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Legal Practice Act, 2014 (Act No. 28 of 2014)

Chapter 10 : National Forum and Transitional Provisions

Part 1

98. Powers and functions of National Forum

 

(1) The National Forum may do all that is necessary or expedient to carry out its terms of reference referred to in section 97, including the following, having due regard to the Constitution and applicable legislation where appropriate and relevant:
(a) Establish one or more committees, including an executive committee, consisting of members of the National Forum only, or members of the National Forum and staff members or other persons, to assist the National Forum in—
(i) the performance or exercise of its powers and functions;
(ii) determining the powers and functions of a committee;
(iii) appointing a chairperson and deputy chairperson of a committee;
(iv) determining procedures for the functioning of committees; and
(b) delegate in writing any of its powers and functions to its committees, subject to any conditions it may impose, which delegation does not—
(i) divest the National Forum of the power or function so delegated; and
(ii) preclude the National Forum from varying or setting aside any decision made under a delegation.

 

(2) The National Forum must, in consultation with the Director-General
(a) appoint an executive officer to perform or exercise the powers and functions determined by the National Forum and supervise the staff of the National Forum;
(b) employ or second from existing governance structures in the legal profession, so many staff members as may be necessary to enable it to carry out its functions;
(c) conclude agreements with any person or organisation for the performance of any particular act or any particular work or the rendering of services for the purpose of furthering the objects of the National Forum;
(d) enter into contracts in connection with the performance of its functions or the exercise of its powers;
(e) determine the remuneration and other conditions of service of staff members; and
(f) pay an honorarium or an allowance to any person to cover expenses reasonably incurred by him or her in connection with any act performed at the request of the National Forum or in terms of its directions on behalf of the National Forum and the furtherance of its objects.

 

(3) The National Forum must, taking into account the provisions of this Act, conduct a cost analysis of the operation of the Council and Provincial Councils and make recommendations to the Minister for consideration by Parliament as contemplated in subsection (4), on the funding thereof, with a view to the effective and efficient implementation of the Act.

 

(4) The National Forum must, after its establishment, report to the Minister every six months on its activities and the Minister must, immediately on receipt thereof, submit the report to Parliament.