he 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.
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.
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.
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.
Unless such certificate has been obtained, the person concerned shall not make his application to the court.
Any person admitted and enrolled as an attorney, or a notary or conveyancer 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 was so admitted and enrolled to have his 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.
proof to the satisfaction of the registrar that the fees prescribed by section 80 (h) have been paid.
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.
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 shall be entitled to practise and shall have all the rights and privileges and be subject to all the obligations which he would have had and to which he would have been subject if he had been admitted and enrolled by that court.
If a court orders 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 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.
If a registrar of a court receives a copy of an order forwarded to him in terms of subsection (2), he shall forthwith, if the name of the practitioner concerned appears in the registers kept by him, 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.
if he, in the discretion of the court, is not a fit and proper person to continue to practise as an attorney; [Para. (d) substituted by s. 9 (c) of Act 108 of 1984.
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.
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.
Every shareholder of the company shall be a director of the company, and only a shareholder of the company shall be a director thereof.
Shares purchased in terms of subsection (5) shall be available for allotment in terms of the articles of association of the company.
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.
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 recognized in law as a practitioner: Provided that the provisions 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.
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.
[Heading substituted by s. 13 of Act 87 of 1989.
The fund established by section 8 of the Attorneys' Admission Amendment and Legal Practitioners' Fidelity Fund Act, 1941 (Act 19 of 1941), shall, notwithstanding the provisions of section 86, continue to exist under the name the Attorneys Fidelity Fund.
[S. 26 substituted by s. 3 of Act 60 of 1982 and by s. 15 of Act 87 of 1989.
'The Attorneys Fidelity Fund Board of Control'. [Sub-s. (1) substituted by s. 16 of Act 87 of 1989.
28 Constitution of board of control the serving presidents of all societies; and three members of each society elected annually by the council of the society. [Para. (b) substituted by s. 18 of Act 62 of 2000.
An elected member of the board of control shall hold office until his successor has been elected and, unless another is elected in his place in any year, he shall be deemed to have been re-elected.
If the chairman and vice-chairman are both absent from any meeting of the board of control, the board shall from among its number elect a chairman for that meeting.
The board of control shall meet at such times and places as it or its chairman may determine from time to time.
The board of control may appoint one or more committees to assist it in the carrying out of its duties, the performance of its functions and the exercise of its powers, may at any time increase or reduce the membership of any such committee and may fill any vacancy on any such committee.
The board of control may designate one of the members of a committee appointed by it in terms of paragraph (a) as chairman of that committee and, if no such designation is made, the members of that committee may from among their number elect a chairman.
The board of control may assign to a committee appointed by it in terms of subsection (1), such of its powers as it may deem fit, but shall not be divested of any power which it may have assigned to a committee, and may amend or withdraw any decision of any such committee.
[S. 34A inserted by s. 18 of Act 87 of 1989.
A resolution of the board of control contained in a writing and signed by all members of the board shall be valid although no meeting was held to pass that resolution.
The board of control shall appoint an actuary to determine on or before 31 March in any year the amount which in that actuary's opinion will be required during the next ensuing year ending on 31 December, for the purposes of the fund's obligations in terms of section 45, and such actuary shall furnish the board of control, on or before the firstmentioned date, with a certificate setting out the amount so determined.
The board of control shall within 30 days after receipt thereof submit such certificate to the Minister, and the Minister shall, after receipt of the said certificate, determine the amount which in his opinion will be required during the said ensuing year for the purposes referred to in subsection (1).
[S. 38 substituted by s. 2 of Act 80 of 1985.
The board of control may in its discretion enter into a contract with any person or company carrying on fidelity insurance business in the Republic whereby the fund will be indemnified to the extent and in the manner provided in such contract against liability to pay claims under this Act.
A contract referred to in subsection (1) shall be entered into in respect of practitioners generally.
Money paid by the insurer in accordance with such contract shall be paid into the fund for appropriation by the board of control.
enter into deeds of suretyship to the satisfaction of the Master of the Supreme Court so as to provide security on behalf of a practitioner in respect of work to be done by such practitioner as executor in the estate of a deceased person, or as trustee in an insolvent estate, or as curator to the person or property in the case of a person who is unable to manage his own affairs, or in any other similar capacity, or by any other person in such capacity where a practitioner acts as agent for the person concerned; and levy premiums and fees for the provision of such insurance or security, as the case may be.
[S. 40A inserted by s. 4 of Act 102 of 1991.
[S. 40B inserted by s. 14 of Act 55 of 2002.
A practitioner shall not practise or act as a practitioner on his own account or in partnership unless he is in possession of a fidelity fund certificate.
(3)(a) Upon receipt of the application referred to in subsection (1), the secretary of the society concerned shall, if he is satisfied that the applicant has discharged all his liabilities to the society in respect of his contribution and that he has complied with any other lawful requirement of the society, forthwith issue to the applicant a fidelity fund certificate in the prescribed form.
A fidelity fund certificate shall be valid until 31 December of the year in respect of which it was issued.
Any practitioner referred to in paragraph (a) who commences to practise on or after 1 July in any year shall in respect of that year pay half of the contribution which is payable in terms of that paragraph for that year.
A practitioner who applies under section 42 for the first time for a fidelity fund certificate shall pay to the fund, in addition to any contributions payable in terms of subsection (1), such single non-refundable contribution as the board of control may determine.
[S. 43 substituted by s. 15 of Act 55 of 2002.
[S. 44 substituted by s. 16 of Act 55 of 2002.
[Para. (bA) inserted by s. 20 (a) of Act 87 of 1989.
premiums payable in respect of contracts of insurance entered into by the board of control in terms of sections 40 and 40B; [Para. (d) substituted by s. 17 (a) of Act 55 of 2002.
[Para. (g) substituted by s. 20 (b) of Act 87 of 1989.
[Para. (j) substituted by s. 3 of Act 80 of 1985.
[Para. (a) deleted by s. 20 (c) of Act 87 of 1989.
the rate of interest shall not exceed the prevailing rate of interest prescribed under section 1 (2) of the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975).
pay an honorarium or compensation to any person for services rendered at the request of the board of control with the object of enhancing the professional standards of practitioners.
instructs the practitioner to invest all or some of that money in a specified investment or in an investment of the practitioner's choice. [Sub-s. (4) added by s. 1 (b) of Act 115 of 1998.
to utilise money to give effect to any term of a transaction to which that person is a party, other than a transaction which is a loan or which gives effect to a loan agreement that does not fall within the scope of paragraph (b).
[Sub-s. (5) added by s. 1 (b) of Act 115 of 1998.
Subsection (1) (g) does not apply to money which a practitioner is authorised to invest where the practitioner acts in his or her capacity as executor, trustee or curator or in any similar capacity.
[Sub-s. (6) added by s. 1 (b) of Act 115 of 1998.
[Sub-s. (7) added by s. 1 (b) of Act 115 of 1998.
For the purposes of subsection (7), the board of control shall issue directives prescribing the form and manner in which a notice referred to in that subsection shall be given and may from time to time review and, if necessary, revise such directives.
[Sub-s. (8) added by s. 1 (b) of Act 115 of 1998.
on conviction be liable to a fine or to imprisonment for a period not exceeding two years. [Sub-s. (10) added by s. 1 (b) of Act 115 of 1998.
repayment is subject to the lender making a demand or is subject to the occurrence of an impossible or uncertain event; or the repayment date is not fixed.
[S. 47A inserted by s. 2 of Act 115 of 1998.
If the board of control is satisfied that, having regard to all the circumstances, a claim or the proof required by the board has been lodged or furnished as soon as practicable, it may in its discretion extend any of the periods referred to in subsection (1).
On payment out of the fund of money in settlement in whole or in part of any claim under this Act, the fund shall be subrogated to the extent of such payment to all the rights and legal remedies of the claimant against any practitioner or any person in relation to whom the claim arose, or in the event of his death or insolvency or other legal disability, against any person having authority to administer his estate.
If the fund at any time has insufficient assets to settle all claims and judgments, such claims and judgments shall, to the extent to which they are not settled, be charged against future revenue of the fund.
The person who holds office as State Attorney in terms of section 2 (1) (a) of the State Attorney Act, 1957 (Act 56 of 1957), shall be a member of every society.
If a member of any society is suspended from practice he shall during the period of such suspension not be entitled to the rights or privileges of membership of any society, and if a member of any society is struck off the roll of any court, such member shall cease to be a member of every society of which he is a member.
The provisions of this section shall not apply in respect of any person who is in terms of the Natal Conveyancers Act, 1926 (Act 24 of 1926), entitled to practise as a conveyancer, but who is not an attorney.
A council shall consist of such number of members of the society concerned as may be prescribed.
The members of a council shall be elected in the prescribed manner by the members of the society concerned.
A member of a council shall hold office for the prescribed period.
When a member of a council vacates his office before the expiration of the prescribed period of office, the council may appoint a member of the society to fill the vacancy for the unexpired portion of such period of office.
A council may in the prescribed circumstances and manner suspend from office any member of that council and may in such case appoint any member of its society to act during the period of suspension in the place of the member so suspended.
A council shall from among its members elect a president and one or more vicepresidents, who shall respectively also be the president and vice-presidents of the society concerned and who shall hold office for the prescribed periods.
If for any reason the president is absent or unable to perform his functions as president, the vice-president or, if there is more than one vice-president, such vicepresident as the council may determine, shall act as president, and such vice-president shall while so acting have all the powers and perform all the functions of the president.
A meeting of a council shall be convened in the manner prescribed and shall be held at a time and place prescribed or determined in the manner prescribed.
If the president and the vice-president or, if there is more than one vicepresident, all vice-presidents, are absent from or unable to preside at any meeting of a council, the members of the council present at that meeting shall elect one of their number to preside at such meeting during such absence or inability, and the person so elected shall while so presiding have all the powers and perform all the functions of the president.
The decision of the majority of the members of a council present at a meeting of the council shall be the decision of the council: Provided that in the event of an equality of votes on any matter before such meeting, the person presiding at such meeting shall have a casting vote in addition to his deliberate vote.
The method and procedure of voting at meetings of a council shall be determined by that council.
A council may appoint any member of its society as an alternate to attend on behalf of any member any meeting of the council which such member is unable to attend, with the power to vote at any such meeting.
No decision taken by a council or act performed under authority of a council shall be invalid by reason only of the existence of a vacancy on that council or of the fact that a person who was not entitled to sit as a member of the council, sat as a member of the council, if the decision was taken or the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.
A council may appoint one or more committees to assist it in the carrying out of its duties, the performance of its functions and the exercise of its powers, may at any time increase or reduce the membership of any such committee and may fill any vacancy on any such committee.
Any committee referred to in paragraph (a) shall consist of members of the council concerned or of members of the society concerned or of members of such council as well as of members of such society.
A council may designate one of the members of a committee appointed by it in terms of paragraph (a) as chairman of that committee and, if no such designation is made, the members of that committee may from among their number elect a chairman.
A council may assign to a committee appointed by it in terms of subsection (1), such of its powers as it may deem fit, but shall not be divested of any power which it may have assigned to a committee, and may amend or withdraw any decision of any such committee: Provided that if a council has assigned to a committee the power to enquire into any case of alleged unprofessional or dishonourable or unworthy conduct and to impose any punishment in respect thereof in accordance with section 72, the council shall not amend or withdraw any decision arrived at or anything done by such committee in terms of the power so assigned.
A council may require any committee appointed in terms of subsection (1) either generally or specially to enquire into and to advise the council on any matter in connection with the duties, functions or powers of the society or the council.
[Para. (f) substituted by s. 23 (a) of Act 87 of 1989.
do anything which is required for the proper and effective carrying out of its duties, the performance of its functions or the exercise of its powers. [Para. (p), previously para. (o), renumbered by s. 5 (b) of Act 102 of 1991.
A council may for the purposes of an enquiry under section 71 or in order to enable it to decide whether or not such an enquiry should be held, direct any practitioner to produce for inspection, either by the council itself or by any person authorized thereto by the council, any book, document, record or thing which is in the possession or custody or under the control of such practitioner and which relates to his practice or former practice.
A council may in the prescribed manner inquire into cases of alleged unprofessional or dishonourable or unworthy conduct on the part of any attorney, notary or conveyancer whose name has been placed on the roll of any court within the province of its society, whether or not he is a member of such society, or of any person serving articles of clerkship or a contract of service with a member of its society, or of any former candidate attorney referred to in section 8 (4).
A summons referred to in paragraph (a) shall be served in the same manner as a summons for the attendance of a witness at a civil trial in a magistrate's court.
In connection with the interrogation of any person who has been summoned under this section or the production by such person of any book, document, record or thing, the law relating to privilege as applicable to a witness summoned to give evidence or to produce a book, document, record or thing in a civil trial before a court of law shall apply.
A council conducting an enquiry in terms of this section may, if the conduct enquired into forms or is likely to form the subject of criminal or civil proceedings in a court of law, postpone the enquiry until such proceedings have been determined.
impose upon him or her a fine not exceeding R20 000; or by s. 17 of Act 115 of 1993 and by s. 13 of Act 204 of 1993 and substituted by s. 19 of Act 66 of 2008.
A person who has been found guilty in terms of section 72 may within a period of thirty days of the date of the council's decision appeal to a competent court against that finding by lodging with the registrar of that court a notice of appeal setting out in full his grounds of appeal.
An appeal in terms of subsection (1) shall be prosecuted as if it were an appeal from a judgment of a magistrate's court in a civil matter, and all rules applicable to such last-mentioned appeal in respect of the hearing thereof shall mutatis mutandis apply to an appeal under this section.
confirm that finding, but set that punishment aside, and impose in its place such punishment as could have been imposed by the council concerned.
[Para. (dA) inserted by s. 9 of Act 55 of 2003.
any matter not provided for in this section which by this Chapter is required or permitted to be prescribed; and generally, all matters which the council considers it necessary or expedient to prescribe in order that the purposes of this Chapter may be achieved.
Any rule referred to in subsection (1) shall be made with the approval of the Chief Justice of South Africa and, if the Chief Justice is of the opinion that the interests of the public would be adversely affected by the provisions of any such rule, with the approval of the State President.
the council has consulted with the judge president of every provincial division in the province of its society and with the chief justice of every high court in such province.
No action for damages shall lie against any society, council, member of a council, official or employee of any society or any person with whom a council has concluded any agreement referred to in section 59 (g) (ii), in respect of anything done in good faith in terms of this Act.
Any society may, by any person authorized thereto in writing by his president, institute a prosecution for any offence in terms of this Act or of any regulation made thereunder, and the provisions of the laws relating to private prosecutions shall apply to such prosecution as if a society is a public body.
Any person who exercises in Transkei or Ciskei a legal profession equivalent to that of a practitioner, shall be a member of the society known as the Law Society of the Cape of Good Hope, if such person is in terms of a law of Transkei or Ciskei, as the case may be, permitted to be a member of that society.
[S. 77 substituted by s. 2 of Act 116 of 1981.
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.
Any banking institution or building society at which a practitioner keeps his trust account or any separate account forming part of his 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.
This section shall not apply to the State Attorney or a member of his professional staff.
[S. 78 amended by s. of Act 103 of 1983 and by s. 6 of Act 80 of 1985 and substituted by s. 28 of Act 87 of 1989.
[Para. (bA) inserted by s. 10 (b) of Act 108 of 1984.
the completion of legal practice management courses as contemplated in section 13B. [Para. (i) added by s. 10 of Act 55 of 2003. (bA) inserted by s. 7 (b) of Act 80 of 1985.
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.
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.
[Para. (d) substituted by s. 13 of Act 104 of 1996.
any other matter considered necessary for giving effect to the provisions of this Act, excluding Chapters II and III.
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 Magistrates' 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. (5) substituted by s. 30 (b) of Act 87 of 1989.
[Para. (a) amended by s. 30 (d) of Act 87 of 1989.
Any person who directly or indirectly purports to act as a practitioner or to practise on his 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.
[Para. (f) amended by s. 1 of Act 49 of 1996.
[Para. (g) amended by s. 1 of Act 49 of 1996.
NB: In terms of s.
Commuter Corporation Limited.
Subsection (8) shall not in any way affect the provisions of the Natal Conveyancers Act, 1926 (Act 24 of 1926).
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.
[S. 84 substituted by s. 3 of Act 116 of 1981.
be, by section 22 (1) (d) or (e), (2), 67 (2), 69 (a), (e) or (m), 70, 71, 72, 73, 74 (1) (a), (e) and (f), 78, 81 (1) (e) and (f), (2) (a), (d), (e), (i) or (j), (5) or 83 (9), (13) or (15).
[S. 85 repealed by s. 1 of Act 49 of 1996.
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.
Any person referred to in subsection (5) of the said section 34 shall receive from his 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 had appeared himself.
The provisions of section 8 (3) of this Act shall mutatis mutandis apply in respect of an articled clerk referred to in subparagraph (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.
The expression 'Lower Courts Act' has been substituted for the expression 'Magistrates' Courts Act', wherever it occurs.
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting the words preceding paragraph (a) and paragraph (a).
Amends section 22 of the Attorneys Act 53 of 1979 by adding subsection (2), the existing section becoming subsection (1).
Amends section 81 (1) of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes paragraph (a); paragraph (b) substitutes paragraph (b); and paragraph (c) adds paragraph (j).
This Act shall be called the Attorneys Amendment Act, 1981, and shall come into operation on the date of commencement of the Status of Ciskei Act, 1981.
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 17 of the Attorneys Act 53 of 1979, as follows: paragraph (a) deletes the word 'and' at the end of paragraph (b); and paragraph (b) inserts paragraph (bA).
[Date of commencement of s. 3: 30 April 1982.
Amends section 81 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (b).
Amends section 78 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (3); and paragraph (b) substitutes subsection (4).
Amends section 3 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (h).
Amends section 11 (3) of the Attorneys Act 53 of 1979 by substituting the words preceding paragraph (a).
Amends section 13 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (b); and paragraph (b) substitutes subsection (3).
Amends section 80 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes the words preceding paragraph (a); and paragraph (b) inserts paragraph (bA).
This Act shall be called the Attorneys Amendment Act, 1984.
ACT To amend the Attorneys Act, 1979, so as to replace an obsolete expression; to further regulate the investment of money in and payments from the Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund; to make further provision with regard to the payment of grants and honoraria from the said fund; and to increase the maximum fines which may be imposed by the council of a law society; and to provide for matters connected therewith.
Amends section 45 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (j). [Date of commencement of s. 3: 1 June 1979.
[Date of commencement of s. 4: 1 March 1986.
Amends section 72 (1) of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes paragraph (a) (i); and paragraph (b) substitutes paragraph (b) (ii).
Amends section 78 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (4); paragraph (b) substitutes subsection (5); and paragraph (c) substitutes in subsection (6) the words preceding paragraph (a).
Section 3 shall be deemed to have come into operation on 1 June 1979.
ACT To amend the Attorneys Act, 1979, so as to replace the designation 'articled clerk' with 'candidate attorney'; to redefine 'building society'; to define 'trust account'; to make other provision relating to the engagement and service of candidate attorneys; to further regulate the admission and readmission of attorneys and the removal of attorneys from the roll; to change the name of the Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund; to make further provision relating to the convening of meetings of the board of control of the said fund; to authorize the said board of control to appoint committees; to further regulate payments from the said fund; to extend the powers of the councils of law societies; to further regulate the keeping of a trust account by a practising practitioner; to increase various maximum fines; and to rectify certain incorrect or obsolete references; to amend the Magistrates' Courts Act, 1944, so as to make other provision in relation to the appearance of candidate attorneys in magistrates' courts; and to provide for matters connected therewith.
Amends section 5 of the Attorneys Act 53 of 1979 by substituting subsection (2).
Substitute respectively sections 6, 7, 8 and 9 of the Attorneys Act 53 of 1979.
Amends section 11 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Substitute respectively sections 25 and 26 of the Attorneys Act 53 of 1979.
Substitutes section 37 of the Attorneys Act 53 of 1979.
Amends section 55 of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 72 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Amends section 74 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 83 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (4); paragraph (b) substitutes subsection (5); paragraph (c) substitutes subsection (7); paragraph (d) substitutes in subsection (8) (a) the words following subparagraph (v); paragraph (e) substitutes subsection (9); paragraph (f) substitutes subsection (10); and paragraph (g) substitutes in subsection (15) (a) the words following subparagraph (iv).
Amends the 'ARRANGEMENT OF SECTIONS' of the Attorneys Act 53 of 1979 by substituting the words 'Fidelity Fund' for the words 'Fidelity Guarantee Fund'.
This Act shall be called the Attorneys Amendment Act, 1989, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
ACT To amend the Attorneys Act, 1979, so as to regulate the registration of articles entered into by advocates; and to provide for incidental matters.
regulate the powers of the council of a law society; and to provide for matters connected therewith.
Amends section 3 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (e); paragraph (b) inserts subsection (1) (f); paragraph (c) substitutes subsection (1) (i) (i); and paragraph (d) substitutes subsection (3) (a) and (b).
Amends section 6 (1) of the Attorneys Act 53 of 1979 by deleting the word 'or' at the end of paragraph (a), by adding the word 'or' at the end of paragraph (b), and by adding paragraph (c).
This Act shall be called the Attorneys Amendment Act, 1991, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amends section 1 of the Attorneys Act 53 of 1979, as follows: paragraph (a) inserts the definition of 'appropriate legal experience'; paragraph (b) inserts the definition of 'community service'; paragraph (c) substitutes the definition of 'candidate attorney'; paragraph (d) inserts the definition of 'contract of service'; paragraph (e) substitutes the definition of 'principal'; and paragraph (f) deletes the definitions of 'province', 'Republic' and 'Territory'.
Substitutes section 5 of the Attorneys Act 53 of 1979.
Amends section 8 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (ii); and paragraph (b) substitutes subsection (4) (a).
Amends section 14 of the Attorneys Act 53 of 1979 by substituting subsection (3).
Amends section 56 of the Attorneys Act 53 of 1979 by deleting paragraph (e).
Amends section 71 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Amends section 72 (1) (b) of the Attorneys Act 53 of 1979 by substituting subparagraph (i).
Amends section 81 (1) of the Attorneys Act 53 of 1979 by inserting paragraph (b).
ACT To amend the Attorneys Act, 1979, so as to limit liability of the Attorneys Fidelity Fund; to insert transitional provisions relating to liability of the Attorneys Fidelity Fund for investments; to extend the jurisdiction of the Attorneys Fidelity Fund to practitioners in the areas of the former Republics of Bophuthatswana and Venda; to further regulate the filling of a vacancy on the council of a society; and to empower the Law Society of the Transvaal to exercise certain powers in respect of practitioners practising in the areas of the former Republics of Bophuthatswana and Venda; to amend certain laws; to make fresh provision with regard to the Rules of the High Court in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; and to provide for matters connected therewith.
Amends section 62 (2) of the Attorneys Act 53 of 1979 by adding paragraph (b), the existing subsection becoming paragraph (a).
Notwithstanding section 55 of the principal Act, as amended by section 3 of this Act, the Attorneys Fidelity Fund does not incur any liability, in respect of any practising practitioner referred to in section 55 (a) (ii) of the principal Act, for any theft committed prior to the day upon which he or she becomes the holder of a valid fidelity fund certificate as contemplated in subsection (1) and issued in terms of section 42 (3) of the principal Act.
Notwithstanding any other law, section 83 (10) of the principal Act applies to any practising practitioner who fails to comply with subsection (1) after 60 days have elapsed from the date on which this Act takes effect.
The laws mentioned in the second column of the Schedule are amended to the extent indicated in the third column thereof.
This is the Attorneys and Matters relating to Rules of Court Amendment Act, 1998, which takes effect on a date fixed by the President by proclamation in the Gazette.
Subject to the provisions of subsection (2) the Judge President may make rules regulating the conduct of proceedings in the High Court and prescribing any matter whatsoever which is necessary to prescribe in order to ensure the proper despatch and conduct of the business of the court.
Any rules made by the Judge President under subsection (1) shall be made known by notice in the Gazette.
By the deletion of Chapter II.
Subject to the provisions of subsection (2) the Judge President may make rules regulating the conduct of proceedings of the divisions of the High Court of Ciskei and prescribing any matter whatsoever which is necessary to prescribe in order to ensure the proper despatch and conduct of business of such courts.
Any rules of court made under any law repealed by section 39 and in force immediately prior to the commencement of this Decree shall, notwithstanding such repeal, remain of full force and effect until amended, substituted or withdrawn in terms of this section or any other law.'.
President Zuma delivered his address at the Jacob Zuma Foundation Fundraising Gala Dinner held at Westcliff Hotel, Johannesburg.
"We make the road by walking" is a line from a poem by a Spanish poet, Antonio Machado. This line was also used as the title for a book on education and social change by Paulo Freire and Myles Horton.
It paints a powerful image that embodies how change takes place. Meaningful change is a slow and step by step process. Those embarking on the journey of change do not have to have all the answers upfront. They need only have a conviction that a better world is possible and take each step with the understanding that it is leading them towards such a world.
Those making a path do not have to have a vision of a six lane highway some day. They only need to be convinced of the need to go forward, and as they do many follow in their footsteps, thus making a path which some day becomes a road, and later a highway.
In many ways this line "we make the road by walking" captures our experience. We have travelled a path not trodden before for there was no blueprint for how a country with a history such as ours goes about remaking itself. Indeed, we have made the road by walking.
It is instructive to note that walkers are very flexible. When an obstacle is placed on their way or fence is erected, they walk around it and continue walking. They neither sit down and moan nor go back for they know they have not yet reached the end of their journey.
Yes, there have been obstacles, but we have soldiered on. At times the challenges have sought to dampen our spirits and cause us to despair but the knowledge of the distance already covered has inspired us to continue. The knowledge that each step we take brings us closer to our goal has spurred us on.
I would probably be the first to admit that as a government collective - across the three spheres (and I happen to be of the view that spatial planning works better with "tiers" than "spheres") we have, as walkers, tended to side-step the obstacle. We have been aware of the ravages of apartheid spatial planning forever - this was my bread-and-butter as a fulltime civic activist from 1981. Apartheid space, as defined by the Group Areas Act, the Bantustans and forced removals was the fuel to mass-based struggles. Finding solutions was the catalyst to the formation of planning NGO's from the late 1980's. We even tested the commitment of World Bank staffers to collaborate with us in an information exchange by studies on land use, space and the functioning of cities in 1992. We cannot pretend to have been ignorant of the obstacle. We do, however, need to explain - at least to ourselves - why we circumvented the obstacle.
How far have we come?
It is hardly necessary for me to recount what we have achieved collectively as people of this country. We have built houses to provide shelter for millions of our fellow citizens; connected millions of households to the electricity grid; and ensured that million more have access to safe drinking water. And, sanitation has improved for many. The cynics would argue that we allowed developers to maximise their returns by building in the wrong places - but the building happened!
Today is another important milestone. We want a fork in the road and to force a choice about space. In what has been a long journey since 1994, we knew then as we do now that undertaking a massive reconstruction project such as ours requires proper planning.
BUT the planning rules we found were intended to achieve the very outcomes we now want to reverse. The Constitution has not been kind to the planning function either - Schedules 4 A & B, and 5 A & B - are the nightmare of spatial planners.
In 1995 we enacted the Development Facilitation Act as an interim mechanism to facilitate the development of low-cost housing. This was a ground-breaking piece of legislation which introduced principle-based planning into our system.
The DFA was a major departure from the dated control based planning regime embodied in the Provincial Planning Ordinances of the by-gone era.
In 1997 the Government of National Unity adopted the Urban Development Strategy, the Rural Development Framework. In 1998, the White Paper on Local Government which set in place some of the foundations of our post-apartheid planning system became policy.
Investigations into ways of improving spatial planning resulted in the 2001 White Paper on Spatial Planning and Land Use and the National Spatial Development Perspective.
A number of policy and legislative initiatives remain incomplete. The Land Use Management Bill remains incomplete as is the National Urban Development Framework, the draft of which was submitted to Cabinet by the Department of Cooperative Governance last year.
Cabinet could not finalise the National Urban Development Framework due to the reconfiguration of government and creation of new departments and institutions that was underway at the time.
The very creation of new departments, and agencies such as the National Planning Commission; the reassignment of mandates of some; and renaming of others is yet again evidence of the very fact that we have continued walking and working.
What is the mandate of the National Planning Commission?
The journeying metaphor is also invoked in the mandate of the NPC. The NPC is given a mandate by the President to develop a vision (or describe a desired destination) for the country and a plan of how to get there.
We are also to "lead investigations into critical long term trends" policy and practices in the present that have the potential to the make it difficult to reach our long-term vision. One such area is spatial planning.
Spatial planning is central to the realisation of many objectives we would like to achieve as a nation. If we are to craft a meaningful vision we need to make sure that we have a shared spatial planning perspective and system that supports the direction in which we wish to go.
Humanity is facing one of the most daunting challenges it has ever had to face - climate change. To avert the man-made catastrophe, we have to change our consumption patterns, the way we live, our means of transport, how we prepare our meals, the energy-intensity of our economy, and the amount of water we use.
All of this will require of us to plan differently. We need to rethink the compactness and density of our cities. For the sake of grandchildren, we need to preserve our finite resources; we have to set ourselves some spatial norms to guide us.
These changes are not going to happen by themselves - they need to be planned for in advance. The National Planning Commission is gathering the necessary evidence successfully to undertake this mandate.
If planning is to be meaningful, it needs to be rooted in reality. So let us remind ourselves about the challenges we face.
We are a country of vast inequalities in incomes, quality of services, levels of education and skills and employment opportunities.
The life-chances of many people are determined by factors over which they have no control, such as where they are born.
Being born in a former Bantustan, to a labour tenant on a farm, in one of the informal settlements dotted around our cities, or in one of the "new towns" created by the low-cost houses can determine what becomes of a person many years later.
It is in these areas that people with lowest income levels are found; where access to basic services remains a challenge; where the quality of education and heath services is weakest; where employment opportunities are severely limited.
Everyday, every week and every month, South Africans are on the move. They move between places of residence and areas of work.
Driving through rural villages it is not uncommon to see scores of children in their uniforms along the road walking long distances to school. Those who are lucky to have working parents, are only likely to see them once a week or month because they work far away from home.
We have a spatial distribution that is better suited for middle income families who have private vehicles, yet we have a large number of people who depend on public transport. This imposes a heavy burden on the poor as well as on the government; while the long commuting hours impacts on individual productivity.
There is this often told anecdote that government spends approximately R15 000 per month per person in transport subsidies for people in the former KwaNdebele area to bring them to Pretoria to earn R2000 per month as domestic workers. This cannot be the most efficient use of limited public resources.
Addressing spatial inefficiencies is not only a redress imperative, it is important for the economy as well. To be productive, firms need all production inputs of the highest quality and consumer markets within reasonable distances to reduce costs.
Why has this situation persisted?
A combination of factors has conspired to make it difficult to for us to address the challenges we are so acutely aware of.
They include some of the ambiguity in the Constitution regarding the assignment of responsibility for planning. For example, regional planning and development are listed in schedule 4 as functional areas of concurrent national and provincial legislative competence; as is urban and rural development. Provincial planning is set out as a functional area of exclusive provincial competence.
These concepts are not defined anywhere in our laws, and this has led to multiple interpretations that have resulted in paralysis. It has taken the Constitutional Court to rule on what constitutes municipal planning.
This and the failure to conclude the Land Use Management Bill has frustrated development. The existence of parallel legislation which duplicates planning approval processes, causing unnecessary delay has contributed to the frustration.
Coordination of investment has been the major casualty of this lack of clarity of roles and responsibility.
Increasingly, it is becoming clear that the absence of a spatial vision for the country has led to pulling in different directions among departments tasked with spatial planning. We draw different policy conclusions from the same set of data because there is no agreed vision that guides us in the interpretation of the data.
If we are to give meaning to this universal truth that "human life has equal worth" we have got to act differently. This requires of us to subject our actions to one test. Do they contribute towards improving the life for all our people Do they support employment creating economic growth and development so that our youth can find employment and in the end agree that indeed human life has equal worth?
The test of our actions should not be what the policies we make do for careers of individuals or how much power they give to which departments. It should be about affirming the equal worth of each human life.
Can we put aside everything else and agree on a direction that is good for this country Are we capable of agreeing on a vision for this country that gives everyone a fair chance to improve their lives?
To return to the journeying metaphor, do we have the flexibility of a walker to change or go around when there is an obstacle ahead of us Or will we keep fight among ourselves and blame each other for an obstacle none of us are responsible for Needless to say, if we choose the latter, we will go nowhere?
Today's seminar is convened by the National Planning Commission. In addition, we have met as Ministers responsible for Human Settlements; Rural Development and Land Reform, Cooperative Governance and Traditional Affairs and National Planning Commission and have agreed that we need to provide leadership.
I subsequently met with Minister Sonjica, who also agrees with us. Given the cross-cutting nature of spatial planning, we will in the fullness of time draw in other departments, especially those involved in infrastructure and economic development.
Allow me to pause here and thank my colleagues, Minister Sexwale, Minister Nkwinti, Minister Shiceka and Minister Sonjica for sharing the view of the Commission that urgent attention needs to focus on spatial planning. Although this is only a start of the process on the part of the Commission, it is important to emphasise that it is a collaborative effort from our respective Ministries.
We believe it is important to put in place a set of spatial norms that will guide the work of the various departments, agencies and spheres as well as serve as a coordinating framework.
By end of today we hope to reach some agreement on the basic elements of a way forward, including a high-level vision for spatial planning, a set of spatial norms and principles, key instruments to drive spatial planning and who will lead on the various aspects of developing this work going forward.