A Precedent?
On 16 August 2024, the Pietermaritzburg High Court made a ruling with specific relevance to candidate attorneys. This decision, brought forward by Yuvania Chetty—a candidate attorney employed at Shepstone & Wylie Attorneys, Richards Bay branch—addresses the long-standing issue of whether partially served articles under the repealed Attorneys Act 53 of 1979 can be recognized and combined with a current period of articles. This ruling affirms that articles of clerkship served previously will not prescribe, thus altering the procedural requirements for candidate attorneys in the region.
Prior to this ruling, the prevailing position in KwaZulu-Natal was that a candidate attorney who did not complete the full term of their articles under a contract would be required to start afresh if they wished to resume their articles at a later stage. This often placed a significant burden on candidate attorneys who, due to various circumstances, could not fulfill the entirety of their required service period.
The legal framework governing candidate attorneys in South Africa has evolved over the years. The Attorneys Act 53 of 1979, now repealed, originally dictated the terms under which candidate attorneys could serve their articles. However, the advent of the Legal Practice Act and the accompanying Legal Practice Rules introduced new stipulations, yet left certain ambiguities unresolved, particularly concerning the recognition of previously served articles.
Under Rule 22.1.10 of the Legal Practice Rules, read in conjunction with Section 11(3) of the now-repealed Attorneys Act, candidate attorneys who have partially completed their articles under the old Act may seek to have that period recognized and combined with their current period of service. This provision formed the basis of Yuvania Chetty’s application.
Yuvania Chetty, initially served her articles under the five-year program stipulated by the Attorneys Act 53 of 1979. Due to unforeseen circumstances, she was unable to complete the full term of her articles at that time. Yuvania then continued her legal career as a paralegal at Shepstone & Wylie Attorneys, Richards Bay branch while simultaneously pursuing her academic qualifications.
Upon attaining her degree, Yuvania registered her articles once again with Shepstone & Wylie Attorneys, but the question arose—would her previous service be recognized, or would she need to restart the process afresh? Recognizing the potential implications of this situation for candidate attorneys across KwaZulu-Natal, Yuvania, with the guidance of Advocate Beatrice De Beer, embarked on a legal challenge.
The Ex Parte application brought before the Pietermaritzburg High Court on 16 August 2024 sought to clarify whether Yuvania’s previously served articles could be legally recognized and combined with her current period of service. The argument hinged on the interpretation of Rule 22.1.10 of the Legal Practice Rules, which allows for the consolidation of article periods, provided certain conditions are met.
In argument presented by Adv. Beatrice De Beer, it was contended that the spirit of the law intended to facilitate the continuous professional development of candidate attorneys without penalizing them for circumstances beyond their control. The application emphasized that the candidate’s previous service, though incomplete, was nonetheless a substantial part of her legal training and should therefore be acknowledged in her current service.
The Pietermaritzburg High Court’s decision was unequivocal. The Court granted the application, setting a legal precedent by ruling that Yuvania Chetty’s previously served articles would indeed be recognized and combined with her current period of articles. This ruling allowed her to register and sit for the competency-based board examinations in August 2024.
The Court’s decision underscores the importance of recognizing the professional development of candidate attorneys and ensuring that procedural technicalities do not unduly hinder their progress toward becoming qualified legal practitioners.
The Court's ruling is more than just a personal victory; it is a decision that will likely influence how similar cases are approached in KwaZulu-Natal. This establishes that articles served under the repealed Attorneys Act will not prescribe, provided they meet the criteria set out under the Legal Practice Rules.
For legal firms, this ruling necessitates a re-evaluation of how they approach the hiring and training of candidate attorneys who have previously served articles. It provides an opportunity to retain and further develop talent.
For candidate attorneys, the decision offers a clear pathway to qualification, recognizing their prior service and experience. It ensures that their commitment to the legal profession is not rendered moot by procedural formalities, thereby promoting a more equitable and supportive environment for professional growth.
By recognizing the validity of previously served articles, the Court has paved the way for a more flexible and equitable system that acknowledges the diverse paths candidate attorneys may take on their journey to qualification. This case not only benefits individual candidates but also enhances the overall integrity and accessibility of the legal profession in South Africa.
By: Yuvania Chetty
Candidate Attorney
Original Article: Shepstone & Wylie Attorneys
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