LEGAL PRACTITIONERS AND LEGAL

OFFICIALS
• Every legal system is manned by professionals who have different
functions and responsibilities;
• The most prominent of these are presiding officers and legal
practitioners;
• In addition to these officials there are other court officials who mainly
perform administrative duties;
• Without these latter officials it is unlikely that courts would be able to
operate;
• Below we take a look at some of the actors in our legal system, their
roles, functions and responsibilities
Attorneys and advocates
• Prior to the advent of the LPA the practice of attorneys and advocates
was separated;
• They were admitted i.t.o different legislation and belonged to
different regulatory and disciplinary bodies;
• Attorneys were admitted in terms Attorneys Act and advocates i.t.o
Admission of Advocates Act;
• The LSSA (and a variety provincial law societies) was responsible for
the regulation and discipline of attorneys;
• The GCBSA (with its constituent bars) was responsible for the
regulation of advocates
• The traditional distinction between the two included among others:
That attorneys could receive instructions directly from members of
the public;
Whereas advocates had to await to be briefed by attorneys;
Attorneys maintain to types of bank accounts i.e business account
and trust account;
Advocates are not required to keep a trust account;
Attorneys can undertake litigious and non-litigious work;
Advocate perform litigious work;
Attorneys holds funds in trust account for their clients;
Advocates do not deal with trust funds;
Attorneys could practice as sole proprietor (solely responsible for obligations and debts),
as partnership or as legal entity (company) signified by inc for incorporated at the end;
Advocates practice as individuals with a group (not as partnership);
• Before 1995 attorneys did not have the right to appear in the high court;
• Currently both professions are regulated i.t.o LPA
• Most of the distinguishing factors between the advocacy and attorneys profession
remain;
• However, advocates may choose to practice as referral advocates (on brief by attorney)
may in addition obtain fidelity fund certificate;
• The latter are allowed to obtain instructions directly from the
members of the public;
• They must keep a trust account;
• Attorneys are allowed to appear in the high court after a minimum
period of 3 years in practice;
• Candidates who desires to be admitted as attorneys must serve the
article of clerkship/pvt (period of two years);
• May reduce this period to 1 year by attending law school;
• Must attorneys board exam
• A candidate wishing to be admitted as an advocate must serve
pupillage/pvt for 1 year and write exam
• Notary-attorney who has passed the notarial practice exam;
• Only notariese execute variety of deeds before they could be
registered with the deeds office e.g servitutes, anti-nuptial contracts
and post-nuptial contracts;
• Conveyancer- attorney who has passed conveyancing exam;
• Their work centres on facilitating transfers of immovable property and
registration of such changes of ownership with the Registrar of deeds.
Public legal practitioners
• In addition to practitioners in private practice there are legal
practitioners who operate in the public sphere:
 Prsecutors;
 State attorneys,and
 State legal advisers
Presiding officers
• These are officials who adjudicate legal disputes;
• They are found in different court levels
• Judges (higher courts)
• Judges of appeal (SCA)
• Magistrates (lower court)
• Head of judiciary CJ, appointed by the president (and the deputy)
• They adjudicate at the CC
OTHER OFFICIALS
• Master of the high court
Appointed by Minister of Justice;
She is responsible for the administration of estates for each high court;
Exercises control over the administration of estates;
Maintains registers of documents relating to deceased and other estates;
Keeps records of L and D accounts submitted by executors, exercises
oversight and control over executors;
Exercise control over trusts and trustees;
Administers guardian’s fund.
• Registrar of the high court/clerk of the court
 Oversee the administration court;
Issues court processes;
 stores court documents such as pleadings
Compiles court roll
Tax legal costs (taxing master)
• Family advocate
Appointed i.t.o Mediation of Certain Divorce Act
Primary responsibility is to ensure the welfare of minor and
dependent children in divorce and matrimonial matters;
Eg in matters of custody and guardianship;
Institutes enquiries requested by the court.
• The sheriff
Serve court processes;
Effects court warrants of execution against properties
• The police;
• Registrar of deeds;
• Commissioner of oaths;
• Marriage officers
• Court interpreters