Legal Practitioners Act 15 of 1995

Legal Practitioners Act 15 of 1995
(GG 1141)
brought into force on on 7 September 1995 by GN 150/1995 (GG 1148)
as amended by
Legal Practitioners Amendment Act 4 of 1997 (GG 1586)

came into force on date of publication: 26 June 1997
Legal Practitioners Amendment Act 10 of 2002 (GG 2849)
came into force on date of publication: 7 November 2002
Legal Practitioners Second Amendment Act 22 of 2002 (GG 2892)
brought into force on 1 November 2005 by GN 139/2005 (GG 3529)
There is an Act named the Legal Practitioners Amendment Act 6 of 1999 (GG 2126). However, this
Act did not amend Act 15 of 1995 but rather temporarily suspended sections 79(1), (2) and (3) until
such time as they were reinstated by the Minister by notice in the Government Gazette.
Act 6 of 1999 was repealed by Act 22 of 2002 (GG 2892), which was brought into force on
1 November 2005 by GN 135/2990 (GG 3529). Section 79 of Act 15 of 1995
was in any event repealed by Act 22 of 2002.
ACT
To consolidate and amend the laws relating to the legal profession and legal practitioners;
and to provide for matters connected therewith.
(Signed by the President on 23 August 1995)
ARRANGEMENT OF SECTIONS
PRELIMINARY
Section
1. Definitions
PART I
ADMISSION AND ENROLMENT
Republic of Namibia 2 Annotated Statutes
2. Roll of legal practitioners

3. Admission of legal practitioners
4. Persons qualified to be admitted as legal practitioners and application for admission
5. Academic and professional qualification
6. Enrolment of persons who were enrolled as attorneys or advocates before the
commencement of this Act
7. Juristic person may conduct a practice
8. Establishment and constitution of Board for Legal Education
9. Alternate members of the Board
10. Vacation of office and filling of casual vacancies
11. General functions of the Board
12. Committees of the Board
13. Meetings of the Board
14. Performance of administrative work of the Board
15. Remuneration and allowances of members of the Board
16. Justice Training Centre
PART II
PRIVILEGES, RESTRICTIONS AND OFFENCES IN
CONNECTION WITH PRACTICE
17. Privileges of legal practitioners

18. Right of audience in the Supreme Court
19. Right of audience of candidate legal practitioners
20. Prohibition against practising without fidelity fund certificate
21. Certain offences by unqualified persons
22. Unqualified persons not to prepare certain documents or instruments
23. Prohibition against practising by or in association with legal practitioners struck off the
Roll or suspended from practice
24. Saving in respect of certain officials acting under a delegation of the Prosecutor-General
PART III
KEEPING OF ACCOUNTS BY LEGAL PRACTITIONERS
25. Legal practitioners’ books of accounts and power of Council to inspect

26. Opening of trust banking account
27. Trust account moneys not part of the assets of legal practitioner
28. Control of operation of trust account
29. Rights and duties of banking institutions and building societies with respect to trust
accounts
30. Rights of legal practitioner with respect to money in trust account
31. Offences in relation to trust accounts
PART IV
DISCIPLINE AND REMOVAL FROM AND RESTORATION TO THE ROLL
32. Removal from Roll or suspension from practice of legal practitioners

33. Unprofessional or dishonourable or unworthy conduct
34. Disciplinary Committee
35. Powers and procedure of Disciplinary Committee with respect to legal practitioners
36. Powers and procedure of Disciplinary Committee with respect to candidate legal
practitioners
37. Power of Court
38. Restoration to Roll
39. Rules governing Disciplinary Committee
PART V
LAW SOCIETY OF NAMIBIA
40. Establishment of Law Society

41. Objects of Law Society
42. Powers of Law Society
43. Membership of Law Society
44. General meetings of Law Society
45. Council of Law Society
46. Vacation of office and filling of casual vacancy in Council
47. Duties of Council
48. Powers of Council
49. Committees of Council
50. Meetings of Council
51. Income of Law Society exempt from tax
52. Power of Council to make rules
PART VI
LEGAL PRACTITIONERS’ FIDELITY FUND
53. Legal Practitioners’ Fidelity Fund

54. Purpose of fund
55. Fund to vest in and to be held in trust by board of control
56. Constitution of board of control
57. Period of office of members of board of control
58. Vacation of office by members of the board of control
59. Chairperson of board of control
60. Meetings of board of control
61. Committees of board of control
62. Validity of resolution signed by all members of board of control
63. Revenue of fund
64. Banking account
65. Audit
66. Insurance contracts for purpose of indemnifying fund and legal practitioners
67. Exemption of certain legal practitioners from requirement to hold a fidelity fund
certificate
68. Application for and issue of fidelity fund certificate
69. Contributions to fund by legal practitioners
70. Payments from fund
71. Grants from fund for education or research in law and for enhancement of professional
standards of legal practitioners
72. Limitation of liability of fund
73. Procedure for instituting claims against fund
74. Actions against fund
75. Subrogation
76. Exemption of fund from certain provisions of certain laws
77. Indemnification in respect of certain acts
78. Preservation and disposal of records and documents in possession of board of control
PART VII
GENERAL
79.
[section 79 deleted by Act 22 of 2002]
80. Rules of court
81. Regulations
82. Evidence
83. Oath or affirmation upon admission and enrolment
84. Legal Practitioners are officers of the Court
85. Reciprocal arrangements and certificate of authorization to act m Namibia
86. Notaries public
87. Practice of conveyancing
88. Transfer of assets, rights, liabilities and obligations to Law Society
89. Transitional provisions in relation to Council of the Law Society
90. Transitional provisions in relation to Legal Practitioners’ Fidelity Fund Board of Control
91. Transitional provisions in relation to practical legal training and obtaining of fidelity fund
certificate or exemption by existing advocates
92. Interpretation of certain references in laws
93. Amendment of the High Court Act
94. Repeal of laws and savings
95. Short title and commencement
Schedules
BE IT ENACTED by the Parliament of the Republic of Namibia as follows:-
PRELIMINARY
Definitions
1. In this Act, unless the context otherwise requires -
“banking institution” means an institution registered otherwise than provisionally as a bank in

terms of the Banks Act, 1965 (Act 23 of 1965);
[The Banks Act 23 of 1965 has been replaced by the

Banking Institutions Act 2 of 1998.]
“Board” means the Board for Legal Education established by section 8;
“board of control” means the Legal Practitioners’ Fidelity Fund Board of Control referred to in
section 55;
“building society” means an institution finally registered as a building society in terms of the
Building Societies Act, 1986 (Act 2 of 1986);
“candidate legal practitioner” means a person registered by the Board as undergoing the course
of post-graduate study;
“Centre” means the Justice Training Centre referred to in section 16;

“Council” means the Council of the Law Society referred to in section 45;
“course of post-graduate study” means the course for the training of candidate legal
practitioners referred to in section 16;
“Court” means the High Court of Namibia;
“Disciplinary Committee” means the Disciplinary Committee established by section 34;
“enrolled” means enrolled as a legal practitioner on the Roll;
“fidelity fund certificate” means a certificate issued in terms of section 68;
“fund” means the Legal Practitioners’ Fidelity Fund referred to in section 53;
“investment practice”, in relation to a legal practitioner, means the investment of funds by the
legal practitioner on behalf of another person, or the control or management, whether directly or
indirectly, of such an investment or the collection of interest or capital redemption payments on
such investment on behalf of such person, excluding -
(a) an investment of a temporary nature that is made in the course of and is incidental
to the rendering of a service of a legal nature by the legal practitioner to such
person; or
(b) an investment made by a legal practitioner in the capacity of executor, trustee,

curator or any other ex officio capacity insofar as such investment is required and is
governed by any other law;
[definition of “investment practice” inserted by Act 22 of 2002]
“law centre” means -
(a) a centre for clinical legal education in the Faculty of Law at the University of
Namibia; or
(b) a centre controlled by a non-profit making organisation which provides legal

services without charge;
“Law Society” means the Law Society of Namibia established by section 40;
“legal practitioner” means a person who, in terms of this Act, has been admitted and authorised
to practise as a legal practitioner or is deemed to have been so admitted and authorised;
“Legal Practitioners’ Qualifying Examination” means the examination set and held by the
Centre under section 16;
“Minister” means the Minister of Justice;
“practise” means to practise as a legal practitioner, whether for personal gain or in the service of
a law centre or the State, and “practice” shall be construed accordingly;
“prescribed” means prescribed by rule made under section 52 or by regulation made under
section 81;
“profession” means the profession of legal practitioner;

“professional company” means a company referred to in section 7;
“racially advantaged legal practitioner” means a legal practitioner who belongs to a racial or
ethnic group which was, or is, directly or indirectly, advantaged as a consequence of social,
economic, or educational programmes implemented as the result of racially discriminatory laws
or practices before the independence of Namibia; and “racially disadvantaged legal practitioner”
has the opposite meaning;
[definition of “racially advantaged legal practitioner” (and its opposite) inserted by Act 22 of 2002,
with a semicolon after the word “Namibia” as reproduced above]
“Registrar” means the Registrar of the High Court;
“Roll” means the register of legal practitioners referred to in section 2;
“Rules of Court” means the rules of the Court made under the High Court Act, 1990 (Act 16 of
1990);
“trust account” means an account comprising -
(a) a trust banking account referred to in section 26(1); and
(b) any trust savings or other interest-bearing account referred to in section 26(2) or (3)
opened by a legal practitioner.
PART I
ADMISSION AND ENROLMENT
Roll of legal practitioners
2. (1) The Registrar shall keep a register of legal practitioners to be known as the
Roll.
(2) The Registrar shall enter in the Roll -
(a) the name of every person admitted and authorised to practise as a legal practitioner
in terms of this Act and of every person who in terms of section 6 the Registrar is
required to enrol;
(b) particulars of any order of the Court whereby the name of a legal practitioner has
been ordered to be struck off the Roll or whereby a legal practitioner has been
suspended from practice;
(c) particulars of any decision of the Disciplinary Committee under section 35(8) or of
the Court under section 37 with respect to a legal practitioner;
(d) particulars relating to the death of a legal practitioner or any change in the names
or other particulars of a legal practitioner, of whom the Registrar is notified.
(3) The Registrar shall upon application made to him or her, and upon payment of the
prescribed fee, issue to a legal practitioner a certificate of enrolment in the form set out in
Schedule 4.
Admission of legal practitioners
3. No person shall be admitted and authorised to practise as a legal practitioner or be

enrolled as such, except in accordance with the provisions of this Act.
Persons qualified to be admitted as legal practitioners and application for admission
4. (1) Subject to the provisions of this Act, the Court shall admit and authorise to
practise as a legal practitioner any person who, upon application made by him or her, satisfies
the Court that he or she -
(a) is a fit and proper person to be so admitted and authorised;
(b) is duly qualified in accordance with the provisions of section 5; and
(c) (i) is a Namibian citizen; or
(ii) has been lawfully admitted to Namibia for permanent residence therein and
is ordinarily resident in Namibia; or
(iii) is the holder of an employment permit issued in terms of section 27 of the

Immigration Control Act, 1993 (Act 7 of 1993) for the purpose of
employment in the service of the State.
(2) An application in terms of subsection (1) shall be made to the Court in accordance
with the Rules of Court.
Academic and professional qualifications
5. (1) A person shall be duly qualified for the purposes of section 4(1) if -
(a) he or she holds a degree in law from the University of Namibia, or an equivalent
qualification in law from a university or a comparable educational institution
situated outside Namibia which has been prescribed by the Minister under
subsection (4)(a) for the purposes of this paragraph, and he or she has, subject to
subsections (2) and (3), been issued with a certificate by the Board stating that he
or she -
(i) has satisfactorily undergone practical legal training; and
(ii) has passed the Legal Practitioners’ Qualifying Examination;
(b) he or she holds a degree, diploma or certificate in law which immediately before
the commencement of this Act was prescribed under the Attorneys Act, 1979 (Act
53 of 1979) as a degree, diploma or certificate which entitled a holder thereof to be
admitted as an attorney under that Act, and he or she -
(i) has, after having obtained such degree, diploma or certificate, either before
the date of commencement of this Act or, by virtue of the provisions of
section 94(2), at any time not later than two years after that date, or such
longer period as the Minister by notice in the Gazette may determine,
complied with the provisions of the Attorneys Act, 1979 in regard to service
under articles and passed the practical examinations referred to in section
14(1)(a), (b), (c) and (d) of that Act, or such part or parts thereof from which
he or she has not been exempted by virtue of the provisions of section 13 or

13A of that Act; or
(ii) was, immediately before the commencement of this Act, exempted by virtue
of the provisions of section 13 or 13A of the Attorneys Act, 1979, from
service under articles and from passing the practical examinations referred to
in subparagraph (i);
(c) he or she holds a degree or an equivalent qualification in law from a university or a

comparable educational institution situated outside Namibia which has been
prescribed by the Minister under subsection (4)(b) for the purposes of this
paragraph, and he or she -
(i) has undergone a course of one year undergraduate study provided by the
Faculty of Law of the University of Namibia and has been certified by the
University as having passed all examinations and fulfilled all other
requirements of such course; and
(ii) has, subject to subsections (2) and (3) been issued with a certificate by the
Board stating that he or she -
(aa) has satisfactorily undergone practical legal training; and
(bb) has passed the Legal Practitioners’ Qualifying Examination; or
(cA) he or she holds a degree in law from the University of Namibia, or a degree or
equivalent qualification in law from a university or a comparable educational
institution outside Namibia which has been prescribed by the Minister under
subsection (4)(a) or (b) and who has been issued with a certificate -
(i) by the Minister, after consultation with the Board for Legal Education,
stating that he or she has for a continuous period of five years, and to the
satisfaction of the Minister, performed duties in the service of the State as -
(aa) a magistrate appointed under section 9 of the Magistrates' Court Act,

1944 (Act No. 32 of 1944); or
(bb) Director of Legal Aid or legal aid council appointed under section 3 of
the Legal Aid Act, 1990 (Act No. 29 of 1990); or
[The word “council” in paragraph (bb) should be “counsel”,

to accord with the cross-reference cited.]
(ii) by the Attorney-General, after consultation with the Board for Legal
Education, stating that he or she has for a continuous period of five years,
and to the satisfaction of the Attorney General, performed duties in the
service of the State as a prosecutor in the office of the Prosecutor-General; or
[paragraph (cA) inserted by Act 10 of 2002]
(d) his or her name appears on the list, register or roll of legal practitioners, advocates
or attorneys, or by whatever name called, kept by a competent authority of any
country specified in Schedule 3 to this Act, and he or she -
(i) has, upon his or her application, been exempted by the Board from
complying with the requirements of subparagraphs (i) and (ii) of paragraph
(a), and, where applicable, has complied with any conditions subject to
which such exemption has been granted by the Board; or
(ii) where he or she has not been so exempted, has complied with the provisions
of subparagraphs (i) and (ii) of paragraph (a).
(2) The Board shall not for the purposes of paragraph (a)(ii) or (c)(ii)(aa) of subsection
(1) or section 6(3) certify that a person has satisfactorily undergone practical legal training,
unless the Board, after the consideration of a report by the Director of the Centre -
(a) is satisfied that such person has -
(i) for the full period that he or she attended the course of postgraduate study;
or
(ii) if such person has already passed the Legal Practitioners’ Qualifying
Examination, for a period of not less than 6 months,
continuously been attached to a legal practitioner or legal practitioners for the

purpose of practical legal training; and
(b) considers the standard of training received by such person as adequate for the
purposes of admission as a legal practitioner.
(3) No person shall be permitted to sit for the Legal Practitioners’ Qualifying
Examination, unless the Board, after consideration of a report by the Director of the Centre, is
satisfied that such person has satisfactorily attended and completed the course of post-graduate
study: Provided that a person who holds a degree or equivalent qualification referred to in
paragraph (c) of subsection (1), shall not be entitled to commence with and attend the course of
post-graduate study, unless he or she has passed all examinations of the course of undergraduate
study referred to in subparagraph (i) of that paragraph.
(4) The Minister may from time to time, on recommendation of the Board, prescribe
by notice in the Gazette -
(a) for the purposes of subsection (1)(a), any degree or equivalent qualification in law
from a university or other comparable educational institution in a foreign country,
the legal system of which is based on common law, which shall be accepted as a
sufficient qualification for the purposes of that subsection;
(b) for the purposes of subsection (1)(c), any degree or equivalent qualification in law
from a university or other comparable educational institution in a foreign country,
the legal system of which is not based on common law, which shall be accepted as
a sufficient qualification for the purposes of that subsection.
Enrolment of persons who were enrolled as attorneys or advocates before the

commencement of this Act
6. (1) The Registrar shall enter in the Roll the name of every person who
immediately before the commencement of this Act -
(a) was an attorney in Namibia under the Attorneys Act, 1979 (Act 53 of 1979);
(b) was an advocate in Namibia under the Admission of Advocates Act, 1964 (Act 74
of 1964), who -
(i) was admitted and enrolled as such at any time before the period of 12
months preceding the date of commencement of this Act; or
(ii) was admitted and enrolled as such during the said period of 12 months and
has complied with the requirements of section 3A(1) of that Act or was
exempted therefrom; or
(c) was undergoing articles in Namibia in terms of the Attorneys Act, 1979, having
had his or her name removed from the roll of advocates.
(2) A person who was admitted and enrolled as an advocate in terms of the Ad mission
of Advocates Act, 1964, during the period of 12 months preceding the date of commencement
of this Act, but who has not complied with the requirements of section 3A(1) of that Act, shall,
if he or she, by virtue of the provisions of section 94(3) of this Act, complies with those
requirements not later than 12 months after the commencement of this Act, or such longer
period as the Minister by notice in the Gazette may determine, be enrolled by the Registrar.
(3) A person referred to in subsection (2) who fails to comply with the requirements of
section 3A(1) of the Admission of Advocates Act, 1964 before the expiration of the period
referred to in subsection (2), shall, notwithstanding the fact that he or she was admitted and
enrolled as an advocate in terms of that Act, not be enrolled under this Act, unless he or she
submits to the Registrar a certificate issued by the Board, subject to subsections (2) and (3) of
section 5 of this Act, in which it is stated that he or she -
(a) has satisfactorily undergone practical legal training; and
(b) has passed the Legal Practitioners’ Qualifying Examination.
(4) A person enrolled in accordance with the provisions of subsection (1), (2) or (3)
shall be deemed to have been admitted and authorised to practise as a legal practitioner under
this Act.
(5) The enrolment of a person in accordance with the provisions of subsection (1) -
(a) shall be subject to the terms of any order of the Court whereby he or she has been
suspended from practice as an advocate or attorney before the commencement of
this Act;
(b) shall not relieve such person of liability under this Act for unprofessional or
dishonourable or unworthy conduct on his or her part before the commencement of
this Act.
Juristic person may conduct a practice
7. (1) A private company may, notwithstanding anything to the contrary contained

in this Act, conduct a practice if -
(a) such company is incorporated and registered as a private company under the
Companies Act, 1973 (Act 61 of 1973), with a share capital, and its memorandum
of association provides that all present and past directors of the company shall be
liable jointly and severally with the company for the debts and liabilities of the
company contracted during their periods of office;
[The Companies Act 61 of 1973 has been replaced by

the Companies Act 28 of 2004.]
(b) only natural persons who are legal practitioners and who are in possession of
current fidelity fund certificates are members or shareholders of the company or
persons having an interest in the shares of the company;
(c) the name of the company consists solely of the name or names of any of the present
or past members of the company or of persons who conducted, either on their own
account or in partnership, any practice which may reasonably be regarded as a
predecessor of the practice of the company: Provided that the words “and
associates” or “and company” may be included in the name of the company.
(2) Every shareholder of the company shall be a director of the company, and no
person other than a shareholder of the company shall be a director thereof.
(3) If a shareholder of the company or a person having an interest in the shares of the
company, dies or ceases to conform to the requirements of subsection (1)(b), he or she or his or
her estate, as the case may be, may as from the date on which he or she dies or ceases to
conform, continue to hold the relevant shares or interest in the shares in the company for a
period of six months or for such longer period as the Council may approve.
(4) No voting rights shall attach to any share held in terms of subsection (3), and the
holder of any such share shall not act as a director of the company or receive, directly or
indirectly, any director’s fees or remuneration or participate in the income of or profits earned
by the company in its practice.
(5) If the articles of association of the company so provide, the company may, without
confirmation by a court, upon such conditions as it may deem expedient, purchase any shares
held in it, and the authorised share capital of the company shall not be reduced thereby.
(6) Shares purchased in terms of subsection (5) shall be available for allotment in
terms of the articles of association of the company.
(7) Notwithstanding anything to the contrary contained in any other law, the articles of
association of the company may restrict a member of the company to appoint only another
member of the company to attend, speak or vote in his or her stead at any meeting of the
company.
(8) If the company ceases to conform to any of the requirements of subsection (1), it
shall forthwith cease to practise, and shall, as from the date on which it ceases so to conform,
not be recognized in law as a legal practitioner, but subject to subsection (9).
(9) The provisions of subsection (8) shall not, during the period contemplated in
subsection (3), apply to a company by reason only that a shareholder of the company or a person
having an interest in the shares of the company has ceased to be a legal practitioner or to be in
possession of a fidelity fund certificate.
(10) Any reference in this Act or in any other law to a legal practitioner or to a partner
or partnership in relation to legal practitioners, shall be construed as including a reference to a
professional company or to a member of such a company, as the case may be, unless the context
otherwise indicates.
Establishment and constitution of Board for Legal Education

8. (1) There is hereby established a board to be known as the Board for Legal
Education.
(2) The Board shall consist of -
(a) the Chief Justice, who shall be the chairperson of the Board;
(b) four persons appointed by the Minister, of whom one shall be a person employed in
connection with the training of candidate legal practitioners at the Centre;
(c) one legal practitioner in the full-time service of the State appointed by the
Attorney-General;
(d) the Prosecutor-General;
(e) the Dean of the Faculty of Law of the University of Namibia; and
(f) three legal practitioners appointed by the Council.
(3) If, in the event of the appointment of a member required to be made by the Council
in terms of subsection (2)(f), the Council fails to make such appointment within a period of 21
days after the despatch of a letter to it by the Minister in which it is reminded to make the
appointment, the Minister may appoint any legal practitioner as the Minister thinks fit as such a
member, and any such appointment by the Minister shall be deemed to have been made by the
Council.
(4) Subject to section 10, the members of the Board appointed under paragraphs (b)
and (f) of subsection (2) shall hold office for a period of three years, and may be reappointed at
the expiration of that period.
Alternate members of the Board
9. (1) The Chief Justice may appoint any judge of the Supreme Court or of the
Court to act as chairperson of the Board during his or her absence from a meeting of the Board.
(2) The Minister and the Council may, in respect of each member appointed by them
to the Board, appoint any other person to be the alternate of such member, but with due regard
to the requirements of paragraphs (b) and (f) of section 8(2).
(3) An alternate member appointed under subsection (2) -
(a) shall vacate his or her office if the member in respect of whom he or she has been
appointed as alternate vacates his or her office;
(b) may act in the place of the member in respect of whom he or she has been
appointed during such member’s absence or inability to act as a member.
Vacation of office and filling of casual vacancies
10. (1) The office of a member of the Board appointed under section 8(2)(b) or (f)
shall become vacant if -
(a) he or she resigns that office by notice in writing delivered to the Chief Justice;
(b) his or her estate is sequestrated;
(c) he or she is convicted of an offence and sentenced to a term of imprisonment

without the option of a fine;
(d) he or she has been absent from three consecutive meetings of the Board without the
leave of the Board, which shall not be granted for a period exceeding six months at
a time;
(e) in the case of a member appointed by the Council, his or her name is struck off the
Roll or he or she is suspended from practice under this Act; or
(f) he or she is removed from office under subsection (2).
(2) A member of the Board referred to in subsection (1) may be removed from office
by the Minister if the Minister is satisfied that he or she is incapacitated by physical or mental
illness.
(3) Where a member of the Board referred to in subsection (1) ceases to be a member
before the expiration of his or her term of office, the vacancy, shall, with due regard to the
provisions of paragraph (b) or (f), as the case may be, of section 8(2), be filled by the
appointment of another person for the unexpired portion of the period of office of the member
whose office has become vacant.
General functions of the Board
11. (1) In addition to any other powers and functions conferred upon and assigned
to the Board by this Act, the functions of the Board shall be -
(a) to register candidate legal practitioners for training at the Centre and to keep a
register in respect of such persons;
(b) to approve the syllabus of the course of post-graduate study;
(c) to lay down guidelines in relation to the nature of the practical training to be
provided to candidate legal practitioners at the Centre and by legal practitioners to
whom they are attached;
(d) (i) to act as moderator for the Legal Practitioners’ Qualifying Examination or to
appoint any person or persons to act as such;
(ii) to set and hold from time to time the examination in conveyancing for the
purposes of section 87;
(e) to issue certificates to -
(i) candidate legal practitioners who have passed the Legal Practitioners’
Qualifying Examination; and
(ii) legal practitioners who have passed the examination in conveyancing

referred to in paragraph (d)(ii);
(f) to investigate and advise upon any legal education pertaining to the legal
profession and any related matters -
(i) which the University of Namibia or any university or comparable

educational institution outside Namibia may refer to it;
(ii) which the Minister may refer to it; or
(iii) which the Board may consider necessary or expedient;
(g) to collaborate with the Faculty of Law of the University of Namibia in designing
the syllabus and determining any other requirements of the course of undergraduate
study referred to in section 5(1)(c)(i); and
(h) to perform such other functions as may be prescribed by the Minister or as it may
consider necessary or expedient for the purposes of this Act.
(2) Where, for the purpose of making a recommendation to the Minister in terms of
section 5(4), the Board is required to consider how a particular degree or equivalent
qualification in law obtained outside Namibia compares with a degree in law obtained from the
University of Namibia, the Board shall cause to be lodged with it originals or authenticated
copies of certificates and of official transcripts issued by the competent authority of the relevant
university or educational institution, or where such university or institution no longer exists, a
verification by any other competent authority in the country where such university or institution
was situated as to the certificates and official transcripts issued by the university or institution in
question: Provided that if, in the case of a degree or qualification obtained before 21 March
1990, the Board is satisfied that neither the original or an authenticated copy of the certificate
and the official transcripts can be provided for reasons which the Board considers sufficient and
credible in the particular case, the Board may allow duplicates thereof to be lodged for the
purpose of this subsection.
[subsection (2) amended by Act 4 of 1997]
(3) The certificates and official transcripts lodged with the Board in terms of
subsection (2), whether originals or authenticated copies or, where allowed, duplicates, shall be
accepted as sufficient information to enable the Board to make its recommendation to the
Minister.
[subsection (3) amended by Act 4 of 1997]
Committees of the Board
12. (1) The Board may establish one or more committees of the Board for the
purpose of performing any function of the Board which the Board may deem fit to delegate to
such a committee.
(2) A committee established under subsection (1) shall consist of such members of the
Board, including alternate members, as the Board may appoint to the committee.
(3) The Board may designate any member of a committee to be the chairperson
thereof.
(4) The Board shall not be divested of any power which has been delegated by it to a
committee and may amend or set aside any decision of such a committee.
Meetings of the Board

13. (1) The first meeting of the Board shall be convened by the chairperson of the
Board and thereafter meetings shall be held at such times and places as the Board may
determine.
(2) The chairperson of the Board may at any time convene a special meeting of the
Board.
(3) The majority of the members of the Board shall form a quorum at a meeting of the
Board.
(4) The decision of a majority of the members of the Board present at a meeting
thereof shall constitute a decision of the Board, and in the event of an equality of votes in regard
to any matter, the person presiding at the meeting shall have a casting vote in addition to his or
her deliberative vote.
(5) The Board may determine the procedure at its meetings and the meetings of any of
its committees.
Performance of administrative work of the Board
14. (1) The administrative work pertaining to the functions of the Board or a
committee of the Board shall be performed by officers in the Ministry of Justice made available
for that purpose by the Permanent Secretary: Justice.
(2) The Permanent Secretary: Justice may designate an officer in the Ministry of
Justice to act as secretary of the Board or of any committee of the Board.
Remuneration and allowances of members of the Board
15. (1) A member or alternate member of the Board who is not in the full-time
employment of the State shall be paid, in respect of any period during which he or she is
engaged in the business of the Board and in respect of any travelling when so engaged, such
remuneration and other allowances, if any, as the Minister, with the concurrence of the Minister
of Finance, may determine.
(2) The remuneration and other allowances referred to in subsection (1) and other
expenses pertaining to the performance of the functions of the Board shall be defrayed out of
moneys appropriated by the National Assembly for the purpose.
Justice Training Centre
16. (1) There shall, for the purposes of this Act, and subject to section 11(1)(b), be
provided at the Justice Training Centre established by the University of Namibia, a course of
post-graduate study for the training of candidate legal practitioners.
(2) The Centre shall upon the completion of the period of the course of post-graduate
study -
(a) conduct the Legal Practitioners’ Qualifying Examination under the control of the
Board; and
(b) make the examination results available to the Board for its approval.
PART II
PRIVILEGES, RESTRICTIONS AND OFFENCES IN

CONNECTION WITH PRACTICE
Privileges of legal practitioners
17. Subject to the provisions of this Act, a legal practitioner shall have the right to
practise the profession in Namibia and shall, without derogating from the generality of that right -
(a) have the right of audience in any court or tribunal in which persons are entitled by
law to legal representation;
(b) if he or she holds, or is deemed to hold, the certificate in conveyancing referred to

in section 87, have the right to present any document for registration in a deeds
registry or for attestation or execution by the registrar of deeds;
(c) if he or she holds, or is deemed to hold, an appointment as notary public under

section 86, have the right to perform any act which in terms of any law is required
to be performed by a notary public.
Right of audience in the Supreme Court
18. (1) A legal practitioner shall not have the right of audience in the Supreme Court
of Namibia unless -
(a) he or she has practised the profession for a continuous period of, or for periods
amounting in all to, not less than one year and he or she holds a certificate to that
effect issued by the Council; or
(b) he or she was admitted to practise by virtue of the fact that he or she is duly
qualified in accordance with the provisions of section 5(1)(cA).
[subsection (1) amended by Act 10 of 2002 to insert paragraph (b)]
(2) The Council shall, upon application made to it by a legal practitioner who satisfies
the Council that he or she has practised the profession for a continuous period of, or for periods
amounting in all to, not less than one year, issue to such legal practitioner a certificate as
contemplated in subsection (1).
Right of audience of candidate legal practitioners
19. A candidate legal practitioner to whom a certificate has been issued by the Centre
certifying that such candidate legal practitioner has completed a period of six months training
under the course of post-graduate study, shall have the right of audience -
(a) in any Lower Court in any matter; and
(b) in Chambers in any High Court proceedings,
but not after expiration of a period of two years after his or her registration as a candidate legal
practitioner by the Board.
Prohibition against practising without fidelity fund certificate

20. (1) Subject to section 91, a legal practitioner shall not practise on his or her own
account or in partnership, unless he or she holds a fidelity fund certificate or is exempted from
holding such a certificate by virtue of the provisions of section 67.
(2) A legal practitioner who practises or acts in contravention of subsection (1) shall
not be entitled to any fee, reward or disbursement in respect of anything done by him or her
while so practising or acting, and shall be guilty of an offence and liable on conviction to a fine
not exceeding N$200 000 or to imprisonment for a period not exceeding 10 years.
Certain offences by unqualified persons
21. (1) A person who is not enrolled as a legal practitioner shall not -
(a) practise, or in any manner hold himself or herself out as or pretend to be a legal
practitioner;
(b) make use of the title of legal practitioner, advocate or attorney or any other word,
name, title, designation or description implying or tending to induce the belief that
he or she is a legal practitioner or is recognised by law as such;
(c) issue out any summons or process or commence, carry on or defend any action, suit
or other proceedings in any court of law in the name or on behalf of any other
person, except in so far as it is authorised by any other law; or
[paragraph (c) amended by Act 4 of 1997; the word “proceeding” is changed to

“proceedings” without being indicated with amending marks]
(d) perform any act which in terms of this Act or any regulation made under section
81(2)(d), he or she is prohibited from performing.
(2) A candidate legal practitioner shall not accept, hold or receive moneys for or on
account of another person in the course of his or her training or attachment to a legal
practitioner, or in the course of the conduct of the practice of the legal practitioner to whom he
or she is attached.
[subsection (2) substituted by Act 22 of 2002]
(3) A person who contravenes any of the provisions of subsection (1) or (2) shall be
guilty of an offence and liable on conviction -
(a) in the case of a contravention of subsection (1), to a fine not exceeding

N$100 000,00 or to imprisonment for a period not exceeding 5 years or to both
such fine and such imprisonment; or
(b) in the case of a contravention of subsection (2), to a fine not exceeding

N$50 000,00 or to imprisonment for a period not exceeding 30 months or to both
such fine and such imprisonment.
[subsection (3) inserted by Act 22 of 2002]
Unqualified persons not to prepare certain documents or instruments
22. (1) Any person, not being a legal practitioner, who prepares or draws up for or
on behalf of any other person any of the following documents, namely -
(a) a will or other testamentary instrument;
(b) any contract, deed or instrument relating to the creation or dissolution of a

partnership or a variation of the terms thereof;
(c) any contract, deed or instrument for the acquisition, disposal, exchange or lease of
immovable property or a right relating to immovable property, other than a contract
for the lease of immovable property for a period less than five years;
(d) the memorandum or articles of association or prospectus of a company,
and who charges, demands or receives any fee or reward, whether in cash or in any other form,
or knowingly permits any other person to charge, demand or receive any such fee or reward, for
the service rendered by him or her in connection with the preparation or drawing up of such
document, shall be guilty of an offence and liable on conviction to a fine no exceeding
N$100 000 or to imprisonment for a period not exceeding 5 years, or to both such fine and such
imprisonment.
[The phrase “a fine no exceeding N$100 000” should be “a fine not exceeding N$100 000”.]
(2) The provisions of subsection (1) shall not apply to-
(a) any person in the employment of a legal practitioner preparing or drawing up any
of the documents concerned in the course of his or her employment and on behalf
of his or her employer;
(b) a person in the employment of the State or any body corporate established by any
law, preparing or drawing up any of the documents or instruments concerned in the
course of his or her official duties;
(c) a person acting in the capacity of trustee of an insolvent estate or executor,

administrator or curator, or liquidator or judicial manager of a company or close
corporation, or deputy-sheriff or messenger of the court by virtue of an
appointment by a competent authority in terms of any law, drawing up or preparing
any of the documents concerned in the course of his or her statutory duties and
receiving such fees as may be allowed by law; or
(d) a registered accountant and auditor who is a member of the Institute of Chartered
Accountants of Namibia drawing up or preparing the memorandum or articles of
association or prospectus of any company.
(3) No document or instrument referred to in subsection (1) shall be invalid by reason

only of the fact that it has been drawn up or prepared in contravention of the provisions of that
subsection.
[section 22 substituted by Act 4 of 1997]
Prohibition against practising by or in association with legal practitioners struck off the
Roll or suspended from practice
23. (1) No person whose name has been struck off the Roll or who has been
suspended from practice shall continue to practise as a legal practitioner directly or indirectly on
his or her own account or in partnership or association with another person, nor shall he or she,
except with the written consent of the Council, be employed in any capacity connected with the
practice of a legal practitioner.
(2) No legal practitioner shall, in connection with his or her practice, without the
written consent of the Council, employ or remunerate a person who is disqualified from
practising by reason of the fact that his or her name has been struck off the Roll or that he or she
is suspended from practising.
(3) The Council may, for the purposes of subsection (1) or (2), grant its consent for
such period and subject to such conditions as the Council may think fit.
(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and
liable on conviction to a fine not exceeding N$50 000 or to imprisonment for a period not
exceeding 2 years or to both such fine and such imprisonment.
Saving in respect of certain officials acting under a delegation of the Prosecutor-General
24. Nothing in this Part shall be construed as preventing an official, not being enrolled
as a legal practitioner, to whom the Prosecutor-General, acting under Article 88(2)(d) of the
Namibian Constitution has delegated the authority to conduct criminal proceedings in any court
from so conducting such proceedings.
PART III
KEEPING OF ACCOUNTS BY LEGAL PRACTITIONERS
Legal practitioners’ books of accounts and power of Council to inspect
25. (1) Every legal practitioner who in terms of this Act is required to hold a fidelity
fund certificate shall keep, exclusively in respect of his or her practice, such books of account as
may be necessary to show and distinguish in connection with such practice -
(a) moneys received and moneys paid on his or her own account;
(b) moneys received, held or paid by him or her for or on account of another person;
(c) moneys invested by him or her in a trust savings or other interest-bearing account
referred to in section 26(2) or (3) and interest on moneys so invested which is paid
over or credited to him or her;
(d) any interest on moneys deposited in his or her trust banking account opened in
terms of section 26(1) and which is paid over or credited to him or her.
(2) In order to ascertain whether the provisions of subsection (1) and section 26 have
been or are being complied with, the Council, acting either on its own motion or upon a written
complaint lodged with it, may appoint a registered accoutant and auditor who is a member of
the Institute of Chartered Accoutants of Namibia to inspect the books of account of a legal
practitioner referred to in subsection (1).
[The words “accountant” and “Accountants” are misspelt

in the Government Gazette, as reproduced above.]
(3) An accountant and auditor appointed in terms of subsection (2) shall report to the
Council in such a manner as not to disclose confidential information entrusted to the legal
practitioner whose books of account he or she has inspected.
(4) If, upon an inspection in terms of subsection (2), it is found that the legal
practitioner has not complied with any of the provisions of subsection (1) or of section 26, the
Council may recover from the legal practitioner concerned the costs of the inspection.
(5) For the purposes of subsections (1) and (2) “books of account” includes any record
or document kept by or in the custody or under the control of a legal practitioner which relates
to -
(a) money invested in a trust savings or other interest-bearing account referred to in

section 26(2) or (3) or interest on money so invested;
(b) an estate of a deceased person or an insolvent estate or an estate placed under

curatorship, in respect of which such legal practitioner is the executor, trustee or
curator or which he or she administers on behalf of the executor, trustee or curator;
or
(c) such legal practitioner’s practice.
Opening of trust banking account
26. (1) Every legal practitioner who holds or receives moneys for or on behalf of
any person shall open and keep a separate trust banking account at a banking institution in
which he or she shall deposit all such moneys.
(2) (a) A legal practitioner may invest in a separate trust savings or other interest-
bearing account opened by him or her with a banking institution or building society
moneys deposited in his or her trust banking account which is not immediately
required for any particular purpose.
(b) A trust savings or other interest-bearing account referred to in paragraph (a) shall
contain a reference to this subsection.
(3) A separate trust savings or other interest-bearing account -
(a) which is opened by a legal practitioner for the purpose of investing therein, on the
instructions of any person, any moneys deposited in his or her trust banking
account by that person; and
(b) over which the legal practitioner exercises exclusive control as trustee, agent or
stakeholder or in any other fiduciary capacity,
shall contain a reference to this subsection.
(4) A legal practitioner shall, at the time and in the manner prescribed, pay over to the
fund -
(a) the interest, if any, on moneys deposited in such legal practitioner’s trust banking
account in terms of subsection (1); and
(b) the interest on moneys invested by such legal practitioner in a separate trust
savings or other interest-bearing account in terms of subsection (2).
(5) The investment by a legal practitioner of any moneys referred to in subsection (1)
in a trust savings or other interest-bearing account referred to in subsection (2) or (3) shall not
relieve such legal practitioner of any liability in respect of such moneys.
Trust account moneys not part of the assets of legal practitioner
27. (1) Subject to subsection (2), an amount standing to the credit of a legal
practitioner’s trust account shall not -
(a) be regarded as forming part of the assets of the legal practitioner;
(b) be liable to attachment at the instance of or on behalf of a creditor of that legal

practitioner.
(2) Any excess amount remaining on a legal practitioner’s trust account after payment
of -
(a) all claims of persons whose moneys have, or should have, been deposited or
invested in such trust account; and
(b) all claims in respect of interest on moneys so invested, including a claim of the
fund in respect of interest due to it in terms of section 26(4),
shall be deemed to form part of the assets of that legal practitioner.
Control of operation of trust account
28. (1) The Court may, on application made by the Council, and on good cause
shown, prohibit any legal practitioner from operating in any way on his or her trust account, and
may appoint a curator bonis to control and administer such trust account with such rights, duties
and powers in relation thereto as the Court may deem fit.
(2) If a legal practitioner -
(a) dies;
(b) becomes insolvent;
(c) in the case of a professional company, is liquidated or placed under judicial

management, whether provisionally or finally;
(d) is struck off the Roll or suspended from practising;
(e) is declared by a court of competent jurisdiction to be incapable of managing his or

her own affairs; or
(f) abandons his or her practice or ceases to practise,
the Master of the High Court may, upon application made by the Council or by a person having
an interest in the trust account of that legal practitioner, appoint a curator bonis to control and
administer that trust account with such of the prescribed rights, duties and powers as the Master
may deem fit.
(3) A person aggrieved by a decision of the Master in terms of subsection (2), may,
within 30 days after the decision becomes known to him or her, appeal against that decision to
the Court, and the Court may confirm or vary the decision or give such other decision as in its
opinion the Master ought to have given.
(4) Nothing contained in subsection (1) or (2) shall be construed as preventing any
legal practitioner who was practising in partnership with a legal practitioner referred to in
subsection (2) from continuing to operate on the trust account of the partnership.
Rights and duties of banking institutions and building societies with respect to trust
accounts
29. (1) A banking institution or building society at which a legal practitioner keeps
his or her trust account or a separate account forming part of his or her trust account shall,
whenever so directed by the Council, furnish the Council with a signed certificate which
indicates the balance of such account at the date or dates designated by the Council.
(2) A banking institution or building society referred to in subsection (1), shall not -
(a) by reason only of the name or style by which a trust account referred to in that
subsection is distinguished, be deemed to have knowledge that the legal
practitioner is not entitled to all moneys paid into or credited to such account;
(b) have or obtain any recourse or right, whether by way of set-off, counter-claim,
charge or otherwise, against moneys standing to the credit of any such account in
respect of a liability of the legal practitioner to the banking institution or building
society which is not a liability arising out of or in connection with that account.
(3) The provisions of subsection (2)(a) shall not be construed as relieving a banking
institution or building society from a liability or obligation to which it would be subject apart
from this Act.
Rights of legal practitioner with respect to moneys in trust account
30. The provisions of this Part shall not be construed as taking away or affecting any
just claim, lien, counter-claim, right of set-off, or charge of any kind which a legal practitioner
has against or on any moneys held or received by him or her on account of another person.
Offences in relation to trust accounts
31. A legal practitioner who contravenes or fails to comply with any of the provisions
of section 25(1) or section 26(1), (2)(b), (3) or (4) shall be guilty of an offence and liable on
conviction to a fine not exceeding N$200 000 or to imprisonment for a period not exceeding 10
years or to both such fine and such imprisonment.
PART IV
DISCIPLINE AND REMOVAL FROM AND RESTORATION TO THE ROLL
Removal from Roll or suspension from practice of legal practitioners
32. (1) The Court may, on application made to it in accordance with subsection (2),
order that the name of a legal practitioner be struck off the Roll or that a legal practitioner be
suspended from practice -
(a) if he or she no longer conforms to any of the requirements of section 4(1)(c); or
(b) if he or she is guilty of unprofessional or dishonourable or unworthy conduct of a

nature or under circumstances which, in the opinion of the Court, show that he or
she is not a fit and proper person to continue to be a legal practitioner.
(2) An application in terms of subsection (1) -
(a) on any of the grounds mentioned in paragraph (a) thereof, shall be made by the
Law Society;
(b) on the grounds mentioned in paragraph (b) thereof, shall be made by the
Disciplinary Committee.
(3) Notwithstanding subsections (1) and (2), if a complaint has been lodged with the
Disciplinary Committee against a legal practitioner in accordance with section 35(1), the Court
may, on application of the Law Society, make an order for the temporary suspension of that
legal practitioner from practice pending the determination of the complaint, if the Court is
satisfied -
(a) that there are reasonable grounds to believe that the legal practitioner is guilty of
unprofessional or dishonourable or unworthy conduct; and
(b) that the alleged conduct of the legal practitioner is of such serious nature that it is
in the public interest or the interest of the legal practitioner's clients that the legal
practitioner should be prevented from carrying on his or her practice until the
disciplinary proceedings against the legal practitioner have been finalised or until
further order.
(4) The Court may grant an order of temporary suspension under subsection (3) subject
to such conditions as the Court may consider appropriate.
(5) An order of temporary suspension lapses upon expiry of a period of 30 days from
the date on which the order was granted, but the Court may, upon application by the Law
Society and upon good cause shown, extend that period for a further period not exceeding 30
days.
Unprofessional or dishonourable or unworthy conduct
33. (1) For the purposes of this Act, unprofessional or dishonourable or unworthy
conduct on the part of a legal practitioner includes -
(a) contravening section 20(1), 23(2), any of the provisions of Part III or section 67(3);
(b) subject to the provisions of any other law, making over to or sharing or dividing
with any person, other than a legal practitioner in or outside Namibia, either by
way of partnership, commission or allowance or in any other manner a portion of
his or her professional fees;
(c) in any way assisting, allowing or enabling a person who is not a legal practitioner
to charge, recover or receive a fee or derive remuneration in respect of or in
connection with the preparation or execution of a document or the performance of
any professional work which only a legal practitioner is permitted by law to
prepare, execute or perform, or in any way conniving at an arrangement, agreement
or understanding whatsoever whereby such fee or remuneration is or shall be

charged, recovered or received by such unqualified person;
(d) allowing his or her name together with his or her qualifications as a legal
practitioner to appear by way of advertisement or notification or information upon
business letterheads, accounts or other documents whatsoever in conjunction with
the name of a person who is not a legal practitioner so as to convey, or be capable
of conveying, the impression that he or she is associated in his or her legal practice
with that person;
(e) subject to the provisions of any other law, entering into a contract or partnership
with or of employment by a person who is not a legal practitioner, the direct or
indirect result of which is -
(i) to enable that person to enjoy, share or participate in fees reserved solely to a
legal practitioner; or
(ii) to secure for the legal practitioner the benefit of professional business
solicited by such person or any other unqualified person;
(f) accepting or agreeing or offering to accept, for any professional work performed or
to be performed by him or her for or on behalf of any client, remuneration that is
less than the minimum permitted to be charged in accordance with any rate or scale
of charges prescribed under this Act or prescribed by or under any other law;
(g) acting or purporting to act for any person in any matter without having been
instructed by that person or a person authorised to give instruction on behalf of the
person he or she represents or is to represent;
(h) wilfully misleading a court or tribunal, or allowing it to be misled;
(i) directly or indirectly procuring or attempting to procure the employment of himself

or herself, or his or her partner or assistant, as a legal practitioner through or by the
intervention of another person to whom remuneration for obtaining such
employment has been given by him or her, or agreed or promised to be so given;
(j) deceiving or misleading a client or allowing the client to be deceived or misled in

any respect material to such client.
(2) The provisions of subsection (1) shall not restrict the power of the Court or the
Disciplinary Committee to determine that an act or omission not specified in subsection (1) or
any other law, constitutes unprofessional or dishonourable or unworthy conduct on the part of a
legal practitioner.
Disciplinary Committee
34. (1) For the purpose of exercising disciplinary control over legal practitioners
and candidate legal practitioners in accordance with the provisions of this Act, there shall be a
committee to be called the Disciplinary Committee, which shall consist of -
(a) four legal practitioners appointed by the Council; and
(b) one person appointed by the Minister, who shall act as secretary of the Disciplinary
Committee.
(2) If the Council fails or refuses to make an appointment in terms of subsection (1)(a)
within a period of 21 days after the Minister in writing has reminded the Council to make the
appointment, the Minister may appoint any legal practitioner whom he or she deems fit as a
member of the Disciplinary Committee and any such appointment by the Minister shall be
deemed to have been made by the Council.
(3) A member of the Disciplinary Committee shall hold office for a period of two
years from the date of his or her appointment and shall be eligible for reappointment.
(4) During the temporary absence of any member of the Disciplinary Committee or in
the event of any such member’s inability to act, the Council or the Minister, as the case may be,
shall appoint another person to act as a temporary member in the place of the member who is
absent or unable to act, and the provisions of subsection (2) shall apply mutatis mutandis.
(5) The members of the Disciplinary Committee shall elect a chairperson from among
their number, and in his or her absence, the remaining members and any temporary members
appointed in terms of subsection (4) shall from among their number appoint an acting
chairperson.
(6) Three members of the Disciplinary Committee shall form a quorum at a meeting
thereof.
(7) A question before the Disciplinary Committee shall be decided by a majority of

votes of the members present, and in the event of an equality of votes in regard to any matter,
the person presiding at the meeting shall have a casting vote in addition to his or her deliberative
vote.
(8) The Disciplinary Committee may determine the procedure at its meetings.
(9) Members of the Disciplinary Committee who are not in the full-time employment
of the State shall, in respect of expenses incurred by them in connection with travelling and
accommodation when discharging their duties, be paid such allowances as the Minister, with the
concurrence of the Minister of Finance, may determine.
(10) The administrative and clerical work of the Disciplinary Committee shall be
performed by officers in the Ministry of Justice made available by the Permanent Secretary:
Justice for the purpose.
(11) The expenses incidental to the functions of the Disciplinary Committee, including
the remuneration of members in accordance with subsection (9), shall be defrayed from moneys
appropriated by the National Assembly for that purpose.
Powers and procedure of Disciplinary Committee with respect to legal practitioners
35. (1) An application by the Council, or a person affected by the conduct of a legal
practitioner, to require a legal practitioner to answer allegations of alleged unprofessional or
dishonourable or unworthy conduct, shall be made to and be heard by the Disciplinary
Committee in accordance with the rules made under section 39.
(2) Where in the opinion of the Disciplinary Committee an application made in terms
of subsection (1) does not disclose a prima facie case of unprofessional or dishonourable or
unworthy conduct on the part of the legal practitioner concerned, the Disciplinary Committee
may summarily dismiss such application without requiring the legal practitioner to answer the
allegations and without hearing the application.
(3) An applicant who is aggrieved by the decision of the Disciplinary Committee under
subsection (2) may appeal to the Court against that decision, and the Court may either confirm
the decision of the Disciplinary Committee or order the Disciplinary Committee to hear the
application and deal with it in accordance with subsection (4).
(4) Where in the opinion of the Disciplinary Committee an application made in terms
of subsection (1) discloses a prima facie case of unprofessional or dishonourable or unworthy
conduct on the part of a legal practitioner or where an order contemplated in subsection (3) has
been made by the Court, the Disciplinary Committee shall -
(a) fix a date and the time and place for the hearing of the application and notify the
applicant and the legal practitioner concerned thereof; and
(b) not later than 14 days before the date fixed for the hearing of the application,
furnish the legal practitioner concerned with a copy of any affidavit made in
support of the application and shall give him or her an opportunity to inspect any
document lodged with the Disciplinary Committee in relation to the application.
(5) The Disciplinary Committee may appoint a legal practitioner to lead evidence at
the hearing of the application and to cross-examine the legal practitioner to whom the
application relates and witnesses called by him or her and to present argument.
(6) A legal practitioner shall be entitled to legal representation at the hearing of an

application by the Disciplinary Committee.
(7) At the conclusion of the hearing of an application the Disciplinary Committee -
(a) if it is satisfied that a case of unprofessional or dishonourable or unworthy conduct

has not been made out against the legal practitioner, shall dismiss the application;
(b) if it is satisfied that the legal practitioner is guilty of the unprofessional or

dishonourable or unworthy conduct alleged in the application or in respects other
than those so alleged, shall act in accordance with the provisions of either
subsection (8) or (9).
(8) If the Disciplinary Committee is of the opinion that the unprofessional or

dishonourable or unworthy conduct of which the legal practitioner is guilty does not justify an
application to the Court for an order to strike the legal practitioner’s name from the Roll or to
suspend him or her from practice, and that the case may adequately be dealth with by itself, it
may -
[The word “dealt” is misspelt in the Government Gazette, as reproduced above.]
(a) reprimand the practitioner; or
(b) reprimand him or her and impose upon him or her a penalty not exceeding
N$10 000.
(9) If the Disciplinary Committee is of the opinion that the unprofessional or

dishonourable or unworthy conduct of which the legal practitioner is guilty justifies an
application to the Court for an order to strike the legal practitioner’s name from the Roll or to
suspend him or her from practice, it shall proceed to make such application to the Court in terms
of section 32.
(10) A legal practitioner upon whom a penalty has been imposed by the Disciplinary
Committee under subsection (8)(b) may, within 30 days of the notification to him or her of the
decision of the Disciplinary Committee, appeal to the Court against that decision.
(11) The Disciplinary Committee, when acting in accordance with the provisions of
subsection (8), may make such order as to the reimbursement of costs incurred by the
Disciplinary Committee in connection with the application, including witness expenses, as it
may think fit.
(12) Any penalty imposed under subsection (8)(b) and any costs payable in accordance
with subsection (11) shall -
(a) be moneys owing to the State Revenue Fund; and
(b) be recoverable by legal process in the magistrate’s court.
Powers and procedure of Disciplinary Committee with respect to candidate legal

practitioners
36. (1) In disciplining a candidate legal practitioner, the Disciplinary Committee

may -
(a) reprimand the candidate legal practitioner;
(b) reprimand and order the candidate legal practitioner to pay a penalty not exceeding
N$1 000; or
(c) withdraw his or her registration as a candidate legal practitioner, either indefinitely
or for such period as the Disciplinary Committee may determine.
(2) The grounds and procedure for disciplinary action by the Disciplinary Committee
against candidate legal practitioners and the conditions for renewing their registration as
candidate legal practitioners, shall be as prescribed by the Minister by regulations made under
section 81(1).
Power of Court
37. If, in determining an application made to it in terms of section 32, the Court finds
that the legal practitioner to whom the application relates is guilty of unprofessional or
dishonourable or unworthy conduct, it may, if in the circumstances of the case it thinks fit so to
do, and instead of granting an order that the name of the legal practitioner be struck off the Roll
or that he or she be suspended from practice -
(a) reprimand the legal practitioner; or
(b) reprimand and order the legal practitioner to pay a penalty not exceeding
N$10 000,
and may make any order as to restitution in relation to the case.
Restoration to Roll
38. (1) A person whose name has been struck off the Roll, and a person whose name
was removed from the roll of attorneys or the roll of advocates under the Attorneys Act, 1979
(Act 53 of 1979) or the Admission of Advocates Act, 1964 (Act 74 of 1964) before the
commencement of this Act, may apply to the Court to have his or her name restored to the Roll.
(2) An application in terms of subsection (1) shall be made in terms of the Rules of
Court, and shall be accompanied by recommendations in support thereof of the Council and the
Disciplinary Committee.
Rules governing Disciplinary Committee
39. (1) The Minister, upon the recommendation of the Disciplinary Committee, may
make rules for regulating the making, hearing and determining of applications to the
Disciplinary Committee in terms of section 35(1).
(2) For the purposes of the hearing of an application in terms of section 35 the
Disciplinary Committee may -
(a) summon any person, whether of its own accord or at the request of the applicant or
the legal practitioner to whom the application relates, to appear before it at a time
and place specified in the summons and to give evidence in relation to any matter
concerning the application or to produce any book, document, record or thing
having a bearing on the application.
(b) through the chairperson, administer an oath to or take an affirmation from, any
person appearing before it to give evidence;
(c) put questions to any person appearing before it as a witness or require him or her to
produce any book, document, record or thing in his or her possession or custody or
under his or her control.
(3) A person who gives evidence before the Disciplinary Committee shall be subject to
all the obligations and be entitled to all the privileges, including witness fees, to which a witness
is subject or entitled in civil proceedings in the magistrates’ courts.
(4) A person who has been summoned to attend before the Disciplinary Committee
and who -
(a) refuses or fails without reasonable and sufficient cause to attend and give evidence
relevant to the hearing at the time and place stated in the summons;
(b) refuses to take the oath or make an affirmation when required to do so by the
chairperson;
(c) refuses or fails without reasonable and sufficient cause to produce any document,
record, book or thing which he or she has been required in the summons to
produce;
(d) refuses to answer or to answer fully and satisfactorily to the best of his or her
knowledge and belief a question lawfully put to him or her,
shall be guilty of an offence and liable on conviction to a fine not exceeding N$5 000.
PART V
LAW SOCIETY OF NAMIBIA
Establishment of Law Society
40. There is hereby established the Law Society of Namibia which shall by that name
be a body corporate with perpetual succession and a common seal, and which shall be capable
of suing and being sued and, subject to the provisons of this Act, do and suffer all such acts and
things as bodies corporate may lawfully do and suffer.
[The word “provisions” is misspelt in the Government Gazette, as reproduced above.]
Objects of Law Society
41. The objects of the Law Society shall be -
(a) to maintain and enhance the standards of conduct and integrity of all members of
the legal profession;
(b) to present the views of the legal profession;
(c) to further the development of law as an instrument of social engineering and social
justice;
(d) to encourage and promote efficiency in and responsibility in relation to the

profession;
(e) to promote the education of lawyers at all stages and levels, with particular
emphasis on the broadening of such education;
(f) to make recommendations to interested parties in relation to the training of

lawyers;
(g) to define and enforce correct and uniform practice and discipline among members;
(h) to give all necessary assistance to the effective implementation of any legal aid
scheme established and governed by or under any law;
(i) to promote social intercourse among members;
(j) to consider and deal with all matters affecting the professional interest of members;
(k) to co-operate with the representative bodies of other professional bodies;
(1) to promote applied research in the development of the law and participate in the
reform of the law by the Government and other agencies;
(m) to seek the enhancement of the Rule of Law and promote the protection of human
rights;
(n) to represent, protect and assist members with regard to their conditions of practice
and related matters.
Powers of Law Society
42. The Law Society may for the purpose of the attainment of its objects -
(a) acquire or hire movable or immovable property;

(b) develop, hypothecate, let, sell or otherwise dispose of movable or immovable

property of the Law Society;
(c) make charitable donations and grants-in-aid in support of projects which would
benefit the legal profession;
(d) accept, draw, endorse, issue, make, pay or perform any other act in respect of
negotiable instruments;
(e) invest the funds of the Law Society which are not immediately required upon such
security as may from time to time be determined by the Council;
(f) raise or borrow money, in such manner as the Council may think fit, which is
required by the Law Society in connection with its functions;
(g) employ, and determine the remuneration and other conditions of service of the staff
of the Law Society;
(h) conclude an agreement with any person for the performance of any particular act or
particular work or the rendering of particular services;
(i) enter into contracts in connection with the carrying out of its duties, the
performance of its functions or the exercise of its powers;
(j) establish or promote or administer or assist in the establishment, promotion or

administration of -
(i) insurance schemes;
(ii) medical aid schemes or medical benefit schemes;
(iii) pension funds or provident funds or pension schemes or benevolent schemes,
to benefit members and former members of the Law Society, employees of

members, officials and employees of the Law Society and the dependants of such
members, former members, officials and employees;
(k) appear in support of or in opposition to, or abide by the decision of any court, in
any proceedings brought in terms of the provisions of this Act and, if permitted by
any other law, such other law;
(1) appoint representatives of the Law Society to serve on a board, committee,

institution or any other body where or when required do do so by or under any law;
[The phrase “do do so” should be “to do so”.]
(m) do anything that is necessary for or conducive to the attainment of the objects of
the Law Society.
Membership of Law Society
43. (1) Every person enrolled as a legal practitioner in terms of this Act shall be a
member of the Law Society.
(2) A member who is suspended from practice in terms of this Act shall not be entitled
to the rights and privileges of membership of the Law Society during the period of his or her
suspension, and a member whose name is struck off the Roll shall cease to be a member of the
Law Society.
General meetings of Law Society
44. (1) Once in each calendar year there shall be held a general meeting of members
of the Law Society: Provided that the first annual general meeting of the Law Society shall be
held not later than four months after the date of commencement of this Act.
(2) The business to be transacted at the annual general meeting shall include -
(a) the election of members of the Council to serve during the ensuing year;
(b) the appointment of an auditor; and
(c) the consideration of any business of which due notice has been given in accordance
with subsection (4).
(3) The Council may at any time, and shall if demanded by at least one-tenth of the
members of the Law Society convene a special general meeting of members of the Law Society.
(4) At least 21 days prior to the date fixed for an annual general meeting or a special
general meeting written notice of the meeting shall be sent to each member of the Law Society.
(5) A quorum for an annual or a special general meeting of the Law Society shall be
one-fifth of the members of the Law Society, either present or represented.
Council of Law Society
45. (1) For the proper and effective management of the affairs of the Law Society
there shall be an executive committee, to be known as the Council, consisting of eight members
elected by the Law Society, subject to subsection (3), in an annual general meeting from among
its members in the prescribed manner, of whom -
(a) at least four shall be racially disadvantaged legal practitioners; and
(b) at least four shall be legal practitioners who are in private practice.
(2) As soon after the election of members of the Council as it is practicable to do so,
the Council shall elect from among its members a chairperson and a vice-chairperson: Provided
that -
(a) the chairpersonship shall consecutively rotate between a racially disadvantaged

legal practitioner and a racially advantaged legal practitioner; and
(b) if a racially disadvantaged legal practitioner is elected chairperson, the vice-

chairperson shall be a racially advantaged person and vice versa.
(3) Notwithstanding subsection (1) the Law Society shall convene a general meeting of
the Law Society to take place not later than 30 days after the date of commencement of the
Legal Practitioners Second Amendment Act, 2002, or such later date as the Minister may
approve, for the purpose of an election of members of the Council in accordance with
subsections (1) and (2), and until that election is completed, the persons who immediately
before such date of commencement or such later date, as the case may be, held office as
members shall continue to hold office as members of the Council as if that Act had not been
passed.
[The Legal Practitioners Second Amendment Act referred to above is Act 22 of 2002.]
(4) The persons elected at the general meeting referred to in subsection (3) hold office
until the close of the annual general meeting of the Law Society to be held in 2003, and with
effect from that annual general meeting, members of the Council hold office for a period of 2
years: Provided that in the case of members elected at that meeting -
(a) four members determined by lot shall hold office for 2 years; and
(b) the other four members shall hold office for one year,
whereafter all members hold office for 2 years.
(5) A member of the Council whose term of office expires is eligible for re-election.
(6) If for any reason the Law Society fails to elect a successor for a member of the
Council whose term of office expires, that member shall continue in office until his or her
successor is elected.
[section 45 substituted by Act 22 of 2002]
Vacation of office and filling of casual vacancy in Council
46. (1) A member shall vacate his or her office in the Council -
(a) if he or she, without the leave of the chairperson, is absent from Namibia for a
continuous period of six months or he or she has failed to attend four consecutive
meetings of the Council; or
(b) in such other circumstances as may be prescribed by the Council.
(2) When a member of the Council vacates his or her office before the expiration of his
or her term of office, the Council may appoint another member of the Law Society to fill the
vacancy for the unexpired portion of such term of office.
Duties of Council
47. The Council shall -
(a) with due regard to the provisions of section 44(1), convene general meetings of the
Law Society, and determine the date, time and place of such meetings and the
business to be transacted at such meetings;
(b) make rules providing for the procedure at general meetings of the Law Society, and
the manner in which motions shall be submitted to such meetings;
(c) deposit all moneys of the Law Society received by it with a banking institution or a
building society;
(d) keep proper books of account, showing revenue and expenditure and record of
assets and liabilities of the Law Society.
Powers of Council
48. The Council may exercise the powers of the Law Society and, without limiting the
generality of that power, may -
(a) prescribe the books, records, certificates or other documents to be kept, maintained
or issued for the purposes of this Act, the form thereof, the inspection thereof by
persons authorised to do so by the Council, and the circumstances and manner in
which alterations may be effected thereto;
(b) fix the subscriptions, fees, levies or other charges which shall, subject to subsection
(2), be payable to the Law Society by the members of the Law Society;
(c) prescribe the information to be furnished to the secretary of the Law Society by any
person who -
(i) commences or discontinues to practise as a legal practitioner;
(ii) takes up employment or ceases to be employed as a legal practitioner;
(iii) enters into or withdraws from a partnership with any other legal practitioner;
(iv) while practising as a legal practitioner changes his or her business or

residential address;
(d) prescribe the manner of assessment of the fees payable by any person to a legal
practitioner in respect of the performance on behalf of such person of non-litigious
work and in respect of expenses reasonably incurred by the legal practitioner in
connection with the performance of that work and, at the request of such person or
legal practitioner or of its own accord, assess such fees in the prescribed manner;
(e) pay an allowance to any person to cover expenses reasonably incurred by him or
her in connection with any act performed at the request or under the directions of
the Council on behalf of or for the benefit of the Law Society;
(f) subject to such conditions as it may deem fit to impose, permit members of the
Law Society to form associations of such members, to be known as regional
circles, in respect of such regions as the Council may determine from time to time,
and -
(i) determine the duties, functions and powers of such circles;
(ii) designate in respect of each such circle a place as its headquarters; and
(iii) determine the constitution of bodies to be responsible for the management of

the affairs of such circles;
(g) prescribe the conditions under which a legal practitioner may practise at a branch
office or in association with another legal practitioner or another person who
carries on the practice of a lawyer outside Namibia;
(h) prescribe the allowance on fees earned by a legal practitioner for professional
services which such legal practitioner is permitted to make to another legal
practitioner or to a person carrying on the practice of a lawyer outside Namibia
with whom he or she is not in partnership in respect of any matter on which they
were both engaged;
(i) determine the manner in which the Council shall conduct its business;
(j) do anything which is required for the proper and effective carrying out of its duties,
the performance of its functions or the exercise of its powers.
Committees of Council
49. (1) The Council may appoint one or more committees to assist it in the exercise
of its functions, and may at any time alter the constitution of such a committee and fill a
vacancy which occurs in the membership thereof.
(2) The Council may include as a member of a committee any member of the Law
Society who is not a member of the Council.
(3) The members of a committee shall elect from among their number the chairperson
of the committee.
(4) The Council may delegate and assign to a committee appointed in terms of
subsection (1) such of its powers and functions as it may deem fit, but shall not be divested of
any power so delegated, and may amend or withdraw a decision of such a committee.
(5) A committee may determine the procedure to be followed at its meetings.
Meetings of Council
50. (1) A meeting of the Council shall be convened and the proceedings thereof
shall be regulated in the manner prescribed.
(2) If the chairperson of the Council is absent from a meeting of the Council, the vice-
chairperson shall preside at that meeting and, if both the chairperson and the vice-chairperson
are absent, the members present shall appoint one of their number to preside.
(3) The quorum for a meeting of the Council shall be five members.
(4) The decision of the majority of the members of the Council present at a meeting
shall be a decision of the Council and, in the event of an equality of votes, the person presiding
at the meeting shall have a casting vote in addition to his or her deliberative vote.
Income of Law Society exempt from tax
51. The income of the Law Society from whatever source shall be exempt from any tax
or levy payable under any law relating to taxes on income.
Power of Council to make rules
52. (1) The Council may, subject to the provisions of subsections (2) and (3), make
rules relating to -
(a) matters required or permitted by this Act to be prescribed by the Council;
(b) the registers and other records to be kept for the purposes of the Law Society;
(c) the method of the investigation of complaints against legal practitioners;
(d) the accounts and records to be kept in relation to the affairs and assets of the Law
Society;
(e)
[paragraph (e) deleted by Act 22 of 2002]
(f) the conditions under which and activities for which persons other than legal
practitioners may be employed by legal practitioners to assist them in their
practices;
(g) any other matters which the Council considers it necessary or expedient to
prescribe for carrying out or giving effect to this Act.
(2) Any rule referred to in subsection (1) shall be made with the approval of the Chief
Justice.
(3) The Council shall not submit any draft rule to the Chief Justice for approval unless
such draft rule has been approved at a general meeting of the Law Society.
(4) An assessment of fees in terms of a rule made under section 48(d) shall be subject
to review in all respects as if it were a determination by an officer of the Court charged with the
taxation of fees and charges.
(5) Rules made under subsection (1) shall come into operation on the date of
publication thereof in the Gazette or on a subsequent date fixed in the notice of publication.
PART VI
LEGAL PRACTITIONERS’ FIDELITY FUND
Legal Practitioners’ Fidelity Fund
53. The Legal Practitioners’ Fidelity Fund established by section 2 of the Legal
Practitioners’ Fidelity Fund Act, 1990 (Act 22 of 1990), shall, notwithstanding the repeal of that
Act by this Act, continue to exist under the same name.
Purpose of fund
54. (1) Subject to the provisions of this Act, the fund shall be applied for the
purpose of reimbursing persons who may suffer pecuniary loss as a result of -
(a) theft committed by a legal practitioner or a candidate legal practitioner attached to,
or a person employed by such a legal practitioner, of any money or other property
entrusted by or on behalf of such persons to the legal practitioner or to such a
candidate legal practitioner or a person employed in the course of the legal
practitioner’s practice or while acting as executor or administrator in the estate of a
deceased person or as a trustee in an insolvent estate or in any other similar
capacity; and
(b) theft of money or other property entrusted to an employee referred to in paragraph

(cA) of the definition of “estate agent” in section 1 of the Estate Agents Act, 1976
(Act 112 of 1976), or a legal practitioner referred to in paragraph (d) of that
definition, and which has been committed by any such person under the
circumstances, and in the performance of an act, contemplated in those paragraphs,
respectively.
(2) The Fund shall not be applied to reimburse any person as contemplated in
subsection (1), unless, in the case of a theft committed by-
(a) a legal practitioner, the legal practitioner was at the time of the theft the holder of a
fidelity fund certificate or an exemption granted by the Council under section
67(2);
(b) a candidate legal practitioner, the candidate legal practitioner was at the time of the
theft attached to a legal practitioner contemplated in paragraph (a); or
(c) a person employed by a legal practitioner, the legal practitioner by whom such
person was employed at the time of the theft was a legal practitioner contemplated
in paragraph (a).
Fund to vest in and to be held in trust by board of control
55. (1) The fund shall vest in and be administrated by a board of control to be
known as the Legal Practitioners’ Fidelity Fund Board of Control.
(2) The fund shall be held in trust by the board of control for the purposes mentioned
in this Part.
(3) The board of control may under its name sue and be sued.
Constitution of board of control
56. (1) The board of control shall consist of -
(a) the chairperson of the Council; and
(b) three legal practitioners appointed annually by the Council, of whom at least two
shall be legal practitioners who are not members of the Council, and at least two
are persons who have been engaged in private practice for a period of not less than
five years.
(2) The Council may appoint an alternate member from among its number to act in the
place of the chairperson of the Council during his or her absence or inability to act as a member
of the board of control.
Period of office of members of board of control
57. A member of the board of control appointed under section 56(1)(b) shall hold
office until his or her successor has been appointed and, unless another is appointed in his or her
place in any year, he or she shall be deemed to have been reappointed.
Vacation of office by members of the board of control
58. (1) A member of the board of control shall vacate his or her office if he or she -
(a) ceases to be a legal practitioner or is suspended from so practising;
(b) resigns and his or her resignation is accepted by the Council; or
(c) is removed from office under subsection (2).
(2) A member of the board of control referred to in subsection (1) may be removed
from office by the Council if he or she -
(a) is incapacitated by physical or mental illness;
(b) is convicted of an offence which, in the opinion of the Council, debars him or her
from serving as a member of the board of control.
Chairperson of board of control
59. (1) The board of control shall annually elect one of their number, other than the
chairperson of the Council, to be the chairperson of the board of control.
(2) If the chairperson is absent from a meeting of the board of control, the board shall
from among its number elect a chairperson for that meeting.
Meetings of board of control
60. (1) The board of control shall meet at such times and at such place as it or its
chairperson may determine from time to time.
(2) Three members of the board of control shall constitute a quorum at a meeting
thereof.
(3) The decision of the majority of the members of the board of control present at a
meeting thereof shall be a decision of the board of control and, in the event of an equality of
votes, the person presiding shall have a casting vote in addition to his or her deliberative vote.
Committees of board of control
61. (1) The board of control may appoint one or more committees to assist in the
exercise of its functions, and may at any time alter the constitution of such a committee and fill
a vacancy which occurs in the membership thereof.
(2) The members of a committee appointed in terms of subsection (1) shall from
among their number elect the chairperson of the committee.
(3) The board of control may -
(a) delegate and assign to a committee appointed in terms of subsection (1) such of its
powers and functions as it may think fit;
(b) instruct such a committee, either generally or in a specific case, to enquire into and
to advise the board of control on any matter in relation to the functions of the board
of control.
(4) The board of control shall not be divested of any power delegated to a committee
thereof and may amend or withdraw a decision of such a committee.
Validity of resolution signed by all members of board of control
62. A resolution in writing of the board of control signed by all its members shall be as
valid as if it had been passed at a meeting of the board.
Revenue of fund
63. The fund shall consist of -
(a) the annual contributions by legal practitioners and interest paid to the fund in terms
of this Act;
(b) the revenue obtained from investments of the fund;
(c) money recovered for the benefit of the fund;
(d) money received on behalf of the fund from an insurance company under a contract
of indemnity referred to in section 66;
(e) other money lawfully paid into the fund.
Banking account
64. (1) Money in the fund shall be paid into an account at a banking institution or
building society to the credit of an account to be known as the Legal Practitioners’ Fidelity Fund
Account.
(2) The board of control may from time to time invest moneys of the fund which are
not immediately required for the purposes mentioned in this Act.
Audit
65. (1) The accounts of the fund shall be audited by a registered accountant and
auditor appointed by the board of control.
(2) A person appointed under subsection (1) shall, at least once in every year and not
later than a date to be determined by the board of control, draw up a balance sheet and profit and
loss account of the fund and forthwith submit certified copies thereof and of his or her report
thereon to the chairperson of the board of control and to the Council.
Insurance contracts for purpose of indemnifying fund and legal practitioners
66. (1) The board of control may enter into a contract with a person or company
carrying on fidelity insurance business whereby the fund will be indemnified to the extent and
in the manner provided in such contract against liability to pay claims under this Act.
(2) A contract referred to in subsection (1) shall be entered into in respect of legal
practitioners generally.
(3) A claimant against the board of control shall not have -
(a) a right of action against a person or company with whom a contract of indemnity
has been entered into in terms of this section, in respect of such contract; or
(b) a right to any money paid by the insurer in accordance with such contract.
(4) Any money paid by an insurer in accordance with a contract of indemnity shall be
paid into the fund for appropriation by the board of control.
Exemption of certain legal practitioners from requirement to hold a fidelity fund

certificate
67. (1) A legal practitioner who is in the full-time employment of the State or of a
law centre or who is not practising on his or her own account or in partnership or who is
exempted under subsection (2) shall, subject to subsection (3), not be required to obtain and
hold a fidelity fund certificate.
(2) Upon application made to it by a legal practitioner practising or intending to

practise as a legal practitioner for his or her own account or in partnership, the Council may
exempt such practitioner from holding a fidelity fund certificate if -
(a) in the case of a legal practitioner practising or intending to practise on his or her
own account, such legal practitioner furnishes the Council with a written
declaration stating that he or she will not in the conduct of his or her practice
accept or receive or hold moneys for or on account of another person; or
(b) in the case of a legal practitioner practising or intending to practise in partnership,

such legal practitioner furnishes the Council with a written declaration signed by
every person who is or will be a member of such partnership stating that neither
such partnership nor any member thereof will in the conduct of the practice of the
partnership accept or receive or hold moneys for or on account of another person.
(3) Any legal practitioner who has been exempted under subsection (2) from holding a
fidelity fund certificate and who in the conduct of his or her practice accepts or receives or holds
any money for or on account of another person, without first obtaining a fidelity fund certificate
in accordance with the provisions of section 68 shall not be entitled to any fee, reward or
disbursement in respect of anything done by him or her while so practising and shall be guilty of
an offence and liable on conviction to a fine not exceeding N$200 000 or to imprisonment for a
period not exceeding 10 years or to both such fine and such imprisonment.
(4) An exemption contemplated in subsection (2) may be granted by the Council to a

legal practitioner subject to such conditions as the Council may determine, including a condition
requiring the legal practitioner to furnish the Council with a guarantee of fidelity in favour of
the fund, in a form and by a person approved by the Council, guaranteeing the fidelity of such
legal practitioner to an amount determined by the Council.
Application for and issue of fidelity fund certificate
68. (1) A legal practitioner practising or intending to practise on his or her own
account or in partnership shall, unless he or she is exempted in terms of section 67, apply in the
prescribed form to the secretary of the Law Society for a fidelity fund certificate.
(2) An application in terms of subsection (1) shall be accompanied by the contribution,

if any, payable in terms of section 69.
(3) Upon receipt of the application in terms of subsection (1), the secretary of the Law
Society shall forthwith issue to the applicant a fidelity fund certificate in the prescribed form if
he or she is satisfied that the applicant -
(a) has discharged all his or her liabilities to the Law Society in respect of his or her
contribution; and
(b) has complied with any other lawful requirement of the Law Society.
(4) A fidelity fund certificate shall be valid until 31 December of the year in respect of
which it was issued.
(5) A document purporting to be a fidelity fund certificate which has been issued
contrary to the provisions of this Act shall be null and void and shall on demand be returned to
the Law Society.
Contributions to fund by legal practitioners
69. (1) Subject to the provisions of this section, every legal practitioner practising
on his or her own account or in partnership shall annually when he or she applies for a fidelity
fund certificate pay the amount as may be fixed by the board of control from time to time.
(2) Where a legal practitioner commences to practise as such on or after l July in any
year, he or she shall in respect of that year pay half of the amount of the contribution which is
payable for that year in terms of subsection (1).
(3) When the board of control, or the Law Society on behalf of the board of control,
gives notice in writing to legal practitioners that the nett value of the fund exceeds N$3 000 000
all legal practitioners who are liable to pay the annual contribution referred to in subsection (1)
shall, as from a date determined by the board of control and specified in the notice, no longer be
required to pay that contribution, except if the liability to pay that contribution is recommenced
by virtue of a notice given in terms of subsection (4).
(4) Where, at any time after a notice in terms of subsection (3) has been given, the
board of control, or the Law Society on behalf of the board of control, gives notice in writing to
legal practitioners that the nett value of the fund is less than N$3 000 000, every legal
practitioner referred to in subsection (1) shall, as from a date determined by the board of control
and specified in the notice, again be liable to pay the annual contribution referred to in
subsection (1), whereupon the notice previously given in terms of subsection (3) shall lapse.
(5) For the purposes of subsections (3) and (4), “nett value of the fund” means all
moneys standing to the credit of the fund in terms of section 63, less the sum of all unpaid
claims and other liabilities outstanding against the fund.
(6) Where the liability in respect of the annual contribution imposed by subsection (1)
is suspended by virtue of the provisions of subsection (3), a legal practitioner who applies for
the first time for a fidelity fund certificate while such a suspension is in force shall pay a single
contribution in the amount as determined by the board of control, and be subject to any
subsequent recommencement of that liability notified in terms of subsection (4).
(7) Notwithstanding the provisions of subsection (3), the board of control may require
a legal practitioner in respect of whom the fund has been applied as a result of any of the
circumstances referred to in section 54, to pay the annual contribution referred to in subsection
(1) to the fund for such period as the board of control may determine.
(8) A legal practitioner who is not in possession of a fidelity fund certificate and who
intends to commence to practise on his or her own account or in partnership, shall, before
commencing so to practise, give notice of such intention to the secretary of the Law Society,
and he or she shall thereupon become liable to pay to the fund the amount of the contribution
referred to in subsection (1) or (6), as the case may be, unless he or she is exempted in terms of
section 67 from holding a fidelity fund certificate.
(9) All contributions payable under this section shall be paid to the Law Society, and
the Law Society shall remit such contributions to the board of control within 30 days of receipt
thereof.
Payments from fund
70. (1) Subject to the provisions of this Act, the fund shall be applied for the
following purposes, namely -
(a) all claims, including costs, payable in terms of this Act, and interest as provided in
subsection (2);
(b) in the discretion of the board of control, a contribution towards expenses incurred
by a claimant in establishing his or her claim;
(c) legal expenses incurred in defending a claim made against the fund or otherwise
incurred in relation to the fund;
(d) premiums payable in respect of contracts of insurance entered into by the board of
control under sect ion 66;
(e) expenses incurred in the administration of the fund and investigations by the board
of control or its committees in respect of matters which concern the fund, including
allowances to members of the board of control in respect of their services or their
reasonable travelling and accommodation expenses incurred in connection with the
affairs of the fund;
(f) in the discretion of the board of control, the bank charges or a portion thereof paid
by a legal practitioner in connection with the keeping of a trust account;
(g) in the discretion of the board of control, the premium or a portion thereof payable
in respect of a professional indemnity group insurance policy taken out in favour of
legal practitioners;
(h) in the discretion of the board of control, the costs or a portion thereof incurred by a
legal practitioner in connection with the obtaining of a fidelity fund certificate;
(i) in the discretion of the board of control, the defraying of the whole or a portion of
the cost and expenses incurred by the Law Society for the purposes of or in
connection with steps taken by it in terms of section 25 or 32;
(j) loans and interest thereon;
(k) other moneys which are payable or may be paid from the fund in accordance with
this Act.
(2) The board of control may in its discretion pay an amount out of the fund as interest
on the amount of any judgement obtained or a claim admitted against the fund, but the rate of
interest shall not exceed the prevailing rate of interest prescribed under section 1(2) of the
Prescribed Rate of Interest Act, 1975 (Act 55 of 1975).
(3) If the amount of the fund , including the assets thereof, is less than N$100 000 or
fifty per cent of the total income of the fund for the previous year (whichever is the greater), the
board of control may in its discretion refuse to pay or postpone the payment of any amount for
any of the purposes mentioned in paragraphs (a), (b), (f), (g), (h) and (i) of subsection (1).
Grants from fund for education or research in law and for enhancement of professional
standards of legal practitioners
71. If the amount of the fund exceeds the sum of N$1 000 000, the board of control
may out of the excess in question -
(a) with the approval of the Council, make grants on such condition as the board of
control may determine with such approval -
(i) to any person or institution for tertiary education for the purposes of
education or research in the science of law or in legal practice;
(ii) for the purpose of the furtherance of the administration or dispensation of

justice;
(iii) to assist in the representation of members of the Law Society in participating

in the activities of any international or regional association of legal
practitioners where such participation is, in the opinion of the board of
control, in the interests of the Law Society or the administration of justice in
Namibia, or of education in the science of law or in legal practice,
and may, with such approval, at any time revoke such grant or a part thereof;
(b) pay an honorarium or compensation to a person for services rendered at the request
of the board of control with the object of enhancing the professional standards of
legal practitioners;
(c) contribute towards the costs of the Law Society, including the costs of any law
library established or maintained by it.
Limitation of liability of fund
72. (1) The fund shall not be liable to pay, nor pay, an amount in respect of loss
suffered -
(a) by a person as a result of theft committed by a legal practitioner while the legal
practitioner is in the employment of a person who is not a legal practitioner,
whether such theft was committed in the course of his or her employment or in the
course of any private practice carried on by him or her on his or her own account
outside such employment, except if he or she, at the time of the theft, held in
respect of such practice a fidelity fund certificate or an exemption granted by the
Council under section 67(2);
[paragraph (a) amended by Act 4 of 1997]
(b) by the spouse of a legal practitioner as a result of theft committed by that legal
practitioner;
(c) by a legal practitioner as a result of theft committed by a partner or employee of

that legal practitioner or by an employee of a partnership in which the legal
practitioner is a partner;
(d) by a legal practitioner as a result of theft committed by a member or employee of a

professional company of which the legal practitioner is a member;
(e) as a result of theft committed by a legal practitioner whose fidelity has been
guaranteed by a person, either in general or in respect of the particular transaction,
to the extent to which it is covered by the guarantee;
(eA) by a person as a result of theft committed by a legal practitioner, whether or not

such legal practitioner is the holder of a fidelity fund certificate or an exemption
granted under section 67(2), or by a candidate legal practitioner attached to such
legal practitioner, or by an employee of such legal practitioner, of any moneys
received, invested, controlled, or managed, including any interest or capital
redemption payments collected, in connection with an investment practice.
[paragraph (eA) inserted by Act 22 of 2002]
(f) by a person as a result of theft committed by a legal practitioner after that person
has received a notification in writing from the secretary of the Law Society or the
board of control warning him or her against the employment or continued
employment of such legal practitioner.
(2) A claim for reimbursement as contemplated in section 54 shall be limited -
(a) in the case of money entrusted to a legal practitioner, to the amount actually
handed over, without interest; and
(b) in the case of securities or other property, to an amount equal to the average market
value of the securities or property at the date when written demand is first made for
their delivery, or, if there is no average market value, the fair market value as at
that date of the securities or property, without interest.
(3) Only the balance of any loss suffered by a person after deduction from the loss of
the amount or value of all moneys or other benefits received or receivable by that person in
respect of the loss from a source other than the fund, may be recovered from the fund.
Procedure for instituting claims against fund
73. (1) No person shall have a claim against the fund in respect of theft
contemplated in section 54 unless -
(a) written notice of the claim is given to the Council and to the board of control
within three months after the claimant becomes aware of the theft or by the
exercise of reasonable care should have become aware of the theft; and
(b) within six months after a written demand has been sent to him or her by the board
of control, the claimant furnishes the board of control with such proof as the board
of control may reasonably require.
(2) If the board of control is satisfied that, having regard to all the circumstances, a
claim or the proof required by the board of control has been lodged or furnished as soon as
practicable, it may in its discretion extend any of the periods referred to in subsection (1).
Actions against fund
74. (1) No action shall without leave of the board of control be instituted against the
fund unless the claimant has exhausted all available legal remedies against the legal practitioner
in respect of whom the claim arose or his or her estate and against all other persons liable in
respect of the loss suffered by the claimant.
(2) An action against the fund in respect of a loss suffered by a person as a result of
theft committed by a legal practitioner or an employee of a legal practitioner, shall be instituted
within one year of the date of a notification directed to such person or his or her legal
representative by the board of control informing him or her that the board of control rejects the
claim to which the action relates.
(3) In an action against the fund any defence which would have been available to the
person against whom the claim arose, shall be available to the fund.
Subrogation
75. On payment out of the fund of money in settlement in whole or in part of a claim
under this Act the fund shall be subrogated to the extent of such payment to all the rights and
legal remedies of the claimant against a legal practitioner or a person in relation to whom the
claim arose, or in the event of his or her death or insolvency or other legal disability, against a
person having authority to administer his or her estate.
Exemption of fund from certain provisions of certain laws
76. (1) The revenue of the fund shall be exempt from the provisions· of any law
relating to payment of income tax.
(2) The provisions of any law relating to insurance (other than a law relating to the
compulsory insurance of employees) or the provision of security in connection therewith, shall
not apply to the fund.
Indemnification in respect of certain acts
77. No action for damages shall be instituted -
(a) against the fund, the board of control or a member or employee of the board of
control in respect of anything done in the bona fide exercise or performance of its
or his or her powers or duties in terms of this Act; or
(b) against the Law Society, the Council, a member of the Council or official or
employee thereof, in respect of a notification issued in good faith for the purposes
of section 72(1)(f).
Preservation and disposal of records and documents in possession of board of control
78. (1) A record or document in possession of the board of control relating to a

claim instituted against the fund shall, subject to the provisions of subsection (2), be preserved
at the office of the secretary of the board of control.
(2) The chairperson of the board of control may, after the lapse of five years from the
date on which a claim to which a record or document relates is settled by the board of control or
adjudicated upon by a court or rendered unenforceable by lapse of time, direct that such record
or document be removed to some other place of custody or be destroyed or otherwise disposed

of.
PART VII
GENERAL
***
79.
[section 79 deleted by Act 22 of 2002]
Rules of Court
80. In addition to the matters mentioned in section 39 of the High Court Act, 1990 (Act
16 of 1990), the Judge-President may, subject to the provisions of that section, and after
consultation with the chairperson of the Council, make rules in relation to the procedure to be
followed and the information to be supplied to the Court by any applicant for admission under
this Act.
Regulations
81. (1) The Minister, after consultation with the Board, may make regulations
prescribing anything which in terms of Part I is to be prescribed or which the Minister considers
it necessary or expedient to prescribe for the purposes of any provision of this Act.
(2) The Minister may, after consultation with the Chief Justice, make regulations -
(a) determining the rights, duties and powers of a curator bonis appointed under
section 28(2);
(b) specifying the conditions subject to which lawyers resident in a country declared as
a reciprocating country under section 85(1) may be registered and the conditions
subject to which such lawyers, once registered, may practise in Namibia;
(c) determining the certificate which shall be endorsed on any document specified in
the regulations by any person preparing such document for or on behalf of another
person;
(d) determining the acts which shall not be performed by any person other than a legal
practitioner.
(3) For the purposes of the provisions of this Act relating to the fund, the Minister
may, after consultation with the Chief Justice and the Council, make regulations relating to -
(a) the method of payment and recovery of contributions to the fund;
(b) the form in which and the periods within which notice is to be given to the
Council and the board of control in respect of claims against the fund and the
particulars thereof, and the conditions subject to which and the extent to
which the board of control may settle claims without recourse to judicial
proceedings;
(c) the form of certificates to be issued to legal practitioners and of declarations,

applications, notices and documents to be used in relation to an application
or refusal of an application relating to the fund;
(d) the obtaining of evidence for the purposes of the fund that a person has been
admitted to practise or is still practising or has ceased to practise, or as to the
reason why a person has discontinued practising, and generally for the
obtaining of information which is considered necessary or desirable for the
purposes of determining the merits of applications for fidelity fund
certificates or matters related thereto;
(e) the election of the chairperson and other office-bearers of the board of
control;
(f) the opening of offices for and the regulation of the management and
administration of the board of control, including the manner and form in
which all agreements, deeds and documents shall be drawn up and executed
by or on behalf of the board of control;
(g) the authorization of the board of control or a committee thereof to subpoena

and examine on oath or affirmation a person whose evidence it is considered
necessary to obtain in order to enable the board of control or a committee
thereof to decide on the validity of a claim submitted against the fund;
(h) the time when and the manner in which interest referred to in section 26(4)
shall be paid over to the fund;
(i) generally, such other matters as may be considered necessary or expedient

by the Minister for the purpose of achieving the objects of the provisions of
this Act relating to the fund.
(4) In the case of regulations made under subsection (2), any regulation -
(a) made under paragraph (c) thereof, may provide for a penalty by way of a fine not
exceeding N$1 000 or imprisonment for a period not exceeding three months for
any contravention thereof or any failure to comply therewith;
(b) made under paragraph (d) thereof, may provide for exemptions, either temporarily
or permanently or partially or wholly, from the prohibitions contained therein in
respect of particular persons or categories of persons or in respect of a specific
matter connected with any act mentioned in such regulations, but an exemption
granted permanently shall not be cancelled or withdrawn unless such cancellation
or withdrawal has been approved by resolution of the National Assembly.
Evidence
82. A certificate purporting to be signed by the Registrar and certifying that -
(a) the name of a person appears on the Roll, shall on its mere production be prima
facie evidence that such person is enrolled as a legal practitioner;
(b) the name of a person has been removed from or does not appear on the Roll, shall
on its mere production be prima facie evidence that such person is not enrolled as a
legal practitioner;
(c) that a legal practitioner has been suspended from practice for a period specified in
that certificate, shall on its mere production be prima facie evidence that such legal
practitioner has been suspended from practice for that specified period.
Oath or affirmation upon admission and enrolment
83. A person who is admitted and authorised to practise as a legal practitioner shall,
upon being so admitted and authorised, take an oath or make a solemn affirmation before the
Judge-President, or a Judge designated by the Judge-President for that purpose, in the terms set
forth in Schedule 1.
Legal practitioners are officers of the Court
84. A person admitted to practise as a legal practitioner shall be an officer of the Court.
Reciprocal arrangements and certificates of authorization to act in Namibia
85. (1) Where the Minister is satisfied that the law of a foreign country permits the
admission or authorization otherwise of legal practitioners resident in Namibia to practise law in
that country, whether generally or in particular cases, the Minister may, after consultation with
the Chief Justice and by notice in the Gazette, declare such country to be a reciprocating country
for the purposes of this Act.
(2) Where the Chief Justice or, in his or her absence, the Judge-President is satisfied
that, having regard to the complexity or special circumstances of a matter, it is fair and
reasonable for a person to obtain the services of a lawyer who has special expertise relating to
the matter and that the lawyer is not resident in Namibia or a reciprocating country, he or she
may, upon application made to him or her in that behalf, grant to such lawyer a certificate
authorising him or her to act in Namibia in relation to that matter.
(3) A certificate granted under subsection (2) shall be subject to the condition that the
lawyer concerned shall not engage in the practising of law in Namibia except in relation to the
matter for which the certificate was granted.
(4) A copy of every certificate granted under subsection (2) shall be delivered to the
Council.
(5) A lawyer from a reciprocating country permitted to practise in Namibia in

accordance with regulations made under section 81(2)(b) and a lawyer acting under a certificate
granted under subsection (2), shall not be entitled to accept, receive or hold trust money.
Notaries public
86. (1) A legal practitioner shall not perform any act which in terms of any law may
be performed only by a notary public, unless he or she has been appointed as a notary public
under subsection (2), or is deemed to have been so appointed in terms of subsection (3).
(2) The Chief Justice may on application made by a legal practitioner appoint such
legal practitioner as a notary public if the Chief Justice is satisfied -
(a) that the applicant has been engaged in the practice of the profession in Namibia for
a period of not less than 5 years; and
(b) that no proceedings are pending to strike the applicant’s name from the Roll or to
suspend him or her from practice.
(3) A person who was entitled to practise as a notary public in terms of the Attorneys
Act, 1979 (Act 53 of 1979), immediately before the commencement of this Act, shall be deemed
to have been appointed as such under subsection (2).
(4) Notwithstanding subsection (2), the Chief Justice may, if he or she deems it fit in a
particular case, appoint a legal practitioner as a notary public although such a legal practitioner
has been engaged in the practice of the profession for less than five years.
Practice of conveyancing
87. (1) A Legal practitioner shall not present any document for registration in a
deeds registry or for attestation or execution by the registrar of deeds in terms of any law, unless
he or she holds a certificate as having passed an examination in conveyancing set and held by
the Board under section 11(1)(d) or is, in terms of subsection (2) of this section, deemed to be
the holder of such a certificate, but a legal practitioner appointed or deemed to have been
appointed as a notary public in terms of section 86 shall not be precluded from so presenting for
registration or attestation or execution any notarial deed.
[Subsection (1) is substituted by Act 4 of 1997. The word “Legal”

in the first use of the phrase “legal practitioner” should not be capitalised.]
(2) A person who was entitled to practise as a conveyancer in terms of the Attorneys
Act, 1979 (Act 53 of 1979), immediately before the commencement of this Act, shall deemed to
be the holder of a certificate referred to in subsection (1).
Transfer of assets, rights, liabilities and obligations to Law Society
88. (1) Upon the commencement of this Act, all assets, rights, liabilities and
obligations of the society which existed under the Attorneys Act, 1979 (Act 53 of 1979)
(hereinafter referred to as the existing society) shall vest in the Law Society of Namibia
established by this Act.
(2) Every agreement, deed, bond, certificate or other instrument to which the existing
society was a party or which affected that society, and whether or not of such a nature that the
rights, liabilities and obligations thereunder could be assigned prior to the commencement of
this Act, shall with effect from the commencement of this Act, have effect and be enforceable as
if the Law Society were a party thereto or affected thereby instead of the existing society, and
every reference therein to the existing society shall be construed as a reference to the Law
Society established by this Act.
(3) Any proceedings pending immediately before the commencement of this Act to
which the existing society was a party shall be continued as if the Law Society established by
this Act was a party thereto in lieu of the existing society.
(4) In respect of the transfer, hypothecation or lease of property or of an agreement or

certificate or other instrument which is the subject of registration by virtue of a law, the
competent officer of the appropriate registration authority shall, upon the request of the Law
Society, without payment of transfer duty, stamp duty or any other fee or charge, make such
entry or endorsement or issue such new certificate or take such other action as may be required
to give effect to the provisions of this section.
Transitional provisions in relation to Council of the Law Society

89. (1) For the purposes of the functioning of the Council during the period between
the commencement of this Act and the close of the first annual general meeting of the Law
Society held in accordance with the provisions of section 44(1), and notwithstanding the
provisions of section 45 and the repeal of the laws referred to in section 94, the Council shall
consist of -
(a) six persons who shall be appointed by the council which immediately before the
date of commencement of this Act existed under the Attorneys Act, 1979 (Act 53
of 1979), from among those persons who were members of that council
immediately before that date; and
(b) three persons who shall be appointed by the society which immediately before the
commencement of this Act existed under the name of the Society of Advocates of
Namibia, from among persons who were immediately before that date practising as
advocates.
(2) The Council constituted in accordance with the provisions of subsection (1) shall
elect from its members a chairperson and a vice-chairperson.
(3) For the purposes of the Council constituted in accordance with subsection (1) -
(a) five members shall constitute a quorum at any meeting thereof;
(b) any casual vacancy occurring in the membership thereof shall be filled by the co-
option by that Council of a legal practitioner for the unexpired portion of the period
referred to in subsection (1).
(4) Until the first election of the members of the Council in accordance with the
provisions of section 45(1), the Council constituted in terms of subsection (1) shall be
competent to exercise the powers and perform the duties and functions conferred upon or
assigned to the Council by this Act.
Transitional provisions in relation to Legal Practitioners’ Fidelity Fund Board of Control
90. The Legal Practitioners’ Fidelity Fund Board of Control which existed, and the
committees appointed by that board, in terms of the Legal Practitioners’ Fidelity Fund Act, 1990
(Act 22 of 1990), immediately before the commencement of this Act, shall continue to exist and
the members thereof shall continue to hold office, as if that board was established and the
members of that board and those committees were appointed in terms of Part VI of this Act,
until the next board of control is constituted under this Act.
Transitional provisions in relation to practical legal training and obtaining of fidelity fund
certificate or exemption by existing advocates
91. (1) Notwithstanding anything to the contrary in this Act contained, the course
provided at the Centre before the commencement of this Act for the purpose of training persons
to qualify as legal practitioners shall be deemed to have been provided pursuant to the
provisions of section 16(1) and any period of practical training undergone with an attorney or
advocate before the commencement of this Act shall be deemed, for the purposes of section
5(2), to have been a period of practical legal training under attachment to a legal practitioner.
(2) A legal practitioner who, immediately before the commencement of this Act, was
practising as an advocate shall be entitled to continue his or her practice, notwithstanding that he
or she does not hold a fidelity fund certificate or is not exempted from holding such certificate
under this Act: Provided that such a legal practitioner -
(a) shall cease to be entitled to so continue his or her practice upon the expiration of
the period of three months after the date of commencement of this Act, or such
longer period as the Minister, by notice in the Gazette, may determine, and shall
before the expiration of such period, obtain either a fidelity fund certificate or an
exemption from the holding of such a certificate in accordance with the provisions
of this Act;
(b) shall not, during the period referred to in paragraph (a), be entitled to accept or
receive or hold moneys for or on account of another person, unless he or she has
obtained a fidelity fund certificate, and during that period the provisions of
subsection (3) of section 67 shall apply to such a legal practitioner as if he or she
had been exempted under subsection (2) of that section.
Interpretation of certain references in laws
92. Subject to the provisions of this Act, a reference in any other law to an advocate, a
counsel or an attorney, shall be construed as a reference to a legal practitioner.
(2) A reference in any other law to -
(a) a conveyancer admitted under the Attorneys Act, 1979 (Act 53 of 1979), shall be
construed as a reference to a legal practitioner holding, or deemed to be holding,
the certificate in conveyancing referred to in section 87;
(b) a notary public, shall be construed as a reference to a notary public appointed or

deemed to be appointed under section 86.
Amendment of the High Court Act
93. Section 3 of the High Court Act, 1990 (Act 16 of 1990), is amended by the
substitution for paragraph (c) of the following paragraph:
“(c) such a person has practised as a legal practitioner in Namibia, whether before or
after the commencement of the Legal Practitioners Act, 1995, or in a country
referred to in paragraph (a) or (b), for a period of not less than five years.”.
Repeal of laws and savings
94. (1) Subject to subsections (2), (3) and (4), the laws referred to in column 2 of
Schedule 2 are, subject to the provisions of this section, repealed to the extent referred to
column 3 of that Schedule.
(2) Notwithstanding the repeal of the Attorneys Act, 1979 (Act 53 of 1979), sections 2,
3, 6, 7, 8, 9, 10, 11, 14 and paragraphs (bA), (c) and (d) of section 80 of that Act, and any
regulations or rules made or fees prescribed for the purposes of or in connection with those
provisions shall, until expiration of the period referred to in section 5(1)(b)(i) of this Act, remain
in force and effect in relation to a person who immediately before the commencement of this
Act was a candidate attorney as defined in that Act, and for the purposes of this subsection, a
reference in any of those provisions to -
(a) the council and to the society shall be construed as a reference to the Council and
to the Law Society established under this Act;
(b) an attorney shall be deemed to be a reference to a legal practitioner.

(3) Notwithstanding the repeal of the Admission of Advocates Act, 1964 (Act 74 of
1964), section 3A of that Act, and any notice issued thereunder shall, until expiration of the
period referred to in section 6(2), remain in force and effect in relation to a person who
immediately before the commencement of this Act was undergoing pupillage as contemplated in
that Act.
(4) Anything made or prescribed, including regulations or rules, or done under the
provisions of any law repealed by subsection (1), and having the force of law immediately
before the commencement of this Act shall, insofar as they are not inconsistent with any of the
provisions of this Act, continue to be in force, until altered or revoked by the competent
authority under the provisions of this Act.
Short title and commencement
95. This Act shall be called the Legal Practitioners Act, 1995, and shall come into
operation on a date to be determined by the Minister by notice in the Gazette.
Schedule 1
(Section 83)
OATH / AFFIRMATION
“I, .................................................................................................................. , do swear / solemnly

affirm that I will truly and honestly demean myself in the practice of a legal practitioner
according to the best of my knowledge and ability and will defend and uphold the Constitution
of the Republic of Namibia as the Supreme Law.
So help me God”
(in the case of an oath)
……………..…………………………..
SIGNATURE
…….……….…………………………..
JUDGE-PRESIDENT / JUDGE
Schedule 2
LAWS REPEALED
(Section 94)
Column 1 Column 2 Column 3
No. and year of law Title Extent of repeal
Proclamation No. 21 of Administration of Justice Proclamation, 1919 Section 11, in so far as

1919 the provisions thereof are
still in force
Act No. 74 of 1964 Admission of Advocates Act, 1964 The whole
Act No. 73 of 1965 Admission of Advocates Amendment Act, 1965 The whole
Ordinance No. 28 of Legal Practitioners’ Fidelity Fund Ordinance, The whole

1967 1967
Act No. 29 of 1974 General Law Amendment Act, 1974 The whole
Act No. 53 of 1979 Attorneys Act, 1979 The whole
Act No. 76 of 1980 Attorneys Amendment Act, 1980 The whole
Act No. 103 of 1983 Second Attorneys Amendment Act, 1983 The whole
Act No. 60 of 1984 Admission of Advocates Amendment Act, The whole

1984
Act No. 108 of Attorneys Amendment Act, 1984 The whole

1984

1987
Act No. 22 of 1990 Legal Practitioners’ Fidelity Fund Act, The whole
1990

Act No. 19 of 1991 Admission of Advocates Act, 1991 The whole

1993
Schedule 3
(Section 5(1)(d))
Antigua and Barbuda

Australia
Commonwealth of the Bahamas
People’s Republic of Bangladesh
Barbados
Belize
Brunei Darussalam
Canada
Democratic Socialist Sri Lanka
Dominica
Federal Republic of Nigeria
Fiji
Ghana
Grenada
Guyana
Independent Republic of Vanautu
[The word “Vanuatu” is misspelt in the Government Gazette, as reproduced above.
The country’s name, according to its Constitution as revised in 1988, is “Republic of Vanuatu”.]
Jamaica
Kingdom of Lesotho
Kingdom of Swaziland
Kingdom of Tonga
Malawi
Malaysia
Mauritius
New Zealand
Papua New Guinea
Republic of Botswana
Republic of Cyprus
Republic of the Gambia
Republic of India
Republic of Ireland
Republic of Kenya
Republic of Kiribati
Republic of Maldives
Republic of Malta
Republic of Nauru
Republic of Singapore
Republic of South Africa
Republic of Uganda
Republic of Zambia
Republic of Zimbabwe
St. Christopher-Nevis
St. Lucia
St. Vincent and the Grenadines
Seychelles
Sierra Leone
Solomon Islands
Trinidad and Tobago
Tuvalu
United Kingdom of Great Britain and Northern Ireland
United Republic of Tanzania
United States of America
Western Samoa
Schedule 4
(Section 2(3))
LEGAL PRACTITIONER CERTIFICATE OF ENROLMENT
THIS IS TO CERTIFY that .................................................................................................... was,

on the .................................. day of .................................. , enrolled as a legal practitioner in
terms of the Legal Practitioners Act, 1995, and is accordingly entitled to all the rights and
privileges and charged with all the responsibilities attaching to the practice of the profession of
a legal practitioner.
.................................................................................. Registrar of the High Court of Namibia
Date ......................................................................
[Seal of the High Court of Namibia]

Legal Practitioners Act 15 of 1995

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Legal Practitioners Act 15 of 1995

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Legal Practitioners Act 15 of 1995

Legal Practitioners Amendment Act 4 of 1997 (GG 1586)

(Signed by the President on 23 August 1995)