LJU4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

LJU4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ............ 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)