ATC230315: Report of the Portfolio Committee on Justice and Correctional Services on the Draft Regulations, for approval, submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014), dated 15 March 2023

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Draft Regulations, for approval, submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014), dated 15 March 2023

 

The Portfolio Committee on Justice and Correctional Services, having considered the Draft Regulations, for approval, submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014), reports as follows:

 

1. Section 94(1) of the Legal Practice Act, 2014 (Act No. 28 of 2014) (“the Act), provides that the Minister may and, where required in the circumstances, must make regulations relating to several matters relating to the Act.
2. In terms of section 94(3) of the Act, the Minister must table any regulations made in Parliament for approval before publication in the Gazette.
3. Specifically, section 94(1)(j) of the Act provides for regulations regarding the rendering of community service as contemplated in section 29(1) of the Act.
4. Section 29(1) of the Act provides that the Minister must, after consultation with the Legal Practice Council, prescribe the requirements for community service. These requirements may include community service as a component of practical vocational training by candidate legal practitioners; or a minimum period of recurring community service by practising legal practitioners upon which continued enrolment as a legal practitioner is dependent.
5. No Regulations have been made as yet regarding community service.
6. The proposed Regulations provide for the rendering of community service by candidate legal practitioners, who must undertake eight hours per annum community service, and by (practicing) legal practitioners, who must render 40 hours per annum community service.

 

 

Recommendation

 

7. The Committee recommends that the National Assembly approve the draft Regulations submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014).

 

Report to be considered.