CCT76/03

[2004] ZACC 8

2005 (2) SA 117 (CC)

2005 (2) BCLR 129 (CC)

O'Regan J

6 May 2004

5 October 2004

http://hdl.handle.net/20.500.12144/2179

Applicant approached High Court for a declaration that s 20 of the Attorneys Act 53 of 1979 is unconstitutional. High Court dismissed the applicant's constitutional challenge in Law Society of the Northern Province v HETH Mabaso Case No 6114/02, unreported, 19 March 2003. In this judgment application for leave to appeal against judgment and order of the Supreme Court of Appeal (SCA) which refused application for condonation because applicant failed to comply with the rules of the SCA.

Application for leave to appeal against decision of the Supreme Court of Appeal refusing condonation. Constitutional challenge to s 20 of the Attorneys Act 53 of 1979, which provides a short-cut route to enrolment for attorneys admitted "under this Act", thereby excluding attorneys admitted in the "homelands". O'Regan J for a unanimous Court. Application for leave to appeal granted in part. Such applications now governed by Rule 19, and should be brought against the High Court decision, not the SCA decision refusing condonation. Section 20 of the Attorneys Act infringes equality right in s 9. Words read in to remedy defect.