Thendele and Another Legal Practice Council and Others (10641/2020) [2022] ZAGPPHC 170 (28 March 2022)

Thendele and Another Legal Practice Council and Others (10641/2020) [2022] ZAGPPHC 170 (28 March 2022)

The court held that section 112(2) of the Legal Practice Act preserves the right of BProc graduates who registered before 1 January 1999 to be admitted as attorneys, provided all other requirements are met. Section 112(2) does not prevent the registration of practical vocational training contracts for such graduates. Regulation 6 must be read to include BProc graduates as qualifying for registration of practical vocational training contracts until Parliament amends the Act or Regulations. The Legal Practice Council is ordered to register the applicants' contracts retrospectively, provided all statutory requirements are met. The application for constitutional invalidity is postponed sine...

Citation
[2022] ZAGPPHC 170
Parties
Applicant: Gabaikangwe Evelyn Thendele; Applicant: Zwelibanzi Solumba Thendele; Respondent: Legal Practice Council; Respondent: Minister of Justice and Correctional Services; Respondent: Minister of Higher Education and Training
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 March 2022
Case Number
10641/2020
Procedural Posture
Constitutional Application / Judgment
Outcome
Application for constitutional invalidity postponed sine die; declaratory and mandatory relief granted regarding registration of practical vocational training contracts for BProc graduates; costs order that each party pays its own costs.
Judges
E van der Schyff
Legal Topics
Legal Practitioners Admission, Transitional Arrangements, Constitutional Invalidity, Practical Vocational Training, Regulation Interpretation
Administrative Law Civil Procedure Legal Practitioners Admission Transitional Arrangements Constitutional Invalidity Practical Vocational Training Regulation Interpretation

Case Brief

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Parties

Gabaikangwe Evelyn Thendele

Applicant

Zwelibanzi Solumba Thendele

Applicant

Legal Practice Council

Respondent

Minister of Justice and Correctional Services

Respondent

Minister of Higher Education and Training

Respondent

Procedural Posture

Constitutional Application / Judgment

Legal Issues

  1. 1 Whether section 26(1)(a) of the Legal Practice Act and regulation 6 validly preclude BProc graduates from registering practical vocational training contracts.
  2. 2 Whether section 112(2) of the Legal Practice Act excludes BProc graduates from registering practical vocational training contracts.
  3. 3 Whether the refusal by the Legal Practice Council to register the applicants' contracts was lawful.

Ratio Decidendi

The court held that section 112(2) of the Legal Practice Act preserves the right of BProc graduates who registered before 1 January 1999 to be admitted as attorneys, provided all other requirements are met. Section 112(2) does not prevent the registration of practical vocational training contracts for such graduates. Regulation 6 must be read to include BProc graduates as qualifying for registration of practical vocational training contracts until Parliament amends the Act or Regulations. The Legal Practice Council is ordered to register the applicants' contracts retrospectively, provided all statutory requirements are met. The application for constitutional invalidity is postponed sine...

Court Disposition

Application for constitutional invalidity postponed sine die; declaratory and mandatory relief granted regarding registration of practical vocational training contracts for BProc graduates; costs order that each party pays its own costs.

Orders

  • The application for constitutional invalidity of sections 26(1)(a) and 112(2) of the Legal Practice Act, 28 of 2014 is postponed sine die.
  • The first and second applicants are not precluded from registering practical vocational contracts by virtue of being BProc graduates.