scholarly journals THE PAYMENT OF TRUST-ACCOUNT INTEREST: THE ETHICAL DUTIES OF ATTORNEYS TOWARDS THEIR CLIENTS, AND THE IMPLICATIONS OF THE NEW LEGAL PRACTICE BILL

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Robin Palmer ◽  
Angela Crocker
Keyword(s):  
South Africa ◽  
Reference Point ◽  
Current Practice ◽  
Legal Practice ◽  
Current Version ◽  
Final Version ◽  
Legal Requirement ◽  
Legal Implications ◽  
Kwazulu Natal

It has been a long-standing practice in South Africa that interest earned on certain moneys deposited into attorneys’ trust accounts is paid over to the Attorneys Fidelity Fund. In fact, it is a legal requirement in terms of the Attorneys Act 53 of 1979, and the current version of the Legal Practice Bill. The December 2010 version of the Legal Practice Bill is the latest version of the Bill but not the final version, which is still awaited. This practice has both ethical and legal implications that have to be considered. This note will begin by looking at both the background and purpose of trust moneys received by attorneys. Then, using the KwaZulu-Natal Law Society Rules and schedules as a reference point (the KwaZulu-Natal Rules are generally representative, and in conformity with most of the rules of all the constituent law societies of the LSSA), the issue of whether the current practice of diverting the interest on trust moneys to the AFF is legally and ethically justifiable, particularly the duty to disclose information in respect of interest accruing on trust moneys, will be discussed. This will include a consideration of the proposed amendments in the new draft Legal Practice Bill. 

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Adverse Events Reporting System as Experienced by Critical-Care Nurses in KwaZulu-Natal, South Africa

2018 ◽  
Vol 20 (1) ◽  
Author(s):  
Thusile Mabel Gqaleni ◽  
Busisiwe Rosemary Bhengu
Keyword(s):  
South Africa ◽  
Critical Care ◽  
Adverse Events ◽  
Patient Care ◽  
Family Involvement ◽  
Reporting System ◽  
Legal Framework ◽  
Critical Care Nurses ◽  
Kwazulu Natal ◽  
Life Threatening

Critically ill patients admitted to critical-care units (CCUs) might have life-threatening or potentially life-threatening problems. Adverse events (AEs) occur frequently in CCUs, resulting in compromised quality of patient care. This study explores the experiences of critical-care nurses (CCNs) in relation to how the reported AEs were analysed and handled in CCUs. The study was conducted in the CCUs of five purposively selected hospitals in KwaZulu-Natal, South Africa. A descriptive qualitative design was used to obtain data through in-depth interviews from a purposive sample of five unit managers working in the CCUs to provide a deeper meaning of their experiences. This study was a part of a bigger study using a mixed-methods approach. The recorded qualitative data were analysed using Tesch’s content analysis. The main categories of information that emerged during the data analysis were (i) the existence of an AE reporting system, (ii) the occurrence of AEs, (iii) the promotion of and barriers to AE reporting, and (iv) the handling of AEs. The findings demonstrated that there were major gaps that affected the maximum utilisation of the reporting system. In addition, even though the system existed in other institutions, it was not utilised at all, hence affecting quality patient care. The following are recommended: (1) a non-punitive and non-confrontational system should be promoted, and (2) an organisational culture should be encouraged where support structures are formed within institutions, which consist of a legal framework, patient and family involvement, effective AE feedback, and education and training of staff.

CHALLENGES TO BUILDING AUTHENTIC PARTNERSHIPS: LESSONS FROM BHAMBAYI, KWAZULU-NATAL, SOUTH AFRICA

2017 ◽  
Vol 26 (2) ◽  
pp. 124-140 ◽  
Author(s):  
Tanusha Raniga ◽  
Barbara Simpson ◽  
Ntokozo Mthembu
Keyword(s):  
South Africa ◽  
Social Services ◽  
Service Providers ◽  
Informal Settlement ◽  
Mutual Trust ◽  
Open Communication ◽  
Community Based ◽  
Individual Interviews ◽  
Kwazulu Natal ◽  
Qualitative Phase

In contemporary South Africa, partnerships between service providers in government, non-governmental organisations, the private sector and community based organisations have been identified as a means to strengthen communities and the sustainability of social services. However, the unequal power relations that exists between and within these organisations often leads to fragmentation, duplication, and lack of coordination of social services. Using Fowler’s (1998) conceptualisation of authentic partnerships, this qualitative phase of a larger study explored the challenges of building authentic partnerships in Bhambayi, a predominantly informal settlement in KwaZulu-Natal, South Africa. Individual interviews and a focus group held with nine service providers revealed that intraorganisational challenges, cross-boundary and inter-organisational relations as well as political influences were obstacles to the development of authentic partnerships. The article suggests that open communication, clarity of roles and mutual trust between service providers is vital.

Transforming the Rural Agricultural Landscape Through Groundwater Optimisation: Exploring A Chinese-South African Partnership

2018 ◽  
Vol 15 (1) ◽  
Author(s):  
Nirmala Dorasamy ◽  
Olayemi Bakre
Keyword(s):  
South Africa ◽  
South African ◽  
Agricultural Landscape ◽  
Agricultural Practices ◽  
Subsistence Farming ◽  
Water Shortages ◽  
Subsistence Farmers ◽  
Farming Communities ◽  
Standards Of Living ◽  
Kwazulu Natal

The majority of the South African rural populace is directly or indirectly engaged in agricultural practices to earn a livelihood. However, impediments such as climate change, water shortages, and inadequacy of institutional support have undermined these once thriving subsistence farming communities. Furthermore, poor leadership in hydrology, coupled with a lack of depth in skills at all government levels to facilitate the understanding of the importance of groundwater, has made it near impossible for subsistence farmers to benefit optimally from groundwater. The 2012 drought experienced in South Africa paralysed several subsistence farming communities in KwaZulu-Natal. To revamp subsistence farming and assist these farmers across South Africa, the Department of Water and Sanitation launched interventions, but despite the enormous resources expended, indicators (e.g. unsustainable farming practices, poor crop yield, pitiable living conditions, and poor standards of living) provide evidence that these interventions have not yielded the desired results. This paper seeks to suggest practicable interventions aimed at reducing the vulnerability of subsistence farmers in KwaZulu-Natal. The study pursued a qualitative approach in that it solicited the views of experts on groundwater and in related fields to gain an in-depth perspective. Some of the core challenges undermining the sustainability and growth of subsistence farming in the study area were found to be the inadequacy of experts on groundwater, water shortages, institutional deficiencies, lack of political will, and lack of coordination among stakeholders. Pragmatic recommendations are made to address these challenges, among other things to encourage a South African-Chinese partnership in the hydrology sector.

Participatory catchment management — an opportunity for Southern Africa

1995 ◽  
Vol 32 (5-6) ◽  
pp. 145-151
Author(s):  
D. B. Versfeld
Keyword(s):  
South Africa ◽  
Land Management ◽  
Southern Africa ◽  
Participatory Rural Appraisal ◽  
Catchment Management ◽  
Management Process ◽  
Participatory Methods ◽  
Top Down ◽  
Kwazulu Natal ◽  
Rural Appraisal

South Africa has hundreds of thousands of hectares of heavily populated and badly degraded landscapes. Past attempts at land management have been either through avoidance or the top-down imposition of “betterment” schemes. Participatory methods offer a new opportunity for communities living within these catchments to share their knowledge and to become involved in planning and implementing the management process. This paper discusses the use of Participatory Rural Appraisal (PRA) in a catchment rehabilitation programme in rural KwaZulu/Natal, the lessons learnt and the prospects for wider application.

scholarly journals Investigating competencies needed by European-trained doctors in rural South African hospitals

2020 ◽  
Vol 12 (1) ◽  
Author(s):  
James R. Barnacle ◽  
Oliver Johnson ◽  
Ian Couper
Keyword(s):  
South Africa ◽  
South African ◽  
Online Survey ◽  
Rural District ◽  
Eastern Cape ◽  
Rural Medicine ◽  
Rural South ◽  
District Hospitals ◽  
Kwazulu Natal ◽  
Postgraduate Diploma

Background: Many European-trained doctors (ETDs) recruited to work in rural district hospitals in South Africa have insufficient generalist competencies for the range of practice required. Africa Health Placements recruits ETDs to work in rural hospitals in Africa. Many of these doctors feel inadequately prepared. The Stellenbosch University Ukwanda Centre for Rural Health is launching a Postgraduate Diploma in Rural Medicine to help prepare doctors for such work.Aim: To determine the competencies gap for ETDs working in rural district hospitals in South Africa to inform the curriculum of the PG Dip (Rural Medicine).Setting: Rural district hospitals in South Africa.Methods: Nine hospitals in the Eastern Cape, KwaZulu-Natal and Mpumalanga were purposefully selected by Africa Health Placements as receiving ETDs. An online survey was developed asking about the most important competencies and weaknesses for ETDs when working rurally. The clinical manager and any ETDs currently working in each hospital were invited to complete the survey.Results: Surveys were completed by 19 ETDs and five clinical managers. The top clinical competencies in relation to 10 specific domains were identified. The results also indicate broader competencies required, specific skills gaps, the strengths that ETDs bring to South Africa and how ETDs prepare themselves for working in this context.Conclusion: This study identifies the important competency gaps among ETDs and provides useful direction for the diploma and other future training initiatives. The diploma faculty must reflect on these findings and ensure the curriculum is aligned with these gaps.

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