Law Society saddened at death of Eastern Cape attorney, Gordon Pope
The Law Society of South Africa (LSSA) is saddened at the untimely passing of King Williams Town attorney and legal education instructor, Gordon Pope, on 24 October 2019 at the age of 53.
Gordon’s passion was the legal profession and from the start he was involved with the Cape Law Society and the King Williams Town Attorney’s Association. He was currently serving as a member of the newly formed Legal Practice Council.
‘As we acknowledge Gordon’s contribution to the profession, we also acknowledge the immense loss to his firm, clients, and mostly to his family. We extend the condolences of the attorneys’ profession to his wife Helen Pope, and his children Emma and Jack,’ says LSSA President, Mvuzo Notyesi.
Gordon was born in Cape Town on 13 February 1966. He attended a local primary school and then spent his high school years as a boarder at Grey High School in Port Elizbeth where he matriculated in 1983. As was the custom for young men at the time, Gordon had to do two years military service. He attained the rank of corporal.
Gordon attained his BA in 1988 and his LLB in 1991. He served his articles at Barnes and Ross (now Smith Tabata) in King Williams Town and was admitted as an attorney in March 1994. After 16 years with Smith Tabata, Gordon started his own law practice in 2009 and Pope Attorneys celebrated their tenth anniversary in June this year.
For the last number of years Gordon lectured at the University of Fort Hare and was an instructor at the LSSA Schools for Legal Education since 2005. He had a passion to teach candidate attorneys and was a strong advocate for the Schools for Legal Practice.
Gordon believed in skills development in the younger generation of attorneys and put these beliefs into action via his presenting of vocational training to others. He set an example to practitioners and remained faithful to these beliefs until the very end. In this way he contributed to access of the public to quality legal services.
He suffered a stroke while training and imparting knowledge to others. The profession salutes him.
Get your basic will drafted for free by an attorney during National Wills Week: 16 to 20 September 2019
Have you been recently divorced or widowed? Have you bought a new home? Have you been cohabitating with your partner for some time? Do you have a number of people that depend on you financially every month? If so, it is advisable to have a legally sound will
to ensure that there are not competing claims on your estate when you pass away.
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 16 to 20 September 2019. 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’, says Law Society of South Africa (LSSA) President, Mvuzo Notyesi.
‘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,’ adds Mr Notyesi.
During National Wills Week from 16 to 20 September 2019, attorneys participating in the 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.
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.
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.
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 welcomes President’s withdrawal of SA’s signature on SADC 2014 Protocol
The Law Society of South Africa (LSSA) welcomes the decision by President Cyril Ramaphosa to withdraw South Africa’s signature from the 2014 Protocol on the Southern African Development Community (SADC) Tribunal in compliance with the Constitutional Court ruling.
In March 2015, in Law Society of South Africa and Others v President of the Republic of South Africa and Others, the LSSA launched an application in the High Court to declare the actions of former President Jacob Zuma as well as the Ministers of Justice and International Relations and Cooperation in voting for, signing and planning to ratify the SADC Summit Protocol in 2014 as it related to the SADC Tribunal, to be unconstitutional.
The 2014 Protocol deprived citizens in the SADC region – including South Africans – of the right to refer a dispute between citizens and their government to a regional court if they failed to find relief in their own courts. By signing the 2014 Protocol, former President Zuma infringed the right of South African citizens to access justice in terms of our Bill of Rights. The 2014 Protocol limited the jurisdiction of the SADC Tribunal to disputes only between member states – and no longer between individual citizens and the SADC member states – in the SADC region.
In March 2018 the Gauteng High Court: Pretoria, declared the President’s participation in the suspension of the operations of the SADC Tribunal and his signing of the 2014 Protocol to be unlawful, irrational and unconstitutional. The Constitutional Court confirmed this constitutional invalidity in December 2018.
The SADC tribunal is supposed to be a body that allows member states, and citizens access, should internal remedies fail them, but in 2014 when former Zimbabwe President Robert Mugabe did not want farmers who lost their farms to seek relief there, he convinced other states to sign a protocol that would prevent individuals from going to the tribunal.
‘The LSSA could not sit by silently and let this happen as we strongly believe in enhancing access to justice, which includes access to the courts. We are elated that our efforts were not in vain. The SADC summit in Tanzania noted South Africa’s withdrawal in compliance with the ConCourt ruling’, says LSSA President Mvuzo 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
Apex court dismisses Proxi Smart’s leave to appeal application with costs
The Law Society of South Africa (LSSA) is ecstatic at the dismissal by the Constitutional Court of the application for leave to appeal in the matter of Proxi Smart Services (Pty) Limited vs the Law Society of South Africa and Others.
The matter was dismissed in early August. In the court order, the ConCourt concluded that ‘given the procedural insufficiencies in the applicant’s case, it is not in the interests of justice for it to adjudicate the issue on these papers’.
Proxi Smart Services (Pty) Limited applied to the Gauteng Division of the High Court for declaratory relief regarding the lawfulness of its business model for performing the administrative and related services pertaining to property transfers that it contended was not by law reserved to conveyancers or legal practitioners. The LSSA contended that the applicant’s attempt at creating a distinction between 'reserved work' and 'non-reserved work' had no basis in law, and that the full conveyancing process is regarded as professional work performed by conveyancers.
‘We are very happy with the judgement. The ConCourt order confirms the High Court's order that the applicant has not made out a case for the relief it sought. We are hopeful that this order brings the matter to a conclusion’, says LSSA President, Mvuzo Notyesi. He adds: ‘We would like to thank our legal team for their brilliant work, our attorneys at Maponya Attorneys as well as Advocate Allen Liversage SC and Advocate Lerato Maite.’
The matter was first dismissed by the High Court in February 2018 and denied the applicant leave to appeal in December 2018. The applicant then filed an application with the Supreme Court of Appeal, which was dismissed this May.
View all the Proxi Smart matter documents on the LSSA website: http://www.lssa.org.za/about-us/matters/proxismart-services-pty-ltd
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 welcomes Concourt judgment on Public Protector
On 22 July, the majority of the Constitutional Court dismissed advocate Busisiwe Mkhwebane's application to set aside a judgment by the Gauteng Division of the High Court in Pretoria passed last year, which ordered that she pay 15% of the costs in that case from her own pocket.
The High Court judgment set aside the remedial action contained in her 2017 Absa/Bankorp report‚ which found that Absa should repay R1.1bn to the South African Reserve Bank. The Public Protector's remedial actions also directed Parliament to amend the Constitution in order to change the mandate of the Reserve Bank.
The remarks made in the judgement brings into question the integrity of the Public Protector’s Office. We call on all relevant institutions to urgently work together to restore the dignity of this office in order to enable it to fufill its mandate without fear or prejudice.
‘We call on all institutions and the public to respect the administration of justice and to let the process take its natural course,’ says LSSA President, Mvuzo Notyesi. He adds: ‘The matter should be resolved immediately by those charged with resolving it as it is in the best interest of the public.’
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 passing of Communication Manager, Barbara Whittle
It is with deep sadness that the Law Society of South Africa (LSSA) announces the untimely death of its Communication Manager, Ms Barbara Whittle at the age of 55.
Ms Whittle lost her battle with cancer and passed away in the afternoon of 10 July 2019
‘The LSSA, its Exco, staff and the profession have lost a colleague, a dear friend, and mentor passionate about people and her job’, says LSSA President, Mvuzo Notyesi.
He adds: ‘Barbara has been in the employ of the LSSA since 1987. She started off as an Editorial Assistant and worked her way through the ranks to become Communication Manager in 2006. She loved and lived for the LSSA and the legal profession, always serving with a smile. She served the profession in a professional, competent and objective manner; always remembering the core objectives on the independence of the profession, the judiciary and the rule of law. She always went the extra mile and continued to work right up until the end.'
We offer our support, thoughts and prayers to Barbara’s husband Marius who has walked every step with Barbara and with the LSSA all these years. May he find solace in the knowledge that Barbara was loved, appreciated and admired by the staff and stakeholders of the LSSA, the legal profession and beyond.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH
AFRICA, MVUZO NOTYESI
by the Law Society of South Africa Communication Department
Nomfundo Jele, Communications Officer, nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344.
Application for leave to appeal in Proxi Smart matter dismissed
The Law Society of South Africa (LSSA) welcomes the Supreme Court of Appeal's (SCA) dismissal of the application for leave to appeal in the matter of Proxi Smart Services (Pty) Limited vs the Law Society of South Africa and Others. The application was dismissed on 7 May 2019 on the basis that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.
Proxi Smart Services (Pty) Limited applied to the Gauteng Division of the High Court for declaratory relief concerning the lawfulness of its business model for performing the administrative and related services pertaining to property transfers that it contended was not by law reserved to conveyancers or legal practitioners.
The LSSA contended that the applicant's attempt at creating a distinction between 'reserved work' and 'non-reserved work' had no basis in law, and that the full conveyancing process is regarded as professional work performed by conveyancers.
'The conveyancing process should remain under the control of conveyancers. This is in the interest of the public whom they serve,' says the President of the LSSA, Mvuzo Notyesi.
The matter was first heard on 6 and 7 February 2018 and, in the judgment delivered on 16 May 2018, the Court held that the applicant has not made out a case for the relief it sought and dismissed the application with cost.
In December 2018, the applicant was denied leave to appeal by the Gauteng High Court. It then filed an application for leave to appeal with the SCA on 15 January 2019.
View all the Proxi Smart matter documents on the LSSA website.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
Law Society elections press release
The Law Society of South Africa (LSSA) acknowledges that the elections were generally free and fair. The LSSA commends the IEC on a job well done and recognises the important role it plays in protecting and promoting our constitutional democracy.
The LSSA welcome the steps taken by the Electoral Commission to conduct an audit of results and votes cast in a sample of voting stations to deal with the concerns raised by a number of smaller parties, in the interests of accountability and transparency,’ says LSSA President, Mvuzo Notyesi.
He adds: ‘We note that effective coordination is necessary to ensure elections are run according to legislation, taking into consideration the number of voters and voting stations on election day.’
The LSSA notes with concern that, according to reports by the IEC, in 2014, the turnout figure was 73.48%. While this year, South Africa registered a voter turnout of 65.99% for the national ballot meaning that voter turnout dropped by almost 7.5 %. Mr Notyesi urged the public to participate in future elections as every vote counts.
The LSSA urges all political parties, the public and civil society to cooperate to address some of the key issues facing our country, in the national interest, inter alia:
• To protect the rule of law and deal with the scourge of corruption in our society;
• To transform the economy and to address unemployment and the plight of the poor and the marginalized; and
• To address service delivery to our communities.
The LSSA commits itself to continue to play a proactive role in the interests of our society.
We also congratulate the ANC in its continuous and uninterrupted period of 6 years as a majority party and equally applaud the performance of all political parties in the elections.
We urge the ruling party and all parties that shall be represented in Parliament and Government to ensure that they prioritise service delivery and project of building south Africa.
ISSUED ON BEHALF OF THE PRESIDENT OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI
