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THE LAW SOCIETY OF THE NORTHERN PROVINCES
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ATTORNEYS ACT 53 OF 1979 CHAPTER IPRACTITIONERS: QUALIFICATIONS, ADMISSION AND REMOVAL FROM ROLL |
| 2. | Duration of service under articles — |
| (1). | Any person intending to be admitted as an attorney, shall serve under articles of clerkship for a period of — (a) two years after he or she has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after pursuing for that degree a course of study of not less than four years; (Para. (a) substituted by s.2 (a) of Act No. 78 of 1997) (aA) two years after he or she has satisfied all the requirements for the degree of bachelor other than the degree of baccalaureus legum, of any university in the Republic or after he or she has been admitted to the status of any such degree by any such university and has satisfied all the requirements for the degree of baccalaureus legum of any such university after completing a period of study for such degrees of not less than five years in the aggregate; (Para. (aA) inserted by s.2 (b) of Act No. 78 of 1997) (aB) two years after he or she has satisfied all the requirements for a degree or degrees of a university in a country which may be designated by the Minister, after consulting with the presidents of the various societies, by notice in the Gazette, and in respect of which a university in the Republic with a faculty of law has certified that the syllabus of instruction and the standard of training thereof, together with a supplementary examination (if any) required by the latter university, the requirements of which have been satisfied by that person, are equivalent or superior to those required for the degree referred to in paragraph (a); (Para. (aB) formerly para. (aA), inserted by s.1 (a) of Act No. 108 of 1984) (b) ... . (Para. (b) deleted by s.2 (d) of Act No. 78 of 1997) (c) three years after he or she has satisfied all the requirements for any degree, other than an honorary degree, of any university in the Republic, but has not satisfied the requirements of paragraph (a), (aA) or (aB); (Para. (c) substituted by s.1 (b) of Act No. 108 of 1984 and by s.2 (e) of Act No. 78 of 1997) (cA) three years after he or she has satisfied all the requirements for any degree other than an honorary degree, or for other such degrees, of a university in a country designated under paragraph (aB), and in respect of which degree or degrees a university in the Republic has certified that the syllabus of instruction and the standard of training thereof are equivalent or superior to those required for a corresponding degree of such university in the Republic, but has not satisfied the requirement of paragraph (a), (aA), (aB) or (c); (Para. (cA) inserted by s.1 (c) of Act No. 108 of 1984 and substituted by s.2 (f) of Act No. 78 of 1997) (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 to be equivalent or superior thereto, and thereafter has served continuously for a period of at least two years as a clerk to any judge of the Supreme Court, provided 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 (e) five years after he has passed an examination referred to in paragraph (d). |
| (1A). | Any person intending to be admitted as an attorney and who has not served articles of clerkship in terms of subsection (1), and has satisfied all the requirements for a degree referred to in paragraph (a) or (aB) of subsection (1), or the degrees referred to in paragraph (aA) of that subsection, shall serve under articles of clerkship for a period of one year and shall in addition thereto — (a) attend a training course approved by the society concerned for an uninterrupted period of at least four months and complete such course to the satisfaction of that society; or (b) perform community service approved by the society concerned in terms of a contract of service for an uninterrupted period of at least one year to the satisfaction of that society. (Sub-s. (1A) inserted by s.2 of Act No. 115 of 1993 and amended by s.2 (g) of Act No. 78 of 1997) |
| (2). | Subject to the provisions of this Act, any period of service performed before the passing of any examination or the obtaining of any degree referred to in subsection (1), shall not be regarded as good or sufficient service for the purposes of this Act.*
*Note: — |
| 2A. | Exemption from service under articles of clerkship — Any person intending to be admitted as an attorney and who has satisfied all of the requirements for a degree referred to in paragraph (a) or (aB) of section 2 (1), or the degrees referred to in paragraph (aA) of that section, and who — (a) (i) has attended a training course approved by the society concerned for an uninterrupted period of at least four months and has completed such course to the satisfaction of that society; and (ii) has performed community service in terms of a contract of service for an uninterrupted period of at least one year to the satisfaction of that society; or (b) has performed community service in terms of a contract of service for an uninterrupted period of at least two years to the satisfaction of the society concerned; or (c) has, to the satisfaction of the society concerned, gained at least five years' appropriate legal experience, is exempted from service under articles of clerkship in terms of section 2 (1), and from the provisions of section 2 (1A). (S.2A inserted by s. 3 of Act No. 115 of 1993 and amended by s. 3 of Act No. 78 of 1997) |
| (4). | Any provision contained in any other law which is inconsistent with the provisions of section 3 of the Admission of Advocates Act, 1964, or sections 2, 2A, 4, 4A, 8, 11, 13 and 15 of the Attorneys Act, 1979, as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof. |
| (5). | Every university in the Republic with a faculty of law, shall take all reasonable steps so as to ensure that students are able to register for the degree referred to in section 3(2)(a)(i) of the Admission of Advocates Act, 1964, and section 2(1)(a) of the Attorneys Act, 1979, at that university on or before 31 December 1998. |
| 3. | By whom candidate attorneys may be engaged. — |
| (1). | A candidate attorney shall only be engaged or retained by a person practicing the profession of attorney — (a) on his own account; or (b) as a partner in a firm of attorneys; or (c) as a member of a professional company; or (d) as State Attorney; or (e) as Deputy State Attorney, Senior Assistant State Attorney or Assistant State Attorney in the office of the State Attorney or any branch thereof; or (Para. (e) substituted by s.2 (a) of Act 102 of 1991) (f) in the full-time employment of a law clinic, and if 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; and — (Para. (f) inserted by s.2 (b) of Act 102 of 1991) (g)... . (h)... . (i) who has — (i) if he or she is an attorney so practicing on his or her own account or as a partner in a firm of attorneys or as a member of a professional company, or is employed full-time at a law clinic, 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; (Sub-para. (i) substituted by s.2 (c) of Act 102 of 1991) (ii) if he or she is the State Attorney or any Deputy State Attorney, Senior Assistant State Attorney or Assistant State Attorney as aforesaid, practised the profession in the office of the State Attorney or any branch thereof continuously for a period of four years immediately prior to taking such candidate attorney under articles. |
| (2). | Service by any candidate attorney to any attorney while such attorney is not practicing the profession as referred to in subsection (1), shall not be deemed to be good or sufficient service for the purposes of this Act. |
| (3). | An attorney shall at no time have more than three candidate attorneys under articles: Provided that — (a) on the death or retirement from practice of any attorney, any of his surviving or remaining partners, any member of the professional company of which he was a member or any other person who as an attorney is employed full-time at the law clinic concerned; (Para. (a) substituted by s.2 (d) of Act 102 of 1991) (b) where an attorney has been debarred under section 72(1)(a)(iii) from continuing with a contract of articles, any of his partners, any other member of the professional company of which he or she is a member or any other person who as an attorney is employed full-time at the law clinic concerned, (Para. (b) substituted by s.2 (d) of Act No. 102 of 1991) may take cession of the articles of any candidate attorney articled to such attorney, although the cessionary will then have more than three candidate attorneys in his employment. (S.3 amended by s.2 of Act No. 108 of 1984 and substituted by s.2 of Act No. 87 of 1989) |
| 4. | Information to be submitted to society before articles are entered into. — |
| (1). | Any person intending to serve any attorney under articles of clerkship shall submit to the secretary of the society of the province in which the service under such articles is to be performed, the following, namely — (a) his or her birth certificate or other proof to the satisfaction of the society of his date of birth; (b) proof to the satisfaction of the society that he — (i) is a fit and proper person; (ii) has satisfied all the requirements for a degree referred to in paragraphs (a) or (aB) of section 2(1), or the degrees referred to in paragraph (aA) of that section; and (Sub-para. (ii) substituted by s.5 of Act No. 78 of 1997) (c) the contract of service in which the date is mentioned upon which he or she will commence community service and at which law clinic or office of the Legal Aid Board, as the case may be, he or she intends performing community service. (S.4A inserted by s.4 of Act No. 115 of 1993) |
| 5. | Lodging, examination and registration of articles or contract of service. — |
| (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 in which the service under such articles or contract of service is to be performed. |
| (2). | The secretary of the society concerned shall, on payment of the fees prescribed under section 80, examine any articles or contract of service lodged with him and shall, if he is satisfied that the articles are or contract of service is in order and that the council has no objection to the registration thereof, on payment of the fees so prescribed register such articles or contract of service and shall advise the principal and candidate attorney concerned of such registration in writing by certified post. |
| (3). | If articles of clerkship are or a contract of service is not registered within two months of the date thereof, any service thereunder shall be deemed to commence on the date of registration thereof. (S.5 substituted by s.5 of Act 115 of 1993) |
| 6. | Supervision over candidate attorney. — |
| (1). | Without derogating from the provisions of section 10, any candidate attorney shall during the whole term of service specified in the articles of clerkship, serve — (a) in the office of his principal under his or her direct personal supervision or under that of an attorney who is a partner or manager of his principal; (b) in the case of a candidate attorney articled to the State Attorney or to a member of his professional staff, in the office of the State Attorney or in any branch thereof and under the direct personal supervision of the State Attorney or a member of his or her professional staff; or (c) in the case of a candidate attorney articled to an attorney employed full-time at a law clinic, under the direct personal supervision of that attorney or another attorney who is also employed full-time at the law clinic concerned. (Para. (c) added by s.3 of Act 102 of 1991) |
| (2). | For the purposes of subsection (1) "office" shall not include a branch office which is under the control of an attorney who is not entitled to have a candidate attorney under articles. |
| (3). | A candidate attorney performing community service shall during the whole term of service specified in the contract of service, serve — (a) in the office of the law clinic under the direct personal supervision of his principal, or of an attorney or advocate, who is also employed full-time at the law clinic concerned; or (b) in the office of the Legal Aid Board under the direct personal supervision of his principal, or of an attorney or advocate, who is also employed full-time at the relevant office of the Legal Aid Board. (S.6 submitted by s.4 of Act 87 of 1989. Sub-s (3) added by s.6 of Act 115 of 1993) |
| 7. | Absence of candidate attorney. — |
| (1). | Subject to the provisions of subsection (2), a candidate attorney may, with the consent of his principal, absent himself from office for a period which does not, or for periods which in the aggregate do not, exceed thirty working days in any one year of the articles of clerkship or contract of service. (Sub-s. (1) substituted by s.7 (a) of Act 115 of 1993) |
| (2). | (a) A court may on the application of a candidate attorney in any case — (i) where his principal refuses to grant him leave of absence from office; (ii) where the period of absence from office exceeds, or the periods of absence from office in the aggregate exceed, thirty working days in any one year of the articles of clerkship or contract of service, grant an order authorization leave of absence from office for the period in question, if the court is satisfied that the principal and the society concerned received due notice of the application and that sufficient cause for the absence from office exists or existed, as the case may be. (Para. (a) amended by s.7 (b) of Act 115 of 1993) (b) An order referred to in paragraph (a) may be granted before, during or after the period of absence. |
| (3). | If any period of absence from office exceeds, or the periods of absence from office in the aggregate exceed, thirty working days in any one year of articles of clerkship or contract of service, the period in excess of thirty working days shall be added to the period for which the candidate attorney is bound to serve under articles or contract of service. (Sub-s. (3) substituted by s.7 (c) of Act 115 of 1993) |
| (4). | Notwithstanding the provisions of section 6, one half of any period of absence from the office of his principal by a candidate attorney as a result of training undergone by him in the South African Defence Force in terms of section 3 of the Defence Act, 1957 (Act 44 of 1957), shall, subject to a maximum period of three months, be deemed to have been served under such articles of clerkship or contract of service. (Sub-s. (4) substituted by s.7 (c) of Act 115 of 1993) |
| (5). | Notwithstanding the provisions of section 6, any period of absence not exceeding 6 months of a candidate attorney from the office of his principal for the purpose of attending a training course approved by the society concerned, shall, if that candidate attorney has completed that course to the satisfaction of that society, be deemed to have been served under articles of clerkship or contract of service: Provided that in the case of a candidate attorney referred to in sections 2(1A) and 2A the period of attending a training course shall not be deemed to be a period that that candidate attorney has served under articles of clerkship or contract of service. (Sub-s. (5) substituted by s.7 (c) of Act No. 115 of 1993) |
| (6). | Notwithstanding the provisions of section 6, any period of absence not exceeding 12 months of a candidate attorney from the office of his principal for the purposes of service, in terms of a contract with terms and conditions similar to those of his or her articles of clerkship, under the direct supervision of another attorney who is entitled to engage a candidate attorney in terms of section 3, shall, provided the secretary of the society where the articles concerned have been registered has approved such service in advance in writing, be deemed to have been served by the candidate attorney concerned under articles of clerkship with his principal. (S.7 amended by s.1 of Act No. 76 of 1980 and substituted by s.5 of Act No. 87 of 1989) |
| 8. | Appearance of candidate attorney in court and before other institutions. — |
| (1). | 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 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 division of the Supreme 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 appearances 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 the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), unless he or she — (i) has previously practised as an advocate for at least one year; or (ii) has served for at least one year under his or her articles or contract of service; or (iii) has at least one year's experience as a state advocate, state prosecutor or magistrate. (Sub-s. (1) amended by s.8 (a) of Act No. 115 of 1993 and substituted by s.6 of Act No. 78 of 1997) |
| (2). | ... . |
| (3). | The secretary or the society concerned shall, upon the written application of the principal of any candidate attorney referred to in subsection (1) and upon the payment of the fees prescribed under section 80 (bA), issue to such candidate attorney a certificate that he complies with the relevant provisions of subsection (1). |
| (4). | (a) Any candidate attorney who is entitled to appear as contemplated in subsection (1), 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. (Para. (a) substituted by s.8 (b) of Act No. 115 of 1993) (b) The provisions of section 6 shall apply mutates mutandis in respect of a former candidate attorney referred to in paragraph (a). |
| (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 articles, such former candidate attorney shall with the written permission of the secretary of the society of the province 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. (S.8 amended by s.1 of Act No. 56 of 1983 and by s.4 of Act No. 108 of 1984 and substituted by s.6 of Act No. 87 of 1989) |
| 9. | Restriction of pecuniary interest of candidate attorneys. — |
| (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 performs community service, and shall not, without the prior written consent of the council of the society of the province 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. |
| (2). | If any candidate attorney contravenes the provisions of subsection (1), the articles or contract of service shall be voidab initio and service rendered thereunder shall be ineffectual unless the court on good cause shown otherwise directs. (S.9 substituted by s.7 of Act No. 87 of 1989 and by S.9 of Act No. 115 of 1993) |
| 10. | Cession of articles or contract of service. — |
| (1). | Articles or a contract of service may with the consent of a principal and the candidate attorney concerned be ceded to any other principal willing to accept such cession. |
| (2). | The society concerned may in the event of the death, mental illness, insolvency, conviction for crime, suspension, striking off the roll or discontinuance of practice of the principal under whom a candidate attorney is serving or the debarring of such principal from engaging or continuing to engage a candidate attorney, or any other cause, direct that the articles or the contract of service concerned be ceded to any other principal willing to accept such cession, and all service completed under the ceded articles or the contract of service shall be effectual for the purposes of this Act. |
| (3). | Articles or a contract of service may be ceded under subsection (2) notwithstanding the fact that the principal who accepts the cession will, as a result of that acceptance, have more than three candidate attorneys in his or her employment. |
| (4). | 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 service under the said articles or the said contract of service so ceded is to be performed, by the cessionary together with affidavits — (a) by the cedent stating whether the provisions of this Act relating to service under articles of clerkship or a contract of service have been complied with during the whole term of service during which the candidate attorney concerned was in his or her service and the date on which the candidate attorney terminated his or her services with him or her; and (b) by the cessionary stating the date on which the said candidate attorney assumed duty with him or her. |
| (5). | The secretary of the law society referred to in subsection (4) shall on payment of such fee as is prescribed under section 80 — (a) examine the agreement and affidavits referred to in that subsection; and (b) if he or she is satisfied that the cession is in order that the council of the society has no objection, register the cession, and shall advise the attorney and the candidate attorney concerned of such registration in writing by registered post. |
| (6). | If articles or a contract of service is ceded in terms of subsection (2), the agreement whereby the articles or the contract of service is ceded shall be signed by the legal representative of the attorney concerned or the president or secretary of the society concerned as cedent, and a certificate of such legal representative, president or secretary containing the particulars referred to in subsection (4)(a), shall serve as a substitute for the affidavit referred to in subsection (4)(a). (S.10 amended by s.8 of Act No. 87 of 1989 and substituted by s.11 of Act No. 104 of 1996) |
| 11. | Termination of articles or contract of service. — |
| (1). | If articles of clerkship are or a contract of service is for any reason cancelled, abandoned or ceded, the principal with whom the candidate attorney concerned is serving at that time shall forthwith in writing notify the secretary of the society of such cancellation, abandonment or cession. |
| (2). | If articles of clerkship have or a contract of service has been cancelled or abandoned before completion thereof, the court may in its discretion on the application of the person who served under such articles or contract of service and subject to such conditions as the court may impose, order that for purposes and subject to such conditions as the court may impose, order that for purposes of this Act, the whole of such part of the period served under such articles or contract of service as the court deems fit, be added to any period served by that person under articles or a contract of service entered into after the first mentioned articles were or contract of service was cancelled or abandoned, and any period so added shall for the purposes of this Act be deemed to have been served under the last-mentioned articles or contract of service and continuously with any period served thereunder. |
| (3). | If a person who has served any period under articles of clerkship which were cancelled or abandoned before completion thereof, has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2 (1), or the degrees referred to in paragraph (aA) of that section, or a degree or degrees referred to in paragraph (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, the court may, on the application of such person and subject to such conditions as the court may impose, order — (a) that, for the purposes of this Act, the whole of the period so served or such part thereof as the court deems fit be added to any period served by such person after he satisfied such requirements or became so entitled under articles of clerkship entered into after the first-mentioned articles were cancelled or abandoned, and thereafter any period so added shall be deemed to have been served — (i) after he or she satisfied such requirements; and (Sub-para. (i) substituted by s.7 (b) of Act No. 78 of 1997) (ii) under the articles entered into after the first-mentioned articles were cancelled or abandoned and continuously with any period served thereunder; (b) if the period served by such person under the first-mentioned articles of clerkship is equal to or exceeds the period which he or she would, at the time of the making of the application, be required to serve under articles of clerkship in terms of this Act, that the period so served be considered as adequate service under articles for the purposes of this Act, and thereafter any period so served by such person shall be deemed to have been served after and under articles entered into after he or she satisfied such requirements. (S.11 amended by s.5 of Act No. 108 of 1984 and by s.9 of Act No. 87 of 1989 and substituted by s.10 of Act No. 115 of 1993. Sub-s (3) amended by s.7 (a) of Act No. 78 of 1997. Para. (b) substituted by s.7 (c) of Act No. 78 of 1997) |
| 12. | Registration of articles or contract of service entered into by advocate. — |
| Any person admitted to practice as an advocate shall not be allowed to register articles or a contract of service in terms of the provisions of this Act, unless his name has on his own application been removed from the roll of advocates. (S.12 substituted by s.1 of Act No. 13 of 1990 and by s.11 of Act No. 115 of 1993) |
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| 13. | Exemption from service under articles and certain examinations, and powers of court in respect of irregular service and certain other service. — |
| (1). | Any person lawfully admitted to the Republic for permanent residence therein who is ordinarily resident in the Republic and who has been admitted and enrolled as a solicitor or attorney of the supreme or high court of any country or territory which has been approved for the purposes of this subsection by regulation made under section 81(1)(a) — (a) shall — (i) if he has practised for at least 5 years as a solicitor or an attorney, as the case may be, in the country or territory in which he or she has been so admitted and enrolled and belongs to a class of persons (if any) which has been designated by any such regulation; or (ii) if the country or territory referred to has been designated for the purposes of this subparagraph by regulation made under section 81(1)(a), without his having practised as contemplated in subparagraph (i), and if he or she belongs to a class of persons (if any) which has been designated by any such regulation, be exempted from service under articles; (Para. (a) substituted by s.2 of Act No. 76 of 1980 and by s.1 of Act No. 60 of 1982) (b) shall, if a university in South Africa which has a law faculty has certified that an examination which he or she has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of straining, together with a supplementary examination (if any) required by that university, the requirements of which have been satisfied by that person, equivalent or superior to the examination which is required for the degree mentioned in section 2 (1) (a) be exempted from satisfying the requirements for the degree mentioned in the said section 2 (1) (a); (Para. (b) substituted by s.2 of Act No. 56 of 1983, by s.6 (a) of Act No. 108 of 1984 and by s.8 (a) of Act No. 78 of 1997) (c) may, by regulation made under section 81(1)(c), be exempted from the requirement to pass any examination referred to in section 14(1)(a), (b) or (c) or any part thereof. (Sub-s. (1) amended by s.2 of Act No. 76 of 1980) |
| (2). | If any person has not served regularly as a candidate attorney, the court, if satisfied that such irregular service was occasioned by sufficient cause, that such service is substantially equivalent to regular service, and that the society concerned has had due notice of the application, may permit such person, on such conditions as it may deem fit, to apply for admission as an attorney as if he had served regularly under articles or a contract of service. (Sub-s. (2) substituted by s.10 (a) of Act No. 87 of 1989 and by s.12 of Act No. 115 of 1993) |
| (3). | The court may, on the application of a candidate attorney who has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2 (1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, and subject to such conditions as the court may impose, order that the whole or any part of the period served by that candidate attorney under articles before he or she satisfied such requirements, shall, for the purpose of his or her admission and enrolment as an attorney, be regarded as having been served after and under articles entered into after he or she satisfied such requirements. (Sub-s. (3) substituted by s.6 (b) o fact No. 108 of 1984, by s.10 (b) of Act No. 87 of 1989 and by s.8 (b) of Act No. 78 of 1997) |
| 13A. | Certain attorneys must comply with certain conditions before being entitled to practise on their own account. — |
| Any person contemplated in section 13(1)(a)(ii) who has been admitted and enrolled as an attorney in terms of this Act, shall not be entitled to practise that profession on his own account, unless he or she has after his or her admission and enrolment practised for a period of not less than 3 years on such conditions as may be determined by regulation made under section 81(1)(f). (S.13A inserted by s.3 of Act No. 76 of 1980) |
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| 14. | Practical examinations. — |
| (1). | The judge president of a provincial division 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 — (a) the practice and procedure in the Supreme Court and in magistrates' courts established under the magistrates' Courts Act, 1944 (Act No. 32 of 1944); (b) the practical bookkeeping necessary for the keeping of the accounting records referred to in section 78 (4); (Para. (b) substituted by s.1 of Act No. 80 of 1985) (c) the practice, functions and duties of an attorney; (d) the practice, functions and duties of a notary; (e) the law, practice and procedure of conveyancing. |
| (2). | An examination referred to in subsection (1) shall be conducted by not less than two examiners so appointed. |
| (3). | An examination referred to in subsection (1) shall not be conducted in respect of any person unless he or she satisfies the examiners concerned that he or she — (a) has complied with the provisions of this Act in regard to service under articles or a contract of service; or (b) is serving under articles or contract of service and has so served for a continuous period of not less than six months; or (c) is, under the provisions of this Act, exempt from service under articles; or (d) has attended a training course approved by the society concerned for an uninterrupted period of at least four months and has completed such course to the satisfaction of that society. (Sub-s. (3) substituted by s.13 of Act No. 115 of 1993) |
| 15. | Admission and readmission of attorneys. — |
| (1). | Unless cause to the contrary to its satisfaction is shown, the court shall on application in accordance with this Act, admit and enrol any person as an attorney if — (a) such person, in the discretion of the court, is a fit and proper person to be so admitted and enrolled; and (b) the court is satisfied that such person has satisfied the following requirements or, where applicable, has been exempted therefrom in terms of the provisions of this Act, namely that such person — (i) is 21 years of age or older; (ii)(aa) is a South African citizen or has been lawfully admitted to the Republic for permanent residence therein and is ordinarily resident in the Republic; or (bb) is a citizen of a state the territory of which formerly formed part of the Republic, and belongs to such category of persons, and complies with such conditions, as may be determined by the Minister, after consultation with the presidents of the various societies, by notice in the Gazette; (iii)(aa) 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, after pursuing for that degree or degrees a course of study referred to in paragraph (a) or (aA) of that section, as the case may be; or (bb) has satisfied all the requirements for a degree or degrees referred to in paragraph (aB) of section 2(1) in respect of which a certification in accordance with that paragraph has been done; or (cc) has previously been admitted as an advocate. (Sub-para. (iii) substituted by s.9 of Act No. 78 of 1997) (iii) has passed the practical examinations referred to in section 14(1)(a), (b) and (c); (ivA)(aa) during his term of service under articles or contract of service, or after the expiry of his articles or contract of service; or (bb) after he has been exempted in terms of this Act from service under articles of clerkship, has attended a training course approved by the society of the province in which he completed his 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 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 (Sub-para. (ivA) inserted by s.11 of Act No. 87 of 1989 as substituted by s.21 of Act 115 of 1993) (v) has passed examinations in the Afrikaans and English language which the joint matriculation board referred to in section 15 of the Universities Act, 1955 (Act 61 of 1955), certified to be of equivalent or superior standard to one or other of the examinations in the said languages conducted at the matriculation examination referred to in section 2(1)(d), or is by regulation made under section 81(1)(i) exempted from passing in any of or both such examinations; and (vi)completed his or her service under articles or contract of service, or has complied with the provisions of section 2 (1A), within the period of three years preceding his application to the court or within the further period allowed by the court in terms of subsection (2). (Sub-s. (1) amended by s.14 (a) of Act 115 of 1993) |
| (2). | The court may in its discretion, on the application of any person and on good cause shown, allow a further period in addition to the period of three years referred to in subsection (1) (b) (vi0, within which the applicant may apply for admission as an attorney, subject to such conditions, if any, as it may deem fit, including a condition relating to further service under articles or contract of service. (Sub-s. (2) substituted by s.14 (b) of Act 115 of 1993) |
| (3). | A court may, on application made in accordance with this Act, readmit and re-enrol any person who was previously admitted and enrolled as an attorney and has been removed from or struck off the roll, as an attorney, if — (a) such person, in the discretion of the court, is a fit and proper person to be so readmitted and re-enrolled; and (b) the court is satisfied that he or she has complied with the provisions of subsection (1)(b)(ii). (S.15 substituted by s.7 of Act 108 of 1984) |
| 16. | Duty of applicant for admission or readmission and enrolment as attorney to society. — |
| Any person who applies to the court to be admitted or readmitted and enrolled as an attorney, shall satisfy the society of the province wherein he or she so applies — (a) that he or she is a fit and proper person to be so admitted or readmitted and enrolled; (b) if he or she has at any time been admitted as an advocate, that his or her name was subsequently removed from the roll of advocates on his or her own application; (c) if he or she is a person exempted from service under articles in terms of section 13 (1), that he or she is still entitled to practise and that his or her name is still on the roll of solicitors or attorneys of the country or territory referred to in that section, and that no proceedings to have him or her struck off the roll or suspended from practice are pending; and (d) if his estate has at any time been sequestrated, whether provisionally or finally, that despite such sequestration he or she is a fit and proper person to be so admitted or readmitted and enrolled. (Para. (d) added by s.52 of Act 129 of 1993) |
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| 17. | Admission of attorneys practising in certain countries or territories. — |
| Notwithstanding the provisions of this Act, but subject to the provisions of section 19, any person admitted and enrolled as a solicitor or an attorney of the supreme or high court of any country or territory approved for the purposes of this section by regulation made under section 81(1)(a), may be admitted and enrolled by the court as an attorney in the Republic upon satisfying the court that he or she — (a) has been admitted and enrolled as a solicitor or an attorney of that supreme or high court, and that no proceedings are pending to have him or her struck off the roll of solicitors or attorneys or suspended form practice; (b) is resident and practising as a solicitor or an attorney in the country or territory in which he or she has been so admitted and enrolled; (bA) belongs to a class of persons (if any) which has been designated by regulation made under section 81(1)(a); and (Para. (bA) inserted by s.2 (b) of Act 60 of 1982) (c) is a fit and proper person to be admitted and enrolled as an attorney in the Republic. |
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| 18. | Admission and readmission of notaries and conveyancers. — |
| (1). | The court may on application made in the prescribed manner admit and enrol any person as a notary or conveyancer if the court is satisfied that — (a) he or she is an attorney admitted by such court to practise as an attorney; (b) no order of court striking his or her name off the roll of attorneys or suspending him or her from practice as an attorney is in operation in respect of him or her; (c) no proceedings are pending to strike his or her name off the roll of attorneys or to suspend him or her from practice; and (d) he or she has passed the practical examination prescribed by section 14 (1) (d) or (e), as the case may be, or is exempted therefrom under the provisions of this Act. |
| (2). | The court may on application made in the prescribed manner readmit and re-enrol as a notary or conveyancer, as the case may be, any person who was previously admitted and enrolled as a notary or conveyancer and has been removed from or struck off the roll if — (a) he or she, in the discretion of the court, is a fit and proper person to be so readmitted and re-enrolled; and (b) the court is satisfied that such person has complied with the provisions of paragraphs (a), (b) and (c) of subsection (1). (S.18 substituted by s.8 of Act 108 of 1984) |
| 19. | Applications for admission or readmission as practitioner to be submitted to secretary of society. — |
| (1). | Any person who applies to a court to be admitted or readmitted as a practitioner shall at least one month before the date of his application deliver to the secretary of the society of the province in which the court to which such application is made, is situated, together with his notice of application, a copy of his application for admission or readmission and copies of all affidavits, certificates and other documents or papers which are referred to therein or connected therewith. |
| (2). | Upon production to the secretary referred to in subsection (1), of the application, affidavits, certificates, documents and other papers referred to therein, the secretary shall, upon payment of the fees prescribed under section 80, certify on such application that the provisions of this section have been complied with. |
| (3). | Unless such certificate has been obtained, the person concerned shall not make his application to the court. |
| 20. | Enrolment of practitioner admitted and enrolled by other court. — |
| (1). | Any person admitted and enrolled as an attorney, or a notary or conveyance under this Act 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. |
| (2). | An application referred to in subsection (1) shall be in writing and be signed by the applicant and shall be accompanied by — (a) an affidavit stating the name of every court in which the applicant is enrolled in terms of this Act; (b) a certificate signed by the registrar of every court in which the applicant is so enrolled that his name is still upon the roll of such court; (c) a certificate signed by the secretary of the society of each province in which the applicant is so enrolled that no proceedings are pending or contemplated to strike his name off the roll or to suspend him from practice; (e) 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 (f) proof to the satisfaction of the registrar that the fees prescribed by section 80(h) have been paid. |
| (3). | A registrar receiving an application referred to in subsection (1), shall place the name of the applicant on the roll of attorneys or of notaries or of conveyancers, as the case may be, kept by him in terms of section 21, unless an objection in writing against it is lodged with him by the secretary of the society concerned within 21 days from the date of receipt of the application by the registrar. |
| (4). | When the name of a practitioner has in terms of subsection (3) been placed by the registrar upon the roll of attorneys or of notaries or of conveyancers, as the case may be, he or she shall be entitled to practise and shall have all the rights and privileges and be subject to all the obligations which he or she would have had and to which he or she would have been subject if he or she had been admitted and enrolled by the court. |
| (5). | A notary or conveyancer shall not be enrolled in terms of this section unless he or she is also thus enrolled as an attorney. |
| 21. | Rolls of attorneys, of notaries and of conveyancers. — |
| (1). | The registrar of every court shall keep separate alphabetical registers in which he or she shall record the names of all attorneys, notaries and conveyancers admitted by such court and all names enrolled in terms of section 20, as well as the dates of admission or enrolment. |
| (2). | If a court order the striking off the roll or suspension from practice of any practitioner, the registrar shall forthwith enter a reference to such order opposite the name of the practitioner in the registers kept by him or her in terms of subsection (1), and shall forward copies of such order to the registrars of the other courts, the registrars of deeds appointed in terms of section 2 of the Deeds Registries Act, 1937 (Act 47 of 1937), and the secretaries of the various societies. |
| (3). | If a registrar of a court receives a copy of an order forwarded to him or her in terms of subsection (2), he or she shall forthwith, if the name of the practitioner concerned appears in the registers kept by him or her, enter a reference to that order opposite the name of such practitioner, and such entry shall in the area of jurisdiction of such court have the effect of removing such practitioner from the roll or suspending him from practice, as the case may be. |
| 22. | Removal of attorneys from roll. — |
| (1). | Any person who has been admitted and enrolled as an attorney may on application by the society concerned be struck off the roll or suspended from practice by the court within the jurisdiction of which he or she practises — (a)(i) if he or she is no longer a South African citizen; (ii)in the case of a person who is not a South African citizen, other than a person contemplated in subparagraph (iii), if he or she has failed to obtain a certificate of naturalisation in terms of the South African Citizenship Act, 1949 (Act 44 of 1949), within a period of six years form the date on which he or she was admitted to the Republic for permanent residence therein, or within such further period as the court may for good cause allow; (Sub-para. (ii) substituted by s.9 (a) of Act 108 of 1984) (iii)in the case of a person referred to in item (bb) of section 15 (1) (b) (ii), if he or she is no longer a citizen of any state referred to in that item, or has ceased to belong to a category of persons or to comply with conditions determined in terms of that item; (Sub-para. (iii) added by s.9 (b) of Act 108 of 1984) (b) in the case of a person referred to in section 13 (1) who is exempted from passing any examination, if he or she has failed to pass any examination in respect of which he or she is so exempted before the expiration of the period in respect of which he or she is so exempted or within such further period of the court may for good cause allow; (c) in the case of a person admitted and enrolled in terms of section 17, if it appears to the court that he or she is no longer resident or practising as an attorney or a solicitor in the country or territory in which he or she was admitted and enrolled on his or her admission and enrolment in the Republic or if the country or territory in which he or she was so admitted and enrolled is no longer a prescribed country or territory; (d) if he, in the discretion of the court, is not a fit and proper person to continue to practise as an attorney; or (Para. (d ) substituted by s.9 (c) of Act 108 of 1984) (e) if his or her estate has been finally sequestrated and he or she is unable to satisfy the court that despite his or her sequestration he or her is still a fit and proper person to continue to practise as an attorney. (Para. (e) added by s.53 of Act 129 of 1993) |
| (2). | (a) If it appears to the court that a person in respect of whom a society intends making an application under subsection (1), has left the Republic and that he or she probably does not intend to return to the Republic and that his or her whereabouts are unknown, the court may order that service on that person of any process in connection with such application may be affected by the publication of such process in an Afrikaans and an English newspaper circulating in the district in which the said person's last known business address, as entered in the records of the society concerned, is situated. (b) Any such process may, if the court so orders, be so published in a form as near as may be in accordance with Form 1 (Edictal Citation) of the First Schedule to the Supreme Court Rules. (Para. (b) added by s.12 of Act 87 of 1989) (c) Any process referred to in paragraph (b), shall before the publication thereof be approved and signed by the registrar concerned. (Sub-s. (2) added by s.4 of Act 76 of 1980. Para. (c) added by s.12 of Act 87 of 1989.) |
| 23. | Juristic person may conduct a practice. — |
| (1). | A private company may, notwithstanding anything to the contrary contained in this Act, conduct a practice if — (a) such company is incorporated and registered as a private company under the Companies Act, 1973 (Act 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 periods of office; (b) only natural persons who are practitioners and who are in possession of current fidelity fund certificates are members or shareholders of the company or persons having any interest in the shares of the company; (c) the name of the company consists solely of the name or names of any of the present or past members of the company or of persons who conducted, either for their own account or in partnership, any practice which may reasonably be regarded as a predecessor of the practice of the company: Provided that the words "and associates" or "and company" may be included in the name of the company. |
| (2). | Every shareholder of the company shall be a director of the company, and only a shareholder of the company shall be a director thereof. |
| (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/she or his/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 in which the company's registered office is situate, may approve. |
| (4). | No voting rights shall attach to any share held in terms of subsection (3), and the holder of any such share shall not act as a director of the company or receive, directly or indirectly, any director's fees or remuneration or participate in the income of or profits earned by the company in its practice. |
| (5). | If the articles of association of the company so provide, the company may, without confirmation by a court, upon such conditions as it may deem expedient, purchase any shares held in it, and the authorised share capital of the company shall not be reduced thereby. |
| (6). | Shares purchased in terms of subsection (5) shall be available for allotment in terms of the articles of association of the company. |
| (7). | Notwithstanding anything to the contrary contained in any other law, the articles of association of the company may provide that a member of the company may not appoint a person who is not a member of the company, to attend, speak or vote in his stead at any meeting of the company. |
| (8). | If the company ceases to conform to any requirement of subsection (1), it shall forthwith cease to practise, and shall, as from the date on which it ceases so to conform, not be recognised in law as a practitioner: Provided that the provision of this subsection shall not, during the period referred to or contemplated in subsection (3), apply to a company by reason only that a shareholder of the company or a person having any interest in the shares of the company has ceased to be a practitioner or to be in possession of a fidelity fund certificate. |
| (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 of such a company, as the case may be, unless the context otherwise indicates. |
| 24. | Applications in terms of this Chapter to be delivered to secretary of society concerned. — |
| 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 in which the court to which such applicant is made is situated, a copy of the application, together with copies of the other documents and papers referred to therein or connected therewith. |