Recommendations to the Minister by the National Forum October 2017
Section 97(1)(a)(ii): The National Forum must make recommendations to the Minister on the establishment of the Provincial Councils and their areas of jurisdiction, taking into account the factors referred to in section 23(2)(a).
The National Forum recommends that:
2.1.1 Nine Provincial Councils should be established in terms of s23(1) of the Act, one in each province of South Africa.
2.1.2 The area of jurisdiction of each Provincial Council should be within the official boundary of the particular province.
2.1.3 Whilst the Legal Practice Council will most effectively be situated in Midrand, it is recommended that the offices of each of the Provincial Councils (PCs) should be situated in the following cities:
- Gauteng PC to be situated in Pretoria.
- Western Cape PC to be situated in Cape Town.
- Free State PC to be situated in Bloemfontein.
- KZN PC to be situated in Durban.
- Mpumalanga PC to be situated in Nelspruit.
- Eastern Cape PC to be situated in East London.
- Limpopo PC to be situated in Polokwane.
- North West PC to be situated in Mahikeng.
- Northern Cape PC to be situated in Kimberley.
2.1.4 It is recommended that the Council should establish a committee in terms of s23(6), consisting of 2 attorneys and 2 advocates, at each place where there is a High Court but where there is not an office of a Provincial Council. These places, based on the current locations of High Courts, are Pietermaritzburg, Johannesburg, Grahamstown, Mthatha, Port Elizabeth, Thohoyandou and Mmabatho.
2.2.1 The reason for the recommendation is that s94(1)(e) requires the Minister to make Regulations relating to the areas of jurisdiction of Provincial Councils as contemplated in s23(2)(b).
2.2.2 The establishment of a fully functional Provincial Council in each province will not only assist with the attainment of the Council’s objectives, but will also take care of provincial needs, interests and sensitivities as well as the interests of the public and Legal Practitioners.
2.2.3 The s23(6) committees at places where there are High Courts but where there is not an office of a Provincial Council, will perform limited functions delegated from Provincial Councils, will liaise with the High Courts and will serve the public and Legal Practitioners at local level.
2.3.1 If the recommendation is accepted, it is proposed that the Minister should issue the Regulation attached hereto as a draft in Appendix “B”, to establish the Provincial Councils and their areas of jurisdiction, as required by s94(1)(e) read with s97(1)(a)(iii) of the Act. The procedural requirements for the issuing of Regulations are set out in s94(2) & (3) and s109(1).
2.3.2 In order to enable the Council to function effectively, the Regulation(s) pertaining to this recommendation should become effective as soon as possible after Chapter 2 is implemented in terms of s 120(3) and the Council is established. As soon as the first Council becomes functional, it should establish the 9 Provincial Councils in terms of s23(1), the Provincial Councils can be elected, staff can be appointed and infrastructure can be acquired.
2.3.3 It is essential that the Provincial Councils should be capable of functioning effectively when s120(4) comes into operation.