Committee for the Legal Services Charter
11 August 2006
The Minister for Justice and Constitutional Development, Mrs B S Mabandla,
hosted a media breakfast today at the Sheraton Hotel in Pretoria, where she
announced the members that were appointed to the Steering Committee for the
Legal Services Charter.
The Minister announced in December 2004 the commencement of the process of
developing the Legal Services Charter for the legal profession and the legal
services sector. In July 2005 a Cabinet Lekgotla approved the principles for
the development of the Legal Services Charter and expected the first draft
charter by mid-2006. The Ministerâs role is just to facilitate the development
of the charter for the legal services sector and the legal profession.
The department established a Reference Group with its first and second
meeting held respectively on 30 August and 11 November 2005 of which both
chaired by representatives of the Office of the Director-General of the
Department of Justice and Constitutional Development (DoJCD). The results of
the meeting culminated in the development of the concept framework on the
charter.
In January 2006, the Minister for Justice and Constitutional Development
appointed a Steering Committee with a mandate to draft a legal services charter
and further advise the Minister on further consultative processes with the
stakeholders. The members of the Steering Committee consist of individuals from
different associations and organisations of the legal profession. The Policy
Chief Directorate is the Secretariat to the Steering Committee and is headed by
Mr Neville Gawula (DoJCD). Advocate Menzi Simelane, the Director-General of the
Department of Justice was appointed as the Chairperson of the Steering
Committee. The Deputy Chair is Advocate Bonisiwe Makhene (DoJCD Policy Chief
Directorate). Other members include Mr Kevin Lester (Law Societies of South
Africa), Advocate. McCaps Motimele Senior Council (Advocates for
Transformation), Ms Brenda Madumisa ( Black Women Lawyers Association), Mr
Ashoek Adhikari (Law Society of South Africa), Mr Nano Matlala (Black Lawyers
Association ), Advocate Mark Hawyers (Independent Association of Advocates),
Professor Cathi Albertyn (Centre for Applied Legal Studies - Wits University),
Mr Motlai Mashiloane (Association of Paralegals), Ms Thuli Madonsela (Waweth
Research Agency), Professor Engela Schlemmer (The Society of Law Teachers of
Southern Africa {SLTSA}), Professor Shadrack Gutto (Centre for African
Renaissance Studies â University of South Africa). One member of the General
Council of the Bar (GCB), Advocate Norman Arendse resigned last month and the
Minister is in the process of replacing him with another member from the
GCB.
Subsequent to appointment of the members, the inaugural meeting of the
Steering Committee took place on 15 February 2006, where all members expressed
their common interests and commitment to work towards the transformation of the
legal services sector and the legal profession.
A working group, which will facilitate the drafting of the charter, was
established during this meeting. The drafting group had its first meeting on 2
March 2006. This was basically a preparatory and planning meeting where members
of the drafting team divided the work amongst themselves. On 17, 18 and 19
March 2006, the drafting team had a meeting where the actual drafting of the
charter took place. This meeting culminated into a production of a first draft
charter with which the stakeholders will engage.
On 17 and 18 August 2006, the Minister for Justice will host a National
Indaba where all stakeholders within the legal services sector will dialogue
and engage on the draft legal services charter as produced by the Drafting Team
of the Steering Committee. This is one of the consultative processes in
furtherance of the broad transformation imperatives of government. The media is
invited and the draft charter will also be available to the media at that
stage.
The Indaba furthermore attempts to solicit from participants and the public
on other pressing transformation challenges regarding the legal profession and
the judiciary and their role in facilitating access to justice for all citizens
of the Republic. This may include the redesign and re-engineering of measures
aimed at accelerating the achievement of the race and gender balance in the
composition of the judiciary; access to legal services; enhanced community
participation and the strengthening of synergies with justice role-players such
as the broader legal profession and the legal industry. The following are key
issues which the draft charter seeks to address:
* access to justice by poor, uneducated communities
* quality and affordable delivery of legal services to the public
* accessibility of legal services to the communities
* entry requirements to the legal profession
* equal opportunities of legal services amongst legal practitioners
* access to legal work including state and parastatal contracts by black legal
practitioners
* the role of the legal profession in promoting equality in the judiciary
* transformation of governance structures of the legal profession
* a unified regulatory framework for the legal profession
* empowerment of historically disadvantaged black legal practitioners
* skills development, employment equity, ownership and management within the
legal profession.
After the National Indaba, the department is envisaging further engagements
with the draft charter in the form of provincial road shows in major centres.
These attempts should also be seen as consultative processes, thereby giving an
opportunity to members of the legal services sector, the public, and the legal
profession who were unable to attend the National Indaba to provide their
inputs. Consultative processes will be ongoing until the adoption of the
charter by relevant stakeholders and the profession.
For further information, please contact:
Lazarus Mothupi
Cell: 082 447 2550
Issued by: Department of Justice and Constitutional Development
11 August 2006
