Amendment to Legal Practice Act Regulations: Department briefing; SAPS, IPID and CSPS Budget Vote reports; Judges and Magistrates salaries

NCOP Security and Justice

02 June 2021
Chairperson: Ms S Shaikh (ANC, Limpopo)
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Meeting Summary

Video: Select Committee on Security and Justice, 02 June 2021

In a virtual meeting, the Committee was briefed by the Department of Justice and Constitutional Development on proposed amendments to the Legal Practice Act Regulations. The Committee also considered its Budget Vote Reports for the South African Police Service, the Independent Police Investigative Directorate and the Civilian Secretariat for Police Services. The Committee also adopted a report on the Determination of Remuneration for Judges and Magistrates that it had dealt with at its previous meeting.

The Committee was briefed on proposed amendments to the regulations governing the practical vocational training requirements for candidate legal practitioners. Members were told that the changes to Regulations 6 and 7 had been requested by the Legal Practice Council to deal with inequities in the training that had been identified as some of the major barriers to entry into the legal profession.

Before the Regulations could be published in the Government Gazette, the approval of Parliament was required. This essentially required a recommendation from the Committee as to whether the Regulations should be approved.

The new Regulations would provide for the time periods of vocational training by pupils. They would enhance access to training and allow for flexibility by providing that the pupils would have two options: 12 months’ practical vocational training plus 150 hours of structured course work during or after the practical vocational training; or 400 hours of structured course work before the practical vocational training, plus 12 months’ practical vocational training. The current requirement that an advocate could engage only one pupil at a time would be changed to allow two to be engaged. They would provide for a uniform programme of structured course work for candidate attorneys and pupils. They would provide for the Legal Practice Council to determine the course content and to determine whether it must be by face-to-face instruction, E-learning, digital learning or distance learning, or a combination of these. This would enhance access to training.

Members welcomed the proposals and asked for more context about the inequity in training that had been referred to in the briefing. They requested details on how the Regulations had been published for public comment and asked whether any substantive concerns were raised in the submissions made.

The Legal Practice Council responded that the Regulations were aimed at people coming from university and tertiary education institutions. The structured course work was more about trying to bridge the gap between the university and legal practice.

Meeting report

The Chairperson convened the virtual meeting and welcomed Members and the delegation from the Department of Justice and Constitutional Development.

The purpose of the meeting was for the Committee to be briefed by the Department of Justice and Constitutional Development on the Draft Amendment to the Regulations in terms of section 94(3) of the Legal Practice Act 28 of 2014. Another item on the agenda was for the Committee to consider and adopt its outstanding minutes for previous meetings, and to consider and adopt its Budget Vote Reports for the South African Police Service (SAPS), the Independent Police Investigative Directorate (IPID) and the Civilian Secretariat for Police Services (CSPS). The Committee was also scheduled to consider its report on the Determination of Remuneration for Judges and Magistrates that it dealt with in its last meeting.

The delegation from the Department of Justice and Constitutional Development consisted of Ms Wilma Louw, State Legal Advisor. A delegation from the Legal Practice Council consisted of Mr Clement Marumoagae, Chairperson of the Education Committee, and Ms Charity Nzuza, Chief Executive Officer.

Briefing on Draft Amendment to the Legal Practice Council Regulations

The Committee was briefed by Ms Louw on a Draft Amendment to the Regulations in terms of section 94(3) of the Legal Practice Act 28 of 2014.

Members heard that most of the sections of the Legal Practice Act came into operation with effect from 31 October 2018. The Legal Practice Council was established. The first Regulations in terms of the Legal Practice Act were published by Government Notice No. R. 921 of 31 August 2018.

Section 94(1)(i) of the Legal Practice Act provided for regulations on the practical vocational training requirements for candidate legal practitioners as contemplated in section 26(1)(c). Section 26 of the Legal Practice Act provided for the minimum qualifications and practical vocational training. Section 26(1)(a) and (b) provided for qualifications. Section 26(1)(c) required a candidate legal practitioner to satisfy all the practical vocational training requirements as prescribed by the Minister. “Prescribed” was defined in section 1 of the Legal Practice Act as “prescribed by regulation”. Any regulations made must, before publication in the Government Gazette, be tabled in Parliament by the Minister for approval.

The current Regulations
The Committee was told that Regulation 6 provided for the practical vocational training requirements of candidate attorneys. In terms of regulation 6(1) a candidate attorney must:

- Serve under a practical vocational training contract for 24 months and complete a programme of structured course work of not less than 150 hours, during or after service under a practical vocational training contract; or  - Serve under a practical vocational training contract for 12 months and complete a programme of structured course work of not less than 400 hours, prior to the registration of the practical vocational training contract.

Regulation 6(10) provided for the modules that the programme of structured course work must consist of.

Regulation 7 provided for the practical vocational training requirements of pupils. In terms of Regulation 7(1), a pupil must serve under a practical vocational training contract for 12 months; and complete a programme of structured course work of not less than 400 hours, prior to or during service under a practical vocational training contract. Regulation 7(9) provided for the modules that the programme of structured course work must comprise. 

The proposed amended Regulations

The Committee was told that the Legal Practice Council requested amendments to regulations 6 and 7. The challenge of securing necessary training as well as inequity in relation to the training itself had been identified as some of the major barriers to entry into the legal profession. The Legal Practice Council considered the differences between the attorneys’ profession and the advocates’ profession. A compulsory uniform Practical Vocational Training programme which must be completed by all candidate legal practitioners would be implemented. This programme had dedicated coursework, aimed at empowering candidate legal practitioners on different areas of the law, and a satisfactory standard of learning. The Legal Practice Council took into consideration the views of all the relevant stakeholders. The Legal Practice Council recognised the developments in the legal profession in relation to the same tertiary education law graduates were exposed to. There were an increasing number of attorneys who had the rights of appearance in superior courts.

The effect of the amended regulations would be to:

  • Align the periods of previous experience an attorney, of Legal Aid South Africa or a legal aid institution, must have with that of other attorneys, before they could take on a candidate attorney.
  • List the modules of course work of candidate attorneys.
  • Provide for the time periods of vocational training by pupils. The proposed amendment would enhance access to training and allow for flexibility by providing that the pupils would have two options: 12 months’ practical vocational training plus 150 hours of structured course work during or after the practical vocational training; or 400 hours of structured course work before the practical vocational training, plus 12 months’ practical vocational training.
  •  Effect a small amendment to the periods of previous experience an advocate, of Legal Aid South Africa or a legal aid institution, must have before they could engage a pupil. It aligned the required years of experience with that of other advocates.
  • Amend sub-regulations that currently provided that an advocate may engage only one pupil at a time. The new regulations would allow for two pupils. 
  • Provide for a uniform programme of structured course work. The structured course work of candidate attorneys and pupils would  be the same.
  • Provide for the Council to determine the course content. It might determine that it must be by face-to-face instruction, E-learning, digital learning and distance learning, or a combination of these. This would enhance access to training.

The Committee was told that comments were invited from the relevant stakeholders on the proposed amended Regulations. The Department of Justice and Constitutional Development was exempted from conducting a socio-economic impact assessment of the proposed amended Regulations.

Discussion:

The Chairperson thanked the delegation for the information presented to the Committee. She reminded Members that the Regulations presented to them dealt with the vocational training and education of attorneys and advocates as was tabled by the Minister of Justice in Parliament earlier in the year. Before the Regulations could be published in the Government Gazette, the approval of Parliament was required. This essentially required a recommendation from the Committee as to whether the Regulations should be approved.

Mr T Dodovu (ANC, North-West) welcomed the amendments and the proposals made by the Department of Justice and Constitutional Development. He asked for clarity on whether there will be any recognition of prior learning in the amended Regulations.

The Chairperson asked for more context about the inequity in training that was referred to in the briefing. She asked that Members be provided with details on how the Regulations were published for comment. Were there any substantive concerns raised in the submissions made in response to the call for public comment?

Responses

Mr Clement Marumoagae, Chairperson of the Education Committee at the Legal Practice Council, responded that it was important to understand in what kind of context prior learning could be recognised. The Regulations were aimed at people coming from university and tertiary education institutions. The prior learning that would be considered was the degree of the candidate, irrespective of their age. In relation to the structured coursework, it was more about trying to bridge the gap between the university and legal practice. The goal was to enable students to transition well from being students to becoming legal practitioners.

Ms Charity Nzuza, Chief Executive Officer of the Legal Practice Council, added that the call for public comment was published in the Government Gazette and circulated among legal practitioners. The proposed amendments were widely publicised, but only two comments were received from Legal Aid South Africa. There were no substantive comments submitted regarding the proposed Regulations.

The Chairperson thanked the officials for clarifying the matters to the Committee. The Committee would deliberate on the issues when it next meets and there would be a Committee report on the regulations.

Budget Vote Reports

The Committee considered its Budget Vote Reports for the SAPS, the IPID, and the CSPS. The Chairperson headed the read-through of the reports and followed the adoption process for each of them. They were all adopted.

Report of the Select Committee on Security and Justice on the Draft Notice on the Determination of Remuneration submitted in terms of section 2(3)(a) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001)

The report was considered and adopted.

The meeting was adjourned.

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