STUDENT NUMBER: 3249-449-1
STUDENT NAME: STEPHEN MAKATE MALEKA
SUBJECT: LJU4802
PROFESSIONAL ETHICS
DEPARTMENT OF JURISPRUDENCE
for Business ExamsPreparing for business exams involves mastering both conceptual understanding and practical application. Students are encouraged to study theories and
frameworks but also to keep
2025 S1 MAY/JUNE EXAMINATION
DUE DATE: 2 JUNE 2025
, for Business ExamsPreparing for business exams involves mastering both conceptual understanding and practical application. Students are encouraged to study theories and
frameworks but also to keep
Table of Contents
1. Question 1. .....................................................................................................................2
2. Question 2 ......................................................................................................................4
3. Question 3 ......................................................................................................................7
4. Question 4 ......................................................................................................................9
5. Question 5 .................................................................................................................... 11
6. Bibliography .................................................................................................................. 12
7. Academic Honesty Declaration ..................................................................................... 13
1. Question 1.
1.1 Explain whether Tanya should be regarded as a businessperson, like her
brother. (10)
To determine whether Tanya should be regarded as a businessperson like her brother
Calvin, we must distinguish between profession and business in legal ethics.
According to the UNISA Tutorial Letter for LJU4802 (2025), professional legal
practitioners, such as attorneys, are not merely businesspeople; they are members of
a learned profession who owe duties to the court, their clients, and society at large.
Their conduct is governed by principles of professional ethics, which prioritise justice,
integrity, and service over profit.1
Tanya, as a candidate attorney, is training to become an officer of the court. Her role
is guided by fiduciary duties and professional codes, not market-driven motives. In
contrast, Calvin, as a plumber, participates in a trade where his primary obligation is
to deliver a service to paying clients, with profit-making being a central motive. He is
thus more accurately described as a businessperson in the traditional sense.
In Law Society of the Cape of Good Hope v C2the court held that legal practice is not
a business in the commercial sense and must be distinguished from trades where
services are sold purely for profit.² Legal practitioners are held to higher ethical
standards, and their profession is regulated not only by contract but by statute and
professional bodies such as the Legal Practice Council.3
Furthermore, the Legal Practice Act 28 of 2014 emphasises that attorneys serve the
public interest and must uphold the rule of law and the administration of justice.4 This
confirms that Tanya’s role is professional rather than entrepreneurial.
1 UNISA, Tutorial Letter 501/2025: LJU4802 – Legal Philosophy and Professional Ethics 6–8
2 Law Society of the Cape of Good Hope v C 1985 (1) SA 936 (A).
3 Prokureursorde van Transvaal v Kleynhans 1995 (1) SA 839 (T).
4 Legal Practice Act 28 of 2014, ss 3 and 5.
3249-449-1 S.M. Maleka LJU4802 Professional Ethics 2025 S1 May/June Exam Page 2 of 14
STUDENT NAME: STEPHEN MAKATE MALEKA
SUBJECT: LJU4802
PROFESSIONAL ETHICS
DEPARTMENT OF JURISPRUDENCE
for Business ExamsPreparing for business exams involves mastering both conceptual understanding and practical application. Students are encouraged to study theories and
frameworks but also to keep
2025 S1 MAY/JUNE EXAMINATION
DUE DATE: 2 JUNE 2025
, for Business ExamsPreparing for business exams involves mastering both conceptual understanding and practical application. Students are encouraged to study theories and
frameworks but also to keep
Table of Contents
1. Question 1. .....................................................................................................................2
2. Question 2 ......................................................................................................................4
3. Question 3 ......................................................................................................................7
4. Question 4 ......................................................................................................................9
5. Question 5 .................................................................................................................... 11
6. Bibliography .................................................................................................................. 12
7. Academic Honesty Declaration ..................................................................................... 13
1. Question 1.
1.1 Explain whether Tanya should be regarded as a businessperson, like her
brother. (10)
To determine whether Tanya should be regarded as a businessperson like her brother
Calvin, we must distinguish between profession and business in legal ethics.
According to the UNISA Tutorial Letter for LJU4802 (2025), professional legal
practitioners, such as attorneys, are not merely businesspeople; they are members of
a learned profession who owe duties to the court, their clients, and society at large.
Their conduct is governed by principles of professional ethics, which prioritise justice,
integrity, and service over profit.1
Tanya, as a candidate attorney, is training to become an officer of the court. Her role
is guided by fiduciary duties and professional codes, not market-driven motives. In
contrast, Calvin, as a plumber, participates in a trade where his primary obligation is
to deliver a service to paying clients, with profit-making being a central motive. He is
thus more accurately described as a businessperson in the traditional sense.
In Law Society of the Cape of Good Hope v C2the court held that legal practice is not
a business in the commercial sense and must be distinguished from trades where
services are sold purely for profit.² Legal practitioners are held to higher ethical
standards, and their profession is regulated not only by contract but by statute and
professional bodies such as the Legal Practice Council.3
Furthermore, the Legal Practice Act 28 of 2014 emphasises that attorneys serve the
public interest and must uphold the rule of law and the administration of justice.4 This
confirms that Tanya’s role is professional rather than entrepreneurial.
1 UNISA, Tutorial Letter 501/2025: LJU4802 – Legal Philosophy and Professional Ethics 6–8
2 Law Society of the Cape of Good Hope v C 1985 (1) SA 936 (A).
3 Prokureursorde van Transvaal v Kleynhans 1995 (1) SA 839 (T).
4 Legal Practice Act 28 of 2014, ss 3 and 5.
3249-449-1 S.M. Maleka LJU4802 Professional Ethics 2025 S1 May/June Exam Page 2 of 14
