First of all, it must be understood that although this law is in force, it has not yet come into force. Section 120 provides that Chapter 10 (National Forum) comes into force on a day to be determined by proclamation. Chapter 2 (South African Council of Legal Practice) will not come into force until 3 (three) years after Chapter 10 and the remainder of the Act will come into force on a date promulgated after Chapter 2 comes into force. The Council of Legal Practice must establish “norms and standards for all lawyers”. Banks will also issue an IT3b to the fund for the 5% interest earned on that account. The legal sector has undergone major changes in recent weeks. On 1 November 2018, the Lawyers Act 53 of 1979 was replaced by the remaining chapters of the Legal Practice Act after many years of comments on the Legal Practice Bill. For the first time in South Africa`s history, the implementation of the law will regulate all lawyers, legal candidates and legal entities. · After decades of self-regulation, lay lawyers will be active in the regulatory structure (CPA).
According to an article published by the South African government, “the Legal Practice Council replaces the four provincial statutory societies that have so far served the dual purpose of regulating and representing lawyers. Lawyers and lawyers are now regulated by the Council of Legal Practice. Law societies will no longer be responsible for regulating the profession. However, they may continue to exist as voluntary associations in order to promote the interests of the profession which are not provided for by law. Along with this change, there are some important changes to note. These include Article 12 amending Article 117 LPA, which contains transitional provisions for existing statutory companies. This amendment states that the existing law societies must exercise their powers and perform their duties until the date of transfer of the assets, rights, responsibilities, duties and personnel of the current law societies to the LPC or provincial councils. This will facilitate a smooth transfer, particularly with regard to the functions currently performed by bar associations and bar staff. In the drafting and commentary phase of this law, much was said about executive interference in the independence of the legal profession.
What came out in the laundry? In order to guarantee this independence, certain security measures have been taken. For example, the Minister may appoint 3 of the 23 members of the Council, but these persons must have knowledge and experience in the legal profession in accordance with section 7. The controversial Legal Practice Act 28 of 2014 (the Act) has been in force since September 22, 2014, well, not really. The legislation is to come into force in phased phases according to a sophisticated deployment plan, as outlined below. This article provides a brief overview of the provisions that are important to practitioners and the public they serve. The law will radically change the legal landscape. But even though it has now become law, the practical effect on the ground will only be noticeable in a few years. The extent to which the ground will be shaken is uncertain, as the legislation provides for a plethora of regulations to be adopted after many years of investigation, recommendations and reports.
As many years as this law has been drafted, it will take just as long for its true nature to be revealed and implemented. Lawyers can still interact with their former provincial bar associations, the LPC regional offices, and forward them to the following numbers: Bloemfontein: (051) 447 3237 Cape Town: (021) 443 6700 Pietermaritzburg: (033) 345 1304 Pretoria: (012) 338 5800 Every lawyer and lawyer must, with some exceptions, hold an escrow account. The escrow account practice must hold an escrow account with a bank with which the fund currently signs a bank agreement. · The provincial regulatory approach will be replaced by a national approach by replacing the current four bar associations with a National Council of Legal Practice (CPL), likely with nine provincial councils or, in some provincial councils, with offices in provinces where provincial councils are not immediately established. Article 9 amends Article 97 LPA, which defines the mandate of the FN. The FN`s mandate was initially to be limited to what was deemed absolutely necessary to prepare for the establishment of the proposed new permanent regulatory structures provided for in the PLA. However, it became clear that the FN`s mandate was not broad enough to ensure a smooth transfer of the ongoing work of existing regulators (statutory law firms) when the new regulators come into force on a given date. The FN`s mandate under Article 97 has been limited to certain rules and regulations on a transitional basis. Sections 94 and 95 provided for the creation of permanent rules and regulations respectively once the entire AHR Act had come into force.
The mandate of the FN was extended to advise the Minister on the first set of rules to be enacted within the meaning of Article 94 and to enact the first set of rules within the meaning of Article 95. This ensures that the rules and regulations are harmonious and avoids a period when there are no regulations, when the Minister should have published the regulations in consultation with the LPC once it is established and operational. Article 95(1) provided that the CPA was to establish rules on a number of matters, many of which concerned the regulation of legal practitioners. The amendment ensures that when the LPC comes into operation on a given day, there are rules on a number of issues for which rules are required. The amendment now transfers to the FN the responsibility for drawing up the first set of rules provided for in § 95. Paragraph 9(e), which amends paragraph 97(2)(a) in conjunction with section 11, is a consequential amendment to section 117 arising from paragraph 9(e) and authorizes the NA to negotiate a date on which bar associations are dissolved. This date may not be more than six months after the beginning of Chapter 2 of the AHR Act. · There is a merger of legislation for at least two legal professions into one law and a national governance structure for both professions.
The four law societies will be dissolved and replaced by nine provincial councils, and these councils will report to a new structure called the Law Practice Council. The law unites the legal profession and provides regulation in a single statute. · The absolute distinction and separation between different parts of government will be blurred by the fact that the executive, through the Minister of Justice and Penitentiaries, will appoint representatives to serve in the LPC, which regulates the practitioners who will feed the judiciary. Chapter 1 – Definitions, Application and Purpose.