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SAIRR: Legal Bill may intimidate lawyers

The Legal Practice Bill of 2012 could intimidate lawyers from accepting cases which “irritate” the government.

03 August 2012 | YADHANA JADOO

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JOHANNESBURG -  This is the view of the SA Institute of Race Relations (SAIRR).

“Yes, some lawyers may be brave, but we cannot deny the element of pressure created through the Bill,” SAIRR  head of special research Anthea Jeffery said.

“If the Bill becomes law, the dependents of Andries Tatane and other victims of unjustified police shootings may find it more difficult to secure lawyers willing to take on their cases.

So too may motorists offended by irrational and allegedly corrupt e-tolling or accused people needing due process in the criminal courts,” she added.

Under the Bill, attorneys and advocates would be regulated by a new statutory council reporting to the justice minister.

Co-chairman at the Law Society of SA (LSSA), Krish Govender, felt that the SAIRR’s statement was insulting.

“This statement is insulting to lawyers. All our hard fought Constitutional rights will never be easily sacrificed for anybody.”

Govender said some issues surrounding the Bill had been put up for possible debate before the portfolio committee. The LSSA believed that the Bill was workable and followed fairly good processes.

“The profession would want to ensure that the Bill emerges as something South Africa could be proud of.  We are not seeing it as a threat but harmonious, and achieving increased access to justice.”

The Draft Bill rather allows for different law societies to be brought into a process that would allow for a single body to govern the legal profession, he said.

 It also attempts to address racial and gender imbalances in part of the transformation.

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