Administration of Justice, Law Reform and Jurisprudence, The 1966 Annual Survey of South African Law 1966

1966 Ann. Surv. S. African L. 452 (1966)
Administration of Justice, Law Reform and Jurisprudence, The

handle is hein.journals/assafl1966 and id is 504 raw text is: THE ADMINISTRATION OF JUSTICE, LAW REFORM
AND JURISPRUDENCE
D. R. STUART*
A. THE ADMINISTRATION OF JUSTICE
THE LEGAL PROFESSION
Advocates
Admission of Advocates Act,'1964
The Admission of Advocates Act, No. 74 of 1964 (see Annual
Survey, 1964, p. 455), first donned its own legal robes on 18th
February, 1966 (Proc. No. R. 55, G.G.E. No. 1375 of 18th February,
1966 (Reg. Gaz. No. 624)). It will be remembered that this Act was
amended by the Admission of Advocates Amendment Act, No. 73
of 1965 (see Annual Survey, 1965, p. 502).
Suppression of Communism Amendment Bill
The contentious Suppression of Communism Amendment Bill,
containing clauses compelling the Supreme Court to bar 'listed'
and convicted communists from practising as advocates and
attorneys, was held over by the Minister of Justice during the
1965-6 Parliamentary session (see Annual Survey, 1965, pp. 502-3).
On 16th August, 1966, the Johannesburg Bar Council issued a
statement deploring the fact that the Minister of Justice had
decided to reintroduce the Bill 'despite the public protests made
by the Johannesburg Bar and other Bars on previous occasions'
(see Annual Survey, 1965, p. 503). The Council reaffirmed its belief
that the Bill was 'unnecessary and an unjustified reflection upon
the adequacy of the Supreme Court' to discharge its duties of
deciding, with proper regard for all the circumstances, whether
or not a person was fit to practise as a lawyer. The statement added
that the Bill, if it became law, might well 'discourage some prac-
titioners from carrying out their duties to the court and to the
public, fearlessly and without regard to the popularity or otherwise
of the case entrusted to them' (Rand Daily Mail, 17th August,
1966). Despite these objections the Bill, published on 24th January,
1967, was passed through Parliament and assented to by the State
President on 27th February, 1967 (Suppression of Communism
Amendment Act, No. 24 of 1967, section 2).
* B.A., LL.B. (Natal); Lecturer in Law, University of the Witwatersrand,
Johannesburg.

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