The law, signed in 2014, aims to create a framework that facilitates the transformation and restructuring of the legal profession. In the drafting and commentary phase of this law, much was said about executive interference in the independence of the legal profession. What came out in the laundry? In order to guarantee this independence, certain security measures have been taken. For example, the Minister may appoint 3 of the 23 members of the Council, but these persons must have knowledge and experience in the legal profession in accordance with section 7. The AHR Act was published in the Official Journal in September 2014, but not all of its provisions are expected to enter into force immediately. Certain provisions of the act must come into force at different times. Parts 1 and 2 (§§ 96 to 109) of Chapter 10 came into force on February 1, 2015. Chapter 2 of the PCPA comes into force on 1. February 2018, after which the remaining provisions will enter into force on a date to be fixed by the President. (v) the practical training requirements that trainee lawyers or students must meet before they can be admitted to the bar by the court; This puts the power back in the hands of the legal profession, which could presumably join as interested parties. If a Supreme Court orders the dissolution of the Council, the party concerned may appeal all the way to the Constitutional Court. Therefore, if the Minister decides to dissolve the Council, such a decision will be subject to further review. The LPA must establish a “legal framework for the transformation and restructuring of the legal profession in accordance with constitutional requirements in order to facilitate and strengthen an independent legal profession that broadly reflects the diversity and demographics of the Republic.” The LPA requires existing bar associations across the country, including the Law Society of South Africa and bar councils, to cease to exist at some point.
It is replaced by a single Council for the Practice of Law and a single Provincial Council, which regulates the affairs of all members of the legal profession. The South African Council of Legal Practice is a body with full legal capacity and competence over all lawyers and trainee lawyers. The law recognizes that the profession is fragmented and divided, with different laws in different parts of the republic, and that access to legal services and opportunities within the profession is limited. The stated purpose of the Act is to create a single regulatory body to ensure that legal services are publicly available and that access to the profession is unrestricted in order to align the legal profession with the transformative ideal of the Constitution. Legal services may only be provided by a practitioner: unless otherwise provided by law, only a lawyer may appear before a court or similar tribunal in anticipation of some draft documents to be used in court proceedings in accordance with Article 33 (1). This limits the list of activities of legal practitioners protected under section 83 § 8 (a) of the Lawyers Act 53 of 1979, which is to be repealed in its entirety. The Council of Legal Practice must establish “norms and standards for all lawyers”. Pursuant to section 34(2)(a)(ii) of the Act, a lawyer may provide legal services for a fee if he or she receives a request directly from a member of the public, provided that the attorney is in possession of a trust fund certificate and an escrow account.
Will this radically change the legal landscape? Lawyers with the required certificate have been permitted to appear before the High Court since the enactment of the Right to Appear in Courts Act 62 of 1995. Yet very few lawyers come forward to argue issues, particularly before the High Court. The profession seems to recognize that lawyers and lawyers each play a specialized role in defending a client`s legal interests. This natural and necessary deviation may therefore persist despite such a provision. Nevertheless, it is here and it is the law and it will govern the entire legal profession, so get to know it better. The law will be comprehensive and will repeal a long list of established laws, including Law 53 of 1979 on lawyers and Law 74 of 1964 on the admission of lawyers. The law will radically change the legal landscape. But even though it has now become law, the practical effect on the ground will only be noticeable in a few years. The extent to which the ground will be shaken is uncertain, as the legislation provides for a plethora of regulations to be adopted after many years of investigation, recommendations and reports. As many years as this law has been drafted, it will take just as long for its true nature to be revealed and implemented. The reason for the adoption of the AHR Act is to be found in its preamble. It states that the legal profession, which is governed by different laws applicable in different parts of the Republic, is fragmented and divided.
The law also aims to ensure that the values underlying the Constitution are adopted and that the rule of law is respected. The law unites the legal profession and provides regulation in a single statute. Law on Legal Practice 28 of 2014 was published in GN 740 in Official Gazette 38022 of 22 September 2014. (b) Develop and publish a code of conduct for legal practitioners, future legal practitioners and legal entities; and De Rebus welcomes contributions in all 11 official languages, particularly from lawyers. Practitioners and others who wish to submit feature articles, practice notes, case notes, opinion pieces and letters may email their contributions to derebus@derebus.org.za. Section 120 of the AHR Act provides (our inclusions in parentheses): Short title and beginning 120. (1) This Act is referred to as the Practice of Law Act, 2014. (2) Chapter 10 [the National Forum] shall enter into force on a date to be fixed by the President by publication in the Official Gazette. 3.
Chapter 2 [Council on the Practice of Law] shall enter into force three years after the date of entry into force of Chapter 10 or on such earlier date as may be fixed by the President by publication in the Official Journal. (4) The other provisions of this Act shall enter into force on a date subsequent to the entry into force of Chapter 2, which shall be fixed by the President by publication in the Official Journal. The controversial Legal Practice Act 28 of 2014 (the Act) has been in force since September 22, 2014, well, not really. The legislation is to come into force in phased phases according to a sophisticated deployment plan, as outlined below. This article provides a brief overview of the provisions that are important to practitioners and the public they serve. The Act provides that all legal practitioners will be subject to the jurisdiction of the South African Council of Legal Practice (“Council”), which will, inter alia, regulate the conduct and affairs of all practitioners (lawyers and solicitors), develop standards and develop programmes to empower the previously poor. The Council will be composed of 23 members, 16 of whom will be legal practitioners (lawyers and lawyers). The Council shall appoint at least four provincial councils, the jurisdiction of which shall be determined by the Minister.
After a long wait, Law 28 of 2014 on Legal Practice (LPA) was published in Official Gazette 38022 on 22 September 2014. For the purposes of section 120 of the PCPA, various provisions of the AHR Act come into force on the dates promulgated in the Official Gazette and, in one case, a few years after Chapter 10 comes into force. Until the AHR Act is fully enacted, very little is expected to change in the way lawyers currently practice. The current Law No. 53 of 1979 on lawyers and the current rules of the various bar associations continue to apply to the practice of the profession of lawyer. (vi) the right of a future lawyer before a court or other body; and Parts 1 and 2 of Chapter 10 of Law 28 of 2014 on Legal Practice (PDF-366KB) entered into force on 1 February 2015. The implementation was signed by the President on 16 January 2015 and published in Official Journal 38412 of 23 January 2015 (PDF – 340KB). Read the notice (PDF – 88KB) of the LSSA co-chairs (5. February 2015) One of the ways in which the law aims to address the issue of expanding access to justice is to establish a mechanism to determine the fees charged to legal practitioners for the legal services they provide, and that the fees are available to citizens. In short, the first step will be the creation of a transitional body, the National Forum for Advocacy (“National Forum”), which will make recommendations to the Minister, among other things, on the Council`s electoral process, provincial councils and the practical training needs of trainee lawyers. In addition, the National Forum will negotiate the transfer of assets, rights, responsibilities, duties and staff from existing law societies to the Council. This entity will cease to exist with the launch of the South African Council of Legal Practice, which will be the sole regulator of the legal profession.
To ensure that access to legal services becomes a reality for South Africans, and not just for a fraction of the population, legislators passed the Legal Practice Act 28 of 2014 (LPA). As a result of this Act, the landscape of the entire legal profession in South Africa and the way lawyers do business will fundamentally change in the future.