To regulate by Act of Parliament the right of advocates and attorneys to appear in courts in the Republic, and to extend the existing right of attorneys so to appear; and to provide for matters connected therewith.
'Supreme Court' means the Supreme Court of the Republic of South Africa contemplated in section 101 of the Constitution.
Any advocate shall have the right to appear on behalf of any person in any court in the Republic.
Any attorney shall have the right to appear on behalf of any person in any court in the Republic, except the Supreme Court and the Constitutional Court.
Any attorney who wishes to acquire the right to appear on behalf of any person in the Supreme Court may apply to the registrar of a provincial division of the Supreme Court in the manner provided for in section 4 (1).
Any attorney who has acquired the right of appearance in the Supreme Court may also appear in the Constitutional Court.
An attorney who has been granted the right of appearance in the Supreme Court shall also be entitled to discharge the other functions of an advocate in any proceedings in the Supreme Court.
a certificate signed by the secretary of the said law society to the effect that no proceedings to strike the applicant's name off the roll of attorneys, or to suspend him or her from practice as an attorney, have been instituted by that law society.
If the registrar is satisfied that an application referred to in subsection (1) complies with the provisions of this Act, he or she shall issue a certificate to the effect that the applicant has the right of appearance in the Supreme Court.
Section 21 of the Attorneys Act, 1979 (Act 53 of 1979), which requires rolls of attorneys to be kept, shall apply mutatis mutandis in respect of attorneys who have been granted the right of appearance in the Supreme Court.
An attorney who has been granted the right of appearance in terms of this section shall be entitled to appear in any court throughout the Republic. [Sub-s. (4) inserted by s. 7 of Act 22 of 2005.
The court of any division of the Supreme Court may upon application of any person order the withdrawal or suspension of an attorney's right of appearance in the Supreme Court if the court is satisfied that he or she is not a fit and proper person so to appear: Provided that if such an application is not brought by the law society of which that attorney is a member, due notice of such an application shall also be given to the law society concerned.
Court has been withdrawn or suspended, and upon submission by such attorney of proof that the person who brought the application, and the law society concerned, if applicable, have been notified of the application, grant to such attorney the right so to appear if that court is satisfied that the grounds for the withdrawal or suspension no longer exist and that such attorney is a fit and proper person to have such a right.
An attorney who has not acquired the right to appear on behalf of any person in the Supreme Court or an attorney whose right so to appear has been withdrawn or suspended, may not appear in the Supreme Court or hold himself or herself out as, or pretend to be, or make use of any name, title, addition or description implying or tending to induce the belief that he or she is an attorney who has the right so to appear in the Supreme Court.
An attorney who contravenes subsection (1) shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment, and any contravention of that subsection by an attorney shall, in addition, constitute unprofessional conduct.
This Act shall be called the Right of Appearance in Courts Act, 1995, and shall come into operation on a date fixed by the President by proclamation in the Gazette.