LJU4802
ASSIGNMENT 1
DUE DATE: 28 AUGUST 2026
, LJU4802 ASSIGNMENT 1 2026
DUE 28 AUGUST 2026
Question 1 Consider the following statement by the court and answer the question that
follows: "In light of these acts of misconduct thus established the question to be
considered is.
With 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
Question 1: The Three-Stage Enquiry from Jasat v Natal Law Society
In Legal Practice Council v Letsela Nako Stanley, the court posed the critical question:
"whether the respondent is a fit and proper person to practice as an attorney of this
court."¹ The court, in cases such as this, applies a three-stage enquiry as established in
Jasat v Natal Law Society to determine if a legal practitioner is fit and proper to continue
practising.²
The three stages are
Factual Enquiry: The first stage is a factual enquiry to establish whether the alleged
conduct of misconduct has been proven on a balance of probabilities. In the Letsela
case, this stage was satisfied by the proven facts that the respondent failed to submit an
audit report, practiced without a Fidelity Fund Certificate, and likely had unpaid
membership fees.³
¹ Legal Practice Council v Letsela Nako Stanley 2021 (Case number: 2756/2021) [2021] ZAFSHC 97 (7
October 2021) para 4.
² Professional Ethics (LJU4802) Learning Units (Department of Jurisprudence, Unisa, 2026), Learning
Unit 3, Heading 5: The removal of lawyers who are not fit and proper.
³ Legal Practice Council v Letsela Nako Stanley 2021 para 2-3.
ASSIGNMENT 1
DUE DATE: 28 AUGUST 2026
, LJU4802 ASSIGNMENT 1 2026
DUE 28 AUGUST 2026
Question 1 Consider the following statement by the court and answer the question that
follows: "In light of these acts of misconduct thus established the question to be
considered is.
With 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
Question 1: The Three-Stage Enquiry from Jasat v Natal Law Society
In Legal Practice Council v Letsela Nako Stanley, the court posed the critical question:
"whether the respondent is a fit and proper person to practice as an attorney of this
court."¹ The court, in cases such as this, applies a three-stage enquiry as established in
Jasat v Natal Law Society to determine if a legal practitioner is fit and proper to continue
practising.²
The three stages are
Factual Enquiry: The first stage is a factual enquiry to establish whether the alleged
conduct of misconduct has been proven on a balance of probabilities. In the Letsela
case, this stage was satisfied by the proven facts that the respondent failed to submit an
audit report, practiced without a Fidelity Fund Certificate, and likely had unpaid
membership fees.³
¹ Legal Practice Council v Letsela Nako Stanley 2021 (Case number: 2756/2021) [2021] ZAFSHC 97 (7
October 2021) para 4.
² Professional Ethics (LJU4802) Learning Units (Department of Jurisprudence, Unisa, 2026), Learning
Unit 3, Heading 5: The removal of lawyers who are not fit and proper.
³ Legal Practice Council v Letsela Nako Stanley 2021 para 2-3.
