The South African Legal Practice Council v Alves and Others

The respondents were legal practitioners admitted and enrolled as attorneys who sought to be enrolled as advocates. They relied on section 115 of the Legal Practice Act 28 of 2014 (LPA), which preserves the right of persons who were entitled, before 1 November 2018, to be admitted and enrolled as advocates, attorneys, conveyancers or notaries, to be so admitted thereafter under the LPA. The Legal Practice Council (LPC) opposed the applications, contending that section 115 applied only to pending applications, that the respondents were not entitled under the repealed Advocates Act because they had not first been removed from the attorneys’ roll, and that conversion could occur only through section 32 of the LPA by the LPC. The Western Cape High Court ordered the LPC to remove the respondents from the attorneys’ roll and enrol them as advocates. The LPC appealed to the Supreme Court of Appeal. By the time of the appeal, all but the first respondent had already had their enrolment converted under section 32, rendering the appeal largely moot except in respect of the first respondent.

The appeal was dismissed. No order as to costs was made.

This case provides authoritative guidance on the interpretation of section 115 of the Legal Practice Act, confirming that transitional rights to admission and enrolment are preserved indefinitely for those who qualified before the Act’s full commencement. It affirms the continued jurisdiction of the High Court in matters of admission and enrolment and limits the scope of the Legal Practice Council’s powers under section 32. The judgment has significant implications for mobility within the legal profession and the balance of power between courts and the LPC.