Africa-Press – Lesotho. NEWLY elected Law Society of Lesotho (LSL) president, Advocate Lintle Tuke, has hit the ground running. He wants LSL members to consider finalising the Legal Practice Bill, 2018, aimed at enhancing the regulation of the legal profession in Lesotho.
Advocate Tuke was elected the new president of the Council of the LSL at the organisation’s long delayed annual general meeting at the weekend. He beat his man challenger, Fusi Sehapi, to replace the former LSL boss, Advocate Tekane Maqakachane at the event which ran from 2-3 June 2023 at the Selibeng Conference Centre, Ha-Motloheloa, Maseru.
Adv Sehapi is nonetheless crying foul and threatening to challenge Advocate Tuke’s victory in the courts. He essentially accuses Adv Maqakachane of “rigging” the elections for Adv Tuke.
Adv Maqakachane has rejected the allegations. Adv Sehapi said his supporters had essentially been disenfranchised and misled about the voting process.
He also took umbrage with Adv Maqakachane’s decision to take with him ballot papers after adjourning proceedings on Friday. He believes this was all part of a grand scheme to “manipulate” the vote.
Adv Sehapi has also threatened to go to court to challenge the adoption of the Legal Practice Bill. But while Advocate Sehapi whines, Adv Tuke has hit the ground running.
He has appealed to LSL members to “apply their minds” on the Legal Practice Bill, which they adopted at the weekend conference. He also rejected Adv Sehapi’s rigging claims, saying he had won the elections freely and fairly.
Some members were not happy with the adoption of the Bill. A workshop is being planned for further deliberations of the Bill, which was originally formulated in 2018 but has not been actioned into law hitherto.
“This Bill has far-reaching implications which need proper and sober reflection from members of the legal fraternity and other stakeholders.
We must not rush anything but workshop the Bill accordingly for meaningful engagements,” Adv Tuke said. “It is not right for other members to reject the Bill just because some are doing so. This is a Bill that’s been sitting on the shelves and gathering dust since 2018 and it was drafted with the help of the SADC Lawyers Association.
Everyone was given a copy to scan before the elections and it is only right that now that the elections have been held, members should dwell on the document attentively and comprehend its contents.
“That document is way too bulky, and no one can say they have already gone through it and understood it. Besides, everyone is free to contribute and submit amendments where there is such a need.
It is not a final piece as yet, we are going to workshop it once we feel that ample time has been awarded for it to have been understood. . . The Law Society will oversee this process.
” Adv Tuke thanked his colleagues for entrusting him with the leadership of the LSL.
“The lawyers’ endorsement of me is testament to the shared values we hold dear. I am profoundly humbled and immensely thankful,” Adv Tuke said.
He said in the period preceding the elections, he made a number of commitments and promises, “which stemmed not from political rhetoric but from a genuine and enduring love for the legal profession”.
“The propositions set forth were devised with a singular objective to substantially improve the landscape of our legal fraternity, to inspire advancement for all its members, from the most recent bar passers to our esteemed seniors,” Adv Tuke said.
“The election process has undoubtedly been a profound learning experience.
It has not just enriched my understanding of the dynamics of our legal profession, but has also underscored the fundamental role of transparency, engagement, and teamwork in our pursuit for a robust legal framework.
He added: “The first lesson I’ve taken to heart is the paramount importance of open dialogue. The diverse viewpoints and ideas that surfaced during the campaign reinforced my belief in the value of engaging in robust discourse.
We may hold divergent views, but it is through these exchanges that we develop a well-rounded understanding of the challenges we face, and the solutions required to tackle them; and the value of perseverance has been emphasized throughout this process.
The focus of his newly elected Council would be to lead the LSL towards growth and development, with a commitment to fair practice and unity, he said.
“We invite all our colleagues to work collaboratively towards this shared goal, in the spirit of our legal profession and the well-being of the Basotho nation,” Adv Tuke said.
Adv Sehapi however seems to have other ideas. He says the elections that catapulted Adv Tuke to the helm of the LSL were not fair. His supporters had been excluded from the second lap of the process on Saturday after the initial “mock” voting on Friday, which he claims to have won.
The AGM had commenced on Friday as scheduled with the agenda being adopted smoothly including the adoption of the Legal Practice Bill, 2018. Following the adoption of the agenda, the Lesotho Times was told that outgoing president Adv Maqakachane had adjourned proceedings until the next day.
He had taken with him the ballot papers to be used in the election of the new Council the following day. Apparently, the meeting seems to have continued on the Friday despite the adjournment.
Adv Sehapi said he was surprised to see Adv Tuke and his team participating in the elections again on Saturday despite participating in the “mock” elections on Friday and “losing”.
“On Saturday, I found a few lawyers already convened in the hall and also learnt that Adv Kuili Ndebele, who was also a candidate running for presidency had withdrawn and was now in support of Tuke.
I then tried to register my views on the elections which were held yesterday. Immediately at that, Adv Maqakachane stopped me, but I went ahead anyway,” Adv Sehapi said.
“There was so much hostility as I was barred from speaking. I told them that I wouldn’t be participating because my constituents were not present as they had voted yesterday (Friday). . . .
I learnt that there was now a coalition ganging up against me and there was a lot of hostility from Mr Maqakachane himself and the rest of the audience which I learnt is Tuke’s team.
I had already told them that if the Friday elections were illegal, that would have to be evaluated by a court of law. ” Adv Sehapi said he was not aware that the Legal Practice Bill, 2018, had been adopted.
If so, he said he would challenge it in court because “I don’t have the confidence in these people (in the new Council) to make us a law that will govern us as lawyers.
That document (Bill) was drafted years ago and needs to be reviewed,” Adv Sehapi said. “It is too bulky and there shouldn’t be any rush about it. It defies logic why there are people who so badly wanted it to be adopted in such a short space of time.
Some lawyers want it challenged and they believe that I can do it on their behalf as I have a better locus standi given that I was a contestant. That means I then can’t challenge the adoption of the Bill and not challenge the elections,” said Adv Sehapi.
He also alleged that those who had voted on Saturday did not constitute a quorum. Adv Maqakachane said everything that had happened after he had adjourned the meeting on Friday was null and void.
He said he was surprised to see some of the members “caucusing” outside the hall after he had adjourned proceedings. They had thereafter opted to proceed with the meeting but that was all invalid including any election purportedly held on Friday.
“I took the ballot papers with me as they would only be used on Saturday for voting.
,” Adv Maqakachane said.
“Shortly after I had left, I discovered that most members who remained behind had decided to go ahead with the voting and had used some plain paper to improvise for the ballot paper in the unlawful meeting .
. All that was invalid. ” Adv Maqakachane said lawful elections had been held on Saturday and Adv Tuke had won. The Legal Practise Bill had also been properly adopted by the “whole house”.
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