SCL1501
Question 1
1.1 The term "state" refers to a non-physical entity, an abstract notion or
phenomena formed by citizens by a considered agreement (i.e., social contract) in
which they transfer their existence, power, and resources to this imagined
authority. This abstract power is supposed to regulate and care for the citizens or
nation in a variety of ways, including law and order (protection) and other social
and economic services. This means that a person, whether a South African citizen
or a non-citizen, is a serious actor or role player in the judicial system. This idea
stems from the idea that a legal system is created by citizens and is primarily
intended to serve them. In this sense, we generally argue that a legal system
receives its legitimacy and existence from citizens agreeing to be controlled or
bound by the system in what is known as a social contract. The term "social
contract" generally refers to a situation in which residents have freely come
together and agreed on a set of rules by which their lives would be organised, and
thus create a sense of order, certainty and protection.
Question 2
2.1 The purpose of the Legal Practice Act 28 of 2014 is, to provide a legislative
framework for the transformation and restructuring of the legal profession in line
with constitutional imperatives so as to facilitate and enhance an independent
legal profession that broadly reflects the diversity and demographics of the
Republic; to provide for the establishment, powers and functions of a single South
African Legal Practice Council and Provincial Councils in order to regulate the affairs
of legal practitioners and to set norms and standards; to provide for the admission
and enrolment of legal practitioners; to regulate the professional conduct of legal
practitioners so as to ensure accountable conduct; to provide for a Legal
Practitioners’ Fidelity Fund and a Board of Control for the Fidelity Fund; to provide
for the establishment, powers and functions of a National Forum on the Legal
Profession; and to provide for matters connected therewith.
2.2 The term, ‘‘legal representatives’’ refers either to advocates or attorneys (i.e.
legal practitioners). All role players in the legal profession are now referred to as
“legal practitioners” in terms of the Legal Practice Act 28 of 2014.
Question 1
1.1 The term "state" refers to a non-physical entity, an abstract notion or
phenomena formed by citizens by a considered agreement (i.e., social contract) in
which they transfer their existence, power, and resources to this imagined
authority. This abstract power is supposed to regulate and care for the citizens or
nation in a variety of ways, including law and order (protection) and other social
and economic services. This means that a person, whether a South African citizen
or a non-citizen, is a serious actor or role player in the judicial system. This idea
stems from the idea that a legal system is created by citizens and is primarily
intended to serve them. In this sense, we generally argue that a legal system
receives its legitimacy and existence from citizens agreeing to be controlled or
bound by the system in what is known as a social contract. The term "social
contract" generally refers to a situation in which residents have freely come
together and agreed on a set of rules by which their lives would be organised, and
thus create a sense of order, certainty and protection.
Question 2
2.1 The purpose of the Legal Practice Act 28 of 2014 is, to provide a legislative
framework for the transformation and restructuring of the legal profession in line
with constitutional imperatives so as to facilitate and enhance an independent
legal profession that broadly reflects the diversity and demographics of the
Republic; to provide for the establishment, powers and functions of a single South
African Legal Practice Council and Provincial Councils in order to regulate the affairs
of legal practitioners and to set norms and standards; to provide for the admission
and enrolment of legal practitioners; to regulate the professional conduct of legal
practitioners so as to ensure accountable conduct; to provide for a Legal
Practitioners’ Fidelity Fund and a Board of Control for the Fidelity Fund; to provide
for the establishment, powers and functions of a National Forum on the Legal
Profession; and to provide for matters connected therewith.
2.2 The term, ‘‘legal representatives’’ refers either to advocates or attorneys (i.e.
legal practitioners). All role players in the legal profession are now referred to as
“legal practitioners” in terms of the Legal Practice Act 28 of 2014.
