Below follow the instructions and ballot paper for advocates voting to elect their representatives on the Legal Practice Council, the body that will regulate the legal profession. The Legal Practice Act requires that the council set up in terms of the legislation must, as far as practicable, reflect the “racial and gender composition of South Africa.” As can be seen all candidates are allocated a gender and a racial categorisation. The outcome is predetermined at two black women, two black men, one white woman and one white man. – Politicsweb

LEGAL PRACTICE COUNCIL ELECTIONS 2018

HOW TO VOTE

VOTING PERIOD: 19 SEPTEMBER UNTIL 28 SEPTEMBER 2018

Step1: Print the ballot paper applicable to you and select your preferred candidates by making a cross (x) in the block next to the name of the candidates of your choice.

Step 2: Kindly proceed to the nearest polling station. A list of polling stations is attached to the ballot paper.

Step 3: The election official at the polling station will hand you a uniquely marked envelope.

Step 4: Kindly sign, on the outside of the envelope, the declaration confirming that you have not already voted in this election.

Step 5: Place your completed ballot paper in the envelope and seal the envelope.

Step 6: Place the sealed envelope in the ballot box provided at the polling station.

Important Notes

* You are required to print your own ballot paper as there will be no ballot papers available at the polling stations.

* Ballot papers may not be couriered or sent via post.

* Only ballots in a sealed envelope, deposited into the ballot box will be accepted for counting purposes.

* The profiles of the candidates were published on the National Forum website. Kindly access the link below to view the profiles: https://www.eisaict.org.za/lpcelection/Default.aspx

* The surnames of the candidates are listed on the ballot forms in strict alphabetical order.

* Place a cross (x) only, in the block next to the name of the candidate of your choice. No other mark will be accepted on the ballot paper.

* Advocates may vote for six (6) or fewer candidates.

* Attorneys may vote for ten (10) or fewer candidates.

* A ballot paper is deemed spoilt if:

- the ballot paper has more than the permitted number of crosses (x) referred to in Regulation 2, sub-regulation 11e(i)

- any mark is made on the ballot paper other than a cross in favour of the candidates for whom the legal practitioner votes

- the declaration referred to in sub regulation (11) is not duly completed and signed by the voting legal practitioner

* Voting will take place from 19 September 2018 to 28 September 2018 between the hours of 8h00 to 17h00, excluding weekends and public holidays.

* The EISA election official will collect the sealed ballot box from the polling station after voting closes at 17h00 on Friday, 28 September 2018.

* Counting of votes will take place at a central venue in the presence of the referee.

Kindly refer to the Legal Practice Act, 2014 and Regulations for any additional information on the voting and counting process of this election.

National Forum on the Legal Profession

LEGAL PRACTICE COUNCIL ELECTIONS 2018

BALLOT PAPER FOR ADVOCATES

VOTING PERIOD: 19 SEPTEMBER UNTIL 28 SEPTEMBER 2018

Every advocate who is on the Roll of Practising Advocates may vote for a maximum of six candidates from the candidates listed below.

In respect of the first election to be conducted under the authority of the National Forum in terms of regulation 2(2), every advocate who is admitted as such and who is in practice may vote for the election of candidates.

Please note that in order to comply with section 7(2)(a) of the Legal Practice Act, 2014 (Act No. 28 of 2014) and subject to the availability of the candidates, two black women, two black men, one white woman and one white man with the highest number of votes in their respective categories will constitute the six advocates who will serve as members of the South African Legal Practice Council (“Council”).

A short profile of each candidate is available on the Council’s website

When voting, please take into account the provisions of section 7(2) of the Legal Practice Act:

“When constituting the Council the following factors must, as far as is practicable, be taken into account:

(a) the racial and gender composition of South Africa;

(b) the objects of the Council;

(c) representation of persons with disabilities;

(d) provincial representation; and

(e) experience and knowledge of—

(i) the provision of legal services;

(ii) the principles of promoting access to justice;

(iii) legal education and training;

(iv) consumer affairs;

(v) civil and criminal proceedings and the functioning of the courts and tribunals in general;

(vi) the maintenance of professional standards of persons who provide legal services;

(vii) the handling of complaints; and

(viii) competition law.

NOTE:

The term “Black” has the same meaning as in section 1 of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), read with the Broad-Based Black Economic Empowerment Amendment Act, 2013 (Act No. 46 of 2013) as a generic term which means Africans, Coloureds and Indians who are citizens of the Republic of South Africa by birth or descent, or who became citizens of the Republic of South Africa by naturalisation before 27 April 1994 or on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date and such other persons as may be categorised as black persons for purposes of that legislation.