The first election period for the new Legal Practice Council (LPC) closed at 12 noon today, 3 October 2018. Throughout the nomination and election process for Council members for the LPC, the Law Society of South Africa (LSSA) has encouraged legal practitioners to participate in this historic process which will bring into existence a national body to regulate all legal practitioners – attorneys and advocates – for the first time in the history of the legal profession.

The LSSA has noted with concern the views expressed by some legal practitioners in the media criticising as unconstitutional the ‘quota system’ for the election of LPC Council members gazetted as part of the regulations made by the National Forum on the Legal Profession (NF) under section 109(1)(a) of the Legal Practice Act 28 of 2014.

‘We acknowledge that, as this is the first of such elections, it cannot be expected to be perfect nor totally satisfactory. Although the Act itself does not define the quotas, it does require that the composition of the LPC must, as far as practicable, take into account the racial and gender composition of South Africa - not that of the legal profession,’ note LSSA Co-Chairpersons Mvuzo Notyesi and Ettienne Barnard.

Attorneys must vote for the ten attorneys and advocates for the six advocates to serve on the LPC. In terms of the regulations to the Act, four black women attorneys, three black male attorneys, one white woman attorney and two white male attorneys with the highest number of votes in their respective categories will constitute the ten attorneys on the Council, and similarly the two black women advocates, two black male advocates, one white woman advocate and one white male advocate with the highest number of votes in their respective categories will represent the advocates’ profession on the Council.

The LSSA points out that the NF – which included representatives of the attorneys’ and advocates’ professions – debated and agonised over this issue extensively and painstakingly over many meetings. Similarly, the Justice Portfolio Committee was not comfortable with the concept of quotas. ‘We all agree that this is not the ideal way to elect representatives, but we understand that, until such time as the demographics of the legal profession reflect the demographics of our country, this was the reasonable way to ensure demographic representation of black and women Council members on the new Legal Practice Council,’ say Mr Notyesi and Mr Barnard.

They add: ‘This process can apply to the FIRST election only. Once the first Council is elected, it may consult, consider constitutional and statutory imperatives, and decide on the most suitable and democratic way for a transformed legal profession to vote. We urge all South Africans, in particular legal practitioners, to support the efforts which are intended to transform the profession.’

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Barbara Whittle – barbara@LSSA.org.za Tel: (012) 366 8800 or 083 380 1307
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 076 026 5997

The Law Society of South Africa (LSSA) welcomes the announcement by the Minister of Justice and Correctional Services, Adv Michael Masutha, that the elections for the Legal Practice Council (LPC) will commence with the nomination of Council members to the LPC, which starts at midnight on 5 September 2018. All practising legal practitioners are urged to participate fully in the elections.

An independent body, the Electoral Institute for Sustainable Democracy in Africa (EISA), will manage and oversee the elections. Nominations must reach the LPC’s election agency, EISA, by midnight of 14 September 2018. Voting via the ballot papers distributed will start at midnight on 19 September 2018 and will close by midnight on 30 September 2018. Results will be released by 4 October 2018.

The attorneys’ profession affirms the comments by the Minister and will continue to support the objectives of the Legal Practice Act (LPA) and specifically the ones highlighted at the media briefing, namely:

• a uniform regulatory body for all legal practitioners;
• transformation of the legal profession to reflect the demographics of the country;
• to consider gender representation specifically in the advocates’ profession;
• the establishment of the Office of the Legal Services Ombud;
• to increase access to justice by the introduction of community service for candidate and practising legal practitioners; and
• transform the dispensation for the conferral of senior counsel (silk) status.

The LSSA acknowledges the work and sacrifices made by the legal practitioners and other members who worked tirelessly on the National Forum to guide the profession to this historic moment when a transformed and unified regulatory body will take the legal profession forward.

The LSSA will continue as the unified, independent, representative voice of the attorneys’ profession, acting in the interest of the public and the profession; and defending the Rule of Law.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 076 026 5997
 

As has become tradition over the past few years, members of the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week from 17 to 21 September 2018. Attorneys’ firms throughout the country are participating in the National Wills Week project.

‘If you are a parent, a breadwinner, a homeowner and generally want to ensure that your affairs are in order, it is important that you have a valid will drafted by a professional. A valid will allows you to state your last wishes, who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children’, say Law Society of South Africa (LSSA) Co-Chairpersons, Mvuzo Notyesi and Ettienne Barnard.

If you were married, divorced or widowed recently, or you have started cohabitating with your partner or have bought new property you must have a will. Similarly, unmarried persons – particularly those who may have a number of people and extended family members who depend on them financially – should ensure they have a will in place, as several people could make a claim on their estates.

‘By ensuring that you have a valid will, you as the testator, can protect the interests of your loved ones and ensure that there is no delay in settling your estate after your death. It also ensures that your executor will act according to your wishes as set out in your will. A valid will allows you to state who should inherit your assets and property, to appoint an executor of your choice for your estate and also a guardian for your minor children,’ add Mr Barnard and Mr Notyesi.

During National Wills Week from 17 to 21 September 2018, attorneys participating in the National Wills Week initiative will display posters with their contact details so that members of the public can make appointments with attorneys in their area. In addition, the contact details and addresses of all participating attorneys can be accessed on the LSSA website at www.LSSA.org.za or by contacting the relevant provincial law society.

What you should take to the attorney for your will to be drafted

• Your ID document
• A list of what you own (including specific personal items that you wish to bequeath to specific people)

Before you go to the attorney, think about
• Who must get what?
• Who should be the legal guardians of your minor children (those under 18)?
• Who should be the executor of your will? This could be your attorney or a close family member or friend. If you decide on a family member or friend, it is advisable also to nominate the attorney as co-executor as the attorney will deal with any legal issues.

Why should an attorney draft your will?

A practising attorney has the necessary knowledge and expertise to ensure that your will is valid by complying with all the legal requirements in the Wills Act and also that it complies with your wishes. An attorney can also advise you on any problem which may arise with your will and assist your executor. Often a will is not valid because the person who drafts it does not have the necessary legal knowledge to ensure that all the legal requirements of the Wills Act are met. These include the fact that the will must be in writing, it must be signed by the testator in the presence of at least two competent witnesses, and also signed by the witnesses.

What could happen to your estate if you die without a valid will?

If you die without leaving a valid will, your assets will be distributed according to the provisions of the Intestate Succession Act. These provisions are generally fair and ensure that your possessions are transferred to your spouse and children, and where applicable, to siblings, parents, and if required, then to the extended family in terms of degrees of relationships.
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But, the following problems may arise if you die without leaving a will:
• Your assets may not be left to the person of your choice.
• It can take a longer time to have an executor appointed. The executor who is appointed may be somebody you may not have chosen yourself.
• There could be extra and unnecessary costs.
• There could be unhappiness and conflict among members of your family because there are no clear instructions on how to distribute your assets.

Where to find an attorney to draft your will:

The contact details of attorneys participating in the National Wills Week project can be accessed on the LSSA website at www.LSSA.org.za.

Alternatively, call the relevant provincial law society: For attorneys in –
• Gauteng, Mpumalanga, Limpopo, North West call the Law Society of the Northern Provinces at (012) 338 5800;
• the Western, Eastern and Northern Cape call the Cape Law Society at (021) 443 6700;
• Free State call the Law Society of the Free State at (051) 447 3237;
• KwaZulu-Natal call the KwaZulu-Natal Law Society at (033) 345 1304.
• Or call the Law Society of South Africa at (012) 366 8800.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 079 972 0072