(1)
| (a) |
A person duly admitted by the High Court and authorised to be enrolled to practise as a legal practitioner must apply to the Council in the manner determined in the rules, for the enrolment of his or her name on the Roll. |
| (b) |
The application referred to in paragraph (a) must— |
| (i) |
be accompanied by the fee determined in the rules; |
| (ii) |
indicate whether the applicant intends to practise as an attorney or an advocate and, in the case of an advocate, whether he or she intends practising with or without a Fidelity Fund certificate; and |
| (iii) |
be submitted to the Council in the manner determined in the rules through the Provincial Council where the legal practitioner intends to practise. |
| (2) |
The Council must enrol the applicant as an attorney, advocate, notary or conveyancer, as the case may be, if he or she complies with the provisions of this Act. |
| (3) |
The Council must keep a Roll of Legal Practitioners, as determined in the rules, which must reflect— |
| (a) |
the particulars of practising and non-practising legal practitioners and, in the case of advocates, whether they practise with or without a Fidelity Fund certificate; |
| (b) |
the name of every person admitted as a legal practitioner in terms of this Act and the particulars of the order of court in terms of which he or she was admitted; |
| (c) |
the name of every person readmitted as a legal practitioner and the particulars of the order of court in terms of which he or she was readmitted; |
| (d) |
the names of all persons who were admitted and enrolled as legal practitioners before the commencement of this Act, and the particulars of the orders of court admitting them; |
| (e) |
the particulars of any order of court in terms of which any legal practitioner has been suspended, whether the order was made before or after the commencement of this Act, or particulars of any court order in terms of which the name of any such person has been ordered to be struck off the Roll; |
| (f) |
any conversion of enrolment as contemplated in section 32; |
| (g) |
any amendment or endorsement against the enrolment of a legal practitioner as contemplated in section 40(3)(a)(v); |
| (h) |
the particulars of every attorney who has been issued with a certificate relating to right of appearance in the High Court, the Supreme Court of Appeal and the Constitutional Court referred to in section 25(3); and |
| (i) |
the particulars of every advocate who practises with a Fidelity Fund certificate as contemplated in section 34(2)(b). |
| (4) |
Any document issued by the Council in terms of which it is certified that— |
| (a) |
a person has been admitted and enrolled to practise as a legal practitioner; |
| (b) |
a person has been readmitted to practise as a legal practitioner; |
| (c) |
a person has been suspended from practice as a legal practitioner; or |
| (d) |
the name of a person has been struck off the Roll, |
is, on its mere production, prima facie proof of the facts stated therein.
| (5) |
The registrar of the Division of the High Court which makes an order— |
| (a) |
admitting and authorising a person to practise and be enrolled as a legal practitioner; |
| (b) |
readmitting and authorising a person to practise and be enrolled as a legal practitioner; or |
| (c) |
that the name of a person be struck off the Roll or that suspends a person from practice as a legal practitioner under this Act or any other law, |
must immediately, after the making of that order, forward a certified copy thereof to the Council through the Provincial Council having jurisdiction.
| (6) |
The Roll referred to in subsection (3) must be— |
| (a) |
published on the website of the Council; |
| (b) |
updated every month by the Council; and |
| (c) |
available for inspection by members of the public during business hours of the Council and Provincial Councils. |
Mandating Procedures of Provinces Act, 2008
