Relebohile Cecilia Rafoneke and Others v Minister of Justice and Correctional Services and Others

Several non‑South African citizens, including nationals of Lesotho and Zimbabwe, completed South African LLB degrees, practical legal training, articles of clerkship or pupillage, and passed all required admission examinations to qualify as legal practitioners. Their applications for admission and enrolment as legal practitioners were refused because section 24(2)(b) of the Legal Practice Act 28 of 2014 restricts admission to South African citizens or permanent residents, subject to limited exceptions. The applicants challenged the constitutionality of section 24(2)(b), read with section 115 of the Act, arguing that it unfairly discriminates against foreign nationals who are lawfully present but not permanent residents. The High Court declared the provision unconstitutional only to the extent that it did not allow foreigners to be admitted as non‑practising legal practitioners. The matter came before the Constitutional Court for confirmation of invalidity and on appeal against the High Court’s order.

The appeal against the High Court’s order was dismissed, and the High Court’s declaration of constitutional invalidity was not confirmed. Section 24(2)(b) of the Legal Practice Act remains valid and enforceable.

This case affirms Parliament’s authority to restrict access to the legal profession based on citizenship and permanent residence requirements. It clarifies the application of the equality clause to non‑citizens and confirms that not all differentiation on the basis of nationality or immigration status constitutes unfair discrimination. The judgment is significant for the regulation of professions and the intersection between immigration law and constitutional equality.