A landmark judgment by the Gauteng High Court abolishes the three-year waiting period for attorneys before they may appear in the country's superior courts.
In a groundbreaking judgment for newly admitted attorneys, the Gauteng High Court last week declared the three-year waiting period preventing attorneys from appearing in higher court, unconstitutional.
Judge Norman Davis found that the section of the Legal Practice Act (LPA) unfairly singled out attorneys as advocates admitted at the same time as attorneys do not have a three-year mandatory waiting period before they can appear in the high courts, the Supreme Court of Appeal and the Constitutional Court.
The victory for newly admitted attorneys was sparked by attorney Kgomotso Ramalepe and Marweshe Attorneys. The legal challenge was brought against the Minister of Justice, the Legal Practice Council and the Black Lawyers Association.
Ramalepe was admitted by the court as an attorney in June last year, and she decided to challenge the law as she was barred from appearing in the higher courts due to the restrictions of the Act.
