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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
||
Legal Practice Act, No. 28 of 2014
NOTE: Assented to and published in English, with alternative copy in Xhosa
NOTE: Assented to and published in English, with alternative copy in Xhosa
Long title
To provide a legislative framework for the transformation and restructuring of the legal profession in line with constitutional imperatives so as to facilitate and enhance an independent legal profession that broadly reflects the diversity and demographics of the Republic; to provide for the establishment, powers and functions of a single South African Legal Practice Council and Provincial Councils in order to regulate the affairs of legal practitioners and to set norms and standards; to provide for the admission and enrolment of legal practitioners; to regulate the professional conduct of legal practitioners so as to ensure accountable conduct; to provide for the establishment of an Office of a Legal Services Ombud and for the appointment, powers and functions of a Legal Services Ombud; to provide for a Legal Practitioners’ Fidelity Fund and a Board of Control for the Fidelity Fund; to provide for the establishment, powers and functions of a National Forum on the Legal Profession; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| TABLE OF CONTENTS | |
| CHAPTER 1. DEFINITIONS, APPLICATION AND PURPOSE OF ACT | |
| 1. | Definitions |
| 2. | Application
of Act |
| 3. | Purpose
of Act |
| CHAPTER 2. SOUTH AFRICAN
LEGAL PRACTICE COUNCIL |
|
| Part 1. Establishment, powers and functions of South African Legal Practice Council | |
| 4. | Establishment
of Council |
| 5. | Objects
of Council |
| 6. | Powers
and functions of Council |
| 7. | Composition
of Council |
| 8. | Membership
of Council |
| 9. | Chairperson and deputy chairperson of Council |
| 10. | Term
of office of members of Council |
| 11. | Termination
of office |
| 12. | Removal
from office |
| 13. | Vacancies
in Council and filling thereof |
| 14. | Dissolution
of Council |
| Part 2. Operation of Council | |
| 15. | Meetings
of Council |
| 16. | Quorum
and procedure at meetings of Council |
| 17. | Decisions
of Council |
| 18. | Committees
of Council |
| 19. | Executive
officer and employees of Council |
| 20. | Executive committee of Council |
| 21. | Delegation
of powers and assignment of functions of Council |
| 22. | Finances,
expenditure and accountability of Council |
| 23. | Establishment
of Provincial Councils |
| CHAPTER 3. REGULATION OF LEGAL PRACTITIONERS AND CANDIDATE LEGAL PRACTITIONERS | |
| 24. | Admission
and enrolment |
| 25. | Right
of appearance of legal practitioners and candidate legal practitioners |
| 26. | Minimum qualifications and practical vocational training |
| 27. | Practical
vocational training |
| 28. | Assessment
of practical vocational training |
| 29. | Community
service |
| 30. | Enrolment
with Council |
| 31. | Cancellation
and suspension of enrolment |
| 32. | Conversion
of enrolment |
| 33. | Authority to render legal services |
| 34. | Forms
of legal practice |
| 35. | Fees
in respect legal services |
| CHAPTER 4. PROFESSIONAL CONDUCT AND ESTABLISHMENT OF DISCIPLINARY BODIES | |
| 36. | Code
of conduct |
| 37. | Establishment of disciplinary bodies |
| 38. | Procedure
for dealing with complaints of misconduct and procedure to be followed
in disciplinary hearing |
| 39. | Disciplinary
hearing |
| 40. | Proceedings
after disciplinary hearing and sanctions |
| 41. | Appeal
against conduct or finding of disciplinary committee |
| 42. | Monitoring
by Legal Services Ombud |
| 43. | Urgent
legal proceedings |
| 44. | Powers
of High Court |
| CHAPTER 5. LEGAL SERVICES OMBUD | |
| 45. | Establishment of Office of Legal Services Ombud |
| 46. | Objects of
Ombud |
| 47. | Appointment
and independence of Legal Services Ombud |
| 48. | Powers and
functions of Ombud |
| 49. | Term of office of Ombud |
| 50. | Acting Ombud
and filling of vacancies |
| 51. | Staff,
finances and accountability of Office of Ombud |
| 52. | Annual report |
| CHAPTER 6. LEGAL
PRACTITIONERS’ FIDELITY FUND |
|
| Part 1. Establishment of Fund and founding provisions | |
| 53. | Continued
existence of Attorneys Fidelity Fund |
| 54. | Revenue of Fund |
| 55. | Liability of
Fund |
| 56. | Limitation of liability of Fund |
| 57. | Purpose and
application of Fund |
| 58. | Legal
Practitioners’ Fidelity Fund Account |
| 59. | Financial year
of Fund |
| 60. | Fund exempt
from certain tax and insurance laws |
| Part 2. Operation of Fund | |
| 61. | Establishment of Board |
| 62. | Composition of
Board |
| 63. | Powers and
functions of Board |
| 64. | Membership of
Board |
| 65. | Chairperson
and deputy chairperson of Board |
| 66. | Vacancies in
Board and filling thereof |
| 67. | Term of office
of members of Board |
| 68. | Termination of
office |
| 69. | Removal from office |
| 70. | Meetings and
resolutions of Board |
| 71. | Committees of
Board |
| 72. | Certificate in
respect of liabilities of Fund and investment of money in Fund |
| 73. | Annual review
by actuary |
| 74. | Contributions to Fund by legal practitioners |
| 75. | Audit |
| 76. | Re-insurance |
| 77. | Provision of
insurance cover and suretyships |
| Part 3. Claims against Fund | |
| 78. | Procedure for
instituting claims against Fund |
| 79. | Actions
against Fund |
| 80. | Subrogation |
| 81. | Claims against
future revenue of Fund |
| 82. | Indemnification
in respect of certain acts |
| 83. | Preservation
and disposal of records and documents in possession of Board |
| CHAPTER 7. HANDLING OF TRUST MONIES | |
| 84. | Obligations of
legal practitioner relating to handling of trust monies |
| 85. | Application
for and issue of Fidelity Fund certificates |
| 86. | Trust accounts |
| 87. | Accounting |
| 88. | Trust money
and trust property of trust account practice |
| 89. | Court may
prohibit operation of trust account |
| 90. | Appointment of
curator bonis in respect of trust account |
| 91. | Rights of
banks in respect of trust accounts |
| CHAPTER 8. GENERAL PROVISIONS | |
| 92. | Recovery of
costs by legal practitioners rendering free legal services |
| 93. | Offences and
penalties |
| CHAPTER 9. REGULATIONS AND RULES | |
| 94. | Regulations |
| 95. | Rules [LINK] |
| CHAPTER 10. NATIONAL FORUM
AND TRANSITIONAL PROVISIONS |
|
| Part 1. | |
| 96. | National Forum
on Legal Profession |
| 97. | Terms of
reference of National Forum |
| 98. | Powers and
functions of National Forum |
| 99. | Membership of
National Forum |
| 100. | Chairperson
and deputy chairperson National Forum |
| 101. | Term
of office |
| 102. | Termination of office |
| 103. | Removal
from office |
| 104. | Vacancies
in National Forum and filling thereof |
| 105. | Meetings
of National Forum |
| 106. | Quorum
and procedure at meetings of National Forum |
| 107. | Decisions of National Forum |
| 108. | Finances,
expenditure and accountability of National Forum |
| Part 2. | |
| 109. | RulesLINK SEE s95 and regulations |
| Part 3. | |
| 110. | Abolition of Fidelity Funds of former TBVC States and transfer of
assets, rights, liabilities
and obligations to Legal Practitioners’ Fidelity Fund |
| 111. | Transitional
provisions in relation to existing Attorneys Fidelity Fund Board of
Control |
| 112. | Transitional
provisions in relation to qualifications |
| 113. | Transitional
provisions relating to Fidelity Fund certificates |
| 114. | Existing advocates, attorneys, conveyancers and notaries |
| 115. | Persons
entitled to be admitted and enrolled as advocates, attorneys,
conveyancers or notaries |
| 116. | Pending
proceedings |
| 117. | Transitional
provisions relating to existing law societies |
| 118. | Interpretation
of certain references in laws |
| Part 4. | |
| 119. | Repeal
and amendment of laws, and savings |
| 120. | Short
title and commencement |
| Sch. | SCHEDULE (LAWS REPEALED OR AMENDED BY SECTION 119) [s119] |
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