Mandating Procedures of Provinces Act, 2008
R 385
Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 2 : South African Legal Practice CouncilPart 1 : Establishment, powers and functions of South African Legal Practice Council12. Removal from office |
| (1) | The Council may remove a member of the Council from office on account of— |
| (a) | a finding by a disciplinary committee in terms of section 40 of any serious misconduct as set out in the code of conduct contemplated in section 36 on the part of a legal practitioner; |
| (b) | incapacity or incompetency which, in the opinion of the Council, debars him or her from serving as a member of the Council; |
| (c) | absence from three consecutive meetings of the Council without the permission of the chairperson, except on good cause shown; |
| (d) | a request by the body which or person who elected or designated that member in terms of section 7, on good cause shown by the body or person in question; or |
| (e) | his or her becoming disqualified to remain as a member of the Council as contemplated in section 8(2). |
| (2) | If the Council has commenced proceedings for the removal of a member, it may suspend that member from office. |
| (3) | A member who is suspended from office may not perform or exercise any of the powers or functions of that office or receive any allowances. |
| (4) | The Council must follow due process of law if it intends to remove or suspend a member from office, as determined by the Council in the rules. |
