THE KWAZULU-NATAL LAW SOCIETY

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

For the year

1st July 2013 to 30th June 2014

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To be presented at the

ANNUAL GENERAL MEETING

of the Society to be held at

COASTLANDS ON THE RIDGE MUSGRAVE, 315 PETER MOKABA RIDGE, MUSGRAVE

DURBAN

On

Friday, 17 October 2014

At 14:00

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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: busdevelopment@lawsoc.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: practicesupport@lawsoc.co.za

R.A.S.S.: auditreform@lawsoc.co.za and rass@lawsoc.co.za

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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: 086-500-8236

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

Records: 086-500-5744 Rule 21A: 086-500-6218 Accounts: 086-644-3881

Admissions: 086-500-7857 R.A.S.S. Durban: 086-500-9079

Curator: 086-646-5598

THE KZNLS AUDITORS

Business Account Audit: Mitchell's Chartered Accountant

Curator and Trust Accounts Audit:

Roshan Morar & Associates

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MEMBERS OF THE KZNLS COUNCIL:

P. GOVINDASAMY, President (Pietermaritzburg) M.A.A.S. ESSA, Vice-President (Pietermaritzburg)

U. JIVAN, Vice-President (Durban) N.S. KHANYILE-KHESWA, Vice-President (Durban)

M. STRAUSS, Vice-President (Durban) R.R. BADAL, Verulam

E.R. BARRY, Port Shepstone J.O. CHRISTIE, Pietermaritzburg

S.A. JAZBHAY, Durban G.J. McLACHLAN, Pietermaritzburg

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

X. NTSHULANA, Port Shepstone M.S.O. NXASANA, Durban (1.07.2013 to 30.09.2013)

V.R.D. O'CONNELL, Durban L.C. PETER, Durban (from 1.10.2013)

C. PILLAY, Pietermaritzburg R.N. SCOTT, Pietermaritzburg

P. SHAM, Stanger P.F.D. TAKALO, Pietermaritzburg

E.B. ZACA, Pietermaritzburg

DIRECTOR G.M. JOHN

MANAGER: REGULATORY AFFAIRS P. MFUSI

MANAGER: BUSINESS DEVELOPMENT R. SINGH

DEPUTY MANAGER: REGULATORY AFFAIRS N. HARRIPERSAD

PRACTISE SUPPORT OFFICER C. NAIDOO

MANAGER: FINANCE T. ZONDI

MANAGER: CORPORATE SERVICES R. GUNPATH

CHIEF LIBRARIAN S.T. NGCOBO

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KZNLS MEMBERS WHO SERVE ON THE COUNCIL OF THE LAW SOCIETY OF SOUTH AFRICA: P. Govindasamy (President – Ex Officio) P. Sham K. Govender (NADEL) N.E. Memka (BLA) H. Munglee (NADEL) KZNLS MEMBERS WHO SERVE ON STANDING COMMITTEES & GOVERNANCE COMMITTEES OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): STANDING COMMITTEES: Alternative Dispute Resolution - M.F. Bulbulia (Durban) Company Matters - U. Jivan (Durban)

- P.S. Hay (alternate)(Pietermaritzburg) Competition Committee - G. Gow (Durban) - H. Goga (NADEL)(Durban) - E.M. Mbhele (BLA)(Pinetown) - H.J. Stephenson (alternate)(Durban) - L.C. Peter (alternate)(BLA)(Durban) Constitutional Affairs & - S.A. Jazbhay (Durban) Human Rights - X. Ntshulana (NADEL)(alternate)(Port Shepstone) Contingency Fees Committee - P. Govindasamy (Pietermaritzburg) Costs Committee - M.A.A.S. Essa (NADEL)(PMBurg)(Chairperson) Criminal Law - No representative Deceased Estates, Trusts - H. Goga (NADEL)(Durban)(Chairperson) & Planning - P.S. Hay (Pietermaritzburg) E-Law - G.J. McLachlan (PMBurg)(Chairperson) - I. Lax (NADEL)(Pietermaritzburg) Environmental Affairs - N.L. Brauteseth (Durban)

- I. Lax (NADEL)(Pietermaritzburg)

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Ethics - K. Govender (NADEL)(Durban)(Chairperson) - J.O. Christie (Pietermaritzburg)

Examinations - A.H. Trikamjee (Durban) - I. Lax (NADEL)(Pietermaritzburg)

- K. Seegobin (Pietermaritzburg) (Convenor Notarial Examinations) - S.P. Mncwango (alternate)(BLA)(Durban) - G.M. John (KZNLS Director)

Family Law - S.W. Abro (Durban)(Chairperson) Financial Intelligence Centre Act - P. Sham (Stanger) Gender Equality - M. Strauss (Durban) High Court Matters - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - U. Jivan (Durban) Immigration & Refugee Law - S. Lockhat (Durban) Insolvency & Liquidation Matters - E.A. Moolla (Chatsworth) Intellectual Property Law - J.H. Senekal (Durban) Joint Committee of Attorneys - M.I.A. Ganie (Pietermaritzburg)(Chairperson) and Accountants - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - T. Zondi (KZNLS Finance Manager) Joint LSSA/AFF GATS - M.I.A. Ganie (Ex Officio: IBA Councillor)(PMBurg) (inc Foreign Qualifications) Labour Law - P.R. Hobden (Pietermaritzburg) Legal Aid - N.E. Memka (BLA)(Pietermaritzburg)(Chairperson) Legal Provident Fund - I. Lax (NADEL)(Pietermaritzburg) - G.M. John (KZNLS Director) Liquor Matters - B. Kruger (Greytown) Magistrates' Court Committee - P. Sham (Stanger)(Deputy Chair)

- T.A. Tembe (BLA)(Durban) Practice Development - P. Sham (Stanger)(Chairperson) - H. Munglee (alternate)(NADEL)(Pietermaritzburg) - R. Singh (KZNLS Employee Representative)

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Pro Bono Committee - I. Lax (NADEL)(Pietermaritzburg) - P. Govindasamy (Pietermaritzburg) - R. Gunpath (KZNLS Pro Bono Co-ordinator) Property Law - J.O. Christie (Pietermaritzburg)

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

Personal Injury Committee - No representative Small Claims Court - No representative Tax Matters & Exchange Control - M.I.A. Ganie (NADEL)(Pietermaritzburg) GOVERNANCE COMMITTEES: Directors Committee - G.M. John (KZNLS Director) - H. Munglee (alternate)(NADEL)(Pietermaritzburg) Audit & Remuneration Committee - A.H. Trikamjee (Durban)(Chairperson) (ex FINCOM) (ARC) Joint AFF/LSSA 46(b) Committee - A.H. Trikamjee (LSSA Fincom Chair)(Durban) (not a LSSA Standing Committee) Legal Education - A.H. Trikamjee (Durban)

- R.R. Badal (NADEL)(Verulam) Management Committee - K. Govender (NADEL)(Durban) - P. Sham (Stanger) - N.E. Memka (BLA)(Durban) Competition Commission Task Team - K. Govender (Durban) Constituent Members - G. John (KZNLS Director)

- N.S. Khanyile-Kheswa (BLA)(Durban) - H. Munglee (NADEL)(Pietermaritzburg)

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KZNLS MEMBERS WHO SERVE ON THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: P. Govindasamy (NADEL)(President – Ex Officio) E.A. Moolla (non-BLA/NADEL) N.S. Khanyile-Kheswa (BLA) E.R. Barry (non-BLA/NADEL) R.R. Badal (observer)(NADEL) S.A. Jazbhay (alt) (non-BLA/NADEL)

KZNLS MEMBERS WHO SERVE ON THE COMMITTEES OF THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: Audit & Compliance Committee: N.S. Kheswa (BLA) & E.A. Moolla. Bursary Committee of: M.A.A.S. Essa (NADEL). Capping Committee: R.R. Badal (Chair) & E.R. Barry. Finance Committee: E.R. Barry. Grants to Universities of the AFF: Z.K. Seedat. Investment Committee: M.I.A. Ganie (NADEL)(Chairperson) & E.A. Moolla. National Database Steering Committee: G.M. John (KZNLS Director). Policy / Governance Committee: N.S. Kheswa (Chairperson)(BLA). Reform Audit Support System Committee: G.M. John (KZNLS Director).

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Remuneration Committee: E.A. Moolla (Chairperson). Risk Committee: E.R. Barry (Chairperson) & R.R. Badal. Treasury Committee: M.I.A. Ganie (Chairperson), E.A. Moolla & N.S. Kheswa (BLA). Joint AFF/LSSA Section 46(b) Monitoring Committee: S.L. Mgxanji.

KZNLS MEMBERS WHO SERVE ON VARIOUS OTHER COMMITTEES: Board of the Attorneys Development Fund: Primary KZN Member: X. Ntshulana Alternate: D. Takalo Board of Directors: Attorneys’ Insurance Indemnity Fund: E.A. Moolla. LSSA Representative on Judicial Services Commission: E.R. Barry (alternate). KZN Sheriffs Advisory Board: E.R. Barry (Vice-Chairperson).

THE VARIOUS STANDING COMMITTEES OF THE KZNLS COUNCIL:

Executive Committee: P. Govindasamy (NADEL) (President) M.A.A.S. Essa (NADEL) (Vice-President) U. Jivan (non-NADEL/BLA) (Vice-President) N.S. Khanyile-Kheswa (BLA) (Vice-President) M. Strauss (non-NADEL/BLA) (Vice-President)

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KZNLS COMPLAINTS COMMITTEES: Complaints Committee No. 1: U. Jivan (Chairperson), P.F.D. Takalo, R.R. Badal & M. Strauss. Complaints Committee No. 2: E.A. Moolla (Chairperson), X. Ntshulana, E.R. Barry & E.B. Zaca. Complaints Committee No. 3: N.S. Khanyile-Kheswa (Chairperson), P. Govindasamy, G.J. McLachlan & J.O. Christie. Complaints Committee No. 4: M.A.A.S. Essa (Chairperson), S.A. Jazbhay, M. Neluheni & R.N. Scott. Complaints Committee No. 5: C. Pillay (Chairperson), P. Sham, L.C. Peter & V.R.D. Ô'Connell. Audit Reports Complaints Committee No. 1: R.N. Scott (Chairperson) & S.A. Jazbhay. Audit Reports Complaints Committee No. 2: M.A.A.S. Essa (Chairperson) & V.R.D. O'Connell. Audit Reports Complaints Committee No. 3: J.O. Christie (Chairperson) & N.S. Khanyile-Kheswa. Audit Reports Complaints Committee No. 4: E.B. Zaca (Chairperson) & E.A. Moolla. Audit Reports Complaints Committee No. 5: P. Sham (Chairperson) & M. Neluheni. Non-Response Complaints Committee No. 1: U. Jivan (Chairperson) & C. Pillay. Non-Response Complaints Committee No. 2: E.R. Barry (Chairperson) & P.F.D. Takalo. Non-Response Complaints Committee No. 3: R.N. Scott (Chairperson) & X. Ntshulana. Non-Response Complaints Committee No. 4: G.J. McLachlan (Chairperson) & L.C. Peter.

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Non-Response Complaints Committee No. 5: M. Strauss (Chairperson) & R.R. Badal. Estates Complaints Committee No. 1: E.A. Moolla (Chairperson), A.G. Jenkins & L.C. Peter. Estates Complaints Committee No. 2: E.A. Moolla (Chairperson), L.K.T. Mehta & M.M. McCullough. 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: T.P. Poyo-Dlwati. (Until appointment as Judge) Alternate Dispute Resolution Committee: S.A. Jazbhay, A. Sewpersad, M. Essack, P.F.D. Takalo & M.F. Bulbulia. Invitees to Committee: P. Govindasamy (President), 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. Criminal Law and Procedure Committee: E.B. Zaca (Chairperson), R.M. Ramkhelawan, J. Reddy, A. Chetty & H. Munglee.

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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: C. Pillay (Chairperson), S.A. Jazbhay, S.W. Abro, M.O.R. Meiring, Mohammed Essack, P.F.D. Takalo, J.A. Russell Maharaj & A. Sewpersad. FICA Committee: G.J. McLachlan, P. Sham, S. Kunene, S. Meersingh, Director & Manager: Business Development. Finance Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, J.O. Christie, P. Govindasamy, R. Scott, P.F.D. Takalo, C. Pillay, P. Sham, E.B. Zaca, G.J. McLachlan & E.A. Moolla (Chairperson of the Investment Committee). High Court Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, R.N. Scott, P. Sham, P. Marimuthu, M. Nxumalo, G.L. Seethal, L.C. Peter & Justice G.N. Kruger (representing the JP). Human Resources Committee: P. Govindasamy (Chairperson)(alt C. Pillay), D. Takalo, E.B. Zaca, X. Ntshulana, R.N. Scott, P. Sham, E.R. Barry & V.R.D. O'Connell. Human Rights & Constitutional Development Committee: R.R. Badal (Chairperson), S.A. Jazbhay & T.A. Ngxingweni. Information Technology Committee: G.J. McLachlan (Chairperson), N. Ebrahim Essop, 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), 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.

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Legal Aid Committee: E.A. Moolla (Chairperson), R.R. Badal, P. Sham & S.G. Nzimande. Legal Education Committee: R.R. Badal (Chairperson), S. Kunene, J. Christie & P. Sham. Library Committee: G.J. McLachlan (Chairperson), C. Pillay, P. Sham, E.A. Moolla, I. Blose, H. Munglee, G.M. John (Director), R. Gunpath (Manager: Corporate Services), PMBurg Librarians & Durban Librarians. Magistrates' Court Committee: R.H. Whitehorn (Chairperson), A. Haripersad, R. Bandulal, P. Sham, T.A. Tembe, P.P. Fakude & Deshan Naidoo. Notarial Committee: J.O. Christie (Chairperson), K.R. Moodley, 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, C. Pillay, 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, C. Pillay, 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, E.M. Mbokazi, I. Lax & R. Gunpath (Manager: Corporate Services – Ex Officio). Property Law Committee: J.O. Christie (Chairperson), K. Gcolotela-Peter, H. Goga, R.S. Green, K.G. Mustard, M.S. Msomi & R.R. Badal. Public Law and Local Government Committee: X. Ntshulana (Chairperson), M. Francis, V. Kela & V. Nkosi.

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RAF Committee: M. Neluheni (Chairperson), P. Govindasamy, K.A. Cohen & M.H. Friedman. Rules & Ethics Committee: R.R. Badal (Chairperson), P. Sham, D.H.F. Vercuil, M. Neluheni, L.C. Peter & S. Keshav. Sheriffs' Matters Committee: E.R. Barry (Chairperson), T. Tembe & D. Takalo. 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: Conveyancing Anti-Touting Ad Hoc Committee: M. Strauss (Chairperson), M.S. Msomi, K.G. Mustard, C.L.D. Petit, G.F. Phillips, K. Seegobin & R.S. Green (Consultant). Costs Committee: T.P. Poyo-Dlwati. (Until appointment as Judge), Paul Hay & Lalit Mehta. Provincial Integrated Justice System Committee T.A. Tembe, S.A. Jazbhay, G.J. McLachlan & C. Pillay. Committee to consider Acting Judicial Appointments: M.A.A.S. Essa (Chairperson) & K. Govender (NADEL), T.P. Poyo-Dlwati (until appointment as Judge) & M. Nxumalo (BLA), E.R. Barry (alt P. Sham) & Mr S.A. Jazbhay (non-BLA/NADEL). School for Legal Practice in Durban:

Executive Committee Members: Fahreen Kader (Director) K. Govender (NADEL) Ms T.P. Mapipa-Ndlovu (BLA) S.A. Jazbhay (non-NADEL/BLA)

Board of Control Members: S.A. Jazbhay & U. Jivan (non-NADEL/BLA). K. Govender (NADEL). R.R. Badal T.P. Mapipa-Ndlovu (BLA).

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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.R. Badal & L.C. Peter.

Advocates: M.G. Roberts SC (PMBurg), A.M. Annandale, H.S. Gani & S. Jikela. G.M. John (Director - Ex-Officio), and the Director of Public Prosecutions S. Ramouthar, by invitation only. High Court Liaison Committees with Registrars: Durban: U. Jivan (alt. V.R.D. O'Connell). Pietermaritzburg: M.A.A.S. Essa & C. Pillay. Master's Office Liaison Committee:

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. Ten-Person Liaison Committee: Judiciary : Judge Kruger & Judge Mnguni Bar : Adv A. Annandale SC (Chairperson) & Adv G. Harper SC Attorneys : Asif Essa & Madoda Nxumalo (High Court Representatives) (alt. Bedver Irving) Rob Whitehorn & Ash Haripersad (Magistrates' Court Representatives) Magistracy : Ms T. Tonjeni, Chief Magistrate, PMBurg (District Courts Representative) Mr E. Nzimande, Regional Court President (Regional Courts Representative)

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PANELS OF EXAMINERS: Practice, Procedure and Bookkeeping: Durban: A.H. Trikamjee (Convenor), M.H.G. McKenna, V.S. Rajah, S.C. Dlomo, Madam Justice N.H. Radebe, G.A. Pentecost, E.P.M. Radebe, M.B.S. Masipa & M.L. Pillay. Pietermaritzburg: S.N. Chetty (Convenor), P. Govindasamy, M.I.A. Ganie, K.S. Chetty, P.S. Hay & M. Dorasamy. Notaries: S. Dasrath (Convenor), K.K. Seegobin, M.P. Maphumulo, J.O. Christie, L.M. Phungula & H. Goga. 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. COUNCIL MEETINGS: Attendances: Number of Meetings Attended:

Messrs: Present Out of Apologies

R.R. Badal 12 12 E.R. Barry 8 12 4 Leave of Absence J.O. Christie 11 12 1 Leave of Absence M.A.A.S. Essa 12 12 P. Govindasamy 10 12 2 Leave of Absence S.A. Jazbhay 9 12 3 Leave of Absence U. Jivan 11 12 1 Leave of Absence N.S. Khanyile-Kheswa 12 12 G.J. McLachlan 11 12 1 Leave of Absence E.A. Moolla 11 12 1 Leave of Absence M. Neluheni 12 12 X. Ntshulana 8 12 4 Leave of Absence M.S.O. Nxasana 3 3 1 Leave of Absence V.R.D. O'Connell 10 12 2 Leave of Absence L.C. Peter 8 9 1 Leave of Absence C. Pillay 11 12 1 Leave of Absence R.N. Scott 10 12 2 Leave of Absence P. Sham 12 12 M. Strauss 11 12 1 Leave of Absence P.F.D. Takalo 12 12 E.B. Zaca 9 12 3 Leave of Absence Alternates: R.F. Sobey 2 2 Non-NADEL/BLA I. Lax 1 1 NADEL

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STATISTICAL INFORMATION: 2014 2013 2012 2011 2010 Membership: Total 3,034 2,937 2,862 2,817 2,825 Pietermaritzburg 482 469 453 435 437

Durban 1,114 1,153 1,156 1,190 1,213 Country 1,409 1,294 1,243 1,108 1,085 Declared Members 29 21 10 84 90

Practising Firms: Total 1,703 1,677 1,655 1,602 1,567

Pietermaritzburg 211 196 190 180 177

Durban 652 667 665 643 629

Country 840 814 800 779 761

Subscriptions: R R R R R Pietermaritzburg & Durban 2,291 2,120 1,778 1,436 1,265 Country 2,166 1,995 1,653 1,311 1,140 Declared Members 1,585 1,414 1,414 1,072 901 Gross Income 17,249,789 14,127,156 12,809,179 12,747,828 14,488,337 Gross Expenditure 14,011,25 10,931,657 12,598,214 15,366,086 12,075,593 Surplus (Deficit) 3,238,764 3,195,499 210,965 (2,618,258) 2,412,744

Capitation Levy to: Law Society of South Africa 1,115,680 1,053,360 1,038,540 902,500 1,409,800 Agency Fee: On interest received on behalf of Fidelity Fund 5,798,982 5,214,445 6,649,958 7,107,490 8,487,987 The above as % of gross income

34%

37%

52%

56%

59%

2014 2013 2012 2011 2010 Admissions during the year: Attorneys 301 274 286 241 272 Conveyancers 29 17 11 9 31 Notaries Public 8 6 10 9 20 Re-Admissions as Attorneys: 2 1 3 3 1 Candidate Attorneys: Total Articles/Contracts registered 393 416 399 390 341 Cessions registered 67 65 25 45 46 Articles cancelled (not terminated) 46 21 13 14 5

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2014 2013 Attorneys from Other Provinces Enrolled in KZN: 20 32 Attorneys' Names Removed from Roll, at Own Request: 11 9 PRACTISING ATTORNEYS WHO HAVE PASSED AWAY: 2013/10/21 Raasma Devi Punchoo 2013/10/22 Purushothma Chellakooty 2013/10/24 Riana Louise Moore 2014/03/08 Bedver John Henry Irving 2014/04/09 Ian Thomson Reid 2014/04/11 Amardeep Dayanand Beekarun 2014/04/28 Vusumuzi Emmanuel Khanyile 2014/05/03 Carl Frank Muller 2014/05/04 Aurelia Nomcebo Zondi 2014/06/18 Gamanlal Dwarkadass 2014/06/18 Pamela Dawn Gilson 2014/07/29 Martin Edward Kleyn 2014/08/02 Colin Botha 2014/08/05 Hoosen Jasat 2014/09/11 Donald Bonar Malizo Kali EXAMINATION RESULTS:

Practice, Procedure and Bookkeeping:

August 2013 Part 1 Part 2 Part 3 Part 4 Totals Entered 349 318 429 359 1455 Wrote 331 303 389 329 1352 Passed 264 193 127 274 858

February 2014 Part 1 Part 2 Part 3 Part 4 Entered 254 358 461 297 1370 Wrote 239 331 420 265 1255 Passed 172 237 262 163 834

Conveyancing: September 2013 May 2014 Entered 117 91 208 Wrote 84 73 157 Passed 27 13 40

Notaries: October 2013 June 2014 Entered 66 42 108 Wrote 48 31 79 Passed 4 11 15

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LIFE MEMBERSHIP AWARDS:

The Council has awarded Life Membership to the following persons for 50 years of dedicated practice as Attorneys:

Moira Ann Medalie, admitted on 26 April 1960. Hassim Mahomed Seedat, admitted on 5 March 1964. Raymond David Wartski, admitted on 6 March 1964. Zubeda Kassim Seedat, admitted on 23 March 1964. Pieter Daniel Jacobs, admitted on 12 August 1964. KZNLS PRIZES AWARDED TO UNIVERSITY STUDENTS:

The Council has awarded prizes for the best final-year law students for the year 2013 at the following Universities mentioned below:

University of KwaZulu-Natal, Pietermaritzburg – Ugendran Nadasen Odayar. University of KwaZulu-Natal, Durban – Caleb Joel Tudor Jones. University of Zululand – Ms Rubavanie Marimuthu. 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 Justice Reichin Ramsamy Bala Govender, Pat Naidoo & Co. Rajah, Pillay Attorneys 2-3 Partners/Directors Halstead Paola Thorrington-Smith & Silver Cox & Partners 4-6 Partners/Directors Meumann White DBM Attorneys Randles Inc. 7-10 Partners/Directors J. Leslie Smith & Co. Inc. Mooney Ford Attorneys Barkers 11+ Partners/Directors Strauss Daly Inc. Shepstone and Wylie Garlicke and Bousfield Inc.

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PRESIDENT'S ANNUAL REPORT FOR THE YEAR 1 JULY 2013 TO 30 JUNE 2014

A. GENERAL

INTRODUCTION It gives me great pleasure to report on the activities of the Council for the year under review. As you are no doubt aware, our profession continues to face increasingly more and more challenges. From the statistics which forms part of this report, you will note that our membership is growing every year, resulting in greater regulatory oversight but limited human resource capacity to overcome in a quick turn around time the numerous problems that confront the Council. At the commencement of my tenure our country, indeed the world, bemoaned the passing away of the Father of our Rainbow Nation our very own Nelson Rolihlahla Mandela. As the first President of a democratic constitutional State, he was the moral compass and the shining beacon of light which guided us in our arduous journey to our quest for a fair and just society based on dignity, equality and freedom which are values that underpin our constitution. I record that Mr Mandela was one of us, a dedicated attorney and one of the first Black lawyers in our country. He practised at the height of apartheid serving the poor, the marginalized and disenfranchised. In so far as the legal profession is concerned he also initiated legislation to reform the profession, such as the Right of Appearance of Attorneys in the High Court. The Legal Practice Bill which has just been enacted and is no doubt one of the great reforms initiated under the presidency and leadership of Mr Mandela to transform the legal profession for the benefit our society. Let us remember the legacy of Mr Mandela. A man with an amazing smile, full of love but infused with humility. As members of an honorable profession let us actively strive to ensure the legal reforms initiated by this great soul. These reforms are meant for the good and benefit of our South African society whether poor or rich, black or white. His sacrifice against all odds must be a lesson for all of us, the world over. It is important to remember his well known statement made from the dock during the Rivonia trial when he was sentenced to life imprisonment:

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“During my lifetime, I have dedicated myself to the struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities, it is an ideal which I hope to live for and achieve. But if needs be, it is an ideal for which I am prepared to die.”

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The major issues facing the profession continue to be the Legal Practice Bill, the unification of the Rules of the various Law Societies and the on-going engagement in regard thereto.

THE LEGAL PRACTICE ACT The Legal Practice Act No. 28 of 2014 was signed by the President by President Jacob Zuma on 20 September 2014 and published under Government Gazette No. 38022 dated 22 September 2014. The Society as a constituent member of the Law Society of South Africa has been involved in discussions and planning around the practical implementation of the Act. We have adopted a pro-active approach in nominating representatives to serve on the National Forum and by adopting the National Uniform Rules for the profession. UNIFORM NATIONAL RULES At our 2013 AGM members approved the Draft Uniform Rules which document was forwarded to Judge President Patel of the High Court of our Division who approved the draft rules subject to minor amendments. The latest draft, which was settled in September 2014 and agreed to by constituent members, serves before this meeting to be noted. Members’ attention has been drawn hereto by notice from the Society in Circular 4 and a website link provided.

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THE ATTORNEYS DEVELOPMENT FUND (ADF) Members are encouraged to make use of the facilities offered by the Fund should they qualify to apply for same. The online application is being revamped to be interactive as opposed to the current PDF format to facilitate and easier process. The Society has provided a link on its own website to that of the ADF.

THE FINANCIAL INTELLIGENCE ACT The Society has entered into a Memorandum of Understanding with the Financial Intelligence Centre in terms of which the Society is the Supervisory Body and as such is required to conduct formal inspections in terms of the FIC Act. Member firms, which are Accountable Institutions, are to ensure compliance with the requirements of the Act. To this end the Audit Report format has been amended to include a statement by the auditor on the FIC status and compliance of attorney firms. The Society will have to inspect those member firms which are reported to be non-compliant. Currently there are only 65% of member firms that are registered with FIC. The Society urges all members to ensure that they are registered and to contact the Business Development department should they require assistance.

LIBRARY SERVICES The library continues to provide a valuable service to members, which service has extended to members in other jurisdictions as a result of the considerable electronic resource material which the library has access to and has steered the library towards being a national resource. We are grateful to the Attorneys Fidelity Fund for the funding contribution towards the escalating costs of operating the library. We continue to encourage the use of the library and the substantial resources that we continue to invest in and make available to members.

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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 and has for many a year sub-vented the cost of the attendance of a significant delegation of Councillors to the Annual Conference. This year the Annual Conference was held in Victoria Falls, Zimbabwe from the 21st – 24th August 2014. The 2015 Annual Conference and General Meeting will be held in Tanzania.

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 separate reports pertaining to the Society's finances.

PRACTICE SUPPORT The Society, through this Committee, has held numerous workshops covering such areas as High Court Procedure, Legislative Amendments to Labour Legislations, New Companies Act, Magistrates' Court Rules and forms, their practical implementation and procedural changes resulting there from, Magistrates' Court Legal Costs workshop (Practical overview Magistrate's Court Legal Costs), Drawing & Taxation of High Court Bills of Costs; Court Appearances and Etiquette in Magistrate's Courts : A practical guide for Candidate Attorneys, Administration of Estates : Introductory Course These have been well attended and well received This Committee also deal with Applications for Exemption and Extension in respect of the Mandatory Practise Management course.

MASTERS LIAISON COMMITTEE 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.

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Discussions surrounding the electronic administration and management of documentation have been elevated to a national level. The Society continues to liaise with the Masters’ Offices in an effort to address issues of mutual interest and concern and to improve efficiency and working relationships. Members have been made aware of the complaints from the Masters Offices that there has been collusive behavior between employees of the Masters Offices and attorneys and so we impresses upon members to uphold the ethical standards to which they have subscribed in becoming part of the profession and to serve the needs of the public and that both institutions must be alerted where there is any suspicion of collusive behaviour. PRO BONO COMMITTEE The Society has entered into joint venture Pro Bono Agreements with ProBono.Org and Legal Aid South Africa. In terms of statistics we have referred 63 matters to ProBono.Org; 430 to the Refugee Clinic; 485 to the Masters Clinic; 181 to the Housing Clinic; 211 to the Divorce Clinic; to 330 to the Labour Clinic. There has therefore been significant interaction in terms of the Agreement. The Society has received information which reflects that 74 attorneys rendered 279 hours of pro-bono work. There are many more members that 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 addition 178 member firms participated in the National Wills Week held in September 2014. The Society acknowledges the special contribution of those members who serve as Small Claims Court Commissioners throughout the province. They do the profession proud. We commend all those who reach out to the indigent in the pursuit of access to justice. The Society is also dealing with infrastructure to offer the first interview scheme on a more structured basis and members will be advised thereof shortly. Members may contact the Pro Bono Administrator on Telephone: 033 345 1304 or e-mail probono@lawsoc.co.za.

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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_%202013.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

MAGISTRATES COURT The Committee continues to liaise with Court personnel as regards the state of the Court and its processes in the interest 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, particularly by the eThekwini Municipality where members of the committee held face to face meetings with representatives from the Municipality. In circumstances where deemed necessary concerns have been elevated to national level such as the difficulties experience with the SARS transfer duty e-filing system. The Committee will shortly be considering the approved increase in conveyancing fee guidelines which will necessitate adjustments to the KwaZulu-Natal intra-provincial lodging fee guidelines.

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PROVINCIAL EFFICIENCY ENHANCEMENT COMMITTEE (PEEC) Chief Justice Mogoeng Mogoeng of the Constitutional Court has established a National Efficiency Enhancement Committee which includes all stakeholders in an attempt to consider the efficacy of current Court processes and how these can be improved in the interest of delivering justice expeditiously. He has commissioned the Judges President to similarly establish and chair Provincial Efficiency Enhancement Committees (PEEC) on which the Society has representation. The Committee has had three meetings to date. The establishment of these committees has placed a hold on the operation of the High Court and Ten Person Liaison Committee until the terms of reference of the PEEC is clarified in order to avoid duplication and counter-productivity.

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 import and assistance to members.

REFORM AUDIT SUPPORT SYSTEM (RASS) As reported to members previously, the RASS program has been replaced with a risk management program addressing the risks of the Fund and that of the KwaZulu-Natal Law Society. As part of this process, a Compliance Support Program will be adopted after the conclusion of the RASS inspections, the deadline for which is 30 November 2014. New entrants into the profession were identified as a specific risk area highlighted by the declining average period to closure considering the inadequate initial support period of 6 months and thereafter assume that the practitioner is operating within a compliant and sustainable environment. The Compliance Support Program of the Fund is based on the following criteria: • This is a compulsory compliance support program for newly admitted attorneys

practicing for own account, irrespective of the size of the firm. The basis of the proposed program is a routine inspection process, with support as a fundamental requirement, ensuring a significant compliant environment before exiting into the mainstream external audit process.

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• Maximum participation in the program is 24 months, where after the practitioner need to move into the mainstream external audit process and comply with Rule 21A.

• Any longer participation is at the discretion of the Fund, depending on the firms

risk assessment and compliance environment, in consultation with the practitioner and the KwaZulu-Natal Law Society.

• Inspection reports and self-certification will be submitted to the Council for

consideration in respect of any required disciplinary processes. • Earlier exits from the program into the requirements of Rule21A could be

supported on motivation by the practitioner and the risk status of the firm. The Society will continue to support the AFF in this and other risk management initiatives and to this end has, on several occasions, included the Fund on inspections.

SHERIFF LIAISON COMMITTEE The Committee has met with the Board for Sheriffs as well as representatives of Sheriffs in KZN to discuss service delivery and the general difficulties experienced by both attorneys and sheriffs in the course of their interaction in an attempt to address problem areas and find solutions. Apart from this liaison representation at the PEEC meetings will ensure that the difficulties experienced will be address at this level as well.

ACTING JUDICIAL APPOINTMENTS COMMITTEE The Committee has not dealt with applications recently as the Judge President advised the Society that there are no vacancies and that he will therefore not be making any acting appointments save under urgent and unforeseen circumstances when he would exercise his discretion in making such appointment. The Committee will however reconsider the processes being implemented in the interest of the profession and those making application for appointment to Acting positions and will advise members in due course.

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I must mention at this juncture that a former Councillor and colleague, Thoba Poyo-Dlwati, was recently appointed as a permanent Judge of the High Court of KwaZulu-Natal. We are proud of her achievement and wish her every success on the bench.

SARS: REGISTRATION AS TAX PRACTITIONERS The Society is recognised as a Responsible Body under Section 240A(1)(b) of the Tax Administration Laws Amendment Act, 21 of 2012, for purposes of the registration of attorneys as tax practitioners under this Act. A complaint in terms of Section 241 of the Act against an attorney who is registered as a tax practitioner, can be lodged with the relevant Law Society, which will deal with it in terms of its normal disciplinary rules. The Society has registered with SARS online in order to effect electronic validations for members. Members who are having difficulty with the validation of their information should contact the Society, specifically Kerwin Basson (kerwin@lawsoc.co.za).

C. REGULATORY AFFAIRS: MISCONDUCT MATTERS The following is a report on matters dealt with by the Regulatory Affairs Department during the period 1 July 2013 to 30 June 2014 -

1. COMPLAINTS

In order to assist the Council in dealing with complaints relating to unprofessional conduct it has appointed: 5 Complaints Committees 2 Estates Complaints Committees 5 Trust Audit Reports Complaints Committees 5 Non-Response Complaints Committees 1 Councillors Complaints Committee 1 Ad hoc replacement Complaints Committee New complaints files opened 1318 Miscellaneous complaints dealt with by the department 1300

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Complaints referred to Complaints Committees: Dismissed 158 Fines imposed 372 (Totalling R2 900 500) Reprimands imposed 4 The following were the types of conduct for which members were found guilty of unprofessional conduct:- (1) Failure to reply to complaints: 81 (2) Failure to lodge, or to lodge timeously, trust audit reports: 198 (3) Failure to apply/apply timeously for Fidelity Fund Certificates: 43 (4) Failure to respond where a duty to respond promptly: 5 (5) Failure to attend properly & expeditiously to clients' matters: 12 (6) Failure to account, or to account promptly, to clients: 4 (7) Failure to exercise proper supervision over employees: 2 (8) Failure to treat a colleague with courtesy: 2 (9) Failure to administer a deceased estate properly & expeditiously: 6 (10) Failure to appear in Court to represent clients: 2 (11) Acting in a conflict of interest situation: 4 (12) Misleading a Court: 1 (13) Overcharging 4 (14) Acting in a reverse referral of instruction situation with Advocate 1 (15) Failure to carry out mandate 1 (16) Failure to pay expert 1 (17) Issuing a trust cheque when no funds available; 1 (18) Failing to honour undertaking; 1 (19) Bringing the profession into disrepute; 1 (20) Failure to engage expert before issuing summons; 1 (21) Wrongly crediting money that was due to complainant to a third

party; 1 2. ASSESSMENTS

15 Assessments were conducted.

The following members acted as Assessors:- Mr G A Pentecost : Mr N C V de Freitas : Mr A Naidoo : Mr U Jivan : Mr E Barry : Mr P Bahadur : Ms A Gounden : Ms M Curia : Mr J Botha : Ms I Abraham

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.

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The following members were appointed to the pool of assessors:- Mr P Bahadur : Mr E R Barry : Mr M Y Baig : Mr P K Coetzee : Ms K Crouch : Mr D N C V De Freitas : Mr S A E Fakroodeen : Mr M I A Ganie : Mr A Haripersad : Mr B J H Irving : Ms S Keshav : Mr A Kissoonlal : Ms N E Memke : Mr C Moodley : Ms H Mung-Lee : Mr G A Pentecost : Mrs C Pillay : Mr R Ramdaw : Mr R M Ramkhelawan : Mr A B L Scott : Mr A S Sibran : Ms I Singh : Mr R Stretch : Mr A E Volsum : Ms A Gounden : Ms M Curia : Mr J Botha : Ms I Abraham.

3. ENQUIRIES

3 Enquiries were conducted and finalised; there are 43 Enquiries pending.

4. INSPECTIONS

13 inspections were conducted and finalised; there are 23 inspections pending.

5. PROSECUTION FOR THEFT OF TRUST FUNDS In instances 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 25 former attorneys. The Attorneys Fidelity Fund has its own prosecutions department which assists the SAPS and NPA to ensure the successful prosecution of the errant former attorney.

6. STRIKE OFF APPLICATIONS

The following members were struck of the roll of attorneys by the High Court: (1) Rabiah Abdul Wahhab Motala (2) Faizal Mohamed Jakaira Suleman (3) Lynette Naomi Brijraj (4) Sunrise Mzwandile Masango (5) Sundeep Singh

There are 13 pending Applications.

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7. SUSPENSIONS

The following members were suspended from practising as attorneys:-

(1) Anthony Makan (2) Mahen Devnarain (3) Siphosethu Francis Mkhwanazi (4) Joshua Mohlaudi Morai (5) Basil Robert van den Berg (6) Tladi Marcus Mosae (7) Sganeko Lulama Jason Ndumdum - uplifted (8) Rosemond Andile Matubatuba - uplifted (9) Francois van Zyl - uplifted (10) Clinton Louis Short (11) Wilson Sanele Gabele - uplifted (12) Farhad Moosa Lockhat (13) George Barsley Moloko - uplifted (14) Dhenasagren Nadaraj Moodley (15) Mlungisi Wiseman Ngcobo (16) Alwyn Singh - uplifted

There are 22 pending Applications.

8. CURATOR BONIS APPLICATIONS

In the following instances the Society applied 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 Terenne Reddy (2) Late Eugene Steyn (3) Late Gert Coetzee (AD Millar & Kimber) (4) Late Bernard Hirasen (5) Late Ivan Manickum

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:-

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Siva Chetty & Co. Venns. Ngcobo Poyo Diedricks Inc. Ganie & Co.

Buthelezi Inc. and Laing & Associates were appointed to recover outstanding debt due to the Society, e.g. fines, subscriptions and court application costs. Anand Nepaul Attorneys is currently acting on a probono basis in a matter where there is a dispute of fees between the Society’s panel attorney and the advocate instructed in the matter.

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 23 firms for the period under review.

D. CONCLUSION It is not my intention during the AGM to deal in any detail with the matters contained in this Report. I assume that members have read this Report before the AGM and I therefore request that, should members wish to raise any matters arising from this report, they are kindly requested to raise the matter(s) well before the AGM with our Director, Gavin John to enable Council to answer any queries fully and competently. Members' co-operation in this regard will be appreciated. In conclusion I thank my Council members for their support during the year. The formation of Council in the format as it presently exists with the sharing of power among the three constituent groups, namely, BLA, NADEL and Non-BLA / Non-NADEL members since 1998 arising from an agreement mapped out during the Mandela regime has ensured our commitment to the transformation of the legal profession in particular and society in general, on the understanding that the profession does not exist in a vacuum but is born from society. This process of transformation is not easy but a difficult road to traverse. Despite the challenges faced not only by the Council in the transformation of the profession, I am certain that we shall overcome these challenges and move forward in our quest for a democratic, non-racial and united legal profession.

The recent impasse when BLA and NADEL members of the Council suspended their participation in the affairs of the Council is an example of differing views of members of the Council, but in the spirit of the 1998 agreement members of the Council set their differences aside in order to work in the interest of our members and the public, but above all in the interest of a transformed legal profession. I take this opportunity to also thank the many members of our Society who have willingly volunteered their time this past year to serve the Society. Your efforts have not gone unnoticed. I also thank the management team and staff of the Society for their hard work and dedication under circumstances which are trying for most times. I should indicate that the management team reflects our Society’s transformation programme. I wish them every success in the future. It has been a privilege to serve the Society and our profession in the capacity of President. It has been a wonderful and fulfilling year despite the many challenges. For this I am most grateful.

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