115-482: Thulisile Nomkhosi " Thuli " Madonsela (born 28 September 1962) is a South African advocate and professor of law, holding a chair in social justice at Stellenbosch University since January 2018. She served as the Public Protector of South Africa from 19 October 2009 to 14 October 2016. In 1996, she helped draft the final constitution of South Africa promulgated by then- President Nelson Mandela . Madonsela
230-417: A lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili ". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. In England and Wales , Advocates and proctors practiced civil law in
345-443: A "sexist" remark, subsequently retracted "a personal address to comrade Madonsela". ANC chief whip Stone Sizani said "we strongly believe that she has overstepped the mark" by making some "disparaging remarks" with "political overtones". A group of lawyers from KwaZulu-Natal started a public campaign to discredit her report, and she was accused of having a political agenda by cabinet minister Fikile Mbalula . On 4 July 2014, ANC MPs in
460-560: A Bar Council also means that the law degree holder is recognised as an Advocate and is required to maintain a standard of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed by the Advocates in the courts, while interacting with clients and even otherwise. All Advocates in India are at the same level and are recognised as such. Any distinction, if any,
575-634: A Doctor of Laws degree, LL.D. (Honoris causa) from the University of Stellenbosch , followed by another Doctor of Laws degree, LL.D. ( honoris causa ) from the University of Cape Town in June 2015. She also has honorary doctorates from Rhodes University and the University of Fort Hare . Madonsela was, until 2007, an ordinary member of the Pretoria branch of the African National Congress (ANC). During
690-623: A French avocat . They must then study for the Guernsey Bar. Three months of study of Norman law at the Université de Caen (University of Caen) is required; this is no longer required for entry into the legal profession in Jersey. Guernsey Advocates dress in the same way as barristers, but substitute a black biretta -like toque for a wig, while those in Jersey go bare-headed. Advocates are entitled to prefix their names with 'Advocate'; e.g. Mr. Tostevin
805-602: A candidate to represent the ANC in the National Assembly or one of the provincial legislatures in the 2014 general election . Her spokesperson said she was unaware of the nomination and would not have accepted it. Madonsela worked for trade unions and in both the public and private sectors from the 1980s. She was a member of the team who drafted the final constitution of South Africa promulgated by then President Nelson Mandela in 1996. After Mandela's death, Madonsela said in
920-548: A controversial firepool ) received significant media coverage and political opposition. A report of the Public Protector found that Zuma unduly benefited from these improvements and the Constitutional Court subsequently found that Zuma's non-compliance with the report constituted a violation of the country's Constitution . Zuma ultimately apologised for using public money to improve his private residence and in April 2016 he
1035-775: A democracy actually is if we determinedly defend its principles. In this, you are an example to all us democrats." In 2023, Madonsela was appointed by United Nations Secretary General António Guterres to the United Nations' Scientific Advisory Board. Madonsela raised her two children, a boy Musawabantu Fidel and a girl, Wenzile Una as a single parent. Her husband died when the children were very young. In 1980, Madonsela began her career as an assistant teacher at her former school, Evelyn Baring High School, in Swaziland. In 1982 she became an assistant teacher at Naledi High School in Soweto, one of
1150-458: A different department. The leaked documentation also hints at vastly inflated prices for the work done, much of it not going out to tender, and huge consulting fees. The initial story was uncovered by the Mail & Guardian journalists Mandy Rossouw and Chris Roper. During that period, it was reported that the expansion to the compound would cost R65 million, paid for by the taxpayer. Expansion to
1265-560: A firepool, a chicken-run, and fencing around the entire complex. According to the ministerial handbook, the department can spend R100,000 on security improvements at the private houses of public officials. Any costs above that must be covered by the official. Over R200,000,000 has appeared to be allocated by the department. The controversial firepool that was built is described as being part of "questionable security renovations". In January 2024, at an address in Barberton, Mpumalanga , ahead of
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#17328768550311380-574: A further R31 million in works outstanding, and that, contrary to the government's claims, many of the state-funded improvements had exceeded Zuma's security needs as president. These included a swimming pool ( officially a firepool ), cattle kraal , marquee area, and new houses for relatives. It recommended that Zuma should repay the state, and added that Zuma had violated the government's code of ethics on two counts: failing to protect state resources, and misleading Parliament by telling it in November 2012 that
1495-480: A gown in the same way as barristers do elsewhere. To become an advocate, it is normally necessary to hold either a qualifying law degree with no less than lower second class (2:2) honors, or else a degree in another subject with no less than lower second class (2:2) honors complemented by the Common Professional Examination . It is then necessary to obtain a legal professional qualification such as
1610-407: A grand scale and as an honest, loyal, taxpaying South African I need to understand how this is allowed to happen. Strangely civil society is quiet. This is wrong and highlights the complete disregard which this Government has for the citizens of this country. Where is this money coming from and how has it been approved?" The report said that the cost of the upgrades had escalated to R215 million, with
1725-577: A law office dealing with Jersey law, enrol on the Jersey Law Course provided by the Institute of Law, Jersey and pass examinations in six subjects. Alternatively, a person may apply to become a Jersey advocate two years after qualifying as a Jersey solicitor. To become an advocate in Guernsey, one has to possess a valid law degree or diploma, plus a qualification as an English barrister or solicitor , or
1840-523: A legal education (lawyer) can practice law, but only a member of the Advokatura ( Адвокатура ) may practice before a criminal court (other person can be a defence counsel in criminal proceeding along with a member of Advokatura but not in lieu him) and Constitutional Court (leaving aside persons having academic degree of candidate or doctor in juridical sciences who also can represent parties in constitutional proceeding). Specialist degree in law
1955-520: A member of the advocate's chamber of the relevant federal subject of Russia . Advocate's chamber sends relevant information to the territorial subdivision of the Ministry of Justice of the Russian Federation , which includes the new advocate in the register of Advocates of the relevant federal subject of Russia and issues to him an advocate's certificate, which is the only official document confirming
2070-522: A member of the public on 13 December 2011, and subsequent complaints were lodged by legal academic Pierre de Vos , Lindiwe Mazibuko of the opposition Democratic Alliance (DA), and three other members of the public. The investigation was conducted in terms of section 182 of the Constitution and sections 6 and 7 of the Public Protector Act – which outline and regulate the investigatory powers of
2185-444: A period of at least three years, called the stage . During this time, the advocate is referred to as an advocaat-stagiair(e) . In court, advocates must wear a long black robe (a toga ) and a white pleated band (a bef ). The Nordic countries have a united legal profession, which means that they do not draw a distinction between lawyers who plead in court and those who do not. To get an official recognition with an Advocates title,
2300-633: A press conference on 28 August 2014, in which she defended her actions and requested those ANC members interfering with her duties to stop doing so. The same day, civil rights organisation AfriForum laid criminal charges against Mantashe and Duarte for contravening the Public Protector Act by insulting the Public Protector. The general secretary of ANC Tripartite Alliance partner COSATU Zwelinzima Vavi and general secretary of its largest affiliate NUMSA Irvin Jim subsequently defended Madonsela and criticised
2415-492: A solicitor; or else will be members of the bar in another common law jurisdiction. At the end of the devilling period, a devil's admission to the Faculty is dependent on certification by the principal devil master that the devil is a fit and proper person to be an advocate and that the devil has been involved in a wide range of work in the course of devilling. A devil's competence in a number of aspects of written and oral advocacy
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#17328768550312530-417: A term of 1 to 10 years occurs when an Advocate files relevant application to the advocate's chamber. Involuntary suspension is applicable in cases of serious illness, election to an elected position in federal, regional or local authorities, military conscription, declaration of absence made by the court decision. An Advocate can not carry out advocate's activity during suspension, otherwise he may be deprived of
2645-506: A tribute to him: "We will always admire him for gladly submitting his administration to the scrutiny of checks and balances such as the courts and institutions supporting democracy when its actions came into question." Prior to her appointment as Public Protector, Madonsela served as a full-time member of the South African Law Reform Commission , appointed to the position in 2007 by then President Thabo Mbeki . Madonsela
2760-536: A written response sent to Madonsela on 11 September 2014, Zuma disagreed with her understanding of her authority in the matter. Opposition parties Economic Freedom Fighters and Democratic Alliance approached the Constitutional Court to enforce Madonsela's findings after they were ignored by Zuma and dismissed in Parliament. On 31 March 2016, the Constitutional Court delivered a unanimous judgement stating that
2875-608: A year as a 'devil', or apprentice advocate. There are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as 'devils'. Until 2007, a number of young European lawyers were given a placement with Advocates under the European Young Lawyers Scheme organized by the British Council . They are known as 'Eurodevils', in distinction to the Scottish 'devils'. This scheme
2990-478: Is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law –based jurisdictions could be a barrister or a solicitor . However, in Scottish , Manx , South African , Italian , French , Spanish , Portuguese , Scandinavian , Polish , Israeli , South Asian and South American jurisdictions, "advocate" indicates
3105-466: Is assessed during devilling, and a devil will not be admitted to the Faculty if assessed as not competent. Further details of this process can be found in the assessment section. In recent years, increasing numbers of Advocates have come to the Scottish Bar after some time as solicitors, but it is possible to qualify with a law degree, after twenty-one months traineeship in a solicitor's office and almost
3220-622: Is called to the Guernsey Bar and is henceforth known as Advocate Tostevin. The head of the profession of advocate in each bailiwick is called the Bâtonnier . In the Netherlands, the professional conduct and the professional education of the advocates is regulated by the Dutch bar association (Nederlandse orde van advocaten) pursuant to the Advocates Act ( Advocatenwet ). Dutch advocates are admitted to
3335-481: Is going to do to fix his branch of government." On 6 September 2014, deputy Minister of Defence and Military Veterans Kebby Maphatsoe publicly accused Madonsela of "acting like a counter-revolutionary" and working for the CIA . Madonsela said she would charge Maphatsoe with contempt if he does not retract his accusations. The ANC distanced itself from Maphatsoe's statements and he publicly withdrew them on 9 September 2014. In
3450-402: Is listed in. Advocates carry out their professional activity individually (advocate's cabinet) or as the member of advocate's juridical person (collegium of Advocates, advocate's bureau). Advocate can open own cabinet after at least 3 years legal practice in collegium or bureau. An advocate, who has opened own cabinet, can not be the member of any advocate's juridical person, and an advocate, who
3565-661: Is made only on the basis of seniority, which implies the length of practice at the Bar. As a recognition of law practice and specialisation in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognised by the Judges of the High Court (in case of an Advocate practicing before that High Court) or by the Supreme Court (in case of the Advocate practicing before
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3680-444: Is oral. The written exam takes place in the form of computer testing and includes issues of the professional conduct of advocate and advocate's professional responsibility. After successfully passing of the written exam the candidates are allowed to take the oral exam. As part of the oral exam, the candidate must demonstrate his knowledge in various bodies of law and solve some mimic a real-life legal tasks. The candidate who does not pass
3795-778: Is regulated by the Isle of Man Law Society , which also maintains a library for its members in Douglas . While Advocates in the Isle of Man have not traditionally prefixed their names with 'Advocate' in the Channel Islands manner, some Advocates have now started to adopt this practice. Jersey and the Bailiwick of Guernsey are two separate legal jurisdictions, have largely two different sets of laws and have two separate, but similar, legal professions. In both jurisdictions, Advocates—properly called Advocates of
3910-551: Is situated about 24 km (15 mi) south of the rural town of Nkandla in KwaZulu-Natal and is commonly referred to as the Nkandla homestead . During Zuma's presidency , the homestead was the subject of a major public controversy, sometimes referred to as Nkandlagate , concerning what were ostensibly security upgrades to Zuma's compound, at a cost of over R246 million. The use of public funds to make these improvements (including
4025-486: Is the member of one advocate's juridical person, can not be the member of any other advocate's juridical person. Advocate is obliged to report to advocate's chamber any changes in his membership in a collegium or a bureau and, equally, opening and closing a cabinet. An advocate can not be an individual entrepreneur, government official , municipal official , notary , judge , elected official . An advocate can not work under an employment ( labour ) contract , with
4140-513: Is the most commonly awarded academic degree in Russian jurisprudence but after Russia's accession to the Bologna process only bachelor of laws and master of laws academic degrees are available in Russian institutions of higher education. An "advocate" is a lawyer who has demonstrated qualification and belongs to an organizational structure of Advocates specified by law, known as being " called to
4255-540: Is to become Russian advocate on the same basis as Russian citizens (i.e. through higher legal education in one of Russian universities, two years of experience in legal work in Russia after graduation or a training program in Russian law firm after graduation, successful passing the qualification exam). Since Russia's WTO Accession the second possibility is available: foreign advocate can just pass special qualification exam to become Russian advocate. In Bangladesh, after passing
4370-551: The 2009 general election , Zuma was elected President of South Africa , and – in terms of a Cabinet policy instituted under Zuma's predecessor – a process immediately began to assess and improve security measures at the President's private residences. As part of this process, the South African Department of Public Works & Infrastructure (DPWI) built a helipad, underground bunkers, security and their accommodation,
4485-522: The ANC's birthday celebrations ANC Secretary General Fikile Mbalula admitted that ANC MPs lied "in defence of our president [Zuma], we went to Parliament and opened an ad hoc committee and said a swimming pool is a fire pool.” Statements by spokesmen have mentioned an apartheid-era law, the National Key Points Act , as explanation for the spending discrepancy, but that spending should come from
4600-537: The Bangladesh Bar Council Exam, Advocates are eligible to practice in the Supreme Court of Bangladesh and other courts. A license is obtained after successful completion of two year's practice in the lower courts by applicant, which is reviewed by a body of the relevant provincial Bar Council. Most applications after successful completion of the requirement, are accepted. In India , the law relating to
4715-595: The Bar Professional Training Course or the Legal Practice Course . It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate. Trainee Advocates (as articled clerks are now more usually known) normally undertake a period of two years’ training articled to a senior advocate; in the case of English barristers or solicitors who have been practicing or admitted for three years this training,
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4830-623: The Faculty of Advocates in Edinburgh . The Faculty of Advocates has about 750 members, of whom about 460 are in private practice. About 75 are King's Counsel . The Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer , and Clerk are elected annually by secret ballot . The Faculty has a service company, Faculty Services Ltd, to which almost all Advocates belong, which organized
4945-696: The Higher Secondary School Certificate , one can apply for admission for studying law in Universities. There are several public and private universities which provide Bachelor of Laws and Master of Laws degree in Bangladesh. Generally, the LL.B. course is equivalent to a four-year bachelor's degree. Graduate lawyers have to seat for and pass the Bar Council Exam to become Advocates. By passing
5060-450: The KwaZulu-Natal town of Nkandla . Her final report on security upgrades to Zuma's homestead titled Secure in Comfort was published on 19 March 2014. Madonsela found that Zuma had benefited unduly from the R 246 million the state had spent on the upgrades. Her report has been met with much criticism and opposition from representatives of the ANC ruling party. Shortly before her final report
5175-708: The Scandinavian languages the title is advokat ; in Finland advokat is the Swedish title for such a qualified lawyer, with the equivalent title in Finnish being asianajaja . However, one does not necessarily have to be an advocate to represent a party in the Nordic countries legally. In Norway, a person with an appropriate law degree, for example, can practice law as a registered legal advisor ( rettshjelper ) instead, which gives many of
5290-677: The South Gauteng High Court to stop distribution of the text message on the grounds that it violated the Electoral Act. On 4 April 2014, the court ruled that the wording of the message was fair comment and dismissed the ANC's application with costs. The ANC was granted leave to appeal the decision. On 6 May 2014, the Electoral Court ruled that the DA must retract the text message, finding that it wrongly targeted Zuma personally instead of
5405-493: The Venda chief's paternal aunt known as the makhadzi , a non-political figure who "gives the people a voice while giving the traditional leader a conscience". In 2012, she investigated "kickbacks" received by Julius Malema in the context of traffic department contracts given to external contractor On-Point Engineering . As Public Protector, Madonsela investigated complaints regarding public spending on Zuma's private homestead in
5520-586: The apartheid era Madonsela served in the ANC and in the United Democratic Front anti-apartheid organisation. She believes that holding political office would not be her "best contribution as a human being". In 1994 she declined the position of ANC MP in South Africa's first post-apartheid Parliament . In January 2014 it was reported that several ANC branches in Gauteng had unsuccessfully nominated her as
5635-626: The stables (sets of Advocates or barristers' chambers ) and fee collection. This gives a guarantee to all newly called Advocates of a place. Until the end of 2007, there was an agreement with the Law Society of Scotland , which is the professional body for Scottish solicitors, as to the payment of fees, but this has now been replaced by the Law Society. It remains the case that Advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with
5750-416: The ANC's response. Madonsela later elaborated to the media that her letter to Zuma complements the parallel parliamentary process, "because finally they would have the president's comments on my report. But now they only have the president's own initiative, which is a general statement on his observations on what happened there, but he's not saying whether he agrees or disagrees with me. He is not saying what he
5865-709: The Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of England , in a similar way to barristers, attorneys and solicitors in the common law and equity courts. Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the University of Oxford , Cambridge , or Dublin and Fellows of the Society of Doctors' Commons . Advocates lost their exclusive rights of audience in probate and divorce cases when
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#17328768550315980-607: The Advocate from appearing before any court in India, even though it is beyond the territorial jurisdiction of the State Bar Council which he is enrolled in. The advantage of having the State Bar Councils is that the workload of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However, for all practical and legal purposes,
6095-429: The Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen , the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India . Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by
6210-406: The Bar Council of India also ensures the standard of education required for practicing in India is met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practice before courts of India. Enrollment with
6325-409: The Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any Advocate individually, as so provided under the Advocates Act, 1961. The process of being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognised institution in India (or from one of
6440-417: The Constitutional Court to enforce the Public Protector's findings. On 31 March 2016, the Constitutional Court delivered a unanimous ruling stating that the Public Protector's report was binding and Zuma and the National Assembly failed to uphold the country's constitution. The court ordered the National Treasury to determine the amount that Zuma must pay back and ordered Zuma to do so within 45 days of
6555-417: The Constitutional Court, which approved the recommendation in late July 2016. Complying with the Court's directive that the amount should be paid within 45 days of its approval by the Court, Zuma repaid the full amount in September 2016. However, he financed the repayment using a R7.8 million loan from VBS Mutual Bank , and allegedly defaulted on his repayments of the bond in August 2018. In August 2022,
6670-618: The Constitutional structure, there is a provision for the elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have ten years standing before the High Court(/s) or before the Supreme Court to be eligible for such. (Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively) There are four levels of Advocates exist in Pakistan , 1.Advocate 2.Advocate High Court 3.Advocate Supreme Court 4.Senior Advocate Supreme Court: Nkandla (homestead) The private residence of former South African President Jacob Zuma
6785-415: The Crown took these matters over from the church in 1857, and in Admiralty cases in 1859. The Society of Advocates was never formally wound up, but its building was sold off in 1865 and the last advocate died in 1912. Barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also been allowed to play this role. Advocates are regulated by
6900-412: The Executive Members' Ethics Act states that: "if the Public Protector reports at the end of the 30 day period that the investigation has not been completed, the Public Protector must submit a report when the investigation has been completed". The President then suggested to the Public Protector that she had failed to comply with the 30 day period and to report that the investigation was ongoing and whether
7015-449: The High Court dismissed the challenge in December 2017, finding that Zuma must implement the remedial actions within 30 days, and making a personal costs order against Zuma. In 2018 Madonsela was awarded Germany's highest individual honour, the Order of Merit of the Federal Republic of Germany , by German president Frank-Walter Steinmeier during his state visit to South Africa. Steinmeier stated "Thuli Madonsela, you teach us how resilient
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#17328768550317130-416: The Public Protector – and, insofar as complaints alleged that Zuma had violated the Executive Ethics Code, also in terms of the Executive Members' Ethics Act. On 1 November 2013, Madonsela shared the provisional draft of her report with Cabinet 's security cluster, which included the Ministries of State Security , Police , and Defence , and which was viewed as dominated by Zuma loyalists. On 8 November,
7245-443: The Public Protector's report was binding and Zuma and the National Assembly failed to uphold the country's constitution. The court ordered the National Treasury to determine the amount that Zuma must pay back, and ordered Zuma to do so within 45 days of the court's approval of the National Treasury report. Madonsela's final report, "State of Capture", was released as her 7-year term of office came to an end in October 2016. Her report
7360-426: The Royal Court—are the only lawyers with general rights of audience in their courts. To be eligible to practice as an advocate in Jersey, it is necessary first to have a law degree from a British university or a Graduate Diploma in Law and to have qualified as a recognized legal professional in England and Wales, Scotland or Northern Ireland. Thereafter, a candidate must undertake two years of practical experience in
7475-427: The South African Institution of Civil Engineering, and the Association of Quantity Surveyors. The panel considered the five main upgrade components – the amphitheatre, cattle kraal, chicken run, visitors' centre, and swimming pool – and found that: The R7.81 million figure included R2.3 million for the swimming pool, R1 million for the amphitheatre, and R1.2 million for the cattle kraal. Treasury submitted its report to
7590-401: The Supreme Court). While the conferral of Senior Advocate status not only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to interact directly with the clients. He can only take briefs from other Advocates and argue on the basis of the details given by them. From
7705-673: The advocate ceases to be a member of the advocate's chamber and should be excluded from register of Advocates at the old place of residence (advocate's certificate should be returned to the subdivision of the Ministry of Justice of the Russian Federation , which issued it), and after that he becomes a member of the advocate's chamber and is included in the register of Advocates at the new place of residence (where he receive new advocate's certificate) without any exams. Each advocate can carry out his professional activity throughout Russia, regardless of membership in particular regional advocate's chamber and regardless of particular regional register where he
7820-409: The bar " in Commonwealth countries. An examination is administered by the qualifications commission of regional advocate's chamber for admission to its Advokatura . To sit for the exam, one must have a higher legal education and also two years of experience in legal work after graduation or a training program in a law firm after graduation. The exam is both written and oral , but the main test
7935-403: The bar conditionally, and have full rights of audience with the district courts and court of appeal. In order to obtain unconditional qualification, the advocate has to complete the Dutch bar education ( Beroepsopleiding Advocaten ) and fulfil certain requirements (which may vary among the various judicial regions within the Netherlands) under the supervision of a senior advocate (the patroon ) for
8050-444: The bar examination or undertake further training: they are permitted only to act in relation to the matter for which they have been licensed. Similarly, barristers and solicitors employed as public prosecutors may be licensed to appear as Advocates without having to pass the bar examination or undertake further training: they are permitted only to act as such only for the duration of that employment. The professional conduct of Advocates
8165-412: The buildings and rooms had been "built by ourselves as family and not by government". Madonsela's final report, titled "Secure in Comfort," was released on 19 March 2014, shortly before Zuma's reelection , and mirrored the provisional report in its substantive aspects. In both the provisional and the final report, Madonsela found that Zuma had benefited unduly from the R246 million the state had spent on
8280-404: The candidate must have a legal degree, that is, completed ca. 5–6 years of legal studies from an accredited university in his or own country, and in addition have worked for some time (around 2 – 5 years) under the auspices of a qualified advocate and have some experience from court. When qualified, the candidate may obtain a license as an advocate , the equivalent of being called to the bar. In all
8395-430: The case was part of a series of state attempts to obstruct her investigation. In mid-November, however, the ministers withdrew the application, saying that the delay occasioned by the court process had already given them the extra time they needed to study the report. Nevertheless, they suggested that they might return to court to challenge the report on grounds publicly argued by Police Minister Nathi Mthethwa : that it
8510-585: The client. Their fees are honoraria . Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as a dress in court. The process of becoming an advocate is referred to as devilling . All intrants will be Scottish solicitors, i.e. hold a Bachelor of Laws degree and the Diploma in Legal Practice , and must have completed the traineeships of two years (which in some cases may be reduced to eighteen months) required to qualify as
8625-476: The cluster brought an urgent interdict against Madonsela in the Pretoria High Court , seeking to prevent the release of the provisional report. The ministers requested more time to review and respond to the provisional report, and also claimed that they had not been given a fair hearing during the investigation. The Minister of Public Works and Infrastructure joined their application. Madonsela said that
8740-459: The compound included the installation of a helipad , visitors' center, private military hospital and parking lot. The Mail & Guardian' s investigative unit, amaBhungane , uncovered that the initial phase would include building a double-storey house and a guest house at a projected cost of over R19.4 million. As soon as the story broke out, government denied having a hand in the upgrades. The DPWI spokesperson contradicted initial statements by
8855-421: The compound on 4 November 2012, she intended "to see what a R250-million renovation with public money looks like." She was referring to the security upgrades of R246 million which is multiple times larger than security upgrades to previous presidents' homes. Zuma's spokesperson Mac Maharaj said the opposition party adopted a "cowboy style" approach to getting the answers it wanted, and questioned Zille's use of
8970-411: The court decision, conviction for intentional crime made by the court decision, violations of the federal law regulating advocate's activity or advocate's code of conduct found by advocate's chamber. The latter two cases incur lifetime prohibition on being an Advocate. In other cases, ex-Advocate can go back to being an Advocate on general grounds through a passing the qualification exam, on condition that
9085-546: The court's approval of the National Treasury report. As instructed by the Constitutional Court, the National Treasury instituted an investigation – required to be completed within 60 days of the judgement – to "determine a reasonable percentage of the costs... which ought to be paid personally by the President". The investigation was conducted by a six-member panel comprising representatives of two professional quantity surveying firms, two professional engineering firms,
9200-554: The exception of scientific and teaching activities. An advocate may combine his status with the status of a patent attorney , a trustee in bankruptcy . An advocate may be a shareholder / owner of business juridical persons and a member of voluntary associations and political parties . Russian advocate may have a status of advocate ( attorney , barrister , solicitor ) in foreign jurisdiction , subject to above conditions. Russian law provides for voluntary and involuntary suspension of advocate's status. Voluntary suspension for
9315-452: The federal level. As of 2018, there were 49,4 Advocates per 100,000 people in Russia. In Russia , foreign Advocates can advise on the legislation of their countries; they should register in the special register maintained by the Ministry of Justice of the Russian Federation to obtain the right to carry out this activity. Foreign advocate can in addition become Russian advocate. There are two possible paths for that. The first possibility
9430-494: The four recognised Universities in the United Kingdom ) and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner,
9545-527: The government, "there is no work or extension project taking place at President Jacob Zuma's compound at Nkandla." During the site visit at the compound by the journalists, a contractor working at the site speculated that the costs of the expansion were likely to later increase. By October 2012, the Public Protector , Thuli Madonsela , was preparing to investigate the security upgrades, pursuant to various formal complaints lodged with her office in response to media reports. The first complaint had been lodged by
9660-447: The justice portfolio committee objected to Madonsela's "views that are political in nature" and committee chairperson Mathole Motshekga suggested that the powers of the Public Protector, which are governed by the country's constitution, be reviewed. Zuma made a submission to Parliament on 14 August 2014 regarding Madonsela's report on Nkandla. Madonsela wrote a letter to Zuma dated 21 August 2014, stating that his submission to Parliament
9775-468: The legal profession in the country. Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominantly within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore, each law degree holder must be enrolled with a (single) State Bar Council to practice in India. However, enrollment with any State Bar Council does not restrict
9890-432: The only lawyers with rights of audience in the courts of the Isle of Man . An advocate's role is to advise on all matters of law: it may involve representing a client in the civil and criminal courts or advising a client on matters such as matrimonial and family law, trusts and estates, regulatory matters, property transactions, and commercial and business law. In court, Advocates wear a horsehair wig, stiff collar, bands, and
10005-680: The period is reduced to one year. Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain time may also undertake a shorter period of training and supervision. During their training, all trainee Advocates are required to pass the Isle of Man bar examinations, which include papers on civil and criminal practice, constitutional and land law, and company law and taxation, as well as accounts. The examinations are rigorous and candidates are limited to three attempts to pass each paper. Senior English barristers are occasionally licensed to appear as Advocates in cases expected to be unusually long or complex, without having to pass
10120-408: The process was justifiable. The President and his lawyers tried to negate the validity of the investigation by requiring the Public Protector to indicate whether the President had the power to condone any non-compliance. There is no provision in the Constitution that authorises the President to condone any action or omission of the Public Protector. A provisional draft of Madonsela's report, under
10235-404: The qualification exam can try to pass it again after 1 year only. The qualifications commission is composed of seven Advocates, two judges, two representatives of the regional legislature, and two representatives of the Ministry of Justice . After successful passing the qualification exam a candidate should take the oath of advocate. From the moment of taking the oath, he becomes an advocate and
10350-408: The reasons for termination of advocate's status have ceased to exist. Advocate's chambers are professional associations of Advocates, which are based on mandatory membership of Advocates. All regional advocate's chambers are mandatory members of Federal Chamber of Advocates of Russian Federation ( Russian : Федеральная палата адвокатов Российской Федерации ), which is professional association at
10465-709: The report of the inter-ministerial task team published in December 2013, the Public Protectors' final report published in March 2014 and the SIU's report published in September 2014, as well as Zuma's responses to them. The second ad hoc committee challenged the findings of the Public Protector and referred the matter to security experts including the police minister in November 2014. On 28 May 2015, police minister Nkosinathi Nhleko , who
10580-491: The right to be an Advocate. After the end of the suspension, advocate's status should be resumed without any additional conditions. Also Russian law provides for voluntary and involuntary termination of advocate's status. Voluntary termination of the status occurs when an Advocate files relevant application to the advocate's chamber. Involuntary termination of the status is applicable in cases of death, declaration of no having legal capacity or having limited legal capacity made by
10695-637: The same rights as an advocate's title. Both in Sweden and Norway any adult, in theory, can represent a party in court without any prior approval, training, license or advocate title. In practice it's unusual, and in Norway, it's subject to the approval of the court, which is unlikely to give it except in very simple cases. In English, the Scandinavian title of advokat is interchangeably also translated as barrister , lawyer or attorney-at-law . In Russia , anyone with
10810-542: The schools at the center of the 1976 Soweto Uprising . In late July 2018, it was revealed that Madonsela was engaged to Dick Foxton, a public relations consultant. In 2017 it was revealed that Foxton's consulting company, Foxton Communications, had previously been contracted by SABC CEO Hlaudi Motsoeneng "to be the spokesperson and publicist of the Group CEO despite the fact that the SABC had its own internal spokesperson. The company
10925-420: The status of an advocate, on the basis of this information. The status of an advocate is granted for an indefinite period and is not limited by any age. There is only 1 advocate's chamber in each federal subject of Russia. Each advocate can be the member of only 1 advocate's chamber and can be listed in the register of Advocates of the relevant federal subject of Russia only. In case of relocation to another region,
11040-514: The supreme courts – the High Court of Justiciary (criminal), and the Court of Session (civil). Advocates share the right of audience with solicitors in the sheriff courts and justice of the peace courts . It used to be the case that Advocates were completely immune from suit etc. while conducting court cases and pre-trial work, as they had to act 'fearlessly and independently'; the rehearing of actions
11155-526: The systematic failures highlighted in Madonsela's report. The court case was ultimately won by the DA when the Constitutional Court set aside the Electoral Court ruling on 19 January 2015. On 19 December 2013, public works minister Thulas Nxesi presented a report of an inter-ministerial task team which justified the public expenditure and cleared Zuma. On 28 April 2014, a parliamentary ad hoc committee set up to consider Zuma's response to Madonsela's report
11270-498: The upgrades. In her investigation, Madonsela said that the Ministerial Handbook had a maximum security spending of R100 000 should The Minister of Public Works issue approval. Since the house at Nkandla is privately owned by the President, he would only be granted R100 000 for security measures. Therefore, the President would have acted in violation of the Ministerial Handbook. Police prevented Helen Zille from approaching
11385-486: The word "compound" to describe the homestead. COSATU , a member of the governing tri-partite alliance, asked for the overpricing to be reviewed. Shortly after the publication of Madonsela's report, the DA sent a bulk text message to Gauteng voters ahead of the 2014 general election which reads: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change." The ANC submitted an urgent application to
11500-446: The working title "Opulence on a Grand Scale," was leaked to the Mail & Guardian in late November 2013. The title came from the text of one public complaint, which Madonsela reproduced in the report: "Like all South Africans I have recently read in the media the appalling story of the sums of taxpayers’ money being spent on the private residence of President Jacob Zuma. This is opulence on
11615-485: The year 2010 onward a mandatory rule is made for lawyers passing out from the year 2009–10 to sit for an evaluation test named AIBE (All India Bar Exam) for one to qualify as an advocate and practice in the courts. However, to practice law before the Supreme Court of India, Advocates must first appear for and qualify in the Supreme Court Advocate on Record Examination conducted by the Supreme Court. Further, under
11730-522: Was a result of the complaint submitted by a Catholic priest, called Father Stanslaus Muyebe. The report found evidence of state capture , including the Gupta family 's improper influence over President Jacob Zuma. Madonsela directed the President to appoint a judicial commission of inquiry, headed by a judge named by the Chief Justice. Zuma called the report "political propaganda" and challenged it in court, but
11845-437: Was appointed Public Protector by President Jacob Zuma for a non-renewable seven-year term commencing 19 October 2009, with unanimous support from the multi-party National Assembly. At the announcement of her appointment, Zuma said Madonsela "will need to ensure that this office continues to be accessible to ordinary citizens and undertakes its work without fear or favour". Madonsela likens her role as Public Protector to
11960-597: Was appointed by Zuma on 25 May 2014, released his report on Nkandla which found that the swimming pool, cattle kraal, chicken run, visitor's centre and amphitheatre were needed security features and concluded that Zuma does not owe the South African taxpayers anything. On 18 August 2015, the National Assembly adopted the report of a third parliamentary ad hoc committee which accepted the findings of Nxesi and Nhleko and cleared Zuma. Opposition parties Economic Freedom Fighters and Democratic Alliance subsequently approached
12075-480: Was asked to resign by prominent public figures, including anti-apartheid activist Ahmed Kathrada , due to the scandal. In line with the Constitutional Court's judgement, Zuma repaid the state for the non-security upgrades – priced at R7.81 million by the National Treasury – in September 2016. The compound is situated on Nxamalala Farm in the rural region of Nkandla, KwaZulu-Natal , where President Jacob Zuma
12190-508: Was born and raised. The land is owned by the Ingonyama Trust , which, through Zulu King Misuzulu kaZwelithini , administers KwaZulu-Natal's traditional lands on behalf of the state for the benefit of its occupants. Zuma's property comprises 3.83 hectares . In 2008, according to Zuma, Zuma's family undertook a private construction project, using personal funds, to improve the homestead and build three new houses. In May 2009, pursuant to
12305-705: Was born in Johannesburg in 1962, the daughter of informal traders Bafana and Nomasonto, and grew up in Soweto . She attended Evelyn Baring High School in Nhlangano in Swaziland , from where her family originates. She graduated with a BA in Law from the University of Swaziland in 1987, and an LLB from the University of the Witwatersrand in 1990. In March 2015, Madonsela was awarded
12420-559: Was considered contrary to public interest ; and Advocates are required to accept clients, they cannot pick and choose. However, the seven-judge English ruling of Arthur J.S. Hall & Co. (a firm) v. Simons 2000 (House of Lords) declared that none of these reasons justified the immunity strongly enough to sustain it. This has been followed in Scotland in Wright v Paton Farrell (2006) obiter insofar as civil cases are concerned. Advocates are
12535-720: Was made public, ANC secretary general Gwede Mantashe and cabinet minister Lindiwe Sisulu made public statements undermining Madonsela and her report, with Mantashe calling it a "political report". After its publication, the African National Congress Youth League (ANCYL) called for Madonsela's resignation, and members of the ANCYL and the ANC-aligned Congress of South African Students (COSAS) made disparaging remarks about her. COSAS, which had been admonished by female cabinet minister Nosiviwe Mapisa-Nqakula for
12650-415: Was not an adequate response to her report and requesting a response to her letter by 4 September 2014. During a media briefing on 26 August 2014, Gwede Mantashe criticised her handling of the matter, saying the ANC want her to "behave correctly" and "not abuse" her term of office, while his deputy Jessie Duarte expressed concerns about Madonsela being "populist in her orientation". Madonsela subsequently held
12765-657: Was paid a R350 000.00 per month retainer plus additional fees". Motsoeneng was identified in the State Capture Inquiry as one of the individuals improperly appointed by President Jacob Zuma as part of 'state capture'. In response to a parliamentary question in 2018, the Minister of Communications confirmed that the Special Investigating Unit had initiated court proceedings against a number of companies including Foxton Communications. Advocate An advocate
12880-478: Was referred to the next Parliament to be formed after the 2014 general election, citing insufficient time available before the 7 May election date. As of 11 August 2014, a Special Investigating Unit (SIU) mandated to investigate the matter by Zuma in December 2013 is suing the architect for R155.3 million in the KwaZulu-Natal High Court . On 12 September 2014, the SIU's report on their investigation
12995-521: Was tabled in Parliament. The SIU said that the Zuma family was enriched by the upgrades and blamed overspending on the architect and public works officials, who have alleged interference by Zuma and others who have all denied these allegations. The SIU also found that security measures were still inadequate despite the overspending. A second parliamentary ad hoc committee, established in August 2014, would consider
13110-406: Was the security cluster ministers, not the Public Protector, who had the authority to decide what was classified as a threat to the president and the state (and therefore to decide the reasonable limits of upgrades for security purposes). On 13 January 2013 the Public Protector informed the President that she would be unable to conclude her report within the prescribed 30 day period. Section 3(2) of
13225-481: Was withdrawn by the British Council. In January 2009, a replacement scheme began. Lawyers qualified in other European Union states (but not in England and Wales) may have limited rights of audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors known as 'solicitor-Advocates' have rights of audience, but for practical purposes, Advocates have almost exclusive rights of audience in
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