Admission of advocates in terms of section 115 of the LPA
In terms of a directive received from the Legal Practice Council (“the LPC”) dated 29 April 2019, applications for admission as an advocate in terms of section 115 of the Legal Practice Act 28 of 2014 (“the LPA”) must be considered by the Cape Bar Council (“the CBC”).
Section 115 of the LPA applies to persons who are entitled to be admitted as advocates prior to 1 November 2018.
Any applications for admission as an advocate which are not brought in terms of section 115 of the LPA will not be considered by the CBC, but by the LPC, and must therefore be filed with the LPC.
Applicants who are currently admitted as attorneys and who wish to bring applications to be enrolled as advocates should contact the LPC for any enquiries, as the Cape Bar will not be dealing with those applications.
- 1. Applications are to be issued and filed at least 6 (clear) weeks before the date of the application;
- 2. An original (for the Court) and 3 copies must be issued (one each for the applicant, the LPC and the CBC) at the Western Cape High Court.
- 3. Serve the application as follows:
- 3.1. Have all copies stamped by the LPC and file one copy with the LPC.
- 3.2. The LPC will then go through the application to see if it meets the requirements of section 115 of the LPA; if it does, the LPC will accept the application and you must pay the required fee (R460) to the LPC which will issue a receipt.
- 3.3. Serve the remainder of the copies on the CBC, together with proof of payment. We will not accept applications if you do not have proof of payment from the LPC.
- 3.4. You must then go back to the LPC to provide them with a copy containing proof that the application was served on the CBC.
- 4. Then go back to court to place the original application in the court file.
- 5. The last copy is the applicant’s copy.
The CBC recommends that you engage the services of an attorney to assist you.
- 6. When you serve a copy on the CBC, you will be provided with information relating to reference checks. These are:
- 6.1. a fingerprint/name clearance, to be done at a South African Police Services station, the original of which is to be submitted to the CBC; and
- 6.2. a LexisNexis reference check form, which must be completed and submitted to the CBC.
- 7. The reference checks are documents required by the CBC to consider your application. The original documents are to be filed only with the CBC, not anywhere else.
To assist applicants with the drafting of applications i.t.o. s115 of the LPA, the Membership & Admissions Committee of the CBC has provided templates of the following documents, which are available for download:
- Notes for drafting the application
- Notice of Motion
- Founding Affidavit
- Affidavit confirming ID
- Reference checks (letter from the CBC and LexisNexis form).
- The relevant rules and regulations governing the admission applications and process are the following:
Please note the following:
- The responsibility lies with the applicant to ensure that the application meets the requirements as set out in the LPA.
- Only once all documents (including reference checks) have been received, will applications be considered by the CBC.
- Applicants will be informed of the outcome of their applications by way of email (this will be the email address stipulated in the notice of motion).
- The original letter to the Court will be placed in the court file by the CBC. However, it is the applicant’s responsibility to ensure a few days before the application is to be heard, that all the documents are in the court file.