| (1) |
The Minister of Justice and Constitutional Development may, subject to the laws governing the public service, appoint as Solicitor-General, a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned— |
| (a) |
who is admitted as an attorney in any division of the High Court of South Africa; or |
| (i) |
is admitted as an advocate in any division of the High Court of South Africa; |
| (ii) |
was previously admitted as an attorney in any division of the High Court of South Africa and practised as such; |
| (iii) |
has not been struck off the Roll of attorneys or Roll of advocates, as the case may be; and |
| (iv) |
is eligible to be re-admitted as an attorney, |
and who shall, with due regard to the ethical norms and standards in the attorneys’ profession, be subject to the direction and supervision of the Minister.
| (2) |
The Solicitor-General is appointed for a term of five years, which may be extended by the Minister of Justice and Constitutional Development for any further period or periods of not more than five years at a time. |
| (3) |
The Minister of Justice and Constitutional Development may, subject to the laws governing the public service and after consultation with the Solicitor-General, appoint— |
| (a) |
as State Attorneys, fit and proper persons who are admitted and entitled to practise as attorneys in any division of the High Court of South Africa, and who shall be the heads of offices of State Attorney established or deemed to have been established in terms of section 1; |
| (b) |
as many persons, who are fit and proper, and who are admitted and entitled to practise as attorneys in any division of the High Court of South Africa, as may be necessary for the proper performance of the business of an office of State Attorney; and |
| (c) |
such other persons as may be necessary for the proper performance of the business of an office of State Attorney. |
(4)
| (a) |
The appointment of a Solicitor-General in terms of this section shall, subject to the laws governing the public service, and after following due process, terminate— |
| (i) |
if a division of the High Court of South Africa orders that— |
| (aa) |
his or her name be struck off the Roll of attorneys or Roll of advocates, as the case may be; or |
| (bb) |
he or she be suspended from practice as a sanction arising out of disciplinary processes instituted by the relevant professional governing body in the legal profession; or |
| (ii) |
in terms of any ground provided for in section 17 of the Public Service Act, 1994 (Proclamation No. 103 of 1994). |
| (b) |
The appointment of a State Attorney or attorney in terms of this section shall, subject to the laws governing the public service, and after following due process, terminate— |
| (i) |
if a division of the High Court of South Africa orders that— |
| (aa) |
his or her name be struck off the Roll of attorneys; or |
| (bb) |
he or she be suspended from practice as a sanction arising out of disciplinary processes instituted by the relevant professional governing body in the legal profession; or |
| (ii) |
in terms of any ground provided for in section 17 of the Public Service Act, 1994. |
(5)
| (a) |
Whenever the post of Solicitor-General is vacant or if the Solicitor-General is for any reason absent or unable to exercise his or her powers or to perform his or her functions in terms of this Act, the Minister of Justice and Constitutional Development may appoint any person who meets the criteria for appointment referred to in subsection (1), to act in that post. |
| (b) |
Whenever a post of state attorney is vacant or if a state attorney is for any reason absent or unable to perform his or her functions in terms of this Act, the Minister of Justice and Constitutional Development may, after consultation with the Solicitor-General, appoint any person who meets the criteria for appointment referred to in subsection (3), to act in that post. |
| (6) |
The Minister of Justice and Constitutional Development may delegate any power conferred on him or her under this section to the Solicitor-General. |
| (7) |
The creation, grading and classification of the post of Solicitor-General and all posts on the establishment of all offices of State Attorney and the remuneration and conditions of service of all persons occupying such posts, are determined by the laws governing the public service. |
(8)
| (a) |
The person holding office as State Attorney in charge of the office of the State Attorney in Pretoria and any person in charge of any branch of that office at the commencement of the State Attorney Amendment Act, 2014, is deemed to have been appointed as a State Attorney under this section. |
| (b) |
Any other person holding an appointment in the office of the State Attorney in Pretoria and any branch thereof at the commencement of the State Attorney Amendment Act, 2014, is deemed to have been appointed under this section. |
| (9) |
The Minister of Justice and Constitutional Development may require any person appointed in terms of subsection (3) or deemed to have been appointed under subsection (8), to exercise such powers and perform such functions as the Minister may determine, in addition to the exercise of their powers and performance of their functions in terms of this Act. |
| (10) |
Despite anything to the contrary in any law, practice or custom in force or prevailing in any part of the Republic, the Solicitor-General and any person holding an appointment in an office of State Attorney may, notwithstanding that he or she is an attorney, notary or conveyancer, receive a salary in respect of all services rendered or to be rendered by him or her under his or her appointment. |
[Section 2 substituted by section 2 of Act No. 13 of 2014]
Public Service Commission Act, 1997
