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Parly wants Law Society president, executive jailed

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LOBAMBA – The House of Assembly yesterday adopted a report with a recommendation that the Law Society President, Titus Mlangeni and his executive should be jailed without an option of a fine.

Mlangeni and the executive face a maximum of two days behind bars for contempt of Parliament in that they refused to appear before a parliamentary select committee.

The select committee was established to investigate the efficiency of the Law Society Disciplinary Tribunal in handling complaints, by the public, against legal practitioners accused of misconduct. Also, it investigated the effectiveness of the model of self regulation of the legal profession, provided for in the Legal Practitioners Act of 1964.

The committee was assigned to table its findings within eight weeks.

In the report titled ‘Legal Practi-tioners Act Review ’, the committee put forth a finding that, apart from the Law Society’s refusal to appear before it, they also noted elements of intimidation contained in a letter the lawyers sent to the Speaker in the House of Assembly. This was interpreted as contempt of Parliament.

Another finding of the committee was that there were serious allegations of fraud and corruption against lawyers to which the recommendation was that the Minister of Justice and Constitutional Affairs should ensure that the Anti Corruption Commission thoroughly investigated them.

The Minister of Justice, Chief Mgwa-gwa Gamedze, was told to table it within eight weeks. It was also found that the Attorney General (AG) was ineffective in regulating trust accounts opened and kept by practicing attorneys, notaries or conveyancers. The recommendation was that the AG’s office should be more vigilant and effective in regulating trust accounts opened and kept by practising attorneys among other irregularities.

As far as the Law Society Fidelity Fund was concerned, the committee found that it was not properly administered and managed in the manner prescribed in the Legal Practitioners Act.

The recommendation was that the Act should be amended to ensure proper administration and management.

Corrupt lawyers will be deregistered

LOBAMBA – Lawyers charged and found to be guilty of fraud will be deregistered.

During investigations, the Legal Practitioners Act of 1964 was found to be not only archaic, but also unconstitutional since it violated the right of those who wanted to freely join a law society of their own choice.

Therefore, the committee said the Act needed to be amended by the Minister of Justice who should pilot a Bill within eight weeks.

Apart from deregistering guilty lawyers, the Bill should include: establishment of a public protector, legal aid clinics, regulation of lawyers’ fees, annual registration of lawyers and setting up an appeals body not constituted by lawyers where members of the public can report to when they have not been satisfied with the Law Society’s services.

... what contempt? – Law Society Secretary General

LOBAMBA – Simanga Mamba, Secretary General of the Law Society, in his personal response on this matter, wondered if Parliament knew the meaning of contempt.

"Do they understand what contempt is and what the procedures are before claiming contempt?

"The issue of the Law Society and Parliament is taking another twist, and it’s unfortunate that it has become a personal matter on the part of Parliament," said Mamba.

He mentioned that if Parliament was really interested in addressing issues of the legal fratrnity it should partner with the Society as a major stakeholder.

"Do they have the capacity to decide in this matter? The Law Society is a self-regulatory body.

"It’s very unfortunate that the taxpayer has to foot Parlaiment’s legal bill in this matter. It’s high time the Government Losses Committee took note of this," added Mamba.

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