09 December, 2005

Watchdog called on to take stick to SA’s law societies

Legal Affairs Correspondent CAPE Town information technology lawyer Reinhardt Buys said yesterday he hoped the Competition Commission would force law societies to change some of their anticompetitive rules. Buys filed a complaint with the commission late last month, highlighting the anticompetitive rules of different law societies that prohibited law firms from marketing themselves and from offering legal services lower than the prescribed minimum. “The basis of our complaint is that the current South African regulation of attorneys fails to recognise the difference between regulation of the profession and representation,” Buys said. The country’s law societies are the professional bodies to which all practising attorneys must belong and by whose rules they must abide. There are four such societies: the Cape Law Society, the Free State Law Society, the KwaZulu-Natal Law Society and the Law Society of the Northern Provinces, which includes Gauteng. Buys said he was awaiting a response from Justice Minister Brigitte Mabandla to a complaint he filed with her early last month. In an open letter to Mabandla, Buys called for the scrapping of the Attorneys Act and the dissolution of the law societies. “We did not receive any response from the minister ... This is rather disappointing because we truly believed the minister shared our concerns.” The Law Society of SA dismissed Buys’ call, saying all professions need regulation. It said the interests of the public would not be protected without the Attorneys Act. It said issues Buys had raised would be discussed. Buys said representation and regulation should be two different functions. “Although it may be true that the law societies represent the legal profession, it is simply not correct to assume that they should also regulate the profession.” “Within our legal profession, these rules and functions are confused and the representative body is also the regulatory authority. Imagine if a group of liquor store owners replaced the Liquor Board to regulate and license liquor stores.” http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A124985

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