s 100 Solicitor’s or lawyer (NP)’s application to remove own name
100.—(1) Any solicitor may, subject to this section and any rules made for the purpose of this section, apply to the court to have his or her name removed from the roll of advocates and solicitors.[Act 37 of 2023 wef 17/07/2024] [Act 37 of 2023 wef 17/04/2025] (1A) A lawyer (NP) may, subject to this section and any rules made for the purpose of this section, apply to the court to have his or her name removed from the roll of lawyers (NP).[Act 37 of 2023 wef 17/04/2025] (2) Every application under this section must be made by way of originating application and must be supported by an affidavit in the prescribed form which must be served on the Society not less than 2 months before the application is heard.[Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/04/2025] (3) The Society may for good cause require the applicant to advertise his or her intention to make the application in such manner as directed by the Society. (4) An application under this section is to be heard by a single Judge sitting in open court. (5) No order is to be made on an application under this section if the Judge is satisfied that —(a) disciplinary action is pending against the applicant; or (b) the conduct of the applicant is the subject of inquiry or investigation under the provisions of this Part. (6) At the hearing of any such application, the Judge may make an order —(a) directing the Registrar to remove the applicant’s name from the roll of advocates and solicitors or the roll of lawyers (NP), as the case may be; or[Act 37 of 2023 wef 17/04/2025] (b) adjourning the application indefinitely or to such date as the Judge deems fit, and such order for the payment of costs as may be just. (7) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section, and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit.[Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/04/2025]