scholarly journals Striking a Regulatory Bargain. The Legal Profession, Associations and the State in South Africa

2019 ◽  
Vol 9 (3) ◽  
Author(s):  
Debby Bonnin
Keyword(s):  
South Africa ◽  
Self Regulation ◽  
Legal Profession ◽  
Professional Associations ◽  
The State ◽  
Legal Professionals ◽  
Professional Self

This article examines the regulation of the legal profession in South Africa from colonial times, through apartheid and into the post-apartheid period. It narrates the changing relationship between professional associations and the state, locating these events within the debates on professional self-regulation.  Taking the view that professional self-regulation is as a result of ‘an arrangement’ between professions and the state it explores the regulatory bargain struck between associations and the state.  The paper demonstrates that during the apartheid period the profession utilised apartheid legislation to exclude black legal professionals.  However, in the post-apartheid period, when the state proposed legislative interventions in order to enable access to both the profession and justice, a new regulatory bargain had to be negotiated.  

scholarly journals The South African nursing council: 50 years of professional self-regulation

Curationis ◽  
1995 ◽  
Vol 18 (3) ◽  
Author(s):  
W. J. Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Self Regulation ◽  
Council Meeting ◽  
The South ◽  
The West ◽  
Professional Self

Self-regulation of the professions of nursing and midwifery became a reality in South Africa on 8 November 1944, when the first council meeting of the South African Nursing Council took place in Pretoria. Most appropriately, the opening speaker on this occasion was Mr Harry Gordon Lawrence, the Minister of Welfare and Demobilization, who had piloted the Nursing Act, No.45 of 1944, through Parliament. Exactly 50 years later, on 8 November 1994 the Council held its 108th meeting, this time in its own building, with a magnificent view of the venue where that historic first meeting took place - the west wing of the Union buildings.

scholarly journals The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs

1995 ◽  
Vol 33 (4) ◽  
pp. 800 ◽  
Author(s):  
H. W. Arthurs
Keyword(s):  
Self Regulation ◽  
Vital Signs ◽  
Legal Profession ◽  
Professional Conduct ◽  
Professional Self ◽  
The Dead ◽  
Code Of Professional Conduct

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained. However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct

Current Demographics in Large Corporate Law Firms in South Africa

2015 ◽  
Vol 8 (1-2) ◽  
pp. 174-181 ◽  
Author(s):  
Jonathan Klaaren
Keyword(s):  
South Africa ◽  
Social Dynamics ◽  
Legal Profession ◽  
White Men ◽  
Corporate Law ◽  
African Women ◽  
Law Firms ◽  
Race And Gender ◽  
Legal Professionals ◽  
And Gender

By contrast with the judges and the advocates, the issue of race and gender representivity in the attorneys segment of the legal profession generally and in large corporate law firms specifically has not received significant attention, in part due to the lack of accurate statistics and a thin research tradition. Addressing the gap, a 2013 survey investigated the demographics of legal professionals in large corporate law firms in South Africa. The chief finding of the survey is that South Africa’s major corporate law firms are still dominated by white men, especially in their upper echelons. Further, nearly half of the African women professionally employed in large corporate law firms (48.1%) are candidate attorneys, which is to say non-admitted legal professionals. These findings are consistent with the few earlier studies that have been conducted and indicate the need for further detailed research into the social dynamics of the African legal profession.

scholarly journals States’ Varied Compliance with International Anti-money Laundering Standards for Legal Professionals

2019 ◽  
Vol 88 (2) ◽  
pp. 280-307 ◽  
Author(s):  
Nathanael Tilahun Ali
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
Professional Associations ◽  
Due Diligence ◽  
Policy Documents ◽  
Law System ◽  
Legal Professionals ◽  
The Public ◽  
Judicial Decisions ◽  
Prevailing View

Recent reforms in international anti-laundering regime install legal professionals as gatekeepers by requiring them to take certain due diligence measures and actively cooperate with the state. These requirements have generated controversy and varied compliance among states. The prevailing view in legal academia and profession is that compliance with these requirements is inversely related to the resilience of states’ domestic rule of law system. The article critiques this view: the gatekeeping controversy is a debate taking place among different traditions of rule of law, and not creeping-in from outside the bounds of rule of law. By tracing policy documents, prominent judicial decisions and records of activities of legal professional associations, the article shows that states’ divergent compliance is instead a function of (i) a split in the philosophical inclinations of judiciaries over how the legal profession serves the public interest, and (ii) a turf-war over the administration of the legal profession.

From Apprentice to Paralegal: The Rise of the Paralegal Profession in America

2017 ◽  
Vol 15 (1) ◽  
Author(s):  
Robert E. Mongue
Keyword(s):  
South Carolina ◽  
Self Regulation ◽  
Professional Associations ◽  
Social Scientists ◽  
Legal Professionals ◽  
Legal Documents ◽  
White Males ◽  
Before And After ◽  
American Law ◽  
Definition Of

AbstractIn 1980, the South Carolina Supreme Court noted, “Paralegals are routinely employed by licensed attorneys to assist in the preparation of legal documents such as deeds and mortgages.” According to the court, the activities of a paralegal were of a preparatory nature, such as legal research, investigation, or the composition of legal documents. This assessment of paralegal utilization in 1980 might well have been surprising to many readers of the court’s decision. As the delegation of legal work to non-lawyers evolved, so has the paralegal profession. The goal of this paper is to trace the transition of paralegals from a somewhat glorified – albeit very specialized – secretarial role to a professional position, emphasizing the period just before and after the creation of the ABA definition of the legal/assistant paralegal position. Legal professionals, rather than historians, provide most of historiography that is available. Historians appear to have focused on particular lawyers, especially those who became political leaders, and the efforts of persons other than white males to enter the profession with little mention of the personnel that supported those lawyers. Discussion of the historical development of paralegals and the paralegal profession has been limited to introductory chapters of practice manuals written by lawyers and paralegal educators for paralegals. The utilization of legal assistants from the 1970s to the present is well-documented, however, in contemporary writings by lawyers, law office managers, and social scientists. This paper is concerned with the development of the paralegal profession and the paralegal role in American law offices. This study examines writings from the twentieth century lawyers, paralegals, law office managers, paralegal educators, and social scientists to track the paralegal profession in five respects: (1) Definition of the nature of the role of the persons considered part of the occupation; (2) Establishment of educational requirements and forums; (3) Organization of professional associations; (4) Self-regulation; and, (5) Development of enforceable codes of professional conduct. In addition to the contemporary writings, the study uses information obtained through communications with paralegals, paralegal educators, and paralegal association directors who practiced during the 1970s, 1980s, and 1990s.

Problems of Industrial Self-regulation in the Russian Economy

2005 ◽  
pp. 69-82
Author(s):  
O. Osipenko
Keyword(s):  
Self Regulation ◽  
The State ◽  
Russian Economy

Continuing the discussion on industrial self-regulating organizations the author forwards new arguments for acceptance of special legislation on SRO in Russia, explores institutional principles as the base of that law. The draft law developed in the State Duma is analyzed through the prism of organizational borders of industrial self-regulation, social and economic guarantees of effective SRO evolution. Institutional nature of rules enforced by those organizations and variants of self-regulation are also considered.

The Prophetic Voice of the Church in a Democratic South Africa – A Theological Reflection

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Lufuluvhi Maria Mudimeli
Keyword(s):  
South Africa ◽  
Economic Transformation ◽  
The State ◽  
Black Liberation ◽  
South Africans ◽  
Black Liberation Theology ◽  
Prophetic Voice ◽  
The Face ◽  
The Church

This article is a reflection on the role and contribution of the church in a democratic South Africa. The involvement of the church in the struggle against apartheid is revisited briefly. The church has played a pivotal and prominent role in bringing about democracy by being a prophetic voice that could not be silenced even in the face of death. It is in this time of democracy when real transformation is needed to take its course in a realistic way, where the presence of the church has probably been latent and where it has assumed an observer status. A look is taken at the dilemmas facing the church. The church should not be bound and taken captive by any form of loyalty to any political organisation at the expense of the poor and the voiceless. A need for cooperation and partnership between the church and the state is crucial at this time. This paper strives to address the role of the church as a prophetic voice in a democratic South Africa. Radical economic transformation, inequality, corruption, and moral decadence—all these challenges hold the potential to thwart our young democracy and its ideals. Black liberation theology concepts are employed to explore how the church can become prophetically relevant in democracy. Suggestions are made about how the church and the state can best form partnerships. In avoiding taking only a critical stance, the church could fulfil its mandate “in season and out of season” and continue to be a prophetic voice on behalf of ordinary South Africans.

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