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Election of LPC Council members

Elections

Voting

18 September 2018: The lists of nominees standing for election to the Legal Practice Council, as well as their profiles, have been published.
Voting opened on 19 September and closes at 12 noon on 3 October 2018.
Voting can be carried out at any of the 74 polling stations, or alternatively, ballot papers can be sent via fast mail, courier and docex or hand delivered.

Attorneys

View the profiles of attorney nominees here.
Download the ballot paper for attorneys here.


Attorneys may vote only for ten (10) or fewer candidates.
A practising attorney may vote only for the election of attorneys. Every attorney who is on the Roll of practising attorneys may vote for a maximum of ten candidates from the candidates listed.  Please note that in order to comply with s 7(2)(a) of the Legal Practice Act and subject to the availability of the candidates, four black women, three black men, one white woman and two white men with the highest number of votes in their respective categories will constitute the ten attorneys who will serve as members of the Council.

Advocates

View the profiles of advocate nominees here.
Download the ballot paper for advocates here.


Advocates may vote only for six (6) or fewer candidates.
A practising advocate may vote only for the election of advocates. Every advocate who is on the Roll of practising advocates may vote for a maximum of six candidates from the candidates listed.   Please note that in order to comply with s 7(2)(a) of the Legal Practice Act and subject to the availability of the candidates, two black women, two black men, one white woman and one white man with the highest number of votes in their respective categories will constitute the six advocates who will serve as members of the Council.   

To note:

•    Only attorneys and advocates who are admitted to practise and who are enrolled on the Roll and, in respect of the first election under these regulations, only attorneys and advocates who are in practice may participate in the election of members of the Council
•    An attorney may vote only for the election of attorneys and an advocate may vote only for the election of advocates, as members of the Council.

How to vote

Download the NF's 'Confirmation of voting process' document here   (21 September 2018)
Download the NF’s ‘How to vote’ document here.  (19 September 2018)
Download the NF's communique of 20 September extending the deadline and allowing for postal, courier and docex votes here.  (20 September 2018)
Download the list of polling stations here.


Voting at a polling station
Print the applicable ballot paper and select your preferred candidates by making a cross (x) in the block next to the name of the candidates of your choice.
Proceed to the nearest polling station, Voting is limited to Legal Aid offices, Bar Council offices and Law society offices, whose addresses were communicated on 19 September 2018. There are 74 polling stations. View the list of polling stations here.

- Legal Aid offices (see list of polling stations) have also been designated as voting stations for both attorneys and advocates
- Ballot boxes will be available at all Legal Aid Offices by Friday, 21 September
- Legal Aid offices, whose employees are nominees of the LPC, will not be a voting station. The nearest provincial office will be used instead.
- Voting at Legal Aid offices will be open from 08h00 – 16h00, from 24 September, until 3 October (at 12 noon) , excluding public holidays.
- Ballot boxes are still available at Bar Councils and Law Society offices (see list of polling stations). In those stations voting commenced on 19 September at 8am.

All  Legal  Aid  offices,  where  any  of  the  LPC  nominees  work,  have  been excluded from the list of voting stations.
The election official at the polling station will hand you a uniquely marked envelope.
Sign, on the outside of the envelope, the declaration confirming that you have not already voted in this election.
Place your completed ballot paper in the envelope and seal the envelope.
Place the sealed envelope in the ballot box provided at the polling station.

Voting by post/courier/docex votes
Ballot papers can be sent via fast mail, courier and docex or hand delivered.
The ballot paper must be accompanied by a fully completed declaration form (as attached). Both documents must be placed in an envelope (C5 size envelope) , sealed and sent to the following addresses:

Fast Mail (takes 4 to 7 days)– EISA, PO Box 740, Auckland Park, 2006
Courier/hand delivery - EISA, 14 Park Road, Richmond, 2092
Docex – LSSA, Docex 82 Pretoria

A  batch  of  sealed  ballot envelopes, with  signed declaration forms inside, can be sent in one courier/docex/hand delivery – voters to ensure that each individual vote is accompanied by a signed declaration, and both documents are in a sealed envelope.
C5  envelopes  are  also  available  at  various  voting  stations communicated on 19 September 2018
All posted ballot papers must reach EISA offices, postal box and docex on or before 3 October 2018, at 4pm
A declaration form MUST be completed in full and signed. Download declaration form here.
 

Important notes

  • You are required to print your own ballot paper as there will be no ballot papers available at the polling stations.
  • Ballot papers may not be couriered or sent via post.
  • Only ballots in a sealed envelope, deposited into the ballot box will be accepted for counting purposes.
  • The profiles of the candidates can be viewed on the EISA website. View the profiles here.
  • The surnames of the candidates are listed on the ballot forms in strict alphabetical order.
  • Place a cross (x) only, in the block next to the name of the candidate of your choice. No other mark will be accepted on the ballot paper.
  • Advocates may vote for six (6) or fewer candidates.
  • Attorneys may vote for ten (10) or fewer candidates.
  • A ballot paper is deemed spoilt if:
  • the ballot paper has more than the permitted number of crosses (x) referred to in Regulation 2, sub-regulation 11e(i);
  • any mark is made on the ballot paper other than a cross in favour of the candidates for whom the legal practitioner votes; or
  • the declaration referred to in sub regulation (11) is not duly completed and signed by the voting legal practitioner.


Voting will take place from 19 September 2018 between the hours of 08h00 to 17h00 until 3 October until 12 noon, excluding weekends and public holidays.
The EISA election official will collect the sealed ballot box from the polling station after voting closes.
Counting of votes will take place at a central venue in the presence of the referee.
Refer to the Legal Practice Act, 2014 and Regulations for any additional information on the voting and counting process of this election [see below].

What to take into account when voting

The Legal Practice Act stipulates that, when constituting the Council, the following factors must, as far as is practicable, be taken into account:
(a) the racial and gender composition of South Africa;
(b) the objects of the Council [see below];
(c) representation of persons with disabilities;
(d) provincial representation; and
(e) experience and knowledge of —

(i) the provision of legal services;
(ii) the principles of promoting access to justice;
(iii) legal education and training;
(iv) consumer affairs;
(v) civil and criminal proceedings and the functioning of the courts and tribunals in general;
(vi) the maintenance of professional standards of persons who provide legal services;
(vii) the handling of complaints; and
(viii) competition law.

5. Objects of Council — The objects of the Council are to—
(a) facilitate the realisation of the goal of a transformed and restructured legal profession that is accountable, efficient and independent;
(b) ensure that fees charged by legal practitioners for legal services rendered are reasonable and promote access to legal services, thereby enhancing access to justice;
(c) promote and protect the public interest;
(d) regulate all legal practitioners and all candidate legal practitioners;
(e) preserve and uphold the independence of the legal profession;
(f) enhance and maintain the integrity and status of the legal profession;
(g) determine, enhance and maintain appropriate standards of professional practice and ethical conduct of all legal practitioners and all candidate legal practitioners;
(h) promote high standards of legal education and training, and compulsory post-qualification professional development;
(i) promote access to the legal profession, in pursuit of a legal profession that broadly reflects the demographics of the Republic;
(j) ensure accessible and sustainable training of law graduates aspiring to be admitted and enrolled as legal practitioners;
(k) uphold and advance the rule of law, the administration of justice, and the Constitution of the Republic; and
(l) give effect to the provisions of this Act in order to achieve the purpose of this Act, as set out in section 3.

Nominations

4 September 2018:
On 4 September 2018, Minister of Justice and Correctional Services, Adv Michael Masutha, together with the National Forum on the Legal Profession (NF), announced the opening of the election process for Council members of the Legal Practice Council. The Chairperson of the NF has called for nominations. The nomination period runs from 4 to 14 September 2018. Originally signed nomination form must reach the election agency – EISA - as agent for the NF by midnight on 14 September 2018.

Election timeline
Nomination porcess
4 September Dissemination of nomination forms to all registered attorneys and advocates.
14 September    Nominations close at midnight
17 September    Publication of list of nominees
Voting process
19 September    Voting opens at midnight
28 September    Voting closes at midnight
Outcome of elections
2-4 October  Counting of votes
4 October    Official notification of results to Chairperson
5 October    Successful candidates advised of their election
5 October    Circular published advising of outcome of election

31 August 2018:
The Minister promulgated the Regulations in terms of section 109 (1)(a) of LPA, by publication in the Government Gazette on 31 August 2018.

Note 2 (3) of the Regulations:


Only attorneys and  advocates who are admitted to practise and who are enrolled on the Roll and, in respect of the first election under these regulations, only attorneys and advocates who are in practice may —


(a) be  nominated  for  election  to  the  Council: Provided that attorneys may be nominated only by attorneys and advocates may be nominated only by advocates
(b) nominate an attorney or advocate, as the case may be, for election to the Council; and
(c) participate in the election of members of the Council referred to in subregulation (1), as provided for in these regulations: Provided that an attorney may vote only for  the  election  of  attorneys  and  an advocate  may  vote only for  the  election of advocates, as members of the Council.



The Chairperson of the National Forum (NF) calls for nominations for attorneys and advocates for election to the Legal Practice Council.  
The originally signed nomination form must reach the election agency – the Electoral Institute for Sustainable Democracy in Africa (EISA) - as agent for the NF by midnight on 14 September 2018. Original signed completed nomination forms must be sent to
The National Forum c/o EISA
14 Park Road
Richmond  2092
by midnight 14 September 2018.  
It is preferred that forms are delivered by hand, or courier or via Postnet. Nomination forms can also be emailed to lpcelections@eisa.org.za
The EISA Chief Electoral Officer, Ms Crystal Africa, can be contacted on toll free number 0800 114 373 or e-mail lpcelections@eisa.org.za

Nomination communication from the NF explaiming the nomination process
Download the Nomination Form for Attorneys
Download the Nomination Form for Advocates

 

Attention is drawn to the provisions of section 7(2) and (3) and section 8 of the Legal Practice Act, 2014.

7. Composition of Council — (1) The Council consists of the following members:
(a) 16 legal practitioners, comprising of 10 practising attorneys and six practising advocates, elected in accordance with the procedure prescribed by the Minister—


(i) in terms of section 97 (1) (a) (i); or
(ii) in terms of this section, in consultation with the Council, if the procedure referred to in subparagraph (i) requires revision after the commencement of Chapter 2;


(b) two teachers of law, one being a dean of a faculty of law at a university in the Republic and the other being a teacher of law, designated in the prescribed manner;
(c) subject to subsection (3), three fit and proper persons designated by the Minister, who, in the opinion of the Minister and by virtue of their knowledge and experience, are able to assist the Council in achieving its objects;
(d) one person designated by Legal Aid South Africa; and
(e) one person designated by the Board [of the Legal Practitioners’ Fidelity Fund], who need not necessarily be a legal practitioner.

(2) When constituting the Council the following factors must, as far as is practicable, be taken into account:
(a) the racial and gender composition of South Africa;
(b) the objects of the Council;
(c) representation of persons with disabilities;
(d) provincial representation; and
(e) experience and knowledge of —


(i) the provision of legal services;
(ii) the principles of promoting access to justice;
(iii) legal education and training;
(iv) consumer affairs;
(v) civil and criminal proceedings and the functioning of the courts and tribunals in general;
(vi) the maintenance of professional standards of persons who provide legal services;
(vii) the handling of complaints; and
(viii) competition law.


(3) A person referred to in subsection (1) (c) may not be designated as a member of the Council if he or she —


(a) is a public servant;
(b) is a member of Parliament, any provincial legislature or any municipal council; or
(c) is an officebearer or employee of any party, movement or organisation of a partypolitical nature.

8. Membership of Council —(1) A member of the Council must—


(a) be a South African citizen;
(b) be a fit and proper person; and
(c) subscribe to the objects of the Council.


(2) The following persons are disqualified from becoming or remaining members of the Council:—


(a) An unrehabilitated insolvent;
(b) a person declared to be of unsound mind by a court of the Republic;
(c) a person who has been convicted in a court of first instance—


(i) of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine;
or
(ii) of an offence, which involves any element of dishonesty, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, other than a conviction for an offence committed prior to 27 April 1994 associated with political objectives: Provided that if the person in question lodges an appeal against the conviction or sentence, he or she must be suspended from office by the Council as contemplated in section 12, pending the outcome of the appeal: Provided further that he or she may be replaced by the designating body, or in the case of a member referred to in section 7 (1) (a), elected in terms of the procedure referred to in that section;


(d) a person who has been removed from office in terms of section 12; or
(e) a member of the Board [of the Legal Practitioners’ Fidelity Fund] or any of its committees.