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LEGAL PRACTITIONERS ACT (CHAPTER 27:07)

 CHAPTER 27:07

LEGAL PRACTITIONERS ACT

Acts 15/1981, 32/1981, 14/1982, 15/1983, 31/1983, 10/1986, 29/1989, 23/1991, 22/1992(s. 15), 11/1996, 18/1996 (s. 26), 14/1999 (s. 23), 10/2000, 22/2001 (s. 4), 6/2005 (s. 32), 9/2006 (s. 32).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

  1. Short title.

PART II

REGISTER AND REGISTRATION

  1. Register of Legal Practitioners.
  2. Application for registration.
  3. Application for deletion from Register.
  4. Exemption certificate.

PART III

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNECTIONWITH PRACTICE

  1. Privileges of registered legal practitioners.
  2. Offences by unqualified persons.
  3. Prohibition against unqualified persons preparing certain instruments.
  4. Prohibition against practice by or in association with unqualified persons.
  5. Prohibition against practice without practising certificate. 12A. Pre-practice examinations and training.

PART IV

TRUSTACCOUNTS

  1. Opening of trust accounts.
  2. Books of account.
  3. Trust account moneys excluded from insolvency or attachment.
  4. Control of operation of trust account.
  5. Orders as to costs.
  6. Saving of liability of bank, etc., in relation to trust account.
  7. Limitation of set-off, etc., against trust account.
  8. Saving of set-off, etc., against trust account.
  9. Council of the Society may require certified balance of trust account.
  10. Offences in relation to trust accounts.

PART VI

CONTINGENCYFEE ARRANGEMENTS

22A Interpretation in Part IVA.

22B Legal practitioners may enter into contingency fee arrangements.

22C Form of contingency fee arrangement.

22D Non-disclosure of contingency fee arrangement.

22E       Maximum fees payable under contingency fee arrangement. 22F      Review of contingency fee arrangement or fee payable.

PART V

DISCIPLINE

  1. Unprofessional, dishonourable or unworthy conduct.
  2. Disciplinary Tribunal.
  3. Evidence of unprofessional, dishonourable or unworthy conduct from courts. 25A. Prohibition of operation of trust accounts.
  4. Council of the Society to refer cases to Disciplinary Tribunal. 26A Suspension from practice.
  5. Taking of evidence by Disciplinary Tribunal.
  6. Powers of Disciplinary Tribunal.
  7. Appeals from decisions of Disciplinary Tribunal.
  8. Suspension in insolvency.
  9. Registrar to make appropriate entry in Register and to publish order of Disciplinary Tribunal.
  10. Restoration to Register.

PART VI

COUNCIL FOR LEGAL EDUCATION

  1. Interpretation in Part VI.
  2. Council for Legal Education.
  3. Functions and powers of Council for Legal Education.
  4. Membership of Council for Legal Education.
  5. Disqualifications for membership of Council for Legal Education
  6. Terms and conditions of office of members of Council for Legal Education.
  7. Vacation of office by members of Council for Legal Education.
  8. Meetings and procedure of Council for Legal Education.
  9. Committees of Council for Legal Education.
  10. Minutes of proceedings of Council for Legal Education and committees.
  11. Secretary and other staff of Council for Legal Education.
  12. Funds of Council for Legal Education.
  13. Accounts of Council for Legal Education.
  14. Validity of decisions and acts of Council for Legal Education and committees.
  15. Execution of instruments by Council for Legal Education.
  16. Exemption from liability of Council for Legal Education or its members, employees or agents.
  17. Rules made by Council for Legal Education.

49A. Appeals against decisions of Council for Legal Education.

PART VII

LAW SOCIETY OF ZIMBABWE

  1. Interpretation in Part VII.
  2. Law Society of Zimbabwe.
  3. Membership of Society.
  4. Objects and powers.
  5. Constitution of Council of the Society.
  6. Management and control of Society by Council of the Society.
  7. Absence of councillor from Zimbabwe or failure to attend meetings of Council of the Society.
  8. Casual vacancies.
  9. Casual vacancy not to invalidate acts of Council of the Society.
  10. Representative of councillor to attend meetings of council.
  11. Annual general meetings.
  12. Special general meetings.
  13. Quorum at general meetings.
  14. Society may make by-laws.

PART VIII

LAW SOCIETY COMPENSATIONFUND

  1. Law Society Compensation Fund.
  2. Assets of Compensation Fund.
  3. Expenditure from Compensation Fund.
  4. Audit of Compensation Fund.
  5. Law Society Compensation Fund Trustees.
  6. Functions and powers of Board of Trustees.
  7. Compensation for loss through dishonesty of registered legal practitioners.
  8. Subrogation of Board of Trustees.
  9. Quorumof Council and Society in respect of business of Compensation Fund.

PART IX

PRACTISING CERTIFICATES

  1. Applications for practising certificates.
  2. Issue, renewal and refusal of practising certificates.
  3. Period of validity of practising certificates.
  4. Terms and conditions of practising certificates.
  5. Withdrawal of practising certificates.
  6. Appeals from decisions of Council of the Society.

PART X

GENERAL

  1. Existing practitioners to be registered as notaries public and conveyancers.
  2. Audit certificates.
  3. Right of State and certain parastatal employees to appear in court
  4. Non-recovery of fee.
  5. Special provisions relating to legal practitioner employed by State.
  6. Oaths of loyalty and of office.
  7. Regulatory power.

 

 

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Legal Practitioners Act [Chapter 27:07].

                       2    Interpretation

(1) In this Act—

bank” means a bank which is registered as a commercial bank in terms of the Banking Act [Chapter 24:01];

“Board of Trustees” means the Law Society Compensation Fund Trustees referred to in section sixty-eight;

“building society” means a building society which is registered in terms of the Building Societies Act [Chapter 24:02];

“by-laws” means by-laws made by the Society in terms of section sixty-three;

“Compensation Fund” means the Law Society Compensation Fund referred to in section sixty-four;

“Council for Legal Education” means the Council for Legal Education established in terms of section thirtyfour;

“Council of the Society” means the Council of the Society constituted in terms of section fifty-four;

“Disciplinary Tribunal” means the Disciplinary Tribunal established in terms of section twenty-four;

“fixed date” means the 22nd May, 1981;

“limited practising certificate” means a practising certificate issued in terms of subsection (4) of section seventy-five;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“practising certificate” means a practising certificate issued in terms of section seventy-five, and includes a limited practising certificate;

“reciprocating country” means a country declared to be a reciprocating country in terms of subsection (2);

“Register” means the Register of Legal Practitioners, Notaries Public and Conveyancers referred to in section three;

“registered” means registered in the Register;

“Registrar” means the Registrar of the High Court;

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