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ACDP MP and member of the Justice and constitutional Development Portfolio Committee, Steve Swart, today expressed his grave concerns about the possible abuse ofministerial power to the detriment of the independence of the legal profession.

“The ANC indicated today that it was persisting with ministerial powers to, under certain circumstance, dissolve the Legal Practice Council, a proposed statutory council that will control the day to day functioning of the legal profession. We reiterated our previous arguments in opposition to this power as, in our view, it infringed upon the independence of the legal profession, which like the independence of the judiciary, is required in the public interest.

We are particularly concerned that should the Minister of Justice and Constitutional Development be of the view that there has, for example, in his view not been sufficient transformation of the legal profession, he may dissolve the Legal Practice Council, and appoint an interim council of seven persons to run the profession, who need not even be legally qualified.  Before exercising the power, the Minister must appoint a retired judge to conduct an investigation into the council and make recommendations to him, but he is not bound by the recommendations.

The late former Chief Justice Arthur Chaskalson in November last year expressed his grave concerns about this ministerial power, “...the mere fact that he has the power to dissolve the council and appoint an interim council, is a potential threat hanging over the head of the council, is inconsistent with the independence of the profession, and is calculated to secure compliance rather than resistance from it should difference on important issues ever surface between them.”

The ACDP calls on the ANC to reconsider its position on this power which is a serious threat to the independence of the legal profession. An independent, effective and competent legal profession is fundamental to the upholding of the rule of law and theindependence of the judiciary.”