LJU4802 Assignment 02 ANSWERS Semester 2 2024 DUE 22 AUGUST 2024
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ASSIGNMENT 01
DUE DATE: 22 AUGUST 2024 AT 20:00
WRITTEN ASSIGN...
RONSAM
TUTORS
LJU4802 ASSIGNMENT 01 SEMESTER 02
DUE 22 AUGUST 2024
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE
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, QUESTIONS
Question 1
Cite the legislation that currently regulates the attorney’s profession in
South Africa. (2)
The Legal Practice Act 28 of 2014.
Question 2
2.1. Name the applicant in this case. (1)
South African Legal Practice Council.
2.2. Why was the applicant established? (2)
The Legal Practice Council of South Africa was set up to exercise supervisory
authority over the legal profession in South Africa. Primarily, it serves to
regulate the legal profession and keep the public safe from incompetent and
dishonest lawyers through holding the legal profession accountable for strictly
observing and abiding by professional conduct and standards. The Council
also has the responsibility of establishing the standards for entry into the legal
profession and the procedures for the disciplining of legal practitioners. 1
Question 3
What was the issue for determination in this case? (1)
The question in the case is whether Catharina Johanna Van Der Merwe, a
legal practitioner, should be removed from the roll of attorneys as a result of
misconduct allegations. Specifically, the case concentrated on the question of
whether her actions could be qualified as unprofessional or dishonourable
conduct to warrant her exclusion from the legal profession.
Question 4
Name three reasons why the applicant alleges that the respondent acted in
contravention of the relevant legislation, rules, and codes that regulated her
profession. (3)
1. Misappropriation of Funds
The respondent is accused of misappropriating trust funds, a serious violation of the
ethical duties imposed on legal practitioners.2
1
Tutorial Letter 501, Pg 9.
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