Cape Town - The newly launched Legal Services Ombudsman has set its sights on the conduct of lawyers and attorneys at the State Capture Commission of Inquiry.
The road to the launch was “long and torturous”, said retired Western Cape High Court Judge Siraj Desai, who was appointed ombudsman. However, it came at a crucial time when the public’s confidence in the legal profession was “at an all-time low” and had to be restored.
“The introduction of the Legal Practices Act (LPA) ushered in a new era of regulation for legal practitioners. It abolished the traditional law societies that were previously responsible for disciplining attorneys. A new regulatory body, the Legal Practice Council (LPC), was established, with one of its main aims the regulation of the professional conduct of legal practitioners.
“The self-regulatory function of the legal profession is often the subject of fierce criticism. There is a view that the profession has failed dismally in holding recalcitrant or corrupt practitioners to account. Legal practitioners are the guardians of the law and one of the custodians of democracy. The strength of our democracy lies in the ability of the law to be enforceable, and for the public to see that the law works for the majority of the people. The public need to have confidence that the people who are equipped to assist will not act in an untoward manner,” said Desai.
And while the office is currently funded by the Justice Department, Judge Desai told the Cape Times that this was a “temporary measure” as the ombud should be funded by the Treasury.
Judge Desai, who has deferred his retirement to assume his role in the ombud’s office, comes with a background of 44 years in the legal fraternity, having served the past 25 years as a judge.
He confirmed they had sifted through an estimated 90 applicants to serve in the ombud’s office and now have a complement of five staff – three of whom were experienced attorneys and a former Scorpions official.
Desai introduced Diana Mabasa, Elana van Zyl, William Mailula, Tshianeo Mamphaga and Munira Balim as the legal team who will take office with him.
“The goal is to investigate some cases proactively and to remedy injustice and instances of maladministration through effective dispute resolution. Holding the legal profession to account in cases of malfeasance and wrongdoing will go a long way in restoring public trust.
“These own initiative powers have the potential to heavily influence the impact of the ombud. If properly utilised it can prevent future violations and enable the ombud to examine systemic or structural problems in the dispute resolution mechanisms. The ombud has the power to participate in legal proceedings or launch its own litigation. By selecting strategic cases for maximum impact, the ombud can make a big difference in a short time,” said Desai.
Desai said the newly launched office was an “exciting prospect and a particularly historic moment in democracy” and he aimed to “protect and preserve the legal profession” as best he can while in office.
Visit https://www.justice.gov.za/olso/index.html for information
Cape Times