Omar Bennett
Becoming a constitutional lawyer in South Africa requires dedication and perseverance. The process is rigorous, but the impact on society and communities is rewarding. The first step is to obtain a Bachelor of Laws (LLB) degree, a prerequisite for becoming a legal practitioner in South Africa. This four-year degree provides a solid understanding of various legal areas, including constitutional law, and equips students with essential skills such as researching, analysing, and arguing legal cases. After completing the LLB, aspiring lawyers must undergo practical vocational training, gain real-world experience, and pass the board examinations. They must also fulfil community service requirements and pass an admissions exam before being admitted to the legal profession, where they vow to uphold the Constitution and protect individual rights.
| Characteristics | Values |
|---|---|
| Degree | Bachelor of Laws (LLB) |
| Degree duration | 4 years |
| Degree credits | 480 |
| Degree qualification | NQF level 8 |
| Degree equivalent | Honours degree |
| Degree prerequisites | Matric with the right subjects, including English |
| Degree admission requirements | APS of at least 32 for UP, APS of 20 or higher for UNISA |
| Degree subjects | Constitutional law, criminal law, contract law, property law, Foundations of South African law, South African private law, intellectual property, evidence, and African Customary Law |
| Work experience | 1-5 years at a private law firm, the state attorney, or a legal aid organization |
| Practical training | Practical Legal Training (PLT), including serving articles or attending PLT courses |
| Board exams | 4 papers |
| Admission exam | Attorneys' admission exam |
| Court admission | High Court of South Africa |
| Fidelity Fund Certificate | Short course on Practice Management |
| Citizenship | Citizen or legal resident of South Africa |
| Minimum age | 21 years old |
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What You'll Learn
Get a Bachelor of Laws (LLB) degree
Aspiring constitutional lawyers in South Africa must first obtain a Bachelor of Laws (LLB) degree, which is a prerequisite for becoming a legal practitioner in the country. This four-year undergraduate programme is designed to provide a solid foundation in various areas of law, including constitutional law, criminal law, contract law, and property law. It also equips students with essential skills in researching, analysing, and arguing legal cases, as well as hands-on experience through clerkships and moot court competitions.
When choosing a law school, it is important to ensure that the institution is accredited by the South African government. Additionally, the university should offer a comprehensive curriculum that covers all the necessary subjects required to practice law in South Africa. These subjects include Foundations of South African Law, South African Private Law, Intellectual Property, Evidence, and African Customary Law.
While the LLB degree is a common prerequisite for a career in law, there are alternative pathways to consider. Some universities in South Africa offer BA Law and BCom Law degrees, which can serve as a stepping stone towards an LLB qualification. These three-year degrees do not qualify individuals to practice law on their own but can provide a solid foundation for further legal studies.
It is worth noting that there are specific requirements for admission into an LLB programme. For example, at the University of Pretoria (UP), applicants need an APS of at least 32 and must pass English with a score of 60-69%. On the other hand, the University of South Africa (UNISA) has a lower APS requirement of 20 or higher, offering a more accessible route for aspiring law students.
The duration of the LLB programme is typically four years, but it is important to be prepared for possible extensions. Some students may take longer to complete the degree, especially if they struggle with certain subjects or choose to study part-time. Therefore, it is advisable to work hard and strive to complete the programme within the standard timeframe.
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Pass the board exams
Passing the board exams is a crucial step in becoming a constitutional lawyer in South Africa. The board exams consist of four papers that you need to complete. These exams are administered by the Legal Practice Council of South Africa and test your knowledge of legal practice and procedure, wills and estates, legal bookkeeping, attorneys' practice, contracts, and rules of conduct.
To prepare for the board exams, you can enrol in an Attorneys' admission exam course, which provides comprehensive preparation materials, including recordings and study notes. Additionally, gaining practical experience through clerkships or moot court competitions can enhance your understanding of legal principles and their practical application.
It is important to note that the board exams must be completed after obtaining your LLB degree and gaining some real-world experience. This experience can be acquired through working at a private law firm, the state attorney, or volunteering at a legal aid organisation for one to five years.
The cost of each board exam is approximately R3,000 to R5,000. Passing these exams is a prerequisite for admission to the legal profession in South Africa. Once admitted, attorneys pledge to uphold the Constitution and protect individual rights.
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Gain practical experience
Practical experience is a crucial aspect of becoming a lawyer in South Africa. After obtaining your LLB degree, you will need to gain hands-on experience in a legal setting. This can be achieved through practical vocational training, often referred to as "articles" or "articles of clerkship". During this phase, you will work under the supervision of a registered attorney at a law firm, legal aid organization, or the state attorney's office. This practical training period typically lasts for two years, and you will have the opportunity to work on actual cases, interact with clients, and apply legal procedures in a real-world context.
To enhance your practical experience, consider taking on vacation work offered by law firms during the holidays. This is often available to third and fourth-year law students and can provide valuable insights into the legal profession. Additionally, moot court competitions can offer a practical learning experience, allowing you to apply your legal knowledge and skills in a simulated court setting. These competitions help bridge the gap between theoretical knowledge and practical application, giving you a taste of what it's like to present and argue a case in front of a judge.
Another important aspect of gaining practical experience is completing a designated period of community service. This involves working at a law clinic or organization, serving the community, and gaining further exposure to legal work. The duration of community service is typically one year, and it is an essential step in the process of becoming a lawyer in South Africa. It allows you to apply your legal skills and knowledge for the benefit of the community while also developing a deeper understanding of the legal system and its impact on society.
Before you can practice law independently, you will also need to pass an admissions exam or licensing exam. This exam assesses your knowledge of legal practice, procedure, and various other legal areas. To sit for this exam, you must have completed either six months of real-world experience or a practical legal training course. This practical experience component ensures that aspiring lawyers have a solid foundation of applied legal knowledge before entering the profession.
The path to becoming a lawyer in South Africa is rigorous, and gaining practical experience is a vital part of that journey. By completing articles of clerkship, taking on vacation work, participating in moot court competitions, fulfilling community service requirements, and eventually sitting for the admissions exam, you will develop the skills and knowledge necessary to become a well-rounded and competent legal professional.
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Pass an admissions exam
To become a lawyer in South Africa, you must pass an admissions exam. This is a crucial step in the process of becoming a lawyer, and it is important to be well-prepared. Here are the key things you need to know about passing the admissions exam:
Understanding the Admissions Exam
The admissions exam, also known as the attorneys' admission exam or board exam, is a critical milestone on the path to becoming a lawyer in South Africa. It is designed to test your knowledge and competency in key areas of legal practice. The exam covers various topics, including legal practice and procedure, wills and estates, legal bookkeeping, attorneys' practice, contracts, and rules of conduct.
Eligibility to Take the Exam
To be eligible to take the admissions exam, you must first complete a Bachelor of Laws (LLB) degree from an accredited law school in South Africa. The LLB program typically takes four years to complete and provides you with a solid understanding of different areas of law, including constitutional law, criminal law, and contract law.
Additionally, you need to have some real-world experience before taking the exam. This can be gained through practical vocational training, such as articles of clerkship or practical legal training (PLT), where you will work under the supervision of a registered attorney and gain hands-on experience in different areas of law. The requirement is to have six months of either real-world experience or attendance at a PLT course before taking the admissions exam.
Exam Format and Preparation
The admissions exam consists of four papers that you need to complete. It is important to familiarize yourself with the exam format and the topics covered in each paper. You can prepare for the exam by enrolling in a dedicated exam preparation course, such as the Attorneys' Admission Exam Course offered by the Gawie le Roux Institute of Law. These courses provide study materials, recordings, and notes to help you prepare for the exam comprehensively.
Passing the Exam
Passing the admissions exam is a prerequisite to becoming a lawyer in South Africa. It demonstrates your competency and understanding of legal practice and your commitment to upholding justice and integrity in the legal field. Make sure you allow yourself enough time to prepare thoroughly for the exam, as it is a crucial step towards your career as a lawyer.
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Admitted by the High Court of South Africa
To become a lawyer in South Africa, you must obtain a Bachelor of Laws (LLB) degree. This is a prerequisite for becoming a legal practitioner in South Africa and provides an essential understanding of various legal areas, including constitutional law, criminal law, and contract law. The LLB programme also equips you with critical skills in researching, analysing, and arguing legal cases, along with enhancing your public speaking, writing, and critical thinking abilities.
After obtaining your LLB degree, the next step towards becoming a lawyer in South Africa is to apply for admission to the High Court as an attorney. This process involves several key steps and requirements:
Articles of Clerkship
To be admitted by the High Court of South Africa, you must complete two years of articles, also known as Articles of Clerkship. During this period, you will work as a candidate attorney under the supervision of a registered attorney at a registered law firm in South Africa. This practical experience is mandatory and provides you with hands-on training in the legal field. It is recommended that you start applying to law firms for these positions while you are still pursuing your LLB degree to ensure a smooth transition into the next phase of your legal career.
Board Exams
Passing the board exams is a crucial step in the process of being admitted as an attorney by the High Court. These exams consist of four papers, and you may start preparing for them while you are a candidate attorney. Enrolling in an exam preparation course, such as the Attorneys' admission exam course, can provide you with comprehensive study materials and guidance to increase your chances of success.
Community Service
As part of the requirements to become a lawyer in South Africa, you must complete one year of community service. This is typically done at a designated law clinic or organisation, where you will gain practical experience while serving the community. The community service component not only contributes to your legal training but also ensures that you give back to society.
Application Fee
When applying for admission to the High Court of South Africa, you will need to pay an application fee. This fee is approximately R2,500 and is a necessary expense in the process of becoming a lawyer in South Africa.
CPD Hours
Attorneys who have been admitted to the High Court must complete a certain number of Continuing Professional Development (CPD) hours annually to maintain their practice status. This requirement ensures that lawyers stay up to date with the latest legal developments and enhances their professional growth.
In summary, becoming admitted by the High Court of South Africa involves a rigorous process that includes obtaining your LLB degree, completing articles, passing board exams, fulfilling community service requirements, paying the application fee, and maintaining CPD hours. This process is designed to ensure that lawyers in South Africa are well-equipped with the knowledge and skills necessary to provide effective legal services to their clients and contribute positively to the legal profession.
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Frequently asked questions
A Bachelor of Laws (LLB) degree is necessary to become a constitutional lawyer in South Africa. This four-year degree provides a comprehensive understanding of various legal areas, including constitutional law.
To enrol in an LLB programme, you must meet the admission requirements of the specific university in South Africa. Generally, you need to pass matric with certain subjects, such as English, and achieve the required scores.
After obtaining your LLB degree, you will need to gain practical experience by completing articles of clerkship or practical legal training (PLT). This involves working as a candidate attorney for two years at a registered law firm, where you will handle real-world legal scenarios.
The final steps include passing the board examinations and being admitted as an attorney by the High Court of South Africa. Additionally, you may need to complete community service requirements and pass an admissions or licensing exam before legally practising law independently.
