Gauteng Judge President Dunstan Mlambo has ordered a ‘full court’ hearing of the Legal Practice Council’s refusal of an application for conversion from an advocate to an attorney.

Quentin Donaldson’s application to be reinstated as an attorney was refused on the ground that he should have completed the legal practice management course and submitted proof he had done so prior to lodging an application for conversion from advocate to attorney.

The LPC claims the completion of the course is peremptory and without proof of completion, the applicant cannot be converted back to an attorney.

Donaldson, however, argues that in terms of the Legal Practice Act, the conversion from advocate to attorney does not solely lie on the completion of the course and that he has a period of a year according to s95(1)(zL) read with s85(1)(b) of the Legal Practice Act within which to complete the course.

He maintains that he has complied with all the requirements in every other aspect as outlined in the Act and that the respondent placed reliance solely on the wording that the applicant should provide proof of having completed the practice management course.

He also contends that the respondent’s incorrect interpretation of Rule 30.4.4.2 read with s85(1)(b) of the Legal Practice Act is the only hindrance to him being converted back to an attorney.

He therefore submits that for reasons which are incorrect in law and/or which are nonsensical and/or unconstitutional, the respondent has unlawfully refused his application for conversion from advocate to attorney.

The matter is to be heard by the full court on 23 October, and full details of deadlines for the lodging of papers are available in the Judge President’s directive.

Judge President's directive