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CONSTITUTION

OF

NATIONAL FORUM OF ADVOCATES

ARTICLE 1: NAME AND DEFINITIONS

SECTION 1:

The name of this Association is the National Forum of Advocates, a voluntary association of Advocates who prefer to practice law mainly in one or more of the following branches of law:

  • ARBITRATION

 

  • CIVIL LAW LITIGATION

1.2.1. DELICTS AND THE LAW OF CONTRACT

1.2.2. FAMILY LAW

1.2.3. GENERAL COMMERCIAL

1.2.4. MOTOR LAW

 

  • COMMISSIONS OF ENQUIRY

 

1.3.1. CIVIL CULPABILITY

1.3.2. CRIMINAL CULPABILITY

 

  • CONSTITUTIONAL AND ADMINISTRATIVE LAW

 

  • CRIMINAL LAW

 

1.5.1. BAIL APPLICATION

1.5.2. TRIALS

1.5.3. APPEALS

1.5.4. INQUESTS

 

  • FORENSIC LAW

 

  • LABOUR LAW

 

 

ARTICLE 1

SECTION 2: DEFINITIONS:

 

As used in this Constitution and its Bylaws and unless the context otherwise requires, the term-

  • “Advocates” means Advocates of the High Court of South Africa;

 

  • “Association” means the NATIONAL FORUM OF ADVOCATES as properly   constituted, incorporating the South African Criminal Law Bar Association;

 

  • “Bar Council” means the Bar Council of the Association for the time being in office;

 

  • “Branch” means any branch of the Association formed by Members and Associate Members;

 

  • “Code of Conduct” means the Code of Conduct, incorporating Rules of Ethics, Regulations and Bylaws of the Association;

 

  • “Constituent Bar” means a Bar Association affiliated to the General Council of the Bar of South Africa (herein referred to as the GCB);

 

  • “Department” means the Department of Justice for the Republic of South Africa;

 

  • “Division” means any Division of the High Court of South Africa;

 

  • “General Bar Council” means the General Council of the Bar of South Africa as constituted at Johannesburg on the 21st day of September 1946;

 

  • “General Meeting” means the annual General Meeting of the Association, and   includes Special General Meetings;

 

  • “Law Society” means any Law Society of Attorneys;

 

  • “Legal Aid Board”, a Statutory Body, means the Legal Aid Board of South Africa, including any and all of its branches and/or sub-divisions;

 

  • “Management Board” means the committee responsible for the day-to-day management of the Association and which is part of the Bar Council;

 

  • “Member” or “Members” means a Member or Members of the Association;

 

  • “Silk Committee” means a committee consisting of no more than five Senior Members appointed by the Bar Council.

 

 

ARTICLE 2: OBJECTIVES AND PURPOSE

 

The Objectives and Purpose of the Association shall be to:

  • Promote justice and the common good;

 

  • Maintain and respect the Rule of Law and Human Rights;

 

  • Protect and ensure by Rule of Law those individual rights guaranteed by the Constitution, and to resist, without fear, any efforts to curtail any such rights;

 

  • Co-ordinate and facilitate the practice of Members of the Association in such a way that it contributes to the aim that professional services of Advocates are available, accessible and affordable to the broader segments of our society;

 

  • Through its Members and through the enrolment of future Members reflect the diversity of the South African Society;

 

  • Maintain a high level of professional standards, norms and ethics expected of members, being Officers of the High Court of South Africa;

 

  • Protect the interests of the Association, its Members, Associate Members and Honorary Members in their professional capacity;

 

  • Supervise the conduct of its Members and Associate Members;

 

  • Consider and promote improvements in the teaching and practice of the law and in the administration of justice;

 

  • Collaborate with the GCB and its Constituent Bars, the recognized Law Societies of Attorneys of South Africa, the National Democratic Lawyers Association, the Black Lawyers Association and any other Law Association/s generally recognized by the legal profession;

 

  • Collaborate with the Department of Justice and all its structures/sub-structures;

 

  • Be the sole representative of the collective agreed upon and common interest of all its members.

ARTICLE 3: LEGAL STATUS, POWERS AND JURISDICTION

SECTION 1:

 

The Association is a non-governmental, non-political and non-profitable voluntary association of Practicing Advocates. The Association, a legal person, shall have perpetual succession and power to-

  1. serve as a coordinating body of Advocates in South Africa practicing in the fields of Law as afore stated;

 

  1. sue and be sued;

 

  1. make contracts;

 

  1. acquire, hold and dispose of, movable and immovable property as may be necessary for its corporate purpose;

 

  1. enter into lease agreements of equipment and such offices as may be necessary for the conduct of its affairs;

 

  1. accept gifts, legacies and devices/articles in furtherance of its corporate purpose;

 

  1. borrow money to carry out its corporate purpose, only in the event when it is absolutely necessary;

 

  1. open a current banking account including a trust account and savings account;

 

  1. make donations to any institution in furtherance of its corporate purpose;

 

  1. approve and revoke Membership of the Association;

 

  1. do any and all acts and things necessary to properly carry out the purpose and objectives of the Association;

 

  1. approve and/or amend a Constitution and Code of Conduct, which may never be in conflict with the Laws of South Africa.

 

The Association shall not promote the political aims, interests or candidacy of any person, party or organization.

 

 

ARTICLE 4: MEMBERSHIP

SECTION 1: MEMBERS – GENERAL PROVISIONS

 

  1. Any person who is duly enrolled as an Advocate of the High Court of South Africa and who normally practices or intends to practice as an Advocate in private practice and who does not practice otherwise that as an Advocate, and whose preference it is to practice in the fields of Law as above stated is eligible for Membership of the Association and shall be either a Senior or Junior Member, once his/her Membership is approved by the Bar Council. This is to be distinguished from the status of Senior Consultus(S.C.) which can only be conferred by the President of South Africa.

 

  1. A proviso for Membership is that any applicant who applies for Membership henceforth, must, prior to his/her application, have actively worked as one of the following categories of persons for the duration of time set out hereunder“vocational experience requirements”), and have convinced the selection panel referred to in Subsection 1.3 of this Section of his/her eligibility in terms of that Subsection to become a Member, exceptthat Advocates who have successfully completed pupillage in terms of the requirements of a system of pupillageand/or other system of practical vocational training presented by, or recognized by the Bar Council of the National Forum of Advocates, including the Code of Conduct, Rules of Ethics and Practice Rules applicable to practicing Advocates of the High Court of South Africa, may be admitted as members of the National Forum of Advocates notwithstanding the fact that they have not met these vocational experience requirements:

 

  1. For a total of at least 12 (twelve) months as one or more of the following:

 

  1. an Advocate affiliated to any Constituent Bar;

 

  1. a State Advocate;

 

  1. a Regional Court Magistrate;

 

  1. an Attorney;

 

  1. a Professor or Senior Lecturer, lecturing any one of the branches  of law stated above, at any recognized tertiary Law School in South Africa.

 

 

 

 

  1. For a total of at least 24 (twenty four) months as one or more of the following:

 

  1. an Advocate not affiliated to any Constituent Bar;

 

  1. a Regional Court Prosecutor;

 

  1. a District Court Prosecutor;

 

  1. a District Court Magistrate;

 

  1. a Labour Consultant;

 

  1. a Public Defender;

 

  1. a Legal Adviser.

 

  1. A Candidate attorney.

 

  1. A selection panel consisting of at least three (3) Senior Members, appointed by the Bar Council, are to scrutinize all applications of Membership to establish whether the applicants are fit and proper persons to be admitted as Members and furnish the Bar Council with relevant recommendations. In respect of the vocational experience criteria set out in Subsection 1.2 of this Section above, the selection panel shallhave the discretion to consider and approve an application of a person fulfilling a combination of the provisions stipulated in paragraph 1.2.1 and 1.2.2 above, subject to the proviso that the total combined period for which the applicant shall have worked in the categories stipulated in 1.2.1 and 1.2.2 above, shall not be less than 24 (twenty four) months.

 

 

ARTICLE 4

SECTION 2: SENIOR MEMBERS

 

  1. Any member who has been admitted as an Advocate for ten years or longer shall be a Senior Member, irrespective whether such person has taken Silk, or not.

 

  1. Senior Members who have distinguished themselves in the practice as an Advocate may apply to take Silk. The criteria by which applications for Silk are judged, and the procedure to be followed in applications for Silk shall be as set out in the Directives of the Association in this regard.

 

 

ARTICLE 4

SECTION 3: JUNIOR MEMBERS

 

Any member who has practiced for less than ten years shall be a Junior Member.

 

ARTICLE 4

SECTION 4: RIGHTS OF MEMBERSHIP

 

  1. No Advocate applying for Membership shall have any automatic or inherent right to Membership of the Association.

 

  1. In order to be admitted as a Member, the applicant must possess the qualifications, qualities and skills necessary to practice successfully in the fields of Law as stated above.

 

  1. The discretion and decision of the Bar Council in any application for Membership shall be final. No reason for refusal shall be given.

 

  1. Before any Branch Member enrolls any Member, the prior approval of the Bar Council must be obtained.

 

 

ARTICLE 4

SECTION 5: ASSOCIATE MEMBERS

 

  1. Any person admitted as an Advocate of the High Court of South Africa and/or High Court of any other Commonwealth country, except an advocate in full-time employment in terms of the National Prosecuting Authority Act (of South Africa) shall be eligible for Associate Membership of the Association, provided that the person –

 

  1. applies in writing for such Membership in the prescribed form;

 

  1.  is accepted as an Associate Member by the Bar Council; and

 

  1. pays his/her prescribed financial contribution as determined by the Bar    Council.

 

 

  1. Associate Members shall at all General Meetings of the Association have a voice, but only one vote pertaining to those matters of direct concern and relevance to Associate Members.

 

  1. Associate Members, who are duly qualified to become Members, may practice part-time as Advocates, subject however, to the Code of Conduct of the Association, and subject to them taking chambers in accordance with the requirements set by the Association.

 

 

ARTICLE 4

SECTION 6: HONORARY MEMBERS

 

  1. The Bar Council may elect Honorary Members, being persons who have achieved distinction in the practice of Law and/or in the administration of Justice.

 

  1. The founder Members of the South African Criminal Law Bar Association, now incorporated herein, shall automatically become Honorary Life members of the Association, and will have the right to attend any meeting/s of the Bar Council, with a voice but not a vote.

 

  1. Honorary Members shall at any General Meeting of the Association have a voice but no vote, and neither shall Honorary Membership confer any rights or obligations on such Honorary Members under this Constitution.

 

  1. Honorary Members, who are duly qualified to become Members, may practice part-time as Advocates, subject however, to the Code of Conduct of the Association, and subject to them taking chambers in accordance with the requirements set by the Association.

 

 

 

 

 

ARTICLE 4

SECTION 7: ENROLMENT AND CESSATION OF MEMBERSHIP

 

  1. Subject to the provisions above, every Advocate who –

 

  1. has complied with the requirements of the Association relating to the practical training of Advocates; and

 

  1. is prepared to accept this Constitution and the obligations imposed therein as binding on him/her,

 

may make application for Membership of the Association, in writing to the Secretary of the Association, who shall submit the application to the next meeting of the Bar Council. In the event of the Bar Council being of the opinion that the applicant possesses the necessary qualifications and is of good character, the Bar Council shall authorize his/her admission to Membership of the Association and the Secretary shall forthwith notify the applicant that he/she may become a Member subject to his/her making the payments as set out in Section 2 of Article 8. On complying with such notification the applicant shall become a Member.

 

  1. Membership of the Association shall cease –

 

  1. upon resignation duly accepted by the Bar Council;

 

  1. upon expulsion in a manner prescribed by this Constitution or the Code of Conduct;

 

  1. if the Bar Council so decides on the ground that the Member is no longer an Advocate who normally practices as such;

 

  1. if the Bar Council decides that the member has lost the necessary qualification for Membership prescribed in the Constitution;

 

provided that in case of 7.2.3 and 7.2.4 the relevant Member shall have the same right of appeal, mutatis mutandis, as in the case of expulsion, and provided further that cessation of Membership shall in no way affect the Member’s liability for amounts owing to the Association or for any actions or conduct during his Membership.

 

ARTICLE 4

SECTION 8: ENROLMENT AND CESSATION OF ASSOCIATE MEMBERSHIP AND HONORARY MEMBERSHIP

 

  1. The procedure of enrolment of Associate Members and Honorary Members shall be the same as in the case of Members.

 

  1.  Associate Membership and Honorary Membership of the Association shall cease on the same basis as is applicable to cessation and expulsion of Members.

 

ARTICLE 5: BAR COUNCIL

SECTION 1: COMPOSITION

 

  1. The property and management of the affairs of the Association shall be vested in a Bar Council consisting of eight Members elected by the Annual General Meeting, and the Chairpersons mentioned in 1.2 below;

 

  1. The Chairperson of any hereinafter formed Branch, if not already elected on the Bar Council, shall ex-officio become a member of the Bar Council, with vote.

 

  1. The Bar Council may annually appoint three (3) Associate Members and/or Honorary Members as co-opted members of the Bar Council, with voice but no vote.

 

  1. The Bar Council shall be deemed to be fully constituted notwithstanding any vacancy in the number of its Members.

 

 

ARTICLE 5

SECTION 2: ELECTIONS

 

The election of members of the Bar Council shall take place in the following manner:

  1. Not less than twenty one (21) days before the date of the Annual General Meeting, the Secretary shall by notice to the Members call for nominations which shall be handed in to the Secretary not less than fourteen (14) days before the said meeting.

 

  1. Nominations shall be in writing and shall be signed by one proposer and one seconder, and no nomination shall be accepted by the Secretary unless consent to his/her nomination is signified in writing and signed by the nominee.

 

  1. Not less than seven (7) days before the Annual General Meeting, the Secretary shall publish a list of Members whose nominations have been accepted.

 

  1. Notwithstanding any such nominations and consent, any person nominated, shall be entitled to withdraw his candidature at any time more than five (5) days before the Annual General Meeting.

 

  1. If at the close of the nominations as provided for in sub-clause 2.1 there are no more nominations than the number to be elected, there shall be no ballot. At the Annual General Meeting the Chairperson of the meeting shall forthwith declare the nominees to be duly elected. Thereupon the Chairperson shall, if there are vacancies, call for further nominations from the floor for the seat/s still vacant. Voting for that seat/those seats shall be by ballot paper.

 

  1. If at the Annual General Meeting there are more nominations than the number to be elected, a ballot by ballot paper shall be conducted to elect the required number.

 

 

ARTICLE 5

SECTION 3: OFFICE BEARERS

 

  1. The Annual General Meeting shall, immediately after the election of the eight (8) members of the Bar Council, elect the President of the Association from the eight (8) elected members of the Bar Council.

 

  1. No member may be nominated and elected as President to serve more than two (2) consecutive years as President of the Association. The Bar Council at its first meeting, after election, shall elect from the elected Members a Deputy-President for the ensuing year and may from time-to-time fill any casual vacancy in such office.

 

  1. In the event of the death or resignation of any member of the Bar Council, the Bar Council may appoint someone to serve as member until the next annual election. In the event of incapacity or absence of any member of the Bar Council, the Bar Council may appoint someone to serve as a member during such incapacity or absence.

 

  1. The incoming Bar Council shall out of its elected members elect a Secretary for the ensuing year to attend to the affairs of the Association. Vacancies occurring during the year shall be filled by the Bar Council. The Bar Council may appoint such other officials, including an Assistant Secretary, as it may from time-to-time consider necessary, and on such terms as it may decide.

 

  1. The members of the Bar Council shall retire annually on the completion of the election of the incoming Bar Council. All members of the present Bar Council shall be eligible for re-election.

 

 

ARTICLE 5

SECTION 4: POWERS OF THE BAR COUNCIL

 

  1. The Bar Council shall, subject to any decisions made and any directions that may be given to it by the Association in a General Meeting, have the following powers and duties:

 

  1. to draft a Code of Conduct applicable to all Members and Associate Members of the Association;

 

  1. to frame such Regulations and file such Rulings as are necessary in its opinion for giving effect to the provisions of this Constitution;

 

  1. to frame such Rules and to give such Rulings relating to the Members in their professional capacity as it from time-to-time may deem advisable, and in particular to specify the books or records which shall be kept by Members in respect of their professional activities;

 

  1. to represent the Members of the Association in any matter of general concern to the Association, to exercise control over all Members in matters affecting their professional status, rights, privileges and conduct and, subject to the provisions of this Constitution, take such action as it deems fit;

 

  1. to draw up guidelines for fees for Members;

 

  1. to hear and settle disputes between Members and other persons as to fees due to any Member or as to any other matter affecting their professional relations;

 

  1. to maintain a list of defaulting Attorneys and to prescribe sanctions in regard to such Attorneys in their relationship with Members of the Association;

 

  1. to regulate and control the finances of the Association;

 

  1. to submit any matter for decision or opinion to the General Meeting;

 

  1. to make contracts on behalf of the Association in regard to the Association’s affairs and property;

 

  1. to appoint sub-committees from Members to assist the Bar Council in carrying out the objectives of the Association;

 

  1. to establish and maintain a Bar Benevolent Fund and Sick Benefit Fund for the purpose of assisting Members and ex-Members of the Association and members of their families and employees and ex-employees of the Association who, in its opinion, are in need of financial assistance and ought to receive assistance from such funds;

 

  1. subject to the provisions of this Constitution, to maintain discipline among Members and to prescribe and enforce sanctions for breaches of discipline;

 

  1. to decide whether a person has the necessary qualifications prescribed by this Constitution for admission as a Member;

 

  1. to represent the Association in Court and in legal proceedings in so far as may be permitted by law in regard to any matter affecting the Association, and any Member of the Association;

 

  1. to establish and maintain an Entertainment Fund to which all Members shall contribute an amount to be agreed upon per month;

 

  1. to do all such other things as may, in its opinion, further the objectives and purpose of the Association, or are necessary for or incidental to the carrying out of those objectives and purpose of the powers mentioned above in Article 3.

 

  1. Nothing in the above clauses shall be deemed to override the power of the Association in General Meetings to exercise any of the functions of the Bar Council or to take any action it may think fit within the scope of the Constitution.

 

  1. No Member, or the Bar Council or any Member of the Association to whom the Bar Council has delegated any of its functions, shall be liable in damages or otherwise for any loss, damage or misfortune whatsoever which shall happen in the execution of such functions, or in relation thereto or arising therefrom, and every such Member of the Bar Council, Secretary, assistant Secretary, and Member of the Association shall be indemnified out of the funds of the Association against all liability, loss or expense incurred by him as such.

 

 

ARTICLE 5

SECTION 5: SUB-COMMITTEES

 

The Bar Council may delegate any of its functions to a sub-committee of not less than two of the Members and such Council may at any time terminate or modify such delegation.

 

ARTICLE 5

SECTION 6: MEETINGS OF THE BAR COUNCIL

 

  1. The Bar Council shall meet from time-to-time as it may decide. The President, or in his absence, the Deputy-President, or in his absence the most Senior Member present shall preside. The quorum for all meetings shall be five (5), and the Chairperson shall have a deliberative as well as a casting vote;

 

  1. Minutes of all meetings shall be kept but such minutes shall not be available for inspection by Members or Associated Members, except with the consent of the Bar Council;

 

  1. Only Members may be nominated and be elected as members of the Bar Council, and subsequently only members of the Association may vote for the election of members of the Bar Council.

 

ARTICLE 5

SECTION 7: MANAGEMENT BOARD

 

  1. The Management Board of the Bar Council shall be the President, Deputy-President, Secretary, and three (3) members of the Bar Council. Further Members of the Bar Council may be co-opted by the President;

 

  1. The function of the Management Board shall be to attend to day-to-day functions of the Association and which requires prompt attention and which can not be postponed to the next convened Bar Council meeting;

 

  1. All decisions taken by the Management Board must be submitted for approval to the next meeting of the Bar Council;

 

  1. The Management Board shall be elected by the Bar Council.

 

 

ARTICLE 6: DISCIPLINE

SECTION 1: ENQUIRY INTO PROFESSIONAL CONDUCT

 

  1. The Bar Council shall enquire into the professional conduct of any Member or Associate Member, whenever it is in the opinion of the Bar Council desirable to do so. The Bar Council may delegate the aforesaid functions to any one or more members of the Association whether or not such members are members of the Bar Council. The Member or Members to whom the functions have been delegated shall be obliged to report the results of such enquiry and any recommendations which may be made to the Bar Council;

 

  1. The procedure to be followed in such an enquiry shall, in each case, be determined by the Bar Council or the Member or Members conducting the enquiry, in accordance with the nature of the matter to be investigated;

 

  1. If the Bar Council, having conducted an inquiry into the professional conduct of a Member or Associate Member, or having received a report from the Member or Members to whom its functions in that regard were delegated, decides that the Member or Associate Member has been guilty of conduct which in its opinion is professional misconduct, it may admonish, suspend or expel such Member or Associate Member provided that no Member or Associate Member shall be suspended or expelled unless not less than five (5) members of the Bar Council have voted in favor thereof.

 

 

ARTICLE 6

SECTION 2: DISQUALIFICATION TO TAKE PART IN ENQUIRY

 

  1. No Member shall be disqualified from taking part in such enquiry or decision referred to in Section 1 by reason merely of the fact that he has received information otherwise than in the course of the investigation, about any matter forming the subject matter of the investigation;

 

  1. It shall be the duty of every Member or Associate Member to furnish to the Bar Council or a Member of Members to whom the functions have been delegated under Section 1.1 hereof, all such information as he may be called upon to furnish and to produce to the Bar Council or such Member or Members all such books, documents or other records as he may be called upon to produce;

 

  1. No Member or Associate Member shall be relieved of his obligations under Section 2.2 hereof, by reason of the fact that the information, books, documents or records called for will or may relate to his/her misconduct in respect of which no charge has yet been formulated.

 

 

ARTICLE 6

SECTION 3: RIGHT TO APPEAL

 

  1. Any Member or Associate Member against whom any decision has been made by the Bar Council in terms of the preceding clauses and with the leave of the Bar Council any other person interested in such decision, may, by notice in writing to the Secretary within seven (7) days after notification of such decision, appeal against the decision to the Special General Meeting of Members to be convened within thirty (30) days after the noting of such appeal;

 

  1. Thereafter the Special General Meeting shall proceed to determine the appeal. The decision of the Special General Meeting, by majority vote, shall be final and binding.

 

 

ARTICLE 7: MEETINGS OF MEMBERS

SECTION 1: GENERAL MEETINGS

 

A General Meeting of Members of the Association shall be held once a year during the period February to April on such date as the Bar Council shall decide, such meeting being the Annual General Meeting.

 

ARTICLE 7

SECTION 2: SPECIAL GENERAL MEETINGS

 

Special General Meetings shall be held:

  1. when so ordered by the Bar Council;

 

  1. on a requisition signed by not less than ten (10) Members and handed in to the Secretary stating the purpose for which the meeting is required, on a date to be fixed by the Bar Council;

 

  1. whenever necessary to deal with appeals as referred to in Article 6, Section 3.1 above.

 

 

ARTICLE 7

SECTION 3: QUOROM AND RIGHT TO VOTE

 

  1. At all General Meetings every Member shall be entitled to vote, and the President, or in his absence the Deputy-President, or in his absence the most Senior Member present shall preside and have a deliberative and casting vote. The quorum shall be ten (10) Members present;

 

  1. If, within half an hour after the time appointed for meeting, the quorum is not present, the meeting, if convened upon the requisition of Members, shall be deemed duly constituted and proceed;

 

  1. Any Member in good standing with the Association, and whose chambers are situated further than 100 kilometers from the headquarters of the Association, shall be entitled to vote by proxy duly signed by himself and in which he nominates the Member who may vote on his behalf. Such proxies shall be delivered to the chairperson of the meeting at the commencement thereof.

 

ARTICLE 7

SECTION 4: AGENDA OF MEETINGS

 

  1. The business of any meeting shall be such business as is specially mentioned in the notice convening the meeting and such other business as the President may allow having regard to the notice convening the meeting;

 

  1. At least seven (7) days’ clear notice shall be given of every meeting of Members provided that in cases of urgency and if the matter to be considered is not a proposed amendment to this Constitution, shorter notice may be given subject to the approval of two Members of the Bar Council. All such notices shall be in writing or print, and shall be sent to every Member, provided that no action of the meeting shall be invalidated by the mere fact that such notice has not been received by any Member.

 

ARTICLE 8: FINANCE

SECTION 1: BAR COUNCIL’S STANDING

 

  1. The property and funds of the Association shall be vested in the Bar Council which shall be capable of suing and being sued on behalf of the Association in the name of the Association;

 

  1. The Secretary of the Association for the time being shall accept service of process, and when authorized thereto by the Bar Council, sign all necessary papers for that purpose.

 

ARTICLE 8

SECTION 2: MEMBERS’ AND ASSOCIATE MEMBERS’ CONTRIBUTION

 

Each Member and Associate Member shall be liable to pay in such amounts as the Bar Council may fix:

  1. an entrance fee on joining the Association; and

 

  1. an annual subscription by way of 12 equal monthly instalments payable on or before the 7th of each month;

 

  1. contributions to the Bar Benevolent Fund as and when required by the Bar Council.

 

 

ARTICLE 8

SECTION 3: BANKING ACCOUNT

 

The Secretary shall open and maintain a banking account in the name of the Association in such bank as the Bar Council shall determine, which shall also decide how the banking account shall be operated upon.

 

ARTICLE 9: GENERAL

SECTION 1: CHAMBERS

 

  1. All Members are compelled to practice from Chambers, such Chambers to be approved by the Bar Council;

 

  1. Chambers, as far as possible, shall be located in the same complex/building;

 

  1. Chambers are to be established in close proximity to the various seats of the High Court, or at such other major cities as may, on application, be approved by the Bar Council. Each such application is to be treated on its own merits.

 

ARTICLE 9

SECTION 2: MATTERS AFFECTING THE BAR AND MEMBERS

 

Any matter affecting the Bar or any Member, Honorary Member or Associate Member may be brought before the Bar Council in writing by any person, and the Bar Council may, subject to the provisions of this Constitution, take such action thereon as it shall deem fit.

 

ARTICLE 9

SECTION 3: ANNUAL REPORT

 

Not less than seven (7) days before the Annual General Meeting, the Bar Council shall present to the Members a report dealing with matters affecting the Bar, the financial position of the Association and generally the activities of the Bar Council during the year. A copy of such report shall be sent by the Secretary to each Member.

 

ARTICLE 9

SECTION 4: NOTICES TO MEMBERS

 

All notices of the Association sent to Member’s Chambers shall be deemed to have been duly sent for the purpose of this Constitution.

 

ARTICLE 9

SECTION 5: AMENDMENTS TO CONSTITUTION

 

This Constitution may be amended by a decision of the Association at a General Meeting duly convened in terms of this Constitution, supported by a minimum of sixty (60) percent of Members present and after twenty one (21) days prior notice of such proposed amendment has been given to the Secretary of the Association in writing.

ARTICLE 9

SECTION 6: CODE OF CONDUCT

 

  1. The Code of Conduct, incorporating all Rules of Ethics, Bye-laws, Regulations, Bar Council Rulings and Instructions binding under the Constitution of the Association shall mutatis mutandis remain in operation and binding on all Members, Associate Members and Honorary Members until rescinded in terms of this Constitution;

 

  1. TheEthical and Professional Rules, currently applied by the GCB, shall serve as guidelinesuntil the date when the Code of Conduct prescribed by the Legal Practice Council commences, from which date of commencement the said prescribed Code of Conduct shall be the domestic Code of Conduct of the National Forum of Advocates .

 

  1. It shall at all times be expected of all Members, Associate Members and Honorary Members to act and carry out their professional duties and obligations in a manner befitting Advocates of the High Court of South Africa, and in accordance with the laws of South Africa.

 

 

ARTICLE 9

SECTION 7: PROFITS

 

Any profits or gains made by the Association shall be used by the Association solely for investment or for the attainment of its objectives herein before set out, and no part of such profits or gains shall be distributed to Members or any other person.

 

ARTICLE 9

SECTION 8: BRANCHES

 

  1. Branches of the Association may, subject to the approval of the Bar Council, be formed in any Division or area within the Republic of South Africa;

 

  1. Each Branch may formulate its own house rules;

 

  1. The Chairperson of each Branch shall be co-opted onto the Bar Council, as afore stated;

 

  1. Each Branch shall fall under the jurisdiction of the Association and be bound by the Constitution and the Code of Conduct.

 

ARTICLE 9

SECTION 9: AFFILIATION

 

  1. The Association may affiliate to any other generally acknowledged umbrella body of Advocates and/or International Law court, tribunal or body;

 

  1. An Advocate may, in the sole discretion of the Bar Council, be accepted as a Member of the Association, whether he/she is affiliated to any other Association/Society of Advocates or not. Likewise may any Member affiliate to another Association/Society of Advocates.

 

ARTICLE 9

SECTION 10: SCOPE OF PRACTICE

 

  1. The Scope of Practice, in the context of this Constitution, refers to Section 1 of Article 1 above;

 

  1. Members are not prohibited to attend to any brief regarding any legal matter which does not fall within the branches of the law mentioned above, provided however, that such Member is proficient in the applicable branch of the law, and has attained the minimum practical experience and qualifications, as are to be defined in the Code of Conduct;

 

  1. A register of the current Members shall be opened by the Secretary of the bar Council and shall be kept up to date. The register shall reflect branches of law and each Member’s name shall be borne under each branch of the law in which the Member is deemed proficient, as directed by the Bar Council. 

 

ARTICLE 11: HEADQUARTERS

 

The Headquarters of the Association shall be in Johannesburg.

 

ARTICLE 12: DISSOLUTION

 

In the event of the Association being dissolved, all assets of the Association remaining after satisfaction of its liabilities, shall be transferred to some other Association or Associations having objectives similar to those of the Association, as decided by the outgoing Bar Council.

 

ARTICLE 13: ADOPTION OF THE CONSTITUTION

 

This Constitution was adopted by the Members at a Special General Meeting, held at Johannesburg on 29 April 2006, amended by the Members at an AnnualGeneral Meeting, held at Cape Town on16 April 2016and amended again by the Members at an Annual General Meeting , held in Cape Town on 13 April 2019.