Attorneys Amendment Act

Link to law: http://www.gov.za/documents/attorneys-amendment-act-0
Published: 2014-12-09

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Attorneys Amendment Act
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 594 Cape Town 9 December 2014 No. 38316
THE PRESIDENCY No. 1014 9 December 2014
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 40 of 2014: Attorneys Amendment Act, 2014

2 No. 38316 GOVERNMENT GAZETTE, 9 December 2014 Act No. 40 of 2014 Attorneys Amendment Act, 2014
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Attorneys Act, 1979, as an interim measure, pending the enactment of legislation aimed at rationalising the legal profession, so as to address disparities in relation to attorneys and candidate attorneys in the territories comprising the former Republics of Transkei, Bophuthatswana, Venda and Ciskei, and, for that purpose, repeal the laws of the former territories in so far as they are still applicable to attorneys and candidate attorneys in these territories; to further regulate the engagement of candidate attorneys and their right of appearance in courts; to give effect to a Constitutional Court judgment; to further regulate juristic persons conducting a legal practice; to enable actions against theAttorneys Fidelity Fund to be instituted in other courts than the High Court; to change the names of certain law societies; to restructure the areas of jurisdiction of law societies; to amend or delete certain obsolete provisions and expressions; to provide for transitional arrangements; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 1 of Act 53 of 1979, as amended by section 1 of Act 87 of 1989, section 1 of Act 102 of 1991, section 1 of Act 115 of 1993 and section 17 of Act 62 of 2000
1. Section 1 of the Attorneys Act, 1979 (hereafter referred to as the principal Act), is hereby amended—
(a) by the substitution for the definition of ‘‘advocate’’ of the following definition:
‘‘ ‘advocate’means an advocate of the [Supreme Court] High Court of South Africa;’’;
(b) by the substitution for the definition of ‘‘attorney’’ of the following definition: ‘‘ ‘attorney’means any person [duly] admitted to practise as an attorney in any part of the Republic, whether in terms of this Act or any other law listed in the Schedule to the Attorneys Amendment Act, 2014;’’;
(c) by the deletion of the definition of ‘‘building society’’;
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(English text signed by the President) (Assented to 9 December 2014)
4 No. 38316 GOVERNMENT GAZETTE, 9 December 2014 Act No. 40 of 2014 Attorneys Amendment Act, 2014
(d) by the substitution in the definition of ‘‘community service’’ for paragraph (a) of the following paragraph:
‘‘(a) at a law clinic in respect of which the [council] society [of the province] having jurisdiction in the area in which that law clinic is operated, certifies that the law clinic concerned complies with the requirements prescribed by [such] the council of such society for the operation of such clinic; or;’’;
(e) by the substitution for the definition of ‘‘court’’ of the following definition: ‘‘ ‘court’ means any [court of a provincial division] Division of the High Court referred to in section 6(1) of the Superior Courts Act, 2013 (Act No.10 of 2013), or any local seat thereof having jurisdiction;’’;
(f) by the insertion after the definition of ‘‘fund’’ of the following definition: ‘‘ ‘High Court’ means the High Court of South Africa as constituted in terms of section 6(1) of the Superior Courts Act, 2013 (Act No. 10 of 2013);’’;
(g) by the substitution for the definition of ‘‘practitioner’’ of the following definition:
‘‘ ‘practitioner’ means any attorney, notary or conveyancer and includes a juristic person referred to in section 23;’’;
(h) by the substitution for the definition of ‘‘profession’’ of the following definition:
‘‘ ‘profession’ means the profession of attorney, notary or conveyancer and, in relation to a society, means such profession within the [province] area of jurisdiction of that society;’’;
(i) by the substitution for the definition of ‘‘secretary’’ of the following definition:
‘‘ ‘secretary’, in relation to a society, includes an assistant secretary, a director or an assistant director of that society;’’;
(j) by the deletion of the definition of ‘‘Supreme Court’’; (k) by the insertion before the definition of ‘‘trust account’’ of the following
definition: ‘‘ ‘this Act’ includes the regulations made in terms of section 81;’’; and
(l) by the substitution for the definition of ‘‘unprofessional or dishonourable or unworthy’’ of the following definition:
‘‘ ‘unprofessional or dishonourable or unworthy’, in relation to conduct, includes any conduct [prescribed] determined as such.’’.
Amendment of section 2 of Act 53 of 1979, as amended by section 1 of Act 108 of 1984, section 2 of Act 115 of 1993, section 2 of Act 78 of 1997 and section 17 of Act 42 of 2013
2. Section 2 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (d) of the following paragraph:
‘‘(d) three years after he or she has passed [the matriculation examination conducted and controlled by the joint matriculation board referred to in section 15 of the Universities Act, 1955, or an examination certified by that matriculation board]— (i) the grade 12 external assessment referred to in section 17A of the
General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001), of the National Senior Certificate as registered on the National Qualifications Framework contemplated in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and complies with the requirements for an endorsement by the Matriculation Board referred to in section 74 of the Higher Education Act, 1997 (Act No. 101 of 1997); or
(ii) a qualification advised by the South African Qualifications Authority, in terms of section 13(1)(a) and (h) or (m) of the National Qualifications Framework Act, 2008, as a qualification to be equivalent or superior thereto,
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and thereafter has served continuously for a period of at least two years as a clerk to any judge of [the Supreme] the High Court, the Supreme Court of Appeal, or the Constitutional Court [, provided]: Provided that he or she enters into articles of clerkship within a period of one year after he or she has ceased to serve in such manner; or’’.
Amendment of section 3 of Act 53 of 1979, as substituted by section 2 of Act 87 of 1989 and amended by section 2 of Act 102 of 1991, section 18 of Act 66 of 2008 and section 17 of Act 42 of 2013
3. Section 3 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (f) of the following
paragraph: ‘‘(f) in the full-time employment of a law clinic, and if the council [of
the province] of the society having jurisdiction in the area in which that law clinic is operated, certifies that the law clinic concerned complies with the requirements prescribed by the council for the operation of the clinic;’’;
(b) by the deletion in subsection (1)(i)(ii) after the word ‘‘articles’’ of the full-stop and the insertion of the expression ‘‘; and’’; and
(c) by the addition in subsection (1) of the following paragraph: ‘‘(j) if he or she is an attorney who has practised as a professional
assistant in a firm of attorneys or at a professional company for a period of five years within the preceding six years.’’.
Amendment of section 4 of Act 53 of 1979, as amended by section 3 of Act 108 of 1984, section 4 of Act 78 of 1997 and section 17 of Act 42 of 2013
4. Section 4 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words:
‘‘Any person intending to serve any attorney under articles of clerkship shall submit to the secretary of the society [of the province] having jurisdiction in the area in which the service under such articles is to be performed, the following, namely—’’.
Amendment of section 4A of Act 53 of 1979, as inserted by section 4 of Act 115 of 1993, and amended by section 5 of Act 78 of 1997 and section 17 of Act 42 of 2013
5. Section 4Aof the principalAct is hereby amended by the substitution for the words preceding paragraph (a) of the following words:
‘‘A candidate attorney intending to perform community service shall submit to the secretary of the society [of the province] having jurisdiction in the area in which the community service is to be performed, the following, namely—’’.
Amendment of section 5 of Act 53 of 1979, as substituted by section 5 of Act 115 of 1993 and amended by section 17 of Act 42 of 2013
6. Section 5 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1) The original of any articles of clerkship or contract of service shall within two months of the date thereof be lodged by the principal concerned with the secretary of the society [of the province] having jurisdiction in the area in which the service under such articles or contract of service is to be performed.’’.
Amendment of section 8 of Act 53 of 1979, as substituted by section 6 of Act 87 of 1989 and amended by section 8 of Act 115 of 1993, section 6 of Act 78 of 1997, section 10 of Act 31 of 2008 and section 17 of Act 42 of 2013
7. Section 8 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding the proviso of the
following words: ‘‘Any candidate attorney who has satisfied all the requirements for the degree referred to in paragraph (a) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees
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referred to in paragraph (aB) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than [any] the High Court, the Supreme Court of Appeal or the Constitutional Court and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or herself had appeared: Provided that such a candidate attorney shall not be entitled to appear in a court of a regional division established under section 2 of theMagistrates’CourtsAct, 1944 (Act No 32 of 1944), unless he or she’’;
(b) by the insertion before subsection (3) of the following subsection: ‘‘(2A) Any candidate attorney who—
(a) is entitled to appear under any law repealed by section 35 of the AttorneysAmendmentAct, 2014, may, notwithstanding that repeal, continue to so appear; and
(b) may so continue to appear, may apply to the society having jurisdiction for a certificate referred to in subsection (3), which the society may or may not issue.’’;
(c) by the substitution for subsection (3) of the following subsection: ‘‘(3) The secretary of the society concerned shall, upon the written
application of the principal of any candidate attorney referred to in subsection (1) or (2A) and upon the payment of the fees prescribed under section 80(bA), issue to such candidate attorney a certificate that he or she complies with the relevant provisions of subsection (1).’’;
(d) by the substitution in subsection (4) for paragraph (a) of the following paragraph:
‘‘(a) Any candidate attorney who is entitled to appear as contemplated in subsection (1) or (2A), shall at the expiry of his or her articles or contract of service, and provided he or she remains in the employ of the attorney who was his or her principal immediately before such expiry, or provided he or she remains in the service of the law clinic or the Legal Aid Board concerned, as the case may be, remain so entitled until he or she is admitted as an attorney, but not for longer than six months.’’ ; and
(e) by the substitution for subsection (5) of the following subsection: ‘‘(5) In the event of the death, mental illness, insolvency, conviction
for crime, [imprisonment for debt,] suspension, striking off the roll or discontinuance of practice of the attorney who was the principal of a former candidate attorney referred to in subsection (4) immediately before the expiry of his or her articles, such former candidate attorney shall with the written permission of the secretary of the society [of the province] having jurisdiction in the area in which the candidate attorney served under articles, be entitled to take service with any other attorney and to appear as contemplated in subsection (4) under the supervision of that attorney.’’.
Amendment of section 9 of Act 53 of 1979, as substituted by section 9 of Act 115 of 1993 and amended by section 17 of Act 42 of 2013
8. Section 9 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1) A candidate attorney shall not have any pecuniary interest in the practice and service of an attorney, or in the organisation or institution where he or she performs community service, and shall not, without the prior written consent of the council of the society [of the province] having jurisdiction in the area in which he or she performs service under the articles or contract of service, hold or occupy any office or engage in any other business other than that of candidate attorney.’’.
Amendment of section 10 of Act 53 of 1979, as substituted by section 11 of Act 104 of 1996
9. Section 10 of the principal Act is hereby amended by the substitution in subsection (4) for the words preceding paragraph (a) of the following words:
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‘‘An agreement whereby articles or a contract of service is ceded shall within two months of the date on which the services of the candidate attorney concerned have been terminated with the cedent, or within such further period as the court may for good cause allow, be lodged with the society [of the province wherein] having jurisdiction in the area where service under the said articles or the said contract of service so ceded is to be performed, by the cessionary together with the affidavits—’’.
Amendment of section 13B of Act 53 of 1979, as inserted by section 8 of Act 55 of 2003 and substituted by section 6 of Act 22 of 2005
10. Section 13B of the principal Act is hereby amended by the substitution in subsection (1) for the words following paragraph (b) of the following words:
‘‘complete a legal practice management course approved by the council [of the province] of the society having jurisdiction in the area in which he or she practises.’’.
Amendment of section 14 of Act 53 of 1979, as amended by section 1 of Act 80 of 1985, section 13 of Act 115 of 1993 and section 17 of Act 42 of 2013
11. Section 14 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘The judge president of a [provincial division] Division of the High Court may after consultation with the president of the society concerned appoint two or more examiners for the purpose of arranging, controlling and conducting examinations in respect of—’’; and
(b) by the substitution in subsection (1) for paragraph (a) of the following paragraph:
‘‘(a) the practice and procedure in the [Supreme] High Court and in magistrates’ courts established under the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);’’.
Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 and amended by section 11 of Act 87 of 1989, section 14 of Act 115 of 1993, section 3 of Act 33 of 1995, section 9 of Act 78 of 1997 and section 17 of Act 42 of 2013
12. Section 15 of the principalAct is hereby amended by the substitution in subsection (1)(b)(ivA) for the words following item (bb) of the following words:
‘‘has attended a training course approved by the society [of the province] having jurisdiction in the area in which he or she completed his or her service under articles or contract of service, or, in the case of section 2A(c), has attended a training course approved by the society [of the province] having jurisdiction in the area in which the candidate attorney intends to practise, and has completed such training course to the satisfaction of that society: Provided that this subparagraph shall not apply to a person who attended a training course referred to in section 2(1A)(a) or 2A(a)(i) and who has completed such course to the satisfaction of the society concerned; and’’.
Amendment of section 16 of Act 53 of 1979, as amended by section 52 of Act 129 of 1993 and section 17 of Act 42 of 2013
13. Section 16 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words:
‘‘Any person who applies to [the] a court to be admitted or readmitted and enrolled as an attorney, shall satisfy the society [of the province] having jurisdiction wherein he or she so applies—’’.
Amendment of section 19 of Act 53 of 1979, as amended by section 17 of Act 42 of 2013
14. Section 19 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
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‘‘(1) Any person who applies to a court to be— (a) admitted [or readmitted] as a practitioner, shall at least one month; or (b) readmitted as a practitioner, shall at least three months, before the date of his or her application deliver to the secretary of the society [of the province] having jurisdiction in the area in which the court to which such application is made, is situated, together with his or her notice of application, a copy of his or her application for admission or readmission and copies of all affidavits, certificates and other documents or papers which are referred to therein or connected therewith.’’.
Amendment of section 20 of Act 53 of 1979, as amended by section 17 of Act 42 of 2013
15. Section 20 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) Any person admitted and enrolled as an attorney, or a notary or conveyancer [under this Act] by any court in the Republic or in the former Republics of Transkei, Bophuthatswana, Venda and Ciskei may in the manner prescribed by subsection (2), apply to the registrar of any court other than the court by which he or she was so admitted and enrolled to have his or her name placed on the roll of attorneys or of notaries or of conveyancers, as the case may be, of the court for which such registrar has been appointed.’’; and
(b) by the substitution in subsection (2) for paragraphs (c) and (d) of the following paragraphs:
‘‘(c) a certificate signed by the secretary of [the] every society [of each province] in which the applicant is so enrolled that no proceedings are pending or contemplated to strike his or her name off the roll or to suspend him or her from practice;
(d) proof to the satisfaction of the registrar that a copy of the application and copies of the documents referred to in paragraphs (a), (b) and (c) have been served on the secretary of the society [of the province] in which such other court is situated; and’’.
Amendment of section 23 of Act 53 of 1979, as amended by section 17 of Act 42 of 2013
16. Section 23 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘A [private] company may, notwithstanding anything to the contrary contained in this Act, conduct a practice if—’’;
(b) by the substitution in subsection (1) for paragraph (a) of the following paragraph:
‘‘(a) such company is [incorporated and registered as a private company under the Companies Act, 1973 (Act No. 61 of 1973), with a share capital, and its memorandum of association provides that all present and past directors of the company shall be liable jointly and severally with the company for the debts and liabilities of the company contracted during their period of office] a personal liability company contemplated in the Companies Act, 2008 (Act No. 71 of 2008);’’;
(c) by the substitution in subsection (1)(c) for the words preceding the proviso of the following words:
‘‘the name of the company, other than the expression ‘Incorporated’ or ‘Inc.’, consists solely of the name or names of any of the present or past members of the company or of persons who conducted, either [of] on their own account or in partnership, any practice which may reasonably be regarded as a predecessor of the practice of the company, unless the
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council of the law society having jurisdiction has approved any other name in writing in accordance with the rules of such law society’’;
(d) by the substitution for subsection (3) of the following subsection: ‘‘(3) If a shareholder of the company or a person having any interest in
the shares of the company, dies or ceases to conform to any requirement of subsection (1)(b), he or she or his or her estate, as the case may be, may, as from the date on which he or she dies or ceases so to conform, continue to hold the relevant shares or interest in the shares in the company for a period of six months or for such longer period as the council of the society [of the province] having jurisdiction in the area in which the company’s registered office is situate, may approve.’’;
(e) by the deletion of subsections (5) and (6); (f) by the substitution for subsection (7) of the following subsection:
‘‘(7) Notwithstanding anything to the contrary contained in any other law, the [articles of association] memorandum of incorporation of the company may provide that a [member] shareholder of the company may not appoint a person who is not a [member] shareholder of the company, to attend, speak or vote in his or her stead at any meeting of the company.’’; and
(g) by the substitution for subsection (9) of the following subsection: ‘‘(9) Any reference in this Act or in any other law to a practitioner or
to a partner or partnership in relation to practitioners, shall be deemed to include a reference to a company under this section or to a [member] shareholder of such a company, as the case may be, unless the context otherwise indicates.’’.
Substitution of section 24 of Act 53 of 1979
17. The following section is hereby substituted for section 24 of the principal Act:
‘‘Applications in terms of this Chapter to be delivered to secretary of society concerned
24. Subject to provisions to the contrary in this Chapter contained, any person who makes an application to a court in terms of this Chapter, shall, at least one month before the date of his or her application, deliver to the secretary of the society [of the province] having jurisdiction in the area in which the court to which such application is made is situated, a copy of the application, together with copies of the other documents and papers referred to therein or connected therewith.’’.
Amendment of section 43 of Act 53 of 1979, as substituted by section 15 of Act 55 of 2002
18. Section 43 of the principal Act is hereby amended by the substitution for subsection (6) of the following subsection:
‘‘(6) (a)A practitioner who is not in possession of a fidelity fund certificate and who intends to commence to practise on his or her own account or in partnership, shall, before commencing so to practise, give notice of such intention to the secretary of the society [of the province] having jurisdiction in the area in which he or she intends to practise, and he or she shall thereupon become liable to pay to the fund the amount of the contribution referred to in subsections (1) and (4). (b) Any practitioner who is in possession of a fidelity fund certificate but who
intends to commence to practise [for] on his or her own account or in partnership in the area of jurisdiction of any [provincial division] law society other than that in which he or she usually practises [for] on his or her own account or in partnership, shall give notice of such intention to the secretary of the other society concerned.’’.
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Amendment of section 49 of Act 53 of 1979, as amended by section 21 of Act 87 of 1989 and section 17 of Act 42 of 2013
19. Section 49 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
‘‘(4) Any action against the fund may, subject to the provisions of this Act [and the regulations made thereunder], be brought in [any provincial or local division of the Supreme] the High Court or a magistrate’s court having jurisdiction within the area of jurisdiction of which the cause of action arose.’’.
Repeal of section 55 of Act 53 of 1979
20. Section 55 of the principal Act is hereby repealed.
Substitution of section 56 of Act 53 of 1979, as amended by section 15 of Act 115 of 1993
21. The following section is hereby substituted for section 56 of the principal Act:
‘‘Continued existence of certain law societies
56. (1) The law societies known as— (a) [in the case of the law society of the province of the Cape of Good
Hope,] The Law Society of the Cape of Good Hope; (b) [in the case of the law society of the province of the Orange Free
State,] The Law Society of the Orange Free State; (c) [in the case of the law society of the province of the Transvaal,]The
Law Society of the Transvaal; (d) [in the case of the law society of the province of Natal,] The Natal
Law Society; shall, [notwithstanding the provisions of section 86,] from the com- mencement of section 21 of the Attorneys Amendment Act, 2014, continue to exist as juristic persons under the following names: (i) The Cape Law Society in the case of the law society referred to in
paragraph (a); (ii) The Law Society of the Free State in the case of the law society
referred to in paragraph (b); (iii) The Law Society of the Northern Provinces, in the case of the law
society referred to in paragraph (c); and (iv) The KwaZulu-Natal Law Society in the case of the law society
referred to in paragraph (d). (2) The societies referred to in subsection (1) have jurisdiction over all
attorneys practising in their areas of jurisdiction as follows: (a) The Cape Law Society has jurisdiction over all attorneys practising in
the provinces of the Western Cape, the Eastern Cape and the Northern Cape;
(b) The Law Society of the Free State has jurisdiction over all attorneys practising in the province of the Free State;
(c) The Law Society of the Northern Provinces has jurisdiction over all attorneys practising in the provinces of Gauteng, Mpumalanga, the North West and Limpopo; and
(d) The KwaZulu-Natal Law Society has jurisdiction over all attorneys practising in the province of KwaZulu-Natal.
(3)Any law society not mentioned in subsection (2) and which still exists or operates in terms of any other law immediately before section 21 of the Attorneys Amendment Act, 2014, comes into operation, shall dissolve on the date on which that section comes into operation: Provided that the Minister may, by notice in the Gazette, after consultation with the Law Society of South Africa, the law society into which the dissolving law society is to be amalgamated and the law society which is to be dissolved, determine any necessary arrangements in relation to the dissolution, including, subject to subsection (4), the transfer or disposal of assets and
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liabilities, the payment of costs and the manner in which surplus staff members of such society are to be dealt with. (4) All the rights and obligations of any society which dissolves in terms
of subsection (3) shall, on dissolution, transfer as follows: (a) The rights and obligations of any society in the former Republic of
Bophuthatswana or Venda transfer to the Law Society of the Northern Provinces referred to in subsection (2)(c); and
(b) the rights and obligations of any society in the former Republic of Transkei or Ciskei transfer to the Cape Law Society referred to in subsection (2)(a).
(5) (a) Any pending court proceedings by or against a law society referred to in subsection (3) shall, after its dissolution, be continued by or against the society to which the rights and obligations have been transferred in terms of subsection (4). (b) Any pending disciplinary enquiries or steps taken or those enquiries
or steps which may have been taken by a law society referred to in subsection (3) before its dissolution, shall be continued or taken by the society to which those rights and obligations have been transferred in terms of subsection (4), as if the former society had not been dissolved.’’.
Amendment of section 57 of Act 53 of 1979, as amended by section 17 of Act 42 of 2013
22. Section 57 of the principal Act is hereby amended— (a) by the substitution for subsections (1) and (2) of the following subsections,
respectively: ‘‘(1) Every practitioner who practises [in any province], whether
[for] on his or her own account or otherwise, shall be a member of the society [of that province] referred to in section 56(2) that applies to him or her. (2)Asociety may by notice in writing addressed to any person who has
been admitted and enrolled as an attorney or a notary or conveyancer in any court [in the province of its] within the area of jurisdiction of that society, or whose name has been placed on the roll of such court, but who does not practise in that [province] area of jurisdiction, declare such person to be a member of such society with effect from a date fixed in that notice.’’; and
(b) by the addition of the following subsection: ‘‘(6) Every practitioner who becomes a member of any society for the
first time must, within the period determined by that society, provide the society with such information as may be determined by the rules of the society in question.’’.
Amendment of section 69 of Act 53 of 1979, as amended by section 23 of Act 87 of 1989, section 5 ofAct 102 of 1991, section 54 ofAct 129 of 1993 and section 17 ofAct 42 of 2013
23. Section 69 of the principal Act is hereby amended— (a) by the substitution in paragraph (e) for subparagraphs (i) to (iv) of the
following subparagraphs: ‘‘(i) commences or discontinues to practise in the [province] area of
jurisdiction of [its] the society; (ii) takes up employment in [that] the [province] area of jurisdiction or
ceases to be employed therein as a practitioner; (iii) enters into or withdraws from a partnership with any person
practising in [that] the [province] area of jurisdiction; or (iv) practises in [that] the [province] area of jurisdiction and who
changes his or her business or residential address;’’; and (b) by the substitution for paragraph (j) of the following paragraph:
‘‘(j) subject to such conditions as it may deem fit to impose, permit members of its society to form associations of such members, to be known as circles, in respect of such areas [of the province] within the area of jurisdiction of the society concerned as the council may
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determine from time to time; determine the duties, functions and powers of such circles; designate places as the headquarters of such circles; and determine the constitution of bodies responsible for the management of the affairs of such circles;’’.
Amendment of section 71 of Act 53 of 1979, as amended by section 24 of Act 87 of 1989, section 16 of Act 115 of 1993 and section 17 of Act 42 of 2013
24. Section 71 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) A council may in the prescribed manner inquire into cases of alleged unprofessional or dishonourable or unworthy conduct or contravention of any law repealed by section 35 of the Attorneys Amendment Act, 2014, on the part of or by any attorney, notary or conveyancer whose name has been placed on the roll of any court within the [province] area of jurisdiction of its society, whether or not he or she is a member of such society, or of any person serving articles of clerkship or a contract of service with a member of its society, or of any former candidate attorney referred to in section 8(4).’’; and
(b) by the addition of the following subsection: ‘‘(5) A council may take any of the steps provided for in this section
and section 72, irrespective of when or where the alleged conduct or contravention took place or whether the alleged conduct or contravention occurred before or after a person became a member of its society or not.’’.
Amendment of section 74 of Act 53 of 1979, as amended by section 26 of Act 87 of 1989, section 18 of Act 115 of 1993 and section 9 of Act 55 of 2003
25. Section 74 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: ‘‘A council may subject to the provisions of subsections (2) and (3) make rules, which shall be binding within the [province] area of jurisdiction of [its] the society, as to—’’;
(b) by the deletion in subsection (3)(a) at the end of paragraph (ii) of the word ‘‘or’’;
(c) by the deletion in subsection (3)(a) at the end of paragraph (iii) of the comma and the insertion after the word ‘‘Society’’ of the expression ‘‘; or’’;
(d) by the insertion in subsection (3)(a) after paragraph (iv) of the following paragraph:
‘‘(v) the Law Society of the Northern Provinces,’’; (e) by the substitution in subsection (3) for paragraph (b) of the following
paragraph: ‘‘(b) the council has consulted with the judge president of [every
provincial division in the province] the court in the area of jurisdiction of its society [and with the chief justice of every high court in such province].’’;
(f) by the substitution for subsection (5) of the following subsection: ‘‘(5) Any assessment of fees in terms of a rule contemplated in section
69(h) shall be subject to review in all respects as if it were a determination by such officer of [a provincial division or high court] the High Court as is charged with the taxation of fees and charges.’’; and
(g) by the deletion of subsection (6).
Amendment of section 75 of Act 53 of 1979
26. Section 75 of the principalAct is hereby amended by the addition of the following subsection, the existing provisions becoming subsection (1):
‘‘(2) The provisions of subsection (1) apply with the changes required by the context in respect of any law society, council, member of a council, official or employee of any such law society or any person with whom or which such council has concluded any agreement referred to in section 59(g)(ii) in terms of any law repealed by section 35 of the Attorneys Amendment Act, 2014.’’.
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Repeal of section 77 of Act 53 of 1979
27. Section 77 of the principal Act is hereby repealed.
Amendment of section 78 of Act 53 of 1979, as substituted by section 28 of Act 87 of 1989 and amended by section 17 ofAct 42 of 2013 and section 1 ofAct 14 of 2014
28. Section 78 of the principal Act is hereby amended— (a) by the substitution for subsection (5) of the following subsection:
‘‘(5) The council of the society [of the province] which has jurisdiction in the area in which a practitioner practises may by itself or through its nominee, and at its own cost, inspect the accounting records of any practitioner in order to satisfy itself that the provisions of subsections (1), (2), (2A), (3) and (4) are being observed, and, if on such inspection it is found that such practitioner has not complied with such provisions, the council may write up the accounting records of such practitioner and recover the costs of the inspection or of such writing up, as the case may be, from that practitioner.’’;
(b) by the substitution for subsection (8) of the following subsection: ‘‘(8) The court may on application made by the society [of the
province] concerned or by the board of control, in consultation with the society [of the province] concerned, and on good cause shown, prohibit any practitioner from operating in any way on his or her trust account, and may appoint a curator bonis to control and administer such trust account, with such rights, duties and powers in relation thereto as the court may deem fit.’’;
(c) by the substitution in subsection (9) for the words following paragraph (a)(vi) of the following words:
‘‘the Master of the [Supreme] High Court may, on application made by the society [of the province] concerned or by any person having an interest in the trust account of that practitioner, appoint a curator bonis to control and administer such account, with such of the prescribed rights, duties and powers as the Master may deem fit.’’; and
(d) by the substitution for subsection (13) of the following subsection: ‘‘(13) Any banking institution [or building society] at which a
practitioner keeps his or her trust account or any separate account forming part of his or her trust account, shall, if so directed by the council of the society [of the province] having jurisdiction in the area in which such practitioner is practising, furnish the council with a signed certificate which indicates the balance of such account at the date or dates stated by the council.’’.
Amendment of section 82 of Act 53 of 1979, as amended by section 13 of Act 104 of 1996
29. Section 82 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the following words:
‘‘The Chief Justice may, after consultation with the judges president of the [several provincial divisions] Divisions of the High Court and with the presidents of the [several] societies make rules of court so as to provide for—’’.
Amendment of section 83 of Act 53 of 1979, as amended by section 6 of Act 76 of 1980, section 5 of Act 60 of 1982, section 30 of Act 87 of 1989, section 1 of Act 49 of 1996, section 9 of Act 122 of 1998 and section 17 of Act 42 of 2013
30. Section 83 of the principalAct is hereby amended by the substitution in subsection (11) for paragraph (e) of the following paragraph:
‘‘(e) to any practitioner who makes known in such manner as may be approved by the society [of the province] having jurisdiction in the area in which he or she practises, that he or she does such work;’’.
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Repeal of section 84 of Act 53 of 1979
31. Section 84 of the principal Act is hereby repealed.
Repeal of section 84A of Act 53 of 1979
32. Section 84A of the principal Act is hereby repealed.
Amendment of section 86 of Act 53 of 1979, as amended by section 31 of Act 87 of 1989 and section 17 of Act 42 of 2013
33. Section 86 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) Subject to the provisions of subsections (2) [and], (3) and (4), the laws set out in the Schedule are hereby repealed to the extent set out in the third column thereof.’’; and
(b) by the addition of the following subsections: ‘‘(4) Any person who, immediately before the commencement of
section 33(b) of the Attorneys Amendment Act, 2014, was admitted and entitled to practise as a practitioner in terms of any of the laws repealed by section 35 of that Act continues to be so entitled under this Act, provided that the person complies with all the other requirements of this Act. (5) Despite the provisions of section 15(1)(b)(ivA), any person who, in
terms of the Attorneys, Notaries and Conveyancers Act, 1984 (Act 29 of 1984) (Bophuthatswana), was, immediately before the commencement of section 33(b) of the Attorneys Amendment Act, 2014, entitled to be admitted and enrolled as an attorney, continues to be so entitled: Provided that all other requirements of this Act for admission and enrolment as an attorney have been met. (6) A degree at any university in the former Republics of Transkei,
Bophuthatswana, Venda and Ciskei, which has been designated in terms of section 2(1)(aB), will be acknowledged for purposes of articles of clerkship referred to in section 4A(b)(ii) and admission as attorney referred to in 15(1)(b)(iii): Provided that all other requirements of this Act for entering into articles of clerkship or admission as an attorney have been met.
Insertion of section 86A in Act 53 of 1979
34. The following section is hereby inserted in the principal Act after section 86:
‘‘Application of Act
86A. This Act applies throughout the Republic.’’.
Repeal or amendment of laws
35. The Acts specified in the Schedule are hereby amended or repealed to the extent set out in the third column of that Schedule.
Short title and commencement
36. This Act is called the Attorneys Amendment Act, 2014, and comes into operation on a date fixed by the President by proclamation in the Gazette.
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SCHEDULE
(Section 35)
No. and year of Act Short title Extent of repeal or amendment
Act No. 23 of 1934 (Transkei)
Attorneys, Notaries and Conveyancers Admission Act, 1934
Repeal of the whole Act in so far as it is still applicable in the territory which comprised the former Republic of Transkei
Act No. 74 of 1964 Admission of Advocates Act, 1964
Substitution for the definition of ‘‘advo- cate’’ in section 1 of the following defi- nition: ‘‘ ‘advocate’ means an advocate of the [Supreme Court] High Court of South Africa;’’
Act No. 53 of 1979 (Ciskei)
Attorneys Act, 1979 Repeal of the whole Act in so far as it is still applicable in the territory which comprised the former Republic of Ciskei
Act No. 29 of 1984 (Bophuthatswana)
Attorneys, Notaries and Conveyancers Act, 1984
Repeal of the whole Act in so far as it is still applicable in the territory which comprised the former Republic of Bophuthatswana
Act No. 42 of 1987 (Venda)
Attorneys Act, 1987 Repeal of the whole Act in so far as it is still applicable in the territory which comprised the former Republic of Venda
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