The two arms of the legal profession have been wrangling for about 15 years over what a new legal practice law should contain, with numerous suggestions being shot down by one side or the other.
The bill seeks to transform the legal profession and to create a council to regulate both the attorneys' profession and that of advocates under one roof. It further provides for the justice minister to have representation on the council.
Parliament's justice committee received a submission from a delegation from the GCB, led by its chairman Ishmael Semenya, on changes to the bill that would be acceptable to it.
Democratic Alliance MP Debbie Schafer wanted to know from the GCB why it had taken so long to negotiate a common position for the legal profession.
Rudi van Rooyen, who presented the main submission for the GCB, admitted that all the involved parties had indeed erred in not coming to conclusions earlier. The process was a complex one.
African National Congress MP John Jeffery warned that "we are going to be finalising this bill this year and we hope the attorneys and advocates find each other, otherwise we will find a solution for you".
The GCB proposed that the suggested legal practice council should have separate chambers for attorneys and advocates.
However, the suggestion does not enjoy the full support of the advocates' profession.
In addition, a concern has been raised that neither the model in the bill nor the amended structure of the GCB adequately provides for the legal profession.
The GCB, which is divided on the issue of the structure of the legal practice council, acknowledged these divisions. It noted there were advocates who found ministerial representation in the structure objectionable and those who did not. Those not against believed there were legitimate public interest matters concerning the government in the regulation of the legal profession, making such representation acceptable.
"(While) the government should not be involved in governance/management of the professions, regulation of matters such as access to justice and compulsory community service is government business," the GCB submission says.
Those who objected to ministerial representation agreed that there are public interest matters of concern to the government. But the appointment of a legal services ombud, as provided in the bill, was sufficient to provide both government and the public a mechanism to ensure that the professions were addressing those matters.
"The ombud will be the watchdog," the submission further says.
Source: Business Day via I-Net Bridge
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