Statistics Act, 1999
R 385
Attorneys Act, 1979 (Act No. 53 of 1979)1. Definitions |
In this Act, unless the context otherwise indicates—
"advocate"
means an advocate of the High Court of South Africa;
[Definition amended by section 1(a) of Act No. 40 of 2014]
"appropriate legal experience"
means any service which is related to the application of the law and which is prescribed by the Minister;
[Definition inserted by section 1(a) of Act No. 115 of 1993]
"articled clerk"
[Definition of deleted by section 1(a) of Act No. 87 of 1989]
"articles"
means any contract in writing under which any person is bound to serve an attorney for a specified period in accordance with this Act;
"articles of clerkship"
means any contract in writing under which any person is bound to serve an attorney for a specified period in accordance with this Act;
"attend"
for purposes of Chapter I, includes participation in a distance education course approved by the provincial law societies, and 'attended' and 'attending' have a corresponding meaning;
[Definition inserted by section 17(a) of Act No. 62 of 2000]
"attorney"
means any person admitted to practise as an attorney in any part of the Republic, whether in terms of this Act or any other law listed in the Schedule to the Attorneys Amendment Act, 2014;
[Definition amended by section 1(b) of Act No. 40 of 2014]
"banking institution"
means a banking institution as defined in section 1 of the Banks Act, 1965 (Act 23 of 1965), and registered, otherwise than provisionally, or deemed to be registered as a banking institution in terms of section 4 of that Act;
"board of control"
means the Attorneys Fidelity Fund Board of Control referred to in section 27;
[Definition amended by section 1(b) of Act No. of 1989]
"building society"
[Definition deleted by section 1(c) of Act No. 40 of 2014]
"candidate attorney"
means any person bound to serve under articles of clerkship or to perform community service under a contract of service;
[Definition amended by section 1(c) of Act No. 115 of 1993]
"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 society having jurisdiction in the area in which that law clinic is operated, certifies that the law clinic concerned complies with the requirements prescribed by the council of such society for the operation of such clinic; or |
[Paragraph (a) amended by section 1(d) of Act No. 40 of 2014]
| (b) | on behalf of and under the control of the Legal Aid South Africa established under section 2 of the Legal Aid South Africa Act, 2014, and which is approved for this purpose by the Minister; |
[Paragraph (b) amended by section 25(1) of Act No. 39 of 2014]
"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;
[Definition inserted by section 1(d) of Act No. 115 of 1993]
"conveyancer"
means any person duly admitted to practise as a conveyancer within any part of the Republic;
"council"
means the council of a society;
"court"
means any Division of the High Court referred to in section 6(1) of the Superior Courts Act, 2013 (Act No. 10 of 2013), or any local seat thereof having jurisdiction;
[Definition amended by section 1(e) of Act No. 40 of 2014]
"fidelity fund certificate"
means a certificate issued in terms of section 42;
"fund"
means the Attorneys Fidelity Fund referred to in section 25;
[Definition amended by section 1(e) of Act No. 87 of 1989]
"High Court"
means the High Court of South Africa as constituted in terms of section 6(1) of the Superior Courts Act, 2013 (Act No. 10 of 2013);
[Definition inserted by section 1(f) of Act No. 40 of 2014]
"law clinic"
| (a) | means a centre for the practical legal education of students in the faculty of law at a university in the Republic; or |
| (b) | a law centre controlled by, or which is, a non-profit making organisation, which, subject to section 79A, provides legal services to the public free of charge; |
[Definition amended by section 17(b) of Act No. 62 of 2000]
"Minister"
means the Minister of Justice;
"notary"
means any person duly admitted to practise as a notary in any part of the Republic;
"practise"
means practise as an attorney or a notary or conveyancer, and 'practice' has a corresponding meaning;
"practitioner"
means any attorney, notary or conveyancer and includes a juristic person referred to in section 23;
[Definition amended by section 1(g) of Act No. 40 of 2014]
"prescribed"
means prescribed by rule or by regulation made in terms of section 74, 81 or 82;
"principal"
in relation to
| (a) | a candidate attorney, means the attorney who is being served by such candidate attorney under articles of clerkship; |
| (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 South Africa established under section 2 of the Legal Aid South Africa Act, 2014, and who has so practised or been so employed for a period of three years or periods of three years in the aggregate during the preceding four years; and |
[Paragraph (c) amended by section 25(1) of Act No. 39 of 2014]
| (d) | a former candidate attorney referred to in section 8(4) performing community service, means the practitioner concerned so referred to; |
[Definition amended by section 1(e) of Act No. 115 of 1993]
"profession"
means the profession of attorney, notary or conveyancer and, in relation to a society, means such profession within the area of jurisdiction of that society;
[Definition amended by section 1(h) of Act No. 40 of 2014]
"professional company"
means a company referred to in section 23;
"province"
[Definition deleted by section 1(f) of Act No. 115 of 1993]
"provincial division"
means a provincial division as defined in the Supreme Court Act, 1959 (Act 59 of 1959);
"Republic"
[Definition deleted by section 1(f) of Act No. 115 of 1993]
"roll"
in relation to a court, means the roll of attorneys or of notaries or of conveyancers of that court;
"secretary"
in relation to a society, includes an assistant secretary, a director or an assistant director of that society;
[Definition amended by section 1(i) of Act No. 40 of 2014]
"society"
means any law society referred to in section 56;
"Supreme Court"
[Definition deleted by section 1(j) of Act No. 40 of 2014]
"Territory"
[Definition deleted by section 1(f) of Act No. 115 of 1993]
"this Act"
includes the regulations made in terms of section 81;
[Definition inserted by section 1(k) of Act No. 40 of 2014]
"trust account"
in relation to a practising practitioner, means an account comprising—
| (a) | that practitioner's trust banking account referred to in section 78(1); and |
| (b) | any trust savings or other interest-bearing account referred to in section 78(2) or (2A) opened by that practitioner; |
[Definition inserted by section 1(h) of Act No. 87 of 1989]
"unprofessional or dishonourable or unworthy"
in relation to conduct, includes any conduct determined as such.
[Definition amended by section 1(l) of Act No. 40 of 2014]
