LETTER: Legal representation must be allowed at SAQA

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Exclusion of legal representation in any situation must be considered wrong

The benefits he mentioned are dubious, to say the least. I have yet to hear from a single client who views this with the same enthusiasm as Samuels.

The Supreme Court of Appeal said in 2002 in the case of Hamata and Another vs Peninsula Technikon that “[a]ny rule purporting to compel an [administrative] organ to refuse legal representation, no matter what the circumstances might be, and even if they are such that a refusal might very well impair the fairness of the administrative proceeding, cannot pass muster in law”.

Samuels mentions how many foreign qualifications SAQA evaluated in 2018 , but does not mention how many of those were represented by attorneys, nor what detriment resulted from that legal representation. The reason for the exclusion of attorneys therefore remains unexplained and, I submit, invalid.

 

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