LJU4802
Assignment 1 Semester 2 2025
Unique #
Due Date: 10 September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
QUESTION 3
Explain why an attorney must have a Fidelity Fund certificate and practise with
a trust banking account.
An attorney who receives or holds money or property on behalf of clients is required
by law to keep such funds separate from personal or office funds, in a designated
trust banking account. The purpose is to protect the public by ensuring that client
funds are not misappropriated or lost. Attorneys may only practise if they hold a valid
Fidelity Fund certificate, which serves as a guarantee that the Legal Practitioners’
Fidelity Fund will reimburse clients for financial losses suffered due to theft of money
entrusted to an attorney. This requirement safeguards the integrity of the profession
and maintains public trust.
QUESTION 4
With reference to case law, describe the three-stage enquiry that a court
applies to determine whether a person is fit and proper to practise as an
attorney.
The court follows a three-stage enquiry:
Varsity Cube 2025 +27 81 278 3372
Assignment 1 Semester 2 2025
Unique #
Due Date: 10 September 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
Who brought the application that the respondent be struck off the roll?
The application was brought by the Legal Practice Council (LPC).
QUESTION 2
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
The profession is regulated by the Legal Practice Act 28 of 2014.
QUESTION 3
Explain why an attorney must have a Fidelity Fund certificate and practise with
a trust banking account.
An attorney who receives or holds money or property on behalf of clients is required
by law to keep such funds separate from personal or office funds, in a designated
trust banking account. The purpose is to protect the public by ensuring that client
funds are not misappropriated or lost. Attorneys may only practise if they hold a valid
Fidelity Fund certificate, which serves as a guarantee that the Legal Practitioners’
Fidelity Fund will reimburse clients for financial losses suffered due to theft of money
entrusted to an attorney. This requirement safeguards the integrity of the profession
and maintains public trust.
QUESTION 4
With reference to case law, describe the three-stage enquiry that a court
applies to determine whether a person is fit and proper to practise as an
attorney.
The court follows a three-stage enquiry:
Varsity Cube 2025 +27 81 278 3372
