The Membership Administrators at the Black Lawyers Association Have Setup a Membership s1

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BLA ANNUAL GENERAL MEETING HELD IN KIMBERLEY

ON THE 2 SEPTEMBER 2009

SECRETARY’S REPORT

1. INTRODUCTION

On the 25 October 2007, the then AGM of the BLA voted in the following officials into the executive:

1.  Mr. Stephen Groenewaldt - Chairperson

2.  Mr. Lulama Lobi - Secretary

3.  Ms. Gladys Botha - Deputy Secretary

4.  Ms. Heidi Dipico - Treasurer

5.  Mr. Tebogo Rakgoale - Additional member (ass. Treasurer)

We have worked as the first five officials for the better part of the two years of our term.

Clause 13.2 of the constitution stipulates that the branch executive must have the following positions: Chairperson; Deputy Chairperson; Secretary; Deputy Secretary; Treasurer and two additional members.

2. Membership

The membership of the BLA has not grown as desired but we have been heartened when some of our colleagues who work at the justice centre in Kimberley started to join the branch.

3. Membership Subscription

The present membership fees nationally stand at R1000.00.

Our branch has decided in favour of charging members only R500.00.

The effect of this generous decision is that the branch will forever run on a deficit of R500.00 per member. Clearly the branch will have to be strong on raising funds.

4. Advertising

·  The election of the branch executive on the 20 October 2007 was reported in the DFA. The Volksblad placed a short article reporting the election of a new executive on the 6 November 2007.

·  The branch placed a congratulatory advertisement in the DFA in recognition of the election of Mr. Mjila as a Vice President of the Cape Law Society.

·  After the 22 April 2009 elections, we placed an advert in the DFA welcoming the new Premier and her Executive Committee.

·  An advert was placed in the DFA announcing the BLA national AGM that was due to take place on the 23 May 2009.

·  On the 27 May 2009, DFA had an article on the annual general meeting held at the big hole Protea Hotel, where the Premier and the Provincial Secretary of the ANC delivered speeches.

·  An advert was put in the DFA announcing the Robert Sobukwe Memorial Lecture to be addressed by Prof. Shadrack Gutto of UNISA.

5. Fund at the law society

It is with a sense of regret that members of the BLA have failed to attend general meetings where the existence of a fund that could be sourced for continuing learning seminars of the choice of the members.

This opportunity could not be taken advantage of as little interest was shown.

Consequently, the fund was not used by our branch for fear that the executive might arrange something none of the members want.

6. The GALA DINNER Debt

In the last AGM the R10000.00 debt that the branch owed the Flamingo Casino was paid by the national office and written off in the AGM of 2007.

7. The Newsletter

We have maintained a regular quarterly newsletter that was placed on the website of the BLA.

The BLA website is- www.bla.org.za

8. University in our province

The branch executive has sent a letter of support for the establishment of a university in our province both to the management of the NIHE and the SRC there. This was as per the resolution of the general meeting held on the 25 February 2009.

In a telephonic discussion with the president of the SRC, we proposed that they must call a meeting of all relevant stakeholders who support the initiative to decide on a programme to keep the issue of the university on the agenda.

9. Pro bono

The Cape Law Society Circle 16 is running with this project. They deal directly with all members of the society.

10. Appointment of magistrates

The branch has been campaigning for a sit on the Judicial Appointments committee that works in each province.

The structure as per the provisions of the Magistrates Act, 90 of 1993 should be as follows:

1.  Chairperson from the Magistrates commission;

2.  Four (4) Magistrates form the district court (1 x from JOASA; 1 x Magistrate; 1 or 2 cluster heads and/or Chief Magistrate)

3.  Three (3) Magistrates from the regional court (1 x Regional Court President and two regional court Magistrates with one being from ARMSA)

4.  One (1) member of the advocacy and an alternate.

5.  One (1) attorney and an alternate.

6.  DOJCD regional head

7.  Two (2) members of civil society

8.  Such members as committee might co-opt.

We have perused the present representatives and concluded that same is loaded in favour of the white community in the Northern Cape.

To give you an idea, see the how the structure is constituted:

·  Ms. O. van Papendorp- Chairperson (Member of the Mag. Comm)

·  Mrs. R. Prinsloo- Magistrate

·  Ms. Terreblanche -Acting/Chief Magistrate

·  Mr. F. Erasmus- Magistrate

·  Mr. F. Erasmus- Member of JOASA

·  Mr. K.M. Nqadala- Regional Court President

·  Ms. C. Kgopa- Magistrate

·  Vacant- Association of Regional Magistrates of SA nominee

·  Mr. P. Horn- practising attorney with Mr. S. Groenewaldt as an alternate

·  Mr. Rodney Isaacs- DOJCD regional head

·  Civil society- Mrs. N.B. Magau

This committee will serve till the end of 2009. After this time, members to this structure will serve for a three years.

They informed us that they will invite nominees to sit on that structure. We must ensure that we submit names of people who will go in there to play a positive role.

11. Briefing patterns

This is problem that is perennial in the new South Africa. In the local government area you meet white attorneys who tell you that whoever takes over politically, they will continue to get the work. Up to now, these statements have proved true. Who ever becomes the Council or Mayor, the flow goes where it is used to.

The provincial government has also made positive pronouncements. The result has been patchy. They request you to do the work and then question your account so that it takes longer for them to pay you.

This will remain a vexed problem as the survival of some is at stake while the egos of some are at stake.

The attorneys firms must support Black advocates so that they can later be called experienced.

We requested a meeting with Sol Plaatje Mayor and Municipal Manager to discuss their briefing patterns. That meeting never took place.

A meeting with the Premier has been requested to open channels of communication. That meeting never materialised.

A meeting was requested with the Director General. Again that meeting never materialised.

12. Justice for all

Our new order makes available to members of the public who are accused in Court an attorney. The problem is that the presiding officers expect such officers of the court not to waste time on taking proper instructions in favour of depleting the court roll.

We believe that presiding officers are right to complain to the principal of the attorneys who are supposed to represent accused persons when something is amiss. We trust that parties will assist each other in making the system to work.

13.  Presence of BLA on the Circle 16

The BLA has failed to put some members onto the executive of the Circle 16 executive. It need not be members who are on the executive who must sit on that structure. Remember that all of us are members of the Cape Law Society and are therefore entitled to participate in the activities of the circle.

The need for the BLA to deploy our members on the circle remains necessary.

14.  Seminar 19 July 2008

Magistrates Adams agreed to offer, in conjunction with the Chairperson of the BLA, a seminar on Civil Court process.

Regrettably, the members and non members did not attend although we advertised within the normal limits.

14. Radio Teemaneng

A discussion was held with Radio Teemaneng in terms of which we wanted the

BLA members to advertise their strength in the public arena with a view of giving them a chance to win the confidence of the public.

The Teemaneng management offered us prime time subject to our firms being willing to do pro bono work for them in exchange. This matter is still on ice and may be resuscitated if there are members who want to take this chance.

15.  General Meetings

The general meeting that were called during the year 2008 were not successful. The people who sometimes attended were non-members. This has meant that members could not direct the organisation.

We cannot continue on this basis as the organisation can only grow with programmes.

16.  Relations with SAWLA

We directed a letter calling for a meeting between the BLA and SAWLA to discuss fraternal relations, but to date have not received an answer.

17.  Legal resources centre

The idea for the establishment of a resource centre has been mooted by Magistrate Adams. A meeting that was populated by the DOJCD, Duncan & Rothman and the BLA was convened. The committee that was required to prepare founding documents is still to revert.

18.  General Meeting

A general meeting was held on the 25 February 2009. The following was reported:

·  The Legal Practice Bill whose intention is to establish a unified structure that must govern legal practitioners. The Minister is yet to consult broadly before championing the bill through parliament.

·  Practice Support- The law societies are in the process of setting up the logistics for the loan scheme that will help new entrants in the profession to open new practices.

19.  Transformation of Sheriffs

The positions for sheriffs have been advertised and the BLA has supported applicants who will advance Black empowerment and transformation.

We are waiting for the DOJCD to finalise the appointments and up to date, we have not heard anything.

20.  Hlophe JP

We are part of those who celebrate the decision of the Judicial Services Commission. We trust this chapter will not repeat itself anytime soon.

We request that the elements in Western Cape leave Hlophe JP alone.

21. Black Structure meeting

We have planned to meet with the ANC to request them to pronounce themselves on the national issues that they agreed to with the CBBO nationally.

Locally the BLA works closely with the BMF and ABASA.

The issues that we still plan to canvass with the ANC are as follows:

·  Black professionals do not get work from government;

·  Payment turnaround time is too slow;

·  Skills transfer to government;

·  Other types of relationships between the form and government;

·  Development of entrepreneurship in the Northern Cape;

·  Appointment onto the Premiers Bursary Fund;

·  Accelerate maths and science teaching; and

·  Keeping the Rands in our province.

We hope that the ANC and the government will meet with us to discuss the above.

21.  BLA Deployees

Mr. Mjila is part of BLA block in the Cape Law Society and has been fighting the battles on behalf of countless black people who face hard times due to non compliance with the law society rules.

Our former Chairperson, Mr. Dali Mjila was elected and currently sits on the National Executive Committee of the BLA as the deputy general secretary.

In the AGM of the Cape Law Society held in November 2008, Mr. Mjila made history when he was elected as the first black Northern Cape person to be Vice President of the Cape Law Society.

Mr. Mjila championed the bringing of a national meeting to the Northern Cape for the first time. NEC decided to give us the national general meeting to host. It was a resounding success.

With the establishment of COPE, the new party, in 2008, the policy of Affirmative Action was threatened. Mr. Mjila was mandated to speak on the SAFM radio on behalf of the BLA nationally. It was a successful representation of the BLA on the national platform.

Mr. Mjila campaigned successfully for the nomination of our present Chairperson to the interview panel for the Sheriffs in our province.

He also succeeded in the nomination of Mr. Groenewaldt onto the Judicial Appointments Committee in our province.

The BLA block succeeded in getting the Cape Law Society Council agree to set aside an amount of R30000.00 annually for all the travelling and accommodation needs of the serving non-councillor BLA branch Chairperson when he/she needs to attend BLA meetings.

Mr. Stephen Groenewaldt also serves as the member of Attorneys Admission Examiners Committee in our province.

CONCLUSION

The branch has achieved some measure of success with the ascension of our former Chairperson, Mr. Dali Mjila onto the Vice Presidency of the Cape Law Society. In fact the good thing is that Mr. Mjila is destined for the Presidency of law society in 2010. It is a pity that the AGM of the Cape Law Society will not be in Kimberley so that the branch can go the in full force to support his election.

Finally, the BLA can achieve a lot in our province. Clearly, we need consensus that the new executive must organise some sub-branch of the BLA branch in the Upington region as we already have a presence in that region.

Thank you.

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