THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL NOTICE IN TERMS OF SECTION 95(1) & (4) OF THE LEGAL PRACTICE ACT, 28 OF 2014
The South African Legal Practice Council (“the Council”) hereby issues a notice under the authority of sections 95(1)(a) of the Legal Practice Act, 28 of 2014 (as amended) proposing a minimum remuneration for candidate legal practitioners undergoing practical vocational training under a practical vocational training contract in terms of Rule 22 of the Legal Practice Council Rules, in accordance to Rule 22.3 and 22.4 of the Legal Practice Council Rules, as required by Section 27(2) of the Legal Practice Act 28 of 2014.
Candidate Attorneys
The Council is of the view that applying a uniform minimum remuneration for candidate attorneys would be impractical due to the diversity of law firms taking on candidate legal practitioners in the different areas around the country and would further result in attorneys taking fewer candidate legal practitioners to undergo practical vocational training under their supervision, and this may apply particularly to attorneys who are practising in rural areas.
In determining the minimum proposed remuneration, the Council took into consideration the current economic climate and the challenges faced particularly by legal practitioners practising in rural areas, and the Council has resolved to propose a different minimum remuneration for candidate attorneys in urban and rural areas.
Schedule 2A below contains the proposed minimum remuneration for candidate attorneys in terms of section 27(2) of the Legal Practice Act.
Pupils
The Council believes that pupils should be remunerated, but it appreciates that they are not employed by their supervisors, and that imposing an obligation on a supervisor to remunerate a pupil will discourage many advocates from becoming a supervisor.
The Council therefore proposes that a levy be imposed on practising advocates to establish a fund from which pupils will be remunerated.
The Council proposes that:
• Senior counsel pays a once of levy of R 8 400 per year, or R 700 per month; and
• Junior counsel of 10 years standing and more pays a once of levy of R 4 800 per year or R 400 per month.
Schedule 3A below contains the proposed minimum remuneration for pupils in terms of section 27(2) of the Legal Practice Act.
In terms of Section 95(4)(a) of the Legal Practice Act, interested persons are called upon to comment to the Council in writing on the proposed minimum remuneration for candidate legal practitioners undergoing practical vocational training under a practical vocational training contract in terms of Rule 22 of the Legal Practice Council Rules.
Please note that all comments must be sent by email to rules@lpc.org.za by no later than September 2023.
Signed at Midrand on 3 August 2023.
Ms. C Nzuza
Executive Officer: Legal Practice Council
~
SCHEDULE 2A
Candidate attorney minimum remuneration in terms of Rule 22.3 of the Legal Practice Council Rules
A candidate attorney undergoing practical vocational training in terms of a practical vocational training contract shall be entitled to not less than the minimum remuneration as determined by the Council below, which remuneration shall be payable not less frequently than monthly and shall in any event not be less than the amount determined by the Council.
| DEMOGRAPHICS | Minimum remuneration per annum | Minimum remuneration per month | |
| 1. | Minimum remuneration for candidate attorneys situated in rural areas | R72 000 | R6 000 |
| 2. | Minimum remuneration for candidate attorneys situated in urban areas | R96 000 | R8000 |
*Please note that the Basic Conditions of Employment Act to. 75 of J997 (“8CEA”) applies in terms of working hours in so far as candidate attorneys are concerned.
SCHEDULE 3A
Pupil minimum remuneration in terms of Rule 22.4 of the Legal Practice Council Rules
The Council proposes that, if the abovementioned proposal is implemented, a pupil undergoing practical vocational training in terms of a practical vocational training contract shall be entitled to not less than the minimum remuneration as determined by the Council, which remuneration shall be payable by the Council not less frequently than monthly and shall in any event not be less than the amount determined by the Council below.
| Minimum remuneration per annum | Minimum remuneration per month | |
| Minimum remuneration for pupils | R96 000 | R8000 |
