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WWW.NORTHERNLAW.CO.ZA
THE LAW SOCIETY OF THE NORTHERN ROVINCES
ROVIDED WITH NO GUARANTEES AS TO COMSPANLETENESS, ACCURACY OR OTHERWISE
ATTORNEYS ACT 53 OF 1979
[ASSENTED TO 21 MAY, 1979]
[DATE OF COMMENCEMENT: 1 JUNE 1979]
(Afrikaans text signed by the State SPANresident)
as amended by
Attorneys Amendment Act No, 76 of 1980
Attorneys Amendment Act. No 116 of 1981
Attorneys Amendment Act. No 60 of 1982
Attorneys Amendment Act. No 56 of 1983
Second Attorneys Amendment Act. No 103 of 1983
Attorneys Amendment Act. No 108 of 1984
Attorneys Amendment Act. No 80 of 1985
Attorneys Amendment Act. No 87 of 1989
Attorneys Amendment Act. No 13 of 1990
Attorneys Amendment Act. No 102 of 1991
Attorneys Amendment Act. No 115 of 1993
General Law Third Amendment Act. No 129 of 1993
General Law Sixth Amendment Act. No 204 of 1993
Admission Of Legal SPANractitioners Amendment Act. No 33 of 1995
General Law Amendment Act, No 49 of 1996
Judicial Matters Amendment Act. No 104 of 1996
Qualification Of Legal SPANractitioners Amendment Act. No 78 of 1997
Attorneys And Matters Relating To Rules Of Court Amendment Act No 115 of 1998
Judicial Matters Second Amendment Act. No 122 of 1998
[with effect from 1 April 1999]
ACT
To consolidate the laws relating to the admission and practice of attorneys, notaries and conveyancers; the Attorneys Fidelity Fund; and Law Societies established in respect of the profession of attorneys, notary or conveyancer; and to provide for matters connected therewith.
(Long title substituted by s. 34 of Act No. 87 of 1989) |
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ARRANGEMENT OF SECTIONS |
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Definitions |
Section |
| CHAPTER I |
Practitioners: Qualifications, Admission and Removal from Roll |
2-24 |
| CHAPTER II |
Fidelity Fund |
25-55 |
| CHAPTER III |
Law Societies |
56-77 |
| CHAPTER IV |
General |
78-87 |
| 1. |
Definitions — In this Act, unless the context otherwise indicates
"advocate" means an advocate of the Supreme Court;
"appropriate legal experience" means any service which is related to the application of the law and which is prescribed by the Minister;
(Definition of "appropriate legal experience" inserted by s. 1 (a) of Act 115 of 1993)
"articled clerk" ....
(Definition of "articled clerk" deleted by s 1 (a) of Act 87 of 1989)
"articles" or "articles of clerkship" means any contract in writing under which any person is bound to serve an attorney for a specified period in accordance with this Act;
"attend" for purposes of Chapter I includes participation in a distance education course approved by the provincial Law Societies, and "attended"and "attending" have a corresponding meaning;
(Definition of "attend: inserted by s 17 (a) of Act of 2000)
"attorney" means any person duly admitted to practise as an attorney in any part of the Republic;
"banking institution" means a banking institution as defined in section 1 of the Banks Act, 1965 (Act No 23 of 1965) and registered, otherwise than provisionally, or deemed to be registered as a banking institution in terms of section 4 of that Act;
"board of control" means the Attorneys Fidelity fund Board of Control referred to in Section 27;
(Definition of "board of control" substituted by s l (b) of Act 87 of 1989)
"building society" means —
(a) a mutual building society as defined in section 1 of the Mutual Building Societies Act, 1965 (Act No 24 of 1965), and finally registered or deemed to be registered as a permanent building society in terms of section 5 of the Act; or
(b) a building society as defined in section 1 of the Building Societies Act, 1986 (Act No 82 of 1986) and finally registered as a building society in terms of section 18 of that Act;
(Definition of "Building Society" substituted by s 1 (c) of Act 87 of 1989)
"candidate attorney" means and person bound to serve under articles of clerkship or to perform community service under a contract of service;
(Definition of "candidate attorney" inserted by s l (d) of Act 87 of 1989 and substituted by s I (c) of Act115 of 1993)
"community service" means full-time service related to the application of the law and performed —
(a) at a law clinic in respect of which the council of the province in which that law clinic is operated, certifies that the law clinic concerned complies with the requirements prescribed by such council for the operation of such clinic; or
(b) on behalf of and under the control of the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No 22 of 1969), and which is approved for this purpose by the Minister;
(Definition of "community service" inserted by s 1 (b) of Act 115 of 1993)
"contract of service" means any contract in writing under which a candidate attorney who wishes to perform community service, is bound to serve a principal for a specified period in accordance with this Act;
(Definition of "contract of service" inserted s 1 (d) of Act 115 of 1993)
"conveyancer" means any person duly admitted to practise as a conveyancer within any part of the Republic.
"council" means the council of a society;
"court" means any court of a provincial division;
"fidelity fund certificate" means a certificate issued in terms of section 42;
"fund" means the Attorneys Fidelity Fund referred to in section 25;
(Definition of "fund" substituted by s 1 (e) of Act 87 of 1989)
"law clinic" means —
(a) a centre for the practical legal education of students in the faculty of law at a university in the Republic; or
(b) a law centre controlled by, or which is, a non-profit making organisation, which, subject to section 79A, provides legal services to the public free of charge;
(Definition of "law clinic" inserted by s.1 of Act No. 102 of 1991 and substituted by s.17 (b) of Act No. 62 of 2000)
"Minister" means the Minister of Justice;
"notary" means any person duly admitted to practise as a notary in any part of the Republic;
"practise" means practise as an attorney or a notary or conveyancer, and "practice" has a corresponding meaning;
"practitioner" means any attorney, notary or conveyancer; "prescribed" means prescribed by rule or by regulation made in terms of section 74, 81 or 82;
"principal", in relation to —
(a) a candidate attorney, means the attorney who is being served by such candidate attorney under articles of clerkship;
(b) a former candidate attorney referred to in section 8 (4), means the practitioner concerned so referred to;
(c) a candidate attorney performing community service, means an attorney who is employed full-time at a law clinic or an office of the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969), and who has so practised or been so employed for a period of three years or periods of three years in the aggregate during the preceding four years; and
(d) a former candidate attorney referred to in section 8 (4) performing community service, means the practitioner concerned so referred to;
(Definition of "principal" substituted by s.1 (g) of Act 87 of 1989 and by s.1 (e) of Act 115 of 1993)
"profession" means the profession of attorney, notary or conveyancer and, in relation to a society, means such profession within the province of that society;
"professional company" means a company referred to in section 23;
"province" ....
(Definition of "province" deleted by s.1 (f) of Act 115 of 1993)
"provincial division" means a provincial division as defined in the Supreme Court Act, 1959 (Act 59 of 1959);
"Republic" ....
(Definition of "Republic" deleted by s.1 (f) of Act 115 of 1993)
"roll", in relation to a court, means the roll of attorneys or of notaries or of conveyancers of that court;
"secretary", in relation to a society, includes an assistant secretary of that society;
"society" means any law society referred to in section 56;
"Supreme Court" means the Supreme Court of South Africa as constituted by section 2 of the Supreme Court Act, 1959;
"Territory" ....
(Definition of "Territory" deleted by s.1 (f) of Act 115 of 1993)
"trust account", in relation to a practicing practitioner, means an account comprising —
(a) that practitioner's trust banking account referred to in section 78 (1); and
(b) any trust savings or other interest-bearing account referred to in section 78 (2) or (2A) opened by that practitioner;
(Definition of "trust account" inserted by s.1 (h) of Act 87 of 1989 w.e.f. 1 March 1990)
"unprofessional or dishonourable or unworthy", in relation to conduct, includes any conduct prescribed as such. |
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