PROGRESS ON LEGAL PRACTICE BILL

Black Lawyers Association (BLA) welcomes the passing of the Legal Practice Bill (LPB) by the National Assembly on the 12th November 2013. BLA is pleased by the overwhelming support of the Bill as 227 members of the National Assembly voted in favour of the Bill whereas only 81 opposed it with only one member abstaining.

This is significant because over 73 percent of Members of the National Assembly present at the passing of the Bill voted in its favour. BLA is satisfied by the political will on the part of the Ministry of Justice and Constitutional Development and the pivotal role played by the Portfolio Committee on Justice and Constitutional Development.

BLA is happy to note that a number of its written and oral submissions and subsequent comments made thereafter to the Portfolio Committee found their way to final version of the Bill. As a vanguard for the interests of the Historically Disadvantaged Legal Practitioners BLA finds it appropriate and befitting that the final version of the Bill fundamentally recognizes and protects the interests of the Historically Disadvantaged Legal Practitioners as is amply captured under Sections 6(5)(h)(iv) and 94(1)(b) of the Bill.

These Sections are, amongst others, the provisions suggested and/or supported by BLA.

BLA finds the Bill to be a well-rounded piece of Proposed Legislation; it balances the transformation agenda of the Legal Profession as directed by the Constitution and at the same time not compromising the independence of the Legal Profession. Still on this point BLA notes that the much debated ministerial powers in terms of Section 14 has been formulated in such a way that there are internal and central mechanisms designed to make sure that the Minister's powers are not exercised capriciously or arbitrary but against set objective standards.

On the same breath BLA finds the intent, in terms of Section 24, to establish Provincial Councils in every Province, a view addressed by BLA during the submission stage, being a progressive step in that it will address the needs of members of public and Legal Practitioners in the remote areas as opposed to the current arrangement whereby Law Societies are only established in the big cities.

The spread of the Councils throughout all the Provinces will also address the issues of access to the legal profession, a reality and at the same time save members of the public from travelling long distances to protect their interests against unscrupulous Legal Practitioners, as experienced as a result of the effects of the current apartheid legislations.

In conclusion, BLA is comfortable with the inclusion of representatives of the members of public in the Council as members of public are the biggest stakeholder in the affairs of the Legal Profession which is a norm generally accepted in many democracies around the world.

BLA urges all affected stakeholders to make further submissions, if any, once called upon to do so by the National Council of Provinces, as that is the next step in the process leading to the enactment of the Bill.

Statement issued by P.B. Mabunda, President of the Black Lawyers Association, November 14 2013

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