Unit summary
CourseBook: Paralegal Practice in South Africa
Unit: 1. Careers in the legal profession
Name: Phemelo Molemane
Date: 14 May 2025
Careers in the Legal profession
Transformation of the legal profession
Pre- Constitutional era and the legal profession
women and the legal profession ( women legal practioners Act 7 of 1923)
The dawn of constitutional democracy
post - democractic growth and regulation of the legal profeesion
The Legal Pratice act 28 0f 2014 (LPA)
The Attorneys Act 53 of 1979 and the Admission of Advocates Act 74 of 1964.
Two regulatory bodies that oversaw the conduct of attorneys and advocates respectively : law
society of south africa (LLSA) and the General Council of the Bar of south african (GCB)
The two pieces of legislation and regulatory bodies resulted in a disjointed and fragmented
legal profession thus creating a division between the two categories of legal practioners
(advocates and attorneys)
The lpa was enacted , there was a rule that did not allow advocates to accept briefs directly
from the public without the intervetion of an attorney( this meant that advocates did not have
access to clients and could only provide legal services to clients if the client was referred by
an attorney)
The referral rule became the source of much diagreement
legal practice act was established in 2014 , signalling a siginficant step toward unifying and
transforming the legal profession and came into effect in 2018
Cape Bar v Minister of Justice and Correctional services 2020(6) SA 165 (WCC)
The entactment of the lpa has intorduced radical change in the south african legal landscape
(wessels,2021:84)
The act was drafted with an understanding of the impact of the legacy of colonialism and
apartheid on the legal profession
LPA's primary goal is to advance transformation so that the legal profession can be reflective
of the demograhics of the country.
The PUBLIC SERVICE legal professions
Page 1
, Presiding officers
judges and magisrates
judge's clerks
additional courts
tribunals
labour disputes
private arbitration
other forums
Presiding officers
a person appointed to preside over a legal process , who is empowered and authorised to
manage the process in accordance with the law and determine the outcome of the process
Their role is to ,in a fair , unbaised and impartial manner , determine the outcome of the
matter essentially deciding the winner and the loser
Presiding officers can also be found in other forums and tribunals
Public Prosecutors and defenders
The south african police service (SAPS) as the law enforcement branch of government ,
carriers out this task by investigating and arresting criminal suspects
The prosecutor aims to convict the suspect of the crime (s) which he or she is charged:
Prosecutors accordance with Criminal Procedure Act 51 0f 1977
public defenders
legal aid south africa ( legal aid south africa act 39 of 2014)
Public Interest Roles
A public interest role may be described as a position within these institutions that assist the
institutions in their efforts to uphold the public interest
they are still considered to be legal institutions that carry out with the constitution (chapter 9
institutuions)
The legal nature of these institutions means that there are opportunities for paralegals to
work within them
chapter 9 institutions : The public protector , SAHRC, The commission for the promotion and
protection of the right of cultural , religous and linguistic communities, the commission for
gender equality , the auditor general and the electoral commission
Court Adminstrative Roles
Not all officals that work within the courts (reffered as officers of the court) are legal
practioners and it is not required that all postions available be occupied by persons of legal
qualifications:
court manager,clerks of the district court , Registrars of the regional magistrates
Page 2
CourseBook: Paralegal Practice in South Africa
Unit: 1. Careers in the legal profession
Name: Phemelo Molemane
Date: 14 May 2025
Careers in the Legal profession
Transformation of the legal profession
Pre- Constitutional era and the legal profession
women and the legal profession ( women legal practioners Act 7 of 1923)
The dawn of constitutional democracy
post - democractic growth and regulation of the legal profeesion
The Legal Pratice act 28 0f 2014 (LPA)
The Attorneys Act 53 of 1979 and the Admission of Advocates Act 74 of 1964.
Two regulatory bodies that oversaw the conduct of attorneys and advocates respectively : law
society of south africa (LLSA) and the General Council of the Bar of south african (GCB)
The two pieces of legislation and regulatory bodies resulted in a disjointed and fragmented
legal profession thus creating a division between the two categories of legal practioners
(advocates and attorneys)
The lpa was enacted , there was a rule that did not allow advocates to accept briefs directly
from the public without the intervetion of an attorney( this meant that advocates did not have
access to clients and could only provide legal services to clients if the client was referred by
an attorney)
The referral rule became the source of much diagreement
legal practice act was established in 2014 , signalling a siginficant step toward unifying and
transforming the legal profession and came into effect in 2018
Cape Bar v Minister of Justice and Correctional services 2020(6) SA 165 (WCC)
The entactment of the lpa has intorduced radical change in the south african legal landscape
(wessels,2021:84)
The act was drafted with an understanding of the impact of the legacy of colonialism and
apartheid on the legal profession
LPA's primary goal is to advance transformation so that the legal profession can be reflective
of the demograhics of the country.
The PUBLIC SERVICE legal professions
Page 1
, Presiding officers
judges and magisrates
judge's clerks
additional courts
tribunals
labour disputes
private arbitration
other forums
Presiding officers
a person appointed to preside over a legal process , who is empowered and authorised to
manage the process in accordance with the law and determine the outcome of the process
Their role is to ,in a fair , unbaised and impartial manner , determine the outcome of the
matter essentially deciding the winner and the loser
Presiding officers can also be found in other forums and tribunals
Public Prosecutors and defenders
The south african police service (SAPS) as the law enforcement branch of government ,
carriers out this task by investigating and arresting criminal suspects
The prosecutor aims to convict the suspect of the crime (s) which he or she is charged:
Prosecutors accordance with Criminal Procedure Act 51 0f 1977
public defenders
legal aid south africa ( legal aid south africa act 39 of 2014)
Public Interest Roles
A public interest role may be described as a position within these institutions that assist the
institutions in their efforts to uphold the public interest
they are still considered to be legal institutions that carry out with the constitution (chapter 9
institutuions)
The legal nature of these institutions means that there are opportunities for paralegals to
work within them
chapter 9 institutions : The public protector , SAHRC, The commission for the promotion and
protection of the right of cultural , religous and linguistic communities, the commission for
gender equality , the auditor general and the electoral commission
Court Adminstrative Roles
Not all officals that work within the courts (reffered as officers of the court) are legal
practioners and it is not required that all postions available be occupied by persons of legal
qualifications:
court manager,clerks of the district court , Registrars of the regional magistrates
Page 2
