7.1 Any Councillor who:
| 7.1.1 |
has outstanding subscriptions, fines, costs and levies or any other financial obligations due to the society; or |
| 7.1.2 |
has a pending application to strike his or her name from the roll of attorneys or to suspend him or her from practice; or |
| 7.1.3 |
is not in possession of a current Fidelity Fund Certificate; or |
[RULE 7.1.4 BELOW APPLIES TO THE LSNP, KZNLS AND FSLS ONLY]
| 7.1.4 |
has been found guilty of unprofessional or dishonourable or unworthy conduct during the preceding three years in respect of which a fine of R50 000 or more has, or fines of R50 000 or more in the aggregate have, been imposed |
[RULE 7.1.4 BELOW APPLIES TO THE CLS ONLY]
| 7.1.4 |
has been found guilty of unprofessional or dishonourable or unworthy conduct during the preceding three years in respect of which a fine of R20 000 or more has, or fines of R20 000 or more in the aggregate have, been imposed |
shall be suspended from serving as a Councillor.
| 7.2 |
Any Councillor who is suspended shall be reinstated: |
| 7.2.1 |
upon payment of outstanding subscriptions, fines, costs and levies or any other financial obligations due to the society; or |
| 7.2.2 |
on issue to him or her of a current Fidelity Fund Certificate; or |
| 7.2.3 |
if the result of the application to strike his or her name from the roll of attorneys or to suspend him or her from practice is such that he or she is not struck from the roll or suspended from practice. |
| 7.3 |
Subject to the provisions of the Act : |
| 7.3.1 |
the Council may by a vote representing a majority of 75 percent of Councillors present at a meeting of the Council suspend a member of the Council from office for any reason which it considers would justify his or her removal from office, pending an enquiry into the circumstances which gave rise to the decision to suspend. |
| 7.3.2 |
the Council shall not exercise its right of suspension in terms of rule 7.3.1 without having first notified the member concerned in writing that it is considering such a suspension and without advising such member of the reason for which it is considering doing so. |
| 7.3.3 |
the Council shall afford the member concerned the opportunity to furnish the Council within a period stipulated in the notification with his or her reasons, if any, as to why the Council should not exercise such right to suspend him or her. |
| 7.3.4 |
the Council shall be entitled to call upon the member concerned to amplify such reasons by oral representations to the Council within such period as it shall stipulate. |
| 7.3.5 |
the Council shall make its decision in the light of such reasons, if any, and such oral representations, if any, submitted by such member. |
| 7.3.6 |
the Council shall notify the member concerned in writing of its decision either to suspend or not to do so, and in the former instance the suspension shall be effective from the date of the Council's decision. |
| 7.4 |
The Council shall record the date on which the suspension of a member of the Council becomes effective and the date on which the suspension terminates. |
Stamp Duties Act, 1968 (Act 77 of 1968)
