Legal Practice Act — LPC Training Provider Accreditation: Application for Accreditation to Present LPC Practical Vocational Training (Notice 226 of 2020, GG 43192, 3 April 2020) (source: https://www.justice.gov.za/legislation/notices/2020/20200403-gg43192gen226-LPA.pdf) STAATSKOERANT, 3 APRIL 2020 No. 43192   31 Legal Practice Council/ Regspraktyk Raad LEGAL PRACTICE COUNCIL NOTICE 226 OF 2020 226 Legal Practice Act 28 of 2014, as amended: Notification for Comment: Application for Accreditation to Present Practical Vocational Training Structured Programmes 43192 NATIONAL OFFICE Thornhill Office Park Building 20 94 Bekker Street Vorna Valley, Midrand 1686 Tel: 010 001 8500 Date: 24 March 2020 THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL NOTIFICATION FOR COMMENT: APPLICATION FOR ACCREDITATION TO PRESENT PRACTICAL VOCATIONAL TRAINING STRUCTURED PROGRAMMES All interested parties are invited to comment on the draft Guidelines for application for accreditation to be made to the South African Legal Practice Council (“Council”) to present the Practical Vocational Training (“PVT”) structured programmes for the year 2021 and thereafter. The draft Guidelines are published herewith for comment. All interested parties are called upon to submit their comments to Council in writing within a period of 30 days from the date of publication of this notice. All comments must be sent by email to [email protected] on or before 03 May 2020. SIGNED AT PRETORIA THIS 23rd DAY OF MARCH 2020 Ms Hlaleleni Kathleen Dlepu Chairperson: Legal Practice Council EXECUTIVE COMMITTEE: Msgazette This Kathleen Matolo-Dlepu is also (Chairperson) available free │Adv Anthea Platt SC (Deputy Chairperson)│ online at www.gpwonline.co.za Adv. Greg Harpur SC │Ms Trudie Nichols │Mr Lutendo Sigogo │Mr Jan Stemmett │Adv. Phillip Zilwa SC Executive Officer: Ms Charity Nzuza 32   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 PROGRAMME OF STRUCTURED COURSE WORK THE NORMS AND STANDARDS APPROVED BY THE LEGAL PRACTICE COUNCIL APPLICATION FOR ACCREDITATION LEGAL PRACTICE COUNCIL This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   33 LEGAL PRACTICE COUNCIL Applications for Accreditation to present the programme of structured course work for Practical Vocational Training GENERAL GUIDELINES The requirements for the transformation and restructuring of the legal profession are set out in the Legal Practice Act. Central to this is the building of a legal profession that broadly reflects the diversity and demographics of South Africa, and is accountable, efficient, and independent, and upholds the rule of law, the administration of justice and the Constitution of the Republic (section 5 of the Legal Practice Act). The building of such a system necessitates, among other things, the promotion of high standards of legal education and training, compulsory post-qualification professional development, continuing legal education and trial advocacy training not only in public universities, but also in organisations and institutions accredited by the Legal Practice Council: such courses need to be accessible and sustainable training courses for law graduates aspiring to be admitted and enrolled as legal practitioners having due regard to our inherited legacy and the aspirations of the new constitutional dispensation. The accreditation of training institutions and organisations applies only to those institutions that offer training programmes that contribute to the qualification of legal practitioners and candidate legal practitioners. Accreditation means that an institution is granted the legal authority to offer duly accredited programmes. The aim of accrediting these training institutions and individuals is to ensure that- (a) all accredited institutions offer a high quality of legal education as determined by the norms and standards applied by the Legal Practice Council; (b) all accredited institutions provide accessible and sustainable training of law graduates aspiring to be admitted and enrolled as legal practitioners; (c) all accredited institutions have the resources, capacity and expertise to deliver accredited programmes; (d) all accredited institutions will develop programmes in order to empower historically disadvantaged legal practitioners, as well as candidate legal practitioners; (e) all accredited institutions warrant that the candidate legal practitioners trained by them have attained an adequate level of competence as determined in the rules, for admission and enrolment as legal practitioners; and, (f) the system continues on a path of transformation in accordance with the design of the Legal Practice Act and complementary government policy and regulation. Accreditation can be seen as a means of protecting the integrity of the legal system and the interests of the public and the Constitution of the Republic. This gazette is also available free online at www.gpwonline.co.za 34   No. 43192 2 GOVERNMENT GAZETTE, 3 APRIL 2020 Chapter 2 of the Legal Practice Act deals specifically with training organisations and institutions. The Regulations for the accreditation of such institutions, of which this guide and the application form are an appendix, provide the legal framework within which the Legal Practice Council is required to regulate the accreditation of private institutions. Section 6 of the Legal Practice Act empowers the Council to provide financial support to organizations or institutions providing legal education and training. Accordingly, as part of their application for accreditation, training institutions and organizations are required to include an application for any funding required, and to furnish a full breakdown of that funding, what it pertains to, the items in respect of which it is estimated that funding will be spent, and the estimated amount per trainee that is requested compared with the estimated cost per trainee of providing the accredited training. MORE SPECIFIC GUIDELINES Introduction These are the guidelines for prospective applicants desiring to apply for accreditation to the Legal Practice Council (“the Council”). All interested parties must apply for accreditation to the Council to present the Practical Vocational Training (“PVT”) structured programmes for the year 2021 and thereafter. Those parties who have already received accreditation for the year 2020 must treat such accreditation as valid only for this year. Accreditation henceforth will be valid for two years and must be renewed biennially. The Council may withdraw accreditation at any time should an applicant fail to abide by the terms of the accreditation. The Guidelines The purpose of these guidelines is to assist applicants to apply for accreditation. The guidelines are the following: • In Part A the application process is set out: this includes the prescribed forms to be completed. Part A commences with the logistical requirements and contains the minimum standards applicants have to meet. • The logistical requirements stipulated by the Council will be subject to verification and inspection by officials from the Council. • Applicants must submit details of their proposed trainers and presenters. The Council provides minimum standards and guidelines for teaching and training methods. • In Part B the required curriculum and details of the course work are set out. Applicants must comply with the structured course work approved by the Council. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 3 No. 43192   35 • The Council will approve or reject the applicant’s curriculum and course content. Applicants must comply with the Council’s norms and standards set out below. • Applicants have a right of appeal should the Council not accredit such applicant as a training institution. PART A Logistical Requirements All applicants will have to meet the following requirements: a) There must be a comfortable teaching and learning environment; b) There must be a classroom or lecture venue capable of accommodating the number of candidates the applicant wishes to train; c) The classroom must be capable of being used as a moot court; d) The availability of break-away rooms for candidates to work on case studies. Provision must be made for at least 4 small break-away rooms; e) There must be access to basic text books and relevant legislation; f) There must be access to the internet for research purposes; g) The lecture room must be fitted with data projectors and screens with audio facilities; h) A computer room must be established to assist candidates to use technology; i) There must be access to refreshments; j) Ablution facilities must be provided; k) A rest area must be provided. Site Visits Applicants are informed that the Council will conduct site visits, upon reasonable notice to the training institution, to verify that minimum standards are met. Training and Teaching Personnel The Council will require that all teaching and training personnel be drawn from the ranks of experienced practitioners. Applicants will be required to provide full details of all trainers and teachers to be deployed. All trainers and teachers are expected to meet the norms and standards published by the Council. Minimum standards for teaching methods are stated below in Part B. Non-Refundable Fee Applicants will be expected to pay the following fees: a) A non-refundable fee to be paid on application for accreditation; and b) A non-refundable fee to be paid on annual renewal of accreditation. This gazette is also available free online at www.gpwonline.co.za 36   No. 43192 4 GOVERNMENT GAZETTE, 3 APRIL 2020 c) The fee payable on application for accreditation is R5 000 and must accompany the application. Absent payment, the application will not be processed. d) The fee payable for any renewal is R2 500 and must accompany applications for renewal of accreditation. e) All fees will be subject to review by the Council. Application Form Applicants should complete the Application Form after having read these Guidelines. The Application Form is a separate document appended at the end of the Guidelines. See the document entitled APPLICATION FOR ACCREDITATION AS A TRAINING INSTITUTION (In terms of s 6(5)(g) of the Legal Practice Act 28 of 2014). PART B Curriculum and Structured Course Work All applicants are required to provide details of the structured course work to be offered to candidate legal practitioners. The following is expected: a) A full description of every course on offer with details of the course content; b) Applicants must produce and present their course materials and manuals. Note, course materials must be written by the applicants. c) Applicants must present a timetable for the whole PVT programme, indicating the required hours of study and how those hours are earned. There must be an indication of how many hours of class study, case studies, independent study and on-line study are proposed. d) The applicant is expected to provide a brief and clear statement of what the candidate can expect to achieve on successful completion of each course (outcomes). e) Applicants must satisfy the Council that they can comply with the norms and standards. The Council will assess the teaching methodology. Guidelines for Teaching Methods The following are the basic guidelines for teaching and training candidate legal practitioners (“candidates”) in the PVT programme and optional programmes. This is not an exhaustive list: applicants are encouraged to develop their own training methods. Please note: the Council does not expect applicants to redo the LLB. a) An appropriate and well-managed presentation; reading to candidates from books and legislation serves no practical purpose; b) Instructors must remain relevant to the content being dealt with; This gazette is also available free online at www.gpwonline.co.za 5 3 APRIL 2020 STAATSKOERANT, No. 43192   37 c) Instructors must focus on the candidates’ understanding of the concepts and how to apply this in practice; d) Instructors must engage candidates by asking questions and calling for comment: candidates must be encouraged to ask questions and participate; e) Instructors must impress upon candidates that any drafting assignments be carried out without assistance and without the use of precedents; f) The course must be subdivided into appropriate units, lessons or modules; g) A sequential exposition is a must, with new material building on previous material; h) The use of a variety of approaches, including summaries, visual material and illustrative examples to illuminate particular concepts is encouraged; i) All instructors are to make candidates aware of recent judgments and amendments to legislation; and j) The inclusion of clear instructions to guide candidates through the material. k) Applicants must produce an assessment questionnaire for candidates who must complete the questionnaire at the end of each course. Such questionnaires must be filed and made available to the Council. Fees for Training the PVT Programme Applicants who intend to charge fees for attendance at PVT programmes must disclose the amount in their application. Proposed fees are subject to Council approval. Accreditation for Single Subjects or Coursework Applicants may apply for accreditation to provide training and teaching for specialised courses and not necessarily the whole PVT programme. Applications may be made for training of candidates and admitted legal practitioners for certain specialised programmes. a) The following is a list of such specialised courses: - Trial Advocacy - Legal Writing (for dispute resolution) - Drafting commercial contracts - Accounts management - Business practice and management - Wills and estates - Conveyancing - Notaries b) The courses above are typically three to five-day courses and are intensive. The course content and norms and standards are set by the Council. Applicants are expected to provide full details of the curriculum, coursework and outcomes. c) Applicants must disclose the fees for such training in the application: the fees are subject to approval by the Council. This gazette is also available free online at www.gpwonline.co.za 38   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Financial Information The Council must be satisfied, at least for the period that accreditation is sought, that the applicant is financially capable of sustaining the training programme. Accordingly, relevant financial information is required from applicants in the application form. Although audited financial statements are not required as part of the application, the Council reserves the right to request audited financial statements should it deem such to be necessary. Quality Control The Council is mandated to carry out oversight regarding the quality of training provided by applicants. Applicants are informed of the following: a) A programme of quality control and oversight measures will be determined by the Council and published to all interested parties. b) Applicants will be subjected to regular inspection; c) Council staff will attend programmes; d) Poor or indifferent quality will result in termination of accreditation. e) The Council is committed to continuous improvement. Applicants are encouraged actively to improve course contents and training methods. The Council will release regular notices or newsletters to deal with new training materials and how to deal with changes and updates to the law and practice. NORMS AND STANDARDS Regulations 6(11) and 7(10) required the Council to provide training standardised in terms of norms and standards for the structured PVT coursework. The anticipated regulation 4 requires likewise. The document, setting out the required norms and standards, is annexed to these Guidelines. All applicants for accreditation are expected to meet such standards. Applicants are advised to prepare their applications for accreditation based on the norms and standards published by the Council. Certificate of Accreditation The Council will issue all successful applicants for accreditation with a certificate of accreditation. The certificate will contain the date of issuance of accreditation and the time period during which the certificate remains valid. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   39 APPLICATION FOR ACCREDITATION AS A TRAINING INSTITUTION (In terms of s 6(5)(g) of the Legal Practice Act 28 of 2014) Note: Applicants must consult the document: A Guide for Completing the Application for Accreditation as a Training Institution. A ADMINISTRATIVE DATA 1 Legal name of the applicant 2 Particulars of authorised contact person or key individual (a) Name (b) Designation of contact person (e.g. Ms, Mr, Dr, Prof, etc.) (c) Telephone number (d) Email address 3 Postal address of the applicant Code 4 Physical address and contact details of the applicant’s main office Code Telephone E-mail address 5 Website address (if any) This gazette is also available free online at www.gpwonline.co.za 40   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 B COMPANY, VOLUNTARY ASSOCIATION OR OTHER PERSON 7 Legal name of the applicant (same as in Item 1) 8 Official trading name, abbreviation, acronym or translation (if applicable) 9 Type of juristic person (if a voluntary association – universitas personarum – attach its constitution) 10 Company registration number (if applicable) 11 Particulars of the Management (a) Chief Executive Officer or head of the training institution (i) Name (ii) Title (iii) Identity number (passport number and citizenship if not South African) (iv) Telephone number including cellular phone number, if available This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   41 (b) Names and identity numbers of all the applicant's current directors or key individuals Surname & Initials Title Designation Identity Number Passport number 12 Details of the applicant's accountant or accounts manager (a) Name of the applicant's auditor 13 Tax and business registration details (a) VAT Registration Number (if applicable) (b) Income Tax Number (if applicable) 14 Applicant’s proposed tuition fees Tuition fees Are fees to be charged? Amount LPC check of the Training Institution Yes No Tuition fees for the whole State the amount of the fee for the course whole course Tuition fees for each course State the amount of the fee per charged separately course 15 Payment of the non-refundable LPC fee for the accreditation application/renewal application Payment to the Legal Practice Date paid LPC check Council Application for whole course R 5,000.00 accreditation Application for renewal R 2,500.00 Application for select courses Amount to be determined by the accreditation LPC Application for renewal Amount to be determined by the LPC This gazette is also available free online at www.gpwonline.co.za 42   No. 43192 4 GOVERNMENT GAZETTE, 3 APRIL 2020 C PARTICULARS OF LEARNING PROGRAMMES 16 Table 01: Programmes submitted to the LPC for accreditation in terms of the Legal Practice Act: On 26 October 2019 the LPC approved the Norms and Standards of the course content set out below in the left column of Table 01. Regulations published in GG No. 41879 on 31 August 2018 concerning legal practitioners qualifying as attorneys or advocates, with or without fidelity fund certificates – are to be read in conjunction with the approved course content of the practical vocational training programme. To compare the course names, see Annexure C. Name of programme in the Norms and List of Mode of Language Minimum Contact with Standards approved by the LPC on 26 course delivery of duration students October 2019 names instruction in hours Taking Instructions and Obtaining a Mandate 1 Full- Part- time time Plain language Writing and Analytical 2 Thinking Drafting Legal Documents – Pleadings & 3 Motions Ethics for legal Practitioners 4 Civil Procedure & Trial Advocacy 5 Criminal Court Practice & Trial Advocacy 6 Insolvency practice 7 Drafting of Contracts 8 Matrimonial Matters & Divorce 9 Delictual Claims Including Personal Injury 10 Claims Legal Practitioners Accounts Management 11 Labour Dispute Resolution 12 Alternative Dispute Resolution 13 Wills and Estates 14 Introduction to e-commerce and application of 15 ECTA including the use of electronic signatures Basic Business Transactions Business Rescue Constitutional law 16 Legal Technology (Online) 17 Introduction to practice management (Online) 18 Introduction to Cyber law (Online) 19 Customary Law (Online) 20 Numeracy skills training 21 Legal Costs 22 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   43 Table 02: Optional courses Name of programme Section Mode Language Minimum Contact with (see Guide) and Rules of of duration students delivery instruction in hours Trial advocacy training programme Five-day course Full- Part- (40 hours) time time Advanced drafting course Five-day course (40 hours) Table 03: Proposed sites for programme delivery Physical address Programmes to be delivered This gazette is also available free online at www.gpwonline.co.za 44   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 D STAFF AND STUDENT DATA 18 Table: 04: Total staff expected to be employed and students to be registered for practical legal training programmes during the first year of operation. The data should be expressed as headcount only. First intake Second intake Third (if any) Students Academic / head office staff Full-time Part-time Support staff Full-time Part-time Service staff Full-time Part-time E FINANCIAL VIABILITY REPORTS AND LEGAL DOCUMENTS 19 ANNEXURE A: Annual financial statements. 20 ANNEXURE B: Occupational health and safety compliance audit report. F DETAILS OF THE COURSE CURRICULA FOR THE APPROVED PROGRAMME 21 ANNEXURE C: Table to compare the LPC 26 October 2019 approved practical vocational training programme with regulation 6 and 7 of R. 921 GG No. 41879, 31 August 2018 22 ANNEXURE D: Programme of structured course work. Norms and Standards approved by the Legal Practice Council on 26 October 2019 23 ANNEXURE E: Accounting course. Norms and Standards approved by the Legal Practice Council on 26 October 2019 24 ANNEXURE F: Appeal Form in the event an Applicant is aggrieved by a decision of the Legal Practice Council. The Council will give reasons for the decision not to accredit an Applicant as a training institution. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   45 I, ____________________________________________ declare that this application and the documents and electronic documents submitted as evidence in part of this application are the rightful property of the training institution. I accept the terms and conditions of the application and grant permission to the Legal Practice Council to proceed with the invoicing and evaluation of this application. ________________________ __________________ SIGNATURE DATE This gazette is also available free online at www.gpwonline.co.za 46   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 ANNEXURE A 1 (a) Annual financial statements For purposes of applying for accreditation as a training institution, the applicant must prepare and submit the annual financial statements for the previous financial year. The preparation and presentation of the financial statements must comply with the requirements of the the Companies Act 71 of 2008 and the Statements of GAAP. The financial statements must include the following: - Accountant’s report - Directors' report - Balance sheet - Income statement - Cash-flow statement - Summary of accounting policies - Notes to the financial statements The accountant’s report referred to above must comply with the following requirements: (i) The accountant’s report In the report, the accountant must express his/her opinion on the appropriateness of the management’s use of the going concern assumption in their preparation of the applicant’s financial statements. The accountant’s report must be available for public scrutiny. Further, the accountant must indicate whether or not he/she concurs with the directors’ Financial Viability Statement referred to below. (ii) Directors’ report Any matter not dealt with in the balance sheet, statement of changes in equity, income statement, cash- flow statement or notes thereto, must be dealt with in the directors’ report. Any post-balance sheet event that is material to the appreciation of the financial position of the applicant, its changes in equity, and the results of its operations and cash flows must also be tabled in the directors’ report. Ideally the report should include, but not be limited to, the following aspects: - Directors and secretary - Principal activities/Nature of business - Directors’ responsibilities - Going concern assessment - Operating results - Dividends (if any) - Review of operations o Revenue o Profit before tax - Share capital - Post-balance-sheet events The text of the current document is is drawn from the Regulations for the Registration of Private Higher Education Institutions, 2003: Annexures GN R335 of 2003 GG 24976 of 28 Feb 2003: F FINANCIAL VIABILITY REPORTS AND LEGAL DOCUMENTS at ITEM 29. So, the Council needs to consider the replacement of the auditor with an accountant. This gazette is also available free online at www.gpwonline.co.za 2 3 APRIL 2020 STAATSKOERANT, No. 43192   47 - Financial viability statement The Chief Executive Officer, or an official of similar standing, must sign the directors’ report. (b) Three-year financial forecasts A new applicant who has not previously operated in any form whatsoever, must submit a three-year financial forecast drafted by the applicant’s accountant. The three-year financial forecast must consist of the following: (a) Accountant's report (b) Detailed assumptions (c) Balance sheet (d) Pro forma income statements for three years (e) Pro forma cashflow statements for three years (f) Explanatory notes to the financial forecasts (aa) Detailed assumptions These assumptions should serve as the basis for all the figures and calculations done in the pro forma statements. (bb) Balance sheet This statement must, on analysis, be in a position to provide answers to the following questions: - What assets does the applicant own? - How much does the applicant intend investing in the proposed operations? - What are the applicant’s sources of funding? - What is the proportion of debt to be incurred vis-a-vis own capital/equity? (cc) Pro forma income statements These statements must, on analysis, be able to show all the sources of the applicant’s income and the amounts to be generated from each source. They must further indicate how the applicant is to meet the following funding requirements (start-up expenditure line items): - Capital costs - Classroom furniture and equipment - Library facility - Student support services - Student financial aid - Research - Quality assurance and quality promotion - Professional fees (legal, financial, etc.) - Costs for developing tuition materials - Systems design, purchase and implementation - Promotion/Advertising/Marketing Costs - Furniture This gazette is also available free online at www.gpwonline.co.za 48   No. 43192 3 GOVERNMENT GAZETTE, 3 APRIL 2020 - Electronic equipment (teaching and learning) - Vehicles - Staff recruitment - Staff salaries - Rent - Travel - Recreation - Telecommunications - Office consumables, etc. (dd) Pro forma cash flow statements These statements must indicate how much, during the first three years of operation, the applicant expects to- - generate for/from operating activities; - generate for/from investing activities; and - generate for/from financing activities. (ee) Explanatory notes Aspects that have not been dealt with as part of Assumptions, should be clearly explained in this section. Where applicable, this section should include, but not be limited to, the explanation of the following: - Dividend policy (if any) - Financing terms and conditions - VAT treatment, etc. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   49 ANNEXURE B Applicants are referred to the legislation below and are expected to comply; with particular reference not only to employees but also to candidate legal practitioners in attendance Occupational Health and Safety Act 85 of 1993 8 General duties of employers to their employees (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. (2) Without derogating from the generality of an employer’s duties under subsection (1), the matters to which those duties refer include in particular- (a) the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health; (b) taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment; (c) making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances; (d) establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures; (e) providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees; (f) as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken; (g) taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used; (h) enforcing such measures as may be necessary in the interest of health and safety; (i) ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and (j) causing all employees to be informed regarding the scope of their authority as contemplated in section 37 (1) (b). This gazette is also available free online at www.gpwonline.co.za 50   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 ANNEXURE C: HOW TO UNDERSTAND THE APPROVED PROGRAMME NAMES Table A shows the PVT courses from the perspective of the LPC approval dated 26 October 2019. Table B shows the PVT courses from the perspective of Regulation 6 (candidate attorneys) and Regulation 7 (pupils). Table A Name of programme in the List in Names in regulations Regulation Names in regulations Regulation Norms and Standards Annex B section section approved by the LPC on 26 numbers numbers October 2019 Taking Instructions and 1 Obtaining a Mandate Plain language Writing and 2 Analytical Thinking Drafting Legal Documents – 3 Legal writing and drafting 7(9)(g) Pleadings & Motions Ethics for legal Practitioners 4 Professional legal ethics 6(10)(b) Professional conduct & 7(9)(f) legal ethics of advocates Civil Procedure & Trial 5 High Court practice 6(10)(d) Advocacy skills, including 7(9)(b) Advocacy trial & motion court proceedings & attendance of court proceedings Magistrate’s Court practice 6(10)(e) Civil procedure 7(9)(d) Criminal Court Practice & 6 Criminal Court practice 6(10)(f) Criminal procedure 7(9)(e) Trial Advocacy Insolvency practice 7 Drafting of Contracts 8 Drafting of contracts 6(10)(m) Matrimonial Matters & 9 Matrimonial law 6(10)(k) Divorce Delictual Claims Including 10 Personal injury claims 6(10)(c) Personal Injury Claims Legal Practitioners Accounts 11 Attorneys’ bookkeeping 6(10)(i) For pupils intending to be 7(9)(a) Management admitted as advocates referred to in section 34(2)(b) of the Act, bookkeeping as contemplated in regulation 6(10)(i) Labour Dispute Resolution 12 Labour dispute resolution 6(10)(g) Alternative Dispute 13 Alternative dispute 6(10)(h) Alternative dispute 7(9)(c) Resolution resolution resolution Wills and Estates 14 Wills and estates 6(10)(j) Introduction to e-commerce 15 and application of ECTA including the use of electronic signatures Constitutional law 16 Constitutional practice 6(10)(a) Constitutional law & 7(9)(h) Customary law Legal Technology (Online) 17 Introduction to practice 18 Introduction to practice 6(10)(o) management (Online) management Introduction to Cyber law 19 Information & 6(10)(n) (Online) communication technology 7(9)(i) for practice, and associated aspects of cyber law Customary Law (Online) 20 Numeracy skills training 21 Legal Costs 22 Legal costs 6(10)(l) Trial advocacy training 25(3)(a)(i) programme Rule 19 Post-qualification 5(h), professional development 6(1)(a)(ix), & (5)(e),(g) Continuing education and 6(5)(e) training This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   51 Table B Name of programme in the Regulations Regulations Name of programme in the Norms and List in Reg 6 listed from Standards approved by the LPC on 26 October Annex B (10)(a) to (o) with Reg 2019 7 integrated into the sequence of Reg 6. Taking Instructions and Obtaining a Mandate 1 Plain language Writing and Analytical Thinking 2 Insolvency practice 7 Introduction to e-commerce and application of 15 ECTA including the use of electronic signatures Legal Technology (Online) 17 Customary Law (Online) 20 Numeracy skills training 21 Constitutional practice 6(10)(a) Constitutional law 16 Constitutional law & Customary law 7(9)(h) Constitutional law 16 Customary Law 20 Professional legal ethics 6(10)(b) Ethics for legal Practitioners 4 Professional conduct & legal ethics of 7(9)(f) Ethics for legal Practitioners 4 advocates Personal injury claims 6(10)(c) Delictual Claims Including Personal Injury Claims 10 High Court practice 6(10)(d) Civil Procedure & Trial Advocacy 5 Advocacy skills, including trial & motion court 7(9)(b) Civil Procedure & Trial Advocacy 5 proceedings & attendance of court proceedings Magistrate’s Court practice 6(10)(e) Civil Procedure & Trial Advocacy 5 Civil procedure 7(9)(d) Civil Procedure & Trial Advocacy 5 Criminal Court practice 6(10)(f) Criminal Court Practice & Trial Advocacy 6 Criminal procedure 7(9)(e) Criminal Court Practice & Trial Advocacy 6 Labour dispute resolution 6(10)(g) Labour Dispute Resolution 12 Alternative dispute resolution 6(10)(h) Alternative Dispute Resolution 13 Attorneys’ bookkeeping 6(10)(i) Legal Practitioners Accounts Management 11 For pupils intending to be admitted as advocates 7(9)(a) Legal Practitioners Accounts Management 11 referred to in section 34(2)(b) of the Act, bookkeeping as contemplated in regulation 6(10)(i) Wills and estates 6(10)(j) Wills and Estates 14 Matrimonial law 6(10)(k) Matrimonial Matters & Divorce 9 Legal costs 6(10)(l) Legal Costs 22 Drafting of contracts 6(10)(m) Drafting of Contracts 8 Legal writing and drafting 7(9)(g) Drafting Legal Documents – Pleadings & Motions 3 Information & communication technology for 6(10)(n) Introduction to Cyber law (Online) 19 practice, and associated aspects of cyber law 7(9)(i) Introduction to practice management 6(10)(o) Introduction to practice management (Online) 18 This gazette is also available free online at www.gpwonline.co.za 52   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Table C Name of programme in the List in Names in new regulations Regulation Norms and Standards Annex B about to be published section 4(1) approved by the LPC on sub- 26 October 2019 paragraphs Taking Instructions and 1 taking instructions and (a) Obtaining a Mandate obtaining a mandate Plain language Writing and 2 plain language writing and (b) Analytical Thinking analytical thinking Drafting Legal Documents – 3 drafting legal documents - (c) Pleadings & Motions pleadings and motions Ethics for legal Practitioners 4 ethics for legal practitioners (d) Civil Procedure & Trial 5 civil procedure and trial (e) Advocacy advocacy Criminal Court Practice & 6 criminal court practice and (f) Trial Advocacy trial advocacy Insolvency practice 7 Insolvency practice (g) Drafting of Contracts 8 drafting of contracts (h) Matrimonial Matters & 9 matrimonial matters and (i) Divorce divorce Delictual Claims Including 10 delictual claims, including (j) Personal Injury Claims personal injury claims Legal Practitioners Accounts 11 legal practitioners’ account (k) Management management Labour Dispute Resolution 12 labour dispute resolution (l) Alternative Dispute 13 alternative dispute resolution (m) Resolution Wills and Estates 14 wills and estates (n) Introduction to e-commerce 15 introduction to E-commerce (o) and application of ECTA and application of the including the use of Electronic Communications electronic signatures and Transactions Act, 25 of 2002, including the electronic signatures basic business transactions (p) business rescue (q) Constitutional law 16 constitutional law (r) Legal Technology (Online) 17 legal technology (online) (s) Introduction to practice 18 introduction to practice (t) management (Online) management (online) Introduction to Cyber law 19 introduction to cyber law (u) (Online) (online) Customary Law (Online) 20 customary law (online) (v) Numeracy skills training 21 numeracy skills training (w) Legal Costs 22 Trial advocacy training 25(3)(a)(i) programme Rule 19 Post-qualification 5(h), professional development 6(1)(a)(ix), & (5)(e),(g) Continuing education and 6(5)(e) training This gazette is also available free online at www.gpwonline.co.za ANNEXURE D Programme of structured course work Norms and Standards : Regulation 4(1) of the new regulations replacing regulations 6(11) and 7(10) Subject and curriculum Outcomes Remarks 1 2 3 1 Taking Instructions and Obtaining a Mandate – Reg 4(1)(a) Expected Outcomes Note to Trainer 8 2 10 Content: This course starts with FICA and CPA The candidate must understand the following: This module contemplates training compliance. on a practical level. An explanation why a client is entitled to a) What to do to prepare for a first an estimate of fees and disbursements. consultation with a potential client. Candidates must know what to do, Reference to tariffs of fees and templates b) What are the basic compliance why we do and how to do it. for making fee assessments. requirements? How to prepare for a first consultation. c) How to carry out the first An assessment of the candidates How to conduct a first consultation. interview or consultation. will take place through both How to contextualise a client’s problem. d) How to go about taking formative and summative How to arrange follow up consultations. instructions. How to obtain the assessments. The importance of first obtaining all the relevant facts. relevant facts. e) Techniques in carrying out a Candidates will have to score a How to obtain relevant documentation. consultation. minimum of 50% to pass an STAATSKOERANT, 3 APRIL 2020 How to listen to a client without f) An understanding of applied assessment. interrupting. research, as opposed to academic How to ask relevant questions to bring research. This gazette is also available free online at www.gpwonline.co.za out the facts. g) How to use the available research How to structure questions. Why leading tools. How to do research in an questions must be avoided. effective and efficient manner. Minimum contact hours Assignments Notional hours No. 43192   53 When to write letters and when not to write letters. How much detail to include in a letter and what type of detail. 54   No. 43192 An introduction on how to carry out legal research. Where to find the law. How to find the law quickly. How to use annotations effectively. How to use electronic Law reports. What is meant by: “the best statement of the law is to be found in the most recent decision of the highest court.” 2 Plain Language Writing and Expected Outcomes Note to Trainer 8 3 11 Analytical Thinking – Reg 4(1)(b) Content: A sensitive assessment of English The ability to write well is an essential skill. The module is extremely important: language competency needs to be done. The following is expected of candidates: an effort has to be made to improve What is plain language writing: why a) Candidates must write in plain literacy skills amongst candidates. plain language is relevant to lawyers: English on their own. They must Principals and pupil masters must and, how to achieve writing in plain not become slaves to precedents. be aware of their roles in this. language. b) After the PVT contract is An experienced English teacher A short course on writing skills to cover completed, there must be a must present the plain English GOVERNMENT GAZETTE, 3 APRIL 2020 grammar, syntax, sentence construction, demonstrable improvement in the writing module. This gazette is also available free online at www.gpwonline.co.za punctuation and vocabulary. candidate’s literacy skills. The module must have writing and Assistance with comprehension skills. c) During PVT contracts, candidates reading assignments from the Introduction of a compulsory reading must be encouraged to develop a outset: one book per month. programme. All candidates are required culture of reading and writing. Principals and pupil masters must to read at least one book, of their own d) Candidates must demonstrate the monitor candidates from the outset. choice, per month throughout the period ability to write as a lawyer without Assessment of writing skills needs of the PVT contract. Principals and pupil sounding like one. Candidates to take place throughout the PVT masters must ensure compliance. must not use jargon or “legalese”. contract. Candidates must be encouraged to write e) Candidates must understand how The final assessments will include on their own without copying and pasting to approach a legal problem. They the ability to write. from office precedents. must grasp that the facts are the Experienced practitioners (at least most important: only then should seven years’ experience in practice Problem Solving one consider the law. or a comparable level of expertise) An explanation of how to analyse a legal f) An understanding of how to gather must explain the concept of how to problem. the known facts and analyse them understand a legal problem: how to How to think like a lawyer. is an essential skill. analyse and contextualise the How to apply logic. g) The candidate must understand problem. Then follows the method How to find solutions to legal problems. that first the facts have to be of finding answers for a client with Critical thinking: obtained, then the matter can be reference to the facts and the law. What is critical thinking? contextualised as to the area of the Writing involves thinking. There is How to apply critical thinking. law that is applicable. a method in this. Candidates must The object is to develop application of h) Candidates have to understand that apply their minds before putting cognitive skills. any legal solution must be pen to paper. This must be taught How to apply the law to the peculiar supported by the facts of the case. during the first month of the PVT facts of one’s case. contract. NB: Candidates cannot expect to Facts first: law second. pass exams and assessments if they are unable to write properly due to poor literacy skills. 3 Drafting Legal Documents – Expected Outcomes Note to Trainers STAATSKOERANT, 3 APRIL 2020 Pleadings and Motions – Reg 4(1)(c) Content: Candidates will know the following: Note: for this module we expect the Managing Fact: a) Candidates must understand the skills trainers to have at least 7 to 10 This gazette is also available free online at www.gpwonline.co.za a) How to obtain relevant facts. listed in the content column. They are years of practical experience or a b) What are the sources of fact. not expected to be expert drafters comparable level of expertise in all c) Obtaining documents including already. areas of dispute resolution and electronic documents. How to preserve b) Candidates must be able to recognise litigation in particular. documents. the procedures and be able to assist in d) Obtaining witness statements. dealing with cases under the When assessing assignments, assist e) Carrying out in loco inspections supervision of principals and pupil by correcting the faults and ask the if necessary: how to record the evidence. masters. candidate to redraft; in this way No. 43192   55 f) How to obtain and preserve c) Candidates will be subjected to both there will be some skills transfer. relevant exhibits: what exhibits are. formative and summative assessments. g) The explanation above is required d) Candidates will know how to analyse before any papers are drafted. three sets of affidavits in motion Remember to explain managing 56   No. 43192 matters. facts before allowing candidates to Analysing Fact. e) Candidates will know how to grasp start drafting pleadings. a) Candidates must understand what to findings of facts on affidavits, do after gathering the facts. including the Plascon-Evans test. Explain that the sequence of facts b) Candidates must learn, at the outset, f) Candidates will know how to bring an forms the crux of chronologies to sequence all the facts and interdict [as part of the case studies]. needed in terms of Directives in documents. many Courts. c) Candidates must be able to analyse facts on the basis that only relevant facts must be retained and presented at a hearing; only facts that are admissible, in terms of the rules of evidence, can be relied on. Further, candidates must understand that any version of facts they intend to rely on, must be probable in relation to the circumstances of the case. d) Candidates must learn, early in their careers, that they cannot go to court with a version that is improbable or GOVERNMENT GAZETTE, 3 APRIL 2020 implausible. This gazette is also available free online at www.gpwonline.co.za e) Candidates must be able to work out that there are facts which support their own client’s version of what actually happened; and that there will be facts that do not support their client’s version. f) Candidates must understand that carrying out such an analysis is the only way for lawyers to understand the facts of their client’s case. g) Merely reading witness statements and documents is of no value. Nor is it of any value merely to accept a version on the basis that “those are my instructions”; one must carry out an objective fact analysis first. Working out the case concept (or theory of your case) a) What happened according to your client’s version of the facts? b) What are the issues, factual and legal, that emerge from the facts? c) What are you going to tell the judge at the hearing? d) What version are you going to present in your papers? e) How will you present evidence? f) Who will be the witnesses and what documents will you need? g) How will you run the case from STAATSKOERANT, 3 APRIL 2020 pleadings to final argument? h) This process has to be applied before any papers are drafted. This gazette is also available free online at www.gpwonline.co.za Working out the cause of action or defence a) There must be a comprehensive explanation, using case studies, of how one takes a set of facts and works out what your client’s cause No. 43192   57 of action or defence is. Look to the case concept and the applicable law. Do not draft papers without first undertaking this step. 58   No. 43192 b) Candidates must understand the meaning of the elements of one’s cause of action or defence and where and how to find those elements in the peculiar facts of your case and with reference to the law. c) Candidates must know how to recognise and formulate a cause of action and defence before any drafting commences. Emphasise the importance of d) The object is for candidates to drafting pleadings without using a understand this method instead of precedent. consulting a precedent first. Deciding what procedure to use Action / Application We recommend using case studies a) Candidates must understand the test to assist candidates to understand whether to proceed by way of action the test whether to proceed by way or motion. of motion or action. b) Candidates must understand the GOVERNMENT GAZETTE, 3 APRIL 2020 main differences between actions This gazette is also available free online at www.gpwonline.co.za and applications. c) Refer to the Uniform Rules of Court and practice directives. d) What is meant by a dispute of fact: how does one test a set of facts? Explain a referral to evidence and a e) Candidates must know what happens referral to trial. In each case use a in court when an application cannot case study of how such referrals are be adjudicated on the papers. drafted. Drafting pleadings Emphasise that candidates draft on (including how to get to your first rough their own without the assistance of draft) a precedent. a) Candidates must draft on their own without the assistance of a precedent. Explain the method of drafting with b) Candidates must read and understand reference to Rules 18 and 22 of the rules 18 and 22 of the Uniform Rules. Uniform Rules of Court. c) Candidates must know how to draft particulars of claim and a plea. Use case studies to assist d) Candidates must draft causes of candidates to draft all causes of action in contract, delict, divorce and action. unjust enrichment. The focus must be on contract and delict. Assignments can be submitted on e) Candidates must do assignments for e-learning platforms. Trainers must formative assessments. assess each assignment. f) Candidates must grasp the lay-out of pleadings with proper paragraph Explain the lay-out of pleadings numbering, appropriate spacing, font with proper paragraph numbering, types, use of headings and point first appropriate spacing, font types, use drafting. of headings and point first drafting. g) No pleading may be vague: each pleading must disclose a cause of Explain what is meant by a STAATSKOERANT, 3 APRIL 2020 action. pleading that is vague and one that h) A plea must comply with Rule 22 of does not disclose a cause of action. the Uniform Rules. Bare denials are This gazette is also available free online at www.gpwonline.co.za not allowed. Candidates must plead Explain that in a plea there must be their client’s version, which, if a response to the plaintiff’s facts proved, will amount to a defence to and that evasive drafting is not plaintiff’s claim. tolerated. They are not to draft bare i) Candidates must be able to draft a denials without setting out their Special Plea and to know when and client’s version. how to draft a Special Plea. No. 43192   59 Drafting Notices of Motion and three sets Explain a “Special Plea”, when it is of affidavits used and how it is drafted. a) Candidates must learn the different 60   No. 43192 types of notices of motion and when each is used. This must include a long form notice of motion, a short form notice of motion and a Two- Part notice of motion. b) Candidates must know when and how each of the three types is used. c) Candidates must learn to draft Use case studies and get the founding, answering and replying candidates to draft on their own. affidavits. d) Candidates must know the required Explain the purpose of founding, lay-out of each of the affidavits with answering and replying affidavits. reference to the requirements in the Uniform Rules and directives. Online Drafting exercises and case e) Candidates must know how to index studies will have to be completed. and paginate court files. 4 Ethics for legal Practitioners – Reg Expected Outcomes Note to Trainer 6 0 6 4(1)(d) GOVERNMENT GAZETTE, 3 APRIL 2020 Content: a) Candidates will know the seven The content of the course must be This gazette is also available free online at www.gpwonline.co.za A single contact session as well as Ethics universal ethical principles that apply uniform for all candidate legal for Legal Practitioners needs to be to all professions. practitioners. incorporated into the introduction to each module recommended in this b) Candidates will know any specific rule Currently the regulations and the programme. in the Code of Conduct that applies to Code of Conduct provide for three any module. types of legal practitioner. So, the Candidates must be aware of the ethical candidate must be aware of the requirements for all types of practitioner. ethical requirements for all three. Details of course content c) Candidates will be able to apply the The seven universal ethical principles Code of Conduct applicable to all The summative assessment must be branches of the legal profession, be it an open book exam. Candidates The current Code of Conduct of 29 attorney, advocate or advocate with a must have open book access to the March 2019: trust account. Code of Conduct and relevant regulations during the assessment. Section 3 of the general provisions in the d) All candidates will understand and Code of Conduct requires attention. know the provisions of section 3. Candidates will answer questions based on applying the Code. Section 56 The scope and limits of e) All candidates will be able to apply legitimate cross-emanation are section 56 of the Code when doing the particularly important. Trial Advocacy programme and in the summative assessment of the open book exam. Universal ethical principles honesty The universal ethical principles text is from Only the seven ethical principles trustworthiness https://www.iaa.govt.nz/for-advisers/adviser- set out in the first column must be loyalty tools/ethics-toolkit/professional-ethics-and- memorised by rote. respect for others codes-of-conduct/ adherence to the law doing good and avoiding harm to others accountability STAATSKOERANT, 3 APRIL 2020 5 Civil Procedure and Trial Advocacy We provide for six days of 36 6 42 – Reg 4(1)(e) training Content: Expected Outcomes Note to Trainers This gazette is also available free online at www.gpwonline.co.za There is a substantial overlap in the What follows is part of the Trial Uniform Rules of Court and Magistrates’ Candidates must understand the process and Advocacy programme. For Courts Rules. procedures in taking a matter to trial from purposes of this PVT programme Candidates must have knowledge of the pleadings to hearing. we expect the various disciplines to rules in both courts. The differences must be dealt with in a programme which be highlighted. In particular the can be included within the high difference in powers and functions The purpose is to ensure that candidates court and magistrates court practice No. 43192   61 regarding the Magistrate’s Court. understand the practical steps required to be and procedure. The minimum hours Candidates must be made familiar with taken and how to prepare for a trial. must be achieved. This course is Practice Directives in both the High not to be confused with the five- Court and Magistrate’s Court. Candidates will know how to set down a day advanced course that we 62   No. 43192 Candidates must know where to find the matter for trial. recommend for those practitioners directives and how they are applied. who want to appear in court trials and applications. That advanced The following must be dealt with: course is dealt with separately, Contingency Litigation: below. The instruction method is What is contingency litigation and how practical: this requires the use of to decide whether to take a matter on case studies. Advocacy is a contingency? What are the rules and how performance skill: so, trainers are to charge contingency fees? expected to give demonstrations. What do courts say about contingency This can also be included in a moot litigation? court programme. Case management: Note to Trainers What is Case Management, and how to Since instruction is of a practical apply it in your practice and in court nature, trainers must use case proceedings. studies so that candidates can Candidates must learn that modern day actually carry out various tasks or litigation is less adversarial and more see how they are done. The trainers cooperative with the object being to for this module must have at least 7 resolve disputes quickly and at a to 10 years’ experience or a GOVERNMENT GAZETTE, 3 APRIL 2020 reasonable cost. comparable level of expertise in This gazette is also available free online at www.gpwonline.co.za Candidates must know how to refer a dispute resolution. matter to case management, the process and procedures in case management. Instruction must be given about the Certification: process and procedures in case Candidates must understand how the trial management and certification certification process works. In particular process: this must include attending that a judge will require the parties to case conferences and certifications agree and record the triable issue/s. with a judge. Trial Preparation: Note to Trainer Candidates must understand that there is Explain what is meant by “door a duty on a practitioner to settle a matter settlements” and why our courts are at any stage. The earlier the matter gets against them. settled, the better. Explain the consequences of making door settlements. Candidates must acquire the following skills: * How to analyse pleadings. * How to determine triable issues. * How to limit the issues for trial. * How to initiate case conferences Explain that the intended purpose for certification and for trial readiness. of the pre-trial conference must be * How to do pre-trial conferences, achieved; it is not merely a step and how to draft the agenda. requiring compliance. * How to carry out a proof analysis. Candidates must understand what is Explain that once the issues are meant by “proof of a fact” and how to settled, candidates have to consider discharge the onus. how they will go about proving * How to carry out witness and their client’s version. documentation analysis. * How to prepare chronology STAATSKOERANT, 3 APRIL 2020 documents. Discovery: This gazette is also available free online at www.gpwonline.co.za * Candidates must understand latest Developments on how to obtain, preserve and present relevant documentation including Electronic Documents. * Candidates must understand the concept of narrow discovery and proportionality. No. 43192   63 * Candidates must know how to prepare trial bundles. This must include the importance of sequencing. 64   No. 43192 How to Attend Pre-Trial Conferences Note to Trainer and Case Conferences. This will include an explanation of * Candidates must understand the case conferencing with judicial purpose of these conferences and how officers. that purpose can be achieved. Explain how to prepare for a case or pre-trial conference. Trial Procedure Requirement of practice notes for the court. When are these notes expected to Explain the purpose of practice be filed and what are the contents? notes. The content Before proceeding with this programme, candidates must be made aware of their Case Concept, how they intend to proceed with the hearing and discharge the onus. * Witness briefing. Candidates must know how to prepare a witness for court appearances. GOVERNMENT GAZETTE, 3 APRIL 2020 * Opening Statement. This gazette is also available free online at www.gpwonline.co.za * Leading a witness in chief. * Cross examination. * Re-examination. * Presenting argument. Note: this is part of the trial advocacy programme. These skills will be split up as separate modules which will be incorporated into and presented as part of the civil procedure programme. Different instructors can be used. Heads of Argument. * When are heads required. Explain how a typical set of heads * What is meant by “main heads of is laid out. argument”. * What are Short heads and Comprehensive heads. Note: candidates will not be expected to draft heads in this programme. 6 Criminal Court Practice and Trial Expected Outcomes Note to Trainers 12 4 16 Advocacy – Reg 4(1)(f) Content: Candidates will understand the process This module contemplates training Candidates must know the peculiar involved in conducting a criminal matter, on a practical level. requirements in a criminal trial thus: from obtaining the charge sheet to final So, avoid repeating the university Course Content argument. lectures on criminal procedure. * How to obtain and analyse the charge sheet and docket. Candidates are expected to attend * How to take instructions and criminal trials and bail applications obtain your client’s version. in the Magistrate’s Court and High * How to obtain witness statements Court during the duration of the STAATSKOERANT, 3 APRIL 2020 and ensure witness presence in court. PVT contract. Use case studies and * How to do plea bargaining. demonstrate what happens in court. * How to do bail applications. This gazette is also available free online at www.gpwonline.co.za * How to plead effectively, The trial advocacy component can including when to make a Plea be incorporated into the trial explanation. advocacy training for the High * How to attend trial and pre-trial Court. conferences. * How to cross-examine state witnesses. No. 43192   65 * How to present your client’s version to a state witness. * How to lead evidence in chief including the decision to call your client. 66   No. 43192 * How to present argument * How to present sentencing options and evidence in mitigation. Note: the court craft here will also be a module of Trial Advocacy. 7 Insolvency practice – Reg 4(1)(g) 12 4 16 Content: Expected Outcomes Note to Trainer How to bring an: The candidate will be able to: The course requires formative Application for sequestration both: a) Draft a notice of motion for each assessments while candidates get - Voluntary and type of application, be it used to drafting the notices of - Compulsory liquidation or sequestration. motion and founding affidavits. Liquidation and, b) Draft the founding affidavit for Business rescue. each type of application so that the Summative assessments need to be Application for Rehabilitation. allegations contain all the basic open book exams in the sense that compliance requirements. candidates have access to the Discussion of the relevant provisions of c) Understand the difference between Insolvency Act 24 of 1936, the the Insolvency Act and Companies Act. friendly and voluntary applications Companies Act 71 of 2008 and Candidates must understand the effect of for sequestration. Chapter XIV of the Companies Act GOVERNMENT GAZETTE, 3 APRIL 2020 a sequestration of a person’s estate and d) Understand the effect of 61 of 1973. This gazette is also available free online at www.gpwonline.co.za the effect of the winding up of a juristic sequestration on the insolvent’s person. Candidates are not expected to property. The summative assessment must run meetings of creditors. That e) Find the applicable law concerning establish whether the candidate can experience is gained inhouse while in the winding-up and liquidation of produce a valid application: it must practice with senior lawyers. companies. not rehash the LLB degree. f) Be able to apply the relevant Blended learning: made up of contact practice directives. sessions + online work. 8 Drafting of Contracts – Reg 4(1)(h) Expected Outcomes Note to Trainer 12 3 15 Content: * General techniques in drafting a Candidates must understand that drafting a The emphasis must be on how to commercial contract: contract involves much more than merely understand the transaction, then to Obtaining instructions: reaching for a precedent. draft the provisions. * The basic provisions for effective contracts: Understanding the transaction is of vital There must be a critical method in * The structure of a contract importance followed by due diligence. using precedents. It is not a mere (international best practice): copy and paste exercise. * How to use commercial precedents. We recommend the use of a case * How to draft the standard study which will become part of the boilerplate provisions. formative assessment. * How to draft transactional provisions. * Where relevant, questions of basic compliance must be addressed. * Introduction to due diligence. 9 Matrimonial Matters and Divorce – Expected Outcomes Note to Trainers 10 6 16 Reg 4(1)(i) This module must be presented by a Content: Candidates must appreciate that all family law practitioner with 7 years or more Taking instructions in detail. matters are dealt with differently. Our courts experience or a comparable level of STAATSKOERANT, 3 APRIL 2020 Advice on marriage and its consequences do not encourage adversarial litigation and expertise in all aspects of family Ante-nuptial contracts expect the parties to cooperate towards a law. Advice on out of community of property reasonable settlement. This gazette is also available free online at www.gpwonline.co.za with or without the accrual system and The course requires formative marriage in community of property These matters must be dealt with in a assessments while candidates get Divorce and its consequences sensitive and sensible manner. Candidates used to drafting pleadings for Drafting particulars of claim / defence. must be alive to this especially where minor divorce and Rule 43 applications. Drafting Rule 43 Applications. children are involved. How to settle matrimonial disputes Summative assessments need to be outside Court. ADR in Family Law. The candidate must understand the following: open book exams in the sense that No. 43192   67 Advice on rights and duties concerning a) How to carry out the first candidates have access to the children in a marriage, including: consultation to get all the facts. Children’s Act 38 of 2005, and Adoptive children: b) How to advise on marriage, ante- legislation like the Marriage Act 25 Step-children: and, nuptial contracts with or without of 1961, Recognition of Customary 68   No. 43192 Children in foster care. the accrual system, community of Marriages Act 120 of 1998, Civil How to deal with custody of children. property and the consequences of Union Act 17 of 2006 and Divorce The best interests of the child principle. marriage. Act 70 of 1979, and all applicable Maintenance of children and, if c) How to advise on divorce and its practice directives and practice applicable, former spouses. consequences. manuals. Emphasis must be on the d) How to settle matrimonial disputes application of the law, not rote A discussion on the judgement in outside Court and to introduce learning of statutes. 50% is required Brownlee v Brownlee. clients to the idea of settlement to pass an assessment. through ADR. The duty of a practitioner in all family e) How to draft divorce particulars of One must assume that candidates matters to resolve disputes quickly and claim or defence. dealt in their LLB with the law cheaply. f) How to draft Rule 43 applications. relating to engagement, the contract g) How to give advice concerning the of marriage, the formalities Blended learning: made up of contact Children’s Act 38 of 2005, required for a valid marriage ito the sessions + online work. especially the Hague Convention. Marriage Act, the Recognition of h) How to work out maintenance for Customary Marriages Act and the children, and where applicable, Civil Union Act. former spouses. i) How to enforce divorce settlement Likewise, one assumes the LLB agreements. dealt with the Child Care Act 38 of GOVERNMENT GAZETTE, 3 APRIL 2020 j) Able to identify the principle in 2005 and the Divorce Act 70 of This gazette is also available free online at www.gpwonline.co.za the Brownlee case. 1979. 10 Delictual Claims Including Personal 6 6 12 Injury Claims – Reg 4(1)(j) Expected Outcomes Note to Trainer Content: Delictual claims, including personal injury This module requires a trainer of * How to gather & analyse the facts claims are an important part of any litigation more than 7 years of practical before deciding on a cause of action. practice. experience or a comparable level of * How to work out the cause of Candidates must know how to obtain the expertise. action. facts, contextualise the matter and formulate a It is important for trainers to point * How to draft the cause of action cause of action with reference to the facts and out that there are abuses that take (particulars of claim). the law. place; such as the over-inflation of * How to assess quantum. quantum. * Candidates must be familiar with Candidates are expected to know that there is Candidates must avoid this and the Uniform Rules of Court and practice a process of “certification” in court which where possible, settle the claim as directives relating to these claims. case manages these claims from issue to soon as possible. * Case studies on RAF claims and hearing. There should be no “door medical negligence claims. settlements”. * How and when to engage an In new directives, door settlements expert and the case management of may require the legal practitioners experts before the matter is allocated a to forego their fees or, worse, pay trial date (case management process). the fees of the parties. 11 Legal Practitioners Accounts See Annexure “E” See Annexure “E” 30 6 36 Management – Reg 4(1)(k) Note 01: The Legal Practice See Annexure “E” Management course is currently Old content: provided by LEAD and may be * Cash book. undertaken at any time after * Ledgers. completion of this course. * Transfer Procedures. Note 02: this programme coupled STAATSKOERANT, 3 APRIL 2020 * VAT. with the current book keeping * Section 86 (3) and Section 86 (4) exams requires urgent review. Trust Investments + Rules. Note 03: if an alternative This gazette is also available free online at www.gpwonline.co.za * Conveyancing Transactions. programme, such as the above * Correspondents Transactions and recommendation, is approved; then Accounts. this need not be an elective course * Trust Banking Accounts. and can be of uniform application, Note that the above is a decades’ old not only for attorneys and programme, roundly criticised for not advocates with trust accounts. serving any useful purpose. No. 43192   69 It has become outdated and irrelevant. Suggested reviewed programme: 70   No. 43192 First Module * How to use accounting software. * Comprehensive training on the management of trust funds and trust accounts – the rules and obligations. * Thorough knowledge of Sections 86 to 91 of the Legal Practice Act. * The rules and requirements of the Fidelity Fund. * Applying for a Fidelity Fund Certificate. Second Module * How to manage the finances of one’s practice. * How to manage personal finance. Third Module * Introduction to Legal Practice Management GOVERNMENT GAZETTE, 3 APRIL 2020 12 Labour Dispute Resolution – Reg Expected Outcomes Note to Trainer 12 0 12 This gazette is also available free online at www.gpwonline.co.za 4(1)(l) Content: The candidate will understand the following: The course requires formative assessments while candidates draft Industrial Relations Framework. a) How to conduct consultations to statements of case, notices of Identification of an employee get all the facts, especially to motion and founding affidavits for Permanent employees. obtain a balanced understanding of the Labour Court, and appeals to Temporary employees. any dispute between the parties. the Labour Appeal Court. Disciplinary Proceedings and Hearings. b) How to identify an employee. Dismissals. c) How to identify temporary and Summative assessments need to be Bargaining Agents, Forums and permanent employees. open book exams in the sense that Collective Bargaining. d) How to identify the difference candidates have access to the Dispute resolution. between temporary employees and Labour Relations Act, the Basic Labour Relations Act 66 of 1995. independent contractors: Chapter Conditions of Employment Act, Basic Conditions of Employment Act. IX of the LRA. and the Employment Equity Act. Employment Equity Act 75 of 1997. e) How to draft a statement of claim Rules for the Conduct of Proceedings in ito Form 2, Rule 6 Referrals of the The summative assessment must the Labour Court (GN 1665 of 1996: Labour Court Rules. establish whether the candidate can GG 17495 of 14 Oct 1996) f) How to draft applications ito Form produce a valid pleading: it must Rules for the Conduct of Proceedings in 4, Rule 7 Applications of the not rehash the LLB degree. the Labour Appeal Court (GN 1666 of Rules. 1996: GG 17495 of 14 Oct 1996) g) Whether a dismissal complies with Chapter VIII and Schedule 8: Code of Good Practice: Dismissal NB: The LSSA Manual on Labour of the LRA. Dispute 2019 is a mini textbook. This manual will have to be revised. 13 Alternative Dispute Resolution – Expected Outcomes Note to Trainer 6 0 6 Reg 4(1)(m) Content: The candidate must understand the following: The course requires formative STAATSKOERANT, 3 APRIL 2020 a) How to identify a conflict. assessments while candidates Defining and understanding: - what is a b) The differences between negotiation, engage in case studies. conflict. mediation, arbitration and litigation. This gazette is also available free online at www.gpwonline.co.za Negotiation. c) The pros and cons of negotiation, Summative assessments need to be Mediation. mediation, arbitration and litigation. open book exams. Candidates have Protection of Investment Act 22 of 2015, d) When is mediation appropriate? access to the Arbitration Act, the section 13. e) When does mediation not work? International Arbitration Act and Arbitration. f) How arbitration differs to litigation. section 13 of the Protection of Arbitration Act 42 of 1965 and the g) Is arbitration appropriate for organs of Investment Act 22 of 2015. International Arbitration Act 15 of 2017. state that are audited by the Auditor General? No. 43192   71 The role of ADR in litigation. The LSSA Manual on Alternative Dispute Resolution. 72   No. 43192 14 Wills and Estates – Reg 4(1)(n) 18 4 22 Content: Expected Outcomes Note to Trainer Wills. The candidate must understand the following: The course requires formative The Wills Act 7 of 1953 a) How to conduct a comprehensive assessments while candidates The Trust Property Control Act 57 of consultation with clients before engage in drafting wills. 1988. advising on the law of succession Drafting Wills. and drafting a will. Summative assessments need to be Taking instructions, what one needs to b) How to draft a will. open book exams. know to draft a will. Proper consultation. c) How to draft a living will. The role of sound literacy skills. d) How to apply the Trust Property Candidates must have access to the Interpreting (archaic) Wills. Control Act to trusts established in Wills Act, the Trust Property Drafting Living Wills. a will. Control Act, the Intestate Does the National Health Act 61 of 2003 e) How to apply the Intestate Succession Act and the Reform of make provision for a living will? Succession Act. Customary Law of Succession and Testate and Intestate Succession. f) How to apply the Administration Regulation of Related Matters Act. Intestate Succession Act 81 of 1987. of Estates Act from reporting the Maintenance of Surviving Spouses Act estate to the final liquidation and 27 of 1990 distribution account. Recognition of Customary Marriages Act g) How to apply the Estate Duty Act. GOVERNMENT GAZETTE, 3 APRIL 2020 120 of 1998 h) Candidates must be familiar with Reform of Customary Law of Succession the other legislation mentioned in This gazette is also available free online at www.gpwonline.co.za and Regulation of Related Matters Act the first column. 11 of 2009. Administration of deceased estates. Administration of Estates Act 66 of 1965 Estate duty. Estate Duty Act 45 of 1955. 15 Introduction to E- Commerce and application of the Electronic Communications and Transactions Expected Outcomes Note to Trainers 3 0 3 Act 25 of 2002, including the use of electronic signatures – Reg 4(1)(o) This module is intended to introduce The trainer for this module must be Content: candidates to the ever-changing world of an experienced practitioner who is A discussion on the content of “ECTA”, digital technologies and how this impacts on routinely involved in digital the Electronic Communications and the work of practitioners, how clients access commerce. Transactions Act 25 of 2002. legal services and the impact on how What is an electronic signature? How to contracts are drafted and concluded. This module will not be subject to deal with these signatures in practice. any summative assessments. What is an advanced signature and where It is important for candidates to understand is it required in practice? what is meant by an electronic signature and The effect of ECTA on drafting how this impacts on commercial transactions. contracts, in particular “non-variation clauses”. The effect on business and legal practice of the internet and cloud technology. An introduction to Block Chain technology and smart contracts. Basic Business Transactions – Reg 4(1)(p) Expected Outcomes Note to Trainer STAATSKOERANT, 3 APRIL 2020 Content: The seven main business transactions. The candidate must understand the following: Summative assessments need to be * Sale of business a) How to identify the seven main business open book exams. This gazette is also available free online at www.gpwonline.co.za * Sale of shares transactions. The instruction must focus on * Lease of immovable property b) How to understand the peculiar candidates drafting their own * Employment of an independent transaction client is engaged in. contracts without recourse to contractor c) How to apply the general principles of precedents insofar as it relates to * Partnership agreement contract from offer and acceptance to the transaction. * Joint venture capacity and reciprocal obligations. Ensure candidates can understand * Service level agreement d) How to negotiate, plan, draft and the difference between a sale and a No. 43192   73 Good faith, public policy and legal administer a contract. lease: and, a partnership and a joint certainty in drafting contracts. e) How to weigh key elements of the venture. Performance and administration of contract like liabilities and debts, taxes, For a critical comparison of business contracts. manageability and business growth with constitutionalism bringing potential 74   No. 43192 Remedies for breach of contracts. reciprocal obligations (rights and duties). uncertainty to contract law, see the f) When and whether good faith is an article by Judge of Appeal Malcolm NB. Responsible use of precedents is element of a contract: implied, tacit, Wallis ‘Commercial Certainty and allowed. express or required by law – like case Constitutionalism: Are They law. Compatible’ (2016) 133 SALJ 545. Business Rescue – Reg 4(1)(q) Content: Expected Outcomes Note to Trainer Definition & purpose of business rescue The candidate must understand the following: Summative assessments need to be Definition of financially distressed open book exams. How to accomplish business rescue a) How business rescue in Chapter 6 of Who may object to business rescue and the Companies Act is applied. the grounds of objection? b) How to assess whether a company is Trainers need to discuss the pros How an affected person applies to court financially distressed. and cons of business rescue and for an order placing a company under c) The advantages and disadvantages of ensure candidates know the extent supervision and commencing business business rescue generally. and effect of the moratorium on rescue proceedings. d) How an affected person applies to legal proceedings and the How a company may legally dispose of court to place a company under protection of the company’s its property while under business rescue. business rescue. property interests. GOVERNMENT GAZETTE, 3 APRIL 2020 The order of preference of creditors e) What is the effect of such an order? This gazette is also available free online at www.gpwonline.co.za when a company lacks money to meet its f) How to draft such founding affidavit. Candidates should know the debts. g) How to draft an answering affidavit general powers of business rescue against business rescue. practitioners. Effects of business rescue on contracts: h) Who has preference in claims against employees, shareholders and directors. the company under rescue? The rights and duties of the affected Rights of employees during business i) The effect on contracts, employees, persons from employees, directors, rescue. shareholders and directors. shareholders to creditors needs to Participation by creditors and holders of j) Who has a right to participation in the be understood generally. company securities. business rescue proceedings? Requirements of a business rescue plan. k) The requirements of a business rescue Finally, the implementation of a Implementing a business plan. plan. business plan must be understood Consequences for failure to implement l) How a plan is implemented and the as well as the consequences for the plan. consequences if it is not. default. 16 Constitutional law – Reg 4(1)(r) 6 3 9 Content: Expected Outcomes Note to Trainer Introduction to Constitutional law and The candidate must understand the following: Summative assessments need to be Customary law. For Customary Law see open book exams. the online course below at item 20. a) How to conduct a comprehensive Constitutional Law: consultation with clients before advising Candidates must have access to the Jurisdiction of our courts to hear on the Constitution. Constitution, 1996 and the constitutional matters. b) How to assess a constitutional issue. Constitutional Court Rules and the The 2013 change to the jurisdiction of c) How to draft applications in terms of the Uniform Rules of Court. the Constitutional Court. Rules of the Constitutional Court. Introduction to the Rules and Directives d) How to draft applications for leave to in the Constitutional Court. appeal to the Constitutional Court. Eleven ways to get to the Constitutional e) How to explain and give clients advice Court. about the remedies permitted ito the STAATSKOERANT, 3 APRIL 2020 Constitution. How to enforce Constitutional rights. How to advise clients about their Constitutional rights, duties and This gazette is also available free online at www.gpwonline.co.za obligations. How to apply Chapter 2 of the Bill of Rights and the limitations clause. How to apply the rest of the Constitution in giving advice to clients. No. 43192   75 17 Legal Technology (Online) – Reg 0 6 6 4(1)(s) Expected Outcomes Note to Trainers Content: This module represents an introduction to the This module must be presented by a 76   No. 43192 This module is intended to introduce use of technology in a 21st century law practitioner in a practice that makes candidates to the impact of technology practice. use of the latest technologies. on legal practice. Trainers must impress on Candidates must be aware of how a Candidates must understand how technology candidates that technology will modern legal practice is set up and what has changed how consumers access legal constantly influence how we work technologies avail practitioners. services. and serve our clients. Candidates must be made aware of how Candidates must be encouraged constantly to There will not be any summative technology has changed the way clients, keep up with the changes that flow from the assessments of this module. or consumers, access legal services. This increasing use of technology in our practices. must include how practitioners make use of technology to market their firms and remain relevant to their clients. 18 Introduction to practice 0 6 6 management (Online) – Reg 4(1)(t) Expected Outcomes Note to Trainers Content: This module is vital to candidates who seek This module must be presented by The role of management eventually to open their own practices. an experienced practitioner who Organisational behaviour started his or her own practice from GOVERNMENT GAZETTE, 3 APRIL 2020 Business plan scratch. Marketing This gazette is also available free online at www.gpwonline.co.za Financial management There will not be any summative Administration assessments of this module. Risk management Personal management Starting a practice The attorney and insurance 19 Introduction to Cyber law (Online) Expected Outcomes Note to Trainer 0 6 6 – Reg 4(1)(u) Content: Candidates will be able: Currently the cybersecurity course a) to make adequate decisions about the is an online course. Awareness of cyberattacks. technology required to sustain a Protective risk management strategy. reasonable measure of cybersecurity Summative assessments are done Data response plan. in the context of a law firm/practice, online during the course. Chapter 1: Technology b) to have a good grasp of the Chapter 2: Organisational processes organisational processes involved in a Chapter 3: Staff training law practice to maintain adequate Responsibility for personal/commercial cybersecurity, and, information. c) to have an appreciation of what is Specific cyber security tips. required to keep all staff in a law practice, in particular – oneself – up- The future of artificial intelligence as a to-date with the essential elements of boon and a threat to legal practitioners. cybersecurity. 20 Customary Law (Online) – Reg Expected Outcomes Note to Trainer 0 4 4 4(1)(v) Content: After having studied this study unit, Currently, the Customary Law candidates are able to: course is an online course. STAATSKOERANT, 3 APRIL 2020 Customary law in the context of the a) explain the concept customary law Constitution, 1996 b) differentiate between living customary Summative assessments are done The anomaly of the Bhe decision (living law and official customary law online during the course. This gazette is also available free online at www.gpwonline.co.za versus official customary law) c) differentiate between customary law Marriages ito customary law – section 15 and common law of the Constitution d) Analyse the significance of customary Language and culture – section 30 of the law in relation to the Constitution Constitution e) Give advice about customary law Traditional leadership – ss 211 & 212 of marriages. the Constitution f) Give advice about inheritance and succession under customary law. No. 43192   77 Social structure of indigenous g) Give advice about land and property communities rights. Succession and inheritance Land and property rights 78   No. 43192 21 Numeracy skills training – Reg 0 6 6 4(1)(w) Expected Outcomes Note to Trainer Content: After having studied this study unit, Be patient with candidates. There The numerical system candidates will be able to: is no exam for numeracy skills. Basic symbols and terminology in a) understand Roman numerals and mathematics writing and reading numbers; The trainer must be competent in b) The windows calculator, the ordinary teaching mathematics to adults. Using your calculator calculator and the scientific calculator; Basic calculations c) Addition, subtraction, multiplication There will not be any summative Order of calculations and division; assessments of this module. Rounding off d) Rounding off, fractions and the Substitution into formulae concept of the lowest common denominator; Introduction to fractions e) Adding, subtracting, multiplying and Adding and subtracting fractions dividing fractions. Multiplying and dividing f) Calculating interest and VAT; Fractions, decimals and percentages g) Understand proportions, ratios and Percentage increase and decrease proportional allocation; and GOVERNMENT GAZETTE, 3 APRIL 2020 h) Apportionment of damages. This gazette is also available free online at www.gpwonline.co.za Value Added Tax and averages Simple and compound interest Proportional allocation Introduction to ratios Comparing ratios Proportional allocation Apportionment of damages 22 Legal Costs – Reg 4(1)(x) Expected Outcomes Note to Trainer 6 0 6 Content: Section 35(4) of the Legal Practice Act After having studied this module, candidates Summative assessments may be provides that the SALRC must will be able to: done online during the course. investigate legal costs and report to the Minister within two years. Until then the a) explain the concept of legal costs; tariffs determined by the Rules Board for b) differentiate non-litigious matters and Courts of Law apply. litigious matters; In the interim the content of the module c) give a client an accurate estimate of is as follows: the costs of a matter concerning fees The concept of “legal costs” and disbursements to the sheriff, non-litigious matters counsel and expert witnesses (if any); civil litigious matters d) understand and apply the law about Early advice to client and estimate of contingency fees; costs e) understand the need to keep proper Estimate of fees and disbursements accounting records; Mandate f) understand the need to account to Taking a deposit client in terms of the mandate between Contingency fees client and attorney; Retainers g) understand the different costs orders Agreed fees and be able to explain the orders to a Ethics in relation to costs client; overreaching h) draw a bill of costs; STAATSKOERANT, 3 APRIL 2020 undercharging i) attend at taxation and give a useful recovery / attempted recovery of and meaningful response to the Taxing costs for work not strictly Master on items in the Bill of Costs. This gazette is also available free online at www.gpwonline.co.za necessary Keeping proper accounting records Failure to render accounts Different cost orders party and party costs attorney and client costs attorney and own client costs No. 43192   79 costs de bonis propriis wasted costs reserved costs / costs to stand over 80   No. 43192 costs in the cause costs of the day all costs/costs/taxed costs no order made / no order as to costs specific cost orders Settlement agreements Payments into court and tenders Cost consultants settling of bills of cost formal requirements for taxation notice of taxation taxability of costs appearance on taxation interest on a taxed allocatur consent to taxation Review of taxation GOVERNMENT GAZETTE, 3 APRIL 2020 This gazette is also available free online at www.gpwonline.co.za OPTIONAL COURSES The LPC will have to accredit institutions to provide the two options below. The LPC can anticipate applications for the options below. The structured course work and the norms and standards appear below. These courses will be attended by practitioners as well. 23 Optional courses: Expected Outcomes Note to Trainer a) Advanced Trial Advocacy – 5 days (40 hrs) This is a structured course as contemplated in The trial advocacy training will ensure that: The course requires formative assessments Section 25 (3) (a) of the LPA and rule 19.2. while candidates engage in mock trials. The programme must satisfy the requirement of a) Candidates appreciate and understand The trainer must identify the following six 40 hours, minimum. how to conduct trials with confidence steps during the training and require the despite their natural nervousness when candidate to repeat the drill. Advocacy is a performance skill. performing in court. 1. Headnote – a catchy phrase to The course is divided into four parts: the first b) Candidates will be able to assess facts identify only one fault in the two parts comprise theory: the last two parts are that are in their client’s favour and candidate’s performance. performances in a mock trial situation under against their client’s case. 2. Playback – repeat exactly the phrase supervision as indicated in the third column, c) Equally, candidates will be able to the candidate used which requires notice to trainers. assess facts that favour the other improvement. Part one, how to assess facts. Fact analysis. litigant in the case as well as facts that 3. Rationale – explain the nature of the Part two, how to adopt a strategy for trial, aka a do not favour the other litigant. problem and why the performance trial theory: a candidate will learn the essential d) Candidates will have a good grasp of needs improvement. difference between a leading question (for use in the Good fact – Bad fact assessment. 4. Prescription – a clear pithy statement STAATSKOERANT, 3 APRIL 2020 cross-examination) and a valid question in The model assesses good and bad facts of how the performance can be leading a witness (the who, what, when, where, for each party independently, first for improved. why, how and how much questions). the plaintiff and then for the defendant. 5. Demonstration – the trainer shows This gazette is also available free online at www.gpwonline.co.za Part three, performing in the mock trial as e) Candidates will be able to present an the candidate how to perform. counsel for plaintiff and/or defendant: one day a opening statement. 6. Replay – then candidates immediately candidate will be counsel for plaintiff, the next f) Candidates will be able to conduct an repeat the critical part of their counsel for defendant et cetera. examination-in-chief using, inter alia, performance to show they have Part four, cross-examination in a mock criminal the piggy-back or looping method. grasped the lesson. The replay must be law trial: all candidates will practice this session. g) Candidates will be able to conduct short and to the point. cross-examination in civil cases. The method requires all candidates to be No. 43192   81 The theory and mock trial performances deal h) Candidates will understand that leading present for each performance. Learning is with: questions are permissible ONLY in incremental and each candidate learns from • Opening statement cross-examination. other candidates’ performances. • Examination-in-chief i) Candidates will be able to conduct Candidates must also be witnesses in the 82   No. 43192 • Cross-examination (civil & criminal) cross-examination in criminal cases. mock trials while they are not performing as • Re-examination (to be avoided) The core duty in criminal cases is to counsel in the mock trial. Accordingly, • Final argument put the version of the accused to the candidates must read the trial exercises witnesses for the State. Failure to do so carefully and have a thorough recollection of NB: it is assumed that the candidates have an renders the accused at risk of being the role each witness plays in the mock trial. adequate knowledge of the rules of court, the found guilty as charged. NB the trainers will be responsible for both rules of evidence, how to draft pleadings and j) Candidates will understand why re- formative and summative assessments of the heads of argument, and a good grasp of ethics. examination is not advised. candidates. The standard of such assessment k) Finally, candidates will be able to must be approved by the LPC. It is also assumed that candidates will read the present a coherent final argument at the At the end of the training a candidate must trail exercises properly before attending the trial end of the trial. receive a certificate of competence in terms advocacy course. of Rule 19.2.4. b) Advanced drafting course – 5 days The Expected Outcomes Note to Trainers Content: Candidates must receive practical training in the Candidates are expected to have a working This module is an intensive course. following skills: knowledge of how to draft. Drafting Pleadings Encourage candidates to write on their own GOVERNMENT GAZETTE, 3 APRIL 2020 Candidates must receive training in the following An assessment must be made using an open from day one. We encourage the use of case disciplines: book format of examination combined with the studies. Give candidates a statement of fact This gazette is also available free online at www.gpwonline.co.za a) How to obtain the facts and documents; assignments completed during the course. and require them to draft particulars of claim b) How to sequence the facts and documents; on their own and without the assistance of c) How to contextualise the matter in law; This course must be done after the candidate precedents. d) Where to find the applicable law; completed the course on plain English writing. e) How to apply the law to the facts of the The candidate must also be part of the literacy Candidates are expected to draft particulars of case; programme which requires the candidate to claim in Contract and Delict. Each effort must f) How to work out the cause of action or read and complete one book per month. be assessed by a trainer and candidates must defence. be encouraged to repeat the draft until they get it right. This is time consuming and Drafting skills trainers are to impress upon candidates that With the use of case studies, candidates must they are expected to work long hours and at draft the following: home to complete case studies. a) Be able to write down the material facts of the case; The trainer for this module must have more b) Be able to recognise the material elements than 10 years’ experience or a comparable of the cause of action or defence; level of expertise in drafting for litigation. c) Be able to use this to prepare a rough draft of particulars of claim’; d) Draft particulars of claim with reference to the Uniform Rules and practice directives; e) Draft particulars of claim with reference to the peculiar facts of the case; f) Draft particulars of claim without reference to precedents. g) Be able to draft a plea with reference to the Uniform Rules and practice directives; h) Be able to draft a version setting out a defence to plaintiff’s claim. i) Candidates must be introduced into drafting statements of claim and statements of defence. STAATSKOERANT, 3 APRIL 2020 Motion Court Note to Trainers Candidates must learn the following skills: This gazette is also available free online at www.gpwonline.co.za This module requires trainers with at least 10 a) To assess the facts and the law to decide years of experience or a comparable level of whether a matter may be dealt with in an expertise in drafting motion papers. application rather than an action. When is a dispute of fact not capable of being We recommend the use of case studies where adjudicated on the papers? candidates must draft on their own under b) To draft notices of motion; including long supervision of a trainer. No. 43192   83 and short form notices as well as two-part notices of motion. A notice of motion in We recommend that one of the case studies search and seizure applications (Anton include drafting papers for an interdict. Piller). 84   No. 43192 c) To draft a founding affidavit. This must This is an intensive course and requires include the recommended layout in the intensive application by trainers. We therefore Uniform Rules and practice directives. recommend that no more than 20 candidates Candidates must learn how to set out the be accommodated per 5-day session. cause of action and the supporting evidence and be able to provide justification for the order sought. d) To draft an answering affidavit. The most effective layout must be explained including how to set out a version that will answer an applicant’s case. e) To draft a replying affidavit. It must be short and only drafted if strictly necessary. f) To know how to use annexures. Avoid bulky documents and ones not strictly necessary to support the deponent’s case. g) Candidates must know how to apply the Plascon-Evans test. Heads of Argument GOVERNMENT GAZETTE, 3 APRIL 2020 Candidates must be familiar with the layout and This gazette is also available free online at www.gpwonline.co.za method of drafting the different types of heads of argument (concise heads; comprehensive heads; main heads of argument (SCA) and written argument (CC)). The following must be in this module: a) The typical layout of heads of argument; b) The method to be used in Applications; c) The method to be used in Trials; d) The method to be used in Appeals and Reviews. e) Candidates must know how to draft chronology documents to be filed with heads of argument. Candidates must know the relevant Rules and practice directives; in particular regarding page limitations and the prohibition of copying and pasting from authorities. Writing Opinions Note to Trainers Candidates must learn how to set out and write It is recommended that candidates be given a an opinion. simple opinion to write under supervision of the trainer. Course content The following must be in this module: a) The modern method of setting out an opinion. b) Understanding the question. c) The need to answer the question and provide recommendations. STAATSKOERANT, 3 APRIL 2020 d) An efficient approach to legal research. e) How to write short opinions. f) How to justify your position with reference This gazette is also available free online at www.gpwonline.co.za to the facts and the law. No. 43192   85 General notes for the Legal Practice Council Candidate legal practitioners (candidates) must score a minimum of 50% to pass any assessment, formative or summative. 86   No. 43192 Some of the courses require experienced practitioners of at least seven to ten years’ experience in practice. However, practitioners with a comparable level of expertise, despite having served fewer years in practice, are welcome to assist with the training. Provision is made in the text above for trainers with comparable experience. GOVERNMENT GAZETTE, 3 APRIL 2020 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   87 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Current Curriculum Relevant Section in Recommendations content Legal Practice Act Chapter 1 – Introduction Bookkeeping and Accounting Rule 54.6 – A Legal In light of Rule 54 is seems as if Practitioner shall have the Legislature envisioned that an and keep Business and attorneys firm should go further Trust Account than to do the mere bookkeeping transactions as are of transactions (as described by necessary to enable the Rule 54.6.2) they should further firm to satisfy its have accounting records which is obligations in terms of the in line with IFRS and IFRS for Act, these rules and any SME’s (Rule 54.6) and Records other law with respect to showing all assets and liabilities the preparation of (Rule 54.6.1). Practitioners need financial statements that an understanding that there is a present fairly and in reporting standard; but are not accordance with expected to actually comply Acceptable financial themselves. An accountant will reporting framework in prepare the books accordingly. South Africa Rule 54.6.1. Records showing all assets and liabilities as required in terms of Section 87 Rule 54.6.2 Records containing entries from day to day of all moneys received and paid by it on its own account What is a Business? Section 34(5) This is still relevant and explains that a Legal Practitioner can act on their own account, as part of a juristic entity, Law Clinic, Legal Aid, State. It also gives the forms of business enterprise for the previously known “Advocates”. Difference between owner and In this section we might take the Business opportunity to introduce the Personal Finance Management as suggested and perhaps include budgets, cash flow forecasts on a personal finance level. This will also reduce the risks associated with maintaining Trust Accounts. The Bookkeeping Process This is still very relevant and must be included in the curriculum as it explains the double entry bookkeeping system. The Cash Book Rule 54.6.2 for recording This is the starting point of all Day to day transactions; Cash transactions and must be Rule 54.8 Keeping Trust explained to students and Business accounts separate This gazette is also available free online at www.gpwonline.co.za 88   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Balances Brought Down This is the balancing of T- Accounts and will have to be explained to students to get an understanding of what is balance of an account at the end of the month. The current teaching of T- accounts is outdated and must be replaced with a more modern or relevant accounting system such as Excel using a debit and credit column. Debit and Credits This also needs to be explained as students will have to complete the double entry bookkeeping system which started with the Cash book. Chapter 2 – Cash Book Rule 54.6.2 ; Rule 54.14.13, Rule 54.14.14 Basic cashbook principals, This is still very relevant as this is recording transactions the first leg of the double entry bookkeeping system and the starting point of writing up transactions where movement of money is involved. We would however like to see that the notes make mention of the different types of deposits that we get, for example credit cards, perhaps discuss the do’s and don’ts for cell phone banking, electronic payments and banking apps etc. Instead of cheques. Balancing of cash books Still relevant Bank reconciliation statements Still relevant for purposes of and Supplementary Cash books understanding why one needs to do this. But needs to be revised in the light of available software. Extracting a list of Trust Creditors Rule 54.15.1, Rule This is very important to ensure 54.14.8 that you always have enough money in your Trust Account to cover your liabilities towards clients. The current notes have to be revised to emphasise the importance of this. Chapter 3 – Petty Cash How to record petty cash This is still being used in practice and students should know how to implement internal controls to manage petty cash correctly. They require the theory. Chapter 4 – Journals Chapter 6 – Transfer Journal and Transfer Procedures This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   89 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Transfer journals Rule 54.14 Internal This is an important aspect of Controls- Rule 54.14.12 attorneys bookkeeping as the Trust moneys will now be transferred into your Business account and could create a Trust deficit if you are not careful. Trust Journals How to deal with Trust errors and with transactions where money should be transferred from one client to another within the practice Fee Journals Section 35 Fees will become even more important as we move forward under the LPA. Section 35 (which is not in effect yet) will prescribe tariffs for attorneys. Further we need to also include contingency fees and the practical working thereof under this heading. (Section 35(12)) We would also like to see a section on time management and the recording of time as a Legal Practitioner as well as how to deal with your time on Pro-Bono matters. Chapter 5 - Ledgers As these are the books of secondary entry, the practitioners need to understand this process to give effect to the double entry bookkeeping system and therefor this should also be kept in the curriculum. Chapter 6 – Transfer Journals (as discussed under Chapter 4) Chapter 7 – Value Added Tax This is still a very relevant topic and should be included in the curriculum as it also goes hand- in-hand with fees as well. Chapter 8 - Investments Section 86(3); section Investments on behalf of the 86(4) and Section 55 LPFF and for the client’s benefit should still be discussed in detail and we would put a little more emphasis on the theory aspect thereof as well. Further with regards to Section 55 Investment Practices, I think we should discuss this in more detail in the notes and especially the FAIS requirements thereof. Chapter 9 - Conveyancing This is still a very relevant and important part of attorneys’ practices and also the area where there is a lot of risk involved. The practical writing up of the accounts are still relevant as well This gazette is also available free online at www.gpwonline.co.za 90   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT as the theoretical aspect thereof. We intend to include due diligence for purposes of transferring funds and making payments to client. Avoids fraud. Chapter 10 – Correspondent Code of Conduct; Part III This will still need to be Transactions Conduct of Attorneys; addressed in the notes however Rule 12 Sharing of fees; the notes have to be amended to Rule 14 Payment of reflect the current practice in commission; Rule 19 appointing correspondents. In particular Practitioners need an understanding of how fees and disbursements are managed when a correspondent is engaged. Fee sharing and payment of commission as well as pro-bono work should be dealt with under this heading. Chapter 11 - Theory This chapter in the current curriculum discusses the theory surrounding all of the above, however we find that students hardly ever go through this chapter in preparation for the exam. We would prefer if the theory is included in the relevant sections before the practical writing up of the books are done for the specific topic. Our Remarks 1. In our view the content of the curriculum is still very relevant to the Legal Practice act and complies with the Act and rules. 2. It is our opinion that the current notes should be modernised and maybe be reorganised to some extent to get the students to buy into the fact that practitioner’s accounts management is still relevant for purposes of conducting a practice. We further propose the 3. It is further our opinion following be dealt with: that the Assessment method should perhaps a) Trust and Business be changed. We would concepts and the suggest that the written understanding thereof, exam should place more which includes the emphasis on the theory identification of Trust and part of the curriculum Business funds, and then there should transactions and ledger be an online assignment accounts. where students should This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   91 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT b) The concepts of Value, write up a set of books (money, goods and in Excel by recording services). transactions as per case c) Accounting for study which would be disbursements. provided. d) Accounting to clients. This can be part of the e) The trust reconciliation formative assessment. statement. f) Compliance with the Act and Rules. g) Personal Injury and accident claims matters. h) Administration and collection matters. i) Litigation (high court and magistrates court) matters. This gazette is also available free online at www.gpwonline.co.za 92   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure F APPEAL AGAINST THE DECISION BY THE LEGAL PRACTICE COUNCIL NOT TO GRANT THE APPLICANT ACCREDITATION AS A TRAINING INSTITUTION Name of Appellant (Applicant): Date of application for accreditation: Date of decision by the Legal Practice Council: Attach the reasons given by the Legal Practice Council: Attach the grounds for the appeal: Date and signature of receipt by the Appeals Committee: Appeal case number allocated upon receipt: The Appellant (Applicant) will receive the decision of the Appeals Committee within twenty business days of the receipt of the appeal by the Appeals Committee. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   93 LEGAL PRACTICE COUNCIL NOTICE 227 OF 2020 227 Legal Practice Act (28/2014) as amended: Application for accreditation to present practical vocational training structured programmes 43192 NATIONAL OFFICE Thornhill Office Park Building 20 94 Bekker Street Vorna Valley, Midrand 1686 Tel: 010 001 8500 Date: 23 March 2020 THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL NOTIFICATION FOR COMMENT: APPLICATION FOR ACCREDITATION TO PRESENT PRACTICAL VOCATIONAL TRAINING STRUCTURED PROGRAMMES All interested parties are invited to comment on the draft Guidelines for application for accreditation to be made to the South African Legal Practice Council (“Council”) to present the Practical Vocational Training (“PVT”) structured programmes for the year 2021 and thereafter. The draft Guidelines are published herewith for comment. All interested parties are called upon to submit their comments to Council in writing within a period of 30 days from the date of publication of this notice. All comments must be sent by email to [email protected] on or before 03 May 2020. SIGNED AT PRETORIA THIS 23rd DAY OF MARCH 2020 Ms Hlaleleni Kathleen Dlepu Chairperson: Legal Practice Council EXECUTIVE COMMITTEE: Ms Kathleen Matolo-Dlepu (Chairperson) │Adv Anthea Platt SC (Deputy Chairperson)│ Adv. Greg Harpur SC │Ms Trudie Nichols │Mr Lutendo Sigogo │Mr Jan Stemmett │Adv. Phillip Zilwa SC Executive Officer: Ms Charity Nzuza This gazette is also available free online at www.gpwonline.co.za 94   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 PROGRAMME OF STRUCTURED COURSE WORK THE NORMS AND STANDARDS APPROVED BY THE LEGAL PRACTICE COUNCIL APPLICATION FOR ACCREDITATION This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   95 LEGAL PRACTICE COUNCIL Applications for Accreditation to present the programme of structured course work for Practical Vocational Training GENERAL GUIDELINES The requirements for the transformation and restructuring of the legal profession are set out in the Legal Practice Act. Central to this is the building of a legal profession that broadly reflects the diversity and demographics of South Africa, and is accountable, efficient, and independent, and upholds the rule of law, the administration of justice and the Constitution of the Republic (section 5 of the Legal Practice Act). The building of such a system necessitates, among other things, the promotion of high standards of legal education and training, compulsory post-qualification professional development, continuing legal education and trial advocacy training not only in public universities, but also in organisations and institutions accredited by the Legal Practice Council: such courses need to be accessible and sustainable training courses for law graduates aspiring to be admitted and enrolled as legal practitioners having due regard to our inherited legacy and the aspirations of the new constitutional dispensation. The accreditation of training institutions and organisations applies only to those institutions that offer training programmes that contribute to the qualification of legal practitioners and candidate legal practitioners. Accreditation means that an institution is granted the legal authority to offer duly accredited programmes. The aim of accrediting these training institutions and individuals is to ensure that- (a) all accredited institutions offer a high quality of legal education as determined by the norms and standards applied by the Legal Practice Council; (b) all accredited institutions provide accessible and sustainable training of law graduates aspiring to be admitted and enrolled as legal practitioners; (c) all accredited institutions have the resources, capacity and expertise to deliver accredited programmes; (d) all accredited institutions will develop programmes in order to empower historically disadvantaged legal practitioners, as well as candidate legal practitioners; (e) all accredited institutions warrant that the candidate legal practitioners trained by them have attained an adequate level of competence as determined in the rules, for admission and enrolment as legal practitioners; and, (f) the system continues on a path of transformation in accordance with the design of the Legal Practice Act and complementary government policy and regulation. Accreditation can be seen as a means of protecting the integrity of the legal system and the interests of the public and the Constitution of the Republic. This gazette is also available free online at www.gpwonline.co.za 96   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Chapter 2 of the Legal Practice Act deals specifically with training organisations and institutions. The Regulations for the accreditation of such institutions, of which this guide and the application form are an appendix, provide the legal framework within which the Legal Practice Council is required to regulate the accreditation of private institutions. Section 6 of the Legal Practice Act empowers the Council to provide financial support to organizations or institutions providing legal education and training. Accordingly, as part of their application for accreditation, training institutions and organizations are required to include an application for any funding required, and to furnish a full breakdown of that funding, what it pertains to, the items in respect of which it is estimated that funding will be spent, and the estimated amount per trainee that is requested compared with the estimated cost per trainee of providing the accredited training. MORE SPECIFIC GUIDELINES Introduction These are the guidelines for prospective applicants desiring to apply for accreditation to the Legal Practice Council (“the Council”). All interested parties must apply for accreditation to the Council to present the Practical Vocational Training (“PVT”) structured programmes for the year 2021 and thereafter. Those parties who have already received accreditation for the year 2020 must treat such accreditation as valid only for this year. Accreditation henceforth will be valid for two years and must be renewed biennially. The Council may withdraw accreditation at any time should an applicant fail to abide by the terms of the accreditation. The Guidelines The purpose of these guidelines is to assist applicants to apply for accreditation. The guidelines are the following: • In Part A the application process is set out: this includes the prescribed forms to be completed. Part A commences with the logistical requirements and contains the minimum standards applicants have to meet. • The logistical requirements stipulated by the Council will be subject to verification and inspection by officials from the Council. • Applicants must submit details of their proposed trainers and presenters. The Council provides minimum standards and guidelines for teaching and training methods. • In Part B the required curriculum and details of the course work are set out. Applicants must comply with the structured course work approved by the Council. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   97 • The Council will approve or reject the applicant’s curriculum and course content. Applicants must comply with the Council’s norms and standards set out below. • Applicants have a right of appeal should the Council not accredit such applicant as a training institution. PART A Logistical Requirements All applicants will have to meet the following requirements: a) There must be a comfortable teaching and learning environment; b) There must be a classroom or lecture venue capable of accommodating the number of candidates the applicant wishes to train; c) The classroom must be capable of being used as a moot court; d) The availability of break-away rooms for candidates to work on case studies. Provision must be made for at least 4 small break-away rooms; e) There must be access to basic text books and relevant legislation; f) There must be access to the internet for research purposes; g) The lecture room must be fitted with data projectors and screens with audio facilities; h) A computer room must be established to assist candidates to use technology; i) There must be access to refreshments; j) Ablution facilities must be provided; k) A rest area must be provided. Site Visits Applicants are informed that the Council will conduct site visits, upon reasonable notice to the training institution, to verify that minimum standards are met. Training and Teaching Personnel The Council will require that all teaching and training personnel be drawn from the ranks of experienced practitioners. Applicants will be required to provide full details of all trainers and teachers to be deployed. All trainers and teachers are expected to meet the norms and standards published by the Council. Minimum standards for teaching methods are stated below in Part B. Non-Refundable Fee Applicants will be expected to pay the following fees: a) A non-refundable fee to be paid on application for accreditation; and b) A non-refundable fee to be paid on annual renewal of accreditation. This gazette is also available free online at www.gpwonline.co.za 98   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 c) The fee payable on application for accreditation is R5 000 and must accompany the application. Absent payment, the application will not be processed. d) The fee payable for any renewal is R2 500 and must accompany applications for renewal of accreditation. e) All fees will be subject to review by the Council. Application Form Applicants should complete the Application Form after having read these Guidelines. The Application Form is a separate document appended at the end of the Guidelines. See the document entitled APPLICATION FOR ACCREDITATION AS A TRAINING INSTITUTION (In terms of s 6(5)(g) of the Legal Practice Act 28 of 2014). PART B Curriculum and Structured Course Work All applicants are required to provide details of the structured course work to be offered to candidate legal practitioners. The following is expected: a) A full description of every course on offer with details of the course content; b) Applicants must produce and present their course materials and manuals. Note, course materials must be written by the applicants. c) Applicants must present a timetable for the whole PVT programme, indicating the required hours of study and how those hours are earned. There must be an indication of how many hours of class study, case studies, independent study and on-line study are proposed. d) The applicant is expected to provide a brief and clear statement of what the candidate can expect to achieve on successful completion of each course (outcomes). e) Applicants must satisfy the Council that they can comply with the norms and standards. The Council will assess the teaching methodology. Guidelines for Teaching Methods The following are the basic guidelines for teaching and training candidate legal practitioners (“candidates”) in the PVT programme and optional programmes. This is not an exhaustive list: applicants are encouraged to develop their own training methods. Please note: the Council does not expect applicants to redo the LLB. a) An appropriate and well-managed presentation; reading to candidates from books and legislation serves no practical purpose; b) Instructors must remain relevant to the content being dealt with; This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   99 c) Instructors must focus on the candidates’ understanding of the concepts and how to apply this in practice; d) Instructors must engage candidates by asking questions and calling for comment: candidates must be encouraged to ask questions and participate; e) Instructors must impress upon candidates that any drafting assignments be carried out without assistance and without the use of precedents; f) The course must be subdivided into appropriate units, lessons or modules; g) A sequential exposition is a must, with new material building on previous material; h) The use of a variety of approaches, including summaries, visual material and illustrative examples to illuminate particular concepts is encouraged; i) All instructors are to make candidates aware of recent judgments and amendments to legislation; and j) The inclusion of clear instructions to guide candidates through the material. k) Applicants must produce an assessment questionnaire for candidates who must complete the questionnaire at the end of each course. Such questionnaires must be filed and made available to the Council. Fees for Training the PVT Programme Applicants who intend to charge fees for attendance at PVT programmes must disclose the amount in their application. Proposed fees are subject to Council approval. Accreditation for Single Subjects or Coursework Applicants may apply for accreditation to provide training and teaching for specialised courses and not necessarily the whole PVT programme. Applications may be made for training of candidates and admitted legal practitioners for certain specialised programmes. a) The following is a list of such specialised courses: - Trial Advocacy - Legal Writing (for dispute resolution) - Drafting commercial contracts - Accounts management - Business practice and management - Wills and estates - Conveyancing - Notaries b) The courses above are typically three to five-day courses and are intensive. The course content and norms and standards are set by the Council. Applicants are expected to provide full details of the curriculum, coursework and outcomes. c) Applicants must disclose the fees for such training in the application: the fees are subject to approval by the Council. This gazette is also available free online at www.gpwonline.co.za 100   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Financial Information The Council must be satisfied, at least for the period that accreditation is sought, that the applicant is financially capable of sustaining the training programme. Accordingly, relevant financial information is required from applicants in the application form. Although audited financial statements are not required as part of the application, the Council reserves the right to request audited financial statements should it deem such to be necessary. Quality Control The Council is mandated to carry out oversight regarding the quality of training provided by applicants. Applicants are informed of the following: a) A programme of quality control and oversight measures will be determined by the Council and published to all interested parties. b) Applicants will be subjected to regular inspection; c) Council staff will attend programmes; d) Poor or indifferent quality will result in termination of accreditation. e) The Council is committed to continuous improvement. Applicants are encouraged actively to improve course contents and training methods. The Council will release regular notices or newsletters to deal with new training materials and how to deal with changes and updates to the law and practice. NORMS AND STANDARDS Regulations 6(11) and 7(10) required the Council to provide training standardised in terms of norms and standards for the structured PVT coursework. The anticipated regulation 4 requires likewise. The document, setting out the required norms and standards, is annexed to these Guidelines. All applicants for accreditation are expected to meet such standards. Applicants are advised to prepare their applications for accreditation based on the norms and standards published by the Council. Certificate of Accreditation The Council will issue all successful applicants for accreditation with a certificate of accreditation. The certificate will contain the date of issuance of accreditation and the time period during which the certificate remains valid. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   101 APPLICATION FOR ACCREDITATION AS A TRAINING INSTITUTION (In terms of s 6(5)(g) of the Legal Practice Act 28 of 2014) Note: Applicants must consult the document: A Guide for Completing the Application for Accreditation as a Training Institution. A ADMINISTRATIVE DATA 1 Legal name of the applicant 2 Particulars of authorised contact person or key individual (a) Name (b) Designation of contact person (e.g. Ms, Mr, Dr, Prof, etc.) (c) Telephone number (d) Email address 3 Postal address of the applicant Code 4 Physical address and contact details of the applicant’s main office Code Telephone E-mail address 5 Website address (if any) This gazette is also available free online at www.gpwonline.co.za 102   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 B COMPANY, VOLUNTARY ASSOCIATION OR OTHER PERSON 7 Legal name of the applicant (same as in Item 1) 8 Official trading name, abbreviation, acronym or translation (if applicable) 9 Type of juristic person (if a voluntary association – universitas personarum – attach its constitution) 10 Company registration number (if applicable) 11 Particulars of the Management (a) Chief Executive Officer or head of the training institution (i) Name (ii) Title (iii) Identity number (passport number and citizenship if not South African) (iv) Telephone number including cellular phone number, if available This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   103 (b) Names and identity numbers of all the applicant's current directors or key individuals Surname & Initials Title Designation Identity Number Passport number 12 Details of the applicant's accountant or accounts manager (a) Name of the applicant's auditor 13 Tax and business registration details (a) VAT Registration Number (if applicable) (b) Income Tax Number (if applicable) 14 Applicant’s proposed tuition fees Tuition fees Are fees to be charged? Amount LPC check of the Training Institution Yes No Tuition fees for the whole State the amount of the fee for the course whole course Tuition fees for each course State the amount of the fee per charged separately course 15 Payment of the non-refundable LPC fee for the accreditation application/renewal application Payment to the Legal Practice Date paid LPC check Council Application for whole course R 5,000.00 accreditation Application for renewal R 2,500.00 Application for select courses Amount to be determined by the accreditation LPC Application for renewal Amount to be determined by the LPC This gazette is also available free online at www.gpwonline.co.za 104   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 C PARTICULARS OF LEARNING PROGRAMMES 16 Table 01: Programmes submitted to the LPC for accreditation in terms of the Legal Practice Act: On 26 October 2019 the LPC approved the Norms and Standards of the course content set out below in the left column of Table 01. Regulations published in GG No. 41879 on 31 August 2018 concerning legal practitioners qualifying as attorneys or advocates, with or without fidelity fund certificates – are to be read in conjunction with the approved course content of the practical vocational training programme. To compare the course names, see Annexure C. Name of programme in the Norms and List of Mode of Language Minimum Contact with Standards approved by the LPC on 26 course delivery of duration students October 2019 names instruction in hours Taking Instructions and Obtaining a Mandate 1 Full- Part- time time Plain language Writing and Analytical 2 Thinking Drafting Legal Documents – Pleadings & 3 Motions Ethics for legal Practitioners 4 Civil Procedure & Trial Advocacy 5 Criminal Court Practice & Trial Advocacy 6 Insolvency practice 7 Drafting of Contracts 8 Matrimonial Matters & Divorce 9 Delictual Claims Including Personal Injury 10 Claims Legal Practitioners Accounts Management 11 Labour Dispute Resolution 12 Alternative Dispute Resolution 13 Wills and Estates 14 Introduction to e-commerce and application of 15 ECTA including the use of electronic signatures Basic Business Transactions Business Rescue Constitutional law 16 Legal Technology (Online) 17 Introduction to practice management (Online) 18 Introduction to Cyber law (Online) 19 Customary Law (Online) 20 Numeracy skills training 21 Legal Costs 22 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   105 Table 02: Optional courses Name of programme Section Mode Language Minimum Contact with (see Guide) and Rules of of duration students delivery instruction in hours Trial advocacy training programme Five-day course Full- Part- (40 hours) time time Advanced drafting course Five-day course (40 hours) Table 03: Proposed sites for programme delivery Physical address Programmes to be delivered This gazette is also available free online at www.gpwonline.co.za 106   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 D STAFF AND STUDENT DATA 18 Table: 04: Total staff expected to be employed and students to be registered for practical legal training programmes during the first year of operation. The data should be expressed as headcount only. First intake Second intake Third (if any) Students Academic / head office staff Full-time Part-time Support staff Full-time Part-time Service staff Full-time Part-time E FINANCIAL VIABILITY REPORTS AND LEGAL DOCUMENTS 19 ANNEXURE A: Annual financial statements. 20 ANNEXURE B: Occupational health and safety compliance audit report. F DETAILS OF THE COURSE CURRICULA FOR THE APPROVED PROGRAMME 21 ANNEXURE C: Table to compare the LPC 26 October 2019 approved practical vocational training programme with regulation 6 and 7 of R. 921 GG No. 41879, 31 August 2018 22 ANNEXURE D: Programme of structured course work. Norms and Standards approved by the Legal Practice Council on 26 October 2019 23 ANNEXURE E: Accounting course. Norms and Standards approved by the Legal Practice Council on 26 October 2019 24 ANNEXURE F: Appeal Form in the event an Applicant is aggrieved by a decision of the Legal Practice Council. The Council will give reasons for the decision not to accredit an Applicant as a training institution. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   107 I, ____________________________________________ declare that this application and the documents and electronic documents submitted as evidence in part of this application are the rightful property of the training institution. I accept the terms and conditions of the application and grant permission to the Legal Practice Council to proceed with the invoicing and evaluation of this application. ________________________ __________________ SIGNATURE DATE This gazette is also available free online at www.gpwonline.co.za 108   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 ANNEXURE A 1 (a) Annual financial statements For purposes of applying for accreditation as a training institution, the applicant must prepare and submit the annual financial statements for the previous financial year. The preparation and presentation of the financial statements must comply with the requirements of the the Companies Act 71 of 2008 and the Statements of GAAP. The financial statements must include the following: - Accountant’s report - Directors' report - Balance sheet - Income statement - Cash-flow statement - Summary of accounting policies - Notes to the financial statements The accountant’s report referred to above must comply with the following requirements: (i) The accountant’s report In the report, the accountant must express his/her opinion on the appropriateness of the management’s use of the going concern assumption in their preparation of the applicant’s financial statements. The accountant’s report must be available for public scrutiny. Further, the accountant must indicate whether or not he/she concurs with the directors’ Financial Viability Statement referred to below. (ii) Directors’ report Any matter not dealt with in the balance sheet, statement of changes in equity, income statement, cash- flow statement or notes thereto, must be dealt with in the directors’ report. Any post-balance sheet event that is material to the appreciation of the financial position of the applicant, its changes in equity, and the results of its operations and cash flows must also be tabled in the directors’ report. Ideally the report should include, but not be limited to, the following aspects: - Directors and secretary - Principal activities/Nature of business - Directors’ responsibilities - Going concern assessment - Operating results - Dividends (if any) - Review of operations o Revenue o Profit before tax - Share capital - Post-balance-sheet events The text of the current document is is drawn from the Regulations for the Registration of Private Higher Education Institutions, 2003: Annexures GN R335 of 2003 GG 24976 of 28 Feb 2003: F FINANCIAL VIABILITY REPORTS AND LEGAL DOCUMENTS at ITEM 29. So, the Council needs to consider the replacement of the auditor with an accountant. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   109 - Financial viability statement The Chief Executive Officer, or an official of similar standing, must sign the directors’ report. (b) Three-year financial forecasts A new applicant who has not previously operated in any form whatsoever, must submit a three-year financial forecast drafted by the applicant’s accountant. The three-year financial forecast must consist of the following: (a) Accountant's report (b) Detailed assumptions (c) Balance sheet (d) Pro forma income statements for three years (e) Pro forma cashflow statements for three years (f) Explanatory notes to the financial forecasts (aa) Detailed assumptions These assumptions should serve as the basis for all the figures and calculations done in the pro forma statements. (bb) Balance sheet This statement must, on analysis, be in a position to provide answers to the following questions: - What assets does the applicant own? - How much does the applicant intend investing in the proposed operations? - What are the applicant’s sources of funding? - What is the proportion of debt to be incurred vis-a-vis own capital/equity? (cc) Pro forma income statements These statements must, on analysis, be able to show all the sources of the applicant’s income and the amounts to be generated from each source. They must further indicate how the applicant is to meet the following funding requirements (start-up expenditure line items): - Capital costs - Classroom furniture and equipment - Library facility - Student support services - Student financial aid - Research - Quality assurance and quality promotion - Professional fees (legal, financial, etc.) - Costs for developing tuition materials - Systems design, purchase and implementation - Promotion/Advertising/Marketing Costs - Furniture This gazette is also available free online at www.gpwonline.co.za 110   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 - Electronic equipment (teaching and learning) - Vehicles - Staff recruitment - Staff salaries - Rent - Travel - Recreation - Telecommunications - Office consumables, etc. (dd) Pro forma cash flow statements These statements must indicate how much, during the first three years of operation, the applicant expects to- - generate for/from operating activities; - generate for/from investing activities; and - generate for/from financing activities. (ee) Explanatory notes Aspects that have not been dealt with as part of Assumptions, should be clearly explained in this section. Where applicable, this section should include, but not be limited to, the explanation of the following: - Dividend policy (if any) - Financing terms and conditions - VAT treatment, etc. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   111 ANNEXURE B Applicants are referred to the legislation below and are expected to comply; with particular reference not only to employees but also to candidate legal practitioners in attendance Occupational Health and Safety Act 85 of 1993 8 General duties of employers to their employees (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. (2) Without derogating from the generality of an employer’s duties under subsection (1), the matters to which those duties refer include in particular- (a) the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health; (b) taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment; (c) making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances; (d) establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures; (e) providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees; (f) as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken; (g) taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used; (h) enforcing such measures as may be necessary in the interest of health and safety; (i) ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and (j) causing all employees to be informed regarding the scope of their authority as contemplated in section 37 (1) (b). This gazette is also available free online at www.gpwonline.co.za 112   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 ANNEXURE C: HOW TO UNDERSTAND THE APPROVED PROGRAMME NAMES Table A shows the PVT courses from the perspective of the LPC approval dated 26 October 2019. Table B shows the PVT courses from the perspective of Regulation 6 (candidate attorneys) and Regulation 7 (pupils). Table A Name of programme in the List in Names in regulations Regulation Names in regulations Regulation Norms and Standards Annex B section section approved by the LPC on 26 numbers numbers October 2019 Taking Instructions and 1 Obtaining a Mandate Plain language Writing and 2 Analytical Thinking Drafting Legal Documents – 3 Legal writing and drafting 7(9)(g) Pleadings & Motions Ethics for legal Practitioners 4 Professional legal ethics 6(10)(b) Professional conduct & 7(9)(f) legal ethics of advocates Civil Procedure & Trial 5 High Court practice 6(10)(d) Advocacy skills, including 7(9)(b) Advocacy trial & motion court proceedings & attendance of court proceedings Magistrate’s Court practice 6(10)(e) Civil procedure 7(9)(d) Criminal Court Practice & 6 Criminal Court practice 6(10)(f) Criminal procedure 7(9)(e) Trial Advocacy Insolvency practice 7 Drafting of Contracts 8 Drafting of contracts 6(10)(m) Matrimonial Matters & 9 Matrimonial law 6(10)(k) Divorce Delictual Claims Including 10 Personal injury claims 6(10)(c) Personal Injury Claims Legal Practitioners Accounts 11 Attorneys’ bookkeeping 6(10)(i) For pupils intending to be 7(9)(a) Management admitted as advocates referred to in section 34(2)(b) of the Act, bookkeeping as contemplated in regulation 6(10)(i) Labour Dispute Resolution 12 Labour dispute resolution 6(10)(g) Alternative Dispute 13 Alternative dispute 6(10)(h) Alternative dispute 7(9)(c) Resolution resolution resolution Wills and Estates 14 Wills and estates 6(10)(j) Introduction to e-commerce 15 and application of ECTA including the use of electronic signatures Constitutional law 16 Constitutional practice 6(10)(a) Constitutional law & 7(9)(h) Customary law Legal Technology (Online) 17 Introduction to practice 18 Introduction to practice 6(10)(o) management (Online) management Introduction to Cyber law 19 Information & 6(10)(n) (Online) communication technology 7(9)(i) for practice, and associated aspects of cyber law Customary Law (Online) 20 Numeracy skills training 21 Legal Costs 22 Legal costs 6(10)(l) Trial advocacy training 25(3)(a)(i) programme Rule 19 Post-qualification 5(h), professional development 6(1)(a)(ix), & (5)(e),(g) Continuing education and 6(5)(e) training This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   113 Table B Name of programme in the Regulations Regulations Name of programme in the Norms and List in Reg 6 listed from Standards approved by the LPC on 26 October Annex B (10)(a) to (o) with Reg 2019 7 integrated into the sequence of Reg 6. Taking Instructions and Obtaining a Mandate 1 Plain language Writing and Analytical Thinking 2 Insolvency practice 7 Introduction to e-commerce and application of 15 ECTA including the use of electronic signatures Legal Technology (Online) 17 Customary Law (Online) 20 Numeracy skills training 21 Constitutional practice 6(10)(a) Constitutional law 16 Constitutional law & Customary law 7(9)(h) Constitutional law 16 Customary Law 20 Professional legal ethics 6(10)(b) Ethics for legal Practitioners 4 Professional conduct & legal ethics of 7(9)(f) Ethics for legal Practitioners 4 advocates Personal injury claims 6(10)(c) Delictual Claims Including Personal Injury Claims 10 High Court practice 6(10)(d) Civil Procedure & Trial Advocacy 5 Advocacy skills, including trial & motion court 7(9)(b) Civil Procedure & Trial Advocacy 5 proceedings & attendance of court proceedings Magistrate’s Court practice 6(10)(e) Civil Procedure & Trial Advocacy 5 Civil procedure 7(9)(d) Civil Procedure & Trial Advocacy 5 Criminal Court practice 6(10)(f) Criminal Court Practice & Trial Advocacy 6 Criminal procedure 7(9)(e) Criminal Court Practice & Trial Advocacy 6 Labour dispute resolution 6(10)(g) Labour Dispute Resolution 12 Alternative dispute resolution 6(10)(h) Alternative Dispute Resolution 13 Attorneys’ bookkeeping 6(10)(i) Legal Practitioners Accounts Management 11 For pupils intending to be admitted as advocates 7(9)(a) Legal Practitioners Accounts Management 11 referred to in section 34(2)(b) of the Act, bookkeeping as contemplated in regulation 6(10)(i) Wills and estates 6(10)(j) Wills and Estates 14 Matrimonial law 6(10)(k) Matrimonial Matters & Divorce 9 Legal costs 6(10)(l) Legal Costs 22 Drafting of contracts 6(10)(m) Drafting of Contracts 8 Legal writing and drafting 7(9)(g) Drafting Legal Documents – Pleadings & Motions 3 Information & communication technology for 6(10)(n) Introduction to Cyber law (Online) 19 practice, and associated aspects of cyber law 7(9)(i) Introduction to practice management 6(10)(o) Introduction to practice management (Online) 18 This gazette is also available free online at www.gpwonline.co.za 114   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Table C Name of programme in the List in Names in new regulations Regulation Norms and Standards Annex B about to be published section 4(1) approved by the LPC on sub- 26 October 2019 paragraphs Taking Instructions and 1 taking instructions and (a) Obtaining a Mandate obtaining a mandate Plain language Writing and 2 plain language writing and (b) Analytical Thinking analytical thinking Drafting Legal Documents – 3 drafting legal documents - (c) Pleadings & Motions pleadings and motions Ethics for legal Practitioners 4 ethics for legal practitioners (d) Civil Procedure & Trial 5 civil procedure and trial (e) Advocacy advocacy Criminal Court Practice & 6 criminal court practice and (f) Trial Advocacy trial advocacy Insolvency practice 7 Insolvency practice (g) Drafting of Contracts 8 drafting of contracts (h) Matrimonial Matters & 9 matrimonial matters and (i) Divorce divorce Delictual Claims Including 10 delictual claims, including (j) Personal Injury Claims personal injury claims Legal Practitioners Accounts 11 legal practitioners’ account (k) Management management Labour Dispute Resolution 12 labour dispute resolution (l) Alternative Dispute 13 alternative dispute resolution (m) Resolution Wills and Estates 14 wills and estates (n) Introduction to e-commerce 15 introduction to E-commerce (o) and application of ECTA and application of the including the use of Electronic Communications electronic signatures and Transactions Act, 25 of 2002, including the electronic signatures basic business transactions (p) business rescue (q) Constitutional law 16 constitutional law (r) Legal Technology (Online) 17 legal technology (online) (s) Introduction to practice 18 introduction to practice (t) management (Online) management (online) Introduction to Cyber law 19 introduction to cyber law (u) (Online) (online) Customary Law (Online) 20 customary law (online) (v) Numeracy skills training 21 numeracy skills training (w) Legal Costs 22 Trial advocacy training 25(3)(a)(i) programme Rule 19 Post-qualification 5(h), professional development 6(1)(a)(ix), & (5)(e),(g) Continuing education and 6(5)(e) training This gazette is also available free online at www.gpwonline.co.za ANNEXURE D Programme of structured course work Norms and Standards : Regulation 4(1) of the new regulations replacing regulations 6(11) and 7(10) Subject and curriculum Outcomes Remarks 1 2 3 1 Taking Instructions and Obtaining a Mandate – Reg 4(1)(a) Expected Outcomes Note to Trainer 8 2 10 Content: This course starts with FICA and CPA The candidate must understand the following: This module contemplates training compliance. on a practical level. An explanation why a client is entitled to a) What to do to prepare for a first an estimate of fees and disbursements. consultation with a potential client. Candidates must know what to do, Reference to tariffs of fees and templates b) What are the basic compliance why we do and how to do it. for making fee assessments. requirements? How to prepare for a first consultation. c) How to carry out the first An assessment of the candidates How to conduct a first consultation. interview or consultation. will take place through both How to contextualise a client’s problem. d) How to go about taking formative and summative How to arrange follow up consultations. instructions. How to obtain the assessments. The importance of first obtaining all the relevant facts. relevant facts. e) Techniques in carrying out a Candidates will have to score a STAATSKOERANT, 3 APRIL 2020 How to obtain relevant documentation. consultation. minimum of 50% to pass an How to listen to a client without f) An understanding of applied assessment. interrupting. research, as opposed to academic This gazette is also available free online at www.gpwonline.co.za How to ask relevant questions to bring research. out the facts. g) How to use the available research How to structure questions. Why leading tools. How to do research in an questions must be avoided. effective and efficient manner. Minimum contact hours Assignments Notional hours No. 43192   115 When to write letters and when not to write letters. How much detail to include in a letter 116   No. 43192 and what type of detail. An introduction on how to carry out legal research. Where to find the law. How to find the law quickly. How to use annotations effectively. How to use electronic Law reports. What is meant by: “the best statement of the law is to be found in the most recent decision of the highest court.” 2 Plain Language Writing and Expected Outcomes Note to Trainer 8 3 11 Analytical Thinking – Reg 4(1)(b) Content: A sensitive assessment of English The ability to write well is an essential skill. The module is extremely important: language competency needs to be done. The following is expected of candidates: an effort has to be made to improve What is plain language writing: why a) Candidates must write in plain literacy skills amongst candidates. plain language is relevant to lawyers: English on their own. They must Principals and pupil masters must and, how to achieve writing in plain not become slaves to precedents. be aware of their roles in this. language. b) After the PVT contract is An experienced English teacher GOVERNMENT GAZETTE, 3 APRIL 2020 A short course on writing skills to cover completed, there must be a must present the plain English grammar, syntax, sentence construction, demonstrable improvement in the writing module. This gazette is also available free online at www.gpwonline.co.za punctuation and vocabulary. candidate’s literacy skills. The module must have writing and Assistance with comprehension skills. c) During PVT contracts, candidates reading assignments from the Introduction of a compulsory reading must be encouraged to develop a outset: one book per month. programme. All candidates are required culture of reading and writing. Principals and pupil masters must to read at least one book, of their own d) Candidates must demonstrate the monitor candidates from the outset. choice, per month throughout the period ability to write as a lawyer without Assessment of writing skills needs of the PVT contract. Principals and pupil sounding like one. Candidates to take place throughout the PVT masters must ensure compliance. must not use jargon or “legalese”. contract. Candidates must be encouraged to write e) Candidates must understand how The final assessments will include on their own without copying and pasting to approach a legal problem. They the ability to write. from office precedents. must grasp that the facts are the Experienced practitioners (at least most important: only then should seven years’ experience in practice Problem Solving one consider the law. or a comparable level of expertise) An explanation of how to analyse a legal f) An understanding of how to gather must explain the concept of how to problem. the known facts and analyse them understand a legal problem: how to How to think like a lawyer. is an essential skill. analyse and contextualise the How to apply logic. g) The candidate must understand problem. Then follows the method How to find solutions to legal problems. that first the facts have to be of finding answers for a client with Critical thinking: obtained, then the matter can be reference to the facts and the law. What is critical thinking? contextualised as to the area of the Writing involves thinking. There is How to apply critical thinking. law that is applicable. a method in this. Candidates must The object is to develop application of h) Candidates have to understand that apply their minds before putting cognitive skills. any legal solution must be pen to paper. This must be taught How to apply the law to the peculiar supported by the facts of the case. during the first month of the PVT facts of one’s case. contract. NB: Candidates cannot expect to Facts first: law second. pass exams and assessments if they are unable to write properly due to poor literacy skills. 3 Drafting Legal Documents – Expected Outcomes Note to Trainers STAATSKOERANT, 3 APRIL 2020 Pleadings and Motions – Reg 4(1)(c) Content: Candidates will know the following: Note: for this module we expect the Managing Fact: a) Candidates must understand the skills trainers to have at least 7 to 10 This gazette is also available free online at www.gpwonline.co.za a) How to obtain relevant facts. listed in the content column. They are years of practical experience or a b) What are the sources of fact. not expected to be expert drafters comparable level of expertise in all c) Obtaining documents including already. areas of dispute resolution and electronic documents. How to preserve b) Candidates must be able to recognise litigation in particular. documents. the procedures and be able to assist in d) Obtaining witness statements. dealing with cases under the When assessing assignments, assist e) Carrying out in loco inspections supervision of principals and pupil by correcting the faults and ask the if necessary: how to record the evidence. masters. candidate to redraft; in this way No. 43192   117 f) How to obtain and preserve c) Candidates will be subjected to both there will be some skills transfer. relevant exhibits: what exhibits are. formative and summative assessments. g) The explanation above is required d) Candidates will know how to analyse 118   No. 43192 before any papers are drafted. three sets of affidavits in motion Remember to explain managing matters. facts before allowing candidates to Analysing Fact. e) Candidates will know how to grasp start drafting pleadings. a) Candidates must understand what to findings of facts on affidavits, do after gathering the facts. including the Plascon-Evans test. Explain that the sequence of facts b) Candidates must learn, at the outset, f) Candidates will know how to bring an forms the crux of chronologies to sequence all the facts and interdict [as part of the case studies]. needed in terms of Directives in documents. many Courts. c) Candidates must be able to analyse facts on the basis that only relevant facts must be retained and presented at a hearing; only facts that are admissible, in terms of the rules of evidence, can be relied on. Further, candidates must understand that any version of facts they intend to rely on, must be probable in relation to the circumstances of the case. d) Candidates must learn, early in their careers, that they cannot go to court GOVERNMENT GAZETTE, 3 APRIL 2020 with a version that is improbable or implausible. This gazette is also available free online at www.gpwonline.co.za e) Candidates must be able to work out that there are facts which support their own client’s version of what actually happened; and that there will be facts that do not support their client’s version. f) Candidates must understand that carrying out such an analysis is the only way for lawyers to understand the facts of their client’s case. g) Merely reading witness statements and documents is of no value. Nor is it of any value merely to accept a version on the basis that “those are my instructions”; one must carry out an objective fact analysis first. Working out the case concept (or theory of your case) a) What happened according to your client’s version of the facts? b) What are the issues, factual and legal, that emerge from the facts? c) What are you going to tell the judge at the hearing? d) What version are you going to present in your papers? e) How will you present evidence? f) Who will be the witnesses and what documents will you need? STAATSKOERANT, 3 APRIL 2020 g) How will you run the case from pleadings to final argument? h) This process has to be applied This gazette is also available free online at www.gpwonline.co.za before any papers are drafted. Working out the cause of action or defence a) There must be a comprehensive explanation, using case studies, of how one takes a set of facts and works out what your client’s cause No. 43192   119 of action or defence is. Look to the case concept and the applicable law. Do not draft papers without first 120   No. 43192 undertaking this step. b) Candidates must understand the meaning of the elements of one’s cause of action or defence and where and how to find those elements in the peculiar facts of your case and with reference to the law. c) Candidates must know how to recognise and formulate a cause of action and defence before any drafting commences. Emphasise the importance of d) The object is for candidates to drafting pleadings without using a understand this method instead of precedent. consulting a precedent first. Deciding what procedure to use Action / Application We recommend using case studies a) Candidates must understand the test to assist candidates to understand whether to proceed by way of action the test whether to proceed by way or motion. of motion or action. GOVERNMENT GAZETTE, 3 APRIL 2020 b) Candidates must understand the main differences between actions This gazette is also available free online at www.gpwonline.co.za and applications. c) Refer to the Uniform Rules of Court and practice directives. d) What is meant by a dispute of fact: how does one test a set of facts? Explain a referral to evidence and a e) Candidates must know what happens referral to trial. In each case use a in court when an application cannot case study of how such referrals are be adjudicated on the papers. drafted. Drafting pleadings Emphasise that candidates draft on (including how to get to your first rough their own without the assistance of draft) a precedent. a) Candidates must draft on their own without the assistance of a precedent. Explain the method of drafting with b) Candidates must read and understand reference to Rules 18 and 22 of the rules 18 and 22 of the Uniform Rules. Uniform Rules of Court. c) Candidates must know how to draft particulars of claim and a plea. Use case studies to assist d) Candidates must draft causes of candidates to draft all causes of action in contract, delict, divorce and action. unjust enrichment. The focus must be on contract and delict. Assignments can be submitted on e) Candidates must do assignments for e-learning platforms. Trainers must formative assessments. assess each assignment. f) Candidates must grasp the lay-out of pleadings with proper paragraph Explain the lay-out of pleadings numbering, appropriate spacing, font with proper paragraph numbering, types, use of headings and point first appropriate spacing, font types, use drafting. of headings and point first drafting. g) No pleading may be vague: each STAATSKOERANT, 3 APRIL 2020 pleading must disclose a cause of Explain what is meant by a action. pleading that is vague and one that h) A plea must comply with Rule 22 of does not disclose a cause of action. This gazette is also available free online at www.gpwonline.co.za the Uniform Rules. Bare denials are not allowed. Candidates must plead Explain that in a plea there must be their client’s version, which, if a response to the plaintiff’s facts proved, will amount to a defence to and that evasive drafting is not plaintiff’s claim. tolerated. They are not to draft bare i) Candidates must be able to draft a denials without setting out their Special Plea and to know when and client’s version. how to draft a Special Plea. No. 43192   121 Drafting Notices of Motion and three sets Explain a “Special Plea”, when it is of affidavits used and how it is drafted. 122   No. 43192 a) Candidates must learn the different types of notices of motion and when each is used. This must include a long form notice of motion, a short form notice of motion and a Two- Part notice of motion. b) Candidates must know when and how each of the three types is used. c) Candidates must learn to draft Use case studies and get the founding, answering and replying candidates to draft on their own. affidavits. d) Candidates must know the required Explain the purpose of founding, lay-out of each of the affidavits with answering and replying affidavits. reference to the requirements in the Uniform Rules and directives. Online Drafting exercises and case e) Candidates must know how to index studies will have to be completed. and paginate court files. 4 Ethics for legal Practitioners – Reg Expected Outcomes Note to Trainer 6 0 6 GOVERNMENT GAZETTE, 3 APRIL 2020 4(1)(d) Content: a) Candidates will know the seven The content of the course must be This gazette is also available free online at www.gpwonline.co.za A single contact session as well as Ethics universal ethical principles that apply uniform for all candidate legal for Legal Practitioners needs to be to all professions. practitioners. incorporated into the introduction to each module recommended in this b) Candidates will know any specific rule Currently the regulations and the programme. in the Code of Conduct that applies to Code of Conduct provide for three any module. types of legal practitioner. So, the Candidates must be aware of the ethical candidate must be aware of the requirements for all types of practitioner. ethical requirements for all three. Details of course content c) Candidates will be able to apply the The seven universal ethical principles Code of Conduct applicable to all The summative assessment must be branches of the legal profession, be it an open book exam. Candidates The current Code of Conduct of 29 attorney, advocate or advocate with a must have open book access to the March 2019: trust account. Code of Conduct and relevant regulations during the assessment. Section 3 of the general provisions in the d) All candidates will understand and Code of Conduct requires attention. know the provisions of section 3. Candidates will answer questions based on applying the Code. Section 56 The scope and limits of e) All candidates will be able to apply legitimate cross-emanation are section 56 of the Code when doing the particularly important. Trial Advocacy programme and in the summative assessment of the open book exam. Universal ethical principles honesty The universal ethical principles text is from Only the seven ethical principles trustworthiness https://www.iaa.govt.nz/for-advisers/adviser- set out in the first column must be loyalty tools/ethics-toolkit/professional-ethics-and- memorised by rote. respect for others codes-of-conduct/ adherence to the law doing good and avoiding harm to others accountability STAATSKOERANT, 3 APRIL 2020 5 Civil Procedure and Trial Advocacy We provide for six days of 36 6 42 – Reg 4(1)(e) training This gazette is also available free online at www.gpwonline.co.za Content: Expected Outcomes Note to Trainers There is a substantial overlap in the What follows is part of the Trial Uniform Rules of Court and Magistrates’ Candidates must understand the process and Advocacy programme. For Courts Rules. procedures in taking a matter to trial from purposes of this PVT programme Candidates must have knowledge of the pleadings to hearing. we expect the various disciplines to rules in both courts. The differences must be dealt with in a programme which be highlighted. In particular the can be included within the high difference in powers and functions The purpose is to ensure that candidates court and magistrates court practice No. 43192   123 regarding the Magistrate’s Court. understand the practical steps required to be and procedure. The minimum hours Candidates must be made familiar with taken and how to prepare for a trial. must be achieved. This course is Practice Directives in both the High not to be confused with the five- 124   No. 43192 Court and Magistrate’s Court. Candidates will know how to set down a day advanced course that we Candidates must know where to find the matter for trial. recommend for those practitioners directives and how they are applied. who want to appear in court trials and applications. That advanced The following must be dealt with: course is dealt with separately, Contingency Litigation: below. The instruction method is What is contingency litigation and how practical: this requires the use of to decide whether to take a matter on case studies. Advocacy is a contingency? What are the rules and how performance skill: so, trainers are to charge contingency fees? expected to give demonstrations. What do courts say about contingency This can also be included in a moot litigation? court programme. Case management: Note to Trainers What is Case Management, and how to Since instruction is of a practical apply it in your practice and in court nature, trainers must use case proceedings. studies so that candidates can Candidates must learn that modern day actually carry out various tasks or litigation is less adversarial and more see how they are done. The trainers cooperative with the object being to for this module must have at least 7 GOVERNMENT GAZETTE, 3 APRIL 2020 resolve disputes quickly and at a to 10 years’ experience or a reasonable cost. comparable level of expertise in This gazette is also available free online at www.gpwonline.co.za Candidates must know how to refer a dispute resolution. matter to case management, the process and procedures in case management. Instruction must be given about the Certification: process and procedures in case Candidates must understand how the trial management and certification certification process works. In particular process: this must include attending that a judge will require the parties to case conferences and certifications agree and record the triable issue/s. with a judge. Trial Preparation: Note to Trainer Candidates must understand that there is Explain what is meant by “door a duty on a practitioner to settle a matter settlements” and why our courts are at any stage. The earlier the matter gets against them. settled, the better. Explain the consequences of making door settlements. Candidates must acquire the following skills: * How to analyse pleadings. * How to determine triable issues. * How to limit the issues for trial. * How to initiate case conferences Explain that the intended purpose for certification and for trial readiness. of the pre-trial conference must be * How to do pre-trial conferences, achieved; it is not merely a step and how to draft the agenda. requiring compliance. * How to carry out a proof analysis. Candidates must understand what is Explain that once the issues are meant by “proof of a fact” and how to settled, candidates have to consider discharge the onus. how they will go about proving * How to carry out witness and their client’s version. documentation analysis. STAATSKOERANT, 3 APRIL 2020 * How to prepare chronology documents. This gazette is also available free online at www.gpwonline.co.za Discovery: * Candidates must understand latest Developments on how to obtain, preserve and present relevant documentation including Electronic Documents. * Candidates must understand the concept of narrow discovery and proportionality. No. 43192   125 * Candidates must know how to prepare trial bundles. This must include the importance of sequencing. 126   No. 43192 How to Attend Pre-Trial Conferences Note to Trainer and Case Conferences. This will include an explanation of * Candidates must understand the case conferencing with judicial purpose of these conferences and how officers. that purpose can be achieved. Explain how to prepare for a case or pre-trial conference. Trial Procedure Requirement of practice notes for the court. When are these notes expected to Explain the purpose of practice be filed and what are the contents? notes. The content Before proceeding with this programme, candidates must be made aware of their Case Concept, how they intend to proceed with the hearing and discharge the onus. * Witness briefing. Candidates must know how to prepare a witness for GOVERNMENT GAZETTE, 3 APRIL 2020 court appearances. * Opening Statement. This gazette is also available free online at www.gpwonline.co.za * Leading a witness in chief. * Cross examination. * Re-examination. * Presenting argument. Note: this is part of the trial advocacy programme. These skills will be split up as separate modules which will be incorporated into and presented as part of the civil procedure programme. Different instructors can be used. Heads of Argument. * When are heads required. Explain how a typical set of heads * What is meant by “main heads of is laid out. argument”. * What are Short heads and Comprehensive heads. Note: candidates will not be expected to draft heads in this programme. 6 Criminal Court Practice and Trial Expected Outcomes Note to Trainers 12 4 16 Advocacy – Reg 4(1)(f) Content: Candidates will understand the process This module contemplates training Candidates must know the peculiar involved in conducting a criminal matter, on a practical level. requirements in a criminal trial thus: from obtaining the charge sheet to final So, avoid repeating the university Course Content argument. lectures on criminal procedure. * How to obtain and analyse the charge sheet and docket. Candidates are expected to attend * How to take instructions and criminal trials and bail applications obtain your client’s version. in the Magistrate’s Court and High STAATSKOERANT, 3 APRIL 2020 * How to obtain witness statements Court during the duration of the and ensure witness presence in court. PVT contract. Use case studies and * How to do plea bargaining. demonstrate what happens in court. This gazette is also available free online at www.gpwonline.co.za * How to do bail applications. * How to plead effectively, The trial advocacy component can including when to make a Plea be incorporated into the trial explanation. advocacy training for the High * How to attend trial and pre-trial Court. conferences. * How to cross-examine state witnesses. No. 43192   127 * How to present your client’s version to a state witness. * How to lead evidence in chief 130   No. 43192 including the decision to call your client. * How to present argument * How to present sentencing options and evidence in mitigation. Note: the court craft here will also be a module of Trial Advocacy. 7 Insolvency practice – Reg 4(1)(g) 12 4 16 Content: Expected Outcomes Note to Trainer How to bring an: The candidate will be able to: The course requires formative Application for sequestration both: a) Draft a notice of motion for each assessments while candidates get - Voluntary and type of application, be it used to drafting the notices of - Compulsory liquidation or sequestration. motion and founding affidavits. Liquidation and, b) Draft the founding affidavit for Business rescue. each type of application so that the Summative assessments need to be Application for Rehabilitation. allegations contain all the basic open book exams in the sense that compliance requirements. candidates have access to the Discussion of the relevant provisions of c) Understand the difference between Insolvency Act 24 of 1936, the the Insolvency Act and Companies Act. friendly and voluntary applications Companies Act 71 of 2008 and GOVERNMENT GAZETTE, 3 APRIL 2020 Candidates must understand the effect of for sequestration. Chapter XIV of the Companies Act a sequestration of a person’s estate and d) Understand the effect of 61 of 1973. This gazette is also available free online at www.gpwonline.co.za the effect of the winding up of a juristic sequestration on the insolvent’s person. Candidates are not expected to property. The summative assessment must run meetings of creditors. That e) Find the applicable law concerning establish whether the candidate can experience is gained inhouse while in the winding-up and liquidation of produce a valid application: it must practice with senior lawyers. companies. not rehash the LLB degree. f) Be able to apply the relevant Blended learning: made up of contact practice directives. sessions + online work. 8 Drafting of Contracts – Reg 4(1)(h) Expected Outcomes Note to Trainer 12 3 15 Content: * General techniques in drafting a Candidates must understand that drafting a The emphasis must be on how to commercial contract: contract involves much more than merely understand the transaction, then to Obtaining instructions: reaching for a precedent. draft the provisions. * The basic provisions for effective contracts: Understanding the transaction is of vital There must be a critical method in * The structure of a contract importance followed by due diligence. using precedents. It is not a mere (international best practice): copy and paste exercise. * How to use commercial precedents. We recommend the use of a case * How to draft the standard study which will become part of the boilerplate provisions. formative assessment. * How to draft transactional provisions. * Where relevant, questions of basic compliance must be addressed. * Introduction to due diligence. 9 Matrimonial Matters and Divorce – Expected Outcomes Note to Trainers 10 6 16 Reg 4(1)(i) This module must be presented by a Content: Candidates must appreciate that all family law practitioner with 7 years or more STAATSKOERANT, 3 APRIL 2020 Taking instructions in detail. matters are dealt with differently. Our courts experience or a comparable level of Advice on marriage and its consequences do not encourage adversarial litigation and expertise in all aspects of family Ante-nuptial contracts expect the parties to cooperate towards a law. This gazette is also available free online at www.gpwonline.co.za Advice on out of community of property reasonable settlement. with or without the accrual system and The course requires formative marriage in community of property These matters must be dealt with in a assessments while candidates get Divorce and its consequences sensitive and sensible manner. Candidates used to drafting pleadings for Drafting particulars of claim / defence. must be alive to this especially where minor divorce and Rule 43 applications. Drafting Rule 43 Applications. children are involved. How to settle matrimonial disputes Summative assessments need to be outside Court. ADR in Family Law. The candidate must understand the following: open book exams in the sense that No. 43192   131 Advice on rights and duties concerning a) How to carry out the first candidates have access to the children in a marriage, including: consultation to get all the facts. Children’s Act 38 of 2005, and Adoptive children: b) How to advise on marriage, ante- legislation like the Marriage Act 25 132   No. 43192 Step-children: and, nuptial contracts with or without of 1961, Recognition of Customary Children in foster care. the accrual system, community of Marriages Act 120 of 1998, Civil How to deal with custody of children. property and the consequences of Union Act 17 of 2006 and Divorce The best interests of the child principle. marriage. Act 70 of 1979, and all applicable Maintenance of children and, if c) How to advise on divorce and its practice directives and practice applicable, former spouses. consequences. manuals. Emphasis must be on the d) How to settle matrimonial disputes application of the law, not rote A discussion on the judgement in outside Court and to introduce learning of statutes. 50% is required Brownlee v Brownlee. clients to the idea of settlement to pass an assessment. through ADR. The duty of a practitioner in all family e) How to draft divorce particulars of One must assume that candidates matters to resolve disputes quickly and claim or defence. dealt in their LLB with the law cheaply. f) How to draft Rule 43 applications. relating to engagement, the contract g) How to give advice concerning the of marriage, the formalities Blended learning: made up of contact Children’s Act 38 of 2005, required for a valid marriage ito the sessions + online work. especially the Hague Convention. Marriage Act, the Recognition of h) How to work out maintenance for Customary Marriages Act and the children, and where applicable, Civil Union Act. former spouses. i) How to enforce divorce settlement Likewise, one assumes the LLB GOVERNMENT GAZETTE, 3 APRIL 2020 agreements. dealt with the Child Care Act 38 of j) Able to identify the principle in 2005 and the Divorce Act 70 of This gazette is also available free online at www.gpwonline.co.za the Brownlee case. 1979. 10 Delictual Claims Including Personal 6 6 12 Injury Claims – Reg 4(1)(j) Expected Outcomes Note to Trainer Content: Delictual claims, including personal injury This module requires a trainer of * How to gather & analyse the facts claims are an important part of any litigation more than 7 years of practical before deciding on a cause of action. practice. experience or a comparable level of * How to work out the cause of Candidates must know how to obtain the expertise. action. facts, contextualise the matter and formulate a It is important for trainers to point * How to draft the cause of action cause of action with reference to the facts and out that there are abuses that take (particulars of claim). the law. place; such as the over-inflation of * How to assess quantum. quantum. * Candidates must be familiar with Candidates are expected to know that there is Candidates must avoid this and the Uniform Rules of Court and practice a process of “certification” in court which where possible, settle the claim as directives relating to these claims. case manages these claims from issue to soon as possible. * Case studies on RAF claims and hearing. There should be no “door medical negligence claims. settlements”. * How and when to engage an In new directives, door settlements expert and the case management of may require the legal practitioners experts before the matter is allocated a to forego their fees or, worse, pay trial date (case management process). the fees of the parties. 11 Legal Practitioners Accounts See Annexure “E” See Annexure “E” 30 6 36 Management – Reg 4(1)(k) Note 01: The Legal Practice See Annexure “E” Management course is currently Old content: provided by LEAD and may be * Cash book. undertaken at any time after * Ledgers. completion of this course. STAATSKOERANT, 3 APRIL 2020 * Transfer Procedures. Note 02: this programme coupled * VAT. with the current book keeping * Section 86 (3) and Section 86 (4) exams requires urgent review. This gazette is also available free online at www.gpwonline.co.za Trust Investments + Rules. Note 03: if an alternative * Conveyancing Transactions. programme, such as the above * Correspondents Transactions and recommendation, is approved; then Accounts. this need not be an elective course * Trust Banking Accounts. and can be of uniform application, Note that the above is a decades’ old not only for attorneys and programme, roundly criticised for not advocates with trust accounts. serving any useful purpose. No. 43192   133 It has become outdated and irrelevant. Suggested reviewed programme: 134   No. 43192 First Module * How to use accounting software. * Comprehensive training on the management of trust funds and trust accounts – the rules and obligations. * Thorough knowledge of Sections 86 to 91 of the Legal Practice Act. * The rules and requirements of the Fidelity Fund. * Applying for a Fidelity Fund Certificate. Second Module * How to manage the finances of one’s practice. * How to manage personal finance. Third Module * Introduction to Legal Practice GOVERNMENT GAZETTE, 3 APRIL 2020 Management This gazette is also available free online at www.gpwonline.co.za 12 Labour Dispute Resolution – Reg Expected Outcomes Note to Trainer 12 0 12 4(1)(l) Content: The candidate will understand the following: The course requires formative assessments while candidates draft Industrial Relations Framework. a) How to conduct consultations to statements of case, notices of Identification of an employee get all the facts, especially to motion and founding affidavits for Permanent employees. obtain a balanced understanding of the Labour Court, and appeals to Temporary employees. any dispute between the parties. the Labour Appeal Court. Disciplinary Proceedings and Hearings. b) How to identify an employee. Dismissals. c) How to identify temporary and Summative assessments need to be Bargaining Agents, Forums and permanent employees. open book exams in the sense that Collective Bargaining. d) How to identify the difference candidates have access to the Dispute resolution. between temporary employees and Labour Relations Act, the Basic Labour Relations Act 66 of 1995. independent contractors: Chapter Conditions of Employment Act, Basic Conditions of Employment Act. IX of the LRA. and the Employment Equity Act. Employment Equity Act 75 of 1997. e) How to draft a statement of claim Rules for the Conduct of Proceedings in ito Form 2, Rule 6 Referrals of the The summative assessment must the Labour Court (GN 1665 of 1996: Labour Court Rules. establish whether the candidate can GG 17495 of 14 Oct 1996) f) How to draft applications ito Form produce a valid pleading: it must Rules for the Conduct of Proceedings in 4, Rule 7 Applications of the not rehash the LLB degree. the Labour Appeal Court (GN 1666 of Rules. 1996: GG 17495 of 14 Oct 1996) g) Whether a dismissal complies with Chapter VIII and Schedule 8: Code of Good Practice: Dismissal NB: The LSSA Manual on Labour of the LRA. Dispute 2019 is a mini textbook. This manual will have to be revised. 13 Alternative Dispute Resolution – Expected Outcomes Note to Trainer 6 0 6 Reg 4(1)(m) STAATSKOERANT, 3 APRIL 2020 Content: The candidate must understand the following: The course requires formative a) How to identify a conflict. assessments while candidates Defining and understanding: - what is a b) The differences between negotiation, engage in case studies. This gazette is also available free online at www.gpwonline.co.za conflict. mediation, arbitration and litigation. Negotiation. c) The pros and cons of negotiation, Summative assessments need to be Mediation. mediation, arbitration and litigation. open book exams. Candidates have Protection of Investment Act 22 of 2015, d) When is mediation appropriate? access to the Arbitration Act, the section 13. e) When does mediation not work? International Arbitration Act and Arbitration. f) How arbitration differs to litigation. section 13 of the Protection of Arbitration Act 42 of 1965 and the g) Is arbitration appropriate for organs of Investment Act 22 of 2015. International Arbitration Act 15 of 2017. state that are audited by the Auditor General? No. 43192   135 The role of ADR in litigation. The LSSA Manual on Alternative Dispute Resolution. 136   No. 43192 14 Wills and Estates – Reg 4(1)(n) 18 4 22 Content: Expected Outcomes Note to Trainer Wills. The candidate must understand the following: The course requires formative The Wills Act 7 of 1953 a) How to conduct a comprehensive assessments while candidates The Trust Property Control Act 57 of consultation with clients before engage in drafting wills. 1988. advising on the law of succession Drafting Wills. and drafting a will. Summative assessments need to be Taking instructions, what one needs to b) How to draft a will. open book exams. know to draft a will. Proper consultation. c) How to draft a living will. The role of sound literacy skills. d) How to apply the Trust Property Candidates must have access to the Interpreting (archaic) Wills. Control Act to trusts established in Wills Act, the Trust Property Drafting Living Wills. a will. Control Act, the Intestate Does the National Health Act 61 of 2003 e) How to apply the Intestate Succession Act and the Reform of make provision for a living will? Succession Act. Customary Law of Succession and Testate and Intestate Succession. f) How to apply the Administration Regulation of Related Matters Act. Intestate Succession Act 81 of 1987. of Estates Act from reporting the Maintenance of Surviving Spouses Act estate to the final liquidation and 27 of 1990 distribution account. GOVERNMENT GAZETTE, 3 APRIL 2020 Recognition of Customary Marriages Act g) How to apply the Estate Duty Act. 120 of 1998 h) Candidates must be familiar with This gazette is also available free online at www.gpwonline.co.za Reform of Customary Law of Succession the other legislation mentioned in and Regulation of Related Matters Act the first column. 11 of 2009. Administration of deceased estates. Administration of Estates Act 66 of 1965 Estate duty. Estate Duty Act 45 of 1955. 15 Introduction to E- Commerce and application of the Electronic Communications and Transactions Expected Outcomes Note to Trainers 3 0 3 Act 25 of 2002, including the use of electronic signatures – Reg 4(1)(o) This module is intended to introduce The trainer for this module must be Content: candidates to the ever-changing world of an experienced practitioner who is A discussion on the content of “ECTA”, digital technologies and how this impacts on routinely involved in digital the Electronic Communications and the work of practitioners, how clients access commerce. Transactions Act 25 of 2002. legal services and the impact on how What is an electronic signature? How to contracts are drafted and concluded. This module will not be subject to deal with these signatures in practice. any summative assessments. What is an advanced signature and where It is important for candidates to understand is it required in practice? what is meant by an electronic signature and The effect of ECTA on drafting how this impacts on commercial transactions. contracts, in particular “non-variation clauses”. The effect on business and legal practice of the internet and cloud technology. An introduction to Block Chain technology and smart contracts. Basic Business Transactions – Reg STAATSKOERANT, 3 APRIL 2020 4(1)(p) Expected Outcomes Note to Trainer Content: The seven main business transactions. The candidate must understand the following: Summative assessments need to be This gazette is also available free online at www.gpwonline.co.za * Sale of business a) How to identify the seven main business open book exams. * Sale of shares transactions. The instruction must focus on * Lease of immovable property b) How to understand the peculiar candidates drafting their own * Employment of an independent transaction client is engaged in. contracts without recourse to contractor c) How to apply the general principles of precedents insofar as it relates to * Partnership agreement contract from offer and acceptance to the transaction. * Joint venture capacity and reciprocal obligations. Ensure candidates can understand * Service level agreement d) How to negotiate, plan, draft and the difference between a sale and a No. 43192   137 Good faith, public policy and legal administer a contract. lease: and, a partnership and a joint certainty in drafting contracts. e) How to weigh key elements of the venture. Performance and administration of contract like liabilities and debts, taxes, For a critical comparison of 138   No. 43192 business contracts. manageability and business growth with constitutionalism bringing potential Remedies for breach of contracts. reciprocal obligations (rights and duties). uncertainty to contract law, see the f) When and whether good faith is an article by Judge of Appeal Malcolm NB. Responsible use of precedents is element of a contract: implied, tacit, Wallis ‘Commercial Certainty and allowed. express or required by law – like case Constitutionalism: Are They law. Compatible’ (2016) 133 SALJ 545. Business Rescue – Reg 4(1)(q) Content: Expected Outcomes Note to Trainer Definition & purpose of business rescue The candidate must understand the following: Summative assessments need to be Definition of financially distressed open book exams. How to accomplish business rescue a) How business rescue in Chapter 6 of Who may object to business rescue and the Companies Act is applied. the grounds of objection? b) How to assess whether a company is Trainers need to discuss the pros How an affected person applies to court financially distressed. and cons of business rescue and for an order placing a company under c) The advantages and disadvantages of ensure candidates know the extent supervision and commencing business business rescue generally. and effect of the moratorium on rescue proceedings. d) How an affected person applies to legal proceedings and the How a company may legally dispose of court to place a company under protection of the company’s GOVERNMENT GAZETTE, 3 APRIL 2020 its property while under business rescue. business rescue. property interests. The order of preference of creditors e) What is the effect of such an order? This gazette is also available free online at www.gpwonline.co.za when a company lacks money to meet its f) How to draft such founding affidavit. Candidates should know the debts. g) How to draft an answering affidavit general powers of business rescue against business rescue. practitioners. Effects of business rescue on contracts: h) Who has preference in claims against employees, shareholders and directors. the company under rescue? The rights and duties of the affected Rights of employees during business i) The effect on contracts, employees, persons from employees, directors, rescue. shareholders and directors. shareholders to creditors needs to Participation by creditors and holders of j) Who has a right to participation in the be understood generally. company securities. business rescue proceedings? Requirements of a business rescue plan. k) The requirements of a business rescue Finally, the implementation of a Implementing a business plan. plan. business plan must be understood Consequences for failure to implement l) How a plan is implemented and the as well as the consequences for the plan. consequences if it is not. default. 16 Constitutional law – Reg 4(1)(r) 6 3 9 Content: Expected Outcomes Note to Trainer Introduction to Constitutional law and The candidate must understand the following: Summative assessments need to be Customary law. For Customary Law see open book exams. the online course below at item 20. a) How to conduct a comprehensive Constitutional Law: consultation with clients before advising Candidates must have access to the Jurisdiction of our courts to hear on the Constitution. Constitution, 1996 and the constitutional matters. b) How to assess a constitutional issue. Constitutional Court Rules and the The 2013 change to the jurisdiction of c) How to draft applications in terms of the Uniform Rules of Court. the Constitutional Court. Rules of the Constitutional Court. Introduction to the Rules and Directives d) How to draft applications for leave to in the Constitutional Court. appeal to the Constitutional Court. Eleven ways to get to the Constitutional e) How to explain and give clients advice Court. about the remedies permitted ito the STAATSKOERANT, 3 APRIL 2020 Constitution. How to enforce Constitutional rights. How to advise clients about their This gazette is also available free online at www.gpwonline.co.za Constitutional rights, duties and obligations. How to apply Chapter 2 of the Bill of Rights and the limitations clause. How to apply the rest of the Constitution in giving advice to clients. No. 43192   139 17 Legal Technology (Online) – Reg 0 6 6 4(1)(s) Expected Outcomes Note to Trainers Content: 140   No. 43192 This module represents an introduction to the This module must be presented by a This module is intended to introduce use of technology in a 21st century law practitioner in a practice that makes candidates to the impact of technology practice. use of the latest technologies. on legal practice. Trainers must impress on Candidates must be aware of how a Candidates must understand how technology candidates that technology will modern legal practice is set up and what has changed how consumers access legal constantly influence how we work technologies avail practitioners. services. and serve our clients. Candidates must be made aware of how Candidates must be encouraged constantly to There will not be any summative technology has changed the way clients, keep up with the changes that flow from the assessments of this module. or consumers, access legal services. This increasing use of technology in our practices. must include how practitioners make use of technology to market their firms and remain relevant to their clients. 18 Introduction to practice 0 6 6 management (Online) – Reg 4(1)(t) Expected Outcomes Note to Trainers Content: This module is vital to candidates who seek This module must be presented by The role of management eventually to open their own practices. an experienced practitioner who GOVERNMENT GAZETTE, 3 APRIL 2020 Organisational behaviour started his or her own practice from Business plan scratch. This gazette is also available free online at www.gpwonline.co.za Marketing Financial management There will not be any summative Administration assessments of this module. Risk management Personal management Starting a practice The attorney and insurance 19 Introduction to Cyber law (Online) Expected Outcomes Note to Trainer 0 6 6 – Reg 4(1)(u) Content: Candidates will be able: Currently the cybersecurity course a) to make adequate decisions about the is an online course. Awareness of cyberattacks. technology required to sustain a Protective risk management strategy. reasonable measure of cybersecurity Summative assessments are done Data response plan. in the context of a law firm/practice, online during the course. Chapter 1: Technology b) to have a good grasp of the Chapter 2: Organisational processes organisational processes involved in a Chapter 3: Staff training law practice to maintain adequate Responsibility for personal/commercial cybersecurity, and, information. c) to have an appreciation of what is Specific cyber security tips. required to keep all staff in a law practice, in particular – oneself – up- The future of artificial intelligence as a to-date with the essential elements of boon and a threat to legal practitioners. cybersecurity. 20 Customary Law (Online) – Reg Expected Outcomes Note to Trainer 0 4 4 4(1)(v) Content: After having studied this study unit, Currently, the Customary Law candidates are able to: course is an online course. STAATSKOERANT, 3 APRIL 2020 Customary law in the context of the a) explain the concept customary law Constitution, 1996 b) differentiate between living customary Summative assessments are done The anomaly of the Bhe decision (living law and official customary law online during the course. This gazette is also available free online at www.gpwonline.co.za versus official customary law) c) differentiate between customary law Marriages ito customary law – section 15 and common law of the Constitution d) Analyse the significance of customary Language and culture – section 30 of the law in relation to the Constitution Constitution e) Give advice about customary law Traditional leadership – ss 211 & 212 of marriages. the Constitution f) Give advice about inheritance and succession under customary law. No. 43192   141 Social structure of indigenous g) Give advice about land and property communities rights. Succession and inheritance 142   No. 43192 Land and property rights 21 Numeracy skills training – Reg 0 6 6 4(1)(w) Expected Outcomes Note to Trainer Content: After having studied this study unit, Be patient with candidates. There The numerical system candidates will be able to: is no exam for numeracy skills. Basic symbols and terminology in a) understand Roman numerals and mathematics writing and reading numbers; The trainer must be competent in b) The windows calculator, the ordinary teaching mathematics to adults. Using your calculator calculator and the scientific calculator; Basic calculations c) Addition, subtraction, multiplication There will not be any summative Order of calculations and division; assessments of this module. Rounding off d) Rounding off, fractions and the Substitution into formulae concept of the lowest common denominator; Introduction to fractions e) Adding, subtracting, multiplying and Adding and subtracting fractions dividing fractions. Multiplying and dividing f) Calculating interest and VAT; Fractions, decimals and percentages g) Understand proportions, ratios and GOVERNMENT GAZETTE, 3 APRIL 2020 Percentage increase and decrease proportional allocation; and h) Apportionment of damages. This gazette is also available free online at www.gpwonline.co.za Value Added Tax and averages Simple and compound interest Proportional allocation Introduction to ratios Comparing ratios Proportional allocation Apportionment of damages 22 Legal Costs – Reg 4(1)(x) Expected Outcomes Note to Trainer 6 0 6 Content: Section 35(4) of the Legal Practice Act After having studied this module, candidates Summative assessments may be provides that the SALRC must will be able to: done online during the course. investigate legal costs and report to the Minister within two years. Until then the a) explain the concept of legal costs; tariffs determined by the Rules Board for b) differentiate non-litigious matters and Courts of Law apply. litigious matters; In the interim the content of the module c) give a client an accurate estimate of is as follows: the costs of a matter concerning fees The concept of “legal costs” and disbursements to the sheriff, non-litigious matters counsel and expert witnesses (if any); civil litigious matters d) understand and apply the law about Early advice to client and estimate of contingency fees; costs e) understand the need to keep proper Estimate of fees and disbursements accounting records; Mandate f) understand the need to account to Taking a deposit client in terms of the mandate between Contingency fees client and attorney; Retainers g) understand the different costs orders Agreed fees and be able to explain the orders to a Ethics in relation to costs client; STAATSKOERANT, 3 APRIL 2020 overreaching h) draw a bill of costs; undercharging i) attend at taxation and give a useful recovery / attempted recovery of and meaningful response to the Taxing This gazette is also available free online at www.gpwonline.co.za costs for work not strictly Master on items in the Bill of Costs. necessary Keeping proper accounting records Failure to render accounts Different cost orders party and party costs attorney and client costs attorney and own client costs No. 43192   143 costs de bonis propriis wasted costs reserved costs / costs to stand 144   No. 43192 over costs in the cause costs of the day all costs/costs/taxed costs no order made / no order as to costs specific cost orders Settlement agreements Payments into court and tenders Cost consultants settling of bills of cost formal requirements for taxation notice of taxation taxability of costs appearance on taxation interest on a taxed allocatur consent to taxation Review of taxation GOVERNMENT GAZETTE, 3 APRIL 2020 This gazette is also available free online at www.gpwonline.co.za OPTIONAL COURSES The LPC will have to accredit institutions to provide the two options below. The LPC can anticipate applications for the options below. The structured course work and the norms and standards appear below. These courses will be attended by practitioners as well. 23 Optional courses: Expected Outcomes Note to Trainer a) Advanced Trial Advocacy – 5 days (40 hrs) This is a structured course as contemplated in The trial advocacy training will ensure that: The course requires formative assessments Section 25 (3) (a) of the LPA and rule 19.2. while candidates engage in mock trials. The programme must satisfy the requirement of a) Candidates appreciate and understand The trainer must identify the following six 40 hours, minimum. how to conduct trials with confidence steps during the training and require the despite their natural nervousness when candidate to repeat the drill. Advocacy is a performance skill. performing in court. 1. Headnote – a catchy phrase to The course is divided into four parts: the first b) Candidates will be able to assess facts identify only one fault in the two parts comprise theory: the last two parts are that are in their client’s favour and candidate’s performance. performances in a mock trial situation under against their client’s case. 2. Playback – repeat exactly the phrase supervision as indicated in the third column, c) Equally, candidates will be able to the candidate used which requires notice to trainers. assess facts that favour the other improvement. Part one, how to assess facts. Fact analysis. litigant in the case as well as facts that 3. Rationale – explain the nature of the Part two, how to adopt a strategy for trial, aka a do not favour the other litigant. problem and why the performance trial theory: a candidate will learn the essential d) Candidates will have a good grasp of needs improvement. STAATSKOERANT, 3 APRIL 2020 difference between a leading question (for use in the Good fact – Bad fact assessment. 4. Prescription – a clear pithy statement cross-examination) and a valid question in The model assesses good and bad facts of how the performance can be leading a witness (the who, what, when, where, for each party independently, first for improved. This gazette is also available free online at www.gpwonline.co.za why, how and how much questions). the plaintiff and then for the defendant. 5. Demonstration – the trainer shows Part three, performing in the mock trial as e) Candidates will be able to present an the candidate how to perform. counsel for plaintiff and/or defendant: one day a opening statement. 6. Replay – then candidates immediately candidate will be counsel for plaintiff, the next f) Candidates will be able to conduct an repeat the critical part of their counsel for defendant et cetera. examination-in-chief using, inter alia, performance to show they have Part four, cross-examination in a mock criminal the piggy-back or looping method. grasped the lesson. The replay must be law trial: all candidates will practice this session. g) Candidates will be able to conduct short and to the point. cross-examination in civil cases. The method requires all candidates to be No. 43192   145 The theory and mock trial performances deal h) Candidates will understand that leading present for each performance. Learning is with: questions are permissible ONLY in incremental and each candidate learns from • Opening statement cross-examination. other candidates’ performances. 146   No. 43192 • Examination-in-chief i) Candidates will be able to conduct Candidates must also be witnesses in the • Cross-examination (civil & criminal) cross-examination in criminal cases. mock trials while they are not performing as • Re-examination (to be avoided) The core duty in criminal cases is to counsel in the mock trial. Accordingly, • Final argument put the version of the accused to the candidates must read the trial exercises witnesses for the State. Failure to do so carefully and have a thorough recollection of NB: it is assumed that the candidates have an renders the accused at risk of being the role each witness plays in the mock trial. adequate knowledge of the rules of court, the found guilty as charged. NB the trainers will be responsible for both rules of evidence, how to draft pleadings and j) Candidates will understand why re- formative and summative assessments of the heads of argument, and a good grasp of ethics. examination is not advised. candidates. The standard of such assessment k) Finally, candidates will be able to must be approved by the LPC. It is also assumed that candidates will read the present a coherent final argument at the At the end of the training a candidate must trail exercises properly before attending the trial end of the trial. receive a certificate of competence in terms advocacy course. of Rule 19.2.4. b) Advanced drafting course – 5 days The Expected Outcomes Note to Trainers Content: Candidates must receive practical training in the Candidates are expected to have a working This module is an intensive course. following skills: knowledge of how to draft. GOVERNMENT GAZETTE, 3 APRIL 2020 Drafting Pleadings Encourage candidates to write on their own Candidates must receive training in the following An assessment must be made using an open from day one. We encourage the use of case This gazette is also available free online at www.gpwonline.co.za disciplines: book format of examination combined with the studies. Give candidates a statement of fact a) How to obtain the facts and documents; assignments completed during the course. and require them to draft particulars of claim b) How to sequence the facts and documents; on their own and without the assistance of c) How to contextualise the matter in law; This course must be done after the candidate precedents. d) Where to find the applicable law; completed the course on plain English writing. e) How to apply the law to the facts of the The candidate must also be part of the literacy Candidates are expected to draft particulars of case; programme which requires the candidate to claim in Contract and Delict. Each effort must f) How to work out the cause of action or read and complete one book per month. be assessed by a trainer and candidates must defence. be encouraged to repeat the draft until they get it right. This is time consuming and Drafting skills trainers are to impress upon candidates that With the use of case studies, candidates must they are expected to work long hours and at draft the following: home to complete case studies. a) Be able to write down the material facts of the case; The trainer for this module must have more b) Be able to recognise the material elements than 10 years’ experience or a comparable of the cause of action or defence; level of expertise in drafting for litigation. c) Be able to use this to prepare a rough draft of particulars of claim’; d) Draft particulars of claim with reference to the Uniform Rules and practice directives; e) Draft particulars of claim with reference to the peculiar facts of the case; f) Draft particulars of claim without reference to precedents. g) Be able to draft a plea with reference to the Uniform Rules and practice directives; h) Be able to draft a version setting out a defence to plaintiff’s claim. i) Candidates must be introduced into drafting statements of claim and statements STAATSKOERANT, 3 APRIL 2020 of defence. Motion Court Note to Trainers This gazette is also available free online at www.gpwonline.co.za Candidates must learn the following skills: This module requires trainers with at least 10 a) To assess the facts and the law to decide years of experience or a comparable level of whether a matter may be dealt with in an expertise in drafting motion papers. application rather than an action. When is a dispute of fact not capable of being We recommend the use of case studies where adjudicated on the papers? candidates must draft on their own under b) To draft notices of motion; including long supervision of a trainer. No. 43192   147 and short form notices as well as two-part notices of motion. A notice of motion in We recommend that one of the case studies search and seizure applications (Anton include drafting papers for an interdict. 148   No. 43192 Piller). c) To draft a founding affidavit. This must This is an intensive course and requires include the recommended layout in the intensive application by trainers. We therefore Uniform Rules and practice directives. recommend that no more than 20 candidates Candidates must learn how to set out the be accommodated per 5-day session. cause of action and the supporting evidence and be able to provide justification for the order sought. d) To draft an answering affidavit. The most effective layout must be explained including how to set out a version that will answer an applicant’s case. e) To draft a replying affidavit. It must be short and only drafted if strictly necessary. f) To know how to use annexures. Avoid bulky documents and ones not strictly necessary to support the deponent’s case. g) Candidates must know how to apply the Plascon-Evans test. GOVERNMENT GAZETTE, 3 APRIL 2020 Heads of Argument Candidates must be familiar with the layout and This gazette is also available free online at www.gpwonline.co.za method of drafting the different types of heads of argument (concise heads; comprehensive heads; main heads of argument (SCA) and written argument (CC)). The following must be in this module: a) The typical layout of heads of argument; b) The method to be used in Applications; c) The method to be used in Trials; d) The method to be used in Appeals and Reviews. e) Candidates must know how to draft chronology documents to be filed with heads of argument. Candidates must know the relevant Rules and practice directives; in particular regarding page limitations and the prohibition of copying and pasting from authorities. Writing Opinions Note to Trainers Candidates must learn how to set out and write It is recommended that candidates be given a an opinion. simple opinion to write under supervision of the trainer. Course content The following must be in this module: a) The modern method of setting out an opinion. b) Understanding the question. c) The need to answer the question and provide recommendations. STAATSKOERANT, 3 APRIL 2020 d) An efficient approach to legal research. e) How to write short opinions. f) How to justify your position with reference This gazette is also available free online at www.gpwonline.co.za to the facts and the law. No. 43192   149 General notes for the Legal Practice Council 150   No. 43192 Candidate legal practitioners (candidates) must score a minimum of 50% to pass any assessment, formative or summative. Some of the courses require experienced practitioners of at least seven to ten years’ experience in practice. However, practitioners with a comparable level of expertise, despite having served fewer years in practice, are welcome to assist with the training. Provision is made in the text above for trainers with comparable experience. GOVERNMENT GAZETTE, 3 APRIL 2020 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   151 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Current Curriculum Relevant Section in Recommendations content Legal Practice Act Chapter 1 – Introduction Bookkeeping and Accounting Rule 54.6 – A Legal In light of Rule 54 is seems as if Practitioner shall have the Legislature envisioned that an and keep Business and attorneys firm should go further Trust Account than to do the mere bookkeeping transactions as are of transactions (as described by necessary to enable the Rule 54.6.2) they should further firm to satisfy its have accounting records which is obligations in terms of the in line with IFRS and IFRS for Act, these rules and any SME’s (Rule 54.6) and Records other law with respect to showing all assets and liabilities the preparation of (Rule 54.6.1). Practitioners need financial statements that an understanding that there is a present fairly and in reporting standard; but are not accordance with expected to actually comply Acceptable financial themselves. An accountant will reporting framework in prepare the books accordingly. South Africa Rule 54.6.1. Records showing all assets and liabilities as required in terms of Section 87 Rule 54.6.2 Records containing entries from day to day of all moneys received and paid by it on its own account What is a Business? Section 34(5) This is still relevant and explains that a Legal Practitioner can act on their own account, as part of a juristic entity, Law Clinic, Legal Aid, State. It also gives the forms of business enterprise for the previously known “Advocates”. Difference between owner and In this section we might take the Business opportunity to introduce the Personal Finance Management as suggested and perhaps include budgets, cash flow forecasts on a personal finance level. This will also reduce the risks associated with maintaining Trust Accounts. The Bookkeeping Process This is still very relevant and must be included in the curriculum as it explains the double entry bookkeeping system. The Cash Book Rule 54.6.2 for recording This is the starting point of all Day to day transactions; Cash transactions and must be Rule 54.8 Keeping Trust explained to students and Business accounts separate This gazette is also available free online at www.gpwonline.co.za 152   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Balances Brought Down This is the balancing of T- Accounts and will have to be explained to students to get an understanding of what is balance of an account at the end of the month. The current teaching of T- accounts is outdated and must be replaced with a more modern or relevant accounting system such as Excel using a debit and credit column. Debit and Credits This also needs to be explained as students will have to complete the double entry bookkeeping system which started with the Cash book. Chapter 2 – Cash Book Rule 54.6.2 ; Rule 54.14.13, Rule 54.14.14 Basic cashbook principals, This is still very relevant as this is recording transactions the first leg of the double entry bookkeeping system and the starting point of writing up transactions where movement of money is involved. We would however like to see that the notes make mention of the different types of deposits that we get, for example credit cards, perhaps discuss the do’s and don’ts for cell phone banking, electronic payments and banking apps etc. Instead of cheques. Balancing of cash books Still relevant Bank reconciliation statements Still relevant for purposes of and Supplementary Cash books understanding why one needs to do this. But needs to be revised in the light of available software. Extracting a list of Trust Creditors Rule 54.15.1, Rule This is very important to ensure 54.14.8 that you always have enough money in your Trust Account to cover your liabilities towards clients. The current notes have to be revised to emphasise the importance of this. Chapter 3 – Petty Cash How to record petty cash This is still being used in practice and students should know how to implement internal controls to manage petty cash correctly. They require the theory. Chapter 4 – Journals Chapter 6 – Transfer Journal and Transfer Procedures This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   153 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT Transfer journals Rule 54.14 Internal This is an important aspect of Controls- Rule 54.14.12 attorneys bookkeeping as the Trust moneys will now be transferred into your Business account and could create a Trust deficit if you are not careful. Trust Journals How to deal with Trust errors and with transactions where money should be transferred from one client to another within the practice Fee Journals Section 35 Fees will become even more important as we move forward under the LPA. Section 35 (which is not in effect yet) will prescribe tariffs for attorneys. Further we need to also include contingency fees and the practical working thereof under this heading. (Section 35(12)) We would also like to see a section on time management and the recording of time as a Legal Practitioner as well as how to deal with your time on Pro-Bono matters. Chapter 5 - Ledgers As these are the books of secondary entry, the practitioners need to understand this process to give effect to the double entry bookkeeping system and therefor this should also be kept in the curriculum. Chapter 6 – Transfer Journals (as discussed under Chapter 4) Chapter 7 – Value Added Tax This is still a very relevant topic and should be included in the curriculum as it also goes hand- in-hand with fees as well. Chapter 8 - Investments Section 86(3); section Investments on behalf of the 86(4) and Section 55 LPFF and for the client’s benefit should still be discussed in detail and we would put a little more emphasis on the theory aspect thereof as well. Further with regards to Section 55 Investment Practices, I think we should discuss this in more detail in the notes and especially the FAIS requirements thereof. Chapter 9 - Conveyancing This is still a very relevant and important part of attorneys’ practices and also the area where there is a lot of risk involved. The practical writing up of the accounts are still relevant as well This gazette is also available free online at www.gpwonline.co.za 154   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT as the theoretical aspect thereof. We intend to include due diligence for purposes of transferring funds and making payments to client. Avoids fraud. Chapter 10 – Correspondent Code of Conduct; Part III This will still need to be Transactions Conduct of Attorneys; addressed in the notes however Rule 12 Sharing of fees; the notes have to be amended to Rule 14 Payment of reflect the current practice in commission; Rule 19 appointing correspondents. In particular Practitioners need an understanding of how fees and disbursements are managed when a correspondent is engaged. Fee sharing and payment of commission as well as pro-bono work should be dealt with under this heading. Chapter 11 - Theory This chapter in the current curriculum discusses the theory surrounding all of the above, however we find that students hardly ever go through this chapter in preparation for the exam. We would prefer if the theory is included in the relevant sections before the practical writing up of the books are done for the specific topic. Our Remarks 1. In our view the content of the curriculum is still very relevant to the Legal Practice act and complies with the Act and rules. 2. It is our opinion that the current notes should be modernised and maybe be reorganised to some extent to get the students to buy into the fact that practitioner’s accounts management is still relevant for purposes of conducting a practice. We further propose the 3. It is further our opinion following be dealt with: that the Assessment method should perhaps a) Trust and Business be changed. We would concepts and the suggest that the written understanding thereof, exam should place more which includes the emphasis on the theory identification of Trust and part of the curriculum Business funds, and then there should transactions and ledger be an online assignment accounts. where students should This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 APRIL 2020 No. 43192   155 Annexure E LEGAL PRACTITIONER’S ACCOUNTS MANAGEMENT b) The concepts of Value, write up a set of books (money, goods and in Excel by recording services). transactions as per case c) Accounting for study which would be disbursements. provided. d) Accounting to clients. This can be part of the e) The trust reconciliation formative assessment. statement. f) Compliance with the Act and Rules. g) Personal Injury and accident claims matters. h) Administration and collection matters. i) Litigation (high court and magistrates court) matters. This gazette is also available free online at www.gpwonline.co.za 156   No. 43192 GOVERNMENT GAZETTE, 3 APRIL 2020 Annexure F APPEAL AGAINST THE DECISION BY THE LEGAL PRACTICE COUNCIL NOT TO GRANT THE APPLICANT ACCREDITATION AS A TRAINING INSTITUTION Name of Appellant (Applicant): Date of application for accreditation: Date of decision by the Legal Practice Council: Attach the reasons given by the Legal Practice Council: Attach the grounds for the appeal: Date and signature of receipt by the Appeals Committee: Appeal case number allocated upon receipt: The Appellant (Applicant) will receive the decision of the Appeals Committee within twenty business days of the receipt of the appeal by the Appeals Committee. This gazette is also available free online at www.gpwonline.co.za

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