XBLAW: FINAL POE

ST10089345
Contents Page
 43%

XBLAW: TASK 1
STUDENT: ST10089345
QUESTION 1

Q.1.1.1 Reasoning by induction, what this refers to is a method in which general conclusions can
be drawn from specific conclusions, for this to take place, a reverse of what is referred to as
deductive reasoning (will be discussed in the proceeding paragraphs) is required to take place in
order for inductive reasoning to prevail, now what this refers to is identifying the name of a broader
category as a measure of describing the observable objects in that specific category, this then
can now be used to state something new in terms of a case which is currently being delt with,
now what this encompasses is the ability to observe what is already known from a plethora of
existing examples, compiling such examples and further establishing a general rule about the
above-mentioned examples which would also be applied to other examples that would be
included in the same category, it can therefore simply be seen in conclusion that what inductive
reasoning refers to is the process of building a hypothesis, thus it can be seen that a court may
use inductive reasoning by:

1. Examining specific instances/evidence- the court in the Erasmus case made use of
instances/evidence drawn from the Commuting Journey Policy, the Road Accident Fund Act 56
of 1956 and the Assessment of Damages Act 9 of 1969

2. Drawing general conclusions/ identifying patterns- In terms of the conclusions that were drawn
from the case, it can be seen that aspects such as the question as to whether the defendants in
this instance were third parties as according to the Commuting Journey Policy based on an
observation of the root of the claim itself being that of prescription and not liability due to the
accident, the court further drew a conclusion by ascertaining that even though the plaintiffs claim
was differentiated, the right of action was essentially the same in both instances, with a further
consideration of patrimonial delictual damages in terms of the Standard General Insurance1 case
as a precedent.

3. Forming a judgement – Thus in its judgement the court in this instance found the plaintiff to be
successful based on the above-mentioned legislation and case law as it relates to the current
case in question, further highlighting a generality in terms of certain aspects and moreover applied
to a specific instance as seen in but not limited to the court highlighting that the claims might be
differentiated but are essentially the same in the current case
08

Q.1.1.2. Deductive reasoning, this refers to the mental operation that should be used and applied
by law students, lawyers and judges in their profession, in terms of this, two aspects are analysed
in relation to each other and such analyses will moreover be used to infer to a third aspect, in
terms of this, it could be seen that the starting point of this form of reasoning is referred to as the
major premise while the latter is referred to as the minor premise, the main form of making use of
deductive reasoning can be seen in reference to syllogism where one proposition can be inferred

1
1995 (3) SA 806 (AD)
from two others , for instance, 1. all men are mortal, 2. my teacher is a man and thus 3. my lecturer
is mortal, therefore it can be seen that this consists of

1. A major premise – All men are mortal

2. A minor premise- My teacher is a man

3. A conclusion- Therefore my teacher is mortal

Thus it can be seen that within this case that deductive reasoning was used in terms of but not
limited to the application of the Assessment Act, where the defendants claimed that the plaintiff’s
action against the fund dependent on the loss of support while the claim against the defendants
was a matter of negligence in terms of prescription, the court moreover rejected such contention
and reasoned that even though the cause of action for the plaintiffs case is different, her right of
action is essentially the same due to the fact that both are related to the loss of support, therefore
the major premise could be seen as the loss of support, the minor premise being death as a cause
in terms of the claim and the conclusion moreover resulting in the claims being essentially the
same even though the claims were made as a result of different claims 06

Q.1.2.

Q.2.1.1. Conductive reasoning, what this refers to is a logical and systematic methodology of
analyzing legal issues and moreover reaching a conclusion based on those issues, now how this
can be implemented refers to breaking down complex issues into smaller components as a
measure of analyzing them in a simplified manner, identifying relevant facts and legal principles
and furthermore applying the above-mentioned principles as a measure of reaching a conclusion,
therefore this could be seen as a method of reasoning where a conclusion is drawn based on the
gathering of evidence and not necessarily direct proof now how this can be identified in a case
refers to identifying

1. A clear statement of the issue at hand

2. An identification of the facts relevant to the case

3. A statement of the legal principle concerned

5. A logical conclusion

It can therefore be seen in this instance that the court in this case did not have direct proof of the
actual rape occurring but made use of witness statements and certain improbabilities as a
measure of formulating a judgement for instance it was asserted in the case that:

1. The complainant would not have by her first encounter agree to sexual relations with the
08
appellant
2. That Khuduga being informed that the complainant had relations with the second appellant
and further continue to get into an altercation with the first appellant
3. That Khuduga would leave the scene without confronting the second appellant and
moreover leaving his girlfriend behind
Q.2.1.2. Analogical reasoning, now what this refers to is a methodology of drawing parallels
between different legal aspects such as cases and legal principles as a measure of reaching a
decision/judgement , now what this encompasses within its process is the identification of
similarities and patterns between seemingly distinct situations and moreover applying legal
principles/precedents to certain circumstances, in achieving this, it can be seen that the following
may be done

1. The identification of applicable legal principles

2. An analyses of how the above-mentioned legal principles have been applied in similar contexts

3. Apply the above-mentioned principles to the case at hand.

It can further be seen in this respect that the element of analogical reasoning was made use of in
this case as a measure of tackling the applicants contention of discrepancies in terms of the
witness statements where case law was used and applied to the scenario at hand where the
writings of Oliver JA in the S v Mafaladiso & Others2 was made use of against the summary
rejection of a witness’ contradictory evidence and moreover came to the conclusion that both 06
witnesses were to be considered as being credible witnesses

Q.1.3. Crombag’s seven-step process3:

1. Problem definition: this refers to identifying the legal issue at hand which begs two
question, 1, are the defendants in this instance to be considered as a 3rd party in terms of
indemnification of the insurance company and 2, would the plaintiff’s claim against the
defendants be reduced by the amount which the plaintiff had to pay to the insurance
company ?
2. Gather facts: This refers to the gathering of facts which are relevant to the case at hand
furthermore Alice who’s husband had passed away as a result of a car accident which
moreover gave her the right to claim from the Road Accident Fund 4 , Alice moreover
requested Harlequin Attorneys to institute the action on her behalf at which they failed to
issue to summons on time which further led to Alice being unable to claim from the Road
Accident Fund, this then led to Alice instituting an action for negligence on the part of
Harlequin Attorneys as a measure of recovering the money she would have received if the
summons was instituted on time
3. Determination of legal issue: As similar to the second element, the legal issue refers to
the question before the court which moreover questions 1, are the defendants in this
instance to be considered as a 3 rd party in terms of indemnification of the insurance
company and 2, would the plaintiff’s claim against the defendants be reduced by the
amount which the plaintiff had to pay to the insurance company ?

2
2003 (1) SACR 583 (SCA).
3
Crombag, H. Introduction to Legal Research (2006).
4
56 of 1956.
 4. Research the law: This refers to making gathering and analyzing the relevant legal
authorities in this respect, such as cases, statues and regulations, it can moreover be
seen in this case that the Road Accident Fund Act5 and the Assessment of Damages Act
9 of 1969,
5. Apply the law: This refers to applying the legal principles referred to above to the issue
at hand, therefore in terms of this it was highlighted that the plaintiff would indeed be able
to claim under both above-mentioned legislative acts
6. Draw a conclusion: As similar to the fifth point, this requires a conclusion as to where the
specified legal principles lead the legal practitioner in question, where a conclusion is
made based on the application of the law where it was seen that the applicant could indeed
claim in terms of the above-mentioned statues 15
7. Communicate the result: This refers to presenting the conclusion in a clear and concise
manner which could moreover be seen in the conclusion.

5
Ibid.
BIBLIOGRAPHY

TABLE OF STATUES

Road Accident Fund Act 56 of 1956

Assessment of Damages Act 9 of 1969

TABLE OF CASES

Damgazela v S (633/09) [2010] ZASCA 69

Erasmus Ferreira & Ackermann v Francis 2010 (2) SA 228 (SCA)

S v Mafaladiso & Others 2003 (1) SACR 583 (SCA).

Standard General Insurance 1995 (3) SA 806 (AD)

WEB RESOURCES

OpenLearn:LegalReasoning(2024)foundat:
[Link] accessed
26 June 2024

Rozenberg Quarterly: A Formal Model of Conductive Reasoning (2014) found at:

[Link]
accessed 26 June 2024)
 75%

WORK INTERGRATED LEARNING

POE: PART 2
STUDENTS
Dillon Gontse Mashika- ST10089345
Kanego Michael Mokwena- ST10115916
Tumelo Sekhula- ST10118173
QUESTIONS

2.1. Based on the case study provided, it can be seen that the issues that need to be
addressed in the firm’s risk management plan refer to1:

1. Outdated infrastructure and technology: The firm’s reliance on old computer

equipment and paper-based ledges poses a significant risk to data security and efficiency
within the firm

2. Inadequate training and staffing: The firm’s staff, particularly Beatrice and Baz are not
adequately trained to handle modern accounting systems and filing methods, which
consequently led to inconsistencies and errors

3. Lack of clear policies and procedures: The absence of a code of conduct, filing
system, and proper logs for document management creates chaos and increases the risk of
data losses and breaches

4. Inconsistent cash handling: The firm’s cash handling procedures are disorganized,
which could further lead to potential fraud and or the misappropriation of funds

5. Unprofessional behavior: Staff member behavior, such as taking photos of clients and
sharing them without consent , violates client confidentiality and creates a risk to the firms
reputation

6. Non-compliance with legal requirements: The firm’s failure to maintain accurate

records, reconcile telephone accounts and charge clients properly may lead to legal and
financial repercussions.

7. Succession planning: The firms reliance on aging staff members, particularly Beatrice
and Baz, poses a risk to continuity and knowledge transfers

In order for the above aspects of risk management to be addressed in the firm, the following
should be done:

1. Upgrading infrastructure and technology

2. Staff training and development reference your work

insert footnotes
3. Establishing clear policies and procedures

4. Implementing extensive cash handling and accounting systems

5. The enforcement of professional behavior and client confidentiality

6. Ensuring legal compliance

7. The development of a succession plan

It can therefore be seen in conclusion that, Patrick has an obligation to establish and
maintain a risk management program as a measure of insuring that the firm operates in a

1 Law Council of Australia: Risk Management for Solicitors (2018)

manner that's effective, ethical and efficient, which would then require him to conduct regular
risk assessments further ensuring adherence to certain legal and regulatory requirements.
max 15

2.2. Risk mitigation, what this refers to is the process of identifying, assessing and prioritizing
potential risks and implementing strategies as a measure of minimizing and or totally
eliminating their impact, when dealing with new matters, risk may be mitigated by 2:

1. Conducting proper client due diligence

2. Identify and evaluate conflicts of interest

[Link] realistic expectations and timelines

4. Conducting a thorough case assessment

5. Conducting a risk benefit analysis

6. Ensuring adequate resources and capacity

While in terms of dealing the prescription of matters, the factors that should be considered in
risk mitigation refer to:

1. Conducting thorough research on relevant statues and case law

2. The implementation of extensive calendar and deadline tracking systems

max 10
3. Communicating regularly with clients in respect of deadlines and implications

Q.2.3.
Q.2.3.1.

Juror and Prudence Inc

File Number: 17982

Client Name: Mario Werner

File Title: Mario Werner v Trevor Manning

Date Opened: 25 May 2020

Attorney: Patrick Juror

Paralegal: Miranda Smith

2 Harvard Business Review: Managing Risk in Uncertain Times (2019)

Nature of Dispute: Cause of action for goods sold and delivered for the value of R15 000
upon which the amount is still outstanding and no offer has been made to settle the owing
amount.

Progress Details:
Date Activity Description Responsibility Status
25/05/2020 Case Opening Initial client Patrick Juror Complete
meeting, file
creation
29/05/2020 Drafting of Letter Receiving and Patrick Juror Complete
of Demand drafting the
client’s
instructions to
demand the
R15 000 for
goods sold and
delivered to
Trevor Manning
01/06/2020 Sending of the Sending of the Mbazo Complete
letter of Demand letter of demand Mapumulo
to Trevor
Manning by
registered mail.
12/06/2020 Filing of the Collecting the Miranda Smith Complete
registered slip registered slip of
and proof of the letter of
collection of the demand as well
Letter of as the proof of
Demand. collection, and
filing it

Diary Entries:
May 25, 2020

 11:00 AM: Initial client meeting. Discussed case details, collected documents, and
formulated initial strategies upon the instructions and consent of the client.
Action Taken: Patrick Juror prepared an intake memo.
Next steps: Draft and send a letter of demand to Trevor Manning demanding the
R15 000 for the goods sold and delivered to him, by the client before May 29, 2024.
May 29, 2020
  03:00 PM: Letter of Demand drafting session. Letter of demand drafted and reviewed
for accuracy and completeness.
Action taken: Patrick Juror finalized the draft.
Next Step: Send the letter of Demand by registered mail on June the 1 st ,2020.
June 01, 2020

 09:00 AM: Letter of demand sent by registered mail.

Action Taken: Mbazo Mapumulo confirmed the registered slip and proof of
collection.
Next step: Filing of the registered slip and proof of collection of the Letter of
Demand.
June 12. 2020

 09:00 AM: Filing of the registered slip and proof of collection of the Letter of
Demand.
Action Taken: Miranda smith filed both the registered slip and proof of collection of
the Letter of Demand.
Next step: Await answer from the defendant by June 17, 2020, as the defendant
collected the letter of demand on the June 10, 2020, and has seven days upon
receiving the Letter of Demand to settle the debt, and if the defendant does not
respond proceed with summons.

The following are sub-files to be included inside a legal file cover:

1. Correspondence

 Letters to/from clients.

 Emails from/to clients and opposing legal presentative of the defendant.
 Internal memos.

2. Pleadings

 Complaint.
 Answer.
 Motions and responses.
 Court orders.
 Notices.

3. Research

 Legal research memorandums.

 Case law printouts.
 Statutes and regulations.

4. Evidence and Exhibits

  Photographs.
 Documents submitted as evidence.
 Physical evidence records.

5. Notes

 Attorney’s notes.
 Paralegals’ notes.
 Meeting notes.
 Strategy discussions.

6. Client information

 Client intake forms.

 Background information.
 Client identification documents.

7. Billing and Financials

 Time logs
 Invoices
 Payment records.
 Expenses recipients.

8. Settlements and Negotiations

 Settlement offers.
 Mediation and arbitration records.
 Settlement agreements.

9. Miscellaneous
Any other relevant documents to the matter, but do not fit into any of the other
categories.
max 15

Q.2.3.2.

Juror and Prudence Inc

Statement of Account
Date: June 25. 2020
File Number: 17982
Client Name: Mario Werner
File Title: Mario Werner v Trevor Manning

Date Description Debit (Amount Credit (Payment Balance

Owed) Received)
25/05/2020 Initial R1 500 R1 500
engagement fee
including the
drafting of the
letter of demand
25/05/2020 Payment R5 000 R3 500
received
01/06/2020 Registered R12, 50 R3 487,50
postage fees
01/06/2020 Travel expenses R200 R3 287,50
12/06/2020 Filing fee R 1000 R2 287,50

Summary:
Total Debits: R2 712.50
Total Credits: R5 000 06
Balance: R2 287,50
Notes:

 At the moment there is no amount due within 30 days as the statement of account
reflects a positive balance of R2 287,50 which will be retained awaiting the
defendant’s response in respect of the letter of demand send thereto.
 Please contact our office if you have any questions regarding the above statement.

Contact information:
Juror and Prudence Inc.
18271 White Street
Pretoria, Gauteng, 0002
Phone: (123) 476-8970
Email: JurorPrudenceInc@[Link]

Q.2.4.
Q.2.4.1.
Initial debt: R15 000
Payments made by Mr Bessik:

 15 June paid R3000

 1 July paid R3000

 1 August paid R3000

Therefore, total of payments made: R 9 000
Interest calculation:
From 10 June to 15 June: 5 days
From 15 June to 1 July: 16 days
From 1 July to 1 August: 31 days
Total days: 52 days
Interest rate: 15% per annum
Daily interest rate: 15%/365 = 0.0411
Therefore, the interest rate for the 52 days is as follows:
R15, 000 x 0.0411 x52 = R319.65
Calculation of the outstanding balance as from after 1 August:
1. From 10 June to 15 June: Capital was R15 000
R15 000 x 0.0411 x 5 = R30.83
R15 000 + R30.83
Bringing the capital to R15 030.83

2. From 15 June to 1 July: R15 030.83 – R300 000 bringing the capital to R12 030,83
R12 030.83 x 0.0411 x16 = R79.12
R12 030.83 + 79,12
Bringing the capital to R12 110

3. From 1 July to 1 August: R12 110- R3 000 bringing the capital to R9 110
R9 110 x 0.0411 x 31 = R116.1
R9110 +R116.1
Bringing the capital to R9 226.1
Therefore after 1st of August the outstanding balance will be as follows:
R9 226 – R 3 000 bringing the capital to R 6 226.1
R6 226.1 x 0.0411 x 30 = R76.80
R6 226.1 + 76.80
01
Bringing the outstanding amount to R6 303
However, it is important to note that the client has waived the collection commission as well
as the costs of the Letter of Demand and therefore these amounts are not included in the
calculation.

Q.2.4.2.
File Note
Date: 10 June 2020
Time: 09:30 AM
Participants: Mr Mario Werner & Miranda Smith, respectively Mr Bessik being a client of
Juror and Prudence Inc and Miranda Smith being the Paralegal of the law firm.
Subject: A telephonic conversation in which Mr Mario Werner agreed to the settlement offer
proposed by Mr Bessik agreeing to settle the debt by making an immediate payment of R3
000 and offering to pay the balance in instalments of R3 000. As well as waiving Mr Bessik
from being charged for the Letter of Demand and disbursements.
Details:

 Call initiation: Miranda Smith in informing the client that Mr Werner has made an
offer to settle the debt by proposing to make an immediate payment of R3 000
followed by subsequent payment instalments of R3 000.
Summary of Discussion:

 Mr Bessik called the law firm proposing an offer to settle his debt owed to Mr Mario
by proposing to make an immediate payment of R3 000 followed by subsequent
monthly instalments of R3 000. He is also liable for cost of the letter of demand, as
well as postage.

 Upon hearing the offer Miranda by a telephonic call, called Mr Werner to inform him
of Mr Bessik’s offer and the client agreed to the offer as well as instructing Miranda to
not charge Mr Bessik for the Letter of Demand or disbursements. However, both Mr
Werner and Miranda agreed that no changes were to be made to the interest, as it
was to run from the date of receipt of the Letter of Demand, which was 10 June 2020.
Agreed Actions:

 Mr Werner accepted Mr Bessik’s offer, and Mr Bessik was not to be charged for the
Letter of Demand or disbursements and upon which Mr Bessik started making an
immediate payment of R3 000 followed by monthly instalments of R3 000 till the debt
is settled.
Follow-Up
  Till this date Mr Bessik has honoured the agreement and has made monthly
payments of R3 000 in respect of the debt as currently we are awaiting his
September instalment.
Additional Notes:

 On the one hand, the client is satisfied with the offer and as a sign of good faith has
waived charges of the Letter of Demand as well as disbursements which were to
accrue to Mr Bessik, and Mr Bessik on the other hand is complying diligently with his
obligations in terms of the settlement agreement, as so far he has made payments.
Prepared by: Miranda Smith max 5
Date Prepared: 11 June 2020.

Q.2.4.3. In regard to the scenario given it can be seen that Miranda has a reasonable
suspicion to believe that the firm is being used for money laundering which is moreover a
serious crime, which then leads us to a consideration of the ethical dimension of this
instance which refer to a potential harm to the firms reputation, the legal risks associated
with facilitating criminal activity and a consideration of the moral obligation which obliges the
practitioner to report any suspicious transactions, it can therefore be seen in a nutshell that
the ethical dimension of this instance comprises of3:

 Miranda’s recognition of the clients criminal background and the suspicion of money
laundering
 The firm’s involvement with such individuals could result in the facilitation of criminal
activities which further compromises the firms integrity and professionalism

It can therefore be seen in relation to the above factors that the risks associated with
08
continuing with these matters may result in

 Legal repercussions for facilitating money laundering and or the participation in other
criminal activities
 Reputational damage and loss of trust from clients
 Potential harm to the firm’s employee, more especially Miranda due to her proximity
to the issues at hand
It can moreover be seen in this respect that the firm is also required to adhere to certain
statutory reporting obligations such as that established in the Financial Intelligence Centre
Act4 which requires suspicious transactions to be reported to the Financial Intelligence
Centre

2.5. To decide whether Patrick is personally accountable for Juror's & Prudence Inc.'s debts,
we must evaluate the firm's legal structure as well as the applicable South African corporate
responsibility rules.

Juror's & Prudence Inc. is most likely a private business (Inc.), which implies it is a distinct
legal entity from its directors and shareholders. This structure generally gives directors and

3 Law Society of South Africa: Conducting thorough client due diligence (2019)
4 38 of 2001.
shareholders with limited liability protection, which means they are not personally
accountable for the company's debts.

As a director, Patrick is subject to various duties and responsibilities under South African law,
including the Companies Act. Directors must work in the company's best interests, prevent
conflicts of interest, and demonstrate care, expertise, and diligence.

While directors are normally exempt from personal accountability, there are several
exceptions. A director may be held personally accountable if they act recklessly, fraudulently,
or in a manner that violates their fiduciary duty. Furthermore, if a director makes a personal
guarantee for a company's debt, they may be held personally liable for the debt.

If Juror's & Prudence Inc. is insolvent (unable to pay its debts), the firm may be liquidated. In
this instance, creditors would seek to recover debts from the company's assets rather than
Patrick's personal assets, unless one of the exceptions occurs.

Patrick would not be personally accountable for Juror's & Prudence Inc.'s debts simply
because he is its sole director. However, if he engaged in any wrongdoing, such as fraud or
reckless trading, or if he signed personal assurances, he may be held personally
accountable. To make a definitive decision, the precise circumstances and Patrick's
behaviour must be reviewed. max 7

2.6. The case study exposes severe difficulties with the firm's accounting methods, such as
incorrect client funds management and insufficient paperwork and record-keeping. For
example, Baz's practice of taking money and placing them in an envelope in Saloshnie's
desk drawer is unethical and may result in financial misappropriation or loss. Furthermore,
there is evidence of probable money laundering by drug dealers, which constitutes major
ethical and legal violations. Legal practitioners are required by the Legal Practice Act of 2014
to keep accurate accounting records of their trust money transactions. These records must
follow generally accepted accounting principles and be audited annually by a registered
auditor. Trust funds must be put into a trust account at a bank to avoid mixing personal and
trust accounts. Any irregularities should be reported to the appropriate regulatory agency,
such as the Provincial Legal Practice Council.

Legal practitioners must maintain the highest levels of honesty and professionalism.
Mishandling client cash or indulging in money laundering is against these principles and can
undermine the firm's reputation and client relationships. Poor accounting methods can result
in legal liabilities, financial losses, and reputational damage. To resolve these difficulties, the
firm should perform a complete assessment of its current accounting methods, correct any
errors, and guarantee that all client assets are correctly accounted for. Maintaining correct
accounting records and conducting regular internal and external audits are important ways to
ensure compliance with the Legal Practice Act of 2014. Any irregularities or suspicions of
money laundering should be disclosed to the Provincial Legal Practice Council right away,
and the firm must fully participate with any enquiries. In addition, employees should be
trained in proper accounting processes and ethical standards, and stringent monitoring and
control measures should be put in place to prevent future problems. Patrick can reduce risks
and assure the firm's ethical and legal operation by resolving these challenges and
complying to the Legal Practice Act of 2014. max 8
BIBLIOGRAPHY

TABLE OF STATUES

Financial Intelligence Centre Act 38 of 2001

Legal Practice Act 28 of 2014

WEB RESOURCES

Harvard Business Review: Managing Risk in Uncertain Times (2019) found at:
[Link] (accessed 24 June 2024)
Law Council of Australia: Risk Management for Solicitors (2018) found at:
[Link] (accessed 24 June 2024)
Law Society of South Africa: Conducting thorough client due diligence (2019) found at:
[Link]
[Link] 9accessed 24 June 2024)
 XBLAW PART 3A
Dillon Gontse Mashika- ST10089345
Kanego Michael Mokwena- ST10115916
QUESTIONS

Q.3.1. In consideration of whether Patrick should accept such instructions from the client or not it
is key to refer to the relationship between a practitioner and his and or her clients, where before
accepting instructions in any instance, the practitioner should consider a few aspects namely
whether1:

 There is a potential conflict of interest2

 Whether the clients instructions have an element of illegality and or impropriety3
 The practitioner has the required skill to execute the given instruction4

It can thus be seen in this instance that Patrick firstly does not have enough time to execute the
mandate due to his increased workload to the inclusion of him not possessing the necessary skill
and knowledge in respect of the mandate, this then highlights the fact that it would not be suitable
for Patrick to accept and moreover execute the mandate

NB: LETTER ON NEXT PAGE (3,2)

1 Mahomed, SH. Clinical Law in South Africa. 3rd ed (2023), 43.

2 Ibid.
3 Ibid.
4 Ibid.
3.2.

Aletta Prudence Incorporated

18 Calderwood Road

Hyde Park

2196

(t) 011 255 6745

AlettaP@[Link]

Ref: Mr. Rudi011

Mr. Graham Rudi

14 Cedarwood Avenue

Sandton

Johannesburg

2196

(t) 011 344 3456

RudiG@[Link]

17 September 2024
Dear Mr. Rudi

RE: BORE HOLE /MINING GAS FIELD UPDATE

I hope this letter finds you well, i furthermore appreciate your trust in seeking my advice regarding
the discovery of the gas reservoir on your farm in Barberton . I understand the potential
significance of this find and the potential opportunities it could bolster. After careful consideration,
i must advice you that oil and gas law is a specialized field which thus requires specialized
knowledge which i do not posses as i do not feel adequately equipped to navigate the complexities
involved.

My current workload which has increased substantially due to other factors has limited the time
and resources i am able to allocate to this matter, while i see multiple lucrative deals emerging
from this discovery, i find myself hesitant to take instructions which are outside the scope of my
expertise. Furthermore upon our initial consultation, you instructed me to apply for a
Reconnaissance Permit as well as a Environmental Impact Assessment which i have done, i
would therefore request further instructions in consideration of the predicament highlighted above
and a further consideration of whether you would require the firm to continue with such an
endeavor irrespective of the factors outline above.

Yours Faithfully

Patrick Combs

Q.3.3

Q.3.3.1

Total damages = R750 000

Defendants fault = 80%

Amount recoverable = total damage x Defendants fault

Amount recoverable = R750 000 x 0.8

Amount recoverable = R600 000

It can thus be seen that the client may recover R600 000 from the defendant

Q.3.3.2 It can be seen that under section 131 of the Magistrates Courts Act 32 of 1944 and Rule
42 of the Uniform Rules of Court, judgement creditors may enforce judgements through multiple
ways therefore i would moreover reject the offer and moreover proceed with the execution of the
judgement. Although this is not the only option, another route that may be taken in this respect is
to apply for interest on the judgment debt in terms of the Prescribed Rate of Interest Act 55 of
1975 , therefore the actions i would take consist of the following:

1. A consideration of the financial situation and credibility of the defendant

2. Evaluate any potential interest that could accumulate over the 12 month period

3. Identify any potential risk of defaulting on payments.

Q.3.3.3 NB: STATEMENT OF ACCOUNT ON NEXT PAGE

 STATEMENT OF ACCOUNT

Client Name: Rudi Graham

Account Number: 55666789

Invoice Date: 12 September 2024

Invoice Number: 134

Description Hours/Units Rate Amount (R)

Consultation Fees 2.5 R1, 000/h R2,500
Court Attendance 4.5 R1, 000/h R4,500
Fee
Travelling Costs 10 km R3/km R30
Subtotal R7,030
VAT (15%) R1,054.50
Total Fees R8,084.50
Amount Due (minus R5,084.50
R3000 deposit)

Calculations explained:

1. Consultation Fees

Consultation 1: 1h 15m= 1.25h (R1000/h)

= R1,250

Consultation 2: 1h 15m = 1.25h (R1000/h)

=R1,250.

Total consultation fee= R1,250 + R1,250 = R2,500

2. Court Attendance Fee:

4.5h (R1000/h)= R4,500
 3. Travelling Costs

10km (R3.00/km)= R30

4. Subtotal

R2,500 + R4,500 + R30 = R7, 030

5. VAT inclusive (15%)

R7,030 x 0.15 = R 1,054.50

5. Total fees

R7, 030 + R1,054.50= R8,084.50

- R3, 000 (Deposit)

Amount due: R5,084.50

Q.3.4 It can be seen that the methodology that Ms. Prudence is making use of in this instance
can be seen as being inadequate due to the fact that it has multiple limitations in respect of its
usage, moreover highlighting that a more suitable alternative would be the usage of a prescription
alert service, it can thus be seen that a prescription alert service refers to a digital tool that may
be used as a measure of tracking upcoming prescription dates to the inclusion of notifying the
practitioner in question as to the upcoming date, which moreover ensures timely action in regard
to matters, it can moreover be seen that the usage of such system can benefit a practice in terms
of5:

 Risk management- as a measure of minimizing the risk of missing a prescription date and
moreover reducing liability
 Efficiency- tracking is automated, thus leaving the legal practitioner with more time to deal
with other matters
 Accuracy- such a system is less likely to make errors in tracking and ensures precision
 Compliance- such systems ensure compliance with the relevant legislation

5
DeRebus: Prescription Alert System (2019) found at: [Link]
external-
stakeholders/#:~:text=The%20Prescription%20Alert%20system%20is%20a%20back%2Dup%20diary%20system,sources%20of%2
0professional%20indemnity%20claims. [accessed 13 September 2024]
It can further be seen that in South Africa, the prescription alert services which are made use of
are the6

1. Lexis Nexis Prescription Alert Service

2. The South African Law Society’s Prescription Service

This then highlights the availability of such services within the Republic and moreover highlights
its benefits in practice.

6 Ibid.
IN THE LOCAL MAGISTRATE DISTRICT COURT OF GAUTENG
HELD AT PRETORIA

BILL OF COSTS

Case Number: 2463/24

In the matter between

DIANE HEWSON
Plaintiff

and

Bojack Johnson
Defendant

To:
The Taxing Master
In the above matter, the following is a bill costs for services rendered by the legal practitioner
on behalf of the Defendant in terms of the counterclaim granted in favour of the Defendant
by the local Magistrate Court. The calculations of the services are in accordance with Class
C of the Rules Board for Courts of Law Act, as the granted amount being R150 000, exceeds
R50 000, but is below the R200 000 amount set by the Minister in respect of magistrates'
courts for districts.

Dat The Details Pages or Fees Disburseme

e minutes nt

6 First consultation 120 minutes R246 per quarter of an

Jun with the client hour:
e where instructions
202 were taken from 120÷15= 8
2 the client
 Thus, the fee was: R246 x
8= R1968.00

7 Drafted the Notice One Page For Drafting the Notice of R300. 00 for
Jun of Intention To defend: R69 Sherriff fees
e Intention to
202 Defend, which Served and filed the
2 was served and Notice of Intention to
filed at the Court. defend at the Court: R300
for Sherriff services.
R24.50 per page for
drafting which includes
the filling fee.

Thus, the total fee

charged was: R69
+R24.50 + R300 =
R393,50.

8 Consultation with 60 minutes R246 per quarter of an

Jun the client to hour:
e discuss a Plea 60÷15= 4
202 Thus, the fee was: R246 x
2 4= R984.00

9 Upon instruction 1. Plea- Four 1. Plea=R551.00

Jun of the client pages 2. Claim in
e drafted the 2. Countercla reconvention=R55
following Plea im/ Claim 1.00
Documents: in
1. Plea reconventi Tootal fee was: R551 x 2=
2. Countercla on- Two R1102.
im/ Claim pages
in
reconventi
on
10 Served and filed Counterclaim: Sherriff Fees: R300 x 2 R600 for
Jun the plea and the Four pages =R600 this being for both Sherriff
e counterclaim Plea: Four pages separate registered services
202 documents.
2
Filling for the
Counterclaim: R24.50 per
page x 2: R49

Filling for the Plea:

R24.50 per page x 4: R98

Thus, the total fee was:

R600 + R49 +R98= R747
13 Telephoned a 15 minutes R40
Jun potential witness
e (Sammy
Seahouse) to
202 confirm
2 consultation on
the 14th of June
2022
14 Consultation with 60 minutes R246 per quarter of an
Jun witness (Sammy hour:
e Seahouse) to 60÷15= 4
202 record the witness Thus, the fee was: R246 x
2 statement 4= R984.00

15 Received and One page R1095.00

Jun perused the
e plaintiff’s notice of
202 discovery
2
17 1. Perused 1. Plaintiff’s 1. For the perusal of
Jun the discovery the Plaintiff’s
e plaintiff’s affidavit- affidavit of
202 affidavit of Four discovery: R1095
2 discovery. pages. 2. Drafting of the
2. Drafted 2. Drafted discovery notice:
discovery discovery 24.50 per page
notice notice- and since two
Two pages were
pages. drafted, the fee
was: R24.50 x 2=
R49.00

Total fee charged: R1095

+ R49= R1144
20 Made two sets of Four pages For making copies: R1.70 R300 for
Jun copies of per page and since it was Sherriff fees.
e discovery notice. Four pages, the fee was:
202 Served one copy R1.70 x 4=R6.80 R6.80 for
2 of the discovery to making
the plaintiff’s For serving the notice of copies.
attorney and filed discovery to the plaintiff’s
the other copy to client through the Sherriff, R49 for filing
the Court the fee was: R300. at the Court.

For filing the notice of Total:

discovery with the Court, R355.80
the fee was: R24.50 per
page and since it was for
only two pages, the fee
was R24.50 x 2=R49.00

Therefore, the total fee

was: R6.80 + R300 +
R49.00 = R355,80

22 Sent a letter to the Two pages Drafting of each page was

Jun client via email R24.50 and since Two
e providing update pages were drafted, the
 202 on the matter and Fee was: R24.50 x 2
2 requesting further =R49.00
consultation
The reason for this is
because there are no
additional charges for
sending via email, as the
drafting fee covers the
preparation and
transmission of the letter.
24 Consulted with the 75 minutes R246 per quarter of an
Jun client hour:
e 75÷15= 5
202 Thus, the fee was: R246 x
2 5= R1230.00

27 Perused the 15 pages R1095

june Plaintiff’s request
for further
particulars to
prepare for trail
28 Indexed and Two hours R161.00 per quarter of an
Jun paginated court hour:
e files 120÷15= 8
202 Thus, the fee was:
2 R161.00 x 8= R1288.00

30 Prepared for Trail R1788.00

Jun
e
202
2
5 Attended court for Three hours and Since the rate for the legal
July the purpose of the 30 minutes practitioner for the time
202 trail spent during attendance
2 of the court is R182 per
quarter of an hour, and
the time spent is 210
minutes. The fee was as
follows:

210 ÷15= 14
Brining the fee to be,
R182 x 14= R2548.

Total Fee for Services Rendered: R15 523.30.

REFERENCE LIST
TABLE OF STATUES
Magistrates Court Act 32 of 1944
Prescribed Rate of Interest Act 55 of 1975
BOOKS
Mahomed, SH. Clinical Law in South Africa. 3rd ed (2023)
WEB RESOURCES
DeRebus: Prescription Alert System (2019) found at:
[Link]
stakeholders/#:~:text=The%20Prescription%20Alert%20system%20is%20a%20back%2Dup
%20diary%20system,sources%20of%20professional%20indemnity%20claims. [accessed
13 September 2024]
XBLAW TASK 3B
ST10089345
knowledge=30
research=16
structure=12

reference your work

less 10% for not referencing

*Overview of the Firm*

Mashika Attorneys is a dynamic and innovative law firm based

in South Africa, committed to delivering exceptional legal
services to individuals, businesses, and organizations.

*Vision of the Firm*

To be a leading law firm in South Africa, recognized for our

expertise, professionalism, and commitment to excellence.

*Mission of the Firm*

Short-term goals (2024-2026):

- Establish a strong presence in the South African legal market

- Build a team of skilled and dedicated attorneys

- Develop a diverse client base

Long-term goals (2027-2030):

- Expand our services to neighboring countries

- Develop specialized practice areas

- Achieve a reputation for excellence in legal services

*Management of the Firm*

- Founding Partner: Dillon Mashika, LLB, LLM

- Senior Partner: Themba Zwane, LLB, LLM

- Junior Partner: Peter Shalulile, LLB

*Services*
- Litigation and Dispute Resolution

- Corporate and Commercial Law

- Property Law

- Family Law

- Criminal Law

*Market Analysis (SWOT Analysis)*

Strengths:

- Experienced and skilled attorneys

- Strong network of professional contacts

- State-of-the-art technology and infrastructure

Weaknesses:

- Limited brand recognition

- Dependence on key personnel

- Limited financial resources

Opportunities:

- Growing demand for legal services in South Africa

- Expansion into neighboring countries

- Development of specialized practice areas

Threats:

- Competition from established law firms

- Economic uncertainty
- Regulatory changes

Financial Projection

- Revenue (2024): R2 million

- Revenue (2025): R3 million

- Revenue (2026): R5 million

- Net Profit (2024): R500,000

- Net Profit (2025): R750,000

- Net Profit (2026): R1.5 million

Conclusion

Mashika Attorneys is poised to become a leading law firm in

South Africa, with a strong vision, mission, and management
team in place. Our services will cater to a diverse client base,
and our financial projections indicate steady growth and
profitability. We are confident that our firm will achieve
excellence in legal services and make a meaningful contribution
to the South African legal landscape.
Bibliography

Dreyer, C. How to write a business proposal for a law firm found at:
[Link] accessed 1 September 2024