Acts Online
GT Shield

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

Chapter III : Law Societies

69. Powers of council

 

A council may—

(a) prescribe the books, records, certificates or other documents to be kept, maintained or issued for the purposes of this Act, the form thereof, the inspection thereof by persons authorized to do so by the council, and the circumstances and manner in which alterations may be effected thereto;
(b) fix the subscriptions, fees, levies or other charges payable to its society by the members of its society, and, in fixing such subscriptions, fees, levies or other charges, differentiate among members belonging to different categories determined by it for the purpose;
(c) fix the fees payable to its society in respect of certificates issued by the secretary of its society, and determine the persons who shall be obliged to pay such fees;
(d) prescribe the tariff of fees payable to any practitioner in respect of professional services rendered by him in cases where no tariff is prescribed by any other law;
(dA) authorise any practitioner, after the submission of reasons which are acceptable to the council, to deviate in a particular case from any prescribed tariff for conveyancing services;

[Section 69(dA) inserted by section 54(a) of Act No. 129 of 1993]

(e) prescribe the information to be furnished to the secretary of its society by any person who—
(i) commences or discontinues to practise in the area of jurisdiction of the society;
(ii) takes up employment in the area of jurisdiction or ceases to be employed therein as a practitioner;
(iii) enters into or withdraws from a partnership with any person practising in the area of jurisdiction; or
(iv) practises in the area of jurisdiction and who changes his business or residential address;

[Section 69(e)(i), (ii), (iii) and (iv) amended by section 23(a) of Act No. 40 of 2014]

(f) prescribe the minimum remuneration payable to candidate attorneys;

[Section 69(f) amended by section 23(a) of Act No. 87 of 1989]

(g) prescribe the form and contents of articles of clerkship;
(h) prescribe the manner of assessment of the fees payable by any person to a practitioner in respect of the performance of any work other than litigious work and in respect of expenses reasonably incurred by such practitioner in connection with the performance of that work and, mero motu or at the request of such person or practitioner, assess such fees in the prescribed manner;

[Section 69(h) amended by section 54(b) of Act No. 129 of 1993]

(i) pay any person allowances to cover expenses reasonably incurred by such person in connection with the performance of any act at the request or under the directions of the council, on behalf of or for the benefit of its society;
(j) subject to such conditions as it may deem fit to impose, permit members of its society to form associations of such members, to be known as circles, in respect of such areas within the area of jurisdiction of the society concerned as the council may determine from time to time; determine the duties, functions and powers of such circles; designate places as the headquarters of such circles; and determine the constitution of bodies responsible for the management of the affairs of such circles;

[Section 69(j) amended by section 22(b) of Act No. 40 of 2014]

(k) prescribe the conditions on which any practitioner may practise at any branch office or in association with any other practitioner or any other person who carries on the practice of a lawyer outside the Republic;
(l) prescribe the allowance on the fees charged by a practitioner for professional services which such practitioner shall be entitled to make to another practitioner or to any other person who carries on the practice of a lawyer outside the Republic with whom he is not in partnership, in respect of any matter on which they were both engaged;
(m) prescribe the procedure to be followed in connection with any enquiry referred to in section 71;
(n) determine the manner in which the council shall conduct its business;
(o) prescribe the requirements to be complied with by a law clinic referred to in section 3(1)(f);

[Section 69(o) inserted by section 5(b) of Act No. 102 of 1991]

(p) do anything which is required for the proper and effective carrying out of its duties, the performance of its functions or the exercise of its powers.

[Section 69(p) amended by section 5(b) of Act No. 102 of 1991]