Legal Practice Act 28 of 2014 - SAFLII Home | SAFLII

1 ,Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages. Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 591 Cape Town 22 September 2014No. 38022 THE PRESIDENCY No. 740 22 September 2014 It is hereby notified that the President has assented to the following Act, which is hereby published for general information: Act No. 28 of 2014: Legal Practice Act, 2014 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 2014 ACTTo provide a legislative framework for the transformation and restructuring of thelegal profession in line with constitutional imperatives so as to facilitate andenhance an independent Legal profession that broadly reflects the diversity anddemographics of the Republic; to provide for the establishment, powers andfunctions of a single South African Legal Practice Council and Provincial Councilsin order to regulate the affairs of Legal practitioners and to set norms andstandards; to provide for the admission and enrolment of Legal practitioners; toregulate the professional conduct of Legal practitioners so as to ensure accountableconduct; to provide for the establishment of an Office of a Legal services Ombudand for the appointment, powers and functions of a Legal services Ombud; toprovide for a Legal Practitioners Fidelity Fund and a Board of Control for theFidelity Fund.

2 To provide for the establishment, powers and functions of a NationalForum on the Legal Profession; and to provide for matters connected 22 of the Bill of Rights of the Constitution establishes the right tofreedom of trade, occupation and profession, and provides that the Practice of a trade,occupation or profession may be regulated by law;AND BEARING IN MIND THAT the Legal profession is regulated by different laws which apply in different parts of theRepublic and, as a result thereof, is fragmented and divided; access to Legal services is not a reality for most South Africans; the Legal profession is not broadly representative of the demographics of SouthAfrica; opportunities for entry into the Legal profession are restricted in terms of the currentlegislative framework;AND IN ORDER TO provide a legislative framework for the transformation and restructuring of the legalprofession into a profession which is broadly representative of the Republic sdemographics under a single regulatory body; ensure that the values underpinning the Constitution are embraced and that the rule oflaw is upheld; ensure that Legal services are accessible; regulate the Legal profession, in the public interest, by means of a single statute; remove any unnecessary or artificial barriers for entry into the Legal profession; strengthen the independence of the Legal profession; and ensure the accountability of the Legal profession to the public.

3 (English text signed by the President)(Assented to 20 September 2014)4No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 2014 Parliament of the Republic of South Africa enacts as follows: TABLE OF CONTENTSS ectionsCHAPTER 1 DEFINITIONS, APPLICATION AND PURPOSE OF ACT1. Definitions2. Application of Act3. Purpose of ActCHAPTER 2 SOUTH AFRICAN Legal Practice COUNCILPart 1 Establishment, powers and functions of South African Legal Practice Council4. Establishment of Council5. Objects of Council6. Powers and functions of Council7. Composition of Council8. Membership of Council9. Chairperson and deputy chairperson of Council10. Term of office of members of Council11. Termination of office12. Removal from office13. Vacancies in Council and filling thereof14. Dissolution of CouncilPart 2 Operation of Council15. Meetings of Council16. Quorum and procedure at meetings of Council17. Decisions of Council18. Committees of Council19.

4 Executive officer and employees of Council20. Executive committee of Council21. Delegation of powers and assignment of functions of Council22. Finances, expenditure and accountability of Council23. Establishment of Provincial CouncilsCHAPTER 3 REGULATION OF Legal PRACTITIONERS AND CANDIDATE LEGALPRACTITIONERS24. Admission and enrolment25. Right of appearance of Legal practitioners and candidate Legal practitioners26. Minimum Legal qualifications and practical vocational training27. Practical vocational training28. Assessment of practical vocational training29. Community service45101520253035406No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 201430. Enrolment with Council31. Cancellation and suspension of enrolment32. Conversion of enrolment33. Authority to render Legal services34. Forms of Legal practice35. Fees in respect of Legal servicesCHAPTER 4 PROFESSIONAL CONDUCT AND ESTABLISHMENT OF DISCIPLINARYBODIES36.

5 Code of conduct37. Establishment of disciplinary bodies38. Procedure for dealing with complaints of misconduct and procedure to befollowed in disciplinary hearing39. Disciplinary hearing40. Proceedings after disciplinary hearing and sanctions41. Appeal against conduct or finding of disciplinary committee42. Monitoring by Legal services Ombud43. Urgent Legal proceedings44. Powers of High CourtCHAPTER 5 Legal services OMBUD45. Establishment of Office of Legal services Ombud46. Objects of Ombud47. Appointment and independence of Ombud48. Powers and functions of Ombud49. Term of office of Ombud50. Acting Ombud and filling of vacancies51. Staff, finances and accountability of Office of Ombud52. Annual reportCHAPTER 6 Legal PRACTITIONERS FIDELITY FUNDPart 1 Establishment of Fund and founding provisions53. Continued existence of Legal Practitioners Fidelity Fund54. Revenue of Fund55. Liability of Fund56. Limitation of liability of Fund57. Purpose and application of Fund58.

6 Legal Practitioners Fidelity Fund Account59. Financial year of Fund60. Fund exempt from certain tax and insurance lawsPart 2 Operation of Fund61. Establishment of Board62. Composition of Board63. Powers and functions of Board64. Membership of Board65. Chairperson and deputy chairperson of Board6510152025303540458No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 201466. Vacancies in Board and filling thereof67. Term of office of members of Board68. Termination of office69. Removal from office70. Meetings and resolutions of Board71. Committees of Board72. Certificate in respect of liabilities of Fund and investment of money in Fund73. Annual review by actuary74. Contributions to Fund by Legal practitioners75. Audit76. Re-insurance77. Provision of insurance cover and suretyshipsPart 3 Claims against Fund78. Procedure for instituting claims against Fund79. Actions against Fund80. Subrogation81. Claims against future revenue of Fund82.

7 Indemnification in respect of certain acts83. Preservation and disposal of records and documents in possession of BoardCHAPTER 7 HANDLING OF TRUST MONIES84. Obligations of Legal practitioner relating to handling of trust monies85. Application for and issue of Fidelity Fund certificates86. Trust accounts87. Accounting88. Trust money and trust property of trust account practice89. Court may prohibit operation of trust account90. Appointment ofcurator bonisin respect of trust account91. Rights of banks in respect of trust accountsCHAPTER 8 GENERAL PROVISIONS92. Recovery of costs by attorneys rendering free Legal services93. Offences and penaltiesCHAPTER 9 REGULATIONS AND RULES94. Regulations95. RulesCHAPTER 10 NATIONAL FORUM AND TRANSITIONAL PROVISIONSPart 196. National Forum on Legal Profession97. Terms of reference of National Forum851015202530354010No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 201498. Powers and functions of National Forum99.

8 Membership of National Forum100. Chairperson and deputy chairperson of National Forum101. Term of office102. Termination of office103. Removal from office104. Vacancies in National Forum and filling thereof105. Meetings of National Forum106. Quorum and procedure at meetings of National Forum107. Decisions of National Forum108. Finances, expenditure and accountability of National ForumPart 2109. Rules and regulationsPart 3110. Abolition of Fidelity Funds of former TBVC States and transfer of assets,rights, liabilities and obligations to Legal Practitioners Fidelity Fund111. Transitional provisions in relation to existing Attorneys Fidelity Fund Boardsof Control112. Transitional provisions in relation to qualifications113. Transitional provisions relating to Fidelity Fund certificates114. Existing advocates, attorneys, conveyancers and notaries115. Persons entitled to be admitted and enrolled as advocates, attorneys,conveyancers or notaries116. Pending proceedings117.

9 Transitional provisions relating to existing law societies118. Interpretation of certain references in lawsPart 4119. Repeal and amendment of laws and savings120. Short title and commencementSCHEDULELaws repealed or amendedCHAPTER 1 DEFINITIONS, APPLICATION AND PURPOSE OF this Act, unless the context otherwise indicates Admission ofAdvocatesAct means theAdmission ofAdvocatesAct, 1964 (ActNo. 74 of 1964); advocate means a Legal practitioner who is admitted and enrolled as such underthis Act; appeal tribunal means an appeal tribunal established in terms of section 41;1051015202530354012No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 2014 assessment means the process under which it is determined whether a candidatelegal practitioner has successfully attained the level of competence referred to insection 28; attorney means a Legal practitioner who is admitted and enrolled as such underthis Act; Attorneys Act means the Attorneys Act, 1979 (Act No.)

10 53 of 1979); Auditor-General means the person appointed as the Auditor-General in termsof section 193 of the Constitution; bank means a bank as defined in section 1 of the Banks Act, 1990 (Act No. 94of 1990), and registered, otherwise than provisionally, or regarded as having beenregistered as a bank in terms of Chapter III of that Act; Board means the Legal Practitioners Fidelity Fund Board established in termsof section 61; candidate attorney means a person undergoing practical vocational trainingwith a view to being admitted and enrolled as an attorney; candidate Legal practitioner means a person undergoing practical vocationaltraining, either as a candidate attorney or as a pupil; code of conduct means a written code setting out rules and standards relating toethics, conduct and Practice for Legal practitioners and its enforcement through theCouncil and its structures, which may contain different provisions for advocatesand attorneys and different provisions for different categories of Legal practitioners; Constitution means the Constitution of the Republic of South Africa, 1996.