THE LAW SOCIETY OF CABINDA

Attorneys and Advocates Rules 2006

Preamble

This regulation is granted in accordance with the provisions of the Cabinda National Bank Act dated February 9, 2006 its Executive Regulations, directives and any amendments thereto it being found that the regulation of attorneys and advocates is necessary to the carrying out of the mandates of the National Bank Act.

Attorneys and Advocates Rules

Rules to revise and consolidate the Laws relating to the right to practise as an attorney and the regulation of the practice of advocates, and to provide for ancillary matters.

(1) For the purposes of this Law, a person is a “qualifying citizen” if the person is a Cabinda citizen or non citizen of at least one eighth Cabindan extraction or a “qualifying foreign national” if the person is a national of a common law state and their admission is in the national interest of Cabinda..

(2) Entitlement to practice as an attorney or advocate.

(A) A person shall be entitled to practice as an attorney before every tribunal of the Cabinda National Bank, Cabinda Financial Services Authority, Monetary Authority of Cabinda and other ad hoc Courts and Tribunals if the person has been admitted to the Bar.

(B) A person shall be entitled to practise as an advocate and provide services under the authority Cabinda National Bank, Cabinda Financial Services Authority, and Monetary Authority of Cabinda if the person has been admitted as an advocate.

(3) Requirements for admission to the Bar

(A) A person shall be entitled to be admitted to the Bar if –

(a) the person is a qualifying citizen or a qualifying foreign national; and

(b) the person fulfils the requirements in paragraph (2) or (3).

(2) The requirements are that –

A person of Cabindan citizenship or extraction has demonstrated to the satisfaction of the Cabinda Law Society, Committee of Bar Examiners that they are conversant in the common laws and the laws of Cabinda based on education and experience. Such person may be admitted as an attorney or an advocate or both. A person of Cabindan citizenship or extraction and who is of good moral character and holds an active license as attorney, advocate, barrister, solicitor, jurist or notary to practice law is eligible for admission without examination as an attorney or advocate or both.

(3) The requirements are –

A qualifying foreign national must hold a practicing license or certificate as an advocate, attorney, barrister, or solicitor from a common law jurisdiction, be of good moral character, and affirmatively demonstrate to the Committee of Bar Examiners that their admission as an attorney, advocate or both is in the national interest of the people of Cabinda.

(4) Application for qualifying examination

(A) No person may apply to sit the qualifying examination unless –

(a) the person has attained the age of 21 years;

(b) the person is a qualifying citizen or a qualifying foreign national; and

(c) the person fulfils the specified requirement (if any).

(B) An application to sit the qualifying examination shall be made in writing to the President of the Board not later than 90 days before the beginning of the month in which the examination is due to be held and shall be accompanied by such evidence and information as may be specified.

(5) Examination results

(1) The President of the Committee of Bar Examiners shall notify every person sitting the qualifying examination of the results of the examination.

(2) The President of the Committee of Bar Examiners shall deliver to each person who passes the examination a certificate to that effect that also entitles them to practice.

(6) Discipline , the Discipline Committee may –

(a) reprimand an attorney or advocate;

(b) censure an attorney or advocate, either informally or before a full meeting of the Committee; or

(c) expel or suspend an attorney or advocate for good cause upon peer review and the recommendation of the Committee.

(7) Military Zones - those portions of Cabinda under control of the Cabinda Defence Forces (FAC) and subject to active military operations may be excluded at the discretion of the local commander from this Act until such regions are under civil administration.

(8) Law Society of Cabinda - in administering the above rules, a Law Society of Cabinda shall be organized and delegated such authority necessary to carry out these Rules. The Law Society shall have the authority to set fees necessary to administer the Rules. The Law Society shall establish a fund to assist Cabindan citizens in the study of law and shall institute a policy of preference in favour of Cabindan citizens in administering these Rules.

(9) Citation

This Law may be cited as the Attorneys and Advocates (Cabinda) Law 2006 / 2007.


The Law Society of Cabinda

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