LSSA urges JSC to deal with allegations of racism expeditiously and transparently
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
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
Law Society expresses grave concern at views by President Zuma on the courts
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
Notyesi and Van Rensburg elected to lead the LSSA
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.
Law Society applauds landmark judgment on the binding nature of the public protector’s remedial action
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
