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Attorneys Amendment Act, 1983 (No. 56 of 1983)
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.
Act
- to amend the Attorneys Act, 1979, so as
- to increase the amount payable in respect of a certificate which may be issued to certain articled clerks entitled to appear in certain courts;
- to further regulate the exemption of certain persons admitted as attorneys in certain countries or territories from satisfying the requirements for a certain degree; and
- to further regulate the power to make grants out of the Fidelity Guarantee Fund for Attorneys, Notaries and Conveyancers; and
- to provide for incidental matters.
(English text signed by the State President.)
(Assented to 4 May 1983.)
BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
Amendment of section 8 of Act 53 of 1979.
1. Section 8 of the Attorneys Act, 1979 (hereinafter referred to as the principal Act), is hereby amended by the substitution for subsection (3) of the following subsection:
"(3) The secretary, of the society concerned shall, upon the written application of the principal of any clerk referred to in subsection (1) and upon the payment of the amount of [R1,50] R10, issue to such clerk a certificate that he complies witii'iiie provisions of that subsection.".
Amendment of section 13 of Act 53 of 1979, as amended by section 2 of Act 76 of 1980 and section 1 of Act 60 of 1982.
2. Section 13 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:
"(b) shall [until a date determined by the Minister by notice in the Gazette, after consultation with the presidents of the various societies], if a university in South Africa which has a law faculty has certified that an examination which he has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of training, equivalent to or superior to the examination which is required for the degree mentioned in section 2 (1) (a) and which has been recognized by the Board.· for the Recognition of Examinations in Law established by section 16 of the Universities Act, 1955 (Act No. 61 of 1955), be exempted from [passing the examination referred to] satisfying the requirements for the degree mentioned in the said section 2 (1) (a) [provided, if he is required to do so, he passes such special examination as may be prescribed];".
Amendment of section 46 of Act 53 of 1979.
3. Section 46 of the principal Act is hereby amended by the substitution for paragraph (a) of the following paragraph:
"(a) make grants with the approval of the Minister on such conditions as the board of control may determine with such approval, to any [individual] person or any university established by an Act of Parliament or any university college established under the Extension of University Education Act, 1959 (Act No. 45 of 1959), for the purposes of-
(i) education or research in [law] the science of law or in legal practice;
(ii) education or research in; any related science or practice in so far as such education is given to a student of a law faculty at any university in South Africa or such research is done at any such university,
and may, with such approval, at any time when it deems fit, revoke such grant or any part thereof;".
Amendment of section 81 of Act 53 of 1979, as amended by section 5 of Act 76 of 1980.
4. Section 81 of the principal Act is hereby amended-
(a) by the substitution in subsection (1) for the words preceding paragraph (a) of tl,le following words: .
"(1) The Minister may after consultation with, except in the case of regulations made· under paragraph (f) or (g), [with] the Chief Justice of South Africa and after consultation with the presidents of the various societies [and, in the case of regulations made under paragraph (b), also after consultation with the various universities in South Africa ·which have law faculties and the Board for the Reeognition of Exain.inations in Law established by section 16 of the Universities Act, 1955 (Act No. 61 of 1955)] make regulations determining the following:"; and
(b) by the deletion of paragraph (b) of subsection (1).
Short title.
5. This Act shall be called the Attorneys Amendment Act, 1983.
Commencement
11 May 1983
