Entries by LSSA

Law Society urges government to ensure a climate for free and fair elections

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The Law Society of South Africa (LSSA) urges Government and political parties to take concrete actions to ensure that the climate in the country during the weeks leading to the local government elections on 3 August 2016 is such, that members of the public feel they can cast their votes freely without threats of intimidation and violence. Also, although communities must be able to exercise freedom of speech and association, Government must urge people to exercise restraint irrespective of their complaints relating to lack of service delivery or differences in political affiliation.

‘The ongoing violent protests that we have witnessed in the media recently in the Tshwane area is of major concern. We believe these protests may persists and even intensify between now and the elections date. Threats of violence as well as allegations that certain parties are not allowed to campaign in certain areas are direct impediments to free and fair elections and to the constitutional right and duty on our citizens to vote freely. The acts of violence also constitute a threat to the rule of law and constitutional democracy in our country. The burning of shops belonging to foreign nationals echoes the xenophobic attacks which left the country bruised and battered not long ago and cannot be tolerated,’ say LSSA Co-Chairpersons Mvuso Notyesi and Jan van Rensburg.

They add: ‘For us as lawyers, protecting the rule of law and constitutional democracy is paramount. The LSSA will be fielding its team of attorney election observers across the country on 3 August in order to serve as the independent eyes and ears of the public to record and report on any incidents that may threaten these fundamental rights.’

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUSO NOTYESI AND JAN VAN RENSBURG
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800 or Website: www.LSSA.org.za
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
or Nomfundo Manyathi-Jele at (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 24 300 attorneys and 5 000 candidate attorneys.

 

LSSA urges JSC to deal with allegations of racism expeditiously and transparently

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The Law Society of South Africa (LSSA) joins other bodies in expressing its serious shock and concern at reports that have emerged regarding alleged racist comments made by North Gauteng High Court Judge Mabel Jansen a year ago. The context of the comments and the reason for the one-year delay in reporting these are unclear.

The Judicial Service Commission (JSC) has confirmed that it has received a formal complaint and will deal with it in the prescribed manner.

The LSSA urges the JSC to deal with this matter expeditiously and in a transparent manner so as not to aggravate what is already an inflammatory and complex situation around the issues of racism in our country. ‘Racist comments as we have seen repeatedly this year – and more so from a judge – are polarising and traumatic for our society. Society demands an explanation,’ say LSSA Co-Chairpersons Jan van Rensburg and Mvuso Notyesi.


ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, JAN VAN RENSBURG AND MVUSO NOTYESI
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800 or Website: www.LSSA.org.za
Contact:
Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele at (012) 366 8800 or 072 402 6344 E-mail: nomfundom@LSSA.org.za
 

Presidents of the Provincial Law Societies pledge their commitment to a clean, ethical and responsive legal profession

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Press Release: For immediate release

PRESIDENTS OF THE PROVINCIAL LAW SOCIETIES PLEDGE THEIR COMMITMENT  TO A CLEAN, ETHICAL AND RESPONSIVE LEGAL PROFESSION

We, the undersigned Presidents of the Law Societies of the Cape, Free State, KwaZulu-Natal and the Northern Provinces, acting in the public interest, commit ourselves to a clean, ethical and responsive legal profession, and will do all that is necessary in the interest of public and clients. We understand that while much has already been done to achieve this, more needs to be done to ensure effective access to a fair legal process, particularly in regard to the investigation of complaints by members of the public, court officials and the legal fraternity in a fair, independent and impartial manner.
Recently, there have been numerous disturbing media reports regarding the unprofessional and/or unethical conduct of certain members of the law societies. We have noted these reports and assure the public and the media that these cases are being dealt with in the appropriate manner. The cases are complex and investigations are at a sensitive stage where the law societies may not be at liberty to readily share information in response to media queries. This simply means that in order to preserve the integrity of the investigation and ensure the protection of the rights of all concerned, we may be constrained to comment in the media at that particular time.
However, it must be emphasized that we are committed to ensuring a transparent and accountable legal profession and will provide information where this is appropriate and in the public interest.
The law societies perform regulatory functions in nature, which include taking disciplinary steps against their members that are found to be in breach of the Attorneys Act and Rules. No member of the legal profession is beyond the law societies reach or influence. The investigations are conducted strictly in accordance with the Rules that govern the law societies and may result in action being taken against members.
It must be noted that the consequences of these interventions are very serious, and therefore the law societies are obligated to ensure that the investigation process is fair to all concerned. In many cases the investigation takes longer to be concluded than is expected. This may happen, for instance, when the outcome of separate civil or criminal court proceedings is required so as to ensure that complaints are dealt with holistically.
Members of the public are encouraged, if they have complaints against members of any of the law societies, to contact the relevant provincial law society where that member is practising and they will be given information and guided on the process to be followed. [Contact details below]

ASHRAF MAHOMED, PRESIDENT, CAPE LAW SOCIETY
LUNGA PETER, PRESIDENT, KWAZULU-NATAL LAW SOCIETY
DEIRDRÉ MILTON, PRESIDENT, LAW SOCIETY OF THE FREE STATE
ANTHONY MILLAR, PRESIDENT, LAW SOCIETY OF THE NORTHERN PROVINCES

Editor’s note and complaints information:
The four statutory law societies are the regulatory bodies for attorney in South Africa in terms of the Attorneys Act, 1979.
Cape Law Society: Attorneys in the Western, Eastern and Northern Cape: Complaints – Tel: (021) 443 6700 Email: cls@capelawsoc.law.za  
KwaZulu-Natal Law Society: Attorneys in KwaZulu-Natal: Complaints – Tel: (033) 345 1304 E-mail: complaints@lawsoc.co.za  
Law Society of the Free State: Attorneys in the Free State: Complaints – Tel: (051) 447 3237 E-mail: prokorde@fs-law.co.za  
Law Society of the Northern Provinces: Attorneys in Gauteng, Mpumalanga, North-West and Limpopo: Complaints – Tel: (012) 338 5944 or (012) 338 5800 E-mail: dipuom@lsnp.org.za  

Issued by Barbara Whittle (Law Society of South Africa) on behalf of the Presidents of the Law Societies of the Cape, Free State, KwaZulu-Natal and the Northern Provinces Tel: (012) 366 8800 or 083 380 1307 E-mail: barbara@LSSA.org.za