South Africa Case Law

of Raseboye (30717/2008), Ex parte

of Raseboye (30717/2008), Ex parte [2009] ZAGPPHC 270 (7 August 2009)

Court

North Gauteng High Court, Pretoria

Case number

30717/2008

Judges

N.M. Mavundla, P.M. Mabuse

The court found that the applicant had completed his articles of clerkship as required by the Attorneys Act, and had gained sufficient experience in various legal disciplines. The allegations of misconduct and lack of experience made by the principal were unsupported by evidence, hearsay, and not corroborated by any affidavits or documentation. The Law Society was unable to make a finding and left the matter to the court's discretion. Applying the Plascon-Evans rule, the court rejected the principal's allegations as far-fetched and untenable, and accepted the applicant's version. There was no…

Source excerpt

• Admission Of Attorneys
• Fit And Proper Person
• Articles Of Clerkship
• Attorneys Act Compliance

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

Mashaba v Cuzen and Woods (J236/97)

Mashaba v Cuzen and Woods (J236/97) [1998] ZALC 43 (26 June 1998)

Court

Labour Court

Case number

J236/97

Judge

R.M.M. Zondo

The Labour Court held that articles of clerkship can create an employment relationship, and dismissed the respondent’s jurisdictional objection in limine.

• Articles Of Clerkship
• Employment Relationship
• Jurisdiction Of Labour Court
• Definition Of Employee
• Termination Of Employment
• Articles-of-clerkship