SUBMISSION OF LEGISLATTVE PROPOSAL IN TERMS OF RULE 234 OF THE NATIONAL ASSEMBLY RULES: ADMISSION OF ADVOCATES DRAFT AMENDMENT BILL

Please find attached a copy of the memorandum required in terms of Rule 234(1) pertaining to the Admission of Advocates Draft Amendment Bill which I intend introducing in the National Assembly in an individual capacity for purposes of obtaining the Assembly's permission in terms of Rule 230(1).

It is submitted that the attached memorandum conforms to the requirements as set out in the rule.

You are hereby requested to table the memorandum in the National Assembly as required in terms of Rule 234(1 ) as well as to the Committee for Private Members' Legislative Proposals and Special Petitions.

Thanking you in anticipation.

Yours faithfully

Adv HC Schmidt MP

 

ADMISSION OF ADVOCATES AMENDMENT BILL

Private Members' Bill

Submitted in terms of section 73(2) read with section 76(1) of the Constitution.

Notice is hereby given of the introduction of a private member' s bill in terms of section 73(2) read with section 76(1) of the Constitution. In terms of Rule 234 (read with rule 230(1], a member must submit to the Speaker a memorandum which—

  1. sets out particulars of the proposed legislation;
  2. explains the objects of the proposed legislation; and
  3. states whether the proposed legislation will have financial implications for the State and, if so, whether those implications may be a determining factor when the proposed legislation is considered.

The Honourable Speaker is requested to deal with this Bill in terms of section 235 of the National Assembly Rules.

A PARTICULARS OF PROPOSED LEGISLATION

ADMISSION OF ADVOCATES AMENDMENT BILL

To provide for the admission of advocates who have been admitted to practice as an advocate and has been practising as such for at least 15 years in any country designated by the Minister.

  1. This Bill may be cited as the Admission of Advocates Amendment Bill
  2. The Admission of Advocates Act, No. 74 of 1964, is amended by the insertion of section (3)(2)(a)(iii) which reads as follows:

"or,

(iii) has been duly admitted, and remains duly admitted, to practice as an advocate or member of an acknowledged referral association in any country designated by the Minister in terms of subparagraph (ii) and who satisfies the court that he has practised as such for a period of not less than fifteen years;"

B THE OBJECTS OF THE PROPOSED LEGISLATION

The intended Bill has as object-

  1. To provide for a legislative framework for the admission of advocates already admitted and who have practised for a period of no less than 15 years in countries designated by the Minister and who, despite terminating their citizenship or permanent residency of such a designated country, which termination currently leads to the disqualification of practising advocates from that designated country from practising in the High Court of South Africa, can continue to practice as an Advocate of the South African High Court.
  2. To provide for the removal of the anomalous position where an advocate, having been admitted and practised in a designated country, with a legal qualification from a foreign country other than the designated country or South Africa, is disqualified from practising in South Africa once that advocate terminates his citizenship or permanent residency of that designated country and is granted citizenship or permanent residence of South Africa due to him / her not being qualified in South Africa nor the designated country but was previously allowed to practice as an advocate in South Africa.
  3. To provide for the instance where an advocate, having been admitted and practised for a period of at least 15 years in a designated country and having obtained an acceptable degree of knowledge and experience due to his or her continued practice in that country, can on that particular ground, continue to practice as an advocate of the High Court of South Africa despite terminating his or her citizenship or residency in a designated country and being granted citizenship or residency in South Africa.
  1. Financial Implication


The legislation will have no financial implications on the state.