Political interference by cabinet ministers is embarrassing Chief State Law Advisor Enver Daniels's office, and government lawyers take cases to court that have no merit because they fear politicians and directors-general.
Two explosive new reports released by the Public Service Commission (PSC) yesterday revealed that the government's official legal advisers are complaining that the undue pressure they are put under by politicians results in embarrassment in court.
State law advisers now want to safeguard their independence from the Department of Justice and be shielded from political interference. They also want to be more independent and objective when offering legal advice to eliminate the perception that they are "executive-minded", according to one of the reports titled "Assessment on the Effectiveness and Efficiency of the Office of the Chief State Law Advisor".
Daniels's office provides legal advice, representation and legislative drafting services to the executive, all national and provincial government departments, municipalities, state-owned entities and independent or autonomous bodies that may refer work to it.
A Pretoria Bar member told the PSC that state attorneys oppose matters where there is no merit and act against the advice that is given to them by senior counsel and fear politicians and directors-general, and end up taking up matters that have no merit to court.
Corrupt state lawyers are demanding at least R3000 in kickbacks to brief private legal practitioners to represent the government while others are given work because of political connections.
"There are several allegations that some advocates from this category (previously disadvantaged) seem to be given substantially more briefs, or briefs of a more complex nature, than others depending on their political affiliation or "kickbacks" paid," reads another report titled "Assessment on the Effectiveness and Efficiency of the Office of the State Attorney".
It also quotes a member of the Black Lawyers Association (BLA) stating that the criteria for being selected for a brief is unknown "except that you must offer kickbacks". State attorneys have also complained that they are understaffed, with only 300 across the country when 2487 are needed.
Justice Department spokesman Mthunzi Mhaga said he was not aware of the PSC reports, while BLA president Lutendo Sigogo could not immediately respond when asked for comment.
sidimbal@sowetan.co.za
Political interference embarrassing State Law Advisor's office
Political interference by cabinet ministers is embarrassing Chief State Law Advisor Enver Daniels's office, and government lawyers take cases to court that have no merit because they fear politicians and directors-general.
Two explosive new reports released by the Public Service Commission (PSC) yesterday revealed that the government's official legal advisers are complaining that the undue pressure they are put under by politicians results in embarrassment in court.
State law advisers now want to safeguard their independence from the Department of Justice and be shielded from political interference. They also want to be more independent and objective when offering legal advice to eliminate the perception that they are "executive-minded", according to one of the reports titled "Assessment on the Effectiveness and Efficiency of the Office of the Chief State Law Advisor".
Daniels's office provides legal advice, representation and legislative drafting services to the executive, all national and provincial government departments, municipalities, state-owned entities and independent or autonomous bodies that may refer work to it.
A Pretoria Bar member told the PSC that state attorneys oppose matters where there is no merit and act against the advice that is given to them by senior counsel and fear politicians and directors-general, and end up taking up matters that have no merit to court.
Corrupt state lawyers are demanding at least R3000 in kickbacks to brief private legal practitioners to represent the government while others are given work because of political connections.
"There are several allegations that some advocates from this category (previously disadvantaged) seem to be given substantially more briefs, or briefs of a more complex nature, than others depending on their political affiliation or "kickbacks" paid," reads another report titled "Assessment on the Effectiveness and Efficiency of the Office of the State Attorney".
It also quotes a member of the Black Lawyers Association (BLA) stating that the criteria for being selected for a brief is unknown "except that you must offer kickbacks". State attorneys have also complained that they are understaffed, with only 300 across the country when 2487 are needed.
Justice Department spokesman Mthunzi Mhaga said he was not aware of the PSC reports, while BLA president Lutendo Sigogo could not immediately respond when asked for comment.
sidimbal@sowetan.co.za
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