Legal Practice Act, 2014 (Act No. 28 of 2014)

Chapter 1 : Definitions, Application and Purposes of Act

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"Admission of Advocates Act"

means the Admission of Advocates Act, 1964 (Act No. 74 of 1964);

"advocate"

means a legal practitioner who is admitted and enrolled as such under this Act;

"appeal tribunal"

means an appeal tribunal established in terms of section 41;

"assessment"

means the process under which it is determined whether a candidate legal practitioner has successfully attained the level of competence referred to in section 28;

"attorney"

means a legal practitioner who is admitted and enrolled as such under this Act;

"Attorneys Act"

means the Attorneys Act, 1979 (Act No. 53 of 1979);

"Auditor-General"

means the person appointed as the Auditor-General in terms of section 193 of the Constitution;

"bank"

means a bank as deﬁned in section 1 of the Banks Act, 1990 (Act No. 94 of 1990), and registered, otherwise than provisionally, or regarded as having been registered as a bank in terms of Chapter III of that Act;

"Board"

means the Legal Practitioners’ Fidelity Fund Board established in terms of section 61;

"candidate attorney"

means a person undergoing practical vocational training with a view to being admitted and enrolled as an attorney;

"candidate legal practitioner"

means a person undergoing practical vocational training, either as a candidate attorney or as a pupil;

"code of conduct"

means a written code setting out rules and standards relating to ethics, conduct and practice for legal practitioners and its enforcement through the Council and its structures, which may contain different provisions for advocates and attorneys and different provisions for different categories of legal practitioners;

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

"conveyancer"

means any practising attorney who is admitted and enrolled to practise as a conveyancer in terms of this Act;

"Council"

means the South African Legal Practice Council established in terms of section 4;

"court"

means any court in the Republic as deﬁned in section 166 of the Constitution;

"Department"

means the Department of Justice and Constitutional Development;

"disciplinary body"

means—

(a)	an investigating committee;

(b)	a disciplinary committee; or

(c)	an appeal tribunal, as the case may be;

"Director-General"

means the Director-General of the Department;

"Fidelity Fund certiﬁcate"

means the certiﬁcate referred to in section 85;

"ﬁnancial year"

means the ﬁnancial year of the Fund referred to in section 59;

"Fund"

means the Legal Practitioners‘ Fidelity Fund referred to in section 53;

"High Court"

means the High Court of South Africa established by section 6 of the Superior Courts Act, (Act No. 10 of 2013), or, if the context indicates otherwise, the Division thereof having jurisdiction;

"justice centre"

means an office of Legal Aid South Africa and includes a satellite office;

"law clinic"

means a law clinic referred to in section 34(8);

"Legal Aid South Africa"

means the Legal Aid Board established in terms of section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969);

"legal practitioner"

means an advocate or attorney admitted and enrolled as such in terms of sections 24 and 30, respectively;

"LLB degree"

means a Bachelor of Laws, also referred to as a degree of baccalaureus legum, referred to in section 26;

"magistrates’ court"

means a regional court or a district court established in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);

"Minister"

means the Minister of Justice and Constitutional Development;

"notary"

means any practising attorney who is admitted and enrolled to practise as a notary in terms of this Act;

"Ombud"

means the person appointed by the President as a Legal Services Ombud in terms of section 47;

"practical vocational training"

means training required in terms of this Act to qualify as a candidate attorney or pupil in order to be admitted and enrolled as an attorney or advocate;

"prescribed"

means prescribed by regulation and "prescribe" has a corresponding meaning;

"Provincial Council"

means a Provincial Council established in terms of section 23;

"pupil"

means a person undergoing practical vocational training with a view to being admitted and enrolled as an advocate;

"Republic"

means the Republic of South Africa;

"Roll"

means the Roll of Legal Practitioners referred to in section 30(3);

"rules"

means the rules of the Council;

(a)	for the purposes of sections 48(3)(a) and (d) and 52(1), means the rules of the Legal Services Ombud; and

(b)	for the purposes of sections 63(1)(e) and (f), means the rules of the Board;

"South African Human Rights Commission"

means the South African Human Rights Commission referred to in Chapter 9 of the Constitution;

"state advocate"

means a person who has been admitted and enrolled as an advocate in terms of this Act, and who is appointed by the National Prosecuting Authority of South Africa as a state advocate in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);

"state attorney"

means a person who has been admitted and enrolled as an attorney in terms of this Act, and who is appointed as a state attorney in terms of the State Attorney Act, 1957 (Act No 56 of 1957);

"this Act"

includes any regulation, rule or notice made or issued in terms of this Act;

"trust account practice"

means a practice conducted by—

(a)	one or more attorneys who are; or

(b)	an advocate referred to in section 34(2)(b) who is, in terms of this Act, required to hold a Fidelity Fund certiﬁcate.