Admissions

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 (i.e. after 1 November 2018) will not be considered by the CBC, but by the LPC, and must therefore be filed with the LPC. Their details are available here.

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.

Applications for admission are to be served on the Cape Bar at its administration offices on the ground floor, Huguenot Chambers, 67 Keerom Street Chambers.

The process

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:
   1. Have all copies stamped by the LPC and file one copy with the LPC.
   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. 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.
   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.

Reference checks

6. In order for the CBC to properly consider and comment meaningfully on admission applications, the following two reference check documents are required:
   1. a Fingerprint Clearance Certificate (to be obtained from Afiswitch.com); and
   2. a LexisNexis reference check consent form must be completed (the CBC will perform the check itself).
7. Further information on reference checks are available here.
8. The reference check documents must be submitted to the CBC, together with your application for admission. Do not attach it to your application as annexures, but provide it as separate documents. Applications for admission will not be considered if these two documents are not submitted together with the application when it is served on the Cape Bar administration offices.

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 (Fingerprint Clearance Certificate and LexisNexis form).
• The relevant rules and regulations governing the admission applications and process are the following:
  • Legal Practice Act 28 of 2014.
  • Notice from the LPC dated 29 April 2019.
  • Uniform Rules of Court: Rule 3A.
  • Uniform Rules of Court: Rule 6.
  • Uniform Rules of Court: Form 2.
  • Western Cape Practice Directions: 6 and 11-13.

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).
• Applicants are (themselves) required to uplift the original letter to Court from the CBC’s offices, to place it in the Court file.
• 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.