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Proxi Smart Services Pty Ltd v LSSA et al

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The LSSA has not yet filed its answering affidavit. The LSSA has advised the applicants that it is of the view that there are various other parties that need to be joined, including the Minister of Rural Development and Land Reform and SARS and, once the joinder issue is settled, the LSSA will negotiate new timeframes.

16 November 2016 - Practitioners have previously been advised of a proposed business model by Proxi Smart Services (Pty) Limited (Proxi Smart) to render certain conveyancing-related services which are presently performed by conveyancers – who are regulated by the statutory, provincial law societies.

The view of the Law Society of South Africa (LSSA) and the provincial law societies, is that the proposal by Proxi Smart cannot be supported as the full conveyancing process is regarded as reserved work, and should remain so in the interest of the public.
Proxi Smart has been informed accordingly.

An application to the Gauteng Division of the High Court has subsequently been served on the LSSA for an order to the following effect:

Declaring that the steps in the transfer process identified by Proxi Smart do not contravene the Attorneys Act, the Legal Practice Act, the Deeds Registries Act of the Regulations made under the Deeds Registries Act and that it does also not constitute the performance of conveyancing work reserved to attorneys or conveyancers.

The LSSA is opposing the matter and, by agreement, must submit an answering affidavit by 28 February 2017.

The Attorneys Fidelity fund (AFF), the Chief Registrar of Deeds and the Justice Minister are also respondents. The AFF has filed its notice to oppose.

At this stage, a joinder of the four provincial law societies as regulatory bodies of the attorneys’ profession, is being considered.

Understandably, the matter is of grave concern to the profession and we wishes to assure practitioners that we are prioritising this matter and are dealing with the interests of the both the profession and the public. We have a skilled legal team and consultants.

 Documents

Proxi Smart Services PTY LTD v the Law Society of South Africa, the Chief Registrar of Deeds, Roger Dixon, Minister of Justice & Constitutional Development, Attorneys Fidelity Fund Notice of Motion Notice of Motion dated 19 September 2016
Download here
 [3.7MB]