MEMORANDUM ASSIGNMENT 1 2024
Reference in footnotes form included
MODULE CODE: LJU4802 (PROFESSIONAL ETHICS)
ASSIGNMENT: 01
DUE DATE: 13 MARCH 2024 20:00
QUESTION 1
1.1 The applicant in the Mamabolo case is Justice Mufamadi.1
1.2 Justice Mufamadi, as the applicant in the Mamabolo case, sought to challenge the
constitutionality of certain provisions in the Attorneys Act that required attorneys to pay
annual fees to their respective law societies. The purpose of the applicant in this case
was to argue that these provisions violated the constitutional rights to equality and
freedom of association.
QUESTION 2
2.1 The legislation that currently regulates the attorney's profession is the Legal Practice
Act, 2014.
2.2 A professional code of legal ethics is a set of guidelines and principles that govern
the behavior and conduct of professionals in the legal field. 2 These codes are meant to
ensure that lawyers uphold high standards of professionalism, integrity, and ethical
behavior in their practice of law.3
Three general aims of a professional code of legal ethics include:
Upholding the rule of law: Lawyers are expected to adhere to the laws and regulations
governing their profession, and to promote justice and fairness in their legal practice.4
Protecting client interests: Lawyers have a duty to act in the best interests of their
clients, maintain confidentiality, and provide competent and diligent representation.5
1 Justice Mufamadi - The Law Society of the Northern Provinces and Another v Mufamadi (968/2013) [2014]
[ZASCA 50]; 2014 (6) SA 134 (SCA) (10 April 2014)
2 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
3 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
4 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
5 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
Reference in footnotes form included
MODULE CODE: LJU4802 (PROFESSIONAL ETHICS)
ASSIGNMENT: 01
DUE DATE: 13 MARCH 2024 20:00
QUESTION 1
1.1 The applicant in the Mamabolo case is Justice Mufamadi.1
1.2 Justice Mufamadi, as the applicant in the Mamabolo case, sought to challenge the
constitutionality of certain provisions in the Attorneys Act that required attorneys to pay
annual fees to their respective law societies. The purpose of the applicant in this case
was to argue that these provisions violated the constitutional rights to equality and
freedom of association.
QUESTION 2
2.1 The legislation that currently regulates the attorney's profession is the Legal Practice
Act, 2014.
2.2 A professional code of legal ethics is a set of guidelines and principles that govern
the behavior and conduct of professionals in the legal field. 2 These codes are meant to
ensure that lawyers uphold high standards of professionalism, integrity, and ethical
behavior in their practice of law.3
Three general aims of a professional code of legal ethics include:
Upholding the rule of law: Lawyers are expected to adhere to the laws and regulations
governing their profession, and to promote justice and fairness in their legal practice.4
Protecting client interests: Lawyers have a duty to act in the best interests of their
clients, maintain confidentiality, and provide competent and diligent representation.5
1 Justice Mufamadi - The Law Society of the Northern Provinces and Another v Mufamadi (968/2013) [2014]
[ZASCA 50]; 2014 (6) SA 134 (SCA) (10 April 2014)
2 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
3 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
4 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
5 Mamabolo v Rustenburg Platinum Mines Ltd & others [2008] ZACC 3; 2009 (3) SA 1 (CC)
