Justice and Constitutional Development Minister Mmamoloko Kubayi says the sustainability of the legal profession hinges on transformation and inclusivity.
The Minister delivered remarks at the first day of the Legal Practitioners Fidelity Fund (LPFF) Sustainability Conference held in Johannesburg on Thursday.
Drawing on the United Nations’ definition of sustainable development, the Minister framed the legal profession’s future not merely as a matter of professional interest, but as a constitutional imperative.
“No sphere of society or sector of the economy can continue to exist in the long run when there is asymmetry of power between those who are benefiting and those who are not, in favour of the latter.
“The outcry of the majority about the lack of transformation of the legal profession is a risk to the sustainability of the legal profession and our democracy. I am quite certain that all of you will agree that a sustainable legal profession has to be a transformed and inclusive sector,” the Minister told the gathering.
She added that a sustainable legal profession is in the interests of the department.
“As the primary guardian of the Constitution, the department is central to promoting constitutional values, the rule of law, and human rights. We can only fulfill this mandate at the back of a growing and sustainable legal profession,” Kubayi said.
The Minister cited the UN General Assembly’s landmark report “Our Common Future”, reminding delegates that sustainability means “meeting the needs of the present without compromising the ability of future generations to meet their own needs”.
Kubayi noted that the gathering explores how the sector can grow and empower practitioners “in a way that meets the needs of the present without compromising the ability of future generations”.
Engaging professionals
Kubayi reflected on the meeting she held with the legal profession to discuss transformation of the sector.
Practical proposals that arose from that meeting include:
- The Office of the Solicitor General (OSG) has been instructed to, in a month from last week Friday, convene a meeting that is transparent and fair and bring in stakeholders and build a system of procurement that can be accountable to the public but also from all professions.
- Through the Intergovernmental National Litigation Forum, the Minister and the Deputy Minister will discuss with other departments to impress on them to adopt transformational policies of the legal sector including the Legal Sector Code.
- All provincial state attorneys have been instructed to develop, within a month, a stakeholder engagement framework that will ensure that each office meets with stakeholders every quarter.
- Specific measures will be implemented to ensure that legal practitioners with disabilities are actively included in the allocation of state legal work.
The Legal Practise Bill
Kubayi noted that another matter critical to the sector is the funding and the mechanisms surrounding funding as they “relate to the sustainability and mandate of the Fund and other stakeholders and amendments to the Legal Practice Act and its associated Rules”.
The Bill is currently in Cabinet for approval and will be submitted to Parliament.
Key interventions in the Bill include:
- Removing the limitation that only one annual appropriation can be made by the Legal Practice Fidelity Fund (LPFF), allowing multiple appropriations as needs arise.
- Expanding LPFF liability from theft only to include loss with the wording “or due to the negligence of” added, thereby increasing public protection for trust funds.
- Excluding LPFF liability for cryptocurrency transactions due to valuation uncertainty.
- Prioritising the LPFF’s primary purpose in the event of resource scarcity.
- Guaranteeing representation of practicing attorneys on the LPFF Board, preventing the possibility that all legal practitioner members could be advocates.
- Mandating that theft of trust monies be reported to the South African Police Service with a criminal complaint as a condition for a valid claim.
“After cCbinet’s approval the amendment Bill will be sent to Parliament for processing by lawmakers.
“Parliament, in processing the Bill, will conduct extensive public consultation which means that you still have an opportunity to make comments that will help to shape the final Bill that will be adopted by parliament and assent to by the President.
““The two days that you will be spending here in this conference will give you an opportunity to explore these issues further and sharpen your thinking which can assist in further enriching the Bill,” concluded. – SAnews.gov.za
