LJU4802 Assignment 1 (QUALITY ANSWERS) Semester 1 2024

This document contains workings, explanations and solutions to the LJU4802 Assignment 1 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4......Question 1 1.1 Name the applicant in the Mamabolo-case. (1) 1.2 With reference to applicable legislation, describe the purpose of the applicant identified in 1.1. (3) Question 2 2.1 Cite the legislation that currently regulates the attorney’s profession. (1) 2.2 In the Mamabolo-case the court determined that certain of the respondent’s actions contravened the “Code of Conduct”. Explain what a professional code of legal ethics is and name any three general aims of such a code. (5) Question 3 3.1 Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) 3.2 Why did the court in the Mamabolo-case regard the respondent’s conduct in practising without a Fidelity Fund certificate as a serious transgression? (2) Question 4 4.1 Explain the following statement, with reference to applicable legislation: “Membership of the legal profession is subject to extensive character screening.” (4) 4.2 With reference to case law, describe the three-stage enquiry that courts apply to determine whether a person is fit and proper to continue to practise as an attorney. (5) 4.3 Which qualities should members of the legal profession exhibit, according to the court in the Mamabolo-case? (3) Question 5 What was the sanction that the court imposed in the Mamabolo-case? (1)Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 What was the issue for determination in this case? (1) Question 4 Explain why an attorney must have a fidelity fund certificate and practice with a trust banking account. (3) Question 5 Briefly indicate why it was alleged that Mr Naicker misappropriated trust funds. (2) Question 6 With refence to case law by the Supreme Court of Appeal, describe what is ethically demanded from the attorney’s profession. (5) Question 7 Discuss how the court applied a three-stage enquiry to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (5)