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The ANC in the Gauteng Provincial Legislature has made an about-turn on the Legal Practice Bill and disregarded extensive input by the public and professional stakeholders during the deliberation process.
 
The initial position of the Gauteng Provincial Legislature in its negotiating mandate to the National Council of Provinces (NCOP) was that the province “supported, subject to the amendments it had proposed, the principles and detail of the Bill”. This was also articulated by one of the provincial permanent delegates in the NCOP Select Committee on Security and Constitutional Development on 25 February.
 
The Gauteng Provincial Legislature recommended a number of substantial amendments to the Bill, many emanating from the public consultation process and leading industry representatives, upon which conditional support for the Bill rested.
 
Despite this, ANC Chief Whip Brian Hlongwa stated at the end of the initial meeting which was held before the public hearings, that the ANC would be supporting the Bill, a slap in the face of the pending public inputs and public consultation process insisted on by the Speaker Lindiwe Maseko.
 
The Department of Justice and Constitutional Development has since rejected the proposed substantive amendments put forward by the Gauteng Provincial Legislature and the ANC has used its majority to push through support for the Bill as it stands in the final mandate of the province.
 
The DA opposes this final mandate in support of the Legal Practice Bill in its current form.
 
The DA believes that transformation in all aspects of South African life is essential and no one should be excluded from any industry as a result of their colour or the circumstances of their birth. The legal profession is no different.
 
We do not believe that the Bill as it stands will encourage broader racial representivity whilst this is proclaimed as it primary purpose.
 
The Legal Practice Bill will in fact make it more expensive for new attorneys to participate.
 
The Bill will essentially fuse the attorney and advocate professions which doesn't add value to the professions.
 
Instead of championing the cause of greater access to justice, the ANC has proven that the public participation process was a farce and regardless of what was said by stakeholders, the Bill was going to be adopted without substantial amendment.
 
Any overtures to meaningful participation in the legislative process by the public and key stakeholders was effectively shot down by the ANC in the Legislature after it was, in all likelihood, whipped back into line by Luthuli House.