LJU4802 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 (733857) -
DUE 10 September 2025
For assistance contact
Email:
, Question 1
The South African Legal Practice Council (LPC) brought the application for the respondent,
Deon Jakobus Beukman, to be struck off the roll.
Question 2
The legislation that currently regulates the attorney's profession in South Africa is the Legal
Practice Act 28 of 2014 (LPA).
Question 3
An attorney must have a Fidelity Fund certificate and practice with a trust banking account to
protect the public. The Legal Practitioners' Fidelity Fund (LPFF) provides compensation to
clients who suffer financial loss due to the dishonesty of a legal practitioner. The Fidelity Fund
certificate confirms that the attorney is entitled to operate a trust account, through which they
hold and manage client funds separate from their own business funds. This system ensures that
client money is protected and available when needed, preventing its misappropriation and
safeguarding the public from financial harm.
Question 4
With reference to case law, a court applies a three-stage enquiry to determine if a person is "fit
and proper" to practice as an attorney. This enquiry, established in cases like Malan and
another v The Law Society, Northern Provinces, involves:
1. Factual Enquiry: The court first determines whether the alleged misconduct or
offending conduct has been established on a preponderance of probabilities. This is a
purely factual assessment of the evidence.
2. Value Judgement: The court then considers whether the person, in the discretion of the
court, is not a "fit and proper" person to continue practicing. This stage involves
weighing the complained-of conduct against the high standards expected of an attorney.
It's a value judgement that considers the gravity of the misconduct.
3. Discretionary Enquiry: Finally, the court decides on the appropriate sanction. This is a
matter of discretion, and the court must determine whether the person should be removed
from the roll of attorneys or whether a suspension would suffice. The primary
consideration at this stage is the protection of the public, not simply imposing a penalty
on the legal practitioner.
Question 5
(COMPLETE ANSWERS)
Semester 2 2025 (733857) -
DUE 10 September 2025
For assistance contact
Email:
, Question 1
The South African Legal Practice Council (LPC) brought the application for the respondent,
Deon Jakobus Beukman, to be struck off the roll.
Question 2
The legislation that currently regulates the attorney's profession in South Africa is the Legal
Practice Act 28 of 2014 (LPA).
Question 3
An attorney must have a Fidelity Fund certificate and practice with a trust banking account to
protect the public. The Legal Practitioners' Fidelity Fund (LPFF) provides compensation to
clients who suffer financial loss due to the dishonesty of a legal practitioner. The Fidelity Fund
certificate confirms that the attorney is entitled to operate a trust account, through which they
hold and manage client funds separate from their own business funds. This system ensures that
client money is protected and available when needed, preventing its misappropriation and
safeguarding the public from financial harm.
Question 4
With reference to case law, a court applies a three-stage enquiry to determine if a person is "fit
and proper" to practice as an attorney. This enquiry, established in cases like Malan and
another v The Law Society, Northern Provinces, involves:
1. Factual Enquiry: The court first determines whether the alleged misconduct or
offending conduct has been established on a preponderance of probabilities. This is a
purely factual assessment of the evidence.
2. Value Judgement: The court then considers whether the person, in the discretion of the
court, is not a "fit and proper" person to continue practicing. This stage involves
weighing the complained-of conduct against the high standards expected of an attorney.
It's a value judgement that considers the gravity of the misconduct.
3. Discretionary Enquiry: Finally, the court decides on the appropriate sanction. This is a
matter of discretion, and the court must determine whether the person should be removed
from the roll of attorneys or whether a suspension would suffice. The primary
consideration at this stage is the protection of the public, not simply imposing a penalty
on the legal practitioner.
Question 5
