Minister Kubayi addresses urgent reforms needed for the Legal Practice Council amid rising complaints

Justice and Constitutional Development Minister Mmamoloko Kubayi has shed light on the mounting pressures faced by the Legal Practice Council (LPC), revealing that a staggering 23,000 registered complaints remain unresolved. 

The situation is exacerbated by a backlog of over 5,000 complaints that have lingered for more than two years.

Kubayi attributed this situation to the limited powers of the LPC’s Investigating Committee, describing it as a significant shortcoming in the council's ability to manage disciplinary issues effectively.

Kubayi said that though 14,379 complaints in 2024 were finalised, it did not make a dent in the complaint numbers.

“The council is aware that complaints increase by 1,000 every year,” she said.

In 2019, the LPC registered 9,667 new complaints, while in the year before, 14,880 new complaints were registered.

Kubayi said the new complaints rose by 5,213, a 65% increase in just six years.

“This number will only decrease in the future with public awareness of the LPC through media reports, radio, and television interviews, and road shows by both the Department of Justice and the Legal Services Ombud. The LPC is considering other avenues of finalising the complaints,” she said.

Kubayi revealed that of the 23,000 complaints, the LPC currently has 10,402 complaints relating to transgressions of a minor, less serious nature, such as failing to respond to correspondence, failing to carry out the client’s mandate, and bringing the profession into disrepute.

“In 2024, the LPC finalised 5,975 such complaints. (A total of) 1,339 complaints were adjudicated by a disciplinary committee,” she said.

Kubayi added that the LPC was trying its best to ensure that the complaints were attended to timeously and that the turnaround times were adhered to.

The handling of the complaints by the LPC comes in the wake of the Specialised Commercial Crime Court sitting in Rustenburg in July, where it sentenced Johannes Tebogo Motse to six years' imprisonment on charges of fraud, theft, forgery, and uttering.

The National Prosecuting Authority said Motse was convicted for presenting himself as a legal practitioner and unlawfully representing unsuspecting clients in various courts between February 17 and November 15, 2022.

He forged critical legal documents, including a right of appearance certificate, a fidelity fund certificate, and an admission certificate, to deceive his victims.

Kubayi said the LPC office in the North West received a copy of the judgment handed down in the Mahikeng High Court.

She said the LPC has noted the increase in reports of persons impersonating attorneys and has started to engage the Judiciary in the provinces where the incidents have reportedly occurred.

“The provincial directors are investigating such incidents and are co-operating fully with law enforcement agencies to ensure that the culprits are apprehended and face the full might of the law.

“The LPC is further creating awareness around the issue in order to safeguard the public and other interested stakeholders who may find themselves at risk of exposure to persons impersonating legal practitioners.”

She added the judiciary has been requested to consider making the presentation of the digital identity cards mandatory for persons appearing in court.  

“The stance of the LPC when it comes to the verification of legal credentials is that the legal practitioners should produce their digital identity cards when they appear in court.

“The Judiciary can also verify whether a legal practitioner is legible to appear before it by verifying the status of such practitioners as duly enrolled with the LPC by accessing the LPC website.”

Kubayi said that when the LPC is notified or becomes aware of bogus attorneys, it brings an urgent application to prevent the person from holding himself or herself out to be a legal practitioner.

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