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Minimum Qualifications And Practical Vocational Training:Legal Practice Act, 2014 Minimum Qualifications And Practical Vocational Training:Legal Practice Act, 2014

Bronze medal Reporter Josily Posted 2 Jul 2019 Read More News and Blogs
Minimum Qualifications And Practical Vocational Training:Legal Practice Act, 2014

 

Chapter 3 of the Legal Practice Act, 2014 describes Regulation Of Legal Practitioners And Candidate Legal Practitioners.

 

Minimum Qualifications And Practical Vocational Training

 

26.(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 No. 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.

(2)An attorney qualifies to be enrolled as a conveyancer, if he or she has passed a competency-based examination or assessment of conveyancers as determined in the rules by the Council.

(3)An attorney qualifies to be enrolled as a notary, if he or she has passed a competency-based examination or assessment for notaries as determined in the rules by the Council.

Practical vocational training

27.(1) The Council must in the rules, determine the minimum conditions and procedures for the registration and administration of practical vocational training.

(2)The rules contemplated in subsection (1) must regulate the payment of remuneration, allowances or stipends to all candidate legal practitioners, including the minimum amount payable.

Assessment of practical vocational training

28.(1) The Council must, in the rules, determine a procedure and issue directions pertaining to the assessment of persons undergoing practical vocational training.


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(2)The purpose of assessment in terms of subsection (1) is to establish whether, in the opinion of the Council, the person has attained an adequate level of competence as determined in the rules, for admission and enrolment as a legal practitioner.

(3)The assessment referred to in subsection (1) must be carried out by the Council or an appropriate institution or organisation engaged by the Council to conduct the assessment on its behalf.

(4)The Council must, in the rules, determine the criteria for a person, institution, organisation or association to qualify to conduct an assessment in terms of this section.

For more detailed information contact lawyers in South Africa.


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