THE CHIEF JUSTICE - ACCUSED OF BRINGING THE LEGAL PROFFESSION INTO DISREPUTE AND RIDICULE

THE CHIEF JUSTICE - ACCUSED OF BRINGING THE LEGAL PROFFESSION INTO DISREPUTE AND RIDICULE

Members of the Bar Association of Seychelles have expressed alarm and concern at what they see as a disintegration of their once noble and honourable profession by the continuous onslaught of its precepts by the Chief Justice who, this week, administered the oath to Mr. Daniel Caesar (aka Pti Cowboy) under the Official Oath Act (Cap 153) appointing him “Counsel”. Lawyers who contacted this newspaper have voiced their dismay and disgust. They have opined that, not only does this title not exist in our laws but the oath is not provided for under the Official Oath Act. While the Chief Justice might be at liberty to perform favours to all and sundry should those favours at the very least not be legal?

This is not the first time that the Chief Justice has abrogated the provisions of the Legal Practitioners Act (LPA). Mr. Daniel Belle was also given the same privilege when he was appointed Attorney-at-law in total violation of the LPA. The gist of the complaint is that both Mr. Daniel Belle and Mr. Caesar have not gone through the proper channel to qualify as lawyers as has hitherto been the practice.

To become a lawyer one has to study law for 3 years to receive a law degree or LLB from a university overseas. The person can then sit for the BAR finals examinations or the Legal Practitioners Course (LPC) and only if he passes the Bar examinations is he then entitled to be called to the Bar and becomes a Barrister, or a solicitor, if he passes the LPC. The successful candidate is then eligible to undergo 2 years pupilage (training) or clerkship with an “Approved Chambers” after which he can apply to the Chief Justice to be sworn in, and enrolled as an Attorney-at-law. It has been alleged that this has not been done in both the cases of Mr. Caesar and Mr. Belle. There are provisions for those with LLB degrees to sit for a local exam but here again questions have been asked as to whether Mr. Belle has even got an LLB or equivalent.

Others have complained that some “pupils” are being afforded the full right of audience all the way to the Court of Appeal contrary to law. In fact pupils are not permitted to be gowned and wigged but simply to wear bands, just like student nurses who dress differently from fully qualified nurses. These arbitrary practices are being sanctioned by the Chief Justice and are lowering the standard of the legal profession as a whole. The Bar Association has intimated that they will this time challenge this appointment on very solid legal grounds before the Supreme Court of Seychelles. Unlike other commonwealth jurisdictions which strictly adhere to the procedures laid down by the law for appointment of lawyers to practice in their respective jurisdictions, Seychelles has unfortunately allowed its high standard to slip into mediocrity and absurdity. What is presently happening is tantamount to The Medical Council allowing an unqualified person to practice as a doctor or surgeon. The victims in such situations are the unsuspecting members of the public who assume that simply because a person is within the precinct of the hospital and is wearing a white coat or gown that the person is a qualified medical practitioner.

It is hoped that The Seychelles Licensing Authority (SLA) will come to the rescue of the public from unqualified personnels, and review certain licences. Additionally, the Seychelles Licensing Authority should be more vigilant in issuing future licences. Sadly, through this and other past incidents, the credibility and integrity of the Chief Justice has been seriously compromised and the legal profession tainted.