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

Chapter 3 : Regulation of Legal Practitioners and Candidate Legal Practitioners

33. Authority to render legal services

 

(1) Subject to any other law no person other than a practising legal practitioner who has been admitted and enrolled as such in terms of this Act may, in expectation of any fee, commission, gain or reward—

[Words preceding section 33(1)(a) substituted by section 4(a) of Act No. 16 of 2017]

(a) appear in any court of law or before any board, tribunal or similar institution in which only legal practitioners are entitled to appear; or
(b) draw up or execute any instruments or documents relating to or required or intended for use in any action, suit or other proceedings in a court of civil or criminal jurisdiction within the Republic.

 

(2) No person other than a legal practitioner may hold himself or herself out as a legal practitioner or make any representation or use any type or description indicating or implying that he or she is a legal practitioner.

 

(3) No person may in expectation of any fee, commission, gain or reward, directly or indirectly, perform any act or render any service which in terms of any other law may only be done by an advocate, attorney, conveyancer or notary, unless that person is a practising advocate, attorney, conveyancer or notary, as the case may be.

[Section 33(3) substituted by section 4(b) of Act No. 16 of 2017]

 

(4) A legal practitioner who is struck off the Roll or suspended from practice may not—
(a) render services as a legal practitioner directly or indirectly for his or her own account, or in partnership, or association with any other person, or as a member of a legal practice; or
(b) be employed by, or otherwise be engaged, in a legal practice without the prior written consent of the Council, which consent may not be unreasonably withheld, and such consent may be granted on such terms and conditions as the Council may determine.