In a move
that has angered South Africa's top lawyers, Justice Minister Jeff Radebe has
revealed plans to scrap bar councils and the law society and replace them with
a state-influenced body.
The plans are contained in the
Legal Practice Bill re-introduced by Radebe in parliament this week. The bill,
which the legal fraternity has been trying to prevent for 10 years, gives the
justice minister sweeping powers over the legal profession.
The proposed
law seeks, among other things, to do away with the General Council of the Bar
of South Africa - which represents independent advocates - and the Law Society
of South Africa, a body that controls attorneys.
The bill proposes the two
structures be dissolved to form the South African Legal Practice Council, which
would report directly to Radebe every year. The justice minister would also
have the power to appoint non-lawyers to serve on the council.
The chairman of the bar council,
Gerrit Pretorius, said the organisation would fight for the independence of the
legal profession. "What is fundamental is to safeguard the independence of
the profession," he said. His counterpart at the law society, Jan
Stemmett, said the proposed law gave Radebe too much power over the legal
sector.
With government wanting to
increasingly meddle in the judiciary, I am worried that they are setting their
eyes are the legal profession as a whole now. While I agree that the minister’s
plans to introduce measures to cap legal fees warrant some discussion, I am of
the opinion that the legal profession should be as independent from the state
as possible to keep government in check.
No comments:
Post a Comment