Ex parte Glavonic

JurisdictionSouth Africa
JudgeCaney AJP and Pretorius AJ
Judgment Date08 August 1967
Citation1967 (4) SA 141 (N)
Hearing Date04 August 1967
CourtNatal Provincial Division

Ex parte Glavonic
1967 (4) SA 141 (N)

1967 (4) SA p141


Citation

1967 (4) SA 141 (N)

Court

Natal Provincial Division

Judge

Caney AJP and Pretorius AJ

Heard

August 4, 1967

Judgment

August 8, 1967

Flynote : Sleutelwoorde A

Attorney — Admission — Applicant previously practising as attorney in Rhodesia — Rhodesia a country approved under sec. 8 (1) of Act 23 of 1934 as enacted by sec. 5 of Act 63 of 1964.

Headnote : Kopnota

As no new regulations have been made under the new section 30 of Act 23 B of 1934, as enacted by section 15 of Act 63 of 1964, the regulations published in Government Notice 638 of 23rd April, 1937, continue to operate and do so in relation to the subject matter of the present section 8 (1), as enacted by section 5 of Act 63 of 1964, with the consequence that Rhodesia is a country approved for the purposes of that provision. C

Case Information

Application for admission as an attorney. The facts appear from the reasons for judgment.

R. C. C. Feetham, for the applicant.

J. H. Combrink, for the Incorporated Law Society.

[The Court granted the application and filed the following reasons for judgment on 8th August.]

Judgment

D Caney, A.J.P.:

These are the reasons which we undertook to file when we granted this application for admission as an attorney. The applicant, who was born in the Transvaal, has the required academic qualifications E for admission, attained in South Africa, but after obtaining them he emigrated to Southern Rhodesia and subsequently assumed Rhodesian citizenship. In that country he served articles of clerkship and became qualified for and obtained admission as an attorney, notary public and conveyancer and thereafter practised as such in Rhodesia from May, 1960, until December, 1966, when he returned to South Africa with the F intention of re-settling here permanently, as he is entitled to do and has done. On 15th February, 1967, he entered into articles of clerkship for two years to serve an attorney practising in Durban, with a provision that they be cancelled in the event of his being admitted and enrolled by this Court as an attorney prior to their expiration. To G this, having all the required qualifications, he is entitled, if he is exempted from service under articles by the provisions of sec. 8 (1) of Act 23 of 1934, as enacted by sec. 5 of Act 63 of 1964. This reads as follows:

'8. (1)

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2 practice notes
  • Berman Brothers (Pty) Ltd v Sodastream Ltd and Another
    • South Africa
    • Invalid date
    ...test adopted were followed in Nkomo and C OL,ters v Minister of Justice and Others 1965 (1) SA 498 (SRA) at 505D-G; Ex parte Glavonic 1967 ( 4) SA 141 (N) at 142H-143A; and S v Msitshana 1978 (1) SA 386 (W) at 388H-389C; and it seems to me that they should be followed by this Court. Applyin......
  • Ex parte Pincus
    • South Africa
    • Invalid date
    ...must now be E construed as a reference to the re-enactment of s 9, which is to be found in the present s 8 (1). See Ex parte Glavonic 1967 (4) SA 141 (N). Section 8 (1) applies only to persons lawfully admitted to the Republic for permanent residence, who are ordinarily resident in the Repu......
2 cases
  • Berman Brothers (Pty) Ltd v Sodastream Ltd and Another
    • South Africa
    • Invalid date
    ...test adopted were followed in Nkomo and C OL,ters v Minister of Justice and Others 1965 (1) SA 498 (SRA) at 505D-G; Ex parte Glavonic 1967 ( 4) SA 141 (N) at 142H-143A; and S v Msitshana 1978 (1) SA 386 (W) at 388H-389C; and it seems to me that they should be followed by this Court. Applyin......
  • Ex parte Pincus
    • South Africa
    • Invalid date
    ...must now be E construed as a reference to the re-enactment of s 9, which is to be found in the present s 8 (1). See Ex parte Glavonic 1967 (4) SA 141 (N). Section 8 (1) applies only to persons lawfully admitted to the Republic for permanent residence, who are ordinarily resident in the Repu......

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