Ex parte Christodolides

• Judge: Williamson J and Badenhorst AJ
• Judgment Date: 16 June 1959
• Citation: 1959 (3) SA 838 (T)
• Hearing Date: 21 May 1959
• Court: Transvaal Provincial Division

Williamson, J.:

In the prayers of a petition presented to this Court as C amended in terms of a notice of application for amendment, the applicant inter alia sought the following orders:

'(a) Declaring that the articles of clerkship entered into by the applicant and the service performed under the said articles as set out in paras. 3, 4, 5, 6 and 7 of the petition comply with the requirements of secs. 5 and 6 read with the First Schedule of Act 23 of 1934 and that the applicant will be entitled, if otherwise qualified, after the expiry of six months from the date before which his name was removed from the D Roll of Advocates to apply for his admission as an attorney of this Court . . . (d) Granting leave to your petitioner to apply on the same papers for his admission and enrolment as an attorney of the Supreme Court of South Africa (Transvaal Provincial Division) . . . after due notice has been given to the Incorporated Law Society of the Transvaal.'

The paragraphs of the petition referred to above set out that the applicant commenced service under articles of clerkship with one Paver, E an attorney duly practising as such in Johannesburg, on 20th January, 1950, and that he served the said Paver under those articles of clerkship for three years, i.e., until 18th January, 1953, such service being continuous and without break. The articles were duly registered by the Secretary of the Law Society in terms of sec. 14 of Act 23 of 1934 F on 6th February, 1950, and by the Registrar of the Transvaal Provincial Division of the Supreme Court on 7th February, 1950. Prior to entering into the said articles of clerkship the applicant had duly completed all the qualifying courses prescribed for the degree of Bachelor of Arts at the University of the Witwatersrand but the degree as such was only actually conferred on him at a graduation ceremony of that university held on 25th March, 1950.

G The applicant stated that he had now been informed that, inasmuch as the degree in question had only been conferred on him on 25th March, 1950, the period of service under the articles was in terms of para. 6 of the First Schedule to Act 23 of 1934 'null and of no effect' in H respect of the period 20th January, 1950, to 25th March, 1950, for the purposes of para. 1 of that Schedule.

In terms of the decision in Ex parte Seelig, 1954 (4) SA 484 (T), it is clear that any period of service under articles of clerkship for the purposes of para. 1 of...