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Attorneys Act, 1979 (Act No. 53 of 1979)

Chapter III : Law Societies

72. Council’s disciplinary powers

 

(1) A council conducting an enquiry in terms of section 71 may find the person concerned guilty of unprofessional or dishonourable or unworthy conduct and may—
(a) in the case of a practitioner
(i) impose upon him a fine not exceeding R10 000; or
(ii) reprimand him; or
(iii) for a specified period or until otherwise decided by the council, debar him from engaging or continuing to engage a candidate attorney; and
(iv) recover from him the costs incurred by the council in connection with such enquiry;
(b) in the case of a candidate attorney—
(i) cancel or suspend his articles of clerkship or contract of service;
(ii) impose upon him a fine not exceeding R2 000; or
(iii) reprimand him;
(c) in the case of a former candidate attorney referred to in section 8(4)
(i) debar him from remaining in the employ of the attorney referred to in section 8 4) or 8(5), as the case may be; or
(ii) impose upon him a fine not exceeding R2 000; or
(iii) reprimand him.

[Section 72(1) amended by section 19 of Act No. 66 of 2008]

 

(2) Where a council finds a person referred to in subsection (1) guilty of the conduct referred to therein, it may—
(a) on the conditions determined by it postpone the taking of any steps in respect of him or the imposition of any punishment upon him;
(b) impose a fine referred to in subsection (1), but suspend the payment of such fine, or any part thereof.

 

(3)
(a) If the taking of any steps or the imposition of any punishment has been postponed for a particular period in terms of subsection (2), and if at the end of that period the council concerned is satisfied that the person concerned has substantially observed all the relevant conditions, that council shall inform that person that no steps will be taken in respect of him or that no punishment will be imposed upon him.
(b) If the payment of a fine or any part thereof has been suspended by a council for a particular period in terms of subsection (2), and if at the end of such period the council concerned is satisfied that the person concerned has substantially observed all the relevant conditions, that council shall inform such person that the payment of that fine or that part thereof will not be enforced.

 

(4) A fine imposed at an enquiry in terms of this section and the costs incurred by a council in connection with such enquiry may be recovered by legal process in the magistrate's court of the district in which the office of the society concerned is situate.

 

(5) A council may to such extent and in such manner as may be prescribed publish information relating to an enquiry held by it in terms of section 71.

 

(6) The provisions of this section shall not affect the power of—
(a) a society to apply in terms of the provisions of this Act for the suspension from practice or the striking from the roll of any practitioner against whom an enquiry is being or has been conducted in terms of this Act in respect of the conduct which forms or formed the subject matter of such enquiry;
(b) a competent court, at the instance of the society concerned, to suspend any practitioner from practice or to strike him from the roll.