KWAZULU-NATAL LAW SOCIETY

MINUTES OF

ANNUAL GENERAL MEETING

HELD ON

12 OCTOBER 2012

T H E K W A Z U L U - N A T A L L A W S O C I E T Y

ANNUAL GENERAL MEETING 2012

M I N U T E S

OF THE MEETING HELD AT THE DELANO ROOM,

SUNCOAST CONFERENCE CENTRE, SUNCOAST BOULEVARD, NORTH BEACH, DURBAN

ON FRIDAY, 12 OCTOBER 2012

MEMBERS OF THE COUNCIL PRESENT:

M.S.O. NXASANA, PRESIDENT (DURBAN) E.R. BARRY, VICE-PRESIDENT (PORT SHEPSTONE)

M.A.A.S. ESSA, VICE-PRESIDENT (PIETERMARITZBURG) S. KUNENE, VICE-PRESIDENT (PIETERMARITZBURG)

A. RAMPHAL, VICE-PRESIDENT (DURBAN) R.R. BADAL (VERULAM)

J.O. CHRISTIE (PIETERMARITZBURG) S.A. JAZBHAY (DURBAN)

U. JIVAN (DURBAN) N.S. KHANYILE-KHESWA (DURBAN)

G.J. McLACHLAN (PIETERMARITZBURG) E.A. MOOLLA (CHATSWORTH) M. NELUHENI (NEWCASTLE)

C. PILLAY (PIETERMARITZBURG) R.N. SCOTT (PIETERMARITZBURG)

P. SHAM (STANGER) M. STRAUSS (DURBAN)

E.B. ZACA (PIETERMARITZBURG)

DIRECTOR

G.M. JOHN

MANAGER: REGULATORY AFFAIRS

P. MFUSI

ASSISTANT MANAGER: REGULATORY AFFAIRS

N. HARRIPERSAD

ACTING MANAGER: BUSINESS DEVELOPMENT/ PRACTICE SUPPORT OFFICER

C. NAIDOO

MANAGER: CORPORATE SERVICES

R. GUNPATH

AGM MINUTES - 1 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- OPENING SESSION The President, Mxolisi Nxasana, chaired the Meeting. WELCOME The President welcomed everyone present and particularly the following invited guests: INVITED GUESTS Justice Mthiyane, Deputy President of the Supreme Court of Appeal M. Molefe, Executive Director, AFF N. Swart, Acting CEO of the LSSA & Director: LEAD K.R. Govender, Co-Chairperson of the LSSA R.W. Mokoena, Director of the Cape Law Society Dr L.G. Curlewus, Vice-President of Northern Provinces Ms Barbara Whittle, Communications Manager, LSSA Thomas Harban, General Manager of AIIF Mrs Thoba Poyo-Dlwati, Chairperson of the Attorneys Development Fund Ms K. Hawkey Editor of De Rebus, LSSA STANDS AT THE AGM The President welcomed those who had established stands at the AGM, and encouraged those in attendance to visit the stands after the meeting: (1) LexisNexis (sponsors of the awards handed out at the meeting) (2) Juta (3) Sabinet (4) Korbitec (5) Law Property (6) ABSA (7) Law Society of South Africa (8) KZNLS Library (9) Practice Support (10) PPS The President drew attention to the lucky draw competitions being run by LexisNexis, Juta and the LSSA; winners drawn at the end of the meeting.

AGM MINUTES - 2 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- GUEST SPEAKER INTRODUCTION OF GUEST SPEAKER: JUSTICE K.K. MTHIYANE The President introduced the guest speaker, Deputy President of the Supreme Court of Appeal, Justice Mthiyane by providing a brief background on the academic achievements of the Deputy President. ADDRESS BY THE DEPUTY PRESIDENT OF THE SUPREME COURT OF APPEAL, JUSTICE MTHIYANE The following is a summary of the address: The Deputy President (DP) addressed the meeting on the issue of Judicial case management and the role of the legal practitioners in the flow and management of cases stating that his reason for doing so was because there is a great concern currently in the country regarding the extent to which the Courts are able to turn over judgments and other related expectations that litigants expect. The goal of the judicial system, the DP said, is to secure the just, speedy and inexpensive determination of a case or of every action; to achieve such goal in the face of the Country’s challenges arising from inadequate resources and the high cost of litigation, the Judges and the Courts themselves must manage the litigation process, which objective cannot be achieved without the input and participation from the legal practitioners, including the obligation on attorneys to enquire after delays in judgements in the interest of accounting to the litigating public. It was his view that the responsibility for finalising cases in Court with reasonable speed and without undue delay does not rest solely with the Judges but extends to other role players viz. the court staff, the legal practitioners and all the other stakeholders such as Legal Aid South Africa, the DPP. It therefore requires a concerted effort from all to be supportive of steps being taken to implement judicial case management models. One of the resolutions taken at the Judges Access to Justice Conference in July 2011 was that Judicial case management would be implemented to ensure that justice to which South Africans are given access is of a high quality and delivered with reasonable speed. In respect of criminal cases in particular, section 35(3)(d) of the Constitution is relevant. It provides that accused persons have the right “to have their trial begin and conclude without unreasonable delay”. If cases are not managed this fundamental objective of disposing of them with reasonable speed and without undue delay would not be achieved. An inevitable consequence will be the unnecessary infringement of the constitutional rights of people concerned, especially those who are held in custody and those that approach the Courts to seek redress for what they perceive to be injustices inflicted upon them.

AGM MINUTES - 3 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- At the Access to Justice Conference in July 2011 a monitoring committee led by former Chief Justice Sandile Ngcobo and the current Chief Justice Mogoeng was established. A subcommittee called the Judicial Case Law Management Committee was appointed with its objective being the task of stemming the tide of delays in the disposal of cases in the High Court The Judicial Case Law Management Committee is the key driver of case management in the High Courts, the DP being the current chair. The Committee has set up a pilot project which would commence at three pilot sites, KwaZulu-Natal High Court, the North and South Gauteng High Court and the Western Cape High Court. The intention being to introduce in these Courts a working model which will see a more efficient and effective streamlining of the flow of cases so as to reduce delays to a minimum. At the moment the pre-hearing phase of a particular case is firmly located in the clerk or registrar’s office or at the legal practitioner’s office or that of a prosecuting authority, as the case may be. It is these officers or entities that dictate the pace of litigation or the conduct of the criminal case. The Rules of Court as presently structured do not effectively allow a judicial officer to take control of a case before him or her at the earliest possible opportunity. For this reason the Judicial Case Law Management Committee has come up with practice directives as an option; these will of course need to be embraced by the Judges, the legal practitioners and all the other relevant stakeholders. The Committee does not see them as being in conflict with the rules but rather as short-terms aids aimed at achieving a quicker, effective and a more efficient way of dealing with cases in keeping with the objectives of the Constitution. The DP stated that it is envisioned that at some time in the future the rules will be amended to provide for case management. Under the present rules in civil cases, the pre-hearing phase commences with the pleadings in which issues between the parties are identified and defined. This is then followed by a sometimes tedious exchange of processes before the matter is finally placed before a judicial officer for trial. Ideally a Judge should be involved at the earliest possible opportunity so as to enable him or her to play some role in the identification of the issues in dispute and cut out unnecessary issues which may cause delays in the disposal of cases. The Committee has proposed inter alia the following:

A case should be allocated to a Judge upon the signing of an action or application.

A case schedule should be implemented.

Continuous judicial control over a case through judicial officers’ support staff should be maintained.

AGM MINUTES - 4 - 12 OCTOBER 2012 -------------------------------------------------------------------------------------------------------------

Initial and subsequent pre-trial conferences should be presided over by the Judge because when a Judge presides over a pre-trial conference the Judge or Magistrate, or whichever judicial officer, is able to assist the parties into coming to some agreement regarding what the issues are going to be. Once they have committed to particular issues, it’s difficult to change. That will then effectively lead to a much quicker resolution of the case.

Trial dates should be allocated accordingly.

Settlements should be encouraged.

Effective enforcement tools should be involved.

Effective information systems should be employed.

Pilot training for Judges’ support staff and lawyers will be done by this Committee

hopefully and there will be regular follow-ups. Obviously the acceptance or embracing by the Courts of this process is necessary.

It is hoped that through the use of the above tools in the implementation of the pilot project judicial officers will be able to manage cases more effectively and efficiently resulting in speedy resolution of disputes. In all of the above proposals and objectives the legal practitioner has a role to play and therefore should be an integral part of this effort. EXPRESSION OF THANKS TO THE GUEST SPEAKER Nonduduzo Khanyile Kheswa moved a vote of thanks and appreciation to the Deputy President of the Supreme Court of Appeal for taking the time to address the Meeting despite his busy schedule and presented the guest speaker with a gift as a token of the Society’s appreciation. REPORT ON THE LAW SOCIETY OF SOUTH AFRICA (LSSA) Nic Swart, the Acting Chief Executive Office of the LSSA addressed members on the forthcoming Commonwealth Law Conference to be held in Cape Town in April 2013 extending an invitation to all members to attend. Krish Govender, co-Chairperson of the LSSA, presented the report that was tabled on behalf of the LSSA and tendered an apology on behalf of his Co-Chairperson, J.P. Stemmett, who was unable to attend. Krish Govender referred members to the written report that was circulated and noted by the Meeting.

AGM MINUTES - 5 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Govender stated that the LSSA’s focus had been primarily on the issues surrounding the Legal Practice Bill and that discussions had progressed to the point that there was substantial agreement by stakeholders and that representations would be made to the Portfolio Committee on matters of divergence and allow the process to move forward. Some of the issues of concern with the Draft LPB were:

The appointments to the Legal Practice Council as there was an overly large number of ministerial appointments on the Council. In terms of the agreements reached there will be no ministerial appointments in respect of the legal practitioners’ component. The Minister will have possibly a maximum of three, which might be reduced by way of representation from the LSSA.

The provisions for the accreditation of voluntary associations.

The LSSA argued against these provisions and, it appears, successfully as a number of these provisions have been removed.

The accreditation of conveyancers and notaries was not restricted to admitted

attorneys but following LSSA intervention this issue has been addressed and it is expected that the accreditation of conveyancers and notaries would be limited to those who are admitted attorneys or practising attorneys.

The Bill makes provision for easy movement of persons who wish to be removed from

the roll of attorneys and to be enrolled as an advocate and vice-versa. There is ongoing discussion and engagement with the Bar Council in this regard.

In terms of the provisions of the Bill, a Transitional Council will take control until a

Legal Practice Council is established. There is debate about the need for a Transitional Council as there is a strong view amongst some of the stakeholders that the progress made this year in reaching unanimity on most of the major issues is sufficient to warrant the Bill being passed with a Legal Practice Council being put in place. Should there remain a need for a Transitional Council it is the view that it should exist for no more than six months rather than the two years provided for in the Bill.

The issue of the investigation of complaints against legal practitioners to be

conducted at Regional Council level is a broad area that requires consideration as the draft anticipates a Regional Council comprising both advocates and attorneys.

The Co- Chair stated that the Bill brings about an important change for the governance of the legal profession as a whole under a single regulatory authority. He added that, apart from having to grapple with the issues surrounding the Legal Practice Bill, the LSSA engaged inter alia with:

AGM MINUTES - 6 - 12 OCTOBER 2012 -------------------------------------------------------------------------------------------------------------

The Competition Commission in an attempt to address issues of concern but also to improve the relations between the Commission and the profession. A process has been established that would allow for any disputes that may arise from the manner in which attorneys may practice which could be in violation of competition principles to be dealt with in a more conciliatory manner, the LSSA acting as the link to the Competition Commission.

Constituent members to settle the Uniform Rules which draft is close to finalisation. Govender encouraged members to consider the proposed Rules and to approve same in the interest of the profession advancing its own Rules as opposed to having Rules imposed upon the profession by a Legal Practice Council as envisaged in the Legal Practice Bill.

Govender expressed the view that, amongst the many challenges faced by lawyers is the lack of work, add to that the increased competition for that work. He added that there is very little respect for ethics and anyone who wants to pursue an ethical course is standing in the way of somebody who wants to enrich themself at all costs. Govender alluded to his attendance at the 2012 IBA Conference at which 5000 lawyers from across the world where in attendance but of which only about 100 lawyers attended the meeting on ethics, on the rule of law, on poverty, on socio-economic changes. The Co-Chairperson concluded by stating that lawyers have played a significant role in terms of the transformation of the country from an undemocratic institution or system to one that is one of the best democracies that there is, but it needs to be effective on the ground and for the majority of the people in a meaningful way and not just in a beautifully well-written Constitution with a very powerful Bill of Rights. Leaders in the profession have played an integral part in the Country’s transformation and lawyers have been seen to be the voice of the voiceless. It is incumbent upon lawyers therefore to continue to question and debate issues and play an active role in society. Discussion: There being no discussion the President thanked the Co-Chairperson for his report. ATTORNEYS INSURANCE INDEMNITY FIDELITY FUND (AIIF) The meeting noted the written report by Alan Peters, the Chairperson of the Attorneys insurance Indemnity Fund who was unable to attend, was tabled. The President advised the Meeting that Thomas Harban, General Manager of the AIIF was in attendance to address the Meeting.

AGM MINUTES - 7 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Thomas Harban provided a brief background of the AIIF and highlighted the following areas of concern/risk for the Fund:

Lack of supervision of junior staff by conveyancers and premature payments of

moneys held in trust.

RAF under-settlement and RAF matters in general continue to be a huge problem.

Attorneys appear to be suing each other at an increasing rate of late presumably as a result of the competition for limited work available.

Practitioners not informing the AIIF when estates are finalised and releases received

from the Master in respect of bonds of security. The Fund has huge exposure in this area which stood at R 7,7 billion, dating back to 1998.

Harban stated that as regards KZN the AIIF had:

Issued a total of R1,4 million in bonds, of which R1,1 million was still outstanding.

Received 17 notifications of claims from this province of which the majority relate to RAF work or to conveyancing.

Harban advised the Meeting that, as regards the future of the company, the reality is that the current model is unsustainable. The Fund pays the premiums, which premiums have increased over a period of three years from 45 million to 94 million. The model of the company is being reconsidered and it may well be that in the very near future practitioners will be called upon to make some sort of contribution to the premium. Insofar as the bonds of security are concerned, because of the lack of an appetite in the general insurance market for this type of work, practitioners may be called on to pay some sort of fee for the granting of the bonds. In concluding Harban raised the AIIF concerns that, whilst the purpose of the AIIF was to protect the profession and protect members of the public, the Fund has seen an increase in attorneys suing each other for defamation. This, he stated, absorbs significant amounts of the AIIF’s resources which could be better served if channelled into those areas for which the Fund was established. He appealed to members of the profession to avoid this course of action as far as possible. Discussion: There being no discussion the President thanked the General Manager for his report.

AGM MINUTES - 8 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- ATTORNEYS FIDELITY FUND (AFF) Motlatsi Molefe, the Executive Director of the Attorneys Fidelity Fund, presented a report of the Board of Control in the absence of the Chairperson, Silas Nkanunu, who was unable to attend. Molefe began his address by commending the Society and its’ members for embracing innovation and a positive spirit and expressed his gratitude and appreciation for the working relationship that he has developed during his time at the Fund. The Executive Director drew the Meeting’s attention to the fact that, for the period January to October 2012, the Fund had paid just in excess of R105 million in respect of claims associated with the misappropriation of trust funds and in terms of claims lodged against the Fund up to October 2012 this figure is in excess of R277 million. The Fund has resolved to embark on promoting a positive image of itself and that of the profession and to this end requires the co-operation of the law societies. He added that the KZN Law Society had embraced the principle of a partnership with the Fund insofar as implementing the RASS program and including members of the Fund’s staff on inspections from time to time and the Fund had made resources available to ensure that these initiatives work well. Molefe reported that the Fund has been actively engaged in the discussions and deliberations surrounding the LPB and how this will impact on the Fund. The Executive Director concluded by stating that the experience of the Fund, the changes considered and those implemented inform the future of the Fund and that of the profession and of sustainability. Discussion: There being no discussion the President thanked the Executive Director for his report. PLENARY SESSION CONSTITUTION OF THE MEETING The President confirmed the attendance of more than 50 members, constituting a quorum and declared the meeting properly constituted.

AGM MINUTES - 9 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- NOTICE CONVENING THE MEETING The President requested that the Notice convening the Meeting, having been circulated to all members on the 24th August 2012, be regarded as read. The Meeting ACCEPTED that the Notice had been duly given. ATTENDANCE REGISTER The President requested members to print when recording their names on the Attendance Registers which were circulating and to record the apologies of colleagues on the two separate registers for that purpose, which were also circulating. APOLOGIES FROM INVITED GUESTS The President tendered apologies on behalf of the following invited guests: J.P. Stemmett, Co-Chair of LSSA A.F.W. Peters, Chairperson, Attorneys Insurance Indemnity Fund S. Nkanunu, Chairperson of the AFF L. Lobi, President of the Cape Law Society J. Fouché, President of Free State Law Society A. Mohobo, Executive Director of the Free State Law Society M.J.S. Grobler, Director of the LSNP Adv G. Malindi, President of NADEL Ms N. Manyathi, News Editor of De Rebus, LSSA Ms L. Burger, Manager: Professional Affairs, LSSA O. Ramoshaba, Senior Manager: LEAD J. Losper, Claims Director, AFF S. Maile, Board Secretary, AFF Tony Pillay, Finance Director, LSSA A. Stansfield, Finance Director of the Fund P.B. Mabunda, President of BLA Ann Bertelsmann, Risk Manager of AIIF IN MEMORIAM At the request of the President, the meeting observed a moment of silence in memory of the following practising attorneys who had passed away since the 2011 AGM:

AGM MINUTES - 10 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- 2011/09/11 Mduduzi Otto Khoza 2011/10/23 Strinivasen Krishna Bangaar 2011/11/10 Kader Hassim 2012/01/06 Areshan Govindasamy 2012/01/27 Bradley Galvin Martin 2012/05/12 Edward Mvuseni Ngubane 2012/05/15 Richard Mduduzi Nzimande 2012/06/04 Christopher John Moggridge 2012/06/05 Eugene Steyn 2012/07/06 Patrick Leslie Smith And the following who died after submission of the Annual Report to the printers: 2012/09/09 Suriakumari Ramasar 2012/09/28 Ivan John Manickum 2012/10/08 Bernard Sathasivam Hirasen MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting held on 14 October 2011 at the Delano Room, Suncoast Conference Centre, Suncoast Boulevard, North Beach, Durban, which were posted to members on 26 August 2011, were unanimously ADOPTED on proposal by Raj Badal, seconded by Ashika Ramphal. PRESENTATION OF AWARDS: LIFE MEMBERSHIP AWARDS Following a brief address by Eric Barry on the professional career of the following members that had been in practice for 50 years, they were congratulated, and life membership were awarded to them: Mr Phillipe Gerard Dubruel De Broglio who was admitted on 4 May 1962. De Broglio responded by stating inter alia that he had enjoyed his half century in the legal profession and was proud to be a member of the KwaZulu-Natal Law Society. He added that he enjoyed a warm friendship, support, courtesy and respect from colleagues and guidance and inspiration from those in the profession both current and past members and was proud to be a member of the KwaZulu-Natal Law Society. He thanked the President and councillors and colleagues and friends for the award and for the care and the thought behind it.

AGM MINUTES - 11 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Mr Garnet Stanley Venn who was admitted on 17 March 1960. Venn responded by thanking the President, Council members and colleagues for the award. He added that it had been and remained a privilege to be a member of the KZN Law Society. He wished the Council every success in its’ endeavours expressing appreciation for all the effort and sacrifices in the interest of the profession and that of the public. KWAZULU-NATAL LAW SOCIETY PRIZES FOR BEST FINAL YEAR LAW STUDENTS The President thanked LexisNexis Butterworths for their financial contribution towards the awards presented to the best Final Year law students for 2011 at the following Universities: Umesh Jivan presented scrolls and book vouchers to the following candidates: Nontobeko Ngubane, from the Zululand University who was the University's best final

year law student. In her final year she passed with an aggregate of 73%. Imraan Chohan, from the University of KwaZulu-Natal, Pietermaritzburg who was the

University's best final year law student. Mr Chohan completed his LLB degree Summa Cum Laude with an average mark of 86%.

Tatum Govender, from the University of KwaZulu-Natal, Howard College who was

the University's best final year law student. Ms Govender completed her LLB degree Summa Cum Laude.

AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION The President thanked LexisNexis Butterworths for their contribution towards these awards. Ebi Moolla, presented awards for exceptional interest contributions by the Attorneys Fidelity Fund to the following firms in the categories set out below: Categories Name of the Firm Received By Sole proprietor Bala Govender, Pat Naidoo & Co. Mr P. Govender Friedman & Associates Mr Michael Friedman Justice Reichin Ramsamy No representative 2-3 Partners/Directors Sham & Co. Inc. No representative Thorrington-Smith & Silver Mr David Thorrington-Smith A.K. Essack, Morgan Naidoo & Co. Mr Morgan Naidoo 4-6 Partners/Directors Meumann & White No representative

AGM MINUTES - 12 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Easton-Berry Inc. No representative Randles Inc. Mr Gavin McLachlan 7-10 Partners/Directors J. Leslie Smith & Co. Inc. Mr Sandile Ngwenya Mooney Ford Attorneys Mrs Lois Moshal Tatham Wilkes Inc. Mr Nigel Tatham 11+ Partners/Directors Garlicke and Bousfield Inc. Mr Rob Mun-Gavin Shepstone and Wylie Mr Nigel Woodroffe Strauss Daly Inc. Mr Musa Ntsibande PRESIDENT’S REPORT The President handed over the chair to Asif Essa while dealing with his report. The President presented his report, which was set out from pages 19 to 32 of the Council's report for the year 1 July 2011 to 30 June 2012, and which was circulated to members on 21 September 2012. The President stated that it was a privilege to serve the Society and the profession in the capacity of president; it had been a wonderful and fulfilling experience, for which he was grateful. He stated that such issues as the Legal Practise Bill and Competition Commission had been covered by previous speakers and highlighted the following: ATTORNEYS DEVELOPMENT FUND The Fund’s objective was basically to make funds accessible for development of practising attorneys by providing infrastructural technology, that is computers, internet connectivity software, et cetera, resources for establishment and operation of practices to effectively support sustainable growth of their practices, facilitate skills development and skills transfer programmes, and facilitate training programmes for attorneys to utilise infrastructure and resources and also assist via various interventions to better equip attorneys to manage sustainable practices. THE FINANCIAL INTELLIGENCE CENTRE Members were encouraged to register with the Centre as required in terms of the FIC Act; the President drew the Meeting’s attention to the presence of members of staff from the law society available to assist members of the profession to register on-line. THE LIBRARY

AGM MINUTES - 13 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Following the interruption of the service at the Pietermaritzburg Law Library during 2011 as a result of fire damage the library has since been refurbished and has been operational during 2011. A formal reopening ceremony was held on 30 August 2012 where the library was named the E M Ngubane Library in honour of the memory of the late Edward Mvuseni Ngubane who died in May 2012 and who served the profession in various capacities including serving as a councillor of this Society, its President, President of the Black Lawyers Association, Co-Chairperson of the LLSA as well. The library was reopened and the naming plate unveiled by the honourable Justice Gush. The President reported that the Council resolved to name the Durban Library the Victoria & Griffiths Mxenge Library and an official ceremony would be held in due course. SADCLA The KZN Law Society is a member of the SADC Lawyers Association and continues to support and contribute to the efforts of the Association. The President stated that, at the 2012 SADCLA Conference held in Swaziland, the former president of the Society, Mrs Thoba Poyo-Dlwati, ended her term as the President of the SADCLA Lawyers Association. HIGH COURT COMMITTEE The President drew attention to the establishment of an Ad Hoc Committee to deal with developing criteria to be applied to a screening process for those members who made application for acting judicial appointments. This was in response to the Judge President’s request that the Society, as a regulatory body, should provide him with some assistance in order for him to make informed appointments. PRO BONO COMMITTEE The amendment to Rule 27 of the Society’s Rules made the rendering of pro bono service mandatory, which amendments were accepted at the 2010 AGM and thereafter approved by the Chief Justice and published in Government Gazette 35313 of 11 May 2012. Following this publication, the Society approved joint venture pro bono agreements with the Legal Aid South Africa and the Pro Bono.Org, which agreements were officially signed on 30 August this year. THE REFORM AUDIT SUPPORT SYSTEM (RASS)

AGM MINUTES - 14 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- The Fund tabled a proposal to absorb RASS into its’ forensic department in order to ensure its continued operation and funding, to ensure that it is aligned with the Risk Management objectives of the Fund, whilst at the same time separating it from regulatory authority in the interests of good governance. The Council supported this proposal, subject to the Fund liaising with the Society on issues relating to criteria for participation. CONCLUSION The President concluded by thanking Council members for their support during the year, stating that the Council had committed itself to transformation and had also been gender sensitive at all times this past year regarding employment, other appointments and procurement. In addition he thanked the many members of the Society who had willingly volunteered their time to serve the Society, the management team and the staff of the Society for their continued efforts stating that the team is indicative of the Society’s transformation programme. He wished the staff every success in the future and assured them of Council’s continued support. The President stated that it had been a privilege to serve the Society and the profession in the capacity of the President. Discussion: There being no discussion the President’s report was ADOPTED on the proposal of Praveen Sham, seconded by Gavin McLachlan. ANNUAL FINANCIAL STATEMENTS Asif Essa, Chairperson of the Finance Committee, reported on the financial performance of the Society for the period July 2011 to June 2012 and in so doing presented the Annual Financial Statements for the year ended June 2012. The Society’s auditors had qualified the Annual Report on the basis that, in their opinion, the recoverability of the enquiry debtors is doubtful due to the nature of the debtor and the length of time for which the amounts have been outstanding. Enquiry debtors relate to expenditure incurred in the course of pursuing suspension and strike-off applications, the recovery of which is often a slow, arduous process. Essa explained that an errant member may have several applications brought against him over the course of practising and early records have not distinguished one matter from another, nor do errant members make regular payments or payments linked to a specific application. The matters are numerous and span the years for which the Society is in existence, hence the difficulty. Under cover of a separate letter the auditors recommended that a provision for doubtful

AGM MINUTES - 15 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- debts be raised for the remaining enquiry debtors and that thereafter on an annual basis a provision raised on any movement in the enquiry debtors. This would obviously have a significant impact on the net profit of the year in which the initial provision is raised. Council considered the matter at the September 2012 meeting and resolved to accept the auditor’s recommendation and adopt a policy to raise the provisions for doubtful debts. In terms of financial performance, the Society realised a surplus of R210 695 primarily as a result of curtailed expenditure assisted by improved income from investments and the ongoing attempts to collect outstanding subscriptions. The balance sheet of the Society reflects that the Society’s liabilities are adequately covered by its assets, having particular regard to cash and investment holding against paid and other payables. Trade receivables and enquiry debtors will of course be an area which will be carefully looked at in the current financial year on the basis referred to above. Income: Agency Fee, the fee earned on the collection of trust interest to be paid over to the Attorneys Fidelity Fund, is the major source of the Society’s income comprising some 59% of the Society’s total income for the year under review. This income stream, having suffered further decline in 2012 with a 7% decrease from the previous year, is anticipated to decline even further. The Attorneys Fidelity Fund is reviewing its business development strategy to address the issue of the maximisation of trust increase and minimisation of bank charges. Income from investments shows an increase as a result of the broadening of the Society’s investment mandate to include investment in equity in addition to cash investment with banking instructions. The Society has taken a reasonably conservative approach by ensuring that the majority of the managed portfolio is invested in cash. Subscriptions is a second major source of income and despite ongoing attempts to recover subscriptions and the offers to members to have these paid in instalments, the recovery of subscriptions remains an area of concern, so much so that the Council resolved to hand the debt over for collection and errant members will be notified hereof shortly after the annual general meeting. Essa reminded members that the Society is required to pay a capitation levy to the Law Society of South Africa irrespective of whether or not members pay their subscriptions to the Provincial Law Society. Non-payment of subscriptions therefore has a double impact on the Society’s finances. He added that, as reported in previous years, the Society cannot afford not to increase

AGM MINUTES - 16 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- subscriptions annually; it was therefore proposed that subscriptions be increased by an amount of R300 per member for the current year, having regard to the increasing costs, the levies paid in the recent past on behalf of members in respect of the RAF litigation and the relatively low rate levied against our members, as compared to other professions. Expenditure: Essa stated that the policy adopted on expenditure remains the same as in previous years. The operating budget is based on a consideration of the previous year’s expenses with an allowance made for increased costs. Management continue to apply strict controls on expenditure. He stated that he was pleased to report that the operational and administrative expenses were within the budget for the period under review and almost in line with the 2011 expenditure, despite increasing costs, disregarding the contribution of the R5 million to the Attorneys Development Fund and the R2 million recovery on library costs from the AFF. The library, Essa stated, continues to be one of the major items of expenditure and is a matter considered by the Council annually. It is Council’s view that the benefit to our members is worth the expenditure and has become a national resource for all members of the attorneys’ profession throughout the Republic of South Africa. On behalf of the Council, Essa encouraged members to make use of the facilities in the libraries which caters a full suite of electronic publications published by Lexis Nexis, Juta and Sabinet. BUDGET 2013 The budget for 2012 - 2013 was approved by the Council as proposed by the Finance Committee. The said budget anticipated a deficit of approximately R2,3 million. The Income budget was prepared conservatively, given the current economic conditions and the fact that the interest rates are likely to remain the same in the near future and having regard to the recent reduction in the interest rate which will affect agency fees as alluded to earlier. The Expenditure Budget includes a R300 increase on subscriptions; the effect of such an increase being: Pietermaritzburg and Durban from R1 560 to R1 860 plus VAT; country R1 450 to R1 750 plus VAT; and declared members R1 240 to R1 540 plus VAT. Essa thanked Zamasomi Msomi (former Manager: Finance) and the Director, Gavin John, who assumed the responsibility of Manager: Finance following Msomi’s resignation. In conclusion, Essa proposed the approval of the following –

AGM MINUTES - 17 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- Adoption of Annual Financial Statements The Chairperson of the Finance Committee proposed the ADOPTION of the Annual Financial Statements for the year ended 30 June 2012, which was seconded by Eric Zaca. Discussion: The being no discussion the Annual Financial Statements were ADOPTED. Approval of Auditor’s Remuneration The Chairperson of the Finance Committee proposed the PAYMENT of the Auditor's remuneration to Mitchell's Chartered Accountant for an amount of R36 000, which was seconded by Eric Zaca. Discussion: The being no discussion the Auditor’s remuneration was APPROVED. Increase in Subscriptions The Chairperson of the Finance Committee proposed an INCREASE in the subscriptions by R300 per annum for Durban/PMBurg and Country, seconded by Sha Singh.

CURRENT Proposal at AGM for Approval AREA VAT Excl VAT Incl VAT Excl VAT Incl Durban/PMB R1 560 R1 778.40 R1 860 R2 120.40 Country R1 450 R1 653.00 R1 750 R1 995.00 Declared R1 249 R1 413.60 R1 240 R1 413.60

Discussion: The being no discussion the proposed increase of R300 per member per annum was APPROVED. Appointment of Auditors

AGM MINUTES - 18 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- The Chairperson of the Finance Committee proposed the APPOINTMENT of: (1) Mitchell's Chartered Accountant for the auditing of the business books of account;

and (2) Roshan Morar and Associates for auditing the trust interest and curator books of

account and to report to the Attorneys Fidelity Fund. for the 2013 financial year, which proposal was seconded by Eric Zaca. Discussion: There being no discussion hereon, the proposal was ADOPTED. ELECTION OF COUNCIL The President announced that BLA and NADEL constituencies would revert regarding their respective nominees representing the greater Durban, Pietermaritzburg and Country areas until such time the following existing representatives would continue to serve as Councillors: BLA Mrs N.S. Kheswa (Durban) S. Kunene (Pietermaritzburg) M. Neluheni (Newcastle) M.S.O. Nxasana (Durban) E. Zaca (Pietermaritzburg) Mrs T.P. Poyo-Dlwati (alternate member)(Pietermaritzburg) NADEL R.R. Badal (Verulam) M.A.A.S. Essa (Pietermaritzburg) P. Govindasamy (Pietermaritzburg) X. Ntshulana (Port Shepstone) Mrs C. Pillay (Pietermaritzburg) A. Lax (alternate member)(Pietermaritzburg) The Director, Mr Gavin John dealt with the election of Council and reported that, in terms

AGM MINUTES - 19 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- of the elected members for which there are ten positions on the Council: In respect of the Pietermaritzburg area no vote was necessary as there were only three nominations for the three available positions and the following person were therefore duly elected: John Christie Gavin McLachlan Richard Scott Similarly in terms of Country area no vote was necessary as only two nominations were received for the two available positions and the following persons were duly elected: Eric Barry Praveen Sham In respect of the area of Greater Durban for which there were five positions available, six nominations were received, these being: Ms Radhika Gounden Saber Jazbhay Umesh Jivan Ebrahim Moolla Mrs Ashika Ramphal Mrs Manette Strauss The Director stated that this necessitated a vote to which all members were called upon. The Society received a total number of 345 votes, 18 of which were rejected because they were spoilt and 327 legitimate votes were counted. The following members were elected as a result of the voting process: Manette Strauss Saber Jazbhay Ebrahim Moolla Umesh Jivan Ashika Ramphal The Director thanked Ms Radhika Gounden for making herself available for election and wished her well in the future. The President thanked the following scrutineers who spent the best part of the previous day counting the votes in Pietermaritzburg: Sanelisiwe Princess Ngcobo, Karishta Singh and Rachel Clare Townsend.

AGM MINUTES - 20 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- CONSIDERATION OF SPECIAL BUSINESS There was no special business submitted by members. COUNCIL'S MOTION Gavin McLachlan introduced and proposed Motion 1: [ ] Words in bold type in square brackets indicate proposed deletions from the existing

Rules. ____ Words underlined with a solid line indicate proposed insertions in the existing Rules.

MOTION 1: RULE 3: ANNUAL GENERAL MEETINGS Amend Rule 3(c), (e) and (g) as follows: "(c) Notice of every annual general meeting shall be posted via conventional or electronic

means by the Secretary to each member of the Society at least 49 days before the date of the meeting."

"(e) The President's report on the events of the preceding year shall be posted via

conventional or electronic means by the Secretary to each member of the Society at least 21 days before the date of the meeting. The report shall contain or be accompanied by the audited financial statements of the Society, and a list of Councillors indicating the number of meetings attended by each Councillor during the year."

"(g) Notice in writing of any special business which a member wishes to have considered at

the annual general meeting shall be given to the Secretary at least 32 days before the date of the meeting. Such notice shall contain the motion to be proposed. Notice of such special business shall be posted via conventional or electronic means to each member by the Secretary at least 21 days prior to the date of the meeting."

MOTIVATION: As a result of the technological advancement in communication and correspondence via electronic means, and the exorbitant costs related to conventional methods of mailing correspondence, the Society will be able to disseminate information more efficiently and cost effectively via email and posting information on its website. Members still requiring hard copies will be advised via the Society’s Circular that same would be provided upon request.

AGM MINUTES - 21 - 12 OCTOBER 2012 ------------------------------------------------------------------------------------------------------------- McLachlan stated that the proposal is simply to facilitate electronic communication between the Society and its’ members given the advancement in technology and the level of electronic communication generally. McLachlan alluded to the fact that the Council operates using iPads which reduced costs and time. Gavin McLachlan moved for the adoption of the Motion seconded by Mr V. O'Connell. There being no opposition the Motion was CARRIED. GENERAL The Chairperson invited members to raise any matters under general having regard to the fact that no matter so raised could be voted upon. Ms Shah Singh raised concerns about gender issues and gender representation on the Council which concerns were NOTED and agreed with. Asif Essa thanked the President for his leadership during his term of office and for his commitment and tireless effort in exercising his duties and wished him well for the future. CLOSURE The President reminded the meeting of the competitions for lucky draws which were being run, which draws would take place in the adjourning room where all in attendance where invited for refreshments. The President then declared the meeting closed. MINUTES CONFIRMED ON ____________________________ PRESIDENT/CHAIRPERSON 18 October 2013

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ANNUAL GENERAL MEETING : 12 OCTOBER 2012

A T T E N D A N C E S ******************************************************************************** ANTHIA, STAVROS ARCHARY, SHERLAN BAGLEY, LIZA BHIKHA, NARESH A. BLOCH, JEFFREY BOTHA, COLIN BRAMDEO, NADHIRA BROWN, TIM CELE, THANDEKA CHETTY, KASINDREE CHOHAN, IMRAAN CHOWTHEE, RAMIE (ABSA) CURIA, MICHELLE CURLEWIS, LLEWELLYN DADA, NAZEER DALY, VAUGN DE BROGLIO, P.G.D. DE FREITAS, DUARTE DEWES, PAT DLAMINI, B.G. DUBULA, McEBISI DUMA, PHIWA FOBO, MARY MAMOHLAKALA FRANCIS, SIMON FRIEDMAN, MICHAEL GANIE, IQBAL GOPAUL, CHETNA GOUNDEN, CHRIS GOUNDEN, JESSICA GOVENDER, HIRESEN GOVENDER, KRISH GOVENDER, NIRVANA GOVENDER, PERUMALSAMY GOVENDER, TATUM GOVENDER, TRISHEN GRANT, ANTHONY GREYLING, PAULA GUMBI, DUMISANI SIFISO GUMEDE, H.T.M. HARIPERSAD, ASH HAWKEY, KIM HINTSA, DALINKOSI

IRVING, BEDVER ISMAIL, YUSUF JONA, NTOMBIFUTI PRETTY JORDAAN, J. JUGLAL, JAYSHREE KALLIDEEN, ANURADHA KELA, VUYOKAZI KELBE, BYRAN KHAMA, ALGENON T. KISSOONLAL, ANIL KUNENE, STHEMBISO KUSEEAL, D. LE ROUX, LINDY LEE, REDVERS LEMBEDE, THANDAZILE LIASIDES, FREDERIKE LOCKHAT, FARHAD M. LUTHULI, THEMBINKOSI MaCDONALD, RUSSELL MAGWENYANE, THANDEKA G. MAHARAJ, ASHIKA MAHARAJ, NALINI MAHARAJ, SARITA DEVI MAHLOBO, THOKOZANI MANNING, GLEN MANYONI, NANDISA MANZI, THEMBALIHLE T. MASIPA, MOKGERE MBHELE, MDODA E. MBILI, MPENDULO MBILI, THEMBALAKHE McCULLOUGH, MARGARET MEMKA, N. MGOJO, NOSIPO MJWARA, MOSS MKHIZE, HLENGIWE P. MKHIZE, PHILANI R. MKHONZA, SITHEMBISO PRINCE MKHWANAZI, THEMBELIHLE MOHAMED, K. MOKOENA, RAMPELA MOLEFE, MOTLATSI

“A.2” MOLOKO, GEORGE B. MOODLEY, MAGESH MOODLEY, RENELLE MOODLEY, SUE MOONSAMY, MERYL MOSHAL, LOIS MOTALA, MOHAMMED MSIMANG, VUMANI MTHEMBU, VUMANI B. MTHETHWA, SIMO S. MULOVHEDZI, DUDUZILE MUN-GAVIN, ROBIN (NON-MEMBER) MUNG-LEE, HARSHNA MYENI, AYANDA NAIDOO, CYNTHIA NAIDOO, MICHELLE JOHN NAIDOO, MOGANATHAN N. NAIDOO, PRAMASHA T. NAIDOO, SOORIEKUMARIE NARAIN, RAMIAH NATHALAL, R.K. NDLOVU, LIHLE NDLOVU, SAMUKELISIWE N. NGCAMU, SIFISO KHAYELIHLE NGCOBO, BONI NGCONGO, ANDILE NGUBANE, CEBOLENKOSI NGUBANE, NONTOBEKO NGWENYA, PEARL (STAFF) NGWENYA, SANDILE NGXONGO, MENZIES NHLANGULELA, MONDLI NOKIYA, ANDILE NQOKO, MLUNGISI NSIBANDE, MUSA NTANZI, N.S. NYUSWA, ZAMA NZUZA, NOSISA O'CONNELL, VERNON O'DWYER, VERONICA ORI, M.K. PANDAY, NISHANA PARSHOTAM, SURESH PARTAB, SRISH PEREIRA, ROSE PERSAD, VICKE PILLAY, KEEGAN PILLAY, LEON PILLAY, LOGAN PILLAY, S. PILLAY, SUE POYO DLWATI, THOBA

PREM, RESHMA PUNDIT, JAY RABINATH, ANIL RAJARUTHNAM, SUGANDHINI RAMASIR, KISOON RAMJATHAN, PRAVIN RAMNARAIN, PRAVISHA RAMPARARAT, KASHI RAMPERSAD, SHAMIN ROHRS, E.B. SCHAUP, DEON SCHUNFELDT, L.J.A. SEWPERSAD, ASHA SHAIK, VEENA SHEMBE, PHINDA SIMON, LOUIS SINAMA, FEZILE SINGH, ASHIKA SINGH, B.D. SINGH, JAY SINGH, PREETH SINGH, RISHEN SINGH, SHAMILA SINGH, VIREN SINGH, YESTHIEL SIZANI, SOMILA M. SMITH, GUY SMITH, JAMES SMITH, STEPHEN K. STEENKAMP, D.J. STUART-HILL, ROB SWANEPOEL, MICHAEL SWART, NIC SZUDRAWSKI, HANNAH TATHAM, DOUGLAS TATHAM, NIGEL TEMBE, THAMI THORRINGTON-SMITH, DAVID TROTTER, LAWRENCE TUGH, HIMAL VABAZA, CHUMA VEDAN, JERALD VENN, GARNET WALLACE, JOHN WOLFSON, ROY WOMACK, A.J. CATHARINA WOODROFFE, NIGEL ZEILER, ERRYN ZONDI, Z.E. ZONDO, SBI ZWANE, ALPHA C.

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KZN LAW SOCIETY

ANNUAL GENERAL MEETING : 12 OCTOBER 2012

A P O L O G I E S

******************************************************************************** AUDIE, JOE BREEDT, ANNEMARIE ANTOINETTE BRERETON, R. CHUNDER, MEERA (MS) COETZEE, JOHANNES CONRADIE, WIM DRUMMOND, HUGH ESAT, INTIKAB (KABBY) ESSOP, NAHEEM GARDYNE, DAVID GOEBEL, ARNO GRAMKOW, INGRID HANSJEE, BHAUNA HARRISON, DUNCAN HAY, ALASTAIR HUDSON, J. JANKEY, VAUGHN JASAT, NADIRA KITCHING, ANDRÉ KURZ, BRIAN LANDMAN, LUCAS LE ROUX, MICHELLE LEE, CHRIS LEITCH, RAY AILEEN LEWIS, B. LEWIS, BARRY LINDSAY, ADRIAN LISTER, RICHARD MANILALL, ANIL MATHER, ASHRAF MBUYISETO, JULY McGLASHAN, GORDON McKEOWN, MALCOLM MDLETSHE, VICTOR MEHTAR, SHOIAB MILLAR, MERVYN MONK, ROY MOORE, RORY M.P. MSOMI, MARTIN SIFISO NDLOVU, VUSI J.

NGCOBO, SANELISIWE NIRHOO, ARSHANA NXUMALO, THEMBE NZIMANDE, SIBANI OOSTHUIZEN, RENATA PANNALALL, NETISHA POSEMANN, MICHAEL POTGIETER, JAN PRETORIUS, F.B. PRETORIUS, NEVILLE PUNDIT, ASHOK KUMAR PUNDIT, PRISCILLA QUERIPAL, ROBYN RAMASAR, R. RÖMER, MARIA RÖMER, MICHAEL SAGE, JENNY SAHADEW, RITA SHAPIRO, HAROLD M. SINGH, ARVIN SINGH, INDIRA SINGH, KARISHTA SITHAPERSAD, WHYONA SMITH, CATHY SMITH, JERRY SMITH, WARREN SOBEY, R.F. STRAUSS, GAYLYN STRETCH, RICHARD SWANEPOEL, IVAN THORNHILL, R. TOWNSEND, RACHEL VAN WALSEM, MARYKE VOGEL VAN DER SANDT, JEANNE WALSH, PHILIP MICHAEL WILLIAMS, M.D. WRIGHT, GRAHAM WRIGHT, LAWRIE YARKER, GEORGE