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Legal
independence
The
Law Society of Zimbabwe
March 17, 2010
The Law Society
of Zimbabwe as the regulating body that regulates the practice of
law in Zimbabwe and safeguards the professional interest of lawyers
welcomes the delivery of judgment in the case of Sahawi International
(Proprietary)Limited and ANOTHER vs John Anorld Bredenkamp and Breco
International and The Law Society Zimbabwe as an interested party
HC 4221/O8, in which case the Plaintiffs unsuccessfully tried to
raise an objection against the appearance of Advocate Adrian Phillip
de Bourbon, arguing that it should be declared that he had no audience
of the court by reason of him no longer being ordinarily resident
in Zimbabwe, unless he obtains a ministerial residence exemption
certificate.It is the pride and strength of the Law Society to effectively
fulfil its crucial mandate of ensuring and guaranteering the independence
of the profession and that of the the judiciary as shown in this
case and another recent case of The Law Society and 8 Others Vs
The Commissioner Of Police and The Minister of Home Affairs HC3960/O7.In
this case The Law Society successfully obtained an order protecting
and confirming the independence of the profession and for the profession
to enjoy protection of the lawin terms of the laws of Zimbabwe.
The Law Society believes
that if the community is to have faith in the legal system, not
only must itbe assured that the judiciary is free from bias and
unafraid to make unpopular decisions in the face of powerful interests,
but that lawyers and related members of the legal profession are
willing and able to defend the rights of people effectively, and
advocate unpopular causes without fear or favour where this is consistent
with the Rule of Law. By adhering to the Rule of Law, in the face
of wealthy and powerful interests or popular opinion fuelled by
misinformation or paranoia, both lawyers and Judges are a necessary
resource in our community for protecting the rights of the minority
groups and individual citizens.It is for this cause that the independence
and self regulating of the profession remain fundamemtal attributes
of the profession.The independence of the profession is truly an
indespensable safeguard of the rule of law and a pillar of a just
and demorcatic society .It the heart of what justifies the profession
's role in the administaration of justice .The independence of the
profession dictates that lawyers are accorded protection in order
to render their services to clients without fear or fear or undue
influence.The Law Society jealously safeguards the independence
and self regulating of the profession and will not tire to do so.
Partners and
friends do join the Law Society Family in celebrating a great stride
in the history of the profession.
Visit the case
summery
Visit the Law
Society fact sheet
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