Attorneys in South Africa are registered with the Legal Practice Council in terms of the Legal Practice Act 28 of 2014. Since March 1998 the Law Society of South Africa (LSSA) has represented the attorneys’ profession by bringing together its six constituent members in a national, non-statutory body. The LSSA’s predecessor was the Association of Law Societies of the Republic of South Africa, which existed from 1938 to 1998. The LSSA six constituent members were the Black Lawyers Association (BLA), the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces and the National Association of Democratic Lawyers (Nadel).
On 1 November 2018, when the Legal Practice Act came into operation abolishing the statutory provincial law societies and replacing them with the Legal Practice Council, the LSSA’s amended constitution came into operation with the following constituent members: the Black Lawyers Association (BLA), the National Association of Democratic Lawyers (Nadel) and nine provincial attorneys’ asssociations.
The LSSA represents the attorneys’ profession in South Africa, which comprises attorneys and candidate attorneys. See statistics.
In terms of the Legal Practice Act, 2014 attorneys and advocates must register with the Legal Practice Council (LPC). The LPC also registers articles of clerkship for candidate legal practitioners. It is the regulatory and disciplinary body. If a member of the public is dissatisfied with the service received from his/her attorney or advocate, he/she can lodge a complaint with the relevant provincial office of the LPC.
The LSSA’s forerunner, the Association of Law Societies – an association of the four statutory law societies established in 1938 – brought together the statutory law societies and the non-statutory lawyers’ organisations (BLA and Nadel) after 1994, and, after protracted discussions and negotiations, a statement of principles was signed by the six constituents in July 1996 which set out the guidelines for national restructuring.
The statement of principles envisaged a national statutory structure, with nine provincial substructures. The LSSA – an interim structure with a council comprising a 50:25:25 representation of the statutory (law society) and non-statutory (BLA and Nadel) representatives – would take over the role and assets of the ALS with the aim of encouraging unity between members of the profession, overcoming the divisions of the past and promoting new legislation to create a national, unified structure for the governance of the profession.
In September 1996 a team began drafting the LSSA constitution and a provisional twenty-person committee, echoing the future LSSA council, was set up to steer the various drafts of the constitution through the six constituent members. In February 1998 the twenty-person committee met for the last time to reaffirm the commitment of the then ALS, BLA and Nadel to the restructuring process and to finalise arrangements for the signing of the LSSA constitution.
The first constitution of the LSSA was signed at a special ceremony in Parliament in March 1998 attended by all the councilors of the six constituent members, the late Minister of Justice Dullah Omar, a number of parliamentarians, members of the judiciary, representatives of the General Council of the Bar (which represents advocates) and the International Bar Association. The first amendment to the constitution was signed by the Presidents of the Black lawyers Association, Nadel and the provincial law societies on 29 October 2018.
The LSSA has two Co-Chairpersons which chair the Council and lead the LSSA for a year. The current Co-Chairpersons are Mvuzo Notyesi and Ettienne Barnard.
1998 Esmè du Plessis and Dr Willie Seriti (now Judge Seriti)
1999 Julian von Klemperer and Jake Moloi (now Judge Moloi)
2000 Jake Moloi (now Judge Moloi) and Emil Boshoff
2001 Jan Maree and Silas Nkanunu
2002 Silas Nkanunu and David Macdonald
2003 Susan Abro and Edward Ngubane
2004 Silas Nkanunu and Jan Stemmett
2005 Etienne Horn and Edward Ngubane
2006 Nosidima Ndlovu and David Macdonald
2007 David Gush (now Judge Gush) and Henry Msimang
2008 CP Fourie and Vincent Saldanha (now Judge Saldanha) (until 21 July 2008) and Max Boqwana (from 21 July 2008)
2009 Thoba Poyo-Dlwati (now Judge Poyo-Dlwati) and Henri van Rooyen
2010 Peter Horn and Max Boqwana
2011 Nano Matlala and Praveen Sham
2012 Krish Govender and Jan Stemmett
2013 Kathleen Matolo-Dlepu and David Bekker
2014 Ettienne Barnard and Max Boqwana
2015 Busani Mabunda and Richard Scott
2016 Jan Janse van Rensburg and Mvuzo Notyesi
2017 Walid Brown and David Bekker
2018 Mvuzo Notyesi and Ettienne Barnard
The mission and objectives of the Law Society of South Africa are contained in the constitution.