Legal Practice Act, 2014 (Act No. 28 of 2014)RegulationsRegulations under Section 109(1)(bA) of the Act4A. Rendering of community service by candidate legal practitioners |
(1)
| (a) | For purposes of this regulation “community service” means— |
| (i) | the provision of free legal services by a candidate legal practitioner through structures as contemplated in section 29(2) of the Act; and |
| (ii) | the provision of legal services at no fee or at a reduced fee to individuals, groups or organisations seeking to secure or protect civil rights, civil liberties or public rights or to charitable, religious, civic, community and educational organisations in matters, in furtherance of the organisational purposes, where the payment of standard legal fees would cause hardship; and |
| (b) | “Pro bono services” means legal services by a candidate legal practitioner of a quality equal to that afforded to paying clients, at no fee or expectation of compensation from the client, and principally to benefit poor, underprivileged or marginalised persons or communities or the organisations that assist them. |
| (2) | A candidate legal practitioner must render community service for at least eight hours per annum. |
| (3) | A person who commences to serve as a candidate legal practitioner during the course of a calendar year must perform community service for a pro rata number of hours applicable annually. |
| (4) | The periods of service referred to in subregulations (2) and (3) may be intermittent or continuous. |
| (5) | Any extra hours of community service rendered in a calendar year may be carried forward as credits for the next calendar year. |
| (6) | Any pro bono services rendered by a candidate legal practitioner will be recognised as community service. |
| (7) | A candidate attorney who renders community service must be supervised by their principal or a person so directed by the principal, and a pupil who renders community service must be supervised by their engaging advocate or a person so directed by the engaging advocate. |
| (8) | Professional standards, as provided for in the code of conduct and the rules will be applicable to community service rendered by a candidate legal practitioner and non-compliance with the provisions of this regulation must be dealt with by the Council in accordance with the rules. |
| (9) | A candidate legal practitioner must, after completion of their period of practical vocational training, submit to the Council one or more certificates, which substantially correspond to Annexure C to these Regulations, signed by their principal or engaging advocate, as the case may be, confirming that such community service has been rendered. |
[Regulation 4A inserted by section 2(a) and (3) of Notice No. R. 3882, GG49193, dated 25 August 2023 - effective on the date of publication in the Government Gazette (Section (4))]