Government Gazette 14980 STATE PRESIDENT'S OFFICE No. 1281 20 July 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- NO.
To provide for the exemption of certain persons from certain requirements contained in the Admission of Advocates Act, 1964, and the Attorneys Act, 1979; and to provide for matters connected therewith.
"panel" means the panel appointed in terms of section 4.
exempt an applicant from a requirement referred to in section 3(2)(a)(i) of the the requirements for the degree referred to in section 2(1)(a) of the Attorneys Act, 1979 (Act No.
15(1)(b)(iv) or 18(1)(d) of that Act.
has indeed practiced as a legal practitioner in another country in the Supreme Court or the High Court of that country; or is entitled to practice as such on account of his academic qualifications, and practical training or examinations, whether or not such practical training or examinations were a prerequisite for the completion of the academic qualifications concerned.
Any person who claims an exemption in terms of section 2(1) may lodge a written application with the Minister for such exemption.
The Minister shall as soon as practicable submit such application together with any other relevant documents to the panel for consideration.
a judge of the Appellate Division of the Supreme Court of South Africa, or such a judge that has been discharged from active service under section 3(1)(a) or (b) of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act No.
one lecturer in law at a university in the Republic, after consultation with the Society of University Teachers of Law; and not more than two persons who, in the opinion of the Minister, have the necessary expertise to serve on the panel, to perform the functions assigned to the panel in terms of section 6.
The member of the panel referred to in subsection (1)(a) shall be the chairman of the panel.
Subject to the provisions of subsections (1) and (2), the Minister may from time to time designate a person to serve on the panel in the place of a member of the panel who for any reason is no longer able to serve on the panel.
A member of the panel who is not in the full-time service of the State shall in respect of his services as such member be paid such remuneration and allowances as may be determined by the Minister with the concurrence of the Minister of State Expenditure.
A meeting of the panel shall be held at such time and place as the chairman may determine.
The procedure at meetings of the panel shall, subject to the provisions of this section, be determined by the chairman of the panel.
The decision of the majority of the members of the panel present at any meeting thereof shall be the decision of the panel, and in the event of an equality of votes the chairman shall have a casting vote in addition to his deliberative vote.
If the panel is satisfied that an applicant satisfies the requirements referred to in section 2(2), the panel shall consider the application concerned together with any relevant documents submitted to the panel in terms of section 3.
the standard of training received by the applicant, correspond with the syllabus and standard of training which are normally required by a university in the Republic for the completion of a degree referred to in section 3(2)(a)(i) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or section 2(1)(a) of the Attorneys Act, 1979 (Act No.
the nature and extent of the legal practice of the applicant in that country; and the nature of the practical training or examinations referred to in section 2(2)(c)(ii).
The panel may for the purposes of its functions in terms of this section consult with any person, organization or institution before a recommendation in terms of subsection (4) is made.
whether the applicant should pass any supplementary examinations prescribed in terms of section 8; and inform the Minister in writing of its recommendation.
The administrative work incidental to the performance of the functions of the panel shall be carried out by officers of the Department of Justice designated for that purpose by the Director-General: Justice.
the supplementary examinations referred to in section 6(4)(a); and in general, any other matter which the Minister may consider necessary or expedient to prescribe in order to achieve or promote the objects of this Act, and the generality of this paragraph shall not be limited by the preceding paragraph.
(a) Section 3(2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), shall be so construed that a person who has been exempted from the provisions of that section under this Act shall be deemed to comply with the provisions of that section to the extent to which such exemption has been granted.
Any section of this Act shall, subject to the provisions of subsection (3), cease to have effect after the expiry of one year from the commencement of that section, but this shall not affect the previous operation of that section or any exemption granted in terms thereof.
The period mentioned in subsection (2) may be extended by the State President by proclamation in the Gazette for one year at a time: Provided that a second or subsequent extension shall only take place with the concurrence of Parliament.
This Act shall be called the Recognition of Foreign Legal Qualifications and Practice Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.