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Minutes of Annual General Meeting Held on 14 October 2016 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

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Minutes of Annual General Meeting Held on 14 October 2016 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 KWAZULU-NATAL LAW SOCIETY MINUTES OF ANNUAL GENERAL MEETING HELD ON 14 OCTOBER 2016 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 2016 M I N U T E S OF THE MEETING HELD AT COASTLANDS UMHLANGA HOTEL, 329 UMHLANGA ROCKS DRIVE, DURBAN ON FRIDAY, 14 OCTOBER 2016 MEMBERS OF THE COUNCIL PRESENT: L.C. PETER, PRESIDENT (DURBAN) U. JIVAN, VICE-PRESIDENT (DURBAN) C. PILLAY, VICE-PRESIDENT (PIETERMARITZBURG) M. STRAUSS, VICE-PRESIDENT (DURBAN) E.B. ZACA, VICE-PRESIDENT (PIETERMARITZBURG) R.R. BADAL (VERULAM) E.R. BARRY (PORT SHEPSTONE) J.O. CHRISTIE (PIETERMARITZBURG) M.A.A.S. ESSA (PIETERMARITZBURG) P. GOVINDASAMY (PIETERMARITZBURG) S.A. JAZBHAY (DURBAN) N.S. KHANYILE-KHESWA (DURBAN) G.J. McLACHLAN (PIETERMARITZBURG) E.A. MOOLLA (CHATSWORTH) M. NELUHENI (NEWCASTLE) X. NTSHULANA (PORT SHEPSTONE) V.R.D. O'CONNELL (DURBAN) R.N. SCOTT (PIETERMARITZBURG) P. SHAM, VICE-PRESIDENT (STANGER) P.F.D. TAKALO (PIETERMARITZBURG) DIRECTOR G.M. JOHN MANAGER: FINANCE T. ZONDI MANAGER: REGULATORY AFFAIRS P. MFUSI DEPUTY MANAGER: REGULATORY AFFAIRS N. HARRIPERSAD MANAGER: CORPORATE SERVICES R. GUNPATH MANAGER: LIBRARY SERVICES S.T. NGCOBO AGM MINUTES - 1 - 14 OCTOBER 2016 --------------------------------------------------------------------------------------------------- OPENING SESSION The President, Mr Lunga Peter, chaired the Meeting. WELCOME The President welcomed everyone present and particularly the following invited guests: INVITED GUESTS Kgalema Motlanthe, Former President of the Republic of South Africa Madam Justice Yvonne Mbatha Madam Justice Thoba Poyo-Dlwati N. Swart, CEO: LSSA and Director: LEAD R.N. Scott, KZN Councillor representing the LSSA M. Molefe, Executive Director: Attorneys Fidelity Fund M. Mukansi, Manager: Attorneys Development Fund T. Harban, General Manager: Attorneys Insurance Indemnity Fund (AIIF) Ramphela Mokoena, Secretary: AIIF J. de Beer, Forensic Executive: Attorneys Fidelity Fund Ms M. Thebe, Editor: De Rebus, LSSA Ms Barbara Whittle, Communications Manager: Law Society of South Africa Frank Dorey, Director: Cape Law Society Ashraf Mahomed, President: Cape Law Society M.J.S. Grobler, Director: Law Society of the Northern Provinces Anthony P. Millar, President: Law Society of the Northern Provinces STANDS AT THE AGM The President welcomed the companies who had sponsored the Society’s AGM and set up stands. He encouraged those in attendance to visit these stands after the meeting and advised that in addition LexisNexis, Juta, Korbitec, PPS, FNB, ABSA and Samsung were running lucky draws at the end of the meeting, but members had to be present to collect their prizes: LexisNexis (sponsored vouchers for the awards being handed out at the AGM) Korbitec PPS Juta FNB ABSA Legal Interact Samsung Sabinet SAFLII AGM MINUTES - 2 - 14 OCTOBER 2016 --------------------------------------------------------------------------------------------------- GUEST SPEAKER The President welcomed the Guest Speaker, Former President of the Republic of South Africa, Kgalema Motlanthe. INTRODUCTION OF GUEST SPEAKER: FORMER PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, KGALEMA MOTLANTHE Mr Lunga Peter introduced the guest speaker, former President of the Republic of South Africa, Kgalema Motlanthe, by providing a brief background of his career. During his years in prison from 1977 to 1987, being found guilty under the Terrorism Act, he stated the following: "We were a community of people who ranged from the totally illiterate to people who could very easily have been professors at universities. We shared basically everything. The years out there were the most productive years in one's life, we were able to read all the material that came our way, took an interest in the lives of people, even in the remotest corners of this world. To me those years gave meaning to life". ADDRESS BY KGALEMA MOTLANTHE (FORMER PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA) The following is a summary of the address: Mr Motlanthe thanked the Chairperson, for his kind words of welcome and extended his greetings to all Judges and Attorneys present at the Annual General Meeting. He expressed the privilege he felt because, during the days of the freedom struggle, it was members of the Attorneys’ profession that helped to understand the meaning and importance of apartheid legal instruments. During the transition the Attorneys also helped define the rules to be associated with our freedom. The struggle for freedom boasts of giants from this noble profession, such as former President Nelson Mandela, the former President of the ANC, Oliver Tambo, the Queen’s Council Bram Fischer, former President of the Pan Africanist Congress, Robert Mangaliso Sobukwe, former Secretary General of the African National Congress, Advocate Duma Nokwe, just to mention a few. It must also be remembered that Oliver Tambo led a team that prepared a path for the new democratic Constitution of South Africa. Were he alive today, he would have celebrated his 99th birthday on the 27th October 2016, and on the eve of freedom in 1994, Oliver Tambo, OR as he was affectionately known, led the ANC leadership in its deliberations about the future they dreamt of and hoped for. His sharp legal mind helped to translate the hopes and aspirations into a set of constitutional principles. The result of Oliver Thambo’s work and the team that he led AGM MINUTES - 3 - 14 OCTOBER 2016 --------------------------------------------------------------------------------------------------- may be gleaned from the seminal Harare Declaration which was adopted by the frontline states and the Organisation of African Union and in 1989 received the support of the United Nations General Assembly. This Declaration, together with both the ANC’s Constitutional Guidelines for a Democratic South Africa and the Ready to Govern Documents, set the formalities and procedures for negotiations. They provided the foundation for our Constitution. I am more than pleased that the input of Oliver Tambo’s generation of lawyers has been immortalised by the Supreme Court of Appeal in South African Broadcasting Corporation and Others v Democratic Alliance and Others, where the learned Judge of Appeal quoted with approval the Ready to Govern Document to give context to the establishment, object and purpose of the Office of the Public Protector. I would be remiss in my duties if I do not recall the defence to the law and the principle of legality displayed by former President Nelson Mandela in the South African Rugby Football Union matter when he had to decide whether as Head of State he should testify. He understood that the historical epoch were we required him to lead by example to show that the Constitution binds all of us and that we now live under the rule of law. Equally eminent jurists such as Chief Justices Arthur Chaskalson, Ismail Mohamed, Pius Langa and Sandile Ngcobo steered our highest court with distinction and brilliance. They ushered in a constitutional jurisprudence that will guide us and future generations in the construction of a new state and society. The tone and tenor of the Constitutional Court in State v Makwanyane, the very first case to be decided by the Constitutional Court, signalled the nature and extent of the break from the past and the coming in of the new interregnum, to borrow from the words of the Italian intellectual, Antonio Gramsci. Indeed, this case brought a sigh of relief to many who were on death row. It outlawed this kind of cruel and inhumane punishment but also emphasised the constitutional right to life. He urged us to remember some of the selfless lawyers such as Bheki Mlangeni, Griffiths and Victoria Mxenge, Godfrey Pitje, Bram Fischer, Robert Mangaliso Sobukwe, Dullah Omar and Thembile Skweyiya, to name but a few, and invited all to study very closely the story of Duma Nokwe, who graduated with a BSc degree and a diploma in Education and later studied law. After harassment by apartheid forces, shut out of the teaching profession, Duma studied law, probably strongly influenced by his former teacher, Oliver Tambo, and when he qualified in 1956 he became the first African barrister to be admitted to the Transvaal Supreme Court, but he was effectively prevented from practising his profession by a Native Affairs Department directive disbarring him from taking Chambers with his white colleagues in the centre of Johannesburg and ordering him to find an office in an African township, Duma Nokwe contested the order which conflicted with the Supreme Court rule that the offices of a barrister must be within reach of the court, but the issue was largely academic by then because Duma Nokwe was one of the 156 leaders arrested in December of 1956 and who were to face treason charges for a period of four and a half years. Duma Nokwe died on 12 January 1978 in exile at the tender age of fifty. AGM MINUTES - 4 - 14 OCTOBER 2016 --------------------------------------------------------------------------------------------------- Duma Nokwe served as the ANC’s chief rep to the United Nations. It is recorded that Eric Louw, who was the Minister of Foreign Affairs of South Africa, was confronted by this very eloquent black man in the General Assembly of the United Nations, all that Eric Louw could say was, “Well, we’re being accused of discriminating against blacks in South Africa, but which other black from any of the African countries is as eloquent as this man, who is the product of our system?” So, in that way Eric Louw was able to duck the issue that was confronting him at that time. Duma Nokwe was a man of small build, small stature physically speaking, but in spirit he was a giant, a political leader of our people, who not only understood the struggle of South Africans for freedom and non-racialism, as one that should really be viewed as a national struggle, but one that had to be viewed as an international struggle in that he strongly believed that the resolution of racial discrimination in South Africa bore the promise of finding a solution to racial discrimination across the globe.
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