LJU4802 Assignment 1 Semester 2 ||(ANSWERS AND GUIDELINES)| Due Date 28 August 2026

, LJU4802 ASSIGNMENT 1 SEMESTER 2 2026

DUE DATE: 28 AUGUST 2026




Question 1


In Jasat v Natal Law Society 2000 (3) SA 44 (SCA), the court identified a three-stage

enquiry for determining whether a person is fit and proper to practise as an attorney.

The three stages are as follows:


1. First stage – Establishment of misconduct:
The first stage is to determine whether the alleged misconduct by the attorney has been

established. The court considers the evidence before it and must be satisfied, on a

balance of probabilities, that the attorney committed the conduct complained of. This is

primarily a factual enquiry because the court must first establish whether the

misconduct actually occurred before considering the attorney’s fitness to practise.1


2. Second stage – Fitness to practise:
Once the misconduct has been established, the court must determine whether the

attorney is a fit and proper person to continue practising. This is a separate enquiry from

determining whether misconduct occurred. The court makes a value judgment based on

the nature and seriousness of the misconduct and considers whether the attorney’s

conduct demonstrates that he or she lacks the character, integrity or reliability required

of a legal practitioner.2


3. Third stage – Appropriate sanction:
If the court finds that the attorney is not fit and proper to practise, it must then

determine the appropriate sanction. The court must decide whether the attorney should

1
Jasat v Natal Law Society 2000 (3) SA 44 (SCA) 51C–D.
2
Jasat v Natal Law Society 2000 (3) SA 44 (SCA) 51D–F.