Lawyers lose, now appeal

ISAIAH MOREWAGAE
Staff Writer | Friday April 29, 2011 00:00

 

On Wednesday, Justice Leatile Dambe dismissed an urgent application made by Unoda Mack and Isaac Bahuma of Mack Bahuma Attorneys, Situ Chilume of Situ T. Chilume Attorneys, Anna Motlhagodi of Motlhagodi & Company, Shaboyo Motsamai and Patricia Corentin of MC Legal Practice, Isaac Seloko of Isaac Seloko Attorneys and Obolokile Sekga of Senamela Sekga Attorneys.

The lawyers approached the court to seek recourse over the LSB's published notice alerting members of the public that members of the listed law firms do not hold practising certificates and are therefore not entitled to practice.

Lawyers, through their attorney Moses Kadye further stated that the concerned lawyers were not members of the LSB as they do not hold Practicing Certificates, and the public is advised against engaging or continuing to deal with them as their relationship is not protected by law and they do not have recourse to the Law Society.

Kadye submitted that the issuance of the publication was wrongful, unlawful and harmful to the professional integrity of the concerned lawyers in that they are being disabled from practising law in Botswana when the Registrar of the High Court has not removed them from the roll of attorneys.

Kadye further argued that it is obvious that given such a warning, there is going to be a mass exodus of clients from the concerned law firms. 'Indication of that has already been seen as one client acted swiftly to remove his files from Corentin's law firm. Barclays Bank has already withheld giving conveyancing instructions to Seloko's law firm. And CEDA has also moved quickly to stop sending legal work to Sekga's law firm', Kadye submitted.

However, LSB representative, Moatlhodi Marumo argued that Practising Certificate empowers legal practitioners and attorneys to practise in Botswana. He stressed that without the certificate, legal practitioners and attorneys are in default of the procedure laid down on the legal profession. He stressed that the seven law firms were listed on the notice as having failed to renew their Practising Certificates.

There is no contention that the attorneys affected have not been removed from the roll however, the certificate is the one that allows them to practise in the country.

At the end of their arguments, Dambe dismissed the application by the seven law firms and stated that detailed judgement would be available on May 10th. It has been established that the seven law firms have approached the Court of Appeal for review of Dambe's decision.

Meanwhile it has emerged that some lawyers were meeting last night drawing up strategies  to oust the current council within  a few days.