Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part III : The Council

Council meetings
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11.1Meetings of the Council shall, so far as practicable in the opinion of the Council, be held at least once in each calendar month (except December) on such dates and at such times and places as may from time to time be determined by the Council or, otherwise, by the president, and shall be convened by the Council at its preceding meeting or, should the Council fail to do so, by the president; provided that the president may at any time mero motu convene a meeting of the Council in such manner as he or she shall determine; provided further that the secretary shall forthwith, if requested in writing so to do by members representing not less than one-fifth of the Council members in office, convene a special meeting of the Council at such time and place as he or she may determine by not less than seven nor more than 14 days’ notice in writing, stating the business to be considered.

 

11.2When convening a meeting mero motu, the president may in cases which are, in his or her judgment, of sufficient urgency, give such period of notice of the meeting, and in such manner as he or she thinks fit, to the members of the Council provided that no decision shall be taken at such a meeting unless a quorum be present and the decision be unanimous.

 

11.3A resolution, other than a written resolution, taken on the motion of the president on a matter which is, in his or her opinion, of sufficient urgency, shall, although not taken at a meeting of the Council but by such other means of communication as the president may deem fit to employ, if all those members of the Council who are readily accessible have been consulted and if the majority of all members of the Council who are then in office have expressed their assent, be as valid and effectual as if it had been passed at a meeting of the Council duly convened and held.

 

11.4Every such resolution shall as soon as possible thereafter be recorded in writing and such record shall be deemed to be a minute of a meeting, shall be entered in the minute book referred to in rule 11.6 and shall be noted by the next following meeting of the Council.

 

[RULE 11.5 BELOW APPLIES TO THE LSNP, KZNLS AND FSLS ONLY]

11.5Save where otherwise provided in these rules, fifty percent plus one of the members of the Council shall form a quorum; provided that if a quorum is not present within 15 minutes after the time fixed for the commencement of the meeting it shall stand adjourned to the corresponding time on the seventh day thereafter at the same place, and the members then present shall constitute a quorum; and provided further that if the last-mentioned date is a public holiday the meeting shall not take place on that day but shall stand adjourned instead to the corresponding time and the same place on the next succeeding business day, not being a public holiday, a Saturday or a Sunday.

 

[RULE 11.5 BELOW APPLIES TO THE CLS ONLY]

11.5At any meeting of the Council a quorum shall be twelve members personally present. If a Councillor is unable to be present at a Council meeting, the Council member representing the constituent of such Council member as referred to in Rules 3.2.1, 3.2.2 or 3.2.3 may appoint an alternate member from such constituent to represent the absent Councillor.

 

11.6Minutes shall be kept in a minute book, to be maintained by the secretary, of every meeting of the Council and at each ordinary monthly meeting of the Council the minutes of the previous ordinary monthly meeting and of all meetings held since shall be read, or if so resolved by the Council, taken as read and shall, subject to any necessary correction, be signed by the chairperson as being a correct record of the proceedings of the meeting or meetings concerned.

 

11.7No resolution passed at any meeting of the Council shall be rescinded at any subsequent meeting unless not less than 10 days’ written notice of the intention to propose such rescission shall have been given in the notice of the meeting; provided that such notice may be dispensed with by the Council if, at its meeting at which the proposed rescissions are to be considered, every member of the Council then in office is present and agrees to waive notice and to the motion being moved.

 

11.8Subject to the provisions of the Act and of these rules, the Council may make, vary and rescind regulations for its meetings and proceedings and for the appointment and regulation of the proceedings of its committees.