The Legal Practice Council (LPC) has agreed to comply with a court order that would clear the way for hundreds of law graduates who were unable to register a contract for their internship due to the entry into force of the Legal Practice Act (LPA) in 2018. . The Supreme Court in Pretoria heard arguments on Tuesday about a case brought by two such graduates – Gabaikangwe Thendele and Zwelibanzi Thendele – against the LPC, the justice minister and the minister of higher education and training. This after they tried their practical MBO training in 2019…
The Legal Practice Council (LPC) has agreed to comply with a court order that would clear the way for hundreds of law graduates who were unable to register a contract for their internship due to the entry into force of the Legal Practice Act (LPA) in 2018. . †
The Supreme Court in Pretoria heard arguments on Tuesday about a case brought by two such graduates – Gabaikangwe Thendele and Zwelibanzi Thendele – against the LPC, the minister of justice and the minister of higher education and training.
This after they tried to register their practice professional contract (formerly internship contracts) with the LPC in 2019 – a condition for admission as a practicing lawyer – but were rejected for failing to meet the requirements as BPrc degree holders.
The BProc degree used to be offered mainly by historically black universities as an alternative to the LLB degree, which at the time was only offered by their historically white counterparts.
It was eventually phased out after 1994, but holders of BPrc degrees could still apply for admission as practicing lawyers under the Lawyers Act and the Amendment Act for Qualifications of Legal Professionals.
In 2018, however, the Lawyers Act was repealed by the entry into force of the LPA. And under this new legislation, the requirements were changed so that only holders of LLB degrees – or of the international equivalent of an LLB – could register their contracts.
The new legislation did contain transitional provisions, including that “any person to whom the [BProc] has been granted by a university of the republic, is considered to be qualified to be admitted by the court and to be registered by the council as a lawyer as if he or she [LLB]if all other requirements in the Advocatenwet have been met: Provided that this person has registered for the first-mentioned degree no later than 1 January 1999”.
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However, the initial position the LPC took was that it still couldn’t register the contracts – prompting the Thendeles to go to court with a constitutional objection.
They argued that the LPA violated the right to equality by disproportionately affecting black graduates, the right to education and the right to freedom of trade, occupation and occupation. After the filing of the current lawsuit, the LPC agreed to register their articles, but the two decided to proceed with the case to clear the path for other BPRC diploma holders.
The court heard yesterday that the Minister of Justice had already committed to amend the relevant legislation and issue a draft injunction, including giving him 24 months, and ordering that the legislation be read in such a way that holders of a BPrc degree in the interim – and with which the LPC agreed to abide – was handed over.
Judgment was reserved.
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