HISTORY OF THE NFA, ITS ACCREDITATION BY THE LEGAL PRACTICE COUNCIL AND PUPILLAGE AT THE NFA

EARLY HISTORY

During 1997 a group of practising advocates specialising in criminal law (some exclusively and some inclusively of other branches of law), recognised the need for specialisation in the South African legal profession. The driving force behind this concept was Advocate As Burger, a prominent criminal law practitioner and member of the Society of Advocates of South Africa in Johannesburg.

This vision coincided with the vision held by the Minister of Justice at the time, Mr Dullah Omar, and was included as a fundamental principle in the policy document of the government titled “Vision 2000”.

The decision was made to approach stakeholders, leading office bearers and leading organisations in the South African legal profession to canvass support for the establishment of a specialist Criminal Law Bar Association before a final decision would be made about the founding of such Association. Discussions were accordingly held inter alia with the Minister of Justice, the honourable Chief Justice, and Judges President of Provincial Divisions of the High Court as well as the Legal Aid Board. These discussions revealed overwhelming support for the proposed founding of a specialist Criminal Law Bar Association.  The General Council of the Bar (“GCB”) received notice of the impending formation of the Criminal Law Bar Association.

The South African Criminal Law Bar Association (“SACLBA”) was founded on 1 May 1997 in Johannesburg.  It was possible for any admitted advocate who had successfully completed his/her pupillage at a constituent Bar Association of the GCB to immediately become a member of the SACLBA. The other method of acquiring membership of the SACLBA was that admitted advocates in private practice for at least two years, and in some cases, three years, could on application be awarded membership of the SACLBA.

However, due to a number of changes in the status quo, such as the moving of Minister Omar to a different Cabinet post and later his passing, and the resultant change in the government’s vision about specialisation in the South African legal system and in the legal profession, the concept of specialised courts never materialised.

THE ESTABLISHMENT OF THE NFA

As a result of the fact that the notion of a specialised court system in South Africa did not come to fruition it was decided to change the name of the SACLBA to “National Forum of Advocates”, abbreviated “NFA”. The new name made it clear that all the members of this Association did not necessarily specialise in criminal law exclusively, but that its membership included advocates who were involved in all or any of the branches of the South African law and constituted an all inclusive association of practising advocates.

The NFA later changed its constitution to provide for pupillage training at the NFA as a third method to acquire membership in addition to the above grounds on which membership of the NFA could be obtained. Thus the NFA Bar Council recognised and caused to be implemented a practical vocational training system as a means to acquire NFA membership. This system of practical vocational training for admitted advocates was implemented prior to 1 November 2018, the date on which the Legal Practice Council was constituted. Many members of the NFA have since qualified for membership of the NFA after successfullycompletingthe NFA’s pupillage.

ACCREDITATION BY THE LEGAL PRACTICE COUNCIL FOR PUPILLAGE STRUCTURED COURSEWORK

The Legal Practice Council (“LPC”) initially accredited the NFA from 2019 until 2020 as an appropriate organisation to present pupillage coursework lectures and to conduct the assessment of persons undergoing pupillage as a means to becoming practising advocates in terms of the Legal Practice Act.

In 2021 the LPC decided that the examination and assessment of persons undergoing pupillage would forthwith be done by the LPC itself.

The structured coursework lectures in terms of the NFA pupillage program were presented from 2019 until 2020 on Saturdays between 09:00 and 18:00 to enable admitted advocates who aspired to become members of the NFA and graduates who aspired to become practising advocates in terms of the Legal Practice Act to earn an income while undergoing pupillage. This situation was to be re-considered by the NFA once the payment of the legally prescribed reasonable stipends envisaged in section 27(2) of the Legal Practice Act to pupils during the course of their pupillage would commence.

The remainder of the practical vocational training during the period from 2019 to 2020 took place during business hours on weekdays according to the specific needs of each pupil in consultation with the pupillage supervisor of the particular pupil.

On 1 February 2021 the NFA received re-accreditation as an organisation to present pupillage structuredcoursework lectures as provided for in the Legal Practice Act in accordance with the subject matter prescribed by the LPC.

Several members of the NFA have been appointed as examiners and moderators of the written papers (and as oral examiners) during the September 2021 admissionexamination. This wasthe first examination that was held by the LPC itself.

THE WRITTEN SYLLABUS, STIPENDS TO PUPILS AND COURSEWORK CONTRIBUTIONS BY PUPILS

The written syllabus which was set from 2021 by the LPC required that certain parts of substantive law must be included as part of the coursework lectures. Therefore, the duration and dates of the coursework lectures presented by the NFA were extended substantially from 2021 to include lectures during weekdays.  The remainder of the legally prescribed practical vocational training is done by the supervisors of the respective pupils during the hours as prescribed by the supervisors with whom the particular pupils have entered into a written practical vocational training agreementand which have been registered by the LPC.

The LPC commenced with the payment of stipends to a limited number of pupils who had already entered into written practical vocational training agreements with qualifying supervisors on 2 February 2021.

On 5 May 2021 the LPC made stipends available to 52 pupils in addition to the 24 pupils who had already been receiving stipends. The additional 52 pupils could only qualify for the payment of stipends to them if they were between  18 years and 35 years old at that time. No additional stipends have been offered to pupils since then.

On 7 June 2021 the LPC decided that pupils were under no circumstances allowed to render any service to any employer during the 12-month period of their pupillage. Any prospectiveadvocate who does not receive a stipend from the LPC is therefore obliged to ensure that he/she is able to fully sustain him/herself from his/her own sources for the duration of his/her pupillage, and if employed, to either resign or reach a mutually acceptable arrangement with his/her employer about the pupil’s absence from his/her employment for the duration of his/her pupillage.

The NFA does not receive any funding from the LPC and pupils are therefore required to pay a contribution towards the cost of the coursework lectures which form part of their practical vocational training. The amount thereof is determined by the Bar Council of the NFA. For the 2021 intake the amount that the Bar Council determined was R 4 500-00 per pupil.  As a result of the substantial prescribed additional substantive law material included after mid 2021, the structured coursework lectures have increased accordingly and the pupils’ contribution to the cost thereof had to be increased to R 9 000-00 per pupil for 2022.