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

Chapter III : Law Societies

71. Enquiry by council into alleged cases of unprofessional or dishonourable or unworthy conduct

 

(1) A council may in the prescribed manner inquire into cases of alleged unprofessional or dishonourable or unworthy conduct or contravention of any law repealed by section 35 of the Attorneys Amendment Act, 2014, on the part of or by any attorney, notary or conveyancer whose name has been placed on the roll of any court within the area of jurisdiction of its society, whether or not he or she is a member of such society, or of any person serving articles of clerkship or a contract of service with a member of its society, or of any former candidate attorney referred to in section 8(4).

[Section 71(1) amended by section 24(a) of Act No. 40 of 2014]

 

(2)
(a) For the purposes of an enquiry under subsection (1), a council may—
(i) under the hand of the president or the secretary of its society, summon any person who in the opinion of the council may be able to give material information concerning the subject matter of the enquiry or who is believed by the council to have in his possession or custody or under his control any book, document, record or thing which has any bearing on the subject matter of the enquiry, to appear before it at a time and place specified in the summons, to be interrogated or to produce that book, document, record or thing, and may retain for inspection any book, document, record or thing so produced;
(ii) through the person presiding at the enquiry administer an oath to, or accept an affirmation from, any person present at the enquiry and who was summoned under subparagraph (i) and interrogate him and require him to produce any book, document, record or thing in his possession or custody or under his control.
(b) A summons referred to in paragraph (a) shall be served in the same manner as a summons for the attendance of a witness at a civil trial in a magistrate's court.
(c) In connection with the interrogation of any person who has been summoned under this section or the production by such person of any book, document, record or thing, the law relating to privilege as applicable to a witness summoned to give evidence or to produce a book, document, record or thing in a civil trial before a court of law shall apply.
(d)
(i) Any person who has been summoned in terms of this subsection or who has given evidence before a council shall be entitled to the same witness fees as if he had been summoned to attend or had given evidence at a civil trial in a magistrate's court held at the place where the enquiry is held.
(ii) Any fees which may become payable in terms of subparagraph (i) shall be paid from the funds of the society concerned.

 

(3) The person presiding at the enquiry shall keep or cause to be kept a record of the proceedings at the enquiry and of the evidence given thereat.

 

(4) A council conducting an enquiry in terms of this section may, if the conduct enquired into forms or is likely to form the subject of criminal or civil proceedings in a court of law, postpone the enquiry until such proceedings have been determined.

 

(5) A council may take any of the steps provided for in this section and section 72, irrespective of when or where the alleged conduct or contravention took place or whether the alleged conduct or contravention occurred before or after a person became a member of its society or not.

[Section 69(5) inserted by section 24(b) of Act No. 40 of 2014]