2022
PROFESSIONAL ETHICS
LJU4802
SEMESTER 2, 2022
PORTFOLIO
CHRISTINA SHAAKUMENI
, QUESTION 1: THE LEGAL PROFESSION
1.1
Who qualifies as a “legal practitioner”? Explain with reference to legislation,
(3)
(a) In South Africa, the ability to practice law is severely governed by law and the
court's inalienable common-law power to control its own procedures. For someone
to practice law, having a solid understanding of the law is not enough. Even
people who possess all necessary legal credentials will not be permitted to
practice law until they have established that they are in fact "fit and competent
persons."
Participation is subject to a thorough character check. According to Section
15(1)(a) of the Attorneys Act 53 of 1979, a court may only enrol an applicant "if the
court, in its discretion, considers such individual to be a fit and proper person to be
so accepted and enrolled." 1
A practicing attorney may be removed off the roll under Section 22(1)(d) of the Act
if the court determines that the individual is "not a fit and proper person to continue
to practice as an attorney."2
(b) The difference between a “candidate legal practitioner” and a “legal
practitioner”. (2)
Section 1 of the Act3 (definitions clause) defines “legal practitioners” and
“candidate legal practitioners” as follows:
• Legal practitioner means an admitted and enrolled advocate or attorney.
• Candidate legal practitioner means a person undergoing practical vocational
training, either as a candidate attorney or as a pupil.4
1
Tutorial Letter 501 for LJU4802, Professional Ethics (University of South Africa Pretoria
2022) 29.
2
Tutorial Letter 501 for LJU4802, 29.
3
The Legal Practice Act, 2014.
4
Tutorial Letter 501 for LJU4802, 9.
PROFESSIONAL ETHICS
LJU4802
SEMESTER 2, 2022
PORTFOLIO
CHRISTINA SHAAKUMENI
, QUESTION 1: THE LEGAL PROFESSION
1.1
Who qualifies as a “legal practitioner”? Explain with reference to legislation,
(3)
(a) In South Africa, the ability to practice law is severely governed by law and the
court's inalienable common-law power to control its own procedures. For someone
to practice law, having a solid understanding of the law is not enough. Even
people who possess all necessary legal credentials will not be permitted to
practice law until they have established that they are in fact "fit and competent
persons."
Participation is subject to a thorough character check. According to Section
15(1)(a) of the Attorneys Act 53 of 1979, a court may only enrol an applicant "if the
court, in its discretion, considers such individual to be a fit and proper person to be
so accepted and enrolled." 1
A practicing attorney may be removed off the roll under Section 22(1)(d) of the Act
if the court determines that the individual is "not a fit and proper person to continue
to practice as an attorney."2
(b) The difference between a “candidate legal practitioner” and a “legal
practitioner”. (2)
Section 1 of the Act3 (definitions clause) defines “legal practitioners” and
“candidate legal practitioners” as follows:
• Legal practitioner means an admitted and enrolled advocate or attorney.
• Candidate legal practitioner means a person undergoing practical vocational
training, either as a candidate attorney or as a pupil.4
1
Tutorial Letter 501 for LJU4802, Professional Ethics (University of South Africa Pretoria
2022) 29.
2
Tutorial Letter 501 for LJU4802, 29.
3
The Legal Practice Act, 2014.
4
Tutorial Letter 501 for LJU4802, 9.
