LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2025 UNISA – DUE DATE: - 17 MARCH 2025 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2025 UNISA – DUE DATE: - 17 MARCH 2025 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Questions Read Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below. Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (1) Question 2 Cite the legislation that was applied in this case and explain why it was applicable. (3) Question 3 3.1 Name the applicant in this case. (1) 3.2 What order is the applicant seeking in this case? (1) Question 4 Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3) Question 5 Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2) Question 6 With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5) Question 7 Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6) Question 8 8.1 What was the sanction that the court imposed in this case? (2) 8.2 Explain the court’s reasoning in reaching the above decision. (4)