CLICK ON HEADINGS BELOW FOR IMPORTANT AND RECENT DOWNLOADS

1. CHIEF MASTER’S DIRECTIVES

Chief Master’s Directive of 2010 Bonds of Security in assetless companies and close corporations
Chief Master's Directive One oF 2010

2. CHILDREN’S ACT

3. CONTINGENCY FEE AGREEMENT AND MATTERS

Contingency fee Agreements
 Contingency Fees Agreement Form
Article from Society News
 Article from Society News

4. CONVEYANCING / PROPERTY LAW MATTERS

Chief Registrar Notices and circulars
Change in Transfer Duty Rates
 Change in Transfer Duty rates effective 23 February 2011  
Electronic submission of the Transfer Duty Declaration and Payments
Transfer Duty Declarations and payments
Recommended Conveyancing Fees (1 September 2009)
Updated recommended Conveyancing Fees
Registrar’s Circular 1/2010:
New Procedures re the issuing of certified copies in terms of Regulations 68(1), (8) and (11) as well as Regulation 52(2)

New procedure issuing certified copies
Clearance Certificates for Sectional Titles - LSNP Property Law Committee
Clearence Certificates
Transfer Duty & CGT: Exemptions as envisaged In Section 9(20) of the Transfer Duty Act, 1949 (Transferring a residence from a company or trust to a natural person) Commissioner for the South African Revenue Service (10 December 2009)
Transfer duty of CGT
Transfer from company or trust to natural person
Registrars’ Conference Resolutions 2009
Conferenece Resolutions
SNP Circular No. 2/2006 - Apportionment of Recommended Conveyancing Fees
Circular No 2/2006
Chief Registrar's Circulars
 CRC1 OF 2012 VESTING OF STATE LAND
 CRC2 OF 2012 SECT 25
SKMBT 50111031511080 - Circular 4 of 2011
SKMBT 50111030214301 - Circular 3 of 2011
 CRC2 OF 2011 Mineral Conditions - Circular 2 of 2011  
CRC11 of 2010 Amend STA - Circular 11 of 2010 
CRC10 of 2010 Amend DRA Circular 10 of 2010
SKMBT 50111030214500 - Certificate of change of name of company

5. FINANCIAL INTELLIGENCE CENTRE ACT

Financial Intelligence Centre Act (FICA) requirements for Attorneys 
 Circular Dec 10 Amendment Act 
Financial Intelligence Centre Act, Act 38 of 2001
Financial Intelligence Centre Act 38 of 2001
Financial Intelligence Centre Amendment Act, Act 11 of 2008
FIC Amendment Act
Proclamation No. 5 of 2003: Fixing a date on which certain sections of the Financial Intelligence Centre Act, Act 38 of 2001 shall come into operation
Commencement Dates for certain sections of FICA
Guidance Note 05 on Section 28 of the Financial Intelligence Centre Act, Act 38 of 2001
Guideline 05 Cash threshold reporting
Guideline on the electronic reporting of Cash Threshold Reports for Attorneys 04 October 2010
CIR Electronic Giudelines Attorneys
Public Compliance Communication No.03 (PCC 03) Identification and verification matters relating to account opening procedures for asylum seekers and refugees in terms of the Financial Intelligence Centre Act, Act 38 of 2001
Refugees and asylum seekers

6. IMPORTANT JUDGMENTS

 Judgment Thulov RAF
Judgment CCT 38-10 Law Society and Others v Minister for Transport & Another
 Judgment CCT 38-10 Law Society and Others v Minister for Transport and Another
Media Summary CCT 38-10 Law Society v Minister for Transport & Another
CCT 38-10 Law Society v Minister for Transport and Another Media Summary
Nedbank v The National Credit Regulator
Unconstitutional for a Registrar to declare immovable property executable in the case of Elsie Gundwana
 ELSIE GUNDWANA
Judgment by Justice A J P Traverso (15 August 2008)
pdf Judgment by Traverso AJP
Judgment by Justice A J Fabricius (31 March 2010)
LSSA RAF Judgement

7a. SUPREME COURT OF APPEAL RULES

Amendment of the rules regulating conduct in the supreme court of appeal
Amendment of the rules regulating conduct in the Supreme Court of Appeal

7b. HIGH COURT

Amendment of Rule 70 (Tariff of fees of attorneys) Notice No. R516 in GG32208 of 8 May 2009
GG 32208 No R516
Amendment of Rule 49 (Appeals) - Notice No. R518 in GG32208 of 8 May 2009
Rules Board amendment of Rules 518
Amendment of Rule 10A - Notice No. R86 in GG32941 of 12 February 2010
Amendment of Rules No R 86
Amendment of Rule 50(5)(b)Notice No. R87 in GG32941 of 12 February 2010
Amendment of Rules No R 87
Amendment of Rule 58
Notice No. R88 in GG32941 of 12 February 2010
Amendment of Rules No R 88
Amendment of Rule 63
Notice No. R89 in GG32941 of 12 February 2010
Amendment of rules No R 89
Amendment of Rule 70
Notice No. R90 in GG32941 of 12 February 2010
Amendment of Rules No R 90
Amendment of the Rules of Court (Magistrates Courts and High Courts) relating to fees
Notice No. R499 and Notice No. R500 in GG33273 of 11 June 2010 Commencement date: 16 July 2010
GOVERNMENT NOTICES NUMBER 33273 11 JUNE
Memorandum: Designation of 15 branch courts as full services courts – Minister J T Radebe (23 June 2010)
Designation of branch Courts memorandum
Urgent Practice Note from the Deputy Judge President Enrolment of unopposed motion Court applications
 Enrolment of unopposed motion court applications
Practice Directive North Gauteng High Court 8 June 2010  (Time frames relating to claims for damages and matters where expert notices and summaries must be delivered)
Practice Directive 8 June 10
Summary of amendments
North Gauteng High Court Practice Directive 8 June2010

7c. MAGISTRATES COURTS

Amendment of Rules (Sheriffs) - Notice No. R592 in GG33355 of 9 July 2010
Magistrates' Courts - Amendment of the Rules July 2010
Amendment of Rules relating to fees - Notice No. R515 in GG32208 of 8 May 2009
Amendment to Section 6 of the Rules Board for the Courts Law Act No 107 of 1985
Amendment of Rule 67 (Criminal Appeals)
Notice No. R517 in GG32208 of 8 May 2009
MAGISTRATES COURT: AMENDMENT OF THE RULES OF COURT

7d. MAGISTRATES COURT RULES

Magistrate Court Rules as Amended
 30 Dec 2011 Magistrates Court Rules
 March 2011 Introduction 
March 2011 Magistrate Court Act and Rules

Amendment of the rules regulationg the conduct in the High Court
Amendment of the rules regulating the conduct the High Court (Divorce Courts)
Amendment of the rules regulating the conduct of the High Court 2 
Criminal Court Practice Directives June 2010
Criminal Court Practice Directives June 2010
Civil Practice Directives 2010 revised
Civil Practice Directives 2010 revised
Adv. W Gibbs - summary of amendments
Amended Magistartes Court Rules - Date of implementation 15 Oct
Repeal of the Divorce Court Rules and the commencement date of the Rules Regulating the Conduct of Proceedings of the Magistrates' Courts of South Africa Government Notice No. 888 as published in Government Gazette No. 33620 of 8 October 2010
Government Gazette Notice 8 Oct 2010
Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa (Government Notice No. R740 as published in Government Gazette 33487 of 23 August 2010.
Part 1
Part 2
Part 3
Part 4
Opinion of Avd D E van Loggerenberg SC - Former Magistrates Court Rules
Former Magistrates Courts Rules

8. LAND TENURE MATTERS

9. LAW SOCIETY NORTHERN PROVINCE AMENDED RULES

Rule 81.1.1.1 and Rule 81.1.1.2
ATTORNEYS ACT 53 OF 1979 (AMENDED)

10. LEGAL AID MATTERS

Legal Aid Board Circular 2 of 2008 - Amendment Annexure to the Legal Aid Guide as implemented by circular 1 of 2008
doc Circular 1 OF 2008 Amendment

11. LEGAL PRACTICE BILL

Submission by the Law Society of South Africa (LSSA)
 Submission by LSSA
Proposed revision of the April 2010 Legal Practice Bill prepared by Messrs Southey and MacDonald for the LSSA, October 2010
Legal Practice Bill 2010
Draft Legal Practice Bill, 21 April 2010
Latest legal Practice Bill 21 April 2010
 Key principles of the LBS for consultation - April 2010
 Legal Practice Bill draft 1
 Legal Practice Bill draft 2
 Legal Practice Bill LSSA Nov 2010
 Legal Practice Bill December 2010
Memorandum on the Draft Legal Practice Bill, April 2010 (Prepared by Max Boqwana, Management Committee, LSSA)
Memoranum 16 September 2009

12. LEGAL SERVICES CHARTER

Draft Legal Service Charter (29 February 2008)
Draft Legal Service Charter 29 Feb 2008
Legal Services Charter Score Cards
Legal Services Charter Score Card
Survey of the Attorneys’ Profession in South Africa – September 2008
Presentation LSSA Council 25 Feb 2008

14. NATIONAL CREDIT ACT

Default Judgment and execution against primary residence 
 Practice Note 
Decisions under the National Credit Act (Prof Otto's Article)
 Decisions under the National Credit Act

15. NEW COMPANIES ACT

Companies Act 71 of 2008
Companies Act 2008
Companies Bill submission by the LSSA and LSNP
doc Companies Bill Submissions by the LSSA and LSNP 

16. OLDER PERSON’S ACT NO 13 OF 2006

18. PRO BONO RULE

Mandatory Pro Bono Scheme Circular
 Pro Bono Circular
Pro Bono Rule
 Pro Bobo Rule
Updated Application for Organisations
 Updated Application for Organisations
Application Form Individual
 Application form Individual 
Cessions of Costs
 Cessions of Costs 

20. RAF MATTERS

Summary of proceedings by Adams and Adams LSSA / Minister of Transport application commenced on 1 March 2010
Summary of RAF proceedings by Aamds and Adams
Direct Payments (Document prepared by Ronald Bobroff)
doc RAF Bulletin
Summary relating to RAF matters where pleadings were not closed by 8 June 2010
Rule 29 RAF pleadings not closed
Summary relating to RAF/other matters where pleadings were closed by 8 June 2010
Rule 29 RAF pleadings closed

Welcome to the Law Society of the Northern Provinces

Although members of the public are probably aware of the existence of the Law Society as a regulatory body for attorneys, there is still a lot of ignorance regarding the activities and functions of the Law Society, except perhaps knowledge of the fact that complaints against attorneys can be referred to the Law Society.

It is of course true that the investigation of complaints against attorneys is the better known function of the Law Society, as a lot of publicity is given to the disciplinary functions of the Law Society by the media. In addition to the regulatory (statutory) functions of the Law Society which are directed towards ensuring that attorneys comply with the formal requirements of the Attorneys Act, 1979 (for example the trust monies are dealt with correctly and securely) and the promotion of uniform practice rules and discipline amongst practitioners, the Law Society also offers general services to assist members of the public who make use of the services of attorneys.

Do you for example know that you can as a service offered by the Law Society, request that attorneys fees (accounts) in respect of certain work (normally not civil litigation) be assessed by a committee of the Law Society, if you are not satisfied with an account.

The Law Society also offers a free first consultation scheme in terms of which you can by way of a telephonic enquiry, be referred to an attorney for a half-an-hour consultation for free legal advice. In cases where attorneys may or cannot continue to practise, the Law Society also attends to their practices and offer assistance to members of the public to ensure that their interests are protected and their matters dealt with in a proper manner.

The offices of the Law Society can also provide you with general information relating to the attorneys profession and the administration of justice such as for example attorneys fees, address particulars of attorneys, admission requirements and other important information which will of course include the procedure to be followed to lodge a complaint against an attorney with the Law Society.

The Law Society however is not an attorneys office and cannot assist members of the public by giving legal advice.

Complaints against attorneys are attended to by a experienced professional team of admitted attorneys (Legal Officials) and if there is a complaint against an attorney, such complaint should be referred to the Law Society in writing by way of an affidavit, whereupon the matter will be properly investigated and attended to by the Law Society.

It needs to be mentioned however that the disciplinary authority of the Law Society is limited to the disciplinary sanctioning of attorneys who have acted unprofessionally and that the Law Society does not have authority to make orders on the same basis as a court of law, to compel attorneys to compensate a member of the public in respect of civil damages incurred.

The good standing of an attorney who practises for own account can be determined by establishing whether the attorney is in possession of a valid Fidelity Fund certificate.

The name of the Law Society has in March 2001 been changed to the Law Society of the Northern Provinces and 11 019 practising attorneys are presently members of the Law Society, under its jurisdiction which extends to the Gauteng, Mpumalanga, North West and Limpopo Provinces (the former Transvaal Province).

The affairs of the Law Society are managed and controlled by a Council of twenty four elected attorneys who are representative of the historical (statutory) component as well as the Black Lawyers Association and the National Association of Democratic Lawyers, who are important role players in the legal profession.

The Law Society is situate in Pretoria and its sub-structures consist of four provincial Circle Councils who regulate and co-ordinate the activities of attorneys in the four provinces.

The offices of the Law Society is situate at 123 Paul Kruger Street, Pretoria and consists of a total, full-time staff complement of 111members who function under a Director Mr J S Grobler and five Heads of Department

  • Ms M V Ferreira: Professional Affairs;
  • Mr J van Staden: Members Affairs;
  • Ms M Malatji: Disciplinary Department;
  • Ms H Bezuidenhout: Communication Unit
  • Ms M Piaray: Financial Department

The President and vice presidents for 2011/2012 are:

President of the Law Society           Mr J Janse van Rensburg
Vice President of the Law Society    Mr P B Mabunda (BLA)  
Vice President of the Law Society    Mr S S Madiba (NADEL)
Vice President of the Law Society    Dr L Curlewis 

Further information regarding the Law Society can be obtained from its website at the following address: www.northernlaw.co.za or telephonically at (012) 338 5800.


Mr J S Grobler
DIRECTOR

 

Provinces

The Director-General of the Department of Justice and Constitutional Development has requested that the attention of practitioners be drawn to the E-Forms that can be accessed on the Department’s website .

Switchboard

The Telephone no of the Law Society is 012 338 5800
This number should be used for all enquiries, such as names of attorneys, fidelity fund certificates, exams ext