Admission of Advocates Act

1. Section 1 of the Admission of Advocates Act, 1964 (hereimifter referred to as the principal Act), is hereby amended_: . . (a) ' by the deletion of the definition of "matricuhltiori' examination"; (b) by the deletion of the definition of "Republic"; · (cY by the deletion of the definition of "special course"; and (d) by the deletion of the definition of "the territory": 10 Amendment of section 3 of Act 74 of 1964, as amended by section 1 of Act 73 of 1965; section 16 of Act 29 of 1974, section 1 of Act 39 of 1977, section 1 of Act 60 of 1984, section 1 of Act 17 of 1987 and section 2 of Act 106 of 1991

2. Section 3 of the principal Act is hereby amended- 15 (a) by the substitution for paragraph (a) of subsection (2) of the following paragraph: • · · "(a) Any person who- 20 . · (i) (aa) has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after completing a period of study of not less than five years for that degree; or (bb) . after he or she has satisfied all the requirements for the degree of bachelor other than the degree of baccalaureus legum, of any university in the Repub- GOVERNMENT GAZETIE, 2 DECEMBER 1994 No. 16132 5 ADMISSION OF ADVOCATES AMENDMENT ACf, 1994 Act No. 55, 1994 lie or after he or she has been admitted to the status of any such degree by any such university, has satisfied all the requirements for the degree of baccalaureus legum of any such university after completing a period of study for such degrees of not ·less than five years in the aggregate, and who has passed not less than one course in the Afrikaans language and not less than one course in the English language prescribed or recognized by such uni versity for a baccalaureus degree [and- (aaa) Latin in the higher grade required for the matric ulation examination; or (bbb) not less than one course in the Latin language which is equal, or superior, to the standard of a special course]; or (ii) has satisfied all the requirements for a degree or degrees of a university in a country which has been designated by the Minister, after consultation with the General Council of the Bar of South Africa, by notice in the Gazette, and in respect of which· a university in the Republic with· a faculty of law has certified that the syllabus and standard of instruction are equal or superior to those required for the degree of baccalaureus legum of a university in the Republic: Provided that- (aa) (bb) the syllabus for the said degree or one of the said degrees requires that the person· concerned shall pass not less than· one course in' the Afrikaans hinguage and not less than one course in the English language [and not less than one course in the Latin language]; or such person has passed not less than one course in the Afrikaans language and not less than one course in the English language prescribed or re cognized by a university in the Republic for a baccalaureus degree [and-· · ( aaa) Latin in the higher grade required for the matriculation examination; or · · (bbb) not less than one course· in Latin which is equal, or superior, to the standard of a special course];"; and · (b) by the substitution for paragraph (b) of subsection (3) of' the following paragraph: ' · · "(b) any person employed in the office of the State Attorney, or in any branch thereof, established under the State Attorney Act, 1957 (Act No. 56 of 1957) [or in the office of the State Attorney established under the State Attorney Proclamation, 1921 (Proclamation No. 46 of 1921), of South-West Africa].". 5 10 15 20 25 30 35 40 45 Amendment of section 7 of Act 74 of 1964, as amended by section 2 of Act 73 of 1965 and section 2 of Act 60 of 1984 50

3. Section 7 of the principal Act is hereby amended- ( a) by the deletion in subsection (1) of subparagraph (iii) of paragraph (a); and (b) by the substitution for subsection (2) of the following subsection: "(2) Subject to the provisions of any other law, an application under paragraph (a), (b), (c) or (d) of subsection (1) for the suspension of any person from practice as an advocate or for the striking off of the name of any person from the roll of advocates may be made by the General Council of the Bar of South Africa or · by the Bar Council or the Society of Advocates for the division which made the order for his or her admission to practise as an 55 60 GOVERNMENT GAZETI'E, 2 DECEMBER 1994 No. 16132 7 ADMISSION OF ADVOCATES AMENDMENT Acr; 1994 Act No. 55;1994 5 advocate or where such person usually practises as an advocate or is ordinarily resident, and, in the case of an application made to a division [other than the South-West Africa Division of the Supreme Court of South Africa] under paragraph (c) of subsection (1), also by the State Attorney referred to in the State Attorney Act, 1957 (Act No. 56 of 1957) [or, in the case of an application made to the last-mentioned division under the said paragraph, also by the State Attorney referred to in the State· Attorney Proclamation, 1921 (Proclamation No. 46 of 1921), of South-West Africa].".

10 Substitution of certain expressions in Act 74 of 1964

4. The principal· Act is hereby amended.;_ · . · 15 20 (a) by the substitution in sections '4(2), 7(5) and 8 for the expression '.'Secretary for Justice", wherever · it occurs, . of the expression "Director-general: Justice"; and · (b) by the substitution in section SA for the expression "State President" .. of the expression "President" · ' ' Repeal of section 12 ~fAct 74 ofl964

5. Section 12 of the principal Act is hereby repealed. Amendment of laws ·

6. The laws mentioned in the second column of the Schedule as in force, immediately prior to the commencement of the Constitution, in the various areas of the natiomll territory of the Republic shown in the fourth column of the Schedule, are hereby amended to the extent shown in the third column of the Schedule. · ·

7. Any application under section 2(2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or. any application under a similar provision of the laws of the former Transkei;· Bophuthatswana or Venda, for admission to practise as an advocate, made prior to the commencement of this Act, shall be 30 dealt with as if this Act had not been passed. Short title

8. This Act shall be . called the ·. Admission of Advocates Amendment Act, 1994. . . . GOVERNMENT GAZETfE, 2 DECEMBER 1994 No. 16132 9 ADMISSION OF ADVOCATES AMENDMENT ACT,-1994 Act No. 55, 1994 SCHEDULE LAWS AMENDED BY SECTION 6 Number and Short title year of law Extent of laws amended Area of national territory in respect of which laws are amended Act No. 74 of1964 (Transkei) Admission of Advocates Act, 1964 Amendment of section 3 by the deletion Transkei in subparagraphs (i) and (ii) of paragraph (a) of subsection (2) of the words "and not less than one course in the Latin language". Act No. 74 . Admission of of1964 (Bophutha- tswana) Advocates Act, 1964 Bophuthatswana Amendment of section 3- (a) by the substitution for subparagraphs- (i) and (ii) of paragraph (a) of subsection (2) of the following sub· ·paragraphs: "(i) . has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after pursuing a course of study for that degree of not less than five years, and who has passed not less than one course in the Afrikaans language and not less than one course in the English language [and not less than one course in the Latin language] as prescribed or recognized by such university for a baccalaureus degree; or . (ii) after he or she has satisfied all the requirements for a baccalau- reus degree other than the degree of baccalaureus legum, of any university in the Republic, or after he or she has been admitted to the status of any such degree by any such university, has satisfied all the requirements for the degree of baccalaureus legum of any such university after pursuing courses of study for such degrees of not less than five years in the aggre- gate, and who has passed not less than one course in the Afri· kaans language and not less than one course in the English language [and not less than one course in the Latin language] as prescribed or recognized by such university for a baccalaureus de- gree; or"; and (b) by the substitution for the proviso to subparagraph (iii) of paragraph (a) of subsection (2) of the following proviso: "Provided that- . (aa)" the syllabus for such a foreign degree or one of such foreign degrees requires that the person concerned shall pass not less than one course in the Afri· kaans language and not less than one course Trlthe English language [and not less than one course In the Latin language] ; or GOVERNMENTGAZETTE,2DECEMBER1~4 ADMISSION OF ADVOCATES AMENDMENT ACT, 1~4 Numba'and Short title year of law Extent or laws amended No:16132 11 Act No. 55, 1994 .. Area or national territory In respect of which laws are amended - - (bb) ··such person has passed not less than one course in the Afri- · kaans language and not less than one course in the English language [and not less than one course In the Latin language] as prescribed or recognized by a university in the Republic for a baccalaureus degree:". Act No. 74 of 1964 (Venda) Admission of Advocates Act, 1964 Venda (a) Amendment of section 1 by the - deletion of the definition of "special course". (b) Amendment of section 3- (i) by the substitution for'item (bb) of subparagraph (i) of paragraph (a) of subsection (2) ofthe fotlowing item: .. (bb) after he or she has satisfied all the requirements for the degree of bachelor other than the degree of bacca- laureus legum, of any uni- versity in the Republic or the Republic of South Africa or after he or she has been admitted to the status of any such degree by any such university, has satisfied all the require- ments for the degree of baccalaureus legum of any such university after com- pleting a period of study for such degrees of not less than five years in the ag- gregate, and who has passed not less than one course in the Afrikaans language and not less than one course in the English language prescribed or recognized by such univer- sity for a baccalaureus degree [and (aaa) Latin In the higher grade required for the matriculation examination; or (bbb) not less than one course In the Latin language which Is equal or superior, to the standard or a special course]; or"; and (ii) by the substitution for the proviso to subparagraph (ii) of paragraph (a) of subsection (2) of the follow- ing proviso: GOVERNMENT GAZETfE, 2 DECEMBER 1994 No. 16132 13 ADMISSION OF ADVOCATES AMENDMENT ACT, 1994 Act No. SS, 1994 Number and Short title year or law Extent or laws amended Area or national territory In respect or which laws are amended "Provided that- (aa) the syllabus for the said degree or one of the said degrees requires that the person concerned shall pass not less than one course in the Afrikaans language and not less than one courseiil the English language pre- scribed or recognized by a university in the Republic for a baccalaureus degree [and- (aaa) Latin In the higher grade required for the Matriculation examination; or (bbb) not less than one course In Latin which Is equal, or superior to the stan- dard or a special course].".