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 In this regard, it should be noted that the 1979 Act has subsequently been repealed in its entirety by the Legal Practice Act 28 of 2014 (LPA), which came into effect on 1 November 2018 and
s 2(1) of the 1979 Act has been replaced by s 26(1) of the LPA.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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Deputy Minister for Higher Education and Training, Dr Mimmy Gondwe, kicked off sector-wide engagements by meeting Advtech’s senior leadership at Emeris’ Sandton campus on Monday, 8 June 2026. This follows her recent address at Advtech’s Rosebank International brand launch. The aim of these engagements is to recognise and collaborate with private institutions that positively contribute to the Post-School Education and Training sector. Advtech’s senior leadership discussed opportunities for public-private partnerships, including leveraging the agility of the private sector to widen access for students to quality education. During the visit, Dr Gondwe spent time with Emeris students and toured the campus’ world-class facilities, including its state-of-the-art sports centre. Said Dr Gondwe prior to the visit, “The conversation can no longer be about whether private higher education institutions have a role to play; that question has long been settled; the focus now is on collaborating more effectively and responsibly to ensure that higher education supports national development and inclusive economic growth.” “Advtech welcomes our positive recent engagements with Dr Gondwe. We look forward to collaborating with her department going forward and appreciate her commitment to finalising the process that will enable Emeris and Rosebank International to finally achieve university status,” said Geoff Whyte, Group CEO of Advtech.
Play should sit naturally in early childhood education, as it reflects how young children come to know themselves, others and the world. Yet too often, play is the very space that requires the most protection. This tension usually arises from a culture that prioritises early academic achievement and holds the belief that accelerating formal learning guarantees future success. When children are rushed or pressured into formalised academic outcomes too early, short-term gains may be visible for some, but the long-term cost can be significant, an education expert says. “Play is not separate from learning, it is the medium through which learning becomes possible,” says Lynda Eagle, Advtech Schools Specialist: Early Years Phase. “Early learning that prioritises performance over understanding risks weakening curiosity, motivation and wellbeing. Strong foundations are built not through acceleration, but through experiences that nurture thinking, communication, collaboration, and joy - conditions that sustain lifelong learning.” Eagle explains that children engage with play in ways that reflect their own pace, interests and needs. “It provides space for difference and diversity while offering opportunities for connection and shared experience. Importantly, play supports emotional regulation and prepares children for future learning by strengthening the foundations required for inquiry, reflection and participation in real-world contexts.” Play and responsiveness are often described as abstract concepts, yet they require intentional commitment from both educators and families, says Eagle. “Responsiveness asks adults to understand the value of play and to reflect on their role within it: how they observe, when they intervene, how they extend thinking and how they remain present without directing or interfering. By engaging in careful observation and thoughtful support, adults come to know children more deeply, including learning about their interests, strengths and emerging identities. “It also plays a big role in building key life skills - things like thinking deeply or critically, solving problems, working with others, communicating effectively and self-management. When children play, they’re constantly exploring new ideas, testing their theories, inventing solutions and figuring out how the world works. Along the way, they learn to take manageable risks and handle challenges. And, very importantly, to stick with things even when they’re difficult, which gradually builds their confidence and a real mindset for growth.” PLAY AND RESPONSIVENESS – IMPORTANCE OF PARTNERSHIPS Partnerships between families and educators are central to this work, Eagle says. “Together, they can create learning experiences that balance freedom and structure, offering both flexibility and clear boundaries. This balance provides children with emotional safety while teaching respect for themselves, for others and for the environment. Such stability supports the development of empathy, resilience and perseverance.” Within these conditions, children form relationships, make connections, and gradually become independent learners. They develop conceptual understanding and learn to reason, transfer knowledge, and apply ideas in new contexts, moving from concrete experience toward more abstract thinking. “Any tension between our aspirations for children and our understanding of play and responsiveness deserves careful reflection,” Eagle warns. “When adults deepen their understanding of why play matters and how responsiveness supports learning, they are better positioned to guide children with intention and trust. Ultimately, early learning is not only about what children know, but about how they think, how they relate to others, and how they come to see themselves in the world, a world full of possibility.”
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Dr Wendy Mahoney has made history as the first PhD graduate of The Vega School at Emeris and as the first recipient of the school’s Black Pencil Award for Excellence. She was recently conferred the qualification IIE Doctor of Philosophy in Brand Leadership at The Vega School at Emeris Umhlanga’s Class of 2025 graduation ceremony. Reflecting on receiving her PhD after a three year part-time journey, Dr Mahoney described the moment as deeply emotional and meaningful. “This is the most incredible feeling. I am deeply honoured, blessed and grateful to every single person who cheered me on,” she said. “It was such a profound moment for me because The Vega School at Emeris has been such an intricate part of my personal journey. What made the occasion even more meaningful was the immense pride I felt in the room for this achievement. It was not just my achievement - it was our achievement”. Dr Carla Enslin (Dean of the Postgraduate & Research Centre at Emeris) said the launch of the IIE Doctor of Philosophy in Brand Leadership in 2021 was a significant moment for The Independent Institute of Education (IIE) and for The Vega School at Emeris. “It’s a first of its kind qualification and breaks new ground both locally and internationally,” she said. “The PhD purposefully produces original frameworks, original models, creative insights to innovative and meaningful brand building. We expect our PhD graduates to be the individuals advancing the values-based leadership that grows an organisational culture and the practises that transform communities, businesses, environments,” continued Dr Enslin.
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Access to higher education remains one of South Africa’s most powerful tools for social mobility, economic growth, and national development. For many young people - especially first-generation students - it represents the chance to break cycles of poverty and build better futures for themselves and their families. While it is estimated that between 30-40% of qualifying students can’t access higher education for various reasons annually, simply opening the doors of higher learning to more young people is not enough, an education expert says. Peter Kriel, Executive: Operations at Advtech and The IIE ’s Academic Centre of Excellence, says access and quality must go hand in hand: “True access means creating opportunities for students to enter higher education, thrive within it, graduate with the skills and confidence needed to build meaningful careers.” He says there are five practical ways for South African higher education institutions to expand access while supporting student success: 1) Develop multiple entry pathways Traditional admission routes exclude many talented students whose school backgrounds may not fully reflect their potential. Institutions can widen participation by offering foundation programmes including higher certificates, extended curriculum streams, bridging courses and alternative admission pathways. These flexible entry points acknowledge that academic readiness is not equally available across all communities. By providing targeted academic preparation, institutions can identify and nurture talent that might otherwise be left behind, without lowering standards. “Widening participation is not about lowering academic standards, but rather about creating appropriate pathways that enable students to reach those standards,” says Kriel. 2) Strengthen transition support programmes The jump from school to higher education is often daunting. Students face new academic demands, greater independence, and the need for advanced analytical skills. Strong orientation programmes, first-year experience initiatives and structured academic skills workshops help ease this transition. Proactive support in the critical first year significantly improves retention and builds the foundation for long-term success, notes Kriel. 3) Invest in academic development initiatives Ongoing support is essential. Tutoring services, writing centres, peer-assisted learning programmes, dedicated academic development resources help students bridge knowledge gaps and build confidence. These initiatives are particularly valuable for students navigating higher education for the first time in their families, turning potential struggles into opportunities for growth. 4) Use data to identify at-risk students early Institutions should harness student success analytics to spot challenges before they become crises. Early warning systems allow for timely interventions - whether through additional tutoring, counselling, or personalised support. “Proactive data-driven approaches dramatically improve completion rates and ensure that expanded access translates into actual graduate outcomes,” says Kriel. 5) Create inclusive and adaptive learning environments Students succeed best when they feel they belong. Inclusive campuses that respect diversity, foster connection, and value different backgrounds help students engage fully with their studies. AI and adaptive technologies further enhance this by enabling personalised learning pathways - adjusting content, pace, support in real time to match each student’s unique needs, learning style and progress. Feeling respected and supported by lecturers and peers, ensures increased persistence and chances for success. BROADER IMPACT AND SHARED RESPONSIBILITY When students complete their qualifications, the benefits multiply, says Kriel. “Graduates access better employment, develop critical thinking and professional skills, and often become role models who inspire the next generation. This creates a powerful ripple effect: stronger families, more skilled communities and broader economic growth.” Students also have a key role to play. Actively using available support services, building good study habits, managing time effectively, engaging with lecturers, staying curious can make a significant difference, he advises. At the same time, institutions must recognise that many students enter higher education while dealing with financial pressure, family responsibilities, or personal challenges. Support systems therefore need to be visible, accessible and proactive - reaching students before they have to ask for help. “Expanding access to quality higher education is one of South Africa’s greatest opportunities for meaningful change. This means not simply increasing enrolment numbers, but an active strategy to unlock human potential, enabling individuals to contribute meaningfully to their communities and the broader economy.”
New name and visual identity prepare the way for university status and further rapid growth
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source. One of the most important expectations placed on higher education today is that it prepares students for successful careers. While intellectual development remains central to the mission of universities, students increasingly seek - rightly so - educational experiences that provide clear pathways into professional life. Career-focused education, therefore, plays a vital role in connecting academic learning with the practical realities of the workplace. Peter Kriel, Executive: Operations at The Independent Institute of Education , says for this reason, it is incumbent on universities to actively strengthen the link between learning and employability. “Students enter higher education with the hope that their qualifications will enable them to build meaningful careers,” he explains. “Institutions therefore have a responsibility to ensure that academic programmes provide both theoretical depth and opportunities for practical application.” Career-focused education does not diminish the intellectual value of higher education. Rather, it enhances it by ensuring that academic knowledge can be applied to real-world contexts. “In today’s economy, employers seek graduates who can demonstrate both subject knowledge and practical capabilities. Skills such as teamwork, communication, critical thinking, and problem-solving are highly valued across industries. “Universities must help students develop these competencies by integrating practical life skills opportunities into academic programmes. Work-integrated learning, internships, project-based learning, and industry collaborations also provide students with valuable opportunities to apply what they have learned in real-world settings.” These experiences help students build confidence while also developing the professional skills that employers seek, says Kriel. Institutions seeking to strengthen career-focused education can consider the following approaches. 5 WAYS UNIVERSITIES CAN STRENGTHEN THE FOCUS ON CAREER-READINESS 1. Expand work-integrated learning opportunities Internships, practical placements, and industry projects allow students to gain direct exposure to professional environments. This means that students graduate with practical experience that enhances employability. 2. Strengthen career guidance and development services Career counselling, CV workshops, and interview preparation help students transition successfully into the workplace. Students, therefore, gain clarity about career pathways and develop stronger job-search skills. 3. Develop strong employer partnerships Collaboration with industry partners can provide insights into emerging skills requirements and new employment opportunities. Institutions must strengthen their alignment with labour market needs. 4. Embed professional skills - including AI skills - within curricula Communication, teamwork, leadership, and problem-solving skills should be integrated into academic programmes rather than treated as separate activities. This would allow graduates to become well-rounded professionals capable of contributing effectively in the workplace. In addition, universities should explicitly teach students how to responsibly and effectively use AI tools, given the rapidly changing nature of the workplace. This includes developing critical AI literacy skills such as prompt engineering, ethical AI use, evaluating AI-generated outputs, and integrating AI to augment human capabilities rather than replace them. 5. Encourage entrepreneurship and innovation Not all graduates will follow traditional employment pathways. Institutions that promote entrepreneurial thinking help students identify opportunities to create their own ventures. It is also a fact that entrepreneurship contributes to job creation and economic development. Given all this, it is clear that career-focused education delivers benefits that extend beyond individual graduates. For students , it increases confidence and preparedness as they transition from study to employment. Exposure to professional environments helps students better understand industry expectations and workplace dynamics. For institutions , strong employability outcomes enhance reputation and strengthen relationships with industry partners. For society , career-focused education contributes to economic growth by ensuring that graduates possess the skills required to support innovation and productivity. “Higher education institutions have a unique opportunity to shape the future workforce by designing programmes that combine academic excellence with practical relevance. Institutions that embrace career-focused education ultimately strengthen their contribution to society,” says Kriel. “When higher education institutions actively connect learning with professional opportunity, they empower graduates to build careers that are both personally fulfilling and economically productive. As economies evolve and industries continue to transform, the ability of higher education to bridge the gap between learning and the workplace is essential.”
