KwaZulu-Natal Law Society

Transcription

1 KwaZulu-Natal Law Society OFFICE OF THE ACTING DIRECTOR YOUR REF : OUR REF : 11/11/06 Please Quote Our Reference 22 December ST Floor, 200 Hoosen Haffejee Street P.O. BOX 1454 PIETERMARITZBURG 3200 FAX: (033) DX: 25 TELEPHONE: (033) info@lawsoc.co.za Website: Dear Member CIRCULAR 11/2006 ALL PRACTISING MEMBERS OF THE SOCIETY 1. REVISED INTRA-PROVINCIAL GUIDELINES BETWEEN PRACTITIONERS IN KWAZULU-NATAL: CONVENTIONAL DEEDS AND SECTIONAL TITLES Enclosed is a copy of the revised Intra-provincial Guidelines between practitioners in KwaZulu-Natal in respect of conventional deeds and sectional titles, which replaces the Guidelines, referred to members via Circular 4 of The instructed conveyancers will be entitled to assume (unless informed otherwise by those instructing them) that the new Guidelines apply to all matters in which they receive their instructions on or after 1 January Ref. DIR 15/2 2. HIGH COURT MATTERS 2.1 HIGH COURT COMMITTEE MEETING HELD ON 6 DECEMBER 2006 At the above-mentioned meeting it was decided that members' attention be drawn to The practice directives which they must familiarise themselves with if they are to appear in the High Court. The fact that some members are using an outdated precedent for a High Court Summons and those members must use the current format.

2 CIRCULAR 11/2006 Page NOTICE TO ATTORNEYS AND ADVOCATES IN RESPECT OF FILING OF HEADS OF ARGUMENT FOR OPPOSED MOTIONS: DURBAN AND COAST LOCAL DIVISION The Registrar of the High Court of the Durban and Coast Local Division advised that the Registrar s Office is experiencing numerous problems in respect of filing of Heads of Argument for Opposed Motions. As of 2 January 2007, all Heads of Argument in respect of Opposed Motions must have the date of set down indicated on the top right hand corner of the pleading. Failure to comply with this requirement will mean that the Court will not accept the document until the Advocates or Attorneys furnish such information. The requirement applies to all documents lodged. Ref. DIR 29/30 3. WITHDRAWAL OF ATTACHMENTS RELATING TO FIXED PROPERTY IN THE VARIOUS DEEDS REGISTRIES IN THE REPUBLIC OF SOUTH AFRICA Enclosed is a copy of the Newsletter dated 25 October 2006, which the S.A. Institute for Sheriffs forwarded to all Sheriffs in the Republic of South Africa, for information. Ref. DIR 81/8 4. INTERNATIONAL PRACTICE DIPLOMA PROGRAMME Mr Francis Neate, International Bar Association (IBA) President, requested the Society at the Southern Africa Developing Countries Lawyers Association Annual Conference on 24 November 2006 to convey details of the diploma programme to members. The IBA and The College of Law of England and Wales offer the programme. Ten diplomas are offered in international business organisations, mergers and acquisitions, competition law, commercial law, joint ventures, intellectual property law, capital markets and loans and arbitration as well as human rights law and practice and human rights and criminal procedure.

3 CIRCULAR 11/2006 Page 3 Each diploma runs for approximately six months. The 2007 diplomas commence on 22 January and 23 July. Application forms must respectively be submitted by 2 January and 2 July. The cost is 500 per diploma. Discount is offered for 2 nd or subsequent diplomas and a limited number of scholarships are available. Full details are available at: Ref. DIR 98/5 5. CHIEF MASTER'S DIRECTIVE 3 OF 2006: APPOINTMENT OF EXECUTORS AND/OR MASTER'S REPRESENTATIVES IN DECEASED ESTATES BY THE MASTER Attached is a copy of the Chief Master's Directive, for information. Ref. DIR 47/4/2 6. MISCONDUCT OF MEMBERS The schedule of disciplinary action which has been taken against certain members, appear below for information: 1. MS J BECKMAN (FORMERLY OF JACOBS & PARTNERS) (DURBAN) Ms Beckman was fined R5 000,00 for, in attending to the transfer of a sectional title unit, having signed the conveyancer s certificate certifying that all monies due to the Body Corporate had been paid or that provision had been made to the satisfaction of the Body Corporate for the payment of such monies when there were still monies due to the Body Corporate. R2 000,00 of the fine was suspended for a period of 3 years. 2. MR A P GROVE (HAVEMANN FERGUSON) (SCOTTBURGH) On 18 August 2006 the High Court ordered that Mr Grove be suspended from practising as an attorney because of his failure to lodge an unqualified 2005 Audit Report.

4 CIRCULAR 11/2006 Page 4 3. MR C B MCHUNU (C B MCHUNU & PARTNERS) (DURBAN) On 29 August 2006 the High Court ordered that Mr Mchunu be suspended from practising as an attorney because of his failure to lodge his 2005 Audit Report. 4. MR S R NDLOVU (FORMERLY OF DURBAN JUSTICE CENTRE) (DURBAN) At an enquiry Mr Ndlovu, who had been employed by the Durban Justice Centre and who is now deceased, was found guilty of having misled his accused client to believe that he was an attorney in private practice and of having received payment from his client as fees when he was not entitled to receive such payment. He was fined R10 000,00 the payment of which was suspended for a period of three years subject to the condition that he repaid R6 500,00 to his client and was not found guilty of similar misconduct during a three year period. He was also ordered to pay the enquiry costs. 5. MR C J ROELOFFSE (FORMERLY OF ACUTT & WORTHINGTON) (DUNDEE) In terms of a High Court Order dated 18 August 2006 Mr Roeloffse s name was struck off the roll of attorneys. The strike off arose out of an inspection, which had been conducted which revealed that Mr Roeloffse knew of, and participated in, irregularities in debt collections on behalf of certain debt collections firms. Such irregularities comprised inflation of costs and interest and colluding with the debt collectors to enrich themselves at the cost of debtors. 6. MR S K BANBAAR (STRINI BANGAAR ATTORNEYS) (DURBAN) Mr Bangaar was in terms of a High Court Order dated 15 September 2006 suspended from practising as an attorney because of his failure to lodge an unqualified 2005 Audit Report and a 2006 Audit Report. The suspension was uplifted on 23 November MR A J L GEYSER (GEYSER DU TOIT LOUW & KITCHING) (PIETERMARITZBURG) Mr Geyser pleaded guilty in a criminal case to having contravened Section 424 of the Companies Act in that as a director of Tigon (Ltd) and Shawcell Telecommunications he had been grossly negligent. Arising out of that conviction he had been found guilty of unprofessional conduct in that -

5 CIRCULAR 11/2006 Page 5 (1) As a Director of the companies he had been required to act consistently with his fiduciary duties to the companies and the shareholders and with the required skill and care, (2) He had breached his duties as an Officer of the Court and acted in a manner, which fell short of the standards required of an attorney. Furthermore as a senior practising attorney he ought to have discharged his duties as a director of Tigon and Shawcell strictly in accordance with the law but did not do so, and he did not report the irregularities to the police, or the appropriate authorities, when there was a duty on him to have done so, (3) As such he had contravened Ruling 7(5) of the Council s Rulings in that by having engaged in other business he failed to maintain the honour and dignity of the profession and had not abstained from behaviour, which would bring discredit to the profession of an attorney, and was fined R MR R H ROOPNARAIN (R H ROOPNARAIN & ASSOCIATES) (RICHARDS BAY) Mr Roopnarain was in terms of a High Court Order dated 15 September 2006 suspended from practising as an attorney because of his failure to lodge his 2005 Audit Report. 9. MS N S PARUK (SUSPENDED ATTORNEY) Ms Paruk s name was struck off the roll of attorneys in terms of a High Court Order dated 29 September 2006 because she had, inter alia, continued to hold herself out as an attorney notwithstanding a previous Order that she be suspended from practising as an attorney for a period of three years. This Circular is issued on behalf of the Council. Encl. G.M. JOHN ACTING DIRECTOR