Attorneys Act, 1979 (Act No. 53 of 1979)Chapter I : Practitioners: Qualifications, Admission and Removal from Roll11. Termination of articles or contract of service |
| (1) | If articles of clerkship are or a contract of service is for any reason cancelled, abandoned or ceded, the principal with whom the candidate attorney concerned is serving at that time shall forthwith in writing notify the secretary of the society of such cancellation, abandonment or cession. |
| (2) | If articles of clerkship have or a contract of service has been cancelled or abandoned before completion thereof, the court may in its discretion on the application of the person who served under such articles or contract of service and subject to such conditions as the court may impose, order that for the purposes of this Act, the whole or such part of the period served under such articles or contract of service as the court deems fit, be added to any period served by that person under articles or a contract of service entered into after the first-mentioned articles were or contract of service was cancelled or abandoned, and any period so added shall for the purposes of this Act be deemed to have been served under the last-mentioned articles or contract of service and continuously with any period served thereunder. |
| (3) | 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 (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, the court may, on the application of such person and subject to such conditions as the court may impose, order— |
| (a) | that, for the purposes of this Act, the whole of the period so served or such part thereof as the court deems fit be added to any period served by such person after he satisfied such requirements or became so entitled under articles of clerkship entered into after the first-mentioned articles were cancelled or abandoned, and thereafter any period so added shall be deemed to have been served- |
| (i) | after he or she satisfied such requirements; and |
| (ii) | under the articles entered into after the first-mentioned articles were cancelled or abandoned and continuously with any period served thereunder; |
| (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 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. |
[Section 11(3)(b) amended by section 7(c) of Act No. 78 of 1997]
[Section 11(3) amended by section 7(a) of Act No. 78 of 1997]
[Section 11 amended by section 10 of Act No. 115 of 1993]