establish a common register for recording allocation of State legal work draft a Code of Conduct for private enterprise in respect of legal work consider relevant research, training and development monitor progress of briefing patterns for report to the Summit and based

thereon to consider a follow up summit BUSINESS RESCUE Business Rescue practitioners are advised of the following: Professional bodies will be required to apply to the CIPC to be accredited

and they will in turn licence their members based on agreed criteria; Business rescue practitioners who are members of professional bodies will be

required to be licensed by their respective professional bodies who will then govern their conduct;

Business rescue practitioners who are not members of professional bodies will

be required to be licensed by the CIPC - it is envisaged that this licensing method will eventually fall away when the Act is amended and business rescue practitioners who are not members of professional bodies will not be able to practice.

The CIPC will provide a list of currently licensed business rescue practitioners and each professional body will be required to identify their members on the list and indicate that they are in good standing. Further information will be furnished as and when this becomes available to the Society.

- 28 -

ATTORNEYS FIDELITY FUND MATTERS While a comprehensive report will be given at the Annual General Meeting by a representative from the Attorneys’ Fidelity Fund (AFF) I wish to bring to members’ attention the following: Compliance Support Program (CSP) The compulsory Compliance & Support Program (CSP), which commenced on 1 January 2015, is a risk management programme for all new firms. This program is operational in KwaZulu-Natal only and, as at end July 2016, there are 212 participating firms.

The program is mandatory for all new firms irrespective of the size of the firm. It entails a routine inspection process with support as an integral component;

the objective being to ensure a compliant practice environment before firms exit into the mainstream external audit process.

Maximum participation in the program is 24 months unless, on application

and motivation, an extension for participation is given by the AFF in liaison with the Society.

The CSP inspectorate has, to date, attended to 186 support visits and conducted 222 inspections. Inspectorate Representatives from the CSP Inspectorate have been invited to attend the monthly meetings of the Council. The Council believes that this is necessary in order for the Fund to be aware and inform on matters affecting its risk exposure. This has fostered an even healthier working relationship between the Society and the AFF with CSP Inspectors being appointed from time to time to regulatory Inspection Committees.

- 29 -

Automation of Fidelity Fund Certificates

The electronic platform for the application and issuing of a Fidelity Fund Certificate on-line was launched in the second week of October 2015. As with many customised applications users encountered ‘teething’ problems. These were addressed as expeditiously as possible and resolved where possible and all efforts will be made to continuously improve the system to make it as user friendly as possible. We thank our members for their patience during the period of migrating from a manual application to an on-line one and we will endeavour to assist members to the extent possible to ensure successful application and issue thereof. Professional Indemnity Insurance

As members are aware the Attorneys’ Indemnity Insurance Fund (AIIF) provides basic professional indemnity insurance cover for members at no cost; the premium being covered by the AFF. Given the escalating cost of cover, and the ever increasing claims, both the AFF and the AIIF are caused to give immediate and serious attention to their respective financial sustainability. As a result the AIIF is reviewing its business model and the prospect of members’ making a contribution towards the indemnity insurance premium is fast becoming a reality. Whilst discussions hereon are still in their infancy at AFF and AIIF Board levels with various factors and permutations having to be considered, members’ attention is drawn hereto. Monthly Payment of Trust Interest

With effect from 01st March 2016 the exemption on the monthly payment of trust interest earned on S78(1) Trust Accounts was lifted and it became mandatory for member firms to pay over the trust interest on a monthly basis. Members were advised via various communiqué both from the Fidelity Fund and the Law Society. Members are reminded to ensure that they have made the necessary banking arrangements to comply with Regulation 8(1).

- 30 -

ATTORNEYS DEVELOPMENT FUND (ADF) Members are encouraged to make use of the facilities offered by the Fund should they qualify to apply for same. To this end the Society has participated in joint venture workshops with the ADF and the AIIF in promoting the services offered by the national library which is powered by the KZN Law Society and those offered by the ADF and AIIF respectively. Members’ are directed to the ADF link on the Society’s website for further information on the facilities offered by the ADF. LIBRARY SERVICES The library continues to provide a valuable service to members nationally and has established itself as a national resource library. As part of an awareness campaign around the library’s benefits the Society has arranged workshops nationally, in association with the Attorneys Development Fund and the Attorneys Indemnity Insurance Fund. The Society records its gratitude to the Attorneys Fidelity Fund for its funding contribution towards the escalating costs of operating the library. Currently external service providers have been engaged to conduct an assessment of the library and its services to ensure that the library continues to be a relevant, effective and efficient resource available to legal practitioners not only nationally but internationally, particularly our fellow African countries. We encourage the use of the library and the substantial resources that we continue to invest in and make available to members.

- 31 -

SADC LAWYERS ASSOCIATION (SADCLA) The Society is a proud member of this Association and continues to support and contribute to the efforts of the Association. The Society continues to sub-vent the cost of the attendance of a significant delegation of Councillors to the Annual Conference, with 12 Councillors and 9 Staff members attending the 2016 Annual Conference held in Cape Town which we were proud to host as a constituent member of the LSSA. The 2017 Annual Conference and General Meeting will be held in Botswana. PROVINCIAL EFFICIENCY ENHANCEMENT COMMITTEE (PEEC) The Judge President chairs this meeting of all stakeholder representatives involved in the process of dispensing justice and cardinal to the effective operation of the judicial system. Given the number of stakeholders in attendance at such meetings, the Department of Justice together with the Office of the Chief Justice has found it necessary to establish Regional Efficiency Enhancement Committees (REEC) and Local Efficiency Enhancement Committees (LEEC) in an effort to address the plethora of challenges which the Courts and stakeholders face from facilities to process. The Judge President himself has on occasion hosted a meeting of attorney and advocate representatives as a ‘sub-committee of the PEEC’ to expressly consider issues of Court process and procedure and how they affect practitioners. The Society will continue to be actively involved in these engagements.

B. TRADE UNION FUNCTION

Committees of Council meet regularly in an attempt to be pro-active regarding issues within their ambit of expertise. This report is a brief summary of issues dealt with by the Council and its Committees this past year. There will be a separate report in respect of the Society's finances.

- 32 -

FINANCIAL INTELLIGENCE CENTRE ACT COMMITTEE Member firms are continually reminded to ensure that the Act is fully complied with as possible sanctions for non-compliance range from a reprimand to the imposition of a fine. Member firms are also encouraged to regularly visit the Centre’s website at www.fic.gov.za for updates and communication on the relevant sections of the Act, as well as proposed dates for the Centre’s road-show presentations in each province. In April 2016 the Centre migrated to a different electronic platform called goAML system. It is imperative that members ensure that they have updated their firm information on this system to avoid attracting fines for non-compliance. Currently, the Society has 1 826 firms registered on its database, of which 445 firms are not registered; members are urged to register and comply with the legislation. The Society meets regularly with representatives from FIC and at its most recent meeting FIC representatives advised that, whilst they acknowledge the onsite trust audit and the FIC status reported in the Trust Audit report, these cannot be accepted as a FICA inspection as the process followed is not in accordance with the provisions of the Act; further that the Society should, in the discharge of its supervisory obligation, inspect each firm on some reasonably planned cycle despite lack of staff and financial resources. The Council therefore accepted that FIC inspection authorities be simultaneously given to those Inspectors appointed by the Society to conduct regulatory inspections in order to deal with this FIC obligation given the lack of resources. The Society urges all member firms to ensure that they are registered and to contact the Business Development department should they require assistance. ACTING JUDICIAL APPOINTMENTS COMMITTEE At the various liaison meetings with the Judge President the Society was advised that there are currently no vacancies and therefore no need for acting appointments.

- 33 -

The Society will continue to engage the Judge-President on this issue and reform its own processes where necessary, and will advise members of the process to be followed for making applications for acting appointments. CONTINGENCY FEE COMMITTEE

The Society updated the Guidelines on Contingency Fees previously issued in 2004, having regard to case law in this regard and also in an attempt to clarify misinterpretation of the application of the Contingency Fee Act. These guidelines were circulated to members during December 2015. PRACTICE SUPPORT COMMITTEE

The Society, through this Committee, has held numerous workshops covering such areas as Court Appearances and Etiquette in Magistrate's Courts; Future of Trusts; The Law of Trusts; Spatial Planning and Land Use Management Act (SPLUMA) all of which have been well attended and well received. The Council has identified the need to address members on the formation of partnerships as a means of sustaining a practice as it has been Council’s observation that most attorneys are sole practitioners, and as rapidly as single practitioner firms are opened they are closed due to financial constraints. These firms find it difficult to secure government and corporate work due to the perception of their having limited resources and influence. The Practice Support Committee is currently arranging a workshop for members to address the issue of formation of partnerships and to address the future of practices. Members will be advised hereof in due course. The Committee also deals with Applications for Exemption and Extension in respect of the Mandatory Practice Management course. Members have been advised of the Council resolution that a maximum extension of 12 months will be given, after which members who are non-compliant will be reported to the necessary authorities, namely the Offices of the Chief Magistrate and that of the Regional Court President. No applications will be considered if submitted after 30th November and the defaulting member’s Fidelity Fund Certificate may be withheld.

- 34 -

Members are therefore urged to comply with their obligation to attend and complete the Mandatory Practice Management course. MASTERS LIAISON COMMITTEE

The Society continues to engage with the Master’s Office in an effort to deal with issues of concern and complaint with a view to improving service delivery, in the interests of the profession and the Master’s Office, but primarily in the interests of the public. Members are advised via the Society’s circulars of the Society’s liaison with the Masters’ Offices and of the contact details of personnel employed at the Masters’ Offices, which information is furnished by the Masters’ Offices themselves. Discussions surrounding the electronic administration and management of documentation have been elevated to a national level. PRO BONO COMMITTEE

The members of the Society, through the joint venture agreements entered into with ProBono.Org and Legal Aid South Africa, have already made a commendable impact on providing access to justice for the indigent. In terms of statistics the Society has referred 32 matters to ProBono.Org and members are reported to have provided/are providing legal assistance as follows: Area of Law/Clinic No of matters Refugee clinic 77 Housing clinic 177 Masters’ clinic 479 Consumer/Small Claims clinic 154 Family Law clinic 219 SASLAW/ProBono.Org clinic 36 Umlazi general clinic 91 Ntuzuma general clinic 125 Chatsworth general clinic 181 KZN Deaf Association clinic 10 Walk-in clients 46 Walk-in clients referred 892 Labour law matters 2

- 35 -

In addition 245 member firms (last year 225) participated in the National Wills Week held in September 2016. The Society has received information which reflects that 431 (last year 117) attorneys rendered 1 566 (last year 1035) hours of pro bono work. There are many more members who are rendering services pro bono but have not submitted this information to the Society. We appeal to our members to please submit this important information. In terms of the Rule 25.2 of the Rules for the Attorneys’ Profession members shall, subject to being asked to do so, perform pro bono services of not less than 24 hours per calendar year. We therefore make this request of members and will formalise such request through our Circular to members. We commend all those who reach out to the indigent in the pursuit of access to justice. Members may contact the Pro Bono Administrator on Telephone: 033 345 1304 or e-mail probono@lawsoc.co.za. Members are referred to the Society’s website for further information on pro bono, the quick links to which are: (1) Guidelines and Means Test https://www.lawsoc.co.za/upload/files/Probono_guidelines_and_means_test

.pdf (2) Application Form for Individuals https://www.lawsoc.co.za/upload/files/ProBono_Application_Individuals_%20

2013.pdf (3) Sworn Report https://www.lawsoc.co.za/upload/files/ProBono_Sworn_report.pdf (4) Types of Pro Bono Services. https://www.lawsoc.co.za/upload/files/Pro%20Bono_services.pdf

- 36 -

MAGISTRATES COURT The Committee continues to liaise with Court personnel as regards the state of the Magistrates and Regional Courts and their processes in the interests of all concerned. PROPERTY LAW COMMITTEE The Committee continues to engage with various stakeholders in an attempt to address the practical difficulties faced by membership such as delays in the issuing of rates clearance certificates. In circumstances where deemed necessary, concerns have been elevated to a national level, such as with the difficulties experienced with the SARS transfer duty e-filing system. The Committee has considered the approved increase in conveyancing fee guidelines and has made the necessary amendments to the KwaZulu-Natal intra-provincial lodging fee guidelines; members were informed of this through the Society’s circular. Deeds Office Closure The LSSA met with the Minister of Rural Development and Land Reform on the 19th July 2016.

An agreement was reached that the status quo would remain as far as the seats of the Deeds offices are concerned, but that the phasing in of an electronic deeds registration system should be accelerated.

There will be on-going interaction and progress monitoring in this regard and timeous notification of any closure of particular Deeds Offices as and when such decisions are taken.

- 37 -

ALTERNATE DISPUTE RESOLUTION COMMITTEE

The Committee encourages members to support the LEAD workshops on ADR as the LSSA is producing significant documentation in relation hereto which will be of importance and assistance to members. LEGAL AID LIAISON COMMITTEE

The Society continues to liaise with Legal Aid South Africa to address issues of mutual concern. The issue of a lack of preparation and attention to matters from judicare practitioners has been a matter that was not only raised by the Society and Legal Aid South Africa but by the judiciary as well on several occasions. Members who accept judicare appointments are urged to give these clients as much attention and import as for any private client so as not to compromise the quality of legal representation for these indigent persons.  

 

C. REGULATORY AFFAIRS: MISCONDUCT MATTERS The following is a report on matters dealt with by the Regulatory Affairs Department during the period 1 July 2015 to 30 June 2016 - 1. COMPLAINTS

In order to assist the Council in dealing with complaints relating to unprofessional conduct it has appointed: 10 Complaints Committees 2 Estates Complaints Committees 5 Trust Audit Reports Complaints Committees 5 Non-Response Complaints Committees 2 Judges Complaints Committees 1 Councillors Complaints Committee 2 Ad Hoc Complaints Committee New complaints files opened 1339

- 38 -

Miscellaneous complaints dealt with by the department 1226

Complaints referred to Complaints Committees: Dismissed 595 Fines imposed 247 (Totalling R2 327 000 of which R757 000 was

suspended) Reprimands imposed 10

The following were the types of conduct for which members were found guilty of unprofessional conduct:-

(1) Failure to reply to complaints; 66 (2) Failure to lodge, or to lodge timeously, trust audit reports; 124 (3) Failure to respond where a duty to respond promptly; 3 (4) Failure to attend properly & expeditiously to clients' matters; 17 (5) Failure to account, or to account promptly, to clients; 3 (6) Failure to exercise proper supervision over employees; 2 (7) Failure to treat a colleague/client with courtesy; 1 (8) Failure to administer a deceased estate properly &

expeditiously; 4 (9) Acting in a conflict of interest situation; 1 (10) Overcharging; 1 (11) Failure to carry out mandate; 8 (12) Failure to pay expert/sheriff or correspondent attorney; 3 (13) Failing to honour undertaking/agreement; 1 (14) Paying estate’s agent’s commission without a mandate; 1 (15) Failed to adhere to proper protocols; 1 (16) Releasing monies prior to registration; 1 (17) Not qualified to discharge the mandate in a conveyancing

matter; 1 (18) Failure to ensure that valid clearance certificate was provided; 1 (19) Failure to discharge duties as conveyancer; 1 (20) Failure to secure fees; 1 (21) Failure to protect clients interests; 1 (22) Acting in a reverse referral of instruction situation with Advocate; 1 (23) Delayed the transfer; 1 (24) Misrepresented qualification; 1 (25) Failure to act in accordance with High Court Rules; 1 (26) Failure to withdraw as attorney of record; 1

- 39 -

2. ASSESSMENTS

22 Assessments were conducted.

The following members acted as Assessors:- Mr U Jivan, Mr R F Sobey, Mr G A Pentecost, Mr M Nxumalo, Mr S Parshotam, Mr A Mpungose, Mr A Hartley, Mrs M McCullough, Mr D N C V De Freitas, Ms V Sheik, Mr C Smith, Mr A Harripersad, Mr R Sewgoolam. In order for there to be consistency in the assessment of fees the Council resolved to establish a pool of assessors and to remunerate assessors at a rate of R500,00 per assessment. The following members were appointed to the pool of assessors:- I Abraham : P Bahadur : M Y Baig : E R Barry : J Botha : P K Coetzee : M Curia : D N C V De Freitas : S A E Fakrodeen : M I A Ganie : A Gounden : A Haripersad : U Jivan : S Keshav : A Kissoonlal : N E Memka : H Munglee : A Naidoo : G A Pentecost : C Pillay : R Ramdaw : R M Ramkhelawan : A B L Scott : A S Sibran : I Singh : R Stretch

3. ENQUIRIES

21 Enquiries were conducted and finalised.

4. INSPECTIONS

12 Inspections were conducted and finalised.

5. PROSECUTION FOR THEFT OF TRUST FUNDS Where a member's name has been struck off the Roll of attorneys as a result of the misappropriation of trust funds the application papers are referred to the South African Police Commercial Crime Branch to investigate whether criminal proceedings should be instituted against the defaulting attorney. The Commercial Branch is presently investigating whether such proceedings should be instituted against 1 former attorney.

- 40 -

6. STRIKE OFF APPLICATIONS

The following member was struck off the roll of attorneys by the High Court as at 30 June 2016: (1) Subashnie Moodley - Appealing the Decision

There are 12 strike off applications pending.

7. SUSPENSIONS

The following members were suspended from practising as attorneys:-

(1) Robert Carstens (2) Clive Muthwa (3) Siyamukela Allington Ndaba (4) Ntombifikile Beatrice Zitha (5) Sipho Michael Cona (6) Sizwe Wiseman Khanyile (7) Zinhle Millicent Mchunu (8) Dumisani Kwazi Mhlongo (9) Monica Nagouran (10) Bearmore Mbusiswa Ngcobo (11) Emmerald Mkholiseni Nzimande (12) David Sifiso Zondi (13) Christie Marius Botha (14) Gino Marlin Bayliss (15) Vyas Abhimaneu Juggernath - Uplifted as at 30th June 2016 (16) Nevendra Singh - Uplifted as at 30th June 2016 (17) Ameetha Somers - Uplifted as at 30th June 2016 (18) Marcus Mbongo Koyana - Uplifted as at 30th June 2016 (19) Rosemund Andile Matubatuba - Uplifted as at 30th June 2016 (20) Tladi Marcus Mosae - Uplifted as at 30th June 2016

There are 31 suspensions pending.

- 41 -

8. CURATOR BONIS APPLICATIONS

In the following instances the Society has made applications to the High Court to be appointed as Curator Bonis to take control of clients' files and trust accounting records where the members had either abandoned their practices or where they had died and no arrangements had been made for the take over of their practices:-

(1) Late W J M Conradie (2) Late R M Nzimande (3) Late T P Khumalo (4) Late J D Letty

9. PANEL OF ATTORNEYS

The followings firms were appointed as the Society's panel of attorneys to attend to all aspects relating to the Society's litigious work which includes inter alia strike off applications, suspension applications and curator bonis appointments:-

Siva Chetty & Co. Venns Attorneys Ganie & Co. Kunene Attorneys Anand-Nepaul Attorneys

Seethal Attorneys, M H Mathonsi & Associates, Harkoo Brijlal & Reddy Inc. and Ugeeta Pala & Associates were appointed to recover outstanding debt due to the Society, e.g. fines, subscriptions and court application costs.

10. CURATOR BONIS DUTIES

The Curator Bonis department deals with seizing possession of clients' files, trust monies and accounting records of the practices of those members who have been struck off or suspended or who have abandoned their practices. The department has exercised curator duties in respect of 25 firms for the period under review.