Law Society overstepped boundaries, court finds
Windhoek lawyer Sisa Namandje will not have to give the Law Society of Namibia access to his law firm's financial records.
SIMON ENDJALA
WINDHOEK
An urgent application by the Law Society of Namibia (LSN), seeking a court order directing Windhoek lawyer Sisa Namandje to open his financial records for the LSN's ongoing investigations, was dismissed by High Court by Judge Herman Oosthuizen on Friday.
The Law Society wanted the court to order Namandje to open up his financial records for ongoing investigations as he allegedly did not cooperate with the body.
The application was dismissed with costs because the LSN did not provide the court with the full council resolution authorising the lawsuit against Namandje.
“The council of the Law Society of Namibia has also not indicated that it had a reasonable belief that Sisa Namandje law firm was guilty of professional misconduct that had to be investigated.
“The council did not take a valid decision to authorise the court application to get access to the records and books of Sisa Namandje and his law firm. The Law Society of Namibia's application is, therefore, dismissed with costs,” Oosthuizen found.
Fishrot connection
Namandje successfully fought off the LSN in an attempt to clear his name of accusations regarding his alleged role in the Fishrot corruption scandal that led to the arrest of two former senior cabinet ministers - Bernhardt Esau and Sacky Shanghala.
During the hearing on 13 and 14 May 2020, Namandje's lawyer, Advocate Raymond Heathcote, informed the court that the LSN had on numerous occasions since 2015 been asking Namandje regarding his alleged unprofessionalism and misconduct at the law firm regarding attorney-client confidentiality.
“The LSN has no legal powers to obtain a warrant for searches of our client's law firm. The Law Society of Namibia overstepped the legal boundaries when they asked our client - Sisa Namandje - to open up the financial records of his law firm to them for inspection and investigation,” said Heathcote in his heads of argument.
According to Heathcote, a proper legal complaint should have been made before a magistrate's court or any other law enforcement agency before the LSN began inspecting or investigating any member of the LSN for alleged unsatisfactory conduct.
Unprocedural
“Before one starts conducting inspections or investigations on any member of the LSN for alleged unsatisfactory misconduct, one should first be sure or have a reasonable belief that such a person is really guilty of the misconduct. After this, you should then approach the courts to obtain the financial records of his or her law firm,” Heathcote argued.
He also said there is no legal power mentioned in the Legal Practitioners Act of Namibia to authorise the director of the LSN to investigate a lawyer or their law firm for alleged misconduct or unsatisfactory behaviour.
In her submissions, LSN lawyer Uno Katjipuka-Sibolile informed the court that the findings pertaining to Namandje and his law firm would not be presented to the Anti-Corruption Commission (ACC).
Katjipuka-Sibolile argued that the purpose of gaining access to identified financial records was not being done with the aim of handing over such records to the ACC.
Katjipuka-Sibolile was assisted by lawyer Nixon Marcus. - NAMPA
WINDHOEK
An urgent application by the Law Society of Namibia (LSN), seeking a court order directing Windhoek lawyer Sisa Namandje to open his financial records for the LSN's ongoing investigations, was dismissed by High Court by Judge Herman Oosthuizen on Friday.
The Law Society wanted the court to order Namandje to open up his financial records for ongoing investigations as he allegedly did not cooperate with the body.
The application was dismissed with costs because the LSN did not provide the court with the full council resolution authorising the lawsuit against Namandje.
“The council of the Law Society of Namibia has also not indicated that it had a reasonable belief that Sisa Namandje law firm was guilty of professional misconduct that had to be investigated.
“The council did not take a valid decision to authorise the court application to get access to the records and books of Sisa Namandje and his law firm. The Law Society of Namibia's application is, therefore, dismissed with costs,” Oosthuizen found.
Fishrot connection
Namandje successfully fought off the LSN in an attempt to clear his name of accusations regarding his alleged role in the Fishrot corruption scandal that led to the arrest of two former senior cabinet ministers - Bernhardt Esau and Sacky Shanghala.
During the hearing on 13 and 14 May 2020, Namandje's lawyer, Advocate Raymond Heathcote, informed the court that the LSN had on numerous occasions since 2015 been asking Namandje regarding his alleged unprofessionalism and misconduct at the law firm regarding attorney-client confidentiality.
“The LSN has no legal powers to obtain a warrant for searches of our client's law firm. The Law Society of Namibia overstepped the legal boundaries when they asked our client - Sisa Namandje - to open up the financial records of his law firm to them for inspection and investigation,” said Heathcote in his heads of argument.
According to Heathcote, a proper legal complaint should have been made before a magistrate's court or any other law enforcement agency before the LSN began inspecting or investigating any member of the LSN for alleged unsatisfactory conduct.
Unprocedural
“Before one starts conducting inspections or investigations on any member of the LSN for alleged unsatisfactory misconduct, one should first be sure or have a reasonable belief that such a person is really guilty of the misconduct. After this, you should then approach the courts to obtain the financial records of his or her law firm,” Heathcote argued.
He also said there is no legal power mentioned in the Legal Practitioners Act of Namibia to authorise the director of the LSN to investigate a lawyer or their law firm for alleged misconduct or unsatisfactory behaviour.
In her submissions, LSN lawyer Uno Katjipuka-Sibolile informed the court that the findings pertaining to Namandje and his law firm would not be presented to the Anti-Corruption Commission (ACC).
Katjipuka-Sibolile argued that the purpose of gaining access to identified financial records was not being done with the aim of handing over such records to the ACC.
Katjipuka-Sibolile was assisted by lawyer Nixon Marcus. - NAMPA
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