a.1 - Natal Law Society

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AGM MINUTES - 4 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- ‣ 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 <strong>Society</strong>’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 <strong>Law</strong> 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.
AGM MINUTES - 5 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- 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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a.1 - Natal Law Society

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