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ATTORNEYS FIDELITY FUND
The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (“the Fund”) was established under section 8 of Attorneys’ Admission Amendment and Legal Practitioners’ Fidelity Fund Act, No. 19 of 1941, and its continued existence – as the Attorneys Fidelity Fund – is provided for by section 25 of the Attorneys Act 53 of 1979 (“the Act”).
The Attorneys Fidelity Fund (“the Fund”) is a statutory body established and regulated by the provisions of the Attorneys Act of 1979 (“the Act”). Its objective is to protect the public against loss as a result of the theft of trust funds by practitioners. The protection provided by the Fund encourages the public to use services provided by legal practitioners with confidence.
The Fund derives its income principally from interest earned on practitioners’ trust accounts, which enables the Fund to offer valuable financial support to the profession. It values the active involvement of all practitioners in the maintenance of a sound Fund.
The Fund vests in and is administered by a Board of Control, which holds the Fund in trust for the purposes defined in the Act. The Board consists of representatives of the (at present) four statutory law societies in South Africa, the Black Lawyers Association and the National Association of Democratic Lawyers.
The Board is primarily charged with the formulation of policy and decision-making with respect to management of the Fund’s affairs. The day-to-day administration of the Fund is carried out by its Management, comprising of Mr M B Molefe (Chief Executive Officer), Mr A M Stansfield (Finance Executive), Mr JB de Beer (Forensic Executive), Mr J M Losper (Claims Executive), Mr R Burawundi (Investment Executive), Ms P Z Ndima (Senior Claims Manager), Mr S D Maile (Board Secretary),
The Fund’s Management, in turn, is overseen by an Executive Committee of the Board of Control, comprising of Mrs Nonduduzo Kanyile-Kheswa as Chairperson, Messrs Tony Thobane, Etienne Horn and Carel Pieter Fourie as Vice-Chairs of the Fund’s Board of Control.
NATURE OF THE FUND
- might be termed a statutory client protection fund as it serves to protect trust creditors against loss by reason of theft, of money or property entrusted to a practitioner.
- although not an insurer, given the above definition, is in the nature of an insurer.
- again, according to the above definition, is a service provider functioning as a component of the organised attorneys’ profession.
In common with similar client protection funds elsewhere, the Fund is a fund of last resort. If, therefore, it is apparent that stolen money or property can be recovered from another source, the Fund will require a claimant to first exhaust all available legal remedies against the third party, i.e. a surety under a court bond with respect to insolvent or deceased estates, the practitioner who stole the money, and/or the practitioner’s partners
The Attorneys Fidelity Fund funds the distribution of De Rebus to all practising attorneys and candidate attorneys.
De Rebus, the South African Attorneys’ Journal, is published monthly by the Law Society of South Africa. The print version of the journal circulates free of charge to all South African practising attorneys and candidate attorneys and is also available on general subscription. The online version usually goes live about a week prior to the print version, usually during the last week of the month prior to the print month. The digital format of the journal – De Rebus Digital – is an exact replica of the print version. It is available free of charge and is usually sent electronically two weeks before the print version is delivered. The audio version is available free of charge to all blind and print-handicapped members of Tape Aids for the Blind.
Editorial Office Details
The editor is Ms Kim Hawkey BA LLB (UCT) BA Hons (Wits)
304 Brooks Street, Menlo Park, Pretoria, 0102
P O Box 36626, Menlo Park, 0102
Docex 82, Pretoria.
Tel: 012 366 8800
Fax: 012 362 0969
Section 51 Manual
This manual is published in terms of section 51 of the Promotion of Access to Information Act, 2000 (Act no. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides with the right of access to information held by the state and to information held by another person that is required for the exercise and/or protection of any right.
The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement to receive such information, other than in terms of the Act.
The Attorneys Fidelity Fund Functions And Overview
The Attorneys Fidelity Fund is a statutory body established and regulated by the provisions of the Attorneys Act of 1979. Its objective is to protect the public against loss as a result of theft of trust funds by practitioners. The Fund vests in and is administered by a Board of Control, which holds the Fund in trust for the purposes as defined in the Act.
The Attorneys Fidelity Fund supports the constitutional right of access to information and is committed to providing access to our records in accordance with the provisions of the Act, the confidentiality owed to third parties, and the principals of the laws of South Africa.
Availability Of The Section 51 Manual
A copy of this manual is available on the website www.fidfund.co.za or by sending a written request to the Information Officer as indicated below.Â A copy of this manual may also be obtained from our officers at the address below as well as the South African Human Rights Commission. This manual will be updated from time to time, as and when required.
|Name of Public Body||The Attorneys Fidelity Fund|
|Designated Information Officer||Mr M B Molefe|
|E-mail Address of Information Officeremail@example.com|
|Postal Address||P O Box 3062, Cape Town, 8000|
|Street Address||28 Wale Street, Cape Town, 8000|
|Telephone Number||021 424 5351|
|Fax Number||021 423 4819|
Requests For Access To Records Held By The Attorneys Fidelity Fund
Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for above.
Requests for access to records must be made on the request forms that are available on our website or from our office. All requests will only be processed once payment of the prescribed fee has been made.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate whether he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of a third party, the requester must then Submit proof of the capacity in which the requester is making the request, to the satisfaction of the Information Officer.
Kindly note that all requests to the Attorneys Fidelity Fund will be evaluated and considered in accordance with the Act. Publication of this manual and the description of the categories and subject matter of the information held by the Attorneys Fidelity Fund does not give rise to any rights to access such information or records except in terms of the Act.
How To Access The Guide As Described In Section 10 Of The Act
The guide described in section 10 of the Act will be available from the South African Human Rights Commission as at the end of August 2003.
Please direct any queries to:
The South African Human Rights Commission
The Research and Documentation Department
Private Bag 2700
Voluntary Disclosure In Terms Of Section 52 (2) of the Act
The Attorneys Fidelity Fund has not published a notice in terms of section 52(2) of the Act, however, it should be noted that the information relating to the operations of the Attorneys Fidelity Fund, is freely available on the website. Further information in the form of marketing brochures, advertising material and other public communications is made available from time to time.
Records Available In Terms Of Other Legislation
Information is available in terms of the following legislation to the persons or entities specified in such legislation:
Labour Relations Act 66 Of 1995
Basic Conditions Of Employment Act 75 Of 1997
Employment Equity Act 55 Of 1998
Skills Development Levies Act 9 Of 1999
Unemployment Insurance Act 30 Of 1966
Electronic Communications And Transactions Act 25 Of 2002
Occupational Health And Safety Act 85 Of 1993
Records Held By The Attorneys Fidelity Fund
The Attorneys Fidelity Fund maintains records under the following categories.Â Please note that recording a category or subject matter in this manual does not imply that a request for access to such records will be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.
8.1 Financial Records
- Investment Records
- Payroll Records
- Financial Management Reports
- Honoraria Records
- Records Relating To Negotiations With The Banking Industry
- General Financial Correspondence And Minutes
8.2 Internal Records
- Administration Records
- Building Administration Records
- Business Development Program
- Minutes of Meetings of the Board of Control and its Executive
- Professional Indemnity Insurance Scheme
- Internal Records of communications with the Board Of Control
- Corporate Governance
- Liaison with The Law Society Of South Africa
- Liaison with Statutory Law Societies
- Professional Affairs
- Risk Management
- Certificates To Practitioners
- Lease Agreements
- Funding Requests and Reports related to the funding of
University Law Faculties and Law Clinics
- Bursary Applications
- IT Acquisitions and Maintenance Records and Minutes
- Minutes of Internal Committee Meetings
8.3 Personnel Records
Personnel refers to any person who works for or provides a service to or on behalf of the Attorneys Fidelity Fund and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the Attorneys Fidelity Fund. This includes, without limitation, Directors, non-Directors or permanent, temporary and part-time staff as well as contract workers.
Personnel Records Include The Following:
- Any personal records provided to the Attorneys Fidelity Fund by their Personnel
- Any records a third party has provided to the Attorneys Fidelity Fund about any of their personnel
- Contracts of Employment and salary particulars as well as all other personnel related contractual records
- Internal Performance Evaluation Records
- Other Internal Records and Correspondence
8.4Â Claims Records
- Claim Files
- General Files
- Brief To Counsel
- Claims Department Templates
- Claims Department Statistics
- Correspondence and Reports related to Criminal Cases
- Correspondence and Records relating to Excussion
- Correspondence and Records relating to the Asset Forfeiture Unit
- Correspondence and Records related to Excussion Panel Attorneys
- Field Guide
- Minutes of Claims Department Meetings
- Correspondence and records related to MVA Claims
- Records related to Regulation 8(Bis) Enquiries
- Correspondence and records related to Striking Off Orders
Correspondence and records related to Striking Off Costs
What follows is a list of links to the Internet addresses of various organisations.
Please note that carrying these links do not imply their endorsement, recommendation or preference by Attorneys Fidelity Fund to other sites.
If you are interested in exchanging links with this site, please contact:
Mrs Liesel Decker
Attorneys Fidelity Fund
PO Box 3062
Tel:Â 021 424 5351
Fax: 021 423 4819
Clicking on the following names of the organisations will take you through to its web site:
2. Law Societies
- Law Society of the Northern Provinces
- Law Society of the Cape of Good Hope
- Law Society of KwaZulu-Natal
- Law Society of the Free State
- Law Society of South Africa
3. Indemnity Insurance
DOWNLOAD OF APPLICATION OF RESOURCES
Detailed application of resources pamphlets are available in English and Afrikaans. To download, click on the links below;
Register as a supplier
The Attorneys Fidelity Fund has a process whereby interested businesses, particularly small and micro enterprises owned by women, youth and people with disabilities can apply for registration to be included on the Attorneys Fidelity Fund list of approved / prospective suppliers (Suppliers Database).
How to register as a supplier