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LAWYERS ‘TEND TO TURN TO THE BOTTLE’

24/12/2013 04:49:00 BY MBONGISENI NDZIMANDZE

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MBABANE – Lawyers tend to be relatively inactive socially and their form of recreation is generally restricted to the bottle.
This is contained in the annual report by the Law Society of Swaziland.

“Their form of recreation is generally restricted to the bottle and this other thing….. It starts with … You’ve guessed right! This way of life makes us vulnerable to diseases which, in turn, can cut our useful lives short,” reads part of the annual report.

President of the Law Society of Swaziland Titus Mlangeni stated that the society has taken decisive steps to revive the Botswana – Lesotho – Swaziland connection with a view of having regular social and professional interaction.
Mlangeni said perhaps they should create a domestic programme and develop it into a regional one.

Attempt to normalise issue of overaged judges - lawyers

MBABANE - The Law Society of Swaziland alleges that there is an attempt to pass a gazette to ‘normalise’ the issue of overaged judges sitting in the Supreme Court.
In their annual report, the society stated that all indications were that the judicial crisis would remain with them in the foreseeable future.

“The issue of overaged judges, for instance, was raised administratively as well as in litigation. From the grapevine it appears that an attempt was being made to pass a gazette that was to ‘normalise’ the situation. I do not know how the issue was put to rest,” stated the President of the Law Society of Swaziland, Titus Mlangeni.
Mlangeni further stated that the affected judges continue to sit and lawyers know that an Act of Parliament cannot be modified through a gazette.

“As we go forward, it might become necessary to drastically devise a strategy on how to deal with numerous rule of law issues. Although the High Court needs more judges, there is no point in having many judges when the working environment is hardly conducive,” reads part of the annual report.
Section 156(1) (b) of the Constitution of Swaziland stipulates that a judge of the Supreme Court may retire at anytime after attaining the age of 75.
One recent case in the High Court where the issue of overaged judges was questioned was in the matter involving former Member of Parliament Bhokile Shiba against SwaziBank.

Shiba challenged the sitting of Supreme Court Judge Ahamed Moosa Ebrahim in the matter alleging his sitting there was illegal because his age was above the stipulated 75.
He said, therefore, the judge was no longer eligible to sit in the court due to his age.
He alleged that Judge Ebrahim is above the retirement age of 75 as he was born on December 2, 1937 in Kadoma, Zimbabwe and he had reached the mandatory retirement age of 75 years in terms of the Constitution of Swaziland.

Rule of law issues still ‘stick out like sore thumb’

MBABANE – The Law Society of Swaziland says the rule of law issues are still ‘sticking out like a sore thumb’ and appear to be worsening by the day.
This is contained in their annual report for the period 2012- 2013.

In the report, President of the Law Society of Swaziland Titus Mlangeni further stated that the legal profession was presently at an unenviable stage, a stage that is reminiscent of a terminal disease. “The past few years in the history of justice delivery in this country have been a nightmare, portraying arguably the worst patch in more than a decade. “Members must be commended because they have not sat back and watched.

“The fact that nothing much has been achieved is an incongruous reflection upon the favour and commitment that has been demonstrated by members in a very difficult time,” Mlangeni stated.
He stated that one would think that when an opportunity for conciliation presents itself, it would be taken with both hands.

The president said the tension that had existed in this country between the legal profession and Judicial Service Commission (JSC) had for a long time, been almost visible. “The legal profession has asked for nothing more than unwavering commitment to the rule of law.

“In response it has either been ignored or snubbed,” reads part of the annual report.
Mlangeni also commended the Law Society for maintaining professionalism and avoiding to lace its business with other issues.

‘Misdemeanour among lawyers quite disturbing’

MBABANE - The extent of professional misdemeanour among lawyers is quite disturbing.
This is contained in the annual report of the Law Society of Swaziland.

“It includes over-charging clients, failure to account for monies collected and resorting to avoiding clients,” reads the report.
It is further stated that the noble profession was already under siege and it did not serve well to create more problems than they (lawyers) already have.

Possible

The President of the Law Society of Swaziland Titus Mlangeni, in the report, further stated that it was possible that some people in this country imagine a future society without lawyers.
“Let us not make the cause easier. Disagreement between attorney and client could be unavoidable at times, but there is no excuse for failing to address the problem once it has arisen.

“Avoiding seeing a client is not one of the ways to solve the problem,” he stated.

Disciplinary

Mlangeni further stated that the disciplinary procedure continued to stutter but the real culprits were the lawyers who do not cooperate and often defy the tribunal.
He said should the institutions of the State take over the disciplinary procedure they would have no one to blame but themselves.
The president stated that it was not inconceivable that this could happen.

Lawyers encouraged to join a retirement fund

MBABANE – Lawyers have been encouraged to join a retirement fund that will sustain them when they can no longer sustain themselves.
In their annual report it is stated that adverse economic factors have made it difficult for them to make cash savings.

It stated that for the average citizen, food, health and education were far more important than legal redress.
“In the event of sudden death, or death after a long illness, the stark reality is that a lawyer could have a pauper’s funeral.
“We do not want that to happen.

“To avoid this in future, lawyers should start a burial fund without delay.
“A small amount of E100 per month could get this up and running within one year,” reads part of the report.
President of the Law Society of Swaziland Titus Mlangeni encouraged lawyers to join the retirement fund as these days when they have become so sickly, professional indemnity cover was also useful.

Mlangeni also urged lawyers to pay deputy sheriffs and messengers of the court for services rendered.
He said if necessary they should pay them from their own business account and then deal with their clients.
“It would be remiss for me not to thank all active members who have been supportive to Council in very difficult times.
“We have always earned respect but you gave it away. For our part, we have acted in good faith throughout,” said Mlangeni.