Notyesi and Barnard elected Co-Chairpersons to lead Law Society in year of critical change for the legal profession
Law Society welcomes SADC Tribunal judgment by Gauteng High Court; urges Presidency to take action
The Law Society of South Africa (LSSA) welcomes yesterday’s judgment by the Gauteng High Court: Pretoria relating to the SADC Tribunal.
The court declared that the President’s decision to sign the 2014 SADC Protocol, suspending the right of the citizens of this country to take disputes to the SADC Tribunal, was declared to be unlawful, irrational and thus unconstitutional.
‘Pending confirmation by the Constitutional Court, this judgment is a victory for all South Africans, and we hope it will be so for all SADC citizens,’ say LSSA Co-Chairpersons Walid Brown and David Bekker. They add; ‘As we said when we instituted the case against the President and the Ministers of Justice and International Relations in 2015, by signing the 2014 SADC Protocol, the President infringed the right of South Africans by agreeing to limit the jurisdiction of the SADC Tribunal to disputes only between member states – and no longer between individual citizens and states, without consultation.’
The Co-Chairperson note: ‘As the court has said, by signing the Protocol, the President “severely undermined the crucial SADC institution, the Tribunal. It detracted from SADC’s own stature and institutional accountability and violated the SADC Treaty itself”. The court also added that the President had no authority to participate in a decision in conflict with South Africa’s binding obligations and that if the intention was to withdraw from South Africa’s obligations under the Treaty and the Protocol, the consent of Parliament would have to be obtained first. The President’s failure to do so is unlawful and irrational.’
‘The LSSA urges The Presidency to note the judgment and rectify this unlawful and irrational action, once the judgment is confirmed by the Constitutional Court,’ say Mr Brown and Mr Bekker.
The LSSA thanks its legal team, Adv Dumisa Ntsebeza SC and Adv Tembeka Ngcukaitobi, as well as Pretoria law firm Mothle Jooma Sabdia Inc – the latter acted pro bono for the LSSA in this matter.
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.
Law Society calls for higher standard of ethics and accountability for public officials
As the legal professionals of this country we believe that the time has come for public officials to hold themselves to a higher standard of ethics and accountability. For far too long our public officials have hidden behind the statements of ‘innocent until proven guilty’ and ‘I have not been found guilty of anything’.
‘This should not be our standard of accountability. Instead our officials should be prepared to step down and offer to resign at the mere suggestion of impropriety on their parts, in an effort at clearing their names without tainting the department or capacity in which they are employed,’ say LSSA Co-Chairpersons Walid Brown and David Bekker.
They add: ‘It is only by raising these ethical standards that we will be successful at rooting out the corruption that has taken root within our state entities. Failing which, all we will be doing is changing the names of officials and elected leaders.’
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
LSSA@LSSA.org.za
Law Society calls for higher standard of ethics and accountability for public officials
Law Society saddened at death of former Co-Chairperson, Julian von Klemperer
LSSA saddened at death of former Co-Chairperson, Julian von Klemperer
‘Julian played a crucial and prominent role in the discussions between 1996 and 1998 which brought the Black Lawyers Association and the National Association of Democratic Lawyers together with the four provincial law societies to embark on the transformation of the profession. He was one of the signatories, on behalf of the then Natal Law Society, of which he was president, to the LSSA’s constitution and was present at the launch of the LSSA in Parliament in March 1998. His commitment to transformation was also evidenced by his inclusion in the delegation representing the attorneys’ profession before the Truth and Reconciliation Commission in October 1997,’ say LSSA Co-Chairpersons David Bekker and Walid Brown.
Mr Von Klemperer served as Co-Chairperson of the LSSA from 1999 to 2000 together with the late Judge Jake Moloi, who passed away in July last year. He represented the attorneys’ profession on the Judicial Service Commission from 2003 to 2009.
Mr Von Klemperer was admitted as an attorney on 22 January 1969 and practised at his firm, Von Klemperer & Davis, until 1994 and then as Von Klemperers Attorneys until his firm amalgamated with Shepstone & Wylie, where he was a consultant until his death. He served on the then Natal Law Society council, and was its president from 1997 to 1999.
‘As we acknowledge Julian’s contribution to the profession, we also acknowledge the immense loss to his firm and clients, and mostly to his family. We extend the condolences of the attorneys’ profession to his wife Margaret von Klemperer, and his children Judy and Christopher,’ say Mr Bekker and Mr Brown.
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.
Law Society saddened at death of former Co-Chairperson, Julian von Klemperer
Law Society of the Northern Provinces media release: Criticism against the judiciary testifies of disrespect towards the judiciary
The Law Society of Northern Provinces (LSNP) has noted the criticism raised against the judiciary from various quarters following the judgment, given by a full Bench in the matter between Corruption Watch & others versus the President in the Gauteng Division of the High Court (Pretoria), with dismay. The LSNP adds its voice to the prominent role players in the legal profession to state that the comments made, testify of disrespect towards the judiciary. This is of great concern, particularly having regard to the high-profile political figures and institutions who have made the irresponsible accusations against the Court which delivered the judgments on 8 December 2017.
Although the courts are not infallible, such public utterances are inflammatory and generate disrespect for the judiciary.
It is important in a constitutional democracy to accept that the judiciary is an important role player to ensure high constitutional values. If there are different views on judgments, such criticism should rather be dealt with in a manner which represents a truly democratic society.
Issued by
SBU GULE
PRESIDENT OF THE LAW SOCIETY OF THE NORTHERN PROVINCES
