South Africa Case Law

South African Legal Practice Council v Alves and Others (1255/2019)

South African Legal Practice Council v Alves and Others (1255/2019) [2020] ZASCA 170; 2021 (4) SA 158 (SCA) (14 December 2020)

Court

Supreme Court of Appeal

Case number

1255/2019

Judges

Maya, Saldulker, Plasket, Eksteen, Unterhalter

Section 115 of the Legal Practice Act 28 of 2014 is not limited to applications for admission pending at the time of the Act's commencement. It preserves the right of any person who qualified for admission as an advocate, attorney, conveyancer, or notary prior to 1 November 2018 to be admitted and enrolled as such under the Act, without temporal limitation. The High Court retains jurisdiction to order conversion of enrolment from attorney to advocate where the practitioner qualifies for admission under the Act. The Legal Practice Council's interpretation requiring a pending application or add…

Source excerpt

• Legal Practitioners Admission
• Legal Practice Act
• Conversion Of Enrolment
• Transitional Provisions
• Statutory Interpretation

Alves and Others v Legal Practice Council (7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19;6156/19; 6845/19)

Alves and Others v Legal Practice Council (7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19;6156/19; 6845/19) [2019] ZAWCHC 96; 2019 (6) SA 18 (WCC) (31 July 2019)

Court

Western Cape High Court, Cape Town

Case number

7528/19; 6990/19; 6541/19; 6661/19; 6900/19; 3043/19; 6155/19; 6156/19; 6845/19

Judges

Hlophe, Baartman

The court held that transitional section 115 of the Legal Practice Act allowed admitted attorneys to be enrolled as advocates, and ordered their removal from the attorneys’ roll.

• Admission Of Legal Practitioners
• Legal Practice Act
• Conversion Of Enrolment
• Transitional Provisions
• Legal-practice-act
• Admission-of-legal-practitioners