The Future of International Legal Practitioners hangs in the balance:

The Constitutional Court, in a unanimous decision by Justice Zukisa Tshiqi, upheld the constitutionality and legality of section 24(2) of the Legal Practice Act 28 of 2014 (hereinafter referred to as (“the Act”), which states that only those who hold valid South African citizenship or permanent residency, can be admitted as legal practitioners, conveyancers, or notaries.

The primary issue that arose in the case of Relebohile Cecilia Rafoneke and Others v Minister of Justice and Correctional Services (2022) was whether section 24(2)(b) of the Act, unconstitutionally restricted foreign nationals from working as legal practitioners. The applicants in the case had obtained LLB degrees from South African universities, completed their vocational work at local firms, and were residing legally in the country on valid work permits, yet were still denied the opportunity to practice as legal practitioners.

The main reason behind this seemingly discriminatory decision, as stated by the Minister of Justice and Correctional Services, is rooted in the lack of employment opportunities for qualified South African citizens and residents. Additionally, an argument was made that the right to freedom of trade, occupation, and profession, which is enshrined in section 22 of the Constitution, does not extend to non-citizens. Thus, section 24(2) of the Act, read in conjunction with section 22 of the Constitution, limits the right to be admitted as a legal practitioner only to those persons who are citizens or permanent residents of the Republic.

This controversial and somewhat questionable decision has resulted in many questions being raised amongst the youth, namely whether universities will continue accepting foreign students to study LLB degrees whilst only being in possession of student visas. Of all the public universities in South Africa that offer law, the majority of them extend this opportunity to international students, many of whom may be unaware of their legal position within the country. The result however, is that uncertainty has been experienced by many international students, many of whom may now begin to face increased xenophobia and prejudice.

Questionably, universities around South Africa are still allowing international students to register and enrol in LLB degrees, with the only requirement listed as being in possession of a valid student visa.  This creates a secondary issue, and one that extends to both current and future international students, who have an interest in being legal practitioners and have followed the legal requirements to reside in the country.

The implications of the decision thus have far-reaching consequences, the true consequences of which remain to be seen in the near future.

For more information kindly email us on info@hjw.co.za.

Written by Alexis Van Eeghem – Currently undergoing an Internship with HJW Attorneys.

This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW ATTORNEYS at info@hjw.co.za directly for advice applicable to your specific matter.