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The head of the Bar Association laments that the image of lawyers as a profession has been damaged

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The head of the Bar Association laments that the image of lawyers as a profession has been damaged

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Mpesi Harvester

largeLawyer Lintle Tuke, president of the AW Association of Lesotho (LSL), has lamented the tarnished image of the country’s legal profession, describing the “problematic and unethical conduct” of legal practitioners.

Adv Tuke accused some male lawyers of deceiving clients and sexually harassing female lawyers.

He spoke at the LSL Annual General Meeting (AGM) in Awani Maseru on Friday, where he retained his chairmanship without controversy.

The AGM agenda includes discussions on obstacles, challenges and achievements in the practice of law. The meeting also aims to review the organization’s audited financial statements.

Lawyers from around the world, including from Swaziland and South Africa, attended the event. Officials from the Bar Council of South Africa, the Southern African Development Community Bar Association and the South African Black Lawyers Association also attended the event. Attorney General Richard Lamoletsi also attended the event.

In a fiery speech on the state of the local legal fraternity, Adv Tuke accused some lawyers of engaging in the most “indecent practices”.

Serious situation

EraThe situation is so bad that other ethical lawyers are ashamed to admit their profession.

He said LSL was doing everything it could to protect the industry’s image and tighten regulations “to try and restore the good image of the industry.”

“The image of lawyers is currently very bad and it is embarrassing to be called an advocate or legal counsel on the street because we have created this bad image for ourselves which allows lawyers to get away with unethical and even illegal activities,” Adv Tuke said.

“We are also meeting with lawyers, magistrates, police, correctional service officials and High Court judges to try to improve our policing efforts.”

Imposter

Adv Tuke added that all lawyers must be registered with the LSL to practice in the country’s courts.

However, some people pretend to be lawyers without such registration, which complicates the process. In the future, lawyers should show potential clients a valid practicing certificate to prove that they are in good standing with LSL.

Adv Tuke said: “No lawyer shall consume or provide legal services unless he or she has demonstrated that he or she is in good standing with the Law Society by producing a valid practising certificate.”

“Under the subject area of ​​ethical standards and accountability, we have undertaken a nationwide stakeholder engagement programme to ensure that all members of the legal profession are in good standing and the profession is protected from encroachments.

“Our primary endeavor is to ensure the integrity of the legal profession in the administration of justice.”

Harassment

AIn addition, Adv Tuke also expressed concern about sexual harassment of female lawyers by senior male colleagues and judicial officials. ?

“The problem has come to light. The main problem is that women lawyers in the legal profession are being sexually harassed by male judicial officials and senior male lawyers. This must stop,” said Adv Tuke.

Scammers

riceAdditionally, there are lawyers who work from home, do not wear proper court attire, and deceive clients.

“We also found that some lawyers were working from home. Some lawyers were not wearing formal court uniforms and some lawyers were deceiving clients,” he said.

“Stronger regulation of the legal profession is absolutely vital, not only in the public interest but for the benefit of all stakeholders, including lawyers.”

Lamolezzi

IIn his opening remarks, Justice Minister Richard Ramoeletsi stressed that legal services should be accessible to every Mosotho and not a “privilege for a few”.

“We must prioritise access to justice for all. Legal services should not be a privilege for a few but a fundamental right of every Mosotho,” said Mr Lamoletsi.

“The Ministry of Justice is firmly committed to working with the Lesotho Bar Association to promote access to justice, including through legal aid programmes and community outreach efforts.

“By working together, we can ensure that every citizen has the opportunity to seek and obtain justice.”

He commended LSL for its active participation in the formulation of the 10day? and 11day?Constitutional amendment.

“Recent legislative reforms, especially theday and 11day “The amendments to the Constitution Act demonstrate our relentless pursuit of a more transparent, accountable and efficient justice system,” Mr. Lamoletsi said.

“These reforms go beyond mere legal tweaks; they form the cornerstone of our aspiration to build a more just and equal society.

“The Bar’s active engagement and steadfast commitment to these reforms has been invaluable, and I commend you wholeheartedly for your contribution.”

Minister Lamoletsi said the introduction of new High Court Civil Procedure Rules in 2024 would improve the effectiveness of the courts.

“As we reflect on our achievements over the past year, we must also look ahead to the challenges and opportunities ahead. The legal landscape is in a constant state of evolution, requiring us to adapt and innovate,” the minister said.

“The introduction of the new High Court Civil Procedure Rules 2024 is a testament to this innovation, which is designed to improve the efficiency and effectiveness of our courts.

“While these new rules have generated some controversy, I am confident that, with your expertise and guidance, they will be implemented smoothly and will significantly improve the administration of justice.”

New rules

IThe High Court Civil Procedure Rules 2024, issued by Chief Justice Sakoane Sakoane last month, apply to the administration of civil, commercial, matrimonial proceedings as well as constitutional proceedings, election petitions and parliamentary membership issues.

The preamble to the rules states that the purpose and primary objective of the rules is to enable judges to administer cases as fairly, expeditiously, efficiently, and economically as possible and to promote the resolution of the practical issues in dispute.

They are also designed to ensure that proceedings are not conducted in an ambush or surprise manner and that cases are handled as fairly as possible.

These include ensuring that the parties are on equal footing, saving costs by limiting interim proceedings to those strictly necessary to achieve a fair and timely resolution of the issue, and disposing of the case in an appropriate manner.

election

riceMeanwhile, other uncontested Bar Council positions include the Vice-President, which was retained by Adv Mokhoro Makara. Attorney Rethabile Setlojoane, who was set to be contested by Attorney Lukeman Adams, also retained his position on the Bar Executive Committee after his rival withdrew from the race at the last minute.

Instead, Attorney Adams ran for the post of Ordinary Member, clashing violently with Adv Molemo Jai. However, Adams lost by 42 votes to 64. Two votes were voided.

Lawyer Ithabeleng Phamotse remains as the Bar Association’s secretary general as there is no competition for her position either.

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