Chairperson, I practised myself and many of my clients would probably say the same thing when they've done something wrong and you can't help them out of trouble and they're not happy with the result. Then everyone else in the world is to blame except them, which is a problem, but I'm not saying that there aren't really problems.
Look, firstly, a legal aid lawyer falls under the same rules as any other lawyer and it's an ethical rule for lawyers that you're not allowed to double-book. If they double-book then, clearly, they should be reported like anyone else and they should be punished accordingly.
What is interesting is that you tell me that the supervisor himself was saying that they were double-booking. Now, I think we should sack that supervisor for telling you that because why is the supervisor, who is a senior lawyer, allowing his people to double-book when he knows it is totally and utterly against the rules for any practising lawyer to do it?
I mean, it's one of the cardinal sins. As an advocate you would definitely get hauled before the Bar Council and be very severely reprimanded and punished if you ever double-booked. So that is clearly not on.
Regarding the second issue, I think we should take, with a big pinch of salt, whether the lawyers are telling them to plead guilty or not. It is a lawyer's duty, when you think that the best result for your client would be achieved if he pleaded guilty and, for example, to get a plea bargain to get a particular sentence and not necessarily go through the process, to recommend that. So in some instances, if a lawyer doesn't do that and advise you accordingly, then that person wouldn't be acting ethically.
If you are trying as a lawyer to pressure a client to do something they do not want to do, then clearly that would be incorrect. Again, if there's a complaint such as that then that particular complaint should be referred to the law societies and so on. Clearly our lawyers in the Legal Aid Board have to act with the same ethics as any other lawyer who deals with the law.
Role of Legal Aid Board in ensuring a speedy trial for awaiting-trial prisoners
141. Ms F Nyanda (ANC) asked the Minister for Justice and Constitutional Development:
Whether the Legal Aid Board assists in the reduction of overcrowding in prisons through ensuring that awaiting-trial prisoners get a speedy trial; if not, why not; if so, what are the relevant details?