Legal Practice Act, 2014 (Act No. 28 of 2014)

Regulations

Regulations under Section 109(1)(a)

5. Powers and functions of Provincial Councils
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(1) A legal practitioner and a candidate legal practitioner who has registered a business address within the area of jurisdiction of a Provincial Council falls within the jurisdiction of that Provincial Council.

 

(2) A Provincial Council has the following powers and functions:
(a) To establish committees of the Provincial Council to assist it in the exercise of its powers and the performance of its functions, as contemplated in section 23(6) of the Act;
(b) to enroll duly admitted legal practitioners within the jurisdiction of that Provincial Council;
(c) to maintain the Roll in respect of legal practitioners, notaries and conveyancers within the area of jurisdiction of the Provincial Council;
(d) to receive and process applications for admission by persons within the jurisdiction of that Provincial Council to practise as legal practitioners, conveyancers or notaries, pursuant to the provisions of section 24(2) of the Act;
(e) to register and administer practical vocational training contracts entered into in terms of these regulations in respect of practical vocational training requirements of candidate legal practitioners within the jurisdiction of that Provincial Council;
(f)to receive and process applications by attorneys within the jurisdiction of that Provincial Council, for certificates to appear in the High Court, the Supreme Court of Appeal or the Constitutional Court, as contemplated in section 25(4) of the Act;
(g) to receive and process applications by candidate attorneys within the jurisdiction of that Provincial Council for certificates for the right of appearance in terms of section 25(5) of the Act, and to issue such certificates;
(h) to receive applications for and grant exemptions to, candidate legal practitioners or legal practitioners within the jurisdiction of that Provincial Council from performing community service, as contemplated in section 29(3) of the Act;
(i) to receive from the registrar of the Division of the High Court, and retain, the certified copies of court orders made by the High Court relating to legal practitioners within the jurisdiction of that Provincial Council, as contemplated in section 30(5) of the Act;
(j) to cancel or suspend the enrolment of a legal practitioner as contemplated in section 31 of the Act;
(k) to receive and process applications for conversion of enrolment by legal practitioners, as contemplated in section 32 of the Act;
(l) to receive applications for, and to approve, the establishment of law clinics, as contemplated by section 34(8) of the Act;
(m) to establish investigating committees and disciplinary committees, as contemplated in section 37 of the Act;
(n) to do any ancillary or administrative function that is necessary for the implementation or administration of Chapter 4 of the Act;
(o) to institute urgent legal proceedings in the High Court in order to suspend a legal practitioner from practice and to obtain alternative interim relief, as contemplated in section 43 of the Act;
(p) to receive and process applications for the issue of Fidelity Fund certificates to legal practitioners who are obliged to be in possession thereof, as contemplated in section 85 of the Act, and if satisfied as to the matters referred to in section 85(6), to issue the applicant with a Fidelity Fund certificate;
(q) to inspect, either itself or through its nominee, the accounting records of any trust account practice in order to satisfy itself that the provisions of section 86 and section 87(1) are being complied with, as contemplated in section 87(2) of the Act;
(r) to apply to the High Court to prohibit any legal practitioner referred to in section 84(1) of the Act from operating in any way on his or her trust account, and for an order appointing a curator bonis to administer and control that trust account, as contemplated in section 89 of the Act;
(s) to apply to the High Court for an order appointing a curator bonis to control and administer the trust account of a legal practitioner in the circumstances contemplated in section 90 of the Act; and
(t) to report to the Council on the exercise of the powers and the performance of the functions referred to in paragraphs (a) to (s) and to provide the information emanating from the exercise of the powers and performance of the functions, as and when required by the Council.