KWAZULU-NATAL LAW SOCIETY

MINUTES OF

ANNUAL GENERAL MEETING

HELD ON

20 OCTOBER 2017

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

ANNUAL GENERAL MEETING 2017

M I N U T E S

OF THE MEETING HELD AT COASTLANDS UMHLANGA HOTEL,

329 UMHLANGA ROCKS DRIVE, DURBAN ON FRIDAY, 20 OCTOBER 2017

MEMBERS OF THE COUNCIL PRESENT: U. JIVAN, PRESIDENT (DURBAN)

V.R.D. O'CONNELL, VICE-PRESIDENT (DURBAN) L.C. PETER, VICE-PRESIDENT (DURBAN)

C. PILLAY, VICE-PRESIDENT (PIETERMARITZBURG) R.R. BADAL (VERULAM)

E.R. BARRY (PORT SHEPSTONE) M.A.A.S. ESSA (PIETERMARITZBURG) N.S. KHANYILE-KHESWA (DURBAN)

G.J. McLACHLAN (PIETERMARITZBURG) E.A. MOOLLA (CHATSWORTH)

M. NELUHENI (NEWCASTLE) X. NTSHULANA (PORT SHEPSTONE) R.N. SCOTT (PIETERMARITZBURG)

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

P.F.D. TAKALO (PIETERMARITZBURG) E.B. ZACA (PIETERMARITZBURG)

ACTING DIRECTOR N. HARRIPERSAD

MANAGER: FINANCE

T. ZONDI

MANAGER: REGULATORY AFFAIRS P. ARNOLD MFUSI

MANAGER: LIBRARY SERVICES

S.T. NGCOBO

AGM MINUTES - 1 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- OPENING SESSION The President, Mr Umesh Jivan, chaired the meeting. He welcomed everyone present. SPEAKERS INTRODUCTION OF AND ADDRESS BY PROFESSOR TIMOTHY NOAKES OF THE UNIVERSITY OF CAPE TOWN (DIVISION OF EXERCISE AND SPORTS MEDICINE) Mr Umesh Jivan introduced the first speaker, who is both a Professor and Medical Doctor, Timothy Noakes. He made the following brief introductory comments: Professor Noakes is an Emeritus Professor at the University of Cape Town. He is a NRFA1 rated scientist in nutrition and exercise science. He has been cited more than 17 000 times in scientific literature and has an H index of 71. He is author of, amongst others Law of Running, ranked the ninth greatest book on running, Waterlogged and The Real Meal Revolution. His latest book, Law of Nutrition, challenging current dietary beliefs, tells the story of his conversion to a low carbohydrate diet and the backlash it evoked from the South African academics, including a three year long trial of his professional misconduct, or conduct. The book will be released in November 2017. Professor Timothy Noakes addressed the meeting on “Banting, Tweeting and the Law”. Mr Raj Badal thanked Professor Noakes for the enlightening talk on healthcare. The membership posed various questions to Professor Timothy Noakes to which he replied. INTRODUCTION OF AND ADDRESS BY RICHARD SCOTT, KZNLS REPRESENTATIVE ON THE NATIONAL FORUM Mr Raj Badal introduced the next speaker, Richard Scott, who is a Councillor of the Society, Director of Scott Attorneys in Pietermaritzburg and an ex-Chairperson of the Law Society of South Africa. He was also the Society’s representative on the National Forum. Mr Richard Scott addressed the meeting on the “Legal Practice Act”, and explained the implications of same on the legal profession.

AGM MINUTES - 2 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- INTRODUCTION OF AND ADDRESS BY DR HEMANT RANJI NOWBATH, SPECIALIST PSYCHIATRIST AT THE MOUNT EDGECOMBE AND UMHLANGA HOSPITALS

Mr Badal introduced the next speaker, Dr Hemant Ranji Nowbath, who is a psychiatrist in private practice. Dr Hemant Ranji Nowbath addressed the membership on “Stress at work: source, severity & solutions”. INTRODUCTION OF AND ADDRESS BY MR GAVIN MCLACHLAN, CHAIRMAN OF THE IT COMMITTEE OF THE LAW SOCIETY OF SOUTH AFRICA

Mr O’Connell advised the membership that Mr Brendan Hughes who was scheduled to present a talk, was unable to attend the meeting, due to logistical difficulties he had encountered. He thereafter introduced Mr Gavin McLachlan who is the Chairman of the IT Committee of the Law Society of South Africa, and a member of the E - Deeds Tasks Team which has been appointed to investigate the automation of property transactions. Mr Gavin McLachlan addressed the meeting on digital ethics and the Protection of Personal Information (POPI) Act. WELCOME The President welcomed everyone present and acknowledged the presence of the following distinguished guests:

INVITED GUESTS Deputy Chief Justice, Mr Raymond Mlungisi Zondo of the Constitutional Court of the Republic of South Africa Professor Timothy Noakes from the University of Cape Town, Faculty of Medicine, Division of Exercise, Science and Sports Medicine Dr Hemant Ranji Nowbath, Specialist Psychiatrist at the Mount Edgecombe Hospital and Umhlanga Hospital Mr Richard Scott, KZNLS Member on the National Forum Mr D. Bekker, Co-Chairperson of the LSSA Ms K. Kriel, Production Editor of De Rebus, LSSA Mr M. Molefe, Chief Executive Officer, Attorneys Fidelity Fund Mr J. de Beer, Risk Management Executive of the Attorneys Fidelity Fund Mr S.S. Mbelle, Managing Director of the Attorneys Insurance Indemnity Fund Mr M. Mukansi, The Manager of the Attorneys Development Fund Ms N. Khwinana, Chairperson of the Attorneys Development Fund Ms Barbara Whittle, Communication Manager, LSSA Mr A. Pillay, Acting Chief Executive Officer & Finance Director of the LSSA Mr S. Madiba, Chairperson of the Attorneys Fidelity Fund

AGM MINUTES - 3 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- STANDS AT THE AGM The President thanked the following sponsors for their sponsorship of prizes at the Annual General Meeting:

LexisNexis Korbitec Professional Provident Society (PPS) Juta Samsung SAFLII First National Bank PWC Sabinet Alexander Forbes

He encouraged those in attendance to visit the stands, and to participate in the lucky draws. GUEST SPEAKER

INTRODUCTION OF GUEST SPEAKER: DEPUTY CHIEF JUSTICE, MR RAYMOND MLUNGISI ZONDO OF THE CONSTITUTIONAL COURT OF SOUTH AFRICA Mrs Khanyile-Kheswa introduced the guest speaker, Deputy Chief Justice Raymond Mlungisi Zondo of the Constitutional Court of South Africa. She provided a brief background of his career, which is reflected hereunder: Justice Zondo was born in Ixopo, KwaZulu-Natal. He is married and has been blessed with four children. He matriculated at St Mary’s Seminary at Ixopo, and thereafter studied law at various universities, obtaining the following degrees: BJuris at University of Zululand; LLB at University of Natal; LLM cum laude in labour law at the University of South Africa; LLM with specialisation in commercial law at the University of South Africa; LLM in patent law at the University of South Africa. Justice Zondo served part of his articles of clerkship under the late Ms Victoria Mxenge in the latter’s law firm in Durban. After Ms Mxenge’s assassination by apartheid agents, Justice Zondo ceded his articles of clerkship to Mthembu and Partners and thereafter to Chennells Albertyn Attorneys. After admission as an attorney, he became a partner in a Durban law firm, Mathe and Zondo Incorporated, in which firm he practised for a number of years before he was appointed as a judge. He also served on a part-time basis as a mediator and arbitrator. In 1991 and 1992 Justice Zondo served in two Committees of the Commission of Enquiry regarding the prevention of public violence and intimidation, which is also known as the Goldstone Commission, which investigated violence in South Africa during the early 1990s.

AGM MINUTES - 4 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- In 1994, Justice Zondo was appointed as a member of the Ministerial Task Team which was given the task of producing a draft labour relations bill for the post-apartheid South Africa. With certain amendments that bill was later passed as the Labour Relations Act 1995. In 1996, he was appointed as the first chairperson of the governing body of the Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, from which position he resigned upon appointment as a judge. Justice Zondo was appointed as an Acting Judge of the Labour Court, with effect from 1 February 1997. He was appointed as a Judge of the Labour Court with effect from 1 November 1997. In April/May 1999 he was appointed as a Judge of the then TPD Division of the High Court, now known as the North Gauteng Division of the High Court in Pretoria. On the 1st of August 1999 he was appointed as Acting Judge President of the Labour Appeal Court and Labour Court. On 1 May 2000 he was appointed as Judge President of the Labour Appeal Court and Labour Court for a term of office of 10 years. While he was Judge President, Justice Zondo served in various Ad hoc Committees established by the heads of court. After completing his term of office as Judge President in 2010, Justice Zondo returned to the North Gauteng Division of the High Court and resumed his duties as a Judge of that court. He was with effect from 1 November 2011, appointed as an Acting Judge of the Constitutional Court until the 31st May 2012. On the 13th of August 2012 he was appointed as a Judge of the Constitutional Court with effect from the 1st of September 2012. Justice Zondo has published articles and written chapters in three books. In March 2011, Justice Zondo was honoured by the KZN Legal Forum consisting of many legal bodies with an award for his contribution to human rights in South Africa. ADDRESS BY DEPUTY CHIEF JUSTICE RAYMOND MLUNGISI ZONDO The Deputy Chief Justice thanked Mrs Khanyile Kheswa for the introduction. He commenced by thanking the Society for having supported him during his judicial career over the past 20 years. He stated that he felt honoured to have been invited to speak at the General Meeting and addressed the meeting on the topic, ‘The Separation of Powers and its relevance in modern democracies’. EXPRESSION OF THANKS TO THE GUEST SPEAKER Mrs Khanyile Kheswa expressed a vote of thanks and appreciation to the Guest Speaker. She presented the Deputy Chief Justice, with a gift as a token of the Society’s appreciation.

AGM MINUTES - 5 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- REPORT ON THE LAW SOCIETY OF SOUTH AFRICA (LSSA) The Chairperson invited Mr David Bekker, the LSSA Co-Chairperson to address the meeting on the activities of the LSSA. ADDRESS BY MR DAVID BEKKER ON THE LAW SOCIETY OF SOUTH AFRICA (LSSA) The following is a summary of the address: Mr Bekker mentioned he was deeply saddened by the passing of Nic Swart, which was a big loss to the profession as a whole because of his immense contribution made to legal education and development. He highlighted the issue of the litigation involving Proxi Smart and the importance of the matter in relation to the interests of the profession. He spoke briefly on the activities that the Law Society of South Africa is involved in for the benefit of the profession i.e. the engagement, with SARS, the Deeds Offices and several other departments. He spoke about the Law Society of South Africa’s intention to look at the amendment of its constitution in the context of the new dispensation under the Legal Practice Act as well as its implications on the profession and the Legal Practitioners Retirement Annuity Fund. Mr Bekker thanked the President, Mr Jivan for the opportunity to address the meeting. REPORT ON THE ATTORNEYS FIDELITY FUND (AFF) The Chairperson invited Mr Strike Madiba, the Chairperson of the Attorneys Fidelity Fund to report on the activities on behalf of the Board of Control of the Attorneys Fidelity Fund. ADDRESS BY MR STRIKE MADIBA ON THE ATTORNEYS FIDELITY FUND The following is a summary of the address:

Mr Madiba advised members of the role of the Attorneys' Fidelity Fund in the profession. He spoke briefly on the Fund’s financial position, the risks associated with its sustainability and the mechanisms that are in place to manage them. He further spoke on functions of the Fund in the context of the Legal Practice Act as well as on the support that it would provide to the Legal Practice Council in the form of the payment of an annual appropriation in terms of section 22 of the Legal Practice Act.

AGM MINUTES - 6 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- He highlighted the role played by the Compliance Support Programme which the Fund has deemed it fit to embark on and acknowledged the participation of the Society and the Free State Law Society. He encouraged the remaining Societies to participate in the programme. Mr Madiba thanked the President for the invite to attend the meeting and assured the Society that the Fund is indeed prepared, as it has been in the past, to continue working closely with the Law Societies and other stakeholders. REPORT ON THE ATTORNEYS INSURANCE INDEMNITY FUND The President called on Mr Sipho Mbelle, Managing Director of the AIIF to address the meeting on the activities of the AIIF. ADDRESS BY MR SIPHO MBELLE ON THE ATTORNEYS INSURANCE INDEMNITY FUND (AIIF) The following is a summary of the address: Mr Mbelle advised the meeting that the total value of the claims paid by the AIIF from inception to date was in the region of a billion rands. He expressed the view that these claims are as a result of the behaviour of legal practitioners. He encouraged practising attorneys to look at issues of risk management, efficient operating models and to have a pro-active risk management model. In closing, he stated that the cost of PI cover in South Africa remains the cheapest as compared to all other professions in the country. Mr Mbelle raised two issues, the first being that in November 2016 the board of the AFF resolved that the profession should contribute for the PI cover. This would be effective from the 2018 cycle the Fidelity Fund Certificates. The AFF will for the first five years assist in subsidising the PI cover until Year 6, where the practitioners will be expected to pay the full amount of the PI cover. They will be consulting the relevant stakeholders including the legal practitioners about how the actual implementation is going to happen. ATTORNEYS DEVELOPMENT FUND (ADF): The Chairperson invited the Manager of the Attorneys Development Fund (ADF), Mr MacKenzie Mukansi to address the Meeting.

AGM MINUTES - 7 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- ADDRESS BY MR MACKENZIE MUKANSI ON THE ATTORNEYS DEVELOPMENT FUND (ADF) The following is a summary of the address: Mr Mukansi addressed the meeting on the developments at the ADF and the programmes that had been pursued in an effort to provide the legal practitioners with information that is beneficial to them . He spoke about the strategic relationships that had been created with key stakeholders. PLENARY SESSION CONSTITUTION OF THE MEETING The President confirmed the attendance of more than 50 members, constituting a quorum, and therefore declared the Meeting properly constituted. NOTICE CONVENING THE MEETING The President requested that the Notice convening the Meeting, having been circulated to all members on the 1 September 2017, be regarded as read. The Meeting ACCEPTED that the Notice had been duly given. ATTENDANCE REGISTER The President requested members to record their names on the Attendance Registers, and any apologies of colleagues in separate registers for that purpose, which was circulated. APOLOGIES FROM INVITED GUESTS The Chairperson read out the apologies received from the following invited guests:

Mr W. Brown, Co-Chairperson of the Law Society of South Africa (LSSA) Ms M. Sedutla, Editor of De Rebus, LSSA Ms K. Ramotsho, News Reporter of De Rebus, LSSA Mr M. Haken, Chairperson of the Attorneys Insurance Indemnity Fund (AIIF) Mrs C. Marais, Chief Executive Director of the Free State Law Society Mr M.J.S. Grobler, Director of the LSNP

Mr F. Dorey, Director of the Cape Law Society Mr M. Jolwana, President of the Cape Law Society Mr L. Sigogo, President of the Law Society of the Northern Provinces

AGM MINUTES - 8 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- IN MEMORIAM At the request of the President, the meeting observed a moment of silence in memory of the following practising attorneys who had passed away since the 2016 AGM:

2016/02/19 Nkosinathi Magnificient Ndumo 2016/06/29 Manharlal Devjeebai Mistry 2016/09/26 Hermanus Stefanus Nel 2016/10/04 Loganathan Perumal 2016/10/06 Algenon Thiparese Khama 2016/10/28 Senzo Maxwell Dlamini 2016/11/16 Jacobus Johannes De Wet 2016/11/28 Bradley Lloyd Naidu 2017/01/01 Vikesh Gayanath Panday 2017/01/22 Rabindrachand Maharaj 2017/03/02 Proffesor Lindokuhle Mdletshe 2017/03/08 Frederik Beatrix Pretorius 2017/04/01 Luke Mthandwa Phungula 2017/04/03 Shaun Gilbert Hornby 2017/06/08 David Milligan Carlyle 2017/07/24 Jan Adriaan Venter 2017/07/27 Jotham Barnard Nkosi 2017/08/19 David Hercules Botha

MINUTES OF PREVIOUS MEETING The Minutes of the previous Meeting, held on 14 October 2016, which were posted to members on 1 September 2017, were unanimously ADOPTED on proposal by Mr Vernon O’Connell, seconded by Mr Yahya Hassan. PRESENTATION OF AWARDS: LIFE MEMBERSHIP AWARDS Mr Umesh Jivan presented Life Membership awards to the following persons who have been in practice for 40 years and still practising: (1) Mr Kumaraswamy Rajendra Moodley, who was admitted on 25 November

1972. (2) Mr Gregory Joseph Paola, who was admitted on 21 May 1973. (3) Mr Parick Newton Stilwell, who was admitted on 18 February 1974.

AGM MINUTES - 9 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- (4) Mr John Martin Gowans, who was admitted on 15 September 1975. (5) Mr Ebrahim Aboobaker Moolla, who was admitted on 4 April 1977. (LSSA Councillor 2003 and KZNLS President) The following were unable to attend the meeting: (6) Mr Douglas Priestly Kent, who was admitted on 10 November 1971.

(7) Mr Craig John Carstens Poole, who was admitted on 29 November 1976. (8) Mr Willem Pretorius Coetzee, who was admitted on 7 March 1977. (Mr Sifiso Msomi accepted the award on his behalf). (9) Mr Jacobus Gerhardus Swart, who was admitted on 16 May 1977. (10) Mr Patrick Allan Lander, who was admitted on 23 May 1977. (11) Mr Dudley Graeme Gifford, who was admitted on 30 May 1977. (12) Mr James Craig Jones, who was admitted on 5 June 1977. (13) Mr David Colin Shaw, who was admitted on 6 June 1977. (14) Mr Donald Murray White, who was admitted on 6 June 1977. (15) Mrs Meera Devi Chabilall, who was admitted on 13 June 1977. PRESENTATION TO SMALL CLAIMS COURT COMMISSIONERS Mr Jivan read out the names of the following long serving Commissioners who, since the 2016 Annual General Meeting, have achieved twenty years of service. (1) Mr Saigaran Ramadoo Brimiah (2) Mr Paul Lester Firman (3) Mr Anthony Ronald Irons They were all unable to attend the meeting. KWAZULU-NATAL LAW SOCIETY PRIZES FOR BEST FINAL YEAR LAW STUDENTS The President thanked LexisNexis and Butterworths for their financial contribution on the Awards presented to the best Final Year law students for 2016. The following students were presented with scrolls and book vouchers:

AGM MINUTES - 10 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- University of Zululand:

Ms Sikhulile Sithandiwe Zulu who was the University’s best final year law student and completed her LLB Degree with distinction. (Ms Zulu was unable to attend the meeting).

University of KwaZulu-Natal, Durban:

Ms Claire Bronwyn Gillespie who was the University’s best final year law student and completed her LLB degree Summa Cum Laude with an average mark of 84%.

University of KwaZulu-Natal, Pietermaritzburg:

Mr Benjamin Mark Meadows who was the University’s best final year law student and completed his LLB degree Summa Cum Laude with an average mark of 86%.

AWARDS TO FIRMS FOR EXCEPTIONAL TRUST INTEREST CONTRIBUTION The President thanked LexisNexis and Butterworths for its contribution towards these Awards. Mr Motlatsi Molefe, the Executive Director of the Attorneys Fidelity Fund, presented Awards for exceptional interest contributions to the following firms in the categories set out below: Categories Name of the Firm Received By

Sole proprietor Friedman & Associates No representative Justice Reichin Ramsamy Ms Karishma Sewpal Rajah Pillay Attorneys No representative 2-3 Partners/Directors Booysen & Co. Inc. No representative Askew Martin & Adrain Inc. No representative Cajee Setsubi Chetty Inc. No representative 4-6 Partners/Directors Larson Falconer Hassan Parsee Inc. Mr Yahya Hassan Meumann & White No Representative Randles Inc. Ms Sheryl Basson 7-10 Partners/Directors Mooney Ford Attorneys Mr Louis Simon Livingston Leandy Inc. No representative J. Leslie Smith & Co. Inc. Ms Anusha Ganas

AGM MINUTES - 11 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- 11+ Partners/Directors Garlicke and Bousfield Inc. Mr Robin Mun-Gavin Strauss Daly Inc. No representative Shepstone and Wylie Attorneys Mr Sifiso Msomi PRESIDENT’S REPORT The President tabled his report and thereafter handed over the chair to Mr Vernon O’Connell in order to deal with any discussion on the Report. There was no discussion and the President’s report was ADOPTED on the proposal of Mr Eric Barry, and seconded by Mr John Gowans. ANNUAL FINANCIAL STATEMENTS Mr Asif Essa, Chairperson of the Finance, Audit and Risk Committee, reported on the financial performance and financial position of the Society for the period 1 July 2016 to 30 June 2017 and presented the Annual Financial Statements for the year ended 30 June 2017. The following are the salient points reported by Mr Essa: The Society’s auditors gave the Society an unqualified audit opinion following a provision for doubtful debts of R4 021 124 that was raised in the year ending 30 June 2016. The Society wrote off R587 174 in the year ending 30 June 2017. Due to a low recovery rate on long outstanding debts on both arrear subscriptions and enquiry debtors, the Society will continue to have a high provision for doubtful debts. This is in line with the financial reporting requirement that at the end of every financial year the Society is required to assess the recoverability of its debtors and, based on that assessment, make a provision for doubtful debts. It is to be noted that the Society will continue to attempt to recover all outstanding debts. In terms of financial performance, the Society realised a nett loss of R196 769, primarily as a result of the increase in the provision for doubtful debts. It was noted that the Council has a panel of four firms appointed to assist the Society with recovering long outstanding debts. The balance sheet of the Society reflects that the Society’s current liabilities are adequately covered by its current assets, having particular regard to the cash and investment holding against trade and other payables. Revaluing the Society’s properties and short-term investments made during the year improved the Society’s overall assets. The overall nett assets increased from 38.3-million to about 47-million. Our total assets include short-term investments of 28.8-million.

AGM MINUTES - 12 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- Trade receivables and enquiry debtors will continue to be a focus area on the basis referred to above. Agency fees, which are the fees earned on the collection of trust interest, to be paid over to the Attorneys' Fidelity Fund is the major source of the Society’s income, comprising 58% of the Society’s total income for the year under review. Changes in interest rates have a direct effect on the agency fee. The Attorneys' Fidelity Fund is continuously reviewing its business development strategy to address the issue of the maximisation of trust interest and minimisation of bank charges. Income from investments shows an increase as a result of the broadening of the Society’s investment mandate to include investment in equity in addition to cash investment with banking institutions. The Society has taken a reasonably conservative approach by ensuring that the majority of the managed portfolio is invested in cash. Subscriptions is the second major source of income and, despite ongoing attempts to recover subscriptions and the offer to members to have these paid in instalments, the recovery of subscriptions remains an area of concern, so much so that the Council resolved to hand over long outstanding fees. Members were reminded that the Society is required to pay capitation levies to the Law Society of South Africa, irrespective of whether or not members pay their subscription fees for the provincial Law Society. The non-payment of fees, therefore, has a double impact on the Society’s finances. It was proposed that subscriptions be increased by an amount of R150 for both practising members and non-practising members, having regard to the increasing costs, the levies paid in the recent past on behalf of members and the relatively low rate levied against our members, as compared to other professions. The operating budget is based on a consideration of previous years’ expenses, with an allowance made for increased costs. Employee cost is a major expenditure The library continues to be one of the main items of expenditure and is a matter considered by Council annually. It is Council’s view that the benefit to the members is worth the expenditure. The Attorneys' Fidelity Fund sub vented approximately R2.3-million towards the library costs annually.. This contribution is in the light of the library being a national resource for all members of the attorneys’ profession. He encouraged members to make use of the facilities in the library, which now enjoys the full suite of electronic publications published by LexisNexis, Juta and Sabinet. The members were further encouraged to make use of the conference facilities at the Durban Law Library. The conference centre is situated close to the High Court and the Labour Court and is accessible for arbitrations. Mr Essa reported that the operational and administrative expenses were well within the budget for the period under review and almost in line with the 2016 expenditure, despite increasing costs.

AGM MINUTES - 13 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- The Council has approved the 2107/2018 budget as proposed by the Finance Committee, said budget anticipates a deficit of about 5.3-million. As far as income is concerned, it was noted that the income budget has been prepared conservatively, given current economic conditions and the fact that the interest rates are likely to remain the same in the near future. Council approved R150 increase for both practising and non-practising members. The effect of such increase is as follows: practising members from R2 360 to R2 510, that’s excluding VAT; non-practising members R1 940 to R2 090 excluding VAT. The collection of annual subscriptions, as indicated, remains a problem, as mentioned, and action will be taken over arrear subscriptions, which will result in unnecessary legal costs being incurred. An appeal was made to members to make good on their arrear subscriptions, as well as pay their current subscriptions timeously and, if necessary, make a formal arrangement with the Society to have these paid in instalments. To this end, members were requested to liaise the Finance Manager with their proposed payment arrangements. As far as expenditure is concerned, as with income, a conservative approach has been applied to expenditure, significant steps will continue to be taken to curtail costs and controls have been instituted to ensure that expenditure is in accordance with the budget and is necessary. The Chairperson placed the following matters for approval by the members: (1) The annual financial statements for the year ended 30 June 2017. (2) The auditor’s remuneration of R120 000 plus VAT. (3) The appointment of the auditors for the 2017/2018 financial year as follows: Mitchell’s Incorporated for the auditing of the business books of account and Roshan Morar and Associates for auditing the trust interest and curator books of

account. (4) Finally, the increasing of subscriptions for the year ended 30 June 2018 by R150

for both practising and non-practising members. He proposed the adoption of the items under (1), (2), (3) and (4) above and opened the report for discussion. Mr Essa reported on the issue of the misappropriation that had occurred at the Society and the steps that were taken to address the matter. Mr Jivan advised the membership that the reason why the Director was suspended, was not because there was any suspicion that he was involved in the theft, he was suspended because it was felt that he did not apply adequate oversight during the period when the theft had occurred. He stated that there was no proof that he was involved in any way with the theft.

AGM MINUTES - 14 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- Mr Msomi enquired as to how reliable the financials were in view of the theft having not been detected at the time at which it had occurred. He further requested that the Council take the members in attendance at the meeting into their confidence by explaining exactly what the “innovative way” was and why the Director was then held to be responsible for not exercising oversight, so that the members could get a clearer and further understanding of what had transpired. He further enquired about the steps that have been taken by the Society to recover the money from the guilty party. Mr Essa advised what had transpired was that there were misrepresentations on the documents that were presented for the purposes of facilitating payments to creditors and ultimately to the banking account. He gave an example of the scenario that he was explaining. The forensic auditor had investigated the transactions and the matter had been referred to the South African Police. Mr Essa declined the request to disclose further details in relation to the Director but confirmed that he had been placed on suspension as a cautionary measure and had subsequently resigned prior to the matter being finalised. Mr Surju advised that an explanation would in the circumstances not suffice and insisted that the members be advised regarding the findings contained in the forensic report. Mr S. Mbatha raised the issue of the reliability of the auditors and questioned why they had not detected the theft. He further questioned why they were not being held liable. Mr Essa replied to the queries raised and stated that the matter will be taken up with the Council however he noted that is was to a certain extent sub judice. A report has been furnished to the Council, however the matter had not been finalised. Although the resignation has been accepted as far as the Director is concerned, there are criminal charges that are pending as far as another employee is concerned. o Mr Mbatha’s question is concerned; your issue is noted and I think that is something that we can circulate to our membership as far as a report in regard to the auditors and whether there was any shortcoming on their part. We will circulate once in the near future a report from the auditors with regards to the issue that you have raised. Ms Katrina Womack raised concern that the auditors seem to have been exonerated, but that the members had not been told how or what the process was, and it seems almost premature, in that the criminal proceedings has not taken place, and it was not known if there was any negligence because it is not one year that we are talking, but it seems like a number of years and one would have thought that the auditors would have picked up something a while ago. Mr Essa in response stated that the forensic auditor placed no blame whatsoever on the auditors, and had completed a comprehensive investigation on the transactions. The Society would address the issues that have been raised in a circular in due course.

AGM MINUTES - 15 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- Mr Krish Govender commented that in the main, he is not imputing anything, but that is the nature of auditors all around the world, the Wall Street crash and all these big companies that have destroyed economies have all been in partnership with one another. He expressed the view that as a precautionary measure, it would be appropriate for the auditors to be replaced for the incoming year. Mr Essa responded that the appointment of the auditors under (3) would be deferred for a period of one month in order for Council to consider the motion. Mr Jivan requested clarity whether the decision to defer the appointment of the auditors related to the internal auditors only, or whether it included the external auditors. He proposed that the Society invites two other firms of auditors, or from as many firms of auditors to tender but would not invite the existing firms to participate in the process. He asked whether his proposed approach was acceptable? Mr Surju was in agreement. Mr Mbatha thought they should open the tender issue of the auditors to not just two or the big five, but to a wide range of auditors. Mr Essa advised the President, that as a motion had been proposed and seconded , the only qualification he had is the fact that the explanation from the auditors had not been disseminated to the members and that he understand from Mr Govender that it is a cautionary approach that is being adopted and possibly once the auditors had given an acceptable explanation, then they could be invited once again to tender. But, in the interim, he understand what the motion is. Mr Lax advised to appoint an appropriate two sets of auditors, because we cannot reconvene a Special Meeting just to appoint the auditors. So, it was necessary to authorise Council as part of that motion, having received new proposals, to then select the best proposal for that purpose. Mr Jivan requested that it be clarified that the motion then, that this meeting will authorise Council to appoint two auditors, new internal and external auditors after receiving the tender process. Now, the only variance between Jay Surju’s proposal and Asif’s proposal is that Jay Surju said that he would not like the existing firms to tender again. He stated that this was the only point that remains to be resolved. Mr Essa, was asked whether he wanted to persist with that request, or whether he was amenable to Jay Surju’s request? Mr Essa responded by saying that he thought Krish Govender has qualified it on the basis that it is cautionary. He stated that there may have a situation where the auditors get a clean bill of health, in which event it would be an unfair proposal that is being advanced. He suggested that an explanation from the auditors be disseminated to the general membership within a short period of time and that there be a Special General Meeting for this purpose.

AGM MINUTES - 16 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- Mr Jivan replied that if necessary then the Special General Meeting be convened. Mr Essa proposed that: first the explanation and then, if that explanation is unsatisfactory, a member could call a motion and perhaps, Jay Surju , at that time it would be appropriate to pass this motion. He stated that he understands that it has been seconded, but the cause for concern is that the audi alteram partem rule has not been observed So, the explanation from auditors will be furnished the membership, thereafter perhaps have a Special General Meeting to consider the appointment of auditors. Mr Jivan stated that he thought that we are going to adopt that procedure. Mr Badal stated that he thought then the meeting should move an amendment of Jay’s resolution to that effect. Mr Jivan advised that after hearing from the auditors a Special General Meeting will be convened to reconsider the appointment of the internal and external auditors. Mr Essa enquired from Mr Surju as to whether he was you satisfied with the amended proposal as suggested by him, and enquired from Mr Mbatha, who seconded that motion, whether he was satisfied? Ms Womack raised concern that the whole matter was now in abeyance Mr Jivan advised that he understood that both motions were accepted,being the response from the auditors would be awaited where after the tender process would be attended to. Mr Msomi advised that he was inclined to support Mr Lax’s recommendation as far as the process going forward is concerned, because he would imagine that the costs of convening a meeting of this nature were not minimal. He understood Mr Lax to have been suggesting that the members should adopt a resolution that is going to entrust the leadership of this Society to investigate, revert with facts and empower by way of a resolution this afternoon powers to appoint new auditors if there are issues with the current auditors. Mr Essa responded to Mr Sifiso Msomi, and requesting him to clarify whether he was proposing that the members adopt the other three items and that, as far as item No 3 is concerned, it be left to the Council to investigate and to procure an explanation, circulate to members, consider comments and resolve on the matter. Mr Jivan asked Mr Surju whether he was happy with Mr Msomi’s suggestion. Mr Essa advised the President, that the proposal be accepted with one qualification: being that tenders would not be invited if there is an acceptable explanation.

AGM MINUTES - 17 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- Mr Jivan advised Mr Surju that a summary of the forensic report would be made available and that it would be necessary for a Special General Meeting to be held with the forensic auditor being requested to attend to address queries directly from the members. Mr Badal advised the President that he agree with Ilan. Mr Jivan requested that the matter proceed as he had initialled proposed and requested Mr Essa to confirm whether he was amenable. Mr Essa replied in the affirmative. He placed for approval items (1), (2) and (4) and item No 3, the appointment of auditors for the 2017/2018 financial year will be deferred to the Council meeting that is to be convened on the 24th of October, the matter to be discussed, and membership to be informed as regards the future conduct of the appointment of the auditors, having regard to the comments made at this meeting. He stated that the matter would be discussed and thereafter members will be informed as far as whether a Special General Meeting is going to be convened and the chronology, i.e., the explanation from the auditors, etc. The Chairperson of the Finance Committee proposed the APPROVAL of: (1) The annual financial statements for the year ended 30 June 2017. (2) The auditor’s remuneration of R120 000 plus VAT. (4) The increasing of subscriptions for the year ended 30 June 2018 by R150 for both

practising and non-practising members. which was APPROVED by Mr Badal and seconded by Ms Naicker. CONSIDERATION OF SPECIAL BUSINESS MEMBER’S MOTION Mr Jivan proposed by the following special business by members, which motion reads as follows: “With effect from 1 November 2017, an attorney who is appearing in

the Magistrates’ Court, where his or her opponent is an Advocate, will not have to robe.

The above change will align the dress code with those of all legal

practitioners who appear in the High Courts of the Republic of South Africa.”

After discussion on the motion, Mr Jivan withdrew his motion.

AGM MINUTES - 18 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- ELECTION OF COUNCILLORS: The President announced that the NADEL constituency reverted regarding its deployees on the Council who are: NADEL Mr Asif Essa (new incoming President) Mrs Charmane Pillay (Deputy President) Mr Poobie Govindasamy Mr Raj Badal Ms Ugeshnee Naicker And congratulated Mr Asif Essa, the incoming President and wished him all the best in his tenure. The meeting NOTED that the following existing BLA representatives would continue to serve as Councillors: BLA Mrs N.S. Khanyile-Kheswa (Durban) M. Neluheni (Newcastle) L.C. Peter (Durban) P.F.D. Takalo (Pietermaritzburg) E.B. Zaca (Pietermaritzburg) In respect of the Independent areas of Pietermaritzburg and Country no vote was necessary and the members, in alphabetical order, who were elected are as follows:

Pietermaritzburg and Country John Olpherts Christie Eric Reginald Barry Gavin John McLachlan Praveen Sham Richard Neville Scott The President advised that for the Independent candidates for the Greater Durban area, six nominations were received for the five positions, and announced the results of the five candidates that were elected following the voting process are as follows:

Ebrahim Aboobaker Moolla Mrs Manette Strauss Saber Ahmed Jazbhay Phila Phelelani Magwaza Umesh Dhanjee Jivan

AGM MINUTES - 19 - 20 OCTOBER 2017 --------------------------------------------------------------------------------------------------- The President congratulated the elected candidates and thanked Mr O’Connell, who has served on the Council for the past two years for his contribution and service to the profession. The President thanked the following scrutineers for counting the votes in Pietermaritzburg: Sharlotte Rama, Sthabile Myeni and Sinobuhle Neliswa Mnikathi. GENERAL The President advised the meeting that the Annual General Meeting would conclude and that the last speaker would be Mr Essa. Mr O’Connell thanked the outgoing President for his service and his report. Mr Essa thanked the staff and Management of the Society for their service to the profession. CLOSURE In announcing the closure, the President advised members that require assistance, to contact any of the Councillors. He thanked the members for attending the meeting. MINUTES CONFIRMED ON ____________________________ PRESIDENT/CHAIRPERSON 23 October 2018

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ANNUAL GENERAL MEETING : 20 OCTOBER 2017

A T T E N D A N C E S

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Akoo, Afzal Anglia, Haroon (Sneller Recordings) Azmuh, S. Badal, A. Badal, R.R. Baig, M.Y. Basson, Sheryl Bekker, David (LSSA) Bigby, James Bigby, Margaret Bloch, Jeffrey Burne, Garth Burne, Gerald Canter, Paul Chatoorgoon, Omishka (FNB) Chelin, Sean Chetty, K. Chetty, Petrina (ProBono.Org) Chewparsad, Colleen Chili, Sifiso Clulow, Anthony Correia, R. Dayanand, S. De Beer, Gordon De Freitas, D. De Sousa, Tony Dlamini, Phumelela Dlamini, Sizwe Dlomo, Sandile Dorasamy, A.S. Dorasamy, Ureesh

Dube, Phinda Dwarika, Shamika (ProBono.Org) Ebrahim, S. Essa, Asif Fakrooden, Zain Gafoor, M.E. Ganas, A. Ganie, Iqbal Gillespie, Claire Goolam, H.E. Gounden, Anita Gounden, Jessica Gounden, S.P. Govender, A. Govender, Krish Govender, L. Govender, Maynard Govender, Pravina Govindasamy, Pregen Gowans, John Gqencu, Ukhona Gumbi, Dumisani Gumede, Musa Gumede, Muzi Hankinson, Guy Haridass, Danvir Hassan, Yahya Hiralal, Denver Hunter, Karien Jafta, Vuyokozi Jayrajh, Anand

“A.2” Jennings, Merrick Jivan, Umesh July, Mbuyiselo Khamla, Nzwandile Khan, F. Khan, Fawzia Khan, M.S. Kheswa, N.S. Kinder, Rosanne Kistan, Suren Kriel, Kathleen (LSSA) Lax, Ilan Lewis, Brett Liasides, Frederike Luthuli, Thembinkosi Madiba, S.S. (AFF) Magwaza, Mthunzi Magwaza, Phila Maharaj, Nalini (Ms) Maharajh, A.B. Mahlall, Mags Majola, B.H. Manilall, Nivashni Manyathi, L.L. Manzi, Thembalihe T. Maritz, Marius Masuku, B. Mathenjwa, Phiwokuhle Mbatha, S.M. Mbelle, S.S. (AIIF) Mboto, Themba McDonald, Victoria McLachlan, Gavin Mdaka, Vela Mdletshe, Victor Meadows, Benjamin Michael, Michelle Molefe, B.M. (AFF)

Moodley, Rajan Moodley, S. Moolla, E.A. Msomi, Sanele Msomi, Sifiso Mthembu, N. Mukansi, MacKenzie (ADF) Mun-Gavin, Robin Munien, G.C. Naicker, Ugeshnee Naidoo, Bradley Naidoo, G. Naidoo, Jivani Naidoo, Miroshni Naidoo, P. Naidoo, R. Naidoo, S. Naidoo, Trivania (Ms) Naidu, Yoshie Narain, R. Nathalal, R.K. Ndlovu, K.C. Neluheni, Matodzi Ngcamu, Mzo Ngcamu, Sifiso Ngubane, N. (FNB) Ngxongo, Menzies Nirhoo, Arshana Nirhoo, Nishan Nonyongo, Mzolisi Ntamane, C.T. Ntshulana, Xolile Nyasheng, Aphiwe Nzimande, D.J. O’Connell, V. Offermann, Trish Padayachee, K. Pala, Ugeeta

“A.3” Paola, Greg Pargoolall, Anastacia Parshotam, S. Peter, Lunga Phiri, More Pillai, Lucille Pillay, Alison Pillay, C. Pillay, Tony (LSSA) Poole, Mark Radebe, E.P.M. Raghavjee, Sheena Rajamany, Darren Ralfe, Robert Ramalingum, Lyndi (Ms) Ramasar, R. Ramasir, Kisoon Ramdhani, Ashnee Ramesar, Udesh Rampersad, Shamin Ranjith, Cameron Rasen, Leena Reddy, Lewhan Reece, Charles Samuel, Deborah (Ms) Scott, Richard Seedat, A.S. Seedat, Cassim Seedat, Zubeda Sewpal, K. Sewpersadh, Dr. P. Sewraj, Lovana Sham, P. Sharma, Edwin (FNB) Sheik, Veena Shelembe, Sanele Sibisi, Sfundo Simon, Louis

Singh, Hanamika Singh, M. Singh, R. Snyders, P. Sobey, Russell Stephenson, Howard Stilwell, Patrick Strauss, Manette Surju, J. Surujbally, Aveena Takalo, Dee Taverner, Syd Taylor, Marc Thusi, Sifiso Tooray, Annie Van Wyk, Rencia Vercuil, D.H.F. Vogel van der Sandt, Jeanné Warne, D. Whittle, Barbara (LSSA) Williams, Naomi Womack, Catharina Woodhaymal, Vibhav Xakushe, Mongezi Yomuhu, M. Zaca, Eric Zoko, Vusi

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ANNUAL GENERAL MEETING : 20 OCTOBER 2017

A P O L O G I E S

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Abbas, Hassan

Amod, J.C. (Mrs)

Argyropoulus, E. (Mrs)

Bhoola, V.N.

Botha, C.

Brereton, Randal

Christie, John

De Klerk, L.J.

Dewes, P.R.J.

Edmonds, Ingrid

Essop, Luthfiya

Gabela, Senele

Govender, Deker

Govindasamy, P.

Greene, R.C.L.

Harrison, Duncan

Hudson, John

Jazhay, S.

Johnston, Byron

Kasambara, Joe

Kheswa, L.C.

Mahes, N.M.

Mdlophane, Sbuyiselo

Meer, Riaz

Moonegha, N. (Ms)

Mthembu, V.B.

Ndlovu, Vusi

Pather, Sungaree (Ms)

Peter, Khanyi

Pieterse, Ruth

Pillay, K. (Ms)

Preston, Paul

Rajoo, Ravin

Ramasar, A.D.

Scott, Andrew

Surjoo, Urishka (Ms)

Wills, Clive