Times Of Swaziland: LAW SOCIETY TAKES 20 OWING  GOVERNMENT LAWYERS TO COURT

LAW SOCIETY TAKES 20 OWING  GOVERNMENT LAWYERS TO COURT
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BY MBONGISENI NDZIMANDZE on 19/04/2017 09:09:00


MBABANE – They usually robe their black gowns to argue on behalf of clients in
court but tables have been turned.
This is the story of about 20 government lawyers who have been taken to court by
the Law Society of Swaziland (LSS) for allegedly failing to pay their
subscriptions.
Most of the lawyers who are reportedly failing to comply are from the chambers
of the Attorney General and that of the Director of Public Prosecutions (DPP).
In the summons issued by LSS lawyers from Howe Masuku Sibandze Attorneys, the
implicated lawyers had been given three days to respond.
The total amount owed by the learned friends is over E175 000.  The highest
amount owed by one of the senior government lawyers is E24 000.
The LSS has since issued summons against the lawyers, calling upon them to pay.
The society is further seeking an order directing that the implicated attorneys
be disallowed from appearing in court or charging fees as per the Legal
Practitioners’ Act.
Of note is that in the summons issued there are also few names of lawyers in
private practice.
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 practice 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 the summons.
The names of the implicated lawyers are known to this publication but would not
be revealed for now pending determination of the application against them by the
court.
Section 24 (2) of the Legal Practitioners Act provides that: every practising
legal practitioner other than an advocate, shall cause his books of accounts to
be examined at his own expense at least once a year by an auditor registered
under the Accountants Act, 1985 and for the purposes of this Act, any reference
to a public accountant shall be construed as a reference to a chartered
accountant registered under that Act.
Section 35 (1) of the Act further states that; every person admitted and
enrolled as a legal practitioner shall be a member of the Law Society and that
any member whose name has been removed from the roll or the register shall cease
to be a member of the Law Society.