Rationalisation of Corporate Laws Act, 1996
R 385
State Attorney Act, 1957 (Act No. 56 of 1957)8. Employment of correspondents by State Attorney and matters incidental thereto |
| (1) | A State Attorney shall be entitled in the exercise of his or her functions aforesaid to instruct and employ as correspondent any attorney or other qualified person to act in any legal proceedings or matters in any place in the same way and, mutatis mutandis, subject to the same rules, terms and conditions as govern attorneys in private practice, and shall be entitled to receive and recover from such correspondent the same allowances as he of she would be entitled to do if he or she were an attorney in private practice. |
[Subsection (1) substituted by section 7(a) of Act No. 13 of 2014]
| (1)bis | Notwithstanding anything to the contrary in any law, the provisions of subsections (2), (3) and (4) of section six shall mutatis mutandis apply in respect of any legal proceedings or matters in which any such attorney or other person has been so instructed and employed. |
[Subsection (1) bis inserted by section 37(a) of Act No. 93 of 1962]
| (2) | Any allowances recovered shall be paid into the Consolidated Revenue Fund, and any such correspondent shall be entitled to accept such employment and make such allowances. |
| (3) |
| (a) | A State Attorney may delegate any power conferred upon him or her under this section to any person employed in an office of State Attorney. |
| (b) | A State Attorney is not divested of any power so delegated and may amend or set aside any decision made in the exercise of that power, subject to any rights that may have accrued to a person as a result of the decision. |
[Subsection (3) substituted by section 7(b) of Act No. 13 of 2014]
