Janse Van Rensburg v Prokureursorde van die Vrystaat (3607/2013 , 4935/2013) [2014] ZAFSHC 52 (17 April 2014)

Janse Van Rensburg v Prokureursorde van die Vrystaat (3607/2013 , 4935/2013) [2014] ZAFSHC 52 (17 April 2014)

The court found that Ms Gouws, the principal, had in substance practised for her own account for the requisite period, managing her own files and earning commission, and was competent to supervise the applicant. The respondent had registered the articles without objection, and the applicant had completed her term and passed all examinations. The court held that the statutory purpose was achieved and that denying admission would be unfair. The articles were valid, and the applicant was entitled to admission as an attorney, subject to the issuance of the required certificate by the respondent.

Citation
[2014] ZAFSHC 52
Parties
Applicant: Juanita Janse Van Rensburg; Respondent: Die Prokureursorde van die Vrystaat
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 April 2014
Case Number
3607/2013 , 4935/2013
Procedural Posture
Review Application / Application for Declaratory Relief and Admission as Attorney
Outcome
Application granted. The applicant is declared to have substantially complied with the Attorneys Act and is entitled to admission as an attorney, subject to certification.
Judges
A. Kruger, N.C. Erasmus
Legal Topics
Admission of Attorneys, Interpretation of Statutes, Validity of Contracts
Administrative Law Civil Procedure Admission of Attorneys Interpretation of Statutes Validity of Contracts

Case Brief

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Parties

Juanita Janse Van Rensburg

Applicant

Die Prokureursorde van die Vrystaat

Respondent

Procedural Posture

Review Application / Application for Declaratory Relief and Admission as Attorney

Legal Issues

  1. 1 Whether the applicant's articles of clerkship were valid under section 3(1) of the Attorneys Act 53 of 1979.
  2. 2 Whether the principal, Ms Gouws, met the statutory requirement of practising for three years on her own account at the time the contract was signed.
  3. 3 Whether the applicant is entitled to admission as an attorney despite the respondent's objection.

Ratio Decidendi

The court found that Ms Gouws, the principal, had in substance practised for her own account for the requisite period, managing her own files and earning commission, and was competent to supervise the applicant. The respondent had registered the articles without objection, and the applicant had completed her term and passed all examinations. The court held that the statutory purpose was achieved and that denying admission would be unfair. The articles were valid, and the applicant was entitled to admission as an attorney, subject to the issuance of the required certificate by the respondent.

Court Disposition

Application granted. The applicant is declared to have substantially complied with the Attorneys Act and is entitled to admission as an attorney, subject to certification.

Orders

  • It is declared that the applicant has substantially complied with the provisions of the Attorneys Act 53 of 1979 and is entitled to be admitted as an attorney of this Court.
  • The application is postponed sine die for the issuance of the certificate contemplated in section 16(a) of Act 53 of 1979.