Description
LJU4802 Assignment 1 Semester 1 | Due 17 March 2025. All questions answered.
Read Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank Limited CASE NO. 2788/2019P and answer the questions here below.
QUESTIONS:
Question 1
Cite the legislation that currently regulates the attorney’s profession in South Africa. (1)
Question 2
Cite the legislation that was applied in this case and explain why it was applicable. (3)
Question 3
3.1 Name the applicant in this case. (1)
3.2 What order is the applicant seeking in this case? (1)
Question 4
Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust banking account. (3)
Question 5
Briefly explain why the court in this case was of the view that Mr Naicker clearly misappropriated trust funds. (2)
Question 6
With specific refence to case law by the Supreme Court of Appeal, describe the nature of the attorney’s profession, and what is ethically demanded from its members. (5)
Question 7
Explain the three-stage enquiry which the court applied to determine the appropriate sanction in this case. (6)
Question 8
8.1 What was the sanction that the court imposed in this case? (2)
8.2 Explain the court’s reasoning in reaching the above decision. (4)
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