| (a) | The Minister must, within six months after receiving recommendations from the National Forum as provided for in section 97(1)(a), make regulations by publication in the Gazette, in consultation with the National Forum, in order to give effect to the recommendations of the National Forum as contemplated in section 97(1)(a). |
| (b) | If the National Forum fails to make recommendations as provided for in paragraph (a), within the timeframe provided for in section 97, the Minister must, within six months, make the regulations in question, after consultation with the National Forum. |
| (bA) | The Minister must, after receiving recommendations from the National Forum as contemplated in section 97(6), and in consultation with the National Forum, make the regulations contemplated in section 94 by publication in the Gazette, before the date of commencement of Chapter 2. |
[Section 109(1)(bA) inserted by section 10(a) of Act No. 16 of 2017]
| (c) | Any regulation made under this subsection must, before publication thereof in the Gazette, be approved by Parliament. |
| (a) | The National Forum must, within 24 months after the commencement of this Chapter, make rules by publication in the Gazette in respect of the following: |
| (iii) | the procedure and directions pertaining to the assessment of persons undergoing practical vocational training; |
| (iv) | the criteria for a person, institution, organisation or association to qualify to conduct an assessment; |
| (v) | the procedures to be followed by disciplinary bodies; |
| (vi) | the manner and form in which complaints of misconduct relating to legal practitioners, candidate legal practitioners or juristic entities must be lodged with the Council; and |
| (vii) | any other matter in respect of which rules must be made in terms of this Chapter. |
| (b) | Before the National Forum makes any rule under this subsection, it must publish a draft of the proposed rule in the Gazette together with a notice, calling on interested persons to comment in writing within a period stated in the notice, which may not be less than 30 days from the date of publication of the notice. |
| (c) | If the National Forum alters the draft rules as a result of any comments, it need not publish those alterations before making the rule. |
| (d) | The National Forum may, if circumstances necessitate the publication of a rule without giving notice, as provided for in paragraph (b), publish that rule without prior publication of a draft as provided for in paragraph (b), provided that the notice of publication states— |
| (i) | the reason why circumstances necessitated that publication without prior publication of a draft as provided for in paragraph (b); and |
| (ii) | that any person who is aggrieved by the rule may make representations to the National Forum within a period stated in the notice, which may not be less than 30 days from the date of publication of the notice. |
| (3) | The National Forum must, before the date of commencement of Chapter 2, make rules as contemplated in section 95(1) and (3) by publication in the Gazette and the provisions of subsection (2)(b), (c) and (d) apply with the changes required by the context. |
[Section 109(3) inserted by section 10(b) of Act No. 16 of 2017]
