Words of thanks I have only been a chairman for nine months. It is a de- The following members acted in litigation on behalf of the GCB manding position that takes an enormous amount of time. I and did so in the true tradition of the Bar. They deserve our have received great assistance from especially McCaps Motimele thanks: SC, Izak Smuts SC and Jeremy Muller SC. • Mansingh v GCB – Willem van der Linde SC, Jenny Cane Elize van der Heever is exceptional. Much of the little I managed SC, Kirsty McLean, Anthony Stein, Iain Curry. was due to her and her superb administrative skills. Tracy • RAF litigation – Hilton Epstein SC, Andy Bester, C Ma- Nothnagel is an excellent assistant. I cannot thank them enough. lema, R Wilson. The next year is probably the most important in the GCB’s • GCB v Ndlova – Roland Suhr, KwaZulu Natal. history. We all have a duty to ensure that we act in the best interests of the profession and ensure that future generations will I thank every one involved in ensuring that our standing com- not consider us as the people who failed the profession. A mittees remain active and perform their functions properly. 16 July 2012

STOP PRESS: GCB press release Annual general meeting Sydney and Felicia Kentridge Award; LPB

The GCB held its 67th annual general meeting at the Elangeni – access to legal services is limited. Hotel in Durban on 20–21 July 2012. • Welcomed: The Sydney and Felicia Kentridge Award for Service to Law in – the introduction of the LPB as a means to address the Southern Africa was awarded to former Chief Justice Sandile aforesaid inadequacies; Ncgobo by the GCB at a gala dinner on the Friday evening. – the acknowledgement in the LPB, of the right of The award is presented annually to a person who has made an to practise their profession; exceptional contribution to the development of the law in Southern – the fact that a stated objective of the LPB is to strengthen Africa. The former Chief Justice needs no introduction and his the independence of the advocates’ and attorneys’ legendary service is a matter of public record. Chief Justice Mo- professions and to ensure that the rule of law is upheld. goeng addressed the guests at the dinner. • Resolved to work with government and the legislature, the At the conclusion of the meeting Ishmael Semenya SC was Law Society of , the BLA, Nadel and all other elected as chairman for 2012/13 with the following members of stakeholders in order to address the legitimate concerns his executive: Izak Smuts SC (deputy chairman), McCaps Motimele of such stakeholders and to this end to engage in frank SC (vice-chairman), Anthea Platt (honorary secretary), Johanni and robust discussion with the legislative and executive Barnardt (assistant honorary secretary), Tayob Aboobaker SC, arms of government, based on the following principles: Andrea Gabriel SC, Kgomotso Moroka SC, Jeremy Muller SC, – That advocates should have the right to freedom of Craig Watt-Pringle SC, Gerrit Pretorius SC (ex officio as past association, in particular the right to organise themselves chair), Archie Findlay SC (ex officio as convenor of the National in their own bodies. Bar Examination Board) and Mbuyiseli Madlanga SC (ex officio – That the advocates’ profession should be recognised as the GCB’s representative on the Judicial Service Commission as a distinct profession within the wider realm of legal (who serves with Izak Smuts SC as the GCB’s other representative). practice, and to this end should be able to: It is also important to record that at the annual general administer a system of pupillage or practical training meeting a resolution was adopted in terms of which the advo- required for admission to the profession and in so cates’ profession expressed its support for parts of the Legal doing promote access to the profession by historically Practice Bill (LPB) in principle. disadvantaged individuals; The GCB – formulate and administer a set of rules of conduct for • Noted the introduction of the LPB which, inter alia, seeks its members and a disciplinary system for the infraction legitimately to address the following issues: thereof; The fact that: employ personnel and own assets for the administra- – the practice of law is regulated by different laws which tion of the profession; apply in different parts of the national territory and as a ensure that the fees charged by its members are result is fragmented; reasonable. – access to affordable legal services is not a reality for most South Africans; The GCB considers the retention of the above principles as being – the advocates’ and the attorneys’ professions are not in accordance with the aims and objectives of the LPB. A representative of the demographics of South Africa; 24 July 2012

Advocate August 2012 5 Judge Pillay has recently been ap- Eastern Cape pointed as a judge of the Supreme Court Pretoria Bar of Appeal. The Eastern Cape Society of Grahamstown By Thys Snyman Advocates wishes Judge Pillay everything of the best for his new challenge at the Supreme Court of Appeal. Judge Pillay and his wife have three daughters. The eldest Changes on the Bench is completing her Masters degree in Jour- Regbank The Eastern Cape Bench is poised to lose nalism at NMMU, the second daughter is Ons het in die April 2012-uitgawe gemeld two of its members to the Supreme Court practising as a dentist and his youngest dat regter Christoffel Botha op 30 Mei 2011 of Appeal. daughter is a dentistry student at the Uni- afgetree het en dat die Balie op 24 No- versity of the Western Cape. vember 2011, tydens die laaste skemer- Justice R Pillay kelkfunksie van 2011, op gepaste wyse van By GH Bloem SC Justice XM Petse hom afskeid geneem het. Judge Ronnie Pillay was a member of the By ML Beard Ons sou in hierdie uitgawe ‘n biografie Eastern Cape Society of Advocates prac- Judge Petse was appointed as a judge of van die regter verskaf. Weens omstan- ticing at Port Elizabeth for many years. He the Mthatha High Court in 2005 and has dighede buite ons beheer, kon ons onge- was awarded silk during 1994. He was ap- served in that capacity for approximately six lukkig nie betyds die nodige inligting pointed to the Bench of the Eastern Cape years. At the time of his appointment to the bekom vir publikasie in hierdie uitgawe nie Division of the High Court during 1997, Supreme Court of Appeal he had been the – dit sal beslis in die volgende uitgawe ver- having acted in that capacity since January acting Deputy Judge President of that court skyn. 1996. for a period of three years. Prior to his ap- Judge Pillay has played an active role pointment to the Bench, and after attaining The following members acted as judges in in the community over the years. He has a a BProc degree, Judge Petse was admitted the North Gauteng High Court, Pretoria: keen interest in sport, more particularly to practice as an attorney in 1982. After Ben van den Heever SC: cricket in the Eastern Cape. He served as a practising for six years, he returned to uni- (10/04/2012 – 20/04/2012; cricket administrator right up to interna- versity to read for an LLB degree, which was 14/05/2012 – 01/06/2012). tional level. He served on the Rules Commit- conferred upon him in 1989. He then re- Louis Vorster SC: tee of the International Cricket Council. He turned to practice as an attorney until 1997, (09/04/2012 – 01/06/2012). is a founder member of NADEL in the when he first accepted an acting appoint- Dawie Fourie SC: Eastern Cape and nationally. He was ap- ment to the Bench of the Mthatha High (23/04/2012 – 04/05/2012). pointed by NADEL to lead the anti-death Court. Judge Petse has at all times displayed Norman Davis SC: penalty campaign in the Eastern Cape. He an exemplary judicial demeanour and the (09/04/2012 – 04/06/2012). has been a member of the council of the quality of his judgments indicates that he Louis de Klerk SC: Metropolitan University, will continue to make a significant contri- (09/04/2012 – 01/06/2012). presently being the chairperson of that bution to our jurisprudence in his new capa- council. city as a judge of appeal. A In memoriam Henri Francois Junod SC The Pretoria Bar has lost its most senior GCB NEWS STOP PRESS: Sydney and Felicia Kentridge Award honorary member – Henri Francois Junod SC passed away on 22 April 2012. The Pretoria Bar expresses its sincere con- dolences to our colleague’s family and friends. A detailed biography of the late Junod SC will be published in the next issue of the .

The 2012 Winter Blanket Project For the fourth year in a row members of the Pretoria Bar generously contributed towards the Winter Blanket Project. Some 900 blankets were donated to four charity organisations for distribution amongst the street people in the city and to other needy charities in Pretoria. A

GCB chair Gerrit Pretorius SC presenting the Sydney and Felicia Kentridge Award to former Chief Justice Sandile Ncgobo. See report on page 5.

10 Advocate August 2012