Deputy Chairperson, the answer is that we are aware that a practising advocate may choose to be a member either of the General Council of the Bar of South Africa, GCB, or of an independent Bar. The rules for admission to a Bar are set by the GCB or the independent Bar concerned.
The GCB has indeed readmitted some of the members struck from the roll on account of their involvement in the struggle, and some have been readmitted posthumously. The readmission of Duma Nokwe is one such example.
The department keeps and maintains the register of admitted advocates and re-enters the name of any advocate who has been readmitted by a court of law.
The situation of attorneys is slightly different from that of advocates. Attorneys must belong to a law society which has jurisdiction in the area where such attorney practises. Similarly, an attorney who has been removed from the roll due to his involvement in the struggle may be re-enrolled through his or her own application to court or through a law society.
The Department of Justice, in its regular interactions with the legal profession, does encourage the readmittance to the Bar of lawyers who were previously banned from practising as a result of their links with the liberation movements. Thank you, Deputy Chairperson.
Introduction of more stringent legislation to make all forms of racist behaviour a punishable crime and details relating thereto
19. Mr D V Bloem (Cope) asked the Minister of Justice and Constitutional Development:
Whether, with reference to a recent case (details furnished), his department will consider introducing more stringent legislation that will make all forms of racist behaviour a punishable crime with strict bail or no bail conditions, as opposed to sending offenders to Equality or Human Rights Courts; if not, why not; if so, what are the relevant details?