Independence of profession under threat

A report in the Sunday Times says the plans, contained in the Bill re-submitted to Parliament last week, will also give the Minister the power to cap legal fees. Passed in its current form, the Bill - which has been on the cards for almost a decade - would absorb the Law Society of SA and all Bar Councils into a new South African Legal Practice Council which would be in charge of regulating the profession. The proposed council would report directly to the Justice Minister. The Bill is set to put Radebe on a collision course with the General Bar Council of SA and the LSSA, which have both raised serious concerns. According to the report they would fight what they interpreted as a threat to the independence of the legal profession. Gerrit Pretorius, chairman of the General Bar Council, said his organisation was not happy that the Bill would allow the Minister to pick three candidates to sit on the new council. Pretorius said the Bar Council would also resist a clause that compels independent legal bodies to transfer their assets and resources to the proposed new council. He added members of the Bar were concerned that the Bill would allow Radebe to appoint non-lawyers to serve on the new council. 'It is undesirable to have ministerial appointees; we think what is fundamental is to safeguard the independence of the profession,' he said. Legal Practice Bill

Certain aspects of the Bill needed to be changed to 'reduce the Minister's power of control', co-chairman of the LSSA, Jan Stemmett, is quoted as saying in the Sunday Times. He said Radebe, through the council, should not be allowed to determine fees for the legal profession. A member of the Cape Bar Council reportedly told the paper the Bill might be challenged in court. 'For these guys anything that threatens their independence and financial interests, they will never take lying down,' he is quoted as saying. Legalbrief notes the LSSA has a task team dedicated to scrutinising the Bill and drafting necessary submissions to be made to Parliament's Justice Committee, once the public engagement process is announced. 'The LSSA also welcomes the input of practitioners on the Bill. I, therefore, invite you to submit your comments and questions to me at contact@LSSA.org.za ,' says LSSA chief executive Nic Swart

Radebe has defended the Bill. 'There has to be one (set of) uniform norms and standards for the legal profession as a whole. Right now we have a different dispensation for attorneys who practise in the lower courts and for advocates. For the consumer this has a negative impact ... in terms of high legal costs,' he is quoted as saying in the Sunday Times report. He said the capping of legal fees was the most crucial aspect. 'High legal costs are so prohibitive that, for a poor man, access to justice is dependent on whether they have the financial resources,' he said. Radebe said government was ready to take on the legal profession over the Bill. 'We've got tough skins, we cannot stop transformation of the legal system,' he said. 'Even some of our opponents in Parliament agree ... that it's ridiculous that legal fees in SA are even higher than in New York and Washington.' Full Sunday Times report

The focus of the legislation would ultimately be the consumers of legal services, according to Nonkululeko Sindane, DG of Justice and Constitutional Development. 'The current system prevents broader access because of the high costs of lawyers and other legal representatives. The draft legislation will at least give us a starting point to deal with sticking points, so that more people have access to the law,' he is quoted as saying by Business Report. Full report in Business Report