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.
1 Amends section 47 of the Attorneys Act 53 of 1979 , as follows: paragraph (a) adds subsection (1) (g) ; and paragraph (b) adds subsections (4), (5), (6), (7), (8), (9) and (10).
2 Inserts section 47A in the Attorneys Act 53 of 1979.
3 Substitutes section 55 of the Attorneys Act 53 of 1979.
4 Amends section 62 (2) of the Attorneys Act 53 of 1979 by adding paragraph (b) , the existing subsection becoming paragraph (a).
5 Inserts section 84A in the Attorneys Act 53 of 1979.
Any practising practitioner contemplated in section 55 (a) (ii) of the principal Act who, at the commencement of this Act, is not in possession of a fidelity fund certificate must, within 21 days after that date and subject to the rules of the Law Society of the Transvaal relating to the issue of a fidelity fund certificate, apply for such a certificate.
Rules of court made under any provision amended by this Act which were in force immediately before the commencement of this Act, shall, subject to the provisions of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), and notwithstanding the amendment of that provision by subsection (4), remain in force until repealed in terms of the Rules Board for Courts of Law Act, 1985. 7 Short title and commencement http://juta/nxt/gateway.
Amendment of section 43 by the deletion of subsections (1), (2) (a) and (3).
The rules which immediately prior to the commencement of this Act applied in respect of the High Court referred to in section 44 (3) shall, notwithstanding the provisions of section 74 (1), apply mutatis mutandis in respect of the High Court of Transkei and shall be deemed to have been duly made, approved and published in terms of this section.'.
'(1) Subject to any contrary provision existing in any other law, the Judge President may make rules regulating the conduct of proceedings in the High Court and prescribing matters which may be necessary to prescribe in order to ensure the proper dispatch and conduct of the business of that Court, and may amend, substitute or withdraw any rule so made.'.
Any rules made by the Judge President under subsection (1) shall be http://juta/nxt/gateway.
ATTORNEYS AND MATTERS RELATING TO RULES OF COURT AMENDME Page 3 of 4 made known by notice in the Gazette.
The rules which immediately prior to the commencement of this Constitution applied in respect of the High Court referred to in section 42 (3) shall, notwithstanding the provisions of section 75 (1), apply mutatis mutandis in respect of the High Court of Venda and shall be deemed to have been duly made, approved and published in terms of this section.'.
'(3) Any rules of court of force immediately prior to the commencement of this Act under any law repealed by section 28 (1) shall, subject to the provisions of this Act, and notwithstanding such repeal, remain of full force and effect until amended, substituted or repealed under this section or any other law.'.
Amendment of section 11 by the deletion of subsection (2).