Government Attorney Proclamation, 1982
Proclamation R161 of 1982
- Published in South African Government Gazette 8367 on 3 September 1982
- Assented to on 18 August 1982
- Commenced on 1 April 1984 by Date of coming into Operation of the Government Attorney Proclamation, 1982
- [This is the version of this document from 3 September 1982 and includes any amendments published up to 1 December 2023.]
1. DefinitionsIn this Proclamation, unless the context otherwise indicates -“department” means a department as defined in the Government Service Act, 1980 (Act 2 of 1980), including the Government of Rehoboth;[The Government Service Act 2 of 1980 has been replaced by the Public Service Act 13 of 1995; section 38(a) of Act 13 of 1995 provides that any reference in any other law to a department “shall be construed as a reference to the corresponding office, ministry or agency”.]“Territory” the Territory of South West Africa.[The word “means” should appear after the word “‘Territory’”.]
2. Government Attorney’s office
3. Appointment of Government AttorneySubject at the laws relating to the government service, the Council of Ministers may -
4. Functions of Government Attorney’s officeSuch functions as may be performed in accordance with the law, practice or custom by attorneys, notaries or conveyancers -
5. Rights, privileges and duties of practitioners performing functions under this Proclamation
6. Functions of attorneys, notaries or conveyancers to be exercised by them onlyFunctions of the Government Attorney’s office of such a nature as may according to law, practice or custom be performed only by a person who is an attorney or a notary or conveyancer, shall only be performed by any such person admitted and entitled to practise in the Territory.
7. Recovery of costs and exemption from certain stamp duties and fees of office where work performed by Government Attorney
8. Government Attorney and others may perform functions of Government Attorney’s office also where they have no officeNotwithstanding anything to the contrary in any law, practice or custom contained, the Government Attorney or any person authorised by him, admitted and entitled to practise in the Territory as an attorney, may perform any function of the Government Attorney’s office in any court in the Territory, even though he may have no permanent office at the place where the court may be sitting.
10. RegulationsThe Council of Ministers may make regulations relating to -
11. Repeal and amendment of lawsThe laws mentioned in the Annexure are hereby repealed or amended to the extent set out in the third column thereof.
12. Transitional provisions
13. Application of sections 11 to 14, both inclusiveSections 11 to 14, both inclusive, shall apply also in the Republic of South Africa.
14. Short title and commencementThis Proclamation shall be called the Government Attorney Proclamation, 1982, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
History of this document
01 April 1984
03 September 1982 this version
18 August 1982