LJU4802
Assignment 1 Semester 2 2025
Unique Number: 733857
Due Date: 10 September 2025
QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
QUESTION 3
Explain why an attorney must have a Fidelity Fund certificate and practise with
a trust banking account.
An attorney who receives or holds money or property on behalf of clients is required
by law to keep such funds separate from personal or office funds, in a designated
trust banking account. The purpose is to protect the public by ensuring that client
funds are not misappropriated or lost. Attorneys may only practise if they hold a valid
Fidelity Fund certificate, which serves as a guarantee that the Legal Practitioners’
Fidelity Fund will reimburse clients for financial losses suffered due to theft of money
entrusted to an attorney. This requirement safeguards the integrity of the profession
and maintains public trust.
QUESTION 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.
The court follows a three-stage enquiry:
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 2 2025
Unique Number: 733857
Due Date: 10 September 2025
QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
QUESTION 3
Explain why an attorney must have a Fidelity Fund certificate and practise with
a trust banking account.
An attorney who receives or holds money or property on behalf of clients is required
by law to keep such funds separate from personal or office funds, in a designated
trust banking account. The purpose is to protect the public by ensuring that client
funds are not misappropriated or lost. Attorneys may only practise if they hold a valid
Fidelity Fund certificate, which serves as a guarantee that the Legal Practitioners’
Fidelity Fund will reimburse clients for financial losses suffered due to theft of money
entrusted to an attorney. This requirement safeguards the integrity of the profession
and maintains public trust.
QUESTION 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.
The court follows a three-stage enquiry:
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
