South Africa: Only South Africans and Permanent Residents May Be Lawyers, Concourt Rules
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Foreign law graduates who have lived, studied and completed articles and pupilage in South Africa do not qualify
The Constitutional Court has ruled that a section of the Legal Practice Act that only allows South African citizens or permanent residents to be admitted as lawyers is constitutional.
Foreign law graduates who have lived, studied and completed articles and pupilage in South Africa do not qualify.
The court said non-citizens have no rights under Section 22 of the Constitution which entrenches the rights of citizens to choose their trade occupation and profession.
In a blow to foreign law graduates who have lived, studied and completed articles and pupilage in South Africa, the Constitutional Court has ruled that a section of the Legal Practice Act (LPA) – that only allows South Africans or permanent residents to be admitted as lawyers – is constitutional.
The application was brought by Lesotho and Zimbabwean graduates and consolidated at one hearing. They were supported by the Asylum Seeker, Refugee and Migrant Coalition (ASRM), Scalabrini Centre of Cape Town, International Commission of Jurists, and the Pan-African Bar Association of South Africa.
The Legal Practice Council and the ministers of Home Affairs, Labour, and Trade, Industry and Competition, all opposed the application.
In an unanimous judgment on Tuesday, the court ruled that the relevant section of the LPA passed constitutional muster.
The court also overturned a previous ruling by the High Court in Bloemfontein which had declared the Act invalid to the extent that it did not allow foreigners to be admitted as “non-practicing” legal practitioners, that is as legal advisors with no rights to appear in court.
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