Letters to the editor – June 2023

June 1st, 2023
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PO Box 36626, Menlo Park 0102
Docex 82, Pretoria
E-mail: derebus@derebus.org.za
Fax: (012) 362 0969
Letters are not published under noms de plume. However, letters from practising attorneys who make their identities and addresses known to the editor may be considered for publication anonymously.
Justice

Lady Justice stands with her sword and scales ready to stand in judgment between parties, wearing her blindfold, so that there is no bias against whom she will swing her sword. This has been the depiction of Lady Justice for hundreds of years.

When I visualise Lady Justice today, her blindfold is half off. She is scarred from fighting for truth and justice in a morally declining society.

The legal profession is obligated to ensure that fairness flows through to society, which is provided through the justice system. The legal field is supposed to be a battlefield for justice and by shining a light on various issues, truth can be brought to light.

The problem in 2023 is that the members of society are fearful of legal practitioners and the power they wield. People would rather settle with a lawyer than go to court or receive an outrageously high account from a lawyer.

‘Cloak and dagger’ law appears to be the order of the day, where some lawyers withhold information or casually give incomplete information, which misrepresents the truth and/or play games with the administration of justice to wear down the other side. Some lawyers also are not interested in negotiating with respondents.

The legal profession is the foundation of the country and how law is practised determines the outcomes for communities. When lawyers struggle to remember their ethical obligations then Lady Justice struggles to hold the scales.

I would like to challenge lawyers to self-reflect and determine whether they are standing with Lady Justice for justice and for their communities or are they fighting against justice itself?

Christine Thomaides.
She writes in her personal capacity.

 

Erratum

We would like to note that in the article, ‘Getting to the “soul” of trademark infringement’ 2023 (May) DR 36, the byline for the author, Lusapho Yaso, reflected that he was employed by Kisch IP.

This was an error to which Kisch IP alerted De Rebus.

De Rebus would like to apologise for any inconvenience caused to Kisch IP.

Editor

This article was first published in De Rebus in 2023 (June) DR 4.

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