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Costs/Fees

INTERNATIONAL CONFERENCE: ACCESS TO JUSTICE, LEGAL COSTS AND OTHER INTERVENTIONS

31 October to 2 November 2018  Garden Court Marine Parade, Durban, South Africa
Hosted by the South African Law Reform Commission
View programme here.

DAY 1: THURSDAY 1 NOVEMBER 2018

Programme Director Adv Anthea Platt SC Commissioner: SA Law Reform Commission
    
Sessions 1 to 3 Facilitator: Adv JB Skosana Deputy Director General: Court Services, DoJ&CD

Session 1

Key Note Address, Judge Jody Kollapen, Judge of the Gauteng North High Court, Pretoria, Chairperson: SA Law Reform Commission

Session 2

Mr John Jeffery, Deputy Minister of Justice and Constitutional Development

Session 3 Setting the scene

1.Legal costs and fees in South Africa – The current position Judge Dunstan Mlambo, Judge President, Gauteng Division of the High Court
2. Is access to justice dependent on one’s ability to afford legal fees? Judge Motsamai Makume, Judge of the Gauteng South High Court, Johannesburg
3.Transformation in relation to improving access to justice by members of the public Adv Elizabeth Baloyi-Mere, Advocates for Transformation

Session 4 Economic comparative analysis

Facilitator: Ms Rochelle Francis-Subbiah Deputy Chairperson: Project 142 Advisory Committee
1. Economic comparison of legal costs with other professions, Prof Jonathan Klaaren, Faculty of Commerce, Law & Management, University of the Witwatersrand Presentation
2. Costs as a barrier to justice: Empirical finding, Prof Maurits Barendrecht, Research Director, Hague Institute for Innovation of Law

Session 5 Comparative foreign jurisdictions and their system of legal costs

Facilitator: Ms Yvonne Dausab Chairperson: Namibia Law Reform and Development Commission
1. Inaccessibility of justice for marginalized and vulnerable Kenyans, Mr Joash Dache,Secretary / Chief Executive Officer, Kenya Law Reform Commission
2. Legal costs: Uganda perspective, Ms Frances Katooko, Principal Legal Officer, Uganda Law Reform Commission
3. Legal costs: United Kingdom, Germany and South Africa perspectives, Mr Patrick Hundermark, Chief Legal Executive, Legal Aid South Africa Presentation

Session 6 Socio-economic factors impeding access to justice

Facilitator: Mr Irvin Lawrence, Vice-Chairperson: SA Law Reform Commission
1. List of some legal and socio-economic factors impacting on legal costs, Dr Willem Gravett, Senior Lecturer, Department of Procedural Law, University of Pretoria, Project 142 Advisory Committee Member
2. Access to environmental justice, Ms Janice Tooley: Janice Tooley Attorneys  Mr Mametlwe Sebei: Lawyers for Human Rights
3. The role of the Public Protector to provide access to administrative justice within the broader justice system, Adv Busisiwe Mkhwebane, Public Protector of South Africa
4. Revisiting arguments for the implementation of student practice rules, Adv Inez Bezuidenhout, Director: University of Free State Law Clinic

Session 7 Transformative costing

Facilitator: Mr Max Boqwana, President: SADC Lawyers’ Association
1. Fixed fees as a way to enhance access to justice, Dr Ben Groot: Ben Groot Attorneys
2. The desirability of tariffs in criminal and other matters: How should tariffs in litigious and non-litigious matters be determined – the referral system, Mr Ettienne Barnard, Co-Chairperson: Law Society of South Africa
3. The current costs regime as it pertains to advocates: What should the mechanism be in determining fair and reasonable fees payable to advocates, Adv Greg Harpur SC, General Council of the Bar of South Africa
4. The evolution of legal services – legal costs in the bigger picture of today’s realities, Mr Ignaz Fuesgen, Managing Director, KOHMAP Consulting

DAY 2: FRIDAY 2 NOVEMBER 2018

Programme Director: Adv Anthea Platt SC Commissioner: SA Law Reform Commission

Session 8: Contingency fees and absence of mandatory fee agreements

Facilitator: Adv Johan de Waal SC Commissioner: SA Law Reform Commission
1. Use of contingency fees agreements: Are we justified in gambling with our client’s cases?, Mr Odwa Nweba, Stellenbosch University Law Clinic Presentation
2. Contingency fees: The Contingency Fees Act and case law, Mr Anthony Millar, Director Norman Berger & Partner Inc
3. Contingency fees: International perspectives, Prof Fawzia Cassim, Associate Professor: Department of Criminal & Procedural Law, UNISA, Project 142 Advisory Committee Member Presentation

Session 9: Non-litigious legal costs and various categories of legal services

Facilitator Mr Raj Daya, Secretary: Rules Board for Courts of Law, Project 142 Advisory Committee Member1. Treatment of non-litigious fees of legal practitioners: Non-litigious corporate and business legal services, Mr Brent Williams, CEO: Cliffe Dekker Hofmeyr Attorneys and Mr Sbu Gule, CEO: Norton Rose Fulbright Attorneys
2. Legal practitioners and non-litigious legal fees, Mr Asif Essa: President: KwaZulu-Natal Law Society

Session 10 State legal services

Facilitator Mr Raj Daya, Secretary: Rules Board for Courts of Law, Project 142 Advisory Committee Member
Mr Rodney Isaacs, Acting Chief Litigation Officer: DoJ&CD

Sessions 11 and 12

Facilitator Sessions 11 and 12: Adv Anthea Platt SC Commissioner: SA Law Reform Commission

Session 11 Pro bono and community legal services

Facilitator: Ms Nontuthuzelo Memka, Director: M Memka Attorneys
1. Improving access to justice in South Africa in civil matters through existing community-based paralegals and some considerations as to possible law graduate post-study community service, Dr David Holness, Director: University of KwaZulu-Natal Law Clinic
2. Paralegals and access to justice: A dream deferred, Ms Joanne Harding, Social Change Assistance Trust  Ms Alison Tilley: Co-ordinator: Judges Matter
3. Dealing with costs of access to justice, legal costs and other interventions through community advice offices, Mr Seth Mnguni, Chairperson: ACAOSA
4. How to achieve access to justice for all in South Africa: Some suggestions for the way forward, Prof David McQuoid-Mason, Centre for Socio-Legal Studies, University of KwaZulu-Natal

Session 12 Way Forward

Judge Jody Kollapen, Judge of the Gauteng North High Court, Pretoria, Chairperson: SA Law Reform Commission
Closing Remarks, Adv Michael Masutha, Minister of Justice and Correctional Services