Black lawyers take KZN ANC leader to the cleaners
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.