LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 - UNISA - DUE : 30 MARCH 2024 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)

LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2024 - UNISA - DUE : 30 MARCH 2024 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED) Read The Legal Practice Council of South Africa v Mantjitji Jacob Mamabolo Case number 59026/2019 and answer the questions here below. QUESTIONS: Question 1 1.1 Name the applicant in the Mamabolo-case. (1) 1.2 With reference to applicable legislation, describe the purpose of the applicant identified in 1.1. (3) Question 2 2.1 Cite the legislation that currently regulates the attorney’s profession. (1) 2.2 In the Mamabolo-case the court determined that certain of the respondent’s actions contravened the “Code of Conduct” . Explain what a professional code of legal ethics is and name any three general aims of such a code. (5) Question 3 3.1 Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) 3.2 Why did the court in the Mamabolo-case regard the respondent’s conduct in practising without a Fidelity Fund certificate as a serious transgression? (2) Question 4 4.1 Explain the following statement, with reference to applicable legislation: “Membership of the legal profession is subject to extensive character screening.” (4) 4.2 With reference to case law, describe the three-stage enquiry that courts apply to determine whether a person is fit and proper to continue to practise as an attorney. (5) 4.3 Which qualities should members of the legal profession exhibit, according to the court in the Mamabolo-case? (3) Question 5 What was the sanction that the court imposed in the Mamabolo-case? (1) Total: 28 + 2 = [30]