By Lehlohonolo Lehana.
The promulgation of sections of the Legal Practice Act on appeals processes emanating from Legal Practice Council decisions against legal professionals is an innovative step forward in ensuring that these appeals are dealt with fairly, says Legal Services Ombud, Judge Sirai Desai.
Judge Desai was speaking at a media briefing held in Pretoria on Tuesday. The briefing was to inform and update the public about the progress made in respect of his office and, more especially, the very recent promulgation of the sections of the Legal Practice Act which deal with the appeals processes.
“Currently complaints received are referred to the Legal Practice Council (LPC) for investigation. Complaints are referred to the LPC for investigation as the regulatory body of the legal profession.
The office has also received quite a lot of complaints that the LPC had already made findings on. These complaints must therefore be referred to the Appeals Tribunals of the LPC. “We have also received complaints that fall outside our mandate, these complaints are referred to the relevant institutions where we can,” he said.
He highlighted that one of the significant achievements of the office was to promulgate various sections of the Legal Practice Act, intending to regulate the provision of legal services in South Africa.
These developments have brought about positive changes in the legal sector by fostering transparency, accountability, and a fair and ethical practice environment,” he added.
Regarding appeals, the judge announced that anyone dissatisfied with the outcome of the LPC’s disciplinary process can now appeal. The measure became operational as of May 26.
He said the office would continue to exercise its oversight role and monitor those complaints.
“One of the significant achievements of the office is the promulgation of various sections of the Legal Practice Act, which aim to regulate the provision of legal services in South Africa,” he said.
Judge Desai added that the promulgation of the Legal Practice Act and the resolution of complaints between complainants and legal practitioners signify a positive step towards achieving a fair, transparent, and accountable legal sector in South Africa.
He has also called on legal practitioners and the media to show decorum in the courts and legal practice.
“I am deeply concerned about the fact that there is a crumbling of observing legal ethics in the practise by lawyers, which impacts not only upon the image of the organisation but also impacts upon the sense that justice has been done in a matter.
“It is important that all practitioners observe decorum in our courts and project the image of the profession. It is a vital core of democratic practice that justice simply is not a judgment delivered but the process of judging is made an acceptable norm,” he said.
Desai said “excessive fees” charged by legal practitioners are creating a two tier justice system, which disadvantages the poor.
“One of the key issues that keeps on arising… are the excessive fees charged by private practitioners. I’m not suggesting that it should be regulated but if the practitioners do not bring a sense of realism to the fees that they charge to the actual practice to clients, they not only diminish the profession and make it inaccessible to the poor, but they also create two tiers of justice: justice for the poor and justice for the rich, with the rich getting the best available counsel.
“We must ensure that even the poor have the best of counsel and that justice is to them an equal source of relief, as it is for the very rich. As a country, we face challenges… to make a functioning democracy accessible and I hope, as Ombud, to contribute to that process,” he said.
The Ombud also had words of caution for media, which plays a role in broadcasting and reporting upon matters in the courts.
“I accept that television is important, that recording of evidence is important and that the display of the functioning judiciary is important to the public.
“We’ve gone a long way in making the courts open and transparent but let us not let the side down by impinging upon the integrity of the court, which then ultimately affects its functioning,” he said.