University of Cape Town v Cape Bar Council and Another

• Jurisdiction: South Africa
• Judge: Rabie CJ, Jansen JA, Joubert JA, Hoexter JA and Botha JA
• Judgment Date: 04 September 1986
• Citation: 1986 (4) SA 903 (A)
• Hearing Date: 22 May 1986
• Court: Appellate Division

Rabie CJ:

In an application brought in the Cape of Good Hope Provincial Division in terms of the provisions of s 19 (1) (a) (iii) of the Supreme Court Act 59 of 1959, the appellant applied for an order declaring:

"1.

... that by passing the course offered by the H applicant and known as Latin Intensive, a person will have complied with the requirements of s 3 (2) (a) of the Admission of Advocates Act 74 of 1964 insofar as the necessity to pass a course in the Latin language prescribed or recognised by applicant for a Baccalaureus degree is concerned", and

2.

... that by passing the course offered by the I applicant and known as Afrikaans Intensive, a person will have complied with the requirements of s 3 (2) (a) of the Admission of Advocates Act 74 of 1964 insofar as the necessity to pass a course in the Afrikaans language prescribed or recognised by applicant for a Baccalaureus degree is concerned.

The application, which was opposed by the Cape Bar Council and J the Law Society of the Cape of Good Hope, was dismissed (per VIVIER J, in

Rabie CJ

A whose judgment HOWIE J and LATEGAN J concurred). The appeal is against the judgment and order of the Court a quo. (By agreement between the parties no order was made as to costs.) The respondents in the application are also the respondents in the appeal.

Section 3 of the Admission of Advocates Act 74 of 1964 (hereinafter referred to as "the Act"), in so far as relevant B to the appeal, provides as follows:

"3 (1) Subject to the provisions of any other law, any Division shall admit to practise and authorize to be enrolled as an advocate any person who upon application made by him satisfies the Court -

(a)

C ............

(b)

that he is duly qualified;

(c)

............

(d)

............

(2) The following persons shall for the purposes of para (b) of ss (1) be deemed to be duly qualified, namely:

(a)

Any person who -

(i)

has satisfied all the requirements D for the degree of baccalaureus legum of any university in the Republic after pursuing a course of study for that degree of not less than five years and who has passed not less than one course in the Afrikaans language, not less than one course in the English language and not less than one course in the Latin language prescribed or recognized by such university for a baccalaureus degree; or

(ii)

after he has satisfied all the E requirements for the degree of bachelor other than the degree of baccalaureus legum, of any university in the Republic or after he has been admitted to the status of any such degree by any such university, has satisfied all the requirements for the degree of baccalaureus legum of any such university after pursuing courses of study for such degrees of not less than five years in the F aggregate and who has passed not less than one course in the Afrikaans language, not less than one course in the English language and not less than one course in the Latin language prescribed or recognized by such university for a baccalaureus degree; or

(iii)

............".

Laws which governed the admission of person to practise as G advocates in the Supreme Court, prior to the coming into force of the Act with which we are here concerned, contained no provisions of the kind mentioned in s 3 (2) of the Act. Universities were free to prescribe their own requirements and curricula for a baccalaureus legum degree awarded by them. It is said in this connection in the appellant's founding H affidavit (deposed to by its registrar, Mr H van Huyssteen) that at the time of the enactment of the Act "all or most universities in South Africa required a candidate for the degree of baccalaureus legum to pass Latin I, Afrikaans I and English I."

It is stated in the appellant's founding affidavit that the I appellant at present offers "first courses" in Afrikaans, English and Latin, and that it also offers three other language courses, namely Afrikaans Intensive, Foundation English and Latin Intensive.

With regard to Foundation English the appellant states that it is not a qualifying course which is recognised as a credit towards a bachelor's degree, but that successful completion of the course qualifies a candidate for entrance to the English I J course.

Rabie CJ

A As far as Afrikaans is concerned, the present position at the appellant university is said to be that a student will qualify for the bachelor of laws degree if he passes the Afrikaans I course or, if he has not passed Matriculation Afrikaans, if he passes the Afrikaans Intensive course. As to the Afrikaans Intensive course, it is stated inter alia in the appellant's B "Rules for the degrees of Bachelor of Arts and Bachelor of Laws (BALLB)" (hereinafter referred to as "the rules") that the

"main objective of Afrikaans Intensive will be to teach students to speak, read and write Afrikaans as it is in use at present and to prepare underprepared students for the Afrikaans I course ".

(My italicising.)

C With regard to Latin, the appellant at present still requires a student to pass Latin I before he can obtain a bachelor of laws degree, but apparently it contemplates recognising its Latin Intensive course as a qualification for the bacehelor of laws degree, in the same way as it already does in the case of D its Afrikaans Intensive course. It is stated in the rules that Latin Intensive is "designed as a preliminary course to Latin I for non-matriculants " (my italicising); that students who obtained a matriculation pass or its equivalent in Latin will not be able to register for Latin Intensive for degree purposes, and that a pass in Latin Intensive will permit a student to be admitted to the Latin I course. It is said in the appellant's founding affidavit that Latin Intensive and E Afrikaans Intensive have the "same status and purpose".

The appellant says that it is uncertain whether Latin I and Afrikaans I are required for a bachelor of laws degree which would entitle the holder thereof to practise as an advocate, or whether the Latin Intensive and Afrikaans Intensive courses F would suffice for this purpose. The appellant suggests in its founding affidavit that, because at the time of the passing of the Act, "all or most Universities in...