I have perused the Legal Practice Bill briefly and was overcome by great anxiety. The causes of my concern as an admitted attorney in terms of the Attorneys Act of 1979, and now in the public service is as follows:

  1. A person prior to venturing into public service instead of private practice, ensured that they met the requirements of being classified as an attorney so that in the future they may return to private practice as they wished.
  2. This new Bill poses a threat to that in that it:
  1. Defines an attorney as a legal practitioner practising with a Fidelity Fund certificate. The move away from the definition of an attorney as being a person admitted in terms of the Attorneys Act and in the new law, and the focus on the element of practising sends shivers down my spine. Would it mean that a person such as myself who met the requirement of being admitted as an attorney but is not in practice is no longer an attorney.
  2. Further to my worry section 24(1) states “ A person may only practise as a legal practitioner if he or she is admitted and enrolled to practise as such in terms of this Act.” What about us who were admitted in terms of the Attorneys Act? Are we no longer attorneys? I believe the terms “Practice” and “practising” should be defined and the meaning distinguished when it means being a legal professional practising( as an employee) and being a legal professional owning a law-practice. Otherwise currently admitted attorneys cannot even be employed as professional assistants as our admission seems to be invalid
  3. Lastly, if the above concerns are misplaced, comfort would have been created somehow had there been mention of the Attorneys Act admissions in the sense that those admitted in terms of that Act are still considered attorneys. Also had there been mention in the Transitional Provisions, if the Attorneys Act admission is intended to be set aside, that the attorneys admitted in terms of the old Act are still considered admitted attorneys and that they have a period of 5 years to comply with this new Act failing which the old admission would be set aside. This would have at least brought comfort. However the anxiety is aggravated by the fact that there is hardly no mention and the Attorneys Act is then Repealed in its entirety.

Please address these concerns.( These are my personal views)

Miss Nosihle Gumbi

Legal Administration Officer

Ingonyama Trust Board

T: 033846 9906

F: 033386 2528

E:

A: 65 Trelawney Road, Southgate Pietermaritzburg, 3201