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

  1. On page 7, after line 48, to insert the following definition:

“Republic” means the Republic of South Africa;”.

  1. On page 7, after line 56, to insert the following definitions:

“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);

  1. “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);”. 

 

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

  1. On page 60, in line 25, after “societies”, to omit “and voluntary associations of advocates”.

 

TABLE OF CONTENTS

 

  1. On page 6, in line 17, after “societies”, to omit “and voluntary associations of advocates”.

 

 

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.