[1] This is a special review upon request of the Judicial Head of the Sasolburg Magistrates Court in the matter between THE STATE v SAMUEL ZONDIZI NGHONDZENI which commenced on 4 August 2010 and is part heard in the Sasolburg Regional Court before Regional Magistrate S E Ebrahim.

[2] The review was requested when it transpired that Mr T M Marabo, who represented the accused during the said proceedings, did not have the right of appearance since June 2010. As appears from the letter of the Law Society of the Northern Provinces, Mr Marabo’s Contract of Articles of Clerkship expired in June 2010 and he was not admitted as an attorney. There is no doubt, therefore, that Mr Marabo contravened section 8(4) (a) of the Attorneys Act, Act 53 of 1979, which reads:

“Any candidate attorney who is entitled to appear as contemplated in subsection (1), shall at the expiry of his articles or contract of service, and provided he remains in the employ of the attorney who was his principle immediately before such expiry, or provided he remains in the service of the law clinic or the Legal Aid board concerned, as the case may be, remain so entitled until he is admitted as an attorney, but not longer than six months.”