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26  February 2010

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Legal Profession

South Africa

22 February 2010 : For immediate release

Law Society Welcomes Review of LLB Degree to Ensure Better Legal Servies to the Public

The Law Society of South Africa (LSSA) welcomes the investigation into the effectiveness of the South African LLB degree, announced by the Council on Higher Education (CHE) last month.

'The LSSA's discussions with government and with the university law deans for the past four years regarding a review of the LLB degree have been premised on concerns about the declining quality of law graduates entering the attorneys' profession', say LSSA Co-Chairpersons Thoba Poyo-Dlwati and Henri van Rooyen. They add : 'We owe it to the public to ensure that they receive the best professional advice and efficient and professional service from adequately trained and well-equipped legal practitioners'.

For a number of years, the LSSA, with the assistance of the Attorneys Fidelity Fund, has invested significant funds in remedial numeracy, literacy and other training, in an attempt to address some of the inadequacies which it perceived among law graduates. 'We have determined what the minimum requirements should be for a law graduate to make a successful and professional attorney, and our view is that the LLB degree should satisfy these minimum requirements. We will support the CHE with its investigation and comment on the findings and recommendations to ensure the best possible outcome for the public', say Ms Poyo-Dlwati and Mr Van Rooyen.

The LSSA's Director of Legal Education and Development, Nic Swart, indicates that the four-year LLB which was introduced in 1998, does not necessarily always sufficiently prepare law graduates for practice as attorneys. In addition, Mr Swart says there are large disparities between university law faculties, with one law faculty offering 90 courses and another only 24. 'The LSSA is of the view that the number of subjects is for universities to consider. However, the LSSA would like to see a special recognition of the profession's needs. This does not always happen', says Mr Swart. As regards the necessity also to review the numeracy and literacy skills of graduates, Mr Swart points out that many students graduating with law degrees are unable to do simple legal research and are not able to draw up basic legal documents.

Issued on behalf of the co-Chairpersons of the Law Society of South Africa, Thoba Poyo-Dlawti and Henri  van Rooyen
Barbara Whittle
Communication Manager, Law Society of South Africa
Telephone : 012-366 8800 or 083-380 1307
E-mail : barbara@lssa.org.za
Website: www.lssa.org.za

Law graduates 'barely able to read' - 22 February
Some of South Africa's law graduates have been so badly educated that they can barely count, operate a computer, or read and write in English. That's what some experts said in support of an investigation by the Council on Higher Education on the effectiveness of the Bachelor of Law degree which, they say, does not prepare students for the profession's demands. - Times Live website

Werksmans attorney scoops prestigious legal award - 16 February
International Law Office (ILO), one of the leading online legal update services for major companies worldwide, has confirmed that an attorney from Werksmans Incorporating Jan S de Villiers has been named as the exclusive winner of the litigation category for South Africa. Bernard Hotz, who is the senior director in charge of litigation for the firm, was recognised as a "worthy winner" by ILO after research which included "excellent reviews from his clients." In addition they pointed out that for the Client Choice programme, unlike other awards, nominees have to be submitted by corporate counsel, and this year they received over 2 000 nominations. An outstanding achievement. - Richmark Sentinel website

Nthai takes on Bar Council over recording - 15 February
ANC lawyer Seth Nthai has demanded the General Council of the Bar hand him the original tapes containing claims that he asked for a bribe. Nthai has also questioned the appointments of retired Judge Kees van Dijkhorst and two silks, Advocates J Dreyer and T J Bokaba, to hear the case against him. Nthai had wanted either former Chief Justice Arthur Chaskalson or retired Chief Justice Pius Langa to chair the disciplinary committee, but the Johannesburg Bar Council objected to this on the grounds that he had served with the two former chief justices on the JSC. -The Sunday Independent quoted on the Legalbrief website

Saudi Arabia

New law will end male dominance in Saudi courts - 21 February
Saudi Arabia's justice minister says his department is drafting a law that would allow female lawyers to argue legal cases in court for the first time. Mohammed Al-Eissa told reporters on Saturday the bill will be issued in the coming days as part of Custodian of the Two Holy Mosques King Abdullah's "plan to develop the justice system". The law would mark a major step for female lawyers in the Kingdom. Currently, women law graduates can work in government offices and in court offices, but cannot argue cases before court. - arab news website

United States

Supreme Court Justice Barack Obama? - 21 February
Though Obama has struggled to find his footing in the White House, his education, temperament and experience make him ideally suited to lead the liberal wing of the court. Obama is clearly eager to take on the four truly conservative justices - Samuel Alito, John Roberts, Antonin Scalia and Clarence Thomas - as his State of the Union smackdown suggests. But as president, he's constrained by that pesky separation of powers. So what better way to engage the fight than to join the bench? It would be unusual, but not difficult, for Obama to get himself on the Supreme Court. - The Washington Post website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society