Guide to admission application
A complete guide to an admission application for candidate attorneys. We have formulated a useful 5 step guide and checklist for candidate attorneys to prepare and draft an admission application to be admitted as an attorney in the High Court of South Africa which briefly consists of the following steps:
Step 1 – Familiarizing yourself with the statutory requirements.
Step 2 – Obtain all relevant documents for your application.
Step 3 – Draft your admission application
Step 4 – Issue and serve
Step 5 – Hearing stage
After years of study, hard work, sweat and tears, the time have finally arrived to draft your admission application to be admitted as an attorney of the High Court of South Africa. This is an exciting time for every candidate attorney because the end is in sight. Naturally, this time is also met with a feeling of great uncertainty and stress. To some, it may seem like a dauting or yet difficult task to draft an admission application because not everyone knows exactly where to start as this will be the first application of the sort you will draft. A thought may be in the back of your mind that your application must proceed like a well-oiled machine because some of your family and friends may also be present in Court sitting in the gallery bursting with joy and pride where your only goal is to be admitted as an attorney.
Drafting your application for admission may seem difficult at first but it is an overwhelmingly pleasant process when it is done right and drafted in accordance with the necessary legislation. It does not matter how may matters you have worked on in the past because this is the one application you will always remember for the rest of your life.
It is common practice for a candidate attorney to draft his or her own application for admission but in most instances, this will be the first time that a candidate attorney will be drafting an application without the assistance or oversight that they are used to receive. The application for admission requires that the candidate attorney takes the Court into his or her confidence through transparency and full disclosure of all the required information. A key element of any application for admission is to ensure that the papers are drafted without any errors. If there are any errors in the papers, it usually can be cured through supplementing the papers but as the saying goes, it is better to measure twice and cut once to be able to apply for a date as soon as possible without the necessity to cure errors through supplementing the papers.
When the application is being considered by the High Court, the Court will need to be satisfied that all the information required by the Legal Practice Council and the Court are adequately dealt with in the papers. The requirements include the requirements as outlined in Sections 24 and 26 of the Legal Practice Act. In the Gauteng Division, an addition requirement is to comply with the relevant Practice Directives. The Consolidated Practice Directive 1 of 2024 requires that the attorney for the applicant file an affidavit confirming that he or she has examined the original application such as the Notice of motion, Founding affidavit and all annexures confirming that the documents appear to be authentic.
STEP 1 – FAMILIARIZING YOURSELF WITH THE STATUTORY REQUIREMENTS FOR ADMISSION:
Legislation
It is crucial to familiarize yourself with the legislation, rules, regulations and code of conduct that regulates the legal profession. You are required to have a working knowledge thereof not only for your admission as an attorney, but also for future reference as you will definitely be using it from time to time and to evaluate whether you are constantly complying with all the requirements thereof. It is important to familiarize yourself with the following:
1. Legal Practice Act, 28of 2014.
2. The South African Legal Practice Council Rules (Rules).
3. Legal Practice Act Regulations.
4. Code of Conduct for all Legal Practitioners, Candidate Legal Practitioners and Juristic Entities (Code of Conduct).
5. Uniform Rules of Court.
6. Relevant case law.
STEP 2 – OBTAIN ALL RELEVANT DOCUMENTS FOR YOUR ADMISSION APPLICATION:
Required documents:
It is advisable to ensure that you have the following documents at hand before you start drafting your application:
| 1. | Identity document or Identity card. |
| 2. | Proof of residential address or an affidavit confirming your residential address. |
| 3. | Marriage certificate (if applicable). |
| 4. | National Senior Certificate. |
| 5. | Degree certificate. |
| 6. | Practical Vocational Training Contract. |
| 7. | Registration letter of your Practical Vocational Training Contract. |
| 8. | Letter of confirmation from the Legal Practice Council confirming your Practical Vocational Training Contract registration. |
| 9. | Cession agreement (if applicable). |
| 10. | Letter of confirmation from the Legal Practice Council confirming the cession of your Practical Vocational Training Contract registration (if applicable). |
| 11. | Attendance report from Legal Education & Development (L.E.A.D). |
| 12. | Director report. |
| 13. | Police Clearance Certificate. |
| 14. | Completed application for enrolment form (Rule 17 of the LPC Rules / Section 30(1) of the Act). |
| 15. | Proof of payment of the prescribed fee for the application for enrolment (Rule 2 & Rule 17.9 of the LPC Rules). |
| 16. | Competency based examination/assessment report from the Legal Practice Council (issued by the Legal Practice Council during the inspection period of your application). |
STEP 3 – DRAFT YOUR ADMISSION APPLICATION:
Notice of Motion:
Ensure the following items are correctly reflected and discussed in your Notice of motion:
| 1. | Use the correct form for your Notice of motion such as Form 2 of the First Schedule. |
| 2. | Correct citation of the Court you are issuing your application. |
| 3. | Your full names as per your Identity document or Identity card (Rule 17.2.2 of the LPC Rules). |
| Apply for admission and enrolment (Section 24(2)(d), 26, 30(1)(a), 30(b)(iii) and 95(1)(k) & (t) of the Act). | |
| 4. | The correct prayers and relief are sought. |
| 5. | The attorney of record is required to sign the Notice of motion. |
| 6. | Formally appoint a correspondent attorney with an address within 25 kilometers of the office of the Registrar with an e-mail address, postal or facsimile address (Rule 6(5)(b)(i) & 6(5)(b)(ii) of the Uniform Rules of Court). |
Founding affidavit:
You will be required to deal with the following statutory averments in your Founding affidavit:
| 1. | Jurisdiction of the Court you are launching your application (Rule 17.2.1 of the LPC Rules). |
| 2. | Full names, date of birth, Identity number and residential address (Rule 17.2.2 of the LPC Rules). |
| 3. | Confirmation of your South African citizenship or permanent residency status within the Republic of South Africa (Rule 17.2.3 of the LPC Rules). |
| 4. | Confirmation that you satisfied the minimum requirements for the qualification and practical vocational training (Rule 17.2.4 of the LPC Rules / Section 26(1) of the Act). |
| 5. | Statement whether you intend to be enrolled and practice as an attorney or advocate (Rule 17.2.5 of the LPC Rules). |
| 6. | Physical address of the main office and every branch office and full contact details (Rule 17.2.6 of the LPC Rules). |
| 7. | Type of practice in the case of an attorney (Rule 17.2.7 of the LPC Rules). |
| 8. | The name under which firm you are going to conduct practice (Rule 17.2.8 of the LPC Rules). |
| 9. | Confirmation of no pecuniary interest; or Confirmation of written approval from the Legal Practice Council of any pecuniary interest (Rule 17.2.9 & 22.1.5.1 of the LPC Rules). |
| 10. | Confirmation of satisfying all practical vocational training requirements (Rule 17.2.10 of the LPC Rules / Section 26(1)(c) of the Act). |
| 11. | Confirmation of passing the competency-based examinations and attendance (Rule 17.2.11, 21.1 & 21.3 of the LPC Rules / Section 26(1)(d) of the Act).(Issued by the Legal Practice Council during the inspection period of your application. Insert a blank page as an annexure until such time it has been issued by the Legal Practice Council). |
| 12. | Confirmation that you complied with all requirements for community service (if applicable) or proof that you were exempted from performing community service (Rule 17.2.12 of the LPC Rules / Section 26(1)(c)(i) & 29 of the Act). |
| 13. | Time lapse of more than one year since the date of completion of the practical vocational training contract and the date of your application together with a statement of activities during that period (Rule 17.2.13 of the LPC Rules). |
| 14. | Confirmation of a fit and proper person to be admitted which also deals with any previous criminal convictions, previous disciplinary proceedings and whether your estate have been sequestrated and the status of rehabilitation (Rule 17.2.14 of the LPC Rules). |
| 15. | Confirmation that all original attachments to the founding affidavit will be made available to the Court on the date of the hearing (Rule 17.2.15 of the LPC Rules). |
| 16. | Confirmation of service under a practical vocational training contract by disclosing all relevant details related thereto (Rule 17.3.1 of the LPC Rules). |
| 17. | Confirmation that your principal was entitled to enter into the contract of practical vocational training by disclosing all relevant details related thereto (Rule 17.3.2 of the LPC Rules / Regulation 6(5), (6) & (8) of the Regulations). |
| 18. | Confirmation that service under the contract of practical vocational training was performed under direct supervision (Rule 17.3.3 & 22.1.3 of the LPC Rules). |
| 19. | Confirmation that you were not absent for more than 30 business days during any one-year period of service (Rule 17.3.4 & 22.1.4 of the LPC Rules). |
| 20. | Confirmation of the exact dates served under the practical vocational training contract (Rule 17.3.5 of the LPC Rules). |
| 21. | Statement of the type of legal experience gained by disclosing all relevant details related thereto (Rule 17.3.6 of the LPC Rules). |
| 22. | Confirmation that all Practical Vocational Training requirements were met (Regulation 6(1)(a) & (b)). |
Supporting affidavit of your principal:
Your principal will be required to deal with the following statutory averments in his supporting affidavit:
| 1. | Confirmation of the exact dates of your practical vocational training contract and all relevant details related thereto (Rule 17.4.1 of the LPC Rules). |
| 2. | Statement that your principal practice for his or her own account, partner or member of a professional company continuously for three years in the preceding four years (Rule 17.4.2.1.1 of the LPC Rules). |
| 3. | Has practiced as a professional assistant in a firm for five years within the preceding six years (if applicable) (Rule 17.4.2.1.2 of the LPC Rules). |
| 4. | Has practiced as a professional assistant in a firm for a period of two years in the preceding five years (if applicable) (Rule 17.4.2.1.3 of the LPC Rules). |
| 5. | Confirmation that your principal continued to practice in terms of Regulation 6(5) during the period of the practical vocational training contract (Rule 17.4.3 of the LPC Rules). |
| 6. | Confirmation that your principal was entitled to retain a candidate attorney under a practical vocational training contract (Regulation 6(5)). |
| 7. | Confirmation that your principal is on the roll of practicing attorneys held by the Legal Practice Council (Rule 6(7) read with Rule 6(5) of the LPC Rules). |
| 8. | Confirmation that the statutory limit of the number of candidate attorneys registered with a practical vocational training contract under the principal was not exceeded during the course of your practical vocational training contract (Rule 17.4.4 of the LPC Rules / Regulation 6(8)). |
| 9. | Confirmation that the principal is of the view that the applicant is a fit and proper person (Rule 17.4.5 of the LPC Rules). |
STEP 4 – ISSUE AND SERVE YOUR APPLICATION FOR ADMISSION:
Once your application has been drafted, finalized and printed the following will be required:
| 1. | Ensure that all the annexures are properly marked as annexures. |
| 2. | Certify all the annexures of your application. |
| 3. | Depose to and sign the founding affidavit in front of a commissioner of oaths. Ensure that you and the commissioner of oaths initial each page of the founding affidavit as well as the annexures. |
| 4. | Your principal should confirm the contents of your founding affidavit and depose to his or her supporting affidavit. |
| 5. | Draft a draft order in duplicate. |
| 6. | Draft a blank Notice of set down. |
| 7. | Issue your Notice of motion at Court. |
| 8. | Index and paginate your application. Have regard to the relevant Practice Directive in your division to ensure your bundle does not exceed the number of pages per volume (if applicable). |
| 9. | Serve the original application together with two copies on the Legal Practice Council to lie for inspection of not less than one month (Rule 17.7 of the LPC Rules). |
| 10. | The Legal Practice Council communicate with you in due course regarding your application where they will either provide you with a query sheet to address possible issues in respect of your application or they will provide you with a letter of no objection. |
| 11. | Apply for a hearing date in accordance with the relevant Practice Directives in your division. |
| 12. | Serve a Notice of set down on the Legal Practice Council once a date have been allocated. |
| 13. | Secure council to oversee your application and provide counsel with a complete brief of your application. |
| 14. | Arrange a consultation with counsel before the hearing date and ensure counsel have sight of the original documents including your original degree certificate. |
| 15. | When Court roll is finalized, make sure that your application is on the roll and make sure that you comply with any directives of the presiding judicial officers. |
STEP 5 – HEARING STAGE:
Once you are at the hearing stage, it means that all of the hard work have been done already and you can almost see the end in sight.
| 1. | Attend Court with necessary documents and original documents (where applicable). |
| 2. | Find a seat in the gallery with your friends and family and try to relax while you wait for your matter to be called. A good counsel who is worth his or her salt will to take all pressure off from you as all the hard work have been done for your big day. |
| 3. | If your application has been granted, ensure that you obtain a copy of the original Court order in due course. |
| 4. | Apply for an Identity Card from the Legal Practice Council in due course. |
CONTACT US TO DRAFT YOUR ADMISSION APPLICATION
If you are still unsure about the dauting process, you are welcome to contact Smith Incorporated for assistance with drafting your application for admission on your behalf.
Disclaimer:
The information contained in this article is a general guideline on the minimum procedures to follow to be admitted as an attorney in the High Court of South Africa. The minimum procedures are non-exhaustive and additional procedures and requirements may be required in terms of the relevant legislation, regulations and the Practice Directives of the various divisions of the High Court in South Africa. We attempt to provide accurate and up to date information but we cannot guarantee that the information contained herein is completely correct. It is recommended that you consult the relevant legislation and Practice Directives of the specific division of the High Court where you intend to launch your application for admission and to consult with an attorney for legal advice specifically to the circumstances surrounding the facts of your application for admission.