A report released by the chairperson of the disciplinary committee for lawyers, Jermaine Muchali, has revealed that 63 complaints were against lawyers by September this year.
The report states that 44 complaints were received for the 2023 financial year and 19 this year.
Of these, 52 were fined and/or reprimanded, one was struck from the roll and two cases were suspended. All in all, 58 were considered by the committee, with 19 referred to hearing while on 39, no prima facie case was established, and five matters remain pending.
The committee bemoaned the shortage of qualified initiators which they say impacts efficiency and accountability and implored experienced legal practitioners to apply and serve as initiators to help uphold the standards and integrity of the profession.
The committee found there is an increase in complaints about client fund mismanagement and service delays and recommended enhanced professional development in fiduciary duties and ethical conduct. It also recommended strengthening oversight into trust fund management and raising public awareness of client rights.
Matters overseen during the past financial year include misappropriation of client funds, overreaching, negligence in professional conduct and unprofessional, unworthy, or dishonourable conduct.
Muchali said that to rectify these issues the committee resolved to uphold professional ethics and accountability by continuing to investigate complaints diligently and take appropriate actions to maintain the integrity of Namibia’s legal profession.
The committee further amended the governing rules of the DC to ensure the timely resolution of the matter brought before it. Muchali accredited the success of the DC to the support it received from the phenomenal support of the justice ministry and the Law Society.
He said the DC’s responsibility in disciplining lawyers that veer off the path is not personal towards any legal practitioner, “but strictly professional and that as a committee they are not the enemy, but any legal practitioner that commits misconduct will be disciplined without fear or favour as they are there to protect the legal profession and the public at large”.
Muchali stressed that under his leadership; the DC will not tolerate lawyers undermining the profession by conducting themselves unprofessionally and stealing from innocent members of society.