Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID AFRIKA Regulation Gazette No. 10177 Regulasiekoerant Vol. 644 1 February Februarie 2019 No. 42210 N.B. The Government Printing Works will not be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposes ISSN 1682-5843 9 771682 584003 AIDS HELPLINE: 0800-0123-22 Prevention is the cure 42210
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STAATSKOERANT, 1 FEBRUARIE 2019 No. 42210 3 IMPORTANT NOTICE: The GovernmenT PrinTinG Works Will not be held responsible for any errors ThaT might occur due To The submission of incomplete / incorrect / illegible copy. no future queries Will be handled in connection WiTh The above. Contents No. Gazette No. Page No. General Notices Algemene Kennisgewings Legal Practice Council 57 Legal Practice Act (28/2014), as amended: Amendment to Rule 21.11 of the Rules published under the Authority of Sections 95(1), 95(3) and 109(2) of the Act... 42210 4
Law Society of the Cape of Good Hope/ Wetsgenootskap van Kaap die Goeie Hoo 57 Legal Practice Act (28/2014), as amended: Amendment to Rule 21.11 of the Rules published under the Authority of Sections 95(1), 95(3) and 109(2) of the Act 42210 4 No. 42210 GOVERNMENT GAZETTE, 1 FEBRUARY 2019 General Notices Algemene Kennisgewings LEGAL PRACTICE COUNCIL NOTICE 57 OF 2019 TO ALL LEGAL PRACTITIONERS AND CANDIDATE LEGAL PRACTITIONERS AMENDMENT TO RULE 21.11 OF THE RULES PUBLISHED UNDER THE AUTHORITY OF SECTIONS 95(1), 95(3) AND 109(2) OF THE LEGAL PRACTICE ACT, 28 OF 2014 (AS AMENDED) Kindly take notice that the Legal Practice Council hereby publishes an amended Rule 21.11 of the Rules previously published under the authority of Sections 95(1), 95(3) and 109(2) of the Legal Practice Act, 28 of 2014 (as amended), on 20 July 2018 in Government Gazette No 41781. Rule 21 deals with the requirements for the examinations or assessments to be undertaken by persons wishing to be enrolled as legal practitioners. Kindly further take notice that the amendment to the Rules has been published in terms of Section 95(5) of the Legal Practice Act, 28 of 2014 (as amended) ( the Act ) without giving the notice provided for in Section 95(4)(a) of the Act. This has been necessitated by the fact that a number of persons wishing to be admitted and enrolled as attorneys have completed the full time practical training course presented by the School for Legal Practice, but are not entitled to present themselves for the competency-based examinations or assessments provided for in Section 26(1)(d) of the Act, read with Rule 21, because they are not eligible to do so under the provisions of the current Rule 21.11. Section 14(3)(d) of the Attorneys Act, 1979 (as amended), which has been repealed by the Act, would have entitled the Candidate Attorneys concerned to present themselves for the practical examinations, but in terms of the existing Rule 21.11 they are no longer eligible to write the examinations. They are accordingly prejudiced thereby. Any person who is aggrieved by the amendment of the Rules may make representations to the Council within a period of 30 days from the date of publication of this Notice. Signed at Pretoria on this 29 th day of January 2019. Ms Hlaleleni Kathleen Dlepu Chairperson: Legal Practice Council Executive Committee: Ms. Kathleen Matolo-Dlepu Chairperson, Adv Anthea Platt SC - Deputy Chairperson, Adv. Greg Harpur SC, Ms. Trudie Nichols, Mr Lutendo Sigogo, Mr Jan Stemmett, Adv. Phillip Zilwa SC, Executive Officer (acting): Ms. Charity Nzuza
STAATSKOERANT, 1 FEBRUARIE 2019 No. 42210 5 SOUTH AFRICAN LEGAL PRACTICE COUNCIL NOTICE IN TERMS OF SECTION 95(5) OF THE LEGAL PRACTICE ACT, 28 OF 2014 Notice is hereby given that the Council has amended the Rules of the Council made under the authority of sections 95(1), 95(3) and 109(2) of the Legal Practice Act, 28 of 2014 (as amended) in the following respects: by the deletion of Rule 21.11 and the substitution thereof with the following Rule: "21.11 An assessment referred to in rules 21.2 and 21.5 shall not be conducted in respect of any person unless that person - 21.11.1 has complied with the provisions of the Act in regard to practical vocational training; or 21.11.2 is undergoing practical vocational training and has so undergone practical vocational training for a continuous period of not less than six months; or 21.11.3 is, under the provisions of the Act, exempt from undergoing practical vocational training; or 21.11.4 only in the case of a person wishing to be admitted and enrolled as an attorney, has completed, to the satisfaction of the Council, a programme of structured coursework referred to in regulation 6(1)(b) of the regulations made under section 109(1)(a) of the Act". Any person who is aggrieved by the amendment of the Rules may make representations to the Council within a period of 30 days from the date of publication of this Notice.
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8 No. 42210 GOVERNMENT GAZETTE, 1 FEBRUARY 2019 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Contact Centre Tel: 012-748 6200. email: info.egazette@gpw.gov.za Publications: Tel: (012) 748 6053, 748 6061, 748 6065