Maope KC emphasized this aspect in the launch of the recently published book of

Maope kc emphasized this aspect in the launch of the

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Maope K.C. emphasized this aspect in the launch of the recently published book of all the memorial lectures of the late Justice Mofokeng of which he must be commended for being the editor. One cannot help it but lend credence to my predecessor and learned senior Advocate Mda’s lamentation in his previous speech to this Honourable court whereupon he highlighted what I would want to term as the discomfort of the law society over the consisted display of concurring judgments of this Honourable Court. The views which we hold as the law society are based on the principle that dissent in any public policy environment is just as essential as adherence; it may otherwise be dangerous when unanimity is made the order of the day. It is not per say dangerous that dissent fails; what is dangerous is when a whole generation of members of the bench pass judgments without dissent. It would be remiss of me if I were to ignore the powerful words of one highly esteemed Australian Judge, Sir Frank Kitto whose dictum went as thus: Every judge worthy of the name recognizes that he must take each man’s censure; he knows full well that as a judge he is born to censure as the sparks fly upwards; but either in preparing a judgement nor in retrospect may it weigh with him that the harvest he gleans is praise or blame, approval or scorn. He will reply to neither; he will defend himself not at all. Another area of concern is the one which binds us all together. It is the proper relationship, and respective responsibilities, as between the judiciary, the organized profession, the teachers of law and all the institutions that facilitate the administration of justice. The council of the Law Society put in motion a stakeholders conference which is an all inclusive forum engaging the Bench of the High Court under the leadership of the Chief Justice, the Attorney General, the Director of Public Prosecutions, the Dean of the Faculty of Law from the University of Lesotho and a number of senior legal practitioners with insight and institutional memory. We also received a warm invitation from the Honourable President of this Honourable Court to be a part of the progressive initiatives and for that we are both indebted and humbled. There are no periods of energetic collective efforts to produce these activities, outbursts of unusual creativity spawned by the legal academia, the judiciary, the law society and the many other relevant stakeholders – regrettably one is inclined to draw the conclusion that the biggest challenge has always been that of lack of cohesion and dialogue amongst the vital stakeholders in the legal profession in this jurisdiction.
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Before I delve into the said issues, I am kindly going to present a sombre tale that reflects on the legal profession in this country and the most glaring challenges which present themselves within the public policy environment. I am inclined to begin on this score because the public policy aspect or interest
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  • Spring '13
  • Mr.Minken

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