Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act

Link to law: http://www.gov.za/documents/reinstatement-enrolment-certain-deceased-legal-practitioners-act
Published: 2002-11-06

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Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act [No. 32 of 2002]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 449 Cape Town 6 November 2002 No. 24025
THE PRESIDENCY No. 1387 6 November 2002 It is hereby notified that the President has
assented to the following Act, which is hereby published for general information:–
No. 32 of 2002: Reinstatement of Enrol- ment of Certain Deceased Legal Prac- titioners Act, 2002.


2 No. 24025 GOVERNMENT GAZETTE, 6 NOVEMBER 2002
(English text signed by the President) (Assented to 28 October 2002)
ACT To provide for the reinstatement of the enrolment of practitioners who were struck off the roll of advocates or their opposition to the previous political dispensation
certain deceased legal attorneys as a result of of apartheid or their
A c t No. 32, 2002 REINSTATEMENT OF ENROLMENT OF CERTAIN DECEASED LEGAL PRACTITIONERS ACT, 2002
assistance to persons who were opposed to the said apartheid dispensation; and to provide for matters connected therewith.
PREAMBLE WHEREAS it is appropriate to honour the memory of those legal practitioners who made a contribution to the opposition to the previous political dispensation of apartheid, or who assisted persons who were so opposed, and who were struck off the roll on account of such opposition or assistance;
AND IN ORDER TO redress the injustices of the past by restoring the professional status of those legal practitioners who were so removed uring the apartheid dispensation,
B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:--- Reinstatement on roll of advocates or attorneys
1. (1) Despite the provisions of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and the Attorneys Act, 1979 (Act No. 53 of 1979), the name of any deceased 5 person who was removed from the roll of advocates or attorneys prior to 27 April 1994, may, upon application brought by a member of such deceased person’s family or, after consultation with the deceased person’s family, by-
(a ) the General Council of the Bar of South Africa; (b) the Bar Council concerned; 10 ( c ) the Society of Advocates concerned; (d) the Law Society of South Africa; ( e ) the law society concerned; or If) any other interested person,
to any High court, be reinstated to the roll of advocates or attorneys, as the case may be, 15 if the court is satisfied that the conduct that led to that person’s name being removed from the roll in question was directly related to that person’s opposition to the previous political dispensation of apartheid and to bringing about political or constitutional change in the Republic, or to assisting persons who were likewise opposed to the said apartheid dispenxation. 20
(2) If a High Court orders that the name of a person be reinstated as contemplated in subsection (1)-
( a ) to the 1-01] of advocates, the 1-egistrar of the Court must forthwith forward a certified copy of that order to the Director-General: Justice and Constitutional
25
4 No. 24025 GOVERNMENT GAZETTE, 6 NOVEMBER 2002
Act No. 32,2002 REINSTATEMENT OF ENROLMENT OF CERTAIN DECEASED LEGAL PRACTITIONERS ACT. 2002
Development, who must enter a reference to that order opposite the name of the person in question; or
(b) to the roll of attorneys, the registrar of the Court must enter a reference to that order opposite the name of the person in question in the registers kept by him or her for that purpose and forward certified copies of that order to the 5 registrars of the other High Courts and the registrars of deeds appointed in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), who, in turn, must enter a reference to that order opposite the name of the person in question in the registers kept by them for that purpose.
Names of reinstated persons t be submitted to Parliament 10
2. The Cabinet member responsible for the administration of justice must cause the name of any person who was reinstated to the roll of advocates or attorneys in terms of section I to be submitted to Parliament.
Short title
3. This Act is called the Reinstatement of Enrolment of Certain Deceased Legal 15 Practitioners Act, 2002.