Podcast
Questions and Answers
What was one reason the Incorporated Law Society v Wookey case excluded certain individuals from legal practice?
What was one reason the Incorporated Law Society v Wookey case excluded certain individuals from legal practice?
What standard was politically abused to remove lawyers during apartheid?
What standard was politically abused to remove lawyers during apartheid?
Which notable figure was recognized posthumously for his contribution as a struggle lawyer against apartheid?
Which notable figure was recognized posthumously for his contribution as a struggle lawyer against apartheid?
What did the Johannesburg Bar Council officially recognize regarding Bram Fischer many years later?
What did the Johannesburg Bar Council officially recognize regarding Bram Fischer many years later?
Signup and view all the answers
Which group was notably excluded from legal practice according to Roman Dutch law in the case discussed?
Which group was notably excluded from legal practice according to Roman Dutch law in the case discussed?
Signup and view all the answers
What legislative act allowed for the reversal of injustices against certain legal practitioners?
What legislative act allowed for the reversal of injustices against certain legal practitioners?
Signup and view all the answers
What was a significant factor for the refusal of registration for a prospective attorney by the Law Society of the Cape of Good Hope?
What was a significant factor for the refusal of registration for a prospective attorney by the Law Society of the Cape of Good Hope?
Signup and view all the answers
What does the term 'fit and proper person' refer to in legal practice?
What does the term 'fit and proper person' refer to in legal practice?
Signup and view all the answers
What criteria have historically been used to exclude individuals from the legal profession in South Africa?
What criteria have historically been used to exclude individuals from the legal profession in South Africa?
Signup and view all the answers
How has the response of the legal establishment been towards constitutional challenges related to character screening?
How has the response of the legal establishment been towards constitutional challenges related to character screening?
Signup and view all the answers
Which section of the Constitution recognizes the right to choose a profession freely?
Which section of the Constitution recognizes the right to choose a profession freely?
Signup and view all the answers
What was a key argument against the statutory power to remove unfit persons from the roll of attorneys?
What was a key argument against the statutory power to remove unfit persons from the roll of attorneys?
Signup and view all the answers
What can be concluded about character traits unrelated to professional performance in law admissions?
What can be concluded about character traits unrelated to professional performance in law admissions?
Signup and view all the answers
Which historical figure's actions relate to the discrimination experienced in the legal profession?
Which historical figure's actions relate to the discrimination experienced in the legal profession?
Signup and view all the answers
What significant impact does a denial of admission to the legal profession have on individuals?
What significant impact does a denial of admission to the legal profession have on individuals?
Signup and view all the answers
What is the primary concern regarding character assessments in legal admissions according to the historical context?
What is the primary concern regarding character assessments in legal admissions according to the historical context?
Signup and view all the answers
What is a common basis for excluding individuals from legal practice according to the content?
What is a common basis for excluding individuals from legal practice according to the content?
Signup and view all the answers
How did political considerations impact the courts' decisions in South Africa regarding legal admissions?
How did political considerations impact the courts' decisions in South Africa regarding legal admissions?
Signup and view all the answers
Which historical figure faced opposition based on racial bias when applying to practice law?
Which historical figure faced opposition based on racial bias when applying to practice law?
Signup and view all the answers
What factor influenced Madeline Wookey's ability to enter articles of clerkship?
What factor influenced Madeline Wookey's ability to enter articles of clerkship?
Signup and view all the answers
What role do bar organizations typically play according to the content?
What role do bar organizations typically play according to the content?
Signup and view all the answers
What does the court rely on when deciding whether someone is a 'fit and proper person' to practice law?
What does the court rely on when deciding whether someone is a 'fit and proper person' to practice law?
Signup and view all the answers
In what way did the content suggest that prejudice can impact the legal profession?
In what way did the content suggest that prejudice can impact the legal profession?
Signup and view all the answers
What judgement did the court express concerning the appropriateness of legal candidates?
What judgement did the court express concerning the appropriateness of legal candidates?
Signup and view all the answers
Study Notes
Legal Profession - Fit and Proper Person Standard
- Rhode argues that the "fit & proper" person standard is biased against minorities and non-conformists
- Legal professions, particularly bar organizations, are dominated by mainstream practitioners, potentially excluding those who don't fit the mainstream
-
South African Context
- Courts have the discretionary power to assess whether someone is "fit & proper" to practice law
- This can result in subjective judgments based on the court's impressions
- Historically, this "fit & proper" standard has been used to exclude individuals based on race, gender, and political affiliations
-
Examples:
- Mahatma Gandhi's application to be an advocate was opposed due to his Indian origin
- Madeline Wookey was denied articles of clerkship because she was a woman
- Bram Fischer, a prominent advocate opposing apartheid, was struck off the roll for his political views
- The post-apartheid era brought about some changes, including the reinstatement of Bram Fischer to the role of advocates
- The "fit & proper" standard continues to challenge the legal profession
Constitutional Challenges
- The "fit & proper" standard has been challenged in the South African constitutional framework.
- Although the right to freely choose an occupation is enshrined in the Constitution (Section 22), this right can be regulated
- Any limitation on this right must meet the requirements of Section 36 of the Constitution, which includes being related to the public interest
- Arguably, character traits or personal conduct not affecting professional performance or public interest should not be used to exclude someone from practicing law
- Challenging the "fit & proper" standard in the court has been a significant battle, as evidenced in the case of Prokureursorde van Transvaal v Kleynhans, where the court upheld its power to remove attorneys from the roll.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the controversial 'fit & proper' person standard in the legal profession, particularly in the South African context. This quiz examines the implications of subjective judgments and historical exclusions based on race, gender, and politics. Understand how this standard has impacted various individuals in their pursuit of legal practice.
