Swazi lawyers block MPs' bid to regulate
Swaziland's lawyers have blocked a parliamentary attempt to investigate the legal profession and prevent it from self-regulating.
Last month, the Global Legal Post reported that Swazi lawyers had geared up to stymie the probe, which they argued was unlawful.
Within the last few days, a full bench of the country’s High Court unanimously backed an application from the Law Society of Swaziland, arguing that parliament does not have the power to interfere with the judiciary or legal professions. The select committee must be stopped, and parliament will have to pay the costs incurred.
Separation of powers
According to the Times of Swaziland, Judge Nkululeko Hlophe agreed with the Law Society’s contention that the country’s Bill of Rights allows the legal profession to self-regulate. He ruled that parliament’s attempts to control lawyers overlooked the separation of the country’s legislative and judicial powers.
Judge Hlophe continued that if members of parliament are concerned about potential lawyer misconduct, they should take action through the existing regulatory structures of the Law Society.