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

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

13. Exemption from service under articles and certain examinations, and powers of court in respect of irregular service and certain other service

 

(1) Any person lawfully admitted to the Republic for permanent residence therein who is ordinarily resident in the Republic and who has been admitted and enrolled as a solicitor or attorney of the supreme or high court of any country or territory which has been approved for the purposes of this subsection by regulation made under section 81(1)(a)—
(a) shall—
(i) if he has practised for at least 5 years as a solicitor or an attorney, as the case may be, in the country or territory in which he has been so admitted and enrolled and belongs to a class of persons (if any) which has been designated by any such regulation; or
(ii) if the country or territory referred to has been designated for the purposes of this subparagraph by regulation made under section 81(1)(a), without his having practised as contemplated in subparagraph (i), and if he belongs to a class of persons (if any) which has been designated by any such regulation,

be exempted from service under articles;

[Section 13(1)(a) amended by section 1 of Act No. 60 of 1982]

(b) shall, if a university in South Africa which has a law faculty has certified that an examination which he or she has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of training, together with a supplementary examination (if any) required by that university, the requirements of which have been satisfied by that person, equivalent or superior to the examination which is required for the degree mentioned in section 2(1)(a) be exempted from satisfying the requirements for the degree mentioned in the said section 2(1)(a);

[Section 13(1)(b) amended by section 8(a) of Act No. 78 of 1997]

(c) may, by regulation made under section 81(1)(c), be exempted from the requirement to pass any examination referred to in section 14(1)(a), (b) or (c) or any part thereof.

[Section 13(1) amended by section 2 of Act No. 76 of 1980]

 

(2) If any person has not served regularly as a candidate attorney, the court, if satisfied that such irregular service was occasioned by sufficient cause, that such service is substantially equivalent to regular service, and that the society concerned has had due notice of the application, may permit such person, on such conditions as it may deem fit, to apply for admission as an attorney as if he had served regularly under articles or a contract of service.

[Section 13(2) amended by section 12 of Act No. 115 of 1993]

 

(3) The court may, on the application of a candidate attorney who has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, and subject to such conditions as the court may impose, order that the whole or any part of the period served by that candidate attorney under articles before he or she satisfied such requirements, shall, for the purpose of his or her admission and enrolment as an attorney, be regarded as having been served after and under articles entered into after he or she satisfied such requirements.

[Section 13(3) amended by section 8(b) of Act No. 76 of 1980