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Legal Practice Act latest

Latest developments on the Legal Practice Act 28 of 2014

Key documents

  • Legal Practice Act 28 of 2014 (as amended by the Legal Practice Amendment Act 16 of 2017 - GN 33 in GG 41389 of 18 January 2018).
    Wet op Regspraktyk 28 van 2014 (Afrikaans version): View/Download  / Lokwalodikgang La Puso, 2014 (Setswana version): View/Download.
  • Section 109(1)(a) Regulations gazetted on 31 August 2018. View here.
  • Section 94 Regulations (also referred to as s 109(1)(bA) Regulations) gazetted on 29 October 2018. View here.
  • Rules in terms of s 95(1) and (3) gazetted on 20 July 2018. View here.
  • Code of Conduct  - the draft Code of Conduct has been published for comment by the Legal Practice Council. View here.
  • Memorandum: Candidate Attorneys serving under articles of clerkship during transition to Legal Practice Council. View here

December 2018

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 codeofconduct@lpc.org.za, or hand delivered to the LPC at Procforum Building, 123 Paul Kruger Street, Pretoria.
View the LPC notification here.   Download the draft Code of Conduct here.

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.
View the Legal Practice Council notice here.

November 2018

21 November 2018: Legal Practice Council Notice: Application for 2019 Fidelity Fund Certificates in terms of the LPA: new requirements. Read LPC notice here.
12 November 2018:
Legal Practice Council Notice: Election of Provincial Councils: Section 23(4) of the Legal Practice Act, 2014 and (Rule 16). Read LPC notification here.
1 November 2018: Legal Practice Council Notice: Conversion of enrolement. Read the LPC notificiation here.
1 November 2018: Legal Practice Council Notice: Operations of the Legal Practice Council. Read LPC notification here.
1 November 2018:
The Legal Practice Council has announced that the Code of Conduct, and therefore the new robing provisions contained in it, are not yet in force. Read LPC notification here.

October 2018

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.
The members of the Executive are Greg Harpur Sc (advocate), Trudie Nichols (attorney), Lutendo Sigogo (attorney), Jan Stemmett (attorney) and Phillip Zilwa SC (advocate).

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.
Advocate council members: Greg Harpur SC, Grace Goedhart SC, Harshila Kooverjie SC, Vuyani Ngalwana SC, Anthea Platt SC and Phillip Zilwa SC.
Legal Practitioners' Fidelity Fund nominee: Anthony Miller
Legal Aid South Africa nominee: Brian Nair
South African Law Deans Association: Prof  Avinash Govindjee
South Arican Law Teachers: Clement Marumoangae
Minister's nominees: Christine Qunta, Nancy Kalebe and Adv Ghandi Badela

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:
Attorneys:Miles Carter, Priyesh Daya, Krish Govender, Nolitha Jali, Noxolo Maduba, Hlahleleni Kathleen Matolo-Dlepu, Janine Myburgh, Trudie Nichols, Lutendo Sigogo and Jan Stemmett.
Advocates: Greg Harpur SC, Grace Goedhart SC, Harshila Kooverjie SC, Vuyani Ngalwana SC, Anthea Platt SC and Phillip Zilwa SC.
Read more here

The following persons are also due to serve on the LPC in terms of s7(1):
Teachers of Law:  Avinash Govindjee – Eastern Cape and Clement Marumoagae - Gauteng
Designated by Legal Aid SA:  Brian Nair - Gauteng
Designated by the Minister:  3 persons are still due to be designated
Designated by LP Fidelity Fund:  1 person is still due to be designated.

September 2018

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.
View the preliminary lists here.

4 September 2018:

On 4 September 2018, Justice Minister, Adv Michael Masutha, together with the National Forum on the Legal Profession, announced the opening of the election process for Council members of the Legal Practice Council. The nomination period runs from 4 to 14 September 2018. Original, signed nomination forms must reach the election agency – EISA - as agent for the NF by midnight on 14 September 2018. Read more on the nomination process and access the nomination forms here.

The LSSA welcomed the opening of the election process. Read press release.

Change in timeframes
There is a delay of about two months in the implementation of the Legal Practice Act (LPA), but according to the Department of Justice and Constitutional Development, the LPA can still be fully implemented and the statutory provincial Law Societies can still be dissolved on 31 October 2018. Reservations have been expressed by members of the National Forum who are of the view that due to the large number of transitional arrangements, the effective date in the transfer agreements with the Law Societies will have to be moved forward to the end of December and the final implementation is more likely to stand over until 1 or 2 January 2019.

Read the guest editorial in the September 2018 issue of De Rebus: Is the profession ready for the full implementation of the LPA? Read here.