Legal Practice Council totally inappropriate with prescriptive measures
The Solidarity Occupational Guild for Legal Practitioners expressed its concerns regarding proposals made by the Legal Practice Council with regard to amendments to the Legal Practitioners Act.
Recently it was reported that the Legal Practice Council was determined to prohibit law firms from setting the requirement that prospective candidate attorneys should have their own vehicle and driver’s licence, and the Council indicated that such a requirement would be “anti-transformative”. In addition, it was also reported that an investigation indicated that dozens of advertisements require proficiency in Afrikaans in addition to English, and some advertisements only required that a candidate should speak Afrikaans.
According to the draft notice, the Council is of the opinion that this practice is anti-transformative and detrimental to persons from disadvantaged backgrounds. The proposed amendment goes further to stipulate that a principal will be prohibited from offering an employment contract that contains any “unreasonable” or “unusual” provisions. However, this creates uncertainty because no criterium is set as to what is considered to be “unreasonable” or “unusual”, or regarding who would determine what is “unreasonable” or “unusual”.
“This would mean that an attorney would be guilty of misconduct if his job advertisement required a suitable candidate legal practitioner to have a valid driver’s licence, and that he or she should own or have access to a motor vehicle,” said Henru Krüger, Sector Head of the Occupational Guild for Legal Practitioners at Solidarity. Furthermore, there has haver been a provision in law regarding what is considered to be “unusual”.
The Guild for Legal Practitioners believes that a definite distinction should be made between the practical, inherent requirements for a position that are non-discriminatory and in line with existing labour legislation, and requirements that are discriminatory and have been described as such in the Constitution.