, LJU4802 Assignment 1 (COMPLETE ANSWERS) Semester
2 2026 - DUE 28 August 2026; 100% Correct solutions and
explanations.
Question 1
In Jasat v Natal Law Society 2000 (3) SA 44 (SCA), the Supreme Court of
Appeal confirmed that when deciding whether an attorney is a fit and proper
person to continue practising, a court must conduct a three-stage enquiry. This
approach has become the accepted legal test in South African law and is applied in
disciplinary proceedings involving legal practitioners. The purpose of the enquiry
is not to punish the attorney for misconduct but to protect the public, preserve
confidence in the legal profession, and uphold the proper administration of justice.¹
1. First stage: Determining whether the alleged misconduct has been
established
The first stage requires the court to determine whether the alleged misconduct
has been proved on the evidence before it. This is a factual enquiry in which the
court considers all the admissible evidence and decides, on a balance of
probabilities, whether the attorney committed the acts complained of.²
At this stage, the court does not yet consider the appropriate sanction. Instead, it
focuses exclusively on whether the factual allegations are true. The Law Society
(or Legal Practice Council under the current legal framework) bears the burden of
proving that the attorney acted contrary to the standards expected of members of
the legal profession. Evidence may include documents, witness testimony,
admissions by the attorney, trust account records, or findings from disciplinary
investigations.
Examples of misconduct that may satisfy this first stage include:
• Misappropriation of trust money;
• Dishonesty or fraud;
• Misleading clients or the courts;
• Forgery or falsification of documents;
• Failure to comply with professional rules; and
• Conduct that brings the legal profession into disrepute.
2 2026 - DUE 28 August 2026; 100% Correct solutions and
explanations.
Question 1
In Jasat v Natal Law Society 2000 (3) SA 44 (SCA), the Supreme Court of
Appeal confirmed that when deciding whether an attorney is a fit and proper
person to continue practising, a court must conduct a three-stage enquiry. This
approach has become the accepted legal test in South African law and is applied in
disciplinary proceedings involving legal practitioners. The purpose of the enquiry
is not to punish the attorney for misconduct but to protect the public, preserve
confidence in the legal profession, and uphold the proper administration of justice.¹
1. First stage: Determining whether the alleged misconduct has been
established
The first stage requires the court to determine whether the alleged misconduct
has been proved on the evidence before it. This is a factual enquiry in which the
court considers all the admissible evidence and decides, on a balance of
probabilities, whether the attorney committed the acts complained of.²
At this stage, the court does not yet consider the appropriate sanction. Instead, it
focuses exclusively on whether the factual allegations are true. The Law Society
(or Legal Practice Council under the current legal framework) bears the burden of
proving that the attorney acted contrary to the standards expected of members of
the legal profession. Evidence may include documents, witness testimony,
admissions by the attorney, trust account records, or findings from disciplinary
investigations.
Examples of misconduct that may satisfy this first stage include:
• Misappropriation of trust money;
• Dishonesty or fraud;
• Misleading clients or the courts;
• Forgery or falsification of documents;
• Failure to comply with professional rules; and
• Conduct that brings the legal profession into disrepute.
