Sechaba ka’Nkosi The embattled Law Society of the Transvaal this week deferred a long-awaited election of its office bearers to 2001 in a move that could stall the transformation of one of the last remaining apartheid-era institutions in South Africa.
The society’s bizarre decision comes in the wake of mounting calls for change from many quarters – including senior Cabinet ministers – amid allegations of racism, incompetence and unaccountability. It could also have a similar implication for the three other chapters of the Law Societies of South Africa in the now- defunct provinces of the Orange Free State, Natal and the Cape.
Last weekend an annual meeting of the society in Pretoria recommended that the current leadership – which consists of what many black legal practitioners regard as an old guard – extend its term of office to October next year by when the Legal Practitioners’ Act would have been passed. Memos circulated at the meeting say the society’s leadership deemed it necessary to extend its term of office until the Act is promulgated and a new dispensation for the profession is enacted. One memo says: “Members should please note the amended rules relating to the extended time of office of the council of the law society, its constitution and election, which have been passed in Government Gazette No: 20262 dated 2 July 1999. “The amendments were necessary to facilitate the transformation of the society in accordance with the agreement reached by the Law Society of South Africa with the Black Lawyers’ Association (BLA) and the National Association of Democratic Lawyers which has also been implemented on a provincial basis.” However, the BLA has reacted angrily to the decision, arguing that it was one of many moves by the law society to keep its council predominantly white and based on the old order. BLA vice-president Dumisa Ntsebeza contended that the proposed Act should not be used as an excuse to stall the transformation of one country’s important professions. “We are going to have a problem to resist conclusions that the current council is trying to retain itself to perpetuate its existence,” said Ntsebeza. “This is inextricably bound with a view that the society is currently conducting a witch-hunt on prominent black attorneys.”
The society was plunged into controversy early this year when its council decided to oust prominent attorney and businessman Tiego Moseneke from the roll for allegations yet to be proved. Minister of Education Kader Asmal launched a scathing attack on the society on the issue, arguing that such moves were against the spirit of transforming the society into a representative body. Ministry of Justice representative Paul Setsetse said this week that while the ministry noted the absence of democratically elected leaders in the society, there was very little it could do since the society is a body independent from state influence. “There may have been genuine reasons why they felt they could not hold an election this year,” said Setsetse. “Consultations on the new Act are taking place with the ministry and the process is at a very advanced stage at the moment.”