| (1) |
Unless cause to the contrary to its satisfaction is shown, the court shall on application in accordance with this Act, admit and enrol any person as an attorney if— |
| (a) |
such person, in the discretion of the court, is a fit and proper person to be so admitted and enrolled; and |
| (b) |
the court is satisfied that such person has satisfied the following requirements or, where applicable, has been exempted therefrom in terms of the provisions of this Act, namely that such person— |
| (i) |
is 21 years of age or older; |
| (aa) |
is a South African citizen or has been lawfully admitted to the Republic for permanent residence therein and is ordinarily resident in the Republic; or |
| (bb) |
is a citizen of a state the territory of which formerly formed part of the Republic, and belongs to such category of persons, and complies with such conditions, as may be determined by the Minister, after consultation with the presidents of the various societies, by notice in the Gazette; |
| (aa) |
has satisfied all the requirements for the degree referred to in paragraph (a) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, after pursuing for that degree or degrees a course of study referred to in paragraph (a) or (aA) of that section, as the case may be; or |
[Section 15(1)(b)(iii)(aa) amended by section 9 of Act No. 78 of 1997]
| (bb) |
has satisfied all the requirements for a degree or degrees referred to in paragraph (aB) of section 2(1) in respect of which a certification in accordance with that paragraph has been done; or |
[Section 15(1)(b)(iii)(bb)amended by section 9 of Act No. 78 of 1997]
| (cc) |
has previously been admitted as an advocate; |
[Section 15(1)(b)(iii)(cc) amended by section 9 of Act No. 78 of 1997]
has attended a training course approved by the society having jurisdiction in the area in which he completed his service under articles or contract of service, or, in the case of section 2A(c), has attended a training course approved by the society having jurisdiction in the area in which the candidate attorney intends to practise, and has completed such training course to the satisfaction of that society: Provided that this subparagraph shall not apply to a person who attended a training course referred to in section 2(1A)(a) or 2A(a)(i) and who has completed such course to the satisfaction of the society concerned; and
[Section 15(1)(b)(ivA)(bb) amended by section 12 of Act No. 40 of 2014]
[Section 15(1)(b)(ivA) inserted by section 11 of Act No. 87 of 1989]
| (v) |
[Section 15(1)(b)(v) deleted by section 3(b) of Act No. 33 of 1995] |
| (vi) |
completed his service under articles or contract of service, or has complied with the provisions of section 2(1A), within the period of three years preceding his application to the court or within the further period allowed by the court in terms of subsection (2). |
[Section 15(1)(b)(vi) amended by section 14(a) of Act No. 115 of 1993]
| (2) |
The court may in its discretion, on the application of any person and on good cause shown, allow a further period in addition to the period of three years referred to in subsection (1)(b)(vi), within which the applicant may apply for admission as an attorney, subject to such conditions, if any, as it may deem fit, including a condition relating to further service under articles or contract of service. |
[Section 15(2) amended by section 14(b) of Act No. 115 of 1993]
| (3) |
A court may, on application made in accordance with this Act, readmit and re-enrol any person who was previously admitted and enrolled as an attorney and has been removed from or struck off the roll, as an attorney, if— |
| (a) |
such person, in the discretion of the court, is a fit and proper person to be so readmitted and re-enrolled; and |
| (b) |
the court is satisfied that he has complied with the provisions of subsection (1)(b)(ii). |
[Section 15 amended by section 7 of Act No. 108 of 1984]
Implementation of Geneva Conventions Act, 2012
