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Law Society of Zimbabwe Revised Guidelines on Marketing and Advertising for Legal Practitioners, 1996

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SI 2016-111 Legal Practitioners (Designated Legal Qualifications) Notice 2016

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SI 2015-37 - Law Society of Zimbabwe (Continuing Professional Development) By-Laws, 2015

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Legal Practitioners (General) Regulations, 1999
ARRANGEMENT OF REGULATIONS
1. Title.
2. Application for registration.
3. Registration.
4. Practical legal training after registration.
5. Trust accounts.
6. Protocols and registers.
7. Duplicate or corrected registration certificates.
8. Inspection of Register.
9. Notice of deletion from Register.
10. Repeals and savings.
SCHEDULES
First Schedule: Forms of Registration Certificate.
Second Schedule: Repeals.
IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs, in terms of
section 87 of the Legal Practitioners Act [Chapter 27:07] and after consultation with the Chief Justice
and the president of the Law Society of Zimbabwe, has made the following regulations:—
1. Title
These regulations may be cited as the Legal Practitioners (General) Regulations, 1999.
2. Application for registration
(1) Notice of intention to apply for registration as a legal practitioner, notary public or conveyancer shall be
given to the secretary of the Society not later than thirty days before the application is made, and such notice shall
be accompanied by copies of all documents referred to in paragraphs (a) to (d) of subsection (3), together with a
fee of fifty dollars, which shall be paid to the Society.
(2) An application for registration as a legal practitioner, notary public or conveyancer shall set forth the
grounds upon which the applicant relies for registration.
(3) An application referred to in subsection (2) shall be accompanied by—
(a) documentary evidence that the applicant possesses the qualifications for registration prescribed in rules
made by the Council for Legal Education in terms of section 49 of the Act; and
(b) where the applicant has been exempted by the Council for Legal Education from passing any
examination in terms of the Legal Practitioners (Council for Legal Education) Rules, 1992, documentary
evidence of such exemption; and
(c) the applicant’s birth certificate or, in default thereof, such other documentary proof as he can produce to
show that he is of, or above, the age of twenty-one years; and
(d) documentary evidence that the applicant satisfies the requirements of paragraphs (c), (e), (f) of
subsection (1) of section 5 of the Act; and
(e) a certificate from the secretary of the Society stating that the applicant has given the notice required by
subsection (1); and
(f) a fee of fifty dollars, which shall be payable to the Registrar.
(4) Upon the hearing of an application for registration, any registered legal practitioner may request the leave
of the High Court to appear as amicus curiae to oppose the granting of the application.
3. Registration
(1) Where the High Court grants an application for registration, the Registrar shall enter in the Register—
(a) the full name and address of the applicant; and
(b) the applicant’s qualifications for registration; and
(c) the date on which the application was granted; and
(d) the capacity, whether as a legal practitioner, notary public or conveyancer, in which the applicant is
registered.
(2) The certificate of registration issued to a person whose name is entered in the register shall be in the
appropriate form set out in the First Schedule.
4. Practical legal training after registration
(1) Subject to this section, a legal practitioner shall not commence to practise as a principal, whether on his
own account or in partnership or association with any other person, unless he has been employed as a legal
assistant for not less than thirty-six months after registration with a legal practitioner who has himself—
(a) been in practice in Zimbabwe for at least forty-eight months; and
(b) been approved by the Minister after consultation with the Council for Legal Education and the Council
of the Society.
(2) Subject to this section, on and after such date as the Minister may specify in the Gazette after consultation
with the Council for Legal Education, a legal practitioner shall not commence to practise as a principal, whether
on his own account or in partnership or association with any other person, unless, in addition to satisfying the
requirements of subsection (1)—
(a) he satisfies the Council for Legal Education that, while he was employed as a legal assistant as provided
in subsection (1), he attended a full course of seminars for continuous legal education that were
organized by the Council; and
(b) he has passed written examinations set by—
(i) the Council for Legal Education; or
(ii) the Council of the Society with the approval of the Council for Legal Education;
in the following subjects—
A. trust accounting; and
B. practice management and administration; and
C. ethics and professional conduct of legal practitioners; and
D. where applicable, any other subject specified by the Council for Legal Education in terms
of subsection (2).
(3) The Council for Legal Education, having regard to a legal practitioner’s ability or experience or any other
relevant factor, may—
(a) exempt him from attendance at any seminar and additionally, or alternatively, excuse his failure to
attend any seminar referred to in paragraph (a) of subsection (2);
(b) in special circumstances, specify that a legal practitioner shall pass one or more additional examinations
for the purpose of paragraph (b) of subsection (2).
(4) Subsection (1) shall not apply to a legal practitioner who—
(a) has been granted a residential exemption certificate in terms of section 7 of the Act, in respect of the
matter to which the certificate relates; or
(b) is normally resident in a reciprocating country and has been in practice as an advocate, barrister,
attorney or solicitor, or in a capacity equivalent to that of a legal practitioner in Zimbabwe, for at least
forty-eight months.
(5) Subsection (2) shall not apply to a legal practitioner who—
(a) has been granted a residential exemption certificate in terms of section 7 of the Act, in respect of the
matter to which the certificate relates; or
(b) was registered before the date specified by the Minister in terms of that subsection:
Provided that such a legal practitioner shall comply with any provisions of the Act or any
regulations made thereunder that were applicable to him when he was registered.
5. Trust accounts
(1) A trust account, kept by a legal practitioner in terms of subsection (2) of section 13 of the Act, shall be
such as to allow the withdrawal of funds therefrom on not more than seven days’ notice.
(2) A curator bonis appointed in terms of subsection (2) of section 16 of the Act to control and administer a
trust account may be vested with any one or more of the following rights, duties and powers—
(a) to take possession of all books, records and documents relating to the trust account;
(b) to advertise, in such manner as the Master of the High Court may direct, for the lodging of claims in
respect of the trust account;
(c) to record any claims in respect of the trust account lodged in response to any advertisement;
(d) to settle, in such manner as the Master of the High Court may direct or approve, the amount of any
claims in respect of the trust account;
(e) to bring or defend proceedings in any court arising out of any claim in respect of the trust account;
(f) to draw up and lodge with the Master of the High Court an account reflecting the assets and liabilities of
the trust account, and allocation of the assets to the persons who have claims in respect of the trust
account;
(g) subject to the directions of the Master of the High Court, to distribute the assets of the trust account
among the persons who have claims in respect of the trust account;
(h) to pay any balance in the trust account, after all claims have been satisfied, to such person as the Master
of the High Court may direct;
(i) to do such other things to ensure the proper distribution of the trust account as the Master of the High
Court may specify.
(3) A curator bonis appointed in terms of subsection (2) of section 16 of the Act to control and administer a
trust account may receive from the trust account such remuneration as the Master of the High Court may fix.
6. Protocols and registers
(1) Every notary public who effects any transaction pertaining to his practice as such shall record the
transaction in the appropriate protocol and register which he shall keep and maintain for the purpose.
(2) At least once in each calendar year, when required by the Council of the Society to do so, every notary
public practising as such in Zimbabwe shall submit to the secretary of the Society a certificate signed b y himself
to the effect that the protocol and register kept by him have been properly kept in accordance with the obligations
of a notary public.
(3) The Council of the Society shall have the right, without notice, and at all reasonable times, through its
duly authorised agents, to inspect the protocol and register of any notary public in Zimbabwe, for the purpose of
ascertaining whether or not the protocol and register are being properly kept in accordance with the obligations of
a notary public.
(4) The Council of the Society may give directions as to the disposal and custody of protocols and registers
of deceased or retired notaries public or of notaries public who have been struck off the register or suspended
from practice.
7. Duplicate or corrected registration certificates
(1) The Registrar shall, on payment of a fee of fifty dollars, issue to a registered legal practitioner, notary
public or conveyancer a duplicate copy of any certificate of registration issued by him to that legal practitioner,
notary public or conveyancer in terms of section 3 of the Act.
(2) A duplicate copy of a registration certificate issued in terms of subsection (1) shall be in the same form as
an original registration certificate, but shall bear the words “Duplicate copy” written prominently on its face.
(3) The Registrar may, on payment of a fee of fifty dollars and on being satisfied that the particulars specified
in the original are, or have become, incorrect, issue to a registered legal practitioner, notary public or conveyancer
a corrected copy of any certificate of registration issued by him to that legal practitioner, notary public or
conveyancer in terms of section 3 of the Act.
(4) The Registrar shall record in the Register the date on which he issues any duplicate or corrected copy of a
certificate of registration in terms of this section.
8. Inspection of Register
Any person may, during ordinary office hours, inspect the Register at the office of the Registrar, and may
make copies of any entry in it.
9. Notice of deletion from Register
A registered legal practitioner, notary public or conveyancer who applies in terms of subsection (1) of section
6 of the Act for the deletion of his name from the Register shall give not less than twenty-one days’ notice of the
application to the secretary of the Society.
10. Repeals and savings
(1) The regulations set out in the Second Schedule are repealed.
(2) Anything done or commenced in terms of the regulations set out in the Second Schedule shall, if it had
effect or was capable of acquiring effect immediately before the date of commencement of these regulations,
continue to have or to be capable of acquiring, as the case may be, the same effect on and after that date as if it
had been done or commenced, as the case may be, in terms of the equivalent provisions of these regulations

4.85 MB 1035 downloads

Legal Practitioners (Code of Conduct) By Laws, 2018

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The Law Society of Zimbabwe By-laws, 1982

 

ARRANGEMENT OF BY-LAWS
By-law
1. Title.
PART I
INTERPRETATION
2. Definitions.
3. Rules for Interpretation.
PART VII
LEGAL PRACTITIONERS
56. Register of legal practitioners to be kept.
57. Particulars of register.
58. Particulars to be provided by legal practitioners.
59. Penalties for failure to comply with by-law 58.
PART VIII
COMPLAINTS AND INVESTIGATIONS
60. Composition of disciplinary committee.
61. Complaints.
62. Action by disciplinary committee.
63. Action by Council.
64. Disqualification of councillors.
65. Powers of Council where its communications are ignored.
66. Legal assistant’s employer to be informed of any complaint or investigation.
67. Council’s right to apply for Disciplinary Tribunal inquiry without investigation.
67A. Duty of legal practitioners to notify Secretary of special orders of costs made against them.
PART IX
CHARGES AND COMMISSIONS FOR PROFESSIONAL SERVICES
68. Charges to be fair and reasonable.
69. Tariffs.
70. Commission on collection of debts.
PART IXA
BOOKKEEPING
70A. Interpretation in Part IXA.
70B. Monthly trust account balances.
70C. Balancing of books of account.
70D. Notification to Council of details re trust accounts.
70E. Accounting to clients.
70F. Deposits into and payments from trust accounts to be made promptly.
70G. Fees and disbursements to be debited promptly.
70H. Trust cheques.
70I. Trust shortfalls.
70J. Transfers from trust to other accounts.
PART IXB
PRACTISING CERTIFICATES
71A. Applications for practising certificates.
71B. Contributions.
71C. Audit certificate.
71D. Form of practising certificates.
PART X
MISCELLANEOUS
71. Office of the Society.
72. Staff.
73. Legal proceedings.
74. Use of Society’s property.
75. Power of Council to investigate a contravention of section 23(1)(i) of the Act.
76. Notices.
77. Interest on trust money.
78. Repeals (omitted)
FIRST SCHEDULE: Forms.
SECOND SCHEDULE: Repeals (Omitted)
IT is hereby notified that the Minister of Justice has, in terms of section 47 of the Legal Practitioners Act, 1981, approved the following by-laws adopted by a majority of members present at a general meeting of the Law Society of Zimbabwe:–
Title
1. These by-laws may be cited as the Law Society of Zimbabwe By-laws, 1982.
PART I
INTERPRETATION
Definitions
2. In these by-laws—
“auditor” means a person or firm appointed by the Society to act as its auditors for the time being, and includes any qualified representative of that person or firm;
“Compensation Fund” means the Law Society Compensation Fund referred to in section 48 of the Act;
“firm’s auditor” means an accountant registered in terms of the Accountants Act [Chapter 215] and engaged by a legal practitioner to provide an audit certificate referred to in section 71C;
[Definition inserted by by-law 2 of SI 24/1990]
“form” means the appropriate form set out in the First Schedule;
“legal assistant” means an articled clerk as defined in section 2 of the repealed Attorneys, Notaries and Conveyancers Act [Chapter 218] or [a] person who is undergoing, or has undergone, any practical training prescribed as a qualification for registration as a legal practitioner, but who has not yet been registered as a legal practitioner;
“legal practitioner” means a person duly registered in terms of the Act;
“president” means the president for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office;
“private practice” means the practice of law by a legal practitioner on his own account or in partnership with one or more legal practitioners or in the employ of a legal practitioner in private practice;
“Secretary” means the secretary or any assistant secretary for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office;
“vice-president” means the vice-president for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office.
Rules for interpretation
3.(1) In case of doubt as to the meaning of any of these by-laws, the interpretation of the Council shall be binding on all legal practitioners.
(2) The Council may decide and act as it may think proper in any matter not provided for in these by-laws.
(3) Where any duties are placed upon the president in terms of these by-laws, in the event of his absence or incapacity to act, the same shall be discharged by the vice-president or, should he also be absent or unable to act, by a councillor appointed by the Council.
…
PART VII
LEGAL PRACTITIONERS
Register of legal practitioners to be kept
56. A register of legal practitioners, in such form as may be determined by the Council, shall be kept by the Secretary at the office of the Society, in which shall be maintained, in the first part thereof, the hereinafter prescribed particulars of legal practitioners who are members of the Society, and

367.56 KB 3474 downloads

 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

3. Register of Legal Practitioners.
4. Application for registration.
6. Application for deletion from Register.
7. Exemption certificate.

PART III

PRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNECTIONWITH PRACTICE

8. Privileges of registered legal practitioners.
9. Offences by unqualified persons.
10. Prohibition against unqualified persons preparing certain instruments.
11. Prohibition against practice by or in association with unqualified persons.
12. Prohibition against practice without practising certificate. 12A. Pre-practice examinations and training.

PART IV

TRUSTACCOUNTS

13. Opening of trust accounts.
14. Books of account.
15. Trust account moneys excluded from insolvency or attachment.
16. Control of operation of trust account.
17. Orders as to costs.
18. Saving of liability of bank, etc., in relation to trust account.
19. Limitation of set-off, etc., against trust account.
20. Saving of set-off, etc., against trust account.
21. Council of the Society may require certified balance of trust account.
22. 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

23. Unprofessional, dishonourable or unworthy conduct.
24. Disciplinary Tribunal.
25. Evidence of unprofessional, dishonourable or unworthy conduct from courts. 25A. Prohibition of operation of trust accounts.
26. Council of the Society to refer cases to Disciplinary Tribunal. 26A Suspension from practice.
27. Taking of evidence by Disciplinary Tribunal.
28. Powers of Disciplinary Tribunal.
29. Appeals from decisions of Disciplinary Tribunal.
30. Suspension in insolvency.
31. Registrar to make appropriate entry in Register and to publish order of Disciplinary Tribunal.
32. Restoration to Register.

PART VI

COUNCIL FOR LEGAL EDUCATION

33. Interpretation in Part VI.
34. Council for Legal Education.
35. Functions and powers of Council for Legal Education.
36. Membership of Council for Legal Education.
37. Disqualifications for membership of Council for Legal Education
38. Terms and conditions of office of members of Council for Legal Education.
39. Vacation of office by members of Council for Legal Education.
40. Meetings and procedure of Council for Legal Education.
41. Committees of Council for Legal Education.
42. Minutes of proceedings of Council for Legal Education and committees.
43. Secretary and other staff of Council for Legal Education.
44. Funds of Council for Legal Education.
45. Accounts of Council for Legal Education.
46. Validity of decisions and acts of Council for Legal Education and committees.
47. Execution of instruments by Council for Legal Education.
48. Exemption from liability of Council for Legal Education or its members, employees or agents.
49. Rules made by Council for Legal Education.

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

PART VII

LAW SOCIETY OF ZIMBABWE

50. Interpretation in Part VII.
51. Law Society of Zimbabwe.
52. Membership of Society.
53. Objects and powers.
54. Constitution of Council of the Society.
55. Management and control of Society by Council of the Society.
56. Absence of councillor from Zimbabwe or failure to attend meetings of Council of the Society.
57. Casual vacancies.
58. Casual vacancy not to invalidate acts of Council of the Society.
59. Representative of councillor to attend meetings of council.
60. Annual general meetings.
61. Special general meetings.
62. Quorum at general meetings.
63. Society may make by-laws.

PART VIII

LAW SOCIETY COMPENSATIONFUND

64. Law Society Compensation Fund.
65. Assets of Compensation Fund.
66. Expenditure from Compensation Fund.
67. Audit of Compensation Fund.
68. Law Society Compensation Fund Trustees.
69. Functions and powers of Board of Trustees.
70. Compensation for loss through dishonesty of registered legal practitioners.
71. Subrogation of Board of Trustees.
72. Quorumof Council and Society in respect of business of Compensation Fund.

PART IX

PRACTISING CERTIFICATES

74. Applications for practising certificates.
75. Issue, renewal and refusal of practising certificates.
76. Period of validity of practising certificates.
77. Terms and conditions of practising certificates.
78. Withdrawal of practising certificates.
79. Appeals from decisions of Council of the Society.

PART X

GENERAL

80. Existing practitioners to be registered as notaries public and conveyancers.
81. Audit certificates.
82. Right of State and certain parastatal employees to appear in court
83. Non-recovery of fee.
85. Special provisions relating to legal practitioner employed by State.
86. Oaths of loyalty and of office.
87. 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;