independence
While welcoming certain aspects of a draft legal Bill, law groups point out that it has crucial flaws Khadija Magardie The legal profession and the government are on a collision course over a plan to launch a regulatory body whose effective control will be vested in the minister of justice. The draft Legal Practice Bill, which was circulated last week, contains a disclaimer that it is “a draft in progress”. But it appears that the ideas mooted have already received the green light from the Department of Justice. The document calls for the establishment of a South African legal practice council that will effectively assume the power and functions of the four provincial law societies that exist to represent attorneys, the Law Society of South Africa, as well as the General Council of the Bar, which represents advocates. It also contains recommendations such as the introduction of a uniform system of training for law students, as well as postgraduate practical vocational training. There are fears in legal circles that the proposed constitution of the council could sound the death knell for the independence of the profession. All members of the council, including its chair, would have to be approved and appointed by the justice minister. The Bill also proposes the establishment of a legal ombudsman to handle complaints made against legal practitioners. This appointment will be made by the president, in consultation with the minister and the council. The council will be mandated with advising the minister on matters concerning the practice. It also has various other functions, such as enrolling and/or removing practitioners from practice; and participating in the establishment and operation of disciplinary structures. The South African Law Society has slammed the proposal, saying it allows the ministry to wield an inappropriate influence. “We welcome the creation of a unified legal practice act,” said Law Society of South Africa executive director Andre van Vuuren, adding that all law graduates should have the same vocational and academic training. But he emphasised that there were crucial flaws in the document. “Independence is the cornerstone of this profession and I cannot see anyone accepting that the minister should control it,” he added. This stance has been supported by the General Council of the Bar of South Africa. National chair Jeremy Gauntlett, SC, described the proposals as ” a disappointing effort” by the department to reform the profession. Adding that the sheer size of the profession would make it difficult for legal practitioners to be “micro-managed”, Gauntlett said: “Accountability is necessary, but this must be balanced by maintaining a high degree of independence.”
Another senior lawyer said that only members of the profession were in the position to deal with its internal matters. “We need enough independence to deal with our own sinners,” he said.