Bakkes and Five Similar Cases (3211/18), Ex parte [2019] ZAECGHC 3; 2019 (2) SA 486 (ECG) (18 January 2019)

Bakkes and Five Similar Cases (3211/18), Ex parte [2019] ZAECGHC 3; 2019 (2) SA 486 (ECG) (18 January 2019)

The court held that section 115 of the Legal Practice Act is unambiguous and clearly entitles persons who qualified for admission as advocates under the Admission of Advocates Act prior to 1 November 2018 to be admitted and enrolled under the Legal Practice Act. The reference to admission and enrolment 'in terms of this Act' means only that the Legal Practice Act is now the operative statute for admission, not that applicants must meet both sets of requirements. Requiring dual compliance would be unfair and contrary to the legislative intent. The court found that a dual admission system is not inconsistent with the Legal Practice Act, as section 115 recognises different requirements for...

Citation
[2019] ZAECGHC 3
Parties
Applicant: Drian Hendrik Bakkes
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
18 January 2019
Case Number
3211/18
Procedural Posture
Ex Parte Application / Admission as Advocate
Outcome
Orders granted admitting the applicants as advocates of the High Court of South Africa.
Judges
M Roberson
Legal Topics
Admission of Advocates, Legal Practice Act, Transitional Provisions, Statutory Interpretation
Civil Procedure Admission of Advocates Legal Practice Act Transitional Provisions Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Drian Hendrik Bakkes

Applicant

Procedural Posture

Ex Parte Application / Admission as Advocate

Legal Issues

  1. 1 Whether persons who obtained their LLB degrees prior to 1 November 2018 may be admitted as advocates without meeting the new requirements under the Legal Practice Act.
  2. 2 Whether section 115 of the Legal Practice Act creates a dual admission regime for advocates.

Ratio Decidendi

The court held that section 115 of the Legal Practice Act is unambiguous and clearly entitles persons who qualified for admission as advocates under the Admission of Advocates Act prior to 1 November 2018 to be admitted and enrolled under the Legal Practice Act. The reference to admission and enrolment 'in terms of this Act' means only that the Legal Practice Act is now the operative statute for admission, not that applicants must meet both sets of requirements. Requiring dual compliance would be unfair and contrary to the legislative intent. The court found that a dual admission system is not inconsistent with the Legal Practice Act, as section 115 recognises different requirements for...

Court Disposition

Orders granted admitting the applicants as advocates of the High Court of South Africa.

Orders

  • The applicants are admitted as advocates of the High Court of South Africa.