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

Chapter 10 : National Forum and Transitional Provisions

Part 1

97. Terms of reference of National Forum

 

(1) The National Forum must, within 24 months after the commencement of this Chapter—
(a) make recommendations to the Minister on the following:
(i) An election procedure for purposes of constituting the Council;
(ii) the  establishment  of  the  Provincial  Councils;

[Section 97(1)(a)(ii) substituted by section 9(a) of Act No. 16 of 2017]

(iii) the composition, powers and functions of the Provincial Councils;
(iv) [Section 97(1)(a)(iv) deleted by section 9(b) of Act No. 16 of 2017]
(v) all the practical vocational training requirements that candidate attorneys or pupils must comply with before they can be admitted by the court as legal practitioners;

[Section 97(1)(a)(v) substituted by section 9(c) of Act No. 16 of 2017]

(vi) the right of appearance of a candidate legal practitioner in court or any other institution; and
(vii) a mechanism to wind up the affairs of the National Forum;
(b) prepare and publish a code of conduct for legal practitioners, candidate legal practitioners and juristic entities; and
(c) make rules, as provided for in section 109(2) and (3).

[Section 97(1)(c) substituted by section 9(d) of Act No. 16 of 2017]

(2)
(a) The National Forum must, within 24 months of the commencement of this Chapter, negotiate with, and reach an agreement with the law societies referred to in section 56 of the Attorneys Act, in respect of the transfer of their assets, rights, liabilities, obligations and staff, to the Council or Provincial Councils as well as a date on which the law societies shall be dissolved and such transfer effected: Provided that such date may not be later than six months after the date of commencement of Chapter 2.

[Section 97(2) substituted by section 9(e) of Act No. 16 of 2017]

(b) The provisions of paragraph (a) do not preclude any non-statutory bodies or voluntary associations which are involved in the regulation of legal practitioners or matters dealt with in this Act, from negotiating and reaching an agreement with the National Forum in respect of the transfer of their assets, rights, liabilities, obligations and staff, to the Council or Provincial Councils.

 

(3) Section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), applies in respect of the transfer of the staff contemplated in subsection (2).

 

(4) If an agreement contemplated in subsection (2) cannot be reached by the parties concerned, any of the parties may agree to refer the matter to arbitration in terms of the Arbitration Act, 1965 (Act No. 42 of 1965).

 

(5) The Minister may extend the period of 24 months contemplated in subsections (1) and (2) if he or she deems it necessary.

 

(6) The National Forum must, at least six months before the date of commencement of Chapter 2, make recommendations to the Minister for purposes of making the regulations contemplated in section 94.

[Section 97(6) inserted by section 9(f) of Act No. 16 of 2017]