Description
LJU4802 ASSIGNMENT 1 SEMESTER 1 – 2024
EXTENDED DUE DATE: 30 MARCH 2024
Question 1
1.1 Name the applicant in the Mamabolo-case. (1)
1.2 With reference to applicable legislation, describe the purpose of the applicant identified in 1.1. (3)
Question 2
2.1 Cite the legislation that currently regulates the attorney’s profession. (1)
2.2 In the Mamabolo-case the court determined that certain of the respondent’s actions contravened the “Code of Conduct”. Explain what a professional code of legal ethics is and name any three general aims of such a code. (5)
Question 3
3.1 Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3)
3.2 Why did the court in the Mamabolo-case regard the respondent’s conduct in practising without a Fidelity Fund certificate as a serious transgression? (2)
Question 4
4.1 Explain the following statement, with reference to applicable legislation:
“Membership of the legal profession is subject to extensive character screening.” (4)
4.2 With reference to case law, describe the three-stage enquiry that courts apply to determine whether a person is fit and proper to continue to practise as an attorney. (5)
4.3 Which qualities should members of the legal profession exhibit, according to the court in the Mamabolo-case? (3)
Question 5
What was the sanction that the court imposed in the Mamabolo-case? (1)
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