• Danielle Geldenhuys

SA Law Reform Commission Report on Project 142 – Investigation into legal fees


The South African Law Reform Commission released a Report on Project 142: Investigation into legal fees – including access to justice and other interventions on 29 March 2022.


The report contains the SA Law Report Commission’s final recommendations for law reform, including a proposed draft Bill, Justice Laws General Amendment Bill. The purpose of the Bill is “To amend certain laws of the Republic administered by the Department of Justice and Constitutional Development so as to make provision for a mechanism to determine legal fees and tariffs chargeable by legal practitioners for legal services rendered.”


Contents of the report include the following:

  • Executive Summary

  • Mechanism for party-and-party costs

  • Mechanism for attorney-and-client fees

  • The context for attorney-and-client fees

  • Options for attorney-and-client fees

  • Opting-out of a fee determined by the mechanism

  • Other proposed amendments to the Legal Practice Act, 2014 – Proposed amendments to the Rules Board for the Courts of Law Act, 1985

  • Proposed amendments to the Contingency Fees Act, 1997

  • Proposed amendments to the Criminal Procedure Act, 1977

  • Proposed non-legislative interventions

  • Factors and circumstances giving rise to unattainable legal fees

  • Access to legal services by users in the lower- and middle-income bands

  • Mandatory fee arrangements

  • Contingency fee agreements

  • Mechanism for party-and-party costs

  • Mechanism for attorney-and-client fees

  • Legal services for the upper-income band natural persons and juristic entities.


Download the report at

https://www.justice.gov.za/salrc/reports/r-pr142-LegalFees-30Mar2022.pdf

and the media release at

https://www.justice.gov.za/salrc/media/20220330-Report-Prj142-LegalFees-30Mar2022.pdf


Date Posted: 19 April 2022


Image: Pixabay

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