The Committee System

In addition to the Directorate, 20 committees assist the Law Society’s Council in its work. The legal practitioners serve on the committees voluntarily. They do not do it because they have to, but because they want to. They donate and dedicate their time, effort and expertise to serving the profession and as a service to the broader Namibian society without asking for anything in return. 

The LSN committees which deal with matters of Public and Professional Interest include (to name but a few), the Bursaries and Sponsorships Committee that deals with bursaries awarded by the Law Society to deserving Namibians to study law; the Legal Ethics Committee that deals with the professional standards and conduct of legal practitioners; the Law Reform Committee that provides input and conducts research on the laws of our country. Other committees include the Human Rights Committee, the Access to the Law and Social Responsibility Committee, the Non-Legal Practitioners Committee, the Taxation Committee and the Sustainability Committee.

Committees which deal with matters of Legal Practice and are in general tasked with the nuts and bolts of the practice include the Legal Education and Professional Development Committee, the Civil Litigation Committee, the Criminal Litigation Committee, the Commercial Law Committee, the Labour Law Committee, the Gender, Child and Family Law Committee, the Fees and Guidelines Committee, the Property Law and Notarial Practice Committee and the Liquidations, Trusts and Estates Committee.

Current ad hoc committees of the LSN include the Mediation Committee, the E-Judiciary Committee and the Investigations Committee.

The LSN Standing Committees for 2014 are:
 
1.  Legal Education and Professional Development Committee
This Committee ensures that training and development activities are provided for the profession at both pre- and post admission level and to encourage skills transfer.

• JTC training
• LSN member training
• Bursaries
• Conveyancing training

2.  Commercial Law Committee
This Committee considers the impact of new legislation of the profession, drafting guidelines pertaining thereto, to submit comments and/or recommendations as and when deemed necessary.

• Competition law
• E-commerce
• FIA and POCA
• Legislation
• Patent and copyright
• Intellectual property
• Companies Act

3.  Fees and Guidelines Committee
To develop relevant models and/or legislation, to draw up guidelines and to set standards; to encourage public education with regard to the tariff structures to the courts and the legal profession.

• Contingency fees
• Retainers
• Professional fees

4.  Labour Law Committee
To endeavour to influence the relevant authorities dealing with legislation to the extent that ADR would be more widely used and to strive for mandatory ADR before court trial may proceed.  Attempt to, through training, ensure that legal practitioners become mediators / arbitrators and that the public and commerce have access to them.

• Alternative dispute resolution
• Arbitration and conciliation
• Legislation

5.  Gender, Child and Family Law Committee
To comment on any relevant legislation, to consider incorporating arbitration in domestic matters, to lobby for changes to the legislation and to raise awareness of and/or the need for special courts.

• Special courts
• Public education
• Legislation

6.  Civil Litigation Committee
To ensure that the interest of the public and the profession are balanced, to ensure that the Rules of Court are harmonised with the practice directives and to provide input and /or comments thereto; to liaise with the staff of the courts to discuss matters of mutual concern, to pursue the possible harmonisation of the High Court and Magistrate’s Court Rules.

• Supreme Court matters
• High Court matters
• Magistrate’s Court matters
• Community Court matters
• Constitutional matters
• Legislation 

7.  Criminal Litigation Committee
To ensure that the interest of the public and the profession are balanced, to ensure that the Rules of Court are harmonised with the practice directives and to provide input and / or comments thereto; to liaise with the staff of the Courts to discuss matters of mutual concern, to pursue the possible harmonisation of the High Court and Magistrate’s Court Rules.

• Supreme Court matters
• High Court matters
• Magistrate’s Court matters
• Community Court matters
• Constitutional matters
• Community based sentencing
• Legislation 

8.  Property Law and Notarial Practice Committee
To ensure effective services, to promote public awareness, to draft guidelines and/or legislation reform.

• Conveyancing
• Property Law
• Notary Public
• Legislation 

9.  Liquidations, Trusts and Estates Committee
To ensure effective co-operation, to discuss and draft legislation changes, to study best practices in other countries in this regard.

• Wills and Estates
• Trusts
• Liquidations
• Legislation 

10.  LSN Law Reform Committee
To encourage and drive the transformation process of the legal profession, to debate whether and what type of law reform is required, to deal with matters referred to the LSN by the LRDC which does not fall under any other standing committee.

11.  Legal Ethics Committee
To ensure that professional standards are adhered to at all times, to make recommendations to Council, to draft guidelines for professional standards.

12.  Access to the Law and Social Responsibility Committee
To encourage and develop a pro bono model for the legal profession, to enhance access to justice, to engage with relevant role players / ministries.  To create a forum where consumer issues may be debated, to determine if legislation in this regard is adequate or whether changes need to be made, to provide public education on consumer rights.

• Pro bono
• Pro amico / Amicus curiae
• Specialist courts
• Consumer protection
• Identify projects 

13.  Non-legal Practitioners Committee  
To encourage engagement with regard to assisting paralegals to become regulated, to monitor their activities and to institute and/or recommend legal action where the LPA is contravened, to encourage the proper use of paralegals within the legal system.

• Alspin
• Legislation
• Contraventions

14.  Human Rights Committee
To keep abreast with any developments in this regard and to inform Council of any infringements and/or suggested actions / responses to be taken – SADC, Regional and International.
 
15.  Taxation Committee
To assist the public by taxing legal practitioners’ accounts pertaining to non-litigious matters.
 
16.  Bursaries and Sponsorships Committee
To evaluate all bursary applications, to conduct interviews, to advise Council on new allocations and re-allocations of bursaries.  To set guidelines for sponsorships and make recommendations therein.
 
17.  Sustainability Committee
To formulate and access a sustainability model with the aim to make the LSN sustainable, which will include consideration and input on the budget of the LSN.