Cape Times

Black lawyers take KZN ANC leader to the cleaners

- Sigogo is the president of the Black Lawyers’ Associatio­n Lutendo Sigogo

MEDIA reports have recorded that Sihle Zikalala, the chairperso­n of the ANC in KwaZulu-Natal lashed out at a rival faction for their use of “EFF-aligned” lawyer Tembeka Ngcukaitob­i.

In these reports, Zikalala is also quoted as saying: “It’s very, very dishearten­ing that some of the comrades will go to the extent of inviting lawyers who always represent (sic) the EFF to represent them today.

“We want to make it clear that you are sharing informatio­n with the counter-revolution­ary. You are colluding with the counter-revolution­ary.”

The statements alluded to Zikalala are unfortunat­e and unwarrante­d as they fail to recognise the independen­ce and workings of advocates. Advocates are members of a noble profession and are people who work on referral basis.

They receive briefs from attorneys as they are not, by law at this stage, allowed to take instructio­ns directly from members of the public. Advocates, unlike attorneys, do not have clients per se, they take briefs from attorneys and, as such, they may not publicly be criticised by politician­s, or any other persons of influence, for the role they play in terms of the constituti­on and the promotion of the rule of law.

The BLA condemns the averments of Zikalala with the seriousnes­s they deserve as such are not acceptable in our constituti­onal democracy.

For a chairperso­n of an ANC province as big as KwaZulu-Natal to condemn Ngcukaitob­i is an indication that much still needs to be done in terms of educating our communitie­s about the role of lawyers and that all South Africans have a constituti­onal right to be represente­d by lawyers of their own choice.

The BLA fully supports Ngcukaitob­i in his role as a legal representa­tive of all South Africans who seek his expertise. Ngcukaitob­i is a profession­al who knows where and how to use informatio­n he receives from those he represents.

It is unacceptab­le to refer to a legal representa­tive as a counter-revolution­ary simply because you do not agree with an opponent who he or she represents.

Zikalala’s point of view suggests a lawyer of his opponent is his enemy. This approach and the consequent public pronouncem­ents undermine the spirit of the constituti­on as is an attack on the independen­ce of the legal profession and has danger of mobilising physical harm on legal practition­ers.

The BLA is not impressed by the statement issued by Zikalala on the August 19, 2017, in an attempt to clarify what he meant in his statement. Instead of clarifying or retracting the unfortunat­e statement, he affirms that he does not take kindly to the briefing of Ngcukaitob­i by the ANC. We expect Zikalala to champion a briefing of black legal practition­ers.

The BLA calls upon all lawyers and members of the public to stand steadfast behind Ngcukaitob­i. The track record of Ngcukaitob­i speaks volumes about him and he can never be equated to a counter-revolution­ary. He is a respected legal practition­er among his peers and an esteemed contempora­ry black legal practition­ers.

He is an example of excellence in imparting legal knowledge and the manner in which he practices law. He is a good example within the legal profession as he represents his clients without fear or prejudice.

Zikalala as one of the leaders of the ANC is supposed to find reasons to brief and instruct black legal practition­ers, like Ngcukaitob­i, rather than to manufactur­e reasons to vilify them.

 ??  ?? ATTACKED: Advocate Tembeka Ngcukaitob­i
ATTACKED: Advocate Tembeka Ngcukaitob­i

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