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

Chapter 2 : South African Legal Practice Council

Part 1 : Establishment, powers and functions of South African Legal Practice Council

8. Membership of Council

 

(1) A member of the Council must—
(a) be a South African citizen;
(b) be a fit and proper person; and
(c) subscribe to the objects of the Council.

 

(2) The following persons are disqualified from becoming or remaining members of the Council:
(a) An unrehabilitated insolvent;
(b) a person declared to be of unsound mind by a court of the Republic;
(c) a person who has been convicted in a court of first instance—
(i) of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine; or
(ii) of an offence, which involves any element of dishonesty, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, other than a conviction for an offence committed prior to 27 April 1994 associated with political objectives: Provided that if the person in question lodges an appeal against the conviction or sentence, he or she must be suspended from office by the Council as contemplated in section 12, pending the outcome of the appeal: Provided further that he or she may be replaced by the designating body, or in the case of a member referred to in section 7(1)(a), elected in terms of the procedure referred to in that section;
(d) a person who has been removed from office in terms of section 12; or
(e) a member of the Board or any of its committees.