Member of The Law Society?
The membership of the Society consists of:
- Any person who holds a practicing certificate issued under the LPA and has paid any prescribed subscription fee and undertakes to do pro bono or pro deo;
- Any member of the Attorney-General’s Chambers who has been admitted and enrolled as a legal practitioner;
- Any legal practitioner employed by the Government or a statutory corporation.
Therefore, every member of the Society, other than the persons mentioned in the First Schedule of the LPA shall pay to the Society such annual subscription as may be prescribed. [see fees]. Note that the Fourth and fifth Schedule fees are paid at the High Court, and the Society Subscription fees are paid at the Secretariat.
Admission & Enrolment
Any person who holds the requisite qualifications in terms of sections 4,5,6, or 9 may then apply to the court by petition in writing to be admitted and enrolled as a legal practitioner in the capacity mentioned in the application.
A copy of the application together with supporting affidavits and certificates are to be served on the Attorney-General and the Law Society not less than 28 days prior to the hearing of that application and such service may be effected personally or by registered post.
The Attorney-General and the Society may agree to accept service for a lesser period. Every admitted legal practitioner shall take oath or affirmation of office before the Registrar in order to be enrolled.
How Do I Become a Member
In order to become a member of the LSB one must comply with several requirements as outlined in the Act.
Citizens of Botswana
As a citizen of Botswana, to become a legal practitioner you must have first been admitted by the High Court having satisfied such Court that:
Citizen of a Commonwealth Country
If you are a person who is a citizen of a Commonwealth country (including a citizen of Botswana), you shall be qualified to be admitted as a legal practitioner if you satisfy the court of either one of the conditions laid down under section 5(a) to (d) and all the conditions stated from paragraphs (e) to (g) of Section 5.
Citizen of a Commonwealth Country
For those persons who are non-citizens, section 6(1) states that a person who is not a citizen of Botswana shall be qualified to be admitted as a legal practitioner if he satisfies the court that;
Practicing as Notaries & Conveyancers
The qualifications for admission as a notary or conveyancer are outlined below. Subject to first being admitted as an attorney, an individual shall be admitted as a notary or conveyancer if they satisfy the court that they meet the required criteria.
Practicing Certficate
Any legal practitioner who intends to practice shall apply to the Registrar for a practicing certificate (PC).
The Registrar shall, within 7 days of receipt of application issue a legal practitioner with a PC to practice in the capacity named in the form if he is satisfied that-
- His name is on the roll;
- In the case of an application for the first time, he has obtained a certificate of pupillage or he has been exempted from pupillage
- He is not suspended from practice;
- He has obtained a fidelity fund certificate under section 37 from the Society for the payment of the prescribed fee to the Fund;
- He has furnished a certified copy of the audited accounts of his trust account, certified as having been properly kept, to the Society:
Provided that the provisions of this paragraph shall not apply to a legal practitioner applying for a PC for the first time;
- He has paid the annual subscription fees prescribed under section 57;
- He has paid, if any, all fines imposed on him under section 53(7) or refunded moneys required to be refunded by him under section 53(8) Paragraphs (d) and (e) do not apply to Advocates.
A reduced fee of one half of the fee for a PC in relation to Advocates and Attorneys shall be payable in respect of the first two PC’s to be issued to an Advocate or Attorney after his admission.
Fidelity Guarantee Fund Certificate
Your application for a practicing certificate must be accompanied by your fidelity fund certificate and a confirmation of compliance with some of the requirements under section 30 (1) of the LPA.
Application for the Fidelity Certificate is submitted to the Secretary who shall, before issuing that certificate, satisfy himself that the name of the applicant is on the roll.
In order to the issued with the certificate, an annual contribution of P1 500 to the Fidelity Guarantee Fund must be made as prescribed [see fee structure]
