Annexure “H” – PUPILS

Practical vocational training requirements that pupils must comply with before they can be admitted by the court as legal practitioners

7. (1)       A person intending to be admitted and enrolled as an advocate must —

(a)       serve under a practical vocational training contract with a person referred to in subregulation (6) for a continuous period of twelve months after that  person has satisfied all the requirements for a degree referred to in sections 26(1)(a) or (b) of the Act; and

(b)       during the service under a practical vocational training contract or within a period of no longer than twelve months after the termination of the practical vocational training contract, complete a programme of structured course work, comprising compulsory modules, of not less than 400 notional hours duration in the aggregate over a period of no longer than six months: Provided that if a pupil fails to complete the period of structured course work within a period of 24 months after the date of registration of a practical vocational training contract, he or she will be required to repeat the course work programme.

(2)       Any pupil may, instead of serving under a practical vocational training contract on a full-time basis for a period of twelve months, as provided for in subregulation (1(a), elect to complete the practical vocational training on a part-time basis over a period of 18 months, provided that he or she completes a period of structured course work of not less than 400 notional hours duration in the aggregate during that period.

(3)       The programme of structured course work may be completed during the period of service under a practical vocational training contract, or thereafter, but a pupil may not embark on the programme of structured course work before he or she has entered into a practical vocational training contract.

(4)       Attendance at any training course approved by any existing society of advocates or the General Council of the Bar for which the pupil had registered before the date referred to in section 120(4) of the Act and in respect of which the required attendance was completed within a period of twelve months after that date will be regarded for purposes of these regulations as compliance with the requirements of sub-regulation (1)(b).

(5)       Subject to the provision of the Act, any period of service before the pupil has satisfied the requirements of the degrees referred to in subregulation (1) is not regarded as good or sufficient service in terms of a practical vocational training contract.

(6)       A pupil may be engaged or retained under a practical vocational training contract by an advocate —

(a)       who is enrolled and practising as such;  or

(b)       in the full time employ of, or who is a member of —

(i)        Legal Aid South Africa, established in terms of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014); or

(ii)       a legal aid institution which has been approved by the Council for the purpose of engaging pupils and who is responsible for supervising the training of pupils so engaged; or

(iii)      any other institution approved by the Council for the purpose of engaging pupils and who is responsible for supervising the training of pupils so engaged.

(7)       An advocate engaging a pupil —

(a)       as contemplated in subregulation (6)(a) must have practised as an advocate for a period of not less than three years, or for periods of not less than three years in the aggregate during the preceding four years; and

(b)       as contemplated in subregulation (6)(b) must have practised as an advocate for a period of not less than three years, or for periods of not less than three years in the aggregate during the preceding four years prior to being engaged by Legal Aid South Africa or the institution concerned.

(8)       Service by a pupil to an advocate while that advocate is not practising or has not practised as provided for in subregulation (7)  is not deemed to be service under a practical vocational training contract for purposes of these regulations.

(9)       An advocate referred to in subregulation (6)(a) may, at no time, have more than one pupil and an advocate referred to in subregulation (6)(b) may, at no time, have more than six pupils in the aggregate engaged or retained in terms of a practical vocational training contract.

(10)     When an advocate dies or retires from practice or has been struck off the Roll any advocate who complies with the requirements of these regulations may take cession of the practical vocational training contract of the pupil, despite the fact that the cessionary may then have more than one or six, as the case may be, pupils, under contract.

(11)     The compulsory course work referred to in subregulation (1) must comprise the following modules:

(a)       legal accounting for pupils other than pupils intending to be admitted as advocates referred to in section 34(2)(b) of the Act;

(b)       special legal accounting for pupils intending to be admitted as advocates referred to in section 34(2)(b) of the Act;

(c)       advocacy skills, including trial and motion court proceedings and attendance of court proceedings;

(d)       alternative dispute resolution;

(e)       civil procedure;

(f)        criminal procedure;

(g)       professional conduct and legal ethics of advocates;

(h)       legal writing and drafting;

(i)        constitutional law and customary law; and

(j)        information and communication technology for practice, and associated aspects of cyber law.