Noord Kaap Johannesburg General Council of the Bar of SA

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Noord Kaap Johannesburg General Council of the Bar of SA Powered By Docstoc
                                 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 
             The press
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
afskeid geneem. 
                            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
ContributedbySean Rosen­
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: ""
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

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