An advocate in South Africa is a legal specialist who represents clients in higher courts, offering expert opinions, preparing arguments, and conducting litigation. Advocates are often described as courtroom lawyers. They are typically instructed by attorneys to argue cases on behalf of clients, especially in complex or high-profile matters.
On this page, you will learn what an advocate is under South African law, how the role differs from that of an attorney, which Acts govern advocates, how their role evolved in South Africa’s legal system, and what every citizen should understand before approaching one.
Understanding an Advocate under South African Law
The work of an advocate is legally recognised and regulated by the Legal Practice Act, 2014 (Act No. 28 of 2014). This Act brought attorneys and advocates under one framework, ensuring a uniform standard for all legal practitioners.
In terms of the Legal Practice Act, an advocate:
- Must be admitted and enrolled by the High Court as a Legal Practitioner (Advocate).
- Must complete pupillage under a senior advocate before full admission.
- May only accept work from attorneys unless they have a direct briefing certificate from the Legal Practice Council.
The General Council of the Bar of South Africa (GCB) and the Legal Practice Council (LPC) oversee the conduct and professional standards of advocates.
Historical Evolution of Advocates in South Africa
The role of an advocate in South Africa dates back to the country’s early legal system, which was heavily influenced by Roman-Dutch Law and English common law.
Historically, advocates were part of a highly exclusive profession — mostly white men practising in High Courts, while access to the Bar was limited for women and people of colour.
After 1994, transformation became a legal and moral priority. The Legal Practice Act of 2014 aimed to open the profession, introduce accountability, and increase representation.
Today, advocates come from all backgrounds, and transformation continues through mentorship programmes, scholarships, and the Legal Practice Council’s equality initiatives.
Key Laws Governing Advocates in South Africa
| Law / Policy | Purpose |
|---|---|
| Legal Practice Act, 2014 (Act 28 of 2014) | Unifies attorneys and advocates under one legal system. |
| Constitution of South Africa, 1996 | Guarantees the right to legal representation. |
| Uniform Rules of Professional Conduct (General Council of the Bar) | Sets ethical and professional standards for advocates. |
| Admission of Advocates Act, 1964 (repealed) | Historically governed admission before 2014 reforms. |
| Contingency Fees Act, 1997 | Allows advocates to take certain cases on a “no win, no fee” basis. |
Differences between an Advocate and an Attorney
Although both are lawyers, their functions differ:
| Attorney | Advocate |
|---|---|
| Works directly with clients. | Works through attorneys or with direct brief certification. |
| Drafts contracts, affidavits, and manages paperwork. | Specialises in court argument and legal interpretation. |
| Appears mostly in Magistrate’s Courts. | Appears mainly in High Courts, Supreme Court of Appeal, and Constitutional Court. |
| May employ other lawyers in a firm. | Works independently or in chambers. |
| May hold a trust account. | May not handle client money directly. |
Main Duties of an Advocate
- Litigation and Court Representation: Advocates argue cases, cross-examine witnesses, and interpret laws before judges.
- Legal Opinions: They draft formal opinions to guide attorneys or clients on complex legal issues.
- Constitutional Matters: Advocates often handle cases involving constitutional rights, government accountability, or public interest law.
- Appeals: They prepare and argue appeal cases when a lower court decision is challenged.
- Mentorship and Training: Senior advocates often train new entrants through pupillage programmes.
5 Key Points Every South African Should Know about Advocates
- You cannot usually hire an advocate directly unless they are authorised for direct briefs under the Legal Practice Act.
- Advocates charge based on time and complexity, and fees are usually arranged through your attorney.
- All advocates must be registered with the Legal Practice Council to practise law.
- Misconduct by advocates can be reported to the Legal Practice Council or the General Council of the Bar.
- Advocates act independently — they are not employees of attorneys or clients, which helps maintain impartial advice.
Real Example
Suppose you are charged with a serious offence such as fraud or murder. Your attorney might prepare your case but will brief an advocate to represent you in the High Court. The advocate studies the evidence, questions witnesses, and argues your case before the judge.
In another example, a business might hire an advocate through an attorney to argue a contract dispute worth millions of rands in the Supreme Court of Appeal.
These scenarios show that advocates focus on the courtroom and legal strategy, while attorneys focus on client relations and preparation.
Implications of the Advocate’s Role
The advocate’s role carries national importance:
- They ensure the fair application of laws in court.
- They defend constitutional rights and civil liberties.
- They strengthen the credibility of the judicial system.
- They help shape legal precedent through court arguments.
- They maintain independence in cases involving the State or powerful institutions.
Legal Framework Summary
| Institution | Function |
|---|---|
| Legal Practice Council (LPC) | Regulates and disciplines all advocates and attorneys. |
| General Council of the Bar (GCB) | Represents advocates’ interests and enforces ethical codes. |
| Justice Training Centres | Provide training and pupillage programmes for aspiring advocates. |
| Constitutional Court and High Courts | Main forums where advocates argue major cases. |
FAQs About What Is an Advocate in South Africa
In South Africa, advocates play a vital role in the justice system.
They are legal professionals who specialise in courtroom advocacy, legal opinions, and complex litigation.
These FAQs explain what an advocate is, how they differ from attorneys, and how one can become an advocate under South African law.
What is an advocate in South Africa?
An advocate in South Africa is a legal practitioner who specialises in representing clients in court, preparing legal arguments, and providing expert opinions on legal matters.
Advocates are often described as specialist litigators, focusing on the presentation of cases before judges and magistrates rather than direct client consultation.
What law governs advocates in South Africa?
Advocates are regulated by the Legal Practice Act, 2014 (Act 28 of 2014), which unified the profession of attorneys and advocates under one legal framework.
The Act established the Legal Practice Council (LPC), responsible for overseeing qualifications, professional conduct, and admission to practice.
How is an advocate different from an attorney in South Africa?
While both are legal practitioners, they perform different roles:
- Attorneys deal directly with clients, handle contracts, manage legal documents, and prepare cases.
- Advocates are usually instructed by attorneys to argue cases in court or provide specialist advice.
Attorneys are like general practitioners, while advocates are the courtroom specialists of the legal profession.
What qualifications are required to become an advocate?
To become an advocate in South Africa, a person must:
- Obtain an LLB degree from a recognised South African university.
- Complete pupillage (one year of practical training) under a qualified advocate.
- Pass the National Bar Examination set by the General Council of the Bar (GCB).
- Be admitted to the High Court as an advocate by order of a judge.
Some advocates practise independently, while others join Bars or Societies of Advocates in their provinces.
What is pupillage in the context of becoming an advocate?
Pupillage is a one-year practical training programme where a candidate works under the supervision of an experienced advocate (called a mentor).
It covers court appearances, drafting of pleadings, legal research, and ethics.
This period ensures that new advocates are fully prepared for the demands of courtroom work.
What is the General Council of the Bar (GCB)?
The General Council of the Bar of South Africa (GCB) is a national professional body representing advocates.
It sets ethical standards, oversees training, and ensures that members of the Bar maintain high levels of competence and integrity.
What does an advocate do on a daily basis?
An advocate’s work typically includes:
- Arguing cases in the High Court, Supreme Court of Appeal, or Constitutional Court.
- Drafting legal opinions and heads of argument.
- Cross-examining witnesses.
- Advising attorneys on complex points of law.
- Preparing cases for trial or appeal.
They are often involved in high-level commercial, criminal, constitutional, or civil cases.
Can an advocate represent a client directly?
Traditionally, advocates could only work through attorneys — this is known as the referral system.
However, under the Legal Practice Act, advocates who obtain a Fidelity Fund Certificate may accept instructions directly from clients, especially in civil or labour matters.
What is a Senior Counsel (SC) or “Silk”?
A Senior Counsel (SC), commonly called a Silk, is a highly experienced advocate recognised for excellence and leadership in the legal profession.
The President of South Africa, on recommendation by the Bar, grants this status.
SCs often handle complex, high-profile cases in constitutional, commercial, or criminal law.
How does one get admitted as an advocate?
After completing pupillage and passing the Bar Exam, the candidate applies to the High Court for admission.
The court verifies their qualifications, good character, and compliance with professional standards before granting the right of appearance as an advocate.
Can advocates work in government or corporate sectors?
Yes. Many advocates work as state advocates in the National Prosecuting Authority (NPA), or as legal advisers in government departments, parastatals, and private companies.
Some also work as advocates for human rights organisations or academic legal researchers.
What ethical rules apply to advocates?
Advocates must:
- Act honestly and independently.
- Maintain client confidentiality.
- Avoid conflicts of interest.
- Not mislead the court.
Breaching these rules can lead to disciplinary action or disbarment by the Legal Practice Council or Bar Council.
Why are advocates important in South African law?
Advocates ensure that justice is carried out fairly and that the rights of individuals and organisations are protected in court.
They uphold constitutional principles, maintain legal integrity, and help develop South Africa’s body of law through court judgments and legal precedent.
Conclusion: The Advocate’s Role in the South African Justice System
An advocate in South Africa is a specialist who ensures that the most complex legal disputes are argued with skill, integrity, and fairness. Their independence and deep knowledge of the law make them essential to protecting constitutional rights and maintaining the rule of law.
Whether you are facing a criminal trial, challenging a government decision, or appealing a civil judgment, an advocate helps ensure your voice is heard and that justice is done in accordance with South African law.
