Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)Chapter 5 : General Provisions26. Transitional arrangements |
| (1) |
| (a) | Any person who, immediately before the commencement of this Act, held an office in terms of section 4(1) of the Legal Aid Act, 1969 (Act No. 22 of 1969), is deemed to have been appointed in terms of this Act, and remains in that office for a period of 12 months after the commencement of this Act. |
| (b) | The persons referred to in paragraph (a), the chief executive officer referred to in paragraph (c) and the three persons referred to in paragraph (d) must, within the 12 month period referred to in paragraph (a), facilitate the composition and appointment of a Board as provided for in section 6. |
| (c) | Despite paragraph (a), the chief executive officer of Legal Aid South Africa holding office at the time of the commencement of this Act is deemed to be a member of the Board for the 12 month period referred to in paragraph (a), who is thereafter eligible for appointment in terms of section 15. |
| (d) | Despite paragraph (a), the Board, as constituted by virtue of paragraphs (a) and (c), must, as soon as possible after the commencement of this Act, but not later than three months thereafter, nominate the three persons referred to in section 6(1)(d) for purposes of appointment by the Minister in terms of that section for the 12 month period referred to in paragraph (a), who are thereafter eligible for appointment in terms of that section. |
| (e) | The Minister must, as soon as possible after the commencement of this Act, but not later than three months thereafter, designate one of the persons referred to in paragraph (a) as deputy chairperson of the Board for the 12 month period referred to in paragraph (a). |
| (2) | Any person who, immediately before the commencement of this Act, was employed by the Board under the Legal Aid Act, 1969 (Act No. 22 of 1969), continues in that employment and is deemed to have been appointed in terms of this Act. |
| (3) | Anything done in terms of a law repealed by section 25 and which could have been done in terms of this Act is regarded as having been done in terms of this Act. |
| (4) |
| (a) | Subject to paragraph (b), all measures which, immediately before the commencement of this Act, were in operation and applied to office-bearers, officers, employees and agents of Legal Aid South Africa, including measures regarding their remuneration, pension, leave and any other terms and conditions of service, continue in operation and apply until they are amended or repealed by this Act. |
| (b) | No measure referred to in paragraph (a) may, except in accordance with an applicable law or agreement, be changed in a manner which affects those office-bearers, officers, employees and agents of Legal Aid South Africa to their detriment. |
| (5) | All assets, rights, liabilities and obligations which, immediately before the commencement of this Act, vested in the Legal Aid Board under the Legal Aid Act, 1969 (Act No. 22 of 1969), pass to Legal Aid South Africa established under this Act on the date of commencement of this Act. |
| (6) |
| (a) | The Legal Aid Guide in force on the date of commencement of this Act remains in force until it is withdrawn and replaced by regulations made under section 23(1) and the Legal Aid Manual referred to in section 24(1). |
| (b) | The first regulations and Legal Aid Manual referred to in paragraph (a) must be made and published within 24 months after the commencement of this Act. |