Legal Practice Act, 2014 (Act No. 28 of 2014)RulesFinal Rules as per section 95(1), 95(3) and 109(2) of the Legal Practice Act 28 of 2014Part llFees and Charges |
| 2. | Application fees |
[section 95(1) read with section 6(4)(a)]
The following fees (which are inclusive of value-added tax) shall be payable on application to the Council in respect of the matters referred to below:
2.1 |
the registration of a practical vocational training contract, and the examination fee of any such contract; |
R 345 |
2.2 |
issuing of a certificate of good standing; |
R 175 |
2.3 |
cession of a practical vocational training contract, and the examination fee in respect thereof; |
R 345 |
2.4 |
enrolment of a legal practitioner or re-enrolment of a person whose name was removed from the roll as a legal practitioner or as a notary or conveyancer at his or her own request; |
R 460 |
2.5 |
re-enrolment as a legal practitioner, and/or as a notary or conveyancer, subsequent to the name of that legal practitioner being struck off the roll; |
R2 875 |
2.6 |
enrolment as a notary; |
R 690 |
2.7 |
enrolment as a conveyancer; |
R 690 |
2.8 |
registration for the legal practice management course in terms of section 26(1)(c)(ii) of the Act or application for exemption from attendance at the course; |
R 460 |
2.9 |
conversion of enrolment in terms of section 32(1)(a) of the Act; |
R 690 |
2.10 |
conversion of enrolment by an advocate in terms of section 32(1)(b) of the Act. |
R 690 |
| 3. | Annual fees for Fidelity Fund certificates |
[section 95(1)(a) read with section 6(4)(b)]
| 3.1 | Every attorney required to be in possession of a Fidelity Fund certificate, and every advocate contemplated in section 34(2)(b) of the Act, shall pay to the Council an annual fee of R345 (inclusive of value-added tax) for the issue to him or her of a Fidelity Fund certificate, such fee being payable on application for a Fidelity Fund certificate. |
| 3.2 | The amount of the annual fee will be the amount applicable to the practitioner concerned on 1 January of the year in respect of which application for a Fidelity Fund certificate is made; provided that any practitioner enrolled after 30 June in any year shall pay only one half of the annual fee for the year. |
| 4. | Annual fees payable by all legal practitioners |
[section 95(1)(a) read with section 6(4)(c)]
| 4.1 | Every practising legal practitioner who is admitted and enrolled in terms of section 24(1) of the Act as a legal practitioner shall pay an annual fee to the Council at such time as may from time to time be fixed by the Council. That fee (which is inclusive of value-added tax) shall be— |
| 4.1.1 | in the case of a legal practitioner enrolled on the practising roll during the first two years of practise: R1 725; and |
| 4.1.2 | in the case of a legal practitioner enrolled on the practising roll and who has been on the practising roll for more than two years: R4 025. |
[Part II Rule 4.1 substituted by the South African Legal Practice Council, Notice No. 720, GG42919, dated 20 December 2019]
| 4.2 | The amount of the annual fee will be the amount applicable to the practitioner concerned on 1 January of the year to which the fee relates, provided that any legal practitioner enrolled on the practising roll after 30 June in any year shall pay only one half of the annual fee for that year. |
[Part II Rule 4.2 substituted by the South African Legal Practice Council, Notice No. 720, GG42919, dated 20 December 2019]
| 4.3 | The Council may in its discretion, and on application by the legal practitioner, permit the annual fee to be payable in instalments. |
| 5. | Fees payable in respect of examinations conducted by the Council |
[section 95(1)(a) read with section 6(4)(e)]
| 5.1 | Every legal practitioner and every candidate legal practitioner entering any examination conducted by the Council or on behalf of the Council, or repeating any such examination, shall pay the following fees to the Council, which are inclusive of value-added tax: |
5.1.1 |
in respect of the examination referred to in section 26(1)(d) of the Act (candidate legal practitioners); |
R345 |
5.1.2 |
in respect of the examination referred to in section 26(2) of the Act (conveyancers); |
R345 |
5.1.3 |
in respect of the examination referred to in section 26(3) of the Act (notaries). |
R345 |
| 5.2 | Every candidate entering any examinations referred to in rule 5.1 who applies for a re-mark or a re-assessment of his or her examination scripts shall pay a fee equal to twice the fee payable in terms of rule 5.1 for the examination in question; provided that if the candidate successfully passes the examination as a result of the re-mark or re-assessment the fee paid shall be refunded. |
| 6. | Other fees, levies, contributions and charges |
[section 95(1)(a) read with section 6(4)(f)]
Every legal practitioner shall pay to the Council such fees or charges as it considers necessary, as contemplated in the Act, other than those fees, levies, contributions or charges specifically provided for in these rules, at such time and in such amounts as may from time to time be fixed by the Council.
| 7. | Failure to pay fees, levies and charges |
If a legal practitioner or candidate legal practitioner fails to pay any fee, levy or other charge payable by him or her in terms of the Act or in terms of these rules within one month after it has become due, the executive officer appointed in terms of section 19 shall, by letter or by electronic communication, draw his or her attention to that fact; and if the fee, levy or other charge in arrear is not paid within seven days from the date of despatch of that letter or electronic communication, or within such further time as the Council may allow, proceedings for the recovery thereof may be taken against him or her.