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AI summary
The High Court in Pretoria considered a challenge to section 25(3)(a) of the Legal Practice Act 28 of 2014, which limited attorneys’ rights of appearance in the High Court and higher courts for three years after admission. The court declared that provision inconsistent with the Constitution and invalid, and referred the declaration to the Constitutional Court.
This appears to concern attorneys’ rights of appearance and the statutory distinction drawn between attorneys and advocates.
Evidence from source
Section 25(3)(a) of the Legal Practice Act 28 of 2014 is declared inconsistent with the Constitution and therefore invalid.
Supports: plain_summary: the court's order on section 25(3)(a)
section 25(3)(a) thereof, limiting the right of attorneys to only be entitled to appear in the High Court, the Supreme Court of Appeal and the Constitutional Court after a period of three years from date of admission
Supports: plain_summary: the provision challenged
The declaration of unconstitutionality is referred to the Constitutional Court in terms of sections 167(5) and 172(2)(b) of the Constitution.
Supports: plain_summary: referral to the Constitutional Court