Johannesburg: Justice and Constitutional Development Minister Mmamoloko Kubayi emphasized the critical importance of transformation and inclusivity within the legal profession for its sustainability. The Minister articulated this perspective at the inaugural Legal Practitioners Fidelity Fund (LPFF) Sustainability Conference, which took place in Johannesburg.
According to South African Government News Agency, Minister Kubayi framed the future of the legal profession as not just a matter of professional interest but as a constitutional imperative, drawing on the United Nations’ definition of sustainable development. She highlighted that no sector of society or the economy can sustain itself in the long term if there is an imbalance of power favoring those who currently benefit. Kubayi warned that the lack of transformation within the legal profession poses a risk to its sustainability and, by extension, to democracy.
She further stressed that a sustainable legal profession aligns with the interests of the Department of Justice and Constitutional Development. The department, as the principal guardian of the Constitution, plays a central role in promoting constitutional values, the rule of law, and human rights, which can only be achieved through a thriving and sustainable legal sector.
Minister Kubayi also referenced the UN General Assembly’s ‘Our Common Future’ report to emphasize that sustainability involves meeting present needs without compromising future generations’ ability to meet their own. The conference, she noted, serves as a platform to explore how the legal sector can grow while empowering practitioners.
Engaging professionals, Kubayi reflected on a previous meeting held with the legal profession to discuss sector transformation. Practical proposals from that meeting include the Office of the Solicitor General convening a transparent and fair meeting to establish a stakeholder-inclusive procurement system. Additionally, the Intergovernmental National Litigation Forum will engage other departments to adopt transformational policies like the Legal Sector Code, and provincial state attorneys have been directed to develop stakeholder engagement frameworks.
The Minister also addressed the Legal Practice Bill, currently awaiting Cabinet approval before submission to Parliament. The Bill proposes several key interventions, including removing the limitation on annual appropriations by the LPFF, expanding LPFF liability to include negligence, excluding liability for cryptocurrency transactions, and ensuring representation of practicing attorneys on the LPFF Board. Additionally, it mandates reporting theft of trust monies to the South African Police Service as a condition for valid claims.
After Cabinet’s approval, the amendment Bill will undergo extensive public consultation in Parliament, offering opportunities for further commentary and refinement before final adoption and presidential assent. Minister Kubayi concluded by encouraging conference attendees to use the event as an opportunity to explore and enrich the discussions surrounding the Bill.