Legal Practice Council Rules finally gazetted

August 1st, 2018
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Mapula Sedutla – Editor

As we draw closer to the full implementation date of the Legal Practice Act 28 of 2014 (LPA), the final South African Legal Practice Council Rules made under the authority of ss 95(1), 95(3) and 109(2) of the LPA have been published in GN401 GG41781/20-7-2018.

The regulations have been finalised and signed by the Minister of Justice and are awaiting approval by Parliament, whereafter, ch 2 of the LPA can come into operation.

The rules were finalised after the National Forum on the Legal Profession considered comments received from interested parties after publishing a draft of the rules in GN43 GG41419/2-2-2018, as required by ss 95(4) and 109(2)(b) read with ss 97(1) and 109(2) and (3) of the LPA as amended by the Legal Practice Amendment Act 16 of 2017.

The Rules will be applied by the Legal Practice Council after its establishment in terms of ch 2 of the LPA and will apply to all legal practitioners (attorneys and advocates), as well as all candidate legal practitioners and juristic entities as defined in the LPA.

The published rules contain the following parts –

  • Fees and charges;
  • The Council;
  • Provincial Councils;
  • Professional practice;
  • Education and training;
  • Admission and enrolment;
  • Rendering of legal services;
  • Law clinics;
  • Disciplinary Rules;
  • Legal Practitioners Fidelity Fund: Procedural Rules;
  • Accounting Rules; and
  • Nine Schedules to the Rules.

The rules, together with the Code of Conduct for legal practitioners published in GN81 GG40610/10-2-2017 and the regulations still due to be promulgated, will play an important role in the establishment of a single unified statutory Legal Practice Council to regulate the legal profession.

Visit the De Rebus website at www.derebus.org.za for a copy of the rules, or view the rules at www.LSSA.org.za.

Do you have an opinion on the rules published? Send your view via letter to De Rebus at derebus@derebus.org.za

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This article was first published in De Rebus in 2018 (August) DR 3.

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