Law Society welcomes Parliamentary decision on RABS Bill
Law Society condemns treatment of lawyers in Zimbabwe
Law Society provides clarity on RAF matter
Cape Bar v Minister of Justice & Others
Law Society welcomes appointment of Fhedzisani Pandelani as Acting Solicitor-General
Judgement reserved in Cape Bar vs Minister of Justice and Correctional Services and others
Law Society of South Africa supports 16 Days of Activism campaign for No Violence Against Women and Children
The Law Society of South Africa (LSSA) supports the 16 Days of Activism for No Violence Against Women and Children. This international campaign runs annually from 25 November to 10 December and it opposes violence against women and children.
The campaign aims to raise awareness of the negative impact that violence and abuse have on women and children and to rid society of such abuse.
South Africa has a history in the oppression of women. The inequality between men and women in their careers is endemic, the legal profession is no different from the patriarchal environment that practices inequality and the LSSA will continue to work on transforming the profession, including the equality of female lawyers.
The country witnesses the most harrowing violent acts of abuse committed on women and children, more so when it is performed by their loved ones, the very people who are supposed to protect them.
The recent campaign against femicide is part of this campaign, and it is apt to use the slogan in this campaign ‘you must be the change that you wish to see in the world’. All members of our society must join to eradicate this culture, which goes against our humanity and our African values.
‘We call on all citizens to commit to a community free of violence against women and children, beyond the 16 days,’ says LSSA President, Mvuzo Notyesi.
Mr Notyesi adds: ‘The LSSA and its gender committee has been engaging with Legal Aid South Africa to facilitate the involvement of legal practitioners at educational and outreach events aimed at raising public awareness of rights and the legal system in the context of domestic violence, children’s rights and related matters.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344
Law Society saddened at death of veteran radio personality Xolani Gwala
The Law Society of South Africa (LSSA) is saddened at the passing of radio presenter Xolani Gwala on 1 November 2019 at the age of 44.
Xolani succumbed to colon cancer after making his diagnosis public in September 2017.
‘Xolani Gwala was a passionate journalist who executed his duties without fear or favour. His insightful take on topical issues earned him the respect of listeners across the country. He had a brilliant mind that kept him on the cutting edge of the media. Xolani made sure that those who occupy positions of power are held accountable and he had a knack of getting his on-air guests to volunteer crucial information by treating them with respect even as he asked them difficult questions. We will miss his voice and his insight’, says LSSA President, Mvuzo Notyesi.
Xolani Gwala was also one of the few journalists who engaged with the LSSA and was vocal on the legal profession’s briefing patterns.
We express our deepest condolences to his family, friends and colleagues.
Unreasonable and unfair increased costs imposed on legal practitioners by regulatory bodies
The Law Society of South Africa (LSSA) is cognisant that the Legal Practice Council (LPC) and the Legal Practitioners Fidelity Fund (LPFF) are the two regulators in South Africa that regulate the legal profession in the public interest.
The LSSA appreciates, understands and respects the statutory functions enjoined to these two bodies in terms of the Legal Practice Act (LPA).
The LSSA’s constitution enshrines the rule of law as one of the key principles which the LSSA is committed to uphold and protect. The LSSA notes the regulatory function is based on the principle of the rule of law and cannot be exercised in a vacuum without consideration of the practitioners which the LPC and the LPFF are enjoined to regulate.
The LSSA is therefore concerned that recent proposals by the regulatory bodies has the potential to negatively impact on legal practitioners and may threaten access to and entry to the legal profession, as an unintended consequence of their proposals, viz.
The LPC in publishing rules that were placed in the recent Government gazette, that set levels of prescribed fees that in the view of the LSSA, as the representative body of the legal profession, is of serious concern in that:
• The fees were published without engagement with the profession.
• That the various levels proposed is arbitrary and irrational.
• That there appears to be no consideration by the LPC of containing its costs or proposed alternative measures, (most law firms are currently implementing stringent cost containment measures, due to the current economic realities in our country).
• That there is no financial basis provided for the establishment of these exorbitant increases.
• The punitive amounts proposed for practitioners based on years of service, which is divorced from the economic reality of the practices of these attorneys.
• That mere establishment of the various proposed levels based on demographics appears to be prejudicial and discriminatory.
• The increased costs have the potential to negatively impact on some the transformation objectives of the LPA (this responsibility vests on both the regulator and the profession).
The LSSA has resolved to request the LPC not to implement the revised annual levies on law firms and practitioners, subject to engagement and agreed consensus with the LSSA on the levels of annual levies.
The LSSA therefore calls for urgent engagement with the LPC and has been requesting a meeting for some time now, with no commitment from the LPC to meet with the LSSA to deal with serious issues facing the profession.
The LSSA as a key stakeholder is willing and committed to engage on the various issues and seek resolution, as the legitimate body representing the attorneys’ profession and the LSSA will consider all remedies available to protect the interest of its members.
The LSSA reminds all members to vociferously make their voices heard and their concerns known to the LPC and the public and to lodge these by 4 of November 2019, in terms of the notice placed in the Gazette by the LPC.
The LPFF has concomitantly also announced plans to levy legal practitioners for professional indemnity insurance, this is currently provided by the Legal Practitioners Insurance Indemnity Fund (LPIIF), of which the LPFF is the sole shareholder.
The estimate cost of PI insurance will eventually rise to above R10 000 p.a.
Similarly, this will also negatively impact on the cost of the profession as detailed above, in addition, there may be negative cost implications on the public, which in view of the LSSA is contrary to the objectives of the LPA.
The LSSA welcomes the decision by the LPFF to urgently consider to delay the proposed implementation of the recovery of the premiums payable for PI insurance, by a year.
In addition, the LPFF advised that the portal for legal practitioners to apply for their new Fidelity Fund certificates (FFC) will be opened shortly.
The LSSA is encouraged by the stance of the LPFF to engage with the LSSA and discuss options available to the LPIIF to address its underwriting losses, so that the financial impact on legal practitioners may be reduced.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344
Editor’s note:
The Law Society of South Africa brings together its constituent members – the Black Lawyers Association, the National Association of Democratic Lawyers and the provincial attorneys’ associations – in representing South Africa’s 27 200 attorneys and 6 600 candidate attorneys.
Law Society congratulates Springboks on Rugby World Cup victory
The Law Society of South Africa (LSSA) would like to congratulate the Springboks in their 2019 Rugby World Cup win.
The Springboks became Rugby World Cup champions after defeating England 32-12 in Yokohama, Japan, on Saturday 2 November.
‘The Boks, led by captain, Siya Kolisi and coach, Rassie Erasmus, not only won the World Cup, but also united our country. What a beautiful sight to see our rainbow nation stand together!’ The euphoria created by the sterling performance of the Boks have brought people of different races, cultures and walks of life together and united them for a common purpose,’ says LSSA President, Mvuzo Notyesi.
He adds: ‘The whole team played exceptionally well. We would also like to congratulate Makazole Mapimpi for making history by becoming the first Springbok player to score a try in a Rugby World Cup final. We would also like to specifically mention Rassie Erasmus, who prepared the team under difficult conditions and circumstances. He demonstrated commitment to transform the rugby environment whilst focussing on talent. He focused on constitutional values, which demand equal opportunities and realising the potential of all South Africans. His ‘Coach of the Year’ award is very well deserved. We also extend our congratulations to the technical support team – operating in the background – that worked with the Springboks.’
Siya Kolisi became the third Springbok captain to lift the Webb Ellis Cup. The other two captains that led the Springboks to victory are Francois Pienaar and John Smith. This third World Cup title draws the Springboks level with the All Blacks for the most Rugby World Cup victories. Siya Kolisi is the first black captain in the world, to lead a team to a world cup victory.
‘We wish to express our gratitude to all Springbok fans across the globe for their loyal and passionate support to the team throughout the various stages of the Rugby World Cup. This is the motivation and inspiration they needed to be crowned world champions. The victory challenges all South Africans to work together for our country,’ concludes Mr Notyesi.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
LSSA Communications:
Nomfundo Jele nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344
Editor’s note:
The Law Society of South Africa brings together its constituent members – the Black Lawyers Association, the National Association of Democratic Lawyers and the provincial attorneys’ associations – in representing South Africa’s 27 200 attorneys and 6 600 candidate
