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 Council7. Composition of Council |
| (1) | The Council consists of the following members: |
| (a) | 16 legal practitioners, comprising of 10 practising attorneys and six practising advocates, elected in accordance with the procedure prescribed by the Minister— |
| (i) | in terms of section 97(1)(a)(i); or |
| (ii) | in terms of this section, in consultation with the Council, if the procedure referred to in subparagraph (i) requires revision after the commencement of Chapter 2; |
| (b) | two teachers of law, one being a dean of a faculty of law at a university in the Republic and the other being a teacher of law, designated in the prescribed manner; |
| (c) | subject to subsection (3), three fit and proper persons designated by the Minister, who, in the opinion of the Minister and by virtue of their knowledge and experience, are able to assist the Council in achieving its objects; |
| (d) | one person designated by Legal Aid South Africa; and |
| (e) | one person designated by the Board, who need not necessarily be a legal practitioner. |
| (2) | When constituting the Council the following factors must, as far as is practicable, be taken into account: |
| (a) | the racial and gender composition of South Africa; |
| (b) | the objects of the Council; |
| (c) | representation of persons with disabilities; |
| (d) | provincial representation; and |
| (e) | experience and knowledge of— |
| (i) | the provision of legal services; |
| (ii) | the principles of promoting access to justice; |
| (iii) | legal education and training; |
| (iv) | consumer affairs; |
| (v) | civil and criminal proceedings and the functioning of the courts and tribunals in general; |
| (vi) | the maintenance of professional standards of persons who provide legal services; |
| (vii) | the handling of complaints; and |
| (viii) | competition law. |
| (3) | A person referred to subsection (1)(c) may not be designated as a member of the Council if he or she— |
| (a) | is a public servant; |
| (b) | is a member of Parliament, any provincial legislature or any municipal council; or |
| (c) | is an office-bearer or employee of any party, movement or organisation of a party-political nature. |
