Legal Education - South Africa

South Africa

In South Africa, the LL.B. is the universal legal qualification for admission and enrollment as an Advocate or Attorney; see split profession. Since 1998, LL.B. programmes may be entered directly at the undergraduate level, at the same time, the LL.B. continues to be offered postgraduate and may then be accelerated dependent on the bachelor's degree. The programme lasts between two and four years correspondingly (compare Australia, above). See Bachelor of Laws: South Africa.

Although not formally required for practice, further training, e.g. in tax, is usually via specialised postgraduate diplomas or LL.M. programmes. Research degrees are the LL.M. and LL.D., or PhD depending on university. The Master’s dissertation reflects an ability to conduct independent research, whereas the Doctoral thesis will, in addition, constitute an original contribution to the field of law in question. A doctorate, generally, is required for positions in legal academia. See Master of Laws: South Africa; Doctor of law: South Africa.

Historically, the B.Proc. and B.Juris were the legal degrees offered at the undergraduate level. The four-year BProc qualified one to practice as an attorney, or become a prosecutor or magistrate in the lower courts, but did not allow for admission as an advocate. The three-year B.Juris was the basic requirement for prosecutors and magistrates in the lower courts, but on its own, did not qualify one to practice as an attorney. Both offered admission to the LLB.

For admission as an attorney, one serves "articles" as a candidate attorney with a practicing attorney for two years, and then writes a "board exam" set by the relevant provincial Law Society. See Attorneys in South Africa. The length of articles may be reduced by attending a practical legal training course or performing community service. Attorneys may additionally qualify as Notaries and Conveyancers, via the Conveyancing and Notarial Practice Examinations; those with technical or scientific training may further qualify as patent attorneys – see Patent attorney: South Africa.

The requirements to enter private practice as advocates (Junior Counsel) are to become members of a Bar Association by undergoing a period of training (pupilage) for one year with a practicing Advocate, and to sit an admission examination. On the recommendation of the Bar Councils, an advocate "of proven experience and skill" with at least ten years experience, may be appointed by the President of South Africa as a Senior Counsel (SC; also referred to as a "silk"). See Advocate: Advocates in South Africa.

The Act regulating admission to practice law ("The Qualifications of Legal Practitioners Amendment Act of 1997") is being revised.