Mabaso v Law Society of the Northern Provinces

The appellant was admitted and enrolled as an attorney by the Bophuthatswana High Court under the Attorneys, Notaries and Conveyancers Act 29 of 1984. He subsequently applied, in terms of section 20(1) of the Attorneys Act 59 of 1979, to have his name placed on the rolls of other provincial divisions. His name was placed on the roll of the Natal Provincial Division without objection. When he applied to the Transvaal Provincial Division, the Law Society of the Northern Provinces lodged a written objection under section 20(3) of the Attorneys Act, contending that section 20(1) applied only to persons admitted under that Act. Despite the objection, the registrar enrolled the appellant. The Law Society successfully applied in the Transvaal Provincial Division to have the enrolment set aside. The appellant appealed to the Supreme Court of Appeal but failed to comply with procedural rules, resulting in a lapsed appeal and applications for condonation.

The application for condonation for the late filing of the record and reinstatement of the appeal was dismissed with costs, including the costs of the appeal.

The case clarifies the mandatory effect of objections under section 20(3) of the Attorneys Act and affirms the supervisory role of law societies over the enrolment of attorneys. It also highlights transitional difficulties faced by practitioners admitted under former homeland legislation and signals the need for legislative reform to ensure uniform regulation of the legal profession.