| (1) |
A council may subject to the provisions of subsections (2) and (3) make rules, which shall be binding within the area of jurisdiction of the society, as to— |
| (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; |
| (c) |
the conditions relating to conduct and activities on which persons other than practitioners may be employed by practitioners to assist them in their practices; |
| (d) |
the appointment by the council of persons as honorary members of its society, the rights and privileges of such honorary members and the termination of their membership; |
| (dA) |
legal practice management courses to be completed by attorneys as contemplated in section 13B and determine the period within which such courses must be completed; |
[Section 74(1)(dA) inserted by section 9 of Act No. 55 of 2003]
| (e) |
any matter not provided for in this section which by this Chapter is required or permitted to be prescribed; and |
| (f) |
generally, all matters which the council considers it necessary or expedient to prescribe in order that the purposes of this Chapter may be achieved. |
[Section 74(1) amended by section 25(a) of Act No. 40 of 2014]
| (2) |
Any rule referred to in subsection (1) shall be made with the approval of the Chief Justice of South Africa and, if the Chief Justice is of the opinion that the interests of the public would be adversely affected by the provisions of any such rule, with the approval of the State President. |
| (3) |
A council shall not submit any draft rule to the Chief Justice unless— |
| (a) |
if the draft rule is submitted by the council of— |
| (i) |
the Law Society of the Cape of Good Hope; |
| (ii) |
the Law Society of the Orange Free State; |
| (iii) |
the Natal Law Society; or |
| (iv) |
[Section 74(3)(a)(iv) deleted by section 18(b) of Act No. 115 of 1993] |
| (v) |
the Law Society of the Northern Provinces; and |
| (b) |
the council has consulted with the judge president of the court in the area of jurisdiction of its society. |
[Section 74(3) amended by section 25(b), (c), (d) and (e) of Act No. 40 of 2014]
| (4) |
Rules made under subsection (1) shall come into operation on the date of publication of such rules in the Gazette or on a subsequent date fixed in the notice of publication. |
| (5) |
Any assessment of fees in terms of a rule contemplated in section 69(h) shall be subject to review in all respects as if it were a determination by such officer of the High Court as is charged with the taxation of fees and charges. |
[Section 74(5) amended by section 25(f) of Act No. 40 of 2014]
| (6) |
[Section 74(6) deleted by section 25(g) of Act No. 40 of 2014] |
Older Persons Act, 2006
