INFORMATION FOR APPLICANTS FOR PUPILLAGE 2018

(“the information schedule”)

Completion and submission of applications

(Please do not include this information schedule as part of your application form. We require only pages 6 to 19 to be completed, stapled, punched and submitted. Please do not put your application form in a folder or file.)

1.  Complete the application form in bold typewriting on a word processor. You may download an electronic version of the application form from the website of the Johannesburg Society of Advocates (“the JSA”): www.johannesburgbar.co.za.

2.  If the form does not provide enough space for you to answer a question, continue typing the answer until it is complete and delete any dotted lines.

3.  If you are unable to provide a typed response, ensure that each and every word is legibly hand written. If the form does not provide enough space for you to answer a question, use a separate page. If you do so, ensure that (a) this fact is indicated under the relevant question on the application form and (b) the answer on the separate page is headed with the relevant paragraph number.

4.  Return the completed application form with the following supporting documents:

4.1.  A recent passport photograph securely glued (not stapled) to the first page of the application form;

4.2.  A certified copy of your identification document;

4.3.  If you are a South African citizen by naturalisation, a certified copy of the documents that prove the date that you obtained South African citizenship;

4.4.  If you are not a South African citizen, a certified copy of the documents that prove your status in South Africa (e.g. permanent residence);

4.5.  A certified copy of your matriculation certificate or equivalent secondary education qualification;

4.6.  A certified copy of your degree certificate(s) or equivalent tertiary education qualification(s);

4.7.  A certified copy of your full tertiary academic record showing each and every subject passed and failed and all marks obtained towards any and all degrees;

4.7.1.  This record must be provided whether or not you have graduated. If your degree is incomplete, provide your academic record to date.

4.7.2.  The record must show all your university results including, results for subjects initially failed but subsequently passed. If you provide a record that does not comply with these requirements (e.g. a UNISA transcript only of subjects passed), the JSA will not be able to assess your application.

4.8.  A testimonial from the Dean of your Law Faculty or a certificate of conduct from the Law Faculty. If you are unable to get such a testimonial or certificate, you must apply in paragraph 99 below for the JSA to waive this requirement;

4.9.  A certified copy of your certificates showing successful completion of any attorneys admission examinations or equivalent professional qualifications;

4.10.  A certified copy of your certificates showing successful completion of any programmes in legal practice or equivalent practical qualifications;

4.11.  If you have been admitted as an attorney, a certified copy of the court order admitting you as an attorney; and

4.12.  If you have been admitted as an advocate, a certified copy of the court order admitting you as an advocate. If it is not available at the time of submitting your application, undertake to and provide it as soon as it becomes available.

5.  The JSA reserves the right to reject any application that is incomplete or does not include the documents requested in paragraph 4 above.

6.  Do not attach any other documents that are not requested.

7.  An application will only be considered if it is received in hard copy (i.e. not by fax or email) with all required attachments at the office of the Administrative Officer of the JSA.

8.  The original application must be accompanied by 9 identical photocopies of the full application including all attachments. This information schedule and schedule 1 entitled “Information for Referees” should not be included in your copies.

9.  If you are unable to provide the required copies for a good reason, provide the Administrative Officer of the JSA with a written motivation for assistance. The JSA will only assist in exceptional circumstances.

10.  The deadline for applications is 16:30 on 31 July 2017. You are however encouraged to submit your completed application form, including your references, well before the deadline as the JSA processes all applications as and when they are received.

11.  Save in exceptional circumstances, no application received after the deadline will be considered.

12.  Should you wish to retract your pupillage application, you are to inform the Administrative Officer of the JSA immediately, as this affects the administration and evaluation process.

Notification of any change to contact details

13.  You are required, during the application process and, if successful, during your pupillage, to immediately notify the Administrative Officer of the JSA of any changes to any of your or your next of kin’s contact details.

14.  You will be deemed to have received any communication sent to your chosen and recorded physical address, fax number or email address.

Assessment of applications

15.  The JSA receives far more applications than it is able to accommodate in its pupillage programme. Applications are therefore rigorously assessed.

16.  The selection criteria and processes are set out in the document entitled “Johannesburg Society of Advocates: pupillage selection process” which is available on the JSA website. It must be carefully read by all applicants.

17.  To promote the transformation of the JSA, preference will be given to applicants who are

(a) African, Coloured or Indian, (b) female and/or (c) disabled.

18.  You are required to disclose your nationality, race, sex and any disability to enable the JSA to apply its transformation policy.

19.  All applicants are required to attend an interview. The interviews form an integral part of the assessment process and will take place in about September 2017. You will be notified via email of the interview dates.

20.  The JSA will try to inform you of the outcome of your application by the end of October 2017.

Duration of pupillage

21.  Unless you are granted an exemption as contemplated below, pupillage will begin the week of the 22nd January 2018. If you are accepted into pupillage you will be informed when you are to attend registration in that week. .

Pupillage ends on 31 December 2018 or such earlier date as the JSA may determine.

22.  Pupillage is a full-time training programme.

23.  For the duration of pupillage you are not allowed to hold any other employment, whether on a full-time or part-time basis. Before starting pupillage, you should make arrangements to be financially self-sufficient for all of 2018 as well as the first three months of 2019.

24.  During pupillage you must present yourself at your mentor’s chambers each business day and complete such pupillage training related tasks as your mentor may assign to you.

25.  During pupillage you must also attend such percentage of pupillage training related lectures as may be determined by the JSA. In addition, preparation for and participation in all advocacy training workshops is compulsory.

26.  Should you be admitted to the pupillage programme but not fulfil the requirements of the programme from time to time, the Pupillage Committee of the JSA may terminate your pupillage at any time.

27.  In addition, the JSA may terminate your pupillage at any time for any good reason, including:

27.1.  any non-disclosure of a matter mentioned in paragraphs 100 to 103 below;

27.2.  dishonesty, misconduct or other improper conduct;

27.3.  a failure to meet the requirements of the pupillage programme; or

27.4.  conduct which disrupts, disturbs or interferes with the functioning of a court, the JSA or the pupillage programme or the rights of any person.

Applicants who are or will become attorneys

28.  Applicants who are or intend to become attorneys are advised that no person whose name appears on the roll of attorneys is eligible to be admitted as an advocate.

29.  Subject to paragraph 37 below, no attorney will be allowed to begin pupillage without proof that an application has been filed for the removal of his or her name from the roll of attorneys and that the relevant Law Society has no objection thereto.

Admission as an advocate

30.  Subject to paragraph 37 below, before you begin pupillage you must be an admitted advocate of the High Court of South Africa or have launched a formal court application to be so admitted. This application for pupillage is not an application for admission as an advocate.

31.  Your application for admission as an advocate must be served on the JSA and filed with the court on or before the last business day preceding the start of pupillage.

32.  In order to assist you with preparation of your application for admission as an advocate, you may contact the offices of the JSA for a precedent.

33.  The precedent should only be used as an example and does not relieve you of your responsibility to comply with all requirements for the admission of advocates, including those set out in the Admission of Advocates Act 74 of 1964, Uniform Rule 3A, paragraph

15.2 of the Gauteng Division Practice Manual and paragraph 10.2 of the Gauteng Local Division Practice Manual (or the equivalent provisions in any subsequent practice manuals). Note that the practices and requirements in other court divisions may vary.

34.  Only pupils who have been admitted as advocates will be permitted to write the National Bar Examinations.

35.  Once admitted, you must hand a copy of your admission certificate to the Administrative Officer of the JSA as soon as possible and, in any event, no less than 14 days before the date of the first examination.

Exemption from the requirements of pupillage

36.  If you wish to apply for an exemption from any requirement of pupillage (including the entrance fee), specify the relevant requirement(s) and set out in detail all the facts and circumstances that support your application. Please note that:

36.1.  Should your application be accepted; it does not mean your exemption has been granted. You will either receive a separate letter regarding the outcome of your exemption OR it will be stated in your acceptance letter from the JSA.

36.2.  Exemptions are granted sparingly.

36.3.  In principle, the period of pupillage is the same for pupils who have and have not yet qualified as legal practitioners, viz. 12 months.

36.4.  Provision for partial exemption from this requirement is as follows :-

36.4.1. An applicant may not be exempted from any of the requirements of pupillage if he or she has not practised as a legal practitioner for at least 4 years.

36.4.2. A legal practitioner who has practised as such for a period of at least 4 years may apply for partial exemption from the requirements of pupillage.

36.4.3. Generally, the JSA does not exempt anybody from the requirements of having to:-

(a)  pass the National Bar Examinations; or

(b)  fully and properly prepare for and participate in all advocacy training workshops.

36.5.  The General Council of the Bar of South Africa (“the GCB”) has the power to exempt any person from any requirement of pupillage.

37.  In exceptional circumstances, the JSA may allow you to begin pupillage before you launch your application for admission as an advocate, provided that:

37.1.  you make a motivated application for exemption from this requirement when you apply for pupillage and receive permission from the JSA in writing;

37.2.  you be admitted as an advocate at least 30 days before writing the National Bar Examinations; and

37.3.  if your application for admission is unsuccessful, your pupillage will terminate immediately.

Pupil mentor

38.  You are encouraged to identify and approach any member of the JSA whom you wish to be your mentor to ascertain his or her availability and willingness to be your mentor. Senior Counsel are not appointed as mentors and, absent prior relevant experience, members of less than five years’ standing are generally not appointed as mentors.

39.  A member of the National Bar Examination Board (“the NBEB”) is not permitted to be a mentor.

40.  The decision concerning the allocation of your mentor rests with the JSA. While your preference, if any, will be taken into account, the fact that a member may be available and willing to be your mentor does not mean that you will be allocated to that member or even that you will be offered a place in the pupillage programme.

41.  If you do not or cannot arrange for an advocate to be your prospective mentor, the JSA will allocate a mentor to you.

Financial assistance and arrangements

42.  The JSA provides very limited financial support to a small number of pupils during their pupillage. You should not assume that you will be successful in applying for such support and are reminded of what is said in paragraphs 22 and 23 above.

43.  An application for financial assistance will not prejudice your application for admission to the pupillage programme, provided it is accurate and complete in every respect. It is in your interests that you disclose in your pupillage application the financial arrangements you have made for pupillage. Information provided in this application will be considered when an application for financial assistance is evaluated.