Keynote address by the Minister of Justice and Correctional Services Michael Masutha, MP, (Adv) at the Annual General Meeting of the Law Society of the Northern Province
Judge President Mlambo
Deputy Judge President Ledwaba
The President of the Black Lawyers Association Mr P B Mabunda
The Vice-President of NADEL Mr M Notyesi
The Chairperson of the Board of Control / Attorneys Fidelity Fund Mr C P Fourie
The first President of a democratic South Africa, our departed global icon President Nelson Mandela once said “Do not judge me by my successes, judge me by how many times I fell down and got back up again.”
I feel greatly honoured and humbled by the invitation to come and address this august gathering of learnt friends and compatriots at this occasion of the Annual General Meeting (AGM) of the Northern Provinces Law Societies. This AGM happens against the backdrop of significant reforms to the judicial and legal land scape.
I am sure that many of the practitioners who are here today are anxious to hear about where we are with the Legal Practice Act and what government is doing to improve its policy on briefing patterns. Before zooming into these matters that are close to your heart, allow me to give an anecdote to the transformation narrative that is unfolding across the justice sector which is a good story to tell.
Just few days ago the National Assembly approved the Attorneys Amendment Bill that seeks to demolish the wall that separates attorneys who fall under the auspices of the 4 law societies from those that are still part of Homeland Law Societies which in turn fall under the regulatory structures within the profession. The Superior Courts Act provides a framework to unbundle the jurisdictional boundaries of the High Courts to follow the provincial boundaries.
The rationalisation of magisterial districts in terms of which Magistrates Courts will exercise jurisdiction in line with the demarcations of municipalities to ensure greater access and efficiency will commence with effect from 1 December in the Gauteng and North West provinces before it is gradually rolled-out to other provinces. This is a significant milestone by the ANC led government because it alleviates the untold hardship endured by our people for many years because of the spatial injustices of the past.
The apartheid system determined where they lived, work, send children to school or claim maintenance and the determining factor was not access to justice but segregation based on divide and rule. It has taken 20 years into our democracy for the narrative to change. I am pleased that not only are many in the legal profession contributing to the rewriting of this narrative, but they also defended many of our people who stood against injustice and oppression during the dark days of apartheid. Many were persecuted and some thrown in jail together with their clients for standing for what was right and just.
The signing into law by President Zuma of the Legal Practice Bill is a momentous occasion for the justice sector and the legal profession in particular. It is not a mere coincidence that the Legal Practice Act followed at the heel of the enactment of two other important Acts, the Constitution Seventeenth Amendment Act, 2012 and the Superior Courts Act, 2013 which came into operation on 23 August 2013. The three Acts constitute a troika which defines the space for the reconstruction of the judicial and legal system. The Constitution Seventeenth Amendment Act provides an overarching constitutional framework that lay the basis for the Superior Courts Act.
The Superior Court in turn, provides for a legislative framework for the rationalisation of our Superior Courts to be line with the Constitution. The rationalisation mandated by the Act ensures that old features of the judicial system which are still tied to the defunct Homeland, self-governing and RSA-territory give way to a democratic, inclusive and integrated value system founded on equality and human dignity. Furthermore, the Act creates a unified court structure with a single judicial governance framework under the leadership of the Chief Justice.
Similarly, the Legal Practice Act provides for a legislative framework for the transformation and restructuring of the legal profession into a profession which is broadly representative of South Africa’s demographics under a single regulatory body. It seeks to free the profession from the bondage of the Homeland and self-governing states and democratise the governance structures of the profession. The Act strengthens the independence of the legal profession and ensures the accountability of the legal profession to the public.
I am hopeful that during the deliberations that will ensue at this AGM, as delegates, you will dedicate adequate time to deliberate on the Act. Expect to receive correspondence under my hand inviting all constituent members of the National Forum to nominate their representatives and gear themselves for the last round of negotiations that will shape the future legal practice freed from the bondage of our ugly past.
Hard work lie ahead of the National Forum among which is the reform of the articleship and pupilage to address current barriers to the profession. When I perused the recent statistics relating to the membership of the four law societies, the LSNP boast the largest constituency, which is about 12 000 of the 22 500 practitioners. It therefore has the overwhelming majority with a potential to influence the discourse on critical issues that affect the broad constituency. I trust that you will use the advantage to the benefit of the profession and the country at large.
We anticipate the Forum to commence with its work early at the beginning of the new year. The Director-General and her team are working tirelessly to get all ducks on the row with the able support of Deputy Minister Jeffery. It is all systems go.
Programme Director, it is often said that the state is the biggest consumer of legal services in South Africa as its litigation account runs into billions of rands annually. Under normal circumstances the cake should be enough for everyone. However, what is evident is that the cake is not shared equitable among the diverse constituencies of practitioners, with Black and female practitioners being the worst affected.
The State Attorney Amendment Act seeks to redress this anomaly and requires of me to develop policy that will regulate allocation of legal briefs to practitioners. The policy will also include measures that will ensure effective monitoring of the implementation of policy. Often government comes will progressive policies that suit every element of the National Development Plan but the devil lies in its implementation. It is for that reason that we will strengthen the monitoring and evaluation systems to generate accurate and reliable data to measure the impact of the policy. I will engage with the profession once we have produced a draft that allows us to commence with consultations.
Let me now reflect on the Legal Aid South Africa Bill. This Bill was approved by the National Assembly on 30 October 2014 and is now being considered by the National Council of Provinces.
The provision of legal aid is currently regulated by the Legal Aid Act, 1969 (Act 22 of 1969). The Act is outdated and not in line with current realities and requires revision in its entirety in order to replace it with a new one. The main purpose of the Bill is therefore to establish a statutory entity called Legal Aid South Africa, which is governed by a Board of Directors and define its objects, powers, functions, duties and composition. It’s a measure about governance more than anything else. What I would like to address is a concern that was raised during the passage of the Bill in the National Assembly.
I am led to believe that the attorneys’ profession questioned the change from the existing provisions in the 1969 Act relating to the composition of the Legal Aid Board. Section 4 of the Act currently requires one practicing advocate and four practicing attorneys nominated by the General Council of the Bar of South Africa and the Law Society of South Africa, respectively, to be members of the Board. The Bill, on the other hand, reduces the size of the Board of Legal Aid South Africa and requires members who have the skills referred to in clause 7 of the Bill.
This change was motivated on the grounds that a body of this nature should be composed of experts rather than stakeholders, which is in line with best practice and the King III report which has a bearing on good governance. Nonetheless, clause 7, which sets out the qualifications for membership of the Board, does require experience in and knowledge of the provision of legal services, “including experience as a practicing attorney or advocate”. I cannot imagine the new Board being constituted without a practicing attorney or advocate. I also wish to express my gratitude for the role played by members of the legal profession in the deliberations of the Legal Aid Board to date. Their positive contributions are noted with appreciation.
As I conclude, let me thank all legal practitioners, in particular attorneys for the generosity and in the spirit of ploughing back to the community, for their contribution through various community service initiatives. The services you provide as presiding officers in the Small Claims Court and other fora within the justice sector where you provide pro bono services lie at the heart of access to justice. We will always be indebted to you.
May I take this opportunity to wish you all the best in your deliberations.
I thank you.
