The Law Society of South Africa (LSSA) once again reiterates its previous condemnation against any attack on the judiciary. In particular, we now again strongly condemn the disturbing personal attack by a branch of the ANC Youth League and by Mr Mzwanele Manyi, on Judge Bashier Vally as a result of Judge Vally’s judgment against President Zuma, in the North Gauteng High Court last week. Such unwarranted attacks appear to have the sole aim of undermining the judiciary and thereby fail to be in the interest of society.

The court ordered the President to submit the record and reasons of the decision to reshuffle his Cabinet on 31 March 2017. The LSSA has noted the announcement by President Zuma that he has filed an application for leave to appeal the decision of the court. It is the President’s right to do this.

‘It is, however, established law that executive decisions are subject to a challenge based on legality and rationality, as was conceded by the President in this matter. But even if this were not the case, we are shocked by the disturbing accusations against Judge Vally – and the judiciary in general — and regard them as an attack on the rule of law and the independence of the judiciary,’ say LSSA Co-Chairpersons Walid Brown and David Bekker.

Should they feel strongly about their convictions, the LSSA urges the complainants to submit these complaints with full grounds to the Judicial Service Commission for urgent investigation, as this is the correct body to investigate such serious allegations against a judge.

The LSSA further urges the African National Congress and Government to distance themselves from these irresponsible public statements, which in the absence of substantiated allegations, must be seen as an attack on the judiciary.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za  (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele, Communications Officer, nomfundom@LSSA.org.za  Tel: (012) 366 8800 or 072 402 6344.

Editor’s note:

The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 25 200 attorneys and 5 700 candidate attorneys.

The Law Society of South Africa (LSSA) notes the resignation of High Court Judge Mabel Jansen, as announced by the Department of Justice and Constitutional Development yesterday. The now infamous comments by Judge Jansen on social media have been correctly condemned in all sectors of our society.

The LSSA once again condemns any form of racism in our society and particularly within the judiciary. As a profession and a country we rightly look upon our independent judiciary with pride.

However, there is no place for any undercurrent of racism in judges appointed to the Bench. In this regard the recent revelations at the Judicial Service Commission (JSC) interviews about alleged institutional racism in some of our courts, are also noted. Should these allegations be based on any semblance of fact, it is also condemned unconditionally.
 

In this regard the LSSA encourages the JSC to continue interrogating any potential judicial appointees on any history of racist tendencies. In order for us to move forward as a society we need to start respecting each individual as an equal, as enshrined in our Constitution.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800 or website: www.LSSA.org.za
Contact:
Barbara Whittle, Communication Manager 083 380 1307; barbara@LSSA.org.za
Nomfundo Manyathi-Jele, Communications Officer 072 402 6344; nomfundom@LSSA.org.za

The Council of The Cape Law Society has noted with grave concern the recent report in the Daily Dispatch where MEC Belinda Francis Scott is quoted, inter alia, as saying that attorneys are “not only criminal, but parasitical. They are vultures”.

There appears to be an unfortunate tendency, by the Minister and some of the MEC’s responsible for health, of avoiding responsibility for the weaknesses in their Departments, by deflecting public attention away from these weaknesses and focusing attention on the contingent liability claims against their Departments, coupled with the suggestion that attorneys manufacture these claims against the State, which results in a budgetary crisis. No mention is made of the poor service that the majority of the population is subjected to daily in the public health facilities of South Africa, which ultimately gives rise to such claims.

It is not constructive, is unhelpful and is in fact a disservice to the majority of the public who rely on these services to overlook the symptoms of a dysfunctional public health service in South Africa and to instead blame attorneys for those symptoms. A person who believes that he/she has suffered damages as a result of medical negligence is entitled to be advised and represented by an independent attorney, to have his/her matter determined in a fair public hearing before a court and if so determined by a court, to receive compensation. The same right to approach courts to enforce rights is exercised regularly by public officials whenever they wish to assert certain rights or defend themselves against claims of various natures. The Department is plainly not in a position to assist a person who has been injured and suffered damages as this would give rise to a clear conflict of interest.

Attorneys promote the right to access to justice that is enshrined in Section 34 of the Bill of Rights. They help members of the public, who may sometimes be impecunious, to take cases to court where the judiciary determines the merits of each case without fear, favour or prejudice. They do this consistent with their oath of office (see Schedule 2, Item 6 (1) of the Constitution).

It is of great concern that some political leaders responsible for health have expressed the view that users of public sector health care facilities should be denied their constitutional right of access to justice. In all medical negligence cases, the Department of Health is legally represented. Where the Department loses cases brought against it, its lawyers ought not to be victimised, as they cannot be expected to undo the negligence that health care professionals visit on those members of the public who place their lives in the hands of health care professionals.

The Department of Health should respect the right of all South Africans to access to quality health care as enshrined in Section 27(1)(a) of the Bill of Rights and must respect the dignity of all the people of South Africa as enshrined in Section 10 of the Bill of Rights.

The Cape Law Society calls on those political leaders responsible for health to refrain from making unfair generalisations and ill considered public pronouncements that are calculated to tarnish the image of the legal profession in South Africa. Such antics are not constructive.
Those political leaders responsible for health who are unable to ensure that the majority of the people of South Africa receive the high quality health services they deserve, should do the responsible thing and resign as soon as possible.

The Cape Law Society believes that an improved understanding can be enhanced through dialogue and extends an invitation to political leaders responsible for health to engage in constructive discussions with the organised legal profession in the spirit of working together. Furthermore, The Cape Law Society will not hesitate to take action against any attorney found to have acted unprofessionally by touting for work at hospitals. The Department is encouraged to report any such instances to The Cape Law Society.

Issued by
Lulama Lobi
Acting President of The Cape Law Society
Issued on behalf of the Council of the Cape Law Society
24 April 2017
The Cape Law Society
Tel: (021) 443 6700„ Fax: (021) 443 6751/2„ Email: cls@capelawsoc.law.za„ 
Website: www.capelawsoc.law.za
 

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