South Africa
Legal Practice Act, 2014
Act 28 of 2014
- Published in Government Gazette 38022 on 22 September 2014
- Assented to on 20 September 2014
- There are multiple commencements
- [This is the version of this document from 18 January 2018.]
Provisions | Status |
---|---|
Chapter 10, Part 1 (section 96–108); Part 2 (section 109) | commenced on 1 February 2015 by Proclamation R2 of 2015. |
Chapter 2, Part 1, section 6(1)(a)(xv); Chapter 6, Part 2, section 62(3); Chapter 10, Part 1, section 97(6); Part 2, section 109(1)(bA), 109(3); Part 3, section 114(5) | commenced on 18 January 2018. |
Chapter 2, Part 1, section 4–5, section 6(1)(a)(i), 6(1)(a)(ii), 6(1)(a)(iii), 6(1)(a)(iv), 6(1)(a)(v), 6(1)(a)(vi), 6(1)(a)(vii), 6(1)(a)(viii), 6(1)(a)(ix), 6(1)(a)(x), 6(1)(a)(xi), 6(1)(a)(xii), 6(1)(a)(xiii), 6(1)(a)(xiv), 6(1)(b), 6(2), 6(3), 6(4), 6(5), section 7, section 8–13; Part 2 (section 15–23) | commenced on 31 October 2018 by Proclamation R31 of 2018. |
Chapter 1 (section 1–3); Chapter 3, section 24–34, section 35(4), 35(5), 35(6); Chapter 4, section 36, section 37(1), 37(2), 37(3), 37(4), 37(5)(a), 37(5)(b), 37(5)(c), 37(5)(d), 37(5)(e)(i), 37(5)(f), 37(5)(g), section 38, section 39, section 40(1)(a), 40(1)(b)(i), 40(2), 40(3), 40(4), 40(5), 40(6), 40(7)(a), 40(8), section 43, section 44; Chapter 6, Part 1 (section 53–60); Part 2, section 61, section 62(1), 62(2), section 63, section 64–77; Part 3 (section 78–83); Chapter 7 (section 84–91); Chapter 8, section 92, section 93(1), 93(2), 93(3), 93(4), 93(6), 93(7), 93(8), 93(9); Chapter 9, section 94, section 95(1), 95(3), 95(4), 95(5); Chapter 10, Part 3, section 110, section 111–113, section 114(1), 114(2), 114(3), 114(4), section 115, section 116–118; Part 4 (section 119–120) | commenced on 1 November 2018 by Proclamation R31 of 2018. |
Chapter 2, Part 1, section 14; Chapter 4, section 42; Chapter 5 (section 45–52); Chapter 8, section 93(5); Chapter 9, section 95(2) | commenced on 1 March 2022 by Proclamation 53 of 2022. |
Chapter 4, section 37(5)(e)(ii), section 40(1)(b)(ii), 40(7)(b), section 41 | commenced on 26 May 2023 by Proclamation 120 of 2023. |
Chapter 3, section 35(1), 35(2), 35(3), 35(7), 35(8), 35(9), 35(10), 35(11), 35(12) | not yet commenced. |
- [Amended by Legal Practice Amendment Act, 2017 (Act 16 of 2017) on 18 January 2018]
Chapter 1
Definitions, application and purpose of Act
1. Definitions
In this Act, unless the context otherwise indicates—"Admission of Advocates Act" means the Admission of Advocates Act, 1964 (Act No. 74 of 1964);"advocate" means a legal practitioner who is admitted and enrolled as such under this Act;"appeal tribunal" means an appeal tribunal established in terms of section 41;"assessment" means the process under which it is determined whether a candidate legal practitioner has successfully attained the level of competence referred to in section 28;"attorney" means a legal practitioner who is admitted and enrolled as such under this Act;"Attorneys Act" means the Attorneys Act, 1979 (Act No. 53 of 1979);"Auditor-General" means the person appointed as the Auditor-General in terms of section 193 of the Constitution;"bank" means a bank as defined in section 1 of the Banks Act, 1990 (Act No. 94 of 1990), and registered, otherwise than provisionally, or regarded as having been registered as a bank in terms of Chapter III of that Act;"Board" means the Legal Practitioners’ Fidelity Fund Board established in terms of section 61;"candidate attorney" means a person undergoing practical vocational training with a view to being admitted and enrolled as an attorney;"candidate legal practitioner" means a person undergoing practical vocational training, either as a candidate attorney or as a pupil;"code of conduct" means a written code setting out rules and standards relating to ethics, conduct and practice for legal practitioners and its enforcement through the Council and its structures, which may contain different provisions for advocates and attorneys and different provisions for different categories of legal practitioners;"Constitution" means the Constitution of the Republic of South Africa, 1996;"conveyancer" means any practising attorney who is admitted and enrolled to practise as a conveyancer in terms of this Act;"Council" means the South African Legal Practice Council established in terms of section 4;"court" means any court in the Republic as defined in section 166 of the Constitution;"Department" means the Department of Justice and Constitutional Development;"disciplinary body" means—(a)an investigating committee;(b)a disciplinary committee; or(c)an appeal tribunal, as the case may be;"Director-General" means the Director-General of the Department;"Fidelity Fund certificate" means the certificate referred to in section 85;"financial year" means the financial year of the Fund referred to in section 59;"Fund" means the Legal Practitioners‘ Fidelity Fund referred to in section 53;"High Court" means the High Court of South Africa established by section 6 of the Superior Courts Act, (Act No. 10 of 2013), or, if the context indicates otherwise, the Division thereof having jurisdiction;"justice centre" means an office of Legal Aid South Africa and includes a satellite office;"law clinic" means a law clinic referred to in section 34(8);"Legal Aid South Africa" means the Legal Aid Board established in terms of section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969);"legal practitioner" means an advocate or attorney admitted and enrolled as such in terms of sections 24 and 30, respectively;"LLB degree" means a Bachelor of Laws, also referred to as a degree of baccalaureus legum, referred to in section 26;"magistrates’ court" means a regional court or a district court established in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);"Minister" means the Minister of Justice and Constitutional Development;"notary" means any practising attorney who is admitted and enrolled to practise as a notary in terms of this Act;"Ombud" means the person appointed by the President as a Legal Services Ombud in terms of section 47;"practical vocational training" means training required in terms of this Act to qualify as a candidate attorney or pupil in order to be admitted and enrolled as an attorney or advocate;"prescribed" means prescribed by regulation and "prescribe" has a corresponding meaning;"Provincial Council" means a Provincial Council established in terms of section 23;"pupil" means a person undergoing practical vocational training with a view to being admitted and enrolled as an advocate;"Republic" means the Republic of South Africa;"Roll" means the Roll of Legal Practitioners referred to in section 30(3);"rules"—(a)means the rules of the Council;(b)for the purposes of sections 48(3)(a) and (d) and 52(1), means the rules of the Legal Services Ombud; and(c)for the purposes of sections 63(1)(e) and (f), means the rules of the Board;"South African Human Rights Commission" means the South African Human Rights Commission referred to in Chapter 9 of the Constitution;"state advocate" means a person who has been admitted and enrolled as an advocate in terms of this Act, and who is appointed by the National Prosecuting Authority of South Africa as a state advocate in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);"state attorney" means a person who has been admitted and enrolled as an attorney in terms of this Act, and who is appointed as a state attorney in terms of the State Attorney Act, 1957 (Act No 56 of 1957);"this Act" includes any regulation, rule or notice made or issued in terms of this Act; and"trust account practice" means a practice conducted by—(a)one or more attorneys who are; or(b)an advocate referred to in section 34(2)(b) who is, in terms of this Act, required to hold a Fidelity Fund certificate.2. Application of Act
This Act is applicable to all legal practitioners and all candidate legal practitioners.3. Purpose of Act
The purpose of this Act is to—Chapter 2
South African Legal Practice Council
Part 1 – Establishment, powers and functions of South African Legal Practice Council
4. Establishment of Council
The South African Legal Practice Council is hereby established as a body corporate with full legal capacity, and exercises jurisdiction over all legal practitioners and candidate legal practitioners as contemplated in this Act when section 120(4) comes into operation.[section 4 substituted by section 1 of Act 16 of 2017]5. Objects of Council
The objects of the Council are to—6. Powers and functions of Council
7. Composition of Council
8. Membership of Council
9. Chairperson and deputy chairperson of Council
10. Term of office of members of Council
A member of the Council holds office for a term of three years, but may serve as a member for one further term if he or she is again so elected or designated, as the case may be.11. Termination of office
12. Removal from office
13. Vacancies in Council and filling thereof
14. Dissolution of Council
Part 2 – Operation of Council
15. Meetings of Council
16. Quorum and procedure at meetings of Council
17. Decisions of Council
18. Committees of Council
19. Executive officer and employees of Council
20. Executive committee of Council
21. Delegation of powers and assignment of functions of Council
22. Finances, expenditure and accountability of Council
23. Establishment of Provincial Councils
Chapter 3
Regulation of legal practitioners and candidate legal practitioners
24. Admission and enrolment
25. Right of appearance of legal practitioners and candidate legal practitioners
26. Minimum qualifications and practical vocational training
27. Practical vocational training
28. Assessment of practical vocational training
29. Community service
30. Enrolment with Council
31. Cancellation and suspension of enrolment
32. Conversion of enrolment
33. Authority to render legal services
34. Forms of legal practice
35. Fees in respect legal services
Chapter 4
Professional conduct and establishment of disciplinary bodies
36. Code of conduct
37. Establishment of disciplinary bodies
38. Procedure for dealing with complaints of misconduct and procedure to be followed in disciplinary hearing
39. Disciplinary hearing
40. Proceedings after disciplinary hearing and sanctions
41. Appeal against conduct or finding of disciplinary committee
42. Monitoring by Legal Services Ombud
The Ombud may monitor—43. Urgent legal proceedings
Despite the provisions of this Chapter, if upon considering a complaint, a disciplinary body is satisfied that a legal practitioner has misappropriated trust monies or is guilty of other serious misconduct, it must inform the Council thereof with the view to the Council instituting urgent legal proceedings in the High Court to suspend the legal practitioner from practice and to obtain alternative interim relief.44. Powers of High Court
Chapter 5
Legal Services Ombud
45. Establishment of Office of Legal Services Ombud
46. Objects of Ombud
The objects of the Ombud are to—47. Appointment and independence of Legal Services Ombud
48. Powers and functions of Ombud
49. Term of office of Ombud
The Ombud holds office for a period of seven years but may serve for one further term of seven years.50. Acting Ombud and filling of vacancies
51. Staff, finances and accountability of Office of Ombud
52. Annual report
Chapter 6
Legal Practitioners’ Fidelity Fund
Part 1 – Establishment of Fund and founding provisions
53. Continued existence of Attorneys Fidelity Fund
54. Revenue of Fund
The Fund consists of—55. Liability of Fund
56. Limitation of liability of Fund
57. Purpose and application of Fund
58. Legal Practitioners’ Fidelity Fund Account
59. Financial year of Fund
The financial year of the Fund is determined by the Board.60. Fund exempt from certain tax and insurance laws
Part 2 – Operation of Fund
61. Establishment of Board
62. Composition of Board
63. Powers and functions of Board
64. Membership of Board
65. Chairperson and deputy chairperson of Board
66. Vacancies in Board and filling thereof
67. Term of office of members of Board
68. Termination of office
69. Removal from office
70. Meetings and resolutions of Board
71. Committees of Board
72. Certificate in respect of liabilities of Fund and investment of money in Fund
73. Annual review by actuary
74. Contributions to Fund by legal practitioners
75. Audit
76. Re-insurance
77. Provision of insurance cover and suretyships
Part 3 – Claims against Fund
78. Procedure for instituting claims against Fund
79. Actions against Fund
80. Subrogation
On payment out of the Fund of money in settlement in whole or in part of any claim under this Chapter, the Fund is subrogated, to the extent of the payment, to all rights and legal remedies of the claimant against any legal practitioner referred to in section 84(1) or person in relation to whom the claim arose, or in the event of his or her death or insolvency or other legal disability, against any person having authority to administer his or her estate.81. Claims against future revenue of Fund
82. Indemnification in respect of certain acts
No action for damages may be instituted—83. Preservation and disposal of records and documents in possession of Board
Chapter 7
Handling of trust monies
84. Obligations of legal practitioner relating to handling of trust monies
85. Application for and issue of Fidelity Fund certificates
86. Trust accounts
87. Accounting
88. Trust money and trust property of trust account practice
89. Court may prohibit operation of trust account
The High Court may, on application made by the Council or the Board, and on good cause shown, prohibit any legal practitioner referred to in section 84(1) from operating in any way on his or her trust account, and may appoint a curator bonis to control and administer that trust account, with any rights, powers and functions in relation thereto as the court may deem fit.90. Appointment of curator bonis in respect of trust account
91. Rights of banks in respect of trust accounts
Chapter 8
General provisions
92. Recovery of costs by legal practitioners rendering free legal services
93. Offences and penalties
Chapter 9
Regulations and rules
94. Regulations
95. Rules
Chapter 10
National Forum and transitional provisions
Part 1
96. National Forum on Legal Profession
97. Terms of reference of National Forum
98. Powers and functions of National Forum
99. Membership of National Forum
100. Chairperson and deputy chairperson National Forum
101. Term of office
A member of the National Forum holds office for the duration of the National Forum.102. Termination of office
103. Removal from office
104. Vacancies in National Forum and filling thereof
105. Meetings of National Forum
106. Quorum and procedure at meetings of National Forum
107. Decisions of National Forum
108. Finances, expenditure and accountability of National Forum
Part 2
109. Rules and regulations
Part 3
110. Abolition of Fidelity Funds of former TBVC States and transfer of assets, rights, liabilities and obligations to Legal Practitioners’ Fidelity Fund
111. Transitional provisions in relation to existing Attorneys Fidelity Fund Board of Control
The—112. Transitional provisions in relation to qualifications
113. Transitional provisions relating to Fidelity Fund certificates
Any attorney who is in terms of section 84(1) required to be in possession of a Fidelity Fund certificate and who, at the date referred to in section 120(4), is not in possession of such a certificate issued in terms of any law repealed by this Act, must, within 60 days after the said date, apply for such a certificate.114. Existing advocates, attorneys, conveyancers and notaries
115 Persons entitled to be admitted and enrolled as advocates, attorneys, conveyancers or notaries
Any person who, immediately before the date referred to in section 120(4), was entitled to be admitted and enrolled as an advocate, attorney, conveyancer or notary is, after that date, entitled to be admitted and enrolled as such in terms of this Act.116. Pending proceedings
117. Transitional provisions relating to existing law societies
The existing law societies must continue to perform their powers and functions until the date of transfer contemplated in section 97(2)(a).[section 117 substituted by section 12 of Act 16 of 2017]118. Interpretation of certain references in laws
Subject to the provisions of this Act, a reference in any other law to—Part 4
119. Repeal and amendment of laws, and savings
120. Short title and commencement
History of this document
26 May 2023
Commenced by
Legal Practice Act, 2014: Commencement
01 March 2022
Commenced by
Legal Practice Act, 2014: Commencement
01 November 2018
Commenced by
Legal Practice Act, 2014: Commencement
31 October 2018
Commenced by
Legal Practice Act, 2014: Commencement
18 January 2018 this version
Amended by
Legal Practice Amendment Act, 2017
Commenced
01 February 2015
Commenced by
Legal Practice Act, 2014: Commencement
22 September 2014
20 September 2014
Assented to
Subsidiary legislation
Cited documents 16
Legislation 16
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Criminal Procedure Act, 1977 | 3591 citations |
3. | Magistrates' Courts Act, 1944 | 2704 citations |
4. | Public Finance Management Act, 1999 | 2174 citations |
5. | Labour Relations Act, 1995 | 2079 citations |
6. | Superior Courts Act, 2013 | 1491 citations |
7. | Banks Act, 1990 | 855 citations |
8. | Higher Education Act | 533 citations |
9. | Short-term Insurance Act, 1998 | 284 citations |
10. | National Prosecuting Authority Act, 1998 | 202 citations |
11. | Rules Board for Courts of Law Act, 1985 | 188 citations |
12. | Mutual Banks Act, 1993 | 161 citations |
13. | Nonprofit Organisations Act, 1997 | 139 citations |
14. | Corporation for Public Deposits Act, 1984 | 98 citations |
15. | Judges Remuneration and Conditions of Employment Act, 2001 | 74 citations |
16. | General Law Further Amendment Act, 1962 | 27 citations |
Documents citing this one 249
Judgment 131
Gazette 103
Legislation 13
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |