Law Society of the Northern Provinces press release on the Hawks Investigation
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The Council of the Law Society of the Northern Provinces has with concern noted the developments surrounding the investigation by the Hawks of inter alia the Minister of Finance, Mr Pravin Gordhan. The Council appeals to the authorities involved to ensure that the investigation is conducted within the confines of the principles of our criminal law, without any outside or other interferences and/or motives entering the fray.
ANTHONY MILLAR
President
Get your will drafted for free by an attorney during National Wills Week from 12 to 16 September 2016
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 12 to 16 September 2016. Attorneys’ firms throughout the country are participating in the National Wills Week project.
‘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. By ensuring that you have a valid will, you can protect the interests of your loved ones and ensure that your executor will act according to your wishes as set out in your will,’ say Law Society of South Africa Co-Chairpersons, Jan van Rensburg and Mvuso Notyesi.
Persons who have been recently married, divorced or widowed, or those who have been cohabitating with their partners for some time, should also consider having a will drafted. If you have been cohabitating with your partner, it is advisable to have a will to ensure that there are not competing claims on your estate. Similarly, unmarried persons – particularly those who may have a number of people that depend on them financially – should ensure they have a will in place, as several people could make a claim on their estates.
During National Wills Week, attorneys participating in the 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 of all participating attorneys can be accessed on the LSSA website at www.LSSA.org.za or by contacting the relevant provincial law society (see below).
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.
Download our six-easy-steps to your will infographic here.
Where to find an attorney to draft your will
The contact details of all attorneys participating in the National Wills Week project can be accessed on the LSSA website here.
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, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department Tel: (012) 366 8800
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele, Communications Officer, at (012) 366 8800 or 072 402 6344 E-mail: nomfundom@LSSA.org.za
Law Society says elections generally free and fair, but will report irregularities to IEC
The LSSA deployed admitted attorneys across South Africa to observe the local government elections on 3 August 2016.
‘We would like to express great respect for the degree of management and effective coordination necessary to ensure elections are run according to legislation, taking into consideration the number of voters and voting stations on election day,’ say Mr Van Rensburg and Mr Notyesi.
The LSSA commends the IEC on a job well done and recognises the important role it plays in protecting and promoting our democracy.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department Tel: (012) 366 8800
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344 E-mail: nomfundom@LSSA.org.za
LSSA says elections generally free and fair, but will report irregularities to IEC
Law Society urges SABC to obey ICASA order to withdraw its censorship resolution
The LSSA further commends the Complaints and Compliance Committee (CCC) and the ICASA Council on its well-reasoned and powerful judgment supporting the right of the public to be informed of all action – illegal as it may be – so that it may be part of an open society where good and bad is broadcast and so that informed choices may be made by the public. It has been stressed that the right to freedom of expression is meaningless if there is not also a right, and thus a duty, to be informed on matters of public interest.
The LSSA appreciates the fact that ICASA’s CCC treated and dealt with the matter with the urgency that it warranted and echoes its view that the SABC’s obligations under the Broadcasting Act and its licences must be interpreted in a manner that promotes freedom of expression, which includes freedom of the press and other media, and importantly, freedom to receive or impart information or ideas.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department Tel: (012) 366 8800
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344 E-mail: nomfundom@LSSA.org.za
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 24 300 attorneys and 5 000 candidate attorneys.
Law Society shocked at murder of Kenyan human rights lawyer
‘We extend our condolences to our colleagues in Kenya and join the Law Society of Kenya (LSK) in expressing serious concern at what LSK Chairperson Isaac Okero has described as a dark day for the rule of law in Kenya,’ say LSSA Co-Chairpersons Mvuso Notyesi and Jan van Rensburg. They add: ‘The perpetrators must be seen to be dealt with to the full extent of the law.’
It is understood that Mr Kimani, a young human rights lawyer with the US legal aid group International Justice Mission – which deals with cases of police abuse of power – focused on defending political prisoners and victims of state abuse. Mr Kimani was defending a client who had accused local police of harassing and intimidating him in a bid to have him withdraw a complaint against a senior officer with the local Administration Police Unit.
Mr Kimani, his client and a taxi driver disappeared on 23 June and their bodies were found last Thursday evening in a river near Nairobi with signs of severe torture.
Mr Okero has been quoted as saying that the legal profession’s worst fears had been confirmed. Advocates and citizens are at risk of elimination by police death squads. The rule of law is under a serious threat, where the guardians of the rule of law risk their lives; then every Kenyan must be afraid. He stressed that failure by those charged with security cannot be tolerated.
Although three police officers suspected of being linked to the disappearance of Mr Kimani and his associates have been arrested, Kenyan lawyers are threatening to strike this week if senior police officers Inspector-General Joseph Boinnet and Deputy Inspector-General Samuel Arachi as well as Interior Cabinet Secretary Joseph Nkaissery do not resign over the killings.
‘Lawyers must be able to carry out their professional duties without fear of harassment or other threats. We stress the United Nations Basic Principles on the Role of Lawyers, which state that: “Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and that lawyers shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics”. We urge the Kenyan Government to ensure that all lawyers in their country are treated with the above respect and security of person which is due to them,’ say Mr Notyesi and Mr Van Rensburg.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307 or Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344.
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 24 300 attorneys and 5 000 candidate attorneys.
LSSA alarmed at developments at state broadcaster; SABC board urged to create an environment in which journalists can report without fear or favour
The LSSA urges the SABC Board to act decisively to deal with apparent systemic problems and editorial policies that may have led the state broadcaster to the position it is in now. 'Broadcasters and journalists should report the news, not become the news or self-appointed censors. Once this happens it is simply a shame and contrary to the values of an open and democratic society,' say LSSA Co-Chairpersons Mvuso Notyesi and Jan van Rensburg.
They add: 'Members of the public are entitled to professional, objective and fair reporting. This can never be compromised, but especially more so during the period leading up to elections. It is not for a broadcaster – especially the national state broadcaster – to take upon itself a censorship role and decide what the public may or may not see or hear, and what journalists may or may not report.'
There are press codes that guide reporters, publishers and broadcasters, and if members of the public are dissatisfied with reporting, they have access to the self-regulating Press Council and the Office of the Press Ombud to settle disputes over the editorial content of broadcasts and publications. Ultimately there is also access to the courts. It is, therefore, of paramount importance that the SABC Board should endeavor to create an environment in which journalists can report to the general public without fear or favour.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI and JAN VAN RENSBURG
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800
Contact:
Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344 E-mail: nomfundom@LSSA.org.za
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 24 300 attorneys and 5 000 candidate attorneys.
LSSA alarmed at developments at state broadcaster
Law Society urges government to ensure a climate for free and fair elections
‘The ongoing violent protests that we have witnessed in the media recently in the Tshwane area is of major concern. We believe these protests may persists and even intensify between now and the elections date. Threats of violence as well as allegations that certain parties are not allowed to campaign in certain areas are direct impediments to free and fair elections and to the constitutional right and duty on our citizens to vote freely. The acts of violence also constitute a threat to the rule of law and constitutional democracy in our country. The burning of shops belonging to foreign nationals echoes the xenophobic attacks which left the country bruised and battered not long ago and cannot be tolerated,’ say LSSA Co-Chairpersons Mvuso Notyesi and Jan van Rensburg.
They add: ‘For us as lawyers, protecting the rule of law and constitutional democracy is paramount. The LSSA will be fielding its team of attorney election observers across the country on 3 August in order to serve as the independent eyes and ears of the public to record and report on any incidents that may threaten these fundamental rights.’
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800 or Website: www.LSSA.org.za
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
or Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344.
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 24 300 attorneys and 5 000 candidate attorneys.
