STATEMENTS MADE BY MR. SIHLE ZIKALALA AGAINST ADVOCATE THEMBEKA NGCUKAITOBI
The National Association of Democratic Lawyers notes with dismay the regrettable statements made by Mr. Sihle Zikalala (Premier of KwaZulu- Natal and Chairperson of the ANC in KwaZulu Natal) against Advocate Thembeka Ngcukaitobi.
Advocate Ngcukaitobi represented disgruntled members of the ANC at the Pietermaritzburg High Court. Mr. Zikalala referred to Advocate Thembeka Ngcukaitobi as a counter revolutionary and made unwarranted allegations against the advocate as -colluding with counter-revolutionary forces and the “enemy” because the advocate has in the past represented members of other political organisations.
Members of the legal profession have the right to represent any client of their choice despite that client’s political affiliation. A lawyer may represent the views of his client and these views are not necessarily the views or opinions of the lawyer. This is a cornerstone upon which the independence of the legal profession is based.
Mr. Zikalala’s statements are of a serious and of a dangerous nature as it challenges the independence of the legal profession which is rooted in the Constitution of the Republic of South Africa. The sanctity of the independence of the legal profession is set out in the Lagos Principles of Law and further protected by the African Charter on Human and Peoples Rights, the International Covenant on civil and political rights. Such a statement offends against the principles of good governance including adherence to the rule of law, democracy and accountability.
Such an attack is neither warranted nor acceptable in a Constitutional dispensation such as ours and is seen in countries where democracy is on the decline. Attacking the independence of the legal profession is a tradition of the apartheid regime and has no place in a democratic society.