Lawyers at war over bill

THE Legal Practice Bill, which is setting new governance rules for legal practitioners, has sparked what appears to be deep divisions within the profession.

The Law Society of SA and the Independent Association of Advocates of SA yesterday came out in opposition to sections of the bill that would give Justice Minister Jeff Radebe powers to cap legal fees and have ministerial appointees on the proposed Legal Professions Council.

The two bodies were among several organisations that appeared before the portfolio committee on justice and constitutional development yesterday.

The bill seeks to dissolve law societies and bar councils and replace them with a statutory council that would report to the minister.

Speaking during the public hearings, Advocate George Bizos SC also objected to the idea of giving the minister powers to appoint members of the proposed council.

"Maybe we trust this minister but we cannot give powers to a minister because we do not know what the next minister will be up to," Bizos said.

But the Black Lawyers Association said it was crucial to give Radebe powers to appoint some members of the proposed council.

Its president, Busani Mabunda, said "there's nothing untoward" with the move.

Mabunda said this was crucial to ensure political oversight of the profession.

"We believe that there is nothing absolutely untoward with the minister having an active participatory role in terms of making determinations as to, for instance, where the regional councils should be. The reason for that, is that much as independence is valued and necessary, political oversight with a view to regularising a society which is not perfect is instructive," he said.

Law Society of SA co-chairman Jan Stemmett said the proposed legal services ombudsman should be appointed by the office of the Chief Justice and not Radebe, as stated in the bill.

Independent Association of Advocates of SA chairman Mark Hawyes said should Radebe be allowed to set legal fees, many lawyers would quit the profession to pursue other commercial interests.