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Attorneys Act, 1979 (Act No. 53 of 1979)

Chapter I : Practitioners: Qualifications, Admission and Removal from Roll

2. Duration of service under articles

 

(1) Any person intending to be admitted as an attorney, shall serve under articles of clerkship for a period of—
(a) two years after he or she has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after pursuing for that degree a course of study of not less than four years;
(aA) two years after he or she has satisfied all the requirements for the degree of bachelor other than the degree of baccalaureus legum, of any university in the Republic or after he or she has been admitted to the status of any such degree by any such university and has satisfied all the requirements for the degree of baccalaureus legum of any such university after completing a period of study for such degrees of not less than five years in the aggregate;
(aB) two years after he has satisfied all the requirements for a degree or degrees of a university in a country which may be designated by the Minister, after consultation with the presidents of the various societies, by notice in the Gazette, and in respect of which a university in the Republic with a faculty of law has certified that the syllabus of instruction and the standard of training thereof, together with a supplementary examination (if any) required by the latter university, the requirements of which have been satisfied by that person, are equivalent or superior to those required for the degree referred to in paragraph (a);

[Section 2(1)(aB), renumbered by section 2(c) of Act No. 78 of 1997]

(b) [Section 2(1)(b) deleted by section 2(d) of Act No. 78 of 1997]
(c) three years after he or she has satisfied all the requirements for any degree, other than an honorary degree, of any university in the Republic, but has not satisfied the requirements of paragraph (a), (aA) or (aB);

[Section 2(1)(c) amended by section 2(e) of Act No. of 1997]

(cA) three years after he or she has satisfied all the requirements for any degree other than an honorary degree, or for other such degrees, of a university in a country designated under paragraph (aB), and in respect of which degree or degrees a university in the Republic has certified that the syllabus of instruction and the standard of training thereof are equivalent or superior to those required for a corresponding degree of such university in the Republic, but has not satisfied the requirements of paragraph (a), (aA), (aB) or (c);

[Section 2(1)(cA) amended by section 2(f) of Act No. 78 of 1997]

(d) three years after he or she has passed —
(i) the grade 12 external assessment referred to in section 17A of the General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001), of the National Senior Certificate as registered on the National Qualifications Framework contemplated in the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and complies with the requirements for an endorsement by the Matriculation Board referred to in section 74 of the Higher Education Act, 1997 (Act No. 101 of 1997); or
(ii) a qualification advised by the South African Qualifications Authority, in terms of section 13(1)(a) and (h) or (m) of the National Qualifications Framework Act, 2008, as a qualification to be equivalent or superior thereto,

and thereafter has served continuously for a period of at least two years as a clerk to any judge of the High Court, the Supreme Court of Appeal, or the Constitutional Court: Provided that he or she enters into articles of clerkship within a period of one year after he or she has ceased to serve in such manner; or

[Section 2(1)() amended by section 2 of Act No. 40 of 2014]

(e) to be equivalent or superior thereto, and thereafter has served continuously for a period of at least two years as a clerk to any judge of the Supreme Court, provided he enters into articles of clerkship within a period of one year after he has ceased to serve in such manner; or
(f) five years after he has passed an examination referred to in paragraph (d).

 

(1A) Any person intending to be admitted as an attorney and who has not served articles of clerkship in terms of subsection (1), and has satisfied all the requirements for a degree referred to in paragraph (a) or (aB) of subsection (1), or the degrees referred to in paragraph (aA) of that subsection, shall serve under articles of clerkship for a period of one year and shall in addition thereto—
(a) attend a training course approved by the society concerned for an uninterrupted period of at least four months and complete such course to the satisfaction of that society; or
(b) perform community service approved by the society concerned in terms of a contract of service for an uninterrupted period of at least one year to the satisfaction of that society.

[Section(1A) amended by section 2(g) of Act No. 78 of 1997]

 

(2) Subject to the provisions of this Act, any period of service performed before the passing of any examination or the obtaining of any degree referred to in subsection (1), shall not be regarded as good or sufficient service for the purposes of this Act.

 

 


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