02 August 2022
The Minister of Justice and Correctional Services, Ronald Lamola welcomes the judgment of the Constitutional Court of South Africa in the matter between Relebohile Cecilia Rafoneke and Others v Minister of Justice and Correctional Services and Others  ZACC 29.
The application dealt with whether the provisions of section 24(2)(b), read with section 115, of the Legal Practice Act should be declared inconsistent with the Constitution and therefore invalid. On 16 September 2021, the High Court of South Africa, Free State Division, Bloemfontein (High Court)declared the provisions of section 24(2) unconstitutional and invalid, but only to the extent that they do not allow foreigners who are not permanent residents in South Africa to be admitted and authorised to be enrolled as non-practising legal practitioners.
The judgment affirms that section 24 (2) of the Legal Practice Act is a legitimate and a rationale way of regulating entry into the legal profession.
Minister of Justice and Correctional Services Ronald Lamola, “ this is a matter that has been a subject of great debate and public interest, we welcome the Courts decision which has confirmed that there is no violation of section 9(3) and 9 (4) of our Constitution."
Issued by the Ministry of Justice and Correctional Services
Mr Chrispin Phiri
Spokesperson: Ministry of Justice and Correctional Services
081 781 2261