By Mapula Sedutla

The Black Lawyers Association (BLA) held its national general meeting (NGM) in May 2019 in Rustenburg. The well attended meeting was held under the theme: ‘Trust account advocates: First step towards a fused legal profession’. During the NGM, organisational stakeholders of the BLA discussed topics that are pertinent to the profession.

Opening the proceedings, then President of the BLA, Lutendo Sigogo, welcomed delegates to the meeting and noted that the meeting took place on a significant day as the continent celebrated Africa Day.

Deputy Judge President of the North West Division of the High Court, RD Hendricks, welcomed delegates to the North West province. Deputy Judge President Hendricks noted that the BLA has played an important role in the transformation of the judiciary. Speaking about the theme of the conference, he said that one of the aims of the Legal Practice Act 28 of 2014 (LPA) is to create fusion in the profession while ensuring access to justice for the poor and the marginalised. ‘We should level the playing field, justice must be seen to be done for both the rich and poor. … If the referral system is to be maintained, it will perpetuate the double payment for legal services and this does not make access to justice more affordable,’ he added.

Chairperson of the Attorneys Development Fund (ADF), Mashudu Kutama, presented a report on the ADF. Mr Kutama highlighted the fact that on 1 March 2019, a new board for the ADF was appointed. Speaking about whether the ADF should be registered as a credit provider, Mr Kutama noted that the National Credit Regulator advised the ADF that it is safer to register as a credit provider, even if the ADF only charges interest on arrear (when the beneficiary defaults on the payment plan). To view the full report, see Report on the Current Status of the ADF 30 April 2019.

Chairperson of the Legal Practice Council (LPC), Kathleen Dlepu, spoke on the developments at the LPC. She asked BLA members to champion the many amendments that are still to be done to the LPA. Ms Dlepu thanked the BLA for ensuring that there is female representation in the LPC. She encouraged BLA members to continue conducting pro bono work as it is a much-needed service in society.

Chief Executive Officer of the Legal Practitioners’ Fidelity Fund (LPFF), Motlatsi Molefe, spoke on risk trends and risk mitigation. Mr Molefe noted that issues that influence risk in the profession include the impact new legislation has on legal practitioners. He added that a few errant legal practitioners who have tarnished the reputation of the profession have ensured that the legal profession is painted with black paint the world over. Mr Molefe concluded by saying the LPFF is committed to supporting the profession in every way possible, including, education and training.

General Manager at the Legal Practitioners Indemnity Insurance Fund NPC (LPIIF), Thomas Harban, noted that the profession is not dealing well with basic risk management measures in their law firms. He added: ‘Some lawyers do not even have diaries. The profession is hit by conveyancing and bridging finance cyber scams. One of the reasons the profession gets cyber scammed is because practitioner do not do the basic act of verifying banking details.’

Guest speaker at the NGM, Executive Director at UHAI Africa Ltd, Brian Kagoro, spoke on opportunities present for the legal profession. Mr Kagoro highlighted the fact that fusion is not to be feared by the profession as it presents a myriad of opportunities for the legal profession as a whole.

Mapula Sedutla NDip Journ (DUT) BTech (Journ) (TUT) is the editor of De Rebus.