LJU4802 Assignment 1 Semester 1 2026 – Due 20 March 2026

LJU4802 Assignment 1 Semester 1 2026 – Due 20 March 2026

Question 1

1.1 Name the applicant in the Spies-case.

(1)

1.2 With reference to applicable legislation, describe the purpose of the applicant identified in
1.1.

(3)

Question 2

Explain why an attorney must have a Fidelity Fund certificate and practise with a trust banking
account.

(3)

Question 3
3.1 With specific reference to Jasat v Natal Law Society 2000 (3) SA 44 (SCA), describe the
three-stage enquiry that a court applies to determine whether a person is fit and proper to
practise as an attorney.

(4)

3.2 Name the three factors that a court’s decision on the third leg of the enquiry (as you set
out in 3.1) will depend on.

(3)

3.3 What was the sanction that the court imposed in the Spies-case?

(1)

Question 4

Consider the following statement:

If a legal practitioner who was struck off the role apply for readmission, he/she will be required
to satisfy the court that he/she is “a completely reformed character” and that his “reformation or
rehabilitation is, in all the known circumstances, of a permanent nature”.

With specific reference to Lize Maartens v The South African Legal Practice Council (Case
19239/2022), set out the factors that the court will take into consideration to determine whether