ATC230510: Report of the Select Committee on Security and Justice on the 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 10 May 2023

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the 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 10 May 2023.

 

The Select Committee on Security and Justice, having considered the Draft Regulations (Community Service), 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.

 

Committee recommendation to the National Council of Provinces

The Committee, having considered the Draft Regulations (Community Service) submitted in terms of section 94(3) of the Legal Practice Act, 2014 (Act No. 28 of 2014), referred to it on 29 August 2022, recommends the National Council of Provinces approve said Draft Regulations as tabled.

Report to be considered.