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 2014 to 30th June 2015

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To be presented at the

ANNUAL GENERAL MEETING

of the Society to be held at

COASTLANDS UMHLANGA HOTEL, 329 UMHLANGA ROCKS DRIVE,

DURBAN

On

Friday, 16 October 2015

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

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) 3011-621 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: 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: Mitchell's Chartered Accountant

Curator and Trust Accounts Audit:

Roshan Morar & Associates

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MEMBERS OF THE KZNLS COUNCIL:

M. STRAUSS, President (Durban) E.R. BARRY, Vice-President (Port Shepstone)

M.A.A.S. ESSA, Vice-President (Pietermaritzburg) N.S. KHANYILE-KHESWA, Vice-President (Durban)

P. SHAM, Vice-President (Stanger) R.R. BADAL, Verulam

J.O. CHRISTIE, Pietermaritzburg L. ELLISON, Durban (1.10.2014 to 31.03.2015)

P. GOVINDASAMY, Pietermaritzburg S.A. JAZBHAY, Durban

U. JIVAN, Durban (1.07.2014 to 30.09.2014) & (from 1.04.2015) G.J. McLACHLAN, Pietermaritzburg

E.A. MOOLLA, Chatsworth M. NELUHENI, Newcastle

X. NTSHULANA, Port Shepstone V.R.D. O'CONNELL, Durban

L.C. PETER, Durban C. PILLAY, Pietermaritzburg

R.N. SCOTT, Pietermaritzburg P.F.D. TAKALO, Pietermaritzburg

E.B. ZACA, Pietermaritzburg

DIRECTOR G.M. JOHN

MANAGER: REGULATORY AFFAIRS P. MFUSI

MANAGER: BUSINESS DEVELOPMENT R. SINGH

DEPUTY MANAGER: REGULATORY AFFAIRS N. HARRIPERSAD

PRACTISE SUPPORT OFFICER C. NAIDOO

MANAGER: FINANCE T. ZONDI

MANAGER: CORPORATE SERVICES R. GUNPATH

CHIEF LIBRARIAN S.T. NGCOBO

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KZNLS MEMBERS WHO SERVE ON THE COUNCIL OF THE LAW SOCIETY OF SOUTH AFRICA: M. Strauss (President – Ex Officio) R.N. Scott (Co-Chair) K. Govender (NADEL) N.E. Memka (BLA) H. Munglee (NADEL) G.M. John (KZNLS Director) KZNLS MEMBERS WHO SERVE ON STANDING COMMITTEES & GOVERNANCE COMMITTEES OF THE LAW SOCIETY OF SOUTH AFRICA (LSSA): STANDING COMMITTEES: Alternative Dispute Resolution - M.F. Bulbulia (Durban) Company Matters - U. Jivan (Durban)

- P.S. Hay (alternate)(Pietermaritzburg) Competition Committee - G. Gow (Durban) - H. Goga (NADEL)(Durban) - E.M. Mbhele (BLA)(Pinetown) - H.J. Stephenson (alternate)(Durban) - L.C. Peter (alternate)(BLA)(Durban) Constitutional Affairs & - S.A. Jazbhay (Durban) Human Rights - X. Ntshulana (alternate)(NADEL)(Port Shepstone) Contingency Fees Committee - P. Govindasamy (Pietermaritzburg) Costs Committee - M.A.A.S. Essa (NADEL)(PMBurg)(Chairperson) Criminal Law - No representative Deceased Estates, Trusts - H. Goga (NADEL)(Durban)(Chairperson) & Planning - P.S. Hay (Pietermaritzburg) E-Law - G.J. McLachlan (PMBurg)(Chairperson) - I. Lax (NADEL)(Pietermaritzburg)

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Environmental Affairs - N.L. Brauteseth (Durban) - I. Lax (NADEL)(Pietermaritzburg)

Ethics - K. Govender (NADEL)(Durban)(Chairperson)

- J.O. Christie (Pietermaritzburg) Examinations - A.H. Trikamjee (Durban) - I. Lax (NADEL)(Pietermaritzburg)

- K. Seegobin (Pietermaritzburg) (Convenor Notarial Examinations) - S.P. Mncwango (alternate)(BLA)(Durban) - G.M. John (KZNLS Director)

Family Law - S.W. Abro (Durban)(Chairperson) Financial Intelligence Centre Act - P. Sham (Stanger) Gender Equality - S.W. Abro (Durban)(Chairperson) High Court Matters - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - U. Jivan (Durban) Immigration & Refugee Law - S. Lockhat (Durban) Insolvency & Liquidation Matters - E.A. Moolla (Chatsworth) Intellectual Property Law - J.H. Senekal (Durban)(Deputy Chairperson) Joint Committee of Attorneys - M.I.A. Ganie (Pietermaritzburg)(Chairperson) and Accountants - M.A.A.S. Essa (NADEL)(Pietermaritzburg) - T. Zondi (KZNLS Finance Manager) Joint LSSA/AFF GATS - M.I.A. Ganie (Ex Officio: IBA Councillor)(PMBurg) (inc Foreign Qualifications) Labour Law - P.R. Hobden (Pietermaritzburg) Legal Aid - N.E. Memka (BLA)(Pietermaritzburg)(Chairperson) Legal Provident Fund - I. Lax (NADEL)(Pietermaritzburg) - G.M. John (KZNLS Director) Liquor Matters - B. Kruger (Greytown)

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Magistrates' Court Committee - P. Sham (Stanger)(Deputy Chair) - T.A. Tembe (BLA)(Durban)

Practice Development - P. Sham (Stanger)(Chairperson) - H. Munglee (alternate)(NADEL)(Pietermaritzburg) - R. Singh (KZNLS Employee Representative) Pro Bono Committee - I. Lax (NADEL)(Pietermaritzburg) - P. Govindasamy (Pietermaritzburg) - R. Gunpath (KZNLS Pro Bono Co-ordinator) Property Law - J.O. Christie (Pietermaritzburg)

- H. Goga (NADEL)(Durban) - K. Peter (BLA)(Durban) - K.G. Mustard (alternate)(Pinetown)

Personal Injury Committee - No representative Small Claims Court - No representative Tax Matters & Exchange Control - M.I.A. Ganie (NADEL)(Pietermaritzburg) GOVERNANCE COMMITTEES: Directors Committee - G.M. John (KZNLS Director) - H. Munglee (NADEL)(Pietermaritzburg) Audit & Remuneration Committee - A.H. Trikamjee (Durban)(Chairperson) (ex FINCOM) (ARC) - R.N. Scott (Co-Chair: Ex Officio)(PMBurg) Joint AFF/LSSA 46(b) Committee - A.H. Trikamjee (LSSA Fincom Chair)(Durban) (not a LSSA Standing Committee) Legal Education Standing Committee - A.H. Trikamjee (Durban) - - R.R. Badal (NADEL)(Verulam)(Chairperson) Management Committee - K. Govender (NADEL)(Durban) - R.N. Scott (Co-Chairperson)(PMBurg) - N.E. Memka (BLA)(Durban) Competition Commission Task Team - K. Govender (Durban) Constituent Members - G. John (KZNLS Director)

- H. Munglee (NADEL)(Pietermaritzburg)

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KZNLS MEMBERS WHO SERVE ON THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: N.S. Khanyile-Kheswa (BLA)(Chairperson) P. Govindasamy (NADEL) E.A. Moolla (non-BLA/NADEL) E.R. Barry (non-BLA/NADEL) R.R. Badal (alternate) (NADEL) S.A. Jazbhay (alternate) (non-BLA/NADEL) KZNLS MEMBERS WHO SERVE ON THE COMMITTEES OF THE BOARD OF CONTROL OF THE ATTORNEYS FIDELITY FUND: Audit & Compliance Committee: E.A. Moolla. Bursary Committee: M.A.A.S. Essa (NADEL). Executive Committee: N.S. Kheswa (BLA). Finance Committee: E.R. Barry. Grants to Universities: P. Govindasamy (NADEL). Investment Committee: M.I.A. Ganie (NADEL)(Chairperson) & E.A. Moolla. Policy / Governance Committee: No representative. Remuneration Committee: E.A. Moolla (Chairperson). Risk Committee: E.R. Barry (Chairperson) & R.R. Badal. Treasury Committee: M.I.A. Ganie (Chairperson) & Professor S. Perumal (Specialist: University of KZN).

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KZNLS MEMBERS WHO SERVE ON VARIOUS OTHER COMMITTEES: Board of the Attorneys Development Fund: Primary KZN Member: G. McLachlan Alternate: D. Takalo Board of Directors: Attorneys’ Insurance Indemnity Fund: E.A. Moolla & M.A.A.S. Essa (NADEL). LSSA Representative on Judicial Services Commission: E.R. Barry (alternate). KZN Sheriffs Advisory Board: E.R. Barry (Vice-Chairperson). School of Law Advisory Committee: G. McLachlan & F. Mohammed. Sectional Titles Schemes Management Advisory Council: J. Christie & H. Goga. National Forum on the Legal Profession: K. Govender (NADEL), M. Strauss & Professor Managay Reddi.

THE VARIOUS STANDING COMMITTEES OF THE KZNLS COUNCIL:

Executive Committee: M. Strauss (non-NADEL/BLA) (President) E.R. Barry (non-NADEL/BLA) (Vice-President) M.A.A.S. Essa (NADEL) (Vice-President) N.S. Khanyile-Kheswa (BLA) (Vice-President) P. Sham (non-NADEL/BLA) (Vice-President)

KZNLS COMPLAINTS COMMITTEES: Complaints Committee No. 1 (Litigation): P.F.D. Takalo (Chairperson), U. Jivan, N. Essop & M. Essack.

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Complaints Committee No. 2 (Port Shepstone): E.R. Barry (Chairperson), X. Ntshulana, A.D. Ramasar & P. Preston. Complaints Committee No. 3: P. Sham (Chairperson), P. Govindasamy, A. van Lingen & F. Leppan. Complaints Committee No. 4: S.A. Jazbhay (Chairperson), M.A.A.S. Essa, N. Goodway & P. Dabideen. Complaints Committee No. 5: L.C. Peter (Chairperson), C. Pillay, C. Havemann & A. Arnott. Complaints Committee No. 6: R.R. Badal (Chairperson), M. Strauss, A. Myeni & A. Sewpersad. Complaints Committee No. 7: E.A. Moolla (Chairperson), E.B. Zaca, G. Pentecost & S. Taverner. Complaints Committee No. 8 (Conveyancing): G.J. McLachlan (Chairperson), J.O. Christie, A.G. Hartley & G. Duvenage. Complaints Committee No. 9 (RAF): N.S. Khanyile-Kheswa (Chairperson), R.N. Scott, N. Mnculwane & R. Ramkhelawan. Complaints Committee No. 10: V.R.D. O'Connell (Chairperson), M. Neluheni, R. Hoal & R. Jenkins. Audit Reports Complaints Committee No. 1: S.A. Jazbhay (Chairperson) & R.N. Scott. Audit Reports Complaints Committee No. 2: V.R.D. O'Connell (Chairperson) & M.A.A.S. Essa. Audit Reports Complaints Committee No. 3: N.S. Khanyile-Kheswa (Chairperson) & J.O. Christie. Audit Reports Complaints Committee No. 4: E.A. Moolla (Chairperson) & E.B. Zaca. Audit Reports Complaints Committee No. 5: M. Neluheni (Chairperson) & P. Sham.

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Non-Response Complaints Committee No. 1: C. Pillay (Chairperson) & U. Jivan. Non-Response Complaints Committee No. 2: P.F.D. Takalo (Chairperson) & E.R. Barry. Non-Response Complaints Committee No. 3: X. Ntshulana (Chairperson) & R.N. Scott. Non-Response Complaints Committee No. 4: L.C. Peter (Chairperson) & G.J. McLachlan. Non-Response Complaints Committee No. 5: R.R. Badal (Chairperson) & M. Strauss. Estates Complaints Committee No. 1: E.A. Moolla (Chairperson), A.G. Jenkins & L.C. Peter. Estates Complaints Committee No. 2: R.R. Badal (Chairperson), L.K.T. Mehta & M.M. McCullough. Judges Complaints Committee (Durban): L.C. Peter (Chairperson), S.A. Jazbhay, V.R.D. O'Connell & R.R. Badal. Judges Complaints Committee (Pietermaritzburg): P. Govindasamy (Chairperson), E.B. Zaca, G.J. McLachlan, M.A.A.S. Essa & P.F.D. Takalo. Special Complaints Committee (Complaints about Councillors' Conduct): M.I.A. Ganie (Chairperson), T.A. Ngxingweni, C. Ngidi & M.Y. Baig.

KZNLS STANDING COMMITTEES: Alternatives for Councillors: Statutory Alternate: Russell Frank Sobey. NADEL Alternate: Ilan Lax. BLA Alternate: Sthembiso Kunene. Alternate Dispute Resolution Committee: S.A. Jazbhay, A. Sewpersad, M. Essack, P.F.D. Takalo & M.F. Bulbulia. Invitees to Committee: P. Dewes & C. James.

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Assessment Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, C. Pillay, S.A. Jazbhay & U. Jivan. Attorneys' Association Affairs Committee: J.O. Christie (Chairperson), A.G. Jenkins, A. Singh & M. Neluheni. Company, Tax and Commercial Committee: E.A. Moolla (Chairperson), U. Jivan, C. Ngubane & R. Naidoo (Rajan). Competition Law Committee: James Mphela (BLA), Rajan Naidoo (NADEL), U. Jivan & P.C.E. Andrew. Contingency Fees Committee: P. Govindasamy (Chairperson), M. Nxumalo & J.M. White. Criminal Law and Procedure Committee: E.B. Zaca (Chairperson), R.M. Ramkhelawan, J. Reddy, A. Chetty & H. Munglee. Environmental Affairs Committee: I. Lax (Chairperson), N.L. Brauteseth, K. Krishna & M.C. Brouckaert. Examining Committee: P. Govindasamy (Chairperson), R.R. Badal, J.O. Christie, M.A.A.S. Essa, R. Scott, P.F.D. Takalo, C. Pillay, G.J. McLachlan, P. Sham & E.B. Zaca. Family Law & Gender Committee: C. Pillay (Chairperson), S.A. Jazbhay, S.W. Abro, M.O.R. Meiring, Mohammed Essack, P.F.D. Takalo, J.A. Russell Maharaj & A. Sewpersad. FICA Committee: G.J. McLachlan, P. Sham, S. Kunene, S. Meersingh, Director & Manager: Business Development. Finance Committee: M.A.A.S. Essa (Chairperson), R.R. Badal, J.O. Christie, P. Govindasamy, R. Scott, P.F.D. Takalo, C. Pillay, P. Sham, E.B. Zaca, G.J. McLachlan & E.A. Moolla (Chairperson of the Investment Committee). High Court Committee: R.N. Scott (Chairperson), M.A.A.S. Essa, R.R. Badal, P. Sham, P. Marimuthu, M. Nxumalo, G.L. Seethal, L.C. Peter, U. Jivan & Justice G.N. Kruger (representing the JP).

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Human Resources Committee: R.N. Scott (Chairperson), P. Govindasamy, C. Pillay, P.F.D. Takalo, E.B. Zaca, X. Ntshulana, P. Sham, E.R. Barry & V.R.D. O'Connell. Human Rights & Constitutional Development Committee: R.R. Badal (Chairperson), S.A. Jazbhay & T.A. Ngxingweni. Information Technology Committee: G.J. McLachlan (Chairperson), N. Ebrahim Essop, V.R.D. Ô'Connell, G.M. John (Director), K. Basson (I.T. Administrator) & M. Bruce (Website Administrator). Investment Committee: E.A. Moolla (Chairperson), M.A.A.S. Essa (Chairperson of the Finance Committee), P.F.D. Takalo, P. Hay, Steven Ikin, T. Zondi (Manager: Finance) & G.M. John (Director). Labour Law Committee: R.N. Scott (Chairperson), P.R. Hobden, R.D. Haslop, P.O. Jafta, A. Sewpersad & A. Dorasamy. Legal Aid Committee: R.R. Badal (Chairperson), P. Sham, S.G. Nzimande & M. Memka. Legal Education Committee: R.R. Badal (Chairperson), S. Kunene, J.O. Christie & P. Sham. Library Committee: G.J. McLachlan (Chairperson), C. Pillay, P. Sham, E.A. Moolla, I. Blose, H. Munglee, G.M. John (Director), PMBurg Librarians & Durban Librarians. Magistrates' Court Committee: R.H. Whitehorn (Chairperson), A. Haripersad, R. Bandulal, P. Sham, T.A. Tembe, P.P. Fakude, Deshan Naidoo & U. Jivan. Notarial Committee: J.O. Christie (Chairperson), M.D. Mistry, M. Strauss & N.M. Phungula. Practice Management Appeals Committee: EXCO Practice Management Exemption Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, C. Pillay, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Manager: Business Development - Ex Officio) & C. Naidoo (Practice Support Officer – Ex Officio).

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Practice Support Committee: P. Sham (Chairperson), M.I.A. Ganie, X. Ntshulana, C. Pillay, H. Munglee, S. Kunene, R.R. Badal, R. Singh (Manager: Business Development - Ex Officio) & C. Naidoo (Practice Support Officer – Ex Officio). Pro Bono Committee: P. Govindasamy (Chairperson), J.A. Russell Maharaj, R. Madzhiye, C. Pillay, N. Dwarika, I. Lax & R. Gunpath (Manager: Corporate Services – Ex Officio). Property Law Committee: J.O. Christie (Chairperson), M. Gumede, K. Gcolotela-Peter, H. Goga, R.S. Green, K.G. Mustard, M.S. Msomi & R.R. Badal. Public Law and Local Government Committee: X. Ntshulana (Chairperson), M. Francis, V. Kela & V. Nkosi. RAF Committee: M. Neluheni (Chairperson), P. Govindasamy, K.A. Cohen & M.H. Friedman. Rules & Ethics Committee: P. Sham (Chairperson), R.R. Badal, D.H.F. Vercuil, M. Neluheni, L.C. Peter & S. Keshav. Sheriffs' Matters Committee: E.R. Barry (Chairperson), T. Tembe & P.F.D. Takalo. Small Claims Court Committee: S.N. Chetty (Chairperson), R.R. Badal, E.R. Barry, D. Fonseca & W.G.S. Shabalala.

THE VARIOUS AD HOC COMMITTEES OF THE KZNLS COUNCIL: Ad Hoc Complaints Committee: O.D. Hart & C.T.H. James. Councillor Costs Committee: Burt Laing, Paul Hay & Lalit Mehta. Committee to consider Acting Judicial Appointments: M.A.A.S. Essa (Chairperson) & K. Govender (NADEL), C. Ngidi & M. Nxumalo (BLA), E.R. Barry, P. Sham, R.N. Scott & Mr S.A. Jazbhay (non-BLA/NADEL).

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School for Legal Practice in Durban:

Executive Committee Members: Fahreen Kader (Director) R.R. Badal (NADEL) L.C. Peter (BLA) S.A. Jazbhay (non-NADEL/BLA)

Board of Control Members: S.A. Jazbhay & U. Jivan (non-NADEL/BLA). R.R. Badal (NADEL). L.C. Peter (BLA).

THE VARIOUS LIASON COMMITTEES OF THE KZNLS COUNCIL: Advocates and Attorneys Liaison Committee:

Attorneys: M.A.A.S. Essa (Chairperson), P. Sham, U. Jivan, R.N. Scott & L.C. Peter.

Advocates: M.G. Roberts SC (PMBurg), A.M. Annandale & D. Pillay. G.M. John (Director - Ex-Officio) High Court Liaison Committees with Registrars: Durban: U. Jivan & V.R.D. O'Connell. Pietermaritzburg: M.A.A.S. Essa & C. Pillay. Master's Office Liaison Committee in Insolvency/Trusts/Estates Matters:

Durban: E.A. Moolla (Chairperson), H. Goga & R.R. Badal & Durban Master. Pietermaritzburg: M.E. Cajee, A.G. Jenkins, M.M. McCullough, S. Kunene, G.J. McLachlan, P.S. Hay & PMBurg Master. Media Liaison Committee: EXCO Property Law Liaison with Deeds Office Committee: D.S. Harrison, S. Dasrath, J.O. Christie, P.F.D. Takalo & Ravesh Padayachee. Provincial Efficiency Enhancement Committee: P. Govindasamy, M.A.A.S. Essa, L.C. Peter & U. Jivan.

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PANELS OF EXAMINERS: Practice, Procedure and Bookkeeping: Durban: A.H. Trikamjee (Convenor), M.H.G. McKenna, V.S. Rajah, S.C. Dlomo (until September 2015), Madam Justice N.H. Radebe, G.A. Pentecost, E.P.M. Radebe, M.B.S. Masipa & M.L. Pillay. Pietermaritzburg: S.N. Chetty (Convenor), P. Govindasamy, M.I.A. Ganie, K.S. Chetty, P.S. Hay, M. Dorasamy, E.B. Zaca & P.N. Stilwell. Notaries: S. Dasrath (Convenor), M.P. Maphumulo, J.O. Christie, L.M. Phungula & H. Goga & K.K. Seegobin (until January 2015). Conveyancers: K.K. Seegobin (Convenor), K. Gcolotela-Peter, R.R. Badal, N.N. Mgojo, J.O. Christie, H. Goga, D.S. Harrison & L.K.T. Mehta. COUNCIL MEETINGS: Attendances: Number of Meetings Attended:

Messrs: Present Out of Apologies

R.R. Badal 12 12 E.R. Barry 10 12 2 Leave of Absence J.O. Christie 10 12 2 Leave of Absence M.A.A.S. Essa 12 12 L. Ellison 6 7 1 Excused Absence P. Govindasamy 10 12 2 Leave of Absence S.A. Jazbhay 8 12 4 Leave of Absence U. Jivan 4 5 1 Leave of Absence N.S. Khanyile-Kheswa 11 12 1 Leave of Absence G.J. McLachlan 11 12 1 Excused Absence E.A. Moolla 12 12 M. Neluheni 10 12 2 Leave of Absence X. Ntshulana 6 12 6 Leave of Absence V.R.D. O'Connell 11 12 1 Leave of Absence L.C. Peter 12 12 C. Pillay 11 12 1 Leave of Absence R.N. Scott 11 12 1 Excused Absence P. Sham 12 12 M. Strauss 10 12 2 Leave of Absence P.F.D. Takalo 10 12 2 Leave of Absence E.B. Zaca 11 12 1 Leave of Absence Alternates: R.F. Sobey 3 3 Non-NADEL/BLA I. Lax 1 1 NADEL U. Jivan 3 3 Non-NADEL/BLA

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STATISTICAL INFORMATION: 2015 2014 2013 2012 2011 Membership: Total 3,171 3,034 2,937 2,862 2,817 Pietermaritzburg 502 482 469 453 435

Durban 1,203 1,114 1,153 1,156 1,190 Country 1,445 1,409 1,294 1,243 1,108 Declared Members 21 29 21 10 84

Practising Firms: Total 1,774 1,703 1,677 1,655 1,602

Pietermaritzburg 219 211 196 190 180

Durban 704 652 667 665 643

Country 851 840 814 800 779

Subscriptions: R R R R R Pietermaritzburg & Durban 2,348 2,291 2,120 1,778 1,436 Country 2,348 2,166 1,995 1,653 1,311 Declared Members 1,641 1,585 1,414 1,414 1,072 Gross Income 18,016,166 17,285,944 14,127,156 12,809,179 12,747,828 Gross Expenditure 15,573,726 14,047,180 10,931,657 12,598,214 15,366,086 Surplus (Deficit) 2,442,240 3,238,764 3,195,499 210,965 (2,618,258)

Capitation Levy to: Law Society of South Africa 1,144,180 1,115,680 1,053,360 1,038,540 902,500 Agency Fee: On interest received on behalf of Fidelity Fund 6,972,900 5,798,982 5,214,445 6,649,958 7,107,490 The above as % of gross income

39%

34%

37%

52%

56%

2015 2014 2013 2012 2011 Admissions during the year: Attorneys 306 301 274 286 241 Conveyancers 15 29 17 11 9 Notaries Public 12 8 6 10 9 Re-Admissions as Attorneys: 0 2 1 3 3 Candidate Attorneys: Total Articles/Contracts registered 469 393 416 399 390 Cessions registered 29 67 65 25 45 Articles cancelled (not terminated) 69 46 21 13 14

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2015 2014 Attorneys from Other Provinces Enrolled in KZN: 18 20 Attorneys' Names Removed from Roll, at Own Request: 12 11 PRACTISING ATTORNEYS WHO HAVE PASSED AWAY: 2014/09/20 Blessing Nkosinathi Siyabonga Khanyile 2014/12/06 Zenza Moris Shabalala 2015/01/01 Sipho Sikhumuzo Ngema (candidate attorney) 2015/01/11 Ameerchand Singh 2015/02/14 Willem Johannes Marthinus Conradie 2015/05/19 Sharlene Mary Batchelor 2015/08/10 Jayprakash Pundit 2015/08/30 Refuge Nhlanhla Msane EXAMINATION RESULTS:

Practice, Procedure and Bookkeeping:

August 2014 Part 1 Part 2 Part 3 Part 4 Totals Entered 379 341 460 388 1568 Wrote 356 318 420 350 1444 Passed 291 204 269 319 1083

February 2015 Part 1 Part 2 Part 3 Part 4 Entered 241 365 383 283 1272 Wrote 221 335 338 246 1140 Passed 167 212 271 185 835

Conveyancing: September 2014 May 2015 Entered 152 119 271 Wrote 106 86 192 Passed 6 6 12

Notaries: October 2014 June 2015 Entered 61 43 104 Wrote 46 25 71 Passed 7 3 10

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LIFE MEMBERSHIP AWARDS:

The Council has awarded Life Membership to the following persons for 50 years of dedicated practice as Attorneys:

Ian Elemans van Rooyen, admitted on 6 May 1963. Michael George Hands, admitted on 16 February 1965. Robert Findlay White, admitted on 28 May 1965. KZNLS PRIZES AWARDED TO UNIVERSITY STUDENTS:

The Council has awarded prizes for the best final-year law students for the year 2014 at the following Universities mentioned below:

University of KwaZulu-Natal, Pietermaritzburg – Callum Brent Cox. University of KwaZulu-Natal, Durban – Musa Kika. University of Zululand – Bonginhlanhla Eric Mbokazi. AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION:

The Council has 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 Sole proprietor Justice Reichin Ramsamy Friedman & Associates Bala Govender, Pat Naidoo & Co. 2-3 Partners/Directors Booysen & Co. Inc. Thorrington-Smith & Silver Askew Martin & Adrain Inc. 4-6 Partners/Directors Meumann White Larson Falconer Hassan Parsee Inc. Randles Inc. 7-10 Partners/Directors Mooney Ford Attorneys J. Leslie Smith & Co. Inc. J.H. Nicolson, Stiller & Geshen 11+ Partners/Directors Strauss Daly Inc. Garlicke and Bousfield Inc. Shepstone and Wylie Attorneys

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PRESIDENT'S ANNUAL REPORT FOR THE YEAR 1 JULY 2014 TO 30 JUNE 2015

A. GENERAL

INTRODUCTION We continue to face challenges as the organised profession, through changing legislation, the unpredictability of the social and economic climate, and the need to re-engineer and restructure our practices in order to adapt to this continual change - all of which has an impact in one way or another on the operation of the Society. By way of example, as our membership increases so does the burden of the Society’s administration and regulation, and as legislation changes so the Society must adapt too. Where necessary it must implement processes for the management, monitoring and regulating of these changes. Apart from the tests facing the profession, in a broader context we continue to face social challenges, notably the xenophobic attacks on foreign nationals, resulting in the loss of life. It remains our responsibility to advocate in matters of human rights and human dignity. Against this ever-evolving backdrop we endeavour to fulfil our responsibilities as best we can, and so it is with great pleasure that I report on the activities of the Council for the year under review.

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LEGAL PRACTICE ACT The major change facing the profession is the Legal Practice Act. Having been on the cards for a very long time, it is now a reality, with Parts 1 and 2 of Chapter 10 having come into operation on 1 February 2015. This signalled the commencement of the transitional phase, wherein the National Forum on the Legal Profession (NF), in liaison with various stakeholders, establishes a framework for the future governance of the legal profession under the Legal Practice Council (LPC). The provisions of the Attorneys Act 53 of 1979 will remain in force and the four statutory provincial law societies remain the regulatory bodies for the attorneys' profession until the LPC comes into being within the next three years.

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The NF is to make recommendations to the Minister within 24 months on various aspects, inter alia election procedures for the LPC, the establishment of Provincial Councils, practical vocational training requirements for the purpose of admission as a legal practitioner etc. The attorneys’ profession is represented on the NF by Max Boqwana (Deputy Chairperson), Krish Govender, Jan Maree, Martha Mbhele, Janine Myburgh, Lutendo Sigogo, Jan Stemmett and Manette Strauss. The first meeting of the National Forum (NF) took place on 31 March 2015 at which Adv Kgomotso Moroka SC and Max Boqwana were appointed Chairperson and Deputy Chairperson respectively. The NF has established four working committees, namely Administration and Human Resources, Governance, Education and Standards, and Rules and Code of Conduct. The Law Society of SA (LSSA) has aligned its working committees with those of the NF in order to prepare representatives to easily filter information from the profession into the National Forum. The National Forum will be housed in the same building as the South African Law Reform Commission. Members will hear more about the work of the NF via a separate presentation at the Annual General Meeting.

VOLUNTARY ASSOCIATION FOR LEGAL PRACTITIONERS The profession has been giving consideration to the establishment of a voluntary association to deal with matters of a trade union nature and any other matters of interest and import to the attorneys’ profession which are not catered for under the Legal Practice Act. To this end the LSSA has formulated a concept document for consideration and produced a brochure explaining the necessity for such an association, emphasising the critical points of the concept document and the potential shortcomings created by the Legal Practice Act; this brochure was electronically circulated to members for comment!

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UNIFORM NATIONAL RULES The Judges-President of all Divisions have approved the Uniform Rules; the approval of the Chief Justice is outstanding in respect of the Free State Law Society and the Law Society of the Northern Province. The directorate of the law societies agree that, assuming the Chief Justice approves all four submissions, the date for implementation will be 1 March 2016, to coincide with the year-end and to provide sufficient time for statutory societies to ensure that all processes are ready to accommodate the new dispensation.

ATTORNEYS FIDELITY FUND MATTERS While a comprehensive report will be given at the Annual General Meeting by a representative from the Attorneys’ Fidelity Fund (AFF) I wish to bring to members’ attention the following important matters: Compulsory Support Programme

The Reform Audit Support System ceased operation in January 2015 and the Fund is currently completing final inspections. The Compulsory Support Programme, a risk management programme for all new firms, commenced on 1 January 2015. The programme is intended to be a national programme but is currently operational only in KwaZulu-Natal with 82 firms participating. The Society and the AFF continue to liaise and support various risk management initiatives. To this end the Society has included the AFF forensic team on Society inspections on several occasions. Business Development The Fund’s management proposed that the business development processes be absorbed into the Fund’s structures and this was agreed with the provincial law societies, the takeover officially effective on 1 May 2015.

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Automation of Fidelity Fund Certificates The AFF and provincial law societies are currently developing an electronic platform for on-line application for a Fidelity Fund Certificate. Members will be given an explanatory communiqué timeously but must be aware that this system will be the compulsory method of application. The AFF and the provincial law societies will arrange physical and telephonic assistance. It is anticipated that the “go-live” date will be 1 October 2015. Mandatory Monthly Interest Payments Members are reminded that the exemption from the mandatory monthly payment of trust interest expires on 28 February 2016. Please therefore ensure that you have the necessary processes in place to comply with the requirement for the monthly payment of trust interest with effect from 1 March 2016. Members who have not as yet made such arrangements should consult the Business Development department for assistance.

ATTORNEYS DEVELOPMENT FUND (ADF) Members are encouraged to make use of the facilities offered by the Fund should they qualify to apply for same. To this end the Society has provided a link on its own website to that of the ADF.

FINANCIAL INTELLIGENCE CENTRE ACT In terms of the Memorandum of Understanding entered into with the Financial Intelligence Centre, the Society continues to carry out its supervisory duties. Member firms, which are Accountable Institutions, are to ensure compliance with the requirements of the Act. The format of the Trust Audit Report has been amended to include a statement by the auditor on the FIC Act status and compliance of attorney firms. The Society will have to inspect those member firms that are reported to be non-compliant.

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Currently, the Society has 1 779 firms registered on its database, of which 578 firms are not registered. Member firms are constantly reminded to ensure that the Act is fully complied with as possible sanctions for non-compliance range from a reprimand to the imposition of a fine. Member firms are also encouraged to regularly visit the Centre’s website at www.fic.gov.za for updates and communication on the relevant sections of the Act, as well as proposed dates for the Centre’s road-show presentations in each province. The Society urges all member firms to ensure that they are registered and to contact the Business Development department should they require assistance.

LIBRARY SERVICES The library continues to provide a valuable service to members nationally and has established itself as a national resource library. As part of an awareness campaign around the library’s benefits the Society has arranged workshops nationally, in association with the Attorneys Development Fund and the Attorneys Indemnity Insurance Fund. To date workshops have been held in Limpopo Province, Potchefstroom and Umtata and these have been well attended with a keen interest shown in the services available. The Society records its gratitude to the Attorneys Fidelity Fund for its funding contribution towards the escalating costs of operating the library. We encourage the use of the library and the substantial resources that we continue to invest in and make available to members.

SADC LAWYERS ASSOCIATION (SADCLA) The Society is a proud member of this Association and continues to support and contribute to the efforts of the Association. The Society continues to sub-vent the cost of the attendance of a significant delegation of Councillors to the Annual Conference, with 12 Councillors attending the 2015 Annual Conference held in Dar Es Salaam, Tanzania from 20-23 August 2015. The 2016 Annual Conference and General Meeting will be held in Cape Town.

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PROVINCIAL EFFICIENCY ENHANCEMENT COMMITTEE (PEEC) The Chief Justice initiated the establishment of a National Efficiency Enhancement Committee which provides a forum for all stakeholders to improve the efficacy of current Court processes in the interest of dispensing justice expeditiously. The Judges-President have been mandated to establish and chair Provincial Efficiency Enhancement Committees (PEECs), the Society having representation on the KZN PEEC. One important matter is that of Case Flow Management which the Judge-President considers the bedrock of the norms and standards that are advocated by the office of the Chief Justice, and is an area that affects all stakeholders on one level or another.

A committee, under the guidance of Deputy Judge President Traverso, has been established to look into judicial Case Flow Management Rules that can be incorporated into the Rules of Court.

B. TRADE UNION FUNCTION Committees of Council meet regularly in an attempt to be pro-active regarding issues within their ambit of expertise. This report is a brief 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.

ACTING JUDICIAL APPOINTMENTS COMMITTEE I pause to acknowledge the appointment of Justice Jappie as Judge-President of our Division and, in wishing him well, record our commitment to co-operating with his Office. The ad hoc Committee met with newly appointed Judge-President Jappie to establish the Judge-President’s view on the issue of acting appointments for members of the Society. The Judge-President has indicated that it is on his agenda of matters to attend to and address, and indicated his amenability to such appointments. He did however express his duty to consult with his fellow judges on the matter prior to addressing the various representative bodies of legal practitioners so as to implement an effective process for considering acting appointments.

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The ad hoc Committee will continue to engage the Judge-President on this issue and reform its own processes where necessary, and will advise members of the process to be followed for making applications for Acting appointments.

CONTINGENCY FEE COMMITTEE The Committee has amended the draft Guidelines having regard to case law and also in an attempt to clarify misinterpretation of the application of the Contingency Fee Act. These guidelines have been referred to the LSSA for information as well as to establish and adopt a uniform approach in response to attorneys’ incorrect application of the Act. The KZNLS and the LSSA Contingency Fee Committees are to consider, in particular, Section 8 of the Contingency Fee Act, in order to establish what Rules should be made to ensure that the law societies and their members fulfil their obligations in terms of the Act.

PRACTICE SUPPORT COMMITTEE The Society, through this Committee, has held numerous workshops covering such areas as Drawing & Taxation of High Court Bills of Costs; Administration of Estates & Wills; Intellectual Property; and Court Appearances and Etiquette in Magistrate's Courts: A Practical Guide for Candidate Attorneys. These have been well attended and well received, with 230 candidate attorneys having attended the course on Court Appearances since October 2014. The Council has identified the need to address members on the formation of partnerships as a means of sustaining a practice as it has been Council’s observation that most attorneys are sole practitioners, and as rapidly as single practitioner firms are opened they are closed due to financial constraints. These firms find it difficult to secure government and corporate work due to the perception of their having limited resources and influence. The Practice Support Committee is currently arranging a workshop for members to address the issue of formation of partnerships and to address the future of practices. Members will be advised hereof in due course.

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The Committee also deals with Applications for Exemption and Extension in respect of the Mandatory Practice Management course. Members have been advised of the Council resolution that a maximum extension of 12 months will be given, after which members who are non-compliant will be reported to the necessary authorities, namely the Offices of the Chief Magistrate and that of the Regional Court President. Members are therefore urged to comply with their obligation to attend and complete the Mandatory Practice Management course.

MASTERS LIAISON COMMITTEE The Society continues to engage with the Master’s Office in an effort to deal with issues of concern and complaint with a view to improving service delivery, in the interests of the profession and the Master’s Office, but primarily in the interests of the public. Members are advised via the Society’s circulars of the Society’s liaison with the Masters’ Offices and of the contact details of personnel employed at the Masters’ Offices, which information is furnished by the Masters’ Offices themselves. Discussions surrounding the electronic administration and management of documentation have been elevated to a national level. Members have been made aware of the complaints from the Masters’ Offices that there has been collusive behavior between employees of the Masters’ Offices and attorneys. We therefore impress upon members to uphold the ethical standards to which they have subscribed in becoming part of the profession and to serve the needs of the public. Both institutions must be alerted where there is any suspicion of collusive behaviour.

PRO BONO COMMITTEE The members of the Society, through the joint venture agreements entered into with ProBono.Org and Legal Aid South Africa, have already made a commendable impact on providing access to justice for the indigent. In terms of statistics the Society has referred 41 matters to ProBono.Org and members are reported to have provided/are providing legal assistance as follows:

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Area of Law/Clinic No of matters Refugee clinic 362 Housing clinic 216 Masters’ clinic 429 Consumer/Small Claims clinic 209 Family Law clinic 264 SASLAW/ProBono.Org clinic 304 Umlazi general clinic 136 Ntuzuma general clicnic 196 Chatsworth general clinic 213 KZN Deaf Association clinic 61 Walk-in clients 89 Walk-in clients referred 758 Labour law matters 24 The Society has received information which reflects that 117 (last year 74) attorneys rendered 1 035 (last year 279) hours of pro bono work. There are many more members who are rendering services pro bono but have not submitted this information to the Society. We appeal to our members to please submit this important information. In addition 225 member firms participated in the National Wills Week held in September 2015. We commend all those who reach out to the indigent in the pursuit of access to justice. Members may contact the Pro Bono Administrator on Telephone: 033 345 1304 or e-mail probono@lawsoc.co.za. Members are referred to the Society’s website for further information on pro bono, the quick links to which are: (1) Guidelines and Means Test https://www.lawsoc.co.za/upload/files/Probono_guidelines_and_means_test.pdf (2) Application Form for Individuals https://www.lawsoc.co.za/upload/files/ProBono_Application_Individuals_%202013

.pdf (3) Sworn Report https://www.lawsoc.co.za/upload/files/ProBono_Sworn_report.pdf (4) Types of Pro Bono Services. https://www.lawsoc.co.za/upload/files/Pro%20Bono_services.pdf

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MAGISTRATES COURT The Committee continues to liaise with Court personnel as regards the state of the Magistrates and Regional Courts and their processes in the interests of all concerned.

PROPERTY LAW COMMITTEE The Committee continues to engage with various stakeholders in an attempt to address the practical difficulties faced by membership such as delays in the issuing of rates clearance certificates, particularly by the eThekwini Municipality, where members of the committee held face to face meetings with representatives from the Municipality. In circumstances where deemed necessary, concerns have been elevated to a national level, such as with the difficulties experienced with the SARS transfer duty e-filing system. The Committee has considered the approved increase in conveyancing fee guidelines and has made the necessary amendments to the KwaZulu-Natal intra-provincial lodging fee guidelines; members were informed of this through the Society’s circular. In conjunction with the Society’s Environmental Affairs committee, the Property Law committee considered the SPLUMA regulations of both Province and eThekwini Municipality and made substantive comment on the bylaws and regulations.

ALTERNATE DISPUTE RESOLUTION COMMITTEE The Committee encourages members to support the LEAD workshops on ADR as the LSSA is producing significant documentation in relation hereto which will be of importance and assistance to members.

C. REGULATORY AFFAIRS: MISCONDUCT MATTERS The following is a report on matters dealt with by the Regulatory Affairs Department during the period 1 July 2014 to 30 June 2015 -

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1. COMPLAINTS

In order to assist the Council in dealing with complaints relating to unprofessional conduct it has appointed: 10 Complaints Committees 2 Estates Complaints Committees 5 Trust Audit Reports Complaints Committees 5 Non-Response Complaints Committees 2 Judges Complaints Committees 1 Councillors Complaints Committee 1 Ad hoc Complaints Committee New complaints files opened 1359 Miscellaneous complaints dealt with by the department 1144

Complaints referred to Complaints Committees: Dismissed 302 Fines imposed 316 (Totalling R3 081 500 of which R1 125 250 was

suspended) Reprimands imposed 9

The following were the types of conduct for which members were found guilty of unprofessional conduct:-

(1) Failure to reply to complaints: 87 (2) Failure to lodge, or to lodge timeously, trust audit reports: 132 (3) Failure to apply/apply timeously for Fidelity Fund Certificates: 37 (4) Failure to respond where a duty to respond promptly: 9 (5) Failure to attend properly & expeditiously to clients' matters: 10 (6) Failure to account, or to account promptly, to clients: 5 (7) Failure to exercise proper supervision over employees: 2 (8) Failure to treat a colleague with courtesy: 1 (9) Failure to administer a deceased estate properly & expeditiously: 1 (10) Failure to appear in Court to represent clients: 1 (11) Acting in a conflict of interest situation: 1 (12) Overcharging 3 (13) Failure to carry out mandate 7 (14) Failure to pay expert/sheriff or correspondent attorney 5 (15) Failing to honour undertaking/agreement; 3 (16) Bringing the profession into disrepute; 1 (17) Failing to ensure purchase price available on transfer 1 (18) Offsetting funds against fees without client's consent 1 (19) Allowing a client's claim to prescribe 1

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(20) Refusing to accept service of correspondence at member's office 1 (21) Failing to withdraw timeously 1 (22) Having a trust account deficit 1 (23) Failing to brief Advocate to attend Court 1 (24) Disbursing trust funds without client's consent 1 (25) Delaying in preparation of Bill of Costs 1 (26) Overreaching 1 (27) Charging VAT when not a VAT vendor 1

2. ASSESSMENTS

20 Assessments were conducted.

The following members acted as Assessors:- Mr U Jivan, Mr A Naidoo, Mr E R Barry, Mr M Y Baig, Mr R F Sobey, Mr A Kissoonlall, Mr G A Pentecost, Mr M A A S Essa, Mr M A Essack, Mr S A A E Fakroodeen. In order for there to be consistency in the assessment of fees the Council resolved to establish a pool of assessors and to remunerate assessors at a rate of R500,00 per assessment. The following members were appointed to the pool of assessors:- Mr P Bahadur : Mr E R Barry : Mr M Y Baig : Mr P K Coetzee : Mr D N C V De Freitas : Mr S A E Fakroodeen : Mr M I A Ganie : Mr A Haripersad : Ms S Keshav : Mr A Kissoonlal : Ms N E Memke : Mr C Moodley : Ms H Mung-Lee : Mr G A Pentecost : Mrs C Pillay : Mr R Ramdaw : Mr R M Ramkhelawan : Mr A B L Scott : Mr A S Sibran : Ms I Singh : Mr R Stretch : Ms A Gounden : Ms M Curia : Mr J Botha : Ms I Abraham : Mr U Jivan : Mr A Naidoo : Mr R F Sobey : Mr M A A S Essa : Mr M A Essack.

3. ENQUIRIES

7 Enquiries were conducted and finalised.

4. INSPECTIONS

14 inspections were conducted and finalised.

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5. PROSECUTION FOR THEFT OF TRUST FUNDS Where a member's name has been struck off the Roll of attorneys as a result of the misappropriation of trust funds the application papers are referred to the South African Police Commercial Crime Branch to investigate whether criminal proceedings should be instituted against the defaulting attorney. The Commercial Branch is presently investigating whether such proceedings should be instituted against 7 former attorneys.

6. STRIKE OFF APPLICATIONS

The following members were struck of the roll of attorneys by the High Court: (1) Njabulo Masuku (2) Prebashini Odayar

There are 10 strike off applications pending.

7. SUSPENSIONS

The following members were suspended from practising as attorneys:-

(1) Dumisani Ndlovu (2) Jabulani Langelihle Thusi (3) Selvie Pillay (4) John Julian Webster (5) Siyabonga Desderius Mncwabe - uplifted (6) Anisa Soobrathie - uplifted (7) Mthandeni Ronald Mtshaka - uplifted (8) Jayshree Baijnath (9) Mohammed Illyas Cassim (10) Stephanie May Joshua (11) Marcus Mbongo Koyana (12) Ferdinand Johannes Labuschagne (13) George Barsey Moloko (14) Mduduzi Cyprial Ngcobo (15) Meena Singh (16) Joelyn Pearl Vengtas (17) Sipho Michael Cona - uplifted (18) Nkululeko Brightman Mbambo - uplifted (19) Simo Sabelo Mthethwa - uplifted (20) Meryl Moonsamy - uplifted

There are 30 suspensions pending.

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8. CURATOR BONIS APPLICATIONS

In the following instances the Society has made applications to the High Court to be appointed as Curator Bonis to take control of clients' files and trust accounting records where the members had either abandoned their practices or where they had died and no arrangements had been made for the take over of their practices:-

(1) Late JD Letty (2) Late TP Khumalo (3) Late R M Nzimande (4) Late A N Zondi (5) Late W J M Conradie

9. PANEL OF ATTORNEYS

The followings firms were appointed as the Society's panel of attorneys to attend to all aspects relating to the Society's litigious work which includes inter alia strike off applications, suspension applications and curator bonis appointments:-

Siva Chetty & Co. Venns. Ngcobo Poyo Diedricks Inc. Ganie & Co.

Buthelezi Inc. and Laing & Associates were appointed to recover outstanding debt due to the Society, e.g. fines, subscriptions and court application costs.

10. CURATOR BONIS DUTIES

The Curator Bonis department deals with seizing possession of clients' files, trust monies and accounting records of the practices of those members who have been struck off or suspended or who have abandoned their practices. The department has exercised curator duties in respect of 22 firms for the period under review.

D. CONCLUSION It is not my intention during the AGM to deal in any detail with the matters contained in this Report and I therefore request that, should members wish to raise any matters arising from this report, they kindly raise the matter(s) well before the AGM with our Director, Gavin John, to enable the Council to answer any queries fully and competently. Members' co-operation in this regard will be appreciated. Finally I would like to express my sincere appreciation to my fellow Councillors and to the Management and Staff of the Society for the enthusiastic and energetic and valuable contribution to the Council and the running of the Society. It was indeed an honour to serve as the President of the Society.

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