LLB graduates from private institutions are qualified to enter professional legal practice
Article by Geoffrey Abrahams
Geoffrey Abrahams BA (UWC) BProc LLM (Unisa) is a lecturer at IIE Varsity College, Durban North Campus.
Independent Institute of Education (Pty) Ltd v The KwaZulu-Natal Law Society and Others (KZP) (unreported case no 9090/18, 22-2-2019) (Sibiya AJ)
In this significant judgment, the applicant was the Independent Institute of Education (IIE), which is registered in terms of s 54(1)(c) of the Higher Education Act 101 of 1997, as amended, as a private higher education institute since 2007. This entitled the IIE to offer tertiary qualifications, such as diplomas, certificates and degrees at graduate and postgraduate level, in accordance with its accreditation. In May 2017 the Council on Higher Education, the body responsible for accrediting programmes of higher education in the country, accredited the IIE to provide the LLB degree at its campuses. In doing so, the Accreditation Committee of the Higher Education Quality Committee of the Council on Higher Education found the IIE to be on par with the course it offered in every respect with the LLB degrees offered by public universities.
In October 2017 the IIE was registered to offer the LLB degree at the National Qualifications Framework level 8, by the South African Qualifications Authority, the statutory body responsible for qualification standards set by the Minister of Higher Education. One of the stated purposes of the qualification is to prepare students for a career in professional legal practice, including practice as an advocate, attorney or prosecutor.
The IIE duly offered the LLB degree at six of its campuses that are designated as Varsity Colleges in various provinces and at different locations, and in the 2018 academic year, the IIE registered an approximate 200 first-year students.
On 19 January 2018, the first respondent, the KwaZulu-Natal Law Society (KZNLS) in response to a query from one of the student’s parents, indicated that the LLB degree offered by the IIE did not meet the requirements for admission as an attorney in terms of s 2(1) of the Attorneys Act 53 of 1979 (the 1979 Act). In this regard, it should be noted that the 1979 Act has subsequently been repealed in its entirety by the Legal Practice Act 28 of 2014 (LPA), which came into effect on 1 November 2018 and
s 2(1) of the 1979 Act has been replaced by s 26(1) of the LPA.
The KZNLS’ legal stance was premised on two arguments. First, the 1979 Act provides that an LLB obtained from a ‘university’ qualifies one for articles of clerkship, a prerequisite for admission as an attorney, and neither the applicant nor its Varsity College brand is a university. Secondly, the KZNLS advanced the reason that as of November 2017 the Council on Higher Education had listed all the institutions with an accredited LLB programme and the IIE was not listed as such an institution. The latter argument was subsequently withdrawn by KZNLS and was no longer an issue.
When the matter came before Sibiya AJ on the opposed motion roll on 11 December 2018, the KwaZulu-Natal Division of the High Court in Pietermaritzburg had to determine whether s 26(1)(a) of the LPA infringed the applicant’s constitutional rights to –
- equality before the law in terms of s 9(1) of the Constitution;
- freedom of trade, profession and occupation in terms of s 22 of the Constitution;
- right to establish private education institutions in terms of s 29(3) of the Constitution; and
- importantly, if this was indeed so, whether such infringements were reasonable and justifiable in terms of s 36 of the Constitution, namely the limitation clause.
Prior to this hearing, the matter was first enrolled on the motion roll on 25 September 2018 before Koen J in the form of an application brought on an urgent basis to review the decision of the KZNLS to refuse to recognise the IIE’s LLB degree as being sufficient for entry into the legal profession. In addition, the applicant sought a declaratory order that its LLB degree was duly registered and was the equivalent to the LLB degree offered by accredited public universities. On that occasion, Koen J adjourned the application sine die and granted the IIE leave to amend the relief it claimed and to supplement its papers.
The IIE did so, and that resulted in the revised content of the papers and relief sought before Sibiya AJ, who in her judgment addressed the issues, which are succinctly summarised below.
The court firstly addressed the meaning of the term ‘university’ and it referred to the Higher Education Amendment Act 9 of 2016 (the Act) that made the distinction between a university established under the Act and any other higher education institution. The court found that, with reference to the Act, the term ‘university’ could not be read to include the applicant and the applicant was, therefore, excluded. Although this sustained the argument advanced by the KZNLS, it did not, by any means, end the inquiry.
The court then dealt with the matter of greater legal and indeed constitutional significance, namely, whether s 26(1) of the LPA infringed or limited the IIE’s applicants’ rights under ss 9, 22 and 29(3) of the Constitution.
In doing so, the court dealt with the content of s 29(3) and found that the IIE, having shown that it met the criteria set out in s 29(3) and also those in ch 7 of the Higher Education Act, therefore, enjoyed the same rights to offer the accredited four-year LLB as public universities have and its exclusion from s 26 (1)(a) of the LPA unlawfully and unconstitutionally limited this right.
In addressing the cardinal importance of the right to equality before the law under s 9(1), the court ruled that the KZNLS had unfairly discriminated against the IIE and that the IIE and its students have the right to equal protection and benefit of the law. The court’s reasoning was that the minimum standards set for admission as an attorney was an LLB degree from a university. It held further that there is only one LLB degree that is accredited by the South African Qualifications Authority and it is the same for public universities, as well as for the IIE, a private tertiary institution. The court considered the confirmation of the Council on Higher Education that the applicant’s four-year LLB degree is in every respect on par with those from public universities. Furthermore, the court found there was no rational link between the impugned provision and the legislative purpose as reflected in all the relevant statutes. This meant that the differentiation that constituted the KZNLS’ argument for non-recognition, limited the IIE’s rights under s 9(1) of the Constitution, without valid justification.
In addressing the ambit of s 22 of the Constitution, the High Court referred to correspondence between the Minister of Higher Education and the Minister of Justice where the former stated at para 41 that: ‘The problem that section 26(1)(a) [of the LPA] creates is that LLB graduates who have obtained their qualification from registered private higher education institutions may not be given an opportunity to practice.’
The court’s statement at para 46 relating to the effect of s 26(1)(a) of the LPA is of singular importance, that is, ‘of limiting the entry into the profession to the LLB degree obtained from a university, when there is no material distinction between what is offered by a university and that offered by the applicant, cannot be said to be anything but arbitrary.’ The court concluded that s 26(1)(a) of the LPA limited the rights of the applicant and its LLB students.
The further inquiry examined whether the limitation of the rights under ss 9, 22 and 29(3) of the Constitution were justifiable under s 36, as the court had found that the distinction created by s 26(1)(a) of the LPA between LLB degrees in public universities and those from the IIE created an unnecessary and unjustifiable limitation to entry into the profession and consequently found the provisions of s 26(1)(a) to be unconstitutional and invalid.
The court order further stipulated that students who graduate with an LLB degree offered by the IIE after 1 January 2018, are as qualified to enter the practice of the legal profession as the graduates from public universities in South Africa.
As Sibiya AJ’s judgment involved the invalidation of a provision in parliamentary legislation it is required that the Constitutional Court must in terms of s 167(5) ratify or confirm the invalidation.
ADvTECH Updates
JSE-listed ADvTECH, Africa’s leading private education provider, is pleased to announce the appointment of John Sikiotis to the role of Group Chief Operating Officer (GCOO), effective 1 August 2025. Sikiotis brings a wealth of experience in strategy, IT, business development and commercial leadership across a wide range of industries in multiple geographies including Africa, the Middle East and Asia. He is a qualified CA(SA) and holds the professional designation of Chartered Financial Analyst. He is also a member of SAICA. The new role of GCOO has been established to support ADvTECH’s dynamic growth and expanding operations locally and internationally. “John’s strategic expertise and global perspective make him a valuable addition to our leadership team,” commented ADvTECH Group CEO, Geoff Whyte.
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It is undeniable that AI in education, even though still in relative infancy, has a multiplier effect on student outcomes. An overview of the substantial impact of individualised learning on student performance over the past few years, combined with an insight into daily advances in real life, has the potential to raise concern about the role of human educators in classrooms. Are teachers becoming obsolete? Not quite. While it is true that AI’s role is growing by the day, it is in fact not replacing teachers, but rather changing the role of teachers, an education expert says. “We have, over the past 3 years, seen a 20% improvement in student performance, with AI and individualised learning having become the order of the day,” says Desiree Hugo, Academic Head at ADvTECH Schools. AI in education isn’t a case of students having access to ChatGPT – it is a vastly more considered strategy leveraging proprietary tools and platforms. ADvTECH’s ADvLEARN Intelligent Tutoring System is a prime example, utilising AI to craft individualised learning paths that allow students to advance at their own speed. This system empowers data-guided instruction while fostering independent learning across various subjects. “Adaptive learning technologies leverage data-driven analysis to personalise educational content, pacing, and assessments based on each student's unique needs. These solutions, which include intelligent tutoring systems and learning management platforms, enable educators to tailor instruction efficiently without increasing their workload, when integrated effectively,” says Hugo. “For students, this creates a customised, engaging, and encouraging experience, whether they’re building core skills or exploring complex topics. For educators, it delivers real-time insights to refine teaching approaches, ensuring all students achieve progress.” AI systems are fast moving in the direction of students being able to learn completely independently, which then raises the question – what about the teachers? Will in-person schools still be a thing? Or will future learning consist of young people working alone, in front of their screens? “Adopting best international practices in AI implementation is critical to staying at the forefront of educational excellence. However, the narrative around AI in education must be clear: AI is a powerful tool to support, not replace, teachers,” says Hugo. “The human element in teaching, in particular empathy, creativity, and mentorship, remains irreplaceable, and AI’s role is to enhance these supportive opportunities, ensuring teachers remain central to the learning experience, while time-consuming repetitive tasks become the domain of AI.” The integration of AI into education really is a best-case scenario, allowing overworked teachers to get back to their unique strengths, Hugo says. WHY TEACHERS WILL REMAIN AN IMPORTANT PART OF THE EDUCATIONAL LANDSCAPE While AI excels at processing data and delivering personalised content, it lacks the human qualities that ensures an exceptional, holistic education. In the age of AI, the role of teachers will remain important in the following areas: Emotional connection and empathy - Learning is deeply human, driven by relationships. Teachers understand students’ emotional needs, motivate them through challenges, and celebrate their successes. No algorithm can replicate the encouragement of a teacher who notices a student’s potential or the trust built through years of mentorship. Fostering creativity and critical thinking - AI can provide information, but teachers guide students to question, innovate, and think critically. In a world increasingly shaped by AI, skills like ethical reasoning, collaboration, and creative problem-solving, nurtured by teachers, are essential. Curricula, like the IEB, IB and Cambridge systems, emphasize these skills, and ADvTECH’s commitment to global standards positions its teachers as key drivers of this development. Cultural and contextual nuance - South Africa’s diverse educational landscape requires teachers who understand local contexts, languages, and cultural dynamics. Teachers bridge the gap between AI and real-life context, ensuring learning is relevant and inclusive. “The fear that AI will replace teachers stems from a misunderstanding of its purpose, combined with the stunning realisation of its ability to improve student outcomes. But AI is not a substitute for human connection. Rather, it is a catalyst for unlocking teacher potential. It empowers teachers to do what they do best: inspire, guide, and transform lives. “Imagine a classroom where AI handles repetitive tasks, provides real-time student insights, and suggests tailored resources, while the teacher focuses on sparking debates, nurturing talents, and building confidence. This is the future that educational institutions must champion - a future where technology supports human excellence, not replaces it.”
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Community law clinics play a vital role in ensuring access to justice in South Africa, annually serving thousands of people who are unable to afford legal services and representation. In response to the overwhelming demand for these lifeline services, SA’s leading private higher education provider has been steadfastly expanding its footprint of law clinics across the country, culminating in the recent launch of a mega-clinic in Randburg. The IIE Varsity College’s Randburg Community Law Clinic is a game-changer for the community, says Soretha Venter, senior attorney and Director of the clinics in the region. “It’s our most ambitious effort yet to bridge the gap in access to justice, ensuring marginalised individuals can exercise their legal rights while equipping our students with real-world skills,” Venter says. “Law clinics like ours promote fairness, equality, the rule of law, and transform lives by providing essential legal services while empowering our students to become empathetic, skilled legal professionals dedicated to social justice.” Venter says community law clinics play a pivotal role in addressing the systemic barriers to justice faced by underserved populations, particularly in South Africa, where economic disparities often limit access to legal services for many vulnerable citizens. “These clinics provide free legal advice, mediation services, and representation in matters such as family disputes, housing issues, employment conflicts, and consumer rights, empowering individuals who cannot afford private attorneys. By bridging this gap, law clinics ensure fair and equitable treatment for all, uphold human rights, and promote social cohesion by providing avenues for resolving disputes and addressing grievances.” Beyond resolving individual cases, they foster social justice through community outreach, offering workshops and campaigns on critical issues like domestic violence and discrimination, which educate the public and enhance awareness of legal protections. “The benefits to communities extend beyond immediate legal solutions, creating a ripple effect of empowerment and social change. Law clinics not only resolve disputes but also build trust in the legal system by providing accessible, compassionate support. They advocate for systemic improvements, collaborating with nonprofits and government agencies to address broader societal challenges,” Venter says. For instance, initiatives like family law mediation and post-litigation support for clients, as planned by the IIE Varsity College Randburg mega-clinic, offer sustainable solutions for low-income families. By equipping communities with knowledge and resources, these clinics strengthen social cohesion and promote a culture of justice, ensuring lasting impact for individuals and society as a whole. In addition to providing communities with free legal representation and support, law clinics ensure that SA’s future legal practitioners receive a real-world, holistic education. This year, more than 120 final-year students from three campuses will gain hands-on experience at the Randburg clinic, under the supervision of experienced attorneys. Groups of around eight students at a time work Monday through Thursday, immersing themselves in consultations, legal drafting, research, and court visits. “Students are exposed to every facet of a real law firm. This practical training not only hones their skills in client interaction and case management but also instils a deep sense of social responsibility,” says Venter, adding that the clinic prepares students for South Africa’s unique legal landscape while fostering a commitment to pro bono work. The Randburg mega clinic boasts 3 attorneys’ offices, 4 candidate legal practitioner spaces, a boardroom with state of the art digital and online facilities and 4 consultation rooms. It currently has 2 full time attorneys, 2 candidate legal practitioners and a legal intern, and the team will be growing in months to come. Since its launch, it has received 105 applications, of which 43 are still active matters that are attended to on a daily basis. It is expected that these numbers will have doubled by the end of 2025. The Randburg mega-clinic builds on the success of IIE Varsity College’s earlier clinics established in Durban North (2022), Pretoria (April 2024), and Cape Town (July 2024). Another clinic is set to open in Nelson Mandela Bay in August 2025.
Monde Nkosi presents his latest episode of the Education Investment Podcast in video on YouTube and audio on Spotify, Apple and all major podcast platforms https://linktr.ee/educationinvestment?utm_source=linktree_admin_share In this episode, Leading a Schools and Higher Education Group with Geoff Whyte (CEO of ADvTECH Group), we explore leadership in a combined schools and higher education group serving more than 100,000 students across multiple countries including South Africa, Kenya, Botswana and Ethiopia. Geoff presents his investment and social impact case for ADvTECH and independent education. Geoff also shares some personal stories about his journey from growing up in Scotland; to living and working in multiple countries including England, Russia and the Netherlands; and moving to South Africa in the late 1990s.
02 June 2025: ADvTECH Group, Africa’s leading private education provider, is pleased to announce the launch of Rosebank International University College (RIUC) in Accra, Ghana. Registrations will open on 15 June 2025, ahead of the first academic semester which begins on 1 September 2025. This will be followed by a second enrolment cycle in February 2026. Situated in Accra’s prestigious Airport Residential Area, the RIUC campus will offer a wide range of high-demand qualifications, from doctoral programmes to diplomas. Fifteen qualifications have been accredited to date in fields including Business Administration, Digital Marketing, Information Technology, Service Management and Hospitality. The new RIUC campus builds on ADvTECH’s existing international presence in Kenya, Botswana, and Ethiopia, reinforcing its commitment to providing quality education across the African continent. “We are delighted to launch our highly successful Rosebank International brand in Ghana, expanding our tertiary education footprint outside South Africa for the first time. We look forward to delivering the superior academic outcomes and excellent student experiences we are known for in South Africa in Accra,” says ADvTECH Group CEO, Geoff Whyte. Students will benefit from a wide array of extracurricular activities and access to foundational academic, financial, digital literacy and psycho-social support programmes. The campus will also employ facial recognition access for enhanced security.
