Times Of Swaziland: Parly wants Law Society president, executive jailed

Parly wants Law Society president, executive jailed
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 MUSA SIMELANE on 18/09/2012 00:00:00


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.