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 2008 to 30th June 2009

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To be presented at the

ANNUAL GENERAL MEETING

of the Society to be held at

COAST OF DREAMS, DURBAN EXHIBITION CENTRE

DURBAN

On

Thursday, 22 October 2009

At 14:00

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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

Curator Department Fax: (033) 345-1311 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

Manager: Business Development: busdevelopment@lawsoc.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 Practice Support Officer: practicemanagement@lawsoc.co.za

and practicesupport@lawsoc.co.za R.A.S.S.: auditreform@lawsoc.co.za

and rass@lawsoc.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 Manager: Business Development: 086-500-8236

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

Records: 086-500-5744 Rule 21A: 086-500-6218 Accounts: 086-644-3881 Admissions: 086-500-7857

R.A.S.S. Durban: 086-500-9079 Curator: 086-646-5598

THE KZNLS AUDITORS

Business Account Audit: LMD Africa Chartered Accountants

Curator and Trust Accounts Audit:

Roshan Morar & Associates

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MEMBERS OF THE KZNLS COUNCIL:

E.R. BARRY, President (Port Shepstone) L.K.T. MEHTA, Vice-President (Durban)

M.S.O. NXASANA, Vice-President (Durban) P. SHAM, Vice-President (Stanger)

R.R. BADAL, Verulam J.O. CHRISTIE, Pietermaritzburg

S.L. COLLIER, Durban L. ELLISON, Durban

M.A.A.S. ESSA, Pietermaritzburg P. GOVINDASAMY, Pietermaritzburg

D.H. GUSH, Pietermaritzburg P.S. HAY, Pietermaritzburg

B.J.H. IRVING, Durban S.A. JAZBHAY, Durban

Y.T. MBATHA, Newcastle E.A. MOOLLA, Chatsworth

E.M. NGUBANE, Durban X. NTSHULANA, Port Shepstone

S. KUNENE, Pietermaritzburg E.B. ZACA, Pietermaritzburg

DIRECTOR G.M. JOHN

MANAGER: REGULATORY AFFAIRS

A.C. REES

ASSISTANT MANAGER: REGULATORY AFFAIRS R. SINGH

MANAGER: BUSINESS DEVELOPMENT

P. MFUSI

PRACTISE SUPPORT OFFICER C. NAIDOO

MANAGER: FINANCE

Z. MSOMI

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THE KZNLS MEMBERS WHO SIT ON THE COUNCIL OF THE LAW SOCIETY OF SOUTH AFRICA: E.R. Barry (President – Ex Officio) P. Sham (MANCO) (non-BLA/NADEL) THE KZNLS MEMBERS WHO SIT ON STANDING COMMITTEES OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): Alternative Dispute Resolution - R.D. Haslop (Durban) Joint Committee of Attorneys - M.I.A. Ganie (PMBurg)(Chairperson) and Accountants - M.A.A.S. Essa (Pietermaritzburg)

- G.M. John (Director) - P. Mfusi (KZN Manager: Business Development) - Z. Msomi (KZN Manager: Finance)

Communication Committee - G.M. John (KZN Director) Company Matters - P.S. Hay (Pietermaritzburg) Competition - M.E. Mbhele (Pinetown) Constitutional Affairs & - S.A. Jazbhay (Durban) Human Rights - X. Ntshulana (Port Shepstone) Contingency Fees Committee - P. Govindasamy (Pietermaritzburg) Costs Committee - M.A.A.S. Essa (Pietermaritzburg) Criminal Procedure - E.B. Zaca (Pietermaritzburg) Deceased Estates, Trusts - H. Goga (Durban)(Chairperson) & Planning - P.S. Hay (Pietermaritzburg - M.I.A. Ganie (Pietermaritzburg) E-Commerce - G.J.McLachlan (PMBurg)(Chairperson) - P. Shembe (Durban) - C.M. Sardiwalla (Durban)

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Environmental Affairs - N.L. Brauteseth (Durban) - K. Krishna (Durban) - I. Lax (Pietermaritzburg) - B. Ndamase (Durban) Ethics - K. Govender (Durban)(Chairperson) - B.J.H. Irving (Durban) Examinations - I. Lax (Pietermaritzburg)

- A.H. Trikamjee (Durban) Exchange Control & Tax Matters - M.I.A. Ganie (Pietermaritzburg) - R. Khan (Dundee) Family Law - S.W. Abro (Durban)(Chairperson)

- J.H. Fobb (Durban) Financial Intelligence Centre Act - N. Dwarika (Durban) - S.A. Jazbhay (Durban) Foreign Qualifications - T.P. Poyo-Dlwati (Pietermaritzburg) GATS - E.M. Ngubane (Durban)

- M.I.A. Ganie (Pietermaritzburg) - K. Govender (Durban)

Gender Equality - T. P. Poyo Dlwati (Pietermartizburg) High Court Matters - C.M. Sardiwalla (Durban)

- M.A.A.S. Essa (Pietermaritzburg) - J. Wills (Pietermaritzburg) - E.B. Zaca (Pietermaritzburg)

Immigration & Refugee Law - S. Lockhat (Durban) Insolvency & Liquidation Matters - Y.T. Mbatha (Newcastle)(Chairperson) - E.A. Moolla (Chatsworth) Intellectual Property - M.M.S. Nxumalo (Durban) - Y.T. Mbatha (Newcastle)

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Labour Law - P.R Hobden (Pietermaritzburg)(Chairperson) - N.S. Khanyile-Kheswa (Durban) - X. Ntshulana (Port Shepstone) - P.O. Jafta (Durban)

Legal Aid - N.E. Memka (Pietermaritzburg)(Chairperson) - E.A. Moolla (Chatsworth)

- P. Shembe (Durban) Legal Provident Fund - G.M. John (KZN Director) Legal Education - Z.K. Seedat (Durban)

- A.H. Trikamjee (Durban) - R.R. Badal (Verulam) - L.K.T. Mehta (Durban) - M.S.O. Nxasana (Durban)

Liquor Matters - N.S. Khanyile-Kheswa (Durban) - B. Kruger (Greytown) Magistrates' Court Committee - T.A. Tembe (Durban)

- S.D. Moloi (Durban) - P. Thejpal (Pietermaritzburg) - P. Sham (Stanger)

Practice Development - D.H. Gush (Pietermaritzburg)(Chairperson) - P. Sham (Stanger) - E.M. Ngubane (Durban) - P. Mfusi (KZN Manager: Business Development) - C. Naidoo (KZN Practice Support Officer) Pro Bono Committee - P. Govindasamy (Pietermaritzburg)

- D.H. Gush (Pietermaritzburg) Property Law - A.G. Hartley (Pietermaritzburg)

- H. Goga (Durban) - T.P. Poyo Dlwati (Pietermaritzburg) - K.G. Mustard (Pinetown) - J.O. Christie (Pietermaritzburg)

RAF Committee - P. Govindasamy (Pietermaritzburg)

- S.W. Abro (Durban) - M.S.O. Nxasana (Durban)

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SASSETA Committee - D.H. Gush (Pietermaritzburg)(Chairperson) - P. Mfusi (KZN Manager: Business Development) - C. Naidoo (KZN Practice Support Officer) Small Claims Court - S.N. Chetty (Pietermaritzburg) - S. Kunene (Pietermaritzburg) THE KZNLS MEMBERS WHO SIT ON THE GOVERNANCE COMMITTEES OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): De Rebus Editorial Committee - K. Govender (Durban)(Chairperson) Finance & Audit Committee - A.H. Trikamjee (Durban)(Chairperson) Management Committee - T.P. Poyo Dlwati (Pietermaritzburg)(Co-Chair) - P. Sham (Stanger) THE KZNLS MEMBERS WHO SIT ON THE COMMITTEES OF THE ATTORNEYS FIDELITY FUND: BOARD OF CONTROL MEMBERS: Executive Committee Member: R.R. Badal. Board of Control Members: E.R. Barry (President – Ex Officio) (non-BLA/NADEL) N.S. Khanyile-Kheswa (alt. M.S.O. Nxasana) (BLA) R.R. Badal (NADEL) D.H. Gush (alt. B.J.H. Irving & S.A. Jazbhay) (non-BLA/NADEL) THE KZNLS MEMBERS WHO SIT ON THE COMMITTEES OF THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: Audit, Risk & Compliance Committee: E.A. Moolla (independent specialist member) & N.S. Khanyile-Kheswa.

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Board of Directors: Attorneys’ Insurance Indemnity Fund: E.A. Moolla & A. Tate. Equity Committee: E.A. Moolla (Chairperson) & D.H. Gush. Finance Committee: P. Sham (Chairperson). Grants to Universities: Z.K. Seedat & M.S.O. Nxasana. Investment Committee: M.I.A. Ganie (Chairperson), E.A. Moolla & E.M. Ngubane. Joint Oversight Committee: P Sham (Chairperson - AFF Finance Committee) & A. Trikamjee (Chair – LSSA Finance Committee). Remuneration Committee: A. Tate. Treasury Committee: E.A. Moolla (Chairperson) & M.I.A. Ganie. THE VARIOUS STANDING COMMITTEES OF THE KZNLS COUNCIL:

Executive Committee: E.R. Barry (non-NADEL/BLA) (President) L.K.T. Mehta (NADEL) (Vice-President) M.S.O. Nxasana (BLA) (Vice-President) P. Sham (non-NADEL/BLA) (Vice-President) KZNLS COMPLAINTS COMMITTEES: Audit Reports Complaints Committee No. 1: P. Govindasamy (Chairperson), J.O. Christie & E.B. Zaca. Audit Reports Complaints Committee No. 2: M.A.A.S. Essa (Chairperson), D.H. Gush & E.B. Zaca.

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Complaints Committee No. 1: X. Ntshulana (Chairperson), P.C. Preston & L. Seethal. Complaints Committee No. 2: Y.T. Mbatha (Chairperson), L.K.T. Mehta & P.S. Hay. Complaints Committee No. 3: E.M. Ngubane (Chairperson), S.A. Jazbhay & B.J.H. Irving. Complaints Committee No. 4: L. Ellison (Chairperson), G. Munien & M.S.O. Nxasana. Complaints Committee No. 5: D.H. Gush (Chairperson), P. Sham & J.O. Christie. Complaints Committee No. 6: R.R. Badal (Chairperson), S.L. Collier & P. Pundit. Complaints Committee No. 7: M.A.A.S. Essa (Chairperson), E.B. Zaca & S.D. Meersingh. Complaints Committee No. 8: P. Govindasamy (Chairperson), R.A. Stuart-Hill (replaced by John White) & S. Kunene. Estates Complaints Committee: E.A. Moolla (Chairperson), A.G. Jenkins, L.K.T. Mehta, M. McCullough & H. Goga. Non-Response Complaints Committee No. 1: M.A.A.S. Essa (Chairperson), E.B. Zaca & P.S. Hay. Non-Response Complaints Committee No. 2: D.H. Gush (Chairperson), P. Govindasamy & S. Kunene. Special Complaints Committee (Complaints about Councillors' Conduct): M.I.A. Ganie (Chairperson), O.D. Hart & T.A. Ngxingweni. KZNLS STANDING COMMITTEES:

Assessment Committee: Primary Member: M.A.A.S. Essa Alternate Member: L.K.T. Mehta

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Attorneys' Association Affairs Committee: J.O. Christie (Chairperson), A.G. Jenkins, P. Govindasamy, I. Lax & M.H. Shangase. Company, Tax and Commercial Committee: B.J.H. Irving (Chairperson), D.L. Levin, N.E. Memka, R. Naidoo (Rajan) & M. Schubert. Contingency Fees Committee: P. Govindasamy (Chairperson), Y.T. Mbatha, D.H. Gush & R.R. Badal. Criminal Law and Procedure Committee: X. Ntshulana (Chairperson), M.B. Gumede, R.M. Ramkhelawan, N.E. Memka, E.B. Zaca, J. Reddy & J. Anthoo. Environmental Affairs Committee: I. Lax (Chairperson), S.L. Collier, N.L. Brauteseth, M.S.O. Nxasana, K. Krishna, B. Ndamase & M.C. Brouckaert. Examining Committee: P. Govindasamy (Chairperson), R.R. Badal, J.O. Christie, M.A.A.S. Essa, D.H. Gush, P.S. Hay, S. Kunene, L.K.T. Mehta, P. Sham & E.B. Zaca. Family Law Committee: S.A. Jazbhay (Chairperson), J.H. Fobb, S.W. Abro, M.O.R. Meiring, C. Pillay, N.H. Radebe, D.L. Wybrow, T. Khan & A. Singh (Ashika). Finance Committee: D.H. Gush (Chairperson), R.R. Badal, J.O. Christie, M.A.A.S. Essa, P. Govindasamy, P.S. Hay, S. Kunene, L.K.T. Mehta, P. Sham & E.B. Zaca. Financial Assistance Committee: V. Dhanjee (Chairperson)(SLP, Dbn), L.R.C. O'Meara, Prof M. Carnelley (LEAD, PMBurg), L. Mofokeng (LEAD, Dbn) & P. Mfusi (M:BD). Gender Committee: Y.B. Mbatha (Chairperson), D.H. Gush, S.L. Collier, A. Sewpersad, K. Govender (Krish), Z.K. Seedat, J.A. Russell Maharaj, A. Singh (Ashika), C. Pillay (Charmane), T.P. Poyo-Dlwati & X.N.K. Vabaza. High Court Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, S.C. Dlomo, B.J.H. Irving, G.L. Mazibuko, J. Wills, E.A. Moolla, R. Naidoo (Rajan), R. Punchoo, C.M. Sardiwalla, P Sham, G.L. Seethal, Y.T. Mbatha & Justice G.N. Kruger (representing the JP).

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Human Resources Committee: P. Govindasamy (Chairperson), Y.T. Mbatha (alt. E.M. Ngubane), E.B. Zaca, X. Ntshulana & E.R. Barry (President – Ex Officio). Human Rights & Constitutional Development Committee: R.R. Badal (Chairperson), S.A. Jazbhay, A. Kallideen, X. Ntshulana, A.C. Badal, J.A. Russell Maharaj & T.A. Ngxingweni. Information Technology Committee: G.J. McLachlan (Chairperson), T.A. Tembe, G.M. John (Director), K. Basson (I.T. Administrator) & M. Bruce (Website Administrator). Labour Law Committee: P.R. Hobden (Chairperson), D.M. Farrell, A.N. Goolabjith, R. Haslop, V. Jafta, I.B.W. Lawrence, J.D. Vedan, X. Ntshulana, Jay Reddy & A. Sewpersad (Asha). Legal Aid Committee: E.A. Moolla (Chairperson), M.B. Gumede, R.R. Badal, Y.T. Mbatha, D. Naidoo (Deshan), P. Sham, M.S.O. Nxasana, M.H. Shangase & N.E. Memka. Legal Education Committee: P. Govindasamy (Chairperson), M.S.O. Nxasana, K.M. Chetty, Z.K. Seedat, S.N Chetty, L.K.T. Mehta & R.R. Badal. Library Committee: M.A.A.S. Essa (Chairperson), G.J. McLachlan, D.H. Gush, T. Moodley, R.B. Donachie, E.A. Moolla, P. Sham, G.M. John (Director), T. Ngcobo & T. Nzimande (PMBurg Librarians), R. Woodhaymal & M. Makhanya (Durban Librarians). Magistrates' Court Committee: L. Ellison (Chairperson), A. Haripersad, R. Bandulal, S. Singh (Surendra), R.H. Whitehorn, P.L. Singh, S. Kunene, P. Sham, J. Pakkies & T.A. Tembe. Member Relations Committee: B.J.H. Irving (Chairperson), X. Ntshulana, S. Kunene, E.A. Moolla, E.M. Ngubane, E.R. Barry, D.H. Gush & R.R. Badal. Notarial Committee: E.M. Ngubane (Chairperson), K.R. Moodley, A. Tate, M.D. Mistry & J.O. Christie. Practice Support Committee: D.H. Gush (Chairperson), B.A. Mbili, M.I.A. Ganie, E.A. Moolla, X. Ntshulana, H. Munglee, P. Sham, P. Mfusi (M:BD - Ex Officio) & C. Naidoo (PSO – Ex Officio).

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Pro Bono Committee: P. Govindasamy (Chairperson), D.H. Gush, J.A. Russell Maharaj, R.R. Badal, B.E. Glennie, J.A. Appel, P.R. Hoben & P. Mfusi (M:BD – Ex Officio). Property Law Committee: K.K. Seegobin-Desai (Chairperson), T.P. Poyo Dlwati, R.R. Badal, M.Y. Baig, A.G. Hartley, H. Goga, K. Gcolotela-Peter, R.S. Green, Z.K. Seedat, A. Tate, K.G. Mustard, J.O. Christie & G.F. Phillips. Public Law and Local Government Committee: X. Ntshulana (Chairperson), M. Potgieter, M. Francis, M.G. Hands, & R.A.S. Patel. RAF Committee: P. Govindasamy (Chairperson), S.W. Abro, K.A. Cohen, M.H. Friedman, M.S.O. Nxasana, V.S. Rajah & N.S. Khanyile-Kheswa. Rules & Ethics Committee: R.R. Badal (Chairperson), X. Ntshulana, T.P. Poyo-Dlwati, E.A. Moolla, M.S.O. Nxasana, L.K.T. Mehta, P. Sham, D.H. Gush & D.H.F. Vercuil. Sheriffs' Matters Committee: E.R. Barry (Chairperson). E.A. Jadwat, .B.S. Laing & D. Naidoo (Deshan). Small Claims Court Committee: S.N. Chetty (Chairperson), D. Fonseca, E.R. Barry, S.A. Mdledle, A.S. Sibran & R.R. Badal. THE VARIOUS AD HOC COMMITTEES OF THE KZNLS COUNCIL: Conveyancing Anti-Touting Committee: R.R. Badal (Chairperson), M.S. Msomi, K.G. Mustard, C.L.D. Petit, R.G. Wynne, P. Sham, R.S. Green (Consultant) & G.F. Phillips. Database Committee: D.H. Gush, M.A.A.S. Essa & G.J. McLachlan. Professional Committee, Northern Natal: Allocations of Legal Aid Appointments in Criminal Matters in the High Court: Y.T. Mbatha (Chairperson), R.A. Khan, R.A.S. Patel & T.J. Mphela.

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Professional Committee, Pietermaritzburg: Allocations of Legal Aid Appointments in Criminal Matters in the High Court: Advocates: P.C. Bezuidenhout, Y.N. Moodley SC & R. Seegobin Attorneys: P.K. Coetzee, A.A. Pillay & P. Marimuthu. Professional Committee, South Coast: Allocations of Legal Aid Appointments in Criminal Matters in the High Court: E.R. Barry & X. Ntshulana. Provincial Integrated Justice System Committee E.B. Zaca & M.B. Gumede. Reform Audit Support System (R.A.S.S.) Committee: D.H. Gush (Chairperson), M.I.A. Ganie, L.K.T. Mehta, E.A. Moolla, R.R. Badal, G.M. John (Director), P. Mfusi (M:BD) & S. Dayanand (Acting Manager: R.A.S.S.). School for Legal Practice in Durban: Executive Committee Members: V. Dhanjee (Director) Z.K. Seedat (Chairperson)(NADEL) E.A. Moolla (non-BLA/NADEL). Board of Control Members: S.A. Jazbhay, S.L. Collier & L. Ellison (non-NADEL/BLA). K. Govender (NADEL). N.B.V. Ngcobo & T.P. Mapipa-Ndlovu (BLA). THE VARIOUS LIASON COMMITTEES OF THE KZNLS COUNCIL: Advocates and Attorneys Liaison Committee: Attorneys: M.A.A.S. Essa (Chairperson), P. Sham & P.B. Bhengu (alt R.R. Badal). Advocates: A.M. Annandale, R.B.G. Choudree SC, A.D. Collingwood & J.F. Nicholson. G.M. John (Director - Ex-Officio), and the Director of Public Prosecutions S. Batohi, by invitation only.

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High Court Liaison Committees with Registrars:

Durban: R.R. Badal & G.L. Mazibuko

Pietermaritzburg: M.A.A.S. Essa & J. Wills Master's Office Liaison Committee: Durban: E.A. Moolla (Chairperson), S.A. Jazbhay, L.K.T. Mehta, H. Goga & R.R. Badal.

Pietermaritzburg: S. Keshav, O.A. Lakhi, M.E. Cajee, Y.T. Mbatha, A.G. Jenkins & M. McCullough. Media Liaison Committee: E.R. Barry (South Coast) (President – Ex Officio) (Chairperson) Y.T. Mbatha (Northern Natal) D.H. Gush & S. Kunene (Pietermaritzburg) E.A. Moolla, L.K.T. Mehta & S.L. Collier (Durban) Property Law Liaison with Deeds Office Committee: D.S. Harrison. Transformation Committee: E.R. Barry, L.K.T. Mehta, M.S.O. Nxasana, P. Sham, E.A. Moolla, S.A. Jazbhay, D.P. David, E.M. Ngubane, Y.T. Mbatha & B.J.H. Irving. PANELS OF EXAMINERS: Practice, Procedure and Bookkeeping:

Durban: A.H. Trikamjee (Convenor), J.D. Letty, M.H.G. McKenna, V.S. Rajah, N.H. Radebe, L. Ellison, S.C. Dlomo & R.M. Nzimande. Pietermaritzburg: S.N. Chetty (Convenor), P.N. Stilwell, D.H. Gush, P. Govindasamy, M.I.A. Ganie, K.S. Chetty & T.P. Poyo-Dlwati.

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Notaries: K.K. Seegobin-Desai (Convenor), S. Dasrath, A. Tate, M.P. Maphumulo, E.M. Ngubane & J.O. Christie. Conveyancers: Z.K. Seedat (Convenor), K.K. Seegobin-Desai, A. Tate, K. Gcolotela-Peter, R.R. Badal, N.N. Mgojo, H. Goga, D.S. Harrison, J.O. Christie & R.G. Wynne. COUNCIL MEETINGS: Attendances: Number of Meetings Attended:

Messrs: Present Out of Apologies

R.R. Badal 12 12 E.R. Barry 11 12 1 Leave of Absence J.O. Christie 8 8 S.L. Collier 9 12 3 Leave of Absence L. Ellison 11 12 1 Leave of Absence M.A.A.S. Essa 12 12 D. Fonseca 3 4 1 Leave of Absence P. Govindasamy 10 12 2 Leave of Absence D.H. Gush 12 12 P.S. Hay 8 8 B.J.H. Irving 8 8 S.A. Jazbhay 9 12 3 Leave of Absence A.G. Jenkins 2 4 2 Leave of Absence S. Kunene 7 8 1 Leave of Absence Y.T. Mbatha 9 12 2 Leave of Absence 1 Excused L.K.T. Mehta 12 12 E.A. Moolla 11 12 1 Leave of Absence E.M. Ngubane 10 12 2 Leave of Absence X. Ntshulana 5 12 4 Leave of Absence 3 Excused M.S.O. Nxasana 6 12 6 Leave of Absence M. Potgieter 2 4 2 Leave of Absence T.P. Poyo Dlwati 4 4 P. Sham 12 12 E.B. Zaca 9 12 3 Leave of Absence

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STATISTICAL INFORMATION: 2009 2008 2007 2006 2005 Membership: Total 2,748 2,597 2,597 2,470 2,357 Pietermaritzburg 442 404 393 390 366 Durban 1,185 1,181 1,149 1,131 1,102 Country 1,033 991 979 949 889 Declared Members 88 21 76 62 73 Practising Firms: Total 1,508 1,474 1,425 1,358 1,302 Pietermaritzburg 168 164 156 141 129 Durban 616 607 575 496 552 Country 724 703 694 721 621 Subscriptions: R R R R R Pietermaritzburg & Durban 1,208 1,151 1,094 1,037 980 Country 1,083 1,026 969 912 855 Declared Members 844 787 730 673 616 Gross Income 16,563,582 14,631,376 11,212,243 9,676,644 9,778,163 Gross Expenditure 11,995,525 9,325,372 9,453,635 7,458,675 6,566,286 Surplus (Deficit) 4,568,057 5,306,004 1,758,608 2,217,967 3,211,877 Capitation Levy to: Law Society of South Africa 874,300 855,050 792,800 783,090 744,480 Agency Fee: On interest received on behalf of Fidelity Fund 11,185,556 10,587,006 7,064,422 5,769,297 5,865,196 The above as % of gross income

68%

72%

63,01%

59.62%

59.98%

2009 2008 2007 2006 2005 Admissions during the year: Attorneys 249 265 254 252 236 Conveyancers 58 76 107 114 50 Notaries Public 42 26 35 24 16 Re-Admissions as Attorneys: 3 3 6 4 6 Candidate Attorneys: Total Articles/Contracts registered 351 356 383 346 353 Cessions registered 72 82 68 68 58

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Articles cancelled (not terminated) 22 15 30 33 15 2009 2008 Attorneys from Other Provinces Enrolled in KZN: 11 24 Attorneys' Names Removed from Roll, at Own Request: 0 20 PRACTISING ATTORNEYS WHO HAVE PASSED AWAY SINCE THE LAST AGM:

2008/06/13 Sanan, Eugene Leon 2008/10/08 Ngcobo, Reginald Nkosinathi 2008/10/16 Sader, Dawood Cassim 2008/11/18 Smith, Marietjie 2008/11/18 Kunene, Nkululeko Clifford 2008/12/17 Fismer, John Hilton 2009/01/03 Augustine, Archibald Lawrence 2009/01/03 Ramluckan, Sham 2009/01/20 Mohideen, Ayob Younus Shaik 2009/02/10 Vutela, Thompson Singati 2009/03/07 Herr, Eric 2009/03/10 Poovalingam, Pat Thungaval 2009/04/11 Ebrahim, Ihmraan 2009/05/04 Wallace, Steven Ian 2009/06/29 Binza, Xolile 2009/07/03 Parkin, David Montagu 2009/08/31 Moodley, Mohambry (Monty) 2009/09/01 Sirpath, Amar EXAMINATION RESULTS: Practice, Procedure and Bookkeeping:

August 2008 Part 1 Part 2 Part 3 Part 4 Totals Entered 266 253 250 221 990 Wrote 241 228 205 196 870 Passed 168 159 164 143 634 February 2009 Part 1 Part 2 Part 3 Part 4 Entered 153 224 235 198 775 Wrote 135 217 186 168 706 Passed 92 150 177 159 578

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Conveyancing: September 2008 May 2009 Entered 118 101 219 Wrote 75 71 146 Passed 26 18 44 Notaries: October 2008 June 2009 Totals Entered 43 49 92 Wrote 33 37 70 Passed 16 *Oral results outstanding LIFE MEMBERSHIP AWARDS: The Council awarded Life Membership to the following persons for 50 years of continuous and dedicated practice as Attorneys: Jolyon Drue Letty, commenced practising on 28 May 1959. Munoharie Kissoon Singh, commenced practising on 20 August 1959. KZNLS PRIZES AWARDED TO STUDENTS: Prizes Awarded to University Students: Your Council awarded prizes for the best final-year law students for the year 2008 at the Universities of KwaZulu-Natal mentioned below: Pietermaritzburg campus - Patricia Jane Erasmus. Howard College campus - Ilsa Nell. Zululand - Mluleki Henceforth Desmond Shongwe.

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PRESIDENT'S ANNUAL REPORT

FOR THE YEAR 1 JULY 2008 TO 30 JUNE 2009 INTRODUCTION I am pleased to be able to report on the activities of your Council for the past year. Our profession continues to face many challenges which are being brought about by major changes such as the Legal Services Charter, the new Practice Bill which is in the making, the amendments to the RAF Act and of course the direction which advertising is taking. Add other pipe line changes and our current economic climate and it is pretty obvious that our profession is moving forward in many different directions. ATTORNEYS DEVELOPMENT FUND The Attorneys Development Fund will be a Section 21 company, the establishment of which is currently in process. The Board of Directors will comprise representatives from all six constituent members together with the Law Society of South Africa (LSSA) and the Attorneys’ Fidelity Fund (AFF). Initial funding will be in the form of contributions from the Provincial Law Societies, matched on a rand for rand basis by the AFF. Our Society has committed an amount of R5m. This fund will enjoy an anticipated start up sum of R30m. The Attorneys Development Fund will provide assistance and support to attorneys who are qualified and in good standing, upon application and subject to criteria (the details of which are yet to be established). Support includes technological and infrastructural support and assisting members to achieve savings via negotiation at a national level with service providers. Initially this assistance and support will be directed towards newly established practises and will extend, in due course, to established practices. LEGAL PRACTICE BILL The coming into effect of the Legal Practice Bill remains one of the biggest challenges facing the profession. For various reasons progress has been slow. This has not been helped by the change in Minister of Justice from Mr E Surtee to Mr J Radebe.

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The latest development has seen a commitment from the Bar and Side Bar to work together. A six person subcommittee with equal representation from both professions is seized with drafting a proposal for a unified approach. This proposal will be placed before the LSSA. LEGAL SERVICES CHARTER SCORECARDS

The Charter was finalised and handed to the Minister of Justice in December 2007, with the finalisation of the Scorecards still to come. Draft Scorecards were presented at various road-shows held by the Society around our Province and similar canvassing was done in other jurisdictions so that members could comment and make recommendations. All comments and recommendations were referred to the LSSA's appointed Technical Committee, which included our Council member David Gush. Comments and recommendations received have been incorporated into a revised document which now serves before the LSSA and constituent members; once finalised the LSSA will adapt the scorecards to facilitate on-line completion by members. PRACTISE DEVELOPMENT Through its LEAD Department the LSSA is in the process of establishing a Practise Development department to provide continuing practise development support for practising attorneys. The purpose of this department will be to streamline, co-ordinate and develop support for attorneys on a national basis and so complement and inform the efforts being made at Provincial level. THE ROAD ACCIDENT FUND ACT Members will know that the LSSA was successful in having the interdict preventing the RAF from making direct payments to claimants confirmed in June 2009. The matter of the Application for the review of the RAF Amendment Act and Regulations is proceeding with the RAF having been called upon to make available to the LSSA those records which supposedly passed constitutional muster. An amended Notice of Motion and the LSSA’s Supplementary Affidavit has been served on the Respondent. The matter will be set down in the Gauteng High Court for a date some time in 2010.

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UNIFORM RULES A draft set of Uniform Rules that will apply to every practitioner in the Country is before the LSSA and the Provincial Law Societies for comment and amendment. The comments from the Provincial Law Societies will be consolidated into a final document from which the Uniform Rules will be drafted. These draft Rules will need to be approved by each Provincial Law Society at a Special General Meeting. A. TRADE UNION FUNCTION Committees of Council were urged to meet regularly and to be pro-active regarding issues within their ambit of expertise. This report is a summary of issues dealt with by the Council and its Committees this past year. There will be separate reports pertaining to the Society's finances as well as reports from the Attorneys’ Fidelity Fund and from the Attorneys’ Insurance Indemnity Fund. ADVOCATES AND ATTORNEYS LIAISON COMMITTEE This liaison Committee addresses issues of common interest and concern between Attorneys and Advocates. This is important because many attorneys are now taking advantage of their right of appearance in the High Court. For example this Committee has been involved in the resolution of fee disputes which has been very successful. This Committee is also facilitating collaboration between the Bar and Side Bar on issues such as pro bono; service delivery at Courts; and Rules regarding Contingency Fees. This successful liaison at Provincial level has initiated similar liaison at National level which is all to our profession's benefit. ATTORNEYS' ASSOCIATION AFFAIRS The Council has initiated meetings with Chairpersons of the various Attorneys Associations and Legal Circles regarding their rejuvenation. The Council has emphasised the role that they play in advancing the local interests of the profession. This is producing the necessary results with areas such as Port Shepstone embarking on the re-establishment of their Attorneys Association. The Council continues to advocate the transformation of Legal Circles to Attorneys’ Associations. There are only three properly constituted Attorneys Associations and ten Legal Circles in the Province.

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FAMILY LAW Alive to the fact that the Constitutional Court regards the family as an important element of the Bill of Rights, the Family Law Committee seeks to ensure that matters pertaining to the family and in particular women and children are vigilantly pursued at the highest level. The experience, expertise and commitment of Committee members to the area of family law ensures the advancement of issues related hereto, bearing in mind that the concept of 'family' has been expanded to include life partnerships and same sex relationships. During this last year the Committee established a liaison with the Family Advocate on matters of common concern and interest in order to improve the working relationship with the Family advocate for KwaZulu Natal attorneys. The evolution and legal development in the area of family law requires pro-active contributions and the dissemination of information to which end the Society will be embarking on workshops in such key areas as the Children's Act, the Child Justice Bill and practice and procedure in divorce proceedings. HIGH COURT MATTERS The High Court Committee is dealing with various issues relating to service delivery at the High Court and issues relating to practise. The Judge President has recognised the need to liaise with our Society and to this end has assigned a liaison judge, the Honourable Mr Justice Kruger, to interact with the Committee. Judge Kruger's on going preparedness to help is of immense help and is appreciated. During this past year the Committee considered inter alia the clogging of the Court Rolls and general administrative problems. The Council is in the process of establishing a six person committee comprising two representatives each from the Society, the Judiciary and the Bar to consider from time to time problems. A response from the Judiciary and Bar is awaited. Ad hoc meetings are also held by the Committee with the Registrars to improve service delivery. The issues of Qualification and Training Standards have been referred to the LSSA’s Standing Committee on Legal Education. The Council for Higher Education is steering a process of review in this regard. The Committee has contributed significantly to the motivation tabled by the LSSA for the tariff increase.

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HUMAN RIGHTS & CONSTITUTIONAL DEVELOPMENT / GENDER Due to the overlapping of issues dealt with by these two Committees, and upon their request, Council approved combining these two committees into one. The joint Committees hosted their first Women's Conference on the 07th August 2009 at the Victoria Country Club, Pietermaritzburg. The conference was well attended and included addresses by the Co-Chairperson of the LSSA, Ms Thoba Poyo Dlwati and guest speakers the Honourable Madam Justice Mokgohloa and Prof. Managay Reddi. The Society sponsored the attendance of two members of the committee at a gender workshop in Pretoria, arranged by the Law Society of the Northern Provinces. In the previous year’s report, members were advised that the committee would be producing a pamphlet on the Domestic Violence Act in English and isiZulu for distribution to the public. These were produced and have been distributed. Positive feedback has been received from the public who find them informative. LABOUR LAW The Committee has emphasised the need for pro bono work to be undertaken in this field by our profession. By way of example Committee members have offered their assistance to Legal Aid South Africa who appealed for this help. Sadly Legal Aid South Africa has not yet reverted nor taken advantage of this offer. The Committee has established a working relationship with the CCMA. The CCMA assisted the Society to host a seminar for members on the operation of the CCMA and Bargaining Councils. A delegation from the Committee met with the Durban Compensation Commissioner. This meeting addressed such challenges as the setting down of matters; their finalisation; lack of access to legal services; financial constraints; backlogs and capacity problems. LEGAL AID Access to justice is one of the corner stones of our constitutional democracy. Council is committed to giving content to this imperative by interacting on an ongoing basis with Legal Aid South Africa (LASA) (previously the Legal Aid Board),

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the LSSA and other stakeholders. In addition Council is committed to the implementation of a pro bono programme. The KZNLS Legal Aid Committee is active and enjoys structured and regular meetings with the Regional office of the LASA. The Committee is also represented on the LSSA Legal Aid Committee whose meetings are also attended by the Executives of LASA. The two principal issues which constitute the thrust of the Committee's engagement with LASA relate to qualitative delivery of legal services and judicare work to private practitioners. Due to the professions prolonged and robust engagement both at LSSA and KZNLS levels regarding ongoing concerns about qualitative issues, LASA has changed direction and now separates management from legal service delivery. Legal Managers will now play a more important role in quality legal delivery with committees reporting at Justice Centre level, and at Regional Office level which in turn feeds into the National Legal Aid Committee. LASA has also indicated that it is investigating the expansion of private judicare work to practitioners subject to budgetary considerations. It is hoped that the goodwill created by this Committee will translate in the short to medium term into new work for our profession. LIBRARY The Library is a facility that enjoys a huge financial investment from the Society. The improved facilities, both at Durban and Pietermaritzburg, serve to illustrate the Society's commitment to its members, which is to ensure that members can access material in an excellent facility. These services are vital for those members who do not have comprehensive libraries of their own and is an important tool for the empowerment of such attorneys. The Society has attempted as far as possible to migrate towards as much electronic information as possible in order to enhance its service to members. The service currently provided is of such quality that it has been extended to other jurisdictions, even outside the country. It is by far the best facility of its kind in the Country. Members are encouraged to make use of the library facilities. Member's attention is also drawn to the conference centre facilities available for hire at the Durban library. MAGISTRATES' COURT COMMITTEE The Magistrates' Court Committee has met on a number of occasions during the course of 2008I2009 to deal inter alia with the following issues:

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1. The increase in the Magistrate's Court tariff; 2. The harmonisation of Rules between the Magistrate's Court and the High

Court; 3. The implementation and procedural problems of Section 66 of the

Magistrates' Court Act; 4. Administration orders, debt review procedures, Road Accident Fund matters; 5. The issue of stamp duties, with reference to the repeal of the Stamp Duties

Act. The Magistrates' Court Committee has attended to many queries and complaints lodged by members with the KZNLS regarding delays with the processing of Court documents, the granting of judgments and the setting down of trial matters. These issues have also been raised with representatives of the Magistracy and when of National concern referred to the Law Society of South Africa. The Magistrate's Court Committee is in constant communication with our members and with representatives of all Magistrates' Courts in KwaZulu-Natal. In order to improve service delivery the Society has requested Chief Magistrates to appoint liaison persons with whom the Society can engage on an ongoing basis. MASTER'S OFFICE Due to service delivery issues relating to the Master's Office, the Society's Liaison Committee has engaged with the Durban and Pietermaritzburg Masters' Offices on a regular basis. There is also continuous contact between these Master's Offices and our Director outside these regular Committee meetings. Joint meetings are being held three to four times a year. Both the Deputy and Assistant Masters attend these meetings. Some of the significant service delivery issues dealt with are:- (1) The Society has been informed that the Durban office has a near complete

staff complement and the Pietermaritzburg office will be making appointments soon which will also give it a full staff complement. A novel feature has been the employment of interns. This resulted in some improved delivery.

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(2) Query sheets have a targeted turn around of two weeks in Durban and between two and four weeks in Pietermaritzburg.

(3) The fast tracking of letters of executorship is still in place in both Offices,

Members must ensure that all the required documentation is correct otherwise fast track applications will be dealt with in the normal course.

(4) Endorsement of documents still has a turn over targeted time of twenty four

hours, with dedicated channels attending thereto. (5) Problems continue to be experienced with the Guardians Fund. Staff are

having to be imported from the other Provinces. (6) The introduction of an integrated case management system in the Master's

Office will result in the recording of documents in an electronic medium with a tracking capability.

(7) Stamp Duty payable on Master's Office documents has not been resolved

notwithstanding a High Court judgement to the effect that stamp duty is no longer required on court processes, but a decision is expected to be made soon.

(8) The Committee continues to make representations to the Chief Master to

increase the Section 83 limit of R125 000 to R500 000. (9) While there has been a substantial improvement in service delivery some

important problems still endure. These issues are addressed constantly. MEMBER RELATIONS A Member Relations Committee has been established. This Committee conducted a survey amongst members regarding the format Annual General Meeting's and should follow. The change in the composition of the Agenda of the AGM is attributable to the outcome of the survey. The Committee hopes that this change will cause improved AGM member attendance. The Committee has also been the driving force behind the creation of the new electronic newsletter and an initiative to ensure that all members are eventually equipped with computers and so able to communicate electronically. The Committee is a forum for suggestions by members who wish to improve relations between members and the Council and amongst members generally. It is a forum which the Council urges members to make use.

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PRACTICE SUPPORT The Practice Support Committee continued this year to enhance and further the development of members in terms of practice support and professional development. A series of seminars/workshops were held in various areas within the Province for members. The National Credit Act, Estates and the Consumer Protection Act are some of the topics covered and being covered. This Committee also participated at a National level in the establishment of the Attorneys Development Fund which will be co-ordinated through the LSSA and be operational soon. Pursuant to the enactment from 1 January 2009 of the new Section 13B of the Attorneys Act, 1979, an attorney applying for the first time for a Fidelity Fund certificate in terms of Section 42, must complete a legal practice management course approved by and to the satisfaction of the Council of the Law Society of the Province in which the attorney intends to practise This Committee will be making recommendations to Council to ensure a fair and uniform implementation of this new requirement Nationally. PRO BONO The Society has been successful in implementing necessary processes and procedures for the co-ordination of pro bono, in anticipation of it becoming mandatory for all practitioners. The project is being run as a pilot project and has assisted the Society to formulate standard operating procedures. Members of the public are required to satisfy a means test which has recently been amended and is based on a qualifying gross income of R5000.00. The Society has established networks with various stakeholders including the Legal Aid Board, the CCMA and Lawyers for Human Rights. These relationships have however yet to be formalised. The current challenge is that the panel of 135 member firms who have made themselves available will not be able to satisfy the anticipated demand which is particularly so in the rural and inland areas. There is a need for increased member participation. The Society records its gratitude to all members who perform pro bono work on both a formal and informal basis. The Society also thanks the 105 member firms who participated in National Attorneys Week that ran from the 7-11th September 2009. This was an initiative of the LSSA and the Provincial Law Societies.

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PROPERTY LAW The Property Law Committee dealt with a number of issues this last year such as the electronic lodgement of documents. The Committee also updated the Intra-Provincial Guidelines, which became effective in respect of all transactions received by the instructing attorney on or after the 01st July 2009. REFORM AUDIT SUPPORT SYSTEM (RASS) The RASS system continues to operate within KwaZulu Natal only and there are currently 335 participating firms. There has been substantial progress at a national level and a general acceptance by the other Provinces to implement an alternative system to the current trust audit system. It has been accepted that the RASS model used in KZN will need to be modified to incorporate the use of inspectors and auditors to address geographical and resource concerns. There is an in principle agreement at LSSA level that a uniform system should be implemented nationally, the details of which are to be finalised, and that the programme will be renamed the Audit and Inspection Programme (AIP). SADCLA The 2009 Conference was held in Livingstone, Zambia. It was the 10th Anniversary conference and named “Reflections on Defending the Rule of Law without Fear or Favour”. South Africa was well represented, with a delegation of nine from KZNLS.

It was encouraging to note presentations made by persons well known to us being Nic Swart (Director of L.E.A.D) and Andrew Stansfield (Financial Director of the AFF). South Africa plays a significant role within the organisation, with our own Thoba Poyo Dlwati serving as the Vice President of SADCLA.

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SASSETA SASSETA has reported that a substantial proportion of the our profession does not lodge claims in the form of grants, which indicates that Work Skills Plans and Annual Training Reports are not being lodged and/or there is a lack of awareness as to the qualifying factors. Members are encouraged to contact our Manager: Business Development and Practise Support Officer regarding the submission of Work Skills Plans to recover grants. The Department offers liaison with Skills Development Facilitators who are able to assist in developing claim plans for submission to SASETTA. After years of negotiation the profession has finally managed to secure a Two Year internship for candidate attorneys. Firms are required to make application and, subject to qualifying criteria and contractual obligation, will receive a grant of R1,500 per month per candidate attorney. Again members are encouraged to contact our Business Development and Practise Support Office for help. SHERIFFS' MATTERS The Committee dealing with Sheriff’s matters met with a delegation from the United Sheriffs Association as well as the CEO of the Board for Sheriffs to initiate liaison for the purpose of reducing the conflict between the Sheriffs and the attorneys’ profession. Areas of concern include Immovable Property foreclosures; Repossession of Motor Vehicles; Serving of Process. Members were advised via the Society’s Circular and electronic Newsletter of the various Sheriff's concerns. Members were also invited to submit their concerns for debate with the Sheriffs. Astoundingly no submissions were made nor issues raised by members. The Board for Sheriffs has undertaken to draft a proposal for standard Conditions of Sale to regularise the considerable variations being utilised. Form 21 of the High Court Rules (Conditions of Sale) requires updating. This will be referred to the LSSA to consider during the process which will unify the Magistrates and High Court Rules. The United Sheriffs Association should be contacted regarding complaints/ concerns regarding the conduct of their members. Such can also be referred to the Board for Sheriffs.

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SMALL CLAIMS COURT There are a significant number of members who sit as Commissioners in these courts throughout the province. Unfortunately the Department of Justice has been unable to provide the Society with an updated list of members serving in this capacity. The Society nevertheless expresses its gratitude to all members who continue to do a sterling job in this arena. In keeping with the initiative regarding the Small Claims Court Service Delivery Improvement Project spearheaded by the KZN Regional office, a meeting was held at the Pietermaritzburg Magistrate’s Court on the 17th August 2009 to seek the introduction and enrolment of new Commissioners. The meeting was well attended and at least 25 attorneys and advocates have committed themselves to enrolling as Commissioners. They are now receiving their applications. With the intake of new Commissioners, the Commissioners in Pietermaritzburg will be able to assist in Ad Hoc appointments to other outlying areas, such as Greytown where there are no Commissioners. There is certainly a new enthusiasm from attorneys and advocates who attended the meeting on the 17th August 2009 and they have expressed a strong desire to act as Commissioners. Country attorneys are also doing their bit to service the Small Claims Courts in their areas. Their load is considerable because unlike the Cities, there are but a few attorneys who are required to service larger areas. They also do not have the luxury of resigning because there is simply no one to replace them. B. REGULATORY FUNCTION MISCONDUCT MATTERS The following is a report on matters dealt with by the Regulatory Affairs Department during the period 1 July 2008 to 30 June 2009 - 1. COMPLAINTS

The Council has appointed 9 Complaints Committees, 1 Trust Audit Complaints Committee, 1 Non-Response Complaints Committee and a Councillors Complaints Committee to assist in dealing with complaints relating to unprofessional conduct. 1 550 new complaint files were opened and 969 informal complaints were dealt with.

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Of the complaints dealt with by the Complaints Committees, 175 complaints were dismissed, 97 fines were imposed and 8 reprimands were imposed.

The following forms of misconduct were in the top six category - (a) Failure to account properly, or at all, to clients. (b) Failure to reply to complaints. (c) Failure to attend properly and expeditiously to clients' matters. (d) Failure to reply where there was a duty to reply. (e) Failure to lodge, or to lodge timeously, trust Audit Reports.

(f) Failure to apply, or to apply timeously, for Fidelity Fund Certificates. 2. ASSESSMENTS

27 Assessments were conducted and in 15 assessments the fees were confirmed and in 12 assessments the fees were reduced on average by 33%.

The following members kindly acted as assessors in assessing their colleagues' fees - Mr G H Ismail, Mr B L Kurz, Ms Y T Mbatha, Mr D J Dickinson, Mr M Louw, Mr R Choonilall, Ms H Patel, Ms L Ellison, Mr Lushen Pillay, Mr M B Williams, Mr B S Hirasen, Mr L O' Meara, Ms S Pillay, Mr J Wills, Mr N R Tatham, Mr Sivanathan Pillay, Ms A Ward, Mr M Browning, Mr A Severaj, Mr R Haffejee, Mr J C Reddy, Mr Y Yetwaru, Mr U Jivan, Mr G Munien, Mr A Kissoonlal, Mr I A Esat and Mr N Kinsley.

3. ENQUIRIES 11 Enquiries were finalised. 4. INSPECTIONS

18 Inspections were conducted. 5. PROSECUTIONS FOR THEFT OF TRUST FUNDS

Mr K S (Vinson) Govender was found guilty of the theft of trust funds and a two year prison sentence was imposed on him. The sentence was however suspended for a period of three years and he is required to serve two years' correctional supervision.

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6. STRIKE OFF APPLICATIONS

The following members' names were struck off the roll of attorneys arising out of High Court applications -

(a) Mr R Ameer (Criminal conviction) (b) Mr L M Thomas (Misappropriation of trust funds) (c) Mr A P Grove (Reckless supervision of his trust account) (d) Mr M I J Sibeko (Misappropriation of trust funds) (e) Mr S S Rampersad (Misappropriation of trust funds) (f) Mr S A Ebrahim (Misappropriation of trust funds) (g) Mr H B Pillay (Misappropriation of trust funds) (h) Mr E J Mbeje (Misappropriation of trust funds) (i) Mr D H Nelson (Misappropriation of trust funds) (j) Mr Thiven Moodley (Misappropriation of trust funds) 7. SUSPENSIONS The following members were suspended from practising as attorneys -

(a) Mr P E Van Rooyen was suspended from practising as an attorney but the suspension order was in turn suspended subject to certain conditions. (He submitted false claims to the Legal Aid Board).

(b) Mr Binesh Bene Singh (Failure to lodge Trust Audit Report). 8. PANEL OF ATTORNEYS

The following firms were appointed as the Society's panel of attorneys to attend to all aspects relating to the Society's litigious work which includes strike off applications, suspension applications and curator bonis appointments - Jay Pundit & Co., Siva Chetty & Co., Masipa Inc., Murugasens, Venn Nemeth & Hart and Tatham Wilkes. Buthelezi Inc. and Laing & Associates were appointed to recover debts due to the Society, i.e., fines, subscriptions, Court application costs.

9. CURATOR BONIS DUTIES

The Curator Bonis Section deals with taking possession of files, trust monies and accounting records of those members who have been struck off or suspended. During the year the Section dealt with 8 firms.

CONCLUSION It is not my intention during the AGM to deal in any detail with the matters contained in this Report. I adopt this approach on the assumption that members have read this Report before the AGM. Having said this however I am conscious that there could very well be issues in this Report (or not in this Report) which members may wish to raise. If this is so I ask members who may have issues arising from this Report, which they wish to raise at the AGM, to raise such matters well before the AGM with our Director, Gavin John. I make this request so that your Council will be able at the AGM to answer any such queries fully and competently. Members' co-operation in this regard will be appreciated. In conclusion I thank my Council members for their support during the year. Council has committed itself to fair transformation and has been gender sensitive at all times this past year in both instances regarding employment, other appointments and procurement. I take this opportunity to also thank the many members of our Society who have volunteered their time this past year to serve our Society. I thank the management team and staff of the Society for their continued efforts. This management team is indicative of the Society's transformation programme. I wish them every success in the future and assure them of Councils continued support. Is has been a privilege to serve the Society and our profession in the capacity of President. It has been a wonderful and fulfilling experience. For this I am most grateful.

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