Worldwide Review of the Legal Profession

Competition andRegulatory Developments in Africa

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Outline

1. The context2. The profession: growth spurts3. Regulation Issues4. Representation (Trade Union

and Public Interest Issues)5. Regionalization6. Challenges and Opportunities

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The context

1. Rapidly growing economies; extractive natural resources

2. Increasing focus on regional integration and continental co-operation

3. Shift – in political ideology and economic policy – from the West and the “Bretton Woods” institutions to a “balance” with the East.

4. New challenges to democracy, rule of law

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The profession: growth spurts

Apart from Nigeria and South Africa, most countries have between 100 and 500 lawyers

A “symbolism” about crossing the 1,000 member mark

There appears to be a good “race” to increase numbers in the profession

Also, increase in African law firms joining law firm alliances; regional law firm alliances; some big South African law firms expanding “north”

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Regulation Issues

As they grow in size, there is renewed focus on regulation. Some have made amendments to their regulatory frameworks

Focus on building capacity to regulate Compulsory Continuing Legal Education (CLE)

schemes More robust disciplinary regimes Value addition from international partnerships Acceptance, in a few jurisdictions, of a role for

non-lawyers in the regulatory process (usually in Disciplinary Committees)

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Representation (Trade Union and Public Interest Issues)

Participation in law reform, especially in Sector Wide Approaches (SWAPs)

Innovative ventures into legal aid and access to justice e.g. Open Days/ Legal Aid Weeks; compulsory legal aid schemes

More assertive and proactive interventions in matters of democracy, governance, rule of law, human rights

Useful complement of international partnerships on rule of law

Regionalization

EALS; SADC LA; WABA (West African Bar Association); Pan-African Lawyers’ Union (PALU). Also, the African Forum of the IBA (AfrIBA)

Opportunities for learning, sharing and collaboration on both regulatory and representative issues

Joint positions or actions e.g. on Zimbabwe Exploration of regional economic communities

(RECs) and the African Union (AU) for advocacy; both within the “political” and “judicial” organs/ institutions

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Challenges and Opportunities

Financial stability and sustainability (low membership base, low subscriptions)

May also lead to poor staff/ skills retention rateCould be addressed by “diversification” strategies Highly repressive governments e.g. Ethiopia,

Zimbabwe Understanding that this is a long-drawn out campaign; success will not be overnight. International and pan-African advocacy are essential

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