Current Edition >> Archive Section >> Special Features >> 1-315 August 2005
Attorneys - The Bar: How it is constituted
In the legal profession in South Africa a distinction is basically made between attorneys and advocates. According to the website of the Law Society of South Africa (LSSA): The attorney is the person whom one first contacts when seeking legal advice or if one has a legal problem. Thus an attorney's services should be broad enough to cover a wide range of legal problems. There are approximately 13 000 practising attorneys in South Africa.
Attorneys refer clients to advocates as they have expertise in various areas of the law, especially the presentation of cases in court. Advocates also give legal opinions and help with the drafting of legal documents.
The LSSA website further states that all attorneys are required to be members of the statutory provincial law societies of the province in which they practice. The purpose of the Law Societies is to maintain and enhance the prestige, status and dignity of the attorneys' profession and to regulate the exercise of the profession.
In addition, the Law Societies encourage and promote efficiency and responsibility amongst attorneys and are the custodians of the integrity and ethical standards of the profession. Where necessary, a Law Society will discipline a member who has transgressed the ethical or other rules of the attorneys' profession.
The LSSA is a voluntary association established by the statutory provincial law societies, the Black Lawyers Association and the National Association of Democratic Lawyers. The LSSA publishes the attorney's journal, De Rebus, and runs the ContinuingLegal Education, Practical Legal Training and Professional Affairs departments.
In addition to obtaining a prescribed degree, the Attorneys Act requires that a prospective attorney serves as a candidate attorney at a law firm or legal aid clinic, attend a practical legal training course recognized by a statutory law society and pass the attorneys admission examination.
Advocates on the other hand are organized into societies in the major centres, known historically as Bars. A Bar is a fraternity of persons who practice as advocates in the place where the Bar is situated. The purpose of the Bar is to maintain professional standards and conduct among practising advocates, as well as to enforce discipline amongst its members. It also provides training for aspiring advocates at the beginning of their careers.
The Bar enforces a strict code of ethical conduct and professional integrity to which advocates are required to adhere. The various Bars are constituent members of the General Council of the Bar of South Africa.
In order to become a member of a Bar as an advocate, a person must obtain a LLB and serve an apprenticeship of five months in the chambers of a member of the Bar who has some years of experience and undergo training provided by the Bar. In addition, a pupil must pass the national bar examination of the General Council of the Bar, which is a test of his or her practical ability.
For more info, see www.lssa.org.za or for the Free State call the Free State Law Society at (051) 447 3237.
Private health care in central South Africa - Changing role
South Africa's health system consists of a large public sector and a smaller, but fast-growing, private sector. Health care varies from the most basic primary health care as offered free by the state, to highly specialised hi-tech health services available in the private sector for those who can afford it.
It is generally recognised that the public sector is under-resourced and over-used, while the private sector, run largely on commercial lines, caters to middle- and high-income earners and to foreigners looking for top quality surgical procedures at relatively affordable prices.
The public health sector is under pressure to deliver services to about 80% of the population. Despite this, most resources are concentrated in the private health sector, which sees to the healthneeds of the remaining 20% of the population.
According to figures supplied in the SA Parliament the South African private health care is ranked fourth in the world, with the public health system ranked only 37th, bringing South Africa down to an overall 35th position.
Over the past few years the health sector has undergone rapid change to make it more equitable and accessible to the needy. A district-based health system is being developed to ensure local-level control of public health services, and to standardise and co-ordinate basic health services around the country to ensure that health care is affordable and accessible to everyone. Since 1994, more than 700 clinics have been built or upgraded, 2 298 clinics upgraded and given new equipment and 125 new mobile clinicsintroduced. There are now more than 3 500 clinics in the public sector.
On the other hand, the private health sector, operating on business principles and being need-driven within a burgeoning economy, has blossomed in multiple facets, such as private hospitals and clinics, private medical research, practices and services, etc.
The private health sector is thus a complex subject and the purpose of this feature is to provide a glance on it as it functions in central SA. Starting with this general overview, the intention is to present follow-ups with closer looks on different components of the private health sector, also providing product owners in the industry to make their inputs with a view to creating constructive debate.
Gearing to impact on entrepreneurship
A group of 40 learners from the Goldfields is currently undergoing a 12 months' New Venture Creation Learnership being arranged by Ekhaya Training and Development based at Virginia. On completion of the training the learners would be well-equipped to either start and function as entrepreneurs or be employed to assist with entrepreneurship within a going concern. Pictured above is the group of 40 learners, together with the CEO of Ekhaya, Ms. Juliet Phillips (front, centre, with check top). Phillips can be contacted on 073 525 9821.
Reeds lang pad met Goudveld
'n Besigheid wat reeds vir 45 jaar diens op die Goudveld lewer en gegroei het van twee werknemers tot 45, is John Williams Motors, Welkom. Die besigheid is die plaaslike agentskap vir Mercedes Benz, Chrysler en Mitsubishi.
Die bestuurder van die onderneming, mnr. Kobie Schutte werk reeds vir 25 jaar by John William's Motors en is reeds vir 13 jaar die algemene bestuurder. Hy het aan die Vrystaat Sake Bulletin gesκ hy is vol vertroue oor die toekoms van sy onderneming binne die konteks van die Goudveld en glo dat vandag se gehalte ook more se gehalte gaan wees.
Keeping the City on the Move - Executive summary of the Municipal Budget for 2005/06
Establishing sound budgetory priorities for both the immediate future (2005/06) as well as for the long-term, is the first step towards realizing the slogan for the Mangaung Municipal Area - a City on the Move!
That forms the basic premises of the Budget for 2005/06 delivered on 27 May 2005. History was made when the Mayoral speech was, in a move to take local government to the people, delivered for the first time ever on Hoffman Square, Bloemfontein - also the first time the budget speech was delivered outside the council chamber.
Also historically about the occasion, was the attendance of a delegation of Ghent in Belgium, a city with sister status to Mangaung.
The following is a resumι of the Mangaung Budget for 2005/06:
8 Point agenda
Having gone through a thorough planning process in previous years, Council has set the below 8-point agenda to be met by 2006:
Economic growth to improve to 4.5% and 6000 new jobs created;
Communities in Mangaung are self-relient, proud and strong, the risks that face them have been reduced, and women and the disabled are mainstreamed in society;
80% of the residents see Mangaung as a safe and secure place to live in, visit and do business, and crime levels have fallen by 20%;
The percentage of HIV infection amongst antenatal women has reduced to 20% (and amongst youth under 18, to 15%) and the impact of HIV/AIDS on individuals, families and communities will have been reduced;
70% of Mangaung inhabitants are living in housing to NHBRC standards and the majority own their houses;
The standard of education in Mangaung has improved with a matric pass rate of 65%, literacy levels have risen to 90%, there is easy access to post school education and training and Mangaung is recognized nationally as a centre for high quality learning;
All residents on existing formal erven have access to a water connection on their stands, 85% to basic RDP standard sanitation and 65% to a properly drained all weather street;
An attractive environment with clean, well-kept natural open spaces, parks and well-maintained built environment
These immediate objectives found expression in the four strategic thrusts that our Council adopted.
The first three prospects enhancing our economic growth, building community resilience and self-relience and service excellence constitute the spokes of a virtuous wheel. At the hub of the wheel is common purpose and civic leadership.
Priorities for 2005/06
In 2002 Council commenced with a rigorous and intense process of developing and adopting its first Integrated Development Plan as prescribed by the Municipal Systems Act. As part of the preparation of the 2005/06 Budget, a more substantial and comprehensive review of the IDP was undertaken under the theme Improving Strategy, Ensuring Implementation.
As an output of the process, the following five implementation emphasis areas were identified and utilized as a frame of reference for budget allocation for 2005/06:
Economic development - Increased emphasis on promotion of growth and fighting poverty (highest priority);
Service excellence - Continuing to provide quality services. Effective strategic management of the Municipality to drive the strategic intent;
Finance - Continuing to be sustainable as a Municipality (revenue management, 100% campaign);
Common purpose - IGR and Mangaung Compact, and mobilizing other resources of government;
Community resilience - The need to factor in HIV/AIDS.
Emphasis 1: Economic development
In simple terms, this refers to increased emphasis on promotion of growth and fighting poverty as highest priority in order to achieve a better life for all.
The following are key projects to be implemented in the forthcoming financial year:
Implementation of the Women's Memorial Project as part of the Urban Development Zone and CBD rejuvenation (R5 million);
The further development of the Mangaung Activity Corridor project at a total cost of R44.1 million over three years. The purpose of the project is to link infrastructure development to economic development in the previously disadvantaged areas;
Inter-modal public transport facility, entailing the total redevelopment of the Russell Square area, provision of formal hawking facilities, formal business development, the construction of the nearby taxi holding area on Bastion Square and the provision for long distance taxi's on a nearby site. (R56 million over three years);
Implementation of N8 Corridor project to the tune of R2.5 million;
Establishment of an SMME Service Centre to the tune of R500 000. This centre will provide support and assistance to emerging entrepreneurs.
Emphasis 2: Service excellence
Key priorities/projects for the coming financial year are:
Appointment of a 5th SMME to assist the municipality in rendering refuse removal at the taxi ranks and bus depots;
Formalisation of informal areas in Botshabelo to create 3 000 sites in Botshabelo West and infill sites in Botshabelo;
Planning of two greenfields development to create 2 800 sites (R960 000);
Formation of business units for roads and stormwater, fresh produce market, the zoo, horticulture services and solid waste management (July 2005);
Expenditure for roads and stormwater (R75.4 million);
Provision for high mast lighting (R6 million);
Provision for street lighting (R2 million);
Provision for water (R29.7 million);
Provision for sewer and sanitation (R43.4 million);
Bulk infrastructure and house connections to 1500 erven (R3.3 million)
Emphasis 3: Common purpose
The commitment is to improve inter-governmental relations through the Mangaung Compact.
Key priorities/projects for the coming financial year are:
Accreditation of the Municipality to administer national housing programmes;
Finalisation of the District Health Management System;
Finalisation of the investigation on municipal metro police;
Compilation and completion of 15 further municipal by-laws;
Sourcing of additional grant funding, e.g. from DBSA and other agencies.
Emphasis 4: Community resilience
Key priorities/projects for the coming financial year are:
2 600 houses will be delivered in the next financial year;
The unique hostel-upgrading programme involving demolition of White City hostel (R5 000 000);
Develop and finalise strategic Environmental Management Plan;
Implementation of Energy Efficiency Programme;
Upgrading of Mmabana Stadium (R1.5 million);
Fencing of Thaba Nchu golf course (R400 000);
Upgrading of community halls in rural areas (R200 000);
Dipping tanks for animals in rural areas (R45 000);
Fencing of commanages (R75 000);
Building of pounds (R60 000);
Upgrading Mangaung Indoor Sports Centre (R150 000);
Upgrading of Johnson Bendile Stadium (R500 000);
Outdoor sport facilities Botshabelo Stadium (R250 000);
Acquisition of land for low cost housing (R1.6 million);
Fencing of Botshabelo cemetery (R1 million);
Construction of gravel road and caretaker's offices;
Botshabelo cemetery (R300 000);
Construction of gravel road and renovation of caretaker's office: Selosesha cemetery (R300 000);
Construction of gravel road and paving: South Park cemetery (R740 000).
Emphasis 5: Financial sustainability (continuing to be sustainable as a municipality)
The medium term income and expenditure framework (MTIEF) model was first developed for Mangaung in 2004, continuing with current operating revenue and expenditure patterns, but identifying six key target areas to ensure financial health.The focus was on revenue collection; expenditure control; capital spending; and cost of municipal services to ratepayers and consumers. It is expected that the MTIEF financial targets would generally be reflected in each budget for the five years with minor variations in individual years as long as the longer-term goals were not compromised.
Operating Budget
In total the operating budget for the 2005/06 financial year amounts to R1 434 665 050, which represents an increase of only 1,49% (R21 021 840) above the approved budget for 2004/05. For the 2006/07 and 2007/08 financial years the budgeted amounts are R1 493 763 800 and R1 584 761 160 respectively, which represent increases of 4,12% and 6,09% for the two outer financial years.
The following table reflects the main expenditure items for the 2005/2006, 2006/2007 and 2007/2008 financial years.
Capital Budget
In total the capital budget amounts to R262 468 330 for the 2005/2006 financial year which represents an increase of 8,34% above the approved budget for 2004/2005. The indicative amounts for 2006/07 and 2007/08 financial years are R291,067 million and R315,359 million respectively.
Mangaung is in the favourable position that 68,78% or R166,75 million of its capital projects can be financed internally and there is no need to borrow money for the 2005/06 financial year.
Conclusion
Thus the 2005/06 Municipal budget amounts to a capital budget of R262,4 million and an operating budget of R1 434,6 million. Together this amounts to an annual investment in the Municipality of R1,7 billion. It should be borne in mind though that the Municipality is operating in an environment where the community's needs are greater than what the resources and infrastructure can handle. However, in the 2005/2006 financial year, the Municipality will continue to make service delivery a priority in the underdeveloped areas of Mangaung. This will be done with greater care and caution of not neglecting the already existing and good infrastructure in other areas.
We are indeed a City on the Move! It is the African Century! A season of Hope and Optimism has dawn!
CBD Masterplan Project
An integral part of realizing the maxim Mangaung City on the Move is the upgrading of the central business district of Bloemfontein to its former splendour and even better, creating a true African Renaissance city.
To achieve this, the Municipal Council of Mangaung has resolved to compile a CBD Masterplan, awarding the task, after a competitive process, to consultants Vela Vke, to be done in conjunction with the Free State University (Dept. of Urban & Regional Planning), Henriλtte Horn Architects and the CSIR.
Project Team mandate
The Project Team is currently in a process of executing its mandate to present to a comprehensive report proposing how the CBD should be upgraded and according to which criteria, standards and objectives. The process involves basically a thorough investigation of current business set-ups in the CBD, of current street, building and other infrastructural facilities available, current activity patterns and all other relevant facts, before evaluating all this information with a view to arriving at the best possible findings and recommendations. The latter is to be embodied in the report to be submitted to Council in October 2005.
In executing the mandate, the focus will be on new trends in international urbanism followed by a review of the renewal projects conducted in Johannesburg and Cape Town. Together with that a historical perspective on the development/history of the Bloemfontein CBD will be given in order to determine whether other city approaches to CBD renewal can be applied to the Mangaung scenario.
Demarcation of CBD
The CBD as demarcated in the Bloemet Report (employment and land-use survey) of 1983 is still largely applicable for the purpose of this project, the boundaries being basically First Avenue, St Andrew Street up to the station, Harvey Road, Alexandra Avenue, First Street and Barnes Street, connecting up again with First Avenue. See accompanying aerial photo of the Bloemfontein CBD.
Land-use survey and plan : For purposes of the project, a survey which includes a questionnaire is being completed on an erf-by-erf basis to determine current land uses/services. The most important information arising from the questionnaire, will be the erf number, zoning, land-use category, name of the building, position of the building in the specific street block, coverage of the building and the number of employees.
With this information it will be possible to make proposals in respect of aspects such as land-use structure, land value, location factors, zoning structure, greening of open spaces, linkages of surrounding areas, urban design, development control, linkages with existing projects and strategies identified for CBD renewal in the IDP, the implementation programme and a financial plan.
Moreover, a holistic approach will be applied to Mangaung as a whole, focusing especially on the new role of the CBD. The ensuing plan with its new vision will start a process to developmentally integrate the greater Bloemfontein on the long run.
Architecture: The aim of the study is to acknowledge the existing architectural character of Bloemfontein, utilizing it as an integral part of any proposed CBD revitalisation or regeneration project. The Bloemfontein CBD will be studied to identify existing architectural resources. Although some of these architectural assets are currently utilised, a vast amount are lying dormant. Furthermore, existing architecture and urban design problems within the CBD will be identified. These problems will be categorized according to the estimated time for implementing a solution. Finally, a range of possible design solutions will be proposed.
Program/Deliverables: In order to commence with the first deliverable of the report, a detailed building survey is required, to be evaluated at the hand of the criteria listed below. The second deliverable will be a 3-level grading (national, provincial and local resource) of the historic buildings, after a survey and public participation exercise. This might streamline any future application for buildings permits influence by the 60-year clause as contained in the Conservation of Historical Resources Act. The third deliverable will take place after evaluating the different surveys (together with the other relevant fields) with a view to arriving at a set of design guidelines for possible implementation.
Critical aspects pertaining to a CBD / Civitas: Ideological and political meaning of the city / The individuals making up the community / A place for debate enriching conflicts / Connection of different public spaces, providing continuity / Identity referring to social, physical and collective bodies / Legibility for its users / Well defined urban forms / The quality of the architectural realm / The architecture should be a product of the specific city's form and landscape.
Urban resources that is currently visible, albeit under-utilised: Hoffman Square / Two-tower Church / Floreat Avenue / Station buildings / President Brand Street.
Urban resources lying dormant and could be re-vitalised: Bloemspruit / Naval Hill / Historic and other buildings / Elizabeth Street / Streets surrounding Hoffman Square.
Urban problems: Short-term: Litter / Hawkers / Vagrants / Appearance of buildings / Appearance + perception of CBD and its buildings. Urban problems: Long-term: Security / Crime / De-population of the CBD / Unoccupied/empty buildings / Utilisation of the CBD after hours / Accessibility (parking close to businesses) / Urban landscaping / Vacant plots of land utilised as parking lots.
Possible design solutions / design implication: / Street furniture / Making streets accessible and friendly for pedestrians / Crime prevention through visible policing (active surveillance) /Crime prevention using passive surveillance through the design of buildings / Design and making available space for cultural festivals (reflecting make-up of the population) / World wide architecture competition for re-design of parts of the CBD and or the design of prominent building(s) / Multi-purpose functions and mix use building (together with applicable zoning) / Human scale / Lighting / Use of colours / Make city more readable by using new/highlighting current architectural references / Designing for high activity levels / Acknowledging past contributors to the city (persons and events) / Urban landscaping and vegetation / Addressing 'scars' in the urban fabric, i.e. landscaping of empty plots of land / Urban desification, addressing 'lost space' / Public artwork.
Economic development
Surveys: The business survey will concentrate on business perceptions in respect of the CBD and will be divided proportionally between various blocks in the CBD. It will also deal with business proposals with regard to an economic development plan. The customer survey will focus on consumer perceptions with regard to the CBD, reasons for visiting and money spent.
Status quo report : This report will analyse the results obtained by the research processes explained above. In addition, it will be informed by: A literature review of what other cities, nationally and internationally, have done with regard to revitalising their CBD's for business purposes / In-depth interviews with land-owners in the CBD / A comparison of business change in the CBD between 1983 and 2005.
CBD Economic Development Plan : The plan will be developed by means of the analysis obtained in the status quo report. A workshop will be conducted with businesses operating within the CBD.
Security
Specific measures to curb the inner city crime rate will be covered in the CBD Security Plan. Another highly important aspect will be extensive consultations with all stakeholders.
Engineering
CBD Parking Plan : The previous parking plan of the CBD, completed during the early 1990's, will be re-visited and parking data upgraded. Most of the recommendations of the previous plan was never implemented as it coincided with a rapid decline in the demand for parking at that stage. Therefore new recommendations will be formulated in line with current conditions.
CBD Pedestrian Plan : In conjunction with the town planning and architecture disciplines, a network of proposed pedestrian routes will be identified to accommodate primary pedestrian flows. To be able to source possible funding on national government level, one such a route, namely Elizabeth Street, has already been defined. Other measures such as an unique pedestrian traffic signal phase will also be investigated.
CBD Public Transport Plan : The possibility of strengthening the accessibility of the CBD by designing new public transport services (preferably buses) will be investigated and reported on. Required infrastructure will be designed to provide a branded image in conjunction with the town planning and architecture disciplines. The recent proposals for the upgrading of the taxi rank area will be included in this plan. CBD Integrated Transport Plan : Other transport aspects, such as traffic issues and street upgradings, will be reported on in this programme.
CBD Municipal Services : An audit will be performed on the services of water, sewerage and stormwater for the CBD area.
CBD Waste Management Plan : Cleansing activities and the removal of waste have in other cities proved to be the first tangible way in which the inner city areas could be improved. Therefore a clear, practical set of processes will be defined with which a clean, neat CBD can be achieved. Emphasis will be placed on best practices of cities such as Cape Town, which is rightly proud of their achievements.
GIS Update : The existing municipal GIS (with shape files), has been installed on the computer system of VelaVKE. All survey information, plans etc, produced by the project team will also be linked and stored in the GIS. At the completion of the project, all this data will be provided electronically to Mangaung Local Municipality.
Marketing and publicity
An executive summary of the important findings and proposals of the study will be compiled and distributed amongst stakeholders. A process of effective communication of these proposals, including a publicity campaign, will also be outlined in the marketing plan.
Reports
After the approval of all the draft documents a final report will be submitted to the Mangaung Municipal Council.
Platform
Thus the investigative part of the CBD Masterplan Project as outlined above, is to establish a platform from which Council will decide on the action part of the Project, as one of the means to bring to realization the set objective of turning Bloemfontein / Mangaung into a true African Renaissance city.
Mangaung SMME Service Centre takes shape
One of the interventions to advance the stated objective of prioritising and fast-tracking development of the local small business sector, is the establishment of the Mangaung SMME Service Centre. The aim of the SMME Service Centre is to co-ordinate business development support (BDS) services in Mangaung and also to ensure that the small business sector receive quality BDS services.
Through a multi-stakeholder steering committee, plans and preparations for the Centre are at an advanced stage. The finishing touches are now being applied to premises in the Sanlam Plaza that will host this Centre and SMME's can look forward to the centre opening its doors to the public shortly.
Entrepreneurs will be able to access, among others, the following services :
Business advice and information
Business plans
Entrepreneurship information & awareness
Management training
Tender advice
Assistance with access to finance
Because the Centre is a co-ordination point, it will also signpost SMME's to approved BDS providers. The Centre will therefore be a local access point for various support programmes. Discussions have also taken place with the Small Enterprise Development Agency (SEDA) and the Centre may in fact become one of the first SEDA branches in the Free State.
For further information on this development, contact the SMME Support Division at Mangaung Local Municipality on the 9th Floor, Bram Fischer Building, or alternatively call us on 405 8917 or email moloit@civic.mangaung.co.za
Accounting - diversified and fast- developing field
The field of Accounting offers a large variety of possible career options. Three of the possibilities are discussed below:
The first option is that of a chartered accountant (CA). A CA works on behalf of a company to analyse and evaluate financial information, make plans on that information and put these plans into action. Specific functions include auditing, taxation, financial management and management consultancy to name a few.
In order to become a CA, a student first needs to complete an honours degree in B.Acc. In the final year an exam is written which will enable a student to obtain a Certificate in the Theory of Accountancy (CTA). After completing the degree, a person has to train with a firm of chartered accountants or an approved organization in commerce and industry for three years, during which time two Qualifying Exams (QE's) have to be written. On completion of the traineeship the person is entitled to join the SA Institute of Chartered Accountants, becoming a CA.
The second option is to become a commercial and financial accountant (CFA). The majority of CFA's offer accounting and allied services to the general public and to business entities, ranging from large organisations to small, owner-managed businesses. They are also engaged in commerce and industry and in the public sector, where their professional training and affiliation is valued by employers.
For a person to become qualified as a CFA, a B. Com Acc degree has to be completed. After this, a practical component that should take three years to complete must follow. Those people who are interested in registering as a CFA, need to write a Professional Evaluation (PE) before they can do so.
Lastly, there is also the option of registering as a Certified Management Accountant (CIMA). They are focused mainly on Cost and Management Accounting and mostly work in the manufacturing industry or in factories as financial or strategic managers.
In order to obtain the qualification as a CIMA, a B.Com Acc degree has to be completed for which certain credits will be received. The rest of the courses can be completed via correspondence.
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