The Cape Law Society is the statutory body responsible for the administration of the Attorneys' Profession in the Western, Eastern and Northern Cape.
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.
Read the latest version of the LSSA electronic Newsletter.
This Newsletter is distributed on a national level to practising attorneys. In the event that you are a practising attorney of the Cape Law Society and have to date not received your copy of the LSSA Newsletter, please email thergesari@capelawsoc.law.za.
Please note that the Newsletter is sent directly by the LAW SOCIETY OF SOUTH AFRICA.
Results for the October 2011 Notarial Practice Examinations are now available.
The ORAL SCHEDULE with respect to the Sep 2011 Conveyancing Examinations is now available. Please note that this is with respect to the Cape Town centre.
Results for the September 2011 Conveyancing Examinations are now available. Please note that the results are listed in accordance with allocated examination number and not per name.
Members are advised that a Draft Set of Mediation Rules was approved by the Rules Board on 19 November 2011.
Insofar as it relates to the Application of the Rules, members are referred to Clause 13 of the Rules, which reads as follows:
(1) These rules will apply to the High Courts and the Magistrates courts.
(2) These rules do not replace any of the rules of the High Court or the Magistrates’
courts, which must continue to apply either before commencement of or after the
conclusion of mediation proceedings.
(3) These rules will come into operation on a date to be determined by the Minister and
for such period or periods as the Minister may determine
Registration Forms for the professional examinations (Attorneys Admission, Notarial Practice and Conveyancing) are now available. There are 2 sittings per each professional examination.
The schedule for the 2012 examinations is as follows:
ATTORNEYS ADMISSION
21 & 22 FEBRUARY 2012 (Closing Date for registration: 30 JANUARY 2012)
21 & 22 AUGUST 2012 (Closing Date for registration: 30 JULY 2012)
CONVEYANCING
09 MAY 2012(Closing Date for registration: 17 APRIL 2012)
12 SEPTEMBER 2012 ((Closing Date for registration: 21 AUGUST 2012)
NOTARIAL PRACTICE
13 JUNE 2012(Closing Date for registration: 22 MAY 2012)
10 OCTOBER 2012 ((Closing Date for registration: 18 SEPTEMBER 2012)
Please take heed of the closing dates as late registrations are not accepted under any circumstances.
The amendments to the Regulations Under Section 103 of the Administration of Estates Act, 1965 (Act 66 of 1965) were gazetted on 18 November 2011.
To provide for the regulation and monitoring of the use of official languages by
national government for government purposes; to require the adoption of language
policies by national departments, national public entities and national public
enterprises; to provide for the establishment and functions of a National Language
Unit; to provide for the establishment and functions of language units by national
departments, national public entities and national public enterprises; to provide
for monitoring of and reporting on official language use by the national
government; to facilitate intergovernmental coordination of language policies; and
to provide for matters connected therewith.
To view various available vacancies within the Legal Profession, please visit the Documents section of this website.
View Goverment Gazette..
The official hours for the Cape Town Master’s Office are from 07:45 to 13:00. The Master requests members to adhere to these office hours and suggests that appointment with the staff member be made prior to visiting the office.
If you have concerns about these official hours, kindly send your submissions to the Society’s Professional Affairs Department by e-mail cls@capelawsoc.law.za or fax (021) 443 6751/2.
In terms of Section 2(1)(a) and (k) of the Magistrates Court Act of 1944 (Act 32 of 1944), the Minister of Justice and Constitutional Development has designated 3 branch courts as full service Courts.
A dedicated bank account has been allocated to the collection of Master Prescribed Fees for deceased and insolvent estates, trusts and copies.
SARS has advised that oustanding documentation with respect to TRANSFER DUTY TRANSACTIONS is required by close of business on 18 October 2011...
The Western Cape High Court Consolidated Practice Notes have been amended..
Kindly be advised that the ATTORNEYS ADMISSION EXAM RESULTS FOR JULY 2011 are now available. Please note that the ORALS SCHEDULE for Cape Town and George candidates appears on a separate schedule.
Read SARS latest Notice relating to TRANSFER DUTY..
SARS has also advised that in approximately 36% of cases in which additional information is requried, is owing to INVALID TAX or VAT REFERENCE NUMBERS. Other instances that could give rised to the request for additional information are:
1. Valuations Issues
2. Sale Price less than Purchase Price
Member are requested to pleae take heed of this.
Members are advised that the Regional Court Civil Practice Directives will be revisited by the Regional Court Presidents during November 2011. Any comments, suggestions or input which members wish to submit should be forwarded to cls@capelawsoc.law.za for the attention of Mr Alfred Hona (Professional Affairs Department); the submissions should be forwarded by no later than 30 Sep 2011.
Members are encouraged to forward their submissions, particularly those whose have been litigating in the Regional (Civil) Court over the past year.
Please refer to the Regional Court Civil Practice Directives of 2010 in order that you can formulate your submissions.
Members are referred to an updated notice from the FINANCIAL INTELLIGENCE CENTRE dealing with the following:
REGISTRATION OBLIGATION OF ATTORNEYS ITO THE FIC ACT;
ENFORCEMENT CAPACITY OF THE CENTRE;
APPEAL BOARD;
CASH THRESHHOLD REPORTING;
SUSPICIOUS AND UNUSUAL TRANSACTION REPORTING; and
FEEDBACK and ENQUIRIES.
Plea and Sentence Agreement in terms of Section 105A of Act 51 of 1977: Prosecutors authorised to negotiate and finalise agreements with effect from 20 July 2011.
In order to view the correspondence received from the Director of Public Prosecutions, members are advised to login in via the MEMBERS LOGIN console (see right hand pane). Thereafter go the DOCUMENTS. The correspondence is categorised under Circulars/Notices (Various).
The Judges of the Western Cape High Court will be availing themselves in order to address the delay with the hearing of civil trials.
In order to view the correspondence received from the High Court, members are advised to login in via the MEMBERS LOGIN console (see right hand pane). Thereafter go the DOCUMENTS. The correspondence is categorised under Circulars/Notices (Various).
June 2011 Examination Results now available..
The Legal Practice Bill process has been delayed. Visit the Law Society of South Africa website for up to date information in this regard.
See the Financial Action Task Force (FATF) guide on anti money laudering and terrorist measures and Financial Inclusion..
Members are encouraged to participate in the ACCESS TO JUSTICE WEEEK via the Practical Court Support Iniative. Members are advised that this will count towards pro bono hours served.
Those interested in participating should advise Ms Samantha Sardien at the Society’s offices, via any one of the below means:
• Email: cls@capelawsoc.law.za
• Fax: (021) 443 6751/2
In your communications to Ms Sardien, please furnish the following details:
• your full names;
• the name of the firm at which you practise;
• contact number;
• email and/or fax number
Interested members are kindly requested to apprise Ms Sardien by no later than Friday, 19 August 2011.
A copy of the document containing information on the Practical Support being sought may be located in the Documents section and is catergorised under Programmes and Initiatives. Please be advised that you will need to log into the MEMBERS LOGIN area in order to access the document.
The Road Accident Fund Amendment Bill is now available for public comment. Comments are to be submitted by 20 September 2011. The Bill is available in the Document section and is categorised under DRAFT ACTS AND BILLS
See the latest Practice Support Circulars under Practice Support in the Members Services section or access via the Documents section whilst logged into the MEMBER ACCESS area.
As per the July 2011 CLS Newsletter, a summary of Resolutions taken at the 2010 Annual General Meeting is now available in the Members Services section of the website.
Access the Summary by logging in with your User ID and Password and thereafter click on Members Services. The summary may be located in the Documents section and is categorised under AGM Minutes.
Any difficulties experienced with logging in may be sent to thergesari@capelawsoc.law.za.
See Deeds Training Practice Note 67 found under the Documents, Practice Notes section and also see Netshituka Judgment located in the Document, Judgments section of this website
SARS has implemented the following email addresses, to be used with immediate effect:
1. transferduty@sars.gov.za is to be used when the query is of a technical nature
2. etd@sars.gov.za is to be used for ALL refund applications.
The transferdutyct@sars.gov.za is only to be used should you require a legal opinion or wish to discuss a legal matter.
For all other queries, please contact the Contact Centre on 0800 007277.
Results for the May 2011 Conveyancing Examinations are now available.
The amendment to the Magistrates Court Rules gazetted on 29th July 2011, will become effective on 2 September 2011.
Read all about the enhancements implemented to the Transfer Duty proces..
An amended syllabus for the 2011 Conveyancing Examinations is now available.
Visit the FAQ section of the FIC website which may assist in clarifying issues....
The dealine for registration was 1 March 2011, however FIC has strongly receommended that those institutions who have not as yet registered attend to this as soon as possible.
The Financial Intelligence Centre has issued warnings of scams via email and/or other methods in terms of registration in terms of the FIC Act.
In terms of the recent amendments to the Financial Intelligence Centre Act, the Cape Law Society is now a supervisory body. The Society is in the process of defining the way it will exercise its responsibilities as a supervisory body. Members are at this stage however reminded that the consequences of non-compliance with the Act are very serious and members are requested to ensure that they compliant. You need to access the website of the Financial Intelligence Centre website www.fic.gov.za to register as an accountable institution. A Circular setting out the Requirements for attorneys is available.
Jurisdiction of Regional Courts Amendment Act (31/2008): Rules Regulating the Conduct of the Proceedings of the Magistrates Courts of South Africa
ATTORNEYS ADMISSION
22 & 23 FEBRUARY 2011, CLOSING DATE FOR REGISTRATION IS 31 JANUARY 2011
26 & 27 JULY 2011, CLOSING DATE FOR REGISTRATIONS IS 04 JULY 2011
CONVEYANCING
11 MAY 2011, CLOSING DATE FOR REGISTRATION IS 19 APRIL 2011
14 SEPTEMBER 2011, CLOSING DATE FOR REGISTRATION IS 23 AUGUST 2011
NOTARIAL PRACTICE
22 JUNE 2011, CLOSING DATE FOR REGISTRATOIN IS 31 MAY 2011
12 OCTOBER 2011, CLOSING DATE FOR REGISTRATION IS 20 SEPTEMBER 2011
The Financial Intelligence Centre introduced new reporting obligations for attorneys which came into operation on 4 October 2010. Attorneys are required to report all cash transactions (domestic and foreign notes and coins and travellers cheques above R25 000.
Please see FIC Update to Attorneys calling upon attorneys to acquire login credentials for electronic submission of cashthreshold reports.