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A GRADUATE of Stellenbosch University law school has successfully challenged the New York Board of Law Examiners Rules regarding eligibility of foreign students to take the New York Bar Exam.
She is Martina Swart (30), who matriculated with distinction from Huguenot High in Wellington and currently works in New York as Vice President in the Legal Department of Credit Suisse First Boston.
The NY Board requires that an applicant should have a law degree that is substantially and durationally equivalent to a law degree from an approved university in the United States.
In other words, the applicant should be from a country whose jurisprudence is based on the principles of the English Common Law.
In terms of this policy graduates from a law school in the UK, Canada, Australia and New Zealand can take the bar exam without having to attend a US law school first, while law graduates from the rest of the world (including South Africa, India and Pakistan) need to take an LL.M. degree.
In New York this could cost 30 000 dollars in tuition alone, plus a further 30 000 dollars in living expenses.
In July 2002 it was reported that the Board had permitted a graduate from the University of the Witwatersrand Law School to sit the NY Bar Exam without requiring further study at a US Law School.
At that time, it was reported that all South African laywers would need a "good degree from a reputable full-time English-medium university and be able to pass the bar examination which all (US) attorneys have to take."
Swart, who received tuition in Afrikaans at Stellenbosch, challenged the Board on the grounds that students from Israel and Puerto Rico, who do not receive English instruction at university, are permitted to take the Bar Exam and therefore asserted that students from universities that use Afrikaans alongside English should also be permitted.
While doing English proficiency examinations, Swart worked for months researching the historical basis of SA Law and completed a comparative analysis between law degrees obtained from an approved law school in the US and a law degree from Stellenbosch.
In this way she factually supported the assertions in her application that her legal education at Stellenbosch was equivalent to that of an approved law school in the US both in terms of substance and duration.
The Board approved Swart's application for eligibility based on her extensive request for an evaluation, which contained citations of court decisions, law literature and letters of support.
She passed the Bar Examination in February this year.
In an e-mail to Swart, John McAlary (deputy executive director of the New York Board of Law Examiners) stated that the approval was based on individual merit.
He cautioned that "the Board's acceptance of Ms Swart's credentials for qualification to sit for the bar exam does not necessarily mean that the Board gives a blanket approval to law graduates".
By recognising Swart's eligibility, the Board has only agreed to look more favourably upon the applications of South African candidates for the NY Bar Exam.
Swart, daughter of Blackie and Kotie Swart of Wellington, confirmed that she has been contacted by various South Africans regarding her application. |