Legal Practice Act — LPA Curriculum / Coursework Programme: Structured Coursework Programme for Candidate Legal Practitioners (GG 52388, Notice 3086 of 2025, 28 March 2025) (source: https://www.gov.za/sites/default/files/gcis_document/202503/52388gen3086.pdf) STAATSKOERANT, 28 Maart 2025 No. 52388   367 General Notices • Algemene Kennisgewings LEGAL PRACTICE COUNCIL NOTICE 3086 OF 2025 Ed/KE>K&&/ ƵŝůĚŝŶŐϭϬ ZŝǀĞƌǀŝĞǁKĨĨŝĐĞWĂƌŬ ϭϬϬZŝǀĞƌsŝĞǁWĂƌŬ^ƚƌĞĞƚ ,ĂůĨǁĂLJ'ĂƌĚĞŶƐ DŝĚƌĂŶĚϭϲϴϲ dĞů͗ϬϭϬϬϬϭϴϱϬϬ PRACTICAL VOCATIONAL TRAINING (PVT) STRUCTURED COURSEWORK PROGRAMME FOR CANDIDATE LEGAL PRACTITIONERS (CANDIDATE ATTORNEYS) IN TERMS OF REGULATION 6(10) OF THE LEGAL PRACTICE ACT 28 of 2014 FOR THE 2026 PVT STRUCTURED COURSEWORK PROGRAMME ONWARDS INDEX TO THE STRUCTURED COURSEWORK PROGRAMME 2026 INTRODUCTION AND TABLE Pages 2 - 4 PAPER 1: COURT PRACTICE AND PROCEDURES Pages 5 - 21 High Court Practice Pages 5 - 15 Magistrates’ Court Practice Pages 15 - 19 Personal Injury Claims Pages 19 - 20 Drafting of Contracts Pages 20 - 21 PAPER 2: CRIMINAL COURT PRACTICE & ICT Pages 21 - 29 Criminal Court Practice Pages 21 - 28 Information and Communication Technology for Practice and associated aspects of Cyber Law Pages 28 - 29 PAPER 3: WILLS AND ESTATES and MATRIMONIAL LAW Pages 29 - 33 Wills and Estates Pages 29 - 30 Matrimonial Law Pages 30 - 33 PAPER 4: PROFESSIONAL LEGAL ETHICS, CONSTITUTIONAL PRACTICE, LABOUR DISPUTE RESOLUTION and ADR Pages 33 - 41 Ethics Pages 33 - 34 Constitutional Practice Pages 34 - 38 Labour Dispute Resolution Pages 38 - 40 Alternative Dispute Resolution Pages 40 - 41 PAPER 5: ATTORNEYS BOOKKEEPING (including trust account management), LEGAL COSTS and INTRODUCTION TO PRACTICE MANAGEMENT Pages 41 - 46 Attorneys’ Bookkeeping Pages 41 - 44 Legal Costs Pages 44 - 45 Introduction to Practice Management Pages 45 - 46 Executive Committee: Adv Pule Seleka (SC) – Chairperson, Dr Llewelyn Curlewis - Deputy Chairperson, Adv Craig Watt-Pringle (SC), Mr Martus De Wet, Ms Nonduduzo Khanyile, Mr Sello Phajane, Adv. Matshoge Chabedi (SC), Executive Officer: Ms. Charity Nzuza This gazette is also available free online at www.gpwonline.co.za 368  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 INTRODUCTION 1. Background Following the Legal Education Forum held in July 2022, and the Legal Education Colloquium held in November 2023, it was resolved that candidate attorneys sitting for the competency-based examinations required an examinations curriculum that would serve as a guide on what to prepare and focus on for the examinations. The curriculum and syllabus document is prepared in terms of Regulation 6(10) of the Legal Practice Act, as well as the approved Norms and Standards guidelines published by the LPC in the Government Gazette on 11 December 2020. The syllabus and curriculum document have been finalised. They are published below. The syllabus and curriculum will come into effect in 2026. From 2026 all future assessments of candidate attorneys will be subject to the syllabus and curriculum document set out below. In order to be admitted as an attorney, a candidate will need to complete the PVT contract with their principal (previously called articles); complete the 150-notional or 400-notional hour PVT structured coursework programme through an LPC-accredited training provider; and pass the five competency-based, admission examinations. This document deals with the latter two requirements (being the PVT structured coursework, and the examinations). Regulation 6(10) provides that: (10) The programme of structured course work referred to in sub-regulation (1)(a) and (b) must be standardised and uniform throughout the Republic and comprise the following modules: (a) constitutional practice; (b) professional legal ethics; (c) personal injury claims; (d) high court practice; (e) magistrate’s court practice; (f) criminal court practice; (g) labour dispute resolution; (h) alternative dispute resolution; (i) attorneys’ bookkeeping; (j) wills and estates; (k) matrimonial law; (l) legal costs; (m) drafting of contracts; WĂŐĞϮ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   369 (n) information and communication technology for practice, and associated aspects of cyber law; and (o) introduction to practice management. 2. The LPC-accredited training providers are required to provide training and assessment of all of the abovementioned modules in the 150-notional hour and 400-notional hour PVT structured coursework programme. If a candidate successfully completes all the abovementioned modules (attendance and assessment as required), the candidate will be entitled to receive the certificate confirming their successful completion, and their competence in the abovementioned modules. 3. The examinations are provided for in Rule 21 Competency-based examinations or assessments [section 95(1)(n) read with section 26(1)(d), (2) and (3)] 21.1 A person wishing to qualify to be admitted and enrolled as a legal practitioner will be required to have passed a competency based assessment in terms of this rule 21, read with any rule made by the Council or the National Forum concerning levels of competence required for the admission and enrolment of legal practitioners. 21.2 The assessment of a person wishing to be admitted and enrolled as an attorney shall comprise assessment at least in relation to- 21.2.1 the practice and procedure in the High Court and in courts established under the Magistrates’ Courts Act, 32 of 1944; 21.2.2 the practice and procedure relating to the winding up and distribution of the estates of deceased persons; 21.2.3 the practice, functions, and duties of an attorney, including the ethical duties of an attorney; 21.2.4 a knowledge of accounting necessary for the keeping of accounting records referred to in section 87 of the Act, and compliance with accounting rules published by the Council from time to time. 4. The examinations provided for in Rule 21 above are reconstituted into five examinations explained in the Table below. FIVE EXAMS IN TERMS OF THE MODULES IN REGULATION 6 (10) Regulation 6 (10) Current Rule 21 (2) exams’ assessment Exams per module in Reg in relation to the modules listed below 6(10) under the FIVE exam format WĂŐĞϯ  This gazette is also available free online at www.gpwonline.co.za 370  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 (10) The programme of structured Currently candidate attorneys write four exams. Paper 1 – two hours course work referred to in subregulation Pupils write five. Total exam time is 9 hours for (d) high court practice (1)(a) and (b) must be standardised and both sets of exams. Some modules in Reg 6 (e) magistrate’s court practice uniform throughout the Republic and (10) are currently not examined. The old exams (c) personal injury claims comprise the following modules: were: (m) drafting of contracts (a) Constitutional practice; Paper 1: Court procedures Paper 2 – one hour (b) professional legal Paper 2: Wills and Estates (f) criminal court practice ethics; Paper 3: Professional Ethics and Attorneys’ (n) information and com tech for (c) personal injury claims; Practice practice, and associated aspects (d) high court practice; Paper 4: Legal Practitioners’ Bookkeeping of cyber law (e) magistrate’s court practice; (a) Constitutional practice; NOT examined Paper 3 – two hours (f) criminal court practice; (b) professional legal ethics; (Paper 3) (j) wills and estates (g) labour dispute (c) personal injury claims; (Paper 3) (k) matrimonial law resolution; (d) high court practice; (Paper 1) (h) alternative dispute (e) magistrate’s court practice; (Paper 1) Paper 4 – two hours resolution (f) criminal court practice; (Paper 1) (b) professional legal ethics (i) attorneys’ bookkeeping; (g) labour dispute resolution; (Paper 3) (a) constitutional practice (j) wills and estates; (h) alternative dispute resolution; (Paper 3) (g) labour dispute resolution; (k) matrimonial law; (i) attorneys’ bookkeeping; (Paper 4) (h) ADR (l) legal costs; (j) wills and estates; (Paper 2) (m) drafting of contracts; (k) matrimonial law; (Paper 3) Paper 5 – two hours (n) information and (l) legal costs; (Paper 3) (i) attorneys’ bookkeeping communication (m) drafting of contracts; (Paper 3) (l) legal costs technology for practice, (n) information and communication (o) introduction to practice and associated aspects technology for practice, and associated aspects management of cyber law; and of cyber law; (Paper 3) (o) introduction to practice (o) intro to practice management. (Paper 3) management. 5. The profession, stakeholders, and interested persons are requested to consider the proposed revised curriculum and examination syllabus and provide comment by no later than 28 April 2025. All comments must be sent to the following email address: [email protected]. Signed at Midrand on 17 March 2025 Ms C Nzuza Executive Officer: Legal Practice Council WĂŐĞϰ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   371 PAPER 1 – NEW SYLLABUS 2026 PAPER 1: COURT PRACTICE AND PROCEDURES (High Court Practice, Magistrates’ Court Practice, Personal Injury Claims, Drafting of Contracts) MODULES CURRICULUM READING LISTS AND COURSE CONTENT Introduction to the High Court PRINCIPAL WORKS: High Court practice High Court jurisdiction and courts • Erasmus: Superior Court Practice Vol 2 (“Erasmus”) Reg 6 (10)(d) of similar jurisdiction • Hussain: Practical Drafting Skills Superior Courts Act 10 of 2013. • Hussain: Trial Advocacy: The Art of Persuasion Uniform Rules of Court (the Rules). • Marnewick: Litigation Skills for South African The principles of Lawyers drafting apply to all There will be emphasis on those • Schmidt & Others: Law of Evidence Courts both civil rules that are in regular use in • Zeffertt & Paizes: The South African Law of and criminal and to practice; such rules will be set out Evidence all ADR, tribunals in the reading list. and other formal To avoid prolixity, for the detail on the law of forums. Mediation evidence see the module on Magistrate’s Court The impact of and compliance with Practice. For example remember the parol evidence Rule 41A of the Uniform Rules of rule: KPMG Chartered Accountants (SA) v Securefin Court. Ltd and Another 2009 (4) SA 399 (SCA) ([2009] 2 All . SA 523) at para [39]. Contingency Litigation: Contingency litigation and how to COMPULSORY READING decide whether to take a matter on “The ethics of the hopeless case”, by Owen Rogers, contingency. in the Advocate magazine, December 2017 How to charge contingency fees. especially the summary at pages 50 and 51. How to carry out a risk analysis https://gcbsa.co.za/law- when requested to take a matter on journals/2017/december/2017-december-vol030-no3- contingency. pp46-51.pdf • Children’s Resource Centre Trust and Others v Case management: Pioneer Food (Pty) Ltd and Others 2013 (2) SA 213 Case Management in practice. (SCA) at para [35]. Candidates must know how to refer • Superior Courts Act 10 of 2013 a matter to case management, the • Uniform Rules of Court process and procedures in case management. 1. GENERAL 1.1. Character of application proceedings Section 60 in Part VI of the Code of Rule 6; Conduct: Commitment of legal Fakie NO v CCII Systems (Pty) Ltd 2006 (4) SA 326 practitioner to an effective court (SCA) at para [55] process. Gold Fields Ltd v Motley Rice LLC 2015 (4) SA 299 (GJ) at paras [121] to [125] WĂŐĞϱ  This gazette is also available free online at www.gpwonline.co.za 372  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Certification: Form of notice of motion: How the trial certification process Mynhardt v Mynhardt 1986 (1) SA 456 (T) at 463H works according to the directives of Arendsnes Sweefspoor CC v Botha 2013 (5) SA 399 the court where the action is (SCA) at para [18] and Eke v Parsons 2016 (3) SA 37 brought. (CC) at paras [25], [26] and [39] to [42] and How to discern triable issues. Ekurhuleni City v Rohlandt Holdings CC 2025 (1) SA 1 (CC) at paras [99] to [103] Trial Preparation: 1.2 Ex parte applications Candidates must understand that See the section under the corresponding heading there is a duty on a practitioner to in ethics: settle a matter at any stage. The Herbstein & Van Winsen p290 earlier the matter gets settled, the Mynhardt v Mynhardt 1986 (1) SA 456 (T) at 458H–I better. Mahomed NO & others v NDPP 2002 (4) SA 366 (W) Candidates must acquire the at 373B-374B. following skills: Rules nisi How to obtain all the relevant facts and documents 1.3 Disputes of fact in application proceedings How to carry out an effective fact The distinction between motion proceedings and analysis actions: * How to analyse pleadings. In motion proceedings, the affidavits constitute both * How to determine triable issues. the pleadings and the evidence. * How to limit the issues for trial. See Kham v Electoral Commission 2016 (2) SA 338 * How to initiate case conferences (CC) at para [46]. This rule applies to all the for certification and for trial affidavits: founding, answering and replying. See readiness. Transnet Ltd v Rubenstein 2006 (1) SA 591 (SCA) at * How to do pre-trial conferences, para [28]. how to achieve the purpose of the conference and how to draft the However, an applicant may not make out a new agenda. cause of action in the replying affidavit. * How to carry out a proof analysis. See Airports Company South Africa Ltd v Airport What is meant by “proof of a fact” Bookshops (Pty) Ltd t/a Exclusive Books 2016 (1) SA and how to discharge the onus. 473 (GJ) at para [17]: case confirmed on appeal. * How to carry out witness and Mostert and Others v FirstRand Bank Ltd t/a RMB documentation analysis. Private Bank and Another 2018 (4) SA 443 (SCA) at * How to prepare chronology para [13]. documents. Room Hire Co (Pty) Ltd v Jeppe Street Mansions Discovery: (Pty) Ltd 1949 (3) SA 1155 (T) at the Headnote and * Latest developments on how to pages 1162 to 1163 obtain, preserve and present Soffiantini v Mould 1956 (4) SA 150 (E) at page 154 relevant documentation including E-H; Electronic Documents. Cf Metallurgical and Commercial Consultants v Metal What is meta data and how to use Sales Co 1971 (2) SA 388 (W) at page 390F it to authenticate documents. How Economic Freedom Fighters v Manuel 2021 (3) SA to use secondary evidence to prove 425 (SCA) at para [92] a document where the meta data is Referral to trial or to oral evidence: unavailable. 1971 (2) SA 388 (W) at pages 396D to 397B for the * The concept of narrow discovery form of order; and proportionality. Kalil v Decotex (Pty) Ltd and Another 1988 (1) SA * How to prepare trial bundles. The 943 (A) at 981D-F importance of sequencing. Lekup Prop Co No 4 (Pty) Ltd v Wright 2012 (5) SA 246 (SCA) at para [32] WĂŐĞϲ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   373 Trial or hearing Hotz v University of Cape Town 2017 (2) SA 485 What is “the Case Concept: how to (SCA) at para [29] and paras [36] and [39] proceed with the hearing and Director-General, Depart of Rural Development and discharge the onus. Land Reform, and Another v Mwelase and * Witness briefing. Candidates Others 2019 (2) SA 81 (SCA) at para [64] must know how to prepare a Murray NO and Others v Humansdorp Co-Operative witness for court appearances. Ltd 2023 (3) SA 66 (SCA) at paras [21] to [23] * Opening Statement. * Leading a witness in chief. 1.4 Approach to disputes of fact in applications for * Cross examination. final relief: * Re-examination. Plascon-Evans Paints Ltd v Van Riebeeck Paints * Presenting argument. (Pty) Ltd 1984 (3) SA 623 (A) at 634E-635D. Stellenbosch Farmers’ Winery Ltd v Stellenvale Heads of Argument. Winery (Pty) Ltd 1957 (4) SA 234 (C) at page 235 * When are heads required. Director-General, Department of Rural Development * What are “main heads of and Land Reform v Mwelase 2019 (2) SA 81 (SCA) argument”. (overturned on appeal) at para [64] for a crisp * What are Short or Concise heads. statement of Plascon-Evans (para [64] was not * What are Comprehensive heads. overturned on appeal) * How to draft heads of argument 1.5 Character of trial and motion proceedings Appeal procedures Uniform Rules of Court Enforcement of judgments and The vital aspect of jurisdiction orders Standard Bank of SA Ltd v Mpongo 2021 (6) SA 403 Execution of process (SCA) Superior Courts Act 10 of 2013 South African Human Rights Commission v Standard section 43 Bank of South Africa Ltd and Others 2023 (3) SA 36 Uniform Rules of Court: rules 45, (CC) 45A, 46, 46A 2. INSTITUTING APPLICATIONS The following rules in the Uniform General provisions Rules of Court will not be examined. If candidate legal 2.1 Notice of motion and founding affidavit practitioners, candidate attorneys Hlophe v Freedom Under Law, and Other or pupils ever need to use the rules Matters 2022 (2) SA 523 (GJ) at para [28] below, the rules can be mastered in Rule 6 and commentary thereon on Erasmus and practice by reading and applying Harms the rule. - Annexures to affidavits (numbering and reference to content) Avoid the sloppy method identified in para [31] of Drafting Legal Documents – Drift Supersand (Pty) Ltd v Mogale City Local Pleadings and Motions Municipality and Another [2017] 4 All SA 624 (SCA) ([2017] ZASCA 118) and the slovenly practice Drafting pleadings identified in para [3] of Eskom Holdings SOC Ltd v Masinda 2019 (5) SA 386 (SCA) ([2019] ZASCA 98) a) Drafting on one’s own without Important to set out the whole case in the founding precedents and AI. affidavit: b) Understand and apply rules 18 Advertising Regulatory Board NPC and Others v and 22 of the Uniform Rules. Bliss Brands (Pty) Ltd 2022 (4) SA 57 (SCA) at para c) How to establish a “cause of [39]. See also Esau v Minister of Co-op Governance action” or “defence” from a set & Traditional Affairs 2021 (3) SA 593 (SCA) ([2021] 2 of facts or instructions. All SA 357; [2021] ZASCA 9) at para [60]. d) Particulars of claim and a plea WĂŐĞϳ  This gazette is also available free online at www.gpwonline.co.za 374  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 in contract, delict and divorce. - Annexures to affidavits (numbering and reference to The focus is on contract and content) delict. - pleadings and evidence: Mostert v FirstRand Bank e) The correct lay-out of t/a RMB Private Bank 2018 (4) SA 443 (SCA) ([2018] pleadings with proper ZASCA 54) at paras [13]; Fischer and Another v paragraph numbering, Ramahlele and Others 2014 (4) SA 614 (SCA) appropriate spacing, font ([2014] 3 All SA 395; [2014] ZASCA 88) at para [13] types, use of headings and affirmed by the Constitutional Court in Public point first drafting. Protector v South African Reserve Bank 2019 (6) SA f) No pleading may be vague: 253 (CC) (2019 (9) BCLR 1113; [2019] ZACC 29) at each pleading must disclose a para [234]. cause of action or a defence and must be based on the - Institution of Legal Proceedings against Certain peculiar facts of your case. Organs of State Act 40 of 2002 g) A plea must comply with Rule - Applications that raise constitutional issues 22 of the Uniform Rules. Bare Rule 16A denials are not allowed. ▪ Shaik v Minister of Justice and Constitutional Candidates must plead their Development 2004 (3) SA 599 (CC) at para [24] ] and client’s version, which, if Sarrahwitz v Maritz NO 2015 (4) SA 491 (CC) at proved, will amount to a paras [28] to [31]. defence to plaintiff’s claim. h) Candidates must be able to 2.2 Joinder under rule 10A and Joinder of draft a Special Plea and know respondents when and how to draft a - Who must be joined? Special Plea. See the - Joint and several liability Crompton Street Motors CC t/a Alberts and Others v Minister of Justice and Wallers Garage Service Correctional Services 2022 (6) SA 59 (SCA) at paras Station v Bright Idea Projects [17] to [21] 66 (Pty) Ltd t/a All Fuels 2022 (1) SA 317 (CC) at para [33] 2.3 Service generally Rule 4 below. Candidates should know the essential requirements and procedure involved in applications for substituted service Rule 4(2) Drafting Notices of Motion and Proceedings against firms, etc. Rule 14 three sets of affidavits Change of parties Rule 15 Substituted service a) Candidates must learn the Edictal citation (rules 5 and 63) different types of notices of Attachment to found or confirm jurisdiction motion and when each is used. This must include a 3. URGENT APPLICATIONS long form notice of motion, a Rule 6(12): refer to the practice directives where you short form notice of motion intend to bring an application and a Two-Part notice of Luna Meubel Vervaardigers (Edms) Bpk v Makin motion. 1977 (4) SA 135 (W) at page 137A-F (paras 1 to 4) b) Candidates must know when Sikwe v SA Mutual Fire & General Insurance Co and how each of the three Ltd 1977 (3) SA 438 (W) at 440H on the substance of types is used. the affidavit over its form. Not to be confused with the c) Candidates must understand CSARS case below. what is a provisional order, Nelson Mandela MM v Greyvenouw CC 2004 (2) SA interim order, a rule nisi, and 81 (SE) at para [37] a final order. CSARS v Hawker Air Services (Pty) Ltd; CSARS v d) Candidates must learn to draft Hawker Aviation Partnership 2006 (4) SA 292 (SCA) founding, answering and at paras [9] to [11]. WĂŐĞϴ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   375 replying affidavits. See especially para [9]: “Urgency is a reason that e) Candidates must know the may justify deviation from the times and forms the required lay-out of each of the Rules prescribe. It relates to form, not substance, and affidavits with reference to the is not a prerequisite to a claim for substantive relief.” requirements in the Uniform Rules and directives. 4. ANSWERING AND REPLYING AFFIDAVITS f) Candidates must know how to Content and form index and paginate court files. Answering affidavits cannot contain mere bald g) Candidates must know how to denials. This principle is similar to rule 22 concerning prepare draft orders. pleas. See Skog NO v Agullus 2024 (1) SA 72 (SCA) h) Candidates must know how to at paras [23] – [24] draft interdicts. Points in limine Managing Fact: Gcaba v Minister for Safety and Security 2010 (1) SA a) How to obtain relevant facts. 238 (CC) at para [75] b) What are the sources of fact. Late filing, barring and condonation c) Obtaining documents Motloung v Sheriff, Pretoria East 2020 (5) SA 123 including electronic (SCA) at paras [10] to [17], [23] to [25] and para [28] documents. - Rule 26 d) How to preserve documents. - Rule 27 e) Obtaining witness statements. Raising new matters in the replying affidavit – not f) Carrying out in loco normally permitted inspections: how to record the However, see Mostert v FirstRand Bank t/a RMB evidence. Private Bank 2018 (4) SA 443 (SCA) ([2018] ZASCA g) How to obtain and preserve 54) at paras [13] to [15] relevant exhibits: what is Visual Evidence and how to 5. ADDITIONAL AFFIDAVITS use it. Leave required NM v John Wesley School and Another 2019 (2) SA Analysing Fact. 557 (KZD) at paras [56] and [57] h) Candidates must demonstrate Form and content logical sequencing of facts and documents and the use of 6. DISCOVERY IN MOTION PROCEEDINGS chronology documents. Obligation to put up evidence on which party intends i) Candidates must demonstrate to rely their ability to analyse facts: MV Alina II: Transnet Ltd v MV Alina II 2013 (6) SA only relevant facts must be 556 (WCC) at paras [19] to [26] obtained, retained and STT Sales (Pty) Ltd v Fourie 2010 (6) SA 272 (GSJ) presented at a hearing; only at paras [13] to [17]: note para [17] facts that are admissible, in Rules 35(12) and (14) terms of the rules of evidence, Non-application of Promotion of Access to can be relied on. Information Act 2 of 2000 j) Candidates must demonstrate Cf Arena Holdings (Pty) Ltd t/a Financial Mail v South that any version of facts on African Revenue Service and Others [2023] ZACC which they intend to rely, must 13; 2023 (8) BCLR 905 (CC) at paras [147] to [150] be probable in the and [155] to [157] and [170] to [172], circumstances of the case. Authentication of documents Rule 63 k) Candidates must know that they cannot rely in court on a 7. OBJECTIONS TO PROCESS OR PLEADINGS version that is improbable, Failure to deliver pleadings - barring Rule 26 implausible or impossible. Extension of time periods Rule 27 l) Candidates must be able to Amendments Rule 28 work out what facts support Irregular proceedings Rule 30 WĂŐĞϵ  This gazette is also available free online at www.gpwonline.co.za 376  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 their client’s version and what Afrocentrics Projects and Services (Pty) Ltd t/a facts do not support their Innovative Distribution v State Information client’s version. Technology Agency (SITA) SOC Ltd and Others [2023] ZACC 2; 2023 (4) BCLR 361 (CC) especially Working out the case concept (or at para [30] theory of the case) Non-compliance with Rules Rule 30A Vexatious proceedings and abuse of process a) What happened according to Mineral Sands Resources (Pty) Ltd v Reddell 2023 your client’s version of the (2) SA 68 (CC) at paras [2] and [89] to [100] facts? South African Human Rights Commission v Standard b) What are the issues, factual Bank of South Africa Ltd 2023 (3) SA 36 (CC) at and legal, that emerge from paras [29] to [33], and [38] the facts? c) What are you going to tell the PFC Properties (Pty) Ltd v Commissioner for the judge at the hearing? South African Revenue Services and Others and d) What version are you going to Brita De Robillard NO and Another v PFC properties present in your papers? (Pty) Ltd and Others [2023] ZASCA 111 e) How will you present Applications to strike out evidence? Security for costs f) Who will be the witnesses and what documents will you 8. PARTICIPATION BY OTHER PARTIES need? Intervention applications g) How will you run the case Rule 12 from pleadings to final Joinder and consolidation argument? Rule 10 h) This process has to be Third party procedures applied before any papers Rule 13 are drafted. Interpleaders Rule 58 and commentary thereon in Erasmus Candidates will need and know The Fonarun Naree: Trustees, Copenship Bulkers the following: A/S (in Liquidation) and Others v Afri Grain Marketing (Pty) Ltd and Others 2020 (4) SA 188 (GJ) at paras * Candidates will know how to [24] and [34] and [35] analyse three sets of affidavits in Curators motion matters. Rule 57 * Candidates will know how to 9. AFTER PLEADINGS CLOSE grasp findings of facts on affidavits, Heads and practice note (check the practice including the Plascon-Evans test. directives for these requirements) The Plascon-Evans test is best Set down understood by asking the question: Hearing what are the probabilities Settlement and/or withdrawal Rule 41 concerning the allegations in the respective affidavits bearing in 10. ORDERS mind the undisputed facts ? Interim and final orders The finality of judgments * Candidates need good literacy Skog NO v Agullus 2024 (1) SA 72 (SCA) at paras skills to pass exams. [63] to [75] * Candidates are not allowed The functus officio doctrine access to the internet during the See Public Investment Corporation Soc Ltd and exams. Another v Trencon Construction (Pty) Ltd and * Candidates must not rely on AI, Another 2024 (1) SA 66 (SCA) at para [12] like ChatGPT, when drafting legal Rescission Rule 42, Rule 31(2)(b), Common law WĂŐĞϭϬ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   377 documents. To draft well requires requirements personal agency not the crutch of Candidates are particularly required to understand an AI programme or a set of the differences between applications in terms of Rule precedents. 31, Rule 42 and the common law. * Candidates will be examined and See Ellis v Eden 2023 (1) SA 544 (WCC) at paras need to draft pleadings and [25] to [38] affidavits without the assistance of o Colyn v Tiger Food Industries Ltd t/a Meadow Feed the internet during the exams. Mills (Cape) 2003 (6) SA 1 (SCA) at para [12] at page 9F and HLB Intl (SA) v MWRK Accountants & * Most importantly, candidates Consultants 2022 (5) SA 373 (SCA) at paras [19] to must understand and apply the [28] and Ingosstrakh v Global Aviation Investments ethical precepts discussed in the (Pty) Ltd 2021 (6) SA 352 (SCA) at para [21] article by Judge Owen Rogers in the reading list under the title: “The Claims for interest Sections 1, 2, 2A and 4 of the ethics of the hopeless case”, Owen Prescribed Rate of Interest Act 55 of 1975. Cf Da Rogers, Advocate December 2017. Cruz v Bernardo 2022 (2) SA 185 (GJ) at paras [17] to [62] Candidates will apply the principles of drafting set out below. The HOW TO EXECUTE JUDGMENTS principles commence with a grasp Rule 45 Execution - general and movables of the facts and end with the case 45A Suspension of orders by the court concept. BP Southern Africa (Pty) Ltd v Mega Burst Oils & Fuels (Pty) Ltd & Similar Matter 2022 (1) SA 162 (GJ) Writing involves thinking. There is a MEC, Dept of Public Works v Ikamva Architects 2022 method in this. Candidates must (6) SA 275 (ECB) at paras [81] to [93] apply their minds before putting pen to paper. 46 Execution – immovable property 46A Execution against residential immovable The importance of remaining property within the case pleaded Bestbier and Others NNO v Nedbank Ltd 2024 (4) SA City of Cape Town v Sanral 2015 331 (CC) at paras [54] to [82] (3) SA 386 (SCA) ([2015] 2 All SA 517; 2015 (5) BCLR 560; [2015] 11. COSTS ZASCA 58) at para [10] on page Ordinary rule of costs 397 Costs in interlocutory applications Punitive costs Candidates will learn to think Borcherds v Duxbury and Others 2021 (1) SA 410 before they ink. (ECP) at paras [40] to [43] University of South Africa v Socikwa and Others (J 675/23; J The Biowatch rule compared to the public function 680/23) [2023] ZALCJHB 172 (7 rule, the conduct of the parties rule, the abuse of June 2023) especially at paras [1], process rule and the SLAPP suit rule: Biowatch Trust [4] and [45] v Registrar, Genetic Resources 2009 (6) SA 232 (CC) in paras [28] to [31] and at paras [42] to [49] and [56] and [60] Compared to the public function rule Minister of Water and Sanitation v Sembcorp Siza Water (Pty) Ltd 2023 (1) SA 1 (CC) at para [91] Compared to the conduct of the parties rule Esorfranki Pipelines (Pty) Ltd v Mopani District Municipality 2023 (2) SA 31 (CC) at para [59] WĂŐĞϭϭ  This gazette is also available free online at www.gpwonline.co.za 378  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Compared to the abuse of process rule Mineral Sands Resources (Pty) Ltd v Reddell 2023 (2) SA 68 (CC) at paras [69] and [70] Which rule includes SLAPP suits Mineral Sands Resources (Pty) Ltd v Reddell 2023 (2) SA 68 (CC) at paras [76], [77], [90] and [98] 12. PARTICULAR KINDS OF APPLICATIONS 12.1. Default judgment / Judgment by confession Rule 31 and commentary thereon in Erasmus Rule 26; and see paras 15 and 20 below. Havenga v Parker 1993 (3) SA 724 (T). Nedbank Ltd v Fraser & Four Other Cases 2011 (4) SA 363 (GSJ) at para [47] Relevance of the National Credit Act, 2005 Special requirements for declaring property specially executable - Form of notice of motion - Content of affidavits - Service requirements Sebola and Another v Standard Bank of South Africa Ltd and Another 2012 (5) SA 142 (CC) (2012 (8) BCLR 785; [2012] ZACC 11) o Sale in execution values (Rule 43A) o Jaftha v Schoeman & Others; van Rooyen v Stoltz & Others 2005 (2) SA 140 (CC) o Standard Bank of South Africa Ltd v Saunderson & Others 2006 (2) SA 264 (SCA) o Gundwana v Steko Development & Others 2011 (3) SA 608 (CC) o Nkata v FRB 2016 (4) SA 257 (CC) at paras [94] to [126] o NPGS Protection and Security Services CC v Firstrand Bank 2020 (1) SA 494 (SCA) o Bayport Securitisation Ltd and Another v University of Stellenbosch Law Clinic and Others 2022 (2) SA 343 (SCA) at para [3] o Bestbier and Others NNO v Nedbank Ltd 2023 (4) SA 25 (SCA) at paras [26] to [28] and [32] 12.2. Eviction applications Difference between commercial and residential evictions Requirements under PIE Grobler v Phillips and Others 2023 (1) SA 321 (CC) at paras [23] and [34] read with para [36], then paras [37] to [48] Meme-Akpta and Another v Unlawful Occupiers at 44 Nugget Street 2023 (3) SA 649 (GJ) – the entire case Cape Killarney Property Investments (Pty) Ltd v WĂŐĞϭϮ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   379 Mahamba 2000 (2) SA 67 (C) at paras [13] to [21], especially para [18] Cape Killarney Property Investments (Pty) Ltd v Mahamba and Others 2001 (4) SA 1222 (SCA) at para [16] - Municipal joinder - Service - Risk of homelessness - Process Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae) [2023] ZASCA 108 at paras [11], [18] and [19] 12.3. Summary judgment Rule 32 (as amended) FirstRand Bank Ltd t/a First National Bank v Moonsammy t/a Synka Liquors 2021 (1) SA 225 (GJ) Ingenuity Property Investments (Pty) Ltd v Ignite Fitness (Pty) Ltd 2023 (5) SA 439 (WCC) Absa Bank Ltd v Meiring 2022 (3) SA 449 (WCC). The whole of this case is profoundly important for all lawyers in South Africa. Vital to understand about this case is the concept of pleading over despite the temporary advantage a litigant may gain by a special plea or point in limine. Pupils must read this case. City Square Trading 522 (Pty) Ltd v Gunzenhauser Attorneys (Pty) Ltd 2022 (3) SA 458 (GJ) at para [29] Hennie Ehlers Boerdery CC v APL Cartons (Pty) Ltd 2024 (1) SA 149 (ECGq) 12.4. Interdicts (LAWSA, Volume 11, 2nd edition, paras 389 to 428 and 429 to 435) Interdicts and mandamenten van spolie Ngqukumba v Minister of Safety and Security and Others 2014 (5) SA 112 (CC) 2014 (2) SACR 325; 2014 (7) BCLR 788; [2014] ZACC 14 Interim interdicts: Candidates are particularly required to understand the distinctions between: (a) applications for final relief; (b) applications for interim relief; (c) rules nisi; and (d) orders operating as interim interdicts, and to be able to draft appropriate prayers and draft orders illustrating same. Public Protector of South Africa v Speaker, National Assembly and Others 2023 (4) SA 205 (WCC) at paras [3] to [7] Saharawi Arab Democratic Republic v Owners & Charterers of The Cherry Blossom 2017 (5) SA 105 at paras [49] – [50]. Camps Bay Residents and Ratepayers Association v WĂŐĞϭϯ  This gazette is also available free online at www.gpwonline.co.za 380  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Augoustides 2009 (6) SA 190 (WCC) paras [7] – [8]. 12.5. Insolvency (LAWSA Volume 11, 2nd edition paras 199 to 365) Candidates are required to know: (a) The essential requirements and differences between; and (b) The procedures and requirements involved in the following applications: Provisional sequestration – section 10 of the Insolvency Act 24 of 1936 Sequestration – sections 9 to 17 of the Insolvency Act – Investec Bank Ltd v NS 2025 (1) SA 210 (GP) With regard to availability of evidence, see Wiese and Others v Commissioner, SARS 2025 (1) SA 127 (SCA) at paras [63] and [64] Friendly sequestration – Ex parte Arntzen (Nedbank Ltd as Intervening Creditor) 2013 (1) SA 49 (KZP) at para [12] Surrender – sections 3 to 17 of the Insolvency Act Rehabilitation – sections 124 to 130 of the Insolvency Act Liquidation Afgri Operations Ltd v Hamba Fleet (Pty) Ltd 2022 (1) SA 91 (SCA) Business rescue – section 131 as part of Chapter 6 of the Companies Act 71 of 2008 - Purpose - Requirements - Process, service and publication - Ending business rescue 12.6. Applications for Anton Piller (search & seizure) orders Erasmus, Anton Piller Type Orders See the Notice of Motion in the Practice Directives for the Gauteng Divisions Viziya Corporation v Collaborit Holdings (Pty) Ltd and Others 2019 (3) SA 173 (SCA) 12.7. De lunatico inquirendo, curators ad litem, ad personam and bonis Rule 57. 12.8. Rule 43 procedures Rule 43 TS v TS 2018 (3) SA 572 (GJ) see the court order on E v E 2019 (5) SA 566 (GJ) 12.9. Reviews Rule 53. Sections 3, 5, 6, 7 and 8 of the Promotion of WĂŐĞϭϰ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   381 Administrative Justice Act 3 of 2000. Oudekraal Estates (Pty) Ltd v City of Cape Town and Others 2004 (6) SA 222 (SCA) at para [26] Van Zyl v Govt of the RSA 2008 (3) SA 294 (SCA) at paras [54] and [55] Mamadi v Premier, Limpopo 2024 (1) SA 1 (CC) 12.10. Interpleaders Rule 58. 12.11. National Credit Act National Credit Act sections 65, 86, 88, 129 and 130; Collett v First Rand Bank 2011 (3) SA 585 (SCA); Nedbank v National Credit Regulator 2011 [4] All SA 131 (SCA); Rossouw v First Rand Bank [2011 All SA 56 (SCA); Sebola v Standard Bank 2012 (5) SA 142 (CC); Kubyana v Standard Bank 2014 (3) SA 56 (CC). In respect of 12.5 to 12.11 above, candidates are expected to consult the practice directives in their respective divisions. NOTE WELL: Practice Directives will not be examined unless a copy of the relevant directive is supplied to candidates writing the exams. MODULES CURRICULUM READING LISTS AND COURSE CONTENT Magistrates’ Courts Introduction to the Magistrates’ PRINCIPAL WORKS: Practice Courts and their jurisdiction • Hussain: Practical Drafting Skills Reg 6 (10)(e) • Hussain: Trial Advocacy: The Art of Persuasion Candidates must have knowledge • Jones & Buckle: Civil Practice of the Magistrates’ of the rules in the Magistrates’ Court in South Africa Vol 1 and 2 Courts and how the rules are the • Marnewick: Litigation Skills for South African same in some instances and how Lawyers the rules differ in other instances • Schmidt & Others: Law of Evidence from the powers and functions in • Zeffertt & Paizes: The South African Law of the High Court. Evidence Pleadings, motions, and discovery COMPULSORY READING MATERIAL Trial practice and courtroom “The ethics of the hopeless case”, by Owen Rogers, advocacy in the Advocate magazine, December 2017 Appellate practice and procedure especially the summary at pages 50 and 51. Enforcement of judgments and orders 1. GENERAL 1.1. Character of Action Proceedings - When to bring an action - Difference from application proceedings - Matters that must be brought by way of action - Requirements of pleadings WĂŐĞϭϱ  This gazette is also available free online at www.gpwonline.co.za 382  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 1.2 Onus 1.3 Jurisdiction Magistrates’ Courts Sections 26, 28, 29, 30, 45, 46(2) and 110 of the Magistrates’ Courts Act 32 of 1944 South African Human Rights Commission v Standard Bank of South Africa Ltd and Others 2023 (3) SA 36 (CC) at paras [1] and [31] and paras [42] to [45]. The Constitutional Court dismissed the appeal against, explained the decision in, Standard Bank of South Africa Ltd v Mpongo 2021 (6) SA 403 (SCA). 2. THE PLEADING PHASE OF ACTIONS 2.1. Instituting Actions - Rule 5 – Summons - Rule 6 – Pleadings: Commentary on Rule in Jones & Buckle - Rule 7 – Amendment of summons: Commentary in Jones & Buckle Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others [2023] ZASCA 112 at paras [20] to [23] - Rule 15 – Declaration: Commentary in Jones & Buckle 2.2. Parties 2.2.1. Intervention, joinder, and consolidation of actions - Rule 28 – Commentary on Rule 28 in Jones & Buckle. 2.2.2. Third party procedure - Rule 28A - Commentary in Jones & Buckle. 2.2.3. Proceedings against non-juristic persons as a matter of procedural convenience - Rule 54 – Commentary in Jones & Buckle. 2.3. Competent Responses to Particulars of Claim - Notice of intention to defend - Calling for pre-pleading discovery - Objections that pleadings are irregular: Rule 60A - Exceptions: Rule 19 Ocean Echo Properties 327 CC and Another v Old Mutual Life Assurance Company (SA) Ltd 2018 (3) SA 405 (SCA) at paras [9] and [10]. - Pleas and special pleas: Rule 17 and the common law (case law) Fairvest Property Holdings v Valdimax CC t/a Fish & Chips Co and Others 2020 (3) SA 202 (GJ) paras [21] to [26] Crompton Street Motors CC t/a Wallers Garage WĂŐĞϭϲ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   383 Service Station v Bright Idea Projects 66 (Pty) Ltd t/a All Fuels 2022 (1) SA 317 (CC) at para [33] Commentary in Jones & Buckle - Claims-in-reconvention: Rule 20 - Commentary on Rules 21 to 22 in Jones & Buckle - Failure to respond, barring and default judgment: Rule 21B - Commentary in Jones & Buckle 2.4. Note on pleadings in general - Remember: generally the principles of pleadings in the High Court apply to the Magistrates’ Courts: 2.5. Close of Pleadings and Set Down 2.6. Changes to Pleadings/amendments 2.7 THE FOLLOWING RULES REQUIRE ATTENTION: note this is the introduction to case management in the Magistrates’ Courts 2.7.1 Rule 22A – Meeting between parties to prepare for pre-trial conference or trial 2.7.2 Rule 25 – Judicial Case Management and pre- trial Conference 2.7.3 Rule 38 – Security by execution creditor 2.7.4 Rule 54 – Proceedings against non-juristic persons as a matter of procedural convenience (mentioned above) 2.7.5 Rule 60 – Non-compliance with rules and court orders, including time limits and errors 3. PREPARATION FOR TRIAL 3.1. Further particulars - Rule 16 – Commentary in Jones & Buckle 3.2. Discovery - Notice to discover and discovery affidavits: Rule 35 - Rule 23 – Commentary in Jones & Buckle - Different kinds of discovery - Consequences of a failure to discover - Applications to compel 3.3. Inspection, Examination and Experts - Rule 24 – Commentary in Jones & Buckle 4. SPECIAL PRE-TRIAL PROCEDURES 4.1. Meeting between parties to prepare for pre-trial conference or trial - Rule 22A - Commentary in Jones & Buckle 4.2. Offer to Settle - Rule 18 - Commentary in Jones & Buckle WĂŐĞϭϳ  This gazette is also available free online at www.gpwonline.co.za 384  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 CONTINUES ON PAGE 386 OF BOOK 4 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Contact Centre Tel: 012-748 6200. eMail: [email protected] Publications: Tel: (012) 748 6053, 748 6061, 748 6065 This gazette is also available free online at www.gpwonline.co.za Government Gazette Staatskoerant R E P U B L I C O F S O U T H A F R I CA R E P U B L I E K VA N S U I D A F R I K A Regulation Gazette No. 10177 Regulasiekoerant March Vol. 717 28 2025 No. 52388 Maart Part 4 of 4 N.B. The Government Printing Works will ISSN 1682-5845 not be held responsible for the quality of 5 2 3 8 8 “Hard Copies” or “Electronic Files” submitted for publication purposes 9 771682 584003 AIDS HELPLINE: 0800-0123-22 Prevention is the cure 386  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 5. CONDUCT OF CIVIL TRIALS 5.1. Trial Procedure Rule 29 - Commentary in Jones & Buckle 5.2. Discontinuing a Trial - Withdrawal, dismissal and settlement - Rule 27 - Commentary in Jones & Buckle - Postponements and other mid-trial applications 5.3. Costs - Rule 33 - Commentary in Jones & Buckle 5.4. Interest - Sections 1, 1, 2A and 4 of the Prescribed Rate of Interest Act No 55 of 1975 Cf Da Cruz v Bernardo 2022 (2) SA 185 (GJ) at paras [17] to [62] 5.5. Judgments and orders 6. AFTER JUDGMENT 6.1. Rescission and variation of judgments - Rule 49 - Commentary in Jones & Buckle 6.2 Sections 58A, 65, 65A to 65M, 66 Candidate attorneys need to know how these rules operate. NOTE WELL: Any questions posed in exams concerning any rules will be accompanied by a copy of the relevant rule. 6.3. Appeals - Rules 50 and 51 - Commentary in Jones & Buckle - Sections 83 and 84 of the Magistrates’ Courts Act - Caterham Car Sales & Coachworks Ltd v Birkin Cars (Pty) Ltd 1998 (3) SA 938 (SCA) at paras [36] to [38]. Harms, LTC Heads of argument in courts of appeal, Advocate 2009 7. LAW OF EVIDENCE 7.1. The burden of proof and duty to begin (in civil cases only) - Schmidt & others Chapters 2 and 9 - Zeffertt & Paizes chapters 3 and 5.1-5.3 7.2. The assessment/weight of evidence - Schmidt & others Chapter 3.1 - Zeffertt & Paizes chapter 5 7.3. Real evidence and documentary evidence - Schmidt & others Chapters 10 and 11 - Zeffertt & Paizes chapters 19, 20 and 21 WĂŐĞϭϴ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   387 7.4. Oral evidence - Schmidt & others Chapter 9 - Zeffertt & Paizes chapter 7.5. Relevance and admissibility - Schmidt & others Chapter 13 - Zeffertt & Paizes chapter 7 7.6. Hearsay evidence - The Law of Evidence Amendment Act 45 of 1988, § - Schmidt & others Chapter 18 - Zeffertt & Paizes chapter 13 7.7. Admissions (civil cases only) - Schmidt & others Chapter 7 - Zeffertt & Paizes pp. 475-499 7.8. Opinion evidence - Schmidt & others Chapter 17 - Zeffertt & Paizes chapter 10 Schneider NO and Others v AA and Another 2010 (5) SA 203 (WCC) at 211J – 212B 7.9. Similar fact evidence (civil cases only) - Schmidt & others Chapter 15 - Zeffertt & Paizes chapter 9 7.10. Character evidence (civil cases only) - Schmidt & others Chapter 16 - Zeffertt & Paizes chapter 8 parts C and D 7.11. Privilege - Schmidt & others Chapter 20 - Zeffertt & Paizes chapter 17 7.12. Parol evidence - Schmidt & others Chapter 1 - Zeffertt & Paizes chapter 11 KPMG Chartered Accountants (SA) v Securefin Ltd and Another 2009 (4) SA 399 (SCA) ([2009] 2 All SA 523) at para [39]. 7.13. The leading of witnesses - Schmidt & others Chapter 9.2.4.1 - Zeffertt & Paizes chapter 24 7.14. Cross-examination - Schmidt & others Chapter 9.2.4.2 - Zeffertt & Paizes chapter 24 7.15. Re-examination - Schmidt & others Chapter 9.2.4.3 WĂŐĞϭϵ  This gazette is also available free online at www.gpwonline.co.za 388  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 - Zeffertt & Paizes chapter 24 7.16. Examination by the court - Schmidt & others Chapter 9.2.4.4 - Zeffertt & Paizes chapter 24 MODULES CURRICULUM READING LISTS AND COURSE CONTENT Personal Injury Introduction to personal injury law. Road Accident Fund Act 56 of 1996 Claims How to plead a claim in Delict. Reg 6 (10)(c) • Wrongfulness Access to court – time bar • Fault Engelbrecht v RAF 2007 (6) SA 96 (CC) at paras [23] • Causation to [45] • Damages Causation Road Accident Fund law. Road Accident Appeal Tribunal v Gouws 2018 (3) SA Consumer protection law. 413 (SCA) at paras [32] to [40] A module on medical negligence Nonkwali v Road Accident Fund 2009 (4) SA 333 claims. (SCA) at para [8] Pleadings and defences allowed under the law of Delict. Claimants Pleadings must comply with the RAF v Vogel 2004 (5) SA 1 (SCA) at para [24] rules of the High Court and Du Plessis v RAF 2004 (1) SA 359 (SCA) at paras Magistrates’ Courts set out under [11] to [16] and [42] and [43] Regs 6 (10)(d) and 6 (10)(e) below. RAF v Ngubane 2008 (1) SA 432 (SCA) at para [12] Section 60 in Part VI of the Code of Conduct concerning RAF matters. Contingency Trial preparation, practice, and Ronald Bobroff & Partners Inc v De La Guerre 2014 settlement are part of High Court (3) SA 134 (CC) and Magistrates’ Court curricula. Masango v RAF 2016 (6) SA 508 (GJ) The practice directives peculiar to TM obo MM v MEC for Health, Mpumalanga 2023 (3) personal injury cases, including SA 173 (MM) RAF claims. NOTE WELL: Practice Directives Hit and run (lodge within two years) will not be examined unless a copy Geldenhuys & Joubert v Van Wyk; Van Wyk v of the relevant directive is supplied Geldenhuys & Joubert 2005 (2) SA 512 (SCA) at to candidates writing the exams. paras [23] and [28] and [30] Employee RAF v Monjane 2010 (3) SA 641 (SCA) at para [12] Prescription RAF v Mdeyide (Min of Transport Intervening) 2008 (1) SA 535 (CC) at paras [35] to [46] RAF v Masindi 2018 (6) SA 481 (SCA) at paras [19] to [21] Jones v Road Accident Fund 2020 (2) SA 83 (SCA) at paras [17] to [23] Van Zyl NO v Road Accident Fund 2022 (3) SA 45 WĂŐĞϮϬ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   389 (CC) at paras [126] and [127] – mental incapacity Road Accident Fund RAF v Legal Practice Council 2021 (6) SA 230 (GP) – headnote only Single vehicle collision Road Accident Fund v Abrahams 2018 (5) SA 169 (SCA) at especially para [13] Tribunal Road Accident Appeal Tribunal v Gouws 2018 (3) SA 413 (SCA) – headnote MODULES CURRICULUM READING LISTS AND COURSE CONTENT Drafting of Contracts Introduction to contract law and Candidates are NOT required to memorise Reg 6 (10)(m) principles of drafting contracts precedents of the contracts. Candidates must Principles of drafting contracts are understand the principles of drafting and how to use similar to drafting pleadings, precedents. except: Natal Joint Municipal Pension Fund v Endumeni Must know the difference between Municipality 2012 (4) SA 593 (SCA) ([2012] 2 All SA essential, material and natural 262; [2012] ZASCA 13) at para [18] elements of a contract; KPMG Chartered Accountants (SA) v Securefin Ltd Concentrate on advice re the 2009 (4) SA 399 (SCA) at para [39]. underlying transaction. Due diligence is important. Focus on Christie’s Law of Contract in South Africa 8th Edition this. Types of contracts to consider: Pacta sunt servanda Sale of business; Beadica 231 CC v Trustees, Oregon Trust 2020 (5) Sale of shares; SA 247 (CC) at paras [41] and [58] Lease of immovable property; Barkhuizen v Napier 2007 (5) SA 323 (CC) at paras Lease of movable property, like [28] to [35] read with para [70] motor vehicles; Mohamed’s Leisure Holdings v Southern Sun Hotel Partnership; Interests (Pty) Ltd 2018 (2) SA 314 (SCA) at para Joint venture; [30] Employment of an independent Liberty Group Ltd and Others v Mall Space contractor. Management CC 2020 (1) SA 30 (SCA) at paras [27] Cession (rights); to [31] Delegation (duties); and Assignment (obligations). Service Level Agreement Boilerplate clauses The impact of technology on contract drafting and the available software currently being used by attorneys. WĂŐĞϮϭ  This gazette is also available free online at www.gpwonline.co.za 390  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 PAPER 2 – NEW SYLLABUS 2026 PAPER 2: CRIMINAL COURT PRACTICE & ICT (Criminal Court Practice, Information and Communication Technology for Practice, and associated aspects of Cyber Law) MODULES CURRICULUM READING LISTS AND COURSE CONTENT Introduction to criminal law and PRINCIPAL REFERENCES: Criminal Court procedure • Criminal Procedure Act 51 of 1977 (CPA) Practice • The Constitution of the Republic of South Africa, Reg 6 (10)(f) Course Content 1996 * How to obtain and analyse ADDITIONAL REFERENCES: the charge sheet and docket. • Du Toit, et al Commentary on the Criminal * How to take instructions and Procedure Act obtain your client’s version. * How to obtain witness Section 60 in Part VI: Commitment of legal statements & ensure witness presence practitioner to an effective court process. in court. The Stalingrad defence is inappropriate. It is a * How to engage prosecution violation of the rule of law. and client in plea bargaining. Zuma v Downer and Another (788/2023) [2023] * How to do bail applications. ZASCA 132 (13 October 2023) especially at * How to plead effectively, paras [6], [11] and [28] to [30] including when to make a Plea explanation. 1. GENERAL * Candidates must know how to draft statements in terms of Section Right to legal representation 112 and 115. - Constitution Section 35(3)(f) and (g) * How to attend trial and pre- - CPA Section 73 trial conferences. * How to cross-examine state Arrest witnesses. - Constitution Section 14, 35(1)(d), 35(2)(a) and * How to present your client’s 35(4) version to a state witness. - CPA Sections 39–53 * How to lead evidence in chief - Mahlongwana v Kwatinidubu Town Committee and the decision to call your client. 1991 (1) SACR 669 (E) * How to manage experts in - Minister of Safety and Security v Sekhoto and criminal cases Another 2010 (1) SACR 388 (FB) * How to present argument * How to present sentencing Bail options and evidence in mitigation. - Constitution Section 35(1)(f) * Understand that the onus is - Chapter 9 and 10 of the CPA on the state and how that onus is - CPA Sections 307 and 309 discharged. In particular candidates - S v Dlamini; S v Dladla and others; S v Joubert; must have a practical understanding of S v Schietekat 1999 (4) SA 623 (CC) (1999 (2) what is entailed with regard to SACR 51; 1999 (7) BCLR 771; [1999] ZACC 8) discharging the onus and how it differs S v Mabena and another 2007 (1) SACR 482 from the burden of proof both in (SA) paras [3] to [7] WĂŐĞϮϮ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   391 criminal and civil cases: S v Viljoen 2002 (2) SACR 550 (SCA) paras [10] to [15] Bail: Chapters 9 and 10 of the CPA. S v Botha and another 2002 (1) SACR 222 (SCA) Section 35(1)(f) of the Constitution, (2002 (2) SA 680 paras [2] to [21] 1996. S v Bruintjies 2003 (2) SACR 575 (SCA) ([2003] ZASCA 4) paras [4], [5] and [8] to [10] The charge: ss 80 to 104 of the CPA 2. CRIMINAL TRIAL The plea: ss 105 to 122 of the CPA 2.1. Indictments and charges How pleas are drafted (form and - General content) and plea and sentence Sections 80 – 104 of the CPA agreements S v Wannenburg 2007 (1) SACR 27 (C) at 32J - 34C Conduct of proceedings: ss 144 to S v Whitehead and others 2008 (1) SACR 431 146 and Chapter 22 of the CPA (SCA) para [10] Discharge applications at the close o CPA Chapter 14, particularly sections 54 & 55 & of the State’s case: section 174 of the 144 CPA o Shabalala and Others v Attorney-General of Transvaal and Another 1995 (2) SACR 761 (CC) Competent verdicts: Chapter 26 of (1996 (1) SA 725 the headnote and para [72] the CPA containing the order Sentencing: Chapter 28 and 29 of the CPA - Joinder of Persons and Counts o CPA Sections 81, 155, 156, 157 Appeals and reviews: Chapters 30 - Splitting of Charges and 31 of the CPA (sections 302-324) o CPA Sections 336, 83 Chapter 24 evidence - Particulars of Offence o CPA Sections 84, 85, 86–92, 104 Private prosecutions: s 7 of Chapter 1 of the CPA Representations Section 8(5) of the Prevention of Illegal Section 22 of the National Prosecuting Authority Eviction from and Unlawful Occupation Act 32 of 1998 of Land Act 19 of 1998 and section National Director of Public Prosecutions v 426 of the Companies Act 61 of 1973 Zuma 2009 (2) SA 277 (SCA) at paras [15] and read with section 224 of the [16], paras [23] to [26] and especially paras [35] Companies Act 71 of 2008 and section to [38]. Consider also the remarks in para [44]. 63 (1)(i) of the Legal Practice Act 28 of 2014. 2.2. Pleas This section on private prosecutions - Ordinary Pleas will not be examined. o Constitution Section 35(3)(h) o CPA ss 105, 106, 112, 113, 114, 115, 116, 117 National Prosecuting Authority Act 32 Inclusive of how pleas should be drafted (form of 1998 and content) and plea and sentence agreements - Representations in terms of section 22 section 105A How to make representations S v Esterhuizen 2005 (1) SACR 490 (T) - Exceptional Pleas o CPA Sections 57, 77, 79, 109, 85 - Autrefois Acquit and Convict o Constitution Section 35(3)(m) o CPA Sections 106 and 324 - Unreasonable delay/ permanent stay o CPA Sections 168 and 342A WĂŐĞϮϯ  This gazette is also available free online at www.gpwonline.co.za 392  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 o Sanderson v Attorney-General, Eastern Cape 1998 (1) SACR 227 (CC) the headnote o DPP, Transvaal v Mtshweni 2007 (2) SACR 217 (SCA) the headnote o Magmoed v Janse Van Rensburg and Others 1993 (1) SACR 67 (A) the headnote o S v Basson 2004 (1) SACR 285 (CC) the headnote o S v Basson 2007 (1) SACR 566 (CC) the headnote 2.3. The conduct of the trial - Conduct Sections 144 - 146 and Chapter 22 of the CPA - Discharge: CPA section 174 Commentary on the Criminal Procedure Act by Du Toit et al S v Lubaxa 2001 (2) SACR 703 (SCA) paras [8] to [23] - Specific issues around admissibility of evidence Entrapment ▪ Section 252A of Act 51 of 1977 Law of Evidence Amendment Act 45 of 1988, section 3 Kapa v The State 2023 (1) SACR 583 (CC) at paras [18], [77] and [99] to [108] Admissions and confessions ▪ Constitution Sections 35 and 36 ▪ CPA Sections 217 to 220 o Unlawfully obtained Evidence ▪ Key v Attorney-General, Cape Provincial Division and Another 1996 (4) SA 187 (CC) the headnote ▪ Director of Public Prosecutions, Western Cape v Killian 2008 (1) SACR 247 (SCA) the headnote ▪ S v Mthembu 2008 (2) SACR 407 (SCA) the entire case ▪ S v Tandwa and Others 2008 (1) SACR 613 (SCA) the headnote ▪ S v Shaik and Others 2008 (1) SACR 1 (CC) the headnote and paras [16] to [23] and [65] to [68] 2.4. Conclusion of the trial - Competent Verdicts o CPA Chapter 26 - Previous Convictions: CPA Chapter 27 - Procedure of Judgment WĂŐĞϮϰ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   393 o CPA Sections 152, 274, 275–299 o S v Lubaxa 2001 (2) SACR 703 (SCA) 3. SENTENCING 3.1. Principles of sentencing Chapter 28 and 29 of the CPA Sections 51-53 of the Criminal Law Amendment Act 105 of 1997 S v Malgas 2001 (1) SAR 469 (SCA) S v Karolia 2006 (2) SACR 75 (SCA) S v Mthimkulu 2013 (2) SACR 89 (SCA) 3.2. Types of sentences - Section 276 - Imprisonment - Committal to a treatment centre - Fine - Correctional supervision - Sentencing of juveniles o Sections 290 and 297 of the Code o Suspension of sentence of various conditions o Conditional/unconditional postponement of sentence o Caution and discharge 3.3. Sentencing discretion - Mandatory minimum sentencing: Criminal Law Amendment Act 105 of 1997 - S v Malgas 2001 (1) SACR 469 (SCA) - Mitigating and aggravating factors 4. APPEALS AND REVIEWS 4.1. REVIEW - Constitution Section 35(3)(o) - CPA Chapter 30 (i) the difference between appeals and reviews (ii) powers of the court on appeal and review R v Dhlumayo 1948 (2) SA 677 (A) at 705-706 S v Rabie 1975 (4) SA 855 (A) S v Van Aswegen 2001 (2) SACR 97 (SCA) – all evidence to be taken into account S v S 1999 (1) SACR 608 (W) - review S v Bogaards 2013 (1) SACR 1 (CC) – paras [37] and [41] 4.2. APPEAL - Constitution Section 35(3)(o) - CPA Chapters 30 and 31 - From Lower Courts o CPA Sections 309 and 310 o Magistrates' Courts: Rule 67 WĂŐĞϮϱ  This gazette is also available free online at www.gpwonline.co.za 394  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 - From the High Courts o CPA Sections 315–322 5. THE ADMISSIBILITY/ INADMISSIBILITY OF RELEVANT EVIDENCE 5.1. Hearsay evidence - Common law exceptions - The Law of Evidence Amendment Act 45 of 1988 5.2. The parol evidence rule - Hoffmann & Zeffertt, chapter 14 KPMG Chartered Accountants (SA) v Securefin Ltd 2009 (4) SA 399 (SCA) at para [39]. 5.3. Similar fact evidence (SFE) (SCH – CHP 7) (ZEF - CHP 9) - Rationale for the exclusion of SFE - Rule for the admissibility of SFE: the Makin formulation & the Boardman formulation 5.4. Character evidence (SCH – CHP 6) (ZEF – CHP 8) - Introduction to character evidence - Character in criminal cases o Sections 197, 211 of the CPA - Character in civil cases 5.5. Opinion evidence (SCH – 8)(ZEF - CHP 10) - The Hollington rule - Opinion of a lay person - Expert witness Menday v Protea Assurance Co Ltd 1976 (1) SA 565 (E) the headnote Coopers (SA) Pty Ltd v Deutsche Gesselschaff Fur Schadlingsbekampfung Mbh 1976 (3) SA 352 (A) the headnote Schneider NO and Others v AA and Another 2010 (5) SA 203 (WCC) at 211J – 212B 5.6. Previous consistent statements (PCS) (SCH – CHP 9) (ZEF - CHP 14) - Reason for the exclusion of previous consistent statements - Exceptions to the general rule o To rebut a suggestion of recent fabrication o Complainant in a sexual case o Identification 6. EVIDENCE 6.1. Confirmation or cautionary rules in regard to: WĂŐĞϮϲ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   395 (i) Single witnesses: Section 208 of the CPA; (ii) Evidence of identification: S v Mthetwa 1972 (3) SA 766 (A) at 768A—C (iii) Complaints in matters of a sexual nature: S v Jackson 1998 (1) SACR 470 (SCA); (iv) Children; (v) Confessions: Section 209 of the CPA; (vi) Accomplices; (vii) Traps See, generally, the commentary on the cautionary rule in Commentary on the Criminal Procedure Act by Du Toit et al under Section 208 of the CPA 6.2. Presumptions (i) Onus (on criminal cases in respect of defences pleaded); (ii) Particular presumptions (a) Drugs and Drug Trafficking Act 140 of 1992; (b) The CPA; (c) Sections 65(3) and (4) of the National Road Traffic Act 93 of 1996; (iii) The effect of Section 35 read with Section 36 of the Constitution, 108 of 1996, and statutory presumptions. S v Coetzee and others 1997 (3) SA 527 (CC). 6.3. Admissions and confessions (i) Sections 217—220 of the CPA; (ii) The effect of Section 35 read with Section 36 of the Constitution on admissions and confessions. 6.4. Documentary evidence Section 212, particularly ss 212(1), (4), (8), (9), (11) and (12); and Sections 213, 221, 233, 234 and 236 of the CPA. 6.5. Mental capacity of accused persons Chapter 13 of the CPA; Criminal Law Amendment Act 1 of 1988. 6.6. Search and seizures Sections 20-22 of the CPA 6.7. Entrapment Section 252A of the CPA. Case law references in the commentary (Du Toit et al), including: 6.8. The status of evidence illegally obtained (Having regard to Sections 35 and 36 of the WĂŐĞϮϳ  This gazette is also available free online at www.gpwonline.co.za 396  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Constitution and the commentary under Section 225 of the CPA in Du Toit et al) 6.9. Unreasonable delay / Permanent stay Sections 168 and 342A of the CPA 7. LEGISLATION 7.1. Constitution of the Republic of South Africa, 1996 Sections 35 and 36 7.2. The Law of Evidence Amendment Act 45 of 1988 (Hearsay) Kapa v The State 2023 (1) SACR 583 (CC) at paras [18], [77] and [99] to [108] 7.3. Accused’s right of access to information contained in the State brief / Police docket (Having regard to the provisions of Sections 35 and 36 of the Constitution.) Shabalala and others v Attorney General, Transvaal and another 1996 (1) SA 725 (CC) 1995 (2) SACR 761 (CC) the headnote 7.4. Preservation, confiscation, restraint and forfeiture orders Sections 34 and 35 of the CPA MODULES CURRICULUM READING LISTS AND COURSE CONTENT Information and Introduction to information and International Bar Association’s Cybersecurity communication communication technology for legal Guidelines published in October 2018. technology for professionals See https://www.ibanet.org/LPRU/cybersecurity- practice, and Awareness of cyberattacks. guidelines.aspx associated aspects Security of personal information of cyber law Protective risk management strategy. The Guidelines cover the required information Reg 6 (10)(n) Awareness and protecting against and communication technology for practice, and fraudulent transfers out of the trust associated aspects of cyber law in detail. account. However, the Guidelines are for general Data response plan in the IBA information for practitioners. The Guidelines are cybersecurity guideline published in not being examined. October 2018 Chapter 1: Technology For examination purposes read the following: Chapter 2: Organisational processes Electronic Communications and Transactions Act Chapter 3: Staff training 25 of 2002, Chapter III, Part 1, sections 11 to 20. Responsibility for personal/ commercial Spring Forest Trading CC v Wilberry (Pty) Ltd t/a information. Ecowash 2015 (2) SA 118 (SCA) Specific cyber security tips. Borcherds and Another v Duxbury and Others 2021 (1) SA 410 (ECP) at paras [22] to The future of artificial intelligence as a [38] WĂŐĞϮϴ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   397 boon and a threat to legal practitioners. Aarifah Security Services CC v Jakoita Properties (Pty) Ltd and Others 2021 (5) SA 207 (GJ) at The use of technology in the legal para [63] industry, including electronic discovery Compare and contrast: and case management systems The Global & Local Inv Advisors (Pty) Ltd v Fouche legal framework for cyber law in South 2021 (1) SA 371 (SCA) ([2019] ZASCA 8) at Africa, including the Electronic paras [15] and [16] Communications and Transactions Act and the Protection of Personal Hawarden v Edward Nathan Sonnenbergs Inc Information Act 2023 (4) SA 152 (GJ) at paras [1] to [4] and paras Cybersecurity and data privacy [63] to [97] and [108]. Reversed on appeal: considerations for legal professionals Edward Nathan Sonnenberg Inc v and their clients Hawarden 2024 (5) SA 9 (SCA) – the headnote Ethical and professional considerations when using technology in practice Consider paragraph [17] in Mosselbaai Drafting policies and procedures for Boeredienste (Pty) Ltd v OKB Motors CC (Case technology use in a law firm no 1216/21) [2023] ZASCA 91 (09 June 2023). PAPER 3 – NEW SYLLABUS 2026 PAPER 3: WILLS AND ESTATES and MATRIMONIAL LAW MODULES CURRICULUM READING LISTS AND COURSE CONTENT Introduction to Wills and Estates Legislation Wills and Estates The Wills Act 7 of 1953 Reg 6 (10)(j) Wills Van der Merwe v The Master and Another 2010 The Wills Act 7 of 1953 (6) SA 544 (SCA) especially at paras [14] to [19] The Trust Property Control Act 57 of Delport v Le Roux 2022 ZAKZD 51 1988. Intestate Succession Act 81 of 1987 Drafting Wills. Using plain language, avoid old Maintenance of Surviving Spouses Act 27 of 1990 precedents. Recognition of Customary Marriages Act 120 of Taking instructions, what one needs 1998 to know to draft a will. Proper Reform of Customary Law of Succession and consultation. Regulation of Related Matters Act 11 of 2009. The role of sound literacy skills. Interpreting (archaic) Wills. Administration of Estates Act 66 of 1965 Capacity to benefit under a Will Estate Duty Act 45 of 1955 Incompetency of a person involved The Trust Property Control Act 57 of 1988 in the execution of a Will to inherit and the maxim of “de bloedige National Health Act 61 of 2003 hand erft niet”. Formalities and the Execution of PRINCIPAL WORKS Wills - Section 2(1)(a) • Jamneck & Rautenbach The Law of Succession Amendments of Wills - Section in South Africa, 3rd Edition, (2017) Oxford 2(1)(b); Codicils University Press, Cape Town The Court’s overriding discretion WĂŐĞϮϵ  This gazette is also available free online at www.gpwonline.co.za 398  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 regarding the validity of wills - • Testamentary Succession in General (Section 2(3)) • Ngubane v RAF 2022 (5) SA 231 (GJ) especially at para [27] Drafting Living Wills. • Formalities and the Execution of Wills, Does the National Health Act 61 of Amendments of Wills, and 2003 make provision for a living will? Incorporation by Reference Testate and Intestate Succession. • Capacity to make a will and to witness Intestate Succession Act 81 of 1987. a will Maintenance of Surviving Spouses • Capacity to Benefit under a Will or on Act 27 of 1990 Intestacy Recognition of Customary Marriages • Invalidity of Wills Generally: Mistake, Act 120 of 1998 Fraud, Duress and Undue Influence; Reform of Customary Law of Revocation and Revival Succession and Regulation of • Custody and Registration of Wills Related Matters Act 11 of 2009. • Appointment of Heirs and Legatees: Administration of deceased estates. Dies, Conditions • Vesting Drafting liquidation and • Substitution distribution accounts • Legacies Administration of Estates Act 66 of • Accrual 1965 • Interpretation: Principles o Canons of Construction and Estate duty. Presumptions Estate Duty Act 45 of 1955. o Specific Words and Phrases What to do when the validity of a will is contested. • Intestate Succession Drafting wills and trusts and estate administration Intestacy and Wilkinson and Another v Crawford NO and inheritance law Estate planning and Others 2021 (4) SA 323 (CC) at paras [1] to [12], tax considerations Ethics and [23], [31] to [33], and especially paras [67] to [78] professional responsibility in wills and estates practice MODULES CURRICULUM READING LISTS AND COURSE CONTENT Matrimonial Law Taking instructions in detail. Legislation Reg 6 (10)(k) Advice on marriage and its consequences Candidates must read the legislation listed below. Ante-nuptial contracts Candidates are NOT required to memorise the Advice on out of community of contents of the legislation. Candidates will be property with or without the accrual assessed on their ability to understand and apply system and marriage in community the legislation and regulations published in terms of property of that legislation. In the exams, candidates will Divorce and its consequences be required to read the legislation provided in the Complying with Rule 41A question and demonstrate their ability to Redistribution orders understand and apply the legislation and Drafting particulars of claim / regulations. defence. Drafting Rule 43 Applications: E v E The case law below is part of the PVT curriculum WĂŐĞϯϬ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   399 2019 (5) SA 566 (GJ) AND will be examined. Candidates are not required to know the statutes or case law by How to settle matrimonial disputes heart. Candidates must understand the principles outside Court. ADR in Family Law. in the cases and the legislation. Advice on rights and duties concerning children, including: Births and Deaths Registration Act 51 of 1992 Birth and registration of births Child Justice Act 75 of 2008 Recognition of the unborn child Children’s Act 38 of 2005 and Regulations Adoptive children: Civil Union Act 17 of 2006 Step-children: and, Criminal Law (Sexual Offences and Related Children in foster care. Matters) Amendment Act 32 of 2007 The best interests of the child Divorce Act 70 of 1979 principle. Chapter 3 of the Children’s Act 38 EB (born S) v ER (born B) and Others; KG v of 2005 sections 18 to 41 Minister of Home Affairs and Others (CCT 364/21; CCT 158/22) [2023] ZACC 32 (10 Drafting particulars of claim and a October 2023) especially at paras [108], [109], plea. [120] to [133], [145] and [149] NOTE WELL: Practice Directives will not be examined unless a copy Domestic Violence Act 116 of 1998 of the relevant directive is supplied Domicile Act 3 of 1992 to candidates writing the exams. Hague Convention on International Child A discussion on the judgment in B v Abduction 72 of 1996 – repealed and re-enacted B. in Act 38 of 2005 Maintenance Act 99 of 1998 The duty of a practitioner in all Maintenance of Surviving Spouses Act 27 of 1990 family matters to resolve disputes Marriage Act 25 of 1961 quickly and cheaply. That Matrimonial Property Act 88 of 1984 practitioners are not to adopt an Mediation in Certain Divorce Matters Act 24 of adversarial approach in family law 1987 cases. Prevention and Combating of Trafficking in Persons Act 7 of 2013 Domestic violence and abuse Protection from Harassment Act 17 of 2011 Alternative dispute resolution in Pottas v Plath 2022 (4) SA 301 (GJ) at para [1] family law Recognition of Customary Marriages Act 120 of 1998 Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act 6 of 1989 South African Citizenship Act 88 of 1995 South African Passports and Travel Documents Act 4 of 1994 Accrual system Honey v Honey 1992 (3) SA 609 (W) at 612 B – D Odendaal v Odendaal 2002 (1) SA 763 (W) ST v CT 2018 (5) SA 479 (SCA) at paras [33] to [36] and [39] EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others (CCT 364/21; CCT 158/22) [2023] ZACC 32 (10 October 2023) especially at paras [108], [109], [120] to [133], [145] and [149] WĂŐĞϯϭ  This gazette is also available free online at www.gpwonline.co.za 400  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Antenuptial contracts CB v DB 2023 (1) SA 381 (SCA) at para [7] EB (born S) v ER (born B) and Others, op cit. Damages claim based on adultery RH v DE 2014 (6) SA 436 (SCA) confirmed on appeal in DE v RH 2015 (5) SA 83 (CC) Customary marriage Gumede v President of the Republic of South Africa 2009 (3) SA 152 (CC) Netshituka v Netshituka 2011 (5) SA 453 (SCA) at para [15] MM v MN and Another 2013 (4) SA 415 (CC) Muslim marriages Women’s Legal Centre Trust v President of the Republic of South Africa 2022 (5) SA 323 (CC) Change of matrimonial regime Sithole v Sithole 2021 (5) SA 34 (CC) at paras [47] and [50] Divorce Irretrievable breakdown of marriage Schwartz v Schwartz 1984 (4) SA 467 (A) Interpretation of divorce order concerning pension fund MN v FN 2020 (2) SA 410 (SCA) Old Mutual Life Assurance Company (SA) Ltd and Another v Swemmer 2004 (5) SA 373 (SCA) Maintenance Kruger NO v Goss 2010 (2) SA 507 (SCA) Best interests of the child J v J 2008 (6) SA 30 (C) the entire case Views of the children HG v CG 2010 (3) SA 352 (ECP) Redistribution orders GKR v Minister of Home Affairs 2022 (5) SA 478 (GP) DM v CM 2022 (6) SA 255 (GJ) at para [180] Adoption TT v Minister of Social Development 2023 (2) SA 565 (GJ) at paras [80] to [91] Births WĂŐĞϯϮ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   401 EJ and Others v Haupt 2022 (1) SA 514 (GP) Centre For Child Law v Director-General, Department of Home Affairs and Others 2022 (2) SA 131 (CC) Children FS v JJ 2011 (3) SA 126 (SCA) – very important case for many reasons – this case will feature in the candidates’ examinations often For example: “the court pointed out that the present litigation had not been in any of the parties' interests. It endorsed the views expressed in MB v NB 2010 (3) SA 220 (GSJ) that mediation in family matters is a useful way of avoiding protracted and expensive legal battles, and that litigation should not necessarily be a first resort. (Paragraph [54].)” Martens v Martens 1991 (4) SA 287 (T) at 295 D- E the court held it is not bound by the decision of a foreign Court where the interests of minor children are at stake Removal of child to temporary safe care C v Dept of Health & Social Dev, Gauteng 2012 (2) SA 208 (CC) Rights of unmarried father FS v JJ 2011 (3) SA 126 (SCA) – very important case for many reasons – this case will feature in the candidates’ examinations often PAPER 4 – NEW SYLLABUS 2026 PAPER 4: PROFESSIONAL LEGAL ETHICS, CONSTITUTIONAL PRACTICE, LABOUR DISPUTE RESOLUTION and ADR MODULES CURRICULUM READING LISTS AND COURSE CONTENT Professional Legal Introduction to legal ethics and Legal Practice Act 28 of 2014: ss 33 - 35 Ethics professional responsibility (“LPA”) Reg 6 (10)(b) Lewis Golden Rule: all legal practitioners must avoid conduct The South African Legal Practice Council which could damage their reputation Code of Conduct in terms of s 36(1) of the as honourable people and honourable LPA lawyers. - Part I: Definitions The seven universal ethical principles - Part II: Code of Conduct: General Provisions WĂŐĞϯϯ  This gazette is also available free online at www.gpwonline.co.za 402  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 The current Code of Conduct of 29 - Part III: Conduct of Attorneys March 2019 applicable to attorneys: - Part VI: Conduct of legal practitioners and Section 3 in Part II of the general candidate legal practitioners in relation to provisions in the Code of Conduct. appearances in court and before tribunals Section 56 in Part VI: Scope and - Part VII: Conduct of legal practitioners not limits of legitimate cross-examination in private practice. especially in the Magistrates’ Courts. Section 60 in Part VI: Commitment of University of South Africa v Socikwa and legal practitioner to an effective court Others (J 675/23; J 680/23) [2023] ZALCJHB process. 172 (7 June 2023) Conflicts of interest, legal privilege, Freedom Under Law v Judicial Service and confidentiality. Commission and Another (550/2022) [2023] What to do when client’s instructions ZASCA 103; [2023] 3 All SA 631 (SCA) (22 amount to “a hopeless case”. June 2023) Ex Parte Minister of Home Affairs and How fiduciary duties are based on the Another 2024 (2) SA 58 (CC) at paras [105] to principles and precepts of ethics. [118] Consider: Limpopo Provincial Council of the All legal practitioners and candidate legal South African Legal Practice Council practitioners have their essential ethical v Chueu Incorporated Attorneys and duties enumerated in the Code of Conduct Others [2023] ZASCA 112 at paras published in March 2019. [26] to [28] Candidate attorneys are required to know those parts of the Code that relate to all legal practitioners and specifically to attorneys. Candidate attorneys will be assessed accordingly. Principles governing the hopeless case “The ethics of the hopeless case”, Owen Rogers, Advocate December 2017 Motswai v Road Accident Fund 2013 (3) SA 8 (GSJ) at paras [26]-[37] University of South Africa v Socikwa and Others (J 675/23; J 680/23) [2023] ZALCJHB 172 (7 June 2023) Freedom Under Law v Judicial Service Commission and Another (550/2022) [2023] ZASCA 103; [2023] 3 All SA 631 (SCA) (22 June 2023) To exercise the duty of care and skill Code of conduct section 18.14 MODULES CURRICULUM READING LISTS AND COURSE CONTENT Constitutional Practice Introduction to Constitutional Law Constitution of the Republic of South Africa, Reg 6 (10)(a) What is “the rule of law” 1996 WĂŐĞϯϰ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   403 How the Constitution is transformative Rules of the Constitutional Court, 2003 in nature Directives of the Constitutional Court Jurisdiction of our courts to hear constitutional matters: the 2013 1. GENERAL change to the jurisdiction of the This course will prepare candidates to Constitutional Court. understand the principles, concepts and the Rules and Directives: Constitutional procedure of Constitutional litigation. Court. Eleven ways to the Constitutional 1.1. Access to the Constitutional Court Court. - Superior Courts Act, sections 16 and 17 Advising clients about their - Constitutional Court Rule 19 Constitutional rights, duties and What is a “constitutional matter”? obligations. S v Boesak 2001 (1) SA 912 (CC) especially Advising clients on the Constitutional paras [10] to [15]. Court’s stance on legal standing Advising clients on the remedies that 1.2. The Bill of Rights, Constitutional matters & can be awarded by the Constitutional any other matter that raises an arguable point Court of law of general public importance which ought How to apply Chapter 2 of the Bill of to be considered Rights and the limitations clause. - Constitution, section 167(3)(b) & 167(6)(a) & How to apply the rest of the (b) Constitution in giving advice to clients. CC Rule 18. Candidates must be up to date with CC Rule 19. case law from the Constitutional Court Jurisdiction of the Constitutional Court and the Supreme Court of Appeal to University of Johannesburg v Auckland Park within one week before their exams. Theological Seminary and Another 2021 (6) SA 1 (CC); 2021 (8) BCLR 807; [2021] ZACC 13 at 1. GENERAL paras [39] to [52] 1.1. Historical approach to customary law - Intervention in the Constitutional Court - Law of Evidence Amendment Act CC Rule 8. 1988 s 1(1), (2) - Confirmation proceedings in the Constitutional Court 1.2. Customary law under the Section 167(5) of Constitution. constitution CC Rule 16. - The Constitution, sections 30, 31, 39, 211 - The exclusive jurisdiction of the Constitutional o Alexkor Ltd and Another v Court Richtersveld Community and Others CC Rules 14 to 1. 2004 (5) SA 460 (CC) (2003 (12) Section 167(4) of Constitution BCLR 1301; [2003] ZACC 18) at para [51] Content and limitation of rights o Bhe and Others v Magistrate, Chapter 2 of the Constitution, especially section Khayelitsha and Others; Shibi v 36. Sithole and Others; SA Human Rights NM and Others v Smith 2007 (5) SA 250 (CC) Commission and Another v President especially paras [33] to [45]. of the RSA and Another 2005 (1) Government of the Republic of South Africa BCLR 1 (CC) 2005 and Others v Grootboom 2001 (1) SA 46 (CC) o Shilubana and Others v Nwamitwa especially paragraphs [39] to [46]. and Others 2009 (2) SA 66 (CC) (2008 (9) BCLR 914; [2008] ZACC 9) 1.3. Costs in Constitutional matters - Biowatch Trust v Registrar Genetic Resources and Others 2009 (6) SA 232 (CC) paras [16] WĂŐĞϯϱ  This gazette is also available free online at www.gpwonline.co.za 404  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 and [20] to [24] and [56] 2. SPECIFIC PROCEDURES 2.1. Direct access applications - Constitutional Court Rule 18 - Lesbian & Gay Equality Project v Minister of Home Affairs 2006 1 SA 524 (CC) par 39 Ashebo v Minister of Home Affairs and Others [2023] ZACC 16 at footnote 1 and paras [57] and [60] - Mazibuko v Sisulu 2013 6 SA 249 (CC) - SA Informal Traders Forum v City of Johannesburg; SA National Traders Retail Assoc. v City of Johannesburg 2014 4 SA 371 (CC) UDM v Speaker, NA 2017 (5) SA 300 (CC) (2017 (8) BCLR 1061; [2017] ZACC 21) at para [23] - Urgent applications Constitutional Court Rule 12 2.2. Declaration of constitutional invalidity - Constitution, section 172(2) - Constitutional Court Rules 15 and 16 - Director of Public Prosecutions v Mohamed 2003 (4) SA 1 (CC) at para [56] - Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others [2023] ZACC 13; 2023 (8) BCLR 905 (CC) especially at paras [141], [147], [158] and [193] to [195] 2.3. Amicus curiae and joinder applications - Constitutional amicus interventions in the High Court Uniform Rule 16A. Constitutional amicus interventions in the the SCA SCA Rule 16. - Constitutional Court Rules 5, 8 and 10 Ex parte Institute for Security Studies: In re S v Basson 2006 (6) SA 195 (CC) especially at paras [5] to [11] 3. CONSTITUTIONAL REMEDIES Minister of Health and Others v Treatment Action Campaign and Others (No 2) 2002 (5) SA 721 (CC) especially paras [96] to [114]. Mwelase v Director General, Department of Rural Development & Land Reform 2019 (6) SA 597 (CC) at para [51]. WĂŐĞϯϲ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   405 3.1. Declaration of invalidity, reading down, reading in & severance - Hierarchy of remedies Van Rooyen v The State 2002 (5) SA 246 (CC) - Declarations of invalidity S v Makwanyane 1995 (3) SA 391 (CC) par 151 National Coalition for Gay and Lesbian Equality & Others v Minister of Home Affairs & Others 2000 (2) SA 1 (CC) par 73–76 - Reading down & Severance Investigating Directorate: Serious Economic Offences & Others v Hyundai Motor Distributors (Pty) Ltd & Others: In re Hyundai Motor Distributors (Pty) Ltd v Smit NO & Others 2001 (1) SA 545 (CC) Lawyers for Human Rights & Another v Minister of Home Affairs & Another 2004 (4) SA 125 (CC) Coetzee v Government of the Republic of South Africa; Matiso & Others v Commanding Officer, Port Elizabeth Prison 1995 (4) SA 631 (CC) par [51] Minister of Home Affairs v National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) & Others 2005 (3) SA 280 (CC) National Coalition for Gay and Lesbian Equality & Others v Minister of Home Affairs & Others 2000 (2) SA 1 (CC) par 63-64 - Reading In National Coalition for Gay and Lesbian Equality & Others v Minister of Home Affairs & Others 2000 (2) SA 1 (CC) par 67-68 Khosa & Others v Minister of Social Development & Others; Mahlaule & Others v Minster of Social Development & Others 2004 (6) SA 505 (CC) Bhe & Others v Magistrate, Khayelitsha & Others; Shibi v Sithole & Others; SA Human Rights Commission & Another v President of the RSA & Another 2005 (1) SA 580 (CC) 3.2. Retrospectivity and suspension of invalidity - Nyathi v MEC of the Department of Health & Another 2008 (5) SA 94 (CC) - Matatiele Municipality & Others v President of the Republic of South Africa & Others 2007 (1) BCLR 47 (CC) par 96 - Ex Parte Women’s Legal Centre: In re Moise v Greater Germiston TLC 2001 (4) SA 1288 (CC) par 13 - Masiya v Director of Public Prosecutions, WĂŐĞϯϳ  This gazette is also available free online at www.gpwonline.co.za 406  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Pretoria & Another (Centre for Applied Legal Studies & Another, Amici Curiae) 2007 (5) SA 30 (CC) par 47-57 3.3. Interdicts, interim orders and supervisory orders - Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) 2017 (3) SA 335 (CC) 3.4. Constitutional damages - Fose v Minister of Safety and Security 1997 (3) SA 786 (CC) paras [60] and [67] - Minister of Safety and Security & Another v Carmichele 2004 (3) SA 305 (SCA) - Minister of Safety and Security v Van Duivenboden 2003 (1) SA 389 (SCA) para [21] - President of the Republic of South Africa and Another v Modderklip Boerdery (Pty) Ltd (Agri SA and Others, Amici Curiae) 2005 (5) SA 3 (CC) MODULES CURRICULUM READING LISTS AND COURSE CONTENT Labour Dispute Introduction to the Industrial Relations PRINCIPAL WORKS Resolution Framework. • Grogan, Workplace Law Juta, 13th Edition Reg 6 (10)(g) 2020 Identification of an employee. • Grogan, Dismissal, Juta, 4th Edition Permanent employees. NOTE WELL: Practice Temporary employees. COIDA and domestic workers Directives will not be Disciplinary Proceedings and Mahlangu and Another v Minister of Labour and examined unless a copy Hearings. Others 2021 (2) SA 54 (CC) at paras [71] to of the relevant directive [107] is supplied to candidates Unfair labour practices and writing the exams. Dismissals. Suspension Bargaining Agents, Forums and Limpopo Provincial Council of the South African Collective Bargaining. Legal Practice Council v Chueu Incorporated Dispute resolution including disputes Attorneys and Others [2023] ZASCA 112 at about collective agreements paras [31] to [33] The process of conciliation. How to prepare and move an interdict Strikes and lockouts in the labour court. National Union of Metalworkers of South Africa How to differentiate between a v Trenstar (Pty) Ltd [2023] ZACC 11; (2023) 44 sufficiently representative trade union, ILJ 1189 (CC); 2023 (7) BCLR 814 (CC); [2023] majority and minority unions 7 BLLR 609 (CC); 2023 (4) SA 449 (CC) at How to determine the validity of an paras [47] and [48] extension of a collective agreement to Numsa obo Dhludhlu and Others v Marley Pipe members not party to the collective Systems (SA) (Pty) Ltd 2023 (1) SA 338 (CC) agreement How to ensure a strike is protected Disciplinary proceedings WĂŐĞϯϴ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   407 Hamata v Chairperson, Peninsula Technikon Labour Relations Act 66 of 1995 Internal Disciplinary Committee 2002 (5) SA (LRA) 449 (SCA) ([2002] ZASCA 44) at para [5] and the important nuances at paras [12] and [20] to Chapter II Freedom of Association [22] and General Protections – sections 4 Dyantyi v Rhodes University 2023 (1) SA 32 to 10 (SCA) at paras [21] to [23] Employees' right to freedom of association Dismissal Protection of employees and persons Amcu v Royal Bafokeng Platinum Ltd 2020 (3) seeking employment SA 1 (CC) at paras [102] to [126] Employers' right to freedom of association Collective Bargaining and Organisational rights Protection of employers' rights Rights of trade unions and employers' CCMA rules organisations Procedure for disputes NUMSA v Bader Bop (Pty) Ltd & another [2003] Burden of proof 2 BLLR 103 (CC) Solidarity & others v Eskom Holdings Ltd (2012) Chapter III Collective Bargaining Part 33 ILJ 464 (LC) A Organisational rights – sections 11 Growthpoint Properties (Pty) Ltd v SACCAWU to 22 (2010) 31 ILJ 2539 (KZD). Part B Collective agreements – The Occupational Health and Safety Act 85 of sections 23 to 26 1993 (OHSA) and the Unemployment Insurance Act 63 of 2001 (UIA) CHAPTER VII DISPUTE RESOLUTION Part A Gunter v Compensation Commissioner 2009 Commission for Conciliation, (30) ILJ 2341 (0). Mediation and Arbitration – sections Twalo v Minister of Safety and Security and 112 to 114 Another 2009 (30) ILJ 1578 (Ck). Mahlangu and Another v Minister of Labour and Part C Resolution of disputes under Others 2021 (1) BCLR 1 (CC); [2021] 2 BLLR auspices of Commission – sections 123 (CC). 133 to 135 Association of Mineworkers and Construction Rules for the Conduct of Proceedings Union and Others v Chamber of Mines of South before the CCMA: GN R3318 of 2023 Africa and Others 2017 (3) SA 242 (CC) IN GG 48445 of 21 Apr 2023 Securicor (SA) (Pty) Ltd v Lotter 2005 (5) SA Part D Labour Court – sections 151 540 (E) and 156 to 166 Part E Labour Appeal Court – sections 172 to 180 and 182 and 183 Labour Appeal Court Rules and Labour Court Rules GN 4775 of 2024 GG 50608 of 3 May 2024 Chapter VIII Unfair Dismissal And Unfair Labour Practice – sections 185 to 197B WĂŐĞϯϵ  This gazette is also available free online at www.gpwonline.co.za 408  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Basic Conditions of Employment Act 75 of 1997 (BCEA) Chapters Two, Three, Four and Five Employment Equity Act 55 of 1998. Chapters II and III MODULES CURRICULUM READING LISTS AND COURSE CONTENT Alternative Dispute Introduction to alternative dispute PRINCIPAL WORKS: Resolution resolution (ADR) • Grogan, Workplace Law Juta (2015) chapter Reg 6 (10)(h) The impact of Rule 41A of the 20 Uniform Rules of Court • Ramsden McKenzie’s Law of Building and Understand that courts expect actual Engineering Contracts and Arbitration Juta compliance with Rule 41A and not (2014) mere lip service. Tobie Wiese Alternative dispute resolution in Defining and understanding: - what is South Africa, Negotiation, Mediation and a conflict. Arbitration 2021 Juta Negotiation. Conciliation 1. INTRODUCTION Mediation. 1.1. Distinction between adversarial Protection of Investment Act 22 of proceedings and facilitative / consensus- 2015, section 13. building processes. The role of a mediator. Arbitration. Arbitration Act 42 of 1965 and the 1.2. Conflict management and dispute International Arbitration Act 15 of resolution 2017. - LSSA Manual on Alternative Dispute The role of ADR in litigation. Resolution - Access to justice and social justice - Rights vs interest disputes - Rights vs position-based negotiation - Ethics involved in conciliation (conflicts of interest, confidentiality, mediator liability) - Drafting certificates, outcome reports, settlement agreements 2. COURT-ANNEXED MEDIATION PROCESSES 2.1. Rule 41A, Uniform Rules of Court 2.2. Magistrates court - Rules of Voluntary Court-Annexed Mediation, 2014 - Rules: Conduct of proceedings of Magistrate’s Courts of South Africa, 2019 2.3. Divorce Mediation - Function of the mediator WĂŐĞϰϬ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   409 - Children’s Act, Brownlee v Brownlee Gauteng Local Division 2008/25274 - Best interests of the child, parenting plan, maintenance, division of assets, Memorandum of Understanding Mediation in Certain Divorce Matters Act 24 of 1987 Centre For Child Law v TS and Others 2023 (6) SA 1 (CC) 3. ARBITRATION 3.1. Arbitration Agreements - Jurisdiction Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd & Others [2023] ZASCA 115 and the general principle in favour of pleading over and the consequences of failing to plead over in all adversarial litigation Close-Up Mining and Others v Boruchowitz NO and Another 2023 (4) SA 38 (SCA) especially at paras [10] to [16], [23] and [34] to [36] - Competence-competence principle - Enforcement of arbitral awards: o Domestic - Arbitration Act 42 of 1965 o International - International Arbitration Act 15 of 2017 - Section 13 of the Protection of Investment Act 22 of 2015 3.2. Role of chairperson (presiding officer) and participant 3.3. Employment arbitration - CCMA or bargaining council o Issues for mediation/ conciliation o Issues for arbitration - Private arbitration 3.4. Construction Arbitration - Charter of Disputes - ICC recommendations - FIDIC & JBCC contracts PAPER 5 – NEW SYLLABUS 2026 PAPER 5: ATTORNEYS BOOKKEEPING (INCLUDING TRUST ACCOUNT MANAGEMENT), LEGAL COSTS and INTRODUCTION TO PRACTICE MANAGEMENT MODULES CURRICULUM READING LISTS AND COURSE CONTENT WĂŐĞϰϭ  This gazette is also available free online at www.gpwonline.co.za 410  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Attorneys’ Bookkeeping Introduction to bookkeeping and A sound understanding of Chapter 7 of the Reg 6 (10)(i) accounting principles LPA. Candidates will not be examined on their ability to carry out double entry In particular Sections 84, 86, 87, 88 and 91. accounting and their ability to manually write a set of books from An understanding of: Part XII of the rules as prime entry to balance sheets. gazetted. This includes manual entry into In particular Sections 54.6, 54.7, 54.8, 54.9, cashbooks, ledgers and journals. 54.10, 54.11, 54.12, 54.13, 54.14, 54.14.7.1, The course content must integrate 54.14.7.2, 54.14.8, 54.14.9, 54.14.10 and modern accounting technologies. This 11, 54.14.12, 54.14.13, 54.14.14, 54.15, will better equip practitioners to handle 54.16, 54.19, 54.20 financial management within a modern digital landscape. Where must the records be kept in order to Note that manual transaction comply with the rule? How to electronically recording has been eliminated store accounting records and to preserve within the profession. them. How historic data may be retrieved and presented for inspection when required. GENERAL Retention of accounting records Rule 54.9 Candidates must be introduced to the The use and application of firewalls and anti- following: virus software for the firms accounting - Electronic banking as used system. by attorneys’ practice - The available software What is an asset? commonly used by attorneys What is a liability? to comply with the accounting What is income? requirements of the LPA and What is an expense? Regulations and Rules e.g., What is a fixed cost? Xero, QuickBooks, Pastel. What is a variable cost? Law74, Winlaw, Practice What is a business expense? Manager etc. What is a private expense? - How to enter daily transactions into the system Consider paragraph [17] in Mosselbaai - Monitoring the trust account Boeredienste (Pty) Ltd v OKB Motors CC using the available software (Case no 1216/21) [2023] ZASCA 91 (09 - A brief introduction to AI and June 2023) Blockchain in Legal Accounting 1. Introduction The role of the LPFF Legislation Law firm financial management Section 34 of the Legal Practice Act 28 of - Handling trust money in accordance 2014 with client instructions Chapter 6 Part 1 of the Legal Practice Act - The principle that funds held in trust Section 84 of the Legal Practice Act do not belong to the firm/practice and Section 86 of the LPA an attorney is compelled to account for Section 87 of the Legal Practice Act every cent Financial Intelligence Centre Act 38 of 2001 - You must never have an overdrawn Rules trust account Rule 54.1, 54.6 and 54.7 - Under no circumstances can a trust account be used as a business or Caselaw personal account. The trust account is Supreme Court of Appeal Judgment of not a piggybank. Hewetson v The Law Society of the Free - Properly and accurately accounting State 2020 (5) SA 86 (SCA) WĂŐĞϰϮ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   411 for all trust account monies; client by Cirota and Another v Law Society of client Transvaal (3578) 1978 ZASCA 112 - Reconciling the trust account on a Law Society, Transvaal v Matthews 1989 (4) monthly basis SA 389 (T) Use recurring EFTs from the business Botha and others v Law Society, Northern account to pay the trust account bank Provinces 2009 (3) SA 329 (SCA) read the charges and fees head note - Interest on trust money Incorporated Law Society, Transvaal v K - Reporting compliance. 1959 (2) SA 386 (T) read head note Law Society, Cape v Koch 1985 (4) 379 Trust accounting and record refer to head note keeping Law Society of the Cape of Good Hope v Candidates must learn that the Budricks 2003(2) SA 11 (SCA) at 171 I-J following are the fundamental Law Society of Cape of Good Hope v obligations: Dippenaar (715/04) [2006] ZAWCHC 51 - Deposit and/or receipt all trust money Law Society of the Northern Provinces v received into the trust bank account; Mabunda and Another (LEGODI JP) [2019] - Hold it exclusively for the relevant ZAMPMBHC 8; 2734/2018 client; - To be paid to that client or as the 2. Cashbooks (Books of Prime client directs; Entry for Cash/Banking transactions) and - Account properly to that client for the respective Banking Accounts such trust money; - Trust account records must be Candidates must be introduced to cloud- maintained which clearly disclose the based accounting systems that automate position of the money in the trust transaction recording. account; software is available which How modern software can import bank will automatically display this statements directly into the cashbook, information whenever the attorney or analyse and process them and automatically any regulatory authority requires it; post to the client’s ledgers. - They must be kept in such a manner How software can automatically collate as to enable them to be conveniently Client Business Ledger with Client Trust and properly reviewed by the LPC and Ledger to determine the amount to be the LPFF; transferred at the end of the month and how - They must be up to date, clearly to minimise the risk of overdrawn Trust show the amount of trust money held Accounts. for each client; Brief introduction to AI-driven accounting - As far as practicable, they must be tools which can analyse transaction secure against retrospective alteration patterns, detect anomalies, flag suspicious or deletion. activity in trust accounts, reducing human - Firms will need to have systems and oversight and other errors and controls in place to ensure compliance misappropriation of Trust funds. with these rules and the nature of Brief introduction to how transactions those systems must be appropriate to recorded on Blockchain are immutable and the nature and volumes of client publicly verifiable, preventing unauthorised transactions dealt with and the amount alterations and ensuring accountability. of client money held or received. Candidates must know how to deal Candidates are expected to understand Part with client investment funds. Know XII of The Rules what is an investment practice – see Rule 54.8 and 54.14.7.2 rule 55. Rule 54.9, 54.10 and 54.19 Rule 54.11 Financial reporting and analysis Rule 54.14.15 WĂŐĞϰϯ  This gazette is also available free online at www.gpwonline.co.za 412  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 Compliance with legal and Rule 54.14.15.2 and 54.14.15.3 regulatory requirements Rule 54.14.16.1 Technology tools for bookkeeping Rule 54.14.16.1 and 54.14.16.2 Rule 54.14.7.2 Differentiate between a Legal Practice Rule 54.16 and a Legal Practitioner. Rule 54.34 and 54.35. Differentiate between Bookkeeping and Accounting and the importance 3. Bank Reconciliation thereof in the Legal Profession. Acceptable financial reporting - Manual bank reconciliation methods have International Financial Reporting become redundant. Candidates are not Standards (IFRS). expected to learn these methods and will not Legal Practitioners must have be examined on bank reconciliation. proficient numeracy skills. Candidates are expected to be familiar with Financial Intelligence Centre Act automated bank reconciliation tools. (FICA). - Purpose of FICA? 4. Value Added Tax (VAT) - Duties and obligations placed on a Legislation Legal Practice by the Act. Value-Added Tax Act 89 of 1991 Candidates are required to understand the Legal Practitioners’ Fidelity Fund following: (LPFF). - What is value added tax? - Establishment of the fund. - What is output VAT? - The role of the LPFF. - What is Input VAT? - Trust Account and Investment - Offset by practice of output and interest payable to the fund. input VAT? - Trust Account bank charges. - Who must register for VAT? - Refundable audit fees. - How to calculate VAT - Payment of unclaimed/unknown - Software required to manage VAT Trust monies. 5. The Trust Position Opening a Legal Practice Rules Closure of a Firm. Rule 54.14.8 Rule 54.15.1, 54.15.2 and 54.15.3. 6. Miscellaneous Rules Rule 54.9 Rule 54.14.10, 54.14.11, 54.19, 54.20, 54.21, 54.22, 54.23, 54.24, 54.25, 54.26, 54.27, 54.28, 54.29 and 54.30 Rule 54.36. Rule 54.31, 54.32 and 54.33. MODULES CURRICULUM READING LISTS AND COURSE CONTENT Legal Costs Introduction to legal costs and fee Costs in the normal course of litigation Reg 6 (10)(l) structures Limpopo Provincial Council of the South WĂŐĞϰϰ  This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 28 Maart 2025 No. 52388   413 Section 35(4) of the Legal Practice African Legal Practice Council v Chueu Act provides that the SALRC must Incorporated Attorneys and Others [2023] investigate legal costs and report to ZASCA 112 at paras [37] and [38] the Minister within two years. Until then the tariffs determined by the Contingency fees Rules Board for Courts of Law apply. Ronald Bobroff & Partners Inc v De La In the interim the module is: Guerre 2014 (3) SA 134 (CC) The concept of “legal costs” Masango v RAF 2016 (6) SA 508 (GJ) non-litigious matters TM obo MM v MEC for Health, civil litigious matters Mpumalanga 2023 (3) SA 173 (MM) Advice to client and estimate of costs Estimate of fees and disbursements Costs – punitive costs on scale as between Mandate – Taking a deposit attorney and client – discussion on the Agreed fees meaning of attorney and own client Contingency fees Moropa and Others v Chemical Industries Retainers National Provident Fund and Others 2021 Ethics in relation to costs (1) SA 499 (GJ) at paragraphs [80] to [90]. Overreaching vs undercharging Public Protector v CSARS 2022 (1) SA 340 recovery / attempted recovery of (CC) at para [33] costs for work not strictly necessary Keeping proper accounting records Failure to render accounts Different cost orders party and party costs attorney and client costs costs de bonis propriis wasted costs reserved costs / costs to stand 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 Attending Taxation Review of taxation Billing and timekeeping Retainers and fee agreements Fee disputes and collection Taxation of legal fees Ethics and professional responsibility in legal costs The role of tax consultants WĂŐĞϰϱ  This gazette is also available free online at www.gpwonline.co.za 414  No. 52388 GOVERNMENT GAZETTE, 28 March 2025 MODULES CURRICULUM READING LISTS AND COURSE CONTENT Introduction to practice Overview of the legal profession in Legal Practice Act 28 of 2014 management South Africa See Chapters 2, 3 and 4 Reg 6 (10)(o) The transformative provisions of the LPA Regulations 6 and 7 to the Legal Practice - Attorneys Act - Advocates – referral and non-referral (section 34) Rules to the Legal Practice Act - Distinction between Rules Part V practicing and non-practicing Part VI attorneys and advocates. Part VII The role of the Legal Practitioners’ Part VIII Fidelity Fund Legal practice as a business Hawarden v Edward Nathan Sonnenbergs The role of efficient management Inc 2023 (4) SA 152 (GJ) at paras [1] to [4] Business plan and paras [63] to [97] and [108]. Reversed Marketing – ethical marketing on appeal: Edward Nathan Sonnenberg Inc Financial management v Hawarden 2024 (5) SA 9 (SCA) – the - Business headnote - Personal Administration - The use of technology - Deploying the appropriate technology tools bearing in mind budgets Risk management • Risks in accounting • Cyber fraud • Business email compromise • Interception of payments from trust account • Fake instructions affecting the trust account • FICA • RICA • FAIS compliance • Money laundering • Illegal funding Personal and professional time management Starting a practice Introduction to digitising legal practice The attorney and insurance The role of AI Deploying AI tools according to the needs and budget of the practice. WĂŐĞϰϲ  This gazette is also available free online at www.gpwonline.co.za

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