Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 1 : Definitions, Application and Purposes of Act1. Definitions |
In this Act, unless the context otherwise indicates—
means the Admission of Advocates Act, 1964 (Act No. 74 of 1964);
"advocate"
means a legal practitioner who is admitted and enrolled as such under this Act;
means an appeal tribunal established in terms of section 41;
means the process under which it is determined whether a candidate legal practitioner has successfully attained the level of competence referred to in section 28;
means a legal practitioner who is admitted and enrolled as such under this Act;
means the Attorneys Act, 1979 (Act No. 53 of 1979);
means the person appointed as the Auditor-General in terms of section 193 of the Constitution;
means a bank as defined in section 1 of the Banks Act, 1990 (Act No. 94 of 1990), and registered, otherwise than provisionally, or regarded as having been registered as a bank in terms of Chapter III of that Act;
means the Legal Practitioners’ Fidelity Fund Board established in terms of section 61;
means a person undergoing practical vocational training with a view to being admitted and enrolled as an attorney;
means a person undergoing practical vocational training, either as a candidate attorney or as a pupil;
means a written code setting out rules and standards relating to ethics, conduct and practice for legal practitioners and its enforcement through the Council and its structures, which may contain different provisions for advocates and attorneys and different provisions for different categories of legal practitioners;
means the Constitution of the Republic of South Africa, 1996;
means any practising attorney who is admitted and enrolled to practise as a conveyancer in terms of this Act;
means the South African Legal Practice Council established in terms of section 4;
means any court in the Republic as defined in section 166 of the Constitution;
means the Department of Justice and Constitutional Development;
means—
| (a) | an investigating committee; |
| (b) | a disciplinary committee; or |
| (c) | an appeal tribunal, as the case may be; |
means the Director-General of the Department;
means the certificate referred to in section 85;
means the financial year of the Fund referred to in section 59;
means the Legal Practitioners‘ Fidelity Fund referred to in section 53;
means the High Court of South Africa established by section 6 of the Superior Courts Act, (Act No. 10 of 2013), or, if the context indicates otherwise, the Division thereof having jurisdiction;
means an office of Legal Aid South Africa and includes a satellite office;
means a law clinic referred to in section 34(8);
means the Legal Aid Board established in terms of section 2 of the Legal Aid Act, 1969 (Act No. 22 of 1969);
means an advocate or attorney admitted and enrolled as such in terms of sections 24 and 30, respectively;
means a Bachelor of Laws, also referred to as a degree of baccalaureus legum, referred to in section 26;
means a regional court or a district court established in terms of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);
means the Minister of Justice and Constitutional Development;
means any practising attorney who is admitted and enrolled to practise as a notary in terms of this Act;
means the person appointed by the President as a Legal Services Ombud in terms of section 47;
means training required in terms of this Act to qualify as a candidate attorney or pupil in order to be admitted and enrolled as an attorney or advocate;
means prescribed by regulation and "prescribe" has a corresponding meaning;
means a Provincial Council established in terms of section 23;
means a person undergoing practical vocational training with a view to being admitted and enrolled as an advocate;
means the Republic of South Africa;
means the Roll of Legal Practitioners referred to in section 30(3);
means the rules of the Council;
| (a) | for the purposes of sections 48(3)(a) and (d) and 52(1), means the rules of the Legal Services Ombud; and |
| (b) | for the purposes of sections 63(1)(e) and (f), means the rules of the Board; |
means the South African Human Rights Commission referred to in Chapter 9 of the Constitution;
means a person who has been admitted and enrolled as an advocate in terms of this Act, and who is appointed by the National Prosecuting Authority of South Africa as a state advocate in terms of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);
means a person who has been admitted and enrolled as an attorney in terms of this Act, and who is appointed as a state attorney in terms of the State Attorney Act, 1957 (Act No 56 of 1957);
includes any regulation, rule or notice made or issued in terms of this Act;
means a practice conducted by—
| (a) | one or more attorneys who are; or |
| (b) | an advocate referred to in section 34(2)(b) who is, in terms of this Act, required to hold a Fidelity Fund certificate. |