The Cape Law Society is the statutory body responsible for the administration of the Attorneys' Profession in the Western, Eastern and Northern Cape.
Members are advised of the Name Change in relation to the High Court - Cape Town..
The schedule of Remark Results in relation to the Aug 2013 Attorneys Admission Examinations, now available..
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.
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.
The Oral schedule for Cape Town and George is now available.
August 2013 Examination Results now available.
The following Rules for the Rules Board Court of Law Act have been amended as per Government Gazette number 36913 of 11 October 2013:
1. Rules Board for Courts of Law Act (107/1985): Amendment of the rules regulating the
conduct of the proceedings of the several Provincial and Local divisions of the High
Court of South Africa
2. Rules Board for Courts of Law Act (107/1985): Amendment of rules regulating the conduct
of the proceedings of the Magistrates Courts of South Africa
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.
Members are advised that the Annual General Meeting and Conference of the Cape Law Society takes place on 1 and 2 November at the PAVILION CONFERENCE CENTRE, V&A WATERFRONT, CAPE TOWN.
Members who have not as yet registered are encouraged to still do so.
Motions/discussion point/s and the FINAL PROGRAMME will be disseminated to all members of the Cape Law Society shortly and may also be accessed via this website.
The Cape Law Society has received communications in relation to a Will that was drawn up for Margaret Mary Thompson (ID number 560914 0018 089). From the information received, it would appear that his Will was drawn up in October 2010 and held by an attorney based in Cape Town.
In the event that your firm may be in possession of such a Will, please email email@example.com.
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)
May 2013 Conveyancing Examination Results Now Available
Members attention is drawn to the Cape Law Societys Non-Litigious Guideline, effective 1 July 2012, AS AMENDED.
Attorneys practising as tax practitioners are required to register/confirm their status with SARS as tax practitioners.
Road Accident Fund Act (56/1996): Accident Fund Amendment Regulations, 2013 as per Government Gazette 36452 of 15 May 2013
The provisions of the Consolidated Practice Note 42(2) of the Western Cape High Court have been amended. The effective date of the amendment is 1 May 2013.
Rule 43 of the Uniform Rules of the High Court has been amended, which amendment comes into effect on 17 May 2013.
Magistrates Court - Rule 58 (Rules of Court) has been amended and comes into effect on the 17 May 2013.
The proposed relocation of the offices of the Master of the High Court has been postponed, until further notice. Please therefore note that the business will continue as per usual.
Magistates Court Act (Act 32/1944) - creation of sub-districts and the appointment of a place within the sub-district for the holding of a court (effective 15 May 2013).
Read latest version of the Judicial Matters Amendment Bill.
Candidates who qualify for orals are kindly requested to ensure that they note the date, time and venue of their respestive ORALS.
The Results for the February 2013 Attorneys Admission Examinations are now available.
An extension has been granted for comment on the RAF Benefit Scheme Bill 2013. A copy of the Bill may be accessed via this website - please visit the DOCUMENTS section, the Bill is listed under ACTS, BILL, DRAFTS, GREEN PAPERS, GOVERNMENT NOTICES
Refer to Government Notice R. 241, dated 2 April 2013 in Government Gazette No. 36306, which contains the Schedule of Fees of Office as prescribed in regulations 84 and 86 of the Deeds Registries Act No. 47 of 1937.
THE NEW FEES COMES INTO OPERATION ON 2 MAY 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
Please take time out to complete the survey being conducted by the LSSA, on the Use of Technology in South African Legal Practice. This survey is designed to inform the Society on the status and uptake of information technology resources in South African law firms, from the very large to the very small, and to assist with future IT development strategies for the benefit of the profession.
The Cape Law Society has implemented the FIRST INTERVIEW SCHEME and will shortly liaise with its members to establish who will be interested in participating.
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.
Read the 2013 Circulars from the Chief Registrar relating to the following:
1. SANRAL and Bational National Roads Act (Act No. 7 of 1998);
2. Certificate in terms of item 28(1) of Schedule 6 of the Constitution of the RSA (Act
No. 108 of 1996);
3. Change of name concerning Sanlam Home Loans Guarantee Company (Proprietary) Ltd to ABSA
Home Loans Guarantee Company (Proprietary Ltd)
The Constitution Seventeenth Amendment Act 2012 was assented to on 1 February 2013.
The Legal Aid Act, 1969 (Act 22 of 1969), presently regulates matters relating to the provision of legal aid.
The Legal Aid Bill, 2013 (the Bill) was drafted to substitute the 1969 Act.
A document with a summary and short discussion of the provisions is also available. It is envisgaed that the Bill will be introduced into Parliament as soon as possible.
Appllications for positions as Tax Board Chairpersons should reach SARS by 15 March 2013.
SARS Transfer Duty and Efiling Handbook
The Cape Law Society and its Committees takes cognisance of the daily publications about the deplorable incidence of rape and violence in South Africa. We condemn such repugnant atrocities perpetrated by the offenders, and we say that these acts are violations of basic human rights and constitute a breach of the fundamental values and principles in our Constitution and local and international laws. We call on government, civil society and all stakeholders involved in the criminal justice system to use all resources at their disposal to restore our communities to their envisaged state of being secure and safe places. The Cape Law Society supports the call for a Commission of Inquiry into Violence Against Women; such Commission should take the form of public hearings with a report to be handed to the President and Cabinet for further attention.
Issued on Behalf of the President and Council of the Cape Law Society
Cape Law Society
Tel: (021) 443 6700
Fax: (021) 443 6751/2
In terms of section 3 of the Road Accident Fund (Transitional Provisions) Act,
2012 (Act No. 15 of 2012) the Road Accident Fund (Transitional Provisions) Act, 2012(Act No. 15of 2012) shall come into operation on 13 February 2013.
SARS has extended an invitation to all legal professional bodies to invite candidates from amongst its membership to apply for positions as Chairpersons on the Tax Board.
The purpose of the Bill is:
▪ to insert certain definitions and to amend others;
▪ to clarify interpretation;
▪ to provide for the remuneration of Council members;
▪ to promote compliance by organs of state and public entities and to strengthen the
evaluation and monitoring of compliance;
▪ to include the creation of incentive schemes to support black-owned and managed
enterprises in the strategy for broad-based black economic empowerment;
▪ to provide for the cancellation of a contract or authorisation;
▪ to establish the Broad-Based Black Economic Empowerment Commission to deal with
compliance of broad-based black economic empowerment;
▪ to provide for offences and penalties.
Public hearings will be held in Parliament on Friday, Wednesday, Friday & Wednesday 8, 13, 15 & 20 March 2013.
The Conveyancing Guidelines have been amended with the amendments taking effect on 1 March 2013.
Results for the September 2012 Conveyancing Examinations, now available.
Application form to be completed for 2013 Fidelity Fund Certificate - Afrikaans version.
Application form to be completed for 2013 Fidelity Fund Certificate
CAPE LAW SOCIETY PRESS RELEASE
The Cape Law Society’s 2012 Annual General Meeting held in Kimberley on the 9th of November, was a milestone event as it was graced with the presence of high calibre speakers, none more so than the late former Chief Justice Arthur Chaskalson.
The late Justice Chaskalson opened proceedings with a powerful Key Note address on, “The Rule Of Law: The Importance Of Independent Courts And Legal Professions”. In spite of his ailing health, he conducted his address with immense conviction, his passion for the profession resonated during his deliverance.
The Cape Law Society recognises and acknowledges the immense contribution this stalwart made to the broader recognition of and respect for human rights in our country.
The Council and Directorate of the Cape Law Society wish to extend heartfelt condolences to the family of the late Justice Chaskalson. We express our sincere gratitude to his family and to his office for allowing him to play a pivotal role at the Society’s Annual General Meeting
May his soul rest in peace!
Issued on Behalf of the President, Council and Directorate of the Cape Law Society
by Rampela Mokoena, Director, Cape Law Society
Cape Law Society
Tel: (021) 443 6700
Fax: (021) 443 6751/2
Results for the Notarial Practice Examinations written in October 2012 are now available.
Kindly note that the Financial Intelligence Centre (FIC) has established a Compliance Contact Centre to deal with queries related to compliance with the Financial Intelligence Centre Act, No. 38 of 2001, as amended (FIC Act).
This dedicated telephone service is geared to handle all FIC Act-related compliance queries, such as:
• Whether or not a business is required to register with the FIC;
• How to register with the FIC;
• What types of businesses are required to register with the FIC;
• Technical issues relating to the registration process;
• Queries relating to complying with the provisions of the FIC Act incl but not limited to:
o Establishing and verification of the identity of clients;
o Record-keeping relating to your clients;
o Reporting of cash threshold transactions;
o Reporting of property associated with terrorist and related activities;
o Reporting of suspicious and unusual transactions;
o Formulation and implementation of internal rules;
o Training and monitoring of FIC Act compliance.
The FIC Act Compliance Contact Centre can be reached on: 0860 222 200
The FIC is also still able to receive e-mailed compliance based queries on: firstname.lastname@example.org
For calls unrelated to compliance matters, please call the FIC on: 0860 342 342.
Financial Intelligence Centre
1 December 2012
Comments are invited with respect to the Draft National Credit Amendment Bill.
The Law Society of South Africa (LSSA), together with other role players, is engaged in negotiations with the Department: Cooperative Governance. The intention is to have certain provisions of Section 118 of the Local Government Municipal Systems Act 32/2000 amended.
For this purpose, the Department requires practical examples of abuse or misinterpretation of legislation by municipalities when calculating figures for rates and taxes, including utilities.
Examples may include the following:
1. Where municipalities charge arrear rates and taxes (and utilities) for a period longer
than 24 months when a clearance certificate is applied for;
2. Where municipalities hold new owners liable for old arrears of the previous owner,
after a clearance was issued and transfer had taken place;
(a) where municipalities insist on payment of arrear utilities older than 3 years.
(b) in general, problems experienced by conveyancers, for instance where statements
from municipalities do not reflect dates for the opening balance and the closing
Please forward particulars of such examples to Martin Ferreira at email: email@example.com, who will forward the information to us. We require the information by 31 January 2013.
Your cooperation will be appreciated.
Members are referred to the Memorandum from the Chief Operations Officer of the RAF addressed to all external stakeholders relating to payment of court orders and taxed bills.
Various Resoutions were adopted at the 2012 Registrars Conference.
YOU ARE REMINDED THAT AS PER THE CHIEF REGISTRARS CIRCULAR OF 2005-
Resolutions taken at a Registrars Conference will become effective on 2 January of the
year following such a Conference.
Registrars of Deeds must ensure that each examiner is in possession of a copy of the
Registrars Conference Resolutions.
The Office of the Chief Registrar of Deeds will ensure that a copy of the Resolutions
adopted at the Registrars Conference will be forwarded to the Law Society of South
Africa and to Butterworths Publications.
NEW TRANSFER DUTY SYSTEM MANDATORY - SARS DIRECTIVE Issued October 2012
Please note that as from 1 November 2012 it will be mandatory to use the new Transfer Duty system to submit Transfer Duty declarations.
To activate the new system, update conveyancer details on eFiling to ensure that the correct details are on file.
After 1 November 2012 SARS will not accept new Transfer Duty transactions completed on the old Transfer Duty system. However, transactions that were completed on the old system prior to 1 November 2012, and are with SARS, will be processed.
For more informationon the new Transfer Duty, go to www.sars.gov.za>Tax Types > Transfer Duty or contact the SARS Contact Centre on 0800 00 SARS (7277).
Issued by SARS 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.
Amendments to Practice Notes 46, 47 and 49 of the Western Cape High Court
The Cape Law Society Guideine with respect to Non-Litigious Fees has been amended and takes effect on 1 July 2012.
The following Directives, as issused by the Chief Master are now available:
1. Directive 1 - Payment of Fees; and
2. Directive 2 - Keeping of Stats
Visit the South African Human Rights Commission website for further information (including, guidance, compliance etc)with respect to the PAIA.
You are reminded that exemption from compliance lasts until 31 December 2015. Please read the LSSA Newsletter 8 regarding further particulars relating to the exemption.
View Goverment Gazette..
The Western Cape High Court Consolidated Practice Notes have been amended..