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Attorneys Act, 1979 (Act No. 53 of 1979)

Chapter I : Practitioners: Qualifications, Admission and Removal from Roll

20. Enrolment of practitioner admitted and enrolled by other court

 

(1) Any person admitted and enrolled as an attorney, or a notary or conveyancer by any court in the Republic or in the former Republics of Transkei, Bophuthatswana, Venda and Ciskei may in the manner prescribed by subsection (2), apply to the registrar of any court other than the court by which he was so admitted and enrolled to have his name placed on the roll of attorneys or of notaries or of conveyancers, as the case may be, of the court for which such registrar has been appointed.

[Section 20(1) amended by section 15(a) of Act No. 40 of 2014]

 

(2) An application referred to in subsection (1) shall be in writing and be signed by the applicant and shall be accompanied by—
(a) an affidavit stating the name of every court in which the applicant is enrolled in terms of this Act;
(b) a certificate signed by the registrar of every court in which the applicant is so enrolled that his name is still upon the roll of such court;
(c) a certificate signed by the secretary of every society  in which the applicant is so enrolled that no proceedings are pending or contemplated to strike his or her name off the roll or to suspend him or her from practice;

[Section 20(2)(c) amended by section 15(b) of Act No. 40 of 2014]

(d) proof to the satisfaction of the registrar that a copy of the application and copies of the documents referred to in paragraphs (a), (b) and (c) have been served on the secretary of the society  in which such other court is situated; and

[Section 20(2)(d) amended by section 15(b) of Act No. 40 of 2014]

(e) proof to the satisfaction of the registrar that the fees prescribed by section 80(h) have been paid.

 

 

(3) A registrar receiving an application referred to in subsection (1), shall place the name of the applicant on the roll of attorneys or of notaries or of conveyancers, as the case may be, kept by him in terms of section 21, unless an objection in writing against it is lodged with him by the secretary of the society concerned within 21 days from the date of receipt of the application by the registrar.

 

(4) When the name of a practitioner has in terms of subsection (3) been placed by the registrar upon the roll of attorneys or of notaries or of conveyancers, as the case may be, he shall be entitled to practise and shall have all the rights and privileges and be subject to all the obligations which he would have had and to which he would have been subject if he had been admitted and enrolled by that court.

 

(5) A notary or conveyancer shall not be enrolled in terms of this section unless he is also thus enrolled as an attorney.