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Admission of advocates


Every person who applies to be admitted and enrolled as an advocate shall pro-duce proof to the satisfaction of the High Court that —


(a) he is a citizen of Swaziland or is ordinarily resident in Swaziland, and is a fit and proper person to be admitted as an advocate; and (Amended A.7/1973.)

(b) he is of or above the age of twenty-one years; and

(c) he holds the degree of—
(i) Bachelor of Laws of the former University of Botswana, Lesotho and Swaziland; or the former university of Botswana and Swaziland; or the University of Swaziland; or
(ii) Bachelor of Laws of any University in Botswana, Lesotho, Zim-babwe, South Africa or Namibia; or (Amended K.O-I-C. 20/1993.)
(iii) Bachelor’s degree in Law, not being a honorary degree, from any University in England, Ireland or Scotland; (Added K.O-I-C. 20/1993.)
or

(d) he holds a Bachelor of Laws degree of a University in a country referred to in this paragraph and has been admitted and enrolled to practise as an advocate in South Africa, Namibia, Botswana or Lesotho or as a legal practitioner in Zimbabwe and has so practised for at least two years and at the date of such
application remains so enrolled and no proceedings to remove or suspend him from practice are pending or contemplated; and

(e) in the case of a person to whom paragraph (d) applies, having at any time prior to his application for admission as an advocate practised as an attorney he has not practised as such attorney in South Africa, Namibia, Botswana, Lesotho or Swaziland for a period of three months immediately preceding such application or while admitted and enrolled as an advocate in any of those countries;
or

(f) has been admitted as a barrister or solicitor in England, Scotland or Ireland and remains so enrolled and no proceedings to remove or suspend him from the roll are pending or contemplated. (Amended O.20/1993.)
and thereupon the High Court shall, unless cause to the contrary is shown to its satisfaction, admit and enrol that person as an advocate.
(Amended L.22/1965; A.13/1988.)

 

(2) Notwithstanding subsection (1), the Chief Justice may for the purpose of any particular case or matter grant a right of audience in the Courts of Swaziland or before any quasi-judicial tribunal in Swaziland to any person who, being otherwise eligible for admission, is not a citizen of Swaziland or ordinarily resident or practising as an advocate therein, in order to enable such person to appear as Counsel in any such case or matter. (Amended A.7/1973.)


ADMISSION OF ATTORNEYS

Every person who applies to be admitted and enrolled as an attorney shall produce to the satisfaction of the High Court proof that —

(a) he is a citizen of Swaziland or is ordinarily resident in Swaziland and is a fit and proper person to be admitted and enrolled as an attorney; and

(b) he is of or above the age of twenty-one years; and

(c) he holds —
(i) a Bachelor of Laws degree of the former University of Botswana, Lesotho and Swaziland; or the former University of Botswana and Swaziland; or any university in Botswana, Lesotho, Swaziland, Zim-babwe, South Africa or Namibia; or
(ii) a Bachelor’s degree in law from a University in a country referred to in sub-paragraph (i); or
(iii) a Bachelor’s degree in Law, not being a honorary degree, from any University in England, Ireland or Scotland; (Added O.20/1993.)
and has served a period of articles and passed examinations prescribed under this Act which may be written after having completed not less than one half (½) of service of such articles; (Amended O.20/1993.)
or

(d) he holds a Bachelor’s degree in law from a university in a country referred to in this paragraph and is admitted and enrolled as an attorney in South Africa, Namibia, Botswana or Lesotho or a legal practitioner in Zimbabwe and has practised as such for at least two years and at the date of such application he remains so enrolled and no proceedings to remove or suspend him from prac-tice are pending or contemplated; or

(e) has been admitted as a barrister or solicitor in England, Scotland or Ireland and no proceedings to remove or suspend him from the roll are pending or contemplated; (Amended O.20/1993.) or

(f) having at any time prior to his application for admission as an attorney practised as an advocate in Swaziland he has not practised as such advocate for a period of three months immediately preceding such application and that he has not at any time been struck off the roll or suspended from practice and has successfully served articles of clerkship and passed any examinations pre-scribed under this Act;
and thereupon the High Court shall, unless cause to the contrary is shown to its satisfaction, admit and enrol such person as an attorney.

(2) Notwithstanding subsection (1), the Chief Justice may for the purpose of any par-ticular case or matter grant a right of audience in the Courts of Swaziland or before any quasi-judicial tribunal in Swaziland to any person who, being otherwise eligible for admission, is not a citizen of Swaziland or ordinarily resident or practising as an attorney therein, in order to enable such person to appear as attorney in any such case or matter. (Amended A.7/1973.)
Articles. (Schedule)

(1) A person who is desirous of being admitted as an attorney, and who is not ex-empted from service under articles by virtue of subsection (2) and (3), shall be bound by, and duly serve under, articles for a period determined in accordance with the provisions of the Schedule. (Amended K.O-I-C. 3/1977.)

(2) No person who has at any time been admitted to practice as an attorney or solici-tor of any of the courts of record in London, Belfast or Dublin, or as a writer to the signet or a solicitor or law agent in the Court of Session of Scotland or an attorney in any division of the Supreme Court of South Africa or of South-West Africa or in the High Court of Rhodesia shall be required to serve articles in Swaziland.

(3) A person who has served as a Magistrate in Swaziland or in the office of the Mas-ter of the High Court as Master or Deputy Master for a continuous period of five years or more and has passed any of the examinations prescribed by the Chief Justice under section 33(2)(b) shall not be required to serve articles in Swaziland. (Added K.O-I-C. 3/1977.)
(Repealed A.13/1988; Reinstated A.6/1990.)
Examinations in law.

No person shall be admitted as an attorney under section 6(1)(c)(iv) unless he has passed the examination or examinations prescribed by the Chief Justice under section 33(2)(b) and no person shall be admitted as an attorney under any paragraph of section 6 unless he has passed the practical examination referred to in section 33(4)(c) or has been exempted from passing such practical examination by Regulations made under section 33(2)(c).