Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 2 : South African Legal Practice CouncilPart 1 : Establishment, powers and functions of South African Legal Practice Council14. Dissolution of Council |
| (1) | If the Minister loses confidence in the ability of the Council to perform its functions effectively and efficiently, the Minister must— |
| (a) | provide the Council with his or her reasons; |
| (b) | give the Council a reasonable opportunity to respond to those reasons; and |
| (c) | afford the Council a hearing on any submissions received. |
| (2) | If, after taking the steps provided for in subsection (1), the Minister still does not have confidence in the ability of the Council to perform its functions effectively and efficiently, he or she must request the Ombud to conduct an investigation and make recommendations to him or her. |
| (3) | If, after receiving the recommendations from the Ombud as contemplated in subsection (2), the Minister still has concerns in the ability of the Council to perform its functions effectively and efficiently, and the Minister is of the view that it is in the best interests of the administration of justice that the Council be dissolved, he or she must, in order to do so, approach the High Court with an application for an order dissolving the Council, together with any terms or conditions that the court deems appropriate. |
| (4) |
| (a) | If the Minister dissolves the Council pursuant to a court order contemplated in subsection (3), the Minister must, having regard to the provisions of section 7, appoint an interim Council, consisting of at least seven persons and give effect to any conditions or terms contained in the court order. |
| (b) | The interim Council must be appointed within 21 days after the dissolution of the Council and must be appointed for a period determined by the Minister or the court, which period may not exceed six months. |
| (5) |
| (a) | The Minister must from among the members of the interim Council designate a chairperson of the interim Council. |
| (b) | The interim Council must elect a deputy chairperson from among its members and the deputy chairperson holds office for such period as the interim Council may determine at the time of his or her election. |
| (6) | The chairperson of the interim Council may, at any time of his or her own accord, or must, at the written request of not fewer than five members, convene a special meeting of the interim Council. |
| (7) | Five members of the interim Council form a quorum for a meeting of the interim Council. |
| (8) | Sections 15, 16, 17, 18, and 21 apply with the necessary changes required by the context in respect of the interim Council. |