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

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

8. Appearance of candidate attorney in court and before other institutions

 

(1) Any candidate attorney who 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, or for a degree or degrees referred to in paragraph (aB) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than the High Court, the Supreme Court of Appeal or the Constitutional Court and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared: Provided that such a candidate attorney shall not be entitled to appear in a court of a regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), unless he or she—
(i) has previously practised as an advocate for at least one year; or
(ii) has served for at least one year under his or her articles or contract of service; or
(iii) has at least one year's experience as a state advocate, state prosecutor or magistrate.

[Section 8(1) amended by section 7(a) of Act No. 40 of 2014]

 

(2) [Deleted]

 

(2A) Any candidate attorney who—
(a) is entitled to appear under any law repealed by section 35 of the Attorneys Amendment Act, 2014, may, notwithstanding that repeal, continue to so appear; and
(b) may so continue to appear, may apply to the society having jurisdiction for a certificate referred to in subsection (3), which the society may or may not issue.

[Section 8(2A) inserted by section 7(b) of Act No. 40 of 2014]

 

(3) The secretary of the society concerned shall, upon the written application of the principal of any candidate attorney referred to in subsection (1) or (2A) and upon the payment of the fees prescribed under section 80(bA), issue to such candidate attorney a certificate that he complies with the relevant provisions of subsection (1).

[Section 8(3) amended by section 7(c) of Act No. 40 of 2014]

 

(4)
(a) Any candidate attorney who is entitled to appear as contemplated in subsection (1) or (2A), shall at the expiry of his articles or contract of service, and provided he remains in the employ of the attorney who was his principal immediately before such expiry, or provided he remains in the service of the law clinic or  Legal Aid South Africa concerned, as the case may be, remain so entitled until he is admitted as an attorney, but not for longer than six months.

[Section 8(4)(a) amended by section 7(d) of Act No. 40 of 2014]

(b) The provisions of section 6 shall apply mutatis mutandis in respect of a former candidate attorney referred to in paragraph (a).

 

(5) In the event of the death, mental illness, insolvency, conviction for crime, suspension, striking off the roll or discontinuance of practice of the attorney who was the principal of a former candidate attorney referred to in subsection (4) immediately before the expiry of his articles, such former candidate attorney shall with the written permission of the secretary of the society having jurisdiction in the area in which the candidate attorney served under articles, be entitled to take service with any other attorney and to appear as contemplated in subsection (4) under the supervision of that attorney.

[Section 8(5) amended by section 7(e) of Act No. 40 of 2014]

 

[Section 8 amended by section 6 of Act No. 87 of 1989]