Two law graduates whose dream it is to become attorneys challenged parts of the Legal Practice Act, which prevent BProc graduates from being admitted as attorneys.
TWO law graduates whose dream it is to become attorneys have challenged parts of the Legal Practice Act, which prevent BProc graduates from being admitted as attorneys.
In May 2019, Gabaikangwe Thendele and Zwelibanzi Thendele successfully applied to law firms to begin practical vocational training (previously known as “articles of clerkship”) on their journey to becoming admitted attorneys.
However, when they tried to register their contracts with the Legal Practice Council, they were informed they did not qualify for registration.
The Legal Practice Act, which governs the legal profession, now requires all candidate legal practitioners to hold an LLB degree and not a BProc degree. Devastated by this news, the two approached the Centre for Applied Legal Studies for assistance.
The BProc degree was a four-year undergraduate degree specifically designed for those who sought to practice as attorneys. The BProc was perceived as “inferior” to the LLB degree, since the LLB was originally offered as a postgraduate qualification at historically white institutions.
Economic disparities and racist apartheid education policies meant that the LLB degree was closed to most aspirant black lawyers, who instead completed BProc degrees.
The BProc has subsequently been phased out of the South African education system, but in the early 2000s 1 177 people graduated with a BProc degree and may still wish to become attorneys.
The preamble of the Legal Practice Act sets out its purpose is to provide a framework for transforming the legal profession, and ensuring the profession reflects the diversity and demographics of the country.
Yet, this stated purpose is in conflict with section 26(1) which specifies that a person may only be admitted and enrolled as a legal practitioner if they have met all the requirements for an LLB degree.
It was argued on behalf of the two aspirant attorneys this discriminates against those who, like them, completed a BProc and seek to fulfil their lifelong ambition to become attorneys.
The centre earlier engaged with the Legal Practice Council, and the minister of justice on behalf of the two applicants.
The centre said they received a positive response from the minister who recognised this as being discriminatory and undertook to amend the Act to allow qualifying BProc graduates to be admitted as attorneys.
However, the Legal Practice Council has maintained its position that it is bound by the Act as it stands, and the matter would have to be determined by a court.
“We are in a situation where the Legal Practice Act is perpetuating the very prejudice it seeks to erase,” Thandeka Kathi, attorney at the centre said.
The centre asked the court to declare this unconstitutional and invalid to the extent that the Act excluded BProc graduates and limits entry to the profession.
The Gauteng High Court, Pretoria, reserved judgment.
Pretoria News
