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.
This is according to Legal Services Ombud, Judge Sirai Desai, who was briefing the media on Tuesday.
The promulgation operationalises how appeals panels will be appointed.
“Many of the convictions or acquittals of attorneys by the Legal Practice Council are in limbo because…there is no appeals process in operation. But the promulgation of sections of the Act two weeks ago makes it possible now for appeals to be heard.
“The appeals…[are now] heard by a tribunal that consists not simply of an attorney and an advocate but it is innovative in a sense that it includes a lay person. The lay person comes from a roster which we set up. It is an vital innovation…because it gives a fairer outcome to the issue that arises but it also democratises the legal process and subjects legal attorneys to the democratic will of the people,” he said.
Judge Desai says the calibre of the people who maintain applied to be on the roster has been high.
“We maintain several professors on the roll, we believe several medical doctors, social workers [and] psychologists who gain applied to be lay assessors. I can understand that we may need people of that calibre because some of the decisions are complex.
“It’s also a safeguard that the drafters of the legislation had in mind in that lawyers don’t honest protect their kith and kin, that the work that lawyers execute is subject also to some process outside of the profession. That’s an advance,” he said.
The Legal Ombud
The Ombud’s office has the power to investigate complaints, alleged maladministration, within the ambit of the Legal Practices Act, against legal practitioners.
Desai said in this regard, the office must become wholly independent.
“The offices of the Legal Ombud is intended to be an independent office…independent of government and independent of the Department of Justice. We are currently reliant upon the Department of Justice for our funding but in the course of the next twelve months, we hope to be entirely independent and be funded by the Department of Finance.
“We acquire to carry out that because the Act emphasises that the work that we execute should be independent from state intervention and state authority,” he said. – SAnews.gov.za
Hen Skittle
Hayibo! – wow! [Hai-bo] Derived from the Zulu word meaning “definitely not!” This word is usually expressed on its own, at the start or end of a sentence when something seems unbelievable.Example: “Hayibo! Ha! Ha! I can’t believe that!”
Tweety Bun Bun
Fun South African Fact: Three different destinations make up South Africa’s capital cities. This is to represent the South African government being divided into three sections. Cape Town is the legislative capital, Pretoria is the administrative capital and Bloemfontein is the judicial capital. Interestingly, Parliament meetings take place for six months in Cape Town and six months in Pretoria.