22 May 1995.

Reconstitution of the Council of the Law Society of the Transvaal: Proposed amendment of the provisions of Section 62(2) of the Attorneys Act, 1979.
I refer to the discussion held with you by the President of the Law Society, Mr. P.C. Langenhoven regarding the above and wish to confirm that it has been resolved by the Council of the Law Society at its meeting held today that the Department of Justice be kindly requested to assist the Law Society to facilitate the provincial restructuring of the attorneys profession in the former Transvaal province by way of an urgent legislative amendment.

It has in principle been agreed between the Council of the Law Society of the Transvaal and representatives of the BLA and NADEL that the Council of the Law Society be reconstituted on the basis that the Council should consist often attorneys from the establishment and five attorneys from the BLA and NADEL respectively, i.e. a new representative Council consisting of twenty persons.

Although it is intended to implement the restructuring proposal on an urgent basis, it appears that the provisions of Section 61(2) of the Attorneys Act, 1979 may result in a problem as it prescribes that "the members of a Council shall be elected in the prescribed manner by the members of the Society concerned".

It is obvious that members of the BLA and NADEL cannot at this stage be elected in the normal manner and that the Act would have to be amended to facilitate the restructuring as soon as possible. The proposal therefore is that Section 62(2) of the Act be amended to read as follows "whenever a vacancy arises on the Council for any reason the Council may appoint a member of the Society to fill the vacancy".

Your kind attention to an urgent amendment on the basis as explained above will be highly appreciated.

It needs to be mentioned that once this amendment has been affected, the existing Rules of the Law Society can then be suitably amended to enlarge the Council of the Society from 14 to 20 members whereupon the members of the BLA and NADEL can be appointed as members of the Council without any further delay.

If any further information is required, please do not hesitate to communicate with me telephonically or otherwise.