How to draft your application for admission

by Shela Teffo  

Reaching the stage of drafting your application for admission as an attorney is undoubtedly a significant achievement. You’ve earned your LLB degree, passed your board exams, completed your articles of clerkship, and navigated the challenges of law school—all milestones that deserve to be celebrated. While this is a moment to be proud of, the task of putting together your application can also feel daunting. As excited as you are to complete the process and take the next step in your career, the pressure to get every detail right can be overwhelming.  

This article will guide you in drafting an application that complies with the Legal Practice Act 28 of 2014 (the Act) and its Rules. As you draft your application, please be mindful of the practice directives applicable to your court. 

The application for admission can be divided into 3 sections: notice of motion, founding affidavit, and annexures. 

Notice of motion 

Your application will be an ex parte notice of motion, as you are the only party seeking relief from the court. This means that you are making the application without involving another party, as your request is directed solely towards obtaining the court's decision on your admission. 

Please note that your application for admission can only be issued in the High Court, as stated in Rule 17.1.1 and Section 24(2) of the Act. 

Founding affidavit 

Your founding affidavit must contain the following information: 

1. Confirm the jurisdiction of the court as required by Rule 17.2.1. 

2. Your full name, date of birth, identity number, and residential address, as required by Rule 17.2.2. 

3. Confirm that you are a South African citizen, or a permanent resident of the Republic as required by Rule 17.2.3, read with Section 24(2)(b)(i) of the Act. 

4. Confirm that you have met at all the educational requirements for the degree referred to in Section 26(1) of the Act. This means you must have completed a course of study lasting no less than four years, in accordance with Rule 17.2.4, read with Section 26(1)(a) of the Act.  

5. You must confirm your intention to enroll as an attorney, as outlined in Rule 17.2.5. 

6. The physical address and contact details where you will be employed, as per Rule 17.2.6. 

7. Confirm that you have served under a PVT contract, providing the specific dates of filing, registration, and the duration of the contract, as required by Rule 17.3.1. 

8. Confirm that your principal is entitled to enter into a contract with you, meeting the requirements set out in Regulation 6(5). This includes details of whether the principal practiced on their own account, as a director, or as a partner, and whether they have the necessary experience before engaging you as a candidate legal practitioner. Alternatively, your principal must have practiced as an attorney for at least five years within the past six years, as per Regulation 6(5)(e). You should also provide your principal's physical address. 

9. Confirm that your principal did not have more than three candidate legal practitioners under contract at the same time. If you worked with a law clinic (such as Legal Aid, the State Attorney, etc.), your principal must not have had more than six candidates under contract. If the contract was registered under the Attorneys Act, you must confirm that your principal did not have more than ten candidates under contract. 

10. Confirm that you served under the direct supervision of your principal, a partner, or another admitted attorney, as required by Rule 17.3.3. 

11. Confirm that you were not absent for 30 or more days in any one year of your contract, in line with Rule 17.3.4. 

12. Confirm the exact dates you served under the PVT contract, as per Rule 17.3.5. 

13. Provide a statement regarding the type of legal experience you gained during your time serving under the PVT contract, as outlined in Rule 17.3.6. 

14. Confirm that you had no financial interest in the attorney’s practice and held no other position than that of a candidate legal practitioner, as required by Rule 17.2.9. 

15. Confirm that you have completed all prescribed PVT contract requirements as a candidate legal practitioner, in line with Section 26(1)(c) of the Act and Rule 17.2.10. 

16. Confirm that you have passed the competency-based examination (previously known as board exams) for candidate legal practitioners, as required by Section 26(1)(d) of the Act and Rule 17.2.11. 

17. Community service under Rule 17.2.12 has not yet been determined by the Minister and is currently not applicable. 

18. If you are submitting your application more than one year after completing your PVT contract, you must provide a statement outlining your activities between the completion of your PVT contract and the date of this application, as per Rule 17.2.13. 

19. Confirm that you have completed a structured course of at least 400 notional hours over a period of no more than six months. If you completed this course work before registration, it complies with Regulation 6(1)(b). If you entered into a two-year PVT contract but completed the structured course work during the first year, you must confirm this complies with Regulation 6(2). Additionally, if you attended night school on a full-time basis, you must confirm that the school did not interfere with your daily duties. Alternatively, you can confirm that you have completed a 150 notional hour course (previously known as the part-time 23-day PLT course), which is applicable under Regulation 6(1)(a), if completed during the PVT contract. 

20. If you initially entered a two-year PVT contract but completed 400 notional hours of structured course work (6 months PLT course), you are not required to apply for condonation. Instead, you must affirm in your affidavit that you meet the requirements for admission as a legal practitioner under Regulation 6(2) of the Act. 

Annexures 

1. Copy of your identity document. 

2. Copy(ies) of your degree(s). 

3. Academic record(s). 

4. Permanent residence permit (if applicable). 

5. Copy of your PVT contract (contract registered with the Legal Practice Council). 

6. Letter confirming the registration of your PVT contract. 

7. Letter confirming registration of cession (if applicable). 

8. Copy of cession (if applicable). 

9. Copy of your Proficiency Certificate, confirming the completion of the competency-based examinations. 

10. Attendance certificate from a Legal Practice Council accredited training provider confirming either the 400 notional hour course completion or 150 notional hour course completion. 

11. Certificates of good character from legal practitioners who have known you for at least two years. 

12. Supporting affidavit from your Principal which should include the following: 

13. Period of service including the exact duration of time that you served under your principal’s supervision. 

• Confirmation your principal has been practicing as an attorney for their own account, as a partner, or as a director for a total of at least three years within the last four years, in accordance with Rule 17.4.2.1.1. If your principal does not meet this requirement, they must alternatively confirm that they have practiced as a professional assistant in a law firm for at least five years, as per Rule 17.4.2.1.2. 

• If your principal is employed by Legal Aid, they must confirm that they have been practicing for a minimum of three years (Rule 17.4.2.2). Similarly, if your principal works for the office of the State Attorney, they must have practiced for at least four years, as specified in Rule 17.4.2.3. 

• Confirmation from the principal that they continued to practice as required by law throughout the duration of your PVT contract. This ensures that they maintained the requisite standards and experience while supervising you, as per Rule 17.4.3. 

• Confirmation from your principal that during your PVT contract, they did not have more than three candidate legal practitioners under their supervision at the same time, as per Rule 17.4.4. If you are employed by Legal Aid or the State Attorney, this number is increased to six candidates under contract. 

• Confirmation from your principal that based on their assessment, they believe you are a fit and proper person to be admitted and enrolled as an attorney. This is a critical statement, as it reflects your principal’s professional judgment regarding your readiness to practice law and your suitability for admission, in accordance with Rule 17.4.5.