Are Advocates act entitled to take out a practicing certificate under section 10 of Advocates Act?
Community discussion
Raphael
Section 10 of the Advocates Act does not itself grant a practising certificate. However, It gives specified public officers a limited exemption: if they held the prescribed qualifications when appointed, they may act as advocatesonly in connection with their official duties without being treated as unqualified. They may not charge fees for that official work.
Please note that an officer covered by section 10 may still apply for an annual practising certificate under section 22.
Section 9 of the Advocates Act ordinarily requires an advocate to be admitted, remain on the Roll of Advocates, and hold a practising certificate in force. However officers in the Office of the Attorney-General, the Office of the Director of Public Prosecutions, specified land registrars, and other public officers or public-corporation officers named by Gazette notice are exempted under section 10, although the exemption is limited to the duties of that office. An excempted officer should not assume that the exemption permits private legal practice or charging clients.