A recent Gauteng High Court judgment has declared unconstitutional the three-year waiting period imposed on newly admitted attorneys before they may appear in the High Court, Supreme Court of Appeal, and Constitutional Court.

The court found that section 25(3)(a) of the Legal Practice Act unfairly differentiates between attorneys and advocates admitted at the same time, effectively barring attorneys from exercising full rights of appearance solely based on the passage of time. The judge held that this distinction is irrational, as it is not linked to any mandatory training, competence assessment, or experiential requirement.

Importantly, the court emphasised that admission as a legal practitioner already signifies sufficient qualification and competence, and that restricting attorneys’ right of appearance infringes constitutional rights including equality, dignity, and freedom to choose a profession.

The matter has been referred to the Constitutional Court for confirmation of invalidity, meaning the final constitutional word is still awaited.

This ruling marks a significant development for the legal profession and could reshape the traditional divide between attorneys and advocates in South Africa’s higher courts.