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

Chapter 9 : Regulations and Rules

94. Regulations

 

(1) The Minister may, and where required in the circumstances, must, subject to subsection (2), make regulations relating to—
(a) the establishment of a mechanism to provide appropriate legal education and training as contemplated in section 6(5)(f);
(b) the establishment of a mechanism to monitor progress on the implementation of the programmes relating to the empowerment of historically disadvantaged legal practitioners as well as historically disadvantaged candidate legal practitioners referred to in section 6(5)(h)(iv);
(c) a  procedure  for  the  election  of  legal  practitioners  to  the  Council  as contemplated in section 7(1)(a);
(d) the manner in which teachers of law are designated for purposes of the Council as contemplated in section 7(1)(b);
(e) [Section 94(1)(e) deleted by section 7 of Act No. 16 of 2017];
(f) the admission and enrolment of foreign legal practitioners as contemplated in section 24(3);
(g) the certificate to be issued by the registrar of a Division of the High Court to the effect that an attorney has the right to appear in the High Court, the Supreme Court of Appeal or the Constitutional Court as contemplated in section 25(3);
(h) appropriate relevant experience as contemplated in section 25(3)(b);
(i) the practical vocational training requirements for candidate legal practitioners as contemplated in section 26(1)(c);
(j) the rendering of community service as contemplated in section 29(1);
(k) the implementation of recommendations emanating from the investigation of the South African Law Reform Commission in respect of fees as contemplated in section 35;
(l) the manner in which an application is made to court for purposes of section 40(3)(a)(i) and (b)(i);
(m) government and other securities in which the Board can invest surplus funds as contemplated in sections 63(1)(a) and 72(3);
(n) the matters to be included in the annual report submitted to the Council and Minister as contemplated in section 75(3)(d);
(o) any other matter in respect of which regulations may or must be made in terms of this Act; or
(p) any other ancillary or administrative matter that is necessary to be prescribed for the proper implementation or administration of this Act.

 

(2) The regulations contemplated in subsection (1) must—
(a) in  the case of subsection (1)(a) to (l) and (o) and (p), be made after consultation with the Council, unless otherwise indicated; and
(b) in the case of subsection (1)(m) and (n), be made after consultation with the Council and the Board.

 

(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be approved by Parliament.