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JUSTICE MINISTER CLARIFIES APPROACH TO OUTSOURCING STATE LEGAL WORK AND GRANTING SILK STATUS
- 23 October 2023
- Justice & Constitutional Development
- SA Legal Academy
According to Justice & Correctional Services Minister Ronald Lamola, ‘the policy on briefing and outsourcing … state legal work is in full effect and continues to guide the allocation of state legal services’. Addressing this year’s National Association of Democratic Lawyers annual general meeting, the Minister said the policy ‘underscores’ government’s ‘commitment to addressing historical imbalances’ and seeks to ensure transparency, as well as control legal costs.
At the time of writing, the only policy document related to this matter in any way and publicly available was one on transforming state legal services. It was published in 2012.
Meanwhile, National Treasury regulations on procuring legal services using ‘the three-quotation system’ have apparently placed the Department of Justice & Constitutional Development ‘in a difficult position’ – hence several years of qualified audit results. The Minister attributed his department’s unqualified audit in 2022 to strict compliance with the procurement regulations, but appeared to be suggesting this may not be sustainable.
‘It has become apparent to us that the only solution we have to resolve … challenges with the Auditor General is to create an open and transparent panel of advocates and attorneys,’ the Minister said. In his view, not only will this assist the department in its efforts to comply with Treasury’s procurement regulations. It will not be necessary to ‘file documents every time there is a brief’.
The Minister’s speech also refers to ‘a set of draft guidelines for consideration by the President as he exercises his powers and prerogative when considering the granting of Silk status’. Developed in consultation with members of the legal profession as well as the Legal Practice Council, the proposals concerned are now with the Presidency’s legal services unit.
Once finalised, they are expected to provide ‘certainty’ about the process of conferring ‘senior status’ to eligible legal practitioners, including attorneys.
- Minister’s speech
- state legal services transformation policy
Published by SA Legal Academy Policy Watch