78 OF 1997: QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997. It is hereby notified that the President has assented to the following Act which is hereby published for general information: - No. 78 of 1997: Qualification of Legal Practitioners Amendment Act, 1997. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
Recognition of Foreign Legal Qualifications and Practice Act, 1993, so as to provide for the requirement of a universal legal qualification in order to be admitted and enrolled to practice as an advocate or an attorney; and to provide for matters connected therewith.
(Afrikaans text signed by the President.
Act 60 of 1984, section 1 of Act 17 of 1987, section 2 of Act 106 of 1991, section 2 of Act 55 of 1994 and section 1 of Act 33 of 1995 1. Section 3 of the Admission of Advocates Act, 1964 (Act No.
"(aa) has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after completing a period of study of not less than five four years for that degree; or".
1984 and section 2 of Act 115 of 1993 2. Section 2 of the Attorneys Act, 1979 (Act No.
"(a) two years after he or she has satisfied all the requirements for the degree of baccalaureus procurationis legum of any university in the Republic after pursuing for that degree a course of study of not less than four years which is recognized by the Board for the Recognition of Examinations in Law established by section 16 of the Universities Act, 1955 (Act No.
Amendment of section 2A of Act 53 of 1979, as inserted by section 3 of Act 115 of 1993 3.
Amendment of section 4 of Act 53 of 1979, as amended by section 3 of Act 108 of 1984 4.
"(ii) satisfied all the requirements for a degree, other than an honorary degree, at any university in the Republic, or for a degree or degrees referred to in paragraph (aA) (aB) or (cA) of section 2(1), in respect of which a certification in accordance with those respective paragraphs has been done.".
Amendment of section 4A of Act 53 of 1979, as inserted by section 4 of Act 115 of 1993 5.
"(ii) has satisfied all the requirements for a degree referred to in paragraphs (a) or (aA) (aB) of section 2(1) or has become entitled to be admitted as an advocate of the Supreme Court, or the degrees referred to in paragraph (aA) of that section; and".
Amendment of section 8 of Act 53 of 1979, as substituted by section 6 of Act 87 of 1989 and amended by section 8 of Act 115 of 1993 6.
has satisfied all the requirements for the degree referred to in paragraph (a) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aA) (aB) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than any division of the Supreme Court, and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared: Provided that such a candidate attorney shall not be entitled to appear in a court of a regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 Administration Amendment Act, 1929 (Act No.
has at least one year's experience as a state advocate, state prosecutor or magistrate..
Amendment of section 11 of Act 53 of 1979, as substituted by section 10 of Act 115 of 1993 7.
"(b) if the period served by such person under the first-mentioned articles of clerkship is equal to or exceeds the period which he or she would, at the time of the making of the application, be required to serve under articles of clerkship in terms of this Act, that the period so served be considered as adequate service under articles for the purposes of this Act, and thereafter any period so served by such person shall be deemed to have been served after and under articles entered into after he or she satisfied such requirements or became so entitled.".
Amendment of section 13 of Act 53 of 1979, as amended by section 2 of Act 76 of 1980, section 1 of Act 60 of 1982, section 2 of Act 56 of 1983, section 6 of Act 108 of 1984, section 10 of Act 87 of 1989 and section 12 of Act 115 of 1993 8.
"(b) shall, if a university in South Africa which has a law faculty has certified that an examination which he or she has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of training, together with a supplementary examination (if any) required by that university, the requirements of which have been satisfied by that person, equivalent or superior to the examination which is required for the degree mentioned in section 2(1)(a) and which has been recognized by the Board for the Recognition of Examinations in Law established by section 16 of the Universities Act, 1955 (Act No.
"(3) The court may, on the application of a candidate attorney who has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aA) (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, or is entitled to be admitted as an advocate, and subject to such conditions as the court may impose, order that the whole or any part of the period served by that candidate attorney under articles before he or she satisfied such requirements or became so entitled, shall, for the purpose of his or her admission and enrolment as an attorney, be regarded as having been served after and under articles entered into after he or she satisfied such requirements or became so entitled.".
Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 and amended by section 11 of Act 87 of 1989, section 14 of Act 115 of 1993 and section 3 of Act 33 of 1995 9.
Amendment of section 6 of Act 114 of 1993 10. Section 6 of the Recognition of Foreign Legal Qualifications and Practice Act 1993 (Act No.
1979 (Act No.
15(1)(b)(iii)(aa) of the Attorneys Act, 1979 (Act No. 53 of 1979), as amended by this Act, be deemed to have satisfied the requirements of the degree referred to in paragraph (a) of section 2(1) of that Act.
was registered as a student at any university in the Republic with a view to obtaining the degree of baccalaureus procurationis and provided that he or she has satisfied the requirements for the said degree on or before 31 December 2004, shall be entitled to appear in any court, other than any division of the High Court, a court of the regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared.
as an attorney in terms of the Attorneys Act, 1979 (Act No.
enjoyed such right or privilege on account of being in possession of any qualification in law, whether prescribed by law or not.
Any provision contained in any other law which is inconsistent with the provisions of section 3 of the Admission of Advocates Act, 1964, or sections 2, 2A, 4, 4A, 8, 11, 13 and 15 of the Attorneys Act, 1979, as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof.
Every university in the Republic with a faculty of law, shall take all reasonable steps so as to ensure that students are able to register for the degree referred to in section 3(2)(a)(i) of the Admission of Advocates Act, 1964, and section 2(1)(a) of the Attorneys Act, 1979, at that university on or before 31 December 1998. Short title.
This Act shall be called the Qualification of Legal Practitioners Amendment Act, 1997.