Ex parte Ramagwede

• Jurisdiction: South Africa
• Judge: Le Roux CJ
• Judgment Date: 26 November 1987
• Citation: 1988 (4) SA 805 (V)
• Hearing Date: 26 November 1987
• Court: Venda Supreme Court

Le Roux CJ:

This is an application by the applicant to be admitted as an B attorney of this Court. The application sets out that the applicant concluded a contract of articles with a practising attorney in Venda, who had the required seniority in terms of the Attorneys Act 53 of 1979, that is, to have practised for his own account for three years. He entered into this contract of articles after he had obtained a Baccalaureus Juris degree from the University of the North. He completed C this degree in the year 1976 and thereafter entered into the articles of clerkship with the said attorney on 1 August 1983. He registered these articles with the Secretary of the Transvaal Law Society on 3 October 1983 under No 414/83.

After serving the attorney to whom he was articled faithfully and loyally for a period of three years, his articles were then completed D and he now applies to be admitted on that ground. Obviously, the three years is a sufficient period in terms of Act 53 of 1979 and is sanctioned by the provisions of s 21(c) of the Act. The only problem which arises is the fact that he is a Venda citizen and that he has not given notice to the Law Society as required by s 19(1) of the Act, neither has he obtained the required certificate in terms of s 19(3).

E Mr Horn, who appears on his behalf, has submitted that this Court has laid down as a matter of practice in previous applications of this nature that, because there is no Law Society constituted for Venda, service of documents be effected on the Director-General for the Department of Justice. I may say that in this particular case the F application was directed to him but there is no proof that it was ever served on him. Where there is provision for the date and a signature, this has been left blank in my papers, so even if this practice applies, there would be a defect in the papers. But in my view the practice which has arisen, apparently during the course of applications to my predecessors in office, has in my view no foundation in law whatsoever.

G The only section which bears on this aspect is s 50(2) of the Venda Republic Constitution Act 9 of 1979 (V) which was amended in 1983 by Act 9 of 1983 as follows:

'Advocates and attorneys who, in terms of the laws of that country, are entitled to practise in the court of law (sic ) in the Republic of H South Africa, shall subject to the laws of the Republic of Venda, be entitled to practise in the courts of law of the...