Legal Practice Act in practise

Justice and Correctional Services Minister Michael Masutha yesterday announced the opening of nominations for the election of the South African Legal Practice Council, in line with the Legal Practice Act 28 of 2014.

The implementation of the Act will bring into operation a single unified statutory Legal Practice Council that will regulate all legal practitioners, candidate legal practitioners and juristic entities for the first time in the history of South Africa, according to the department of justice.

“The Legal Practice Council which must, by law, be established by November 1, 2018, will exist as a national body with provincial structures throughout the nine provinces,” Masutha told journalists in Pretoria.

“The Legal Practice Council replaces the four statutory provincial law societies which have, to date, fulfilled the dual purpose of regulating and representing attorneys. Advocates and attorneys will now be regulated by the Legal Practice Council.

“Bar associations will no longer have the responsibility to regulate the profession. They can, however, continue to exist as voluntary associations to advance any nonstatutory interests of the profession.”

The Legal Practice Act requires that the council reflects the country’s gender and racial demographics in all its structures.

“This excludes racial representivity with respect to advocates as there are not enough advocates in all the provinces,” said Masutha.

The minister said the Legal Practice Council is “an important milestone” in the transformation of the legal profession in South Africa.

“Among other things, it will have the following benefits: the establishment of the community service through which aspirant and serving legal practitioners will be required to perform community service to increase access to justice; and the enhancement of the accountability arrangements of the legal profession through the establishment of the legal service ombud,” said Masutha. – ANA