ATC140305: 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:
NCOP Security and Justice
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
-
On
page 7, after line 48, to insert the following definition:
Republic
means the Republic of South
Africa;.
-
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);
-
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
-
On
page 60, in line 25, after societies, to omit
and voluntary associations of advocates
.
TABLE
OF CONTENTS
-
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.
Documents
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