SOUTH AFRICAN LEGAL SYSTEM

The General Council of the Bar (GCB) is a voluntary and federal association representing the organized advocates’ profession in South Africa, consisting of 14 constituent member Bars. There is a Bar at the seat of every provincial and local division of the High Court of South Africa.

Membership of the GCB

To become a member of a constituent Bar of the GCB, a Bachelor of Laws degree (LLB), obtained at a South African university or equivalent degree obtained in a foreign country recognised by the SAQA, the successful completion of a one year pupillage, and admission as an advocate are required. Pupillage consists of a practical course in legal drafting and advocacy training, supplemented by lectures covering the prescribed syllabus, whilst being under the mentorship of an established member of the Bar. Upon successful completion of the practical course, pupils are required to write and pass the NBEB or Bar examination and, contingent upon pupil category, the Legal Practice Council (LPC) examination.

All members of the GCB and its constituent Bars are required to practice exclusively as referral advocates. Members of the Bar are obliged to occupy chambers and are bound by the GCB’s Uniform Rules of Ethics, the LPA Code of Conduct and the local rules of ethics of the individual constituent Bars.

Previously, the Admission of Advocates Act, 74 of 1964 (now repealed) regulated the admission and enrolment of advocates within South Africa. Presently, the legal profession in South Africa, including advocates, is regulated by the Legal Practice Act, 28 of 2014 (LPA) and governed by the Legal Practice Council established in terms of the LPA. Section 1 of the LPA defines a legal practitioner as “an advocate or attorney enrolled as such in terms of sections 24 and 30 respectively”.

The procedure to be admitted and enrolled as an advocate depends on the status of an individual at the commencement of pupillage. There are at least four categories of pupils:

Pupils who are already admitted under the repealed Admission of Advocates Act are deemed to be admitted as legal practitioners and can be enrolled as advocates in terms of the transitional provisions, specifically section 114, of the LPA. No further steps are required to be admitted as advocates. Upon successful completion of pupillage, including the NBEB examination, this category of pupils may become full members of one or more of the GCB’s constituent Bars.
Pupils who qualified, in principle, to be admitted in terms of the repealed Admission of Advocates Act as at 31 October 2018. Those pupils are entitled to be admitted as advocates in terms of section 24 and the transitional provisions, specifically section 115, of the LPA, read with section 3 of the repealed Admission of Advocates Act.
Pupils who were attorneys on 31 October 2018 or qualified, in principle, to be admitted as advocates on 31 October 2018, but who subsequently became attorneys, also qualify to be admitted as advocates in terms of the transitional provisions of the LPA. Pupils who did not qualify, in principle, to become advocates on 31 October 2018, and who were subsequently admitted as legal practitioners under the LPA, and enrolled as attorneys, must apply to the LPC to convert their enrolment to that of an advocate in terms of section 32 of the LPA, read with rule 30 of the LPC Rules.
Pupils who did not meet the requirements of section 3 of the repealed Admission of Advocates Act on 31 October 2018, and who are not attorneys. These pupils must comply with all of the operative requirements of sections 24, 26 and 29 of the LPA, including concluding a practical vocational training contract to be registered with the LPC. They will only be able to apply for admission and enrolment as an advocate at the end of pupillage and once they can demonstrate compliance with the requirements in the LPA.

Categories of Advocates

The LPA makes provision for two categories of advocates, namely referral advocates (section 34(2)(a)(i)) and Fidelity Fund advocates (section 34(2)(a)(ii)).
Referral advocates:

Members of the GCB exclusively practice as referral advocates.
Referral advocates, in their professional capacities, are prohibited from consulting and engaging directly (without an attorney) with members of the public.
Referral advocates practice exclusively on attorneys’ instructions in private practice, save for instances where instructions are received from community-based law centres or university clinics.

Fidelity Fund advocates:

Fidelity Fund advocates are permitted to accept instructions directly from a member of the public or a justice centre.
In terms of section 34(2)(b)(i) of the LPA, an advocate who wishes to practise as an advocate under this category is required to have a Fidelity Fund certificate and conduct his or her practice under the relevant provisions of chapter 7 of the LPA.

Hyperlinks

Legal Practice Act, 28 of 2014 –
Admission of Advocates Act, 74 of 1964
GCB’s Uniform Rules of Ethics
LPA Code of Conduct