Finding Admission as an attorney is a milestone, not a client acquisition strategy.

Too many early-career practitioners assume that clients arrive once their name appears on the roll. In reality, sustainable legal practices are built long before admission, through credibility, visibility, and relationships.

One of the biggest misconceptions in early legal practice is believing that clients arrive after your name appears on the roll.

In reality, sustainable practices are built before admission through credibility, visibility, and relationships.

A few hard truths I’ve learnt while awaiting admission:

• Clients look for solutions, not titles;

• Thought leadership builds trust before instruction;

• Ethical visibility is professionalism, not self-promotion;

• Strategic networking beats transactional pitching;

• Niche clarity attracts better clients than general exposure.

The pre-admission phase is a rare opportunity to define your professional voice, refine your focus, and build a pipeline rooted in reputation rather than desperation.

Admission changes your status.

Preparation determines your trajectory.

Client testimony :I once worked at a company where compliance existed purely as a checkbox exercise.

The policies were there.

The documents were there.

But the implementation wasn’t.

Processes were bypassed daily to achieve short-term goals, and accountability simply didn’t exist.

I raised the gaps early on. They were acknowledged - but never truly addressed. Most fixes were done “for appearances”, just enough to keep regulators satisfied on the surface.

That company no longer exists.

And the truth is, its downfall wasn’t sudden. It was inevitable.

When the tone from the top treats compliance as optional, that mindset filters through the entire organisation. There’s very little compliance can do to mitigate risk when leadership itself doesn’t believe in it.

FIRED AFTER TOILET ROLL FOUND IN BAG
April, employed by Mpact Operations as a Winder Operator since 2009, was dismissed in November 2022 after security found a roll of toilet paper in his bag during a routine search. The company alleged that the roll matched its unique brand and accused him of theft and dishonesty for attempting to remove company property without authorisation. April denied the allegation, stating he had brought the roll from home. The arbitration found his dismissal substantively unfair and ordered his reinstatement with back pay.

Mpact sought review of the arbitration award, contending that the arbitrator failed to consider that April knew of the workplace rule requiring declaration of personal items matching company property, failed to accept that the company’s toilet paper was uniquely sourced and not available in retail stores, and erred by preferring April’s version despite photographic evidence.

Security suspected April of theft based on a tip‑off, yet when a roll was found in his bag no effort was made to confiscate it, preserve it as evidence, or photograph it alongside the company’s own roll. The employer’s witness, Rall, took photographs only of the roll April allegedly brought from home, but not of the company roll on the day of the incident, offering an explanation described as nonsensical. Comparative photographs introduced later at the disciplinary hearing were of little evidentiary value because they did not reflect the original roll found on 21 October. The inconsistencies, omissions and failure to secure key physical evidence fundamentally compromised the employer’s case. Security personnel, including supervisory staff, allowed April to leave the premises with the disputed roll, undermining the allegation of attempted theft.

Without reliable evidence proving that the roll belonged to Mpact or that April intended to remove it dishonestly, the company failed to meet the required burden of proof. Mpact’s investigation was materially defective, its evidence insufficient, and the arbitrator reasonably found that the company had not proved theft, unauthorised possession, or dishonesty. The arbitrator did not commit any reviewable irregularity, and her decision was one a reasonable arbitrator could reach. The arbitrator’s preference for April’s version, and rejection of Mpact’s explanation, was reasonable in light of the flawed investigation and inadequate evidentiary record. The review application is dismissed.

Mpact Operations (Pty) Ltd v Metal and Engineering Bargaining Council and Others (C181/2024) [2026] ZALCCT 2 (15 January 2026)

Alternative Dispute Resolution (ADR): Types Explained Simply
In today’s fast-paced legal environment, ADR mechanisms play a crucial role in resolving disputes efficiently, economically, and amicably—without prolonged court battles.
📌 Major Types of ADR:
1️⃣ Arbitration
A private dispute resolution process where an impartial arbitrator hears both parties and gives a binding decision.
✔ Common in commercial & contractual disputes.
2️⃣ Mediation
A neutral mediator facilitates discussion between parties to help them reach a mutual settlement.
✔ Voluntary, confidential & relationship-friendly.
3️⃣ Conciliation
Similar to mediation, but the conciliator may propose solutions.
✔ Recognized under Indian law (Conciliation Act, 1996).
4️⃣ Negotiation
An informal process where parties directly communicate to resolve disputes.
✔ No third party involved; fastest method.
5️⃣ Lok Adalat
A statutory ADR forum where disputes are settled through compromise.
✔ Awards are final and binding under the Legal Services Authorities Act.
⚖️ Why ADR?
✔ Saves time
✔ Reduces cost
✔ Preserves relationships
✔ Ensures confidentiality
📘 ADR is not an alternative to justice—it is a smarter path to justice.

hashtag#ADR hashtag#AlternativeDisputeResolution hashtag#Arbitration hashtag#Mediation hashtag#LegalAwareness hashtag#LawyersOfLinkedIn hashtag#JusticeSimplified

In PSA obo Van Wyk v Department of Social Development (2025), the Labour Court reaffirmed a fundamental principle of employment law:

fairness in dismissal depends as much on the process followed as on the outcome reached.

The employee, dismissed for unauthorised absenteeism, suffered from diagnosed alcohol dependence and depression. Despite this, the employer elected to pursue a misconduct process, rather than an incapacity enquiry.

The Court found this approach unreasonable and unfair. It held that:

• Alcoholism is a recognised form of incapacity, not misconduct;

• Absenteeism requires fault, which may be absent where conduct flows from medical incapacity; and

• Employers are required to comply with Schedule 8 of the LRA, including considering counselling, rehabilitation, and reasonable alternatives to dismissal.

The arbitrator’s failure to properly characterise the dispute and to engage with material medical evidence constituted a reviewable irregularity. As a result, the arbitration award was set aside and retrospective reinstatement was ordered.

Key lesson from the Labour Court:

Before deciding on discipline, employers must correctly identify the nature of the issue. Selecting the wrong process misconduct instead of incapacity undermines both substantive and procedural fairness.

This judgment serves as a reminder that lawful and credible workplace discipline requires accuracy, objectivity, and adherence to proper process.

hashtag#Employmentlaw hashtag#Proceduralfairness hashtag#Substantivefairness hashtag#Workplacediscipline hashtag#Fairnessattheworkplace

Second Customary Marriages: Where Culture Meets the Law

A man who intends entering into a second customary marriage must appreciate that this is not merely a cultural progression, but a regulated legal process with serious proprietary and succession consequences.

In terms of the Recognition of Customary Marriages Act, a subsequent customary marriage requires prior court approval of a written matrimonial property contract. This contract must regulate the proprietary consequences of all existing and future marriages and protect the rights of the first spouse. An antenuptial contract signed privately, without court sanction, is legally insufficient.

Failure to comply does not only create uncertainty during the marriage, it almost invariably surfaces at divorce or death, where estates, surviving spouses, and children are left to litigate what should have been settled at inception. Proper planning must therefore align customary law, matrimonial property regimes, and succession planning as one cohesive exercise.

Need assistance? You may contact our office

Tax Law Consulting, including tax structuring, compliance support, and advisory services;

Specialised Family Law and related advisory services;

Commercial & Corporate Law, including corporate due diligence;

Property Law Consulting, covering conveyancing transactions, rental housing law, and illegal land invasions;

Criminal Defence consulting;

General Civil Litigation advisory services;

POPIA & PAIA compliance, audits, and implementation support;

Labour Law & Comprehensive HR Consulting, tailored for operational and legal alignment;

Geopolitical analysis and strategic advisory services for NGOs, institutions, and government stakeholders.

Our firm reflects a commitment to strategic legal thinking, practical problem-solving, and measured advice informed by experience, not theory.

Week 2 as a Candidate Attorney

The pace has picked up as things normalise at the office.

Tips I can offer after week 2 as a Candidate Attorney:

Replacing the existing CA should be a well intentioned and guided exercise 🤝.

You’re not there as a threat but as a successor.

Even the existing CA must progress to year 2 - we are both growing on the SAME team ⚾️ - existing CAs please understand this.

Communication is the key to everything🗣️.

Whilst watching is a learning tool, you gain most knowledge through doing.

Always document what you’ve been tasked with📝.

Little notes on files help keep you on top of things 📌.

It’s easy to mix paperwork if you’re multi-tasking with physical files open simultaneously- DONT DO IT! ❌

Have some structure to your tasks for ease of flow and better management 🗃️.

It’s ok to to say “I didn’t know but now I do”.

Ask when you’re uncertain - if you must, remind everyone that you’re still learning.

You will get better with time. Don’t feel overwhelmed.

And remember, even the most experienced legal professional at the office was in your position at one stage 🙂✨

hashtag#CandidateAttorney hashtag#LegalTips hashtag#LawFirmLife hashtag#ArticlesOfClerkship hashtag#LegalCareer hashtag#TeamworkInLaw hashtag#ProfessionalGrowth