LLB graduates from private institutions are qualified to enter professional legal practice
Article by Geoffrey Abrahams
Geoffrey Abrahams BA (UWC) BProc LLM (Unisa) is a lecturer at IIE Varsity College, Durban North Campus.
Independent Institute of Education (Pty) Ltd v The KwaZulu-Natal Law Society and Others (KZP) (unreported case no 9090/18, 22-2-2019) (Sibiya AJ)
In this significant judgment, the applicant was the Independent Institute of Education (IIE), which is registered in terms of s 54(1)(c) of the Higher Education Act 101 of 1997, as amended, as a private higher education institute since 2007. This entitled the IIE to offer tertiary qualifications, such as diplomas, certificates and degrees at graduate and postgraduate level, in accordance with its accreditation. In May 2017 the Council on Higher Education, the body responsible for accrediting programmes of higher education in the country, accredited the IIE to provide the LLB degree at its campuses. In doing so, the Accreditation Committee of the Higher Education Quality Committee of the Council on Higher Education found the IIE to be on par with the course it offered in every respect with the LLB degrees offered by public universities.
In October 2017 the IIE was registered to offer the LLB degree at the National Qualifications Framework level 8, by the South African Qualifications Authority, the statutory body responsible for qualification standards set by the Minister of Higher Education. One of the stated purposes of the qualification is to prepare students for a career in professional legal practice, including practice as an advocate, attorney or prosecutor.
The IIE duly offered the LLB degree at six of its campuses that are designated as Varsity Colleges in various provinces and at different locations, and in the 2018 academic year, the IIE registered an approximate 200 first-year students.
On 19 January 2018, the first respondent, the KwaZulu-Natal Law Society (KZNLS) in response to a query from one of the student’s parents, indicated that the LLB degree offered by the IIE did not meet the requirements for admission as an attorney in terms of s 2(1) of the Attorneys Act 53 of 1979 (the 1979 Act). In this regard, it should be noted that the 1979 Act has subsequently been repealed in its entirety by the Legal Practice Act 28 of 2014 (LPA), which came into effect on 1 November 2018 and
s 2(1) of the 1979 Act has been replaced by s 26(1) of the LPA.
The KZNLS’ legal stance was premised on two arguments. First, the 1979 Act provides that an LLB obtained from a ‘university’ qualifies one for articles of clerkship, a prerequisite for admission as an attorney, and neither the applicant nor its Varsity College brand is a university. Secondly, the KZNLS advanced the reason that as of November 2017 the Council on Higher Education had listed all the institutions with an accredited LLB programme and the IIE was not listed as such an institution. The latter argument was subsequently withdrawn by KZNLS and was no longer an issue.
When the matter came before Sibiya AJ on the opposed motion roll on 11 December 2018, the KwaZulu-Natal Division of the High Court in Pietermaritzburg had to determine whether s 26(1)(a) of the LPA infringed the applicant’s constitutional rights to –
- equality before the law in terms of s 9(1) of the Constitution;
- freedom of trade, profession and occupation in terms of s 22 of the Constitution;
- right to establish private education institutions in terms of s 29(3) of the Constitution; and
- importantly, if this was indeed so, whether such infringements were reasonable and justifiable in terms of s 36 of the Constitution, namely the limitation clause.
Prior to this hearing, the matter was first enrolled on the motion roll on 25 September 2018 before Koen J in the form of an application brought on an urgent basis to review the decision of the KZNLS to refuse to recognise the IIE’s LLB degree as being sufficient for entry into the legal profession. In addition, the applicant sought a declaratory order that its LLB degree was duly registered and was the equivalent to the LLB degree offered by accredited public universities. On that occasion, Koen J adjourned the application sine die and granted the IIE leave to amend the relief it claimed and to supplement its papers.
The IIE did so, and that resulted in the revised content of the papers and relief sought before Sibiya AJ, who in her judgment addressed the issues, which are succinctly summarised below.
The court firstly addressed the meaning of the term ‘university’ and it referred to the Higher Education Amendment Act 9 of 2016 (the Act) that made the distinction between a university established under the Act and any other higher education institution. The court found that, with reference to the Act, the term ‘university’ could not be read to include the applicant and the applicant was, therefore, excluded. Although this sustained the argument advanced by the KZNLS, it did not, by any means, end the inquiry.
The court then dealt with the matter of greater legal and indeed constitutional significance, namely, whether s 26(1) of the LPA infringed or limited the IIE’s applicants’ rights under ss 9, 22 and 29(3) of the Constitution.
In doing so, the court dealt with the content of s 29(3) and found that the IIE, having shown that it met the criteria set out in s 29(3) and also those in ch 7 of the Higher Education Act, therefore, enjoyed the same rights to offer the accredited four-year LLB as public universities have and its exclusion from s 26 (1)(a) of the LPA unlawfully and unconstitutionally limited this right.
In addressing the cardinal importance of the right to equality before the law under s 9(1), the court ruled that the KZNLS had unfairly discriminated against the IIE and that the IIE and its students have the right to equal protection and benefit of the law. The court’s reasoning was that the minimum standards set for admission as an attorney was an LLB degree from a university. It held further that there is only one LLB degree that is accredited by the South African Qualifications Authority and it is the same for public universities, as well as for the IIE, a private tertiary institution. The court considered the confirmation of the Council on Higher Education that the applicant’s four-year LLB degree is in every respect on par with those from public universities. Furthermore, the court found there was no rational link between the impugned provision and the legislative purpose as reflected in all the relevant statutes. This meant that the differentiation that constituted the KZNLS’ argument for non-recognition, limited the IIE’s rights under s 9(1) of the Constitution, without valid justification.
In addressing the ambit of s 22 of the Constitution, the High Court referred to correspondence between the Minister of Higher Education and the Minister of Justice where the former stated at para 41 that: ‘The problem that section 26(1)(a) [of the LPA] creates is that LLB graduates who have obtained their qualification from registered private higher education institutions may not be given an opportunity to practice.’
The court’s statement at para 46 relating to the effect of s 26(1)(a) of the LPA is of singular importance, that is, ‘of limiting the entry into the profession to the LLB degree obtained from a university, when there is no material distinction between what is offered by a university and that offered by the applicant, cannot be said to be anything but arbitrary.’ The court concluded that s 26(1)(a) of the LPA limited the rights of the applicant and its LLB students.
The further inquiry examined whether the limitation of the rights under ss 9, 22 and 29(3) of the Constitution were justifiable under s 36, as the court had found that the distinction created by s 26(1)(a) of the LPA between LLB degrees in public universities and those from the IIE created an unnecessary and unjustifiable limitation to entry into the profession and consequently found the provisions of s 26(1)(a) to be unconstitutional and invalid.
The court order further stipulated that students who graduate with an LLB degree offered by the IIE after 1 January 2018, are as qualified to enter the practice of the legal profession as the graduates from public universities in South Africa.
As Sibiya AJ’s judgment involved the invalidation of a provision in parliamentary legislation it is required that the Constitutional Court must in terms of s 167(5) ratify or confirm the invalidation.
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ADvTECH Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) JSE code: ADH ISIN: ZAE000031035 (“ADvTECH” or “the group”) VOLUNTARY TRADING STATEMENT FOR THE YEAR ENDED 31 DECEMBER 2025 The board hereby advises on its expectations of the financial results for the year ended 31 December 2025. Basic normalised earnings per share (“NEPS”), Basic headline earnings per share (“HEPS”) and Basic earnings per share ("EPS") for the year ended 31 December 2025 are expected to be between 14% and 19% higher than the comparative reporting period for the year ended 31 December 2024 ("the comparative period") or between 229.9 and 241.0 cents per share as compared to NEPS of 202.5 cents, HEPS of 202.2 cents per share and EPS of 201.7 cents per share for the comparative period. The group reports NEPS as a way of excluding the effect of one-off transactions and corporate action costs from its results. The financial information on which this trading update is based on has not been reviewed or audited by the group’s external auditors. 2026 student enrolment is on track and continues to grow in line with recent trends. ADvTECH expects to release results for the year ended 31 December 2025 on the JSE’s Stock Exchange News Service on or about Monday, 23 March 2026. 5 March 2025 Johannesburg Sponsor: Bridge Capital Advisors Proprietary Limited
The indoor sports facility at the Emeris Nelson Mandela Bay mega campus in Gqeberha
In a significant recognition of its leadership in sustainable education, ADvTECH - Africa's leading private education provider - has been honoured for exceptional environmental stewardship at the Wildlife and Environment Society of South Africa (WESSA) Centenary Awards. Celebrating a century of inspiring environmental action, education, and advocacy under the motto “People Caring for the Earth”, WESSA acknowledged ADvTECH's deep integration of the Eco-Schools South Africa programme for its unparalleled scale and impact. “As WESSA marks 100 years of environmental leadership, partnerships like the one we share with ADvTECH remind us why environmental education remains one of the most powerful tools for long-term change,” says WESSA CEO Cindy-Lee Cloete. “When 42 schools within a single education group commit to environmental stewardship, the ripple effect extends far beyond the classroom into homes, communities and ultimately into the future leadership of this country.” At the awards ceremony on February 27, 37 ADvTECH schools received Silver Awards status, which celebrates two years of WESSA collaboration, and the schools below have shown their lasting dedication by participating in environmental initiatives and raising awareness. Trinityhouse, Little Falls: Gold status (4 yrs.) Crawford International School, Sandton: Platinum 2 status (7 yrs.) Tyger Valley College: Bronze Decade status (12 yrs.) Pinnacle College, Ridge View: Green Flag Decade status (13 yrs.) Pecanwood College: Platinum Decade 2 status (17 yrs.) Additionally, also recognised for submitting the most eco-snippets All of the ADvTECH participating schools achieved full assessment letters for their submitted portfolios of evidence, with scores ranging from 70% - 98%. Top achieving schools were: Crawford International School, La Lucia Maragon Olympus, Faerie Glen Crawford International School, Sandton Crawford International School, Lonehill Abbots College, Northcliff Additionally, ADvTECH received a Partnership Award in recognition of its outstanding and unique contribution to environmental stewardship. “It has been another incredible year working closely with the WESSA champions at our schools, as well as the dedicated WESSA team. Throughout 2025, we witnessed some of the most inspiring and comprehensive portfolios of evidence ever submitted, reflecting not only commitment but also genuine passion for environmental stewardship and sustainability. The quality, creativity, and consistency demonstrated by our champions have set a remarkable standard and continue to inspire positive change within their school communities,” says Krystal Munian, Academic Advisor and WESSA Lead. “We extend our sincere gratitude to every champion and the school teams for their phenomenal hard work, perseverance, and dedication to advancing the project’s goals. And we are excited about the year ahead and look forward to building on this momentum through new activities, innovative initiatives, collaborative projects, and continued growth across all participating schools.”
In an era where AI and digital tools are reshaping classrooms daily, the quality of teaching has never been more critical to student success. Research consistently shows that high-quality teacher training and professional development are among the most powerful factors influencing student achievement. Recognising the importance of high quality teacher development, ADvTECH, Africa's leading private education provider, has made significant investment into its SIRIUS teacher training platform. And in a major milestone, several SIRIUS programmes have now been accredited by the South African Council for Educators (SACE). This accreditation ensures that educators gain high-quality, compliant professional development that counts toward their mandatory Continuing Professional Teacher Development (CPTD) points, while equipping them with practical, future-ready skills. “The SACE endorsement reinforces ADvTECH’s unwavering commitment to continuous professional growth, positioning our teachers and lecturers as confident leaders in educational innovation across South Africa and the continent. By investing in nationally recognised, high-impact development, ADvTECH ensures that great teaching remains the foundation of outstanding student outcomes,” says Darren Purdon, Academic Project Manager at ADvTECH’S Academic Centre of Excellence. “Through SIRIUS, our teachers and tertiary lecturers access targeted training in areas like AI in Education, prompting techniques for smarter lesson planning, data literacy to drive evidence-based decisions, digital citizenship, and more. These SACE-endorsed offerings bridge the gap between emerging technologies and everyday classroom excellence, empowering educators to personalise learning, boost engagement, and prepare students for a rapidly changing world.” STAYING ON TOP OF TECH EVOLUTION SIRIUS currently has 96 courses and 63 podcasts, and offers a growing suite of AI‑aligned programmes designed to enhance digital fluency, promote innovative pedagogy, and position ADvTECH schools at the forefront of future‑ready learning. Key AI‑focused offerings on SIRIUS include: AI in Education Helping teachers understand AI’s role in learning, assessment, personalisation, and efficiency. Introduction to AI Prompting: Foundational Skills for Teachers Empowering educators with practical prompting techniques to enhance teaching, planning, and curriculum design. Data Literacy for Teachers Building confidence in using data to inform instructional decisions, track learner progress, and support evidence‑based teaching. “These courses equip teachers with the knowledge and skills necessary to confidently harness AI tools, improve learner engagement, and prepare students for a world where digital literacy is essential,” Purdon says. WHY SACE ACCREDITION MATTERS A SACE‑accredited course provides teachers with: Quality assurance that the programme meets national standards and contributes meaningfully to professional competence. Professional Development (PD) Points toward the mandatory 150 points required every three years, ensuring compliance with CPTD cycles. Reduced administrative burden, as SIRIUS submits PD points directly on teachers’ behalf. Credible, high‑impact learning that strengthens professional portfolios and supports career progression. Alignment with national priorities, ensuring ADvTECH educators remain current with evolving curriculum demands and pedagogical expectations. “SACE endorsement reinforces that ADvTECH’s professional development is not only relevant, but nationally recognised for excellence, ensuring alignment with South Africa’s highest standards for teacher professionalisation and quality assurance in education. “High-quality teacher development remains the single most powerful lever for improving student outcomes, equipping educators with the skills, confidence, and innovative approaches needed to inspire learning and close achievement gaps, making investments like SIRIUS essential to sustaining educational excellence and long-term success across South Africa and the continent.”
Gaborone, February 20, 2026 — Gaborone International School (GIS) today unveiled its new logo and brand identity, celebrating a significant milestone in the school’s growth and development in recent years. The launch forms part of a unified brand identity introduced across schools within the ADvTECH International Group, and strengthens the GIS positioning within the ADvTECH International family while reinforcing its leadership in delivering high-quality private education in Botswana. The new visual identity aligns Gaborone International School and Makini Schools (in Kenya) under a single designed logo, while each school retains its individual name, heritage, and local character. This honors the school's solid historical foundation while firmly positioning it for future excellence. “Over the past decade, GIS has undergone significant transformation across its academic programmes, facilities, and staff development. The refreshed logo reflects this future-focused journey and reinforces the school’s commitment to accessible, high-quality education rooted in strong values and academic leadership,” says Horace Mpanza, ADvTECH Regional Managing Director. The rebrand reflects GIS’s sustained growth, ambition, and unwavering commitment to preparing learners for a rapidly changing world, while remaining firmly rooted in its refreshed values of integrity, growth, excellence, and generosity of spirit. Since it acquired GIS in 2015, ADvTECH has invested millions into state-of-the-art infrastructure such as a modern Science and Technology Centre while expanding the pre-school and primary facilities, enhancing sports amenities, and the integrating advanced technology across the learning ecosystem. This includes the adoption of ADvLEARN and Guided Readers, AI-enabled platforms that deliver personalized, adaptive education in line with global best practice. “The refreshed brand identity aligns with our long-term vision to deepen the impact of GIS in Botswana’s education sector and the country’s wider economic prosperity. This milestone enhances GIS’s recognition as part of Africa’s leading private education provider, and supports its mission to drive innovation and student achievement to empower Botswana’s next generation of global citizens,” says Mpanza. SIGNIFICANCE OF THE NEW LOGO The school's culture has been characterised by five timeless motifs that are included in the new emblem: The Book , representing academic excellence The Torch and Flame , symbolising inspiration and leadership The Pillar , reflecting strength and stability The Laurel Wreath , denoting achievement and honor The Shield , standing for tradition and security Together, these elements affirm the school’s promise to deliver quality education while remaining grounded in tradition.
Nairobi, February 17, 2026 – Makini Schools will officially unveil its refreshed brand identity on Friday, February 20, 2026, marking a strategic evolution that strengthens its unified positioning and reinforces its leadership and credibility in the African education sector. The rebrand reflects Makini’s continued growth, ambition, and commitment to preparing learners for a rapidly changing world, while remaining firmly anchored in its values of integrity, growth, excellence, and generosity of spirit. While the visual identity has been modernised, the name Makini Schools remains unchanged, underscoring the institution’s confidence in its heritage and enduring legacy. At the centre of the refreshed identity is a new logo that symbolises confidence, clarity, and future-readiness. The new brand will be implemented across Makini Schools in Kenya and extended to other ADvTECH International schools across Africa, including Gaborone International Schools in Botswana. “This rebrand represents a strategic evolution of Makini Schools,” said Horace Mpanza, Regional Managing Director, Makini Schools. “While our visual identity has been refreshed, our name, our commitment to quality education remains unchanged. This new identity reflects who we are today and where we are headed as we continue shaping future-ready learners.” The refreshed brand builds on a sustained period of growth and investment. Makini Schools recently acquired Regis School, now rebranded as Makini Schools Runda. We have also strengthened our holistic offering through major investment in sports. We launched upgraded sports facilities at our Ngong Road and Kisumu campuses after investing over KSh 100 million. Across the institution, we continue to invest in modern sports and academic infrastructure, as well as digital learning tools that enhance instruction. This includes ADvLEARN, our AI enabled personalised learning platform, teacher laptops, and classroom projectors, all designed to support better teaching and stronger learner outcomes. Commenting on the role of technology in education, Mr. Mpanza emphasised the importance of preparing learners for an evolving labour market. “Artificial intelligence will undoubtedly change the nature of work, but it will also create new pathways that demand higher-order thinking, creativity, and adaptability. Our learners must be prepared for jobs and opportunities that may not yet exist.” Founded on the principle of delivering accessible, high-quality education, Makini Schools has built a strong reputation for nurturing well-rounded learners grounded in academic excellence, discipline, and strong values. The refreshed brand identity aligns with the institution’s long-term strategic vision to strengthen its presence across Africa and enhance recognition as it continues to scale. The announcement was made at a media roundtable held on Tuesday, February 17, where Makini leadership engaged education and business journalists in a broader discussion on the evolution of Kenya’s education system. The session underscored the critical role private schools play in shaping national education outcomes and emphasised the need for continued collaboration between private institutions, government, educators, and other stakeholders to strengthen implementation, drive innovation, and enhance learner readiness across the sector. “Our heritage is our foundation,” added Mr. Mpanza. “This rebrand honours our past while boldly positioning Makini for the next generation of learners.”
With all the start-of-the-year activities, ceremonies and celebrations now out of the way, the serious business of the Matric Class of 2026’s journey towards their final exams has now arrived. This year can feel overwhelming, not just for students, but for parents too, who often feel as though they are writing matric alongside their children. “Whether students are aiming for university entrance, considering a gap year, or simply focused on finishing strong, the culmination of twelve years of education comes down to the NSC results for which they will sit later this year,” says Darren Purdon, Academic Project Manager: Academic Centre of Excellence at ADvTECH and The IIE. “Matric is a year filled with excitement and responsibility. Many students take on leadership roles, plan their matric farewells, and prepare for valediction services. These events are memorable, but they also add to the pressure of maintaining strong academic performance. Mental health becomes a crucial factor, as students juggle multiple responsibilities and expectations,” he says. But, to start the year on the right foot, it is imperative for students to set clear academic goals. “APS scores are vital for university entrance, so students must understand the requirements and track their progress consistently. Parents can support this by creating a tracking sheet and having regular discussions with their child about their marks. These conversations should be constructive, offering motivation and support where needed,” says Purdon. Planning is essential to avoid burnout, he adds. “A monthly planner that includes all assessments and portfolio deadlines helps students stay organised. Establishing a study routine early in the year, with consistent daily habits, is far more effective than last-minute cramming. Using a wall planner or digital app to mark exam dates and assignment deadlines can make a big difference.” Portfolio pieces play a significant role in the final NSC mark. Students should aim to submit their best work and take advantage of opportunities to revise and resubmit tasks. Engaging with teachers for feedback is key. However, students must be cautious of plagiarism. While tools like ChatGPT and Microsoft Copilot are excellent for research, they should not be used to generate final submissions. Plagiarised work will be discarded and penalised, which can negatively impact results. “Many subjects allow students to select their highest-scoring portfolio pieces. This flexibility can be a strategic advantage if assessments are approached with preparation and effort. Starting assignments early allows time for reflection and improvement, leading to better outcomes. Students should reach out to teachers for guidance and use feedback to refine their work,” Purdon says. Very importantly, mental wellbeing must be prioritised throughout the year. Encourage short, focused study blocks followed by breaks, and promote healthy habits like regular exercise, balanced nutrition, and sufficient sleep. Stress management techniques such as journaling, breathing exercises, or short walks can help students stay grounded. Pressure is normal, the key is learning to manage it effectively. Thought Life Orientation is an after-thought? Think again. “Life Orientation is often overlooked, yet it can influence university residence applications. It’s a task-driven subject, making it easier to excel with proper planning and effort. Aim for a distinction, it’s achievable,” says Purdon. Active learning strategies such as summarising notes, teaching concepts aloud, using flashcards, and practising with past papers are highly effective. “Previous NSC papers are invaluable for understanding question formats and expectations. These resources are freely available online and should be printed and organised in subject-specific folders for easy access. “After each test, students should reflect on their performance: What went well? What needs improvement? This feedback loop is essential for growth. Taking notes in class and creating study summaries from day one will make exam preparation easier. Avoid studying late at night before assessments, and plan ahead to reduce anxiety and improve retention.” Reviewing Grade 11 content in key subjects like Mathematics, Physical Sciences, and Languages is also important. Study groups and peer tutoring can reinforce understanding, and regular check-ins with teachers or mentors can help identify and address challenges early. Focus on now, but also strategise the future. While the Matric year brings countless demands on your time and energy, planning your post-Matric path is equally crucial - especially if you plan to pursue further studies, Purdon says. “Start exploring your options right from the beginning of the year by thoroughly investigating all available pathways. Attend Open Days at as many public and private universities as possible to gain firsthand insight into campuses, programmes, and facilities. By acting proactively and keeping an open mind to the full range of possibilities, you'll reduce stress, make more informed decisions, and position yourself for a smoother, more successful transition into higher education.” This final year of school is not just about academics, it’s about balance, planning, and making the most of every opportunity. With the right support and mindset, students can thrive and finish strong, while hopefully reducing stress and anxiety, says Purdon. “Above all, students should remember to enjoy their final year of school. It’s a year filled with milestones and celebrations, and it passes quickly. Embrace the journey, plan wisely, and make the most of every moment.”
Emeris Sandton officially opened its doors on Wednesday, 3 February in what has come to be known as the richest square mile in Africa, bringing a state-of-the-art mega campus to the heart of Johannesburg. The R420 million, 47,000-square-metre campus represents one of the largest private investments in tertiary education in Gauteng, signalling a strong vote of confidence in the future of South African talent development. This landmark development marks the consolidation of The Independent Institute of Education’s Varsity College Sandton and IIE Vega School Bordeaux under one roof, now operating as Emeris and The Vega School at Emeris Sandton. With the opening of this new campus, Emeris now operates ten contact campuses and one online centre across South Africa’s major metropolitan areas. Emeris educated approximately 30,000 students in 2025.
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