Legal Practice Act, 2014 (Act No. 28 of 2014)

Rules

Legal Services Ombud Rules

1. Definitions

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In these Rules, any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise—

 

"Annual Performance Plan"

means a document that outlines the goals, objectives and performance indicators and targets that the organisation aims to achieve over the course of the year;

 

"complaint"

means a complaint made or referred to the Ombud in terms of section 48 of the Act;

 

"complainant"

means any person who, or entity which, lodges a complaint with the Ombud in terms of section 48 of the Act;

 

"Council"

means the South African Legal Practice Council established in terms of section 4 of the Act;

 

"day"

means any day that excludes a Saturday, Sunday, or public holidays;

 

"dispute"

means a dispute as referred to in section 48 of the Act;

 

"dispute resolution"

means to endeavour to resolve a dispute or rectify any act or omission by means of mediation, conciliation, negotiation, the giving of advice or any other means considered expedient by the Ombud;

 

"inquiry"

means the process of obtaining information and documentation as set out in section 48(2) of the Act;

 

"investigation"

means an investigation as referred to in sections 14(2) and 48(1)(a) of the Act and may include an inquiry;

 

"lay person"

means a person appointed in terms of Section 37(5)(e)(ii) of the Act;

 

"parties"

means a complainant, a respondent, witness and any person or entity who may be affected by the outcome of the investigation;

 

"referral"

means submitting to the bodies or authorities, as referred to in section 48, any aspect of a complaint which has a bearing on such entity; and

 

"the Act"

means the Legal Practice Act, 2014 (Act No. 28 of 2014)