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South Africa Case Law

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Criminal Law [2025] ZAECMKHC 40

S v King (Review) (CA&R 54/2025)

S v King (Review) (CA&R 54/2025) [2025] ZAECMKHC 40; 2025 (2) SACR 217 (ECMk) (15 April 2025)

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.

  • Right Of Appearance
  • Legal Practitioner Enrolment
  • Nullity Of Proceedings
  • Right-of-appearance
  • Legal-practitioner-enrolment
  • Criminal-procedure-nullity
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Civil Procedure [2024] ZAGPJHC 820

Modupe (2023/121159), Ex parte

Modupe (2023/121159), Ex parte [2024] ZAGPJHC 820 (27 August 2024)

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…

  • Admission Of Advocates
  • Legal Practitioner Enrolment
  • Legal Practice Act Requirements
  • Practical Vocational Training
  • Statutory Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.