THE KWAZULU-NATAL LAW SOCIETY

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R E P O R T O F T H E C O U N C I L

For the year

1st July 2016 to 30th June 2017

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To be presented at the

ANNUAL GENERAL MEETING

of the Society to be held at

COASTLANDS UMHLANGA HOTEL, 329 UMHLANGA ROCKS DRIVE,

DURBAN

On

Friday, 20 October 2017

At 09:00

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THE KWAZULU-NATAL LAW SOCIETY

(KZNLS)

Office, Library and Boardroom First Floor, 200 Hoosen Haffejee Street

PIETERMARITZBURG Telephone: (033) 345-1304 (8 lines)

Fax: (033) 394-9544 Complaints Department Fax: (033) 345-3028

Finance Department Fax: (033) 345-0254

Postal Address: P.O. Box 1454

PIETERMARITZBURG 3200

(DOCEX 25)

Durban Law Library & Conference Centre 11th Floor, Salmon Grove Chambers

407 Smith Street DURBAN

Telephone: (031) 301-1621 Fax: (031) 306-1938

E-Mail Addresses:

KwaZulu-Natal Law Society Office: info@lawsoc.co.za Director: director@lawsoc.co.za

Complaints Section: complaints@lawsoc.co.za Trust Interest Portfolio Officer – KZN (AFF): revisha@fidfund.co.za

Manager: Finance: financialmanager@lawsoc.co.za Libraries: help@lawlibrary.co.za

Bookkeeper: accounts@lawsoc.co.za Records Section: records@lawsoc.co.za

Practical Examinations: exams@lawsoc.co.za Curator Section: curator@lawsoc.co.za Audit Reports: rule21a@lawsoc.co.za

Articles & Admissions: articles@lawsoc.co.za Trust Interest Portfolio Officer – KZN (AFF): cynthia@fidfund.co.za Compliance Support Programme (CSP): sherry@fidfund.co.za

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Website Addresses: KwaZulu-Natal Law Society: http://www.lawsoc.co.za

KwaZulu-Natal Law Society Library: http://www.lawlibrary.co.za

Fax Lines: Pietermaritzburg Library: 086-500-8555

Durban Library: 086-500-6929 Director: 086-500-9103

Director's Secretary: 086-6767-613 Complaints: 086-500-6602

Manager: Regulatory Affairs: 086-500-6890 Trust Interest Portfolio Officer – KZN (AFF): 086-500-8236

Manager: Finance: 086-644-2772 Manager: Corporate: 086-639-3978

Manager: Inspections – KZN (AFF): 086-517-3086 Records: 086-500-5744 Rule 21A: 086-500-6218 Accounts: 086-644-3881 Admissions: 086-500-7857

Curator: 086-646-5598

THE KZNLS AUDITORS

Business Account Audit: Mitchell's Chartered Accountant

Curator and Trust Accounts Audit:

Roshan Morar & Associates

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MEMBERS OF THE KZNLS COUNCIL:

U. JIVAN, President (Durban) J.O. CHRISTIE, Vice-President (Pietermaritzburg)

V.R.D. O'CONNELL, Vice-President (Durban) L.C. PETER, Vice-President (Durban)

C. PILLAY, Vice-President (Pietermaritzburg) R.R. BADAL, Verulam

E.R. BARRY, Port Shepstone M.A.A.S. ESSA, Pietermaritzburg

P. GOVINDASAMY, Pietermaritzburg S.A. JAZBHAY, Durban

N.S. KHANYILE-KHESWA, Durban G.J. McLACHLAN, Pietermaritzburg

E.A. MOOLLA, Chatsworth U. NAICKER, Port Shepstone (from 1.03.2017)

M. NELUHENI, Newcastle X. NTSHULANA, Port Shepstone (until 28.02.2017)

R.N. SCOTT, Pietermaritzburg P. SHAM, Stanger

M. STRAUSS, Durban P.F.D. TAKALO, Pietermaritzburg

E.B. ZACA, Pietermaritzburg

DIRECTOR G.M. JOHN

(until 10.04.2017)

DEPUTY MANAGER: REGULATORY AFFAIRS & ACTING DIRECTOR N. HARRIPERSAD

(Acting Director from 11.04.2017)

MANAGER: REGULATORY AFFAIRS & ACTING MANAGER: CORPORATE SERVICES P. ARNOLD MFUSI

(Acting Manager: Corporate Services from 1.06.2017)

MANAGER: FINANCE T. ZONDI

MANAGER: CORPORATE SERVICES

R. GUNPATH (until 31.05.2017)

MANAGER: LIBRARY SERVICES

S.T. NGCOBO

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KZNLS MEMBERS WHO SERVE ON THE COUNCIL OF THE LAW SOCIETY OF SOUTH AFRICA: U. Jivan (President – Ex Officio) R.N. Scott X. Ntshulana (NADEL) L.C. Peter (BLA) H. Munglee (NADEL) KZNLS Director – Ex Officio KZNLS MEMBERS WHO SERVE ON STANDING COMMITTEES, AD HOC COMMITTEES AND TASK TEAMS OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): STANDING COMMITTEES: Alternative Dispute Resolution (ADR) - M.F. Bulbulia (Durban)

- Ms U. Naicker (NADEL)(Port Shepstone) - Ms U. Pala (Ladysmith) - M. Essack (alternate)(Pinetown)

Audit & Remuneration Committee - A.H. Trikamjee (Durban)(Chairperson) (ex FINCOM) (ARC) - X. Ntshulana (NADEL)(Port Shepstone) Company Matters Committee - U. Jivan (Durban)

- P.S. Hay (alternate)(Pietermaritzburg) Competition Committee - E.M. Mbhele (BLA)(Pinetown) - H. Goga (NADEL)(Durban) - G. Gow (Durban) - H.J. Stephenson (alternate)(Durban) - L.C. Peter (alternate)(BLA)(Durban) Constitutional Affairs & - S.A. Jazbhay (Durban) Human Rights Committee - X. Ntshulana (NADEL)(Port Shepstone) - Ms S. Singh (Durban) Contingency Fees Committee - P. Govindasamy (Pietermaritzburg)

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Costs Committee - M.A.A.S. Essa (NADEL)(PMBurg)(Chairperson) Criminal Law Committee - A. Maharaj (NADEL)(Durban) Deceased Estates, Trusts - H. Goga (NADEL)(Durban)(Chairperson) & Planning Committee - P.S. Hay (Pietermaritzburg) De Rebus Editorial Committee - No representative E-Law Committee - G.J. McLachlan (PMBurg)(Chairperson) - Ms M. Sosibo (NADEL)(Durban) Environmental Affairs Committee - N.L. Brauteseth (Durban)(Chairperson)

- I. Lax (NADEL)(Pietermaritzburg) Ethics & Rules Committee - K. Govender (NADEL)(Durban)(Chairperson)

- J.O. Christie (Pietermaritzburg) Examinations Committee - A.H. Trikamjee (Durban)

- Ms K. Seegobin (Pietermaritzburg) (Convenor Notarial Examinations) - Madam Justice M.B.S. Masipa (Durban) - S.P. Mncwango (alternate)(BLA)(Durban) - KZNLS Director Family Law Committee - S.W. Abro (Durban)(Chairperson) - U. Naicker (alt)NADEL)(Port Shepstone) Financial Intelligence Centre Act - P. Sham (Stanger) - D. Takalo (alternate)(BLA)(Pietermaritzburg) Gender Equality Committee - Ms N. Zulu (Pietermaritzburg)(Chairperson) - Ms S.W. Abro (Durban) High Court Matters Committee - U. Jivan (Durban) - M.A.A.S. Essa (NADEL)(Pietermaritzburg) Immigration & Refugee Law - N. Goodway (Durban) Insolvency & Liquidation Matters - E.A. Moolla (Chatsworth) Intellectual Property Law Committee - J.H. Senekal (Durban)(Deputy Chairperson)

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Joint LSSA/AFF GATS - M.I.A. Ganie (Pietermaritzburg) (inc Foreign Qualifications) Joint Committee of Attorneys - M.I.A. Ganie (Pietermaritzburg)(Chairperson) and Accountants - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - KZNLS Finance Manager Labour Law Committee - P.R. Hobden (Pietermaritzburg) - R. Ramdaw (NADEL)(Newcastle) Legal Aid Committee - N.E. Memka (BLA)(PMBurg)(Chairperson) Legal Provident Fund Committee - I. Lax (NADEL)(Pietermaritzburg) - KZNLS Director Liquor Matters Committee - B. Kruger (Greytown) - S. Dlomo (NADEL)(Port Shepstone) Magistrates' Court Committee - P. Sham (Stanger)(Deputy Chairperson)

- T.A. Tembe (BLA)(Durban) Practice Development Committee - P. Sham (Stanger)(Chairperson) - H. Munglee (NADEL)(Pietermaritzburg) - R. Singh (KZNLS Employee Representative) Pro Bono Committee - P. Govindasamy (Pietermaritzburg) - KZNLS Pro Bono Co-ordinator (Manager:

Corporate Services) Property Law Committee - J.O. Christie (Pietermaritzburg)(Chairperson)

- H. Goga (NADEL)(Durban) - Ms K. Peter (BLA)(Durban) Ms A. Gounden (Durban) - K.G. Mustard (alternate)(Pinetown)

Personal Injury Committee - M. Neluheni (Newcastle) Small Claims Court - No representative Legal Education Committee - R.R. Badal (NADEL)(Verulam)(Chairperson) - A.H. Trikamjee (Durban) - F.M. Mchunu (BLA)(Durban)

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Tax Matters & Exchange Control - M.I.A. Ganie (NADEL)(Pietermaritzburg) GOVERNANCE COMMITTEES: Joint AFF/LSSA 46(b) Committee - A.H. Trikamjee (LSSA Fincom Chair)(Durban) (not a LSSA Standing Committee) Directors Committee - KZNLS Director - H. Munglee (NADEL)(Pietermaritzburg) Management Committee 2016/7 - R.N. Scott (Pietermaritzburg) - X. Ntshulana (NADEL)(Port Shepstone) LSSA Council 2016/17 - R.N. Scott (Pietermaritzburg) - X. Ntshulana (NADEL)(Port Shepstone) - L.C. Peter (BLA)(Durban) - KZNLS Director (invitee) - U. Jivan (invitee)(KZNLS President)(Durban) - H. Munglee (invitee)(NADEL)(PMBurg) Constituent Members - KZNLS Director

- H. Munglee (NADEL)(Pietermaritzburg) AD HOC COMMITTEES AND TASK TEAMS: Competition Commission Task Team - K. Govender (Durban) Professional Interest Body - R.N. Scott (Pietermaritzburg) (Association) Task Team - X. Ntshulana (alt)(NADEL)(Port Shepstone) KZNLS MEMBERS WHO SERVE ON THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: N. Khanyile-Kheswa (BLA)(AFF Vice-Chairperson) P. Govindasamy (NADEL) E.A. Moolla E.R. Barry R.R. Badal (alternate) (NADEL) S.A. Jazbhay (alternate)

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KZNLS MEMBERS WHO SERVE ON THE COMMITTEES OF THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND:

Audit & Compliance Committee: E.A. Moolla. Bursary Committee: M.A.A.S. Essa (NADEL). Executive Committee: N.S. Kheswa (BLA). Finance Committee: E.R. Barry. Grants to Universities: P. Govindasamy (NADEL). Investment Committee: M.I.A. Ganie (Chairperson) & E.A. Moolla. Policy / Governance Committee: M.J. Ndlovu (Specialist Member: Ndlovu & Co. Holdings). Remuneration Committee: E.A. Moolla (Chairperson). Risk Committee: E.R. Barry (Chairperson) & R.R. Badal. Treasury Committee: M.I.A. Ganie (Chairperson) & Professor S. Perumal (Specialist: University of KZN). KZNLS MEMBERS WHO SERVE ON VARIOUS OTHER COMMITTEES:

Board of the Attorneys Development Fund: Primary KZN Member: G. McLachlan Alternate: D. Takalo Board of Directors: Attorneys’ Insurance Indemnity Fund: E.A. Moolla & M.A.A.S. Essa (NADEL). National Forum Negotiation Team: P. Sham, C. Pillay (NADEL), L.C. Peter (BLA) & KZNLS Director.

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THE VARIOUS STANDING COMMITTEES OF THE KZNLS COUNCIL:

Executive Committee: U. Jivan (President) J.O. Christie (Vice-President) V.R.D. O’Connell (Vice-President) L.C. Peter (BLA) (Vice-President) C. Pillay (NADEL) (Vice-President) KZNLS COMPLAINTS COMMITTEES: Complaints Committee No. 1 (Litigation): P.F.D. Takalo (Chairperson), U. Jivan, T. Sharma & M. Essack. Complaints Committee No. 2 (Port Shepstone): E.R. Barry (Chairperson), X. Ntshulana, A.D. Ramasar & P. Preston. Complaints Committee No. 3: P. Sham (Chairperson), P. Govindasamy, A. van Lingen & F. Leppan. Complaints Committee No. 4: S.A. Jazbhay (Chairperson), M.A.A.S. Essa, N. Goodway & P. Dabideen. Complaints Committee No. 5: L.C. Peter (Chairperson), C. Pillay, C. Havemann & A. Arnott. Complaints Committee No. 6: R.R. Badal (Chairperson), M. Strauss, A. Myeni & A. Sewpersad. Complaints Committee No. 7: E.A. Moolla (Chairperson), E.B. Zaca, G. Pentecost & S. Taverner. Complaints Committee No. 8 (Conveyancing): G.J. McLachlan (Chairperson), J.O. Christie, A.G. Hartley & G. Duvenage. Complaints Committee No. 9 (RAF): N.S. Khanyile-Kheswa (Chairperson), R.N. Scott, N. Mnculwane & R. Ramkhelawan. Complaints Committee No. 10: V.R.D. O'Connell (Chairperson), M. Neluheni, R. Hoal & Yugasan Govender.

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Audit Reports Complaints Committee No. 1: S.A. Jazbhay (Chairperson) & R.N. Scott. Audit Reports Complaints Committee No. 2: V.R.D. O'Connell (Chairperson) & M.A.A.S. Essa. Audit Reports Complaints Committee No. 3: N.S. Khanyile-Kheswa (Chairperson) & J.O. Christie. Audit Reports Complaints Committee No. 4: E.A. Moolla (Chairperson) & E.B. Zaca. Audit Reports Complaints Committee No. 5: M. Neluheni (Chairperson) & P. Sham. Non-Response Complaints Committee No. 1: C. Pillay (Chairperson) & U. Jivan. Non-Response Complaints Committee No. 2: P.F.D. Takalo (Chairperson) & E.R. Barry. Non-Response Complaints Committee No. 3: X. Ntshulana (Chairperson) & R.N. Scott. Non-Response Complaints Committee No. 4: L.C. Peter (Chairperson) & G.J. McLachlan. Non-Response Complaints Committee No. 5: R.R. Badal (Chairperson) & M. Strauss. Estates Complaints Committee No. 1: E.A. Moolla (Chairperson), A.G. Jenkins & L.C. Peter. Estates Complaints Committee No. 2: R.R. Badal (Chairperson), S. Keshav & M.M. McCullough. Judges Complaints Committee (Durban): L.C. Peter (Chairperson), S.A. Jazbhay, V.R.D. O'Connell & R.R. Badal.

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Judges Complaints Committee (Pietermaritzburg): P. Govindasamy (Chairperson), E.B. Zaca, G.J. McLachlan, M.A.A.S. Essa & P.F.D. Takalo. Special Complaints Committee (Complaints about Councillors' Conduct): J. von Klemperer (Chairperson), T.A. Ngxingweni, C. Ngidi & M.Y. Baig. KZNLS STANDING COMMITTEES: Alternatives for Councillors: Statutory Alternate: Russell Frank Sobey. NADEL Alternate: Ilan Lax. BLA Alternate: Sthembiso Kunene. Alternate Dispute Resolution Committee: S.A. Jazbhay, A. Sewpersad, M. Essack, P.F.D. Takalo, M.F. Bulbulia, A. Kallideen & U. Pala. Invitees to Committee: P. Dewes & C. James. Assessment Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, C. Pillay, S.A. Jazbhay & U. Jivan. Attorneys' Association Affairs Committee: J.O. Christie (Chairperson), A.G. Jenkins, A. Singh & M. Neluheni. Company, Tax and Commercial Committee: E.A. Moolla (Chairperson), U. Jivan, C. Ngubane & R. Naidoo (Rajan). Competition Law Committee: Cebo Ngubane (BLA), Rajan Naidoo (NADEL), U. Jivan & P.C.E. Andrew. Contingency Fees Committee: P. Govindasamy (Chairperson), M. Nxumalo, J.M. White & A. Kallideen. Criminal Law and Procedure Committee: E.B. Zaca (Chairperson), R.M. Ramkhelawan, J. Reddy, A. Chetty, H. Munglee & A.B. Maharajh.

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Environmental Affairs Committee: I. Lax (Chairperson), N.L. Brauteseth, K. Krishna & M.C. Brouckaert. Examining Committee: P. Govindasamy (Chairperson), R.R. Badal, J.O. Christie, M.A.A.S. Essa, R. Scott, P.F.D. Takalo, C. Pillay, G.J. McLachlan, P. Sham & E.B. Zaca. Family Law & Gender Committee: Mohammed Essack (Chairperson), C. Pillay, S.A. Jazbhay, S.W. Abro, M.O.R. Meiring, P.F.D. Takalo, J.A. Russell Maharaj, A. Sewpersad & Karen M. Botha. FICA Committee: G.J. McLachlan, P. Sham, S. Kunene, S. Meersingh, KZN Director & Manager: Business Development. Finance, Audit and Risk Committee: M.A.A.S. Essa (Chairperson), P. Sham (Deputy Chairperson), R.R. Badal, J.O. Christie, P. Govindasamy, R. Scott, P.F.D. Takalo, C. Pillay, E.B. Zaca, G.J. McLachlan & E.A. Moolla (Chairperson of the Investment Committee). High Court Committee: R.N. Scott (Chairperson), M.A.A.S. Essa, R.R. Badal, P. Sham, P. Marimuthu, M. Nxumalo, G.L. Seethal, L.C. Peter, U. Jivan & Justice G.N. Kruger (representing the JP). Human Resources Committee: R.N. Scott (Chairperson), P. Govindasamy, C. Pillay, P.F.D. Takalo, E.B. Zaca, X. Ntshulana, P. Sham, E.R. Barry, V.R.D. O'Connell & Manager: Corporate Services. Human Rights & Constitutional Development Committee: R.R. Badal (Chairperson), S.A. Jazbhay & T.A. Ngxingweni. Information Technology Committee: G.J. McLachlan (Chairperson), V.R.D. O'Connell, Director, K. Basson (I.T. Administrator) & M. Bruce (Website Administrator). Investment Committee: E.A. Moolla (Chairperson), M.A.A.S. Essa (Chairperson of the Finance Committee), P.F.D. Takalo, P. Hay, Manager: Finance & Director.

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Labour Law Committee: R.N. Scott (Chairperson), P.R. Hobden, R.D. Haslop, P.O. Jafta, A. Sewpersad & A. Dorasamy. Legal Aid Committee: R.R. Badal (Chairperson), P. Sham, S.G. Nzimande & M. Memka. Legal Education Committee: R.R. Badal (Chairperson), S. Kunene, J.O. Christie & P. Sham. Library Committee: G.J. McLachlan (Chairperson), C. Pillay, P. Sham, E.A. Moolla, H. Munglee, Director & PMBurg and Durban Librarians. Magistrates' Court Committee: R.H. Whitehorn (Chairperson), A. Haripersad, R. Bandulal, P. Sham, T.A. Tembe, P.P. Fakude, Deshan Naidoo & U. Jivan. Notarial Committee: J.O. Christie (Chairperson), M.D. Mistry, M. Strauss & N.M. Phungula. Practice Management Appeals Committee: EXCO Practice Management Exemption Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Trust Interest Portfolio Officer: KZN - Ex Officio) & C. Naidoo (Trust Interest Portfolio Officer: KZN – Ex Officio). Practice Support Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Trust Interest Portfolio Officer: KZN - Ex Officio) & C. Naidoo (Trust Interest Portfolio Officer: KZN – Ex Officio). Pro Bono Committee: P. Govindasamy (Chairperson), J.A. Russell Maharaj, R. Madzhiye, C. Pillay, N. Dwarika, I. Lax, A. Kallideen, S. Dwarika (Director of ProBono.Org) & Manager: Corporate Services – Ex Officio. Property Law Committee: J.O. Christie (Chairperson), K. Peter, H. Goga, R.S. Green, K.G. Mustard, M.S. Msomi, R.R. Badal & A. Kallideen.

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Public Law and Local Government Committee: X. Ntshulana (Chairperson), M. Francis, V. Kela & V. Nkosi. RAF Committee: M. Neluheni (Chairperson), P. Govindasamy, K.A. Cohen & M.H. Friedman. Rules & Ethics Committee: P. Sham (Chairperson), R.R. Badal, D.H.F. Vercuil, M. Neluheni, L.C. Peter & S. Keshav. Sheriffs' Matters Committee: E.R. Barry (Chairperson), T. Tembe & P.F.D. Takalo. Small Claims Court Committee: S.N. Chetty (Chairperson), R.R. Badal, E.R. Barry, D. Fonseca & W.G.S. Shabalala. THE VARIOUS AD HOC COMMITTEES OF THE KZNLS COUNCIL:

Ad Hoc Complaints Committee No. 1: O.D. Hart & C.T.H. James. Ad Hoc Complaints Committee No. 2: A.H. Trikamjee & E.P.M. Radebe. Committee to consider Acting Judicial Appointments: M.A.A.S. Essa (Chairperson) & K. Govender (NADEL), C. Ngidi & M. Nxumalo (BLA), E.R. Barry, P. Sham, R.N. Scott & Mr S.A. Jazbhay (Independent). School for Legal Practice in Durban:

Executive Committee Members: Fahreen Kader (Director) R.R. Badal (NADEL) L.C. Peter (BLA) S.A. Jazbhay (Independent) Board of Control Members: S.A. Jazbhay & U. Jivan (Independent). R.R. Badal (NADEL). L.C. Peter (BLA).

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THE VARIOUS LIASON COMMITTEES OF THE KZNLS COUNCIL:

Advocates and Attorneys Liaison Committee:

Attorneys: M.A.A.S. Essa (Chairperson), P. Sham, U. Jivan, R.N. Scott & L.C. Peter.

Advocates: M.G. Roberts SC (PMBurg), A.M. Annandale & D. Pillay. Director - Ex-Officio S. Ramouthar (Director of Public Prosecutions – by invitation only) High Court Liaison Committees with Registrars: Durban: U. Jivan, V.R.D. O'Connell & M. Nxumalo. Pietermaritzburg: M.A.A.S. Essa & C. Pillay. Master's Office Liaison Committee in Insolvency/Trusts/Estates Matters:

Durban: E.A. Moolla (Chairperson), H. Goga & R.R. Badal & Durban Master.

Pietermaritzburg: M.E. Cajee, A.G. Jenkins, M.M. McCullough, S. Kunene, G.J. McLachlan, P.S. Hay & PMBurg Master. Media Liaison Committee: EXCO Property Law Liaison with Deeds Office Committee: D.S. Harrison, S. Dasrath, J.O. Christie, P.F.D. Takalo & Ravesh Padayachee. Provincial Efficiency Enhancement Committee: P. Govindasamy, M.A.A.S. Essa, L.C. Peter & U. Jivan. PANELS OF EXAMINERS:

Practice, Procedure and Bookkeeping: Durban: A.H. Trikamjee (Convenor), M.H.G. McKenna, V.S. Rajah, Madam Justice N.H. Radebe, G.A. Pentecost, Madam Justice M.B.S. Masipa, M.L. Pillay, S.R. Mhlanga & E.P.M. Radebe.

Pietermaritzburg: S.N. Chetty (Convenor), P. Govindasamy, M.I.A. Ganie, K.S. Chetty, M. Dorasamy, E.B. Zaca & P.N. Stilwell.

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Notaries: S. Dasrath (Convenor), M.P. Maphumulo, J.O. Christie, H. Goga, C.I. Speirs & M.A.L. Chitja. Conveyancers: K.K. Seegobin (Convenor), K. Gcolotela-Peter, R.R. Badal, N.N. Mgojo, J.O. Christie, H. Goga, D.S. Harrison, L.K.T. Mehta, S. Taljaard & N.N. Mabaso. COUNCIL MEETINGS: Attendances: Number of Meetings Attended:

Messrs: Present Out of Apologies

R.R. Badal 12 13 1 Leave of Absence E.R. Barry 10 13 3 Leave of Absence J.O. Christie 13 13 M.A.A.S. Essa 13 13 P. Govindasamy 13 13 S.A. Jazbhay 8 13 5 Leave of Absence U. Jivan 13 13 N.S. Khanyile-Kheswa 12 13 1 Leave of Absence G.J. McLachlan 11 13 2 Leave of Absence E.A. Moolla 13 13 U. Naicker 4 5 1 Leave of Absence M. Neluheni 12 13 1 Leave of Absence X. Ntshulana 3 8 5 Leave of Absence V.R.D. O'Connell 11 13 2 Leave of Absence L.C. Peter 13 13 C. Pillay 12 13 1 Leave of Absence R.N. Scott 10 13 3 Leave of Absence P. Sham 13 13 M. Strauss 11 13 2 Leave of Absence P.F.D. Takalo 13 13 E.B. Zaca 9 13 3 Leave of Absence & 1 Excused Alternates: R.F. Sobey 4 4 Independent

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STATISTICAL INFORMATION: 2017 2016 2015 2014 2013 Membership: Total 3,355 3,290 3,171 3,034 2,937 Pietermaritzburg 530 520 502 482 469 Durban 1,343 1,255 1,203 1,114 1,153 Country 1,472 1,496 1,445 1,409 1,294 Declared Members 10 19 21 29 21 Practising Firms: Total 1,893 1,824 1,774 1,703 1,677 Pietermaritzburg 236 232 219 211 196 Durban 796 729 704 652 667 Country 861 863 851 840 814 Subscriptions: R R R R R Pietermaritzburg & Durban 2,690 2,462 2,348 2,291 2,120 Country 2,690 2,462 2,348 2,166 1,995 Declared Members 2,211 1,699 1,641 1,585 1,414 Gross Income 25,591,349 21,373,200 18,016,166 17,285,944 14,127,156 Gross Expenditure 25,788,118 20,510,029 15,573,726 14,047,180 10,931,657 Surplus (Deficit) (196,769) 863,171 2,442,240 3,238,764 3,195,499

Capitation Levy to: Law Society of South Africa 1,291,140 1,284,255 1,144,180 1,115,680 1,053,360 Agency Fee: On interest received on behalf of Fidelity Fund 12,595,909 10,398,620 6,972,900 5,798,982 5,214,445 The above as % of gross income

49%

47%

39%

34%

37%

2017 2016 2015 2014 2013 Admissions during the year: Attorneys 378 308 306 301 274 Conveyancers 20 20 15 29 17 Notaries Public 8 11 12 8 6 Re-Admissions as Attorneys: 0 2 0 2 1

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2017 2016 2015 2014 2013 Candidate Attorneys: Total Articles/Contracts registered 484 497 469 393 416 Cessions registered 48 51 29 67 65 Articles cancelled (not terminated) 53 58 69 46 21

2017 2016 Attorneys from Other Provinces Enrolled in KZN: 29 27

Attorneys' Names Removed from Roll, at Own Request: 10 10 IN MEMORIUM: (The Society was advised of the passing away of the following practising attorneys since the 2016 AGM)

2016/02/19 Nkosinathi Magnificient Ndumo 2016/06/29 Manharlal Devjeebai Mistry 2016/09/26 Hermanus Stefanus Nel 2016/10/04 Loganathan Perumal 2016/10/06 Algenon Thiparese Khama 2016/10/28 Senzo Maxwell Dlamini 2016/11/16 Jacobus Johannes De Wet 2016/11/28 Bradley Lloyd Naidu 2017/01/01 Vikesh Gayanath Panday 2017/01/22 Rabindrachand Maharaj 2017/03/02 Proffesor Lindokuhle Mdletshe 2017/03/08 Frederik Beatrix Pretorius 2017/04/01 Luke Mthandwa Phungula 2017/04/03 Shaun Gilbert Hornby 2017/06/08 David Milligan Carlyle 2017/07/24 Jan Adriaan Venter 2017/07/27 Jotham Barnard Nkosi 2017/08/19 David Hercules Botha EXAMINATION RESULTS:

Practice, Procedure and Bookkeeping:

August 2016 Part 1 Part 2 Part 3 Part 4 Totals Entered 406 444 412 443 1705 Wrote 376 295 346 383 1400 Passed 315 333 308 286 1242

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February 2017 Part 1 Part 2 Part 3 Part 4 Entered 313 387 346 405 1451 Wrote 285 355 307 375 1322 Passed 245 261 239 271 1016

Conveyancing: September 2016 May 2017 Entered 149 141 290 Wrote 91 105 196 Passed 8 25 33

Notaries: October 2016 June 2017 Entered 58 59 117 Wrote 41 35 76 Passed 5 14 19 LIFE MEMBERSHIP AWARDS:

In terms of Rule 2.17 for the Attorneys’ Profession, the Council has awarded Life Membership to the following attorneys for 40 years of dedicated practice as members of the Society: (1) Mr Douglas Priestly Kent, admitted on 10 November 1971. (2) Mr Kumaraswamy Rajendra Moodley, admitted on 25 November 1972. (3) Mr Gregory Joseph Paola, admitted on 21 May 1973. (4) Mr Parick Newton Stilwell, admitted on 18 February 1974. (5) Mr John Martin Gowans, admitted on 15 September 1975. (6) Mr Craig John Carstens Poole, admitted on 29 November 1976. (7) Mr Willem Pretorius Coetzee, admitted on 7 March 1977. (8) Mr Ebrahim Aboobaker Moolla, admitted on 4 April 1977. (9) Mr Jacobus Gerhardus Swart, admitted on 16 May 1977. (10) Mr Patrick Allan Lander, admitted on 23 May 1977. (11) Mr Dudley Graeme Gifford, admitted on 30 May 1977. (12) Mr James Craig Jones, admitted on 5 June 1977.

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(13) Mr David Colin Shaw, admitted on 6 June 1977. (14) Mr Donald Murray White, admitted on 6 June 1977. (15) Mrs Meera Devi Chabilall, admitted on 13 June 1977. KZNLS PRIZES AWARDED TO UNIVERSITY STUDENTS:

The Council has awarded prizes for the best final-year law students for the year 2016 at the following Universities mentioned below: University of KwaZulu-Natal, Pietermaritzburg – Benjamin Mark Meadows. University of KwaZulu-Natal, Durban – Bronwyn Claire Gillespie. University of Zululand – Sikhulile Sithandiwe Zulu. AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION:

The Council has 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 Sole proprietor Friedman & Associates Justice Reichin Ramsamy Rajah Pillay Attorneys 2-3 Partners/Directors Booysen & Co. Inc. Askew Martin & Adrain Inc. Cajee Setsubi Chetty Inc. 4-6 Partners/Directors Larson Falconer Hassan Parsee Inc. Meumann White Randles Inc. 7-10 Partners/Directors Mooney Ford Attorneys Livingston Leandy Inc. J. Leslie Smith & Co. Inc. 11+ Partners/Directors Garlicke and Bousfield Inc. Strauss Daly Inc. Shepstone and Wylie Attorneys

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PRESIDENT'S ANNUAL REPORT FOR THE YEAR 15 OCTOBER 2016 TO 20 OCTOBER 2017

A. GENERAL INTRODUCTION It has been my honour to serve as the President of the society for the period 15 October 2016 to 20 October 2017. The position of President gave me the opportunity to serve both members of the Attorney’s profession and members of the public in their interactions with Attorneys and try to reach resolution of problems in the quickest possible way. The highlight of my term as President was addressing the Pan African Lawyers Union on 6 July 2017 in Durban, my home city, on Legal Practice Management. There were delegates from across the African continent, including the non-self-governing territory of Western Sahara, who attended this conference. I report below on important developments in the Attorneys profession that occurred during the year and will come into effect during 2018. LEGAL PRACTICE ACT Whilst the Legal Practice bill set out with the aim of joining the Attorneys and Advocates’ professions, the outcome in the Act was different and both professions continue to exist side-by-side. Both the professions remain separate and distinct with changes in respect of the Advocates’ professions. The National Forum anticipates that the Legal Practice Act will come into effect on 1 August 2018 and the Act introduces the concept of Advocates who will have Fidelity Fund Certificates and offer their services directly to the public and hence becoming our competitors in the marketplace.

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I suggest that Attorneys re-engineer their practices in order to be prepared for the new competition from Advocates before the Act comes into effect. The Legal Practise Act has already been promulgated and the code of conduct relating to both the Attorneys and Advocates professions was published on 10 February 2017 in Government Gazette number 40610. Number 35 of the code of conduct perhaps opens the way for attorneys to hold the title of senior counsel. Number 35 of the code states "Application for silk shall be dealt with in accordance with the procedure to be prescribed by the council". RULES FOR THE ATTORNEYS’ PROFESSION New rules governing the Attorneys profession came into effect on 1 March 2016 and are published in full on the society's website at www.lawsoc.co.za. ATTORNEYS FIDELITY FUND & ATTORNEYS INSURANCE INDEMNITY FUND It has been proposed by the Attorneys Fidelity Fund (AFF) that 10% of the interest accrued on money that has been invested in terms of section 78 (2A), by an Attorney on behalf of his client must be paid over to the fund from next year. The current situation regarding the above section is that all interest accrued on an investment of this nature is for the benefit of our clients. Since the interest that accrues monthly on all our trust accounts are now paid electronically on a monthly basis to the Attorneys Fidelity Fund, this new procedure should have had a positive effect on their income and the compounded interest that will accrue in respect of the billions of Rand that the AFF accumulates and invests for the benefit of the profession. A further development is that the AFF is planning to charge Attorneys premiums to cover the Fidelity insurance, which was previously enjoyed free once a Fidelity Fund Certificate was issued to members at the end of each calendar year for the New Year.

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After consideration of both the proposals above, I am against both the changes. The legal transactions handled by Attorneys on a daily basis increase not in accordance with the inflation rate of the Republic, but in accordance with the value of movable and immovable property transactions resulting in the Rand value of our client’s legal transactions increasing each year. The increased value of legal transactions conducted by both Attorneys and Advocates will therefore have a positive effect on the interest accrued from the trust accounts on the operating costs of the AFF. The AFF has billions of Rand which it currently controls, which money was acquired from the interest accrued on all our trust accounts and it is their responsibility to look at innovative and creative means to properly manage those billions for the benefit of the Attorneys profession who provided their start-up capital in the first place and to whom both the AFF and the AIIF owe their existence. The issuing of Fidelity Fund Certificates to Advocates having trust accounts from 1 August 2018 will also result in a new income stream for the AFF and the AIIF. Accordingly, I urge members to carefully consider the above proposed changes and to resist them. ATTORNEYS DEVELOPMENT FUND (ADF) The ADF was started in 2011 as a capital NPO to help newly established Attorneys start their own firms. A start-up grant by the ADF comprises of office furniture, computers, software and electronic equipment to the value of R 50,000, 00. This amount is repayable by the new Attorneys without interest being charged on the capital sum.

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THEFT OF MONEY FROM THE KZNLS During March 2017, the Financial Manager at the society uncovered theft of money from the society by a former employee who had resigned on 30 April 2015. Arising from the above discovery, the Council instructed a forensic auditor to undertake an audit for the entire duration that the former employee was at the society. The forensic auditor submitted an interim report to the Council on 9 April 2017, which report stated that as at that date, he had uncovered a theft in the sum of R 1,051,884,37. The final forensic report indicated that for the period 30 April 2009 to 30 April 2015, an amount of R 1,161,641, 81 has been misappropriated by our former employee. The society has lodged a claim with its insurers for the above sum and the claim is currently being assessed by our insurers. SUSPENSION OF THE DIRECTOR OF THE SOCIETY, MR GAVIN JOHN, PENDING A DISCIPLINARY ENQUIRY On 9 April 2017, the Council resolved to suspend the Director of the society with effect from 10 April 2017. The disciplinary enquiry was scheduled to take place on 12 September 2017, but it had to be adjourned on this date and a new date has been agreed upon by the legal representatives of the parties. Upon the disciplinary enquiry being finalised, the society will notify all its members of the outcome of the matter.

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SADC LAWYERS ASSOCIATION (SADCLA) The Society is a proud member of the SADCLA and continues to support and contribute to the efforts of the Association. The Society continues to pay the cost of the attendance of a significant delegation of Councillors to the Annual Conference, with 8 Councillors attending the 2017 Annual Conference held in Gaborone, Botswana. The 2018 Annual Conference and General Meeting will be held during August in Maputo, Mozambique. LIBRARY SERVICES The Council of the KwaZulu-Natal Law Society established the law library with the intention that it becomes a national resource for all Attorneys who practice in the Republic. To ensure that the intention of the Council is taken up by the Legal Practice Council and the nine Provincial Councils, we have proposed that a library committee be formed comprising representatives from each province to ensure that this important resource will continue to remain in existence in both Durban and Pietermaritzburg. The above suggestion has been accepted by the Law Society of South Africa and the national library committee will be formed before the end of this year. PROVINCIAL EFFICIENCY ENHANCEMENT COMMITTEE (PEEC) This initiative was started by the Chief Justice Mr Mogoeng Mogoeng to enable all stakeholders involved in the administration of justice to communicate with each other on a provincial and national basis with a view to improving the all-round efficiency of the justice system. If there are any issues that members required to be raised at this forum, then they should please address your concerns to the Director of the society who will take up those issues on a provincial level or national level.

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B. TRADE UNION FUNCTION Committees of Council meet regularly in an attempt to be pro-active regarding issues within their ambit of expertise and to take up issues brought to their attention by our members. A list of the Committees established by Council appears on our website and members are urged to contact the Chairperson or Committee members of any of the Committees in the event of them or their clients requiring assistance on a provincial or national level.

C. REGULATORY AFFAIRS: MISCONDUCT MATTERS The following is a report on matters dealt with by the Regulatory Affairs Department during the period 1 July 2016 to 30 June 2017 - 1. COMPLAINTS

In order to assist the Council in dealing with complaints relating to unprofessional conduct it has appointed: 10 Complaints Committees 2 Estates Complaints Committees 5 Trust Audit Reports Complaints Committees 5 Non-Response Complaints Committees 2 Judges Complaints Committees 1 Councillors Complaints Committee 2 Ad Hoc Complaints Committee New complaints files opened 1353 Miscellaneous complaints dealt with by the department 1235 Complaints referred to Complaints Committees: Dismissed 382 Fines imposed 265 (Totalling R2 599 000 of which R697 000 was

suspended) Reprimands imposed 6

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The following were the types of conduct for which members were found guilty of unprofessional conduct:-

(1) Failure to reply to complaints; 61 (2) Failure to lodge, or to lodge timeously, trust audit reports; 98 (3) Failure to respond where a duty to respond promptly; 1 (4) Failure to attend properly & expeditiously to clients' matters; 8 (5) Failure to exercise proper supervision over employees; 1 (6) Failure to administer a deceased estate properly &

expeditiously; 5 (7) Failure to carry out mandate; 1 (8) Failing to honour undertaking/agreement; 1 (9) Failure to attend to RAF matter properly; 1 (10) Overreaching; 3 (11) Allowed claim to prescribe; 2 (12) Misleading a Court; 1 (13) Failure to deal timeously with taxation of bill; 1 (14) Failed to effect transfer of an immovable property; 1 (15) Failure to pay over excess sum on AIIF; 1

2. ASSESSMENTS

8 Assessments of members’ accounts were conducted by the members of the society.

The following members of the society were appointed as assessors:- Mr R.F. Sobey; Mr V.R.H. Southey; Mr A. Naidoo; I Abraham : P Bahadur : M Y Baig : E R Barry : J Botha : P K Coetzee : D N C V De Freitas : S A E Fakrodeen : A Gounden : A Haripersad : S Keshav : H Munglee : G A Pentecost : C Pillay : R Ramdaw : R M Ramkhelawan : A B L Scott : A S Sibran : Mrs V. Sheik and R Stretch

3. ENQUIRIES

24 Enquiries were conducted and finalised.

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4. INSPECTIONS CONDUCTED AT ATTORNEYS’ OFFICES

I thank all members who accepted my nomination to represent the Society as inspectors and who endeavoured to complete their mandates in the quickest possible time. 52 Inspections were conducted and finalised.

5. STRIKE OFF APPLICATIONS

The following members were struck off the Roll of Attorneys by the High Court as at 31 August 2017: (1) Subashnie Moodley - Appealing the Decision (2) Nkosinathi Erasmus Myeza (3) Jayshree Baijnath (4) Loganathan Chetty (5) Faizal Dawood (6) Siyamukela Allington Ndaba (7) Joelyn Pearl Vengtas (8) Welcome Goodenough Singabakho Shabalala (9) Mthokozisi Mavundla (10) Kamathaven Govindasamy Reddy

There are 19 strike off applications pending.

6. SUSPENSIONS

The following members were suspended from practising as Attorneys:-

(1) Steven George Maritz (2) Sifisi Phillip Kunene (3) Marlini Pillay (4) Amos Zenzele Mchunu - Uplifted as at 18 November 2016 (5) Andile Maxwell Ngcongo - Uplifted as at 2 December 2016 (6) Feroza Husman (7) Kevin Dass (8) Nokwazi Cebile Nkosi (9) Sganeko Lulama Jason Ndumndum - Uplifted as at 2 June 2017 (10) Nkululeko Brightman Mbambo - Uplifted as at 28 April 2017

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(11) Samendran Pillay - Uplifted as at 28 April 2017 (12) Claudia Susan Garella - pending a strike-off (13) Anisa Soobrathi - Uplifted as at 22 May 2017 (14) Mzomkhulu Daniel Mkhize - Uplifted as at 19 June 2017 (15) Bhekumusa Gordon Dlamini (16) Sharren Bhagwandin (17) Vumani Brilliant Mthembu - Uplifted as at 31 May 2017 (18) Arisha Govender - Uplifted as at 29 May 2017 (19) Joshilla Jaiswar Singh - Uplifted as at 29 May 2017 (20) Siphamandla Perceival Hadebe - pending a strike-off (21) Mzolisi Zakuza (22) Samantha Sewpal (23) Neesha Ramgoolam (24) Rupasha Rampersad

There are 35 suspensions pending.

7. CURATOR BONIS APPLICATIONS

In the following instances the Society has made applications to the High Court to be appointed as Curator Bonis to take control of clients' files and trust accounting records where the members had either abandoned their practices or where they died and no arrangements had been made for the take over of their practices:-

(1) Late Mr Z M Shabalala (2) Late Mr A Singh (3) Late Mr S M Dlamini (4) Late Mr F B Pretorius (5) Late Mr B L Naidu (6) Late Mr P L Mdletshe (7) Late Mr S H Nxumalo (8) Late Mr W Lentink (9) Late Mr L Perumal

INTERDICT ON TRUST ACCOUNT (1) Alim Akburally (2) Rabiah Motala (Order interdicting and restraining Ms Motala from

practising for her own account)

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8. PANEL OF ATTORNEYS

The followings firms were appointed as the Society's panel of Attorneys to attend to all aspects relating to the Society's litigious work which includes inter alia strike off applications, suspension applications and curator bonis appointments:-

Siva Chetty & Co. Venns Attorneys Ganie & Co. Kunene Attorneys Anand-Nepaul Attorneys

Seethal Attorneys, M H Mathonsi & Associates, Harkoo Brijlal & Reddy Inc. and Ugeeta Pala & Associates were appointed to recover outstanding debt due to the Society, e.g. fines, subscriptions and court application costs.

D. APPRECIATION Thank you to my peers for voting for me to become a councillor and my fellow independent councillors for voting for me to become the President of the society for the penultimate year of its existence. I was introduced to the concept of law, justice and political history as a teenager after having read the autobiography of Mohandas Karamchand Gandhi subtitled "The story of my experiments with truth". After having read the book I was determined to pursue a career in law and my experiences as an Attorney has been both fulfilling and rewarding. Political history continues to remain one of my favourite interests. My special thanks to our keynote speaker, Deputy Chief Justice Raymond Mlungisi Zondo of the Constitutional Court of South Africa, as well as Professor Timothy Noakes of the University of Cape Town (Division of Exercise Science and Sports Medicine), Dr Hemant Ranji Nowbath (Specialist Psychiatrist at the Mount Edgecombe and Umhlanga Hospitals) and Mr Brendan Hughes (Attorney and Company Director of Infology).

I thank my fellow councillors for their confidence and determination in dealing with the very serious issues that we were confronted with during my tenure. I thank the staff and managers of the society for their co-operation and availability whenever I called for their assistance.

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