What follows is an example of the necessary pleadings for admission as an advocate in South Africa.
Please note that the requirements may differ somewhat in different divisions of the South African High Court, and if you were to use this as a precedent you should first check the local rules. Obviously this document is highly unlikely to be sufficient in countries other than South Africa, but could serve as a guideline.
IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
in the ex parte application of:
Mr X
Applicant
(Admission as an Advocate)
_________________________________________________________________________________________________________________
NOTICE OF MOTION
_________________________________________________________________________________________________________________
KINDLY TAKE NOTICE that application will be made at _______ on the _______ day of __________ 2004, or as soon thereafter as Counsel may be heard, for an order in the following terms:
- That the applicant be admitted to practice and enrolled as an Advocate of the High Court of South Africa;
- Further and/or alternative relief.
KINDLY TAKE NOTICE FURTHER that the affidavit of the Applicant Mr X annexed hereto, together with its annexures, will be used in support of such application.
KINDLY place the matter on the roll for hearing accordingly.
DATED at __________ on this ____ day of ___________ 2004.
IN THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
CASE NO:__________
In the ex parte application of:
Mr X
Applicant
(Admission as an Advocate)
_________________________________________________________________________________________________________________
FOUNDING AFFIDAVIT
_________________________________________________________________________________________________________________
I, the undersigned
Mr X
do hereby make oath and state:
- I am the applicant in this matter. The facts deposed to herein are within my personal knowledge, unless the contrary is stated or appears from the context hereof, and are true and correct.
- I am a major male citizen of the Republic of South Africa residing at 12, Homeboy Avenue, Dodgy North, born in Johannesburg on 12 November 1975.
- My Identity Number is 675687943548 as appears from my Identity Document, a copy of which is annexed hereto marked ANNEXURE “A”.
- The Honourable Court is referred to the affidavit of my attorney, Italian Spaghetti, confirming that I am the person that appears in my identity document, annexed hereto marked ANNEXURE “B”.
- I respectfully submit that the above Honourable Court has jurisdiction to hear this matter as I am currently domiciled within its area of jurisdiction.
- I matriculated in Johannesburg with university exemption from School of Rock High School, Johannesburg, in 1987. I attach hereto a schedule of my Matriculation marks marked ANNEXURE “C”.
- In 2003 I satisfied the requirement for the degree of Baccalaureus Legum at the University of Smoking Weed and Drinking, Johannesburg. I humbly refer the Court to a copy of the schedule stating which subjects I have passed marked ANNEXURE “D”, and the confirmatory letter annexed hereto marked ANNEXURE “E” of the Head of the School of Law, University of Smoking Weed and Drinking, Professor G. Lawskooliskool, which confirms that I have fulfilled the requirements of the Baccalaureus Legum degree.
- In satisfying the requirements for the degree referred to in paragraph 7 above, I completed a period of study of not less than four (4) years for that degree.
- I have never been admitted as an attorney or advocate in the Republic of South Africa or elsewhere, nor applied to be so admitted. I accordingly have never been struck off the roll of advocates or any roll of attorneys or suspended from practice, nor are there proceedings pending or contemplated in this regard.
- I am not insolvent and there are no steps pending to declare me insolvent. My estate has never been sequestrated, either provisionally or finally, and there are no steps pending against my estate.
- I have never been convicted of any criminal offence, and there are no criminal charges pending against me.
- No civil proceedings have ever been instituted against me, and no civil proceedings are pending against me.
- I have never been found guilty of misconduct and no misconduct proceedings of any kind have ever been instituted against me. No such proceedings are presently pending against me.
- There are no facts or circumstances that will detrimentally affect the adjudication of this application.
- I respectfully submit that I am a fit and proper person to be admitted and enrolled as an Advocate of the High Court of South Africa. I refer the Honourable Court to the testimonial of Professor G. Lawskooliskool, the Head of the School of Law of the University of the Witwatersrand, annexed hereto marked ANNEXURE “E”. In addition I respectfully refer the Honourable Court to the letter of reference written by A. Greasybugger annexed hereto marked ANNEXURE “F”.
- In the premises I respectfully submit that I have satisfied the requirements for admission as an advocate of this Honourable Court in terms of the Admission of Advocates Act 74 of 1964, as amended and also in terms of the Rules of this Honourable Court.
- I shall cause a copy of these papers to be delivered to the Society of Advocates of Johannesburg and Pretoria, and the Registrar of this Court at least six (6) weeks prior to the hearing of this application by the above Honourable Court.
- I shall ensure that the original certificates referred to in this affidavit are available for inspection at the hearing of this application, should they be required.
WHEREFORE I humbly pray that it may please this Honourable Court to grant an Order in terms of the order prayed, as set out in the notice of motion attached hereto.
____________________________
DEPONENT
SIGNED AND SWORN to, before me, at ___________________ on this the _____ day of _________ 2004, by the deponent who has acknowledged that he understands the contents of this affidavit, has declared that he has no objection to taking the oath, that he regards the oath as binding on his conscience and he uttered the following words” “I swear that the contents of this affidavit are true, so help me God.”
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COMISSIONER OF OATHS