The Legal Services Ombud, Judge Siraj Desai, said the Office of the Legal Services Ombud is intended to be an independent entity, independent from government and the Department of Justice. However, he said that the Office of the Legal Services Ombud is currently relying on the Department of Justice for its funding, but it is hoped that over the next 12 months, the Office of the Legal Services Ombud will become entirely independent.
Judge Desai said this at a media briefing that was held in Gauteng in June 2023. He said that the Legal Practice Act 28 of 2014 (LPA) states that the work of the Legal Service Ombud should be independent. He added that the Ombud has been created by statute and the most important part of the work of the Ombud is set out in s 46 of the LPA. Justice Desai added that the objectives are stated in the LPA, however, the objectives can create confusion. He said the first objective is that the Ombud must protect and promote the public interest in relation to the rendering of legal services as contemplated by the LPA. The other objective is to ensure a fair and efficient investigation of complaints of alleged misconduct against legal practitioners.
Justice Desai pointed out that the Ombud has wide investigative powers and wide powers to ensure that justice is fair and, most importantly, the interest of the public is protected.
Justice Desai added that there was a delay on the appointment of the appeal process. He said that many of the convictions of legal practitioners by the Legal Practice Council (LPC) are in limbo. He said that legal practitioners would appeal, however, the appeal process was not in operation. He added that the promulgation of some sections of the LPA, which recently happened, makes it possible for appeals to be heard. Justice Desai explained how his office will be involved in the appeal processes. He pointed out that the Office of the Legal Services Ombud will have laypersons who will attend the appeal process. He added that he hoped that there will not be long delays with regard to the appeal processes, as it means that legal practitioners who have committed serious misconducts, will still be able to practice while they wait for their appeals to take place.
The Office of the Legal Services Ombud is operational, with two offices, one in Gauteng and another one in the Western Cape. The office officially started accepting complaints in June 2022. Justice Desai pointed out that since its establishment, his office has made significant progress in promoting the rights of complainants and professionalism within the legal fraternity. He pointed out that complaints that fall outside of the mandate of the Office of the Legal Services Ombud, are referred to the relevant institutions.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.