| (1) |
No person other than a practitioner shall practise or hold himself out as a practitioner or pretend to be, or make use of any name, title or addition or description implying or creating the impression that he is a practitioner or is recognized by law as such or perform any act which he is in terms of any regulations made under section 81(1)(g) prohibited from performing. |
| (2) |
No person shall orally or by means of any written or printed matter or in any other manner, directly or indirectly, either for himself or for any other person, canvass, advertise or tout for, or make known his preparedness or that of such other person to undertake any work, whether for or without remuneration, in connection with the drawing up of a will or other testamentary writing, the administration or liquidation or distribution of the estate of any deceased or insolvent person, mentally ill person, or any person under any other legal disability, or the judicial management or the liquidation of a company. |
[Section 83(2) amended by section 5 of Act No. 60 of 1982]
| (3) |
Notwithstanding anything to the contrary in any law contained, no person other than an advocate or an attorney or an agent referred to in section 22 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), shall appear for or on behalf of any other person in any proceedings or categories of proceedings which are held under the provisions of any law and which have been designated by the Minister by notice in the Gazette after consultation with the presidents of the various societies. |
| (4) |
Any practitioner who has been struck off the roll or suspended from practice shall not, while he is so struck off or suspended, continue to practise as a practitioner directly or indirectly for his own account or in partnership or association with any other person, or, except with the written consent of the society concerned, and, if he is a person who, in terms of section 34(1)(b) of the Internal Security Act, 1982 (Act No. 74 of 1982), has been struck off the roll, also with the written consent of the Minister, be employed in any capacity connected with the profession of a practitioner. |
[Section 83(4) amended by section 30(a) of Act No. 87 of 1989]
| (5) |
A practitioner shall not, except with the written consent of the society concerned, and, in the case of a person who, in terms of section 34(1)(b) of the Internal Security Act, 1982, has been struck off the roll, also with the written consent of the Minister, employ in any capacity any person who has been struck off the roll or suspended from practice, while such person is so struck off or suspended. |
[Section 83(5) amended by section 30(b) of Act No. 87 of 1989]
| (6) |
A practitioner shall not make over to or share or divide with any person other than a practitioner in, or a legal practitioner outside, the Republic, either by way of partnership, commission or allowance or in any other manner any portion of his professional fees. |
| (7) |
A person who contravenes any of the provisions of subsections (1) to (6) or of section 13A shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 in respect of each offence. |
[Section 83(7)amended by section 30(c) of Act No. 87 of 1989]
| (a) |
Any person, except a practising practitioner, who for or in expectation of any fee, gain or reward, direct or indirect, to himself or to any other person, draws up or prepares or causes to be drawn up or prepared any of the following documents, namely— |
| (i) |
any agreement, deed or writing relating to immovable property or to any right in or to immovable property, other than contracts of lease for periods not exceeding five years, conditions of sale or brokers' notes; |
| (ii) |
any will or other testamentary writing; |
| (iii) |
any memorandum or articles of association or prospectus of any company; |
| (iv) |
any agreement, deed or writing relating to the creation or dissolution of any partnership or any variation of the terms thereof; |
| (v) |
any instrument or document relating to or required or intended for use in any action, suit or other proceeding in a court of civil jurisdiction within the Republic, |
shall be guilty of an offence and on conviction liable in respect of each offence to a fine not exceeding R2 000 and in default of payment thereof to imprisonment not exceeding six months.
[Section 83(8)(a) amended by section 30 (d) of Act No. 87 of 1989]
| (b) |
The expression 'fee, gain or reward, direct or indirect' referred to in paragraph (a) shall not apply to— |
| (i) |
the salary or emoluments of an employee if no fee, gain or reward is sought or obtained by his employer from the person on whose behalf the document was drawn or prepared; or |
| (ii) |
any commission or other remuneration to which any person is or may be entitled either by law or otherwise for services rendered in his capacity as executor, administrator, trustee, curator, tutor or guardian by virtue of his appointment as such by any court of law or under the provisions of any will or other testamentary writing, or as agent for any person holding such appointment. |
| (9) |
Any practitioner who does not comply with the provisions of section 78(1), (2), (2A), (3) or (4), shall be guilty of an offence and on conviction liable to a fine not exceeding R1 000. |
[Section 83(9) amended by section 30(e) of Act No. 87 of 1989]
| (10) |
Any person who directly or indirectly purports to act as a practitioner or to practise on his own account or in partnership without being in possession of a fidelity fund certificate, shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
[Section 83(10) amended by section 30(f) of Act No. 87 of 1989]
| (11) |
The provisions of subsection (2) shall not apply— |
| (a) |
to any board of executors, or trust company (not being a private company within the meaning of section 104 of the Companies Act, 1926 (Act No. 46 of 1926), licensed as such on or before 31 December 1938 under the Licences Consolidation Act, 1925 (Act No. 32 of 1925), which— |
| (i) |
has in its name or title words indicating that its objects or functions include work in connection with a matter mentioned in subsection (2); or |
| (ii) |
on signboards, nameplates or notices exhibited on the premises in which it carries on business, on its stationery, or on its usual annual calendars or in any advertisement in the public press, or in its annual reports or any report of the proceedings at an annual general meeting, makes known by a simple statement to that effect that its objects or functions include any such work; |
[Section 83(11)(a)(ii) amended by section 1 of Act No. 49 of 1996]
| (b) |
to any person who in reply to a direct enquiry voluntarily made to him by someone else makes known the preparedness of himself or some other person to perform any such work; |
| (c) |
to any shareholder or employee of a board of executors or trust company mentioned in paragraph (a) who canvasses another shareholder or employee of the same board of executors or trust company on behalf of such board or company; |
| (d) |
to any practitioner or any commercial banking institution or any board of executors or trust company who indicates in any public notice required by law in connection with the liquidation or administration of any estate, that he or it does such work; |
| (e) |
to any practitioner who makes known in such manner as may be approved by the society having jurisdiction in the area in which he or she practises, that he or she does such work; |
[Section 83(11)(e) amended by section 30 of Act No. 40 of 2014]
| (f) |
to any person (not being a board of executors or trust company mentioned in paragraph (a) or a company registered under the Companies Act, 1926 (Act No. 46 of 1926), or a commercial banking institution)— |
| (i) |
who on 21 February 1941 held a valid broker's or agent's licence issued under the Licences Consolidation Act, 1925 (Act No. 32 of 1925); |
| (ii) |
[Section 83(11)(f)(ii) deleted by Act No. 49 of 1996] |
who on a signboard, nameplate or notice exhibited on the premises where he carries on business, on his stationery or in any advertisement in the public press, makes known by a simple statement to that effect that his business includes any such work;
[Section 83(11)(f) amended by section 1 of Act No. 49 of 1996]
| (g) |
to any accountant who on 21 February 1941, was entitled to use any designation provided for by the Chartered Accountants Designation (Private) Act, 1927 (Act No. 13 of 1927), and who still is so entitled, who on a signboard or nameplate exhibited on the premises in which he carries on business, or on his stationery, makes known by a simple statement to that effect that his business includes any such work, provided he had on the date mentioned by such means made known that his business included such work. |
[Section 83(11)(g) amended by section 1 of Act No. 49 of 1996]
| (12) |
The provisions of subsection (8) shall not apply to— |
| (a) |
any person in the employment of a practising practitioner drawing or preparing or causing to be drawn or prepared any of the documents concerned in the course of his employment and on behalf of his employer; |
| (b) |
any agent referred to in section 22 of the Magistrates' Courts Act, 1944, and any person in the employment of such agent, acting in the course of his employment and on behalf of his employer, drawing or preparing or causing to be drawn or prepared any of the documents concerned, in so far as such agent was prior to the commencement of this Act entitled to draw or prepare or cause to be drawn or prepared any of the aforementioned documents and to charge a fee therefor; |
| (c) |
any person in the employment of the State, the Railway Administration, a provincial administration, the administration of the Land and Agricultural Bank of South Africa drawing or preparing or causing to be drawn or prepared any of the documents concerned in the course of his duty; |
[Section 83(12)(c) amended by section 1 of Act No. 49 of 1996]
[NB: In terms of section 36(1) of the Legal Succession to the South African Transport Services Act No. 9 of 1989, the reference to 'the Railway Administration' in the above provision shall be construed as a reference to the Company (Transnet Limited) and the Corporation (the South African Rail Commuter Corporation Limited)]
| (d) |
any trustee under the laws relating to insolvency or any executor, administrator or curator or any liquidator of a company drawing or preparing any of the documents concerned in the course of his statutory duties and receiving such fees as may be allowed by law; |
| (i) |
who on 31 December 1938 was the manager or secretary or attorney in the employment of a board of executors or trust company or any branch thereof licensed as such under the Licences Consolidation Act, 1925 (Act No. 32 of 1925); |
| (ii) |
[Section 83(12)(e)(ii) deleted by Act No. 49 of 1996] |
in respect of any such document drawn or prepared by him in such capacity, in so far as immediately prior to the relevant date aforementioned he in his said capacity was entitled to draw or prepare such a document and to charge a fee therefor;
[Section 83(12)(e) amended by section 1 of Act No. 49 of 1996]
| (f) |
any practising advocate in so far as he would be entitled but for the passing of this Act to draw or prepare any of the aforesaid documents in the ordinary course of his profession; |
| (g) |
any board of executors or trust company which, on 27 October 1967, was licensed as such under the Licences Act, 1962 (Act No. 44 of 1962), and carrying on business of which a substantial part consisted of the liquidation or distribution of the estates of deceased persons, if the person in the service of any such institution, who draws up or prepares or causes to be drawn up or prepared the documents referred to in subsection (8)(a)(ii), satisfies all the academic requirements to be admitted as an advocate or attorney in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or this Act, as the case may be. |
[Section 83(12)(g) inserted by section 9 of Act No. 122 of 1998]
| (13) |
Any practitioner who contravenes subsection (1), (3) or (4) of section 78 or subsection (2), (5) or (6) of this section shall also be guilty of unprofessional conduct and be liable to be struck off the roll or suspended from practice. |
| (14) |
Subsection (8) shall not in any way affect the provisions of the Natal Conveyancers Act, 1926 (Act No. 24 of 1926). |
| (a) |
Any person who has been summoned under section 71 who— |
| (i) |
fails, without sufficient cause, to attend at the time and place specified in the summons, or to remain in attendance until excused from further attendance by the person presiding at the enquiry; |
| (ii) |
refuses to take the oath or make an affirmation when required by the person presiding at the enquiry to do so; |
| (iii) |
fails, without sufficient cause, to produce any book, document, record or thing which he has in terms of section 71(2) been required to produce; |
| (iv) |
fails, without sufficient cause, to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him, |
shall be guilty of an offence and on conviction liable to a fine not exceeding R400.
[Section 83(15)(a) amended by section 30(g) of Act No. 87 of 1989]
| (b) |
Any person who at an enquiry referred to in section 71 gives false evidence after having been sworn or after having made an affirmation, shall be guilty of an offence and on conviction liable to the penalties prescribed by the law in respect of perjury. |
Implementation of Geneva Conventions Act, 2012
