Attorneys Act, 1979 (Act No. 53 of 1979)Chapter II : Fidelity Fund26. Purpose of fund |
Subject to the provisions of this Act, the fund shall be applied for the purpose of reimbursing persons who may suffer pecuniary loss as a result of—
| (a) | theft committed by a practising practitioner, his candidate attorney or his employee, of any money or other property entrusted by or on behalf of such persons to him or to his candidate attorney or employee in the course of his practice or while acting as executor or administrator in the estate of a deceased person or as a trustee in an insolvent estate or in any other similar capacity; and |
| (b) | theft of money or other property entrusted to an employee referred to in paragraph (cA) of the definition of 'estate agent' in section 1 of the Estate Agents Act, 1976 (Act No. 112 of 1976), or an attorney or candidate attorney referred to in paragraph (d) of the said definition, and which has been committed by any such person under the circumstances contemplated in those paragraphs, respectively, and in the course of the performance— |
| (i) | in the case of such an employee, of an act contemplated in the said paragraph (cA); and |
| (ii) | in the case of such an attorney or candidate attorney, of an act contemplated, subject to the proviso thereof, in the said paragraph (d). |
[Section 26 amended by section 15 of Act No. 87 of 1989]