We need an inquiry into the R41.9 million spent on the Arms Procurement Commission's evidence leaders 

03 December 2014

I have lodged a request for a formal inquiry into the excessive fees charged by counsel acting as evidence leaders for the Arms Procurement Commission.

A reply to a DA parliamentary question reveals the Arms Procurement Commission's evidence leaders have cost the taxpayer R41,9 million between the 2012/13 and 2014/15 Financial Years.  

The top-earning senior evidence leader was Advocate S.Lebala SC who took home R10,2 million. 

The top-earning evidence leader was Advocate P. Ngobese who took home R6.7 million.

In general, the fees charges appear to be excessive and therefore unreasonable given that:

Counsel were acting for a public body;

Counsel were remunerated from public funds;

Counsel were not dealing with particularly complex matters;

Counsel, acting as Senior Evidence Leaders, were supported by Evidence Leaders, in much the same was as Senior Counsel are supported by Junior Counsel in other matters; and

Counsel appear to have been entitled to take on other briefs while acting as evidence leaders for the Arms Procurement Commission.

I have therefore lodged requests for formal inquiries into the fees charged with the Pretoria Society of Advocates, Johannesburg Society of Advocates and Society of Advocates of KwaZulu-Natal on the advice of the General Bar Council of South Africa.

A formal inquiry will hopefully determine:  

Whether the fees charges were reasonable; 

Whether, in the event fees charged were unreasonable, counsel were guilty of unprofessional conduct; and 

In the event fees charged by counsel were unreasonable and/or counsel were guilty of unprofessional conduct, what sanctions will be imposed.

The General Council of the Bar of South Africa's code of conduct states that the profession is not "a mere money-getting trade".

Unfortunately, the excessive fees charged by the Arms Procurement Commission's evidence leaders creates exactly the opposition impression.

Statement issued by David Maynier MP, DA Shadow Minister of Defence and Military Veterans, December 3 2014

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