Organazational Report

Organazational Report

1. INTRODUCTION

This month marks the celebration of the life of one of the finest sons of our country, the late president of the African National Congress, former distinguished attorney of the law firm, Mandela and Tambo attorneys, a struggle hero… Oliver Reginald Tambo.

In his memory, I wish to quote from some of OR `s famous quotes:

“The Fight for Freedom must go on until it is won, until our country is free and happy and peaceful as part of the community of man, we cannot rest”

What I condemn, with all the vehemence I can muster, is the fact that for three quarters of a century we have been victims of white minority rule, which has progressively become more violent against us up to the point where it assumes the forms we are witnessing”. May he continue to inspire many of us both as young and senior members of the black lawyers association and members of the distinguished profession.

We submit that there is no need for the presence of heavily armed police and military forces in Marikana as that cannot create a peaceful resolution of the disputes in that part of our country. We also celebrate the Heritage month and hope that members have indeed in their numbers observed this important day in our country.

The ruling party goes to its elective conference in Mangaung in December this year. Apart from the fanfare of who will become its President, members are reminded to continuously bear in mind of the equally important task of policy adoption which that meeting will be absorbed with amongst them being the draft policy document on the transformation of the judicial system and the role of the Judiciary in the developmental State.

On the 26 May 2012, the following members were elected as the executive committee members of the branch.

1. Mr. Kutama ( Chairperson)
2. Ms B. Rangata ( Deputy Chairperson)
3. Mr. CT Mamathuntsha ( Secretary)
4. Mr TM Chauke (Treasurer)
5. Mrs T. Mofokeng (Deputy Secretary)
6. Mrs M. Mohlala-Mulaudzi ( Additional Member)
7. Mrs L. Monyane ( Additional Member)

One must point out the atmosphere that always characterizes elections of BLA representatives especially at branch and national meetings. The energy and enthusiasm displayed by members at these meetings is commendable as it affirms the lifeves and vibrancy of the organization.

What we need to then reflect on as members is what is the central challenge that this elected members have during their term of office? We invite members to engage with this question as it will go at great length in cementing our understanding of the needs of our members.

2.The State of the Branch Executive Committee

The BEC has met four (4) times since its election into office. The first meeting being a get to know each other and to agree on how the business of the branch and BEC in particular needed to be conducted. This is what one would label “understanding of the mandate”.

Coupled with the above meetings, the B.E.C also held a strategic session at Shumba valley lodge on the 25THAugust 2012.

At this point, may I pause to express our gratitude to the entire executive committeefor their dedication and unwavering commitment to the unity of the organization.

We can assure all of you gathered here today that in these men and women who are sitting here in front of you, you have a leadership capable of taking this branch to new heights.

We say this because, and we believe that for the first time in the history of the branch, we have adopted important resolutions amongst others to honour and celebrate our veterans/ senior members of the BLA. I shall later on deal with the details of this resolution. Not only do we intend to honour them, but vigorously pursue economic empowerment for our members, both practising attorneys and advocates members of our organization.

• We meet ladies and gentlemen in the aftermath of what we should all quickly forget and continue the central national task, of building a better society, the Marikana massacre / tragedy. 17(Seventeen) years of democracy, who would have thought that our beautiful country will ever go through so much pain? The Marikana massacre represents a country still grappling with its past, a country that still faces major challenges to adherence and understanding of the rule of law.
• It is also a scenario that presents us legal practitioners with an opportunity to reflect on our state, state institutions – how we ensure complete protection of rights as enshrined in our celebrated constitution, and most importantly our role in society. The absence of the BLA voice during the national period of mourning and the attention of the massacre is worrying. It is our belief that the BLA – NEC could have pro-actively added its voice on the matter including dispatching its members to assist miners, either offering their dispute resolution skills and or assisting those miners who were unnecessarily.
• We must as practitioners be worried about the institutions such as the National Prosecuting Authority who in this regard have allowed themselves to bow to political pressure. The disregard of the rule of law in the guise of maintaining law and order is what we must be more worried about.We believe the muted media office of the BLA will be able to deal with some of the challenges mentioned above.

3.EXECUTIVE MEETINGS HELD AND MATTERS DISCUSSED.

The first meeting resolved that a quorum for B.E.C meetings will be four. The signatory to the branch cheque account were also nominated, being, the chairperson, treasurer and the deputy chairperson. It was also resolved that the treasurer should report on the finances of the branch every second meeting.

The second B.E.C meeting took place at Gold Reef city on the 26th June 2012.This meeting dealt with the program of action for 2012

The following committees were constituted, in line with National structure:

• Judicial services committee –Chairperson.
• Fund raising committee- Treasurer
• Legal practice bill and constitution amendment-Mrs Mohlala Mulaudzi& Mrs Monyane
• Student Chapters – secretariat

The B.E.C has so far been performing very well and is meeting as per its resolution which was adopted at its first meeting.

At that meeting, the BECresolved to hold its meetings at Gold Reef city and Sandton respectively.The B.E.C is functioning very well as it has been able to Quorate in all its meetings so far.

The BEC has been hit by the absence of Mrs Mamodupi– Mohlala Mulaudzi. The frequent unavailability of the member to attend BEC meetings without apology led to the BEC meeting resolving to mandatingthe secretary to write to the saidmember with a view of establishing what could be the reason for her failure to attend B.E.Cmeetings.

The secretary duly obliged and dispatched the communication to the member and to date no reply was received. Subsequent to this the chairperson received a communication via sms, and I must state that this appeared to have been in his personal capacity and not as chair.

However, the said member indicated that she will be travelling a lot and believes that her responsibilities as an executive member will be compromised. The B.E.C in its meeting of the 18th September 2012 further requested the secretary to telephone the member and request from the member the letter of resignation so that we can have this in writing. To this date attempts to get hold of the member have been unsuccessful. We therefore request this meeting to give the B.E.C direction on how we deal with this matter.

Members will note that committees such as the empowerment committee no longer exist. The feeling of the BEC was that the national empowerment committee already exists and our role will be to monitor the implementation of its work. The BEC views this matter very seriously and during its term will work towards ensuring that the empowerment committee serves the general membership. The deputy chair of the branch, Mrs.Rangata sits on that committee.

As part of its programme of action, the BEC resolved to nominate theDeputy chairperson, Mrs Tshepo Shabangu, Mrs Mohlala- Mulaudzi,Adv. Tiny Seboko to prepare a response of the branch to the document on the transformation of legal services released earlier this year by the department of Justice and Constitutional Development. This committee has since been reconstituted and the following members now serve on it. Deputy Chairperson, advocate Ngomane(stilltoconfirm), Advocate Tiny Seboko, Mr K. Seabi.(dueto time constraints, other members have indicated their interest and will assist now and then when available) The committee has since released a summary draft that members may want to engage and enhance it before a final document is produced by the committee.Thecommittee is also engaging with the NEC on the developments , so to avoid duplication and further assistance)

5.Meetings with Deputy Judge Presidents of the North and South Gauteng High courts.

The BEC resolved to meet the DJP’S of the two courts with a view of cementing relations with the two heads. Indeed DJP Van Der Merwe met with the BEC on the 19th July 2012 and welcomed the gesture of the BEC. DJP Van Der Merwe welcomed the relationship with the BLA BEC and further indicated that he had most of the times been frustrated by the LSNP when requesting to meet them on certain issues and hoped that he will be able to have a healthy professional relationship with the BLA.

On the 31st July 2012, the BEC again met with DJP Mojapelo of the South Gauteng high court.The DJP welcomed the visit /meeting by the executive and appreciated our decision to meet with his office. He further indicated that the visit was long overdue and that we must always be mindful his office is open to us. He reminded the BEC of the transformation agenda which he indicated was not complete as yet. He further took the BEC through the historical role of both the BLA and NADEL in this regard. DJP Mojapelo further drew attention of the BEC to attempts to have single uniform rules for both the South and North Gauteng courts. He took the BEC through some of the challenges in this regard. However he informed the BEC that his office and that of DJP Van Der Merwe are in constant contact regarding this aspect.Hefurther indicated that the two courts are actually working together on the Practice directive and the one is the basis of the other)

The DJP also supplied the BEC with a copy of the draft practice directive in relation to case management, allocation of cases and case management conference. This draft practice directive was released by the office of the chief Justice, Mogoeng Mogoeng. At the date of meeting with the DJP, it was not clear as to where the process is currently. He further expressed his worries around the lack of female Jugdes or acting judges. DJP invited the BLA to consider conducting its own training and encouraged members especially female candidates to participate in the Training. He pointed out further that he was always available to assist in this regard.

6.FORMATION OF SUB-COMMITTES

TheB.E.C has resolved that the sub-committeesshould be constituted as

Follows:

1. Judicial – committee
2. Student chapter
3. Fundraising
4. Legal practice bill and constitutional amendment

The BEC had tasked the secretary to identify members from the membership list who will form part of the committees. This task was frustrated by the fact that the NEC had terminated / not renewed the contract of the IT person who had the full database of all members. The second challenge was that the secretary only had alist which did not contain the names of all membership hence he could not utilize that contact list.

We have now received news that the NEC has resolved this issue of the IT person and members will attest that they received notification of this meeting through such service. In this regard we wish to welcome Mr.Siyabonga Nkosi to the BLA fold and wish him all the best and hope that the branch will have a healthy and rewarding relationship with him.

We therefore propose that this meeting resolve to compose the committees so that the work of the organization continues. Our view is that as much members as possible should find themselves involved in the sub - committees of the organization as such will result in a working and effective organization. Wecan also report here that it can be attested that there has been a big improvement in circulating the notifications and this has improved communication with the members)

7.Relationship with the JAA (JHB Attorneys Association)

The relationship between the BEC have significantly improved over the years. The BEC received an invite recently to attend the annual general meeting of theJAA, which AGM was addressed by retired judge Kriegler and the hon. President of the Republic, Mr JG Zuma.MrNic Swart was also in attendance.

Members would have followed the inputs of the two speakers who expressed their concern about the rule of law in the country in particular the unfortunate tragedy that took place in Marikana in the North Westprovince. It is noteworthy to express the confidence of Judge Kriegler who gave a positive speech by indicating that as a country we havegone through the worst but we have always manage to overcome such.

He indicated that South Africans are a remarkable people who will be able to overcome the Marikana crisis and continue to build a prosperous nation. We congratulate the wisdom of this respected jurist of our country.

8.Legal practice seminar on the 16thJune 2012.

The BEC received an invitation to attend the national legal practice seminar organized by the NEC. The BEC members attended the seminar which was held at the Birchwood hotel. Notwithstanding its coinciding with the national celebration of June 16, members from all provinces were duly represented and the seminar was a success. Mr Jan Stemmett from the statutory component of the LSNP gave the LSSA’s position regarding the Bill.

Mr Skosana, representingDepartment of Justice and constitutional development gave an input on behalf of government. The seminar was ably facilitated by Mr. Paul Morake from Tlotlo Holdings. Members are referred to the Nelspruit resolution in respect of the BLA position(s) on the Bill. Suffice to state that engagements on the bill have been robust and intellectually stimulating from both government and the organized profession, it would appear that parliament will accede to the profession’s request to allow more time to make further representations.

9.LSNP MATTERS

9.1.SUSBCRIPTION INCREMENT

We trust that members would have by now received correspondences from the HR and finance committee of the LSNP. This is also accompanied by the comment / motivation from Mr.V. farris of the LSNP. It is common cause that the CSIR special meeting had resolved to reject the LSNP’s proposal to increase the subscription. As we meet here the council of the LSNP would have met on the 27th September 2012. This matter, I believe is in the agenda for the upcoming AGM of the LSNP in Sun City and members are urged to again engage this matter.

9.2.MVA COMMITTEE REPORT

Contingencyfee agreement.

Members will have been by now aware of Judge Mojapelo’s judgment on contingency fees agreement in mofokeng VRAF and two other matters.

A bit of history and decision will help

10.STUDENT CHAPTERS

The BEC has far enjoyed a healthy and excellent relationship with the student chapter. The following student chapters are active and launched in university of Pretoria, Unisa Tshwane, Unisa Flonday and Wits University. TheWits student chapter was recently launched on the 30th of July 2012.

The event was a resounding success and was graced by the founding member of the BLA, the honourable Judge S. Moshidi of the South Gauteng High Court, president of the BLA, Mr Busani Mabunda, NEC member Mr Sigogo (Deputy Secretary General) who travelled all the way from Thohoyandou. The sponsors PPS were/ was also present and the law students attended in their numbers.

We wish this student chapter all the best in their endeavors and once more wish to congratulate them for launching the first BLA student chapter at that institution. Cde Dominic and his team, please receive our sincere gratitude as the BEC and always remember that the BEC’s doors will always be open to your committee. Plans are underway to assist the BLA student Chapter launch at the University of North West,Vaal Campus as well as the University of Johannesburg.

On the 22nd of September 2012, the University of Pretoria hosted the National Congress of the BLA student chapter which elected CdeSurgeon Masuane fromUnisa Tshwane as its second president. We congratulate the past president, cde William Maodi for having presided over a historical moment of establishing a national student chapter. To Mr.Masuane and his team, on behalf of the Gauteng branch of the BLA we wish you all the best and I have no doubt that you will without fail robustly engage the mother body in all issues that affect your constituency.