Speech by Steve Smart MP, ACDP spokesperson on justice, in the Second Reading debate on the Legal Practice Bill, National Assembly, November 12 2013
ACDP concerned about impact of Legal Practice Bill on independence of legal profession
Chairperson/ Speaker,
The Commonwealth (Latimer House) Principles on the Three Branches of Government (Nov 2003) IV Independence of the Judiciary, to which South Africa is a signatory states that, ‘An independent, effective and competent legal profession is fundamental to the upholding of the rule of law and the independence of the judiciary.'
One of the top South African advocates practising in London, Sydney Kentridge said, ‘there are few things as essential to the maintenance of liberty in a state as the existence of an independent body of advocates ready to appear for every person in every kind of case.'
To protect this independence, governance and management of the profession may not be done by the state. The minister may only provide the statutory framework within which the legal profession is to be regulated. Minister Radebe is on record as saying that he doesn't want to control the profession. That we in the ACDP accept. However, as Chairman Llewellyn Landers is often at pains to explain, we legislate for the future and need to consider a dictator-type person being in control.