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Reproduced by Sabinet Online in terms of Government ...

, Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 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.

4 No. 38022 GOVERNMENT GAZETTE, 22 September 2014 Act No. 28 of 2014 Legal Practice Act, 2014 P arliament of the Republic of South Africa enacts as follows:— TABLE OF CONTENTS

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1 , Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 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.

2 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; 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.

3 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.(English text signed by the President)(Assented to 20 September 2014) Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 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.

4 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.

5 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 service4510152025303540 Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No.

6 10505 dated 02 February 1998 6No. 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. 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.

7 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.

8 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 Board651015202530354045 Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 8No. 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.

9 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. 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.

10 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 Forum8510152025303540 Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No. 10505 dated 02 February 1998 10No.


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