TINASHE MAKICHI
A group of young lawyers risk losing their titles as advocates should the Law Society of Zimbabwe enforce requirements compelling legal practitioners to undergo mandatory post-graduate experience which is known as the pupilage period.
This development could affect prominent lawyers like Advocate Thabani Mpofu and Silvester Hashiti among others, some of whom are now at the Advocates Chambers.
This follows revelations that according to the law, lawyers are supposed to complete a period of pupilage at a law firm after University before they are recognised as advocates.
Information gathered by Business Times shows that most prominent advocates on the land did not undergo the pupilage period which is mandatory according to law and went straight to join the chambers, a position which the Law Society deems a complete disregard of the law, culminating LSZ to write a circular informing of the position for the lawyers to regularise their operations or risk having their operations terminated.
According to a Circular by LSZ with a headline “Pupilage under Advocates”, members were reminded that post registration compulsory pupillage is a legal requirement and should be followed.
“Members are hereby reminded that post registration compulsory pupillage is a legal requirement put in place through Statutory Instrument 137 of 1999 and which was brought into effect by GN 45/2013,” said LSZ.
According to LSZ for pupillage to be acceptable, it has to be undertaken under the approval principal, one has to attend seminars offered by the Council for Legal Education and one has to write and pass exams offered by the Council for Legal Education or the LSZ as the case may be.
LSZ said members should note that in terms of the judgment of the Supreme Court in Hashiti and Others vs LSZ and 14 others, pupillage under Advocates does not comply with the requirement of SI 137/99.
LSZ said those who choose to join the advocates without having completed their pupillage in the manner stated above will not be issued with practicing certificates.
“The period spent under the advocates will not be considered in reckoning the years of pupillage,” said LSZ.
Contacted for comment, Hashiti confirmed the developments that it’s a decision that young lawyers must challenge.
“I think young lawyers need to challenge this position. I once challenged this position in the past,” said Hashiti.
Efforts to get a comment from Mpofu were fruitless as his phone went unanswered.
The LSZ was set up to effectively and efficiently represent and regulate the legal profession to promote the sustainable development of the legal profession, the observance of the rule of law, and foster public trust and confidence in the justice system.
