So you passed all four papers of your competency-based examinations – let’s raise

a glass to that!
(Or maybe you are yet to taste success. We can help! Have a look at our preparation
courses for the attorneys' admission examinations.)
The next hurdle in the road to finally practicing as a legal practitioner, is handing in
your attorneys’ admission application in Court with all the requisite pleadings and
affidavits.

Your application will consist out of three parts (well, actually four) –

 Part 1 is the notice of motion which is your application document.

 Part 2 is the founding affidavit in which you state all the facts of your
application.
 Part 3 is the supporting affidavit in which your principal confirms all the facts in
the founding affidavit.
 And then part 4 will consist of the Annexures.
You can click here to download a template of each of these documents. Read on to
see what these documents are all about.

Celebrate your uniqueness

It is very important to note that the application will differ from person to person with a
very long list of facts that will also differ according to your circumstances. Any
guidelines given in an example or template are just that, guidelines, and should be
adjusted with great care to correspond to the applicant’s unique situation.

Keep up with the times – know the revised

terminology
Before we continue, it might be helpful to take note of some terminology that has
recently changed:
 Candidate legal practitioner (previously known as candidate attorney)
 Practical vocational training contract (previously known as articles of
clerkship)
 Competency-based examination (previously known as board exams or
practical examination)
 Programme of structured course work of 400 notional hours (previously
known as the six months practical legal training course or the LSSA Unisa
long-distance course)
 Programme of structured course work of 150 notional hours (previously
known as part-time 23 days practical legal training course)
 Let’s get down to business
All right, so what should be included in these documents, you ask? Below we will
discuss the requirements for each document, but don’t say we didn’t warn you –
we’re going to get technical (and boring), so grab a cuppa and put on a background
beat to get you focused.

Part 1: The notice of motion

A notice of motion is a written application to the Court. It is the document that
outlines the details of your legal proceedings. This document requests the Court to
issue a ruling or order on a legal matter – in this case, your application to be
admitted as a legal practitioner. Your notice of motion will be an ex parte application,
meaning that you are the only party in the court.

A notice of motion for an order must:

 Identify the person who is seeking the order;

 Identify the date of application;
 Concisely identify the purpose of the order;
 Identify the affidavit(s) which will accompany the application.

Part 2: The founding affidavit

The notice of motion must be accompanied by two affidavits – a founding affidavit
and a supporting (or confirmatory) affidavit. These documents outline the facts the
applicant wishes to rely on and identify any relevant documents regarding the order.
Affidavits are written in the first person. The applicant is obliged to observe the
utmost good faith in placing all material facts before the court.
unding affidavit should contain confirmation of the following:
 Confirmation of the jurisdiction of the Court, Rule 17.2.1 of the LPA.
 The applicant’s full names, date of birth, identity number and residential
address, Rule 17.2.2 of the LPA.
 Confirmation that the applicant has South African citizenship or is a
permanent resident of the Republic, Rule 17.2.3 read with Section 24(2)(b)(i)
of the LPA.
 Confirmation that the applicant has satisfied all the requirements for a degree
referred to in section 26(1) of the LPA after pursuing for that degree a course
of study not less than four years, Rule 17.2.4 read with Section 26(1)(a) of the
LPA.
 If the LLB degree was preceded by a primary degree i.e. BA, Social Science
etc. then the applicant must confirm having completed a course of study not
less than five years in terms of Section 26(1)(a)(ii) of the LPA.
 A statement whether the applicant intends to be enrolled as an attorney, Rule
17.2.5 of LPA.
 Confirmation of the physical address and contact numbers where the attorney
will be employed, Rule 17.2.6 of LPA.
 Confirmation that the applicant served under a PVT contract stating dates of
filing and registration and the period served, Rule 17.3.1 of LPA.
 Confirmation of the principal’s entitlement to enter into a contract with the
applicant (Regulation 6(5) of the LPA), whether he/she had practiced for their
account (Regulation 6(5)(a)), practicing as a director (Regulation 6(5)(c)), or
practicing as a partner (Regulation 6(5)(b)) for a period of three years prior to
engaging the applicant as a candidate legal practitioner. Alternatively, the
principal must have practiced as an attorney for a period of five years within
the preceding six years (Regulation 6(5)(e)). Note: The principal’s physical
address must be included, Rule 17.3.2 of LPA.
 Confirmation that the principal did not have more than three candidate legal
practitioners contracted simultaneously under a practical vocational training
contract. Candidate legal practitioners who served under a law clinic (viz
Legal Aid, Office of the State Attorney, Lawyers For Human Rights or any
certified law clinic) must confirm that the principal did not have more than six
candidate legal practitioners contracted simultaneously under a practical
vocational training contract. If the contract was registered in terms of the
Attorneys Act, then confirmation that the principal did not have more than ten
candidate legal practitioners.
 The applicant must confirm having served under the direct supervision of the
principal or a partner of the principal or another admitted attorney in the office
of the principal, Rule 17.3.3.
 Confirmation that the applicant was not absent for 30 days in any one year of
the contract, Rule 17.3.4.
 Confirmation of the exact dates served under the practical vocational training
contract, Rule 17.3.5.
 A statement as to the type of legal experience gained by the applicant whilst
serving under the contract of practical vocational training, Rule 17.3.6.
 Confirmation that the applicant had no pecuniary interest in the practice of an
attorney and that he or she held no other position other than that of a
candidate legal practitioner, Rule 17.2.9.
 Confirmation that the applicant has undergone all the prescribed practical
vocational training contract requirements as a candidate legal practitioner
referred to in Section 26(1)(c ) of the Act, Rule 17.2.10.
 Confirmation that the applicant has passed a competency-based examination
(previously known as board exams) for candidate legal practitioners, referred
to in Section 26(1)(d) of the Act, Rule 17.2.11.
 Note: The requirement for community service in terms of Rule 17.2.12 has not
yet been determined by the Minister and is currently not applicable.
  If the applicant failed to lodge their application within a period of one year from
the date of completion of their PVT contract, they are required to give a
statement regarding his or her activities from the date of completion of the
PVT contract to the date of the application, Rule 17.2.13.
 Confirmation that the applicant has completed a program of structured course
work of at least 400 notional hours over a period of not more than six months
(previously known as 6 months full-time PLT course). If the course work was
completed prior to registration, then the same complies with Regulation 6(1)
(b) of the LPA (one year PVT contract).
 If a candidate legal practitioner entered into a two year-contract but completed
the course work (6 months PLT course or LSSA UNISA long-distance course)
during the first year of the two-year term, then the same complies with
Regulation 6(2) of the LPA. If the Night School was attended on a full-time
basis, it should be confirmed that the school was attended after-hours and
that it did not interfere with the daily duties of the applicant as a candidate
legal practitioner.
 Note: The Act does not provide for the 400 notional hour course work (6
months PLT course) to be completed after a one-year period of service.
 Alternatively, confirmation that the applicant has completed a program of
structured course work of at least 150 notional hours (previously known as the
part time 23-day PLT course).
 Note: If 150 notional hour course work was completed during the PVT
contract then the same complies with Regulation 6(1)(a) of LPA. However, if
course work was completed within 12 months after completion of PVT
contract, then the same complies with Regulation 6(1)(b) of LPA.

 PS A person who initially entered into a two-year practical vocational training

contract (articles of clerkship), but has completed a program of structured
course work of 400 notional hours (6 months PLT course or LSSA UNISA
long-distance course) is not required to apply for condonation in their
application papers. Instead, such a person must in their founding affidavit
affirm their entitlement to being admitted as a legal practitioner by virtue of the
provisions of Regulation 6(2) of the Legal Practice Act which states that:
"A person referred to in sub-regulation (1)(a) who has entered into a practical
vocational training contract for a period of 24 months may, after having served
a period of 12 months under that contract, apply for admission and enrolment
as an attorney if he or she has, during the course of that period of 12 months
but outside of his or her normal working hours in terms of that contract,
completed a programme of structured course work, of not less than 400
notional hours duration in the aggregate."

Your time to shine, Goody Two-Shoes

Declarations about fitness and properness

As part of your founding affidavit, you must declare that you are a fit and proper
person for admission as an attorney or legal practitioner. This declaration includes:

 Confirmation that the applicant has not previously been admitted as an

advocate or attorney of any Court and have not made an application for such
admission.
 Confirmation of no previous criminal convictions and no criminal investigations
pending.
 Confirmation of no previous civil judgments and no civil proceedings pending.
 Confirmation of no previous disciplinary actions by the law society, University
or previous employer (if applicable) and no disciplinary actions pending.
 The facts should be fully disclosed to the Court if there are any of the above
allegations against the applicant (previously or pending).
 Confirmation that the applicant’s estate has not been sequestrated and that
there is no application for sequestration pending.
 Confirmation that the prescribed notice (one month) in terms of Rule 17.7 was
given to the Legal Practice Council and that the prescribed fee in terms of
Rule 17.9 has been paid.

Part 3 The supporting affidavit

The supporting or confirmatory affidavit is the document in which your principal
declares that all the facts stated in your founding affidavit are indeed the truth. Your
principal confirms that he or she guided you during your candidateship and that you
are a fit and proper person to be admitted.
The principal's supporting affidavit should contain the following:
 Confirmation of the exact period the applicant served with him/her.
 Confirmation that he/she had been serving as an attorney for his or her own
account or as a partner or a director for a period of three years in the
aggregate during the preceding four years, Rule 17.4.2.1.1.
 Alternatively, confirmation that the principal practiced as a professional
assistant in a firm for a period of five years, Rule 17.4.2.1.2.
 Attorneys employed by Legal Aid must have practiced for three years, Rule
17.4.2.2.
 Attorneys employed by the office of the State Attorney must have practiced for
four years, Rule 17.4.2.3.
 Confirmation that the principal continued to practice as aforesaid during the
period of the PVT contract, Rule 17.4.3.
 Confirmation that the principal did not have more than three candidate legal
practitioners simultaneously under the PVT contract, Rule 17.4.4.
 Attorneys employed by Legal Aid or State Attorney must confirm not having
contracted more than six candidate legal practitioners under the PVT
contract.
  Confirmation by the principal that he/she is of the view that the applicant is a
fit and proper person to be admitted and enrolled as an attorney, Rule 17.4.5.

Part 4: Don’t forget your annexures!

Certified copies of the following should be attached as annexures to the application:
 ID document
 Permanent residence permit (where applicable)
 Marriage certificate (where applicable)
 Copy(ies) of the applicant’s degree certificate(s)
 Some courts (such as the PMB High Court) might require the inclusion of
academic record
 Copy of PVT contract (articles of clerkship agreement)
 Letter confirming registration of the PVT contract (contract of articles of
clerkship)
 Copy of cession (where applicable)
 Letter confirming registration of cession by LPC (where applicable)
 Copy(ies) of the Proficiency Certificate confirming completion of the
competency-based examination (board exams consisting of four papers)
 Attendance Certificate issued by LEAD confirming completion of either 400
notional hour course work (6 months PLT course) or 150 notional hour course
work (part-time 23-day PLT course).
 Principal’s supporting affidavit (Note: In respect of cession an affidavit by each
principal must be submitted)
 Two certificates of good character from legal practitioners who have been
acquainted with the applicant for not less than two years

The end! Or is it just the beginning?

With the above guidelines and these templates, you will be able to compile your
application in a jiffy (or at least in less time than it would have taken you without
these resources!).

This might mark the end of your years-long journey in becoming an admitted
attorney, but it surely marks the start of an even longer journey of serving your
country and letting justice prevail in a world very much in need of honest and humble
servants.