Related documents
Legal Practitioners Act, 1995
Act 15 of 1995
- Published in Government Gazette 1141 on 1 September 1995
- Assented to on 23 August 1995
- Commenced on 7 September 1995 by Commencement of the Legal Practitioners Act, 1995
- [This is the version of this document from 1 November 2005 and includes any amendments published up to 6 December 2024.]
- [Amended by Legal Practitioners Amendment Act, 1997 (Act 4 of 1997) on 26 June 1997]
- [Amended by Legal Practitioners Amendment Act, 1999 (Act 6 of 1999) on 28 June 1999]
- [Amended by Legal Practitioners Amendment Act, 2002 (Act 10 of 2002) on 7 November 2002]
- [Amended by Legal Practitioners Second Amendment Act, 2002 (Act 22 of 2002) on 1 November 2005]
Preliminary
1. Definitions
In this Act, unless the context otherwise requires -“banking institution” means an institution registered otherwise than provisionally as a bank in terms of the Banks Act, 1965 (Act 23 of 1965);[The Banks Act 23 of 1965 has been replaced by the Banking Institutions Act 2 of 1998.]“Board” means the Board for Legal Education established by section 8;“board of control” means the Legal Practitioners’ Fidelity Fund Board of Control referred to in section 55;“building society” means an institution finally registered as a building society in terms of the Building Societies Act, 1986 (Act 2 of 1986);“candidate legal practitioner” means a person registered by the Board as undergoing the course of post-graduate study;“Centre” means the Justice Training Centre referred to in section 16;“Council” means the Council of the Law Society referred to in section 45;“course of post-graduate study” means the course for the training of candidate legal practitioners referred to in section 16;“Court” means the High Court of Namibia;“Disciplinary Committee” means the Disciplinary Committee established by section 34;“enrolled” means enrolled as a legal practitioner on the Roll;“fidelity fund certificate” means a certificate issued in terms of section 68;“fund” means the Legal Practitioners’ Fidelity Fund referred to in section 53;“investment practice”, in relation to a legal practitioner, means the investment of funds by the legal practitioner on behalf of another person, or the control or management, whether directly or indirectly, of such an investment or the collection of interest or capital redemption payments on such investment on behalf of such person, excluding -(a)an investment of a temporary nature that is made in the course of and is incidental to the rendering of a service of a legal nature by the legal practitioner to such person; or(b)an investment made by a legal practitioner in the capacity of executor, trustee, curator or any other ex officio capacity insofar as such investment is required and is governed by any other law;[definition of “investment practice” inserted by Act 22 of 2002]“law centre” means -(a)a centre for clinical legal education in the Faculty of Law at the University of Namibia; or(b)a centre controlled by a non-profit making organisation which provides legal services without charge;“Law Society” means the Law Society of Namibia established by section 40;“legal practitioner” means a person who, in terms of this Act, has been admitted and authorised to practise as a legal practitioner or is deemed to have been so admitted and authorised;“Legal Practitioners’ Qualifying Examination” means the examination set and held by the Centre under section 16;“Minister” means the Minister of Justice;“practise” means to practise as a legal practitioner, whether for personal gain or in the service of a law centre or the State, and “practice” shall be construed accordingly;“prescribed” means prescribed by rule made under section 52 or by regulation made under section 81;“profession” means the profession of legal practitioner;“professional company” means a company referred to in section 7;“racially advantaged legal practitioner” means a legal practitioner who belongs to a racial or ethnic group which was, or is, directly or indirectly, advantaged as a consequence of social, economic, or educational programmes implemented as the result of racially discriminatory laws or practices before the independence of Namibia; and “racially disadvantaged legal practitioner” has the opposite meaning;[definition of “racially advantaged legal practitioner” (and its opposite) inserted by Act 22 of 2002, with a semicolon after the word “Namibia” as reproduced above]“Registrar” means the Registrar of the High Court;“Roll” means the register of legal practitioners referred to in section 2;“Rules of Court” means the rules of the Court made under the High Court Act, 1990 (Act 16 of 1990);“trust account” means an account comprising -(a)a trust banking account referred to in section 26(1); and(b)any trust savings or other interest-bearing account referred to in section 26(2) or (3) opened by a legal practitioner.Part I – Admission and enrolment
2. Roll of legal practitioners
3. Admission of legal practitioners
No person shall be admitted and authorised to practise as a legal practitioner or be enrolled as such, except in accordance with the provisions of this Act.4. Persons qualified to be admitted as legal practitioners and application for admission
5. Academic and professional qualifications
6. Enrolment of persons who were enrolled as attorneys or advocates before the commencement of this Act
7. Juristic person may conduct a practice
8. Establishment and constitution of Board for Legal Education
9. Alternate members of the Board
10. Vacation of office and filling of casual vacancies
11. General functions of the Board
12. Committees of the Board
13. Meetings of the Board
14. Performance of administrative work of the Board
15. Remuneration and allowances of members of the Board
16. Justice Training Centre
Part II – Privileges, restrictions and offences in connection with practice
17. Privileges of legal practitioners
Subject to the provisions of this Act, a legal practitioner shall have the right to practise the profession in Namibia and shall, without derogating from the generality of that right -18. Right of audience in the Supreme Court
19. Right of audience of candidate legal practitioners
A candidate legal practitioner to whom a certificate has been issued by the Centre certifying that such candidate legal practitioner has completed a period of six months training under the course of post-graduate study, shall have the right of audience -20. Prohibition against practising without fidelity fund certificate
21. Certain offences by unqualified persons
22. Unqualified persons not to prepare certain documents or instruments
23. Prohibition against practising by or in association with legal practitioners struck off the Roll or suspended from practice
24. Saving in respect of certain officials acting under a delegation of the Prosecutor-General
Nothing in this Part shall be construed as preventing an official, not being enrolled as a legal practitioner, to whom the Prosecutor-General, acting under Article 88(2)(d) of the Namibian Constitution has delegated the authority to conduct criminal proceedings in any court from so conducting such proceedings.Part III – Keeping of accounts by legal practitioners
25. Legal practitioners’ books of accounts and power of Council to inspect
26. Opening of trust banking account
27. Trust account moneys not part of the assets of legal practitioner
28. Control of operation of trust account
29. Rights and duties of banking institutions and building societies with respect to trust accounts
30. Rights of legal practitioner with respect to moneys in trust account
The provisions of this Part shall not be construed as taking away or affecting any just claim, lien, counter-claim, right of set-off, or charge of any kind which a legal practitioner has against or on any moneys held or received by him or her on account of another person.31. Offences in relation to trust accounts
A legal practitioner who contravenes or fails to comply with any of the provisions of section 25(1) or section 26(1), (2)(b), (3) or (4) shall be guilty of an offence and liable on conviction to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.Part IV – Discipline and removal from and restoration to the Roll
32. Removal from Roll or suspension from practice of legal practitioners
33. Unprofessional or dishonourable or unworthy conduct
34. Disciplinary Committee
35. Powers and procedure of Disciplinary Committee with respect to legal practitioners
36. Powers and procedure of Disciplinary Committee with respect to candidate legal practitioners
37. Power of Court
If, in determining an application made to it in terms of section 32, the Court finds that the legal practitioner to whom the application relates is guilty of unprofessional or dishonourable or unworthy conduct, it may, if in the circumstances of the case it thinks fit so to do, and instead of granting an order that the name of the legal practitioner be struck off the Roll or that he or she be suspended from practice -38. Restoration to Roll
39. Rules governing Disciplinary Committee
Part V – Law Society of Namibia
40. Establishment of Law Society
There is hereby established the Law Society of Namibia which shall by that name be a body corporate with perpetual succession and a common seal, and which shall be capable of suing and being sued and, subject to the provisons of this Act, do and suffer all such acts and things as bodies corporate may lawfully do and suffer.[The word “provisions” is misspelt in the Government Gazette, as reproduced above.]41. Objects of Law Society
The objects of the Law Society shall be -42. Powers of Law Society
The Law Society may for the purpose of the attainment of its objects -43. Membership of Law Society
44. General meetings of Law Society
45. Council of Law Society
46. Vacation of office and filling of casual vacancy in Council
47. Duties of Council
The Council shall -48. Powers of Council
The Council may exercise the powers of the Law Society and, without limiting the generality of that power, may -49. Committees of Council
50. Meetings of Council
51. Income of Law Society exempt from tax
The income of the Law Society from whatever source shall be exempt from any tax or levy payable under any law relating to taxes on income.52. Power of Council to make rules
Part VI – Legal Practitioners’ Fidelity Fund
53. Legal Practitioners’ Fidelity Fund
The Legal Practitioners’ Fidelity Fund established by section 2 of the Legal Practitioners’ Fidelity Fund Act, 1990 (Act 22 of 1990), shall, notwithstanding the repeal of that Act by this Act, continue to exist under the same name.54. Purpose of fund
55. Fund to vest in and to be held in trust by board of control
56. Constitution of board of control
57. Period of office of members of board of control
A member of the board of control appointed under section 56(1)(b) shall hold office until his or her successor has been appointed and, unless another is appointed in his or her place in any year, he or she shall be deemed to have been reappointed.58. Vacation of office by members of the board of control
59. Chairperson of board of control
60. Meetings of board of control
61. Committees of board of control
62. Validity of resolution signed by all members of board of control
A resolution in writing of the board of control signed by all its members shall be as valid as if it had been passed at a meeting of the board.63. Revenue of fund
The fund shall consist of -64. Banking account
65. Audit
66. Insurance contracts for purpose of indemnifying fund and legal practitioners
67. Exemption of certain legal practitioners from requirement to hold a fidelity fund certificate
68. Application for and issue of fidelity fund certificate
69. Contributions to fund by legal practitioners
70. Payments from fund
71. Grants from fund for education or research in law and for enhancement of professional standards of legal practitioners
If the amount of the fund exceeds the sum of N$1 000 000, the board of control may out of the excess in question -72. Limitation of liability of fund
73. Procedure for instituting claims against fund
74. Actions against fund
75. Subrogation
On payment out of the fund of money in settlement in whole or in part of a claim under this Act the fund shall be subrogated to the extent of such payment to all the rights and legal remedies of the claimant against a legal practitioner or a person in relation to whom the claim arose, or in the event of his or her death or insolvency or other legal disability, against a person having authority to administer his or her estate.76. Exemption of fund from certain provisions of certain laws
77. Indemnification in respect of certain acts
No action for damages shall be instituted -78. Preservation and disposal of records and documents in possession of board of control
Part VII – General
79. ***
[section 79 repealed by Act 22 of 2002]80. Rules of Court
In addition to the matters mentioned in section 39 of the High Court Act, 1990 (Act 16 of 1990), the Judge-President may, subject to the provisions of that section, and after consultation with the chairperson of the Council, make rules in relation to the procedure to be followed and the information to be supplied to the Court by any applicant for admission under this Act.81. Regulations
82. Evidence
A certificate purporting to be signed by the Registrar and certifying that -83. Oath or affirmation upon admission and enrolment
A person who is admitted and authorised to practise as a legal practitioner shall, upon being so admitted and authorised, take an oath or make a solemn affirmation before the Judge-President, or a Judge designated by the Judge-President for that purpose, in the terms set forth in Schedule 1.84. Legal practitioners are officers of the Court
A person admitted to practise as a legal practitioner shall be an officer of the Court.85. Reciprocal arrangements and certificates of authorization to act in Namibia
86. Notaries public
87. Practice of conveyancing
88. Transfer of assets, rights, liabilities and obligations to Law Society
89. Transitional provisions in relation to Council of the Law Society
90. Transitional provisions in relation to Legal Practitioners’ Fidelity Fund Board of Control
The Legal Practitioners’ Fidelity Fund Board of Control which existed, and the committees appointed by that board, in terms of the Legal Practitioners’ Fidelity Fund Act, 1990 (Act 22 of 1990), immediately before the commencement of this Act, shall continue to exist and the members thereof shall continue to hold office, as if that board was established and the members of that board and those committees were appointed in terms of Part VI of this Act, until the next board of control is constituted under this Act.91. Transitional provisions in relation to practical legal training and obtaining of fidelity fund certificate or exemption by existing advocates
92. Interpretation of certain references in laws
Subject to the provisions of this Act, a reference in any other law to an advocate, a counsel or an attorney, shall be construed as a reference to a legal practitioner.93. Amendment of the High Court Act
Section 3 of the High Court Act, 1990 (Act 16 of 1990), is amended by the substitution for paragraph (c) of the following paragraph:“(c) such a person has practised as a legal practitioner in Namibia, whether before or after the commencement of the Legal Practitioners Act, 1995, or in a country referred to in paragraph (a) or (b), for a period of not less than five years.”.94. Repeal of laws and savings
95. Short title and commencement
This Act shall be called the Legal Practitioners Act, 1995, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
01 November 2005 this version
07 November 2002
Amended by
Legal Practitioners Amendment Act, 2002
28 June 1999
Amended by
Legal Practitioners Amendment Act, 1999
26 June 1997
Amended by
Legal Practitioners Amendment Act, 1997
07 September 1995
Commenced by
Commencement of the Legal Practitioners Act, 1995
01 September 1995
23 August 1995
Assented to
Cited documents 12
Act 11
1. | High Court Act, 1990 | 1126 citations |
2. | Magistrates' Courts Act, 1944 | 987 citations |
3. | Immigration Control Act, 1993 | 250 citations |
4. | Petroleum Products and Energy Act, 1990 | 230 citations |
5. | Building Societies Act, 1986 | 104 citations |
6. | Legal Aid Act, 1990 | 70 citations |
7. | Prescribed Rate of Interest Act, 1975 | 63 citations |
8. | Admission of Advocates Act, 1964 | 28 citations |
9. | Estate Agents Act, 1976 | 27 citations |
10. | General Law Amendment Act, 1974 | 11 citations |
Proclamation 1
1. | Administration of Justice Proclamation, 1919 | 1 citation |
Documents citing this one 252
Gazette 139
Judgment 68
Act 35
1. | Local Authorities Act, 1992 | 1335 citations |
2. | Labour Act, 2007 | 622 citations |
3. | Prevention of Organised Crime Act, 2004 | 364 citations |
4. | Road Traffic and Transport Act, 1999 | 315 citations |
5. | Agricultural (Commercial) Land Reform Act, 1995 | 256 citations |
6. | Banking Institutions Act, 1998 | 224 citations |
7. | Electoral Act, 2014 | 184 citations |
8. | Medical and Dental Act, 2004 | 174 citations |
9. | Medicines and Related Substances Control Act, 2003 | 148 citations |
10. | Allied Health Professions Act, 2004 | 133 citations |
Government Notice 6
Law Reform Report 2
1. | Discussion Paper on Issues relating to the Insolvency Act, 1936 | |
2. | Report on the Mental Health Bill |
Discussion Paper 1
1. | Discussion Document on Consumer Protection |
Proclamation 1
1. | Regulations relating to Conditions of Service of Judges, 2015 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Candidate Legal Practitioners Regulations, 1995 | Government Notice 228 of 1995 | 15 November 2017 |
Regulations under the Legal Practitioners’ Fidelity Fund Act, 1990 | Government Notice 136 of 1993 | 15 November 2017 |