Application for admission as legal

practitioner
Candidate Attorney: Zethembile Primrose Mbatha
PVT Contract Ref: 615/2021
Exam Ref: 78192
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARITZBURG

CASE NUMBER: _____________

In the Ex Parte application of:

ZETHEMBILE PRIMROSE MBATHA APPLICANT

IDENTITY NUMBER: 9110140736081

for her admission as a legal practitioner of the above honourable Court and

authorisation to the Legal Practice Council to enrol the applicant as an Attorney in

terms of Section 24 read with Section 30 of the Legal Practice Act, 28 of 2014.

NOTICE OF MOTION

KINDLY TAKE NOTICE THAT application will be made to the above Honourable

Court on the _____ day of ______________ 20__ at 10h00 or as soon thereafter as

the matter may be heard, for an order in the following terms:

1. Admitting the Applicant to practice as a Legal Practitioner of the High Court of

South Africa in terms of Section 24(2) of the Legal Practice Act, 28 of 2014;

2. That the Applicant be authorised to be enrolled as a Legal Practitioner by the

Legal Practice Council in terms of the Legal Practice Act 28 of 2014 as amended;

and

3. Granting the Applicant such further and/or alternative relief as this Honourable

Court may deem fit and proper.

TAKE FURTHER NOTICE that the affidavits of ZETHEMBILE PRIMROSE MBATHA

(hereinafter the “Applicant”) and SABELO SIHLE MTEMBU, (hereinafter the

“Principal”), annexed hereto will be used in support of this application.

KINDLY PLACE THE MATTER ON THE ROLL FOR HEARING ACCORDINGLY.

DATED at _______________on the ______ day of ______________ 20_____.

____________________________________

MHS ATTORNEYS INC.

MANSION HOUSE
12 JOE SLOVO STREET
SUITE 250, 2ND FLOOR
DURBAN, 4001
APPLICANT’S CELL NUMBER: 079 619 5441
TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT
PIETERMARITZBURG

AND TO: THE SECRETARY OF THE LEGAL PRACTICE COUNCIL, KZN

1ST FLOOR
200 HOOSEN HAFFEJEE STREET
PIETERMARITZBURG
3200
TEL: 033 345 1304
FAX: 033 394 9544

Received a copy of this application together with copies of all supporting affidavits
and all annexures thereto and payment of the fee prescribed under Section 30(1)(b)(i)
of the Legal Practice Act, No 28 of 2014 (as amended) and Rule 2 made under the
authority of Section 95(1), 95(3) and 109(2) of the Legal Practice Act, No 28 of 2014
(as amended), on the ________ day of ____________ 20______.

Accordingly, I certify that the provisions of Section 24(2) of the Legal Practice Act, No
28 of 2014 (as amended) have been complied with and that due notice has been
received of the application in accordance with Section 24(2)(d) and Rule 17.7 made
under the authority of Section 95(1), 95(3) and 109(2) of the Legal Practice Act, No 28
of 2014 (as amended).

______________________________________________________

FOR: THE SECRETARY OF THE LEGAL PRACTICE COUNCIL

IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARITZBURG

CASE NUMBER: _____________

In the Ex Parte application of:

ZETHEMBILE PRIMROSE MBATHA APPLICANT

IDENTITY NUMBER: 9110140736081

for my admission as a legal practitioner and authorisation to the Legal Practice Council

to enrol the applicant as an Attorney in terms of Section 24 read with Section 30 of the

Legal Practice Act, 28 of 2014.

FOUNDING AFFIDAVIT

I, the undersigned

ZETHEMBILE PRIMROSE MBATHA

IDENTITY NUMBER: 9110140736081

do hereby declare under oath that:

 1.

1.1 I am the applicant herein and an adult female currently residing at

B94 ISIPHEZI CRESCENT, ULUNDI, 3838 and was under the employ of

MHS ATTORNEYS INC, where I performed the duties of a candidate

attorney.

1.2 Further particulars of MHS ATTORNEYS are as follows:

1.2.1 Physical Address: MANSION HOUSE, 12 JOE SLOVO STREET, SUITE

250, 2ND FLOOR, DURBAN, 4001.

1.2.2 Postal Address: Box 48639, Qualbert Street, 4078;

1.2.3 Telephone Number: 082 264 5046

1.2.4 Fax Number: 033 394 9544

1.2.5 E-mail Address: info@mhsattorneys.co.za

1.2 The facts contained herein fall within my personal knowledge, unless

specifically indicated otherwise, and are to the best of my knowledge and

belief both true and correct.

 2.

GENERAL

2.1 In this affidavit, except where the contrary appears from its contents, any

reference to –

2.1.1 “the Act” or a section therein will mean the Legal Practice Act, 28 of 2014

(as amended);

2.1.2 “the Rules” will mean the Rules of the South African Legal Practice Council;

2.1.3 the “Attorneys Act” or a section therein, will mean the Attorneys Act, 53 of

1979 (as amended).

2.2 Save where otherwise stated, the originals of all documents referred to in

this affidavit shall be made available to this Honourable Court on the date

of the hearing of this application.

2.3 Where I refer to documents annexed hereto, I humbly request that the

contents of the documents be read as if specifically incorporated herein.

2.4 I respectfully submit that, despite the repeal of the Attorneys Act 53 of 1979

“the Attorneys Act”, and its replacement by the Legal Practice Act 28 of

2014 (“the Legal Practice Act”), some references to the Attorneys Act are

necessary in this application due to the time at which my Contract of Articles

of Service was entered into.

2.5 I further respectfully submit that any reference to the Attorneys Act in this

application, where same may be deemed unnecessary or erroneous by the

Honourable Court, or where reference should instead have been made to

the corresponding provision of the Legal Practice Act, should not detract

from the validity or granting of this application.

3.

PURPOSE OF THE APPLICATION:

The purpose of this application is:

3.1 To obtain an order from the above Honourable Court to the effect that I be

admitted to practice as a Legal Practitioner practicing for my own account

and that the Legal Practice Council be authorised to enrol me as an

Attorney;

3.2 I confirm that I intend to practise as a legal practitioner and/or attorney post

admission and enrolment as contemplated in paragraph 3.1 above.

4.

PURPOSE OF THIS AFFIDAVIT:

4.1 The purpose of this affidavit is to be admitted to practice as a legal

practitioner and that the Legal Practice Council be authorised to enrolled

me as an attorney of the High Court of South Africa. I will present in this

affidavit that I complied with all the requirements as set out in terms of The

Attorneys Act, The Legal Practice Act, The Regulations and The Rules.
 5.

JURISDICTION:

5.1 In compliance with Rule 17.2.1 of The South African Legal Practice Council

Rules, I submit that this above Honourable Court possesses the necessary

jurisdiction to adjudicate upon this application as I reside and work within

the area of jurisdiction of this above Honourable Court.

5.2 In addition, I respectfully submit that this application falls within the

jurisdiction of the above Honourable Court in terms of section 21(1) of the

Superior Courts Act 10 of 2013.

6.

APPLICANT’S BIRTH, CITIZENSHIP AND MARRIAGE:

6.1 I confirm that I am ZETHEMBILE PRIMROSE MBATHA, a 32-year-old

South African female with identity number 9110140736081. The

Honourable Court is referred to a certified copy of my identity document

attached hereto and marked as annexure “A”.

6.2 I confirm that I am married in terms of the laws of South Africa as of the

year 2021 and have accordingly notified the Legal Practice Council of KZN.

I have not changed my maiden name in terms of my professional

qualifications and therefore, my surname remains unchanged for the

purposes of this application and future practice.

 The Honourable Court is referred to a certified copy of my marriage

certificate attached hereto and marked as annexure “B”.

6.3 I am a permanent resident of the Republic of South Africa and I have never

relinquished my South African citizenship, nor have I ever taken the

citizenship of another country.

6.4 Accordingly, I respectfully submit that I have complied with the

requirements of Sections 15(1)(b)(i) and 15(1)(b)(ii)(aa) of The Attorneys

Act and with Sections 24(2)(b)(i) and 24(2)(b)(ii) of The Legal Practice Act,

as well as Rules 17.2.2 and 17.2.3 of The Rules.

7.

SECONDARY EDUCATION:

7.1 During the year of 2009, I successfully completed the examination

requirements for a senior certificate, with full university exemption from

ST DOMINIC’S ACADEMY NEWCASTLE. A certified copy of my national

senior certificate is annexed hereto and marked as annexure “C”.

8.

TERTIARY EDUCATION:

8.1 In the year 2017, I satisfied the prescribed requirements of the Bachelor of

Laws (LLB) degree with the UNIVERSITY OF THE WITWATERSRAND, of

which the degree was formally conferred upon me in the year 2018. I attach

hereto a certified copy of my degree marked “D”.

8.2 Therefore, in the premises of the above, I have complied with Sections

24(2)(b)(i) and 26(1)(a)(ii) of The Legal Practice Act and Rules 17.2.1 to

17.2.6 of The Rules. In as far as it is necessary this is also in compliance

with Section 15(1)(b)(iii)(aa) of The Attorneys Act.

9.

PRACTICAL VOCATIONAL TRAINING CONTRACT:

9.1 On or about the 1ST OF AUGUST 2021, and at DURBAN, I entered into a

written contract of Practical Vocational Training and commenced my

articles of clerkship under my principal, SABELO SIHLE MTEMBU

(hereinafter referred to as my “principal”), an admitted attorney of the of the

High Court of the Republic of South Africa, who at the time was and is

currently practicing as an attorney and director of the firm,

MHS ATTORNEYS INC, with its offices situated at MANSION HOUSE, 12

JOE SLOVO STREET, SUITE 250, 2ND FLOOR, DURBAN, 4001.

9.2 The Contract of Practical Vocational Training was entered into for a period

of two (2) consecutive years in accordance with Section 2(1)(a) of the

Attorneys Act, i.e. for the period of 1 AUGUST 2021 – 1 AUGUST 2023.

The contract of Practical Vocational Training was entered into on the terms

and conditions set out in annexure “E”, being a true certified copy of a

duplicate of the registered Contract of Articles of Clerkship, being and

remaining in the possession of the Legal Practice Council of KwaZulu-

Natal, Pietermaritzburg.
9.3 The Contract of Practical Vocational Training was lodged with the Director

of the Law Society within a period of two (2) months of the date of signing

thereof in due compliance with Sections 5(1) and 5(3) of the Attorneys Act

and Rule 22.1.2.2 of the Rules of the Southern African Legal Practice

Council. The Contract of Practical Vocational Training was registered on

the 30TH of SEPTEMBER 2021 under contract number 615/2021, as

appears from the letter from the Officer of the Legal Practice Council dated

the 30th of September 2021. The Honourable Court is referred to a true and

certified copy of the letter attached hereto and marked as annexure “F”.

9.4. The Contract of Practical Vocational Training was completed after I had

reached the requisite period of 1 (one) year into the contracted period, due

to having prior completed PRACTICAL LEGAL TRAINING with L.E.A.D

(Legal Education and Development) on a full-time basis, for an

uninterrupted period of 6(six) months. I affirm my 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."
 The Honourable Court is referred to a true and certified copy of the

certificate of the Practical Legal Training Attendance Report attached

hereto and marked as annexure “G” and a letter from my Principal

confirming completion of Practical Vocational Training period attached

hereto marked as annexure “H”.

9.5. From the date of the commencement of the said Contract of Service on

1 AUGUST 2021 - 1 AUGUST 2022 I have been in the continuous and

actual employ of MHS ATTORNEYS INC.

I was under the direct supervision of my Principal and rendered diligent and

faithful service to my Principal and MHS ATTORNEYS Incorporated.

9.6. During the whole period of my contract of articles I executed my duties

under the direct supervision of SABELO SIHLE MTEMBU at the office of

my Principal.

9.7. During the period of Service, I did not absent myself from my duties as a

candidate attorney and/or candidate legal practitioner without my principal’s

consent. In accordance with Rule 22.1.4.1 of the South African Legal

Practice Council Rules, I was not absent for more than thirty working days

during any one year period of the two years that I served under my Contract

of Practical Vocational Training.

9.8. I have diligently and faithfully served my Principal, under his direct

supervision in terms of my Contract of Practical Vocational Training for an

uninterrupted period of one(1) year as will fully appear from the confirmatory

affidavit of my principal marked “I”.

9.9. During the period of my Contract of Practical Vocational Training and in

compliance with Rule 22.1.5.1, I held no pecuniary interest in any law

practice whatsoever, other than in respect of bona fide remuneration for my

services as a candidate attorney and/or candidate legal practitioner and I

have held nor occupied any office or engaged in any business or position

other than that of candidate attorney.

9.10. I confirm that I have undergone all the prescribed and applicable practical

vocational training requirements as a candidate attorney and/or candidate

legal professional, referred to in section 26(1)(c) of the Act.

9.11. I confirm that I have completed my requisite period of service under the

Contract of Practical Vocational Training on 1 AUGUST 2022.

9.12. My Principal in accordance with Regulation 6 Sub-Regulation 5 of The

Legal Practice Act Regulations and Section 3 of The Attorneys Act and at

the commencement and during the time of my contract of articles of

clerkship:

9.12.1. Was an attorney of this Honourable Court;

9.12.2. Practised as an attorney of this Honourable Court for a continuous period

of more than three (3) years, and had been practising as an attorney and

director of MHS ATTORNEYS INC, and

9.12.3. At no time during the period of my Contract of Practical Vocational Training

had more than three candidate attorneys, including myself, serving under

him.
9.13. I respectfully submit that to the best of my knowledge, my Principal was

duly entitled to enter into a Contract of Practical Vocational Training.

10.

EXPERIENCE GAINED WHILST SERVING UNDER MY CONTRACT OF

PRACTICAL VOCATIONAL TRAINING:

10.1 I confirm that during the period of my Contract of A Practical Vocational

Training, I was exposed to and gained experience in the following aspects

of attorneys’ practice under the guidance and direct supervision of

SABELO SIHLE MTEMBU: -

10.1.1 General Office Tasks:

10.1.1.1 Taking instructions from clients, corresponding with and responding to

correspondence from clients, advising clients on a variety of litigious and

non-litigious matters;

10.1.1.2 Opening of client files;

10.1.1.3 Filing of daily documents;

10.1.1.4 Updating statutes in the library;

10.1.1.5 Researching legal opinions, statutes and case law;

10.1.1.6 Interpreting statutes, case law and legal articles;

10.1.2 Magistrates Court & High Court Practice and Procedure:

10.1.2.1 Drafting of numerous letters of demand in terms of Section 14 of the

Consumer Protection Act and Section 129 of the National Credit Act;

10.1.2.2 Drafting summonses and particulars of claims in cases such as motor

vehicle accidents and breach of contracts;

10.1.2.3 Drafting of pleas in cases such as motor vehicle accidents, unlawful arrest

and personal injury;

10.1.2.4 Drafting of special pleas, such as prescription, and lack of jurisdiction

10.1.2.5 Drafting various notices;

10.1.2.6 Drafting of applications such as applications for default judgments in the

Regional Court;

10.1.2.7 Drafting interlocutory applications such as Application to Strike defence

from the roll, Application for Summary Judgment and Application for stay

of Action;

10.1.2.8. Drafting of supporting, opposing and answering affidavits;

10.1.2.9. Drafting of indexes and paginating files in Court;

10.1.2.10. Section 65 applications;

10.1.2. 11. Serving and filing of documents;

10.1.3 Other training:

10.1.3.1 Debt collection;

10.1.3.2 Attending to correspondent work;

10.1.3.3 Drafting of Acknowledgment of Debts and Deed of Suretyships;

10.1.3.4 Legal bookkeeping, such as posting of entries to various accounts and

keeping time sheets.

10.1.3.5 The administration of Deceased Estates.

10.1.3.6 Attending to general matters in the management and administration of an

attorney’s practice.

10.1.4 Courses Attended:

I confirm that I have attended the following courses presented by Legal Education

and Development:

10.1.4.1 Practical Legal Training (full-time, 6(six) month course)

10.1.4.2 I have further received guidance relating to the relationship with practising

attorneys, correspondent attorneys as well as various other officers of the

Court.

10.1.4.3 I have also further received guidance and experience relating to a healthy

office practice, bookkeeping, trust accounting and administration as well as

relationships with clients, attorneys, counsel and opponents alike.

10.1.4.4 I have further also received guidance and experience relating to file

management, professional fees, roles and responsibilities of employees in

a legal office.

10.1.4.5 In the premises, I respectfully submit that I have acquired substantial

training during the period of my Practical Vocational Training.

10.1.4.6 A confirmatory affidavit deposed to by my Principal, in support of the

allegations in the preceding paragraphs is annexed hereto, marked as

annexure “I”.

11.

ATTENDANCE OF PRACTICAL LEGAL TRAINING COURSE:

11.1 I attended the Legal Education and Development Practical Legal Training

Compulsory Course for candidate attorneys from 10 July 2018 to

17 November 2018. I respectfully refer the above Honourable Court to the

attached and marked Annexure “G”, which is a true and certified copy of

my attendance certificate issued by the Law Society of South Africa.

11.2 I confirm that I have completed the compulsory said course satisfactorily in

accordance with section 15(1)(b)(ivA) of the Attorneys Act and respectfully

submit that my attendance and completion of the said course constitutes

attendance as approved by the Legal Practice Council.

11.3 I respectfully submit that I have therefore complied with the requirements

of completing a program of structured course work of not less than 150

hours.

11.4 In terms of Section 112(1)(a)(i) of the Act, any training course presented at

a Practical Legal Training School of Law Society of South Africa, for the

purposes of the Attorneys Act before the date referred to in Section 120(4),

being 1 November 2018, must be regarded as having been presented or

approved pursuant to the regulations pertaining to practical vocational

training in terms of the Act.

12.

ADMISSION AND/OR COMPETENCY BASED EXAMINATIONS:

12.1 I confirm that I have written and passed the Admissions and/or

Competency–Based Examinations for Candidate Attorneys and/or

Candidate Legal Practitioners, referred to in Section 14(1)(a)-(c) of the

Attorneys Act as well as section 26(1)(d) of the Act, on dates as set out

more fully in the certificate of examiners referred to hereunder.

12.2 At the time I undertook the examinations referred to above, I was in the

Contract of Articles and/or Contract of Practical Vocational Training and had

so served for a continuous period of not less than six (6) months as required

by section 14(3) of the Attorneys Act.

12.3 The Examiner’s Certificate, confirming the contents of paragraph 12.1

above, and relating to Papers 1, 2, 3 and 4 being Court Practice and

Procedure, Wills and Estates, Attorneys Practice and Attorneys

Bookkeeping respectively, once same has been received, will be filed with

the Registrar of this Honourable Court before the hearing of this application

and presented to the Honourable Court as annexures “J”, “K”, “L” and

“M”.

13.

COMMUNITY SERVICE:

13.1 I submit that the provisions of section 29 of the Act, in so far as it relates to

the rendering of community service by candidate attorneys is not applicable

to me as no such requirements have, as of date and to the best of my

knowledge and belief, been prescribed by the Minister of Justice and

Constitutional Development.

13.2 I therefore respectfully submit that I am entitled to apply for admission as a

legal practitioner without having complied with the provisions of Section

26(1)(c)(i).
 14.

LEGAL PRACTICE MANAGEMENT COURSE – SECTION 26(1)(c)(ii) OF THE

ACT:

14.1 I submit that the provision of Section 26(1)(c)(ii) in so far as they relate to

the completion of a Legal Practice Management Course is not applicable to

the requirements for admission as a legal practitioner, as no such

requirements have, as of date and to my best knowledge and belief, been

prescribed by the Minister of Justice and Constitutional Development for

admission purposes.

15.

FIT AND PROPER PERSON FOR ADMISSION:

15.1 I humbly submit that I am a fit and proper person to be admitted as an

attorney and/or legal practitioner of the above Honourable Court, as:

15.1.1 I have never been convicted of any criminal offence and at present no

disciplinary or criminal proceedings are pending against me;

15.1.2 I have never been subjected to disciplinary proceedings by the Legal

Practice Council, any Law Society, University, employer or any other

institution and to the best of my knowledge no such proceedings are

pending against me;

15.1.3 I have not held nor occupied any office or engaged in any business or

position other than that of a candidate attorney and/or candidate legal

practitioner;

15.1.4 There are no civil or administrative proceedings pending or about to be

instituted against me and no such proceedings have ever been instituted

against me in the past;

15.1.5 I have never voluntarily surrendered my estate, nor has my estate been

sequestrated either provisionally or finally and no similar proceedings are

currently pending against me;

15.1.6 I have not previously made application to be admitted as an attorney and/or

legal practitioner or an advocate of the High Court of South Africa nor have

I enrolled to practice as an Advocate or Attorney or Legal Practitioner of the

said Honourable Court;

15.1.7 I have completed my Contract of Articles for an uninterrupted period of two

(2) years within a period of three (3) years preceding this application;

15.1.8 To the best of my knowledge and belief, there is no reason why I should not

be admitted and enrolled as an attorney and/or legal practitioner of this

Honourable Court;

15.1.9 In the premises, I respectfully submit that I have complied with all the

provisions of section 24(2) of the Act.

 16.

SERVICE AND PAYMENT OF PRESCRIBED FEES:

16.1 In compliance with the provisions of Section 24(2)(b) of the Act as well as Rule

2 of the Rules:

16.1.1 I will ensure that the original and two copies of the notice of motion to which

this affidavit is annexed, together with this affidavit and all the annexed

documents, including the confirmatory affidavit of Mr. Sabelo Sihle Mtembu,

will lie for inspection with the Council on a date which precedes the date of

this application for a period of not less than one month in accordance with

Rule 17.7 of The Rules;

16.1.2 I paid the prescribed fees in terms of Section 2 of the Act to the Secretary of

the Legal Practice Council and submit that proof thereof will be filed with the

Registrar of this Honourable Court prior to the hearing of the application. In

support hereof I annex hereto proof of payment marked annexure “N”.

17.

COMPLIANCE WITH SECTION 24 AND 26 OF THE ACT IN ORDER TO BE

ADMITTED:

17.1 I submit that I have satisfied all the requirements of section 15 of the

Attorneys Act and I respectfully submit that I am currently entitled to be

admitted and enrolled as an attorney and/or legal practitioner under the

applicable provisions of section 24 and 26 if the Act, in that:

17.1.1 I am over the age of 21 years and a South African citizen;

17.1.2 I satisfied the requirements for obtaining a Baccelaureus Legum (LLB)

degree during the year 2017;

17.1.3 The degree referred to in 17.1.2 above was conferred on me by the

UNIVERSITY OF THE WITWATERSRAND, on the year 2018;

17.1.4 I entered into a two (2) year Contract of Articles and/or Practical Vocational

Training on the 1st AUGUST 2021 and continuously served under the direct

supervision and control of my principal, SABELO SIHLE MTEMBU, at

DURBAN, as contemplated in paragraph 10.3 above in accordance with the

abovementioned Contract of Articles and/or Practical Vocational Training.

The Contract was completed after I had reached the requisite period of 1

(one) year into the contracted period, due to having prior completed

PRACTICAL LEGAL TRAINING with L.E.A.D (Legal Education and

Development) on a full-time basis, for an uninterrupted period of 6(six)

months. I affirm my 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."
17.1.5 I submit that I have successfully written and passed the Admissions and/or

Competency Based Examinations for Candidate Attorneys and/or

Candidate Legal Practitioners, referred to in section 14(1)(a)-(c) of the

Attorneys Act as well as section 26(1)(d) of the Act on 27TH OF OCTOBER

2023;

17.1.6 I complied with the requirements for the Practical Legal Training course as

confirmed by the Attendance Certificate referred to in paragraph 11.1 above

and dated 17 NOVEMBER 2018 in accordance with Regulation6(1) of the

Legal Practice Act, as I attended and completed the Practical Legal Training

course on a full time basis for a period not less than 400 notional hours

duration in the aggregate;

17.1.7 I respectfully submit that I am a fit and proper person to be admitted as

prayed for and as contemplated in paragraph 15 above.

18.

RELIEF SOUGHT

18.1. To the best of my knowledge and belief, there is no reason why I should not

be admitted as a legal practitioner of this Honourable Court and I respectfully

submit that I am a fit and proper person to be so admitted and enrolled in terms

of The Legal Practice Act, The Rules and The Regulations.

18.2. In the premises of the content of this affidavit and the confirmatory affidavit of

my Principal, SABELO SIHLE MTEMBU, annexed hereto and marked

Annexure “I”.
 I respectfully submit that I have complied with all the requirements in terms of

The Legal Practice Act, The Regulations, The Rules and The Attorneys Act.

WHEREFORE I respectfully request that this Honourable Court grant an Order as

set out in the Notice of Motion to which this Affidavit is annexed.

________________________________

________________________

DEPONENT

THUS SIGNED AND SWORN to before me at __________ on this the ________ day

of _________________ 20__ after the deponent acknowledged that she knows and

understands the contents of this declaration. She further declares that she considers

the declaration as binding to her conscience.

______________________________

COMMISSIONER OF OATHS

FULL NAMES:

CAPACITY:

ADDRESS
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARITZBURG

CASE NUMBER: _____________

In the Ex Parte application of:

ZETHEMBILE PRIMROSE MBATHA APPLICANT

IDENTITY NUMBER: 9110140736081

for her admission as a legal practitioner and authorisation to the Legal Practice Council

to enrol the applicant as an Attorney in terms of Section 24 read with Section 30 of the

Legal Practice Act, 28 of 2014.

CONFIRMATORY AFFIDAVIT

I, the undersigned

SABELO SIHLE MTEMBU

IDENTITY NUMBER: 9110195597081

do hereby make oath and say that:

1.
1.1 I am a practicing attorney of the above Honourable Court and one of the

directors at the firm MHS ATTORNEY INC, situated at MANSION

HOUSE, 12 JOE SLOVO STREET, SUITE 250, 2ND FLOOR, DURBAN,

4001.

2.

2.1 The facts contained herein are within my personal knowledge and are, to

the best of my knowledge and belief, both true and correct unless the

contrary is stated.

3.

3.1 In this Affidavit except where the contrary appears from the context, any

reference to “the Act” will mean the Legal Practice Act, No 28 of 2014.

4.

4.1 In this Affidavit except where the contrary appears from the context, any

reference to “the Rules” will mean the Rules of the South African Legal

Practice Council.
 5.

5.1 I confirm that on the 1ST OF AUGUST 2021 at DURBAN, in the Province

of KWAZULU-NATAL, and in accordance with Section 2(1)(e) of the now

repealed Attorneys Act, No.53 of 1979, as amended (hereinafter referred

to as “the Attorneys Act”) I entered into a written Contract of Articles (“the

Contract of Articles and/or Contract of Practical Vocational Training”) with

ZETHEMBILE PRIMROSE MBATHA (hereinafter referred to as “the

Applicant”) for a period of two (2) years.

6.

6.1 The Contract of Articles and/or Contract of Practical Vocational Training

was registered by the Secretary of the Legal Practice Council of the

KwaZulu-Natal Provine, Pietermaritzburg on the 30th of September 2021

under registration number 615/2021, being a date within 2 (TWO) months

from the date of signature thereof as contemplated in Section 5(3) of the

Attorneys Act and in Rule 22.1.2.2 of the Rules of the South African Legal

Practice Council. I confirm that the letter from the director of the Law Society

of the KwaZulu-Natal Province, Pietermaritzburg, addressed to myself is

annexed to the Applicant’s Founding Affidavit, marked “F”, confirming that

the Contract of Articles and/or Contract of Practical Vocational Training had

been duly registered.

 7.

7.1 I confirm that I have, at the time of entering into the Contract of Articles of

Clerkship and/or Contract of Practical Vocational Training, and in

accordance with Rule 17.4.2.1.1 of the Rules, practiced as an attorney and

director of the firm, MHS ATTORNEYS INC, for a period longer than 3

(three) years and I still continue to practice as such.

8.

8.1 I confirm that, at no time during the period of 1 AUGUST 2021 to 1

AGUST 2022, being the period during which the Applicant has served her

Contract of Articles and/or Contract Practical Vocational Training under

me, did I have more than 3 (THREE) candidate attorneys and/or

candidate legal practitioners simultaneously serve under a Contract of

Articles and/or Contract of Practical Vocational Training with me.

9.

9.1 The Applicant served me continuously, faithfully and diligently as a

candidate attorney and/or candidate legal practitioner in accordance with

Contract of Articles and/or Contract of Practical Vocational Training during

the currency thereof, and during which period –

9.2 The Applicant was in my actual employment and under my direct personal

supervision in accordance with the provisions of the Act.

9.3 The Applicant had no pecuniary interest in either MHS ATTORNEYS INC,

nor to the best of my knowledge did s/he have any pecuniary interest in the

practice of any Attorney and nor did s/he hold any office or engage in any

business other than that of being my candidate attorney and/or candidate

legal practitioner.

9.4 The Applicant did not absent him/herself from MHS ATTORNEYS INC for

a period exceeding thirty (30) working days in any one year.

10.

10.1 In terms of Section 112(b) of the Act, any period of practical vocational

training undergone with an attorney or advocate before the date referred to

in section 120(4), being 1 November 2018, must be regarded as having

been a period of practical vocational training under the supervision of a

legal practitioner.

11.

11.1 I have read the affidavit of the Applicant and confirm the contents therein

insofar it relates to me.

 12.

12.1 I respectfully submit that the Applicant is a fit and proper person to be

admitted and enrolled as an attorney and/or legal practitioner of the above

Honourable Court.

WHEREFORE I confirm that I am in support of the Application by the Applicant to be

admitted as a Legal Practitioner of this Honourable Court as set out in the Notice of

Motion and Founding Affidavit.

________________________________

________________________________

DEPONENT

THUS SIGNED AND SWORN to before me at ____________ on this the ________

day of _________________ 20__ after the deponent acknowledged that he knows
and understands the contents of this declaration. He further declares that he considers
the declaration as binding to his conscience.

______________________________

COMMISSIONER OF OATHS

FULL NAMES:

CAPACITY:

ADDRESS:
 2. 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 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 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