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The prerequisites for admission to practice as a legal practitioner in Namibia are detailed in the provisions of the Legal Practitioners Act, 15 of 1995, as amended. A candidate desirous of admission must satisfy the High Court on application that he or she is:

• A fit and proper person to be admitted
• Duly qualified
• A Namibian citizen, a permanent resident, ordinary resident or a holder of an employment permit for the purpose of employment by Government.

A candidate is regarded as being duly qualified if he or she:

• Was conferred a degree in law from the University of Namibia or an equivalent qualification in law from another recognized university
• Has been issued with a certificate from the Board for Legal Education confirming that he or she has
  1. satisfactorily undergone practical training
  2. passed the Legal Practitioners’ Qualifying Examination (LPQE)

In regard to the latter requirements of having passed the LPQE and the requirement of practical legal training, the Act prescribes that a candidate must, subject to limited exceptions, attend one-year of prescribed postgraduate studies offered at the Justice Training Centre of the Faculty of Law at the University of Namibia’s Windhoek campus (www.unam.na). The postgraduate studies culminate in the LPQE. In addition the candidate must be attached to a legal practitioner for the purpose of practical legal training for the full period of postgraduate studies, or if he or she has previously passed the LPQE, for a period not less than six months.

In terms of the Act it is a criminal offence for any person other than an admitted legal practitioner to practice or in any manner hold him /her out as or pretend to be a legal practitioner.

Index

1. Disciplinary Committee established in terms of the Legal Practitioners Act
2. Procedure before Statutory Disciplinary Committee
3. Sanctions
4. Appeal
5. Discipline: candidate legal practitioners
6. Powers of the Court

Members of the public who wish to submit a complaint in respect of the conduct of any legal practitioner may do so either by submitting a complaint in the form of a sworn affidavit to the Directorate of the Law Society of Namibia who will forward such complaint to its Standing Committee on Legal Ethics.

This particular committee will consider the complaint and more particularly whether or not such complaint should be taken further by submitting it to the statutory disciplinary committee as created by the Legal Practitioner's Act. This committee may also take the view that the complaint warrants no further action, or it may refer any matter to the Council of the Law Society for further action together with its recommendations.

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1. Disciplinary Committee established in terms of the Legal Practitioners Act

A complainant may however also complain directly to a statutory disciplinary committee, in which event such complainant shall address his or her complaint to the secretary of such disciplinary committee c/o the Ministry of Justice, Private Bag 13248, Windhoek , Namibia .

This statutory disciplinary committee has been established in terms of Section 34(1) of the Legal Practitioner's Act, Act No 15 of 1995, for the purpose of exercising disciplinary control over legal practitioners and candidate legal practitioners in accordance with the provisions of the Legal Practitioner's Act.

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2. Procedure before Statutory Disciplinary Committee

Any application by the Council of the Law Society or a person affected by the conduct of a legal practitioner shall be made to and be heard by the disciplinary committee in accordance with the Rules made under the Legal Practitioner's Act.

Where in the opinion of the disciplinary committee an application made to it does not disclose a prima facie case of unprofessional or dishonourable or unworthy conduct on the part of the legal practitioner concerned, the disciplinary committee may summarily dismiss such application without requiring the legal practitioner to answer to the allegations and without hearing the application.

An applicant who is aggrieved by such decision of the disciplinary committee may appeal to the court against that decision, and the court may either confirm the decision of the disciplinary committee or order the disciplinary committee to hear the application and deal with it in accordance with the Legal Practitioners Act.

Where in the opinion of the disciplinary committee an application does disclose a prima facie case of unprofessional or dishonourable or unworthy conduct on the part of a legal practitioner or where the court has ordered that the committee hear such complaint the disciplinary committee shall:

• fix a date and time and place for the hearing of the application and notify the applicant and the legal practitioner concerned thereof; and
• not later than 14 days before the date fixed for the hearing of the application, furnish the legal practitioner concerned with a copy of any affidavit made in support of the application and shall give him or her an opportunity to inspect any document lodged with the disciplinary committee in relation to the application.

The disciplinary committee may appoint a legal practitioner to lead evidence at the hearing of the application and to cross-examine the legal practitioner to whom the application relates and the witnesses called by him or her and to present argument.

The legal practitioner shall be entitled to legal representation at the hearing of an application by the disciplinary committee.

At the conclusion of the hearing of an application the disciplinary committee:

• if it is satisfied that a case of unprofessional or dishonourable or unworthy conduct has not been made out against the legal practitioner, shall dismiss the application;
• if it is satisfied that the legal practitioner is guilty of the unprofessional or dishonourable or unworthy conduct alleged in the application or in respects other than those alleged, shall act in accordance of the provisions of either subsection 35 (8) or (9) of the Legal Practitioner's Act.

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3. Sanctions

If the disciplinary committee is of the opinion that the unprofessional or dishonourable or unworthy conduct of which the legal practitioner is guilty does not justify an application to court for an order to strike the legal practitioner's name from the roll or to suspend him or her from practice, and that the case may adequately be dealt with by itself, it may:

• reprimand the legal practitioner; or
• reprimand him or her and impose upon him or her a penalty not exceeding N$ 10 000-00.

If the disciplinary committee is of the opinion that the unprofessional or dishonourable or unworthy conduct of which a legal practitioner is guilty justifies an application to the court for an order to strike the legal practitioner's name from the roll or to suspend him or her from practise, it shall proceed to make such an application to the court.

The disciplinary committee, may also make such order as to the reimbursement of costs incurred by the disciplinary committee in connection with the application, including witness expenses as it may think fit.

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4. Appeal

A legal practitioner upon whom a penalty has been imposed by the disciplinary committee may within 30 days of notification to him or her of the decision of the disciplinary committee appeal to the court against that decision.

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5. Discipline: candidate legal practitioners

In respect of disciplining a candidate legal practitioner the disciplinary committee may:

• reprimand the candidate legal practitioner;
• reprimand and order the candidate legal practitioner to pay a penalty not exceeding N$ 1000-00; or
• withdraw his or her registration as a candidate legal practitioner, either indefinitely or for such period as the disciplinary committee may determine.

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6. Powers of the Court

If in determining an application made to it the court finds that the legal practitioner to whom the application relates is guilty of unprofessional or dishonourable or unworthy conduct, it may, given the circumstance of the case and if it seems fit to do so, and instead of granting an order that the name of the legal practitioner be struck off the roll or that he or she be suspended from practice,

• reprimand the legal practitioner; or
• reprimand and order the legal practitioner to pay a penalty not exceeding N$ 10 000-00, and may make any order as to restitution in relation to the case.

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As part of its policy to promote the education of candidates to gain entry to the profession, the Law Society with the assistance of the Legal Practitioners Fidelity Fund and the Namibian Legal Practitioners’ Trust, finances bursaries for law studies at a suitable institution for a law degree recognised in Namibia.

The minimum requirements expected are:
•  Certified copy of mid year examination results  
•  Certified copy of ID document  
•  The applicants must be Namibian Citizens  
•  University admission  
•  Certified copy of grade 12 certificate

The 2015 application form will be available around September 2014.

Application forms are obtainable from the Law Society of Namibia, Namlex Chambers, First Floor, 333 Independence Avenue, or PO Box 714, Windhoek.

Only selected candidates will be contacted.

The fact that a person has a law degree does not automatically make that person a legal practitioner.  

You first have to obtain either a B Proc or LLB degree at a University (which is approved and published in terms of the Legal Practitioners Act).  Study permits are required for studies at universities outside of Namibia.

Once you have successfully obtained your legal degree, you have the choice to become a legal practitioner or to seek employment where admission as a legal practitioner is not required. 

In order to qualify and be admitted as a legal practitioner you are required to complete a year of practical legal training with an established law firm (or an institution approved by the Board of Legal Education) and complete a course at the Justice Training Centre after which you will be required to pass further examinations. 

During this year you will be taught to apply the concepts which you learnt at university.

Upon obtaining the necessary certificates issued by the Justice Training Centre you can apply to the Court to be admitted as a legal practitioner.

Upon admission as a legal practitioner you will automatically become a member of the Law Society of Namibia. 

Career Opportunities

At this stage the legal practitioner must make a career choice, if he/she has not yet done that.

Law is such a wide field that there will be an area of interest for almost every different personality.  

There are different employment opportunities in the legal sector to mention a few:

• Practising as an attorney (as a sole proprietor, partner, director or professional assistant);
• Practising as an advocate;
• Employment in the Ministry of Justice at either the Offices of the Prosecutor General, Legal Aid, Legal Drafters, Attorney-General, Government Attorneys, etc.;
• Employment at the Legal Assistance Centre;
• Employment at institutions such as Banks, Insurance Companies, NGOs, and other Ministries as a legal advisor;
• Employment at either the Justice Training Centre, UNAM Law Faculty or Polytechnic as lecturer;
• Office of the Ombudsman;
• Researcher; and
• Labour Consultant.

The work of a practising legal practitioner will entail some of the following:

Appearance in the Supreme, High and Lower Courts and Tribunals;

• Presenting evidence, making submissions on behalf of clients, representing parties in criminal trials, civil actions, etc;
• Advisory work;
• Property transactions;
• Estates;
• Commercial work;
• Drafting of wills;
• Administering estates;
• Advising on tax;
• Legal opinions;
• Registering of companies; and
• Drafting of contracts.

Legal practitioners use titles such as attorneys, advocates, lawyers, legal advisors, etc to identify themselves according their employment choice.

A legal practitioner is a highly trained specialist who will give advice on the best course of action that a client / institution / employer can take in matters relating to the law. 

Legal practitioners work professionally and independently to look after the interests of their clients / employers. 

Legal practitioners are Officers of the Court and take an oath to uphold the law.  Legal practitioners should at all times act with the highest integrity en decorum.

Is the law for you?

The study of law involves a bit more than logic.  It involves the studying of Acts of Parliament, textbooks and cases decided in the past to see how the law has been interpreted and applied to specific situations. 

The law is dynamic and changes all the time.  In order to keep up with these changes a student has to study the basic elements of the law — this is what you study at university.

You do not only need a high academic standard but you should also have the following skills:

• Communication skills:  speaking, writing, explaining, understanding and listening
• Personal qualities:  sincerity, patience, confidence, organisational skills, reliability, hardworking, integrity
• Academic skills:  interpreting, good memory, numeracy, analysing

At the end of the day, the first step you should take is to do as well as possible in your Grade 12 examinations.

Remember that there are no shortcuts to success.  Obtaining your degree and being admitted as a legal practitioner will open employment doors for you.