The Acting Chief Justice, Tšeliso Monaphathi, took a swipe at “pseudo practitioners” while delivering a speech during Monday’s official opening of the High Court.
Justice Monaphathi said he had been informed by some concerned lawyers that some of their colleagues operated from “Asian imported vehicles”.
The judge sarcastically said there must be many such briefcase “firms” but warned lawyers should remember they are custodians of the law.
“There must be as many of such vehicle-based offices just as there are numerous cheap, used vehicles imported from Asia,” Justice Monaphathi said.
He added there was urgent need to upgrade the capacity of the Law Society through adequate funding in order to introduce an administrative system that would also regulate legal practice in Lesotho.
“We need such a system to supervise the activities of a whole legion of pseudo practitioners who conduct their illegal trade with impunity, to the detriment of the public.
“We also need to introduce a compulsory educational programme to keep practitioners constantly informed of the latest developments in the practice of law.”
He further urged lawyers to demonstrate “a standard of care that is acceptable to the legal profession.”
To drive his point home, the judge quoted celebrated Australian lawyer and jurist, Sir Gerard Brennan, who said: “The peace and order of communities, the relationships we have with others, the freedoms we enjoy, our security of person and property, the democracy we cherish — these are the fruits of the rule of law.
“What makes the rule of law effective? It is our common agreement that we should all abide by the rule of law.
“But that consensus is itself underpinned by a legal system which requires skilled lawyers to make it work fairly and effectively.”
Justice Monaphathi further noted there was a complete breakdown of confidence and mistrust by the general public in the legal profession due to alleged incompetence, corruption, and failure to observe ethics.
“It is a practitioner’s paramount duty to look after the interests of his client to the best of his ability.
He must act honestly in the way he handles his client’s affairs and not only do his or her best in service of the client, but also exercise a standard of care that is acceptable to the profession.”
Most importantly, he said lawyers must also have a sound grasp of legal principles and the practical
knowledge to apply the law.
The Acting Chief Justice, however, said it was unfortunate that “these requirements are sorely lacking”.
Asked what he thought of the Acting Chief Justice’s remarks, the Law Society president, Advocate Monahaneg Rasekoai, said he was preparing a media statement regarding the judge’s “regrettable” remarks.