By Neo Kolane
Newly-appointed president of the Law Society of Lesotho, Advocate Lintle Tuke (LT), has big plans for the institution.
Tuke is the founder of Tuke and Scholtz Inc, a legal and management consultancy firm in Maseru where he consults on Governance, Risk and Compliance (GRC) for both small and big corporate clients.
Tuke obtained his LLB (Hons) degree from the National University of Lesotho (NUL) before doing professional courses in Compliance Management at the University of Cape Town. He also studied Risk Management, Corporate Governance, and International Economics and Business and is currently pursuing a Master of Business Administration (MBA) in Big Data Management degree with the International University of Applied Sciences in Berlin, Germany. He practices law as an Advocate at Tuke L.A Chambers in Maseru. In this exclusive interview with theReporter’s Neo Kolane, Tuke narrates his plans for the Law Society Lesotho.
What are the responsibilities of the Law Society of Lesotho?
As the principal regulatory body of the legal profession in the country, the Law Society of Lesotho holds the threefold responsibility of upholding the highest professional standards among lawyers, safeguarding the rule of law, and protecting the sanctity of our constitution. We are committed to fostering a culture of legal excellence and integrity, while striving for the fair and impartial administration of justice. By ensuring uniformity in the application of law, we promote a society where every citizen stands equal before the law. We also tirelessly defend the principles and provisions enshrined in our constitution, dedicating ourselves to the protection of the constitutional rights and freedoms of the Basotho people.
In essence, our multifaceted role embodies our unwavering commitment to justice, fairness, and the democratic values that underpin our nation.
The outgoing committee was under fire for refusing to step down after their tenure in office expired on 1 April 2022. What were the reasons behind this?
Contrary to some assertions, itis crucial to clarify that the outgoing committee neither refused to step down nor did their term of office expire on April 1, 2022. The Law Society Act of 1983, in conjunction with the Law Society Rules of 2012, typically requires the Law Society Council to hold an Annual General Meeting (AGM) by end of June following each term. However, these regulations, like most others, allow for deviations under specific circumstances. The unprecedented impact of the COVID-19 pandemic and the associated protocols were the primary factors that necessitated a temporary departure from our standard timeline. This action ensured the safety of our members and the broader community while adhering to public safety measures.
Moreover, it is also important to dispel the characterisation that the outgoing Council was “under fire”. This narrative inaccurately magnifies the grievances of a single individual as opposed to a consensus of the Law Society. One lawyer, seemingly driven by personal ambition, stirred this discord. While every member’s concerns and opinions are valid and should be heard, we must remember that the perceptions of one individual do not necessarily represent the collective sentiment. The discourse within our community should always be driven by collective interest rather than individual agendas.
What are the major issues affecting the Society today and how do you intend to address them?
Indeed, there are several critical challenges facing the Law Society of Lesotho today, which we are determined to address under my leadership.
Firstly, there has been a lack of strategic direction. It is essential for any organisation, especially one as crucial as the Law Society, to have a clear, forward-thinking strategy to guide its efforts and initiatives. We intend to address this by initiating a comprehensive strategic planning process, involving all members in setting our objectives, priorities, and action plans.
Secondly, the Society has been suffering from a lack of strategic planning. This shortcoming often results in inefficiencies and lack of progress. To combat this, we will be implementing a well- structured strategic planning process. This process will not only involve setting long-term goals but also devising clear, actionable steps towards achieving those goals.
The absence of effective policies within the Society is another issue of concern. Policies provide the necessary framework for decision-making and action, ensuring consistency and fairness. My team and I will work tirelessly to develop and implement comprehensive policies covering all aspects of the Society’s operations.
Lastly, there has been a perceived dereliction of statutory duties towards our lawyers. The Law Society has a responsibility to support, protect, and advocate for its members. It is clear that we need to do more in this area. We are committed to enhancing our efforts to uphold our statutory duties.
This includes advocating for our members’ rights and interests, providing them with the necessary support, and ensuring that their voices are heard and considered in all our decisions and actions.
These challenges are significant, but I am confident that with dedicated focus, collective effort, and a clear vision, we can overcome them and build a stronger, more effective Law Society for the benefit of our members and the Basotho nation.
What do you plan to achieve during your five-year tenure in office?
By the end of my tenure, I hope to see a Law Society that is more united, strategic, transparent, and responsive to the needs of its members and the Basotho nation.
The reputation of the Law Society has remained low over the years amidst allegations that the organisation has been captured and dances to the whims of politicians. Is this a correct assessment in your view? If true, how did this come about?
The perception that the Law Society of Lesotho has been unduly influenced by political forces is a concern that I take very seriously. However, perception and reality can sometimes diverge. While it is possible that there have been instances where political considerations may have influenced the organisation, it is not accurate to suggest that the Society as a whole has been “captured” by political forces.
The influence of politics is a complex issue that can emerge in various ways and for different reasons. The legal profession, like any other sector of society, is not completely insulated from the broader political climate. Decisions and actions of the Law Society may sometimes intersect with political issues, particularly when we are advocating for legal and policy changes, or standing up for the rule of law.
However, it is crucial to differentiate between engaging with political issues in our professional capacity, and being controlled by political interests. Then Law Society is, and must always remain, an independent body that makes decisions based on the best interests of its members, the legal profession, and the Basotho nation.
Moving forward, we will work to dispel these perceptions by demonstrating our commitment to independence, integrity, and transparency. We will engage openly with stakeholders, uphold the highest ethical standards, uphold the highest ethical standards, and make decisions based on rigorous analysis and broad consultation. I am confident that, with time, we can rebuild trust and enhance the reputation of the Law Society among our members and the broader public.
Some Law Society members have been accused of failing to comply with the organisation’s rules and regulations as well as prioritising profits at the expense of offering quality services to clients. How do you intend to deal with?
The issues of non-compliance with the organisation’s#39 rules and regulations, and the prioritisation of profits over the quality of services, are indeed concerns that demand urgent attention. Such behaviours undermine the integrity of our profession, and diminish public trust in our services.
To address these issues, we plan to take several measures:
Strengthen Oversight and Enforcement: We intend to enhance our oversight mechanisms to ensure compliance with the Society’s rules and regulations. We’ll implement a more robust system for tracking and addressing allegations of non-compliance. Violations will be met with strict disciplinary actions, as stipulated in our code of conduct.
Education and Training: We believe that a part of the problem lies in a lack of understanding or awareness of our rules and regulation. Therefore, we will invest in regular educational workshops and training sessions to ensure that all members are well-versed in our professional standards.
Ethics Reinforcement: We plan to emphasize the importance of ethics in our profession. This includes prioritising clients’ interests and ensuring the provision of quality legal services. We will conduct ethics training and integrate ethical considerations into all aspects of work.
Transparency and Accountability: To enhance trust, we will make our processes more transparent. This includes sharing updates about our oversight activities and disciplinary actions. We will also create avenues for clients and members to raise concerns and provide feedback.
Client Engagement: We will encourage our members to maintain open lines of communication with their clients. This will help to ensure that clients’ expectations are managed appropriately, and that they understand the value of the legal services they are receiving. Addressing these issues is crucial for the credibility of our profession, and we are committed to taking decisive actions to uphold the highest standards of conduct among our members.
What role, if any, does the Society have in determining the nature and course of laws promulgated in the country?
As the representative body of the legal profession, the Law Society of Lesotho plays a vital role in the development and course of legislation in the country. However, it is crucial to understand that while we may influence and shape discussions, we do not have the power to enact laws – that is the exclusive domain of the legislative branch of the government. We contribute by advocacy for law reform and legal opinions amongst others.
Lesotho is one of the countries still holding on to the Roman Dutch laws which are said to have long been abandoned in the countries of origin. How possible is it to develop a system that suits Lesotho’s society?
Indeed, reshaping our legal system to better align with Lesotho’s societal contexts is not only feasible but also a pressing need. Our current legal system – a blend of Roman-Dutch law, English common law, and customary law – carries significant colonial undertones. It reflects a historical legacy that, while informative, does not fully encapsulate our unique cultural, economic, and social landscape.
The first and foremost step in this transformative journey involves adapting our existing laws. A comprehensive review and amendment of the Roman-Dutch and English common laws are needed to better align with Lesotho’s realities. These modifications would serve to dismantle remnants of colonial influence in our legal system, ensuring that our laws are relevant and attuned to our contemporary needs.
Secondly, we should embrace Basotho customary law more deeply, weaving it more thoroughly into our legal fabric. This would make our laws culturally relevant and accessible, reflecting our society’s unique values and traditions. Of course, such integration must always uphold universal human rights and the rule of law.
Lastly, we must proactively push for legislative reform. Outdated laws need to be updated, and new laws need to be enacted that tackle current societal challenges. This shift demands extensive research and consultation, ensuring that our legislation is not only reflective of Lesotho’s realities, but also progressive in nature.
In this way, we can move away from a system that carries echoes of colonial rule, instead forging a legal system that speaks to our unique needs and societal realities, while steadfastly upholding the principles of justice and equity.
We have seen accused people and lawyers abusing the courts frustrating and delaying cases. An example here is the so-called high-profile treason and political cases. What role can the society play to stop this practice which is eroding public confidence in the legal system?
Indeed, to claim that lawyers and litigants routinely abuse the court process is a contentious assertion. In any system, there may be instances of misuse, but to generalise this as a pervasive issue would require substantial and objective evidence. Furthermore, the term “high profile case” can be misleading.
Each case, irrespective of the status or identity of the individuals involved, should be evaluated on its own merits. A crime, such as murder, remains just as severe regardless of who commits it. What designates a case as high profile; often involves external factors, such as media attention or public opinion, rather than the inherent nature of the case itself. That said, the Law Society of Lesotho acknowledges its role in upholding the integrity of our judiciary. We will continue to stress the importance of ethical conduct among our members, provide legal education on ethics and professional responsibility, and hold any lawyer accountable for proven professional misconduct. We also maintain a productive relationship with the judiciary and other stakeholders to ensure the effective administration of justice. Our goal is to build a legal system that promotes justice and garners the trust and respect of the public it serves.
