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

Rules for the Attorneys' Profession

Part II : Members

Meetings of members

Provisions common to all meetings of members

 

2.38 A quorum at a general or special meeting shall be fifty practising members personally present within 15 minutes after the time fixed for the commencement of the meeting

 

2.39 If a quorum is not present and the meeting is a general meeting or a special meeting other than one requisitioned under rule 2.35, it shall stand adjourned to the corresponding time on the seventh day thereafter at the same place, and the members then personally present shall constitute a quorum; provided that if the last mentioned day be a public holiday the meeting shall not take place on that day but shall stand adjourned instead to the corresponding time and the same place on the next succeeding business day, not being a public holiday, a Saturday or a Sunday.

 

2.40 If the meeting is a special meeting requisitioned in accordance with rule 2.35 and there is not a quorum present at the time appointed for that meeting or within 15 minutes thereafter, the meeting shall be dissolved.

 

2.41 Unless the chairperson otherwise decides, no notice of any meeting adjourned as provided in rule 2.39 need be given.

 

2.42 Any meeting of members at which a quorum shall be present may be adjourned to such time, date and place as may be decided at the meeting.

 

2.43 No business shall be transacted at an adjourned meeting other than the business competent to be considered and uncompleted at the meeting which was adjourned.

 

2.44 The following rules of debate and conduct shall be observed at all meetings of members:
2.44.1 subject to the provisions of this rule 2.44, members shall be given due and sufficient opportunity to speak on any subject under debate or discussion but no member shall be entitled, without the leave of the chairperson, to speak more than once on the same subject, except by way of explanation; provided that the mover of any motion shall be allowed to speak in reply, after which the debate or discussion shall be closed;
2.44.2 a member moving a motion may not speak for more than 15 minutes and any other member may not speak for more than 10 minutes, provided that the chairperson may extend such periods by such time as he or she may direct;
2.44.3 while an original motion is under debate no further motion shall be received except the following motions of course:
2.44.3.1 to amend the motion;
2.44.3.2 that the meeting be adjourned;
2.44.3.3 that the debate be adjourned;
2.44.3.4 that the question be not now put;
2.44.3.5 that the meeting proceed to the next business.

 

2.45 An amendment shall:
2.45.1 be relevant to the motion on which it is moved;
2.45.2 if so required by the chairperson, be reduced to writing, signed by the mover, handed to the chairperson and read by him or her before being moved;
2.45.3 be disposed of before:
2.45.3.1 any subsequent amendment be moved;
2.45.3.2 the original motion be proceeded with;
2.45.4 if carried, cause the original motion as thereby amended to become the original motion before the meeting and to which any subsequent amendment may be moved;
2.45.5 not be permitted if it alters the original motion in such a way as to make it a new motion actually or in effect, or effectively negates the original motion.

 

2.46 A member shall not be entitled to move the amendment of the same motion on more than one occasion.

 

2.47 A motion that the meeting be adjourned:
2.47.1 may, at any time except during the course of a speech by another member or while a vote is being taken, be moved by a member who has not already participated in the debate on the question then before the meeting;
2.47.2 shall provide for the date, place and time of the resumed meeting;
2.47.3 shall, if carried, forthwith cause the meeting to be adjourned; provided that if so directed by the chairperson, business other than opposed business shall first be disposed of;
2.47.4 shall, if not carried, prevent the acceptance of another such motion until half an hour thereafter;
2.47.5 may not be moved or seconded by the same member more than once during the course of one meeting;
2.47.6 may be spoken to by the mover for not longer than five minutes but shall not be spoken to by the seconder beyond formally seconding it and shall not be further discussed save in relation to any amendment to the period of the adjournment or by that member who first rises to speak in opposition to it and who may do so for not longer than five minutes;
2.47.7 shall, if carried during a debate on any question and before the conclusion thereof, entitle the member who moved the adjournment to speak first on that question at the adjourned meeting.

 

2.48 A motion that the debate be adjourned:
2.48.1 may, at the conclusion of any speech during the debate, be moved by a member who has not already participated in the debate;
2.48.2 shall, if carried, cause the meeting forthwith to proceed to the next business on the agenda and the adjourned debate, unless otherwise resolved, to be resumed at the next general meeting;
2.48.3 shall, at the resumption of the adjourned debate, entitle the member who moved the adjournment to speak first;
2.48.4 shall, if not carried, prevent the acceptance of another such motion until half an hour thereafter;
2.48.5 may not be moved or seconded by the same member more than once during the course of the same debate;
2.48.6 may be spoken to by the mover for not longer than five minutes but shall not be spoken to by the seconder beyond formally seconding it and shall not be further discussed save in relation to any amendment to the period of the adjournment or by that member who first rises to speak in opposition to it and who may do so for not longer than five minutes.

 

2.49 A motion that the question be not now put:
2.49.1 may, at the conclusion of any speech while an original motion, but not an amendment thereto, is under debate, be moved by a member who has not already participated in that debate;
2.49.2 may be moved immediately after an amendment to the original motion has been moved and before debate thereon has commenced and shall take precedence over such amendment;
2.49.3 shall be accepted or rejected by the chairperson in his or her discretion and its rejection shall preclude the moving of another such motion during the same debate until half an hour thereafter;
2.49.4 may not be amended;
2.49.5 shall, if not carried, cause the original motion to be put to the vote forthwith without further discussion;
2.49.6 shall, if carried, prevent the original motion from being put to the vote at that meeting but shall not prevent it from being moved afresh at a subsequent meeting;
2.49.7 shall be superseded by a motion that the meeting be adjourned;
2.49.8 may be spoken to by the mover and by any other member once only for not longer than five minutes each save that the mover shall have the right to reply for not longer than five minutes.

 

2.50 A motion that the meeting proceed to the next business:
2.50.1 shall be an interrupting motion;
2.50.2 may, at the conclusion of any speech while an original motion or any amendment hereto is under debate, be moved by a member who has not already participated in that debate;
2.50.3 shall be accepted or rejected by the chairperson in his or her discretion;
2.50.4 may not be spoken to by the mover or seconder beyond formally moving or seconding it;
2.50.5 may not be further discussed save that the chairperson shall upon accepting the motion, immediately offer the mover of the original motion the opportunity where applicable of exercising his or her right to reply to the debate on the original motion, whereafter the chairperson shall at once put the interrupting motion to the vote;
2.50.6 shall, if not carried, cause the debate on the original motion or on the amendment to be resumed at the point where it was interrupted, provided that if the mover of the original motion has exercised his or her right of reply and there be further debate on the original motion, the mover thereof shall have the right of replying only to such further debate and shall, if not carried, preclude the mover and seconder thereof from again moving or seconding another such motion during the same debate and the chairperson from accepting another such motion by another member during the same debate until half an hour thereafter;
2.50.7 shall, if carried, cause the original motion together with amendments thereto, if any, to lapse and no decision in regard thereto shall be deemed to have been taken.

 

2.51 A motion shall be seconded before being put to the meeting.

 

2.52 The chairperson may call the attention of the meeting to continued irrelevance, tedious repetition, unbecoming language or any breach of order on the part of a member and may order such member to discontinue his or her speech, or to withdraw a remark and, in the case of aggravated breach of order, defiance or serious impropriety, to withdraw from the meeting.

 

2.53 The ruling of the chairperson in regard to the application or the interpretation of or other matters arising out of or connected with any of the provisions of the rules relating to the rules of debate and conduct to be observed at all meetings shall be final and binding.

 

2.54 Except where in these rules otherwise provided, all questions discussed at general or special meetings shall be decided by a simple majority of members voting either in person or by proxy as provided in rule 2.57.

 

2.55 In all such questions the chairperson at the meeting shall, in the event of an equality of votes, have a second or casting vote in addition to his or her deliberative vote.

 

2.56 Voting in person shall be by way of show of hands; provided that if the chairperson so directs or if a poll is, at the request of a member, favoured by show of hands of at least one fourth of the members present in person, the vote shall be taken by poll in such manner as the chairperson shall direct.

 

2.57 At all general and special meetings votes may be given (except where otherwise in these rules provided) in person or by proxy.

 

2.58 The proxy holder shall be a member and shall be appointed by a written proxy substantially in the form prescribed in the First Schedule to these rules, which shall be completed and signed, and the votes and acts of such proxy holder shall be as valid and effectual as if made, done or given by the member in person, and every such proxy shall continue in force for the particular meeting for which it was given and for any adjournment thereof.

 

2.59 The proxy form shall contain a statement of the subject on which the holder thereof is to vote and also in what manner the holder is to vote in respect thereof or whether he or she may vote thereon or on any amendment as he or she thinks fit; provided that where the proxy holder is the chairperson the proxy form shall instruct him or her to vote only for or against a motion and with no authority to vote as he thinks fit, and provided further that the chairperson shall have no authority under the proxy to vote for any amendment to the original motion.

 

[RULE 2.60 BELOW APPLIES TO THE LSNP, KZNLS AND FSLS ONLY]:

2.60 A proxy holder, other than the chairperson, shall not be entitled, at any general or special meeting, to act as a proxy for more than the number of members determined by the Council from time to time

 

[RULE 2.60 BELOW APPLIES TO THE CLS ONLY]:

2.60 There shall be no limit on the number of proxies that a proxy holder shall hold.

 

2.61 Whenever a motion in respect whereof proxy votes have been lodged in accordance with rule 2.62 is put to the vote, the voting procedure shall be as follows:
2.61.1 the votes of those members who vote in person both for and against the motion shall first be counted;
2.61.2 the votes of those members who vote by proxy both for and against the motion shall next be counted in the manner set forth under rule 2.61.5;
2.61.3 the total number of votes counted in accordance with rules 2.61.1 and 2.61.2 shall be taken into account in determining the result of the voting;
2.61.4 proxy holders who exercise a vote by proxy shall do so by handing to two scrutineers, appointed by the chairperson from among the members present who do not themselves hold proxy forms, their proxy forms on which they shall have endorsed at the foot in the case of those motions where they have been instructed to vote as they think fit (including motions of course) the manner in which they have elected to vote;
2.61.5 the scrutineers shall scrutinise each proxy form so handed to them and, having satisfied themselves that the form bears the date stamp of the secretariat as in rule 2.63 provided and that the vote has in each case been cast as authorised, shall count the number of proxy votes cast both for and against the motion and shall report the result to the chairperson who shall add them to the respective number of votes cast both for and against the motion by the members who voted in person and shall forthwith announce the result of the voting to the meeting and his or her announcement shall in the absence of manifest error for all purposes be taken as correctly reflecting that result;
2.61.6 if after a vote has been taken on a motion of course on which a proxy has cast his or her proxy vote, the original motion, in respect of which the proxy holder has been authorised to vote by proxy, is put to the vote, the secretary shall return his or her proxy form to the proxy holder concerned to enable him or her to cast his or her proxy vote on the original motion.

 

2.62 The signed proxy form bearing the original signature of the member shall be lodged with the secretary not less than 24 hours prior to the time fixed for the commencement of the meeting at which the proxy is intended to be acted upon. This rule will be deemed to have been complied with if a faxed or electronic copy of the signed proxy form is received by the secretary not less than 24 hours prior to the time fixed for the commencement of the meeting provided that the original of that proxy form bearing the original signature of the member giving the proxy shall be received by the secretary not later than the time fixed for the commencement of the meeting.

 

2.63 The secretary shall thereupon satisfy himself or herself that each such proxy form complies with these rules and has been duly completed and shall then place the date stamp of the secretariat upon the form as evidence that these rules have been complied with in relation thereto.

 

2.64 The secretary shall ensure that all original proxy forms bearing the stamp of the secretariat as aforesaid are available at the place of the meeting and under his or her charge at least one hour before the time of commencement of the meeting, and shall hand to a proxy holder on request, and having identified him or her as such proxy holder, his or her proxy form so stamped.

 

2.65 No proxy vote shall be recognised which is not dealt with and cast in accordance with the provisions of this rule.

 

[RULE 2.66 BELOW APPLIES TO THE LSNP, KZNLS AND FSLS ONLY]

2.66 No member shall be entitled to vote by proxy on any question directly affecting any member personally.

 

[RULE 2.66 BELOW APPLIES TO THE CLS ONLY]:

2.66 No member shall be entitled to vote by proxy on any question directly affecting that member personally.

 

2.67 Minutes of the proceedings of every meeting of members shall be kept by the secretary or, in the event of his or her absence, by any other person appointed for the occasion by the chairperson at that meeting, which minutes shall be in written or electronic format. A fair copy of minutes which are kept in writing shall be entered in a minute book to be kept for that purpose and shall, subject to any necessary correction having been made, be signed as correct by the chairperson at the first succeeding meeting of the Council. Where the record of the proceedings is kept in electronic format it shall be in such form as the Council may determine. Such minutes shall be held available at the secretariat for inspection, free of charge, by any member on request.

 

2.68 At all meetings of members the president, if he or she shall be present, and if not, then the vice-president, and in the absence of the president and the vice- president, then a member of the Council nominated by the members of the Council there present, and in the absence of the president, vice-president and all the members of the Council, then a member of the society, to be elected at the meeting, shall preside as chairperson, provided that the member who takes the chair as president or vice-president at the commencement of a general meeting shall continue to act as chairperson for so long as he or she is present at that meeting, notwithstanding that he or she may during the course of that meeting cease to be president or vice-president or a member of the Council.