Mohloai Mpesi 

LAW Society of Lesotho (LSL) president, Advocate Lintle Tuke, has lamented the tainted image of the country’s legal fraternity due to what he describes as “problematic and unethical behaviour” of legal practitioners. 

Adv Tuke accused some male lawyers of defrauding clients and sexually harassing their female counterparts. 

He spoke on Friday at the LSL’s annual general meeting (AGM) at Avani Maseru, where he retained his presidency, uncontested. 

The AGM’s agenda included among others, discussing legal practice hurdles, challenges and achievements. It was also designed to review the audited financial statements of the organisation. 

Lawyers from far and wide, including those from eSwatini and South Africa, attended the event.? It was also attended by officials from the Legal Practice Council of South Africa, SADC Lawyers Association as well as South Africa’s Black Lawyers Association. Also in attendance was Minister of Justice and Law, Richard Ramoeletsi. 

In his spirited speech on the current state of the local legal fraternity, Adv Tuke accused some lawyers of engaging in the most “unbecoming acts”. 

Dire situation 

So bad was the situation that it left ?other ethical lawyers ?embarrassed to identify with their profession. 

He said the LSL was doing all in its power to protect the image of the profession, tightening regulatory screws “to try and regain the good image of the profession”. 

“Lawyers currently have a very bad image, and it is rather embarrassing to be called an advocate or counsel anywhere on the streets, because of this bad image we have created for ourselves, of allowing lawyers to get away with unethical and sometimes even illegal activities,” Adv Tuke said. 

“We have also been able to meet with lawyers, magistrates, police, correctional service officials and the Master of the High Court, in our efforts to improve our regulatory efforts.” 

Imposters 

Adv Tuke added that all lawyers were supposed to register with the LSL to be able to practice in the country’s courts. 

However, some people passed themselves off as lawyers, without such registration, creating complications in the process. Going forward, lawyers should produce their valid practicing certificates to prospective clients as evidence that they were in good standing with the LSL. 

“No lawyer shall be allowed to consume or to provide legal services, unless he or she is evidently in good standing with the Law Society, through production of a valid practicing certificate,” Adv Tuke said. 

“Under the thematic area of ethical standards and accountability, we have embarked on a countrywide stakeholder engagement initiative, to ensure that all members of the legal profession are in good standing, protecting the profession from intrusion. 

“Our main effort is to gatekeep the integrity of the legal profession in the administration of justice.” 

Harassment 

Again, Adv Tuke expressed concern over sexual harassment of female lawyers by their senior male counterparts and judicial officers. ? 

“There is an issue which came out. It is predominantly about sexual harassment of female lawyers in the legal profession by male judicial officers and more senior male lawyers. That must come to an end,” Adv Tuke said. 

 Fraudsters 

Moreover, there were lawyers who worked from their homes, did not wear proper court regalia and defrauded clients. 

“We also found out that there are lawyers who work from their homes. Lawyers who don’t wear proper legal court regalia and lawyers who defraud their clients,” he said. 

“It is absolutely important to tighten our regulation of the legal profession, not only for the sake and benefit of the public, but also for all stakeholders including lawyers themselves.” 

Ramoeletsi 

In his opening remarks, the Minister of Justice and Law, Richard Ramoeletsi, emphasised that legal services should be accessed by every Mosotho and should not be “a privilege reserved for a specific few”. 

“We must prioritise the accessibility of justice for all. Legal services should not be a privilege reserved for a few, but a fundamental right for every Mosotho,” Mr Ramoeletsi said. 

“The Ministry of Justice and Law is steadfast in its commitment to collaborating with the Law Society of Lesotho, to promote access to justice initiatives, including legal aid programs and community outreach efforts. 

“Together, we can ensure that every citizen has the opportunity to seek and obtain justice.” 

He commended the LSL’s active participation in the formulation processes of the 10th?and 11th?Amendment Bills to the Constitution. 

“The recent legislative reforms, particularly the 10th and 11th Amendment to the Constitution Bills, signify our relentless pursuit of a more transparent, accountable, and efficient judicial system,” Mr Ramoeletsi said. 

“These reforms transcend mere legal adjustments; they constitute the bedrock upon which we aspire to construct a more just and equitable society. 

“The active participation and unwavering dedication of the Law Society in these reforms have been invaluable, and I extend my heartfelt commendation for your contribution.” 

Minister Ramoeletsi said the introduction of the new High Court Civil Litigation Rules, 2024 would enhance the effectiveness of the courts.? 

“As we reflect upon the accomplishments of the past year, it is imperative that we also cast our gaze forward to the challenges and opportunities that lie ahead. The legal landscape is in a constant state of evolution, necessitating our adaptation and innovation,” the minister said. 

“The introduction of the new?High Court Civil Litigation Rules, 2024, is a testament to this innovation, designed to enhance the efficiency and effectiveness of our courts. 

“Although these new rules have sparked some controversy, I am confident that, with your expertise and guidance, they will be implemented smoothly and will significantly improve the administration of justice.” 

New Rules 

Issued by Chief Justice Sakoane Sakoane last month, the High Court Civil Litigation Rules, 2024, apply to the administration of civil, commercial, matrimonial proceedings as well as to constitutional proceedings, election petitions and questions of membership to Parliament. 

The preamble to the rules states their ?purpose and overriding objective, is to enable judges to manage cases and facilitate the resolution of the real issues in dispute justly, speedily, efficiently and cost effectively as far as practicable. 

They are also intended to ensure that litigation is not conducted by ambush or surprise and that cases are dealt with justly, so far as is practicable. 

That includes ensuring that the parties are on an equal footing, saving costs by, among others, limiting interlocutory proceedings to what is strictly necessary to achieve a fair and timely disposal of a matter; and dealing with cases in ways which are proportionate. 

Elections 

Meanwhile, other lawyer society council positions that were not contested included vice-president which was retained by Adv Mokhoro Makara. Advocate Rethabile Setlojoane, who was to be contested by Attorney Lukeman Adams also retained his position in the law society executive committee, after his contender withdrew from the race at the last minute. 

Attorney Adams, instead contested for the ordinary member’sposition, where he locked horns with Adv Molemo Jai. He, however, lost that one after attaining 42 votes to Adv Jai’s 64. Two votes were spoilt.

Advocate Ithabeleng Phamotse remains the law society’s secretary-general as her position was also uncontested.