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 DOCREF: 2017_016_000_20180118_41389_0631_0033_0000
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South Africa
NATIONAL LEGISLATION TEXTS
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Legal Practice Amendment Act, No. 16 of 2017

Version : As unamended wef 2018/01/18 [ito GG20180118_41389]
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EXPLANATION OF MARKS:

[Bold text in square brackets] is text marked by this Act for deletion from existing enactments
[Underlined text in square brackets] is text marked by this Act for insertion into existing enactments
[Non-bold grey text in square brackets] is text containing LegalB’s references or comments
Grey text outside of square brackets is text that has to be verified
Two asterisks thus ** indicates text must only be read in the light of our commentary on this legislation

ACT

Long title

To amend the Legal Practice Act, 2014, so as to further regulate the establishment of the South African Legal Practice Council; to further regulate the prescription of the areas of jurisdiction of the Provincial Councils; to provide that only practising legal practitioners may perform certain acts or render certain services; to further regulate the composition of the Board; to further regulate the duties of banks in respect of trust accounts; to further regulate the duration of the National Forum on the Legal Profession; to further provide for the functions of the National Forum on the Legal Profession; to further provide for the dissolution date of the law societies; to further provide for the commencement of Chapter 2; and to provide for matters connected therewith.
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[Act 2017_016_000_20180118 Long title unamended wef 2018/01/18 ito GG20180118_41389]

1. Substitution of section 4 of Act 28 of 2014

The following section is hereby substituted for section 4 of the Legal Practice Act, 2014 (hereinafter referred to as the principal Act):

"Establishment of Council

4. The South African Legal Practice Council is hereby established as a body corporate with full legal capacity, and exercises jurisdiction over all legal practitioners and candidate legal practitioners as contemplated in this Act [ when section 120(4) comes into operation ] .".
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[Act 2017_016_001_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

2. Amendment of section 6 of Act 28 of 2014

Section 6 of the principal Act is hereby amended-

(a) by the deletion in subsection (1)(a) of the word "and" at the end of subparagraph (xiii);

(b) by the substitution in subsection (1)(a) for the full stop at the end of subparagraph (xiv) of the expression; "and"; and

(c) by the addition in subsection (1)(a) of the following subparagraph:

[ (xv) establish, promote, administer, assist in the establishment, the promotion, or the administration of-

(aa) insurance schemes;

(bb) medical aid schemes or medical benefit schemes;

(cc) pension funds, provident funds, pension schemes or benevolent schemes,

for legal practitioners, former legal practitioners, for the employees of such legal practitioners, for the officials and employees of the Council and for the dependents of-

(A) legal practitioners;

(B) former legal practitioners;

(C) employees of legal practitioners; and

(D) officials and employees of the Council ] ;".
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[Act 2017_016_002_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

3. Amendment of section 23 of Act 28 of 2014

Section 23 of the principal Act is hereby amended-

(a) by the substitution of subsection (1) of the following subsection:

"(1) The Council must [ , subject to subsection (2) and progressively, ] establish [ a ] Provincial [ Council in every province of the Republic ] [ Councils the areas of jurisdiction of which must correspond with the areas under the jurisdiction of the Divisions of the High Court of South Africa as determined by the Minister, from time to time, in terms of section 6(3) of the Superior Courts Act, 2013 (Act No. 10 of 2013), ]  and may delegate to the Provincial Councils such powers and functions which, in the interests of the legal profession are better performed at provincial level."; and

(b) by the deletion of subsection (2).
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[Act 2017_016_003_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

4. Amendment of section 33 of Act 28 of 2014

Section 33 of the principal Act is hereby amended-

(a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

"Subject to any other law, no person other than a [ practising ] legal practitioner who has been admitted and enrolled as such in terms of this Act may, in expectation of any fee, commission, gain or reward-"; and

(b) by the substitution for subsection (3) of the following subsection:

"(3) No person may, in expectation of any fee, commission, gain or reward, directly or indirectly, perform any act or render any service which in terms of any other law may only be done by an advocate, attorney, conveyancer or notary, unless that person is [ an ] [ a practising ] advocate, attorney, conveyancer or notary, as the case may be.".
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[Act 2017_016_004_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

5. Amendment of section 62 of Act 28 of 2014

Section 62 of the principal Act is hereby amended by the addition of the following subsection:

" [ (3) The members of the board of control of the Attorneys Fidelity Fund who hold office as members of that board at the date of commencement of Chapter 2, shall remain in office in that capacity as members of the Board for a period of six months after that date or until the members referred to in subsection (1) have been elected, whichever occurs later. ] ".
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[Act 2017_016_005_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

6. Amendment of section 91 of Act 28 of 2014

Section 91 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) Any bank at which a trust account practice keeps its trust account or any separate account forming part of its trust account, must, if so directed by the Council or the Board, furnish the Council or the Board with a signed [ statement ] [ transaction history ] of that account for the period determined by the Council [ or the Board, as the case may be ] .".
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[Act 2017_016_006_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

7. Amendment of section 94 of Act 28 of 2014

Section 94 of the principal Act is hereby amended by the deletion in subsection (1) of paragraph (e).
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[Act 2017_016_007_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

8. Amendment of section 96 of Act 28 of 2014

Section 96 of the principal Act is hereby amended -

(a) by the substitution for subsection (4) of the following subsection:

"(4) The [ duration of the ] National Forum [ is for a period not exceeding three years and it ] ceases to exist on the date of [ the meeting with the Council as envisaged in section 105(3), which date may not be later than 31 October 2018 ] [ commencement of Chapter 2 ] ."; and

(b) by the deletion of subsection (5).
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[Act 2017_016_008_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

9. Amendment of section 97 of Act 28 of 2014

Section 97 of the principal Act is hereby amended-

(a) by the substitution in subsection (1)(a) for subparagraph (ii) of the following subparagraph:

"(ii) the establishment of the Provincial Councils [ and their areas of jurisdiction, taking into account the factors referred to in section 23(2)(a) ] ;";

(b) by the deletion in subsection (1)(a) of subparagraph (iv);

(c) by the substitution in subsection (1)(a) for subparagraph (v) of the following subparagraph:

"(v) all the practical vocational training requirements that candidate attorneys or pupils must comply with before they can be admitted by the court as [ a ] legal practitioners;";

(d) by the substitution in subsection (1) for paragraph (c) of the following paragraph:

"(c) make rules, as provided for in section 109(2) [ and (3) ] .";

(e) by the substitution in subsection (2) for paragraph (a) of the following paragraph:

"(2)

(a) The National Forum must, within 24 months of the commencement of this Chapter, negotiate with, and reach an agreement with, the law societies referred to in section 56 of the Attorneys Act [ and any other similar statutory bodies still regulating the legal profession established in the former homelands ] , in respect of the transfer of their assets, rights, liabilities, obligations and staff, to the Council or Provincial Councils [ as well as a date on which the law societies shall be dissolved and such transfer effected: Provided that such date may not be later than six months after the date of commencement of Chapter 2 ] .";

and

(f) by the addition of the following subsection:

" [ (6) The National Forum must, at least six months before the date of commencement of Chapter 2, make recommendations to the Minister for purposes of making the regulations contemplated in section 94. ] ".
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[Act 2017_016_009_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

10. Amendment of section 109 of Act 28 of 2014

Section 109 of the principal Act is hereby amended-

(a) by the insertion in subsection (1) after paragraph (b) of the following paragraph:

" [ (bA) The Minister must, after receiving recommendations from the National Forum as contemplated in section 97(6), and in consultation with the National Forum, make the regulations contemplated in section 94 by publication in the Gazette, before the date of commencement of Chapter 2. ] "; and

(b) by the addition of the following subsection:

" [ (3) The National Forum must, before the date of commencement of Chapter 2, make rules as contemplated in section 95(1) and (3) by publication in the Gazette and the provisions of subsection (2)(b), (c) and (d) apply with the changes required by the context. ] ".
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[Act 2017_016_010_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

11. Amendment of section 114 of Act 28 of 2014

Section 114 of the principal Act is hereby amended by the addition of the following subsection:

" [ (5) Every attorney who, on the date referred to in section 120(4), has the right of appearance in the High Court of South Africa, the Supreme Court of Appeal or the Constitutional Court in terms of any law, retains that right after the commencement of this Act. ] ".
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[Act 2017_016_011_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

12. Substitution of section 117 of Act 28 of 2014

The following section is hereby substituted for section 117 of the principal Act:

"Transitional provisions relating to existing law societies

117. The existing law societies must continue to perform their powers and functions until the [ commencement of Chapter 2 ] [ date of transfer contemplated in section 97(2)(a) ] .".
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[Act 2017_016_012_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

13. Amendment of section 120 of Act 28 of 2014

Section 120 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) Chapter 2 comes into operation [ three years after the date of commencement of Chapter 10 or ] on any [ earlier ] date fixed by the President by proclamation in the Gazette.".
______________________
[Act 2017_016_013_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

14. Short title

This Act is called the Legal Practice Amendment Act, 2017.

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[Act 2017_016_014_20180118 unamended wef 2018/01/18 ito GG20180118_41389]

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Copyright Rita V. Felgate 2019