ConCourt closes door on foreign nationals being admitted as lawyers

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Justice Zukisa Tshiqi - who penned the unanimous decision - found that while the right to choose your trade, occupation or profession freely was enshrined in section 22 of the constitution, the right was only extended to citizens

JOHANNESBURG - The country’s apex court has overturned a ruling that had declared the Legal Practice Act unconstitutional, in so far as it only allows South African citizens or permanent residents, to be admitted as lawyers.

This on the back of two initially separate applications from Lesotho citizens Relebohile Rafoneke and Sefoboko Tsuinyane. Despite the fact that they successfully completed their law degrees and articles in South Africa, the two could not be admitted because of the relevant legislation. The applications were ultimately heard together.

. “Section 22 is silent regarding non-citizens and, consequently, does not afford that right to them,” she said. Further more, Tshiqi found the bar on admitting non-citizens or permanent residents, served a legitimate government purpose. “While this policy may be open to debate, the fact that the Legislature has adopted it is not arbitrary or illegitimate. It is restrictive and protectionist, and those are permissible governmental objectives,” she said.

 

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such good news

I want to thank all those judges that took such decision,they are highly appriciated.foreigners want to rule everywhere aiboo kanti they dont have their own country? Who will fix their country if they want to be here forever

Their country needs them

It makes me happy 😂 a warm welcome to that decision Amen Mnangagwa take care of your young people who want to be advocates

I just hope this applies to all other professions in this country. Our youth are unemployed, GRADUATES.

ConCourtSA thank you, our country South Africa 🇿🇦 has been taken for granted by those foreign nationals lawyers for so long. E.g just look these SA human rights commission lawyers. By the way we say Dakie, bit by bit we're going there. SAforSouthAfricans PutSouthAfricansFirst

They must also not study here

So concourt is protecting their colleagues and failing to protect other sectors? Why must foreign ppl allowed to work in other sectors?

Now fight to make this ruling on all Government sector offices.

Nothing wrong with that. The con court is clear on this one. Any country would do the same.

Fellow Africans, legal or illegal, every of us it is time to trek back to our native countries. Actually the concourt should declare a date say 31 Dec. Every black foreigner go back. This would change africa to a New africa order.,.

Government is coming at foreigners side ways...

simbachitando The South African government is bigger than Zimbabwe boi.

Most people are commenting without reading

By virtue of you being a foreign student on a visa in any country of your choice doesn't equate to work permit, permanent residency & ultimately work opportunities. The Lesotho & Zim nationals are students who wanted to practice law in SA with student visa.

When are we dt this in IT. We are ready. Hulisani_N

As'bonge

I do not see anything wrong with this ruling.

Whats next is overhauling and audit of all Id documents and passports and asylums and everything nje

Tf?

Sad day for ALL. No tolerance for refugees?!!

Why not Concours puts South Africans first, as this was the reason given. But you guys can be so toxic at time, literally 😨

What a wonderful day for PutSouthAficansFirst and OperationDudula. Viva patriots✊✊ VotsekMakwerekwere

Thank you

masagwadi

Best news ever

This is xenophobic

Mthigo_ 🥳

Simba must go home Zimbabwe is waiting for him

They should have done it long ago in all careers unless it's a critical skills.

pierredevos I saw you having chest pains on eNCA - well I am happy you lost this one brother. Heal soon and accept the loss.

Especially those from outside Afrika. Those from Pan Afrikan states must get first preference

❤️🔥

I hope this includes people from Europe and Asia...

They must also close the doors of security. How can a foreigner secure us

Happy xenophobic years 😂😂😂😂😂

ZozoM70319489 I hope that Simba what what better see this, yerrr! he's flippen annoying that guy.🤮

Good news

I wonder why a proffesional attournney will be barred from practicing after all he is offering a scarce skill Mandela was a lawyer

Courts took a decision to protect their own profession, however if it was ordinary citizens demanding the same for entry level jobs, the Court would dismiss the matter and say it's unconstitutional to prevent migrants from working. Animal farm🐘🦒🐫🦏🐗🐰

Good,go practice at home

I would imagine that foreign nationals should convince the Department of Justice that they have a thorough knowledge of South African laws and then they could be admitted to the Bar

NGOs are screaming😭😭😭😭

Good, they must get deported also.

Hheke

This thing of separation of power between the 3 sphere of governance is confusing sometimes.M question is does the Concourt has the power to do so unless there is already existing legislation enacted by parliament to that effect.

Foreigners r pained by Concourt judgment on foreigners & legal practice 😂

I'm sure you 702 people are going to over rule the ConCourt 🤣

Health and education department must follow I believe those who are currently unemployed & have relavent qualifications in these two departments. Must approach court /concourt PutSouthAfricansFirst OperationDudula

They must voetsek

Great news.

Well done, this must apply to all profession's 👏🏽👏🏽👏🏽

Leko_Mashele DBE_SA may you also do the same. We are qualified teachers yet we are struggling to find employment. This thing is very depressing... Please do something.😢😢😢😢

They must not only close for Black lawyers but also for white foreigners

Be specific. The door is closed to BLACK 'foreigners'. If it was closed to all foreigners, then the enrollment of all these leeches who up until 1994 were European but are now all of a sudden 'South African' would be canceled. ANC is a curse to black people 🤮

The first question that comes to my mind is - how does this affect that scoundrel from the Sandton Branch of the ruling party in the other country I will not mention....

This is bad reporting 'Closed door for whom?'.

The declaration made by the High Court that section 24(2) of the Legal Practice Act 28 of 2014 is unconstitutional and invalid to the extent that it does not allow foreigners to be admitted and authorised to be enrolled as non-practising legal practitioners is not confirmed.

And more door must close to

Wise decision well done ConCourt🤝🏾

All the other doors will follow suit. Slowly but surely. We really need to live peacefully with no fear of illegal foreigners killing us and not being able to trace them afterwards.

Good Move....huis toe

Good one siyabonga🙌

Nothing Life goes on as usual such things are reserved only for those who wear our skin colour For this skin colour we will know all forms of oppression Being African is tough now being Black African/Umnyamane It's a a globally recognised extreme sports

DANKO

So the concourt has not been influenced by the current anti foreigners wave? This is about lawyers trained in South Africa in South African laws. Foreign students that universities make a lot of money out of. Makes sense?

Òoh finally..

Lawyers trained in South Africa cant practice here. Odd to see this as a win for anyone.

What about other fields? Mxm

Nda

Good

But to other industries where poor majority find it hard to get a job they are welcome yah neh🤔

Hatiende. South Africa inyika yedu. Kana masasqo vachida kurova pasi, ngavaende ivo. 🤣

Good. I like that ruling. They can go and practice in their respective countries. Once they are allowed we going to have more illegal foreigners terrorizing us

Next should be them starting small businesses without having a citizenship

Plus they turn against us.

waw! Apex Court being radical, is applausable

White foreign nationals are not included 🙄🙄🙄🙄

Including European lawyers?

Wonderful news, more space has officially opened for our unemployed law graduates🙏👏

Beautiful, I love this 🤌🏾

Good decision!

What about foreign nations doctors? Any ruling on that?

In some countries foreigners are allowed to practice law provided they have a relevant visa (e.g. work permit) and they understand the applicable law (and procedures). But this blanket exclusion (especially for those who studied law in South Africa) is contentious.

More and more will close for foreign nationals..And more and more doors will open young graduates..We welcome the decision.Aluta continua

nes_kamogelo One small step for man

But we have Chinese and Zimbabweans in parliament..what a joke.

The ConCourtSA might need to assist on this SERI_RightsSA Nomzamo_Zondo illegal foreign national traders debacle…from 2013 they haven’t even verified if the foreign nationals they represent are even legal

We're getting there 🤞

nes_kamogelo THANK YOU!

'Justice Zukisa Tshiqi - who penned the unanimous decision - found that while the right to choose your trade, occupation or profession freely was enshrined in section 22 of the constitution, the right was only extended to citizens.'

Why can one sector be protected. But others in labor law for the same aliens are not

she_speakslife Thank you ConCourtSA .

They must go practice law in their own countries not here , we don't need their services, we have our very much competent lawyers in SA.

Good. Their countries need them. Hopefully, this will demonstrate to balls-deprived politicians that putting your own citizens first is not a crime. Sorry to the biased South African media. They must be feeling very sad about this news.

How do you become a lawyer in a country where you don't even vote?

morwapule They close doors because they are going to apply for their positions, like that Zimbabwean who was a deputy Public Protector, what rubbish was that

Thats not enough...we r starving

Thee end.

Why only in Law, why not in every sector of employment of illegals in SA?

Yoh so the door was open before!! 😒

Great news

Good. Sorry Bongani Bingwa president of foreigners.

Yet they studied in ZA

Next should be engineers

Can I be schooled, for example SA'ns learn the companies act of this country, then how does a foreigner practice law with their knowledge based on their native (Congo) countries companies act?

SA 10 - FN 0

Not only for lawyers but no to teachers, cattle herders, truck drivers, housemaids, securities, bolt & uber drivers, spaza/tuckshops, highway walkers infact everything unless proven no candidate in SA. Haak haak huis toe, die vakansie is klaar

Zondo defending his territory ka dimpa

MissSteelo I'm sure you happy with this ruling mtase, 😂

Then all whites should also go

Hulle Moet fokof

They are now seeing the light. But it is because they are affected!!!!

The mountain is moving, slowly but surely💃💃🥂🥂🍾 here to the patriots n dudulas🥂

Best news ever

NespyThemba Thank you at last 👌👍

Ziyakhala!

If this Foreigners were putting such efforts in holding their leaders accountable they would be very close to victory 🤞😅

This occasion calls for celebration!!!

Makes pure sense...

Accounting profession must follow suit

Thsts long over due.

They should be specific. The true foreign nationals are not Africans.

Danko

Slowly regaining our country and citizen rights.

Are white Europeans included in the list?

Every citizen must bring a lock to ensure that the door remains closed!

Great job they have countries of their own haak

Asbonge lapho 🥂 🥂

AbutiMoshikwa There's no closing of doors. It's our law at work. Please respect our law.

Judges understand that they need to protect their profession. Now it's time they extend the same judgment to other sectors of the economy.

Black foreign nationals or foreign nationals in general ?

Good job concourt

Not as lawyers but legal practitioners🙄

Lawers for the most part don't respect what the ConCourt is supposed to protect. Having ones rights violated by a foreign national is all the more disturbing.

Great news ✊

Sorry but we need to put south Africans first!

Thank you ConCourt

Thank you

Great news

Soon they will leave our beautiful country

😂😂😂 what were they trying to achieve 🤦‍♂️

Well done Justices

Yet you have real foreigners at ConCourt from Europe

Listen to them scream 'xenophobia'

I bet SERI_RightsSA is seething at this ConCourt ruling 😂

About fucken time.

We don't have shortage of lawyers in South Africa

PumPum_Radebe About damn time

Nice one

Foreign nationals that teach English 😩

maryjaneexplore Shame on ConCourt to make such a xenophobic ruling.

Good

simbachitando right now..bruised ,wounded and paralized😂🤣🤣🤣

This is how they should start walking back to practice at their own countries!

Common sense. They should get their own constitution.

We are getting somewhere

It's about time.. They must go practice their sh!t back home la makwerekwere.

Step in the right direction 👌

Kancane kancane we are getting there

The only sad part is that pink foreigners are still allowed to practice and many of them are here without permanent residence. Except the ruling will outlaw such practice by the pink lawyers, it becomes a ruling against Africans as usual.

My tears 😭🙌🙌🙌💯

Only because it affects its own interests so they apply shut the door so they can only eat alone had it been another trade they were going to open flood gates wide

Tilly_tetelo Victory for SA 😂😂😂

So what's going to happen to the likes of Simba Chitando who are already practicing?

They must go to that stupid human rights commission and practise there

THANK YOU CONCOURT THANK YOU

Can simba admission be rescinded

Honestly, foreign national lawyers r needed more in their home countries than in SA. Imagine if Mandela & Tambo Inc decided to leave SA for greener pastures?

Wow. I ❤️ U for this my South African Judges 🌹👌👌.

Good

Wow....

We are going somewhere

They saw the behavior of Simba Chitando and realised we have to put a stop to all that arrogance.

All doors shoudl be closed for foreign nationals. Otherwise they will take over SA

It's sad that as Country's laws has to change to accommodate pple from other countries than Citizens. I'm happy wt the ConCourt decision on this.

A judgment that is loved by all South Africans who love their country. Excellent!

LuloCafe We’re getting there

BongzNtabejane Dual citizenship residents ? Does section 22 have clarity on that

Asibonge tshisa

Cut thm off

We getting there

Dankie CJ, DCJ, and the rest of the crew.

The Constitutional Court is sober, and represents the heartfelt desires of the people of South Africa 🇿🇦 foreigners must practice in thier foreign lands 🇿🇼🇳🇬

Good..we getting there!!

Good

We are getting close😂😂😂😂

PumPum_Radebe Dankie

Welldone! simbachitando

They will defend their own against us👎🤞

The day we have a shortage of lawyers we'll call them to come, THEY MUST GO practice in their countries. Asbonge, finally some sanity prevails at these courts foreigners use to bully us using the same constitution that allowed them to be housed here. Ungrateful bunch!!!!

Every other Job should also be the case …unless there is a shortage of skills..

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