Law Society Act, 1983

Year of Act: 
1983
Number of Act: 
13
Date of promulgation: 
24 August 1983
Date of commencement: 
01 January 1983

 

Supplement No. 1

to Gazette No. 58 of 9th December, 1983

 

The Law Society Act 1983

Act No. 13 of 1383

 

Published by the Authority of the Prime Minister

Price: M9.00 Lisente

 

The Law Society Act 1983

ACT NO. 13 OF 1983

[Date of Assent: 24.8.83]

[Commencement: See Section 1]

ACT

To Provide for the maintenance and advancement of sound legal learning and correct and uniform practice and discipline amongst the members of the profession of attorney, notaries and conveyancers of the Courts of Lesotho and for the suppression of professional misconduct; the promotion of social intercourse amongst the members of those professions; and for the superin­tendence of the professional training, study and examination of persons desiring to be admitted to practise in such professions; for the controlling; and regulation of their admission thereto; to establish a Society in the Kingdom of Lesotho for the promotion of those objects and generally for guarding and promoting the interest of those professions.

Enacted by the Assembly

1. This Act may be cited as the Law Society Act 1983 and shall come into operation on a date to be appointed by the Mini­ster by notice in the Gazette.

2.(1) There is established a Society to be called the Law Society of Lesotho (hereinafter referred to as "the Society") which shall be a body Corporate.

(2) The Society is a non-profit making association.

(3) Profits of the Society, if any, or other income of the Society shall be applied in promoting its objects.

(4) The payments of dividends to members of the Society is prohibited.

(5) The schedule to this Act shall have effect as the first Rules and Tariff of fees of the Law Society which may be amend­ed by the Law Society Council referred to under Section 9 here­inafter referred to as "the Council") by notice in the Gazette.

3. The registered office of the Society is situate at: MASERU, LESOTHO

4. The objects for the Society are:—

(a) to consider, originate and promote reforms and improve­ments in law, to consider proposed alteration and oppose or support the same: to assist in the administration of justice; and to effect improvements in administration or practice of law;

(b) to represent generally the views of the profession; to preserve and maintain its integrity and status; to ad­vance and enforce correct and uniform practice and discipline amongst its members; to suppress dishonour­able conduct or practices; to provide for the amicable settlement or adjustment of professional disputes; to promote social intercourse amongst the members of the Society and to consider and deal with all matters affect­ing the professional interests of the members of the Society;

(c) to encourage and promote the study of law and provide means for securing efficiency and responsibility on the part of those seeking admission to the legal profession; and to conduct or regulate legal examinations;

(d) to form, support and maintain a law library and reading rooms; and to print and publish law reports and other legal publications;

(e) to acquire any rights or privileges which the Society may regard as necessary or convenient for the purposes of the Society and to make donations for promoting the interest of the profession;

(f) to own, purchase, take on lease or in exchange, hire or otherwise acquire any movable or immovable property and to erect any building required for the purposes of the Society;

(g) to invest moneys of the Society upon such securities as may from time to time be determined;

(h) to raise or borrow money from time to time in such man­ner as the Society may think fit and in particular upon the security of mortgage bonds, or the issue of deben­ture secured by mortgage bonds, upon all or any of the property of the Society, both present and future;

(i) to sell, improve, let, mortgage, dispose of or otherwise deal with all or part of the property of the Society;

(j) to establish a Fidelity Fund (hereinafter referred to as "the Fund") to secure and protect members of the public from loss resulting from the dishonesty or other forms of negligence by legal practitioners;

(k) to affiliate to, or forge links with any international or re­gional Bar or Law Associations as the Society may think fit; and

(1) to do all such other things as are incidental or conducive to the attainment of the above objects

5. (1) There is established a Fidelity Fund (hereinafter re­ferred to as "the Fund".)

(2) The Fund shall be administered, maintained and manag­ed by or on behalf of the Society for enabling the Society to make such disbursements therefrom as are in the opinion of the Society necessary to defray the expenses incurred by it, and in particular to pay the losses sustained by any person in consequence of dis­honesty or any prejudice by legal practitioners or their servants in the course of their law practice, whether or not at the time of commission of the act or misconduct the practitioner was in pos­session of practising certificate, or has since died or has since stop­ped practice or was a trustee.

(3) The loss referred to in subsection (2) shall be brought to the attention of the Society as soon as it is discovered.

(4) The Society may on its own accord, on application by any interested person examine, enquire into or investigate the ac­tivities of a practitioner who in the opinion of the Society is likely to have committed an act of dishonesty to the client

(5) The Fund shall be held by the Society in trust for the purposes mentioned in this section-

(6) The Society shall not renew the practising certificate of a practitioner unless that practitioner produces proof that an an­nual contribution of M100 has been paid into the Fidelity Fund.

(7) Moneys in the Fidelity Fund may be invested by the So­ciety in such manner as it thinks fit

6.  The funds of the Society shall consist of:

(a) annual subscriptions of members and levies, at such times and in such amounts as may from time to time be fixed under this Act;

(b) the receipt of donations and grants;

(c) such other moneys as may be raised in any other method as may be decided upon by the Council.

7. (1) Membership of the Society is open to all legal prac­titioners duly admitted by the High Court of Lesotho to practise as advocates, attorneys, notaries or conveyancers hereinafter re­ferred to as "members"), and shall consist of the following clas­ses—

(a) Practising members; and

(b) Non-practising members.

(2) Practising members shall comprise those members who —

(a) are resident and maintain chambers or offices in Leso­tho;

(b) though not resident in Lesotho, participate actively in the administration of justice by reason of their having established chambers or offices in Lesotho, which are fully serviced and are under the constant supervision of (b) such members;

(c) though they are not resident nor maintain chambers or offices in Lesotho in the opinion of the Council practise their profession on a regular basis in Lesotho, participat­ing actively in the administration of justice in Lesotho;

(3) Non-practising members shall comprise all legal practi­tioners who in the opinion of the Council do not fall within the scope of the foregoing definitions and shall further include all such legal practitioners as are not in private practice.

(4) The requirements for admission as members shall from time to time be regulated by the Rules

(5) An application for admission as a member of the So­ciety shall be made in writing, addressed to the Secretary of the Society, and accompanied by payment of the annual subscription. Acceptance shall be by majority decision of the Council; and upon acceptance the Secretary shall advise such new member in writing thereof and shall furnish him with a copy of this Act.

(6) Membership of the Society shall cease:—

(a) in case any member is removed from the roll by an order of the High Court of Lesotho or other competent court either at such member's own initiative or any other cause;

(b) in case any member makes default in the payment of his annual subscription by the due date thereof, and further fails to effect such payment within 7 days after the date of an appropriate letter addressed to him by the Secre­tary or within such further time as the Council may grant;

(c) in case of the written resignation or in the event of death of a member.

(7) In case any member of the Society shall by reason of any order of competent Court be suspended from practice such member shall during the period of such suspension not be entitled to the privileges of membership of the Society.

(8) Non-practising members of the Society may not be eli­gible for election to the Council and shall not have the right to vote on any question raised at general meetings.

(9) Practising members shall become members of the Law Society but practising certificates shall only be issued to those members that have paid their contribution towards the Fidelity Fund for the year in respect of which the certificate is sought.

8.  Any person who has rendered notable service to the legal profession may be elected an Honorary member of the Society.

Council 9. (1) The affairs of the Society shall be managed by a Council consisting of a President Vice-President, a Secretary, a Treasurer and one ordinary member, elected at the inaugural meeting of the Society by ballot after open nomination of candi­dates, all of whom shall be practising members who;

(a) are resident and maintain chambers or offices in Leso­tho;

(b) though not resident in Lesotho, participate actively in the administration of Justice by reason of their having established chambers or offices in Lesotho, which are ful­ly serviced and are under the constant supervision of such members.

(2) The Council to be elected as provided in subsection (1) shall remain in office until the first annual general meeting when all the members shall retire and a new Council consisting of five practising members shall be elected. A retiring member is eligible for re-election and shall remain in office until his successor has been elected.

(3) Unless otherwise decided by a general meeting of the Society, four members of the Council shall form a quorum.

(4) Any casual vacancy in the Council resulting from a member's death or resignation or termination of his membership of the Society may be filled by the Council. Any act or deed of the Council, notwithstanding any such vacancy, shall be as lawful as the same would have been if no vacancy had arisen; provided however, that the number of members of the Council is sufficient to form a quorum.

(5) The management of the business and control of the Society shall be vested in the Council, who may exercise all such powers and do all such things as may be exercised or done by the Society and are not by this Act expressly directed or required to be done by the Society in the General Meeting:

Provided however, that no agreement for sale or mort­gage of any immovable property of the Society shall be bind­ing unless the same shall have been confirmed by the vote of two-thirds of the members of the Society present in person and voting at a general meeting specially convened for the purpose.

(6) More particularly the Council shall be charged with the following powers and duties:

(a) the powers of investment of the funds of the Society upon such securities as it may from time to time deter­mine;

(b) the maintenance of correct books of account:

(c) the custody of securities, books, papers and other effects of the Society:

(d) the appointment of auditors of the Society, the duration of such appointment and their remuneration;

(e) the implementation of the duties, obligations and privi­leges  imposed upon the Society by the Legal Practitioner's Act 1967, or any other statutory enactment promulgated in replacement thereof;

(f) the appointment of such employees as may be considered necessary and the determination of the remuneration and duties of such employees;

(g) the duty of enquiring into professional or alleged profes­sional misconduct of members, and of taking disciplinary action in such cases where it appears to the Council that a prima facie case has been made out;

(h) the powers to sue or to be sued in the name of the So­ciety.

(7)   A Vice-President may in the absence of the President or in case of his liability to act, exercise any or all of the duties and functions appertaining to the office of President

10. (1) The Society shall hold an annual general meeting. The first annual general meeting shall be held in Maseru within three months after the establishment of the Society

(2) Subsequent annual general meetings shall be held with­in three-months after the end of each financial year.

(3) Special general meetings of the Society shall be held when and where considered necessary by the Council.

(4) The Council upon a requisition made in writing by not less than 7 members of the Society shall convene a special gene­ral meeting. Every such requisition shall specify the objects of the meeting required, and shall be signed by the members making the same, and shall be deposited with the Secretary of the Society.

(5) The quorum of a general meeting shall be 40 per cen­tum of practising members personally present at the meeting.

11.  Any deed or document requiring signature on behalf of     the Society (save for drafts and cheques) shall be signed by the" President and Secretary of the Council-

12. The Council may from time to time make Rules dealing with the following matters —

(a) what shall be considered unprofessional or unethical or unworthy conduct on the part of legal practitioners;

(b) the proper and effective management and control of the affairs of the Society and of its members;

(c) the practice of the individual professions of advocates, attorneys, notaries public or conveyancers;

(d) convening and regulating the proceedings of or at meet ings of the Council and Society and the methods of vot­ing thereat;

(e) the annual subscriptions and other payments to be made by members of the Society and the method of enforce­ment of the payment thereof;

(f) the fees and charges payable to and chargeable by mem­bers;

(g) regulating the amount of and the persons to whom allow­ances may be made by members and of prohibiting the sharing of fees with unqualified persons;

(a) regulating the taking of clerks under articles, providing for the registration of articles of clerkship, and any ces­sion thereof, by the Society, and the form of articles of clerkship;

(i) fines and penalties for the breach of non-observance of the Rules of the Society, and the recovery thereof, and the manner of deciding disputes between a member, or former member, or any person whose claim is derived from a member or former member and the society or any officer of the Society, the suspension of members in cases of misconduct, from the right to attend meetings or to vote;

(j) the admission of Honorary Members;

(k) the establishment of a Bar Council of advocates, and providing for its constitution powers and duties, its ma­nagement and all the connected matters;

(1) demand, acquire, accumulate and dispose of monies, for or in relation to the Fidelity Fund;

(m) generally for the attainment and carrying out of the ob­jects of the Society, the protection of members and the advancement of the interests of the profession;

13. All fines and penalties imposed under this Act shall be recoverable by the Society in the manner prescribed for the re­covery of debts

14. The members of the Council shall not be personally sub­ject or liable to any action or proceedings for damages on the ground of defamation or otherwise, In the bona fide execution of their duties and the taking of any steps or the institution of any proceedings under this Act

15. The financial year of the Society shall end on the 31st day of March of each year.

 

 

THE SCHEDULE     

Section 2(5) PART I

Law Society Rules 1983 (Section 12)

1.  The office of the Secretary for the time being shall be the office of the Society.

2.  The Secretary shall during his term act as the custodian of all books, documents, papers and securities belonging to or filled with the Society.

3.  The Secretary shall keep a record of minutes of all proceedings of the Council and of the Society; shall keep all ne­cessary documents appertaining to his office; shall send or post all necessary notices; and shall perform all other duties appertain­ing or incidental to his office.

4.   (1) All subscriptions and other monies accruing to the Society shall be paid to the Treasurer, who shall with all conve­nient speed deposit the same to the credit of the Society in a bank­ing account to be opened by the Council in the name of the So­ciety.

(2) A separate account shall be opened and maintained for the deposits of contributions towards the Fidelity Fund.

(3) Payments into the Fund shall be made on or before the 31st March of each year of practice and shall be determined by the Council.

5.   The Secretary shall make and keep an alphabetical roll of members reflecting in separate columns the business address of each member, the class of membership, the firm name or style under which he practises, and whether he is a partner of such firm or a professional assistant and particulars of the death or discon­tinuance of practice of any member.

6. The Council may from time to time appoint such sub-committees as may be deemed necessary, either from its own ranks or from the general membership of the Society or from both.

Council Meetings

7.   (1) Ordinary meetings of the Council,  of which  three days, notice shall be given to each member of the Council, shall be held at least once every month.

(2) Special meetings of the Council shall be convened by the President or Vice-President, if any unforeseen emergency render it necessary, by giving notice thereof by telegraph, telephone or otherwise, one clear day at least prior to the day of the meeting.

8. Except as otherwise provided in this Act, all questions arising at Council meetings shall be decided by a majority of votes of members present in person. In all cases the Chairman shall in the event of any equality of votes have a casting vote in addition to his vote as a member. Every member of the Council present at a meeting of the Council must record his vote on any question arising at such meeting.

9. At all meetings of the Council, the President (if present) shall take the chair, and in his absence the Vice-President shall do so. In the absence of both the President and the Vice-President the chair shall be taken by any member elected for this purpose by those present at the meeting.

10. In the absence of a quorum after the lapse of fifteen mi­nutes beyond the time appointed for a meeting, the Chairman may adjourn the meeting to the next business day.

11. Minutes of the proceedings of every meeting of the Council shall be kept by the secretary, or in the event of his ab­sence by some other person appointed for the occasion by the Chairman, a fair copy of which minutes shall be made in a book to be kept for that purpose; which minutes, after having been read and approved, shall be signed by the Chairman at the next suc­ceeding meeting of the Council

Annual General Meetings

12. (1) Written notice of every annual general meeting to be held in terms of the Act shall be sent or posted to members of the Society by the secretary at least seven clear days before the day appointee for the meeting.

(2) Such notice shall state the business to be transacted at such meeting.

13. The business to be transacted at an Annual General Meeting shall be:

(a) the consideration of the President's report for the then past year;

(b) the reading and confirmation of the minutes of the pre-ceeding annual general meetings unless already confir­med at a prior special general meeting;

(c) the consideration and adoption with or without modifica­tion of the statement of accounts for the past year balan­ce sheet;

(d) the election of the Auditor and the fixing of his remu­neration;

(e) the consideration and transaction of any business which the Council may consider necessary to submit to the meeting;

(f) the consideration and transaction of any special business of which due notice shall have been given by any mem­ber;

(g) the consideration and transaction of any general matters raised by any member.

Special General Meetings

14. Notice of every special general meeting shall be sent to every member by the Secretary at least seven clear days before the day for the holding of the meeting, and shall state the business for which the meeting is called. The Council, however, in case of urgency, as to which it shall be the sole judge, may call a meet­ing at shorter notice than is specified in this Rule.

15. No business shall be transacted at any special general meeting other than the business for which such meeting has been specially called.

Provisions applicable to all general meetings

16. If on the day appointed for the holding of any general meeting no quorum is present at the time appointed for the meet­ing or within fifteen minutes thereafter, no business shall be dealt with, but the meeting shall stand adjourned for 7 days, and in case there shall not then be sufficient members present the meeting shall stand adjourned for a further 7 days and so on from time to time as often as this shall happen, until a quorum shall attend, in which case the meeting shall proceed to business and not before:

Provided however, that if such meeting is a special gene­ral meeting requisitioned in accordance with this Act and there is no quorum present at the meeting held after the first adjournment the meeting shall be considered dissolved; and provided further that if any date to which a special general meeting shall be adjourned is a public holiday, that meeting shall be held on the first succeeding day not being a public holiday or a Sunday.

17. Any general meeting at which a quorum shall be present may be adjourned to such time and place as may be deeded at the meeting.

18. Whenever a notice of any special business has been given by a member and included in the notice convening a general meeting, and the member who gave the notice is not present and has not withdrawn it, any member present may, with the consent of the Chairman adopt it as his own, and move it as if the notice had been given by him.

19. Except where in these Rules it is otherwise provided, all questions raised at general meetings shall be decided by a ma­jority of practising members present and voting in person. In all cases except the case of contested election of members of the Council the Chairman of the meeting shall in the event of an equality of votes have a second or casting vote in addition to his vote as a member.

20. Minutes of the proceedings of every general meeting shall be kept by the Secretary and in the event of his absence, by any other person appointed for the occasion by the Chairman, a fair copy of which minutes shall be made in a Minute book to be kept for that purpose and shall be signed as correct by the Chair­man at the first succeeding Council meetings.

21. At all general meetings the President, if present or in his absence the Vice-President, and in the absence of the President and the Vice-President then one of the members of the Council to be chosen by the Council and in the absence of the President, Vice-President and all members of the Council, then some me­mber of the Society, to be chosen at the meeting shall preside as Chairman.

 22. The Council shail cause proper accounts to be kept of the income and expenditure of the Society, and of the property, assets and liabilities of the Society, and the accounts, shall be clos­ed annually on the 31st day of March, after which the statement and balance sheet to be submitted to the next annual general meeting shall be made out

23. At least 7 clear days before every annual general meet­ing the President's Report, the statement of account for the past year and the balance sheet of the Society, after submission to and approval by the Council the statement and balance sheet being signed by the Auditor, shall lie for inspection of the members at the office of the Secretary.

24. (1) The tariff of fees shall be as appears in PART II of the Schedule to these Rules.

(2) The Council may from time to time frame tariffs of fees chargeable by and payable to legal practitioners in respect of which no tariff is otherwise provided, and such tariffs when ap­proved as aforesaid shall be binding on all members, and no agree­ment shall be made by any member with any ether person with a view to, or which may be fairly calculated to remit in, any work for which fees is provided by such tariff being done on a lower scale than that provided by the tariff.

25. Annual subscriptions paid by the members shall be M50 and shall be paid in advance.

26. All subscriptions or other money payable to the Society shall be paid to the Treasurer. All drafts and cheques drawn on the bankers against the funds of the Society shall be signed by the President or Vice-President; and Treasurer, and all drafts and cheques paid to the Society shall be endorsed by the President or Vice-President or the Treasurer

27. If any member fails to pay his annual subscription to­wards contribution to the Fidelity Fund in respect of any year by the 31st March in that year, the Secretary shall, by letter, draw his attention to; the fact that if the subscription or contribution in arrear is not paid within 7 days from the date of such letter or within such further time as the Council may grant, proceedings for recovery thereof may be taken; or that practising certificate referred to under Legal Practitioners Act 1983 shall not be issued.

23. The Council may, impose upon any member it may find to have contravened these rules or to have been guilty of unprofes­sional or dishonourable or improper conduct a fine or penalty not exceeding M100.00 in respect of each contravention.

 

PART II

TARIFFS (rule 24)

 

ITEM 1 — Tariff of fees:

Agreements, Acknowledgements of Debt, Statements, Affidavits Wills and any other important documents:

(a) For taking instructions, drawing and attending to sig­nature of deeds of sale of immovable property:

(i) for the first half hour or part thereof — M15.00; and thereafter for every half hour or part thereof — M7.50;

(No fee shall be charged for typing and making of copies normally required)

or

(ii) a fee of M4.00 per folio for the drawing of the docu­ments; or

(iii) any amount between the alternative fees calculated in accordance with sub-paragraphs (i) or (ii) above

(b) In all matters mentioned in this item there shall be a minimum fee for consultation and/or time necessarily occupied to consider and prepare for the drawing of any other documents of M3.75 per quarter hour or part thereof.

(c) For the drawing of agreements, acknowledgements of debt, statements, affidavits, wills and other important documents, with the exception of agreements of sale of immovable property as provided by Item 1 (a) and of agreements of sale of shares in a company, as provided in Item 1 (g):

(I) A fee of M7.50 per half hour or part thereof for the - drawing of the document; or

(ii) A fee of M3.00 per folio for the drawing of the do­cument; or

(iii) Any amount between the alternative fees calculated in accordance with sub-paragraphs (i) or (ii) above.

(d) Unless otherwise provided the minimum fees for draw­ing given above, shall include the making of an original and two copies.

(e) Unless otherwise provided, the making of any extra copies shall be charged for in accordance with the pre­vailing High Court tariff for copying.

(f) A folio shall be 100 words or part thereof.

(g) For the drawing of an agreement of sale of the shares in a company, fees shall be calculated on the following basis:

 

Consideration Fee

(i) Between M1,00 and M12 000,00 — M120,00

(ii) Between M12 001.00 and    — M10,00 per M20 000,00 (or part thereof)

(iii) Between M20 001,00 and   — M200.00 plus M50 000,00 M4.00 per M1 000,00 or part thereof, above M20 000,00

(iv) Between M50 001,00 — M300.00 for the and M100 000,00 first M100 000,00 plus M1,00 per M1 000,00 or part thereof

(v) Above M100 001,00 — M400.00 for the first M100 000,00 plus M1.00 per M1 000,00 Ml 000,00 or part thereof:

Provided that a fee for drawing an agreement of sale of shares in a company shall in all cases be a minimum of M120.00.

"Consideration" for the purpose of this sub-head shall be the gross value  of the assets of the company, including goodwill, on which the purchase price of the shares is based, but with­out necessarily including unexpired values, payments in ad­vance and similar items-

(h) Full fees must be charged on the basis set out under items 1 (c) and (g) above for the drawing of a draft of a document

(i) For the re-drawing of any document or portion thereof on further instructions, a fee of M7.50 per half hour or portion thereof shall be charged, plus a charge for mak­ing copies in accordance with the prevailing charges al­lowed for copying in the High Court tarrif

 

ITEM 2   Applications:

The fees set out under this heading, shall include all normal attendance and consultations, as well as the drawing and typing of all normal documents. All extra attendances and consultations shall be charged for at a minimum of M3.75 per quarter hour or part thereof, and all additional documents shall be charged for in accordance with the tariff as set out under Item 1 above.

(a) Liquor Licences:

(i) NEW LIQUOR LICENCE:

If unopposed :   M 60.00

If opposed and no advocate is briefed   :   M 30,00

If opposed and an advocate is briefed      M100,00

Simultaneous application for additional licence in respect of same business and premises :  M 75.00

(ii) Renewal of a Liquor Licence M 50,00

Renewal of bottle store and wholesale licences or breweries and wholesale licences when held in conjunction in res­pect of same business and premises      :  M 75.00

(iii) Transfer of a Liquor Licence :   M 50.00

Application for a special meeting of a Liquor Licensing Board to be held if no application to court is necessary    M 45.00

(iv) Obtaining a temporary or a late hours occasional licence :   M 25,00

(vi) Application for transfer upon change of business premises :  M 50,00

(vi) Application for transfer upon charge of nominee :  M 10,00

(vii) Any application if the documents are prepared by a correspondent :   One-third of the fee for the applica­tion.

(viii) Opposing any application:    M 30,00

(b) Trading Licences:

Application to Licensing Board for Trading Licence or Trading Licences in respect of a business, including all normal documents, correspondence and attendances :   M 35.00

 

ITEM 3   Deceased Estates:

Administration of Estates on behalf of Executor One half of the Executor's fees calculated according to the Master's tariff.

 

ITEM 4   Proving Claims:

Proving any claims against insolvent estates or companies in liquidation:

(a) Taking instructions and drawing affidavit      M   5,00

(b) Drawing powers of attorney M  2,00

(c) Drawing resolution (if necessary) :   M   2,00

(d) Attending meeting of creditors, for every quarter hour or part thereof : M 3.75

 

ITEM 5  Collection Charges:

A. (1) A member to whom a liquidated monetary claim is handed for collection by reason of any default on the part of a debtor shall, in addition to any professional fees (e.g. the charges for any proceedings in any court of law) be obliged to make, and shall be limited to the following charges, namely:

(a) A basic charge of M1,00 which shall include the charge for the letter of demand; and

(b) Commission at the rate of 10 per cent on the amount collected, subject to a maximum of M50.00 per payment or instalment, provided that, where the member reco­vers commission from the debtor, either in terms of any law or in terms of a contractual obligation, he shall cre­dit his client with the amount thus recovered.

(c) The charges set out under Item A (1) (a) and (b) above, shall be made irrespective of whether legal pro­ceedings are instituted or not, and irrespective of whether the costs of any such legal proceedings are re­coverable from the debtor.

(2) For the purpose of this rule the words "amount col­lected" include any payment made by or on behalf of any debtor direct to the client, whether in cash or in kind, or by way of no­vation or set-off. after the account is handed to the member for

collection,

(3) Notwithstanding Item A (1) (b) a member may. where the total commission chargeable by him in any one matter exceeds M150.00, waive or reduce his commission charges by the amount by which they exceed the sum of M150.00.

B. In the case of the final recovery or repossession of movables in terms of hire purchase agreements, suspensive sales agreements leases or agreements of a like nature, a member shall, in addition to any professional fees, be obliged to make.

and shall be limited to, a charge equivalent to collection com­mission calculated in terms of Item A (1) and (3) above upon the value of the goods so repossessed or recovered, which value shall be —

(a) the value placed upon the movables by the court in ar­riving at a final judgement, failing which;

(b) the value fixed upon the movables by a sworn appraiser;

Provided that where the total of the amounts owing under the agreement are less than the value of the movables, then the charge shall be calculated upon such total and not upon the value of the movables; or where no value has been fixed upon the movables in terms of either sub­paragraphs (a) or (b) above, the charge shall be calculated upon the total of the amounts owing under the agreement The Council may, on the written application of a member, but then only in exceptional circumstances, authorise such mem­ber to depart from the provisions of this Rule.

C   CORRESPONDENCE AND ATTENDANCE:

(a) Letters not already included in the tariff:

20c for the first two folios and 10 per folio thereafter (a folio being 100 words or part thereof)

(b) Any attendance other than consultations     :  10c

(c) Members may, depending upon the amount. Importance or complexity of the work done, charge up to 50c for the first 2 folios and 30c per folio thereafter (a folio being 100 words)  and for any attendance other than consultations 30c

ITEM 6 Registration of Private Companies

(a) Taking instructions, reservation of a name, drawing Memorandum and Articles as well as all other documents which are normally re­quired in regard to the registration of a simple company, including all normal corres­pondence and attendances M200.00

(b) Taking instructions and any other consulta­tion, discussion and attendance not covered by this item: M3.75 quarter hour or part thereof.

(c) Drawing of pre-incorporation agreement or any other agreement, document or letter not covered by (a) above: M15,00 for the first half hour or part thereof, and thereafter for every half hour or part thereof.

(No fee shall be charged for typing the agreement and the making of copies thereof normally required) M 750

ITEM 7   Consultations etc-

(a) (1) Any attendance or consultation in res-

pect whereof no special provision has been made except as provided in sub-para. (ii) below:

M3.75 per quarter hour or part thereof.

(ii) Simple, formal or brief attendances in respect whereof the above tariff can­not be reasonably applied m  1,00

(iii) Where it is necessary for a member during normal office hours to leave his offices at the request of his client, for any attendances or consultation which could normally have, been done in his offices: M5.00 per quarter hour exclud­ing travelling costs, if any.

(b) Any attendance or consultation after normal office hours, or drawing any documents, after normal office hours at the request of the client: One and a Half times the fees" which are pres­cribed therefor in this Tari5.

(c) (i) Taking instructions and arranging a distribution with creditors: M35.00: Provided that if there are not more than five creditors this fee may be reduced to a minimum of M15,00.

(ii) Further work, making of periodical dis­tributions and remitting moneys to cre­ditors: 10 per cent on all amounts receiv­ed plus 50c for each letter other than letters remitting distributions to creditors.

(d) (i) Drawing letters except where other­wise provided in this tariff: M1.20 per folio.

(ii) Attending receipt of, perusing and consi­dering, any documents including letters: M1,00 per folio with a minimum of 75c excepting formal letters for which a fee of 50c shall be charged.

(iii) Notwithstanding the provisions of sub-paragraps (i) and (ii) above, a member shall be entitled to charge fees as set out in Item 1 for the drawing of import­ant or involved letters, and he shall fur­thermore be entitled to charge fees as set out under Item 7 (a) (i) hereof in respect of the perusal or consideration of important or involved documents or letters.

 

ITEM 8   Conveyancing and Notarial:

(1) Land Act Applications:

(a) Preparing all prescribed forms and ap­plying for issue of Lease (including all re­lated correspondence and attendances)     :  M120.00

(b) Preparing prescribed form and applying for Consent in terms of section 35 (including all

related correspondence and attendances)      M 30,00.

(2) Transfers and endorsements:

(a) For all work in connection with the transfer of a Lease, the fee shall be as set out in Column B of the Schedule contained in Sub-Section (5) hereunder

(b) If more than one property is included in the same instrument of conveyance, an additional fee of M8.00 for each additional property is chargeable.

(3) Bonds:

(a) The fee for mortgage bonds, including surety mortgage bonds, the fee shall be as set out in Column C of the Schedule contained in Sub-Section (5) hereunder.

(b) The fee for collateral bonds, being mortgage bonds passed as security for another bond, shall be M80.00.

(c) If more than one property is Included in any bond referred to in sub-paragraphs (a) or (b) above, an additional fee of M4.00 each additional property is chargeable.

(4) Notarial Bonds:

(a) The fee for notarial bonds, including surety notarial bonds, shall be as set out in Column D of the Schedule contained in Sub-Section (5) hereunder.

(b) The fee for collateral notarial bonds passed as additional security for a mortgage bond or another notarial bond shall be M107.00.

(5)   Schedule of fees:

Column A

Column

Column

Column

 

B

C

D

Purchase price or value  property or amount of bond

Fees for Conveyance of  immovable

property

 

Fees for

mortgage

bonds

Fees for

notarial

bonds

 

M

M

M

M400 or less

100

70

35

Over M400 up to and including M1 000

113

90

115

Over M1 000 up to and including M2 000

155

100

130

Over M2 000 up to and including M4 000

180

120

150

Over M4 000 up to and including M6 000

220

135

160

Over M8 000 up to and including M8 000

235

150

175

Over M8 000 up to and including M 10 000

250

170

195

Over M10 000 up to and including M12 000

270

180

210

Over M12 000 up to and including M14 000

290

200

230

Over M14 000 up to and including M16 000

500

215

240

Over M16 000 up to and including M15 000

315

235

260

Over M18 000 up to and intruding M 20 000

335

255

280

Over M20 000 up to and including M25 000

370

280

310

Over M35 000 up to and including M30 000 -

400

300

330

Over M30 000 up to and including M35 000

430

330

355

Over M35 000 up to and including M40 000

470

350

375

Over M40 000 up to and including M45 000

500

375

400

Over M45 000 up to and including M50 000

535

400

430

Over M50 000 up to and including M60 000

560

420

450

Over M60 000 up to and including M70 000

600

455

480

Over M70 000 up to and including M80 000

630

475

500

Over M80 000 up to and including M90 000

665

300

530

Over M100 000 up to and including

 

 

 

M150 000

780

590

810

Over M150 000 up to and including

 

 

 

M200 000

 

Over M200 000

885 865

620

 

620

650 650

 

for the first

M20 000, plus

M170 per

M100 000

or part thereof thereafter

for the first

M200,000

plus M170

per M100,000

or part thereof

thereafter

for the first

M200,000

plus M170

per M100,000

or part thereof

thereafter

 

 

 

 

 

(6) Marriage Contracts:

For taking instructions, drawing contract and necessary co­pies, attending on execution, notarial attestation and registration. Including all correspondence and other necessary attendances: M47.00.

(7) Other Notarial Deeds:

(a) For the framing and registering of any notarial waiver of preference by mortgagee, usufructuary or other holder of a limited interest, or other notarial consent re­quired under the Act or these regulations: M40.00

(b) For the framing and registering of any notarial lease, servitude, prospecting contract, donation or other nota­rial deed (other than those elsewhere specially provided for in this Tariff), a fee assessed according to the length and complexity thereof, with a minimum of M60.00.

(8) Cancellation. Cession or variation of bonds, release of per­sons or property from bonds, and waiver of preference la regard to raking of bonds:

(a) (i) For drawing consent to cancellation of bonds, con­sent to cancellation of cession of bond, release of property or person from a bond, consent to reduc­tion of cover, consent to part payment of capital, framing waiver of preference in regard to the rank­ing of a bond, waiver of preference in respect of real rights in land, consent of mortgagee, usufructuary, lessee or holder of other limited interest required by the Act or these regulations and not otherwise provided for in this Tariff (not notarial) and attend­ing registration thereof, inclusive of instructions, correspondence and all relevant attendances except attendances on the Office of the Master of the High Court:   M30.00.

(ii) Attending to all matters referred to in item (a) above in respect of any second or subsequent bond or bonds when such document or documents has or have been drawn by the same conveyancer who drew the first bond between the same parties over the same property and such documents are or can be lodged simultaneously as a set:  M12 per bond.

(iii) If more than two properties are included in any re­lease referred to in item (i) or (ii) above, there shall be a further fee of M1,00 for each additional property over and above the first two properties

(b) For drawing cession of bond including instructions and drawing consent of mortgagor where necessary, attend­ance on mortgagor and mortgagee, correspondence and all relevant attendances including registration, but ex­cluding attendances on the Office of the Master of the High Court: M35.00.

(c) For drawing agreement varying the terms of a bond in­cluding instructions, attendances on mortgagor and mortgagee, correspondence and all relevant attendances including registration, a fee assessed according to the length and complexity, with a minimum of M50.00 and a maximum M100,00.

(d) For drawing consents to substitution, including instruc­tions, all attendances on mortgagee and new debtor, cor­respondence, and miscellaneous attendances, including registration but excluding attendances on the Office of the Master of the High Court: M47.00.

(e) If any of the documents referred to in this rule are re­quired to be signed by more than one mortgagee, mort­gagor, usufructuary, lessee or holder of other limited in-interest. there shall be an additional fee of M2.00 for each such additional person after the first.

(f) Where it is necessary to attend on the Office of the Master of the High Court in connection with any of the matters referred to in items (a), (b) and (d) above, the following additional fees shall be allowed:

(i) For obtaining Master's Certificate and estate duty certificate or either of them — per estate for any number of certificates which are or can be applied for simultaneously: M10.00.

(ii) For obtaining copies of all necessary documents which are or can be included in one application — per estate:   M4.00

(9)   Miscellaneous:

(a) For attendance on behalf of transferor or transferee, mortgagor or mortgagee, or any other person, supervis­ing the registration of the transfer or bond or supervis­ing the bond, when the documents are being prepared and lodged by another Conveyancer, inclusive of all ins­tructions, correspondence, and miscellaneous attendan­ces relevant to such supervision —

(i) where the value of the property or amount of the bond does not exceed M20 000:  M20.00;

(ii) where the value of the property or amount of the bond exceeds M20 000:   M34,00.

(b) For attending deeds registry for certificate of any act of registration required:   M14.00.

(c) (i) For procuring registration of change of name —

M27.00 plus M3.00 for every extra deed after the first deed;

(ii) For procuring an amendment of any deed — M20.00 plus a fee of M3.00 for every extra deed;

(iii) For preparing and lodging consent of any interested party, including any bondholder, to any amendment in terms of this item   M14.00.

Note:_The above fees include instructions, the drawing of ne­cessary applications, correspondence and all relevant attendances and, where advertising is necessary, also include the drawing up and placing of the necessary advertisements.

(d) Attendance and searching at deeds registry for informa­tion required, other than information required for pre­paration or registration of a deed, including instructions, correspondence and all relevant attendances, per quarter hour or part thereof: M7.00.

Reporting per folio:   M3.00.

(e) For drawing notice of application for issue of a certifi-ed copy of a deed to serve in lieu of the original includ­ing instructions, application to registrar, filing all neces­sary documents, correspondence and all relevant at­tendances: M40.00

(f) For attendances in order to obtain a certified copy of any deed or document from deeds registry for any purpose, other than to serve in lieu of the original inclu­sive of instructions, filing of necessary documents, cor­respondence and all relevant attendances: M14.00, plus an additional fee of M3.00 for every deed after the first which can be applied for in the same application

(g) For making and authenticating necessary copies and at­tendances on recording or registration of any document not elsewhere provided for in this tariff, including re­gistration of general powers of attorney, copies of ante­nuptial contracts, duplicates of notarial bonds previous­ly registered in another deeds registry and other like documents, inclusive of taking and giving instructions, correspondence and all relevant attendances: M12.00 plus a fee of 27c per folio for making and authenticating each copy recorded or registered in the deeds registry.

(h) For attending on filing at deeds registry of any docu­ment relating to any person, partnership, association or company, where such filing is independent of any parti­cular act of registration or being attended to by that conveyancer, inclusive of instructions, correspondence and all relevant attendances:  M8.00.

(i) For attendance on taxation where required, including all necessary relevant attendances and correspondence: A fee equal to 5 per cent of the fees allowed on taxation shall be chargeable by the conveyancer submitting the bill of costs, and a fee equal to 5 per cent of the total fees originally reflected in that bill of costs shall be chargeable by the conveyancer opposing taxation, sub­ject to a minimum fee of M7.00 in respect of each con­veyancer.

ITEM 9   — Bills of Costs and Taxation:

fa) Item 1 (c) and 7 of this Tariff shall be applicable to the drawing of any bills of costs and to all attendances in connection with the taxation of any bill of costs

(b) (i) It shall be competent for the Council or any com­mittee appointed by the Council for that purpose, at the request of any person or practitioner, to assess the fees payable by such person to a practitioner who is a member of the Society, in respect of the performance on behalf of such person of any work by the practitioner in his capacity as such: Pro sided that the Council or the committee shall not as­sess fees in instances where a state official is empowered to do so or where the work concerned is already covered by a statutory tariff.

(ii) With a view to affording the practitioner reasonable and adequate remuneration for the services render­ed by him. the Council or the committee, as the case may be, shall, on every assessment, allow all  such fees as appear to it to have been reasonable for the performance of the work concerned, and in so doing shall take cognizance of the following: The amount and importance of the work done; The complexity of the matter, of the difficulty or novelty of the work or the question raised; The skill, labour, specialised knowledge and respon­sibility involved on the part of the practitioner;

The number and importance of the documents pre­pared or perused, without necessarily having regard to length;

The place where and circumstances in which servi­ces or any part thereof were rendered; The time spent by the practitioner; Where money or property is involved, its amount or value;

The importance of the matter to the client;

The quality of the work done;

The experience or seniority of the practitioner; and

Any tariff of fees approved by the Society for the sole purpose of serving as a guide to practitioners;

(iii) At the assessment of any practitioner's fees, the Council, or the committee as the case may be, may call for the production of such books, documents, papers or accounts as in its opinion are necessary to enable it properly to determine any matter arising upon such assessment

(iv) The Council, or the committee as the case may be. shall not proceed to the assessment of the fees un­less the Secretary of the Society has duly given no­tice by prepaid registered post to both the practitioner and the person liable to pay fees, stating the time and place of such assessment and recording that he is entitled to be present and represented thereat:

Provided that such notice shall not be necessary if both the practitioner and such person have consented in writing to assessment in their absence

When the Council, or the committee as the case may be, has arrived at its decision it shall deliver to both the practitioner and such person either by hand or prepaid registered post, a copy of the fee list sub­mitted for assessment, duly endorsed with the deci­sion of the Council, or the committee as the case may be under the hand of the Secretary of the Society.

Subject to the Act, fees determined in terms of the decision shall be deemed to be a reasonable fee payable to the practitioner for the services render­ed

(v) The Council, or the committee as the case may be, shall be entitled in its discretion at any time to de­part from any of the provisions of sub-paragraph (ii) of this item in extraordinary or exceptional cases, where strict adherence to such provisions would be inequitable.

(vi) Sub-paragraph (v) of this item shall not apply to any work done pursuant to a mandate accepted by a member prior to the date of promulgation of this rule, whether the work is actually done before or after the said date-

(vii) Where services of Counsel are required, the scale of fees set out in the High Court Rules shall apply, pro­vided that the member and his client may agree on higher fees to be taxed by the Registrar.

 

ITEM 10  Minimum fees Chargeable:

(a) For non-contentious or non-litigious work which is not already covered by a statutory tariff, the minimum tariff of fees prescribed under this Tariff shall apply.

(b) Members may, dependent upon the amount involved or the importance, volume or complexity of work done, or the seniority of the member or his experience in the specific field, increase the fees herein stipulated accord-dingly except for the fee prescribed under Item 5 which may not be increased.

(c) No member may charge less than the minimum fees prescribed herein.

(d) Any member who intentionally breaches the foregoing rule shall be guilty of unprofessional conduct.