Uncategorized
What does this mean in simple English? – CONCOURT CLOSES DOOR ON FOREIGN NATIONALS BEING ADMITTED AS LAWYERS
- HOME
- LOCAL
- POLITICS
- OPINION
- BUSINESS
- LIFESTYLE
- SPORT
- VIDEO
- PODCASTS
- FEATURES
- WORLD
- AFRICA
- CARTOONS
- MULTIMEDIA
- CONTACT US
- EWN APPS
- TERMS AND CONDITIONS
3′
CONCOURT CLOSES DOOR ON FOREIGN NATIONALS BEING ADMITTED AS LAWYERS
Justice Zukisa Tshiqi – who penned the unanimous decision – found that while the right to choose your trade, occupation or profession freely was enshrined in section 22 of the constitution, the right was only extended to citizens
Bernadette Wicks | 02 August 2022 18:00
JOHANNESBURG – The country’s apex court has overturned a ruling that had declared the Legal Practice Act unconstitutional, in so far as it only allows South African citizens or permanent residents, to be admitted as lawyers.
In September, the Bloemfontein High Court declared as unconstitutional and invalid section 24(2) of the Legal Practice Act (LPA) – which states that “a person may only practise as a legal practitioner if he or she is admitted and enrolled to practise as such in terms of this act” and that “the High Court must admit to practise and authorise to be enrolled as a legal practitioner, conveyancer or notary or any person who, upon application, satisfies the court that he or she [among others] is a South African citizen; or permanent resident in the Republic”.
This on the back of two initially separate applications from Lesotho citizens Relebohile Rafoneke and Sefoboko Tsuinyane. Despite the fact that they successfully completed their law degrees and articles in South Africa, the two could not be admitted because of the relevant legislation. The applications were ultimately heard together.
And in February, the High Court’s ruling came before the Constitutional Court for confirmation. But the Constitutional Court has now declined to confirm it.
Justice Zukisa Tshiqi – who penned the unanimous decision – found that while the right to choose your trade, occupation or profession freely was enshrined in section 22 of the constitution, the right was only extended to citizens. “Section 22 is silent regarding non-citizens and, consequently, does not afford that right to them,” she said.
“The Legislature is therefore at liberty to decide how far to extend admission into the legal profession to non-citizens and it has chosen to draw the line at permanent residents. That the Legislature has not gone further to include refugees and asylum seekers cannot be challenged by non-citizens under section 22. They do not enjoy a section 22 right”.
Further more, Tshiqi found the bar on admitting non-citizens or permanent residents, served a legitimate government purpose. “While this policy may be open to debate, the fact that the Legislature has adopted it is not arbitrary or illegitimate. It is restrictive and protectionist, and those are permissible governmental objectives,” she said.
“The simple point is that the Legislature has differentiated between permanent residents and other kinds of residents. It has done so to protect opportunities for South Africans. That is a permissible policy to adopt. There is a proper basis to distinguish the position of permanent residents and other categories of residents. Therefore, the line drawn in the LPA is similarly permissible. This is primarily a policy decision that serves a legitimate government purpose”.
She also highlighted that the non-citizens or permanent residents could still find employment in the broader legal profession that didn’t require admission as a legal practitioner: “They are therefore not left destitute with no alternative source of employment. The activity which the applicants seek constitutional protection for is the enjoyment to choose one’s vocation and as such this cannot be held to amount to unfair discrimination, as this right does not fall within a sphere of activity protected by a constitutional right available to foreign nationals such as the applicants”. Tshiqi added that “it follows that, as the discrimination is not unfair”.
The Minister of Justice, Ronald Lamola, had opposed the confirmation of the High Court’s ruling. In a statement on Tuesday, he welcomed the outcome.
Related articles
- 6 staff sanctioned after woman found dead at nursing home
- Migrant religious workers will no longer get work permits, permanent residency
- WC govt scrambles for funds to boost cycling in Khayelitsha
- Parly clears Kodwa of alleged involvement in Phala Phala burglary cover-up
- CoCT introduces new traffic law to destroy impounded vehicles
- GP, NW properties worth R144m unlawfully transferred to private bodies – SIU
- ‘You’ll pay one day’ – Mpofu threatens Mkhwebane impeachment inquiry chair
- Court to decide on Malema’s hate speech case against Kenny Kunene
- The accused in the murder of footballer Senzo Meyiwa in the Pretoria High Court on 25 April 2022. Picture: Kgomotso Modise/Eyewitness News
TODAY IN HOME
21 people, including 19 children killed in KZN horror crash
Demands for immediate conclusion of Phala Phala investigation unfair – acting PP
17 September 2022 10:25
Load shedding moves up to Stage 5 from Saturday morning
17 September 2022 09:55
The ruling against Teffo upholds standards of the law – Legal Practice Council
17 September 2022 09:28
King Misuzulu’s office expects Reed Dance to go ahead without incident
17 September 2022 08:59
PowerBall results: Friday, 16 September 2022
17 September 2022 06:32
Mabuza: ‘More than 4,000 illegal miners arrested since 2019’15 September 2022 19:16
Meyiwa’s friend, Madlala, refuses to say how much Netflix paid to interview him
16 September 2022 19:32
Ramaphosa enjoys heartening reception in US ahead of talks with Biden
16 September 2022 19:31
LOCAL
10 people, including 8 children, killed in KZN crash16 September 2022 17:10
IFP: ‘City Press’ editor must account for ‘false statements’ about Buthelezi
16 September 2022 16:48
Civil society groups hand over memorandum on new Electoral Amendment Bill
16 September 2022 16:40
Curator to control disbarred adv Teffo’s professional banking accounts
16 September 2022 16:05
Judgment reserved in Alberts Farm Conservancy ‘park dwellers’ eviction case
16 September 2022 15:35
CoCT officials claim Cele’s unable to tell SA of plans to tackle kidnappings
16 September 2022 15:01
Anti-apartheid journalist Nat Nakasa gravesite restored, unveiling set for Sat
16 September 2022 14:50
Mpofu: Suspending Mkhwebane as PP the most egregious abuse of power
16 September 2022 14:40
Eskom extends stage 4 load shedding into the weekend
16 September 2022 13:50
VIDEOS
6 illegal miners’ bodies found near Bosmont
Children falling into open manholes: How can we prevent this?
Zulu royal family sends condolences following Queen Elizabeth II’s passing
OPINION
OPINION: Blah blah black sheep15 September 2022 17:58
HAJI MOHAMED DAWJEE: Doing the most with less
15 September 2022 12:04
‘Hi and bye’ – one ‘skrrr skrrr’ wife’s fitting words to Mnakwethu’s Mseleku
11 September 2022 17:39
BUSANI NGCAWENI: Oh! (Step)children of the empire, this grief is not yours
09 September 2022 08:55
MANDY WIENER: Buckle up Shamila, the airplane is about to come under fire
08 September 2022 05:30
HAJI MOHAMED DAWJEE: This is how you ride the recession rollercoaster
07 September 2022 16:56
POLITICS
AfriForum to appeal Equality Court ruling over ‘dubul’ ibhunu’ song16 September 2022 13:45
ANC no longer has a following in WC’s rural areas – SACP
16 September 2022 11:48
Opposition parties must provide sufficient evidence to remove Ramaphosa – De Vos
16 September 2022 11:03
BUSINESS
Another drop in petrol price expected in October but diesel to increase – AA16 September 2022 12:21
Google, Meta face record fines in South Korea over privacy violations
16 September 2022 05:52
Expect to see ‘significant improvement’ in airports- Acsa ups maintenance budget
15 September 2022 20:26
AFRICA
Queen’s death leaves Zimbabweans conflicted16 September 2022 15:45
India’s Adani briefly listed as world’s second-richest person
16 September 2022 12:25
IMF urges policy caution for vulnerable Africa
16 September 2022 12:00
WORLD
Fire engulfs skyscraper in China’s Changsha city16 September 2022 16:42
Ramaphosa lands in Washington for talks with Biden
16 September 2022 09:01
Who’s invited – and who’s not – to Queen Elizabeth’s funeral
16 September 2022 05:54
SPORT
‘Plain old consistency’ says Cato Louw on defending the Woman in Radio Award16 September 2022 13:59
Jake White looks to add more trophies for Bulls after contract extension
16 September 2022 12:37
Boucher named head coach of IPL’s Mumbai Indians
16 September 2022 10:40
LIFESTYLE
Sex focus: how to practice safe sexts16 September 2022 12:56
Thuso Mbedu becomes first South African actor to appear on The View
16 September 2022 12:51
EThekwini Mayor Kaunda, now also a musician performs for international delegates
16 September 2022 10:24
EXPLAINER: Mkhwebane vs Ramaphosa-What’s going on?
15 September 2022 19:12
Property market still favourable for buyers despite inflation, says expert
16 September 2022 18:14
Most COVID-19 variants found in Africa came from abroad, study finds
16 September 2022 17:58
Does Nkosazana Dlamini-Zuma stand a chance at becoming the next ANC president?
13 September 2022 17:20
Family of SA man stuck in UAE march to Pretoria embassy to demand his return
16 September 2022 17:41
Presidency: Mkhwebane failed to prove her suspension impedes Phala Phala probe16 September 2022 17:41
MANDY WIENER: With great power comes great responsibility for the media
15 September 2022 06:00
Next SectionLocalClassic versionPowered by
1′
21 PEOPLE, INCLUDING 19 CHILDREN KILLED IN KZN HORROR CRASH
A truck crashed into a bakkie that had been transporting school children on the N2 on Friday between Pongola and Itshelejuba, according to paramedics.
Sifiso Zulu | 17 September 2022 08:29
JOHANNESBURG – The death toll from a crash involving a truck and a bakkie in KwaZulu-Natal (KZN) has risen to 21.
Paramedics said the truck crashed into a bakkie that had been transporting school children on the N2 on Friday between Pongola and Itshelejuba.
Ten people died on the scene while others were declared dead at a local hospital.
“The fatally injured include two adults and 19 children aged between about five and 12 years old that were primary school children, and they were being transported home after school,” said KZN EMS spokesperson Robert McKenzie.
Meanwhile, KZN transport MEC Sipho Hlomuka is on Saturday due to visit the families of the deceased.
“MEC Hlomuka conveys his deepest condolences to all the affected families and is also due to visit the area so that for himself he is able to inspect the scene and interact with the families that have lost their loved ones,” said department spokesperson Kwanele Ncalane.
Related articles
- Most COVID-19 variants found in Africa came from abroad, study finds
- Family of SA man stuck in UAE march to Pretoria embassy to demand his return
- ANC accepts Sihle Zikalala’s resignation as KZN premier
- FILE: Lotto, lottery, powerball. Picture: National Lotteries Commission/Facebook
- ‘Everything on track for 2022 Comrades Marathon’
- Meyiwa’s friend, Madlala, refuses to say how much Netflix paid to interview him
- Pietermaritzburg tavern shooting: 4 people dead, at least 8 wounded
- 10 people, including 8 children, killed in KZN crash
- Property market still favourable for buyers despite inflation, says expert
- Presidency: Mkhwebane failed to prove her suspension impedes Phala Phala probe
Classic versionPowered by
Warning: Undefined variable $user_ID in /home/iniafrica/public_html/wp-content/themes/zox-news/comments.php on line 49
You must be logged in to post a comment Login