Qualification of Legal Practitioners Amendment Act, 1997

1 Words in bold type in square brackets indicate omissions from existing enactments. .. Words underlined with. a solid line indicate insertions in existing enactments. ACT To amend the Admission of Advocates Act, 1964, the Attorneys Act, 1979, and the Recognition of Foreign Legal Qualifications and Practice Act, 1993, so as to provide for the requirement of a universal legal qualification in order to be admitted and enrolled to practise as an advocate or an attorney; and to provide for matters connected therewith. · (Afrikdans text signed by the President.) (Assented to 26 November 1997.) BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 3 of Act 74 of 1964, as amended by section 1 of Act 73 of 1965, section 16 of Act 29of1974, section 1 of Act 39of1977, section 1 of Act 60 of .. 1984, section 1 of Act 17 of 1987, section 2 of Act 106 of 1991, section 2 of Act 55 of 5 1994 and section 1 of Act 33 of 1995

1. Section 3 oftheA.dmission of Advocates Act, 1964 (Act No. 74of1964), is hereby amended by the substitution for item (aa) of subparagraph (i) of paragraph (a) of subsection (2) of the following item: "(aa) has satisfied all the requirements for the degree of baccalaureus legum of any 10 university in the Republic after completing a period of study of not less than [five] four years for that degree; or". Amendment of section 2 of Act 53of1979, as amended by section 1 of Act 108 of 1984 and section 2 of Act 115 of 1993 : .,

2. Section 2 of the Attorneys Act, 1979 (Act No. 53 of 1979) (hereinafter referred to 15 as the principal Act), is hereby amended- . . .. . (a)° by the substitution for paragraph (a) of subsection (I) of the following paragraph: "(a) two years after he or she has satisfied all the requirements for the degree of baccalaureus [procurationis] le gum of any university in the Republic 20 after pursuing for that degree a course of study of not less than four years [which is recognized by the Board for the Recognition of Examina tions in Law established by section 16 of the Universities Act, 1955 · (Act No. 61 of 1955));"; (b) by the insertion in subsection (1) after paragraph (a) of the following 25 paragraph: · 4 No. 18494 GOVERNMENT GAZETIE, 5 DECEMBER 1997 Act No. 78, 1997 QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997 "(aA) two years after he or she has satisfied all the requirements for the degree of bachelor other than the degree of baccalaureus legum, of any university in the Republic or after he or she has been admitted to the status of any such degree by any such university and has satisfied au the requirements for the degree of baccalaureus f egum of any such 5 university after completing a period of study for such degrees of not less than five years in the aggregate;"; (c) by the re-numbering of paragraph (aA) of subsection (1) to (aB); (d) by the deletion of paragraph (b) of subsection (l); (e) by the substitution for paragraph (c) of subsection (l) of the following 10 paragraph: "(c) three years after he or she has satisfied all the requirements for any degree, other than an honorary degree, of any university in the Republic [or has passed an examination conducted by such a university and certified by the Board referred to in paragraph (a) to be equivalent 15 or superior to the examination for such a degree], but has not satisfied the requirements of paragraph (a), (aA) or [(b)] (aB);"; (/) by the substitution for paragraph (cA) of subsection (1) of the following paragraph: "(cA) three years after he or she has satisfied all the requirements for any 20 degree other than an honorary degree, or for other such degrees, of a university in a country designated under paragraph I( aA)] ( aB), and in respect of which degree or degrees a university in the Republic has certified that the syllabus of instruction and the standard of training thereof are equivalent or superior to those required for a corresponding 25 degree of such university in the Republic, [or after he bas passed an examination or examinations conducted by a university in a country so designated and certified by the Board referred to in paragraph (a) to be equivalent or superior to the examination for a degree referred to in paragraph (c)] but has not satisfied the 30 requirements of paragraph (a), (aA), [(b)] (aBJ or (c);"; and (g) by the substitution in subsection (lA) for the words preceding paragraph (a) of the following words: "Any person intending to be admitted as an attorney and who has not served articles of clerkship in terms of subsection (1), and has satisfied all the . 35 requirements for a degree referred to in paragraph (a) or [(aA)] (aB) of subsection (I) [or has become entitled to be admitted as an advocate of the Supreme Court], or the degrees referred to in paragraph (aA) of that · subsection, shall serve under articles of clerkship for a period of one year and shall in addition thereto-". · · · • · 40 Amendment of section 2A of Act 53 of 1979, as inserted by section 3 of Act 115 of 1993

3. Section 2A of the principal Act is hereby amended by the substitution for the' words preceding paragraph (a) of the following words: ••Any person intending to be admitted as an attorney and who has satisfied all of the 45 requirements for a degree referred to in paragraph (a) or[(aA)] (aB) of section 2(1) [or who has become entitled to be admitted as an advocate of the Supreme Court], or the degrees referred to in paragraph ( aA) of that section, and who-". Amendment of section 4 of Act 53 of 1979, as amended by section 3 of Act 108 of 1984 50

4. Section 4 of the principal Act is hereby amended by the substitution for subparagraph (ii) of paragraph (b) of the following subparagraph: . "(ii) satisfied all the requirements for a degree, other than an honorary degree, at any university in the Republic, or for a degree or degrees referred to in paragraph [(aA)] (aB) or (cA) of section 2(1), in respect of which a 55 certification in accordance with those respective paragraphs has been done.". 6 No. 18494 GOVERNMENT GAZETIE, 5 DECEMBER 1997 Act No. 78, 1997 · QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997 Amendment of section 4A of Act 53 of 1979, as inserted by section 4 of Act 115 of 1993 5. · Section 4A of the principal Act is hereby amended by the substitution for subparagraph (ii) of paragraph (b) of the following subparagraph: "(ii) has satisfied all the requitements for a degree referred to in paragraphs (a) or 5 [(aA)] (aB) of section 2(1) [or has become entitled to be admitted as an advocate of the Supreme Court], or the degrees referred to in paragraph ( aA) of that section; and". ' ' Amendment of section 8 of Act 53 of 1979, as substituted by section 6 of Act 87 of 1989 .and amended by section 8 of Act 115 of 1993 10

6. Section 8 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: · "(l) Any candidate attorney who[,;_ . (a) was admitted as an advocate by any division of the Supreme Court or is entitled to be so admitted; or . (b)] has satisfied all the requitements for the degree referred to in paragraph (a) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph [(aA)] (aB) of that section in respect of which a certification in accordance with that paragraph has been . . done, · shall be entitled to appear in any court, other than any division of the Supreme Court, and before any board, tribunal or similar institution in or before which his 2!: her principal is entitled to appear, instead of \Uld on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or · 15 20 · herself had appeared: Provided that such a candidate attorney shall not be entitled 25 to appear in a court of a regional division established under section 2 of the Magistrates'. Courts Act, 1944 (Act No. 32of1944), or a Divorce Court established under section I 0 of the [Black Administration Act, 1927; Amendment Act, 1929] Administration Amendment Act, 1929 (Act No. 9 of 1929), unless he [was so admitted as an advocate or is entitled to be so admitted and] or she- (i) has previously practised as an advocate for at least one year;m:-:- (ii> has served for at least one year under his or her articles or contract of service; 30 or (iii) has at least one year's experience as a state advocate, state prosecutor or magistrate.''. · 35 Amendment of section 11 of Act 53of1979, as substituted by section 10 of Act 115 ~~ ... . '

7. Section 11 of the principal Act is hereby amended- . . . . (a) by the substitution in subsection (3) for the words preceding paragraph (a) of · the following words: , · . . · ·· 40 "If a person who has served any period under articles of clerkship which were cancelled or abandoned before completion thereof, has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2(1), or the degrees referred to in paragraph (aA) of that section, or a degree or degrees referred to in paragraph [(aA)] (aB) or (cA) of that 45 section in respect of which a certification in accordance with those respective paragraphs has been done, [or is entitled to be admitted as an advocate,] the court may, on the application of such person and subject to such conditions as the court may impose, order...:."; · · (b) by the substitution for subparagraph (i) of paragraph (a) of subsection (3) of 50 · the following subparagraph: "(i) ·after he or she satisfied such requirements [or became so entitled]; and"; and · (c) by the substitution for paragraph (b) of subsection (3) of the following paragraph: "(b) if the period served by such person under the first-mentioned articles of clerkship is equal to or exceeds the period which he or she would, at the time of the making of the application, be required to 55 8 No. 18494 GOVERNMENT GAZETIE, 5 DECEMBER 1997 Act No. 78, 1997 QUALIACATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997 serve under articles of clerkship in terms of this Act, that the period so served be considered as adequate service under articles for the purposes of this Act, and thereafter any period so served by such person shall be deemed to have been served after and under articles entered into after he or she satisfied such requirements [or became 5 so entitled].". - - Amendment of section 13 of Act 53 of 1979, as amended by section 2 of Act 76 of 1980, section 1 of Act 60 of 1982, section 2 of Act 56 of 1983, section 6 of Act 108 of 1984, section 10 of Act 87 of 1989 and section 12 of Act 115 of 1993

8. Section 13 of the principal Act is hereby amended- 10 (a) by the substitution for paragraph (b) of subsection (I) of the following paragraph: . "(b) shall, if a university in South Africa which has a law faculty has certified that an examination which he or she has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of 15 training, together with a supplementary examination (if any) required by that university, the requifements of which have been satisfied by that person, equivalent or superior to the examination which is required for the degree mentioned in section 2(I)(a) [and which has been recognized by the Board for lite Recognition of Examinations in Law 20 established by section 16 of the Universities Act, 1955 (Act No. 61 of 1955),] be exempted from satisfying the requirements for the degree mentioned in the said section 2(I)(a);"; and · (b) by the substitution for subsection (3) of the following subsection: "(3) The court may, on the application of a candidate attorney who has 25 satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph [(aA)] (aB) or ( cA) of that section in respect of which a certification in accordance with · those respective paragraphs has been done, [or is entitled to be 30 adtnitted as an advocate,] and subject to such conditions as the court may impose, order that the whole or any part of the period served by that candidate attorney . under articles before he or she satisfied such requirements [or became so entitled], shall, for the purpose of his or her admission and enrolment as an attorney, be regarded as having been 35 served after and under articles entered into after he or she satisfied such requirements [or became so entitled].". - - Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 and amended by section 11 of Act 87of1989, section 14 of Act 115of1993 and section 3 of Act 33 of 1995 40

9. Section 15 of the principli! Act is hereby amended by the substitution for items ( aa), (bb) and (cc) of subparagraph (iii) of paragraph (b) of subsection (1) of the following items, respectively: · "(aa) has satisfied all the requirements for [a] the degree referred to in [section · . 2(1)(a)] paragraph (a) of section 2(1), or for the degrees referred to in 45 paragraph ( aA) of that section, after pursuing for that degree or degrees a course of study referred to in paragraph (a) or (aA) of that section, as the case may be; or (bb) has satisfied all the requirements for a degree or degrees referred to in paragraph [(aA)] (aB) of section 2(1) in respect of which a certification in 50 accordance with that paragraph has been done; or (cc) has previously been admitted as an advocate. [or is entitled to be so adtnitted];". Amendment of section 6 of Act 114of1993

10. Section 6 of the Recognition of Foreign Legal Qualifications and Practice Act, 55 1993 (Act No. 114 of 1993), is hereby amended by the substitution in subsection (2) for 10 No. 18494 GOVERNMENT GAZETTE, 5 DECEMBER 1997 Act No. 78, 1997 QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997 the words following upon item (bb) of subparagraph (i) of paragraph (a) of the following words: . "correspond with the syllabus and standard of training which are normally required by a university in the Republic for the completion of a degree referred to in section 3(2)(a)(i) of the Admission of Adv.ocatesAct, 1964 (Act No. 74of1964), [or] and 5 section 2(l)(a) of the Attorneys Act, 1979 (Act No. 53of1979)[, as the case may be]; and". Transitional provisions 11. (1) Any person who at the commencement of this Act- ( a) has satisfied the requirements for the degree of baccalaureus procurationis; or 10 (b) was registered as a student at any university in the Republic with a view to obtaining the degree of baccalaureus procurationis and has satisfied the · requirements for the said degree on or before 31 December 2004, shall for the purposes of sections 2(1)(a), 2A, 4A(b)(ii), 11(3), 13(3) and 15(1)(b)(iii)(aa) of the Attorneys Act, 1979 (Act No. 53 of 1979), as amended by this 15 Act, be deemed to have satisfied the requirements of the degree referred to in paragraph (a) of section 2(1) of that Act. .. (2) Any candidate attorney who at the commencement of this Act- ( a) has satisfied the requirements for the degree of baccalaureus procurationis; or (b) was registered as a student at any university in the Republic with a view to .20 obtaining the degree of baccalaureus procurationis and provided that he or she has satisfied the requirements for the said degree on or before 31 December 2004, shall be entitled to appear in any court, other than any division of the High Court, a court of the regional division established under section 2 of the Magistrates' Courts Act, 1944 25 (Act No. 32 of 1944), or a· Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared. 30 (3) Nothing in this Act contained shall prejudice any right or privilege, including the right to appear in or before any court of law, tribunal or other body, vested in any person who at the commencement of this Act- · (a) was duly admitted and enrolled- . (i) · as an attorney in tenns of the Attorneys Act, 1979 (Act No. 53 of 35 1979); or (ii) as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74of1964); or : . (b) enjoyed such right or privilege on account of being in possession of any qualification in law, whether prescribed by law or not. · 40 . ( 4) Any provision contained in any other law which is inconsistent with the provisions of section 3 of the Admission of Advocates Act, 1964, or sections 2, 2A, 4, 4A, 8, 11, 13 and 15 of the Attorneys Act, 1979, as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof. (5) Every university in the Republic with a faculty of law, shall take all reasonable 45 steps so as to ensure that students are able to register for the degree referred to in section 3(2)( a)(i) of the Admission of Advocates Act, 1964, and section 2(1 )(a) of the Attorneys Act, 1979, at that university on or before 31 December 1998. Short title . 12. This Act shall be called the Qualification of Legal Practitioners Amendment Act, 50 1997 ..