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 In this regard, it should be noted that the 1979 Act has subsequently been repealed in its entirety by the Legal Practice Act 28 of 2014 (LPA), which came into effect on 1 November 2018 and
s 2(1) of the 1979 Act has been replaced by s 26(1) of the LPA.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.
Advtech Updates
In April, Advtech was represented at the Reggio Emilia International Conference in Italy, represented alongside delegates from 47 countries and more than 360 participants from across the globe. This gathering offered a powerful opportunity to engage deeply with the Reggio Emilia philosophy at its source and to reflect on its relevance and resonance within Advtech schools. The Reggio Emilia approach, particularly within the Early Years (infant, toddler, preschool, and primary phases), is grounded in the belief that children are capable, curious, and rich in potential. It offers inclusive learning environments that support students’ wellbeing, encourage meaningful social interaction, and foster a strong sense of belonging. Central to this approach is a shared responsibility to the community, one that embraces diversity, promotes collaboration, and nourishes a creative culture for teaching and learning. At the heart of the Reggio Emilia approach lies the understanding that education is not self-sufficient. Learning does not happen in isolation; it emerges through resources, experiences, theories, dialogue, and relationships. Children do not learn by themselves, but through interaction with others and through engagement with thoughtfully designed environments. As a result, classroom spaces are intentionally equipped to reflect what is being taught, ensuring that the environment itself becomes an active participant in learning, often referred to as the “third teacher.” Advtech’s Early Years approach aligns strongly with this philosophy, where the “Hundred Languages of Children” is deeply valued. This metaphor, introduced by Loris Malaguzzi, recognises that children express their thinking, understanding, and creativity in many different ways, through art, movement, speech, construction, play, and inquiry. Children are seen as natural researchers who explore ideas through encounters with peers, materials, and experiences. Through thinking, acting, listening, and questioning with curious minds, they co-construct knowledge together. Accessible, everyday materials, such as paper, natural objects, and recycled resources play an important role in these learning experiences. These materials invite creativity, exploration, and critical thinking. Students engage in practices such as observational drawing, while teachers carefully document learning through photographs, notes, and displays. Documentation makes thinking visible and honours children’s learning journeys, allowing reflection for both learners and educators. A key principle of the Reggio Emilia approach is seeing each child as an individual with rights, resulting in personalised learning being evident in every classroom. The teacher’s role shifts from instructor to guide, listener, and co-learner, creating space for each child’s voice to be heard. As Loris Malaguzzi, founder of the Reggio Emilia approach, famously stated: “There is no learning without joy.” Learning, therefore, should be joyful, playful, and filled with discovery. Children should experience learning as pleasurable, stimulating, and meaningful. Visiting Reggio Emilia schools demonstrated how this philosophy comes alive through rotational group teaching, flexible learning environments, and classroom spaces that change in response to children’s interests and inquiries. Importantly, learning in Reggio Emilia is a collective journey. Teachers, teaching assistants, and support staff all play an integral role in nurturing each child’s development. Even at a young age, children are encouraged to engage in research, which supports divergent thinking and honours the fact that no two learners are the same. Listening carefully to children’s ideas and theories becomes a fundamental act of respect.
Advtech Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“Advtech” or “the Company”) DEALINGS IN SECURITIES BY DIRECTORS, A DIRECTOR OF A MAJOR SUBSIDIARY, PRESCRIBED OFFICERS AND THE GROUP COMPANY SECRETARY In terms of paragraphs 6.77 to 6.90 of the JSE Limited Listings Requirements (“JSE Listings Requirements”), the following transactions, in respect of which prior written approval pursuant to paragraph 6.83 of the JSE Listings Requirements have been obtained, is hereby disclosed.
Advtech Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“Advtech” or “the Company”) Dealings in securities by the Advtech Management Share Incentive Plan 2026 (“MSI scheme”) In compliance with paragraphs 6.77 – 6.90 of the JSE Limited Listings Requirements the following information is disclosed in respect of dealings in Advtech securities by the MSI Scheme:
Advtech Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“the Company” or “Advtech”) PUBLICATION OF ANNUAL INTEGRATED REPORT, NO CHANGE STATEMENT, NOTICE OF VIRTUAL ANNUAL GENERAL MEETING, AND AVAILABILITY OF B-BBEE COMPLIANCE CERTIFICATE Publication of Annual Integrated Report Shareholders are advised that the Advtech 2025 Annual Integrated Report (“Integrated Report”) and the Environmental, Social and Governance (“ESG”) Report have been published today. Electronic versions of the Annual Financial Statements for the year ended 31 December 2025 (“AFS”) and Ernst & Young Incorporated’s unqualified audit report are available on the Company’s website at: https://www.groupadvtech.com/financial-results and on the JSE Cloudlink at: https://senspdf.jse.co.za/documents/2026/JSE/ISSE/ADH/AFSYE2025.PDF The Integrated Report and ESG Report are available on the Company’s website at www.groupadvtech.com No Change Statement The consolidated AFS contain no modifications to the financial information published on SENS on 23 March 2026. Notice of Virtual Annual General Meeting Notice is hereby given that the virtual annual general meeting (“AGM”) of shareholders of the Company will be accessible on an interactive electronic platform, in order to facilitate participation and voting by shareholders, as permitted by the JSE Limited, the provisions of the Companies Act and the Company's Memorandum of Incorporation, on Wednesday, 27 May 2026 at 10h00, to consider and, if deemed fit, to pass with or without modification all of the ordinary and special resolutions set out in the notice of AGM to be distributed to shareholders on or before 21 April 2026. To this end, the Company has retained the services of The Meeting Specialist Proprietary Limited (“TMS”) to host the AGM on an interactive electronic platform, in order to facilitate participation and voting by shareholders. Our transfer secretaries, JSE Investor Services Proprietary Limited, will act as scrutineer. Shareholders who wish to participate in and/or vote at the AGM are required to contact TMS on proxy@tmsmeetings.co.za or alternatively contact them on 081 711 4255 / 084 433 4836 / 061 440 0654 as soon as possible, but in any event no later than 10h00 on Monday, 25 May 2026. Shareholders are strongly encouraged to submit votes by proxy before the meeting. If shareholders wish to participate in the AGM, they should instruct their Central Securities Depository Participant (CSDP) or Broker to issue them with the necessary letter of representation to participate in the AGM, in the manner stipulated in their custody agreement. These instructions must be provided to the CSDP or broker by the cut-off time and date advised by the CSDP or broker, to accommodate such requests. SALIENT DATES The record date for the purposes of determining the shareholders of the Company entitled to receive the AGM notice is Friday, 10 April 2026. The record date for purposes of determining which shareholders of the Company are entitled to attend, participate in, and to vote at the AGM is Friday, 22 May 2026. Accordingly, the last date to trade in the Company’s shares on JSE Limited in order to be eligible to attend, participate in and vote at the AGM is Tuesday, 19 May 2026. AVAILABILITY OF B-BBEE COMPLIANCE CERTIFICATE In compliance with paragraph 12.7(g) and Appendix 1 to section 6 of the JSE Listing Requirements, shareholders are advised that the Company’s annual compliance certificate in terms of section 13G(2) of the Broad-Based Black Economic Empowerment Amendment Act, No 46 of 2013, is available on the Company’s website at https://www.groupadvtech.com . 21 April 2026 Johannesburg Sponsor: Bridge Capital Advisors Proprietary Limited
Choosing a school for your child will be one of the most complex and consequential decisions parents will ever make. When parents choose a school for their child, the decision is often shaped by immediate needs: convenience, reputation, or results in the senior years. Yet schooling is not a short-term decision. It is one of the longest and most formative investments a family will ever make, stretching over 12 to 15 years or more, from early childhood development through to Matric and further study. Darren Purdon, Head of Advtech Schools Academics, says the real value of education lies not in isolated moments of achievement, but in the intentional construction of learning over time, and that parents should approach their child’s educational journey intentionally, from start to finish. “Education depends on interconnected building blocks, each phase deliberately designed to prepare learners for the next,” he says. Parents should therefore carefully consider the elements that underpin a successful, lifelong educational journey before making this important decision. FOUNDATIONS MATTER Learning does not begin in Grade 1. It starts far earlier, in Grade 000 and Grade 00, where children develop the cognitive, social, emotional, and language skills that will underpin their entire academic journey, Purdon says. “When these early years are thoughtfully planned, children are more likely to arrive in the Foundation Phase confident, curious, and ready to learn. When they are not, gaps emerge that can widen over time. If the foundations are secure, progress accelerates, as we see in our Advtech Schools where we utilise international best practices and benchmarks to personalise early learning.” THE IMPORTANCE OF BELONGING Academic success is deeply connected to emotional safety and a sense of belonging. Children learn best when they feel comfortable at school, when they feel seen, supported and happy. And when teachers are supported, engaged, and professionally fulfilled, that sense of wellbeing naturally filters into the classroom. When students are excited about going to school, engagement increases, persistence improves and learning deepens. Social and emotional learning and supportive classroom environments with caring teachers underpin deep learning. Advtech schools include experienced psycho-social specialists to continually ensure teachers are upskilled in managing diverse classrooms. RESPONSIVE TEACHING AND TECH Effective education is not defined by what has been taught, but by what has been learned. “At Advtech schools, there is a growing shift toward instructional models that prioritise responsiveness. If learners have not grasped a concept, the expectation is not to move on regardless, but to re-teach using different strategies until understanding is achieved,” Purdon says. Additionally, technology has become a powerful enabler of this responsiveness, but not as a replacement for teachers. “AI-assisted tools, and classroom digital platforms such as Advlearn, increasingly act as classroom assistants, helping teachers identify learning gaps quickly and accurately. These tools provide insight into where students are struggling, allowing teachers to personalise support and adjust instruction accordingly.” INTENTIONAL SUBJECT PATHWAYS Consistency and coherence across subjects are another critical component of long-term value creation in education. “Take Mathematics as an example. Mathematical competence is not built in isolated units or single phases, it requires a carefully sequenced programme that develops conceptual understanding, fluency and confidence year after year,” says Purdon. “An intentional approach ensures that each phase prepares students for what follows, creating a golden thread that runs from early numeracy through to advanced problem-solving in the senior years. Gaps are far harder to close when this thread is broken.” The same principle applies across subjects: literacy, science, languages, and beyond. “Strategic curriculum alignment therefore ensures that learning compounds rather than resets each year, and parents should keep this in mind when strategising their child’s educational journey.” CHOOSING A SCHOOL WITH THE LONG VIEW For parents, the key question should not only be “Is this a good school now?”, but rather “Is this a school that understands the full journey, as well as understands where my child excels and needs support in each subject?” “Advtech Schools value long-term academic growth, student wellbeing, teacher development, and intentional curriculum design offers far more than short-term results. It offers continuity, stability, and a clear vision of success from the earliest years through to matric,” Purdon says. “And in an education landscape that continues to evolve, the most trusted institutions are those that recognise schooling not as a series of isolated years, but as a curated journey, using regular academic data to personalise learning and shape student success for life.”
Advtech Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“ Advtech ” or “ the Group ”) DEALINGS IN SECURITIES BY A DIRECTOR In compliance with paragraphs 6.77 to 6.90 of the JSE Limited (“ JSE ”) Listings Requirements, the following transaction relating to dealings by a director is hereby disclosed pursuant to the provisions of the ADvTECH Management Share Incentive Scheme (“ MSIS ”). As set out in the SENS announcement published on 6 May 2025, the director had been awarded 730 459 shares in terms of his employment contract, which shares ceased to be forfeitable vested on 1 May 2025 and were subsequently committed by the director to be held in escrow for a period of 12 months towards meeting his minimum shareholding requirements in terms of the Minimum Shareholding Requirement (“ MSR ”) Policy of the Group. The director has on 8 April 2026 re-committed the aforementioned shares to be held in escrow for a further holding period of 12 months towards meeting his minimum shareholding requirements in terms of the MSR Policy of the Group.
Key to increasing access to quality education
Advtech Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“Advtech” or “the Company”) DEALINGS IN SECURITIES BY THE ADVTECH MANAGEMENT SHARE INCENTIVE PLAN 2026 (“MSI Scheme”) In compliance with paragraphs 6.77 – 6.90 of the JSE Limited Listings Requirements the following information is disclosed in respect of dealings in Advtech securities by the MSI Scheme:
ADvTECH Limited (Incorporated in the Republic of South Africa) (Registration number 1990/001119/06) Share code: ADH ISIN: ZAE000031035 (“ADvTECH” or “the Company”) DEALINGS IN SECURITIES BY THE ADVTECH MANAGEMENT SHARE INCENTIVE PLAN 2026 (“MSI Scheme”) In compliance with paragraphs 6.77 – 6.90 of the JSE Limited Listings Requirements the following information is disclosed in respect of dealings in ADvTECH securities by the MSI Scheme:
Double digit revenue growth and margin improvement deliver a 17% increase in earnings
