Annexure “M” – Pupil’s Contract

Registration of practical vocational training contract by advocate

Any person admitted as a legal practitioner and enrolled to practice as an advocate shall not be allowed to register a practical vocational training contract with a candidate attorney in terms of the provisions of these rules unless his or her enrolment as an advocate has been converted to that of an attorney in terms of section 32(1) of the Act.

Irregular service under practical vocational training contract

If any person has not served regularly as a candidate attorney in terms of the provisions of these rules the court, if satisfied that such irregular service was occasioned by sufficient cause, and that such service is substantially equivalent to regular service, and that the Council has had due notice of the application, may permit such person, on such conditions as it may deem fit, to apply for admission as an attorney as if he or she had served regularly under a practical vocational training contract or a contract of service.

Cancellation or suspension or abandonment of practical vocational training contract

If a person who has served any period under a practical vocational training contract which was cancelled or suspended or abandoned before its completion, has satisfied all the requirements for the degrees referred to in sections 26(1)(a) or (b) of the Act, the court may, on the application of such person and subject to such conditions as the court may impose, order –

that, for the purpose of this rule 22, the whole of the period so served, or such part of that period as the court deems fit be added to any period served by such person after he or she satisfied such requirements or became so entitled under a practical vocational training contract entered into after the first mentioned contract was cancelled or abandoned, and thereafter any period so added shall be deemed to have been served –

after that person satisfied such requirements or became so entitled; and

under the practical vocational training contract entered into after the first mentioned contract was cancelled or abandoned, and continuously with any period served thereunder.

if the period served by that person under the first mentioned practical vocational training contract is equal to or exceeds the period which that person would, at the time of making the application, be required to serve under a practical vocational training contract, that the period so served be considered as adequate service under a practical vocational training contract for purposes of this rule 22, and thereafter any period served by that person shall be deemed to have been served after and under a practical vocational training contract entered into after he or she satisfied those requirements and became so entitled.

Pupils Information to be submitted to the Council for purposes of registration of pupillage

Any person intending to register with the Council as a pupil must submit the following to the Council:

his or her identity document or other proof to the satisfaction of the Council of his or her date of birth;

proof to the satisfaction of the Council that he or she is a fit and proper person to serve as a pupil under a practical vocational training contract and has satisfied all the requirements for the degrees referred to in sections 26(1)(a) or (b) of the Act.

Lodging, examination and registration of practical vocational training contract

A practical vocational training contract shall be substantially in the form set out in Schedule 3 of these rules.

The original of any practical vocational training contract shall, within 2 months of its date, be lodged by the training supervisor concerned with the Council.

The Council shall, on payment of the prescribed fee, examine any practical vocational training contract lodged with it and, if it is satisfied that the practical vocational training contract is in order and the Council has no objection to its registration, register the practical vocational training contract, and shall advise the training supervisor and the pupil concerned in writing of such registration.

If a practical vocational training contract is not lodged for registration within 2 months from the date thereof, any service under such contract will be deemed to commence from the date of registration.

Supervision over pupil
The training supervisor shall, during the whole term of service specified in the practical vocational training contract, supervise the training of the pupil to ensure that the pupil is instructed in the practice and profession of an advocate.
Restriction on pecuniary interests of pupil

A pupil shall not have any pecuniary interest in the practice and service of an attorney, or in the practice of an advocate, and shall not, without the prior written consent of the Council, hold or occupy any office in respect of which he or she receives any form of remuneration, directly or indirectly, or engage in any business, where holding that office or engaging in that business is likely to interfere with the proper training of the pupil.

If a pupil contravenes the provisions of rule 22.2.4.1, the contract concerned shall be void ab initio and ineffective unless the court on good cause shown otherwise directs.

Cession of practical vocational training contract
The provisions of rule 22.1.6 relating to the cession of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the cession of practical vocational training contracts of pupils.
Termination of practical vocational training contract
The provisions of rule 22.1.7 relating to the termination of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the termination of practical vocational training contracts of pupils.
Irregular service under practical vocational training contract
The provisions of rule 22.1.9 in relating to irregular service under practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of irregular service under practical vocational training contracts of pupils.

Cancellation or suspension or abandonment of practical vocational training contract
The provisions of rule 22.1.10 relating to the cancellation or suspension or abandonment of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the cancellation or abandonment of practical vocational training contracts of pupils.