Department of Justice and Constitutional Development
The justice and constitutional development minister, Jeff Radebe, has expressed his desire that the Legal Practice Bill be tabled in Parliament before the end of this year.
He revealed this in a written reply to a parliamentary question.
The minister added that he hoped that deliberations on the bill could commence “in earnest” at the start of the 2012 parliamentary year.
He confirmed that the bill was currently with the chief state law adviser for certification.
“It is hoped that the certification process will be finalised soon, where-after the bill will be introduced into Parliament”.
Cabinet approved the bill for tabling in Parliament in December 2010.
The minister pointed out that, since then, continuous interaction with the legal profession has taken place to find common ground on certain aspects of the bill.
The proposed legislation aims to put a framework in place that facilitates the transformation and restructuring of the legal profession.
The bill will also:
• Make the legal profession representative of the South African population
• Ensure that constitutional values are reflected in the profession
• Promote the rule of law
• Set up a transitional structure to oversee transformation of the legal sector
• Increase access to justice
• Cap fees that lawyers and advocates can charge
• Instruct lawyers to undertake compulsory community service for free
• Establish the South African legal practice council
In his reply, the minister emphasises the lack of transformation within the legal profession.
“The legal profession is still not representative of the demographics of South Africa and entry into the profession is, in many instances, determined by outdated, unnecessary, and overly restrictive prescripts”.
The bill seeks to unite the profession and ensure regulation under a single statute.
The envisaged legal practice council will put “norms and standards for all legal practitioners” in place.
Legal practitioners will also operate under one code of practice.
The council will play a key role in implementation.
In a separate reply, the minister indicated that his department was still considering the viability of the proposed victims compensation.
The South African Law Reform Commission (SALRC) produced a report outlining a possible compensation fund for victims of crime in 2004.
Cabinet decided last year that more work on the report was needed.
The minister announced that the SALRC has been instructed to produce either a supplementary report or undertake a new investigation altogether.
According to the minister, the SALRC has informed him that his request would be considered when new projects are identified.
Sabinet Cape Town Office
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