LJU4802 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

LJU4802
Assignment 1 Semester 1 2025
Unique #:

Due Date: 17 March 2025



Detailed solutions, explanations, workings
and references.

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, QUESTION 1

The legislation that currently regulates the attorney’s profession in South Africa is
the Legal Practice Act 28 of 2014.1



QUESTION 2

In this case, the court applied the Attorneys Act 53 of 1979. Although the Legal
Practice Act 28 of 2014 (LPA) now fully governs the profession, the Attorneys Act
remained relevant here because the complaint against the first respondent was
lodged in November 2017, before the LPA came into full operation on 1
November 2018. The proceedings against the first respondent thus commenced
under the old legislation, and the Attorneys Act 53 of 1979 still applied. 2




QUESTION 3



3.1. The applicant in this case is the Legal Practice Council (KwaZulu-Natal
Provincial Office).3

3.2. The applicant sought an order that the first respondent be struck off the roll
of legal practitioners. In the alternative, the applicant also sought an order
suspending the first respondent from practice, depending on the court’s finding as
to whether he was a fit and proper person to continue practising.4



QUESTION 4



1
Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank
Limited CASE NO. 2788/2019P, Para 1 (hereinafter referred to as Legal Practice Council v Peter)
2
Legal Practice Council v Peter, para 2-4
3
Citation from the case heading.
4
Legal Practice Council v Peter, para 1 (Para 1 of the judgment, where it is stated that the applicant seeks
“inter alia, an order that the first respondent be struck off the roll of legal practitioners.”)




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