- Government
Gazette 14981
-
STATE
PRESIDENT'S
OFFICE No.
1282
-
20
July
1993
-
- It
is hereby
notified that
the
State
President has
assented
to the
following Act
which is
hereby
published for
general
-
- NO.
115 OF
1993:
ATTORNEYS
AMENDMENT
ACT, 1993
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
- ACT
-
- To
amend
the
Attorneys
Act, 1979,
in order
to amend,
insert
or delete
certain
definitions;
to further
regulate
the duration
of service
under articles
of clerkship;
to
provide
for
exemption
from
service under
articles
of clerkship;
to
provide for
certain
information
to be
submitted
to a
society
before the
performance
of community
service; to
provide
for the
lodging, examination
and
registration
of contracts
of service;
to
further
regulate the
supervision of
candidate
attorneys;
to further
regulate absence from
office of
candidate attorneys;
to
further
regulate the
right
-
of
appearance
of candidate
attorneys;
to restrict
the pecuniary
interests
-
of
candidate
attorneys
in the
organization
or institution
where
they perform
community
service;
to
regulate
the
termination
of a
contract
of service;
to further
regulate removal
from
the
roll of
advocates;
to further
regulate
the performance
of irregular
service; to
further
regulate
-
practical
examinations;
to
further regulate
the
admission
of
attorneys;
to delete
obsolete
provisions;
to further
regulate
the
prescribing
of fees;
-
and
to make
further
provision
for the
prescribing
of regulations;
to amend
-
the
Magistrates'
Courts Act,
1944, so
as to
make
provision
for the
appearance
of candidate
attorneys
performing
community
service
in magistrates'
courts; and
to provide
for
matters
connected
therewith.
-
- (English
text
signed by
the State
President.)
(Assented
to 9
July
1993.)
-
- BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Amendment
of section
1 of
Act 53
of 1979,
as amended
by section
1 of
Act 87
of 1989
and
section
1 of
Act 102
of 1991
-
- 1.
Section
1 of
the Attorneys
Act,
1979 (hereinafter
referred
to as
the principal
Act),
is hereby
amended
-
-
- (a)
by the
insertion after
the
definition
of "advocate"
of the
following
definition:
-
- "'appropriate
legal
experience'
means any
service
which is
-
related
to the
application
of
the
law and
which is
prescribed
by
the
-
Minister;";
-
- (b)
by the
insertion
after the
definition
of "building
society"
of the
following
definition:
-
- "'community
service'
means
full-time
service
related
to the
application
of
the
law
and
performed-
|
-
- (a)
at a
law
clinic
in
respect
of
which the
council
of
the
province
in which
that law
clinic
is operated,
certifies
that
the law
clinic
concerned
complies
with
the
requirements
prescribed
by
such
council for
the
operation
of
such clinic;
or
-
- (b)
on behalf
of and
under the
control of
the
Legal
Aid
Board
established
under
section
2 of the
Legal Aid
Act, 1969
(Act
No. 22
of 1969),
and which
is approved
for this
purpose by
the
Minister;";
-
- (c)
by the
substitution
for the
definition
of "candidate
attorney"
of the
following definition:
-
- "'candidate
attorney'
means
any
person bound
to serve
under articles
of
clerkship
or to
perform
community
service under
a contract
of service,";
-
- (d)
by the
insertion
after the
definition
of "candidate
attorney"
of the
following definition:
-
- "'contract
of
service'
means any
contract
in writing
under
which
-
a
candidate
attorney
who wishes
to perform
community
service,
is bound
to serve
a principal
for
a specified
period
in accordance
with
this Act;";
-
- (e)
by the
substitution
for the
definition
of "principal"
of the
following
definition:
-
- "'principal',
in relation
to-
-
- (a)
a candidate
attorney,
means
the
attorney
who
is
-
being
served by
such candidate
attorney under
articles
of clerkship
and, in
relation
to;
-
- (b)
a former
candidate
attorney referred
to in
-
section
8(4),
means
the
practitioner
concerned
so referred
to;
-
- (c)
a candidate
attorney
performing
community
service, means
an attorney
who is
employed
full-time
at a
law
clinic
or an office
of
the Legal
Aid
Board
established
under section
-
2
of the
Legal
Aid Act,
1969
(Act
No. 22
of 1969),
and
who
has
so practiced
or been
so employed
for
a period of
three years
or periods
of three
years
in the
aggregate
during
the
preceding
four years;
and
-
- (d)
a former
candidate
attorney
referred to
in section
8(4)
performing
community
service,
means
the
practitioner concerned
so referred
to;";
and
-
(f)
by the
deletion
of the
definitions of
"province",
"Republic"
and
-
"Territory".
-
- Amendment
of section
2 of
Act 53
of 1979,
as amended
by section
1 of
Act
-
108
of 1984
-
- 2.
Section
2 of
the principal
Act is
hereby amended
by the
insertion
after
subsection
(1) of
the following
subsection:
-
- "(1A)
Any person
intending
to be
admitted
as
an attorney
and who
has not
served
articles
of clerkship
in terms
of subsection
(1), and
has satisfied
all the
requirements
for
a degree
referred
to
in paragraph
(a) or
(aA) of
subsection
(1) or
has become
entitled
to be
admitted
as an
advocate
of
the
Supreme
Court,
shall serve
under articles
of clerkship
for
a period
of
one year
and
shall
in addition
thereto -
-
- (a)
attend
a training
course
approved by
the
society
concerned
for an
uninterrupted
period
of at
least four
months
and complete
such course
to the
satisfaction
of that
society; or
-
- (b)
perform
community
service
approved
by
the
society
concerned
in terms
of a
contract
of service
for
an
uninterrupted
period
of at
least one
year to
the
satisfaction
of that
society.".
-
- Insertion
of section
2A in
Act
53 of
1979
-
- 3.
The following
section
is
hereby
inserted
in the
principal
Act after
section
2:
-
- "Exemption
from
service under
articles of
clerkship
-
- 2A.
Any person
intending to
be
admitted
as an
attorney
and who
has satisfied
all of
the
requirements
for a
degree
referred
to in
paragraph
(a) or
(aA) of
section
2(1)
or who
has
become
entitled to
be admitted
as an
advocate
of
the
Supreme
Court
and who-
-
- (a)
(i) has
attended
a training
course
approved by
the
society
concerned
for an
uninterrupted
period
of
at least
four months
and has
completed
such
course
to
the
satisfaction
of that
society;
and
-
- (ii)
has performed
community
service
in terms
of a
contract
of service
for an
uninterrupted
period
of at
least
one year
to the
satisfaction
of
-
that
society;
or
-
- (b)
has performed
community
service
in
terms
of a
contract
of service
for an
uninterrupted
period
of at
least
two years
to the
satisfaction
of
-
the
society
concerned;
or
-
- (c)
has, to
the
satisfaction
of the
society
concerned,
gained
at least
five
years'
appropriate
legal
experience,
is exempted
from service
under
articles
of clerkship
in terms
of section
2(1), and
from the
provisions
of section
2(1A).".
-
- Insertion
of section
4A in
Act
53 of
1979
-
- 4.
The following
section
is
hereby
inserted
in the
principal
Act after
section
4:
-
- "Information
which
shall be
submitted
to a
society
before
performance
of community
service
-
- 4A.
A candidate
attorney
intending
to
perform
community
service
shall
submit
to the
secretary
of the
society
of
the province
in which
the community
service
is
to
be
performed,
the following,
namely-
-
- (a)
his
birth
certificate
or other
proof to
the
satisfaction
of
the society
of his
date
of
birth;
-
- (b)
proof
to the
satisfaction
of the
society that
he- (i)
is
a fit
and proper
person;
-
(ii)
has
satisfied
all
the
requirements
for a
degree
referred
to
-
- in
paragraphs
(a) or
(aA) of
section
2(1)
or has
become entitled
to be
admitted
as an
advocate
of
the
Supreme
Court; and
-
- (c)
the contract
of
service
in which
the date
is
mentioned
upon
which
-
he
will commence
community
service and
at which
law
clinic
or office
of
the
Legal Aid
Board,
as the
case may
be,
he
intends
performing community
service.".
-
- Substitution
of section
5 of
Act 53
of 1979,
as amended
by section
3 of
Act
-
87
of 1989
-
- 5.
The following
section
is
hereby
substituted
for
section 5
of the
principal
Act:
-
- "Lodging,
examination
and registration
of articles
or
contract
of service
-
- 5.
(1) The
original
of any
articles
of clerkship
or
contract
of service
shall
within
two months
of the
date
thereof
be lodged
by the
principal
concerned
with the
secretary
of the
society
of the
province
in which
the
service
under
such
articles
or contract
of service
is to
-
be
performed.
-
- (2)
The secretary
of the
society concerned
shall, on
payment
of the
fees prescribed
under
section
80, examine
any articles
or contract
of service
lodged
with
him and
shall, if
he is
satisfied
that the
articles
-
are
or contract
of
service
is in
order
and that
the
council
has no
-
objection
to the
registration
thereof,
on payment
of the
fees so
prescribed
register
such articles
or contract
of service
and shall
advise the
-
attorney
principal
and candidate
attorney
concerned of
such registration
in writing
by certified
post.
-
- (3)
If articles
of clerkship
are
or a
contract
of
service
is
not
-
registered
within
two
months
of the
date
thereof,
any
service
thereunder
shall
be deemed
to commence
on the
date
of registration
thereof.".
-
- Amendment
of section
6 of
Act 53
of 1979,
as amended
by section
4 of
Act 87
of 1989
and
section
3 of
Act 102
of 1991
-
- 6.
Section
6 of
the principal
Act is
hereby amended
by the
addition
of the
following
subsection:
-
- "(3)
A candidate
attorney
performing
community
service shall
during
the
whole
term
of
service
specified
in the
contract
of service,
serve-
-
- (a)
in
the
office
of
the
law clinic
under
the
direct
personal
-
- supervision
of his
principal, or
of an
attorney or
advocate,
who is
also
employed
full-time
at
the
law
clinic
concerned;
or
-
- (b)
in
the
office
of
the
Legal
Aid Board
under
the direct
personal
supervision
of his
principal,
or of
an attorney
or advocate,
who is
also
employed
full-time
at
the
relevant
office of
the
Legal
Aid Board.".
-
- Amendment
of section
7 of
Act 53
of 1979,
as substituted
by
section
5 of
-
Act
87 of
1989
-
- 7.
Section
7 of
the principal
Act is
hereby amended-
-
(a)
by the
substitution
for subsection
(1) of
the
following subsection:
"(1)
Subject
to the
provisions of
subsection
(2), a
candidate
-
attorney
may,
with
the consent
of his
principal,
absent
himself
from
office
for a
period which
does
not, or
for
periods
which in
the
aggregate
do not,
exceed
thirty
working
days
in any
one year
of the
articles of
clerkship
or contract
of service.";
-
- (b)
by the
substitution
for subparagraph
(ii)
of paragraph
(a)
of subsection
(2) of
the following
subparagraph:
-
- "(ii)
where
the period
of absence
from
office exceeds,
or the
periods
of absence
from
office in
the aggregate
exceed,
thirty working
days
in any
one year
of the
articles
of
clerkship
or contract
of service,";
and
-
- (c)
by the
substitution
for subsections
(3), (4)
and (5)
of the
following
subsections,
respectively:
-
"(3)
If any period
of absence
from
office exceeds,
or the
periods of
absence
from
office
in the
aggregate
exceed,
thirty working
days
in any
one year
of articles
of clerkship
or contract
of
service,
the
period
in excess
of thirty
working
days
shall be
added
to the
period
for which
the
candidate
attorney is
bound
to serve
under
articles or
contract
of
service.
-
- (4)
Notwithstanding
the
provisions
of section
6, one
half
of any
period
of absence
from
the office
of his
principal
by a
candidate
attorney
as a
result of
training
undergone
by him
in the
South African
Defence
Force in
terms
of section
3 of
the Defence
Act,
1957 (Act
No. 44
of 1957),
shall,
-
subject
to a
maximum
period
of three
months,
be deemed
to have
been
served
under such
articles of
clerkship or
contract
of
service.
-
- (5)
Notwithstanding
the
provisions
of section
6, any
period
of absence
not exceeding
six
months
of a
candidate
attorney from
the
office of
his
-
- principal
for the
purpose
of attending
a training
course
approved
by the
society
concerned,
shall,
if that
candidate
attorney has
completed
that course
to the
satisfaction
of that
society,
be deemed
to have
been
served
under articles
of clerkship
or contract
of service:
Provided
that
in the
case of
a candidate
attorney
referred to
in sections
2(1A) and
2A the
period of
attending
a training
course shall
not
be deemed
to be
a period
that that
candidate
attorney
has
served
under
articles
of clerkship
or contract
of
service.".
-
- Amendment
of section
8 of
Act 53
of 1979,
as substituted
by
section
6 of
-
Act
87 of
1989
-
- 8.
Section
8 of
the principal
Act is
hereby amended-
-
- (a)
by the
substitution
for paragraph
(ii)
of
subsection (1)
of the
following
paragraph:
-
- "(ii)
has
served
for at
least
one
year
under
his articles
or contract
of service;
or"; and
-
- (b)
by the
substitution
for paragraph
(a) of
subsection
(4)
of the
following
paragraph:
-
- "(a)
Any candidate
attorney who
is entitled
to
appear
as contemplated
in subsection
(1), shall
at the
expiry
of his
articles
-
or
contract
of service,
and provided
he
remains
in the
employ
of the
attorney who
was
his
principal
immediately
before such
expiry,
or provided
he
remains
in the
service
of the
law
clinic
or
the Legal
-
Aid
Board
concerned,
as the
case
may
be,
remain
so entitled
-
until
he is
admitted
as an
attorney,
but not
for longer
than
six months.".
-
- Substitution
of section
9 of
Act 53
of 1979,
as substituted
by section
7 of
-
Act
87 of
1989
-
- 9.
The following
section
is
hereby
substituted
for
section 9
of the
principal
Act:
-
- "Restriction
of pecuniary
interests of
candidate
attorneys
-
- 9.
(1)
A candidate
attorney
shall
not have
any
pecuniary
interest
in the practice
and service
of an
attorney,
or in
the
organization
or institution
where he
performs
community
service,
and shall
not,
without
the prior
written consent
of the
council
of the
society
of the
province
in which
he
performs
service under
the
articles
or contract
of service,
-
hold
or occupy
any
office
or engage
in any
other business
other
than
that of
candidate
attorney.
-
(2)
If any
candidate
attorney
contravenes
the
provisions of
subsection
(1),
the articles
or contract
of
service shall
be void
ab initio
and -
service
rendered
thereunder
shall be
ineffectual unless
the court
on good
cause shown
otherwise directs.".
-
Substitution
of section
11 of
Act 53
of 1979,
as amended
by
section
5 of
Act
108 of
1984 and
section
9 of
Act 87
of 1989 -
- 10.
The following
section
is hereby
substituted
for
section 11
of the
principal
Act:
-
- "Termination
of articles
or contract
of service
-
- 11.
(1) If
articles
of clerkship
are or
a contract
of service
is for
any
reason cancelled,
abandoned
or ceded,
the
attorney to
principal
with
whom
the
candidate
attorney
concerned is
articled
serving
at that
time
shall
forthwith
in writing
-
notify
the secretary
of the
society
of such
cancellation,
abandonment
or cession.
-
(2)
If articles
of clerkship
have
or a
contract
of
service
has -
been
cancelled
or abandoned
before
completion
thereof,
the
court may
in its
discretion
on the
application
of the
person
who
served
under
such articles
or
contract
of service
and
subject
to such
conditions
as the
court -
may
impose,
order that
for the
purposes
of this
Act,
the
whole or
such part
of the
period
served under
such articles
or contract
of
service
as
the
court deems
fit, be
added
to any
period served
by that
person
under
articles
or a
contract
of
service
entered
into
after
the
first-mentioned
articles were
or contract
of
service
was cancelled -
or
abandoned,
and any
period
so added
shall for
the purposes
of this
Act be
deemed
to have
been served
under
the
last-mentioned
articles or
contract
of
service
and
continuously
with
any period
served thereunder. -
- (3)
If a
person who
has
served any
period under
articles
of clerkship
which
were
cancelled or
abandoned
before
completion
thereof,
has satisfied
all the
requirements
for a
degree referred
to in
paragraph
(a) or
(c) of
section
2(1), or
a degree
or degrees
referred
to in
paragraph (aA)
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,
the court
may,
on the
application
of such
person and
subject to
such conditions
as the
court may
impose,
order- -
- (a)
that, for
the purposes
of this
Act,
the
whole
of the
period
so served
or such
part thereof
as the
court deems
fit be
added
to any
period
served
by such
person
after he
satisfied
such requirements
or became
so entitled
under
articles
of clerkship
entered
into
after
the
first-mentioned
articles were
cancelled
or
abandoned,
and
-
thereafter
any period
so added
shall
be
deemed
to have
been
served-
-
- (i)
after he
satisfied
such requirements
or became
so entitled;
-
and
-
- (ii)
under the
articles
entered
into
after
the
first-mentioned
articles
were cancelled
or abandoned
and
continuously
with any
period
served thereunder;
-
- (b)
if the
period served
by such
person
under the
first-mentioned
articles
of clerkship
is equal
to or
exceeds
the
period
which
he 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 satisfied
such
requirements
or became
so entitled.".
-
- Substitution
of section
12 of
Act 53
of 1979,
as substituted
by
section
1 of Act
13 of
1990
-
- 11.
The following
section
is hereby
substituted
for
section 12
of the
principal
Act:
-
- "Registration
of articles
or contract
of service
entered
into by
advocate
-
- 12.
Any
person
admitted
to practice
as an
advocate
shall not
be allowed
to register
articles
or
a contract
of service
in terms
of the
-
provisions
of this
Act, unless
his
name
has
on his
own application
been removed
from the
roll of
advocates.".
-
- 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
and section
10 of
Act 87
of 1989
-
- 12.
Section
13 of
the principal
Act
is hereby
amended
by the
substitution
for subsection
(2) of
the
following subsection:
-
- "(2)
If any
person has
not served
regularly
as a
candidate
attorney,
the court,
if
satisfied that
such
irregular
service was
occasioned
by sufficient
cause,
that
such
service
is substantially
equivalent
to regular
service,
and that
the
society
concerned
has had
due
notice
of
-
the
application,
may
permit
such
person,
on such
conditions
as it
may deem
fit,
to apply
for admission
as an
attorney
as if
he had
served
regularly under
articles or
a contract
of
service.".
-
- Amendment
of section
14 of
Act 53
of 1979,
as
amended
by section
1 of
Act
-
- 80
of 1985
-
- 13.
Section
14 of
the principal
Act
is hereby
amended
by the
substitution
for subsection
(3) of
the
following subsection:
-
- "(3)
An examination
referred to
in subsection
(1)
shall not
be conducted
in
respect
of any
person unless
he
satisfies the
examiners
concerned
that
he-
-
- (a)
has
complied
with the
provisions of
this Act
in regard
to service
under
articles
or a
contract
of service;
or that
-
he
-
- (b)
is
serving under
articles or
contract
of service
-
and
has
so served
for a
continuous period
of not
less than
six
months;
-
or
that he
-
- (c)
is, under
the
provisions
of this
Act,
exempt
from
service
under
articles;
or
-
- (d)
has attended
a training
course
approved
by
the
society
concerned
for an
uninterrupted
period
of
at least
four months
and has
completed
such course
to the
satisfaction
of that
society.".
-
- Amendment
of section
15 of
Act 53
of 1979,
as
substituted
by
section
7 of
-
Act
108 of
1984
-
- 14.
Section
15 of
the principal
Act
is hereby
amended-
-
- (a)
by the
substitution
for subparagraph
(vi)
of paragraph
(b)
of subsection
(1) of
the following
subparagraph:
-
- "(vi)
completed
his
service
under
articles or
contract
of service,
or has
complied
with
the
provisions
of section
2(1A),
within
the period
of three
years
preceding
his
application
to the
court or
within
the
further period
allowed
by the
court in
terms
of subsection
(2).";
-
(b)
by the
substitution
for subsection
(2) of
the following
subsection:
"(2)
The
court
may
in its
discretion, on
the
application
of any
-
person
and
on
good
cause
shown,
allow
a
further
period
in
addition
-
to
the period
of three
years
referred to
in subsection
(1)(b)(vi), within
which
the
applicant
may
apply for
admission
as an
attorney,
subject
to such
conditions,
if any,
as it
may
deem
fit, including
a condition
relating to
further
service under
articles
or contract
-
of
service.".
-
- Amendment
of section
56 of
Act 53
of 1979
-
- 15.
Section
56 of
the principal
Act
is hereby
amended
by the
deletion of
paragraph (e).
-
- Amendment
of section
71 of
Act 53
of 1979,
as
amended
by section
24 of
Act
-
87
of 1989
-
- 16.
Section
71 of
the principal
Act
is hereby
amended
by the
substitution
for subsection
(1) of
the
following subsection:
-
- "(1)
A council
may
in the
prescribed
manner
inquire into
cases of
alleged unprofessional
or dishonourable
or unworthy
conduct
on the
part of
any
attorney,
notary
or conveyancer
whose
name
has
been
placed
on the
roll
of any
court
within
the
province
of its
society,
whether or
-
not
he is
a member
of such
society,
or of
any
person
serving
articles of
clerkship or
a contract
of
service
with a
member
of its
-
society,
or of
any former
candidate
attorney
referred to
in section
-
8(4).".
-
- Amendment
of section
72 of
Act 53
of 1979,
as
amended
by section
5 of
Act
-
80
of 1989
and section
25 of
Act 87
of 1989
-
- 17.
Section
72 of
the principal
Act
is hereby
amended
by the
substitution
for subparagraph
(i)
of
paragraph
(b)
of subsection
(1) of
the following
subparagraph:
"(i) cancel
or
suspend his
articles of
clerkship
-
or
contract
of service;".
-
- Amendment
of section
74 of
Act 53
of 1979,
as
amended
by section
26 of
Act
-
87
of 1989
-
- 18.
Section
74 of
the principal
Act
is hereby
amended-
-
- (a)
by the
substitution
for paragraph
(b) of
subsection
(1)
of the
following
paragraph:
-
- "(b)
service under
articles of
clerkship or
a contract
of
-
service
and the
circumstances
under
and
the
conditions
on which
articles of
clerkship
or a
contract
of
service
may
be
-
cancelled
by the
council;"
-
- (b)
by the
deletion
of subparagraph
(iv) of
paragraph
(a) of
subsection
(3);
and
(c) by
the substitution
for subsection
(6) of
the
following subsection:
-
- "(6)
In this
section
'High
Court' means
any
high
court
constituted
-
in
terms
of section
17I
of the
Development
of
Self-government
for
-
Native
Nations in
South
West Africa
Act, 1968
(Act No.
54 of
1968),
-
- or
section 34(1)
of the
Black Homelands
Self-governing
-
Territories
Constitution
Act, 1971
(Act
No. 21
of 1971).".
-
- Amendment
of section
80 of
Act 53
of 1979,
as
amended
by section
10 of
Act
-
108
of 1984
-
- 19.
Section
80 of
the principal
Act
is hereby
amended
by the
substitution
for paragraphs
(a) and
(b) of
the
following
paragraphs,
respectively:
-
- "(a)
examination
of articles
of clerkship
or a
contract
of service
in terms
of
section 5;
-
- (b)
registration
of articles
of clerkship
or a
contract of
service;".
-
- Amendment
of section
81 of
Act 53
of 1979,
as
amended
by section
5 of
Act
-
76
of 1980,
section
4 of
Act 60
of 1982,
section 4
of Act
56 of
1983, section
7 of
Act 80
of 1985
and section
29 of
Act 87
of 1989
-
- 20.
Section
81 of
the principal
Act
is hereby
amended
by the
insertion after
paragraph
(a) of
subsection
(1) of
the following
paragraph:
-
- "(b)
the
service which
is recognized
as
appropriate
legal
-
experience
for the
purposes
of section
2A(c) and
the
period
which may
expire between
the
date
on which
such
service has
been
completed
and the
date
on
which
exemption from
articles
of clerkship
may
be granted;".
-
- Substitution
of section
11 of
Act 87
of 1989
-
- 21.
The following
section
is hereby
substituted
for
section 11
of the
-
Attorneys
Amendment
Act,
1989:
-
- "Amendment
of section
15 of
Act
53 of
1979,
as substituted
by section
7 of
Act
108 of
1984
-
- 11.
Section
15 of
the principal
Act
is hereby
amended
by the
insertion after
subparagraph (iv)
of paragraph
(b)
of subsection
(1) of
the
following subparagraph:
-
- (ivA)
(aa) during
his term
of service
under articles
or contract
of service,
or after
the
expiry
of his
articles
or contract
of service;
or
-
- (bb)
after
he has
been
exempted
in terms
of
this Act
from
service
under articles
of
clerkship,
has
attended
a training
course approved
by the
society
of the
province
in which
he
completed
his
service
under
articles
-
- or
contract
of service,
or, in
the
case of
section
2A(c),
has
-
attended
a training
courser
approved
by the
society of
the province
in which
the
candidate
attorney
intends
to
practice,
and has
completed
such
training
course to
the
satisfaction
of that
society:
Provided that
this
subparagraph
shall
not apply
to a
person who
attended
a training
-
course
referred
to in
section
2(1A)(a)
or
2A(a)(i)
and who
has
completed
-
such
course
to the
satisfaction
of
the
society
concerned;".
-
- Substitution
of section
21 of
Act 32
of 1944,
as substituted
by
section
35 of
Act
87 of
1989
-
22.
The following
section
is hereby
substituted
for
section 21
of the
-
Magistrates'
Courts Act,
1944:
"Candidate
attorneys
21.
A candidate
attorney as
defined in
section 1
of the
Attorneys
Act, -
1979
(Act No.
53 of
1979), may,
subject to
section
8 of
that
Act,
appear
instead and
on behalf
of the
attorney
to whom
he has
been
articled,
or under
whom he
serves
community
service in
terms
of a
contract
of service,
in any
proceedings
in any
court.".
-
- Saving
-
23.
The provisions
of this
Act
shall,
in so
far as
they can
be
applied, -
also
be
applicable
to a
candidate
attorney who,
at the
commencement
of this
-
Act,
is serving
under articles
of
clerkship. Short
title
and commencement
-
24.
(1) This
Act shall
be
called the
Attorneys
Amendment
Act, 1993,
and shall
come
into
operation
on a
date
fixed
by the
State
President
by proclamation
in the
Gazette.
-
- (2)
Different
dates
may
be so
fixed in
respect
of different
provisions of
this Act.
|
