Mdyesha (27320/2016), Ex parte [2016] ZAGPPHC 905; 2018 (4) SA 468 (GP) (4 August 2016)

Mdyesha (27320/2016), Ex parte [2016] ZAGPPHC 905; 2018 (4) SA 468 (GP) (4 August 2016)

Strict compliance with section 15(1)(b)(viA) of the Attorneys Act 53 of 1979 is not required for admission as an attorney. The purpose of the provision is to ensure that candidate attorneys are adequately equipped with practical skills before admission. If both the practical training course and articles of clerkship are satisfactorily completed, the legislative objective is achieved, regardless of the sequence. Insisting on strict compliance would unjustly bar candidates, particularly those from disadvantaged backgrounds, from entering the profession. The Court condoned the applicant's attendance of the practical training course prior to her articles, finding that substantive compliance...

Citation
[2016] ZAGPPHC 905
Parties
Applicant: Nasiphi Naledi Mdyesha
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 August 2016
Case Number
27320/2016
Procedural Posture
Ex Parte Application / Judgment on Admission as Attorney
Outcome
Application for admission as attorney granted; non-compliance with the timing requirement of section 15(1)(b)(viA) condoned.
Judges
T.M. Makgoka, D Molefe
Legal Topics
Admission of Attorneys, Attorneys Act Compliance, Practical Legal Training, Statutory Interpretation
Civil Procedure Admission of Attorneys Attorneys Act Compliance Practical Legal Training Statutory Interpretation

Case Brief

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Parties

Nasiphi Naledi Mdyesha

Applicant

Procedural Posture

Ex Parte Application / Judgment on Admission as Attorney

Legal Issues

  1. 1 Whether strict compliance with section 15(1)(b)(viA) of the Attorneys Act 53 of 1979 is required for admission as an attorney.
  2. 2 Whether attendance of the practical legal training course prior to registration or service of articles of clerkship is regular and sufficient for admission.

Ratio Decidendi

Strict compliance with section 15(1)(b)(viA) of the Attorneys Act 53 of 1979 is not required for admission as an attorney. The purpose of the provision is to ensure that candidate attorneys are adequately equipped with practical skills before admission. If both the practical training course and articles of clerkship are satisfactorily completed, the legislative objective is achieved, regardless of the sequence. Insisting on strict compliance would unjustly bar candidates, particularly those from disadvantaged backgrounds, from entering the profession. The Court condoned the applicant's attendance of the practical training course prior to her articles, finding that substantive compliance...

Court Disposition

Application for admission as attorney granted; non-compliance with the timing requirement of section 15(1)(b)(viA) condoned.

Orders

  • The applicant's attendance of the practical training course prior to registration of articles of clerkship is condoned.
  • The applicant is admitted as an attorney of the High Court.