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THE LAW SOCIETY OF THE NORTHERN PROVINCES
PROVIDED WITH NO GUARANTEES AS TO COMPLETENESS, ACCURACY OR OTHERWISE

 ATTORNEYS ACT 53 OF 1979 

 CHAPTER IV 

 GENERAL 

 

78.  Trust accounts.

(1).  Any practising practitioner shall open and keep a separate trust banking account at a banking institution in the Republic and shall deposit therein the money held or received by him or her on account of any person.
(2).  (a) Any practitioner may invest in a separate trust savings or other interest-bearing account opened by him or her with any banking institution or building society any money deposited in his or her trust banking account which is not immediately required for any particular purpose.
(b) Any trust savings or other interest-bearing account referred to in paragraph (a) shall contain a reference to this subsection.

(2A).  Any separate trust savings or other interest-bearing account
(a) which is opened by a practitioner for the purpose of investing therein on the instructions of any person, any money deposited in his or her trust banking account; and
(b) over which the practitioner exercises exclusive control as trustee, agent or stakeholder or in any other fiduciary capacity, shall contain a reference to this subsection.

(3).  The interest, if any, on money deposited in terms of subsection (1) and the interest on money invested in terms of subsection (2) shall be paid over to the fund by the practitioner concerned at the prescribed time and in the manner prescribed.

(4).  Any practising practitioner shall keep proper accounting records containing particulars and information of any money received, held or paid by him or her for or on account of any person, of any money invested by him or her in a trust savings or other interest-bearing account referred to in subsection (2) or (2A) and of any interest on money so invested which is paid over or credited to him or her.

(5).  The council of the society of the province in which a practitioner practises may be 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 subsection (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.

(6).  For the purposes of subsection (4) and (5), "accounting records" includes any record or document kept by or in the custody or under the control of any practitioner which relates to
(a) money invested in a trust savings or other interest-bearing account referred to in subsection (2) or (2A);
(b) interest on money so invested;
(c) any estate of a deceased person or any insolvent estate or any estate placed under curatorship, in respect of which such practitioner is the executor, trustee or curator or which he or she administers on behalf of the executor, trustee or curator; or
(d) his practice.

(7).  No amount standing to the credit of any practitioner's trust account shall be regarded as forming part of the assets of the practitioner, or may be attached on behalf of any creditor of such practitioner:  Provided that any excess remaining after payment of all claims of persons whose money has, or should have, been deposited or invested in such trust account and all claims in respect of interest on money so invested, shall be deemed to form part of the assets of such practitioner.

(8).  The court may on application made by 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.


(9).  (a) If any practitioner
(i) dies;
(ii) becomes insolvent;
(iii) in the case of a professional company, is liquidated or placed under judicial management, whether provisionally or finally;
(iv) is struck off the roll or suspended from practice;
(v) is declared by a competent court to be incapable of managing his or her own affairs; or
abandons his or her practice or ceases to practise,
the Master of the Supreme 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.
(b) Any person who is of the opinion that he or she has been prejudiced by a decision of a Master in terms of paragraph (a), may, within 30 days after the decision became known to him or her, appeal against that decision to the court, and the court may confirm or vary the said decision or give any such other decision as in its opinion the Master should have given.
(c) Nothing in this subsection or in subsection (7) or (8) contained shall be construed as preventing any practitioner who was practising in partnership with a practitioner referred to in paragraph (a) of this subsection, from operating on the trust account of the partnership.


(10).  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 not by reason only of the name or style by which the account concerned is distinguished, be deemed to have knowledge that the practitioner is not entitled to all money paid into such account or with which such account is credited:  Provided that the provisions of this subsection shall not relieve such banking institution or building society from any liability or obligation which legally exists and to which it would be subject apart from the provisions of this Act.


(11).  Notwithstanding anything in subsection (10) contained, a 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 not, in respect of any liability of the practitioner to such banking institution or building society, not being a liability arising out of or in connection with any such account, have or obtain any recourse or right, whether by way of set-off, counterclaim, charge or otherwise, against money standing to the credit of any such account.


(12).  The provisions of this section shall not be construed
(a) as depriving any banking institution or building society of any existing right;
(b) as taking away or affecting any claim, lien, counterclaim, right of set-off, or charge of any kind which a practitioner has against or on any money held or received by him or her on account of any person;
(c) as relieving any practitioner who has invested any money referred to in subsection (1) in a trust savings or other interest-bearing account referred to in subsection (2) or (2A), of any liability in respect thereof.


(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 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.


(14).  This section shall not apply to the State Attorney or a member of his or her professional staff.
(S.78 amended by s.1 of Act No. 103 of 1983 and by s.6 of Act No. 80 of 1985 and substituted by s.28 of Act No. 87 of 1989)




79.  Trust property not to form part of assets of practitioner.

Notwithstanding anything to the contrary in any law or the common law contained, trust property which is expressly registered in the name of the practitioner, or jointly in the name of a practitioner and any other person in his/her or their capacity as administrator, trustee, curator, or agent, as the case may be, shall not form part of the assets of that practitioner or other person.




80.  Minister may prescribe fees.

The Minister may, after consultation with the presidents of the various societies, by notice in the Gazette prescribe a scale of fees which shall be paid in respect of the
(a) examination of articles of clerkship or a contract of service in terms of section 5;
(Para. (a) substituted by s.19 of Act No. 115 of 1993)
(b) registration of articles of clerkship or a contract of service;
(Para. (b) substituted by s.19 of Act No. 115 of 1993)
(bA) issuing of a certificate in terms of section 8 (3);
(Para. (bA) inserted by s.10 (b) of Act No. 108 of 1984)
(c) examination of documents in terms of section 10 (5);
(d) registration of a cession of articles of clerkship or a contract of service in terms of section 10 (5);
(Para. (d) substituted by s.12 of Act No. 104 of 1996)
(e) admission or readmission as an attorney;
(f) admission or readmission as a notary;
(g) admission or readmission as a conveyancer;
(h) enrolment as a practitioner under section 20.
(S.80 amended by s.10 (a) of Act No. 108 of 1984)




81.  Regulations.

(1).  The Minister may after consultation with, except in the case of regulations made under paragraph (f) or (g), the Chief Justice of South Africa after consultation with the presidents of the various societies make regulations determining the following:
(a) the countries or territories which shall be approved of for the purposes of section 13(1) or 17 and be designated for the purposes of section 13(1)(a)(ii), and the class or classes of persons which shall be designated for the purposes of sections 13 (1) and 17;
(Para. (a) substituted by s.5 (a) of Act 76 of 1980 and by s.4 of Act 60 of 1982)
(b) the service which is recognised as appropriate legal experience for the purposes of section 2A (c) and the period which may expire between the date on which such service has been completed and the date on which exemption from articles of clerkship may be granted;
(Para. (b) substituted by s. 5 (b) of Act 76 of 1980, deleted by s.4 (b) of Act 56 of 1983 and inserted by s.20 of Act 115 of 1993)
(c) whether any person referred to in section 13 (1) shall be exempted or not from passing any practical examination referred to in section 14 (1) (a), (b) or (c) or any part thereof before being admitted and enrolled as an attorney under this Act;
(d) the circumstances under which any person shall, for the purposes of admission as a notary or conveyancer under section 18, be exempted from passing the practical examination referred to in section 14(1)(d) or (e);
(e) the rights, duties and powers of a curator bonis appointed under section 78 (9);
(f) the time when and the manner in which any interest referred to in section 78 (3) shall be paid to the fund;
(g) the acts which shall not be performed by any person other than a practitioner or an agent referred to in section 22 of the Lower Courts Act, 1944 (Act 32 of 1944);
(Para. (g) amended by s.74 of Act 120 of 1993)
(h) the certificate which shall be endorsed on any document specified in the regulations by any person preparing such document for or on behalf of any other person;
(i) whether any person exempted under section 13 (1) from service under articles or any category of persons so exempted shall, either temporarily or permanently, be exempted or not from any or both of the examinations referred to in section 15(1)(b)(v) and, in the case of any person or category of persons temporarily so exempted, the period of such exemption;
(Para. (i) substituted by s.29 (a) of Act 87 of 1989)
(j) the conditions for the purposes of section 13A on which a person contemplated in section 13 (1) (a) (ii) who has been admitted and enrolled as an attorney in terms of this Act, shall be allowed to practise before being entitled to practise on his or her own account.
(Sub-s. (1) amended by s.4 (a) of Act 56 of 1983.  Para. (j) added by s.5 (c) of Act 76 of 1980)


(2).  The Minister may, for the purposes of the provisions of this Act relating to the fund, with the concurrence of the Chief Justice of South Africa and after consultation with the presidents of the several societies, make regulations relating to
(a) the method of payment and recovery of any contribution to the fund;
(b) the investment of the money contemplated in section 38 (3);
(bA) the investment of the money available for investment in terms of section 38 (4);
(Para. (bA) inserted by s.7 (b) of Act 80 of 1985)
(c) the form in which and the period within which notice is to be given to a society and the board of control in respect of claims against the fund and the particulars thereof, and the conditions subject to which and the extent to which the board of control may settle claims without recourse to legal proceedings;
(d) the form of certificates to be issued to practitioners and of declarations, applications, notices and documents to be used in relation to any application or refusal of any application relating to the fund;
(e) the obtaining of evidence for the purposes of the fund that any person has been admitted to practise or is still practising or has ceased to practise, or as to the reason why any person has discontinued practice, and generally for the obtaining of information which is considered necessary or desirable for the purposes of determining the merits of applications for fidelity fund certificates or matters related thereto;
(f) the election of a chairman, vice-chairman and other office-bearers of the board of control;
(g) the appointment, remuneration and dismissal of officers of the board of control;
(h) the opening of offices for and the regulation of the management and administration of the board of control, including the manner and form in which all agreements, deeds and the documents shall be drawn up and executed by, for or on behalf of the board of control;
(i) the authorisation of the board of control or any committee thereof to subpoena and to examine on oath any person whose evidence is deemed necessary to enable the said board or committee to decide on the validity of any claim submitted against the fund;
(j) generally, such other matters which are considered necessary for the implementation of the intention of this act, in respect of the fund.


(3).  Regulations made under subsection (1)(g) may provide for exemption, either temporarily or permanently or partially or wholly, from the prohibitions therein contained in respect of particular persons or categories of persons or in respect of any specified matter connected with any act mentioned in such regulations:  Provided that no exemption granted permanently shall be cancelled or withdrawn unless such cancellation or withdrawal has been approved by resolution of Parliament.
(Sub-s (3) amended by s.29 (b) of Act No. 87 of 1989)


(4).  Any regulations made under subsection (1)(h) may provide for penalties by way of a fine not exceeding R1 000 or imprisonment for a period not exceeding three months for any contravention thereof or failure to comply therewith.
(Sub-s. (4) substituted by s.29 (c) of Act No. 87 of 1989)


(5).  Regulations made by the Minister under subsection (2) shall be published in the Gazette and shall thereupon have the same force and effect as if they were enacted in this Act.




82.  Rules of court.

The Chief Justice may, after consultation with the judges president of the several provincial divisions and with the presidents of the several societies make rules of court so as to provide for
(a) the qualifications of examiners appointed under section 14;
(b) the manner in which examinations referred to in section 14 shall be conducted;
(c) the registration fees payable by candidates for the examinations referred to in section 14;
(d) the procedure to be followed and the information to be supplied to the court by any applicant for admission or readmission under this Act;
(Para. (d) substituted by s.13 of Act No. 104 of 1996)
(e) the nature and form of the oath which shall be taken and signed by any person before admission and enrolment under this Act;
(f) any other matter considered necessary for giving effect to the provisions of this Act, excluding Chapters II and III.




83.  Offences.

(1).  No person other than a practitioner shall practise or hold himself or herself out as a practitioner or pretend to be, or make use of any name, title or addition or description implying or creating the impression that he or she is a practitioner or is recognised by law as such or perform any act which he or she is in terms of any regulations made under section 81 (1) (g) prohibited from performing.


(2).  No person shall orally or by means of any written or printed matter or in any other manner, directly or indirectly, either for himself or herself or for any other person, canvas, advertise or tout for, or make known his or her preparedness or that of such other person to undertake any work, whether for or without remuneration in connection with the drawing up of a will or other testamentary writing, the administration or liquidation or distribution of the estate of any deceased or insolvent person, mentally ill person, or any person under any other legal disability, or the judicial management or the liquidation of a company.
(Sub-s. (2) substituted by s.5 of Act 60 of 1982)


(3).  Notwithstanding anything to the contrary in any law contained, no person other than an advocate or an attorney or an agent referred to in section 22 of the Lower Courts Act, 1944 (Act 32 of 1944), shall appear for or on behalf of any other person in any proceedings or categories of proceedings which are held under the provisions of any law and which have been designated by the Minister by notice in the Gazette after consultation with the presidents of the various societies.
(Sub-s. (3) amended by s.74 of Act 120 of 1993)


(4).  Any practitioner who has been struck off the roll or suspended from practice shall not, while he or she is so struck off or suspended, continue to practise as a practitioner directly or indirectly for his or her own account or in partnership or association with any other person, or, except with the written consent of the society concerned, and, if he or she is a person who, in terms of section 34 (1) (b) of the Internal Security Act, 1982 (Act 74 of 1982), has been struck off the roll, also with the written consent of the Minister, be employed in any capacity connected with the profession of a practitioner.
(Sub-s. (4) substituted by s.30 (a) of Act 87 of 1989)


(5).  A practitioner shall not, except with the written consent of the society concerned, and, in the case of a person who, in terms of section 34 (1) (b) of the Internal Security Act, 1982, has been struck off the roll, also with the written consent of the Minister, employ in any capacity any person who has been struck off the roll or suspended from practice, while such person is so struck off or suspended.
(Sub-s. (5) substituted by s.30 (b) of Act 87 of 1989)


(6).  A practitioner shall not make over to or share or divide with any person other than a practitioner in, or a legal practitioner outside, the Republic, either by way of partnership, commission or allowance or in any other manner any portion or his or her professional fees.


(7).  A person who contravenes any of the provisions of subsections (1) to (6) or of section 13A shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 in respect of each offence.
(Sub-s. (7) substituted by s.6 of Act 76 of 1980 and by s.30 (c) of Act 87 of 1989)


(8).  (a) Any person, except a practising practitioner, who for or in expectation of any fee, gain or reward, direct or indirect, to himself or herself or to any other person, draws up or prepares or causes to be drawn up or prepared any of the following documents, namely
(i) any agreement, deed or writing relating to immovable property or to any right in or to immovable property, other than contracts of lease for periods not exceeding five years, conditions of sale or brokers' notes;
(ii) any will or other testamentary writing;
(iii) any memorandum or articles of association or prospectus of any company;
(iv) any agreement, deed or writing relating to the creation or dissolution of any partnership or any variation of the terms thereof;
(v) any instrument or document relating to or required or intended for use in any action, suit or other proceeding in a court of civil jurisdiction within the Republic,
shall be guilty of an offence and on conviction liable in respect of each offence to a fine not exceeding R2 000 and in default of payment thereof to imprisonment not exceeding six months.
(Para. (a) amended by s.30 (d) of Act 87 of 1989)
(b) The expression "fee, gain or reward, direct or indirect" referred to in paragraph (a) shall not apply to
(i) the salary or emoluments of an employee if no fee, gain or reward is sought or obtained by his or her employer from the person on whose behalf the document was drawn or prepared; or
(ii) any commission or other remuneration to which any person is or may be entitled either by law or otherwise for services rendered in his or her capacity as executor, administrator, trustee, curator, tutor or guardian by virtue of his or her appointment as such by any court of law or under the provisions of any will or other testamentary writing, or as agent for any person holding such appointment.


(9).  Any practitioner who does not comply with the provisions of section 78(1), (2), (3) or (4), shall be guilty of an offence and on conviction liable to a fine not exceeding R1 000.
(Sub-s. (9) substituted by s.30 (e) of Act 87 of 1989)


(10).  Any person who directly or indirectly purports to act as a practitioner or to practise on his or her own account or in partnership without being in possession of a fidelity fund certificate, shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(Sub-s. (10) substituted by s.30 (f) of Act 87 of 1989)


(11).  The provisions of subsection (2) shall not apply
(a) in the Republic, excluding the Territory, to any board of executors, or trust company (not being a private company within the meaning of section 104 of the Companies Act, 1926 (Act 46 of 1926)), licensed as such on or before 31 December 1938 under the Licences Consolidation Act, 1925 (Act 32 of 1925), or, in the Territory, to any board of executors or trust company licensed as such on or before 1 May 1960 under the Licences Consolidation Ordinance, 1935 (Ordinance 13 of 1935, of the Territory), which
(i) has in its name or title words indicate that its objects or functions include work in connection with a matter mentioned in subsection (2); or
(ii) on signboards, nameplates or notices exhibited on the premises in which it carries on business, on its stationery, or on its usual annual calendars or in any advertisement in the public press, or in its annual reports or any report of the proceedings at an annual general meeting, makes known by a simple statement to that effect that its objects or functions include any such work;
(b) to any person who in reply to a direct enquiry voluntarily made to him or her by someone else makes known the preparedness of himself or herself or some other person to perform any such work;
(c) to any shareholder or employee of a board of executors or trust company mentioned in paragraph (a) who canvasses another shareholder or employee of the same board of executors or trust company on behalf of such board or company;
(d) to any practitioner or any commercial banking institution or any board of executors or trust company who indicates in any public notice required by law in connection with the liquidation or administration of any estate, that he or she or it does such work;
(e) to any practitioner who makes known in such manner as may be approved by the society of the province in which he or she practises, that he or she does such work;
(f) to any person (not being a board of executors or trust company mentioned in paragraph (a) or a company registered under the Companies Act, 1926 (Act 46 of 1926), or a commercial banking institution)
(i) who on 21 February 1941 held a valid broker's or agent's licence issued under the Licences Consolidation Act, 1925 (Act 32 of 1925); or
(ii) who on 1 May 1960 held a valid broker's or agent's licence issued under the Licences Consolidation Ordinance, 1935 (ordinance 13 of 1935 of the Territory), who in the Republic excluding the Territory, in the case of a person referred to in subparagraph (i), or in the Territory, in the case of a person referred to in subparagraph (ii), on a signboard, nameplate or notice exhibited on the premises where he or she carries on business, on his or her stationery or in any advertisement in the public press, makes known by a simple statement to that effect that his or her business includes any such work;
(g) in the Republic excluding the Territory, to any accountant who on 21 February 1941, or in the Territory to any accountant who on 1 May 1960, was entitled to use any designation provided for by the Chartered Accountants Designation (Private) Act, 1927 (Act 13 of 1927), and who still is so entitled, who on a signboard or nameplate exhibited on the premises in which he or she carries on business, or on his or her stationery, makes known by a simple statement to that effect that his or her business includes any such work, provided he or she had on the date mentioned by such means made known that his or her business included such work.


(12).  The provisions of subsection (8) shall not apply to
(a) any person in the employment of a practising practitioner drawing or preparing or causing to be drawn or prepared any of the documents concerned in the course of his or her employment and on behalf of his or her employer;
(b) any agent referred to in section 22 of the Lower Courts Act, 1944, and any person in the employment of such agent, acting in the course of his or her employment and on behalf of his or her employer, drawing or preparing or causing to be drawn or prepared any of the documents concerned, in so far as such agent was prior to the commencement of this Act entitled to draw or prepare or cause to be drawn or prepared any of the aforementioned documents and to charge a fee therefore;
(Para. (b) amended by s.74 of Act 120 of 1993)
(c) any person in the employment of the State, the Railway Administration, a provincial administration, the administration of the Territory or the Land and Agricultural Bank of South Africa drawing or preparing or causing to be drawn or prepared any of the documents concerned in the course of his or her duty;
(d) any trustee under the laws relating to insolvency or any executor, administrator or curator or any liquidator of a company drawing or preparing any of the documents concerned in the course of his or her statutory duties and receiving such fees as may be allowed by law;
(e) any person
(i) who on 31 December 1938 was the manager or secretary or attorney in the employment of a board of executors or trust company or any branch thereof licensed as such under the Licences Consolidation Act, 1925 (Act 32 of 1925);
(ii) ... .
(Sub-para. (ii) deleted by s.1 of Act 49 of 1996)
in respect of any such document drawn or prepared by him or her in such capacity in so far as immediately prior to the relevant date aforementioned he or she in his or her said capacity was entitled to draw or prepare such a document and to charge a fee therefore;
(Para. (e) amended by s.1 of Act 49 of 1996)
(f) any practising advocate in so far as he or she would be entitled but for the passing of this Act to draw or prepare any of the aforesaid documents in the ordinary course of his or her profession;
(g) any board of executors or trust company which, on 27 October 1967, was licensed as such under the Licenses Act, 1962 (Act 44 of 1962), and carrying on business of which a substantial part consisted of the liquidation or distribution of the estates of de eased persons, if the person in the service of any such institution, who draw up or prepares or causes to be drawn up or prepared the documents referred to in subsection (8)(a)(ii), satisfies all the academic requirements to be admitted as an advocate or attorney in terms of the Admission of Advocates Act, 1964 (Act 74 of 1964), or this Act, as the case may be.
(Para. (g) added by s.9 of Act 122 of 1998)


(13).  Any practitioner who contravenes subsection (1), (3) or (4) of section 78 of subsection (2), (5) or (6) of this section shall also be guilty of unprofessional conduct and be liable to be struck off the roll or suspended from practice.


(14).  Subsection (8) shall not in any way affect the provisions of the Natal Conveyancers Act, 1926 (Act 24 of 1926).


(15).  (a) Any person who has been summoned under section 71 who
(i) fails, without sufficient cause, to attend at the time and place specified in the summons, or to remain in attendance until excused from further attendance by the person presiding at the enquiry;
(ii) refuses to take the oath or make an affirmation when required by the person presiding at the enquiry to do so;
(iii) fails, without sufficient cause, to produce any book, document, record or thing which he or she has in terms of section 71 (2) been required to produce;
(iv) fails, without sufficient cause, to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her, shall be guilty of an offence and on conviction liable to a fine not exceeding R400.
(Para. (a) amended by s.30 (g) of Act 87 of 1989)
(b) Any person who at an enquiry referred to in section 71 gives false evidence after having been sworn or after having made an affirmation, shall be guilty of an offence and on conviction liable to the penalties prescribed by the law in respect of perjury.




84.  Society of Cape Province may exercise certain powers in respect of certain matters and persons in Transkei and Ciskei.

The society of the province of the Cape of Good Hope, and its council, president and secretary, may in respect of matters and persons in Transkei and Ciskei perform any functions which are similar to the functions assigned to them by Chapter I or this Chapter and which are assigned to them in respect of such matters and persons in Transkei and Ciskei, respectively. (S.84 substituted by s.3 of Act 116 of 1981)




84A.  Law Society of Transvaal may exercise certain powers in respect of practitioners practicing in areas of former Republics of Bophuthatswana and Venda.

Notwithstanding any other law, the Law Society of the Transvaal and its council, president and secretary, may in respect of practitioners practicing in the areas of the former Republics of Bophuthatswana and Venda, perform any function which is similar to a function assigned to that law Society, council, president or secretary, as the case may be, by section 22(1) (d) or (e), (2), 67(2), 69(a), (e) or (m), 70, 71, 72, 73, 74(1)(a), (e), 78, 81(1)(e) and (f), (2)(a), (d), (e), (i) or (j), (5) or 83(9), (13) or (15).
(S.84A inserted by s.5 of Act 115 of 1998)

85.  Law Society of Transvaal may exercise certain powers in respect of practitioners practicing in areas of former Republics of Bophuthatswana and Venda.

... .
(S.85 repealed by s.1 of Act 49 of 1996)

86.  Repeal of laws and savings.

(1).  Subject to the provisions of subsections (2) and (3), the laws set out in the Schedule are hereby repealed to the extent set out in the third column thereof.


(2).  (a) Any person referred to in subsection (1) of section 34 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act 23 of 1934), who in terms of that subsection was immediately prior to the commencement of this Act entitled to be admitted and enrolled as an attorney shall continue to be so entitled.
(b) The provisions of this Act shall not be construed so as to deprive any person referred to in subsection (2) of the said section 34 of the right to be admitted as an attorney or a notary or conveyancer or to practise in Natal as an advocate as well as an attorney.
(c)(i) Any person referred to in subsection (4) of the said section 34 shall notwithstanding the provisions of section 15 (1) (b) (iii) of this Act be entitled to be admitted as an attorney, provided he or she complies with all the other requirements of this Act.
(Sub-para. (i) substituted by s.31 of Act 87 of 1989)
(ii) Any person referred to in subsection (5) of the said section 34 shall receive from his or her employer the salary referred to in that subsection from the date or from the expiry of the period referred to in that subsection.
(d)(i) Any articled clerk referred to in subsection (6) of the said section 34, shall be entitled to appear as provided in that subsection, and the  principal of any such clerk shall be entitled to charge fees in respect of such appearance as if he or she had appeared himself or herself.
(ii) The provisions of section 8 (3) of this Act shall mutates mutandis apply in respect of an articled clerk referred to in subparagraph (i).
(e)(i) The Natal Provincial Division of the Supreme Court may remove the name of any person referred to in subsection (1) of section 35 of the Attorneys, Notaries and Conveyancers Admission Act, 1934, from the roll of attorneys, notaries and conveyancers upon an application of which notice was given as mentioned in that section, and thereupon the provisions referred to in that subsection shall apply in respect of such person.
(ii) Such division may upon on application, of which notice was given as mentioned in that section, of any person whose name was removed from the roll of attorneys, notaries and conveyancers under subparagraph (i), against admit such person as an attorney or a notary or conveyancer, subject to the provisions of subsection (2) of the said section 35.
(iii) The provisions of subsection (3) of section 35 shall apply in respect of an application referred to in this paragraph and in respect of the order of admission granted on the ground of such application.


(3).  Anything done or deemed to have been done under any provision of a law repealed by subsection (1), shall be deemed to have been done under the corresponding provision of this Act.

87.  Short title.

This Act shall be called the Attorneys Act, 1979.