Alves and Others v Legal Practice Council (7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19;6156/19; 6845/19) [2019] ZAWCHC 96; 2019 (6) SA 18 (WCC) (31 July 2019)

Alves and Others v Legal Practice Council (7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19;6156/19; 6845/19) [2019] ZAWCHC 96; 2019 (6) SA 18 (WCC) (31 July 2019)

The court held that section 115 of the Legal Practice Act is a transitional provision intended to preserve the rights of those who qualified for admission under the previous regime prior to 1 November 2018. The applicants, already admitted as attorneys, are entitled to rely on section 115 to be enrolled as advocates, and it would be unfair and contrary to legislative intent to require them to comply with both the old and new requirements. The respondent's interpretation would place experienced practitioners at a disadvantage compared to new entrants, which the legislature could not have intended. The court found no ambiguity in section 115 and concluded that it applies to the applicants,...

Citation
[2019] ZAWCHC 96
Parties
Applicant: Reeva Joy Alves and Eight Similar Cases; Respondent: Legal Practice Council
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
31 July 2019
Case Number
7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19; 6156/19; 6845/19
Procedural Posture
Civil Application / Reasons for Order Following Opposed Admission Applications
Outcome
The applications were granted; the applicants were admitted as legal practitioners and ordered to be enrolled as advocates.
Judges
Hlophe, Baartman
Legal Topics
Admission of Legal Practitioners, Legal Practice Act, Conversion of Enrolment, Transitional Provisions
Civil Procedure Admission of Legal Practitioners Legal Practice Act Conversion of Enrolment Transitional Provisions

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Parties

Reeva Joy Alves and Eight Similar Cases

Applicant

Legal Practice Council

Respondent

Procedural Posture

Civil Application / Reasons for Order Following Opposed Admission Applications

Legal Issues

  1. 1 Whether attorneys already admitted as legal practitioners are entitled to rely on section 115 of the Legal Practice Act to be enrolled as advocates.
  2. 2 Whether section 32 or section 115 of the Legal Practice Act governs the conversion from attorney to advocate for those admitted before 1 November 2018.
  3. 3 Whether the interpretation of section 115 should preserve rights of experienced legal practitioners under transitional provisions.

Ratio Decidendi

The court held that section 115 of the Legal Practice Act is a transitional provision intended to preserve the rights of those who qualified for admission under the previous regime prior to 1 November 2018. The applicants, already admitted as attorneys, are entitled to rely on section 115 to be enrolled as advocates, and it would be unfair and contrary to legislative intent to require them to comply with both the old and new requirements. The respondent's interpretation would place experienced practitioners at a disadvantage compared to new entrants, which the legislature could not have intended. The court found no ambiguity in section 115 and concluded that it applies to the applicants,...

Court Disposition

The applications were granted; the applicants were admitted as legal practitioners and ordered to be enrolled as advocates.

Orders

  • The South African Legal Practice Council is directed to remove each of the applicants from the roll of attorneys.
  • The South African Legal Practice Council is ordered to enrol each of the applicants to the roll of advocates.