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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Attorneys Act, No. 53 of 1979

Long title

To consolidate the laws relating to the admission and practice of attorneys, notaries and conveyancers; the Fidelity Guarantee Fund for Attorneys, Notaries and Conveyancers; and law societies established in respect of the profession of attorney, notary or conveyancer; and to provide for matters connected therewith

[... repealed by Act 2014_028_000_2014092]
**
Table of contents

SECTION TITLE

CHAPTER I. PRACTITIONERS: QUALIFICATIONS, ADMISSION AND REMOVAL FROM ROLL
1. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Definitions"] 
2. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Duration of service under articles"] 
2A. ... [... inserted by Act 1993_115_003_19930720]   [... repealed by Act 2014_028_000_20140922 - was entitled "Exemption from service under articles of clerkship"] 
3. ... [... Title amended by Act 1989_087_002_19890614 - was entitled "By whom articled clerks may be engaged"]  [... repealed by Act 2014_028_000_20140922 - was entitled "By whom candidate attorneys may be engaged"]
4. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Information to be submitted to society before articles are entered into"] 
4A.. ... [... repealed by Act 2014_028_000_20140922 - was entitled "information which shall be submitted to a society before performance of community"]  service[... inserted by Act 1993_115_004_19930720]  
5. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Lodging, examination and registration of articles"] 
6. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Supervision over articled clerk"] 
7. ... [... Title amended by Act 1989_087_005_19890614 - was entitled "Absence of articled clerk"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Absence of candidate attorney"] 
8. ... [... Title amended by Act 1989_087_006_19890614 - was entitled "Appearance of articled clerk in court and before other institutions"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Appearance of candidate attorney in court and before other institutions"]
9. ... [... Title amended by Act 1989_087_007_19890614 - was entitled "Restriction of the pecuniary interests of articled clerks"]  [... Title amended by Act 1993_115_009_19930720 - was entitled "Restriction of the pecuniary interests of articled clerks"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Restriction of [ the ] pecuniary interests of candidate attorneys"] 
10. ... [... Title amended by Act 1996_104_011_19961127 - was entitled "Cession of articles"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Cession of articles"]
11. ... [... Title substituted by Act 1993_115_010_19930720 - was entitled "Termination of articles"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Termination of articles or contract of service"] 
12. ... [... Title substituted by Act 1990_013_001_19900321 - was entitled ""Articles not to be entered into by advocate]  [... Title amended by Act 1993_115_010_19930720 - was entitled "Articles not to be entered into by advocate"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Registration of articles or contract of service entered into by advocate"] 
13. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Exemption from service under articles and certain examinations, and powers of court i respect of irregular service and certain other service"] 
13A. ... [... inserted by Act 1980_076_003_19800618]  [... repealed by Act 2014_028_000_20140922 - was entitled "Certain attorneys must comply with certain conditions before being entitled to practise on their own account"] 
13B. ... [... inserted by Act 2003_055_008_20040331]  [... repealed by Act 2014_028_000_20140922 - was entitled "Certain attorneys to complete training in legal practice management"] 
14. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Practical examinations"] 
15. ... [... Title substituted by Act 1984_108_007_19840815 - was entitled "Admission of attorneys"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Admission and readmission of attorneys"] 
16. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Duty of applicant for admission or readmission and enrolment as attorney to society"] 
17. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Admission of attorneys practising in certain countries or territories"] 
18. ... [... Title substituted by Act 1984_108_008_19840815 - was entitled "Admission of notaries and conveyancers"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Admission and readmission of notaries and conveyancers"]
19. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Applications for admission or readmission as practitioner to be submitted to secretary of society"] 
20. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Enrolment of practitioner admitted and enrolled by other court"] 
21. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Rolls of attorneys, of notaries and of conveyancers"] 
22. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Removal of attorneys from roll"] 
23. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Juristic person may conduct a practice"] 
24. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Applications in terms of this Chapter to be delivered to secretary of society concerned"] 
CHAPTER II. FIDELITY FUND  [... Title amended by Act 1989_087_013_19890614 - was entitled "CHAPTER II, FIDELITY GUARANTEE FUND"]
25. ... [... Title amended by Act 1989_087_014_19890614 - was entitled "Continued existence of Fidelity Guarantee Fund"]   [... repealed by Act 2014_028_000_20140922 - was entitled "Continued existence of Fidelity Fund"]
26. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Purpose of fund"] 
27. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Fund to vest in and to be held in trust by board of control"] 
28. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Constitution of board of control"] 
29. [... repealed by Act 2014_028_000_20140922 - was entitled "Period of office of members of board of control"] 
30. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Vacation of office by members of board of control"] 
31. ... [... Title amended by Act 2013_042_017(a)_20140122 - was entitled "Chairman and vice-chairman of board of control"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Chairperson and vice-chairperson of board of control"] 
32. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Meetings of board of control"] 
33. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Quorum"] 
34. ... [... Title amended by Act 2013_042_017(a)_20140122 - was entitled "Decisions and chairperson's casting vote]  [... repealed by Act 2014_028_000_20140922 - was entitled "Decisions and chairperson's casting vote"] 
34A.... [... Title inserted by Act 1989_087_018_19890614]  [... repealed by Act 2014_028_000_20140922 - was entitled "Committees of board of control"] 
35. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Validity of resolution signed by all members of board of control"] 
36. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Revenue of fund"] 
37. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Banking account"] 
38. ... [... Title amended by Act 1985_080_002_19850628 - was entitled "Investment of moneys of fund"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Certificate in respect of liabilities of fund and investment of money in fund"]
39. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Audit"] 
40. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Insurance contracts for purpose of indemnifying fund"] 
40A.... [... inserted by Act 1991_102_004_19910703]  [... repealed by Act 2014_028_000_20140922 - was entitled "Acquisition, forming and administration of insurance company or scheme"] 
40B.... [... inserted by Act 2002_055_014_20030117]  [... repealed by Act 2014_028_000_20140922 - was entitled "Insurance contracts for purpose of professional indemnity to practitioners"] 
41. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Possession of fidelity fund certificates by practitioners practising on own account or in partnership"] 
42. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Application for and issue of fidelity fund certificate"] 
43. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Contributions to fund by practitioners"] 
44. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Board of control may refund contributions in certain cases\"] 
45. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Payment from fund"] 
46. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Board of control may make grants from fund for education or research in law and for enhancement of the professional standards of practitioners"] 
46A.   [... inserted by Act 2013_042_015_20140122]   [... repealed by Act 2014_028_000_20140922 - was entitled "Board of control may institute private prosecution"] 
47. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Limitation of liability of fund"] 
47A.... [... inserted by Act 1998_115_002_19981202]   [... repealed by Act 2014_028_000_20140922 - was entitled "Transitional provisions relating to liability of fund for investments"]
48. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Claims against fund: notice, proof and extension of period for claims"] 
49. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Actions against fund"] 
50. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Subrogation"] 
51. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Claims may be charged against future revenue of fund"] 
52. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Exemption of fund from certain provisions of certain laws"] 
53. ... [... repealed by Act 2014_028_000_20140922 - was entitled "indemnification in respect of certain acts in good faith"] 
54. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Preservation and disposal of records and documents in possession of board of control"] 
55. ... [... Title amended by Act 1998_115_003_19981202 - was entitled "Application of this Chapter in respect of certain persons exercising legal professions in Transkei"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Application of Chapter in respect of persons exercising legal professions in area of former Republic of Transkei, Bophuthatswana, Venda or Ciskei"]  [... repealed by Act 2014_040_020_20141209 - was entitled "_"]**
CHAPTER III. LAW SOCIETIES
56. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Continued existence of law societies"]  [... amended by Act 2014_040_021_20141209 - entitled Continued existence of certain law societies"] ]
57. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Membership of society"] 
58. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Objects of society"] 
59. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Powers of society"] 
60. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Council to manage and control affairs of society"] 
61. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Constitution of council and election and period of office of members"] 
62. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Vacation of office, suspension from office and filling of vacancies"] 
63. ... [... repealed by Act 2014_028_000_20140922 - was entitled "President and vice-president or vice-presidents "] 
64. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Meetings of council"] 
65. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Alternative members"] 
66. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Validity of decisions taken by, or acts performed under authority of, council"] 
67. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Committees of council"]
68. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Duties of council"]
69. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Powers of council"]
70. [... repealed by Act 2014_028_000_20140922 - was entitled "Council's power of inspection"]
71. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Enquiry by council into alleged cases of unprofessional or dishonourable or unworthy conduct"]
72. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Council's disciplinary powers"]  
73. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Appeal against finding of council"] 
74. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Council may make rules"] 
75. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Limitation of liability"] 
76. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Society may institute private prosecution"] 
77. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Particular provisions relating to persons exercising legal profession in Transkei."]  [... repealed by Act 2014_040_027_20141209 - was entitled "_"] 
CHAPTER IV. GENERAL
78. ... [... Title amended by Act 1989_087_028_19890614 - was entitled ""Trust account and investment of trust money ]  [... repealed by Act 2014_028_000_20140922 - was entitled "Trust accounts"]
79. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Trust property not to form part of assets of practitioner"] 
79A.... [... inserted by Act 2000_062_018_20001213]  [... repealed by Act 2014_028_000_20140922 - was entitled "Recovery of costs by law clinics"] 
80. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Minister may prescribe fees"] 
81. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Regulations"] 
82. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Rules of court"] 
83. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Offences"] 
84. ... [... Title substituted by Act 1981_116_003_19811113 by way of unmarked omission and unmarked insertion - was entitled " Law society of Cape Province may exercise certain powers in Transkei"]  [... repealed by Act 2014_028_000_20140922 - was entitled "Society of Cape Province may exercise certain powers in respect of certain matters and persons in Transkei and Ciskei"]   [... repealed by Act 2014_040_031_20141209 - was entitled "_"]
84A. ... [...inserted by Act 1998_115_005_10091202]  [... repealed by Act 2014_028_000_20140922 - was entitled "Law Society of Transvaal may exercise certain powers in respect of practitioners practising in areas of former Republics of Bophuthatswana and Venda"]   [... repealed by Act 2014_040_032_20141209 - was entitled "_"]
85. ... [... repealed by Act 1996_049_00119961004 Sch - was entitled "Application of Act to Territory"]
86. ... [... repealed by Act 2014_028_000_20140922 - was entitled "Repeal of laws and savings"] 
86A.[ Application of Act ]  [... inserted by Act  2014-040_034_2014129]** 
87. [... repealed by Act 2014_028_000_20140922 - was entitled "Short title"] ...
Sch. SCHEDULE. LAWS REPEALED [s86]  [... repealed by Act 2014_028_000_20140922 - was entitled "SCHEDULE. LAWS REPEALED"] 
 
Legislation Text Access Point
DATE OF PUBLICATIONVersions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]		 Access Official Gazette PDF  Request Subscription Fee Subscriber Access
1979/06/01As unamended Act 1979_053_000_19790601 EXT.LINK REQ.INFO LINK
1980/06/18As amended by Act 1980_076_000_19800618 .  N/A REQ.INFO LINK
1981/11/13As amended by Act 1981_116_000_19811113 .  N/A REQ.INFO LINK
1982/04/21As amended by Act 1982_060_000_19820421 .  N/A REQ.INFO LINK
1983/05/11As amended by Act 1983_056_000_19830511 .  N/A REQ.INFO LINK
1983/08/26As amended by Act 1983_103_000_19830826 .  N/A REQ.INFO LINK
1984/03/07As amended by Act 1984_108_000_19840307 .  N/A REQ.INFO LINK
1985/06/28As amended by Act 1985_080_000_19850628 .  N/A REQ.INFO LINK
1989/06/14As amended by Act 1989_087_000_19890614 .   N/A REQ.INFO LINK
1990/03/21As amended by Act 1990_013_000_19900321 . N/AREQ.INFOLINK
1991/07/03As amended by Act 1991_102_000_19910703 .  N/A REQ.INFO LINK
1993/07/20As amended by Act 1993_115_000_19930720 .  N/A REQ.INFO LINK
1993/07/20As amended by Act 1989_087_000_19930720
(as amended by 1993_115_021_19930720 . ) 
N/AREQ.INFOLINK
1993/07/20As amended by Act 1993_120_000_19930720 . N/AREQ.INFOLINK
1993/07/23As amended by Act 1993_129_000_19930723 .  N/A REQ.INFO LINK
1994/01/26As amended by Act 1993_204_000_19940126 .  N/A REQ.INFO LINK
1995/07/19As amended by Act 1995_033_000_19950719 .  N/A REQ.INFO LINK
1996/10/04As amended by Act 1996_049_000_19961004 .  N/A REQ.INFO LINK
1996/11/27As amended by Act 1996_104_000_19961127 .  N/A REQ.INFO LINK
1997/12/05As amended by Act 1997_078_000_19971205 .  N/A REQ.INFO LINK
1998/12/02As amended by Act 1998_115_000_19981202 .  N/A REQ.INFO LINK
1998/12/11As amended by Act 1998_122_000_19981211 .  N/A REQ.INFO LINK
2000/12/13As amended by Act 2000_062_000_20001213 .  N/A REQ.INFO LINK
2000/12/01As amended by Act 2002_055_000_20001201 .  N/A REQ.INFO LINK
2004/03/31As amended by Act 2003_055_000_20040331 .  N/A REQ.INFO LINK
2006/01/11As amended by Act 2005_022_000_20060111 . N/AREQ.INFOLINK
2008/11/05As amended by Act 2008_031_000_20081105 .  N/A REQ.INFO LINK
2009/02/17As amended by Act 2008_066_000_20090217 .  N/A REQ.INFO LINK
2014/01/22As amended by Act 2013_042_000_20140122 .  N/A REQ.INFO LINK
2014/05/19As amended by Act 2014_014_000_20140519 .  N/A REQ.INFO LINK
2014/09/22As repealed by Act 2014_028_000_20140922 .  N/A REQ.INFO LINK
2014/12/09
As amended post-repeal by Act 2014_039_000_20141209 . 
 N/A REQ.INFO LINK
2014/12/09
As amended post-repeal by Act 2014_040_000_20141209 . 
 N/A REQ.INFO LINK
2017/08/02
As amended post-repeal by Act 2017_008_000_20170802 . 
 N/A REQ.INFO LINK
As amended by Act ... N/A REQ.INFO LINK

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