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

Rules for the Attorneys' Profession

Part III : The Council

Number of Council members and manner of election and appointment

 

[RULE 3.1 BELOW APPLIES TO THE LSNP ONLY]

3.1 The number of Council members shall be 24.

 

[RULE 3.1 BELOW APPLIES TO THE CLS AND KZNLS ONLY]

3.1 The number of Council members shall be 20.

 

[RULE 3.1 BELOW APPLIES TO THE FSLS ONLY]

3.1 The number of Council members shall be 12.

 

[RULES 3.2, 3.2.1, 3.2.2 AND 3.2.3 BELOW APPLY TO THE LSNP ONLY]

3.2        In respect of the Council:

3.2.1 fifty percent shall be practitioners who are not members of the National Association of Democratic Lawyers (NADEL) or the Black Lawyers Association (BLA) of whom;
3.2.1.1 three (3) shall have their principal places of practice in the magisterial district of Pretoria / Wonderboom;
3.2.1.2 five (5) shall have their principal places of practice in the magisterial district of Johannesburg / Randburg;
3.2.1.3 one (1) shall have his/her principal place of practice in the remainder of the Gauteng Province;
3.2.1.4 one (1) shall have his/her principal place of practice in the Limpopo Province;
3.2.1.5 one (1) shall have his/her principal place of practice in the Mpumalanga Province;
3.2.1.6 one (1) shall have his/her principal place of practice in the North West Province;

 

[RULES 3.2, 3.2.1, 3.2.2 AND 3.2.3 BELOW APPLY TO THE CLS ONLY]

3.2 In respect of the Council:
3.2.1 fifty percent shall be practitioners who are not members of the National Association of Democratic Lawyers (NADEL) or the Black Lawyers Association (BLA); who shall be elected by members who are not members of NADEL or BLA and who shall be representative of such members of the Provinces of the Western Cape, Eastern Cape and Northern Cape. The number of members of each province shall be determined by the non NADEL and non BLA members of the Council holding office immediately prior to the election.
3.2.2 twenty-five percent shall be members of NADEL elected by the members of NADEL in accordance with its procedures and appointed to be members of the Council by NADEL;
3.2.3 twenty-five percent shall be members of the BLA elected by the members of BLA in accordance with its procedures and appointed to be members of the Council by BLA.

 

[RULES 3.2, 3.2.1, 3.2.2 AND 3.2.3 BELOW APPLY TO THE KZNLS AND FSLS ONLY]

3.2 In respect of the Council:
3.2.1 fifty percent shall be practitioners who are not members of the National Association of Democratic Lawyers (NADEL) or the Black Lawyers Association (BLA);
3.2.2 twenty-five percent shall be members of NADEL elected by the members of NADEL in accordance with its procedures and appointed to be members of the Council by NADEL;
3.2.3 twenty-five percent shall be members of the BLA elected by the members of BLA in accordance with its procedures and appointed to be members of the Council by BLA.

 

3.3 No person shall be eligible to be elected or appointed if such person:
3.3.1 has outstanding subscriptions, fines, costs and levies or any other financial obligations due to the society; has a pending application to strike his or her name from the roll of attorneys or to suspend him or her from practice;
3.3.2 is not in possession of a current Fidelity Fund Certificate, where applicable; or
3.3.3 has been found guilty of unprofessional or dishonourable or unworthy conduct during the preceding three years in respect of which a fine of R50 000 or more has, or fines of R50 000 or more in the aggregate have, been imposed.