| (1) |
Subject to the provisions of subsections (2), (3) and (4), the laws set out in the Schedule are hereby repealed to the extent set out in the third column thereof. |
[Section 86(1) amended by section 33(a) of Act No. 40 of 2014]
| (a) |
Any person referred to in subsection (1) of section 34 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934), who in terms of that subsection was immediately prior to the commencement of this Act entitled to be admitted and enrolled as an attorney shall continue to be so entitled. |
| (b) |
The provisions of this Act shall not be construed so as to deprive any person referred to in subsection (2) of the said section 34 of the right to be admitted as an attorney or a notary or conveyancer or to practise in Natal as an advocate as well as an attorney. |
| (i) |
Any person referred to in subsection (4) of the said section 34 shall notwithstanding the provisions of section 15 (1)(b)(iii) of this Act be entitled to be admitted as an attorney, provided he complies with all the other requirements of this Act. |
| (ii) |
Any person referred to in subsection (5) of the said section 34 shall receive from his employer the salary referred to in that subsection from the date or from the expiry of the period referred to in that subsection. |
| (i) |
Any articled clerk referred to in subsection (6) of the said section 34, shall be entitled to appear as provided in that subsection, and the principal of any such clerk shall be entitled to charge fees in respect of such appearance as if he had appeared himself. |
| (ii) |
The provisions of section 8(3) of this Act shall mutatis mutandis apply in respect of an articled clerk referred to in subparagraph (i). |
| (i) |
The Natal Provincial Division of the Supreme Court may remove the name of any person referred to in subsection (1) of section 35 of the Attorneys, Notaries and Conveyancers Admission Act, 1934, from the roll of attorneys, notaries and conveyancers upon an application of which notice was given as mentioned in that section, and thereupon the provisions referred to in that subsection shall apply in respect of such person. |
| (ii) |
Such division may upon an application, of which notice was given as mentioned in that section, of any person whose name was removed from the roll of attorneys, notaries and conveyancers under subparagraph (i), again admit such person as an attorney or a notary or conveyancer, subject to the provisions of subsection (2) of the said section 35. |
| (iii) |
The provisions of subsection (3) of section 35 shall apply in respect of an application referred to in this paragraph and in respect of the order of admission granted on the ground of such application. |
| (3) |
Anything done or deemed to have been done under any provision of a law repealed by subsection (1), shall be deemed to have been done under the corresponding provision of this Act. |
| (4) |
Any person who, immediately before the commencement of section 33(b) of the Attorneys Amendment Act, 2014, was admitted and entitled to practise as a practitioner in terms of any of the laws repealed by section 35 of that Act continues to be so entitled under this Act, provided that the person complies with all the other requirements of this Act. |
[Section 86(4) inserted by section 33(b) of Act No. 40 of 2014]
| (5) |
Despite the provisions of section 15(1)(b)(ivA), any person who, in terms of the Attorneys, Notaries and Conveyancers Act, 1984 (Act No. 29 of 1984) (Bophuthatswana), was, immediately before the commencement of section 33(b) of the Attorneys Amendment Act, 2014, entitled to be admitted and enrolled as an attorney, continues to be so entitled: Provided that all other requirements of this Act for admission and enrolment as an attorney have been met. |
[Section 86(5) inserted by section 33(b) of Act No. 40 of 2014]
| (6) |
A degree at any university in the former Republics of Transkei, Bophuthatswana, Venda and Ciskei, which has been designated in terms of section 2(1)(aB), will be acknowledged for purposes of articles of clerkship referred to in section 4A(b)(ii) and admission as attorney referred to in 15(1)(b)(iii): Provided that all other requirements of this Act for entering into articles of clerkship or admission as an attorney have been met. |
[Section 86(6) inserted by section 33(b) of Act No. 40 of 2014]
Older Persons Act, 2006
