WHEREAS section 22 of the Bill of Rights of the Constitution establishes the right to freedom of trade, occupation and profession, and provides that the practice of a trade, occupation or profession may be regulated by law;
AND BEARING IN MIND THAT—
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the legal profession is regulated by different laws which apply in different parts of the Republic and, as a result thereof, is fragmented and divided; |
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access to legal services is not a reality for most South Africans; |
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the legal profession is not broadly representative of the demographics of South Africa; |
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opportunities for entry into the legal profession are restricted in terms of the current legislative framework; |
AND IN ORDER TO—
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provide a legislative framework for the transformation and restructuring of the legal profession into a profession which is broadly representative of the Republic’s demographics under a single regulatory body; |
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ensure that the values underpinning the Constitution are embraced and that the rule of law is upheld; |
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ensure that legal services are accessible; |
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regulate the legal profession, in the public interest, by means of a single statute; |
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remove any unnecessary or artificial barriers for entry into the legal profession; |
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strengthen the independence of the legal profession; and |
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ensure the accountability of the legal profession to the public. |
Parliament of the Republic of South Africa enacts as follows:—
Financial Services Board Act, 1990
