WHEREAS section 22 of the Bill of Rights of the Constitution establishes the right to freedom of trade, occupation and profession, and provides that the practice of a trade, occupation or profession may be regulated by law;
AND BEARING IN MIND THAT—
| • | the legal profession is regulated by different laws which apply in different parts of the Republic and, as a result thereof, is fragmented and divided; |
| • | access to legal services is not a reality for most South Africans; |
| • | the legal profession is not broadly representative of the demographics of South Africa; |
| • | opportunities for entry into the legal profession are restricted in terms of the current legislative framework; |
AND IN ORDER TO—
| • | provide a legislative framework for the transformation and restructuring of the legal profession into a profession which is broadly representative of the Republic’s demographics under a single regulatory body; |
| • | ensure that the values underpinning the Constitution are embraced and that the rule of law is upheld; |
| • | ensure that legal services are accessible; |
| • | regulate the legal profession, in the public interest, by means of a single statute; |
| • | remove any unnecessary or artificial barriers for entry into the legal profession; |
| • | strengthen the independence of the legal profession; and |
| • | ensure the accountability of the legal profession to the public. |
Parliament of the Republic of South Africa enacts as follows:—
