Mandating Procedures of Provinces Act, 2008
R 385
Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 4 : Professional Conduct and Establishment of Disciplinary Bodies40. Proceedings after disciplinary hearing and sanctions |
| (1) |
| (a) | After the conclusion of a hearing a disciplinary committee must, within 30 days, decide whether or not the legal practitioner, candidate legal practitioner or juristic entity is guilty of misconduct. |
| (b) | If a disciplinary committee finds that the legal practitioner, candidate legal practitioner or juristic entity is guilty of misconduct it must— |
| (i) | inform the legal practitioner, candidate legal practitioner or representative of the juristic entity and the Council and Provincial Council of the finding; and |
| (ii) | inform the legal practitioner, candidate legal practitioner or representative of the juristic entity of the right of appeal as provided for in terms of section 41. |
| (2) | A legal practitioner, candidate legal practitioner or representative of a juristic entity found guilty of misconduct in terms of this section may— |
| (a) | address a disciplinary committee in mitigation of sentence; and |
| (b) | call witnesses to give evidence on his or her behalf in mitigation of sentence. |
| (3) | If found guilty of misconduct, the disciplinary committee concerned may call witnesses to give evidence in aggravation of sentence and may— |
| (a) | in the case of a legal practitioner— |
| (i) | order him or her to pay compensation, with or without interest to the complainant, which order is subject to confirmation by an order of any court having jurisdiction in the circumstances in the prescribed manner, on application by the Council; |
| (ii) | impose upon him or her a fine, payable to the Council, not exceeding the amount determined from time to time by the Minister by notice in the Gazette, on the advice of the Council; |
| (iii) | temporarily suspend him or her from practising or from engaging in any particular aspect of the practice of law, pending the finalisation of an application referred to in subparagraph (iv)(bb); |
| (iv) | advise the Council to apply to the High Court for— |
| (aa) | an order striking his or her name from the Roll; |
| (bb) | an order suspending him or her from practice; |
| (cc) | an interdict prohibiting him or her from dealing with trust monies; or |
| (dd) | any other appropriate relief; |
| (v) | advise the Council to amend or endorse his or her enrolment; |
| (vi) | order that his or her Fidelity Fund certificate be withdrawn, where applicable; |
| (vii) | warn him or her against certain conduct and order that such warning be endorsed against his or her enrolment; or |
| (viii) | caution or reprimand him or her; |
| (b) | in the case of a juristic entity— |
| (i) | order it to pay compensation, with or without interest, to the complainant, which order is subject to confirmation by an order of any court having jurisdiction in the circumstances in the prescribed manner on application by the Council; |
| (ii) | impose upon it a fine, payable to the Council, not exceeding the amount determined from time to time by the Minister by notice in the Gazette, on the advice of the Council; |
| (iii) | warn it against certain conduct; |
| (iv) | advise the Council to apply to the High Court for the winding up of the juristic entity; or |
| (v) | caution or reprimand it; or |
| (c) | in the case of a candidate legal practitioner— |
| (i) | cancel or suspend his or her practical vocational training; |
| (ii) | impose upon him or her a fine, payable to the Council, not exceeding the amount determined from time to time by the Minister by notice in the Gazette, on the advice of the Council; or |
| (iii) | caution or reprimand him or her. |
| (4) |
| (a) | A disciplinary committee may— |
| (i) | impose any combination of the sanctions in either subsection (3)(a), (b) or (c); and |
| (ii) | postpone the taking of any steps or suspend the imposition of any sanction on conditions as it may determine. |
| (b) | In addition to the sanctions referred to in subsection (3), a disciplinary committee may order the legal practitioner, candidate legal practitioner or juristic entity to pay the cost of the investigation or the disciplinary hearing. |
| (5) |
| (a) | If the taking of any steps or the imposition of any sanction has been postponed or suspended for a particular period, and if at the end of that period the disciplinary committee is satisfied that the legal practitioner, candidate legal practitioner or juristic entity concerned has substantially observed all the relevant conditions, the disciplinary committee must indicate in writing that no further steps will be taken or that the sanction will not be imposed. |
| (b) | If a legal practitioner, candidate legal practitioner or juristic entity fails to comply with any conditions determined in terms of this section, the disciplinary committee may impose a sanction for non-compliance or execute the sanction originally imposed, unless the legal practitioner, candidate legal practitioner or juristic entity satisfies the disciplinary committee that the non-compliance was due to circumstances beyond his or her or its control, in which case the disciplinary committee may set further conditions as it deems fit. |
| (6) | Any court with civil jurisdiction may, on the application of a disciplinary committee, grant an order for the recovery from the legal practitioner, candidate legal practitioner or juristic entity concerned of any amount such legal practitioner, candidate legal practitioner or juristic entity failed to pay in accordance with a sanction imposed in terms of this section, together with any interest thereon, after which the order so granted has the effect of a civil judgment of that court and must be executed in accordance with the law applicable in that court. |
| (7) |
| (a) | At the conclusion of a disciplinary hearing a disciplinary committee must notify the complainant, the Council and the Provincial Council in writing of the outcome of the hearing. |
| (b) | If a disciplinary committee finds that the legal practitioner, candidate legal practitioner or juristic entity is not guilty of misconduct it must inform the complainant of the right of appeal as provided for in terms of section 41. |
| (8) | The Council must give effect to the advice and decision of a disciplinary committee. |
