THE BLACK LAWYERS ASSOCIATION GLADLY EMBRACES THE LEGAL PRACTICE ACT 28 OF 2014

Black Lawyers Association (BLA) welcomes the passing into law of the Legal Practice Act 28 of 2014 (the LPA). BLA has been in the forefront calling for the transformation of the legal profession through an Act of Parliament. It is on this basis that BLA contributed immensely in the debates and submissions which culminated in the passing of the LPA. In the LPA, we see the efforts of all the stakeholders who sacrificed their time and resources in order to realise a transformed profession which will treat its members with dignity and members of public with respect and in a transparent manner. In the history of South Africa through the LPA, members of the public will have direct representation in the Regulatory body of the legal practitioners.

The news that President Jacob Zuma has assented to the Legal Practice Act 28 of 2014 could not have come at a more appropriate time, to Black Lawyers Association, than now. It would not make sense that the legal Profession would continue be regulated by the pre-democracy legislation more than 20 years into the new era. The coming into law of the LPA is a major step towards the transformation of the legal profession, which step is very important because the transformed legal profession paves way for the total transformation of the judiciary.

As is the position with the entire Legal Profession, BLA tirelessly waited for the promulgation of the Act. We knew that the President would, after making all the necessary considerations, sign the Bill into the law. The fact that the Act has been in the public domain since 1998 is an indication that the appropriate considerations had been put in place in order to produce an Act which will drastically redress, to a larger extent, the imbalances experienced in the past, within the legal profession.

It did not make sense to BLA that, at this era, we should still be having legal professionals who were regulated by the laws of the former TBVC states. The LPA has abolished that differentiation and as such we now have one unified profession which caters, equally for all the practitioners irrespective of their history, to the benefit of the public.

Other innovations are that the LPA will also bring the attorneys and advocates under the authority of one regulatory body and that it introduces the office of the Ombudsman in the legal profession to look after the interests of the public.

BLA is not oblivious to the fact that there might be other people who would not support the changes to be ushered in by the new Act. We will, however, welcome all those who will come with ideas which are aimed at seeing the Act succeed on its scope and purpose. We are also aware that the new Act is not a perfect piece of legislation, but same, with its nugatory flaws as compared to the positive gains it introduces, needs to be supported.

Now that the Act is in place we call on all stakeholders and or conveners to immediately constitute the National Forum for it to direct the agenda of the Act without any further delay.

Statement issued by PB Mabunda, President of the Black Lawyers Association, September 26 2014

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