Legal Practice Act, 2014 (Act No. 28 of 2014)

Chapter 2 : South African Legal Practice Council

Part 1 : Establishment, powers and functions of South African Legal Practice Council

12. Removal from office

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(1)The Council may remove a member of the Council from office on account of—
(a)a finding by a disciplinary committee in terms of section 40 of any serious misconduct as set out in the code of conduct contemplated in section 36 on the part of a legal practitioner;
(b)incapacity or incompetency which, in the opinion of the Council, debars him or her from serving as a member of the Council;
(c)absence  from  three  consecutive  meetings  of  the  Council  without  the permission of the chairperson, except on good cause shown;
(d)a request by the body which or person who elected or designated that member in terms of section 7, on good cause shown by the body or person in question; or
(e)his or her becoming disqualified to remain as a member of the Council as contemplated in section 8(2).

 

(2)If the Council has commenced proceedings for the removal of a member, it may suspend that member from office.

 

(3)A member who is suspended from office may not perform or exercise any of the powers or functions of that office or receive any allowances.

 

(4)The Council must follow due process of law if it intends to remove or suspend a member from office, as determined by the Council in the rules.