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Legal Practice Act, 2014 (Act No. 28 of 2014)

Chapter 6 : Legal Practitioners' Fidelity Fund

Part 2 : Operation of Fund

69. Removal from office

 

(1) The Board may remove a member of the Board 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 and incompetence which, in the opinion of the Board, debars him or her from serving as a member of the Board;
(c) absence from three consecutive meetings of the Board without the permission of the chairperson, except on good cause shown; or
(d) a request by the body which or person who elected or designated that member in terms of section 62, 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 Board as contemplated in section 64(2).

 

(2) If the Board 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 Board must follow due process of law if it intends to remove or suspend a member from office, as determined by the Board in the rules contemplated in section 63(1)(f).