The first election period for the new Legal Practice Council (LPC) closed at 12 noon today, 3 October 2018. Throughout the nomination and election process for Council members for the LPC, the Law Society of South Africa (LSSA) has encouraged legal practitioners to participate in this historic process which will bring into existence a national body to regulate all legal practitioners – attorneys and advocates – for the first time in the history of the legal profession.

The LSSA has noted with concern the views expressed by some legal practitioners in the media criticising as unconstitutional the ‘quota system’ for the election of LPC Council members gazetted as part of the regulations made by the National Forum on the Legal Profession (NF) under section 109(1)(a) of the Legal Practice Act 28 of 2014.

‘We acknowledge that, as this is the first of such elections, it cannot be expected to be perfect nor totally satisfactory. Although the Act itself does not define the quotas, it does require that the composition of the LPC must, as far as practicable, take into account the racial and gender composition of South Africa - not that of the legal profession,’ note LSSA Co-Chairpersons Mvuzo Notyesi and Ettienne Barnard.

Attorneys must vote for the ten attorneys and advocates for the six advocates to serve on the LPC. In terms of the regulations to the Act, four black women attorneys, three black male attorneys, one white woman attorney and two white male attorneys with the highest number of votes in their respective categories will constitute the ten attorneys on the Council, and similarly the two black women advocates, two black male advocates, one white woman advocate and one white male advocate with the highest number of votes in their respective categories will represent the advocates’ profession on the Council.

The LSSA points out that the NF – which included representatives of the attorneys’ and advocates’ professions – debated and agonised over this issue extensively and painstakingly over many meetings. Similarly, the Justice Portfolio Committee was not comfortable with the concept of quotas. ‘We all agree that this is not the ideal way to elect representatives, but we understand that, until such time as the demographics of the legal profession reflect the demographics of our country, this was the reasonable way to ensure demographic representation of black and women Council members on the new Legal Practice Council,’ say Mr Notyesi and Mr Barnard.

They add: ‘This process can apply to the FIRST election only. Once the first Council is elected, it may consult, consider constitutional and statutory imperatives, and decide on the most suitable and democratic way for a transformed legal profession to vote. We urge all South Africans, in particular legal practitioners, to support the efforts which are intended to transform the profession.’

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Barbara Whittle – barbara@LSSA.org.za Tel: (012) 366 8800 or 083 380 1307
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 076 026 5997

Notification issued on behalf of the Council Members of the LSSA previously referred to as the statutory component (LSSA Council members who do not belong to the BLA or NADEL).

The Council members of the LSSA who do not belong to the Black Lawyers Association (BLA) or National Association of Democratic Lawyers (NADEL) wish to declare their support of the transformation process in the legal profession in which they have been involved since 1996 to bring about the Legal Practice Act that will put in place the Legal Practice Council to regulate all legal practitioners.

The Legal Practice Council, as regulator of all legal practitioners in South Africa, has several objectives; one of which is the transformation of the profession. The non-BLA and non-NADEL attorneys of the LSSA Council are satisfied that due protection for the promotion of these rights are included in the new Act.

The Legal Practice Council will be a regulatory body not only to protect the interests of the public but also to ensure the integrity of the profession, that professional standards are maintained, and that there is strict compliance with high ethical standards.

The above-mentioned members have identified the following candidates who they believe would add value to the profession and thereby be indicated on the voters’ roll during the first election being held under the Legal Practice Act 28 of 2014. The voting period runs from 19 September until 12 noon on 3 October 2018. Click here for a list of the candidates

Women:

1. Tasneem Moosa, (IW)

2. Janine Kim Myburgh, (WW)

3. Trudie Hayley Nichols, (CW)

4. Rehana Khan Parker, (IW)

Men:

1. Umesh Jivan, (IM)

2. Phaswane Cedric Mogale, (BM)

3. Mashudu Mphafudi, (BM)

4. Richard Scott, (WM)

5. Jan Stemmett, (WM)

The members believe that these candidates will ensure that the objectives and principles are promoted and not any political or organisational agendas.

Attorneys are, therefore, called upon to consider very carefully the objectives of the Legal Practice Council and the sensitive balance between the interest of the public and the profession to ensure that the profession is developing into a strong independent body of legal practitioners that can protect the rule of law and our constitutional values.

Practising attorneys are called upon to support and vote for these candidates who will adhere to the said principles and who all have been involved in years of law society or professional activities on various levels. A practising attorney may vote only for the election of attorneys. The may vote for a maximum of ten (or fewer) candidates. Voting closes on 3 October 2018 at 12:00.

Issued by
David Bekker
Non-BLA and non-NADEL member of the LSSA Council
Email: david@fs-law.co.za

The Law Society of South Africa (LSSA) welcomes the announcement by the Minister of Justice and Correctional Services, Adv Michael Masutha, that the elections for the Legal Practice Council (LPC) will commence with the nomination of Council members to the LPC, which starts at midnight on 5 September 2018. All practising legal practitioners are urged to participate fully in the elections.

An independent body, the Electoral Institute for Sustainable Democracy in Africa (EISA), will manage and oversee the elections. Nominations must reach the LPC’s election agency, EISA, by midnight of 14 September 2018. Voting via the ballot papers distributed will start at midnight on 19 September 2018 and will close by midnight on 30 September 2018. Results will be released by 4 October 2018.

The attorneys’ profession affirms the comments by the Minister and will continue to support the objectives of the Legal Practice Act (LPA) and specifically the ones highlighted at the media briefing, namely:

• a uniform regulatory body for all legal practitioners;
• transformation of the legal profession to reflect the demographics of the country;
• to consider gender representation specifically in the advocates’ profession;
• the establishment of the Office of the Legal Services Ombud;
• to increase access to justice by the introduction of community service for candidate and practising legal practitioners; and
• transform the dispensation for the conferral of senior counsel (silk) status.

The LSSA acknowledges the work and sacrifices made by the legal practitioners and other members who worked tirelessly on the National Forum to guide the profession to this historic moment when a transformed and unified regulatory body will take the legal profession forward.

The LSSA will continue as the unified, independent, representative voice of the attorneys’ profession, acting in the interest of the public and the profession; and defending the Rule of Law.

ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, MVUZO NOTYESI AND ETTIENNE BARNARD
Contact:
Ros Elphick – ros@LSSA.org.za Tel: (012) 366 8800 or 083 655 7163
Mapula Sedutla – mapula@derebus.org.za Tel: (012) 366 8800 or 076 026 5997