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Questions and Answers
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?
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?
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Which group was notably excluded from legal practice according to Roman Dutch law in the case discussed?
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What legislative act allowed for the reversal of injustices against certain legal practitioners?
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What was a significant factor for the refusal of registration for a prospective attorney by the Law Society of the Cape of Good Hope?
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What does the term 'fit and proper person' refer to in legal practice?
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What criteria have historically been used to exclude individuals from the legal profession in South Africa?
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How has the response of the legal establishment been towards constitutional challenges related to character screening?
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Which section of the Constitution recognizes the right to choose a profession freely?
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What was a key argument against the statutory power to remove unfit persons from the roll of attorneys?
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What can be concluded about character traits unrelated to professional performance in law admissions?
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Which historical figure's actions relate to the discrimination experienced in the legal profession?
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What significant impact does a denial of admission to the legal profession have on individuals?
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What is the primary concern regarding character assessments in legal admissions according to the historical context?
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What is a common basis for excluding individuals from legal practice according to the content?
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How did political considerations impact the courts' decisions in South Africa regarding legal admissions?
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Which historical figure faced opposition based on racial bias when applying to practice law?
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What factor influenced Madeline Wookey's ability to enter articles of clerkship?
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What role do bar organizations typically play according to the content?
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What does the court rely on when deciding whether someone is a 'fit and proper person' to practice law?
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In what way did the content suggest that prejudice can impact the legal profession?
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What judgement did the court express concerning the appropriateness of legal candidates?
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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
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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
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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.
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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.
