THE SA ATTORNEYS' JOURNAL TWO HEADS ARE BETTER THAN ONE TWO HEADS ARE BETTER THAN ONE Service by social media Enforcement CCMA default awards of CCMA Exclusive SADC Lawyers' Association AGM report October 2012

NEYS' JOURNAL 8 13 THE SA ATTORNEYS' JOURNAL 10 15 8 11 RULE DE REBUS - OCTOBER 2012 - 1 - 17 26 30 CONTENTS OCTOBER 2012 Issue 524 ISSN 0250-0329 Regular columns EDITORIAL SADC Tribunal decision a blow for justice 3 LETTERS 4 NEWS Judicial leadership adopts plan of action 5 Outcry over interstate SADC Tribunal 5 BLA concerned about shortlisting of judicial candidates 7 New Constitutional Court judge 8 Outgoing National Consumer Commissioner's introspection 8 SADC LA AGM NEWS SADC Lawyers' Association 2012 conference and AGM 10 Safeguarding judicial independence in SADC 13 Decriminalising freedom of expression in SADC 15 LSSA NEWS LSSA speaks out on Marikana tragedy 17 LSSA welcomes appointment of Taswell Papier as administrator of the EAAB and extension of tenure of Dr Navi Pillay as UNHCHR 17 Attorneys Development Fund: Revised application criteria for business support loans 18 LSSA says Traditional Courts Bill infringes on constitutional rights 18 PEOPLE AND PRACTICES 19 5 MINUTES WITH ... 21 THE LAW REPORTS 40 CASE NOTES Service of court process by social media 47 Clarity on contingency fees agreements 48 NEW LEGISLATION 50 EMPLOYMENT LAW 52 RECENT ARTICLES AND RESEARCH 55

FEATURES 22 26 30 TWO HEADS ARE BETTER THAN ONE There are instances where judges may not have the necessary expertise to analyse expert evidence in specialised civil matters. In such cases, the appointment of a second head, in the form of an assessor with the requisite knowledge, experience and skill of reasoning in the relevant field, may avoid a miscarriage of justice, writes Henry Lerm. 22 ARE PROVISIONAL SENTENCE PROCEEDINGS CONSTITUTIONAL? In this article Zamazulu Nkubungu considers the purpose and origins of provisional sentence, as provided for in r 8 of the Uniform Rules of Court, as well as the constitutionality of this rule and how the courts have ruled on it over the years. ENFORCEMENT OF CCMA DEFAULT AWARDS 34 The enforcement of default awards from the Commission for Conciliation, Mediation and Arbitration is so fraught with legal and practical complications that the procedure is ultimately untenable, argues Sizwe Buthelezi. In this article he considers whether such awards can be enforced through s 65A and M of the Magistrates' Courts Act 32 of 1944, in conjunction with the relevant rules. 38 30 YEARS OF THE 'SEA CONSTITUTION' In the year of its 30th anniversary, the United Nations Convention on the Law of the Sea retains its role as the 'constitution for the oceans and seas'. As the globally recognised regime dealing with all matters relating to the law of the sea, Michael Kabai claims that the convention remains dynamic in the fields of international and maritime law. 34 UNITY OF APPLICANT IN PATENT APPLICATIONS Advisers need to pay careful attention to unity of applicant in patent applications and ensure that the chain of title is objection proof. If an applicant for a South African patent claiming priority from an earlier application is not also the applicant for that earlier application, and there has not been a timeous assignment of priority rights, this can create problems, according to FJ Labuschagne. DE REBUS - OCTOBER 2012 - 2 - 38 Editor: Kim Hawkey BA LLB (UCT) BA Hons (Wits) attorney and conveyancer dEputy Editor: Mapula Sedutla NDip Journ (DUT) BTech (Journ) (TUT) NEws Editor: Nomfundo Manyathi NDip Journ (DUT) BTech (Journ)(TUT) suB-Editor: Kevin O' Reilly - MA (NMMU) suB-Editor: Kathleen Kriel - BTech (Journ) (TUT) Editorial sEcrEtary: Shireen Mahomed Editorial committEE: Sithembele Mgxaji (Chairperson), Peter Horn, Danie Olivier, Mohamed Randera Editorial officE: 304 Brooks Street, Menlo Park, Pretoria. PO Box 36626, Menlo Park 0102. Docex 82, Pretoria. Tel (012) 366 8800 Fax (012) 362 0969. E-mail: derebus@derebus.org.za DE REBUS oNliNE: www.derebus.org.za coNtENts: Acceptance of material for publication is not a guarantee that it will in fact be included in a particular issue since this depends on the space available. Views and opinions of this journal are, unless otherwise stated, those of the authors. Editorial opinion or comment is, unless otherwise stated, that of the editor and publication thereof does not indicate the agreement of the Law Society, unless so stated. Con tributions may be edited for clarity, space and/ or language. The appearance of an advertise ment in this publication does not neces sarily indicate approval by the Law Society for the product or service ad ver tised. De Rebus editorial staff use the lexisNexis online product: MyLexis- Nexis. Go to www.lexisnexis.co.za for more information. priNtEr: Ince (Pty) Ltd, PO Box 38200, Booysens 2016. audio vErsioN: The audio version of this journal is available free of charge to all blind and print-handicapped members of Tape Aids for the Blind. advErtisEmENts: main magazine: Ince Custom Publishing Contact: Ian Wright * Tel (011) 241 3281 * Fax (011) 241 3040 Cell: 082 574 6979 * E-mail: IanW@ince.co.za classifieds supplement: Contact: Kathleen Kriel Tel (012) 366 8800 * Fax (012) 362 0969 PO Box 36626, Menlo Park 0102 * E-mail: yp@derebus.org.za accouNt iNquiriEs: David Madonsela Tel (012) 366 8800 E-mail: david@lssa.org.za circulatioN: De Rebus, the South African Attorneys' Journal, is published monthly, 11 times a year, by the Law Society of South Africa, 304 Brooks Street, Menlo Park, Pretoria. It circulates free of charge to all practising attorneys and candidate attorneys and is also available on general subscription. attorNEys' mailiNg list iNquiriEs: Gail Mason Tel (012) 441 4629 E-mail: gail@lssalead.org.za All inquiries and notifications by practising attorneys and candidate attorneys should be addressed to the relevant law society which, in turn, will notify the Law Society of SA. suBscriptioNs: General, and non-practising attorneys: R630 p/a Retired attorneys and full-time law students: R484 p/a Cover price: R66 each Subscribers from African Postal Union countries (surface mail): R1 001 (VAT excl) Overseas subscribers (surface mail): R1 222 (VAT excl) NEw suBscriptioNs aNd ordErs: David Madonsela Tel: (012) 366 8800 * E-mail: david@lssa.org.za Mpasa logo.fh11 6/17/09 3:10 PM Page 1 Composite C M Y CM MY CY CMY K © Copyright 2012: Law Society of South Africa 021-21-NPO Tel: (012) 366 8800 Member of the Magazine PublishersAssociation of South Africa. 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The SADC Tribunal was created with the vision of a regional judicial body to strengthen the rule of law in the SADC region, to afford citizens with recourse for human rights violations and to hold their governments accountable. In its relatively short period of operation, the tribunal took bold decisions and provided redress to victims of serious rights violations, including those caused by an illegal land-grab campaign and torture at the hands of their country's police and army. Significantly, over 80% of the matters that came before the tribunal were brought by individuals against states. This was possible because of a fundamental provision in the tribunal's protocol - that any natural or juristic person could bring a matter to the tribunal alleging a violation of SADC law by a member state, even if not a citizen of such state. Despite the court's track record of progressive justice, the region's political leaders have effectively put an end to this key institution. In what has been described as 'the clearest case in the region of the undermining of the rule of law and independence of the judiciary'*, the 32nd SADC Summit of Heads of State and Government, which took place in Mozambique in August, resolved that: '[A] new protocol on the tribunal should be negotiated and that its mandate should be confined to interpretation of the SADC Treaty and protocols relating to disputes between member states.' In effect, the existing two-year suspension of the tribunal will continue, while a new protocol is negotiated, with the proposal that it become an interstate court. The result, according to many who have decried the decision, will be to render the court that held so much hope a white elephant. As outgoing President of the SADC Lawyers' Association Thoba Poyo-Dlwati said one week after the decision: 'From what we know of our leaders in SADC, it is unlikely that they will take each other to the tribunal, rendering the institution only a court in name and building as no cases will be heard at that court.' This, she said, was a clear indication that leaders in the SADC region were 'concerned more with protecting their turf than with the rights of the citizens' and could be directly linked to 'Zimbabwe's refusal to abide by the judgments of the tribunal and respect the independ- DE REBUS - OCTOBER 2012 - 3 - EDITOR'S NOTE SADC Tribunal decision a blow for justice ence of the judiciary.' The case that triggered this situation is Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe SADC (T) (unreported case no 2/2007, 28-11-2008), in which the tribunal found that the applicants had been denied access to the Zimbabwean courts and had been discriminated against based on their race. The tribunal made several orders against the Zimbabwean government, which refused to comply with the court's decision and instead questioned the tribunal's legality and jurisdiction, as well as its mandate and powers to enforce decisions. The tribunal referred the matter to the SADC Summit of Heads of State and Government, which has a legal duty to take 'appropriate action' against a recalcitrant party who fails to enforce a decision of the tribunal. Despite this duty, in August 2010 the summit decided on a review of the tribunal's role, functions and terms of reference. The subsequent independent review confirmed that the tribunal was indeed properly established and its decisions were binding. However, in a blow to justice, in May 2011 an Extraordinary Summit of Heads of State and Government ordered the initiation of a process to amend the relevant SADC legal instruments and instituted a moratorium on the tribunal receiving any new cases and hearing any part-heard ones until the review had taken place and was approved. It also decided not to renew the terms of the tribunal's judges. A question raised by many is: Why have an independent review, only to disregard its findings? Ms Poyo-Dlwati, for example, has asked: 'Why waste the region's resources and taxpayers' money over a process that the SADC Heads of State and Government have no intention of respecting and following? There is no political will, period. ... What are our leaders hiding? What are they afraid of? Why are they so averse to the idea of citizens taking their grievances to the tribunal?' While Archbishop Emeritus Desmond Tutu questioned: 'If you are a law-abiding head of state, why are you scared that people might want to go through another adjudicator, unless it is that you fear you are likely to fall foul of the law?' The lack of transparency by those taking these far-reaching decisions has rendered it inevitable that such questions remain unanswered. Unfortunately, this leads to the unavoidable conclusion that the leaders of the region are threatened by the court, which has the power to overturn the decisions of domestic Kim Hawkey - Editor courts. This in turn leads to an inescapable questioning of member states' commitment to the principles of democracy, human rights and separation of powers. The result is sovereignty at the expense of access to justice. The implications for trade and industry, international credibility and economic and social integration are dire. However, the consequences in terms of access to justice and the protection of the rights of citizens - who will have no recourse outside their countries should their country's judiciary fail them or where they have justifiably lost faith in their domestic justice systems - are catastrophic. The tribunal should be reinstated in its original (or another acceptable) form, with the only change to its mandate being to strengthen it. Lawyers of the region owe their fellow citizens a duty to use their legal acumen to put their weight behind the mounting pressure to save the tribunal (in a meaningful form) and ultimately to secure justice for the people of the SADC region. * Outgoing President of the SADC Lawyers' Association, Thoba Poyo-Dlwati, in her opening address at the association's 2012 conference and AGM.

LETTERS LETTERS TO THE EDITOR PO Box 36626, Menlo Park 0102 Docex 82, Pretoria E-mail: derebus@derebus.org.za Fax (012) 362 0969 Letters are not published under noms de plume. However, letters from practising attorneys who make their identities and addresses known to the editor may be considered for publication anonymously. State legal services - Fiat iustitia I read with keen interest the article titled 'Transformation of state legal services' in 2012 (July) DR 9. I am certain that the large corporate law firms are delighted to see that in future the state will be represented by the head of state legal services ('Hasles'). Indeed, litigation departments that have in the past traditionally acted for the state will no longer be afraid of accepting instructions to bring proceedings against the state for fear of biting the hand that feeds them, as that work will thenceforth be performed by state legal services ('Sales') under the watchful eye of Hasles. The big firms will be free - indeed delighted - to accept instructions to 'sue the pants off the state'. As De Rebus readers are well aware, the big firms hire the brightest and the best and pay them astonishingly large wads of cash to keep them from jumping ship and moving to the opposition. A fortiori, PDI (previously disadvantaged individual) litigators at the big firms are like hens' teeth - managing partners are unlikely to let them follow their dreams to join Hasles. Instead, points, equity, shares and a parking space near the front door will be foisted on any PDI partner who so much as mutters 'Hasles' in their sleep. Nevertheless, firms should welcome the news that the appointment of Hasles will be 'done as a matter of urgency'. (Note to Justice Minister Jeff Radebe: More speed, less haste; as haste makes waste.) The firms will welcome the knock-kneed newcomer with a (very) firm slap on the back, after which a feeding frenzy of litigation will ensue. Bullies like nothing better than a punching bag. I love the smell of a party and party costs order in the morning! The state will find itself on the receiving end of summonses and notices of motion from every corner of Sandton. What the Minister has not considered is that the state is going to (again) struggle to recruit attorneys with the same skill, competence and legal dexterity as those in the northern suburbs. Before you jump up and down and wring your DE REBUS - OCTOBER 2012 - 4 - hands, know this: The aforementioned qualities have nothing to do with colour, they have to do with brains and grey hair. Big firms hire the best and pay the most. Nowadays, candidate attorneys are paid enough money to have their hair cut by 'stylists'. They are recruited out of second-year university, for goodness sake. Their first pay cheque after admission is applied to the acquisition of a glistening German vehicle. Where, I ask, will Hasles recruit litigators with skill, experience and legal acumen to suffer the slings and arrows of the outrageously fortunate? And, most importantly, can Hasles pay anyone enough to move to Pretoria? Good luck comrade Jeff. Fiat iustitia (let justice be done). Attorney, Cape Town * The author of this letter has asked to remain anonymous. The editor is satisfied as to the author's identity. q

Judicial leadership adopts plan of action Recent strategic planning sessions by the judiciary provided an opportunity for 'an honest and brutal self-introspection' by the judicial branch of government. Three separate planning sessions, which took place in Mookgopong, Limpopo, were attended by heads of the High Courts, regional court presidents and chief magistrates respectively. The sessions afforded senior members of the judiciary - including Chief Justice Mogoeng Mogoeng - an opportunity to analyse challenges the judicial leadership is facing. The series of meetings were facilitated by the President of the Caribbean Court of Justice, Sir Dennis Byron; Chief Judge of the High Court of Sabah and Sarawak in Malaysia, Richard Malanjum; and scholar and honorary professor at the University of South Africa, Professor Somadoda Fikeni. A press release by the Office of the Chief Justice stated that among the major resolutions that emerged from the strategic planning session were - the clearing of case backlogs; a renewed commitment to administer and dispense quality justice to all; and enhancing stakeholder relations and community outreach programmes. In addition, the judicial leadership adopted a practical programme of action for immediate, medium and long-term implementation for the improvement of court performance. In doing so, they committed to: Adopt and immediately implement a judicial case management system in order to 'fight' postponements and case backlogs. Establish case flow management fo- DE REBUS - OCTOBER 2012 - 5 - NEWS Nomfundo Manyathi, nomfundo@derebus.org.za Outcry over interstate SADC Tribunal While many had hoped that the two-year suspension of the SADC Tribunal would be lifted in August, instead regional leaders decided to further curtail the court's powers. The decision was taken at the 32nd Southern African Development Community (SADC) Summit rums in provinces that do not have these in place and to strengthen existing ones. Introduce additional performance enhancement, monitoring and measurement mechanisms, including additional judicial officers to cope with the increased workload, the acquisition of court room and office space where needed and the extension of court hours. Enhance access to justice by deploying mobile courts, restructuring small claims courts and establishing more sexual offences courts and community courts. Constitutionally compliant traditional courts will also be resourced and re-established. The court leaders also identified the 'urgent need to modernise the courts' by introducing user-friendly and updated information technology in order to bring the efficiency of the courts up to speed with international best practices. Electronic filing and record keeping, video conferencing and satellite communication in evidence taking from witnesses in far-flung areas were applauded as steps in the right direction in terms of the use of information technology to improve efficiency. Also on the agenda was the need for more language practitioners in courts. It was agreed that the competence of language practitioners would be highly enhanced if judges and magistrates assisted in their training. Chief Justice Mogoeng committed to increased engagement with the public to inform them about the judiciary's programmes and of their rights and how best they can access justice. He said that he was satisfied that the objectives of the strategic planning sessions were achieved. 'We have met as the leadership of the judiciary and we have drawn up comprehensive plans to deal with the of Heads of State and Government, which was held in Mozambique from 17 to 18 August. The summit was attended by 14 heads of state, including South African President Jacob Zuma, Zimbabwean President Robert Mugabe, Swaziland's King Mswati III and Seychelles President James Michel. In this respect, the final communiqué from the summit stated that the challenges that continue to plague court efficiency and the delivery of speedy and quality justice to all our people. We are going to work tirelessly to ensure that the situation in our courts is turned around and we have set ourselves to achieve a great deal by this time next year,' he said. Director of media relations at the Private Office of the Chief Justice, Lulama Luti, elaborated on this. She told De Rebus that the leadership of the judiciary, at all three levels of the court system, had committed to ensuring that the resolutions of the retreat were implemented as a matter of urgency. 'If you take, for example, the issue of case backlogs, there are practical measures that have been suggested for immediate implementation and the leadership has agreed that these will be implemented immediately. The establishment of case flow management structures in those areas where these structures do not exist has also been suggested as a matter of priority because this will help identify where the stumbling blocks are in relation to case finalisation. The issues of education and awareness programmes for the public and the improvement of stakeholder relations with all stakeholders were also highlighted.' Ms Luti added that the judiciary wished to engage more with the public to share information and obtain their views about the judicial system. In addition, it would like to engage in a more meaningful manner with the public to ensure that they are educated about their rights and know how they can access the courts in the pursuit of those rights. heads of state, after receiving a report from the Committee of Ministers of Justice/Attorneys-General, resolved that a new protocol on the tribunal should be negotiated and that its mandate should be confined to the interpretation of the SADC Treaty and protocols relating to disputes between member states. The result is that individu-

als will no longer be able to access the tribunal. The tribunal was initially established as an international court for southern Africa with the mandate to apply SADC community law, relevant human rights instruments and applicable national law. It was not a court of appeal for domestic courts and could only be approached by natural or juristic persons after domestic remedies had been exhausted. The tribunal was suspended in 2010 after the Zimbabwean government refused to implement a ruling relating to Zimbabwe's land reform programme in the case of Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe SADC (T) (unreported case no 2/2007, 28-11-2008). The tribunal found that several farmers who had their lands taken were not afforded the rights of access to the courts and to a fair hearing. The tribunal ordered the government to protect certain applicants from eviction and their land from redistribution and to compensate others for the dispossession of their land. When the Zimbabwean government refused to comply with the order and questioned the tribunal's jurisdiction and powers to enforce decisions, the tribunal consulted the SADC Summit of Heads of State and Government, which instead decided on a review of the tribunal's role, functions and terms of reference. The summit also placed a moratorium on the tribunal receiving any new cases and on hearing any part-heard matters until the review had taken place and was approved. It also decided not to renew the terms of the tribunal's judges. In a joint press release, the Commonwealth Lawyers Association, the Commonwealth Legal Education Association and the Commonwealth Magistrates' and Judges' Association voiced their concern about the summit's latest decision. The three associations called on the summit to reinstate the tribunal in its original form, noting its importance as a mechanism for the promotion, protection and full realisation of human rights in southern Africa and for affording citizens of the SADC region with access to justice and effective legal remedies independent of national judicial systems. The executive director of the SADC Lawyers' Association (SADC LA), Makanatsa Makonese, told De Rebus that SADC lawyers had agreed not to sup- DE REBUS - OCTOBER 2012 - 6 - port the tribunal in its current proposed form. She said that, as an interstate court, governments alone would be able to take each other to the court and that this was highly unlikely to happen, meaning that the court would become a white elephant. She added that the decision taken at the summit in Mozambique came as a 'huge shock' to SADC LA, as it was under the impression that the heads of state would announce that the moratorium had been lifted. Ms Makonese added that SADC LA believed that the Committee of Ministers of Justice/Attorneys- General was aware of the implications of this decision and that it was unfortunate that decisions of the summit were made by heads of state, resulting in them being political rather than judicial decisions. The new protocol on the tribunal will be presented and discussed at the next summit in Malawi in August 2013. Nomfundo Manyathi, nomfundo@derebus.org.za

BLA concerned about shortlisting of judicial candidates The Black Lawyers Association (BLA) has voiced concern about the shortlisting of candidates for three available positions at the North and South Gauteng High Court. Only two candidates were shortlisted by the Judicial Service Commission (JSC) for the available positions, namely Johannesburg attorney Tanya Brenner and Pretoria advocate David Fourie. In a press release, BLA President Busani Mabunda said: 'The shortlisting insofar as it relates to the North and South Gauteng High Court is worrisome in that it is patently not reflective of the demographics of South Africa. The net effect of possible appointments, given that background, is that it may render the constitutional powers enjoined to the Judicial Service Commission superfluous due to its failure to have regard to section 174(2) [of the Constitution].' Further, he asked: 'Could it be that there were no candidates to whom section 174(2) would apply to when applications were made or could it be that according to the selection committee the said candidates, if available, were not meeting the criteria? Wherever the answer lies, any apparent or overt decision which may have the effect of not realising or undermining the objectives as set out in the Constitution should be avoided at all costs.' Mr Mabunda said that s 174(1) specified who may qualify for appointment to judicial office, namely any appropriately qualified South African citizen who is fit and proper; while s 174(2) states: 'The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.' Mr Mabunda added that although s 174(2) was clear and unambiguous, there was a need for the section to be interpreted by the Constitutional Court to assist the JSC when discharging its mandate. The provisions, he said, were crafted in the manner they were to redress the discriminatory nature of previous appointments. 'It was accordingly provided for as a measure of redress against the imbalances which were skewed towards the minority, in particular white males. It should accordingly be freed from ambiguity when it comes to interpretation,' he said. JSC spokesperson, CP Fourie, told De Rebus that the JSC had noted the BLA's statement and its suggestion that the provisions of s 174 be interpreted by the Constitutional Court. This suggestion was welcomed by the JSC, he said, adding that the JSC encouraged the BLA to pursue this as it would assist the commission in fulfilling its mandate. Mr Fourie highlighted the fact that the JSC had always endeavoured to apply the requirements of s 174 in pursuing its constitutional mandate. On the question of why only two candidates were shortlisted for the North and South Gauteng High Court positions, Mr Fourie told De Rebus that the JSC was of the view that Ms Brenner and Mr Fourie were the only candidates that qualified for consideration to fill the vacancies. He said that the third vacancy would be re-advertised. Shortlisted candidates Ms Brenner, 50, has been practising as an attorney for 23 years. She opened a sole proprietor conveyancing firm in 2004. She has previously sat intermittently as a commissioner of the small claims court in Hillbrow and has also acted as a judge of the South Gauteng High Court on several occasions, as well as at the Mafikeng High Court earlier this year. Mr Fourie, 59, became an advocate in 1982 and took silk in 1998. He was a commissioner of the small claims court for a period of approximately three to four years. Mr Fourie has also acted as a judge of the North Gauteng High Court a number of times since 2000. In addition to the vacancies at the North and South Gauteng High Court, six attorneys and 14 others will be interviewed to fill 14 available vacancies at the various superior courts in the country. Attorneys Pumzile Majeke and Buyiswa Majiki have been shortlisted, in addition to four others, for two available vacancies at the Eastern Cape High Court. Mr Majeke, 62, was admitted as an attorney in 1982. He currently practises in East London and specialises in conveyancing, personal injury claims, mediation and High Court litigation. Mr Majeke has acted as a judge of the Eastern Cape High Court intermittently over a number of years. He was Presi- DE REBUS - OCTOBER 2012 - 7 - NEWS dent of the Cape Law Society from 2008 to 2010 and vice-president of the National Association of Democratic Lawyers from 1990 to 2004. Butterworth attorney Ms Majiki, 42, has been a practising attorney for 17 years. She was admitted as an attorney in 1995 and has acted as a judge of the Eastern Cape High Court a number of times. She is a former President of the South African Women Lawyers' Association and is currently a member of the Electoral Court. She is also a commissioner of the small claims court. Four attorneys are on the shortlist of eight for four vacancies at the Western Cape High Court, namely Judith Cloete, Mokgoatji Dolamo, Stephen Koen and Babalwa Mantane. Ms Cloete, 49, was admitted in 1988 and is currently serving her seventh term as an acting judge at the same court, where she has acted continuously since October 2010. Mr Dolamo, 57, was admitted as an attorney in 1990. He is involved in general litigation. He was a commissioner of the small claims court from 2001 to 2003 and has acted as a judge of the North Gauteng High Court and the Western Cape High Court. Mr Koen, 52, was admitted as an attorney in January 1987 and has worked at his current law firm since August that year. He is a commissioner of the small claims court and has been an acting judge of the Western Cape High Court several times between 2007 and August 2012. Ms Mantame, 38, was admitted as an attorney in 2000. She has acted as a judge of the same court for several terms from April 2011 to September 2012. No candidates were shortlisted for the position of Deputy Judge President of the North Gauteng High Court. This vacancy will be created after Judge Willem van der Merwe retires at the end of the year. The JSC has deferred a decision on this vacancy to its sitting in April next year. The interviews of those shortlisted as set out above will take place in Cape Town from the 15th to the 19th of this month. Nomfundo Manyathi, nomfundo@derebus.org.za

New Constitutional Court judge In mid-August President Jacob Zuma announced the appointment of Judge Raymond Zondo (52) to the Constitutional Court, where he will fill the vacancy created after former Chief Justice Sandile Ngcobo retired last year. Judge Zondo was selected from a shortlist of candidates compiled by the Judicial Service Commission, which also included Supreme Court of Appeal judges Lebotsang 'Ronnie' Bosielo, Mandisa Maya and Robert Nugent. Judge Zondo initially served his articles at Mxenge and Company in Durban; however, after the assassination of anti-apartheid activist and attorney Victoria Mxenge, he ceded his articles to Mthembu and Co and later to Chennells Albertyn and Partners, also in Durban. He later became partner at Durban law firm Mathe and Zondo Inc. In 1994 he was appointed as a member of a ministerial task team to draft the Labour Relations Act Outgoing National Consumer Commissioner's introspection Prior to her contract ending in early September, former National Consumer Commissioner Mamodupi Mohlala- Mulaudzi held a media briefing in Pretoria to discuss the performance of the National Consumer Commission (NCC) in its first 15 months in operation, as well as on the Labour Court dispute between herself and the Minister of Trade and Industry and the NCC's court case with local auction company Auction Alliance. The NCC came into operation in April last year, after the enactment of the Consumer Protection Act 68 of 2008 (CPA). Ms Mohlala-Mulaudzi said that since then the commission had reached 22 million people and had handled over 73 000 calls. Ms Mohlala- Justice Raymond Zondo assumed his term of office at the Constitutional Court on 1 September. 66 of 1995 and in 1996 he was appointed the first chairperson of the governing body of the Commission for Conciliation, Mediation and Arbitration. Justice Zondo was appointed as a judge of the Labour Court in 1997. Former National Consumer Commissioner Mamodupi Mohlala- Mulaudzi at a recent media briefing in Pretoria. DE REBUS - OCTOBER 2012 - 8 - In May 1999 he sat as a judge of the then Transvaal Provincial Division of the High Court for a short period before being appointed acting Judge President of the Labour Court and Labour Appeal Court from August 1999. He became Judge President of these courts in May 2000 for a period of ten years. After his term of office as Judge President ended, Justice Zondo sat on the North Gauteng High Court Bench. He then sat as an acting judge at the Constitutional Court until May 2012, after which he returned to the North Gauteng High Court. His term of office at the Constitutional Court commenced on 1 September 2012. Justice Zondo holds five degrees, including three master's degrees in labour, patent and commercial law respectively. Nomfundo Manyathi, nomfundo@derebus.org.za Mulaudzi said that, as of 15 August, the commission had received over 18 000 complaints, of which 11 973 had been dealt with. On some of the challenges the commission faced, Ms Mohlala-Mulaudzi said that businesses were using loopholes in the CPA to weaken the NCC. 'We have been speaking to policymakers to amend the loopholes, but this has not happened as yet,' she said. 'Business has failed to meet us halfway in certain respects. We do not believe they are as prepared as they should be to check that their business operations are in order and meet the requirements of the CPA,' she added. Major investigations Ms Mohlala-Mulaudzi highlighted five major investigations by the NCC, which relate to the banking industry,