President Jacob Zuma has signed into law a Bill that has been in the making for over a decade, namely the Legal Practice Bill. This brings to fruition many years of discussions, negotiations and even concessions that began in the time of the late Dullah Omar, democratic South Africa's first Minister of Justice.
While the time taken to promote and enact this historical statute might seem overly long, the time taken has been well spent. The lengthy deliberations before and during its passage through Parliament have ensured that all of its many provisions have been thoroughly considered with the view to ensuring a legal profession that is not only transformed but is also independent and geared to promoting the values underpinning the Constitution and upholding the rule of law.
The transformation of the legal profession, like the transformation of the judiciary and our court system, is crucial for our young constitutional democracy. Transformation of the legal profession is a constitutional imperative. The legal profession constitutes part of the judicial machinery that provides services aimed at promoting access to justice.
As a result of this Act, all lawyers, that is advocates and attorneys, for the first time in South Africa's history, will fall under a single regulatory body, namely the South African Legal Practice Council, assisted by Provincial Councils in its daily operations. This Council will consist mostly of legal practitioners but also of other important role-players whose expertise and experience will enhance the objects of this body.
While there is a single regulatory body, the Legal Practice Act allows for advocates and attorneys to continue in their respective areas of specialisation. While advocates and attorneys are different in some respects, they are similar in many others. The Council, when carrying out its regulatory function, will bear in mind and recognise these differences and similarities, where appropriate.
Legal practitioners, being officers of the courts, will continue to be admitted as such by the courts and the courts will continue to remove them from practice should this be necessary. The Council will also play a crucial role in the professional conduct of legal practitioners and develop a single code of conduct that applies to all lawyers.
The following two further features of the Act are worthy of particular mention:
(a) Disciplinary bodies that adjudicate on cases of alleged misconduct will be open and transparent and will consist not only of lawyers, but also lay persons.
(b) A Legal Services Ombud is established, whose mandate it is to protect and promote the public interest in relation to the rendering of legal services and to ensure the fair, efficient and effective investigation of complaints against allegations of misconduct by legal practitioners.
While the assent by the President to this Act marks a huge milestone in our history, its full implementation can only be realised after the National Forum on the Legal Profession established in Chapter 10, has completed its mandate, for which a period of three years has been given. The mandate of this Forum is to put systems and procedures in place for the full implementation of the legislation. It is trusted that the deliberations of the Forum will facilitate consensus on the remaining issues that are still required to be dealt with as set out in the Act.
Enquiries:
Mac Maharaj
Cell: 079 879 3203
Email: macmaharaj@icloud.com
Mthunzi Mhaga
Cell: 072 198 6863
