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LJU4802 Assignment 1 Semester 1 2026 Due 23 March 2026

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UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Law · Department of Jurisprudence

⋄ ⋄ ⋄



LJU4802
Legal Ethics and Professional Conduct

Semester 1 | Assignment 1 | Due: 23 March 2026
⋄ ⋄ ⋄




Assignment Details

LJU4802
Module Code:
Legal Ethics and Professional Conduct
Module Name:
Semester 1, Assignment 1
Assignment:
23 March 2026
Due Date:
OSCOLA
Referencing:
LPC v Naicker (Case No. 2788/2019P)
Primary Case:




Submitted in partial fulfilment of the requirements for LJU4802 · University of South Africa · 2026

,UNISA | LJU4802 Legal Ethics and Professional Conduct



Contents


1 Part A: The Fit and Proper Enquiry and Related Principles 4


Part A: The Fit and Proper Enquiry and Related Principles 4

1.1 A.1 The Three-Stage Enquiry: Whether a Person is Fit and Proper to Practise as
an Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.2 A.2 “Membership of the Legal Profession is Subject to Extensive Character Screen-
ing” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

1.3 A.3 The Three Factors Governing the Third Leg of the Enquiry . . . . . . . . . 6

1.4 A.4 Costs on the Attorney-and-Client Scale . . . . . . . . . . . . . . . . . . . . . 7

1.5 A.5 Factors for Calculating a Reasonable Fee Under the Code of Conduct . . . . 7


2 Part B: Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand
Bank Limited (Case No. 2788/2019P) 9


Part B: LPC v Naicker (Case No. 2788/2019P) 9

2.1 Question 1 Legislation Currently Regulating the Attorney’s Profession . . . . . 9

2.2 Question 2 Legislation Applied and Why . . . . . . . . . . . . . . . . . . . . . . 9

2.3 Question 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.4 Question 4 Why an Attorney Must Have a Fidelity Fund Certificate and a Trust
Banking Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.5 Question 5 Why the Court Found that Mr Naicker Misappropriated Trust Funds 10

2.6 Question 6 The Nature of the Attorney’s Profession and Ethical Demands: SCA
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.7 Question 7 The Three-Stage Enquiry Applied in This Case . . . . . . . . . . . . 12

2.8 Question 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12



Page 2 of 20

, UNISA | LJU4802 Legal Ethics and Professional Conduct


3 Part C: Readmission – Lize Maartens v The South African Legal Practice Coun-
cil (Case 19239/2022) 14


Part C: Readmission – Lize Maartens v SALPC 14

3.1 C.1 Factors the Court Considers for Readmission . . . . . . . . . . . . . . . . . . 14


4 Part D: The Spies Case and the Legal Practice Council 16


Part D: The Spies Case and the Legal Practice Council 16

4.1 D.1 Name of the Applicant in the Spies Case . . . . . . . . . . . . . . . . . . . . 16

4.2 D.2 Purpose of the Legal Practice Council with Reference to Applicable Legisla-
tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4.3 D.3 Sanction Imposed in the Spies Case . . . . . . . . . . . . . . . . . . . . . . . 16

4.4 D.4 Fidelity Fund Certificate and Trust Banking Account: Summary . . . . . . . 17


Table of Cases 18


Table of Legislation 19


Bibliography 20




Page 3 of 20

Connected book
 image
Michael D. Bayles Professional Ethics
Publisher: 1989 ISBN: 9781317070788 Edition: Unknown

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