Johannesburg - Retired Western Cape High Court Judge Siraj Desai, South Africa’s legal ombudsman, said the office was receiving a lot of complaints on legal matters and had made significant progress in protecting the rights of complainants and promoting professionalism within the legal fraternity after being affected by Covid-19 pandemic.
The office officially started operating on June 15 and only offices in Centurion, Pretoria and Cape Town, Western Cape were operating.
Judge Desai was speaking at a media briefing held in Pretoria on Tuesday. The briefing was to inform and update the public about the progress made in respect of his office and, more especially, the very recent promulgation of the sections of the Legal Practice Act which deal with the appeals processes.
He said the highest number of complaints have been recorded from Gauteng, the Western Cape, and KwaZulu-Natal.
“Currently complaints received are referred to the Legal Practice Council (LPC) for investigation. Complaints are referred to the LPC for investigation as the regulatory body of the legal profession.
“The office has also received quite a lot of complaints that the LPC had already made findings on. These complaints must therefore be referred to the Appeals Tribunals of the LPC. We have also received complaints that fall outside our mandate, these complaints are referred to the relevant institutions where we can,” he said.
He highlighted that one of the significant achievements of the office was to promulgate various sections of the Legal Practice Act, intending to regulate the provision of legal services in South Africa.
“These developments have brought about positive changes in the legal sector by fostering transparency, accountability, and a fair and ethical practice environment,” he added.
Regarding appeals, the judge announced that anyone dissatisfied with the outcome of the LPC’s disciplinary process can now appeal. The measure became operational as of May 26.
Meanwhile, Judge Desai mentioned that they have observed instances of improper and unethical conduct by certain legal practitioners, as reported in the media, social media platforms and judicial judgments.
“Such conduct deeply concerns us, as it undermines the integrity, independence and public perception of the legal profession. We are taking measures to address this issue, including engaging with the LPC as the regulatory body of the legal profession to ensure appropriate actions are taken. As an oversight body, we are committed to ensuring the LPC’s compliance with their duties and holding them accountable,” he said.
He said the office would continue to exercise its oversight role and monitor those complaints.
“One of the significant achievements of the office is the promulgation of various sections of the Legal Practice Act, which aim to regulate the provision of legal services in South Africa,” he said.
Judge Desai added that the promulgation of the Legal Practice Act and the resolution of complaints between complainants and legal practitioners signify a positive step towards achieving a fair, transparent, and accountable legal sector in South Africa.
kamogelo.moichela@inl.co.za
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