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LJU4802.Sem1 2025.ass 01 - FINAL

This document outlines Assignment 01 for the Professional Ethics course (LJU4802) due on 17 March 2025. Students are required to read a specific legal case and answer a series of questions, providing citations and a bibliography as per the guidelines. The assignment must be submitted electronically via myUnisa and adhere to strict formatting and submission rules, including the use of Turn-It-In.

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146 views3 pages

LJU4802.Sem1 2025.ass 01 - FINAL

This document outlines Assignment 01 for the Professional Ethics course (LJU4802) due on 17 March 2025. Students are required to read a specific legal case and answer a series of questions, providing citations and a bibliography as per the guidelines. The assignment must be submitted electronically via myUnisa and adhere to strict formatting and submission rules, including the use of Turn-It-In.

Uploaded by

ckhokeletso
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LJU4802//1/2025

ASSIGNMENT 01

Professional Ethics (LJU4802)

Semester 1/2025

Department of Jurisprudence
ASSIGNMENT 01
DUE DATE AND TIME: 17 MARCH 2025 AT 13:00

Written assignment

You must submit your assignment electronically via myUnisa on or before 17 March at
13:00. Note that the assignment may not be submitted by fax or e-mail.

Read Legal Practice Council v Peter Joseph Sivalingham Naicker; First Rand Bank
Limited CASE NO. 2788/2019P and answer the questions here below.

Where to find the case: The case is posted together with the assignment questions. It
can also be accessed under “Additional Resources” on the myUnisa LJU4802 module
site.

NOTE: You will find the answers to the questions in the case AND in Tutorial Letter 501.
You should therefore ONLY use the case and Tutorial Letter 501 to complete Assignment
01.

INSTRUCTIONS

• You must provide references in the form of footnotes. For example, you must provide a
citation with the paragraph or page in the case, or the page in Tutorial Letter 501 where
you found the answer. You must also provide a bibliography at the end of your
assignment. You must follow the prescribed modes of citation in Tutorial Letter 302
that is available under “Official Study Material” on the myUnisa LJU4802 module
site. Two marks will be awarded for the footnotes and the bibliography.

• You must clearly indicate your name and student number on your assignment.

• You must number your answers clearly. Questions are set and marked in numerical order,
and you are expected to answer the questions in the order that they are asked.

* You must submit the completed assignment through Turn-It-In.

Please note:

* You must accept the End-User License Agreement (EULA). If you do not accept the
EULA, you will forfeit your mark.

* You must submit your assignment in typed format. Since the Turn-It-In system cannot
process handwritten assignments, they will not be marked.

* Because of the use of Turn-It-In, NO LATE SUBMISSIONS CAN BE ACCEPTED.

2
LJU4802/1/2025

QUESTIONS:

Question 1

Cite the legislation that currently regulates the attorney’s profession in South Africa. (1)

Question 2

Cite the legislation that was applied in this case and explain why it was applicable. (3)

Question 3

3.1 Name the applicant in this case. (1)

3.2 What order is the applicant seeking in this case? (1)

Question 4

Provide reasons why an attorney must have a Fidelity Fund certificate and practise with a trust
banking account. (3)

Question 5

Briefly explain why the court in this case was of the view that Mr Naicker clearly
misappropriated trust funds. (2)

Question 6

With specific refence to case law by the Supreme Court of Appeal, describe the nature of the
attorney’s profession, and what is ethically demanded from its members. (5)

Question 7

Explain the three-stage enquiry which the court applied to determine the appropriate sanction
in this case. (6)

Question 8

8.1 What was the sanction that the court imposed in this case? (2)

8.2 Explain the court’s reasoning in reaching the above decision. (4)

Total: 28 + 2 = [30]

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