Version as at 6 January 2009 : please check with our librarians (help@lawlibrary.co.za) if there have been any further amendments before relying on this

ATTORNEYS ACT 53 OF 1979

[ASSENTED TO 21 MAY 1979] [DATE OF COMMENCEMENT: 1 JUNE 1979]

(Afrikaans text signed by the State President)

as amended by

Attorneys Amendment Act 76/1980
Attorneys Amendment Act 116/1981

Attorneys Amendment Act 60/1982

Attorneys Amendment Act 56/1983

Second Attorneys Amendment Act 103/1983

Attorneys Amendment Act 108/1984

Attorneys Amendment Act 80/1985

Attorneys Amendment Act 87/1989

Attorneys Amendment Act 13/1990
Attorneys Amendment Act 102/1991
Attorneys Amendment Act 115/1993
General Law Third Amendment Act 129/1993
General Law Sixth Amendment Act 204/1993
Admission of Legal Practitioners Amendment Act 33/1995
General Law Amendment Act 49/1996
Judicial Matters Amendment Act 104/1996
Qualification of Legal Practitioners Amendment Act 78/1997
Attorneys and Matters relating to Rules of Court Amendment Act 115/1998
Judicial Matters Second Amendment Act 122/1998
Judicial Matters Amendment Act 62/2000
Judicial Matters Amendment Act 55/2002

also amended by

Magistrates' Courts Amendment Act 120/1993
[with effect from a date to be proclaimed]
Judicial Matters Second Amendment Act 55/2003
[with effect from a date to be proclaimed]
Judicial Matters Amendment Act 22/2005
[with effect from a date to be proclaimed]
Jurisdiction of Regional Courts Amendment Act 31/2008
[with effect from a date to be proclaimed]

Regulations under this Act

Regulations prohibiting the liquidation or distribution of estates of deceased persons by any person other than an attorney,notary, conveyance or law agent (R910 in GG 2080 of 22 May 1968)

ACT

To consolidate the laws relating to the admission and practice of attorneys, notaries and conveyancers; the Attorneys Fidelity Fund; and law societies established in respect of the profession of attorney, notary or conveyancer; and to provide for matters connected therewith.

[Long title substituted by s. 34 of Act 87 of 1989.]

ARRANGEMENT OF SECTIONS

Sections

1Definitions

CHAPTER I

2-24 Practitioners: Qualifications, Admission and Removal from Roll

CHAPTER II

25-55 Fidelity Fund

CHAPTER III

56-77 Law Societies

CHAPTER IV

78-87 General

1 Definitions

In this Act, unless the context otherwise indicates-

'advocate' means an advocate of the Supreme Court;

'appropriate legal experience' means any service which is related to the application of the law and which is prescribed by the Minister;

[Definition of 'appropriate legal experience' inserted by s. 1 (a) of Act 115 of 1993.]

'articled clerk' ......

[Definition of 'articled clerk' deleted by s. 1 (a) of Act 87 of 1989.]

'articles' or 'articles of clerkship' means any contract in writing under which any person is bound to serve an attorney for a specified period in accordance with this Act;

'attend' , for purposes of Chapter I, includes participation in a distance education course approved by the provincial law societies, and 'attended' and 'attending' have a corresponding meaning;

[Definition of 'attend' inserted by s. 17 (a) of Act 62 of 2000.]

'attorney' means any person duly admitted to practise as an attorney in any part of the Republic;

'banking institution' means a banking institution as defined in section 1 of the Banks Act, 1965 (Act 23 of 1965), and registered, otherwise than provisionally, or deemed to be registered as a banking institution in terms of section 4 of that Act;

'board of control' means the Attorneys Fidelity Fund Board of Control referred to in section 27;

[Definition of 'board of control' substituted by s. 1 (b) of Act 87 of 1989.]

'building society' means-

(a) a mutual building society as defined in section 1 of the Mutual Building Societies Act, 1965 (Act 24 of 1965), and finally registered or deemed to be registered as a permanent building society in terms of section 5 of that Act; or

(b) a building society as defined in section 1 of the Building Societies Act, 1986 (Act 82 of 1986), and finally registered as a building society in terms of section 18 of that Act;

[Definition of 'building society' substituted by s. 1 (c) of Act 87 of 1989.]

'candidate attorney' means any person bound to serve under articles of clerkship or to perform community service under a contract of service;

[Definition of 'candidate attorney' inserted by s. 1 (d) of Act 87 of 1989 and substituted by s. 1 (c) of Act 115 of 1993.]

'community service' means full-time service related to the application of the law and performed-

(a) at a law clinic in respect of which the council of the province in which that law clinic is operated, certifies that the law clinic concerned complies with the requirements prescribed by such council for the operation of such clinic; or

(b) on behalf of and under the control of the Legal Aid Board established under Section 2 the Legal Aid Act, 1969 ( Act 22/1969) and which is approved for this purpose by the Minister;

[Definition of 'community service' inserted by s. 1 (b) of Act 115 of 1993.]

'contract of service' means any contract in writing under which a candidate attorney who wishes to perform community service, is bound to serve a principal for a specified period in accordance with this Act;

[Definition of 'contract of service' inserted by s. 1 (d) of Act 115 of 1993.]

'conveyancer' means any person duly admitted to practise as a conveyancer within any part of the Republic;

'council' means the council of a society;

'court' means any court of a provincial division;

'fidelity fund certificate' means a certificate issued in terms of section 42;

'fund' means the Attorneys Fidelity Fund referred to in section 25;

[Definition of 'fund' substituted by s. 1 (e) of Act 87 of 1989.]

'law clinic' means-

(a) a centre for the practical legal education of students in the faculty of law at a university in the Republic; or

(b) a law centre controlled by, or which is, a non-profit making organization,

which, subject to section 79A, provides legal services to the public free of charge;

[Definition of 'law clinic' inserted by s. 1 of Act 102 of 1991 and substituted by s. 17 (b) of Act 62 of 2000.]

'Minister' means the Minister of Justice;

'notary' means any person duly admitted to practise as a notary in any part of the Republic;

'practise' means practise as an attorney or a notary or conveyancer, and 'practice' has a corresponding meaning;

'practitioner' means any attorney, notary o