Compiled by Barbara Whittle

A Briefing Pattern Task Team, chaired by Johannesburg attorney and former Law Society of South Africa (LSSA) Co-chairperson, Busani Mabunda, is drafting a briefing protocol for attorneys and advocates. The task team, which was constituted as an outcome of the LSSA Summit on Briefing Patterns held at the end of March this year (see 2016 (May) DR 6), meets on a monthly basis to discuss and implement the resolutions taken at the summit.

Besides Mr Mabunda, the task team includes attorneys Mvuso Notyesi and Richard Scott (respectively the current and a former LSSA Co-chairperson), as well as Dion Masher – who represents the large firms – advocates Ish Semenya SC, Anthea Platt SC and Thandi Norman SC represent the advocates’ profession and Varsha Sewlal from the Department of Justice and Constitutional Development (DoJ&CD). Dr Tsili Phooko is the LSSA facilitator for the project.

The advocates and Mr Scott have been delegated to prepare a draft briefing protocol.

The task team resolved the following:

• The role of the DoJ&CD is pivotal to the process as it needs to coordinate briefing instructions through the Office of the State Attorney. There should be close cooperation with the new Director-General of Justice, Vusi Madonsela, as the task team would need to also consider the policies being drafted by the department as they related to briefing.
• The LSSA would continue to seek information on briefing and the distribution of legal work generally from state-owned enterprises and government departments to build on the report that was produced for the summit.
• The task team expressed its grave concern at the apparent lack of cooperation from business organisations and undertook to seek the active participation of various business and industry bodies with the work of the task team.
• Briefing patterns at local government level should also be investigated by both the task team and the DoJ&CD.
• The task team would approach the judiciary for its perspective, as well as to discuss concerns that have been raised at various levels of the judiciary regarding briefing issues. Mr Mabunda, Mr Masher and Ms Platt would arrange to meet Judge President Dunstan Mlambo of the High Court Gauteng Division, who had attended the summit and who had offered his cooperation in this regard.
• The various mentorship initiatives on the attorneys’ and advocates’ profession would be taken into consideration as they impacted on skills development and briefing.
• Various funding opportunities would be explored as the task team members were of the view that the initiative should be a properly resourced and funded transformation initiative by the profession.

Compiled by Barbara Whittle, communication manager, Law Society of South Africa, barbara@lssa.org.za

This article was first published in De Rebus in 2016 (Sept) DR 12.