LJU4802 Professional Ethics
Assignment 01 Semester 01 2025
, Question 1
The Legal Practice Act 28 of 2014 is the primary legislation that currently governs the
legal profession in South Africa. It came into full operation on 1 November 2018 and
replaced the previous Attorneys Act 53 of 1979 (Legal Practice Council v Naicker, para
2).
Question 2
In this particular case, the Attorneys Act 53 of 1979 was the legislation applied. This
was because, although the Legal Practice Act had already come into effect by the time
the case was being heard, the complaint against Mr. Naicker was lodged in November
2017 and legal proceedings commenced on 26 October 2018. At that time, the
Attorneys Act was still applicable (para 3).
The specific provision applied was section 22(1)(d), which allows the court to strike off
or suspend an attorney if they are found not to be a fit and proper person to continue
practicing (para 3). Given the nature of Mr. Naicker’s misconduct, which involved
misappropriating trust funds, this provision was directly relevant.
Question 3
The applicant in this case was the Legal Practice Council (KwaZulu-Natal Provincial
Office) (para 1).
The applicant sought an order for Mr. Naicker to be struck off the roll of legal
practitioners due to his financial misconduct and ethical breaches (para 1).
Question 4
Assignment 01 Semester 01 2025
, Question 1
The Legal Practice Act 28 of 2014 is the primary legislation that currently governs the
legal profession in South Africa. It came into full operation on 1 November 2018 and
replaced the previous Attorneys Act 53 of 1979 (Legal Practice Council v Naicker, para
2).
Question 2
In this particular case, the Attorneys Act 53 of 1979 was the legislation applied. This
was because, although the Legal Practice Act had already come into effect by the time
the case was being heard, the complaint against Mr. Naicker was lodged in November
2017 and legal proceedings commenced on 26 October 2018. At that time, the
Attorneys Act was still applicable (para 3).
The specific provision applied was section 22(1)(d), which allows the court to strike off
or suspend an attorney if they are found not to be a fit and proper person to continue
practicing (para 3). Given the nature of Mr. Naicker’s misconduct, which involved
misappropriating trust funds, this provision was directly relevant.
Question 3
The applicant in this case was the Legal Practice Council (KwaZulu-Natal Provincial
Office) (para 1).
The applicant sought an order for Mr. Naicker to be struck off the roll of legal
practitioners due to his financial misconduct and ethical breaches (para 1).
Question 4
