Law Society gags lawyers

MASERU – THE Law Society of Lesotho has banned legal practitioners from giving out their opinions on any media platform without first seeking approval from the body. In a memo issued on Tuesday, the Law Society said any of its members – legal practitioners, advocates, attorneys, notaries or conveyancers – who have material on any public platform should remove it within seven days or they will deal with such practitioner. “In contravention of the Legal Practitioners Act, No 11 of 1983, any member should remove the same within seven days of publication of this notice, and any failure therewith shall be decisively dealt with by the Law Society Council,” the memo reads. Section 30 (q) of the Legal Practitioners Act 1983 says posting information on any media or social network platform would be classified as touting or soliciting for business. Such acts are deemed as professional misconduct by the Law Society. This touting or soliciting for business, according to the Law Society, includes accepting or agreeing to accept or offering to accept remuneration for professional work at less than the rate or scale of charges fixed by any other lawyer, and advertising his law business or practice as a result of which the public is likely to entrust professional work to him. The memo said this would also include inserting or allowing his name to be inserted in a telephone or other directory or law list in a type likely to give it prominence. This includes any social media platforms or any articles on legal subjects or lecturing or broadcasting to a lay audience any legal subject without approval of the Law Society. Law Society President Advocate Tekane Maqakachane confirmed the development in an interview with thepost last night. He however did not want to get into details over the contents of the memo. Advocate Napo Mafaesa said the move by the Law Society is “constitutionally insulting not only to the lawyers but the media as well”. “Everyone has a right to freedom of speech,” Advocate Mafaesa said. “So what the Law Society wants to do is totally wrong,” Adv Mafaesa said. He said even though the body claims what it is saying is in its Constitution, they have ignored section 14 of the Constitution which says, “Every person shall be entitled to and (except with his own consent) shall not be hindered in his enjoyment of freedom of expression, including freedom to hold opinion without interference”. The law further says a person has the freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence. Adv Mafaesa said what the Law Society has resolved to do, is simply oppressing them.   He said he is not comfortable with the new position because it raises a lot of questions like how soon will they respond to a question needed by a journalist after passing the information to them? “Imagine, I am involved in a case where I need to clarify something then a journalist asks me and I have to explain what I said or what I meant,” Adv Mafaesa said. “Should I tell the journalist that I will get back to you then rush to the Law Society and inform them and ask them what should I say?” he asked. He said the law they are referring to is not even constitutional as it was not even passed by Parliament. “They claim we are going to be punished, by who, who are we going to appear before?” Adv Mafaesa said the Law Society is not involved in criminal cases. “I suspect they are doing this with emotions,” he said. MISA-Lesotho chairperson, Nkoale Tšoana, said he has already written to the President of the Law Society to explain in detail the implications of the memo for journalists. He said MISA-Lesotho will do anything to protect the rights of the media practitioners especially while on duty. He however declined to get into details of their discussion with the Law Society president. ’Malimpho Majoro