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High Court rules BProc graduates may be admitted as attorneys

- Lee-Anne Bruce

CALS represents two BProc graduates who have been allowed to register their "articles" on the journey to becoming admitted attorneys

The High Court in Pretoria has handed down judgment finding that BProc graduates are not precluded from having their practical vocational contracts registered in order to become admitted attorneys. The Court has further ordered the Legal Practice Council to register the contracts of two individual BProc graduates represented by the Centre for Applied Legal Studies.

On 1 March 2022, the High Court in Pretoria heard a matter brought by the Centre for Applied Legal Studies (CALS) on behalf of Ms Gabaikangwe Thendele and Mr Zwelibanzi Thendele against the Legal Practice Council and the Minister of Justice and Correctional Services. The application sought to address an injustice in which the Legal Practice Act has been interpreted to suggest that only those holding an LLB degree may register their practical vocational training contracts on the journey to become admitted attorneys, while those who have graduated with other law degrees such as a BProc may not.

The BProc degree was a four-year undergraduate degree specifically designed for those who sought to practice as attorneys. The BProc was perceived as “inferior” to the LLB degree, since the LLB was originally offered as a postgraduate qualification at historically White institutions. The BProc has subsequently been phased out of the South African education system. The preamble of the Legal Practice Act sets out that its purpose is to provide a framework for transforming the legal profession and ensuring it reflects the diversity and demographics of the country. The exclusion of BProc graduates contradicts this aim.

On behalf of Ms and Mr Thendele, CALS therefore engaged with the Legal Practice Council and the Minister of Justice and Correctional Services. We received a positive response from the Minister recognising this discrimination against our clients and those in a similar position, and undertaking to amend the Act to allow qualifying BProc graduates to be admitted as attorneys. In spite of this, the Legal Practice Council maintained it was bound by the Act as it stands and CALS then approached the High Court in Pretoria to determine the matter.

When the matter was heard on 1 March 2022, we were able to negotiate an agreement with the Legal Practice Council. Within a month, Judge van der Schyff handed down judgment, finding that BProc graduates are not precluded from having their practical vocational contracts registered. She further ordered the Legal Practice Council to register our clients’ contracts and to give proof of their registration within 10 days. CALS was represented in court by in-house counsel Amelia Rawháni-Mosalakae and external counsel Nomonde Nyembe.

“It is a relief to have certainty that BProc graduates are not barred from realising their dream to be admitted as attorneys,” says Thandeka Kathi, attorney at CALS. “This judgment takes us a step closer to realising the purpose of the Legal Practice Act to transform the legal profession and ensure it reflects the diversity of our country.”

Read the full judgment here. 

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