The offices of retired Judge Siraj Desai, SA’s Legal Service Ombudsman appointed by President Cyril Ramaphosa in December 2020, are still not operational which has drawn serious concerns from the legal fraternity.

The Star reports members of the public and law societies have voiced concerns that the Department of Justice might not have properly planned Desai's appointment, leaving complainants with urgent matters helpless.

Advocate Muhammed Abduroaf said despite Desai only being appointed last year, the Ombudsman’s offices had to be functioning as of October 2018, when the Legal Practice Council (LPC) came into effect.

‘It is a very important office which has now been vacant for almost three years.’ Abduroaf said if the office is not operational soon, then ‘the public will be denied their legislative recourse to lay complaints against legal practitioners as provided for through the office of the ombudsman. It would also mean that legal practitioners against whom the public is complaining would continue with their misconduct.’

Tony Pillay, acting executive director for the Law Society of SA (LSSA), also questioned why the office as per the Legal Practice Act had not been implemented.

The LSSA’s president Mvuzo Notyesi said in a statement that while Desai’s appointment was long overdue, it should have coincided when the LPC came into effect in October 2018.

The spokesperson in the department, Chrispin Phiri, said the issue should be addressed before the new financial year begins.

Full report in The Star (subscription needed)