| 17. | Application for admission and enrolment as legal practitioners |
[sections 95(1)(k) and (t) read with sections 24(2)(d), 30(1)(a) and 30(b)(iii)]
| 17.1 | A person seeking to be admitted to practise and to be authorised to be enrolled as an attorney or as an advocate under the Act— |
| 17.1.1 | must apply to a High Court in terms of the provisions of section 24(2) of the Act; and |
| 17.1.2 | must simultaneously lodge an application in terms of sections 30(1)(a) and 30(b)(iii) of the Act with the Council, through the Provincial Council where the applicant intends to practise (or in the case of a person who does not intend to practise, where that person is ordinarily resident), for the enrolment of his or her name on the roll of attorneys or advocates, or on the roll of non-practising attorneys or advocates, as the case may be, which application shall be treated as an application subject to the condition that the applicant is duly admitted by the High Court and authorised to be enrolled as a legal practitioner in terms of section 30 of the Act. |
| 17.2 | An application for admission and enrolment in terms of rule 17.1 must be in writing and must be accompanied by an affidavit by the applicant setting out the following information supported, where applicable, by documentary evidence: |
| 17.2.1 | confirmation of the jurisdiction of the Court; |
| 17.2.2 | his or her full names, date of birth, identity number and residential address; |
| 17.2.3 | confirmation that the applicant is a South African citizen or is a permanent resident of the Republic; |
| 17.2.4 | confirmation that the applicant has satisfied all the requirements for a degree referred to in section 26(1) of the Act after pursuing for that degree a course of study referred to in that section; |
| 17.2.5 | a statement whether the applicant intends to be enrolled and to practise as an attorney or as an advocate and, in the case of an advocate, whether the applicant intends practising with or without a fidelity fund certificate, or whether the applicant does not intend to practise; |
| 17.2.6 | the physical address of his or her main office and of every branch office and of every building at and from which he or she practises, and its postal address, and telephone numbers, mobile telephone numbers, fax numbers, email addresses and other electronic communication contact particulars, if any; |
| 17.2.7 | in the case of an attorney, whether he or she conducts practice— |
| 17.2.7.1 | for his or her own account and if so, whether alone or in partnership (stating the full names of his or her partners) or as a member of a commercial juristic entity (stating the full names of his or her co-members); or |
| 17.2.8 | the name under which the firm of which he or she is the proprietor or a member, or by which he or she is employed, conducts practice. |
| 17.2.9 | confirmation that the applicant had no pecuniary interest in any law practice and that he or she held no other position than that of candidate legal practitioner during the period of service under the contract of practical vocational training or supervision, or proof that the applicant had such pecuniary interest or held such other position with the prior written approval of the Council; |
| 17.2.10 | confirmation that the applicant has undergone all the prescribed practical vocational training requirements as a candidate legal practitioner, referred to in section 26(1)(c) of the Act; |
| 17.2.11 | confirmation that the applicant has passed the competency-based examination or assessment for candidate legal practitioners, referred to in section 26(1)(d) of the Act; |
| 17.2.12 | confirmation that the applicant has complied with the requirements for community service, if applicable, where that community service is a component of practical vocational training by candidate legal practitioners, pursuant to the provisions of section 29 of the Act, or proof that the applicant has been exempted from performing community service; |
| 17.2.13 | if a period of more than one year has elapsed between the date of completion of the practical vocational training contract and the date of the application, a statement as to the activities of the applicant during that period; |
| 17.2.14 | confirmation that the applicant is a fit and proper person to be admitted, including a statement as to whether— |
| 17.2.14.1 | the applicant has any previous criminal convictions or has any criminal investigations pending. The applicant is required to provide Council with proof by attaching a certificate from an accredited verification service provider; and/or a South African Police Services (SAPS) clearance certificate. If there have been any proceedings as contemplated in this sub-rule, or if any such proceedings are pending the applicant shall set out full details thereof; |
[Part V Rule 17.2.14.1 substituted by the South African Legal Practice Council, General Notice 2009, GG49220, dated 1 September 2023]
| 17.2.14.2 | the applicant has been subjected to previous disciplinary proceedings by the Council or any law society, university or employer, or whether any such disciplinary proceedings are pending. If there have been any proceedings as contemplated in this sub-rule, or if any such proceedings are pending, the applicant shall set out full details thereof; |
| 17.2.14.3 | the estate of the applicant has been sequestrated, provisionally or finally, or whether there is any application for the sequestration of his or her estate which is pending; where the estate of the applicant has been sequestrated, the applicant must state whether or not he or she has been rehabilitated. |
| 17.2.15 | confirmation that the originals of all attachments to the affidavit will be made available to the Court on the date of the hearing of the application. |
| 17.3 | A person seeking to be admitted to practise and to be authorised to be enrolled as an attorney must include in the affidavit in support of the application (in addition to any other information to be provided in terms of this rule)— |
| 17.3.1 | confirmation that the applicant has served under a practical vocational training contract, stating the dates of filing and registration of that contract and the period served by the applicant under that contract; |
| 17.3.2 | confirmation by the applicant that his or her principal was entitled to enter into the contract of practical vocational training; |
| 17.3.3 | confirmation by the applicant that service under the contract of practical vocational training was performed under the direct supervision of the principal or of another attorney in the firm of the principal; |
| 17.3.4 | confirmation that the applicant was not absent for more than 30 working days during any one year of service under the contract of practical vocational training; |
| 17.3.5 | confirmation by the applicant of the exact dates served under the practical vocational training contract; |
| 17.3.6 | a statement as to the type of legal experience gained by the applicant whilst serving under the contract of practical vocational training. |
| 17.4 | An applicant for admission to practise and to be authorised to be enrolled as an attorney shall attach to his or her application a supporting affidavit by the applicant's principal containing the following information: |
| 17.4.1 | confirmation of the exact dates that the applicant served under his or her supervision or that of another attorney in terms of the contract of practical vocational training; |
| 17.4.2 | in relation to the principal: |
| 17.4.2.1 | a statement that he or she— |
| 17.4.2.1.1 | has been practising as an attorney for his or her own account or as a partner in a firm of attorneys or as a member of a professional company continuously for three years or for periods of three years in the aggregate during the preceding four years; or |
| 17.4.2.1.2 | has practised as a professional assistant in a firm for a period of five years within the preceding six years; or |
| 17.4.2.1.3 | has practised as a professional assistant in a firm for a period of two years in the preceding five years and has practised as an attorney for his or her own account or as a partner in a firm or as a member of a professional company continuously for two years or for periods of two years in the aggregate during the preceding four years |
at the date of commencement of the contract of practical vocational training;
| 17.4.2.2 | where the applicant has undergone practical vocational training with a law clinic or with Legal Aid South Africa, or with another entity accredited by the Council to provide practical vocational training, that his or her principal is or at all relevant times was in the full time employment of the law clinic or of Legal Aid South Africa or with such other entity, and has practised as an attorney or advocate, as the case may be continuously for three years, or for periods of three years in the aggregate during the preceding four years, prior to the date of commencement of the practical vocational training contract; |
| 17.4.2.3 | where the applicant has undergone practical vocational training with the State Attorney, that his or her principal has practised the profession of an attorney as the State Attorney, Deputy State Attorney, Senior Assistant State Attorney or Assistant State Attorney in the office of the State Attorney or any branch thereof continuously for four years at the date of commencement of the practical vocational training contract; |
| 17.4.3 | that he or she has continued to practise as aforesaid during the period of the contract of practical vocational training; |
| 17.4.4 | that he or she was at no time during the course of the contract of the practical vocational training in question a principal to more than three candidate attorneys, or where the principal was employed at a law clinic or at Legal Aid South Africa that he or she was at no time during the course of the contract of the practical vocational training in question a principal to more than six candidate attorneys; |
| 17.4.5 | confirmation that in his or her view the applicant is a fit and proper person to be admitted and enrolled as an attorney. |
| 17.5 | An applicant for admission to practise and to be authorised to be enrolled as an advocate shall attach to his or her application (in addition to any further information to be included in terms of this rule) a supporting affidavit by the applicant's training supervisor containing the following information: |
| 17.5.1 | confirmation that he or she is a practising advocate, or has been accredited by the Council to act as a training supervisor of pupils for purposes of practical vocational training or is employed by an entity which has been accredited to provide supervisors who are qualified to act as training supervisors to pupils; |
| 17.5.2 | confirmation of the exact dates that the applicant served under the supervision of his or her training supervisor; |
| 17.5.3 | confirmation that in his or her view the applicant is a fit and proper person to be admitted and enrolled as an advocate. |
| 17.6 | Copies of the following documents must be attached to the founding affidavit of the applicant, whether for admission as an attorney or as an advocate, and must be certified as being true copies of the originals by a notary public or by a commissioner of oaths: |
| 17.6.1 | identity document of the applicant; |
| 17.6.2 | where the surname of the applicant does not correspond with the applicant's name in the application, or with any other documents attached to the application, a marriage certificate or other proof to reflect the reason for the discrepancy; |
| 17.6.3 | degree certificate or certificates of the applicant; |
| 17.6.4 | the relevant practical vocational training contract (in the case of an application for admission as an attorney) or written confirmation that the applicant has registered with a person or entity accredited by the Council to supervise the practical vocational training of pupils (in the case of application for admission as an advocate); |
| 17.6.5 | written confirmation from the Council confirming that the contract of practical vocational training or of supervision, as the case may be, has been registered with the Council; |
| 17.6.6 | where applicable, an agreement relating to the cession of the contract of practical vocational training and written confirmation from the Council that the cession of the contract has been registered; |
| 17.6.7 | in the case of an application for admission as an advocate intending to practise with a Fidelity Fund certificate, proof that the applicant has satisfied the requirements of the Council in terms of section 85(1)(b) of the Act in relation to a legal practice management course, and has passed the examination required to be passed by attorneys so as to reflect that the applicant has the required knowledge of accounting for the keeping of accounting records referred to in section 87 of the Act and for compliance with the accounting rules published by the Council from time to time; |
| 17.6.8 | attendance report issued in respect of attendance of the applicant at a practical legal training course approved by the Council. |
| 17.7 | The original and two copies of the application must lie for inspection with the Council for a period of not less than one month. The application must be properly prepared and bound with an index, all pages of the application must be paginated at the top right hand corner of every page, and all attachments must be clearly marked when the application is served on the Council. |
| 17.8 | The Council may require that the information referred to in this rule 17 be submitted in a form to be determined by the Council. |
| 17.9 | An application in terms of this rule 17 must be accompanied by proof of payment of the fee payable in terms of rule 2. |
| 17.10 | Subject to compliance with rules 27.1 to 27.9, and upon receipt by the Council of a copy of an order by the High Court admitting the applicant to practise and authorising him or her to be enrolled as a legal practitioner, the Council shall place the name of the applicant on the roll of attorneys or of advocates, or on the roll of non-practising attorneys or advocates, as the case may be, to be kept in terms of rule 28. |
| 17.11 | The Council must cause to be enrolled as an attorney or as an advocate, as the case may be, every person who is to be regarded in terms of section 114(1) of the Act as having been admitted to practice as an attorney or as an advocate, subject to any condition imposed by the High Court in relation to the admission of that person and subject to the terms of any order of court whereby any such person has been suspended from practice as an attorney or as an advocate, as the case may be. |
| 18. | Application for admission and enrolment as conveyancer or notary |
[sections 95(1)(k) and (t)]
| 18.1 | A person seeking to be admitted to practise and to be authorised to be enrolled as a conveyancer or as a notary under the Act— |
| 18.1.1 | must apply to a High Court in terms of the provisions of section 24(2) of the Act; and |
| 18.1.2 | must simultaneously lodge an application with the Council through the Provincial Council where the applicant intends to practise for the enrolment of his or her name on the roll of conveyances or of notaries, as the case may be. |
| 18.2 | An application for admission as a conveyancer or as a notary must be accompanied by an affidavit by the applicant setting out the following information, supported, where applicable, by documentary evidence: |
| 18.2.1 | confirmation of the jurisdiction of the Court; |
| 18.2.2 | confirmation that the applicant has been admitted as an attorney; |
| 18.2.3 | confirmation that the applicant complies with the provisions of section 26(2) of the Act (in the case of application as a conveyancer) or section 26(3) of the Act (in the case of application as a notary) of the Act. |
| 18.3 | The original and two copies of the application must lie for inspection with the Council for a period of not less than one month. The application must be properly prepared and bound with an index, all pages of the application must be paginated at the top right-hand corner of every page, and all attachments must be clearly marked when the application is served on the Council. |
| 18.4 | The Council may require that the information referred to in this rule 18 be submitted in a form to be determined by the Council. |
| 18.5 | An application in terms of this rule 18 must be accompanied by proof of payment of the fee payable in terms of rule 2. |
| 18.6 | Subject to compliance with rules 18.1 to 18.5, and upon receipt by the Council of a copy of an order by the High Court admitting the applicant to practise as a conveyancer or as an attorney, as the case may be, and authorising him or her to be enrolled as a conveyancer or as a notary, as the case may be, the Council shall place the name of the applicant on the roll of conveyancers or of notaries, as the case may be, to be kept in terms of rule 28. |
| 18.7 | The Council must cause to be enrolled as a conveyancer or as a notary, as the case may be, every person who is to be regarded in terms of section 114(1) of the Act as having been admitted to practice as a conveyancer or as a notary, subject to any condition imposed by the High Court in relation to the admission of that person and subject to the terms of any order of court whereby any such person has been suspended from practice as a conveyancer or as a notary, as the case may be. |
| 19. | Period of practice as an attorney and advocacy training programme |
[section 95(1)(m) read with section 25(4)(a)].
| 19.1 | The continuous period of three years of practice as an attorney, provided for in section 25(3)(a)(i) of the Act, that an attorney applying for the right to appear in the High Court, the Supreme Court of Appeal or the Constitutional Court is required to serve before having the right to appear may be reduced by such period as the Council in its discretion may determine if the applicant has successfully undergone a trial advocacy training programme approved by the Council. |
| 19.2 | The trial advocacy training programme referred to in rule 19.1— |
| 19.2.1 | shall comprise training under the direct supervision of an advocate who has been practising as such for a continuous period of not less than five years, or of an attorney who has the right of appearance in the High Court, the Supreme Court of Appeal and the Constitutional Court and has exercised the right of appearance in those courts regularly for a continuous period of not less than five years or for an aggregate period of five years during the preceding seven years; |
| 19.2.2 | shall require involvement in the programme by the attorney of not less than 40 hours in the aggregate over a period of no longer than six months; |
| 19.2.3 | may require attendance by the attorney at lectures and workshops, and the completion of written assignments, of sufficient standard to provide training to the attorney in the practical aspects of court work and trial advocacy; |
| 19.2.4 | shall require the supervisor, at the completion of the programme, to issue a certificate to the attorney that he or she has successfully completed the trial advocacy training programme. |
| 20. | Information to be provided by attorney for appearance in High Court |
[section 95(1)(m) read with section 25(4)(a)]
| 20.1 | An attorney who wishes to apply in terms of section 25(3) for the right of appearance in the High Court, the Supreme Court of Appeal and the Constitutional Court must apply to the registrar of the Division of the High Court in which he or she was admitted and enrolled as an attorney for the issue to him or her of the prescribed certificate. |
| 20.2 | The application must be in writing, must be dated and signed by the attorney and must be accompanied by: |
| 20.2.1 | documentary proof that he or she has satisfied all the requirements for a degree referred to in section 26(1) of the Act, or any other degree which, before the date referred to in section 120(4) of the Act, would have entitled the applicant to the right of appearance in the High Court, the Supreme Court of Appeal and the Constitutional Court; |
| 20.2.2 | a certificate issued by the executive officer of the Council to the effect that the applicant has been practising as an attorney for a continuous period of not less than three years or for an aggregate of three years during the previous four years, or has been practising as an advocate; |
| 20.2.3 | a certificate issued by the executive officer of the Council that the applicant has not had his or her name struck off the Roll and has not been suspended from practice, and that there are no proceedings pending to strike the applicant's name from the Roll or to suspend him or her from practice; |
| 20.2.4 | a copy of the applicant's identity document, certified as true and correct by a notary public or by a commissioner of oaths. |
| 20.3 | If the applicant wishes to apply for the period of practice to be reduced as contemplated in section 25(3)(a)(i), he or she must provide the registrar with a certificate by the executive officer of the Council that he or she has undergone a trial advocacy training programme approved by the Council and that the Council has resolved that the three year period referred to in that section be reduced to such period as may be specified by the Council. |
| 20.4 | Where the applicant claims that he or she has gained appropriate relevant experience, as contemplated in section 25(3)(b) of the Act, full details of that experience must be provided in the application. |
| 20.5 | The applicant must serve a copy of the application on the Council not less than thirty days before he or she applies to the registrar in terms of section 25(3) of the Act. |
| 20.6 | Every attorney who, at the date of coming into effect of this rule, was in possession of a certificate issued in terms of section 4(2) of the Right of Appearance in Courts Act, 62 of 1995 shall, within six months of the date of coming into effect of this rule, lodge with the Council a copy of the certificate issued to him or her in terms of that Act. |
