Q

QuestionLaw

Kagiso Rabada is a final-year law student, who has met all the academic requirements to embark on his Practical Vocational Training (“PVT”). He has already signed with a small law firm in Ballito, Kwa-Zulu Natal, and only needs to register his PVT contract with the Legal Practice Council (“LPC”). Kagiso, is also a famous DJ in Ballito, and has been known to partake in “Fisstech”, an opioid prohibited under the Drugs and Drug Trafficking Act 140 of 1992. During his application to the LPC, Kagiso discloses that he has two previous convictions for possession of Fisstech. The LPC rejected his application and deemed that Kagiso is "not a fit and proper person" to practice as a Candidate Legal Practitioner. The LPC argues that allowing him to practise law while openly defying drug laws would bring the profession into disrepute. Kagiso believes the LPC’s decision unfairly limits his constitutional right to freedom of profession (section 22). He seeks legal advice on whether he can challenge the refusal in court. With reference to relevant constitutional provisions and case law, advise Kagiso whether his right to freedom of profession (section 22 of the Constitution) may be limited by the Legal Practice Council (“LPC”). In your answer, you may consider how courts have approached the “fit and proper” requirement for admission to the legal profession where an applicant has previous convictions relating to the possession or use of prohibited substances.