To provide for the admission of persons to practise as advocates of the Supreme Court of South Africa and for matters incidental thereto.
'matriculation examination' [Definition of 'matriculation examination' inserted by s. 1 (a) of Act 106 of 1991 and deleted by s. 1 (a) of Act 55 of 1994.
[Definition of 'Republic' deleted by s. 1 (b) of Act 55 of 1994.
'special course' Definition of 'special course' inserted by s. 1 (b) of Act 106 of 1991 and deleted by s.
of Act 55 of 1994.
'the territory' [Definition of 'the territory' deleted by s. 1 (d) of Act 55 of 1994.
After the commencement of this Act no person shall be admitted to practise as an advocate save in accordance with the provisions of this Act.
Any application pursuant to the provisions of this Act shall be made in the manner prescribed in the rules.
[Para. (d) substituted by s. 16 (a) of Act 29 of 1974.
[Para. (e) deleted by s. 16 (b) of Act 29 of 1974.
[Item (aa) substituted by s. 1 of Act 78 of 1997.
[Para. (a) amended by s. 1 of Act 73 of 1965, substituted by s. 1 of Act 39 of 1977, amended by s. 1 (b) of Act 60 of 1984 and by s. 1 of Act 17 of 1987 and substituted by s. 2 of Act 106 of 1991, by s. 2 (a) of Act 55 of 1994 and by s. 1 of Act 33 of 1995.
has satisfied all the requirements for the said degree and the said degree of baccalaureus legum.
any person employed in the office of the State Attorney, or in any branch thereof, established under the State Attorney Act, 1957 (Act 56 of 1957).
[Para. (b) substituted by s. 2 (b) of Act 55 of 1994.
[Sub-s. (3) amended by s. 16 (c) of Act 29 of 1974.
Any person who is admitted and authorized to practise and to be enrolled as an advocate in terms of subsection (1), shall be enrolled as an advocate on the roll of advocates.
Any person whose name appears on the roll of advocates of any division at the commencement of this Act, whether or not the admission or enrolment of any such person as an advocate has been or is subject to any conditions, shall be deemed to have been unconditionally admitted to practise and authorized to be enrolled as an advocate in terms of subsection (1) of section three , subject to the terms of any order of court whereby any such person has been suspended from practice as an advocate.
Every person who in terms of subsection (1) is deemed to have been admitted and authorized to practise and to be enrolled as an advocate, shall be enrolled as an advocate on the roll of advocates, and for that purpose the registrar of every division shall as soon as possible after such commencement furnish the Director-general: Justice with the name of every person whose name appears on the roll of advocates of such division and with particulars of the order of court whereby every such person was admitted to practise as an advocate and of any order of court, if any, whereby any such person has been suspended from practice as an advocate.
[Sub-s. (2) amended by s. 4 (a) of Act 55 of 1994.
that no proceedings are pending or contemplated to have him suspended from practice or to have him struck off the roll of advocates of the said Supreme or High Court.
Any notice published in the Gazette under subsection (1) whereby any country or territory has been designated for the purposes of this section, may at any time be withdrawn by the Minister by a subsequent notice in the Gazette , and thereupon any country or territory referred to in such first mentioned notice shall cease to be a designated country or territory.
Any person who has been or is deemed to have been admitted to practise as an advocate in terms of any provision of this Act, shall be entitled to practise as an advocate throughout the Republic unless his name has been ordered to be struck off the roll of advocates or unless he is subject to an order suspending him from practice as an advocate.
[Sub-para. (ii) substituted by s. 2 (a) of Act 60 of 1984.
[Sub-para. (iii) added by s. 2 (b) of Act 60 of 1984 and deleted by s. 3 (a) of Act 55 of 1994.
[Para. (b) substituted by s. 2 of Act 73 of 1965 and deleted by s. 2 of Act 33 of 1995.
on his own application.
1957 (Act 56 of 1957). [Sub-s. (2) substituted by s. 3 (b) of Act 55 of 1994.
Any person having chambers in any place shall be deemed for the purposes of subsection (2) to be a person usually practising in that place.
Any person who has been suspended from practice as an advocate under this Act or any other law, whether before or after the commencement of this Act, shall for the duration of such suspension, and any person whose name has been ordered under this Act or any other law to be struck off the roll of advocates, shall, while his name remains removed from the said roll, not be entitled to practise as an advocate.
Upon receipt of the order of a court of any division whereby the name of any person has been ordered under this Act or any other law to be struck off the roll of advocates, the Director-general: Justice shall cause the name of such person to be removed from the said roll.
[Sub-s. (5) amended by s. 4 (a) of Act 55 of 1994.
The registrar of the division which makes an order admitting and authorizing any person to practise and to be enrolled as an advocate or ordering under this Act or any other law that the name of any person be struck off the roll of advocates or suspending under this Act or any other law any person from practice as an advocate, shall immediately after the making of such order forward a certified copy thereof to the Director-general: Justice.
Any document purporting to have been issued by the Director-general: Justice whereby it is certified that any person has been admitted to practise as an advocate or that any person has been suspended from practice as an advocate or that the name of any person has been removed from the roll of advocates, shall on its mere production be prima facie proof of the facts stated therein.
such other particulars as the Minister may direct.
[S. 8 amended by s. 4 (a) of Act 55 of 1994.
The President may at the request of any person appointed as a senior counsel of the Republic while in the service of the State, withdraw such appointment, and thereupon such person shall revert to the status which he had as an advocate immediately prior to that appointment.
[S. 8A inserted by s. 1 of Act 25 of 1979 and amended by s. 4 (b) of Act 55 of 1994.
No person who has not been or is not deemed to have been admitted to practise as an advocate in terms of any provision of this Act or whose name has been removed from the roll of advocates or who is subject to any order suspending him from practice as an advocate, shall in any manner, directly or indirectly, practise as an advocate or hold himself 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 is, an advocate or is recognized by law as such.
No person who has been or is deemed to have been admitted to practise as an advocate in terms of any provision of this Act, shall make over to or share or divide with any person other than a person practising as an advocate any portion of his professional fees, whether by way of partnership, commission, allowance or otherwise.
Any person who contravenes any provision of this section shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding twelve months with or without the option of a fine, or to both such fine and such imprisonment, and any advocate who contravenes the provisions of subsection (2) shall, in addition, be guilty of unprofessional conduct and be liable to be suspended from practice or to be struck off the roll of advocates.
Notwithstanding anything in this Act or in any other law contained, any court of any division may permit an attorney to discharge the functions of an advocate in any proceedings pending before it if there is no advocate available or willing to act.
[S. 12 repealed by s. 5 of Act 55 of 1994.
The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule: Provided that notwithstanding the repeal of the Admission of Advocates Act, 1921 (Act 19 of 1921), the rules made under section two of the said Act and in force at the commencement of this Act, shall remain in force until the thirty-first day of December, 1974.
Nothing in this Act contained shall affect the right to practise as an advocate in the Natal Provincial Division or the Durban and Coast Local Division of the Supreme Court of any person referred to in section one of the Natal Advocates and Attorneys Preservation of Rights Act, 1939 (Act 27 of 1939).
So much as relates to admission and the right to practise before the courts.
of section eleven.
Section one hundred and fifteen except so much as relates to admission and the right of attorneys to practise before the courts.
To amend the Admission of Advocates Act, 1964.
1 and 2 Amend respectively sections 3 and 7 of the Admission of Advocates Act 74 of 1964.
This Act shall be called the Admission of Advocates Amendment Act, 1965.
To amend the Admission of Advocates Act, 1964, with regard to the language requirements that must be complied with by a person in order to be admitted to practise as an advocate.
1 Amends section 3 (2) of the Admission of Advocates Act 74 of 1964 by substituting paragraph (a).
This Act shall be called the Admission of Advocates Amendment Act, 1977.
To amend the Admission of Advocates Act, 1964, so as to provide for the withdrawal in certain cases of the appointment of persons as senior counsel.
1 Inserts section 8A in the Admission of Advocates Act 74 of 1964.
This Act shall be called the Admission of Advocates Amendment Act, 1979.
To amend the Admission of Advocates Act, 1964, so as to further regulate the admission of persons to practise as advocates, the suspension of advocates from practice and the removal of their names from the roll of advocates; and to provide for incidental matters.
1 Amends section 3 (2) (a) of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) adds the word 'or' to subparagraph (ii); and paragraph (b) adds subparagraph (iii).
2 Amends section 7 (1) (a) of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) substitutes subparagraph (ii); and paragraph (b) adds subparagraph (iii).
This Act shall be called the Admission of Advocates Amendment Act, 1984.
To amend the Admission of Advocates Act, 1964, with regard to the requirements that must be complied with by a person in respect of the Latin language in order to be admitted to practise as an advocate; and to provide for matters connected therewith.
1 Amends section 1 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) inserts the definition of 'matriculation examination'; and paragraph (b) inserts the definition of 'special course'.
2 Amends section 3 (2) of the Admission of Advocates Act 74 of 1964 by substituting paragraph (a).
The Admission of Advocates Amendment Act, 1987 (Act 17 of 1987), is hereby repealed.
Notwithstanding the provisions of subsection (1), any person who at the commencement of this Act was admitted to practise as an advocate under the provisions of the Admission of Advocates Act, 1964 (Act 74 of 1964), shall be deemed to be lawfully admitted so to practise.
Any application, under section 2 (2) of the Admission of Advocates Act, 1964, for admission to practise as an advocate, made at the commencement of this Act, shall be dealt with as if this Act had not been passed.
This Act shall be called the Admission of Advocates Amendment Act, 1991, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Admission of Advocates Act, 1964, so as to abolish the requirement that must be complied with by persons in respect of the Latin language in order to be admitted to practise as advocates; and to delete or substitute certain obsolete words and expressions; and to amend laws of the former Republics of Transkei, Bophuthatswana and Venda with regard to the admission of advocates; and to provide for matters connected therewith.
1 Amends section 1 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) deletes the definition of 'matriculation examination'; paragraph (b) deletes the definition of 'Republic'; paragraph (c) deletes the definition of 'special course'; and paragraph (d) deletes the definition of 'the territory'.
3 Amends section 7 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) deletes subsection (1) (a) (iii); and paragraph (b) substitutes subsection (2).
4 Amends the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) substitutes in sections 4 (2), 7 (5) and 8 the expression 'Director-general: Justice' for the expression 'Secretary for Justice', wherever it occurs; and paragraph (b) substitutes in section 8A the expression 'President' for the expression 'State President'.
5 Repeals section 12 of the Admission of Advocates Act 74 of 1964.
The laws mentioned in the second column of the Schedule as in force, immediately prior to the commencement of the Constitution, in the various areas of the national territory of the Republic shown in the fourth column of the Schedule, are hereby amended to the extent shown in the third column of the Schedule.
ADMISSION OF ADVOCATES ACT 74 OF 1964 Page 12 of 15 commencement of this Act, shall be dealt with as if this Act had not been passed.
This Act shall be called the Admission of Advocates Amendment Act, 1994.
Amendment of section 3 by the deletion in subparagraphs (i) and (ii) of paragraph (a) of subsection (2) of the words 'and not less than one course in the Latin language'.
Republic for a baccalaureus degree:'.
ADMISSION OF ADVOCATES ACT 74 OF 1964 Page 15 of 15 concerned shall pass not less than one course in the Afrikaans language and not less than one course in the English language prescribed or recognized by a university in the Republic for a baccalaureus degree.'.