BAR NEWSMARS

THE LAW OF INSOLVENCY I N S O U T H A F R I C A

www.jutalaw.co.za

CONTENTS

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In addition to the Insolvency Act 24 of 1936

and the developments surrounding it, this ninth

edition also considers other legislative

provisions that affect insolvency, for example,

provisions in the National Credit Act, the Civil

Union Act, the Long-term Insurance Act and the Land and Agricultural

Development Bank Act. A new chapter on cross-

border insolvency has been included.

NINTH EDITION

Johannesburg

New use of the Johannesburg Bar’s websiteContributed by Dana du Plessis, member of the High Court Committee of the Johannesburg Bar Council

The High Court Committee of the Johannesburg Bar Council, under the chairmanship of Piet Louw SC, has embarked on an initiative to ensure that the Bar makes proper use of electronic means to obtain information and to communicate with the Witwatersrand Local Division (WLD) court.

The location of the majority of the Bar’s members in Sandton means that the publication of court rolls and the allocation of opposed motions on the notice board in the foyer of the High Court building is no longer practical for these members. The forwarding of practice notes and short heads of argument in opposed motions to a dedicated pigeon hole in the High Court, is also very onerous for members situ-ated in Sandton.

It was decided to make the court rolls of the court more accessible, not only to members of the Johannesburg Bar, but also to attorneys and members of the other Bars. The first step was to obtain the per-mission and support of the Deputy Judge President of the WLD, Judge Mojapelo, and the Chief Registrar of the division, Mr V Pather. They were both enthusiastic about the idea.

The next step was to identify the means of publication. It was decided to make use of the website of the Johannesburg Bar – www.johannesburgbar.co.za. The agreement is that the registrar will for-ward the rolls in electronic format to the hosts of the website, Linx Africa, who will publish them. During September 2007 the first publi-cation of the motion court roll appeared on the website.

Unfortunately, since then the publication of the roll was not always dependable as the registrar’s office experienced occasional problems with their e-mail facility. Most of these problems have now been sorted out and publication is to appear on the Friday afternoon of the week before the matters are enrolled.

The next step was to publish the daily roll, which includes the trial roll. Publication started during March 2008. It is published on the afternoon before the day on which matters are enrolled. The reason is that the daily roll is only finalised at this stage.

The High Court Committee also sought to standardise the practice and trial notes and to provide a template for short heads of argument. The idea is to place these forms on the website so that they can be completed and submitted to the High Court online. The design of these forms took some time and effort as provision had to be made for a variety of scenarios, but with the professional assistance of the personnel at Linx Africa, the first drafts were placed on the website during March 2008. Some amendments were effected and it is envis-aged that further minor changes will still have to be made.

The DJP gave permission for the forms to be used in their present format on condition that they comply with the current practice manual of the WLD and that they are forwarded in the manner presently pre-scribed. The facility for forwarding the forms by e-mail is not yet oper-ative. All indications are however that the forms are a success.

The practice manual is in the process of being redrafted by Judge Joffe. Both he and the DJP have indicated that the use of these forms and e-mail submission will be incorporated. Once the new practice manual is published, members will be able to make use of the e-mail facility and forward the forms directly from the website. In order for

BAR NEWS

advocate August 2008 15

BAR NEWS

16 advocate August 2008

Surname Name Cell No Group Group No

Alli Yacoob 082 560 0499 Group One 290-4000

Bashall SC1 Frank 072 532 9363 Island Group 291-8600

Beharie Neeraj 072 993 6017 Group 21 895-9000

Berkowitz Adam 082 820 1119 Group One 290-4000

Beytel Gert 083 395 9479 Pitje Chambers 223-8000

Bezuidenhout Johanna 083 623 7415 Garden Group 784-7777

Bodasing Anshal 083 379 0646 Island Group 291-8600

Bouwer Rouan 082 347 5078 Group 16 722-9000

Campbell Andrew 084 758 4189 Group 21 895-9000

Charles Terence 076 964 1680 Group 16 722-9000

Dairymple Tremayne 082 904 1767 Island Group 291-8600

Davids Geaniel 082 793 6501 Group One 290-4000

De La Hunt Charleen 072 724 9885 Group 21 895-9000

Dlwathi2 S B S 082 261 7996 Pitje Chambers 223-8000

Docrat F 3 Maisels 535-1800

Dos Santos Ernest 082 871 6522 Group 500 337-4355

Friedman Adrian 083 308 5354 D/M Island 291-8600

Georgiades Ursula 082 784 3497 Garden Group 784-7777

Goodman Isabel 083 303 4491 Island Group 291-8600

Gordon Caroline 083 996 0550 Group 16 722-9000

Govender Anban 072 647 5920 Duma Nokwe 282-3700

Gumbi3 L C No chambers

Hassim S K Bridge Group 263-8900

Hlatshwako Hellen 079 390 7078 Group 21 895-9000

Hofmeyr Kate 082 820 2157 Island Group 291-8600

Hosanee Mohammed 083 236 0556 3 Maisels 535-1800

Kinghorn Geraldine 073 174 6468 3 Maisels 535-1800

La Grange O J

Letzler Maud 074 102 8308 Maisels Group 535-0800

Le Roux Michelle 079 527 4258 Group One 290-4000

Linda Sinomtha 082 742 9809 Group 21 895-9000

Liphosa Humbulani 072 450 9383 Bridge Group 263-8900

Louw Pieter 083 795 0236 Maisels Group 535-0800

Surname Name Cell No Group Group No

Mahalingham Vasantha 082 784 5305 Pitje Chambers 223-8000

Mahomed Shaida 082 409 1000 Group One 290-4000

Marriott Gavin 082 824 0616 Group One 290-4000

Masilo Mphiri 076 541 7793 Garden Group 784-7777

Meyer Shawn 082 902 4434 Pitje Chambers 223-8000

Motala Haseem 082 859 7768 Duma Nokwe 282-3700

Nagel Kirsten 083 475 3311 Group 21 895-9000

Naidoo Prantoshnee 083 216 3306 Bridge Group 263-8900

Ntsebeza SC4 D B Duma Nokwe

Phala T W W Constitutional Hill Group

Potwana Xolani 083 467 2066 Group One 290-4000

Prendini K M A Group 3, Schreiner Chambers

337-4355

Pretorius Wayne 083 587 3440 Garden Group 784-7777

Ralikhuvhana Ntuwiseni 082 779 6428 Pitje Chambers 223-8000

Saladino5 M D 083 460 0470 Group 3, Schreiner Chambers

337-4355

Seboko Viola Tiny 073 261 9580 3 Maisels 535-1800

Smit Matthys 078 622 6276 Garden Group 784-7777

Smith Cardle 083 309 7487 Bridge Group 263-8900

Smith Donovan 083 228 1689 Group One 290-4000

Stevenson Rosalind 083 563 9042 Group 16 722-9000

Strydom Isa 083 326 4425 Group 16 722 9000

Thompson Christopher 083 883 9572 Garden Group 784-7777

Tolobisa Raymond 072 418 8652 Pitje Chambers 223-8000

Tonyela Mhlobo 082 674 2247 Pitje Chambers 223-8000

Tshongweni M

Van Niekerk D Group 21 895-9000

Vorster Henry 082 410 2424 Maisels Group 535-0800

Endnotes1 Rejoined 4 Associate2 Reinstated 1/12/2007 5 Rejoined3 Reinstated

New members and pupilsContributed by Kate Hofmeyr

The demographic breakdown of the new members and pupils for 2008 is as follows: There are 63 new members in 2008, of whom 43% are women and 57% are men; and 48% are black and 52% are white. There are 58

pupils this year, of whom 36% are women and 64% are men; and 53% are black and 47% are white. The details of the new members for 2008 are provided below:

this to work in practice, the Johannesburg Bar has provided the Bench with a fax/printer and a laptop with a 3G card. The laptop was gen-erously donated to the Bar by PSI Services, the hosts of most of the servers used by groups at the Johannesburg Bar. These forms will, once sanctioned by the practice manual, be e-mailed to the address linked to the laptop and then printed by the clerk of the senior judge respon-sible for the allocations.

The allocations of opposed motions will also be published on the website on the Monday afternoon of the week in which the mat-ters are to be heard, but not later than the Tuesday morning. This should make it much easier for all practitioners appearing in opposed motions in the WLD to establish when they will be heard and to plan accordingly. It is envisaged that publication will begin at the start of

the second term in 2008. The latest WLD practice directives relating to PIE-applications and Rule 37 have been published on the website and permission has been granted to publish further directives issued by the DJP. The new practice manual will also be published once it is finalised.

The Professional Sub-committee, also chaired by Piet Louw SC, has published the administrative procedure to be followed in profes-sional matters on the website. This is accompanied by a diagram which explains the procedure in more detail.

The High Court committee has achieved some success with the initiative, but a lot of work remains. The success achieved would not have been possible without the assistance and approval of the persons and entities mentioned herein, and we thank them for that.

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