Get your basic will drafted for free by an attorney during National Wills Week: 26 to 30 October 2020

Many South Africans do not have wills. The corona virus emphasised why it is important to have an updated will. Many could unfortunately not get their wills done during this critical time due to lockdown restrictions.

With the easing of lockdown restrictions, it is essential to ensure that a legally sound will gets done. This will ensure that there are not competing claims on your estate when you pass away and your intention to your dependents is followed.

The Law Society of South Africa’s (LSSA) National Wills Week campaign presents the ideal opportunity to do so. Members of the public will be able to have a basic will drafted by an attorney free of charge during National Wills Week from 26 to 30 October 2020. Attorneys’ firms throughout the country are participating in the National Wills Week campaign.

‘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 an attorney. 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 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,’ adds Mr Notyesi.

During National Wills Week, 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 provide 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 the consultation with your 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. The executor must be approved by the Master of the High Court.

 

 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 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 and those that were dependent on you for financial support.

 

The following issues 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 saddened at death of George Bizos

The Law Society of South Africa (LSSA) is saddened at the passing of struggle veteran and human rights lawyer, advocate George Bizos yesterday, 9 September 2020 at the age of 92.

Advocate Bizos died peacefully at home of natural causes, attended to by family.

‘Advocate Bizos who is best revered for his role in representing the Rivonia trialists, Nelson Mandela, Govan Mbeki and Walter Sisulu, was a humble valiant fighter, a moral compass and guiding light in our country. His wisdom and presence will be missed. He was also one of the authors of the South African Constitution’, says LSSA President, Mvuzo Notyesi.

Advocate Bizos was born in 1927 in Greece. He and his father arrived in South Africa in 1941 as World War II refugees.

Advocate Bizos also represented the families of the late former South African Communist Party leader Chris Hani and anti-Apartheid activist Steve Biko at the Truth and Reconciliation hearings in the 90s.

Mr Notyesi added: ‘Advocate Bizos’ activism and general contribution to the legal fraternity in South Africa is immeasurable. He was more than just a lawyer; he was a champion for human rights. His life was well lived. It was a life dedicated towards serving humanity. He did not live for himself, but lived for others, especially the oppressed. His fight for democracy and human rights will not be forgotten.’

Advocate Bizos was a gift to South Africa and the world. He was a man of courage, a man who stood for what was right, no matter what it cost him. His motivation was human rights. He was a brilliant legal mind and a brilliant human being. He is an exemplar of integrity.

We express our deepest condolences to his family, friends, and colleagues. May his soul rest in peace.

 

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 Parliamentary decision on RABS Bill 

The Law Society of South Africa (LSSA) welcomes the decision by the Parliamentary Portfolio Committee on Transport not to proceed with the Road Accident Benefit Scheme (RABS) and to propose to rather amend the Road Accident Fund Act.

This has been a long and difficult road. From the outset, the LSSA vigorously opposed RABS on the basis that it is not in the interest of the public.

When the first version of the RABS Bill was introduced in 2014, the LSSA commented and raised major criticism. The 2017 Bill was introduced to Parliament in 2017 but repeated verbatim much of the previous Bill.

The LSSA also submitted extensive comment on the 2017 Bill and addressed Parliament on various occasions. It also provided recommendations to Parliament in the form of a hybrid Bill.

‘Among the many concerns that the LSSA expressed about the Bill was the abolishment of the common law rights of innocent road accident victims to recover the balance of damages suffered by them, while negligent motorists would have been entitled to exactly the same compensation for damages, irrespective that they were the direct cause of the accident. Further, they would have been absolved of any financial responsibility towards innocent victims. We believe that this offended the public more,’ says LSSA President Mvuzo Notyesi.

‘The LSSA also believes that the exclusion of compensation for pain and suffering for those who are catastrophically injured; as well as the denial of loss of income benefits to those younger than 18 or older than 60; and the limitation of family support benefits to a maximum of 15 years, would have the most impact on the poor and vulnerable members of society, especially when coupled with the denial of any other remedy for compensation, Mr Notyesi adds.

By rejecting the RABS Bill, the Portfolio Committee on Transport of the 6th Parliament, has addressed many of the concerns raised by members of the public and interest groups throughout the public participation process. The LSSA is delighted that the Bill will not be pursued.

 

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

 

Wills Week 2020: 26 – 30 October

Online registration for this year’s National Wills Week initiative is now closed. If you missed the deadline for online registration, you may still register manually by e-mailing us at nomfundom@LSSA.org.za. National Wills Week will be held from 26 to 30 October.

National Wills Week is now an established highlight among the profession’s social outreach and access to justice initiatives. This is thanks to the thousands of attorneys who participate by giving generously of their time and skills. Wills Week has also attracted increasing coverage in the media as well as support from major stakeholders.

The aim of the Wills Week campaign is twofold:

– to position attorneys as the premier providers of wills and estates services to the public, and to improve the image of the profession generally; and
– to encourage members of the public who would not normally make use of the services of an attorney, or who may hesitate to approach an attorney, to consult an attorney to have a basic will drafted.

How does Wills Week work?
Your firm will be provided with free, trilingual posters in the language combination of your choice to publicise your participation. Provision is made on the posters for your firm’s contact details.

Your firm will be listed as a participating firm on the database of participating firms on the Law Society of South Africa website.

A national media campaign will be launched early in September. All media and publicity material will invite members of the public to consult the LSSA website for the contact details of participating firms.

What is expected from you as a participating firm?
– Basic wills will be drawn up free of charge.
– You should provide an explanation of the importance of having a properly and professionally drafted will to the client.
– You may not insist that you are appointed as the executor of the estate.
– You must give the client a copy of his/her will.
– Interviews with clients should be conducted at your offices.
– You will not be expected to redraft or amend existing wills for free, nor will you be expected to draft complex wills involving trusts, etc.

If you are planning to tweet about Wills Week, please use the Twitter hashtag: #WillsWeek20.

Thank you for contributing to the positive image of the profession through your participation in this initiative.

Law Society condemns treatment of lawyers in Zimbabwe

The Law Society of South Africa (LSSA) is deeply concerned about developments in Zimbabwe and it strongly condemns reports of human rights violations in that country.

It is very disturbing that lawyers, who are the people who are supposed to ensure that these rights are upheld, become victimised for representing clients seeking justice such as in situations of the basic right to freedom of expression. Lawyers should be able to practice without fear, favour or prejudice.

‘Lawyers should be given the freedom to represent their clients without the fear of intimation, arrest or being removed from the case. We also strongly support freedom of expression and believe that the arrest of journalists cuts off access to vital information, disrupts the free flow of information and hides human rights abuses from the public,’ says LSSA President Mvuzo Notyesi.

Mr Notyesi adds: ‘We stand with our colleagues in Zimbabwe who are defending the Zimbabwean people’s freedoms throughout the country where people may have been unlawfully arrested.’

The LSSA also calls on the South African government to step in and help restore order in Zimbabwe.

#ZimbabweanLivesMatter

 

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 provides clarity on RAF matter

The Law Society of South Africa (LSSA) has noted with concern the press release by the Road Accident Fund (RAF) issued on 17 July 2020, which the LSSA regards as misleading and sensationalist. While the LSSA does not intend to deal with the merits of the cases between the RAF and its panel attorneys, which currently served before the courts, we believe it is important to provide clarity on the matter.

In the press release, the RAF alludes to the judgment of Judge Davis. What the RAF has neglected to say was that there was a later judgment by Judge Hughes. The matters were dealt with in two parts. The first part, which was heard in March 2020 before Judge Davis, was an interim application to amongst others interdict the RAF from implementing its directives to its panel attorneys to hand over their files, pending a decision on the second part of the case.

The second part, which was heard by Judge Hughes in May 2020 was an application to review and set aside the RAF’s instruction to its panel attorneys to hand over their files, as well as the RAF’s decision to cancel a tender for new panel attorneys. Judgment in the second part of the case was granted against the RAF in June 2020 by Judge Hughes who ordered that the status quo should remain for a period of six months. ‘This will enable the RAF to reconsider its position and retain the social responsibility net in place protecting the public,’ Judge Hughes said. She found that the way in which the RAF had changed its operating model was not done in a manner that was lawful and rational. The RAF applied for leave to appeal against the judgment by Judge Hughes, but this application was dismissed. The RAF is now seeking leave to appeal to the Supreme Court of Appeal.

It is disingenuous for the RAF to only refer to the judgment by Judge Davis (which was delivered in March 2020), without referring to the judgment by Judge Hughes. Judge Hughes’ judgement was final and examined the lawfulness of the decisions in detail. Judge Davis’ judgment was given at an interim stage of the proceedings, and only examined the lawfulness of the decisions at a prima facie level, and not at a time when all of the facts had been crystalized as was the position in the main review application. The question before Judge Davis was primarily whether the status quo should be preserved pending the review application which came before Judge Hughes. Judge Davis accordingly did not scrutinize the decisions at the same level of detail as Judge Hughes.

‘The LSSA has no issue with the RAF changing its operating model, as long as it is done rationally, lawfully and in the best interest of the public. However, and as was found by Judge Hughes, it has not done so in any manner which could be labelled rational or lawful, says LSSA President, Mvuzo Notyesi.

The LSSA takes umbrage at the RAF’s slanderous statement that “uncle lawyer wants to bill his R3.8 billion a year. In the 5 years of waiting uncle lawyer would have racked up close to R20 billion in legal fees only to settle the litigated case.” It is true that often matters are settled at the court’s doorstep, but to blame the attorneys for that is misleading. The RAF’s panel attorneys receive their  instructions directly from the RAF’s claims handlers and without an instruction (specifying the mandate of the attorney), a matter cannot proceed.

Mr Notyesi adds: ‘The LSSA agrees with the RAF that the right of the claimant should come first. It is exactly for this reason that the LSSA is concerned that the RAF’s insistence on the handover of files in an irrational fashion will cause the claimants, the courts, and the RAF to suffer through unnecessary postponements, clogging of the court rolls, and delays because the RAF is not adequately represented. The LSSA has from the outset predicted the chaos that we are now seeing. Many of the matters currently with the panel attorneys are already before court on trial. Furthermore, it has consistently been shown in the court proceedings that the RAF does not in fact need its physical files to settle cases direct with plaintiffs’ attorneys while these issues between it and its panel attorneys are being resolved, because panel attorneys are required to upload their files onto the RAF’s online filing system. In fact, settlements have been achieved directly with the RAF whilst their attorneys are still in possession of their files, and there is no reason why this should not continue to happen.’

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

Cape Bar v Minister of Justice & Others

On 10 June 2020 the Western Cape High Court and the Equality Court of South Africa handed down judgment in the matter between The Cape Bar versus Minister of Justice and Correctional Services and Others (the judgment), which concerns the constitutionality of Regulations and Rules published under the Legal Practice Act (the Act) aimed at regulating the elections and composition of the nine provincial councils of the Legal Practice Council (the LPC).

Given its significance, the Law Society of South Africa (LSSA) participated in proceedings as a friend of the court. Several significant observations emanated from the judgment, which the LSSA hopes will help stakeholders navigate their way towards a transformed and restructured profession, including:

  • The Rules and Regulations are aimed at creating equity within the provincial councils to enable such to regulate the profession.
  • The goals of diversity, inclusivity, and ongoing reconciliation are for the societal good and crucial elements of transformation.
  • Unfortunately, we are yet to reach a stage where we need not have to rely on legislation to ensure representivity, inclusivity and diversity on structures of governance.

In their concluding remark, the judges crucially reminded all that ‘the election of black women to the governing structures of the profession is not in itself sufficient to fulfil the transformation objective of the legal profession. Transformation is an imperative that must extend beyond that, to addressing matters that include briefing patterns, attraction, retention and offering support to black women legal practitioners, among others.’

LSSA President, Mvuzo Notyesi said: ‘The judgment will hopefully inspire a renewed commitment by all role players to pursue the Act’s noble objectives of transforming and restructuring the legal profession in a manner that embraces the values underpinning the Constitution.’

Discussions on the Legal Practice Bill, aimed at transforming the governance structures of the legal profession, commenced as early as 2001. This has been a testing process for the legal profession, but there has been considerable progress. The judgment symbolises another milestone in our journey to a transformed and restructured legal profession as court proceedings offered parties the opportunity to debate and ventilate their views on the elections and composition of the provincial councils. More importantly, it offered the court the opportunity to validate the constitutionality of the underlying Regulations and Rules.

Mr Notyesi adds: ‘In a similar vein, the LSSA together with its constituent members, have already implemented measures aimed at addressing the broader transformational challenges facing the South African legal profession and we are confident that this judgment will inspire renewed impetus on the part of legal professionals and representative bodies.’

Click here to read the judgment.

PLAN FOR THE PHASED IN RETURN OF EMPLOYEES TO THE WORKPLACE – ALERT LEVEL 3

GUIDELINES ON KEY COMPLIANCE REQUIREMENTS FOR

LEGAL PRACTITIONERS AS EMPLOYERS

 Law firms and legal practitioners with employees (practitioners) can render permitted services subject to several Directions issued by the Minister of Employment and Labour dated 4 June 2020 (the Directions). The purpose of the Directions is ‘to stipulate measures that must be taken by employers in order to protect the health and safety of workers and members of the public who enter their workplaces or are exposed to their working activities’.

The risk assessment 

Practitioners, when commencing operations, must undertake a risk assessment to:

  • Give effect to the minimum measures required under the Directions considering the specific circumstances of the workplace; and
  • take special measures, as required, to mitigate the risk of Covid-19 for vulnerable employees to facilitate their safe return to work or their working from home;

Practitioners must also ensure that the measures required by the Directions and the risk assessment plan are strictly complied with through monitoring and supervision.

The phased-in plan

Practitioners must, on the basis of the risk assessment, develop a plan outlining the protective measures in place for the phased return of its employees before opening, which must include:

  • The date that the workplace will open and the hours of opening;
  • A list of employees permitted to return to work and those who are required to work from home;
  • The plan and timetable for the phased -in return of employees to the workplace;
  • The identification of vulnerable employees;
  • The identification of ways to minimize the number of workers at the workplace at any one time contemplated; and
  • Measures for the daily screening of employees and the screening of clients, contractors and visitors to the workplace.

The plan must also:

  • Correspond with Annexure E (which form was published under the Regulations dated 29 April 2020);
  • Be retained for inspection;
  • Stipulate which employees are permitted to work;
  • Provide what the plans are for the phased-in return of their employees to the workplace are; and
  • What health protocols are in place to protect employees from Covid-19; and
  • The details of the Covid -19 compliance officer

The guiding principle is that: All persons who are able to work from home must do so.

Key requirements

Practitioners will under Alert Level 3 be permitted to perform any type of work outside the home, and to travel to and from work and for work, subject to:

  1. strict health protocols, and social distancing rules;
  2. return to work to be phased in order to put in place measures to make the workplace Covid-19 ready;
  3. return to work to be done in a manner that avoids and reduces risks of infection; and
  4. the work not being listed under the specific economic exclusions in Table 2.

Practitioners must, amongst other:

  1. Appoint a manager as a compliance officer to a Covid-19 compliance officer who will oversee the implementation of the phased-in plan and adherence to the health protocols relating to Covid-19.
  2. Oversee the implementation of the Phased-in Plan and adherence to the applicable, health and safety measures established in the workplace.
  3. Arrange the workplace to ensure minimal contact between workers and, as far as practicable, ensure that there is at least one and half metres apart. In some instances, the distance may need to be greater.
  4. If not practicable to arrange for work stations to be at least one and half metres apart, arrange physical barriers; or when required, supply the employee free of charge with appropriate PPE based on a risk assessment of the working place.
  5. Ensure the relevant measures are implemented through supervision both in the workplace and in the common areas outside the immediate workplace.
  6. Screen all workers when they report for work to determine whether they have any of the Covid-19-related symptoms (i.e.: cough, sore throat, shortness of breath or difficulty in breathing, or loss of smell or taste( and to determine whether they suffer from any of the following additional symptoms: fever, body aches, redness of eyes, nausea, vomiting, diarrhoea, fatigue, weakness or tiredness.
  7. Require workers to immediately inform the employer if they experience any of the symptoms while at work.
  8. Ensure that employees that present with the symptoms are not permitted to work, i.e.: fever, cough, sore throat, redness of eyes, shortness of breath, or difficulty in breathing)
  9. Provide each of its employees, free of charge, with a minimum of two cloth masks or require an employee to wear some form of cloth covering over their mouth and nose while at work and provide information, instruction and training as to the correct use of cloth masks.
  10. Notify employees if they are sick or have Covid–19 symptoms that they must not come to work and to take paid sick leave in terms of the BCEA.
  11. Free of charge, ensure that there are sufficient quantities of hand sanitizer at the workplace for employees and visitors.
  12. Provide the employee who interacts with the public, with sufficient supplies of hand-sanitizer at that employee’s workstation for both the employee and the person with whom the worker is interacting.
  13. Ensure all areas such as toilets, common areas, door handles, shared electronic equipment are regularly cleaned and disinfected.
  14. Disable biometric systems or make them Covid-19-proof.
  15. Ensure that there are adequate facilities for the washing of hands with soap and clean water.
  16. Employees are required to wash their hands and sanitize their hands regularly while at work.
  17. Employees who interact with the public are instructed to sanitize their hands between each interaction with public.
  18. Surfaces that employees and members of the public come into contact with are routinely cleaned and disinfected.
  19. Require every worker to report whether they suffer from any of the following additional symptoms: body aches, loss of smell, loss of taste, nausea, vomiting, diarrhea, fatigue, weakness, or tiredness
  20. Immediately contact the Covid-19 hotline: 0800 02 9999 if a worker has been diagnosed with Covid-19.

Practitioners with less than 10 employees

Practitioners with less than 10 employees must take the following measures:

·  Develop a basic plan for the phasing in the return of its employees taking into account those that are able to work remotely and those over the age of 60 years or who have comorbidities;

·  Arrange the workplace to ensure that employees are at least one and half metres apart or, if not practicable, place physical barriers between them to prevent the possible transmission of the virus;

·  Ensure that employees with the Covid-19 related symptoms are not permitted to work;

·   Immediately contact the Covid-19 hotline: 0800 02 9999 for instruction and direct the employee to act in accordance with those instructions;

·   Provide cloth masks or require an employee to wear some form of cloth covering over their mouth and nose while at work;

·   Provide each employee with hand sanitizers, soap and clean water to wash their hands and disinfectants to sanitize their workstations;

·   Ensure that each employee while at work washes with soap and sanitizes their hands;

·   Ensure that their workstations are disinfected regularly; and

·    Take any other measures indicated by a risk assessment of the workplace including the such measures as are appropriate if the public have access to the workplace.

Click here to read the directions. 

∗DISCLAIMER: These guidelines are not meant to provide a comprehensive list of the requirements that must be complied with by practitioners pursuant to the applicable legislation, Regulations or Directions. Practitioners must consult the relevant law, Regulations and Direction to ensure compliance.

COVID-19 ALERT LEVEL 3 REGULATIONS

Amendments to the lockdown Regulations (GG 43258 of 29 April 2020) to deal with Alert Level 3, appear in GG 43364 dated 28 May 2020.

From 1 June 2020, Alert Level 3 applies to all provinces, metropolitan areas and districts, but the Minister of Cooperative Government and Traditional Affairs (GOGTA) may declare, by notice in the Government Gazette, a geographical area or cluster of geographical areas a hotspot, where additional restrictions may apply. GG 43364 contains a list of areas that had already been declared as hotspots.

The following are some of the provisions (the forms, where applicable, appear in Annexure A of the Regulations):

  • Business and other institutions may operate, except for those listed in Table 2 (which include restaurants, short term letting for leisure purposes, hairdressing and beauty treatments, tourist attractions and entertainment activities). Regulation 46 deals with the process to be followed, such as the minimising of the number of employees at any given time, health and safety protocols, employees over 60 or with co-morbidities. These need to be read with the occupational health and safety directions and labour legislation. All persons who are able to work from home must do so.
  • A plan for the phased-in return of employees (Annexure E) must be developed and retained for inspection. Compliance officers must be appointed in both the private and the public sector.
  • Movement of people in and out of hotspots may be restricted.
  • People may travel to perform permitted services; to and from work; to buy goods and obtain services.
  • Learners and students may attend schools and learning institutions, once these are open.
  • Places of worship may be attended in the same province. (For the directions on the norms and standards applicable to places of worship, including maximum number of people, duration of services and health and safety measures, refer to GG 43365 of 28 May 2020).
  • Movement between provinces, metropolitan areas and districts and hotspots is prohibited, except for:
  • work – with a permit from the employer (Form 2);
  • moving to a new residence or caring for an immediate family member – must have an affidavit sworn to or affirmed at a magistrate’s court or police station (Form 6);
  • to and from schools and learning institutions – certificate to be issued by head of school or learning institution for travelling between provinces (Form 3A). Persons transporting learners or students must have a permit (Form 3B) from the head of the school;
  • obtaining medical treatment;
  • movement permitted under Regulation 41, which deals with the closure of borders of the Republic.
  • Movement of children is allowed between co-holders of parental responsibilities or caregivers in the same metropolitan area or district, if they are in possession of (a) a court order; (b) a parental responsibilities agreement or parenting plan registered with the family advocate; or (c) a permit by a magistrate (Form 3) if (a) and (b) are not available. A birth certificate or certified copy thereof to prove a legitimate relationship and written reasons why the movement of the child is necessary are required.

For across-border movement of children a permit from a magistrate is necessary (Form 3) and the required documents are the same as above.

  • Funerals are limited to 50 persons. Across borders movement is only permitted for close relations of the deceased, as per Regulation 35(1). A permit (Form 4) from the magistrate’s office or police station is needed. A death certificate or certified copy thereof, or, if not yet available, a sworn affidavit (Form 5), together with a letter from a cultural or religious leader that the funeral needs to take place within 24 hours, must be provided. Night vigils are prohibited.
  • Gatherings are prohibited, save for a few exceptions.
  • Regulation 39 lists the places closed for the public, including beaches, gyms and fitness centres, accommodation facilities and conference facilities.
  • Visits to inter alia correctional centres, police holding cells, health establishment and older persons’ residential facilities are prohibited, except to the extent that the relevant Minister directs.
  • Exercise between 06h00 and 18h00 is allowed, but not in groups and health and social distancing protocols must be followed.
  • The wearing of a face mask or other appropriate item in a public place is mandatory.
  • Evictions are prohibited, but a court may grant an eviction order in terms of the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. An eviction order may be stayed and suspended until the end of Alert Level 3, unless the court decides that it is not just and equitable to do so.
  • The relevant Minister must issue directions regarding public transport, including air travel, bus and taxi services and private vehicles to cater for the gradual return to work.
  • The sale of liquor is allowed from Monday to Thursday between 09h00 and 17h00, but the sale of tobacco and tobacco products is prohibited.

Click here to download GG43364

Law Society welcomes appointment of Fhedzisani Pandelani as Acting Solicitor-General

The Law Society of South Africa (LSSA) welcomes the appointment of Mr Fhedzisani Pandelani as Acting Solicitor-General. ‘We are confident that Mr Pandelani has the skill, conscientiousness, integrity and independence necessary to provide the control, direction and supervision over all offices of State Attorney. The attorneys’ profession commits to support Mr Pandelani in the interest of justice and the rule of law,’ says LSSA President, Mvuzo Notyesi.

The State Attorney Amendment Act 13 of 2014, which came into effect on 3 February 2020, allows for the establishment of a Solicitor-General to oversee all litigation on behalf of the State.

According to the Justice Department, Mr Pandelani has been in practice for more than 20 years. He was admitted as an attorney in 1996 and has practiced in diverse areas of law, covering High Court, Labour Court and Magistrates Court litigation and is a skilled mediator and arbitrator. He is the current chairperson of the Gauteng Liquor Board and the chairperson of an external panel on appeals in terms of section 43 (5) National Environmental Management Act in Gauteng.

Mr Pandelani holds various qualifications from the University of the Witwatersrand including Baccalaureus Procurationis (B.Proc.) and LLB degrees as well as a Higher Diploma in Company Law. He has also lectured on various law modules through the Unisa Learning Centre and has for several years been an instructor at the Johannesburg School for Legal Practice.

‘Mr Pandelani’s curriculum vitae speaks for itself, we wish him the best in his new role,’ says Mr Notyesi.