Annexure “D” – Minimum qualifications and practical vocational training

Section 26 of LPA: Minimum qualifications and practical vocational training

(1) A person qualifies to be admitted and enrolled as a legal practitioner, if that person has-

(a)   satisfied all the requirements for the LLB degree obtained at any university registered in the Republic, after pursuing for that degree-

(i)   a course of study of not less than four years; or

(ii)   a course of study of not less than five years if the LLB degree is preceded by a bachelor’s degree other than the LLB degree, as determined in the rules of the university in question and approved by the Council; or

(b)   subject to section 24 (2) (b), satisfied all the requirements for a law degree obtained in a foreign country, which is equivalent to the LLB degree and recognised by the South African Qualifications Authority established by the National Qualifications Framework Act, 2008 (Act 67 of 2008); and

(c)   undergone all the practical vocational training requirements as a candidate legal practitioner prescribed by the Minister, including-

(i)   community service as contemplated in section 29, and

(ii)   a legal practice management course for candidate legal practitioners who intend to practise as attorneys or as advocates referred to in section 34 (2) (b); and

(d)   passed a competency-based examination or assessment for candidate legal practitioners as may be determined in the rules.

Section 30  Enrolment with Council

(1) (a) A person duly admitted by the High Court and authorised to be enrolled to practise as a legal practitioner must apply to the Council in the manner determined in the rules, for the enrolment of his or her name on the Roll.

(b) The application referred to in paragraph (a) must-

(i)   be accompanied by the fee determined in the rules;

(ii)   indicate whether the applicant intends to practise as an attorney or an advocate and, in the case of an advocate, whether he or she intends practising with or without a Fidelity Fund certificate; and

(iii)   be submitted to the Council in the manner determined in the rules through the Provincial Council where the legal practitioner intends to practise.

(2) The Council must enrol the applicant as an attorney, advocate, notary or conveyancer, as the case may be, if he or she complies with the provisions of this Act.

(3) The Council must keep a Roll of Legal Practitioners, as determined in the rules, which must reflect-

(a)   the particulars of practising and non-practising legal practitioners and, in the case of advocates, whether they practise with or without a Fidelity Fund certificate;