Latest developments on the Legal Practice Act 28 of 2014
April 2019: The LPC has reminded legal practitioners that, in terms of Rule 20.6, every attorney, who at the date of coming into effect of this rule, was in possession of a certificate issued in terms of s 4(2) of the Right of Appearance in Courts Act 62 of 1995 shall, within six months of the date of coming into effect of this Rule, lodge a copy of the certificate issued to them in terms of that Act, with the LPC. The deadline is therefore 29 April 2019.
Read the LPC notification here.
5 April 2019: The LPC has invited legal practitioners (attorneys and advocates) to serve on the following committees at the provincial offices:
Applications must be made to the relevant Provincial Council director. The deadline for applicatiosn is Friday, 12 April 2019.
29 March 2019: The Legal Practice Council has published the final Code of Conduct. The Code applies to all legal practitioners (attorneys and advocates) as well as all candidate legal practitioners and juristic entities as defined, and is effective from 29 March 2019.
4 March 2019: Examination langauge: The LPC has resolved that the dual language system for professional examinations will be discontinued in 2019. The examinations to be presented in March 2019 and April 2019 will still be presented in Afrikaans and English. Thereafter, all the examinations will be presented and conducted in English only and examination candidates will also be required to answer in English only. Read the LPC advisory here.
This has been necessitated by the fact that a number of persons wishing to be admitted and enrolled as attorneys have completed the full time practical training course presented by the School for Legal Practice, but are not entitled to present themselves for the competency-based examinations or assessments provided for in s 26(1)(d) of the Act, read with Rule 21, because they are not eligible to do so under the provisions of the current Rule 21.11. Section 14(3)(d) of the Attorneys Act, 1979 (as amended), which has been repealed by the Act, would have entitled the Candidate Attorneys concerned to present themselves for the practical examinations, but in terms of the existing Rule 21.11 they are no longer eligible to write the examinations. They are accordingly prejudiced thereby. There are 30 days to comment on the rule change.
30 January 2019: Nomination process for Provincial Council members opens: The Legal Practice Council nomination process for the nomination of Provincial Council members has opened. The nomination process dealine has been extended to 15 February 2019.. Practising attorneys must nominate one attorney and advocates one advocate. For queries please e-mail email@example.com Read more here.
Read the LPC notice 40 of 2019: Provincial Council Elections - Call for nominations.
13 December 2018: The Legal Practice Council (LPC) gazetted the draft amended Code of Conduct for public comment on 21 December 2018 in GG42127 in terms of s 36(5) of the Legal Practice Act 28 of 2014 (as amended) (LPA). The deadline for comments is 7 February 2019. Practitioners are urged to interrogate the Code carefully and submit their comments to the LPC. In terms of s 36(2) of the LPA, the code of conduct serves as the prevailing standard of conduct, which legal practitioners, candidate legal practitioners and juristic entities must adhere to; and failure to do so constitutes misconduct. Written comments should be addressed to Ms Charity Nzuza, Acting Executive Officer, Legal Practice Council at e-mail address firstname.lastname@example.org, or hand delivered to the LPC at Procforum Building, 123 Paul Kruger Street, Pretoria.
13 December 2018: The Legal Practice Council gazetted an amendment to Rule 16 on 21 December 2018 in GG42127. This rule deals with the election of Provincial Councils and allows for electronic voting of provincial councl members. The Rules were previously published on 20 July 2018 in Government Gazette No 41781.
21 November 2018: Legal Practice Council Notice: Application for 2019 Fidelity Fund Certificates in terms of the LPA: new requirements. Read LPC notice here.
31 October 2018: At its first meeting, the Legal Practice Council elected Johannesburg attorney Kathleen Matolo-Dlepu and Johannesburg advocate Anthea Platt SC as Chairperson and Deputy-Chairperson of the LPC.
Attorney council members: Miles Carter, Priyesh Daya, Krish Govender, Nolitha Jali, Noxolo Maduba, Hlahleleni Kathleen Matolo-Dlepu, Janine Myburgh, Trudie Nichols, Lutendo Sigogo and Jan Stemmett.
29 October 2018: Proclamation 42003 Legal Practice Act (28/2014) was gazetted on 29 October proclaiming 31 October 2018 as the date on which Chapter 2 of the LPA, with the exclusion of s 14, comes into operation (bringing the Legal Practice Council into operation); and 1 November 2018 as the date on which the rest of the LPA, with the exclusion of certain sections, comes into operation (the for statutory provincial law societies are abolished).
The Section 94 Regulations (also referred to as s 109(1)(bA) Regulations) were gazetted on 29 October 2018. Read here.
25 October 2018: The Legal Practice Council (LPC) can only be validly constituted and start working when Chapter 2 of the Legal Practice Act is implemented in terms of s 120(3). Chapter 2 and most of the rest of the LPA are intended to come into operation on 31 October 2018, on the same day the four statutory provincial Law Societies are due to be abolished. Before 31 October 2018, the s 94 Regulations must be approved by Parliament, Chapter 2 must be proclaimed to come into operation and the 7 other members of LPC must be appointed. On 31 October 2018, Chapter 2 must be implemented, the LPC must be constituted, the office bearers of the LPC (Chairperson, Deputy Chairperson and 5 Councillors) must be elected and the Natioanl Forum must be wound up. On 1 November 2018 the rest of the LPA must be implemented ito s 120(4), which will repeal the Attorneys Act, 1979 and will abolish the statutory provincial Law Societies. The LPC will then take over the Law Societies’ staff and assets and commence to regulate the profession.
8 October 2018: The names of the 10 attorneys and 6 advocates were announced by the National Forum as follows:
20 September 2018
Voting for Council members for the Legal Practice Council opened on 19 September and closes at 12 noon on 3 October 2018. The lists of nominees (attorneys and advocates) standing for election to the Council, as well as their profiles, have been published. 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. Read about the voting process, access the profiles of candidates, download the ballot papers, the NF’s ‘How to vote’ communiqués and the list of voting stations here.
15 September 2018
The preliminary lists of attorney and advocate candidates standing for election has been published. The final list will be published on Monday, 17 September 2018.
The LSSA welcomed the opening of the election process. Read press release.
Change in timeframes