South Africa Case Law

Modupe (2023/121159), Ex parte

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…

Source excerpt

• Admission Of Advocates
• Legal Practitioner Enrolment
• Legal Practice Act Requirements
• Practical Vocational Training
• Statutory Interpretation

Thendele and Another Legal Practice Council and Others (10641/2020)

Thendele and Another Legal Practice Council and Others (10641/2020) [2022] ZAGPPHC 170 (28 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

10641/2020

Judge

E van der Schyff

The High Court held that BProc graduates were not barred from registering practical vocational training contracts and read Regulation 6 to include them.

• Legal Practitioners Admission
• Transitional Arrangements
• Constitutional Invalidity
• Practical Vocational Training
• Regulation Interpretation
• Legal-practitioners-admission

Montshiwa; In re: John v Montshiwa (56/2019), Ex parte

Montshiwa; In re: John v Montshiwa (56/2019), Ex parte [2020] ZANWHC 54 (3 September 2020)

Court

North West High Court, Mafikeng

Case number

56/2019

Judges

Olivier, Mbhele

The High Court dismissed an attorney-admission application after finding material inconsistencies, incomplete disclosure, and concerns about fitness to practise.

• Admission Of Attorneys
• Legal Practice Act
• Fit And Proper Requirement
• Practical Vocational Training
• Locus Standi
• Joinder And Condonation