LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 16 AUGUST 2023

LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 16 AUGUST 2023 Read The South African Legal Practice Council v Magoshi Opana Mokoana (Mamaila) Case No 32103/20 and answer the questions here below. QUESTIONS: Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 2.1 Name the applicant in this case. (1) 2.2 Describe the purpose of the applicant. (3) Question 3 3.1 What relief did counsel for the applicant request from the court in this case? (3) 3.2 Explain on what grounds this relief was requested from the court. (2) Question 4 Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 With reference to case law, describe the three-stage enquiry that a court applies to determine whether a person is fit and proper to practise as an attorney. (3) Question 6 Consider the following extract from the case and answer the question that follows: "In the event that the respondent intends to continue to practise as a legal practitioner, the Respondent shall make an application to this Court ..." With reference to case law, explain how the court will decide whether to re-instate the Respondent as an attorney. (5) Question 7 7.1 What was the sanction that the court imposed in this case? (2) 7.2 Explain the court’s reasoning in reaching the above decision. (5) Total: 28 + 2 = [30]