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100+ Free National Bar Examination Practice Questions

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2026 Statistics

Key Facts: National Bar Examination Exam

5 papers

Written Papers (core competencies)

National Bar Examinations Board (GCB)

Mid-August

When the Written Exam Is Held

General Council of the Bar of South Africa

Pupillage

Required Practical Vocational Training

General Council of the Bar of South Africa

September

Supplementary Written & Oral Exams (borderline)

National Bar Examinations Board (GCB)

LLB

Required Degree

Legal Practice Act 28 of 2014

100+

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The National Bar Examination is the South African advocates' bar exam, set and marked by the National Bar Examinations Board (NBEB) under the General Council of the Bar of South Africa (GCB). Pupil advocates must pass it, alongside completing a year of pupillage, to be admitted to practise as advocates and join a constituent Bar. The exam comprises five written papers - Civil Trials, Legal Writing & Drafting, Motion Court Practice & Procedure, Criminal Procedure & Evidence, and Ethics - written mid-August each year. It tests practical advocacy and drafting skills grounded in the Uniform Rules of Court, the Superior Courts Act 10 of 2013, the Criminal Procedure Act 51 of 1977, the Plascon-Evans rule, and the GCB Uniform Rules of Professional Conduct under the Legal Practice Act 28 of 2014. Borderline candidates may sit supplementary written and oral examinations, usually in September. The NBEB does not publish a fixed pass mark or pass rate, and fees are set by the GCB or the constituent Bar rather than published. Eligibility requires an LLB and completion of pupillage with a GCB constituent Bar.

Sample National Bar Examination Practice Questions

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1An advocate is briefed to issue a simple summons in the High Court for a liquidated debt of R900 000. Under the Uniform Rules of Court, what document must accompany the summons if the defendant intends to defend?
A.A declaration delivered with the summons setting out the full cause of action
B.Particulars of claim, which are obligatory in every High Court summons
C.Nothing further; the defendant simply delivers a notice of intention to defend, after which the plaintiff files a declaration
D.An affidavit verifying the debt, as required for all liquidated claims
Explanation: Under Uniform Rule 17, a simple summons is used for a debt or liquidated demand and is not accompanied by a declaration. If the defendant delivers a notice of intention to defend (Rule 19), the plaintiff must then deliver a declaration under Rule 20. A combined summons under Rule 17(2)(b) is the one that incorporates particulars of claim.
2Counsel acts for a defendant who wishes to compel the plaintiff to produce documents referred to in the plaintiff's pleadings before delivering a plea. Which Uniform Rule provides the mechanism?
A.Rule 30A, a notice of irregular step
B.Rule 35(12), allowing a party to call for documents referred to in any pleading or affidavit
C.Rule 23(1), an exception
D.Rule 36, the medical and expert procedure
Explanation: Uniform Rule 35(12) entitles a party to give notice requiring production of any document or tape recording referred to in a pleading or affidavit, even before the close of pleadings and outside the formal discovery process. It is a powerful tool to inspect documents the opponent has relied upon.
3During a High Court trial, opposing counsel objects when you put a leading question to your own witness during evidence-in-chief. What is the correct position?
A.Leading questions are always permitted in evidence-in-chief because you called the witness
B.Leading questions are never permitted at any stage of a trial
C.Leading questions are only objectionable in re-examination
D.Leading questions are generally not permitted in evidence-in-chief, save on introductory or undisputed matters
Explanation: As a general principle of the law of evidence, leading questions, which suggest the answer or assume disputed facts, are not permitted in evidence-in-chief, except on formal, introductory or undisputed matters. They are permitted in cross-examination. The rationale is that a party should not put words into the mouth of its own witness on contested issues.
4A plaintiff fails to deliver a plea within the dies allowed after a notice of intention to defend has lapsed into default. As plaintiff's counsel seeking judgment, what is the correct first step against the defaulting defendant?
A.Apply immediately for summary judgment under Rule 32
B.Deliver a notice of bar under Rule 26 requiring the plea within five days, then seek default judgment if not delivered
C.Set the matter down on the trial roll for adjudication on the merits
D.Apply for an interdict compelling the plea
Explanation: Where a defendant who has given notice to defend fails to plead, Uniform Rule 26 allows the plaintiff to deliver a notice of bar giving the defendant five days to plead. If the defendant still fails to plead, it is ipso facto barred and the plaintiff may apply for default judgment under Rule 31.
5Counsel wishes to attack a particulars of claim on the ground that, even if every allegation is accepted as true, it discloses no cause of action. Which procedural step is appropriate?
A.An application to strike out under Rule 23(2)
B.An exception under Rule 23(1)
C.A special plea of prescription
D.A counter-application
Explanation: Under Uniform Rule 23(1), a party may take an exception to a pleading on the ground that it lacks averments necessary to sustain a cause of action (or is vague and embarrassing). An exception tests the legal sufficiency of the pleading on the assumption that the alleged facts are true; no evidence is led.
6At a Rule 37 pre-trial conference, the parties record certain admissions and narrow the issues. What is the principal purpose of the Rule 37 conference?
A.To allow the trial judge to mediate a settlement of the dispute
B.To exchange pleadings for the first time
C.To curtail the duration of the trial by identifying common cause facts, admissions and the real issues in dispute
D.To obtain default judgment by agreement
Explanation: Uniform Rule 37 requires a pre-trial conference to limit the issues, record admissions and agreements, deal with documents and expert notices, and generally curtail the duration of the trial. Admissions made at a Rule 37 conference are binding and dispense with the need to prove those facts.
7In a delictual action for damages tried in the High Court, on whom does the onus of proving negligence ordinarily rest, and to what standard?
A.On the defendant, beyond reasonable doubt
B.On the plaintiff, on a balance of probabilities
C.On the plaintiff, beyond reasonable doubt
D.On the defendant, on a balance of probabilities
Explanation: In civil proceedings the party who alleges must prove. The plaintiff bears the onus of proving the elements of the delict, including negligence, on a balance of probabilities, which is the civil standard of proof. Proof beyond reasonable doubt is the criminal standard and does not apply.
8A defendant has delivered a plea that you, as plaintiff's counsel, consider does not raise a bona fide defence and was filed solely to delay. The claim is for a liquidated amount. What is the appropriate application?
A.Default judgment under Rule 31
B.An exception under Rule 23
C.Summary judgment under Rule 32
D.Provisional sentence
Explanation: Uniform Rule 32 permits a plaintiff to apply for summary judgment where the defendant has delivered a plea but has no bona fide defence and entered the plea solely to delay. It is available for liquidated claims, claims for delivery of property, ejectment and certain others, supported by an affidavit verifying the cause of action.
9Counsel cross-examines a witness who, in chief, gave evidence inconsistent with a prior written statement. Counsel wishes to confront the witness with the contradiction. What is the correct approach under the rules of evidence?
A.Counsel may not refer to the prior statement because it is hearsay
B.Counsel must first obtain the court's leave to declare the witness hostile
C.Counsel may only put the statement in re-examination
D.Counsel may cross-examine on the previous inconsistent statement to challenge the witness's credibility
Explanation: A witness may be cross-examined on a previous inconsistent statement to challenge credibility; this is a recognised purpose of cross-examination. The previous statement is not used as proof of its contents but to show the witness has been inconsistent, undermining the reliability of the testimony.
10A matter has been allocated to the trial roll but the plaintiff has not filed a discovery affidavit despite a Rule 35(1) notice. Defendant's counsel wishes to compel discovery. What is the correct step?
A.Deliver an exception
B.Apply for summary judgment
C.Apply under Rule 35(7) to compel compliance, failing which the claim may be dismissed
D.Request a postponement sine die without more
Explanation: Uniform Rule 35(7) provides that if a party fails to make discovery or to comply with a notice to inspect, the other party may apply to court to compel discovery or production, and the court may dismiss the claim or strike out the defence if the order is not obeyed. This is the appropriate enforcement mechanism.

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