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LSS ORDERS 15 LAWYERS TO PAY SUBSCRIPTION

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MBABANE –The court has ordered about 15 lawyers from private practice and government to pay their subscriptions to the Law Society of Swaziland (LSS) or be disbarred.


This comes after the LSS obtained default judgments against them at the Mbabane Magistrates Court on Wednesday.
A default judgment is a binding judgment in favour of either party, based on failure to take action by the other party. Most often, it is a judgment in favour of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default.


The default judgments against the learned friends were issued by Mbabane Senior Magistrate Nonhlanhla Dlamini.
Before obtaining the default judgments, the LSS issued summons against the lawyers calling upon them to pay their subscriptions.  The LSS was further seeking an order directing that the implicated attorneys be disallowed from appearing in court or charging fees as per the Legal Practitioners’ Act.


In its particulars of claim, the society argued that the lawyers were in breach of Law Society Bye- Laws, in that they had not paid the members’ subscriptions as per the requirements of the  law and as such, they could not practise nor charge a fee for services as per the Act.


“Despite the lapse of a period upon which the defendants were to pay subscriptions and despite demand, defendants have failed and or refused to make forthwith payment to the plaintiff (LSS),” reads part of one of the summons.

 

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