a.1 - Natal Law Society

KWAZULU-NATAL 

LAW SOCIETY 

MINUTES OF 

ANNUAL GENERAL MEETING 

HELD ON 

12 OCTOBER 2012

T H E K W A Z U L U - N A T A L L A W S O C I E T Y 

ANNUAL GENERAL MEETING 2012 

M I N U T E S 

OF THE MEETING HELD AT 

THE DELANO ROOM, 

SUNCOAST CONFERENCE CENTRE, 

SUNCOAST BOULEVARD, 

NORTH BEACH, DURBAN 

ON FRIDAY, 12 OCTOBER 2012 

MEMBERS OF THE COUNCIL PRESENT: 

M.S.O. NXASANA, PRESIDENT (DURBAN) 

E.R. BARRY, VICE-PRESIDENT (PORT SHEPSTONE) 

M.A.A.S. ESSA, VICE-PRESIDENT (PIETERMARITZBURG) 

S. KUNENE, VICE-PRESIDENT (PIETERMARITZBURG) 

A. RAMPHAL, VICE-PRESIDENT (DURBAN) 

R.R. BADAL (VERULAM) 

J.O. CHRISTIE (PIETERMARITZBURG) 

S.A. JAZBHAY (DURBAN) 

U. JIVAN (DURBAN) 

N.S. KHANYILE-KHESWA (DURBAN) 

G.J. McLACHLAN (PIETERMARITZBURG) 

E.A. MOOLLA (CHATSWORTH) 

M. NELUHENI (NEWCASTLE) 

C. PILLAY (PIETERMARITZBURG) 

R.N. SCOTT (PIETERMARITZBURG) 

P. SHAM (STANGER) 

M. STRAUSS (DURBAN) 

E.B. ZACA (PIETERMARITZBURG) 

DIRECTOR 

G.M. JOHN 

MANAGER: REGULATORY AFFAIRS 

P. MFUSI 

ASSISTANT MANAGER: REGULATORY AFFAIRS 

N. HARRIPERSAD 

ACTING MANAGER: BUSINESS DEVELOPMENT/ 

PRACTICE SUPPORT OFFICER 

C. NAIDOO 

MANAGER: CORPORATE SERVICES 

R. GUNPATH

AGM MINUTES - 1 - 12 OCTOBER 2012 

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OPENING SESSION 

The President, Mxolisi Nxasana, chaired the Meeting. 

WELCOME 

The President welcomed everyone present and particularly the following invited guests: 

INVITED GUESTS 

Justice Mthiyane, Deputy President of the Supreme Court of Appeal 

M. Molefe, Executive Director, AFF 

N. Swart, Acting CEO of the LSSA & Director: LEAD 

K.R. Govender, Co-Chairperson of the LSSA 

R.W. Mokoena, Director of the Cape Law Society 

Dr L.G. Curlewus, Vice-President of Northern Provinces 

Ms Barbara Whittle, Communications Manager, LSSA 

Thomas Harban, General Manager of AIIF 

Mrs Thoba Poyo-Dlwati, Chairperson of the Attorneys Development Fund 

Ms K. Hawkey Editor of De Rebus, LSSA 

STANDS AT THE AGM 

The President welcomed those who had established stands at the AGM, and encouraged 

those in attendance to visit the stands after the meeting: 

(1) LexisNexis (sponsors of the awards handed out at the meeting) 

(2) Juta 

(3) Sabinet 

(4) Korbitec 

(5) Law Property 

(6) ABSA 

(7) Law Society of South Africa 

(8) KZNLS Library 

(9) Practice Support 

(10) PPS 

The President drew attention to the lucky draw competitions being run by LexisNexis, Juta 

and the LSSA; winners drawn at the end of the meeting.


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GUEST SPEAKER 

INTRODUCTION OF GUEST SPEAKER: JUSTICE K.K. MTHIYANE 

The President introduced the guest speaker, Deputy President of the Supreme Court of 

Appeal, Justice Mthiyane by providing a brief background on the academic achievements of 

the Deputy President. 

ADDRESS BY THE DEPUTY PRESIDENT OF THE SUPREME COURT OF APPEAL, JUSTICE MTHIYANE 

The following is a summary of the address: 

The Deputy President (DP) addressed the meeting on the issue of Judicial case management 

and the role of the legal practitioners in the flow and management of cases stating that his 

reason for doing so was because there is a great concern currently in the country regarding 

the extent to which the Courts are able to turn over judgments and other related 

expectations that litigants expect. 

The goal of the judicial system, the DP said, is to secure the just, speedy and inexpensive 

determination of a case or of every action; to achieve such goal in the face of the Country’s 

challenges arising from inadequate resources and the high cost of litigation, the Judges and 

the Courts themselves must manage the litigation process, which objective cannot be 

achieved without the input and participation from the legal practitioners, including the 

obligation on attorneys to enquire after delays in judgements in the interest of accounting 

to the litigating public. 

It was his view that the responsibility for finalising cases in Court with reasonable speed and 

without undue delay does not rest solely with the Judges but extends to other role players 

viz. the court staff, the legal practitioners and all the other stakeholders such as Legal Aid 

South Africa, the DPP. It therefore requires a concerted effort from all to be supportive of 

steps being taken to implement judicial case management models. 

One of the resolutions taken at the Judges Access to Justice Conference in July 2011 was 

that Judicial case management would be implemented to ensure that justice to which South 

Africans are given access is of a high quality and delivered with reasonable speed. 

In respect of criminal cases in particular, section 35(3)(d) of the Constitution is relevant. It 

provides that accused persons have the right “to have their trial begin and conclude without 

unreasonable delay”. If cases are not managed this fundamental objective of disposing of 

them with reasonable speed and without undue delay would not be achieved. An inevitable 

consequence will be the unnecessary infringement of the constitutional rights of people 

concerned, especially those who are held in custody and those that approach the Courts to 

seek redress for what they perceive to be injustices inflicted upon them.


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At the Access to Justice Conference in July 2011 a monitoring committee led by former 

Chief Justice Sandile Ngcobo and the current Chief Justice Mogoeng was established. A 

subcommittee called the Judicial Case Law Management Committee was appointed with its 

objective being the task of stemming the tide of delays in the disposal of cases in the High 

Court 

The Judicial Case Law Management Committee is the key driver of case management in the 

High Courts, the DP being the current chair. 

The Committee has set up a pilot project which would commence at three pilot sites, 

KwaZulu-Natal High Court, the North and South Gauteng High Court and the Western Cape 

High Court. The intention being to introduce in these Courts a working model which will see 

a more efficient and effective streamlining of the flow of cases so as to reduce delays to a 

minimum. 

At the moment the pre-hearing phase of a particular case is firmly located in the clerk or 

registrar’s office or at the legal practitioner’s office or that of a prosecuting authority, as 

the case may be. It is these officers or entities that dictate the pace of litigation or the 

conduct of the criminal case. 

The Rules of Court as presently structured do not effectively allow a judicial officer to take 

control of a case before him or her at the earliest possible opportunity. For this reason the 

Judicial Case Law Management Committee has come up with practice directives as an 

option; these will of course need to be embraced by the Judges, the legal practitioners and 

all the other relevant stakeholders. The Committee does not see them as being in conflict 

with the rules but rather as short-terms aids aimed at achieving a quicker, effective and a 

more efficient way of dealing with cases in keeping with the objectives of the Constitution. 

The DP stated that it is envisioned that at some time in the future the rules will be 

amended to provide for case management. Under the present rules in civil cases, the prehearing 

phase commences with the pleadings in which issues between the parties are 

identified and defined. This is then followed by a sometimes tedious exchange of processes 

before the matter is finally placed before a judicial officer for trial. Ideally a Judge should 

be involved at the earliest possible opportunity so as to enable him or her to play some role 

in the identification of the issues in dispute and cut out unnecessary issues which may cause 

delays in the disposal of cases. 

The Committee has proposed inter alia the following: 

‣ A case should be allocated to a Judge upon the signing of an action or application. 

‣ A case schedule should be implemented. 

‣ Continuous judicial control over a case through judicial officers’ support staff should 

be maintained.


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‣ Initial and subsequent pre-trial conferences should be presided over by the Judge 

because when a Judge presides over a pre-trial conference the Judge or Magistrate, 

or whichever judicial officer, is able to assist the parties into coming to some 

agreement regarding what the issues are going to be. Once they have committed to 

particular issues, it’s difficult to change. That will then effectively lead to a much 

quicker resolution of the case. 

‣ Trial dates should be allocated accordingly. 

‣ Settlements should be encouraged. 

‣ Effective enforcement tools should be involved. 

‣ Effective information systems should be employed. 

‣ Pilot training for Judges’ support staff and lawyers will be done by this Committee 

hopefully and there will be regular follow-ups. Obviously the acceptance or 

embracing by the Courts of this process is necessary. 

It is hoped that through the use of the above tools in the implementation of the pilot 

project judicial officers will be able to manage cases more effectively and efficiently 

resulting in speedy resolution of disputes. In all of the above proposals and objectives the 

legal practitioner has a role to play and therefore should be an integral part of this effort. 

EXPRESSION OF THANKS TO THE GUEST SPEAKER 

Nonduduzo Khanyile Kheswa moved a vote of thanks and appreciation to the Deputy 

President of the Supreme Court of Appeal for taking the time to address the Meeting despite 

his busy schedule and presented the guest speaker with a gift as a token of the Society’s 

appreciation. 

REPORT ON THE LAW SOCIETY OF SOUTH AFRICA (LSSA) 

Nic Swart, the Acting Chief Executive Office of the LSSA addressed members on the 

forthcoming Commonwealth Law Conference to be held in Cape Town in April 2013 

extending an invitation to all members to attend. 

Krish Govender, co-Chairperson of the LSSA, presented the report that was tabled on 

behalf of the LSSA and tendered an apology on behalf of his Co-Chairperson, J.P. Stemmett, 

who was unable to attend. 

Krish Govender referred members to the written report that was circulated and noted by 

the Meeting.


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Govender stated that the LSSA’s focus had been primarily on the issues surrounding the 

Legal Practice Bill and that discussions had progressed to the point that there was 

substantial agreement by stakeholders and that representations would be made to the 

Portfolio Committee on matters of divergence and allow the process to move forward. 

Some of the issues of concern with the Draft LPB were: 

‣ The appointments to the Legal Practice Council as there was an overly large number 

of ministerial appointments on the Council. 

In terms of the agreements reached there will be no ministerial appointments in 

respect of the legal practitioners’ component. The Minister will have possibly a 

maximum of three, which might be reduced by way of representation from the LSSA. 

‣ The provisions for the accreditation of voluntary associations. 

The LSSA argued against these provisions and, it appears, successfully as a number of 

these provisions have been removed. 

‣ The accreditation of conveyancers and notaries was not restricted to admitted 

attorneys but following LSSA intervention this issue has been addressed and it is 

expected that the accreditation of conveyancers and notaries would be limited to 

those who are admitted attorneys or practising attorneys. 

‣ The Bill makes provision for easy movement of persons who wish to be removed from 

the roll of attorneys and to be enrolled as an advocate and vice-versa. There is 

ongoing discussion and engagement with the Bar Council in this regard. 

‣ In terms of the provisions of the Bill, a Transitional Council will take control until a 

Legal Practice Council is established. There is debate about the need for a 

Transitional Council as there is a strong view amongst some of the stakeholders that 

the progress made this year in reaching unanimity on most of the major issues is 

sufficient to warrant the Bill being passed with a Legal Practice Council being put in 

place. Should there remain a need for a Transitional Council it is the view that it 

should exist for no more than six months rather than the two years provided for in 

the Bill. 

‣ The issue of the investigation of complaints against legal practitioners to be 

conducted at Regional Council level is a broad area that requires consideration as the 

draft anticipates a Regional Council comprising both advocates and attorneys. 

The Co- Chair stated that the Bill brings about an important change for the governance of 

the legal profession as a whole under a single regulatory authority. 

He added that, apart from having to grapple with the issues surrounding the Legal Practice 

Bill, the LSSA engaged inter alia with:


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‣ The Competition Commission in an attempt to address issues of concern but also to 

improve the relations between the Commission and the profession. A process has 

been established that would allow for any disputes that may arise from the manner in 

which attorneys may practice which could be in violation of competition principles to 

be dealt with in a more conciliatory manner, the LSSA acting as the link to the 

Competition Commission. 

‣ Constituent members to settle the Uniform Rules which draft is close to finalisation. 

Govender encouraged members to consider the proposed Rules and to approve same 

in the interest of the profession advancing its own Rules as opposed to having Rules 

imposed upon the profession by a Legal Practice Council as envisaged in the Legal 

Practice Bill. 

Govender expressed the view that, amongst the many challenges faced by lawyers is the 

lack of work, add to that the increased competition for that work. He added that there is 

very little respect for ethics and anyone who wants to pursue an ethical course is standing in 

the way of somebody who wants to enrich themself at all costs. Govender alluded to his 

attendance at the 2012 IBA Conference at which 5000 lawyers from across the world where 

in attendance but of which only about 100 lawyers attended the meeting on ethics, on the 

rule of law, on poverty, on socio-economic changes. 

The Co-Chairperson concluded by stating that lawyers have played a significant role in terms 

of the transformation of the country from an undemocratic institution or system to one that 

is one of the best democracies that there is, but it needs to be effective on the ground and 

for the majority of the people in a meaningful way and not just in a beautifully well-written 

Constitution with a very powerful Bill of Rights. Leaders in the profession have played an 

integral part in the Country’s transformation and lawyers have been seen to be the voice of 

the voiceless. It is incumbent upon lawyers therefore to continue to question and debate 

issues and play an active role in society. 

Discussion: 

There being no discussion the President thanked the Co-Chairperson for his report. 

ATTORNEYS INSURANCE INDEMNITY FIDELITY FUND (AIIF) 

The meeting noted the written report by Alan Peters, the Chairperson of the Attorneys 

insurance Indemnity Fund who was unable to attend, was tabled. 

The President advised the Meeting that Thomas Harban, General Manager of the AIIF was in 

attendance to address the Meeting.


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Thomas Harban provided a brief background of the AIIF and highlighted the following areas 

of concern/risk for the Fund: 

‣ Lack of supervision of junior staff by conveyancers and premature payments of 

moneys held in trust. 

‣ RAF under-settlement and RAF matters in general continue to be a huge problem. 

‣ Attorneys appear to be suing each other at an increasing rate of late presumably as a 

result of the competition for limited work available. 

‣ Practitioners not informing the AIIF when estates are finalised and releases received 

from the Master in respect of bonds of security. The Fund has huge exposure in this 

area which stood at R 7,7 billion, dating back to 1998. 

Harban stated that as regards KZN the AIIF had: 

‣ Issued a total of R1,4 million in bonds, of which R1,1 million was still outstanding. 

‣ Received 17 notifications of claims from this province of which the majority relate to 

RAF work or to conveyancing. 

Harban advised the Meeting that, as regards the future of the company, the reality is that 

the current model is unsustainable. The Fund pays the premiums, which premiums have 

increased over a period of three years from 45 million to 94 million. The model of the 

company is being reconsidered and it may well be that in the very near future practitioners 

will be called upon to make some sort of contribution to the premium. 

Insofar as the bonds of security are concerned, because of the lack of an appetite in the 

general insurance market for this type of work, practitioners may be called on to pay some 

sort of fee for the granting of the bonds. 

In concluding Harban raised the AIIF concerns that, whilst the purpose of the AIIF was to 

protect the profession and protect members of the public, the Fund has seen an increase in 

attorneys suing each other for defamation. 

This, he stated, absorbs significant amounts of the AIIF’s resources which could be better 

served if channelled into those areas for which the Fund was established. He appealed to 

members of the profession to avoid this course of action as far as possible. 

Discussion: 

There being no discussion the President thanked the General Manager for his report.


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ATTORNEYS FIDELITY FUND (AFF) 

Motlatsi Molefe, the Executive Director of the Attorneys Fidelity Fund, presented a report 

of the Board of Control in the absence of the Chairperson, Silas Nkanunu, who was unable 

to attend. 

Molefe began his address by commending the Society and its’ members for embracing 

innovation and a positive spirit and expressed his gratitude and appreciation for the working 

relationship that he has developed during his time at the Fund. 

The Executive Director drew the Meeting’s attention to the fact that, for the period January 

to October 2012, the Fund had paid just in excess of R105 million in respect of claims 

associated with the misappropriation of trust funds and in terms of claims lodged against 

the Fund up to October 2012 this figure is in excess of R277 million. 

The Fund has resolved to embark on promoting a positive image of itself and that of the 

profession and to this end requires the co-operation of the law societies. 

He added that the KZN Law Society had embraced the principle of a partnership with the 

Fund insofar as implementing the RASS program and including members of the Fund’s staff 

on inspections from time to time and the Fund had made resources available to ensure that 

these initiatives work well. 

Molefe reported that the Fund has been actively engaged in the discussions and 

deliberations surrounding the LPB and how this will impact on the Fund. 

The Executive Director concluded by stating that the experience of the Fund, the changes 

considered and those implemented inform the future of the Fund and that of the profession 

and of sustainability. 

Discussion: 

There being no discussion the President thanked the Executive Director for his report. 

PLENARY SESSION 

CONSTITUTION OF THE MEETING 

The President confirmed the attendance of more than 50 members, constituting a quorum 

and declared the meeting properly constituted.


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NOTICE CONVENING THE MEETING 

The President requested that the Notice convening the Meeting, having been circulated to 

all members on the 24 th August 2012, be regarded as read. 

The Meeting ACCEPTED that the Notice had been duly given. 

ATTENDANCE REGISTER 

The President requested members to print when recording their names on the Attendance 

Registers which were circulating and to record the apologies of colleagues on the two 

separate registers for that purpose, which were also circulating. 

APOLOGIES FROM INVITED GUESTS 

The President tendered apologies on behalf of the following invited guests: 

J.P. Stemmett, Co-Chair of LSSA 

A.F.W. Peters, Chairperson, Attorneys Insurance Indemnity Fund 

S. Nkanunu, Chairperson of the AFF 

L. Lobi, President of the Cape Law Society 

J. Fouché, President of Free State Law Society 

A. Mohobo, Executive Director of the Free State Law Society 

M.J.S. Grobler, Director of the LSNP 

Adv G. Malindi, President of NADEL 

Ms N. Manyathi, News Editor of De Rebus, LSSA 

Ms L. Burger, Manager: Professional Affairs, LSSA 

O. Ramoshaba, Senior Manager: LEAD 

J. Losper, Claims Director, AFF 

S. Maile, Board Secretary, AFF 

Tony Pillay, Finance Director, LSSA 

A. Stansfield, Finance Director of the Fund 

P.B. Mabunda, President of BLA 

Ann Bertelsmann, Risk Manager of AIIF 

IN MEMORIAM 

At the request of the President, the meeting observed a moment of silence in memory of 

the following practising attorneys who had passed away since the 2011 AGM:


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2011/09/11 Mduduzi Otto Khoza 

2011/10/23 Strinivasen Krishna Bangaar 

2011/11/10 Kader Hassim 

2012/01/06 Areshan Govindasamy 

2012/01/27 Bradley Galvin Martin 

2012/05/12 Edward Mvuseni Ngubane 

2012/05/15 Richard Mduduzi Nzimande 

2012/06/04 Christopher John Moggridge 

2012/06/05 Eugene Steyn 

2012/07/06 Patrick Leslie Smith 

And the following who died after submission of the Annual Report to the printers: 

2012/09/09 Suriakumari Ramasar 

2012/09/28 Ivan John Manickum 

2012/10/08 Bernard Sathasivam Hirasen 

MINUTES OF PREVIOUS MEETING 

The Minutes of the previous meeting held on 14 October 2011 at the Delano Room, Suncoast 

Conference Centre, Suncoast Boulevard, North Beach, Durban, which were posted to 

members on 26 August 2011, were unanimously ADOPTED on proposal by Raj Badal, 

seconded by Ashika Ramphal. 

PRESENTATION OF AWARDS: 

LIFE MEMBERSHIP AWARDS 

Following a brief address by Eric Barry on the professional career of the following members 

that had been in practice for 50 years, they were congratulated, and life membership were 

awarded to them: 

Mr Phillipe Gerard Dubruel De Broglio who was admitted on 4 May 1962. 

De Broglio responded by stating inter alia that he had enjoyed his half century in the legal 

profession and was proud to be a member of the KwaZulu-Natal Law Society. He added that 

he enjoyed a warm friendship, support, courtesy and respect from colleagues and guidance 

and inspiration from those in the profession both current and past members and was proud 

to be a member of the KwaZulu-Natal Law Society. 

He thanked the President and councillors and colleagues and friends for the award and for 

the care and the thought behind it.


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Mr Garnet Stanley Venn who was admitted on 17 March 1960. 

Venn responded by thanking the President, Council members and colleagues for the award. 

He added that it had been and remained a privilege to be a member of the KZN Law Society. 

He wished the Council every success in its’ endeavours expressing appreciation for all the 

effort and sacrifices in the interest of the profession and that of the public. 

KWAZULU-NATAL LAW SOCIETY PRIZES FOR BEST FINAL YEAR LAW STUDENTS 

The President thanked LexisNexis Butterworths for their financial contribution towards the 

awards presented to the best Final Year law students for 2011 at the following Universities: 

Umesh Jivan presented scrolls and book vouchers to the following candidates: 

Nontobeko Ngubane, from the Zululand University who was the University's best final 

year law student. In her final year she passed with an aggregate of 73%. 

Imraan Chohan, from the University of KwaZulu-Natal, Pietermaritzburg who was the 

University's best final year law student. Mr Chohan completed his LLB degree Summa 

Cum Laude with an average mark of 86%. 

Tatum Govender, from the University of KwaZulu-Natal, Howard College who was 

the University's best final year law student. Ms Govender completed her LLB degree 

Summa Cum Laude. 

AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION 

The President thanked LexisNexis Butterworths for their contribution towards these awards. 

Ebi Moolla, presented awards for exceptional interest contributions by the Attorneys 

Fidelity Fund to the following firms in the categories set out below: 

Categories Name of the Firm Received By 

Sole proprietor Bala Govender, Pat Naidoo & Co. Mr P. Govender 

Friedman & Associates 

Mr Michael Friedman 

Justice Reichin Ramsamy 

No representative 

2-3 Partners/Directors Sham & Co. Inc. No representative 

Thorrington-Smith & Silver Mr David Thorrington-Smith 

A.K. Essack, Morgan Naidoo & Co. Mr Morgan Naidoo 

4-6 Partners/Directors Meumann & White No representative


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Easton-Berry Inc. 

Randles Inc. 

No representative 

Mr Gavin McLachlan 

7-10 Partners/Directors J. Leslie Smith & Co. Inc. Mr Sandile Ngwenya 

Mooney Ford Attorneys 

Mrs Lois Moshal 

Tatham Wilkes Inc. 

Mr Nigel Tatham 

11+ Partners/Directors Garlicke and Bousfield Inc. Mr Rob Mun-Gavin 

Shepstone and Wylie 

Mr Nigel Woodroffe 

Strauss Daly Inc. 

Mr Musa Ntsibande 

PRESIDENT’S REPORT 

The President handed over the chair to Asif Essa while dealing with his report. 

The President presented his report, which was set out from pages 19 to 32 of the Council's 

report for the year 1 July 2011 to 30 June 2012, and which was circulated to members on 

21 September 2012. 

The President stated that it was a privilege to serve the Society and the profession in the 

capacity of president; it had been a wonderful and fulfilling experience, for which he was 

grateful. 

He stated that such issues as the Legal Practise Bill and Competition Commission had been 

covered by previous speakers and highlighted the following: 

ATTORNEYS DEVELOPMENT FUND 

The Fund’s objective was basically to make funds accessible for development of practising 

attorneys by providing infrastructural technology, that is computers, internet connectivity 

software, et cetera, resources for establishment and operation of practices to effectively 

support sustainable growth of their practices, facilitate skills development and skills 

transfer programmes, and facilitate training programmes for attorneys to utilise 

infrastructure and resources and also assist via various interventions to better equip 

attorneys to manage sustainable practices. 

THE FINANCIAL INTELLIGENCE CENTRE 

Members were encouraged to register with the Centre as required in terms of the FIC Act; 

the President drew the Meeting’s attention to the presence of members of staff from the 

law society available to assist members of the profession to register on-line. 

THE LIBRARY


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Following the interruption of the service at the Pietermaritzburg Law Library during 2011 as 

a result of fire damage the library has since been refurbished and has been operational 

during 2011. A formal reopening ceremony was held on 30 August 2012 where the library 

was named the E M Ngubane Library in honour of the memory of the late Edward Mvuseni 

Ngubane who died in May 2012 and who served the profession in various capacities including 

serving as a councillor of this Society, its President, President of the Black Lawyers 

Association, Co-Chairperson of the LLSA as well. 

The library was reopened and the naming plate unveiled by the honourable Justice Gush. 

The President reported that the Council resolved to name the Durban Library the Victoria & 

Griffiths Mxenge Library and an official ceremony would be held in due course. 

SADCLA 

The KZN Law Society is a member of the SADC Lawyers Association and continues to support 

and contribute to the efforts of the Association. The President stated that, at the 2012 

SADCLA Conference held in Swaziland, the former president of the Society, Mrs Thoba Poyo- 

Dlwati, ended her term as the President of the SADCLA Lawyers Association. 

HIGH COURT COMMITTEE 

The President drew attention to the establishment of an Ad Hoc Committee to deal with 

developing criteria to be applied to a screening process for those members who made 

application for acting judicial appointments. This was in response to the Judge President’s 

request that the Society, as a regulatory body, should provide him with some assistance in 

order for him to make informed appointments. 

PRO BONO COMMITTEE 

The amendment to Rule 27 of the Society’s Rules made the rendering of pro bono service 

mandatory, which amendments were accepted at the 2010 AGM and thereafter approved by 

the Chief Justice and published in Government Gazette 35313 of 11 May 2012. Following 

this publication, the Society approved joint venture pro bono agreements with the Legal Aid 

South Africa and the Pro Bono.Org, which agreements were officially signed on 30 August 

this year. 

THE REFORM AUDIT SUPPORT SYSTEM (RASS)


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The Fund tabled a proposal to absorb RASS into its’ forensic department in order to ensure 

its continued operation and funding, to ensure that it is aligned with the Risk Management 

objectives of the Fund, whilst at the same time separating it from regulatory authority in 

the interests of good governance. The Council supported this proposal, subject to the Fund 

liaising with the Society on issues relating to criteria for participation. 

CONCLUSION 

The President concluded by thanking Council members for their support during the year, 

stating that the Council had committed itself to transformation and had also been gender 

sensitive at all times this past year regarding employment, other appointments and 

procurement. 

In addition he thanked the many members of the Society who had willingly volunteered 

their time to serve the Society, the management team and the staff of the Society for their 

continued efforts stating that the team is indicative of the Society’s transformation 

programme. He wished the staff every success in the future and assured them of Council’s 

continued support. 

The President stated that it had been a privilege to serve the Society and the profession in 

the capacity of the President. 

Discussion: 

There being no discussion the President’s report was ADOPTED on the proposal of Praveen 

Sham, seconded by Gavin McLachlan. 

ANNUAL FINANCIAL STATEMENTS 

Asif Essa, Chairperson of the Finance Committee, reported on the financial performance of 

the Society for the period July 2011 to June 2012 and in so doing presented the Annual 

Financial Statements for the year ended June 2012. 

The Society’s auditors had qualified the Annual Report on the basis that, in their opinion, 

the recoverability of the enquiry debtors is doubtful due to the nature of the debtor and the 

length of time for which the amounts have been outstanding. Enquiry debtors relate to 

expenditure incurred in the course of pursuing suspension and strike-off applications, the 

recovery of which is often a slow, arduous process. Essa explained that an errant member 

may have several applications brought against him over the course of practising and early 

records have not distinguished one matter from another, nor do errant members make 

regular payments or payments linked to a specific application. The matters are numerous 

and span the years for which the Society is in existence, hence the difficulty. 

Under cover of a separate letter the auditors recommended that a provision for doubtful


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debts be raised for the remaining enquiry debtors and that thereafter on an annual basis a 

provision raised on any movement in the enquiry debtors. This would obviously have a 

significant impact on the net profit of the year in which the initial provision is raised. 

Council considered the matter at the September 2012 meeting and resolved to accept the 

auditor’s recommendation and adopt a policy to raise the provisions for doubtful debts. 

In terms of financial performance, the Society realised a surplus of R210 695 primarily as a 

result of curtailed expenditure assisted by improved income from investments and the 

ongoing attempts to collect outstanding subscriptions. 

The balance sheet of the Society reflects that the Society’s liabilities are adequately 

covered by its assets, having particular regard to cash and investment holding against paid 

and other payables. 

Trade receivables and enquiry debtors will of course be an area which will be carefully 

looked at in the current financial year on the basis referred to above. 

Income: 

Agency Fee, the fee earned on the collection of trust interest to be paid over to the 

Attorneys Fidelity Fund, is the major source of the Society’s income comprising some 59% of 

the Society’s total income for the year under review. This income stream, having suffered 

further decline in 2012 with a 7% decrease from the previous year, is anticipated to decline 

even further. 

The Attorneys Fidelity Fund is reviewing its business development strategy to address the 

issue of the maximisation of trust increase and minimisation of bank charges. 

Income from investments shows an increase as a result of the broadening of the Society’s 

investment mandate to include investment in equity in addition to cash investment with 

banking instructions. The Society has taken a reasonably conservative approach by ensuring 

that the majority of the managed portfolio is invested in cash. 

Subscriptions is a second major source of income and despite ongoing attempts to recover 

subscriptions and the offers to members to have these paid in instalments, the recovery of 

subscriptions remains an area of concern, so much so that the Council resolved to hand the 

debt over for collection and errant members will be notified hereof shortly after the annual 

general meeting. 

Essa reminded members that the Society is required to pay a capitation levy to the Law 

Society of South Africa irrespective of whether or not members pay their subscriptions to 

the Provincial Law Society. Non-payment of subscriptions therefore has a double impact on 

the Society’s finances. 

He added that, as reported in previous years, the Society cannot afford not to increase


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subscriptions annually; it was therefore proposed that subscriptions be increased by an 

amount of R300 per member for the current year, having regard to the increasing costs, the 

levies paid in the recent past on behalf of members in respect of the RAF litigation and the 

relatively low rate levied against our members, as compared to other professions. 

Expenditure: 

Essa stated that the policy adopted on expenditure remains the same as in previous years. 

The operating budget is based on a consideration of the previous year’s expenses with an 

allowance made for increased costs. Management continue to apply strict controls on 

expenditure. He stated that he was pleased to report that the operational and 

administrative expenses were within the budget for the period under review and almost in 

line with the 2011 expenditure, despite increasing costs, disregarding the contribution of 

the R5 million to the Attorneys Development Fund and the R2 million recovery on library 

costs from the AFF. 

The library, Essa stated, continues to be one of the major items of expenditure and is a 

matter considered by the Council annually. It is Council’s view that the benefit to our 

members is worth the expenditure and has become a national resource for all members of 

the attorneys’ profession throughout the Republic of South Africa. On behalf of the Council, 

Essa encouraged members to make use of the facilities in the libraries which caters a full 

suite of electronic publications published by Lexis Nexis, Juta and Sabinet. 

BUDGET 2013 

The budget for 2012 - 2013 was approved by the Council as proposed by the Finance 

Committee. The said budget anticipated a deficit of approximately R2,3 million. 

The Income budget was prepared conservatively, given the current economic conditions and 

the fact that the interest rates are likely to remain the same in the near future and having 

regard to the recent reduction in the interest rate which will affect agency fees as alluded 

to earlier. 

The Expenditure Budget includes a R300 increase on subscriptions; the effect of such an 

increase being: Pietermaritzburg and Durban from R1 560 to R1 860 plus VAT; country 

R1 450 to R1 750 plus VAT; and declared members R1 240 to R1 540 plus VAT. 

Essa thanked Zamasomi Msomi (former Manager: Finance) and the Director, Gavin John, who 

assumed the responsibility of Manager: Finance following Msomi’s resignation. 

In conclusion, Essa proposed the approval of the following –


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Adoption of Annual Financial Statements 

The Chairperson of the Finance Committee proposed the ADOPTION of the Annual 

Financial Statements for the year ended 30 June 2012, which was seconded by Eric Zaca. 

Discussion: 

The being no discussion the Annual Financial Statements were ADOPTED. 

Approval of Auditor’s Remuneration 

The Chairperson of the Finance Committee proposed the PAYMENT of the Auditor's 

remuneration to Mitchell's Chartered Accountant for an amount of R36 000, which was 

seconded by Eric Zaca. 

Discussion: 

The being no discussion the Auditor’s remuneration was APPROVED. 

Increase in Subscriptions 

The Chairperson of the Finance Committee proposed an INCREASE in the subscriptions by 

R300 per annum for Durban/PMBurg and Country, seconded by Sha Singh. 

CURRENT 

Proposal at AGM for Approval 

AREA VAT Excl VAT Incl VAT Excl VAT Incl 

Durban/PMB R1 560 R1 778.40 R1 860 R2 120.40 

Country R1 450 R1 653.00 R1 750 R1 995.00 

Declared R1 249 R1 413.60 R1 240 R1 413.60 

Discussion: 

The being no discussion the proposed increase of R300 per member per annum was 

APPROVED. 

Appointment of Auditors


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The Chairperson of the Finance Committee proposed the APPOINTMENT of: 

(1) Mitchell's Chartered Accountant for the auditing of the business books of account; 

and 

(2) Roshan Morar and Associates for auditing the trust interest and curator books of 

account and to report to the Attorneys Fidelity Fund. 

for the 2013 financial year, which proposal was seconded by Eric Zaca. 

Discussion: 

There being no discussion hereon, the proposal was ADOPTED. 

ELECTION OF COUNCIL 

The President announced that BLA and NADEL constituencies would revert regarding their 

respective nominees representing the greater Durban, Pietermaritzburg and Country areas 

until such time the following existing representatives would continue to serve as 

Councillors: 

BLA 

Mrs N.S. Kheswa (Durban) 

S. Kunene (Pietermaritzburg) 

M. Neluheni (Newcastle) 

M.S.O. Nxasana (Durban) 

E. Zaca (Pietermaritzburg) 

Mrs T.P. Poyo-Dlwati (alternate member)(Pietermaritzburg) 

NADEL 

R.R. Badal (Verulam) 

M.A.A.S. Essa (Pietermaritzburg) 

P. Govindasamy (Pietermaritzburg) 

X. Ntshulana (Port Shepstone) 

Mrs C. Pillay (Pietermaritzburg) 

A. Lax (alternate member)(Pietermaritzburg) 

The Director, Mr Gavin John dealt with the election of Council and reported that, in terms


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of the elected members for which there are ten positions on the Council: 

In respect of the Pietermaritzburg area no vote was necessary as there were only three 

nominations for the three available positions and the following person were therefore duly 

elected: 

John Christie 

Gavin McLachlan 

Richard Scott 

Similarly in terms of Country area no vote was necessary as only two nominations were 

received for the two available positions and the following persons were duly elected: 

Eric Barry 

Praveen Sham 

In respect of the area of Greater Durban for which there were five positions available, six 

nominations were received, these being: 

Ms Radhika Gounden 

Saber Jazbhay 

Umesh Jivan 

Ebrahim Moolla 

Mrs Ashika Ramphal 

Mrs Manette Strauss 

The Director stated that this necessitated a vote to which all members were called upon. 

The Society received a total number of 345 votes, 18 of which were rejected because they 

were spoilt and 327 legitimate votes were counted. 

The following members were elected as a result of the voting process: 

Manette Strauss 

Saber Jazbhay 

Ebrahim Moolla 

Umesh Jivan 

Ashika Ramphal 

The Director thanked Ms Radhika Gounden for making herself available for election and 

wished her well in the future. 

The President thanked the following scrutineers who spent the best part of the previous day 

counting the votes in Pietermaritzburg: Sanelisiwe Princess Ngcobo, Karishta Singh and 

Rachel Clare Townsend.


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CONSIDERATION OF SPECIAL BUSINESS 

There was no special business submitted by members. 

COUNCIL'S MOTION 

Gavin McLachlan introduced and proposed Motion 1: 

[ ] Words in bold type in square brackets indicate proposed deletions from the existing 

Rules. 

____ 

Words underlined with a solid line indicate proposed insertions in the existing Rules. 

MOTION 1: 

RULE 3: ANNUAL GENERAL MEETINGS 

Amend Rule 3(c), (e) and (g) as follows: 

"(c) 

"(e) 

"(g) 

Notice of every annual general meeting shall be posted via conventional or electronic 

means by the Secretary to each member of the Society at least 49 days before the date 

of the meeting." 

The President's report on the events of the preceding year shall be posted via 

conventional or electronic means by the Secretary to each member of the Society at 

least 21 days before the date of the meeting. The report shall contain or be 

accompanied by the audited financial statements of the Society, and a list of Councillors 

indicating the number of meetings attended by each Councillor during the year." 

Notice in writing of any special business which a member wishes to have considered at 

the annual general meeting shall be given to the Secretary at least 32 days before the 

date of the meeting. Such notice shall contain the motion to be proposed. Notice of 

such special business shall be posted via conventional or electronic means to each 

member by the Secretary at least 21 days prior to the date of the meeting." 

MOTIVATION: 

As a result of the technological advancement in communication and correspondence via 

electronic means, and the exorbitant costs related to conventional methods of mailing 

correspondence, the Society will be able to disseminate information more efficiently and 

cost effectively via email and posting information on its website. 

Members still requiring hard copies will be advised via the Society’s Circular that same 

would be provided upon request.


------------------------------------------------------------------------------------------------------------- 

McLachlan stated that the proposal is simply to facilitate electronic communication 

between the Society and its’ members given the advancement in technology and the level of 

electronic communication generally. McLachlan alluded to the fact that the Council 

operates using iPads which reduced costs and time. 

Gavin McLachlan moved for the adoption of the Motion seconded by Mr V. O'Connell. 

There being no opposition the Motion was CARRIED. 

GENERAL 

The Chairperson invited members to raise any matters under general having regard to the 

fact that no matter so raised could be voted upon. 

Ms Shah Singh raised concerns about gender issues and gender representation on the Council 

which concerns were NOTED and agreed with. 

Asif Essa thanked the President for his leadership during his term of office and for his 

commitment and tireless effort in exercising his duties and wished him well for the future. 

CLOSURE 

The President reminded the meeting of the competitions for lucky draws which were being 

run, which draws would take place in the adjourning room where all in attendance where 

invited for refreshments. 

The President then declared the meeting closed. 

MINUTES CONFIRMED ON 

____________________________ 

PRESIDENT/CHAIRPERSON 

18 October 2013

KZN LAW SOCIETY 

“A.1” 

ANNUAL GENERAL MEETING : 12 OCTOBER 2012 

A T T E N D A N C E S 

******************************************************************************** 

ANTHIA, STAVROS 

ARCHARY, SHERLAN 

BAGLEY, LIZA 

BHIKHA, NARESH A. 

BLOCH, JEFFREY 

BOTHA, COLIN 

BRAMDEO, NADHIRA 

BROWN, TIM 

CELE, THANDEKA 

CHETTY, KASINDREE 

CHOHAN, IMRAAN 

CHOWTHEE, RAMIE (ABSA) 

CURIA, MICHELLE 

CURLEWIS, LLEWELLYN 

DADA, NAZEER 

DALY, VAUGN 

DE BROGLIO, P.G.D. 

DE FREITAS, DUARTE 

DEWES, PAT 

DLAMINI, B.G. 

DUBULA, McEBISI 

DUMA, PHIWA 

FOBO, MARY MAMOHLAKALA 

FRANCIS, SIMON 

FRIEDMAN, MICHAEL 

GANIE, IQBAL 

GOPAUL, CHETNA 

GOUNDEN, CHRIS 

GOUNDEN, JESSICA 

GOVENDER, HIRESEN 

GOVENDER, KRISH 

GOVENDER, NIRVANA 

GOVENDER, PERUMALSAMY 

GOVENDER, TATUM 

GOVENDER, TRISHEN 

GRANT, ANTHONY 

GREYLING, PAULA 

GUMBI, DUMISANI SIFISO 

GUMEDE, H.T.M. 

HARIPERSAD, ASH 

HAWKEY, KIM 

HINTSA, DALINKOSI 

IRVING, BEDVER 

ISMAIL, YUSUF 

JONA, NTOMBIFUTI PRETTY 

JORDAAN, J. 

JUGLAL, JAYSHREE 

KALLIDEEN, ANURADHA 

KELA, VUYOKAZI 

KELBE, BYRAN 

KHAMA, ALGENON T. 

KISSOONLAL, ANIL 

KUNENE, STHEMBISO 

KUSEEAL, D. 

LE ROUX, LINDY 

LEE, REDVERS 

LEMBEDE, THANDAZILE 

LIASIDES, FREDERIKE 

LOCKHAT, FARHAD M. 

LUTHULI, THEMBINKOSI 

MaCDONALD, RUSSELL 

MAGWENYANE, THANDEKA G. 

MAHARAJ, ASHIKA 

MAHARAJ, NALINI 

MAHARAJ, SARITA DEVI 

MAHLOBO, THOKOZANI 

MANNING, GLEN 

MANYONI, NANDISA 

MANZI, THEMBALIHLE T. 

MASIPA, MOKGERE 

MBHELE, MDODA E. 

MBILI, MPENDULO 

MBILI, THEMBALAKHE 

McCULLOUGH, MARGARET 

MEMKA, N. 

MGOJO, NOSIPO 

MJWARA, MOSS 

MKHIZE, HLENGIWE P. 

MKHIZE, PHILANI R. 

MKHONZA, SITHEMBISO PRINCE 

MKHWANAZI, THEMBELIHLE 

MOHAMED, K. 

MOKOENA, RAMPELA 

MOLEFE, MOTLATSI

MOLOKO, GEORGE B. 

MOODLEY, MAGESH 

MOODLEY, RENELLE 

MOODLEY, SUE 

MOONSAMY, MERYL 

MOSHAL, LOIS 

MOTALA, MOHAMMED 

MSIMANG, VUMANI 

MTHEMBU, VUMANI B. 

MTHETHWA, SIMO S. 

MULOVHEDZI, DUDUZILE 

MUN-GAVIN, ROBIN (NON-MEMBER) 

MUNG-LEE, HARSHNA 

MYENI, AYANDA 

NAIDOO, CYNTHIA 

NAIDOO, MICHELLE JOHN 

NAIDOO, MOGANATHAN N. 

NAIDOO, PRAMASHA T. 

NAIDOO, SOORIEKUMARIE 

NARAIN, RAMIAH 

NATHALAL, R.K. 

NDLOVU, LIHLE 

NDLOVU, SAMUKELISIWE N. 

NGCAMU, SIFISO KHAYELIHLE 

NGCOBO, BONI 

NGCONGO, ANDILE 

NGUBANE, CEBOLENKOSI 

NGUBANE, NONTOBEKO 

NGWENYA, PEARL (STAFF) 

NGWENYA, SANDILE 

NGXONGO, MENZIES 

NHLANGULELA, MONDLI 

NOKIYA, ANDILE 

NQOKO, MLUNGISI 

NSIBANDE, MUSA 

NTANZI, N.S. 

NYUSWA, ZAMA 

NZUZA, NOSISA 

O'CONNELL, VERNON 

O'DWYER, VERONICA 

ORI, M.K. 

PANDAY, NISHANA 

PARSHOTAM, SURESH 

PARTAB, SRISH 

PEREIRA, ROSE 

PERSAD, VICKE 

PILLAY, KEEGAN 

PILLAY, LEON 

PILLAY, LOGAN 

PILLAY, S. 

PILLAY, SUE 

POYO DLWATI, THOBA 

PREM, RESHMA 

PUNDIT, JAY 

RABINATH, ANIL 

RAJARUTHNAM, SUGANDHINI 

RAMASIR, KISOON 

RAMJATHAN, PRAVIN 

RAMNARAIN, PRAVISHA 

RAMPARARAT, KASHI 

RAMPERSAD, SHAMIN 

ROHRS, E.B. 

SCHAUP, DEON 

SCHUNFELDT, L.J.A. 

SEWPERSAD, ASHA 

SHAIK, VEENA 

SHEMBE, PHINDA 

SIMON, LOUIS 

SINAMA, FEZILE 

SINGH, ASHIKA 

SINGH, B.D. 

SINGH, JAY 

SINGH, PREETH 

SINGH, RISHEN 

SINGH, SHAMILA 

SINGH, VIREN 

SINGH, YESTHIEL 

SIZANI, SOMILA M. 

SMITH, GUY 

SMITH, JAMES 

SMITH, STEPHEN K. 

STEENKAMP, D.J. 

STUART-HILL, ROB 

SWANEPOEL, MICHAEL 

SWART, NIC 

SZUDRAWSKI, HANNAH 

TATHAM, DOUGLAS 

TATHAM, NIGEL 

TEMBE, THAMI 

THORRINGTON-SMITH, DAVID 

TROTTER, LAWRENCE 

TUGH, HIMAL 

VABAZA, CHUMA 

VEDAN, JERALD 

VENN, GARNET 

WALLACE, JOHN 

WOLFSON, ROY 

WOMACK, A.J. CATHARINA 

WOODROFFE, NIGEL 

ZEILER, ERRYN 

ZONDI, Z.E. 

ZONDO, SBI 

ZWANE, ALPHA C. 

“A.2”

KZN LAW SOCIETY 

ANNUAL GENERAL MEETING : 12 OCTOBER 2012 

“B.1” 

A P O L O G I E S 

******************************************************************************** 

AUDIE, JOE 

BREEDT, ANNEMARIE ANTOINETTE 

BRERETON, R. 

CHUNDER, MEERA (MS) 

COETZEE, JOHANNES 

CONRADIE, WIM 

DRUMMOND, HUGH 

ESAT, INTIKAB (KABBY) 

ESSOP, NAHEEM 

GARDYNE, DAVID 

GOEBEL, ARNO 

GRAMKOW, INGRID 

HANSJEE, BHAUNA 

HARRISON, DUNCAN 

HAY, ALASTAIR 

HUDSON, J. 

JANKEY, VAUGHN 

JASAT, NADIRA 

KITCHING, ANDRÉ 

KURZ, BRIAN 

LANDMAN, LUCAS 

LE ROUX, MICHELLE 

LEE, CHRIS 

LEITCH, RAY AILEEN 

LEWIS, B. 

LEWIS, BARRY 

LINDSAY, ADRIAN 

LISTER, RICHARD 

MANILALL, ANIL 

MATHER, ASHRAF 

MBUYISETO, JULY 

McGLASHAN, GORDON 

McKEOWN, MALCOLM 

MDLETSHE, VICTOR 

MEHTAR, SHOIAB 

MILLAR, MERVYN 

MONK, ROY 

MOORE, RORY M.P. 

MSOMI, MARTIN SIFISO 

NDLOVU, VUSI J. 

NGCOBO, SANELISIWE 

NIRHOO, ARSHANA 

NXUMALO, THEMBE 

NZIMANDE, SIBANI 

OOSTHUIZEN, RENATA 

PANNALALL, NETISHA 

POSEMANN, MICHAEL 

POTGIETER, JAN 

PRETORIUS, F.B. 

PRETORIUS, NEVILLE 

PUNDIT, ASHOK KUMAR 

PUNDIT, PRISCILLA 

QUERIPAL, ROBYN 

RAMASAR, R. 

RÖMER, MARIA 

RÖMER, MICHAEL 

SAGE, JENNY 

SAHADEW, RITA 

SHAPIRO, HAROLD M. 

SINGH, ARVIN 

SINGH, INDIRA 

SINGH, KARISHTA 

SITHAPERSAD, WHYONA 

SMITH, CATHY 

SMITH, JERRY 

SMITH, WARREN 

SOBEY, R.F. 

STRAUSS, GAYLYN 

STRETCH, RICHARD 

SWANEPOEL, IVAN 

THORNHILL, R. 

TOWNSEND, RACHEL 

VAN WALSEM, MARYKE 

VOGEL VAN DER SANDT, JEANNE 

WALSH, PHILIP MICHAEL 

WILLIAMS, M.D. 

WRIGHT, GRAHAM 

WRIGHT, LAWRIE 

YARKER, GEORGE

a.1 - Natal Law Society

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