South Africa Case Law

Law Society of the Northern Provinces v Mahon (86/10)

Law Society of the Northern Provinces v Mahon (86/10) [2010] ZASCA 175; 2011 (2) SA 441 (SCA) ; [2011] 2 All SA 481 (SCA) (2 December 2010)

Court

Supreme Court of Appeal

Case number

86/10

Judges

Lewis, Cachalia, Leach, Tshiqi, Ebrahim

The Supreme Court of Appeal held that section 13(2) of the Attorneys Act only permits condonation of irregular service where the candidate attorney has entered into a valid clerkship agreement. The respondent's initial employment agreement did not comply with the statutory requirements and was not intended to be a clerkship agreement. Therefore, the period served under that agreement could not be condoned. The Court rejected the argument that fairness and justice, or the respondent's constitutional right to choose her profession, could override the clear statutory requirements. The Court furt…

Source excerpt

• Attorneys Act Interpretation
• Admission To Practice
• Condonation Of Irregular Service
• Bill Of Rights Limitation

Barrat, Ex parte (7049/08)

Barrat, Ex parte (7049/08) [2008] ZAGPHC 162 (6 June 2008)

Court

High Courts - Gauteng

Case number

7049/08

Judges

Legodi, Makgoka

The court refused to condone irregular articles of clerkship and postponed the applicant’s admission as an attorney sine die.

• Attorneys Act
• Admission To Practice
• Irregular Service
• Condonation
• Articles Of Clerkship
• Attorneys-act

Ngwenya In Re: Ngwenya v Society of Advocates (Pretoria) and Another (3454/05), Ex parte

Ngwenya In Re: Ngwenya v Society of Advocates (Pretoria) and Another (3454/05), Ex parte [2005] ZAGPHC 2; 2006 (2) SA 88 (W) (14 October 2005)

Court

High Courts - Gauteng

Case number

3454/05

Judges

IW Schwartzman, LI Goldblatt

The court held that an applicant for admission as an advocate who has a criminal conviction may rebut the presumption of unfitness by showing that the conviction was wrongful. However, the applicant cannot simultaneously claim to have reformed and maintain innocence of the offences, as true reformation requires acknowledgment of the wrongful act. In this case, the applicant presented evidence of community service and character references suggesting reformation, but his assertion of wrongful conviction was inconsistent with those claims. The court found that the applicant had not come to terms…

Source excerpt

• Admission To Practice
• Fit And Proper Person
• Criminal Conviction
• Character Reformation

Mabaso v Law Society of the Northern Provinces (CCT 76/03)

Mabaso v Law Society of the Northern Provinces (CCT 76/03) [2004] ZACC 8; 2005 (2) SA 117 (CC); 2005 (2) BCLR 129 (CC) (5 October 2004)

Court

Constitutional Court

Case number

CCT 76/03

Judges

O'Regan, Chaskalson, Langa, Mokgoro, Moseneke, Ngcobo, Sachs, Skweyiya, van der Westhuizen, Yacoob

The Constitutional Court held that section 20 of the Attorneys Act unfairly discriminated against attorneys admitted under former homeland legislation.

• Unfair Discrimination
• Attorneys Act
• Admission To Practice
• Homeland Legislation
• Bill Of Rights Limitation
• Unfair-discrimination

Alberts v Prokureursorde van die Vrystaat (1996/2004)

Alberts v Prokureursorde van die Vrystaat (1996/2004) [2004] ZAFSHC 128 (6 September 2004)

Court

Free State High Court, Bloemfontein

Case number

1996/2004

Judges

C.H.G. Van der Merwe, D.J. Lombard

The court dismissed an urgent application for admission as a conveyancer after the profession’s body invalidated a contaminated conveyancing exam.

• Admission To Practice
• Conveyancing Examination
• Ultra Vires Decision
• Administrative Action
• Admission-to-practice
• Conveyancing-examination