Cape Law Society

The Cape Law Society is the statutory body responsible for the administration of the Attorneys' Profession in the Western, Eastern and Northern Cape.

Law Society Notices & Updates

First Interview Scheme
17 July 2014

Members are encouraged to participate in the FIRST INTERVIEW SCHEME.

The FIRST INTERVIEW SCHEME is essentially a scheme whereby legal advice/consultation offered during the first half hour is done free of charge. Consultation going beyond the half hour or further work that may emanate from the first half hour of consultation would be as per the normal applicable tariffs.

The scheme will work on a rotational basis; members of the public will be referred to the relevant specialist attorney based in the town in which the client works or resides.

The first free half hour consultation will not constitute pro bono work, furthermore participation is voluntary.

Members wishing to participate are encouraged to complete the on-line registration form (click on READ MORE to access form), alternatively to forward an email to thergesari@capelawsoc.law.za indicating your interest.

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Amended Magistrates Court Rules as Gazetted June 2014
17 July 2014

AMENDMENT OF RULES REGULATING THE CONDUCT OF THE
PROCEEDINGS OF THE MAGISTRATES COURTS OF SOUTH AFRICA
"The Rules Board for Courts of Law has, under section 6 of the Rules Board for
Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister
of Justice and Constitutional Development, made the rules in the Schedule"

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Amended Monetary Jurisdiction - Regional Courts
12 June 2014

The monetary jurisdiction of the Regional Courts has been amended with the effective dated thereof being 1 JUNE 2014

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Amended Monetary Jurisdiction - District Courts
12 June 2014

The monetary jurisdiction of the District Courts has been amended with the effective dated thereof being 1 JUNE 2014.

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Special General Meeting of the Cape Law Society - 30 June 2014
29 May 2014

The Cape Law Society will be holding a Special General Meeting on MONDAY, 30 JUNE 2014 at 14:00 at the offices of the Society, 30th Floor, ABSA Centre, 2 Riebeek Street, Cape Town.

The purpose of the meeting is to CONSIDER, DEBATE, ADOPT Motions in relation to the DRAFT UNIFORM RULES and the COMPLIANCE PERIOD relating to PRACTICE MANAGEMENT TRAINING.

Notices regarding the meeting will be disseminated to members shortly.

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NATIONAL LLB TASK TEAM STATEMENT TOWARDS ACCESS AND QUALITY LEGAL EDUCATION
27 May 2014

For a number of years law faculties and the legal profession have sought to find a common approach for optimising the value of legal education. Consensus was reached that it would be in the best interest of the country to ensure that all law graduates can make a meaningful contribution to the profession they seek to pursue and in furthering our constitutional democracy.

This led to a National LLB Summit held on 29 May 2013, attended by a wide representation of stakeholders in the country. The Summit resolved to establish two parallel processes, namely a National LLB Task Team and standard setting under the auspices of the Council on Higher Education.

The National LLB Task Team comprises representatives from the South African Law Deans Association (SALDA), the Society of Law Teachers of Southern Africa (SLTSA), the Law Society of South Africa (LSSA), the General Council of the Bar (GCB), the Department of Justice and Constitutional Development and the Department of Higher Education and Training.

In addition to standard-setting and the curriculum, the National LLB Task Team is concerned about the under-funding of legal education, taking into account the resources available to faculties of law as well as students socio-economic backgrounds.

Following a Legal Ethics workshop held recently, it was further concluded that legal ethics must be an essential part of the legal education curriculum.

It is envisaged that the current process of drafting Standards would be completed by the standard setting task team by 30 June 2014. All stakeholders would be consulted as soon as the draft standards become available. Changes (if any) to the structure and duration of the LLB for national application, will be best considered after standards have been finalised and broad consultation has taken place. Another summit, similar to the one in 2013 may be considered.

The National LLB Task Team at its recent meeting confirmed its commitment to the goals stated by the late former Minister of Justice and Constitutional Development, Dullah Omar in 1997, when Parliament considered the legislative changes that led to entry requirements to the legal profession becoming a four year degree. These stated goals are ensuring access to justice, access to the profession and access to the courts, and must be born in mind when the future structure and duration are considered.

We wish to state that, in the interim, entry into the profession still remains the four year undergraduate LLB for current and prospective students.

The LLB Task Team will continue to consider all aspects that impact on the quality of legal education.

Vacancy at Cape Law Society - Forensics Officer
12 May 2014

The Cape Law Society seeks to appoint a Forensics Officer as soon as possible. Applicants applying for the position should have an accounting and/or legal background.

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Attorneys Admission Examinations - Results for FEBRUARY 2014
23 April 2014

The Results for the Attorneys Admission Examinations written on 18 & 19 February 2014 are now available. Please be advised that you require your examination number in order to access your results.

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Attorneys Admission Examinations - Schedule for Orals to be held in Cape Town and George
23 April 2014

The Oral Schedule, for the Attorneys Admission Examinations written on 18 and 19 February 2014 is now available. Please be advised that the schedule is in relation to candidates who wrote examinations in Cape Town and George.

Candidates who wrote examinations in East London, Port Elizabeth, Grahamstown and Mthatha will be advised by the relevant examiners.

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New Guide Issued by IRBA - Engagement on Attorneys Trust Accounts
22 April 2014

A revised guide for Registered Auditors to be applied when conducting the Trust Audits of Attorneys was issued by the Independent Regulatory Board “IRBA” for Auditors during February 2014 and replaces the previous SAICA guide – “Guidance for Auditors: The Auditors of Attorneys’ Trust Accounts in terms of the Attorneys Act, No 53 of 1979, and applicable Rules of the Provincial Law “Societies”. The ‘SAICA guide” was essentially withdrawn by the IRBA.

This guide for Registered Auditors: Engagements on Attorneys Trust Accounts (this Guide) was prepared by a Task Group of the Committee for Auditing Standards (CFAS) of the IRBA, which comprised of auditors and representatives of the Provincial Law Societies, the Law Society of South Africa and the Attorneys Fidelity Fund. This Guide was approved by IRBA for issue on 28 February 2014.

It is brought to Members’ attention that the new guide brings about certain changes to the trust audit reporting requirements; in particular that Attorneys are required to prepare an Annual Statement on their Trust Account(s), which contains compliance representations to the Cape Law Society, together with information extracted from their accounting records. The information sought in the Attorneys Annual Statement on Trust Account(s) was previously dealt with in the Accountant’s report. The requirement is thus that the Attorney’s Annual Statement on the Trust Account must accompany the Auditor’s report and would form the basis conducting the Attorneys trust audit.

The change is meant to highlight the responsibility of both the attorney and registered auditor. The attorney is responsible for ensuring that the trust accounts are maintained in compliance with the Act and Rules. The auditor is responsible for expressing a reasonable assurance opinion on the compliance of the Attorneys trust accounts, in all material respects, with the Act and Rules, based on the audit procedures performed, and to report their audit finding(s) and/or opinion(s) on the Attorney’s Annual Statement on the Trust Accounts.

The Cape Law Society Council, at its March 2014 meeting, resolved that the current and proposed new format audit reports would be accepted by the Society, but that the new format audit report only be accepted if the Attorneys Annual Statement of Account was attached to the auditor’s report on submission thereof to the Society.

The changes to the reports should be discussed with your auditor who will be able to provide further information and guidance in this regard.

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CPIC Office Closure Over Easter
16 April 2014

The CPIC Offices will be closed to the public from 10:00 on Thursday, 17 April 2014 and will re-open at 08:00 on Tuesday, 22 April 2014.

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Chief Registrars Circular 5 of 2014
26 March 2014

The Chief Registrars Circular 5 of 2014 relating to the Clearance Certificates in terms of the Local Government Municipal Systems Act 2000 (Act 32 of 2000) is now available.

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Court Annexed Mediation Rules Gazetted
19 March 2014

Amendment to the Rules regulating proceedings of the Magistrates Courts of South Africa was gazetted on 18 March 2014 per Government Gazette Number 37448.

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Jurisdiction of Small Claims Court to Increase with Effect from 1 April 2014
19 March 2014

The jurisdiction of the Small Claims Court will increase from R12000 to R15000 with effect from 1 April 2014.

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Legal Aid South Africa - Legal Aid Guide
18 March 2014

The 2014 Legal Aid Guide (13th edition) became effective on 11 February 2014.

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May 2014 Conveyancing Examination - Date Change
25 February 2014

Please be advised that the May 2014 Examinations has been rescheduled for 14 May 2014, in light of the General Elections taking place on 7 May 2014. The closing date of 15 April 2014 remains unchanged.

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Vacancy at Free State Law Society - CEO
6 February 2014

Vacancy for the position of Chief Executive Officer at the Free State Law Society presently exists.

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Cape Law Society Vacancy - Business Development Official
6 February 2014

Vacancy for a Business Development Official exists at the Cape Law Society.

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Cape Law Society Vacancy - Professional Assistant
6 February 2014

A vacancy for a Professional Assistant within the Societys Professional Affairs Department, presently exists.

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Acting Appointment for Regional Magistrate - PAROW
5 February 2014

Closing date for applications is 18 February 2014.

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LEAD Seminar on Consumer Protection Act
5 February 2014

Seminar content
The seminar will focus on interpretation of the CPA, tricky issues, remedies and new case law, including practical issues e.g. how to obtain a certificate from the Tribunal. The seminar aims to make participants specialists in consumer law and also equip them to deal with issues where the CPA impacts on their other fields of practice.

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Cape law Society pays Tribute to the late Judge Jan Steyn
31 January 2014

Shortly before Judge Steyn passed away, in November 2013, the Annual General Meeting of the CAPE LAW SOCIETY resolved that it commits itself to redressing the legacy of unfair land legislation and Pledged with reference to such legislation to uphold and promote the rights and values enshrined in our Constitution; It also pledged to be fair, to help alleviate the suffering of the less privileged, to do what we can to uplift the downtrodden in the sure knowledge that in doing so we lift ourselves and our country and our hope for the future.

In the light of this resolution it is easy AS A SOCIETY of approximately 5000 ATTORNEYS to pay tribute to someone who, despite his privileged surroundings, remembered the homeless, alleviated the plight of prisoners and in so doing contributed to uplift the downtrodden of society. His actions spoke volumes about his beliefs and benefited many.

Winston Churchill said:
“The only guide to a man is his conscience; the only shield to his memory is
the rectitude and sincerity of his actions… with this shield, however the fates may play, we march always in the ranks of honour.”

Judge Jan Hendrik Steyn marches on today in the ranks of honour. He served our country and the judiciary by his actions which underline the fact that he was a true proponent of justice.

We are told by the author of Hebrews 13:3 to regard prisoners as if we were in prison with them. We are asked to look on victims of abuse as if what happened to them had happened to us. It is well reported that Judge Steyn was compassionate towards prisoners.

On 31 December 2013 SAPA reported that “During his time as a judge he regularly visited various prisons, including those where political prisoners, including former president Nelson Mandela, were detained, interceding with the authorities for improved conditions”
On a more personal note, and as an example of the fact that Judge Steyn’s influence reached far, I recall that some twenty five years ago as an LLB student at Stellenbosch, I had the privilege of writing a script on the challenges South Africa faced regarding the housing crisis and black ownership of property. An abbreviated version of the script under the title Blacks, Their Castles and the Law of Property was published in the Responsa
Meridiana, a joint publication of local university Law Faculties.

As part of the research I wrote to the Urban Foundation and they provided very useful
material and references. Without knowing it, I had indirectly benefited from the efforts of Judge Steyn. As Adv Jeremy Gauntlett wrote in the business day earlier this month:
“He was instrumental in organising a summit of black urban leaders such as Nthatho Motlana and industrialists led by Harry Oppenheimer and Anton Rupert. From this the Urban foundation was born: a nonprofit organisation funded by business (with international support) to facilitate access to housing,improved education and business opportunities for urban black communities.”

Colleagues, In the biology of human creation, the fastest wins. From this we can take it that all of us are at the very outset winners. But even though we are winners at birth, our calling is something else. We are called to be more than conquerors. (Meer as oorwinnaars.) Most lawyers like to win. That is how the game is played. But there are those among us who do more than that.

Those are the lawyers who sacrifice of themselves and their family time to serve the community. Judge Jan Hendrik Steyn was precisely such a lawyer. We pay tribute to him and thank his family for sharing him and their valuable time with so many other lawyers throughout the Southern African Region.

Ettienne Barnard
Vice president
Cape Law Society
30 January 2014

Vacancy at SIU - Deputy Head
28 January 2014

A permanent position as Deputy Head of the Special Investigating Unit presently exists. The SIU seeks the services of a highly skilled, experienced lawyer.

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Dates for 2014 Professional Examinations
18 December 2013

DATES FOR 2014 PROFESSIONAL EXAMINATIONS

ATTORNEYS ADMISSION EXAMINATIONS:
18 & 19 Feb 2014
Closing Date: 27 Jan 2014)
12 & 13 Aug 2014
Closing Date: 21 Jul 2014)

CONVEYANCING EXAMINATIONS
14 May 2014
Closing Date: 15 Apr 2014)
10 Sep 2014
Closing Date: 19 Aug 2014)

NOTARY EXAMINATIONS
11 June 2014
Closing Date: 20 May 2014)
08 Oct 2014
Closing Date: 16 Sep 2014)

2014 REGISTRATION FORMS NOW AVAILABLE FOR DOWNLOAD..

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Eastern Cape Division - High Court Name Changes
6 December 2013

Practice Directive issued by the Judge President, Eastern Cape Division.

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Western Cape High Court Name Change with Immediate Effect
6 December 2013

Members are advised of the Name Change in relation to the High Court - Cape Town..

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2014 Fidelity Fund Certificates
15 November 2013

ATTENTION: PARTNERS/DIRECTORS/SOLE PRACTITIONERS

Members who have not as yet submitted their Application Forms for 2014 Fidelity Fund Certificates and/or have not complied with other requirements for the issue of a Fidelity Fund Certificate are urged to do so as soon as possible. Any enquiries in relation to the 2014 FFC may be directed to the CLS Records Department.

In order to ensure compliance with section 42(3) of the Attorneys Act, 53 of 1979 Fidelity Fund Certificates for the year ending 31 December 2014 should be processed and issued by 31 December 2013.

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FIC - Updating of Registration Information of Reporting and Accoutable Institutions
14 November 2013

Members are referred to the Financial Intelligence Centre Directive 01 of 2013 advising that all Reporting and Accountable Institutions wishing to update information that was submitted during the registration process should do so via the web platform and not via post, email or fax.

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Application Form for 2014 Fidelity Fund Certificate
3 October 2013

Attention: Partners/Directors

The application form for 2014 Fidelity Fund Certificate may be completed electronically as the forms contains fields that may be completed electronically. However please be advised that once the form is completed, it should be printed and signed. The originally signed form should thereafter be returned to the Cape Law Society offices via post or docex.

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Law Societie Join the Financial Intelligence Fold
26 July 2013

The four statutory provincial Law Societies-the Cape Law, Society, the KwaZulu-Natal Law Society, the Law Society of the Free State and the Law Society of the Northern Provinces
pledged their commitment to combating money laundering and the financing of terrorism today when they signed Memoranda of Understanding (MoUs) with the Financial Intelligence Centre FIC) in terms of Section 45(1D) of the Financial Intelligence Centre Act, Act No 38 of 2001 (FIC Act)

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Cape Law Society - Non Litigious Guideline Effective 1 July 2012 (AS AMENDED)
3 June 2013

Members attention is drawn to the Cape Law Societys Non-Litigious Guideline, effective 1 July 2012, AS AMENDED.

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Attorneys Practising as Tax Practitioners - Registration with SARS
21 May 2013

Attorneys practising as tax practitioners are required to register/confirm their status with SARS as tax practitioners.

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Amendment of PAJA Rules
14 March 2013

A set of rules of procedure for Judicial Review under the Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000) ("PAJA"), which is intended to substitute the existing Rules has been formulated by the Rules Board in conjunction with its PAJA Rules Committee.

Members are requested to forward any comments they may have on the draft amendments, to the RULES BOARD SECRETARIAT by no later than 15 May 2013. Comments may be delivered, posted, faxed or emailed as follows:

8th Floor, De Meent Building, 226 Thabo Sehume Street, Pretoria
P O Box 13106, The Tramshed, 0126
Fax: (012) 326 8018
Email: NMaseko@justice.gov.za

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Cape Law Society Rules - Amended Version Now Available
10 October 2012

The amended version of the Cape Law Society Rules document, including the Rules as promulgated by way of Government Gazette of 21 Oct 2011, is now available.

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