S v King (Review) (CA&R 54/2025) [2025] ZAECMKHC 40; 2025 (2) SACR 217 (ECMk) (15 April 2025)
Court
Eastern Cape High Court, Makhanda
Case number
CA&R 54/2025
Judges
J M Roberson, N Molony
The High Court set aside criminal proceedings as a nullity because the accused was represented by an admitted but unenrolled advocate lacking a right of appearance.
Modupe (2023/121159), Ex parte [2024] ZAGPJHC 820 (27 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/121159
Judges
Sutherland, Modiba
The applicant did not meet the requirements for admission as an advocate under section 3 of the Admission of Advocates Act prior to 1 November 2018. Therefore, he cannot invoke section 115 of the Legal Practice Act to bypass the current statutory requirements. The Legal Practice Act now governs admission and enrolment, requiring practical vocational training and a competency-based examination, which the applicant has not completed. The Legal Practice Council was entitled to oppose the application without following uniform rule 6(4)(b), given its statutory mandate and the absence of prejudice…