Application for admission as legal

practitioner

Template pack
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Admission application template pack

Content
1. Notice of motion
1.1. Template……………………………………………………………………………3
2. Founding affidavit
2.1. Checklist…………………………………………………………………………….7
2.2. Declarations about fitness and properness……………………………….……..9
2.3. Template……………………………………………………………………………10
3. Supporting affidavit
3.1. Checklist……………………………………………………………………………33
3.2. Template………………………………………………………………………...…34
4. Annexures……………………..………………………………………………………41
5. Revised terminology………………….……………………………………………...41
6.

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1.1 Notice of motion - template

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NUMBER: _____________

In the Ex Parte application of:

APPLICANT

[IDENTITY NUMBER: ]

for her admission as a legal practitioner and authorisation to the Legal Practice

Council to enrol the applicant as an Attorney in terms of Section 24 read with Section

30 of the Legal Practice Act, 28 of 2014.

NOTICE OF MOTION

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BE PLEASED TO TAKE NOTICE THAT application will be made to the above

Honourable Court on this the _____ day of ______________ 20__ at 10h00 or as

soon thereafter as Counsel for the Applicant may be heard for an order in the

following terms:

1. Admitting the Applicant to practice as a Legal Practitioner of the High Court of

South Africa in terms of Section 24(2) of the Legal Practice Act, 28 of 2014;

2. That the Applicant be authorised to be enrolled as a Legal Practitioner by the

Legal Practice Council in terms of the Legal Practice Act 28 of 2014 as

amended; and

3. Granting the Applicant such further and/or alternative relief as this Honourable

Court may deem fit.

TAKE FURTHER NOTICE that the affidavits of _______________ (hereinafter the

“Applicant”) and ____________________, (hereinafter the “Principal”), annexed

hereto will be used in support of this application.

KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING ACCORDINGLY.

DATED at __________ on this the ______ day of _________ 20__.

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________________________________

Attorney/Advocate

____________________________________

Attorneys for the Applicant

APPLICANT’S CELL NUMBER:

TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT

PRETORIA

AND TO: THE SECRETARY OF THE LEGAL PRACTICE COUNCIL

PROCFORUM BUILDING
OFFICE C10
123 PAUL KRUGER STREET
PRETORIA
TEL: 012 338 5800
FAX: 012 323 0625

Received a copy of this application together with copies of all supporting affidavits
and all annexures thereto and payment of the fee prescribed under Section 30(1)(b)
(i) of the Legal Practice Act, No 28 of 2014 (as amended) and Rule 2 made under
the authority of Section 95(1), 95(3) and 109(2) of the Legal Practice Act, No 28 of
2014 (as amended), on this the _____ day of ____________ 20__

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Accordingly, I certify that the provisions of Section 24(2) of the Legal Practice Act,
No 28 of 2014 (as amended) have been complied with and that due notice has been
received of the application in accordance with Section 24(2)(d) and Rule 17.7 made
under the authority of Section 95(1), 95(3) and 109(2) of the Legal Practice Act, No
28 of 2014 (as amended).

______________________________________________________

FOR: THE SECRETARY OF THE LEGAL PRACTICE COUNCIL

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2. Founding affidavit
2.1 Checklist
The founding affidavit should contain confirmation of the following:
 Confirmation of the jurisdiction of the Court, Rule 17.2.1 of the LPA.
 The applicant’s full names, date of birth, identity number and residential
address, Rule 17.2.2 of the LPA.
 Confirmation that the applicant has South African citizenship or is a
permanent resident of the Republic, Rule 17.2.3 read with Section 24(2)(b)
(i) of the LPA.
 Confirmation that the applicant has satisfied all the requirements for a degree
referred to in section 26(1) of the LPA after pursuing for that degree a
course of study not less than four years, Rule 17.2.4 read with Section 26(1)
(a) of the LPA.
 If the LLB degree was preceded by a primary degree i.e. BA, Social Science
etc. then the applicant must confirm having completed a course of study not
less than five years in terms of Section 26(1)(a)(ii) of the LPA.
 A statement whether the applicant intends to be enrolled as an attorney, Rule
17.2.5 of LPA.
 Confirmation of the physical address and contact numbers where the attorney
will be employed, Rule 17.2.6 of LPA.
 Confirmation that the applicant served under a PVT contract stating dates of
filing and registration and the period served, Rule 17.3.1 of LPA.
 Confirmation of the principal’s entitlement to enter into a contract with the
applicant (Regulation 6(5) of the LPA), whether he/she had practiced for
their account (Regulation 6(5)(a)), practicing as a director (Regulation 6(5)
(c)), or practicing as a partner (Regulation 6(5)(b)) for a period of three years
prior to engaging the applicant as a candidate legal practitioner. Alternatively,
the principal must have practiced as an attorney for a period of five years
within the preceding six years (Regulation 6(5)(e)). Note: The principal’s
physical address must be included, Rule 17.3.2 of LPA.
 Confirmation that the principal did not have more than three candidate legal
practitioners contracted simultaneously under a practical vocational training
contract. Candidate legal practitioners who served under a law clinic (viz
Legal Aid, Office of the State Attorney, Lawyers For Human Rights or any
certified law clinic) must confirm that the principal did not have more than six
candidate legal practitioners contracted simultaneously under a practical
vocational training contract. If the contract was registered in terms of the
Attorneys Act, then confirmation that the principal did not have more than ten
candidate legal practitioners.
 The applicant must confirm having served under the direct supervision of the
principal or a partner of the principal or another admitted attorney in the office
of the principal, Rule 17.3.3.
 Confirmation that the applicant was not absent for 30 days in any one year of
the contract, Rule 17.3.4.
 Confirmation of the exact dates served under the practical vocational training
contract, Rule 17.3.5.
 A statement as to the type of legal experience gained by the applicant whilst
serving under the contract of practical vocational training, Rule 17.3.6.

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 Confirmation that the applicant had no pecuniary interest in the practice of an

attorney and that he or she held no other position other than that of a
candidate legal practitioner, Rule 17.2.9.
 Confirmation that the applicant has undergone all the prescribed practical
vocational training contract requirements as a candidate legal practitioner
referred to in Section 26(1)(c ) of the Act, Rule 17.2.10.
 Confirmation that the applicant has passed a competency-based examination
(previously known as board exams) for candidate legal practitioners, referred
to in Section 26(1)(d) of the Act, Rule 17.2.11.
 Note: The requirement for community service in terms of Rule 17.2.12 has
not yet been determined by the Minister and is currently not applicable.
 If the applicant failed to lodge their application within a period of one year from
the date of completion of their PVT contract, they are required to give a
statement regarding his or her activities from the date of completion of the
PVT contract to the date of the application, Rule 17.2.13.
 Confirmation that the applicant has completed a program of structured course
work of at least 400 notional hours over a period of not more than six months
(previously known as 6 months full time PLT course). If the course work was
completed prior to registration, then same complies with Regulation 6(1)(b)
of the LPA (one year PVT contract).
 If a candidate legal practitioner entered into a two year-contract but completed
the course work (6 months PLT course or LSSA UNISA long distance course)
during the first year of the two-year term, then the same complies with
Regulation 6(2) of the LPA. If the Night School was attended on a full-time
basis, it should be confirmed that the school was attended after-hours and
that it did not interfere with the daily duties of the applicant as a candidate
legal practitioner.
 Note: The Act does not provide for the 400 notional hour course work (6
months PLT course) to be completed after a one-year period of service.
 Alternatively, confirmation that the applicant has completed a program of
structured course work of at least 150 notional hours (previously known as the
part time 23-day PLT course).
 Note: If 150 notional hour course work was completed during the PVT
contract then same complies with Regulation 6(1)(a) of LPA. However, if
course work was completed within 12 months after completion of PVT
contract, then same complies with Regulation 6(1)(b) of LPA.

 PS A person who initially entered into a two-year practical vocational training

contract (articles of clerkship), but has completed a program of structured
course work of 400 notional hours (6 months PLT course or LSSA UNISA
long distance course) is not required to apply for condonation in their
application papers. Instead, such a person must in their founding affidavit
affirm their entitlement to being admitted as a legal practitioner by virtue of the
provisions of Regulation 6(2) of the Legal Practice Act which states that:

"A person referred to in sub regulation (1)(a) who has entered into a
practical vocational training contract for a period of 24 months may, after
having served a period of 12 months under that contract, apply for
admission and enrolment as an attorney if he or she has, during the course

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of that period of 12 months but outside of his or her normal working hours
in terms of that contract, completed a programme of structured course
work, of not less than 400 notional hours duration in the aggregate."

2.2. Declarations about fitness and properness

As part of your founding affidavit, you must declare that you are a fit and proper
person for admission as an attorney or legal practitioner. This declaration includes:

 Confirmation that the applicant has not previously been admitted as an

advocate or attorney of any Court and have not made application for such
admission.
 Confirmation of no previous criminal convictions and no criminal investigations
pending.
 Confirmation of no previous civil judgments and no civil proceedings pending.
 Confirmation of no previous disciplinary actions by the law society, University
or previous employer (if applicable) and no disciplinary actions pending.
 The facts should be fully disclosed to the Court if there is any of the above
allegations against the applicant (previously or pending).
 Confirmation that the applicant’s estate has not been sequestrated and that
there is no application for sequestration pending.
 Confirmation that the prescribed notice (one month) in terms of Rule 17.7 was
given to the Legal Practice Council and that the prescribed fee in terms of
Rule 17.9 has been paid.

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2.3 Founding affidavit - template

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NUMBER: _____________

In the Ex Parte application of:

APPLICANT

[IDENTITY NUMBER: ]

for my admission as a legal practitioner and authorisation to the Legal Practice

Council to enrol the applicant as an Attorney in terms of Section 24 read with Section

30 of the Legal Practice Act, 28 of 2014.

FOUNDING AFFIDAVIT

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I, the undersigned

Name and surname

(Identity number:)

do hereby declare under oath that:

1.

1.1 I am the applicant herein and an adult fe/male currently residing at

______________________________ and under the employ of

________________ currently continuing to perform the duties of a

candidate attorney.

1.2 Further particulars of _____________________ are as follows:

1.2.1 Physical Address: __________________________

1.2.2 Postal Address: ___________________________;

1.2.3 Telephone Number: ________________________

1.2.4 Fax Number: __________________

1.2.5 E-mail Address: __________________________________

1.2 The facts contained herein fall within my personal knowledge, unless

specifically indicated otherwise, and are to the best of my knowledge and

belief both true and correct.

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2.

GENERAL

2.1 In this affidavit, except where the contrary appears from its contents, any

reference to –

2.1.1 “the Act” or a section therein will mean the Legal Practice Act, 28 of 2014

(as amended);

2.1.2 “the Rules” will mean the Rules of the South African Legal Practice

Council;

2.1.3 the “Attorneys Act” or a section therein, will mean the Attorneys Act, 53

of 1979 (as amended).

2.2 Save where otherwise stated, the originals of all documents referred to in

this affidavit shall be made available to this Honourable Court on the date

of the hearing of this application.

2.3 Where I refer to documents annexed hereto, I humbly request that the

contents of the documents be read as if specifically incorporated herein.

2.4 I respectfully submit that, despite the repeal of the Attorneys Act 53 of

1979 “the Attorneys Act”, and its replacement by the Legal Practice Act 28

of 2014 (“the Legal Practice Act”), some references to the Attorneys Act

are necessary in this application due to the time at which my Contract of

Articles of Service was entered into.

2.5 I further respectfully submit that any reference to the Attorneys Act in this

application, where same may be deemed unnecessary or erroneous by

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the Honourable Court, or where reference should instead have been

made to the corresponding provision of the Legal Practice Act, should not

detract from the validity or granting of this application.

3.

PURPOSE OF THE APPLICATION:

The purpose of this application is:

3.1 To obtain an order from the above Honourable Court to the effect that I be

admitted to practice as a Legal Practitioner and that the Legal Practice

Council be authorised to enrol me as an Attorney;

3.2 I confirm that I intend to practise as a legal practitioner and/or attorney

post admission and enrolment as contemplated in paragraph 3.1 above.

4.

PURPOSE OF THIS AFFIDAVIT:

4.1 The purpose of this affidavit is to be admitted to practice as a legal

practitioner and that the Legal Practice Council be authorised to enrolled

me as an attorney of the High Court of South Africa. I will present in this

affidavit that I complied with all the requirements as set out in terms of

The Attorneys Act, The Legal Practice Act, The Regulations and The

Rules.

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5.

JURISDICTION:

5.1 In compliance with Rule 17.2.1 of The South African Legal Practice

Council Rules, I submit that this above Honourable Court possesses the

necessary jurisdiction to adjudicate upon this application as I reside and

work within the area of jurisdiction of this above Honourable Court.

5.2 In addition, I respectfully submit that this application falls within the

jurisdiction of the above Honourable Court in terms of section 21(1) of the

Superior Courts Act 10 of 2013.

6.

APPLICANT’S BIRTH, CITIZENSHIP AND MARRIAGE:

6.1 I confirm that I am name and surname with ID a __-year-old South

African fe/male with identity number _______________. The Honourable

Court is referred to a certified copy of my identity document attached

hereto and marked as annexure “SF1”.

6.2 I am a permanent resident of the Republic of South Africa and I have

never relinquished my South African citizenship, nor have I ever taken the

citizenship of another country.

6.3 Accordingly, I respectfully submit that I have complied with the

requirements of Sections 15(1)(b)(i) and 15(1)(b)(ii)(aa) of The Attorneys

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Act and with Sections 24(2)(b)(i) and 24(2)(b)(ii) of The Legal Practice

Act, as well as Rules 17.2.2 and 17.2.3 of The Rules.

7.

SECONDARY EDUCATION:

7.1 During the year of _______, I successfully completed the examination

requirements for a senior certificate, with full university exemption from

_______________. A certified copy of my national senior certificate is

annexed hereto and marked as annexure “SF2”.

8.

TERTIARY EDUCTION:

8.1 On the _____________, and at the __________ University, I further

enrolled to complete the Baccalaureus Legum degree. On the

_____________________, I satisfied the prescribed requirements of the

Baccalaureus Legum degree. The degree was formally conferred on me

on the _________________. I attach hereto my academic record as “SF3”

and a certified copy of the Baccalaureus Legum degree as “SF4”.

8.2 Therefore, in the premises of the above, I have complied with Sections

24(2)(b)(i) and 26(1)(a)(ii) of The Legal Practice Act and Rules 17.2.1 to

17.2.6 of The Rules. In as far as it is necessary this is also in compliance

with Section 15(1)(b)(iii)(aa) of The Attorneys Act.

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9.

CONTRACT OF ARTICLES OF CLERKSHIP AND/OR PRACTICAL VOCATIONAL

TRAINING:

9.1 The Legal Practice Act, The Regulations and The Rules refer to “Practical

Vocational Training” and do not make mention of the term “Articles of

Clerkship” as mentioned in terms of The Attorneys Act. Therefore, any

reference to the term Articles of Clerkship also includes the term Practical

Vocational Training and vice versa.

9.2 As stated above, at the time when I commenced with my articles of

clerkship, The Attorneys Act was still in force and therefore, when

registering my contract of articles of clerkship (hereinafter referred to as

“the contract of articles”). I had to comply with The Attorneys Act to

successfully register the said contract. I will set out in detail hereunder

how I complied with all the requirements in terms of The Attorneys Act at

the time when registration of my contract of articles of clerkship took

place.

9.3 On or about the ______________ I entered into a written contract of

Articles of Clerkship (“the Contract of Articles and/or Practical Vocational

Training) and commenced my articles of clerkship under my principal,

_____________________________ (hereinafter referred to as my

“principal”), an admitted attorney of the of the High Court of the Republic

of South Africa, who at the time was and is currently practicing as an

attorney and director of the firm ________________________ with its

offices situated at ________________________.

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9.4 The Contract of Articles of clerkship and/or Contract of Practical

Vocational Training was entered into for a period of two (2) consecutive

years in accordance with Section 2(1)(a) of the Attorneys Act, i.e. for the

period of ______________________. The contract of Articles and/or

Contract of Practical Vocational Training was entered into on the terms

and conditions set out in annexure “SF5”, being a true certified copy of a

duplicate of the registered Contract of Articles of Clerkship, being and

remaining in the possession of the Law Society of the Northern Provinces.

9.5 The Contract of Articles and/or Contract of Practical Vocational Training

was lodged with the Director of the Law Society within a period of two (2)

months of the date of signing thereof in due compliance with Sections 5(1)

and 5(3) of the Attorneys Act and Rule 22.1.2.2 of the Rules of the

Southern African Legal Practice Council. The Contract of Articles and/or

Contract of Practical Vocational Training was registered on the

_________________ under contract number _____________, as appears

from the letter from the Director of the Law Society dated the

___________________. The Honourable Court is referred to a true and

certified copy of the letter attached hereto and marked as annexure

“SF6”.

9.6 From the date of the commencement of the said Contract of Service on

___________ to ______________, I have been in the continuous and

actual employ of ____________________________. I was under the

direct supervision my Principal and rendered diligent and faithful service

to my Principal and ___________________ Incorporated.

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9.7 During the whole period of my contract of articles I executed my duties

under the direct supervision of ___________________ at the office of my

Principal.

9.8 During the period of Service, I did not absent myself from my duties as a

candidate attorney and/or candidate legal practitioner without my

principal’s consent. In accordance with Rule 22.1.4.1 of the South African

Legal Practice Council Rules, I was not absent for more than thirty

working days during any one year period of the two years that I served

under my Contract of Articles of clerkship and/or Contract of Practical

Vocational Training.

9.9 I have diligently and faithfully served my Principal, under his direct

supervision in terms of my Contract of Articles and/or Contract of Practical

Vocational Training for an uninterrupted period of two (2) year as will fully

appear from the confirmatory affidavit of my principal marked “SF7”.

9.10 During the period of my Contract of Articles and/or Contract of Practical

Vocational Training and in compliance with Rule 22.1.5.1, I held no

pecuniary interest in any law practice whatsoever, other than in respect of

bona fide remuneration for my services as a candidate attorney and/or

candidate legal practitioner and I have held nor occupied any office or

engaged in any business or position other than that of candidate attorney.

9.11 I confirm that I have undergone all the prescribed and applicable practical

vocational training requirements as a candidate attorney and/or candidate

legal professional, referred to in section 26(1)(c) of the Act.

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9.12 I confirm that I have completed my two (2) year service under the Contract

of Articles and/or Contract of Practical Vocational Training on

_______________.

9.13 My Principal in accordance with Regulation 6 Sub-Regulation 5 of The

Legal Practice Act Regulations and Section 3 of The Attorneys Act and at

the commencement and during the time of my contract of articles of

clerkship:

9.13.1 Was an attorney of this Honourable Court;

9.13.2 Practised as an attorney of this Honourable Court for a continuous period

of more than three (3) years, and had been practising as an attorney and

director of ____________________; and

9.13.3 At no time during the period of my Contract of Articles and/or Contract of

Practical Vocational Training had more than three candidate attorneys,

including myself, serving under him.

9.14 I respectfully submit that to the best of my knowledge, my Principal was

duly entitled to enter into a Contract of Articles and/or Contract of Practical

Vocational Training.

9.15 In terms of Section 112(2)(b) of the Act, any period of practical vocational

training undergone with an attorney or advocate before the date referred

to in section 120(4), being 1 November 2018, must be regarded as having

been a period of practical vocational training under the supervision of a

legal practitioner.

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10.

EXPERIENCE GAINED WHILST SERVING UNDER MY CONTRACT OF

ARTICLES:

10.1 I confirm that during the period of my Contract of Articles and/or Contract

of Practical Vocational Training, I was exposed to and gained experience

in the following aspects of attorneys’ practice under the guidance and

direct supervision of _____________________: -

10.1.1 General Office Tasks:

10.1.1.1 Taking instructions from clients, corresponding with and responding to

correspondence from clients, advising clients on a variety of litigious and

non-litigious matters;

10.1.1.2 Opening of client files;

10.1.1.3 Filing of daily documents;

10.1.1.4 Updating statutes in the library;

10.1.1.5 Researching legal opinions, statutes and case law;

10.1.1.6 Interpreting statutes, case law and legal articles;

10.1.2 Magistrates Court Practice:

10.1.2.1 Drafting of numerous letters of demand in terms of Section 14 of the

Consumer Protection Act and Section 129 of the National Credit Act;

10.1.2.2 Drafting summonses and particulars of claims in cases such as motor

vehicle accidents and breach of contracts;

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10.1.2.3 Drafting of pleas in cases such as motor vehicle accidents, unlawful arrest

and personal injury;

10.1.2.4 Drafting of special pleas, such as prescription, lack of jurisdiction and

failing to comply with Section 3 of the Institution of Action against Certain

Organs of State Act;

10.1.2.5 Drafting various notices;

10.1.2.6 Drafting of applications such as Rei Vindicatio and eviction applications

and applications for default judgments in the Regional Court;

10.1.2.7 Drafting interlocutory applications such as Application to Strike defence

from the roll, Application for Summary Judgment and Application for stay

of Action;

10.1.2.8 Drafting of supporting, opposing and answering affidavits;

10.1.2.9 Drafting of indexes and paginating files in Court;

10.1.2.10 Attending meetings with the Magistrate with regard to outstanding court

matters;

10.1.2.11 Drafting of Notice of Taxation and Bills of Cost;

10.1.2.12 Attending unopposed and opposed taxations in Court;

10.1.2.13 Attending Court and Appearing in Court in various matters on behalf of my

principal, being the following but not limited to:

10.1.2.14 Section 65 applications;

10.1.2.15 Application for Summary Judgment; and

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10.1.2.16 Application to compel discovery in the Regional Court;

10.1.2.17 Applying for motion dates in both the District and Regional Court;

10.1.2.18 Serving and filing of documents in the District and Regional Court;

10.1.3 High Court Practice:

10.1.3.1 Drafting of parental plans;

10.1.3.2 Drafting of summonses and particulars of claim, notices of appearance to

defend, notices of opposition and various other notices;

10.1.3.3 Attending court to issue summonses;

10.1.3.4 Serving and filing of documents;

10.1.3.5 Drafting of bills of costs

10.1.3.6 Consulting with Counsel on various matters with clients.

10.1.4 Other training:

10.1.4.1 Debt collection;

10.1.4.2 Attending to correspondent work;

10.1.4.3 Drafting of Acknowledgment of Debts and Deed of Suretyships;

10.1.4.4 Drafting Sub-Lease Agreements;

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10.1.4.5 Serving and filing of documents in the Labour Court;

10.1.4.6 Attending taxation in the Labour Court;

10.1.4.7 Filing and collection of documents at the Family Advocate;

10.1.4.8 Attending meetings with Social Workers with regards to children’s cases;

10.1.4.9 Legal bookkeeping, such as drawing of bank statements, posting of

entries to various accounts;

10.1.4.10 Attending to general matters in the management and administration of an

attorney’s practice.

10.1.5 Courses Attended:

I confirm that I have attended the following courses presented by Legal Education

and Development:

10.1.5.1 Insert any courses here

10.1.6 I have further received guidance relating to the relationship with practising

attorneys, correspondent attorneys as well as various other officers of the

Court.

10.1.7 I have also further received guidance and experience relating to a healthy

office practice, bookkeeping, trust accounting and administration as well

as relationships with clients, attorneys, counsel and opponents alike.

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10.1.8 I have further also received guidance and experience relating to file

management, professional fees, roles and responsibilities of employees in

a legal office.

10.1.9 In the premises, I respectfully submit that I have acquired substantial

training during the period of my articles of clerkship.

10.1.10 A confirmatory affidavit deposed to by my Principal, in support of the

allegations in the preceding paragraphs is annexed hereto, marked as

annexure “SF8”, as mentioned in paragraph 9.9 above.

11.

ATTENDANCE OF PRACTICAL LEGAL TRAINING COURSE:

11.1 I attended the Legal Education and Development Practical Legal Training

Compulsory Course for candidate attorneys from __________ to

___________ for Module 1 and from ___________ to ______________

for module 2, at the _________. I respectfully refer the above Honourable

Court to the attached and mark Annexure “SF9”, which is a true and

certified copy of my attendance certificate issued by the Law Society of

South Africa.

11.2 I confirm that I have completed the compulsory said course satisfactorily

in accordance with section 15(1)(b)(ivA) of the Attorneys Act and

respectfully submit that my attendance and completion of the said course

constitutes attendance as approved by the Legal Practice Council.

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11.3 I respectfully submit that I have therefore complied with the requirements

of completing a program of structured course work of not less than 150

hours.

11.4 In terms of Section 112(1)(a)(i) of the Act, any training course presented

at a Practical Legal Training School of Law Society of South Africa, for the

purposes of the Attorneys Act before the dated referred to in Section

120(4), being 1 November 2018, must be regarded as having been

presented or approved pursuant to the regulations pertaining to practical

vocational training in terms of the Act.

12.

ADMISSION AND/OR COMPETENCY BASED EXAMINATIONS:

12.1 I confirm that I have written and passed the Admissions and/or

Competency – Based Examinations for Candidate Attorneys and/or

Candidate Legal Practitioners, referred to in Section 14(1)(a)-(c) of the

Attorneys Act as well as section 26(1)(d) of the Act, on dates as set out

more fully in the certificate of examiners referred to hereunder.

12.2 At the time I undertook the examinations referred to above, I was in the

Contract of Articles and/or Contract of Practical Vocational Training and

had so served for a continuous period of not less than six (6) months as

required by section 14(3) of the Attorneys Act.

12.3 The Examiner’s Certificate, confirming the contents of paragraph 11.2

above, and relating to Papers 1, 2, 3 and 4 being Court Practice and

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Procedure, Wills and Estates, Attorneys Practice and Attorneys

Bookkeeping respectively, once same has been received, will be filed with

the Registrar of this Honourable Court before the hearing of this

application and presented to the Honourable Court as annexures “SF10”,

“SF11”, “SF12” and “SF13”.

13.

COMMUNITY SERVICE:

13.1 I submit that the provisions of section 29 of the Act, in so far as it relates

to the rendering of community service by candidate attorneys is not

applicable to me as no such requirements have, as of date and to the best

of my knowledge and belief, been prescribed by the Minister of Justice

and Constitutional Development.

13.2 I therefore respectfully submit that I am entitled to apply for admission as

a legal practitioner without having complied with the provisions of Section

26(1)(c)(i).

14.

LEGAL PRACTICE MANAGEMENT COURSE – SECTION 26(1)(c)(ii) OF THE

ACT:

14.1 I submit that the provision of Section 26(1)(c)(ii) in so far as they relate to

the completion of a Legal Practice Management Course is not applicable

to me as no such requirements have, as of date and to my best

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knowledge and belief, been prescribed by the Minister of Justice and

Constitutional Development.

15.

FIT AND PROPER PERSON FOR ADMISSION:

15.1 I humbly submit that I am a fit and proper person to be admitted as an

attorney and/or legal practitioner of the above Honourable Court, as:

15.1.1 I have never been convicted of any criminal offence and at present no

disciplinary or criminal proceedings are pending against me;

15.1.2 I have never been subjected to disciplinary proceedings by the Legal

Practice Council, any Law Society, University, employer or any other

institution and to the best of my knowledge no such proceedings are

pending against me;

15.1.3 I have not held nor occupied any office or engaged in any business or

position other than that of a candidate attorney and/or candidate legal

practitioner;

15.1.4 There are no civil or administrative proceedings pending or about to be

instituted against me and no such proceedings have ever been instituted

against me in the past;

15.1.5 I have never voluntarily surrendered my estate, nor has my estate been

sequestrated either provisionally or finally and no similar proceedings are

currently pending against me;

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15.1.6 I have not previously made application to be admitted as an attorney

and/or legal practitioner or an advocate of the High Court of South Africa

nor have I enrolled to practice as an Advocate or Attorney or Legal

Practitioner of the said Honourable Court;

15.1.7 I have completed my Contract of Articles for an uninterrupted period of

two (2) year within a period of three (3) years preceding this application;

15.1.8 To the best of my knowledge and belief, there is no reason why I should

not be admitted and enrolled as an attorney and/or legal practitioner of

this Honourable Court;

15.1.9 In the premises, I respectfully submit that I have complied with all the

provisions of section 24(2) of the Act.

16.

SERVICE AND PAYMENT OF PRESCRIBED FEES:

16.1 In compliance with the provisions of Section 24(2)(b) of the Act as well as

Rule 2 of the Rules:

16.1.1 I will ensure that the original and two copies of the notice of motion to which

this affidavit is annexed, together with this affidavit and all the annexed

documents, including the confirmatory affidavit of Mr. JA Rothman, will lie for

inspection with the Council on a date which precedes the date of this

application for a period of not less than one month in accordance with Rule

17.7 of The Rules;

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16.1.2 I paid the prescribed fees in terms of Section 2 of the Act to the Secretary of

the Legal Practice Council and submit that proof thereof will be filed with the

Registrar of this Honourable Court prior to the hearing of the application. In

support hereof I annex hereto proof of payment marked annexure “SF14”.

17.

COMPLIANCE WITH SECTION 24 AND 26 OF THE ACT IN ORDER TO BE

ADMITTED:

17.1 I submit that I have satisfied all the requirements of section 15 of the

Attorneys Act and I respectfully submit that I am currently entitled to be

admitted and enrolled as an attorney and/or legal practitioner under the

applicable provisions of section 24 and 26 if the Act, in that:

17.1.1 I am over the age of 21 years and a South African citizen;

17.1.2 I satisfied the requirements for obtaining a Baccelaureus Legum (LLB)

degree during ___________;

17.1.3 The degree referred to in 17.1.2 above was conferred on me by the

__________ University, on the ______________;

17.1.4 I entered into a two (2) year Contract of Articles and/or Practical

Vocational Training on the __________________ and continuously

served under the direct supervision and control of my principal,

________________, at ________________________ as contemplated in

paragraph 10.3 above in accordance with the abovementioned Contract of

Articles and/or Practical Vocational Training. I completed my two (2) year

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Contract of Articles and/or Practical Vocational Training on the

____________________;

17.1.5 I submit that I have successfully written and passed the Admissions

and/or Competency Based Examinations for Candidate Attorneys and/or

Candidate Legal Practitioners, referred to in section 14(1)(a)-(c) of the

Attorneys Act as well as section 26(1)(d) of the Act on _____________;

17.1.6 I complied with the requirements for the Practical Legal Training course as

confirmed by the Attendance Certificate referred to in paragraph 12.1

above and dated _______________ in accordance with section 15(1)(b)

(ivA) of the Attorneys Act, as I attended and completed the Practical Legal

Training course on a part time basis for a period not less than 150 hours;

17.1.7 I respectfully submit that I am a fit and proper person to be admitted as

prayed for and as contemplated in paragraph 15 above.

18.

LAPSE BETWEEN PERIODS OF COMPLETION OF CONTRACT OF ARTICLES

AND/OR PRACTICAL VOCATIONAL TRAINING TO DATE OF ADMISSION:

18.1 I will continue to engage in the services of a Candidate Attorney and/or

Candidate Legal Practitioner on a full time basis during the period after my

completion of my Contract of Articles and/or Contract of Practical Vocational

Training to date of my admission.

19.

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RELIEF SOUGHT

19.1 To the best of my knowledge and belief, there is no reason why I should

not be admitted as a legal practitioner of this Honourable Court and I

respectfully submit that I am a fit and proper person to be so admitted and

enrolled in terms of The Legal Practice Act, The Rules and The

Regulations.

19.2 In the premises of the content of this affidavit and the confirmatory

affidavit of my Principal, ___________________, annexed hereto and

marked Annexure “SF15”, I respectfully submit that I have complied with

all the requirements in terms of The Legal Practice Act, The Regulations,

The Rules and The Attorneys Act.

WHEREFORE I respectfully request that this Honourable Court grant an Order as

set out in the Notice of Motion to which this Affidavit is annexed.

________________________________

________________________

DEPONENT

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THUS SIGNED AND SWORN to before me at __________ on this the ________

day of _________________ 20__ after the deponent acknowledged that she knows

and understands the contents of this declaration. She further declares that she

considers the declaration as binding to her conscience.

______________________________

COMMISSIONER OF OATHS

FULL NAMES:

CAPACITY:

ADDRESS:

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3. Supporting/confirmatory affidavit
3.1 Checklist
The principal's supporting affidavit should contain the following:
 Confirmation of the exact period the applicant served with him/her.
 Confirmation that he/she had been serving as an attorney for his or her own
account or as a partner or a director for a period of three years in the
aggregate during the preceding four years, Rule 17.4.2.1.1.
 Alternatively, confirmation that the principal practiced as a professional
assistant in a firm for a period of five years, Rule 17.4.2.1.2.
 Attorneys employed by Legal Aid must have practiced for three years, Rule
17.4.2.2.
 Attorneys employed by the office of the State Attorney must have practiced for
four years, Rule 17.4.2.3.
 Confirmation that the principal continued to practice as aforesaid during the
period of the PVT contract, Rule 17.4.3.
 Confirmation that principal did not have more than three candidate legal
practitioners simultaneously under the PVT contract, Rule 17.4.4.
 Attorneys employed by Legal Aid or State Attorney must confirm not having
contracted more than six candidate legal practitioners under the PVT contract.
 Confirmation by the principal that he/she is of the view that the applicant a fit
and proper person to be admitted and enrolled as an attorney, Rule 17.4.5.

Note: The affidavits must be properly commissioned particularly the commissioner's

full name/s, rank/capacity and business address must be recorded. The date and
place of signature must be inserted. Furthermore, the certificate of the commissioner
of oaths must reflect the gender of the deponent correctly to avoid misidentification.

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3.2 Supporting affidavit - template

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

CASE NUMBER: _____________

In the Ex Parte application of:

APPLICANT

[IDENTITY NUMBER:]

for her admission as a legal practitioner and authorisation to the Legal Practice

Council to enrol the applicant as an Attorney in terms of Section 24 read with Section

30 of the Legal Practice Act, 28 of 2014.

CONFIRMATORY AFFIDAVIT

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I, the undersigned

_______________________________

Identity number:

do hereby make oath and say that:

1.

1.1 I am a practicing attorney of the above Honourable Court and one of the

directors at the firm _______________________ situated at

____________________.

2.

2.1 The facts contained herein are within my personal knowledge and are, to

the best of my knowledge and belief, both true and correct unless the

contrary is stated.

3.

3.1 In this Affidavit except where the contrary appears from the context, any

reference to “the Act” will mean the Legal Practice Act, No 28 of 2014.

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4.

4.1 In this Affidavit except where the contrary appears from the context, any

reference to “the Rules” will mean the Rules of the South African Legal

Practice Council.

5.

5.1 I confirm that on the _____________ at _________, in the Province of

________, and in accordance with Section 2(1)(e) of the now repealed

Attorneys Act, No.53 of 1979, as amended (hereinafter referred to as “the

Attorneys Act”) I entered into a written Contract of Articles (“the Contract

of Articles and/or Contract of Practical Vocational Training”) with

_______________________________ (hereinafter referred to as “the

Applicant”) for a period of two (2) years.

6.

6.1 The Contract of Articles and/or Contract of Practical Vocational Training

was registered by the Secretary of the Law Society of the Northern

Provinces on the ________________ under registration number

__________, being a date within 2 (TWO) months from the date of

signature thereof as contemplated in Section 5(3) of the Attorneys Act and

in Rule 22.1.2.2 of the Rules of the South African Legal Practice Council. I

confirm that the letter from the director of the Law Society of the Northern

Provinces addressed to myself is annexed to the Applicant’s Founding

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Affidavit, marked “SF7”, confirming that the Contract of Articles and/or

Contract of Practical Vocational Training had been duly registered.

7.

7.1 I confirm that I have, at the time of entering into the Contract of Articles of

Clerkship and/or Contract of Practical Vocational Training, and in

accordance with Rule 17.4.2.1.1 of the Rules, practiced as an attorney

and director of the firm, __________________________, for a period

longer than 3 (three) years and I still continue to practice as such.

8.

8.1 I confirm that, at no time during the period of __________ to

______________, being the period during which the Applicant has served

her Contract of Articles and/or Contract Practical Vocational Training

under me, did I have more than 3 (THREE) candidate attorneys and/or

candidate legal practitioners simultaneously serve under a Contract of

Articles and/or Contract of Practical Vocational Training with me.

9.

9.1 The Applicant served me continuously, faithfully and diligently as a

candidate attorney and/or candidate legal practitioner in accordance with

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Contract of Articles and/or Contract of Practical Vocational Training during

the currency thereof, and during which period –

9.2 The Applicant was in my actual employment and under my direct personal

supervision in accordance with the provisions of the Act.

9.3 The Applicant had no pecuniary interest in either

_________________________ nor to the best of my knowledge did s/he

have any pecuniary interest in the practice of any Attorney and nor did

s/he hold any office or engage in any business other than that of being my

candidate attorney and/or candidate legal practitioner.

9.4 The Applicant did not absent him/herself from

_________________________for a period exceeding thirty (30) working

days in any one year.

10.

10.1 In terms of Section 112(b) of the Act, any period of practical vocational

training undergone with an attorney or advocate before the date referred

to in section 120(4), being 1 November 2018, must be regarded as having

been a period of practical vocational training under the supervision of a

legal practitioner.

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11.

11.1 I have read the affidavit of the Applicant and confirm the contents therein

insofar it relates to me.

12.

12.1 I respectfully submit that the Applicant is a fit and proper person to be

admitted and enrolled as an attorney and/or legal practitioner of the above

Honourable Court.

WHEREFORE I confirm that I am in support of the Application by the Applicant to be

admitted as a Legal Practitioner of this Honourable Court as set out in the Notice of

Motion and Founding Affidavit.

________________________________

________________________________

THUS SIGNED AND SWORN to before me at ____________ on this the ________

day of _________________ 20__ after the deponent acknowledged that he knows
and understands the contents of this declaration. He further declares that he
considers the declaration as binding to his conscience.

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______________________________

COMMISSIONER OF OATHS

FULL NAMES:

CAPACITY:

ADDRESS:

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4. Annexures
Certified copies of the following should be attached as annexures to the application:
 ID document
 Permanent residence permit (where applicable)
 Marriage certificate (where applicable)
 Copy(ies) of the applicant’s degree certificate(s)
 Some courts (such as the PMB High Court) might require inclusion of
academic record
 Copy of PVT contract (articles of clerkship agreement)
 Letter confirming registration of the PVT contract (contract of articles of
clerkship)
 Copy of cession (where applicable)
 Letter confirming registration of cession by LPC (where applicable)
 Copy(ies) of the Proficiency Certificate confirming completion of competency-
based examination (board exams consisting of four papers)
 Attendance Certificate issued by LEAD confirming completion of either 400
notional hour course work (6 months PLT course) or 150 notional hour course
work (part-time 23-day PLT course).
 Principal’s supporting affidavit (Note: In respect of cession an affidavit by
each principal must be submitted)
 Two certificates of good character from legal practitioners who have been
acquainted with the applicant for not less than two years

5. Revised terminology
 Candidate legal practitioner (previously known as candidate attorney)
 Practical vocational training contract (previously known as articles of
clerkship)
 Competency-based examination (previously known as board exams or
practical examination)
 Program of structured course work of 400 notional hours (previously known as
the six months practical legal training course or the LSSA Unisa long distance
course)
 Program of structured course work of 150 notional hours (previously known as
part time 23 days practical legal training course)

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