Report of
the Select Committee on Security and Constitutional Development on the Legal Practice Bill [B20B-2012
(National Assembly – Section 76)], dated 5 March 2014:
The
Select Committee on Security and Constitutional
Development, having deliberated on and considered the subject of the Legal Practice Bill [B20B-2012
(National Assembly – Section 76)], referred to it and classified by the JTM as
a section 76 Bill, reports that it has agreed to an amended Bill [B20D-2012].
1. Amendments agreed to:
LEGAL
PRACTICE BILL [B20B – 2012]
CLAUSE 1
“ “Republic” means the Republic of South
Africa;”.
“ “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);
CLAUSE 29
1.
On page 19, in line 15, after “by”, to insert “practising”.
2.
On page 19, in line 24, to omit “(e)” and to substitute “(d)”.
3.
On page 19, in line 26, to omit “(f)” and to substitute “(e)”.
CLAUSE 50
1.
On page 32, in line 28, to omit “udge” and to
substitute “judge”.
CLAUSE 93
1.
On page 49, in line 21, after “suspended,” to
omit “is guilty of” and to substitute “commits”.
2.
On page 49, in line 23, after “section 33”,
to omit “is guilty of” and to substitute “commits”.
3.
On page 49, from line 26, after “section 34”,
to omit “is guilty of” and to substitute “commits”.
4.
On page 49, in line 34, to omit “is guilty
of” and to substitute “commits”.
5.
On page 49, in line 52, to omit “is guilty
of” and to substitute “commits”.
6.
On page 49, in line 54, to omit “is guilty
of” and to substitute “commits”.
7.
On page 49, in line 57, after “section 80,”,
to omit “is guilty of” and to substitute “commits”.
8.
On page 49, in line 60, after “services”, to
omit “is”.
9.
On page 49, in line 61, after “(a)”, to omit “guilty of” and to
substitute “commits”.
10. On
page 50, in line 1, after “(b)”, to
insert “is”.
11. On
page 50, in line 2, after “(c)”, to
insert “is”.
12. On
page 50, in line 10, to omit “is guilty of” and to substitute “commits”.
CLAUSE 117
TABLE
OF CONTENTS
PREAMBLE
1.
On
page 2, in the twenty-first line, to omit “national territory” and to
substitute “Republic”.
2.
Certification of the
Bill
The Select Committee certifies that –
a. all amendments are
constitutionally and procedurally in order within the meaning of Joint Rule
161; and
b. no amendments affect
the classification of the Bill.
3. Consensus on the Bill
a.
Support
for the adoption of the Bill was not unanimous. The Western Cape Legislature
did not support the Bill on the following grounds:
i. The Western Cape
objected to the Legal Practice Bill asserting that the formation of the Legal
Practice Council forces advocates and attorneys into one governing body thus constituting
a form of fusion of the profession.
ii. The Western Cape
further asserted that the Bill shall provide the Minister with too much power
over the South African Legal Practice Council, and over the profession as a
whole, specifically the power of dissolution, the prescription of community
service and that of maximum tariffs.
Report
to be considered.