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We Remember Them JUDICIARY We remember them ... Judge Denis Gower Fannin when he joined his father's old regiment, man in 1979 when he was appointed an the Umvoti Mounted Rifles. honorary life governor. He was also the He was commissioned as intelligence chairman of the education specialist officer of the UMR and the Fourth South working group ofthe Buthelezi Commis­ African Brigade before leaving for North sion appointed by the Chief Minister of Africa. He was mentioned in despatches K waZulu to enquire into and report on The late Judge Denis Fannin for his part in the campaign which re­ various matters concerning the constitu­ sulted in the capture of Bardia by the tional future of this province. HE Judge President of the Natal Second SA Division and was later Denis was also vitally concerned with Provincial Division, Judge awarded the Military Cross. He was cap­ the needs of returned servicemen, and TGeorge Howard, paid tribute to tured at Tobruk and spent the rest of the he served as chairman of the Durban the late Judge Fannin, who died on 9 War in prison camps in Italy and Ger­ education committee of an organisation March 1997. The following is an edited many, during which time he did much caring for their needs. He was later version of his tribute: to bolster the morale of his fellow pris­ chairman of the National War Fund, a "Mr Gordon, Mr Attorney, Mr Von oners, who included Neville Holmes and member of its Natal executive and an Klemperer Taffy Harcourt who also survived to honorary national vice-president. He was We have gathered here to pay tribute serve on this Bench. a former chairman ofthe Pietermaritzburg to our friend and colleague Denis Gower After his return to Durban Denis went and Natal Midlands committee of the Fannin who died on Sunday in his nine­ back to the Bar and soon built up a busy Simon van der Stel Foundation, and was tieth year. He was appointed a judge of and successful practice. He took silk in the president of the Heart Foundation the Natal Provincial Division of the Su­ 1950 and held office as chairman of the in 1981. His abiding interest in wild life preme Court in March 1959 and retired South of Advocates of Natal and then of conservation led to many years' service as fIrst puisne judge at the end of July General Council of the Bar of South Af­ as a member of the Natal Parks Board, 1977. rica before his elevation to the Bench. and he was its deputy chairman until Everything that Denis Fannin did in He also found time during that period to November 1980. his life was well done. After matriculat­ contest and win for the United Party the Denis Fannin led a truly full and rich ing at Hilton College he qualifIed in law Durban Point seat in the Natal Provin­ life in the service of his fellowman. His with BA and LLB degrees at Natal Uni­ cial Council. He was a provincial coun­ accomplishments were many and var­ versity College in Pietermaritzburg. At cillor from 1949 to 1954, and he had ied but our purpose today is to pay trib­ university he was a member of the SRC several spells as an acting judge. ute to his achievements as a judge of and also of the university's first rugby Denis's interests were notconfmed to this COUlt: In his nineteen years on this team and the debating team. Later he law and politics. After 1945 he resumed Bench he displayed great wisdom, un­ was a member of the Council of the his involvement in education, becoming failing courtesy and a 'compassion for Natal University College for five years, a member of the board of governors of the underdog'. He was one of the finest and for two years was the first President Adams College at Amanzimtoti and its judges ever to grace the Bench of the of Convocation of the new University chairman for four years. At the same time Natal Provincial Division of the Su­ of Natal. He served articles in Pieter­ he was associated with the American preme Court. maritzburg and first practised as an at­ Board of Commissioners for Foreign We extend our deepest sympathy to torney in Durban. He was admitted as Missions. Until the time of his death he his wife Helen to whom he was married an advocate in 1930 and practised at the was a member of the board of governors for 66 years, and to his son and daugh­ Bar until the outbreak of World War II of Hilton College, having retired as chair­ ter and their families." • • • N his tribute DA GOt·don SC, chair­ "He was a connoisseur of life and derdog, his humanity, his commitment man of the Society of Advocates of living and a superb advocate and kindly to deal with every argument raised, his I KwaZulu-Natal, extended his con­ judge. The law reports abound with il­ considerable legal ability and his clar­ dolences and concluded: lustrations of his concern for the un­ ity of style." W MAY 1997, CONSULTUS 25 REPORTS General Council of the Bar Executive Committee meeting Nazeer Cassim, honorary secretary HE agenda of the first Executive ing programme is now prescribed mate­ Committee meeting of the GCB rial for the pupils. The major patt of the T for this year on 25 January 1997 funding for training members as instruc­ reflects the adaptability of the Bar to the tors and courses conducted for pupils by changing contours of the practice of law. barristers from the United Kingdom has Rigidity and non-compromise belong to been borne by the Overseas Development the museum of social and legal antiqui­ Agency of the United Kingdom. Never­ ties. The blacklist system is not the law theless, for the period May to December ofthe Medes and Persians: ironically the 1996, the direct costs to the GCB amount ALS has not put up alternative propos­ to R 149 238,00. R43 563,13 was spent als. At the 26th Biennial Conference in on workshops for trainers and pupils, the Berlin in October 1996, the Chairman administrative costs of the Advocacy of the GCB, Wallis SC, was elected Centre in Durban were R96 688,75 and Deputy Secretary-General for Southern R9 986,13 was spent on meetings of the Africa. The 2002 IBA Conference is to Members are advised to place their names training committee. These costs are likely be held in Durban and will be co-hosted on the roster for Legal Aid work. The to increase in the future and, on a practi­ by the GCB and the ALS. Ipp J, from Board has adopted a practical and speedy cal note, a policy decision has to be made Australia, and Friedman J P were lead method to resolve fee disputes. as to whether the GCB funds training or speakers in a one-day seminar on case The GCB is determined to test cer­ whether pupils (as elsewhere) pay for management sponsored by the GCB for tain practices of certain members of the their training. better and more effective management "independent bar", in particular taking of the courts. The proposals emanating money directly from members ofthe pub­ Public interest from the seminar are to be subjected to lic, in the courts. The MMF White Paper Members of the Pretoria Bar have taken more detailed scrutiny by working is under scrutiny: the GCB resolved to a stand to participate in public life. groups established to work in conjunc­ take opinion on the constitutionality of Prinsloo SC proposed that the GCB ex­ tion with the Rules Board. Chief Justice the ability ofthe State to abolish the com­ press its dismay at the level of lawless­ Mohamed was appointed Honorary mon law claim against an individual who ness and crime and the inability of the President of the GCB. has committed a delict. The advocacy authorities to govern in that regard. programme is in full swing. A number There is clearly a need for our members Members'interests of members visited London and the Fac­ to engage actively in assisting the state The interests of members are, as always, ulty of Advocates in Edinburgh in Janu­ to maintain respect for life and prop­ paramount. Grobler SC and Epstein SC ary 1997, and Grobler se's findings are erty, and thereby attempt to avoid a state presented reports on their respective that there is much to learn - not only for of anarchy. The challenge to the profes­ meetings with the Legal Aid Board. From pupils and junior members, but also the sion is its ability to be meaningfully in­ all accounts, members are paid more more experienced advocates - regarding volved in combatting crime and restor­ promptly by the Legal Aid Board and the the developments abroad. Dit is nie te ing a nation where people respect the tariff is more generous than previously. laat om te leer nie! The advocacy train­ rights of others. III GCBNews Nasionale Balie-eksamenraad IE bedanking van Lotter Wepe­ raad is veel dank aan horn verskuldig vir eksaminator in hierdie vak aangestel. ner SC as eksaminator in straf­ die uitstekende werk oor die jare verrig. Nog 'n nu we aanstelling as mede­ D en bewysreg is met spyt ontvang. Koos van Vuuren word in sy plek as eksaminator is Soraya Hassim in die Die ABR en die Nasionale Balie-eksamen- eksaminator en Dali Mpofu as mede- vak siviele verhore. 26 CONSULTUS, MAY 1997 REPORTS Tydens die eerste inname van 1997 • The Intellectual Property Laws Ra­ ing at the end of the first sentence of het 131 pupille met hul pupilskap be­ tionalisation Bill., 1996 Rule 5.8.1: "except in the case of a mem­ gin en hulle sal die Nasionale Balie­ • National Road Traffic Bill, 1996 ber receiving an instruction from a for­ eksamen van 31 Mei tot 3 Junie 1997 • Wreck and Salvage Bill, 1996 mal arbitration body recognised by the afie.
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