Press release: For immediate release

LAW SOCIETY EXPRESSES GRAVE CONCERN AT VIEWS BY PRESIDENT ZUMA ON THE COURTS

The Law Society of South Africa (LSSA) expresses grave concern at the comments relating to the courts made by President Jacob Zuma when addressing a gathering of Traditional Leaders in Pretoria yesterday.

‘The principle of audi alteram partem – or ‘listen to the other side’ – is vested in our legal system, and the insinuation that our courts listen only to one side of a story is ludicrous,’ say LSSA Co-Chairpersons Mvuso Notyesi and Jan van Rensburg.

They add: ‘The fact that this address – and the views relating to the courts – was made shortly after our highest court, the Constitutional Court, found that the President’s actions in relation to the Public Protector’s ‘Secure in Comfort’ report had been inconsistent with the Constitution, illustrates the President’s persistence in flouting the Rule of Law.’

The Co-Chairpersons stress that the President’s comments are regrettable and call on President Zuma to acknowledge clearly that South Africa is a constitutional democracy where the Rule of Law, the courts, the judiciary and the judgments of the courts must be respected by all, including the Government and the Head of State.

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

Mthatha attorney Mvuso Notyesi (right) and Brits attorney Jan Janse van Rensburg were elected Co-Chairpersons of the Law Society of South Africa (LSSA) at its annual general meeting in Kempton Park on 2 April 2016.
‘The role of lawyers in society is not a selfish or self-serving one. We stand in a privileged position where we can influence developments and support and protect vulnerable members of society,’ say Mr Notyesi and Mr Van Rensburg.

They add: ‘It is an indictment that, after 22 years of democracy, we are still talking of racism and disparity in briefing patterns. These are urgent matters to be dealt with by the profession and by others through the various charters that have been adopted by Government. We also have an urgent need to unify the profession in accordance with the Constitution and the Legal Practice Act 28 of 2014. We must take concrete steps to unify the profession, taking clear direction from the various chapters in the Act as it moves towards implementation.’

About the Co-Chairpersons

Human rights lawyer and activist, Mvuso Notyesi is the current President of the National Association of Democratic Lawyers (Nadel). He holds the BProc and LLB degrees from the University of Transkei, was admitted as an attorney in 1999 after completing his articles and attending the LSSA’s School for Legal Practice in East London. Since then he has practised as director at Mvuso Notyesi Incorporated.

Mr Notyesi has been a council member of the Cape Law Society since 2011 and is currently its Vice President. He has been a member of the Board of Legal Aid South Africa since 2011; and since this week’s sitting, he represents the LSSA on the Judicial Service Commission. Mr Notyesi has a passion for education and was appointed a part-time lecturer at the University of Transkei in 1999 and as an instructor at the LSSA’s School for Legal Practice in East London last year. He is also an examiner for the Attorneys Admission Examination. Mr Notyesi is Chairperson of the Notyesi Foundation, which awards bursaries to disadvantaged students to attend university.

Jan van Rensburg has represented the Law Society of the Northern Provinces (LSNP) on the LSSA Council since 2001. He has twice served as president of the LSNP, in 2008 and 2011. He has also served on the North West Attorneys Council since 1997. He sits on a number of committees at both the LSSA and LSNP and on the Remuneration Committee of the Attorneys Fidelity Fund. He has represented the LSSA on the Council for Debt Collectors since 2009.

Mr Van Rensburg has the BCom (University of Pretoria) and BProc (UNISA) degrees as well as an Advanced Diploma in Labour Law from the University of Johannesburg, He was admitted as an attorney in 1984 and is also a notary and conveyancer. He practises as a sole practitioner at Jan van Rensburg Attorneys in Brits.
 

2 April 2016: For immediate release

As the national representative body of the attorneys’ profession in South Africa, we would like to place on record that we do not condone the actions of attorneys who act unethically. The Law Society of South Africa (LSSA) is concerned that Messrs Bobroff, who chose to leave the country rather than take accountability for their actions, are not heeding the call by their regulatory body, the Law Society of the Northern Provinces (LSNP) – under whose jurisdiction they fall — to return and face justice. This conduct is highly deplorable and unbecoming of members of the attorneys’ profession.

‘Such conduct brings our noble and honourable profession into disrepute. As attorneys and officers of the court, there is a higher duty on us to uphold the administration of justice,’ say LSSA Co-Chairpersons, Busani Mabunda and Richard Scott.

We echo the call by the LSNP for Messrs Bobroff, if they purport to be the honourable members of our esteemed profession that they claim to be, not to be fugitives of justice, but do the honourable thing and answer to the allegations against them relating to their professional conduct, including the pending criminal charges.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, BUSANI MABUNDA AND RICHARD SCOTT
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800
 

LAW SOCIETY APPLAUDS LANDMARK JUDGMENT ON THE BINDING NATURE OF THE PUBLIC PROTECTOR’S REMEDIAL ACTION

The Law Society of South Africa (LSSA) has noted the landmark judgment of the Constitutional Court in the Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others [2016] ZACC 11 case, and in particular how it confirms the binding nature of the remedial action taken by the Public Protector in terms of section 182(1)(c) of the Constitution.

The LSSA believes in respect for the Constitution, the Rule of Law and for the Chapter 9 institutions, of with the Office of the Public Protector is one.

In 2015, the LSSA held a ‘Colloquium on the Extent and Limits of the Powers of the Office of the Public Protector: Quo Vadis Public Protector?’ Subsequently, the LSSA took a position that
• it would do its part to urge state organs to respect their obligations in terms of the Constitution when dealing with findings and recommendations from the Office of the Public Protector, and
• to engage in discussions to explore means through which national respect for the Office of the Public Protector can be created and promoted.

As the court noted, there is an obligation to assist and protect the Public Protector so as to ensure the independence, impartiality, dignity and effectiveness of the Office of the Public Protector by complying with her remedial action.

‘We applaud our judiciary in its decision in this important judgment. This reinforces the need for respect for our Constitution, as well as the enhancement of our constitutional democracy,’ say LSSA Co-Chairpersons Busani Mabunda and Richard Scott.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, BUSANI MABUNDA AND RICHARD SCOTT
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: manyathin@lssa.org.za