The Cape Law Society is the statutory body responsible for the administration of the Attorneys' Profession in the Western, Eastern and Northern Cape.
Attorneys Admission Exam Results for AUGUST 2014 now available. Please note that the schedule also includes the ORAL SCHEDULE for CAPE TOWN and GEORGE candidates.
The results and oral schedule are listed per examination number, please ensure that you have this at hand to access the relevant details.
Members are advised that the Legal Practice Act, No 28 of 2014 was published in Government Gazette no 38022 of 22 September 2014.
The aim of the Act is “To provide a legislative framework for the transformation and restructuring of the legal profession in line with constitutional imperatives so as to facilitate and enhance an independent legal profession that broadly reflects the diversity and demographics of the Republic; to provide for the establishment, powers and functions of a single South African Legal Practice Council and Provincial Councils in order to regulate the affairs of legal practitioners and to set norms and standards; to provide for the admission and enrolment of legal practitioners; to regulate the professional conduct of legal practitioners so as to ensure accountable conduct; to provide for the establishment of an Office of a Legal Services Ombud and for the appointment, powers and functions of a Legal Services Ombud; to provide for a Legal Practitioners’ Fidelity Fund and a Board of Control for the Fidelity Fund; to provide for the establishment, powers and functions of a National Forum on the Legal Profession; and to provide for matters connected therewith.”
The Legal Practice will take effect as follows:
“(2) Chapter 10 comes into operation on a date fixed by the President by proclamation in the Gazette
(3) Chapter 2 comes into operation three years after the date of commencement of Chapter 10 or on any earlier date fixed by the President by proclamation in the Gazette.
(4) The remaining provisions of this Act come into operation on a date, after the commencement of Chapter 2, fixed by the President by proclamation in the Gazette.”
Members will be kept abreast of developments in relation to the coming into effect of Chapter 10 of the Act.
Please be advised that new CONVEYANCING GUIDELINES, take effect on 15 September 2014.
How does Wills Week work?
• The Law Society will provide the firm with free posters and flyers to publicise
the firm’s participation. Provision is made on the posters and flyers for the
firm’s contact details. PDF versions of posters and flyers can be provided so
that the firm can use these electronically.
• Firms will be listed as participating firms at the Law Society as well as on the
database of participating firms on the LSSA website.
• A national media campaign will be launched early in August. All media and
publicity material will invite members of the public to consult the
LSSA/provincial law societies’ websites or call the relevant provincial law
society for the contact details of participating firms.
What is expected from participating firms?
• Basic wills will be drawn up free of charge.
• Attorneys should provide an explanation of the importance of having a properly
and professionally drafted will to the client.
• Attorneys may not insist that they are appointed as the executor of the estate.
• Attorneys must give the client a copy of his/her will.
• Interviews with clients can be conducted at the attorney’s offices.
• Attorneys will not be expected to redraft or amend existing wills for free, nor
will they be expected to draft complex wills involving trusts, etc.
A vacancy for a Professional Assistant exists within the Societys Administration Department..
The CLS forthcoming Annual General Meeting and Conference will be held from Friday, 31 October 2014 to Saturday, 01 November 2014 at the Boardwalk Convention Centre, Port Elizabeth, Eastern Cape Province.
In terms of Rule 3.1.3, the business to be transacted at the meeting will be -
a) consideration of the President’s report for the year ended 30 June 2014;
b) consideration and adoption, with or without amendment, of the audited income and
expenditure accounts for the year ended 30 June 2014;
c) to receive the result of the election of Councillors;
d) to announce the names of the President and Vice-Presidents for the forthcoming year;
e) the election of the Society’s auditor;
f) the consideration of motions, discussion points or other matters submitted by
Council to the meeting;
g) the consideration of motions of which notice in writing has been given by any
member(s) to the Director by no later than Friday, 19 September 2014.
Notice in relation to the meeting will shortly be disseminated to members - registration forms will follow under separate cover.
The Society has received Notice from the Chief Registrar at the Western Cape High Court regarding changes to the process in which files are uplifted from aforementioned Court. The following advices have been received from the Registrar:
• Parties will not be able to uplift files on the same day as the request, unless the matter is on the roll or on good cause is shown to the Registrar of the relevant section or the Chief Registrar;
• Rule 62(7) of the High Court Rules, which reads as follows:
“Any party to a cause, and any person having a personal interest therein with leave of the registrar on good cause shown, may at his office, examine and make copies of all documents in such cause” has been enforced at the Western Cape High Court, with effect from 26 August 2014.
• In order to facilitate compliance with the Rule, a revised upliftment form has been drawn up [this form is subject to change]
Vacancy for a Business Development Official exists at the Cape Law Society.
As per Notice No. 571 published in the Government Gazette No. 37848, dated 18 July 2014, the date of “1 August 2014” has been substituted with the date of “1 December 2014” as the date on which the Court-Annexed Mediation Rules would come into operation.
Members are referred to the update issued by FIC, dealing with the following aspects:
• Registration with FIC;
• Reporting to FIC;
• Cash Threshold Reporting (Section 28);
• Terrorist Property Reporting (Section 28A);
• Suspicious And Unusual Transaction Reporting (Section 29).
Members who have not as yet registered with the FIC are urged to do so as soon as possible. In terms of section 43B of the Financial Intelligence Centre Act, Act No. 38 of 2001, as amended (the FIC Act), all attorneys are obligated to register with the Centre
Members are further reminded the new revised guide for Registered Auditors, which is to be applied when conducting the Trust Audits of Attorneys (as issued by the Independent Regulatory Board “IRBA” for Auditors during February 2014) brings about certain changes to the trust audit reporting requirements; amongst which includes confirmation that registration with FIC has been complied with.
The Society offers assistance with the on-line registration process, particularly to sole practitioners. In this regard, please liaise with Thergesari Roberts (Thergesari@capelawsoc.law.za)
Examination Results for Notarial Practice, June 2014 now available..
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"
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 firstname.lastname@example.org indicating your interest.
The monetary jurisdiction of the Regional Courts has been amended with the effective dated thereof being 1 JUNE 2014
The monetary jurisdiction of the District Courts has been amended with the effective dated thereof being 1 JUNE 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.
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.
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.
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.
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.
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.
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.
Amendment to the Rules regulating proceedings of the Magistrates Courts of South Africa was gazetted on 18 March 2014 per Government Gazette Number 37448.
The jurisdiction of the Small Claims Court will increase from R12000 to R15000 with effect from 1 April 2014.
The 2014 Legal Aid Guide (13th edition) became effective on 11 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.
A vacancy for a Professional Assistant within the Societys Professional Affairs Department, presently exists.
Closing date for applications is 18 February 2014.
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.
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.
Cape Law Society
30 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.
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)
14 May 2014
Closing Date: 15 Apr 2014)
10 Sep 2014
Closing Date: 19 Aug 2014)
11 June 2014
Closing Date: 20 May 2014)
08 Oct 2014
Closing Date: 16 Sep 2014)
2014 REGISTRATION FORMS NOW AVAILABLE FOR DOWNLOAD..
Practice Directive issued by the Judge President, Eastern Cape Division.
Members are advised of the Name Change in relation to the High Court - Cape Town..
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 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.
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)
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.
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
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.