LAW SOCIETY TAKES 20 OWING GOVERNMENT LAWYERS TO COURT

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.

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