following members of the Cape
Bar held acting appointments in
the Johannesburg Bar, celebrated
his 90th birthday. In celebration
The honorary secretaries are
P Mtshaulana and Ms F Kathree,
the Cape Provincial Division: P of his birthday, the Johannesburg and the administrative officer is
8ygedra deur JJ Schreuder, Hodes SC, E Steyn SC, N Erasmus Bar held a birthday party for Ms I Mundell.
Kimberley and D Jacobs. Mendelow QC on 9 November
1999 in the Bar's Common Room. New silks
Regbank New silks The party was attended by The following eight members ofthe
Regter-President Kriek het die The following took silk in Sep various members of Mendelow Johannesburg Bar have been
onvermydelike so lank as moontlik tember 1999: JG Dickerson SC, QC's family; retired and active confelTed silk by the President in
uitgestel, maar uiteindelik tog aan OL Rogers SC and E Steyn Se. judges and members of the 1999: S Joseph SC, K Foulkes
die einde van Oktober 1999 afge Johannesburg Bar. The then Jones SC, 0 Cook SC, W Vermeu
tree. By lede van die Vereniging was Pupils and new chair of the Johannesburg Bar len SC, F Odendaal SC, H van der
"OuJudge" 'ngeliefdeengerespek members Council, Roland Sutherland SC, Riet SC, G Pretorius SC and A
teerde regter en regter-president. There were 28 pupils in the sec presented Mendelow QC with an Subel Se. See "New silks" on p
Tydens 'n baie genotvolle funksie ond intake of 1999, and the fol illuminated address on behalf of 16 of this issue.
het die Vereniging op informele lowing members joined the Bar the Johannesburg Bar.
wyse van horn afskeid geneem. upon the successful completion of Briefs from Natal Law
Regter Steenkamp is die nuwe their pupiUage: P Arendse, C 1999-2000 Bar Society attorneys
regter-president van die Afdeling. Bischhoff, TE Bluff, MP Braude, Council At a meeting of the Johannesburg
H y is op 3 Desember 1999 tydens PJ Burgers, AA da Silva Moreira, The members ofthe 1999-2000 Bar Bar Council on 26 October 1999,
'n luisterryke geleentheid, waar B David, JP du Toit, PS du Toit, P Council are N Cassim SC (chair), it was resolved that aJl members
appelregter POlivieren regter-presi Engelbrecht, EL Grobler, D Hut WHG van der Linde SC (vice-chair), of the Johannesburg Bar be
dent E Lichtenberg ook aanwesig chison, R J acobs, M Lizani, 11 M Brassey SC, H Epstein SC, AP informed as follows:
was, ingehuldig. Die Vereniging as Meiring, R Paschke, M Salie, MC Joubert SC, CDA Loxton SC, PJ "Every member of the Johan
sodanig het tydens sy jaarlikse dinee Solomon, SL van der Walt and SG Pretorius SC, Ms S Weiner SC, T nesburg Bar, when receiving a
regter Steenkamp verwelkom as die WaJther. Bruinders, Ms H Constantinides, brief from any attorney, shall
nuwe regter-president. Ms F Dippenaar, C Lamont, GM do so only on the basis of the
Resignations Malindi, D Mpofu, P Pauw and long standing custom and prac
Waarnemende Since August 1999 the following Ms M Victor. tice that the attorney is per-
aanstell ings members have resigned: SW
Gedurende die laaste termyn van Burger, MLC Chin, W Fisher, FA
1999 het Basson R (reeds afgetree) Lange, R le Roux, ST Ryke, M
en WH Olivier SC waargeneem as Soltynski and LJ van Tonder.
regters in die Noord-Kaap. There are at present 335 mem
bers at the Cape Bar.
Gedurende die afgelope tyd het
Van Vuuren en Erasmus die Ver
In an endeavour to contribute to
eniging finaal, so wil dit lyk, verlaat.
wards removing any problems in
Daar is met groot spyt van beide
connection with newspaper cov
erage of legal proceedings, a
Die Kaapse Wetsgenootskap number ofwell-attended seminars
het Bester (wat steeds deel is en have been arranged and conducted
bly van die Balie) aangewys as for reporters by TD Potgieter,
die beste student tydens die Butler and Sholto-Douglas.
eksamens van Augustus 1999.
Cape Town Contributed by Marius van
berg, Cape Town Aaron Mendelow QC
At the 90th birthday party held by the Johannesburg Bar for Aaron
On 6 November 1999 Aaron
MendeLow QC, from Left to right: Aaron MendeLow QC, Ro/and
Acting appointments Mendelow QC, presently the old SutherLand SC, chair of the Johannesburg Bar 1998-99, and Judge
Since the last issue appeared, the est and most senior member of CeciL Margo.
12 Advocate First Term 2000
sonally liable to counsel for the Juniors engaged by Amendment of Con meeting approved changes to the
payment of the fees debited in silks stitution structure and composition of
respect thereof. No member On 28 September 1999 the Jo At a special general meeting of the Bar Council. The purpose
of the Johannesburg Bar, for hannesburg Bar Council ap the Johannesburg Bar held on of those changes was to guaran
any reason, accepts a brief proved a new rule which autho 14 October 1999 the Constitu tee a diverse leadership for the
from any attorney on any rises silks to engage at their own tion of the Society was amended Johannesburg Bar. The effect
other basis. cost and at Legal Aid rates ajun at the instance of the Bar Coun was to guarantee a minimum of
Members are cautioned ior of not more than three years' cil to provide for a Bar Council four black members and four
that when receiving briefs standing to serve as a second jun of 16 members . The following women members on the Bar
from firms of attorneys from ior in a matter. This must take clauses of the Constitution were Council of twenty members.
KwaZulu-Natal that it may be place with the consent of the in amended: Clauses 12.3; 12.4; Furthermore, the number of
prudent to make this quite clear structing attorney. The objective 13(f); 21(a). votes which a member could cast
when accepting the brief so as of this rule is to facilitate early The effect of the amend for candidates was limited to a
to avoid any debate at a later exposure to work by newcom ments was essentially the fol maximum of six seniors and six
time." ers and to offer one means of ac lowing: juniors.
This decision was taken in celerated career development. • First, the limitation of the These changes were imple
reaction to the following reso number of votes which mem mented for an initial period of
lution which had been adopted The Edeling striking bers have at their disposal one year in order to evaluate their
at a meeting of the Natal Law off was eliminated, enabling efficacy. That time elapsed in
Society on 15 October 1999: Since the decision of the Trans members to vote for as few 1999 and the 1998-99 Johannes
"IT IS HEREBY RESOLVED vaal Provincial Division to strike or as many candidates as they burg Bar Council were of the view
that with effect from I Janu off Chris Edeling from the roll choose, limited obviously, by that the model has successfully
ary 2000 the convention of advocates, several applica the number of positions to yielded a strong Bar Council
whereby an attorney who tions to various courts have be filled. This was achieved leadership which has enjoyed a
briefs an advocate is person taken place. A petition to the by the amendments to Clause wider credibility than it might
ally liable for the advocate's Supreme Court of Appeal has 14(f). otherwise have achieved, and by
fees and VAT thereon shall be been refused. Edeling then ap • Secondly, the number of reason of the diverse inputs, has
of no force and effect and such plied to the High Court for di members of the Bar Council been empowered to more ably
convention shall stand repu rect access to the Constitutional were reduced from twenty chart the course ahead for the Jo
diated and abrogated. Court. This application, as well to sixteen, comprising an hannesburg Bar and for the
FURTHER RESOLVED as a petition to the president of equal number of seniors and broader profession.
that as from the said date the the Constitutional Court was juniors, adapting the ratios
relationship between an attor refused. That means that Edeling of black and women mem Move of secretariat
ney who briefs an advocate on has now exhausted all possible bers on the Bar Council from On 30 November 1999 the Bar
behalf of a client or clients remedies and consequently his the previous 20% to 25% secretariat moved from the first
shall be govemed by the com striking off has now been brought respectively, in relation to a floor of Schreiner Chambers to
mon law principles of agency to an end. 50% proportion of white the second floor in Innes Cham
provided that nothing shall males. bers. The move has not affected
preclude any attorney who New members • Thirdly, the amendments the telephone and fax numbers
wishes to bind himself liable as The following members com are to be implemented over of the secretariat. The secretariat
co-principal debtor and joint menced practice at the Johannes a five-year period (1998 to occupies one wing of the sec
obligator or as principal debtor burg Bar during December 1999 2002). ond floor while the remaining
to an advocate from doing so. to January 2000: The background to these amend wing is occupied by some seven
AND FURTHER RE DL Wood, T Ossin, T Dix ments is that in 1998 the Johan members of the Johannesburg
SOLVED that the Chief Ex (Ms), DJ Vetten, MJ Tulwana, nesburg Bar at a special general Bar. W
ecutive Officer of this Society NL Skibi, PM Maake, TP Sen
shall communicate this deci eke, WR Mokhari, EJ Ferreira,
sion to the Society of Advo SPS Mkalipe, Y Ismail, A Lamp Stop press
cates, to all members of the brecht, KE Masoga, MH Mo
Natal Law Society and to any kale, Ms A Willcock, A Jacobs, A National Bar Conference will be hosted by the
other interested parties." T Mpanza, K Molemoeng, Ms General Council of the Bar in Cape Town from 11
The decision by the Natal Law G Goedhart, EM Mogolane, Ms to 21 April 2001. Theme: "e-Iaw@capetown.za"
Society was taken without prior T Thirumudu, SWWJ van der with local and overseas speakers.
notice to the Johannesburg Bar Sandt, G M Ameer, S Ebrahim,
and without consultation in re BR Anderson, Ms EL Botha and More information will appear in the next issue of
gard thereto. AA Costa. Advocate.
14 Advocate First Term 2000