LJU4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

LJU4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. With reference to case law, describe the three-stage enquiry that a court applies to determine whether a person is fit and proper to practise as an attorney.Explain the following statement, with reference to applicable legislation: “Membership of the legal profession is subject to extensive character screening.” What was the sanction that the court imposed in the current case? Briefly explain the court's reasoning in reaching the decision to impose this sanction. Read the following statement, and answer the question that follows: "The respondent shall be liable for the costs of the application on the scale as between attorney and client." In terms of the Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities, which factors should be considered to calculate a reasonable fee by a legal practitioner? With specific reference to Jasat v Natal Law Society 2000 (3) SA 44 (SCA), describe the three-stage enquiry that a court applies to determine whether a person is fit and proper to practise as an attorney. Name the three factors that a court’s decision on the third leg of the enquiry will depend on. What was the sanction that the court imposed in the Spies-case? Consider the following statement: If a legal practitioner who was struck off the role apply for readmission, he or she will be required to satisfy the court that he or she is “a completely reformed character” and that his or her rehabilitation is permanent. ead Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below. Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 3.1 Name the applicant in this case. (1) 3.2 What order is the applicant seeking in this case? (1) Question 4 Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2) Question 6 With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5) Question 7 Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (4) With specific reference to Lize Maartens v The South African Legal Practice Council (Case 19239/2022), set out the factors that the court will take into consideration to determine whether the practitioner may be readmitted. Name the applicant in the Spies-case. With reference to applicable legislation, describe the purpose of the applicant identified in 1.1. Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. ead Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below. Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 3.1 Name the applicant in this case. (1) 3.2 What order is the applicant seeking in this case? (1) Question 4 Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2) Question 6 With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5) Question 7 Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (4) With reference to case law, describe the three-stage enquiry that a court applies to determine whether a person is fit and proper to practise as an attorney.Explain the following statement, with reference to applicable legislation: “Membership of the legal profession is subject to extensive character screening.” What was the sanction that the court imposed in the current case? Briefly explain the court's reasoning in reaching the decision to impose this sanction. Read the following statement, and answer the question that follows: "The respondent shall be liable for the costs of the application on the scale as between attorney and client." In terms of the Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities, which factors should be considered to calculate a reasonable fee by a legal practitioner? With specific reference to Jasat v Natal Law Society 2000 (3) SA 44 (SCA), describe the three-stage enquiry that a court applies to determine whether a person is fit and proper to practise as an attorney. Name the three factors that a court’s decision on the third leg of the enquiry will depend on. What was the sanction that the court imposed in the Spies-case? Consider the following statement: If a legal practitioner who was struck off the role apply for readmission, he or she will be required to satisfy the court that he or she is “a completely reformed character” and that his or her rehabilitation is permanent. ead Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below. Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 3.1 Name the applicant in this case. (1) 3.2 What order is the applicant seeking in this case? (1) Question 4 Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2) Question 6 With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5) Question 7 Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (4) With specific reference to Lize Maartens v The South African Legal Practice Council (Case 19239/2022), set out the factors that the court will take into consideration to determine whether the practitioner may be readmitted. Name the applicant in the Spies-case. With reference to applicable legislation, describe the purpose of the applicant identified in 1.1. Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. ead Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below. Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 3.1 Name the applicant in this case. (1) 3.2 What order is the applicant seeking in this case? (1) Question 4 Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2) Question 6 With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5) Question 7 Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (4)