Since the Fishrot matter came to the public attention a few weeks ago, the Law Society of
Namibia (LSN) has been in regular consultation with other regulatory bodies and institutions
to determine the extent of the allegations and the involvement of the members of the LSN.
The LSN has now formally commenced investigations into: (i) the trust accounts of
implicated legal practitioners; and (ii) the professional conduct of the legal practitioners
involved. Formal action will be taken against all legal practitioners who acted contrary to
the Legal Practitioners Act, 1995.

Dr. M van den Berg
LSN Chairperson

The Law Society of Namibia (LSN) is a juristic body with various objects, including:
(i) seeking the enhancement of the Rule of Law and the promotion of human rights;
(ii) presenting the views of the legal profession; and (iii) furthering the development of law
as an instrument of social engineering and social justice. The LSN does not condone any
unlawful or illegal behaviour. The LSN further recognises that corrupt practices, money
laundering and similar offences are serious offences and pose severe threats to the Rule of
Law. However, the LSN also appreciates that all persons are presumed innocent until proven
guilty by a competent court.

In addition to the responsibilities set out above, the LSN is also responsible for maintaining
and enhancing the standard of conduct and integrity of all members of the legal profession
and encouraging and promoting efficiency in and responsibility in relation to the profession.
In the light hereof, the LSN has received numerous requests for commentary on the matter
known as the “Fishrot Scandal”, but so far, there has been no written complaint lodged with
the LSN against any lawyer in connection with this matter.

The Council of the LSN may launch an investigation into alleged unsatisfactory conduct by a
legal practitioner either following a formal complaint, or out of the Council’s own motion, if
the Council reasonably believes that any member is guilty of unsatisfactory conduct. The
LSN is therefore currently collecting further information and engaging other institutions to
deliberate on the matter and make a decision in this regard.

Dr. M van den Berg
LSN Chairperson

The 20th Anniversary of the Judge JP Karuaihe Trust and the 13th Annual JPK Trust Legal Excellence Awards took place on Friday, 22 November 2019 at Droombos, Windhoek.

For the seventh time the JPK Trust Legal Excellence Awards ceremony took place on the same day and prior to the LSN AGM.

Since the awards are centred around legal practitioners and law students the LSN created an opportunity for its members to be present when future legal practitioners and their peers are awarded for their achievements.

The History

The Law Society’s involvement with the Judge JPK Trust started during 2006 when the trustees of the JPK Trust approached the LSN to assist them in identifying and selecting deserving winners for the ‘legal excellence awards’ thereby acknowledging the dedication, efforts and commitment of legal practitioners who are enhancing and protecting the Rule of Law in Namibia and honouring their social responsibilities.

Legal Excellence Awards

The LSN received the names of the best students from the Justice Training Centre and University of Namibia, respectively.

With regard to the human rights and social responsibility awards many of the LSN members contribute to society but they do not always ‘advertise’ their good deeds. The LSN invited nominations for the awards from its members.
Ngamane Karuaihe-Upi, on behalf of the JPK Trust, presented Leon Lochner with the trophy.



Meyer van den Berg, on behalf of the LSN, presented Leon Lochner with a LSN voucher in the amount of N$3,500.00.



Best LLB Final Year Student for 2018

REBEKKA HAIMBILI achieved a 69.8% average in the LLB programme.

Ngamane Karuaihe-Upi, on behalf of the JPK Trust, presented Rebekka Haimbili, with the trophy.



Meyer van den Berg, on behalf of the LSN, presented Rebekka Haimbili with a LSN voucher in the amount of N$2,500.00.

Legal Excellence Award for Social Responsibility

The winner is: LORENTZ ANGULA INC (ENS Africa)

Andreas Potgieter and Kennedy Haraseb accepted the award on behalf of the firm from Ngamane Karuaihe-Upi.



Legal Excellence Award for Human Rights
The LSN trusts that their commitment to providing bursaries to deserving candidates to study law and honouring achievements will go from strength to strength and that the LSN and the JPK Trust will have a long and fruitful relationship.



Retha Steinmann (LSN Director), Appolos Shimakeleni (LSN Councillor), Dieter Maree (Winner: Legal Excellence Award for Human Rights), Vanessa Boesak (LSN Councillor & Lorentz Angula Inc / ENS Africa), Andreas Potgieter and Kennedy Haraseb (Winner: Legal Excellence Award for Social Responsibility on behalf of Lorentz Angula Inc / ENS Africa), Meyer van den Berg (LSN Vice Chairperson), Stacey Bock (LSN Chairperson), Rebekka Haimbili (Winner: Best Student Final Year LLB 2018), Ngamane Karuaihe-Upi (Director JPK), Leon Lochner (Best JTC Student 2018), Umbi Karuaihe-Upi (JPK Trustee), Eldorette Harmse and Gilroy Kasper (LSN Councillors).

The Law Society of Namibia wish to make interested parties aware of the following tender bidding documents and tender drawings.

Click here to open the Tender Bidding Document.

Below the Tender Drawings for your perusal.

• 3-101_Demolition_Plan [335.46 KB]
• 3-102_Construction_Plan [173.96 KB]
• 3-103_Electrical_Plan [224.53 KB]
• 3-104_Ceiling_Layout_Plan [102.93 KB]
• 3-105_Construction_Floor_plan_Part_2 [73.57 KB]
• 3-401_W01 [29.98 KB]
• 3-402_W02 [29.63 KB]
• 3-403_W03 [33.73 KB]
• 3-501_D01 [28.75 KB]
• 3-502_D02 [28.36 KB]
• 3-503_D03 [48.85 KB]
• 3-504_D04 [32.01 KB]
• 3-505_D05 [30.27 KB]
• 3-506_D06 [29.66 KB]
• 3-551_P01 [41.48 KB]
• 3-552_P02 [48.57 KB]
• 3-553_P03 [34.08 KB]
• 3-554_P04 [47 KB]
• 3-555_P05 [38.12 KB]
• 3-601_JF01 [64.77 KB]

The Free Legal Advice Days (FLAD) form part of the Law Society's objectives to make legal services more accessible to those members of the public who cannot afford legal services. It also provides an opportunity to skilled professionals to give back to their communities.

Since its inception in 2014, the Office of the Ombudsman has been instrumental in the success of the FLAD by supporting this project and assisting the LSN with the venues and advertising the event in the regions.

The Windhoek FLAD took place on Thursday, 19 September 2019, at the UN Plaza Community Hall, Soweto, Katutura, attended by 81 members of the public.

The mid-north FLAD took place on Thursday, 24 October 2019, at the Benjamin Kheimseb Community Hall, Nomtsoub, Tsumeb.

Both the Free Legal Advice Days were presented in a revised format to better cater for those members of the public who are employed and cannot necessarily afford the time-off during work hours to attend and long waiting periods for individual consultations, were avoided.

In Tsumeb the Mayor, His Worship, Mr. Mathew Hangula, officially opened the event and the President of the Council of Law Society, Ms. Stacey Bock, delivered the welcoming remarks. LSN Senior Legal Officer, Hendrik Mauyoma, officiated the event.
The following topics were addressed at the FLAD in Tsumeb in the form of panel discussions, where after time was allowed for questions and one-on-one sessions:

• Wills & Estates
  Presented by O Mutjavikua (Office of the Master of the High Court)
• Labour
  Presented by W van Greunen (Köpplinger Boltman Legal Practitioners)
• Mal-administration
  Presented by I Husselmann (Office of the Ombudsman)
• Children’s rights
  Presented by I Husselmann (Office of the Ombudsman)
• Domestic Violence and Maintenance
  Presented by M du Plessis (Maronel du Plessis Legal Practitioner)
• Divorce
  Presented by C Harases (Tjitja Harases Incorporated)

The Chairperson, Council and Directorate of the Law Society of Namibia sincerely thank all involved for their participation and support in making the Free Legal Advice Day project a success.

CIRCLE MEETING WITH MEMBERS OF THE LSN IN THE MID NORTH REGION – FRIDAY, 25 OCTOBER 2019

Meetings with members, practising in the regions, take place once a year, when possible.

The benefit of the circle meetings is, inter alia, for members to share information with Council and colleagues in that specific region about what they do and challenges that they face. The meetings further provide a platform for solutions to be discussed, and in the process, colleagues learn from the experiences of others. In certain circumstances matters are referred to Council for discussion with the relevant authorities on behalf of the members.

Other benefits of circle meetings are that they give Council an opportunity to share information with the members relating to the profession and the work of the LSN, and for members to connect on an informal basis with the Council.

Many of the members who attended the Circle Meeting also assisted with the FLAD.

Mid-North Circle Meeting - Willem van Greunen, Cornelius de Koning, Charlie Bodenstein, Francois Pretorius, Kenneth Siambango, Hendrik Mauyoma (LSN Senior Legal Officer)
Maronel du Plessis, Stacey Bock, Tjitja Harases


FLAD Tsumeb - Ingrid Husselmann and His Worshop M Hangula (Mayor of Tsumeb)


FLAD Tsumeb - Tjitja Harases, Maronel du Plessis, A Matengu and W van Greunen all made presentations.

PROCUREMENT REF NO.:	LSN – 01/2019
INVITATION:	The Law Society of Namibia invites interested Namibian registered, qualified and experienced construction companies to submit company profiles for the renovation of the existing Law Society Offices First Floor, Namlex Building, Windhoek. Companies that meet the requirements set out below will be invited to submit quotations for the construction work. NOTE that companies that do not have the required experience in work of a similar nature will not be considered for the work.
DOCUMENTATION:	To be eligible to participate the following documents must be submitted: 1) Company profile; 2) valid company registration document/founding statement; 3) original valid good standing tax certificate from Inland Revenue; 4) original valid good standing SSC certificate; 5) valid Affirmative Action compliance certificate, 6) proof from Employment Equity Commissioner that bidder is not a relevant employer or exemption issued in terms of Section 42 of the Affirmative Action Act of 1998; 7) original letter from the bank confirming banking details (letter should be on letterhead, stamped and signed by the bank official); 8) List of assignments of similar nature successfully completed during the last 5 years.
ENQUIRY:	Written enquiries can be addressed to J Du Toit at This email address is being protected from spambots. You need JavaScript enabled to view it.
SUBMISSION:	Faxed or emailed documents will not be accepted. The LSN reserves the right not to accept any proposal. The LSN shall have the RIGHT to: (a) ask for clarification at time of examination and/or evaluation of profiles; (b) reject all company profiles, if the above cited "eligible" conditions are not adhered to; (c) to remove non-performing suppliers from the list; Completed Bids must be submitted by no later than 12:00 Wednesday 6 November 2019 at the office of: Manda Bakkes Architects Unit 31, Hyper Motor City, Windhoek

The Commonwealth Lawyers Association (CLA) was founded in 1986 focusing on the lawyers practicing in the Commonwealth countries and it has a strong focus on legal education.

The 2019 conference of the Commonwealth Law Association (CLA) took place on 8 April 2019 in Livingstone, Zambia. The theme of the conference was “The Rule of Law in Retreat? Challenges for the Modern Commonwealth” and, under four major streams, presentations focused on Corporate & Commercial law, Constitutional & Human Rights law, Legal & Judicial Profession and Contemporary Legal themes.

At the election of Office Bearers and Council for 2019 – 2020 the nomination of Stacey Bock, Chairperson of the Law Society of Namibia, was uncontested and she was elected as the representative on the CLA Council representing Southern African (Botswana, Lesotho, Malawi, Mozambique, Namibia, St. Helena, Swaziland, Zimbabwe, Zambia).

The CLA’s Council is responsible for the policies of the CLA and comprises up to 29 voting members including a President, 4 Vice Presidents, Honorary Treasurer, Immediate past President and representatives of the Commonwealth member countries.

Council members are subject to election by the general membership every two years during the Commonwealth Law Conference. Council members meet in person once a year in conference years and via teleconference on a regular basis. All members of the Council are volunteers.



Stacey Bock with Brian Speers of the Law Society of Northern Ireland (newly elected President of the CLA) and Santhaan Krishnan (the outgoing President of the CLA).

The Free Legal Advice Days form part of the Law Society's objectives to make legal services more accessible to those members of the public who cannot afford legal services. It also provides an opportunity to skilled professionals to give back to their communities.

Since its inception in 2014, the Office of the Ombudsman has been instrumental in the success of the FLAD by supporting this project and assisting the LSN with the venues and advertising the event in the regions.

The Windhoek FLAD took place on Thursday, 19 September 2019 at the UN Plaza Community Hall, Soweto, Katutura, in a revised format. It was held after office hours (from 17h00 – 20h30). The following topics were addressed in the form of panel discussions, where after time was allowed for questions:

• Wills & Estates (presented by J Nghishitende - Office of the Master of the High Court)
• Labour (presented by K Sihlahla - Office of the Labour Commissioner)
• Mal-administration (presented by Ombudsman J Walters – Ombudsman: Namibia)
• Children’s rights (presented by I Husselmann – Office of the Ombudsman)
• Domestic Violence and Divorce & maintenance (presented by A-D Hans-Kaumbi – Ueitele & Hans Inc)

The revised format better catered for those members of the public who are employed and cannot necessarily afford the time-off during work hours to attend and long waiting periods for individual consultations, were avoided.

The Honourable Madam Rachel Jacob, Chairperson of Khomas Regional Council, officially opened the event and LSN Council member, Mr Etuna Josua, delivered the welcoming remarks. LSN Senior Legal Officer, Hendrik Mauyoma, officiated the event.

On this occasion eighty-one (81) members of the public benefited from the FLAD and various legal practitioners were also in attendance.

The next FLAD for 2019 is planned for Thursday, 24 October 2019 in Tsumeb.

The Chairperson, Council and Directorate of the Law Society of Namibia sincerely thank all involved for their participation and support in making the Free Legal Advice Day project a success.



Hon R Jacob (Chairperson of Khomas Regional Council) – opened the event.



Adv J Walters (Ombudsman) presenting on the topic – Maladministration.

The LSN intends to appoint Consultant(s) from Windhoek, Walvis Bay, Swakopmund, Mariental, Oshakati, Ondangwa, Otjiwarongo, Tsumeb to conduct trust account compliance inspections / audits at law firms who are participating in the RASS / Risk & Compliance programme of the Law Society of Namibia.

The Law Society of Namibia (LSN) is a self-regulating body. It was created in terms of the Legal Practitioners’ Act (1995), which serves the profession and the public, by promoting justice, protecting the independence of the judiciary and upholding the Rule of Law. The Legal Practitioners’ Fidelity Fund is regulated by the Legal Practitioners’ Act, Act 15 of 1995.

The protection of trust monies held by practitioners in private practice forms an integral part of the protection of the integrity of the legal profession. The Law Society plays a pivotal role in protecting such public funds by assisting firms in complying with the rules and regulations regarding the keeping of trust monies, by providing services to address risk management and by conducting regular inspections to ensure that firms do comply.

The Law Society of Namibia seeks to appoint a Consultant for a limited period to, inter alia, assist in:

• finalising closing down, outstanding and pending trust account compliance audits / inspections in terms of adopted standards and methodologies and strict timelines;
•  preparing written inspection reports on potential and imminent risks, lack of internal controls and procedures at the firms and non compliance with the Legal Practitioners Act (15 of 1995), the Rules of the Law Society and any other legislation that impacts on the legal profession, i.e. Financial Intelligence Act, Competition legislation and the Usury Act;
• discussing the reports with the legal practitioners and obtain their written explanations on non-compliance / qualifications;
• ensuring submission of the abovementioned detailed inspection reports and responses, in respect of audits / reviews / inspections, to the Law Society Director and Council;
• processing audit refunds.
• assisting with Curator Bonis Agent functions, if necessary.

Requirements:

The Consultant must:

• Have a B.Comm (Accounting) / B.Comm (Law) degree or equivalent qualification with a minimum of 5-years bookkeeping, auditing and compliance management experience.
• Be fully computer literate – (with specific knowledge of Legal Suite / other law bookkeeping programmes / Pastel).
• Have a valid driver's license.
• Be a Namibian citizen.
• Have own vehicle / laptop / other necessary resources.
• Be available for the period 15 May 2019 to 30 June 2019.

Interested individuals should address their application and CV to:

The Director
The Law Society of Namibia
1st Floor, Namlex Chambers
333 Independence Avenue Windhoek
This email address is being protected from spambots. You need JavaScript enabled to view it.

The application should specifically state the applicant’s hourly and daily rates.

Only suitably qualified applicants will be considered for shortlisting.

Closing Date: Friday, 10 May 2019

The Honourable Justice David Smuts of the Supreme Court of Namibia will release, on 30 August 2019, his new book on the life and work of an attorney in the 1980’s in the then South West Africa.

The book is published by South African publishing house, Tafelberg under the title “Death, Detention and Disappearance: A lawyer’s battle to hold power to account in 1980’s Namibia” and will be featured at the Open Book Festival in Cape Town in September 2019.

Earlier this year, Justice Smuts was elected to the American Academy of Arts and Science in recognition of his professional contribution to legal practice in Namibia during his active career of close to 40 years.

The American Academy of Arts and Science was founded in 1780 with the mission to honour leaders from various fields who address issues of importance to the world. It also aims “to cultivate every art and science which may tend to advance the interest, honour, dignity, and happiness of a free, independent, and virtuous people.”

The Academy not only recognises and celebrates its members and their excellence, but it also serves as a research centre convening leaders from across disciplines, professions, and perspectives to address significant challenges.

It is therefore with profound honour and great respect that the Law Society of Namibia sends its warmest congratulations to Justice Smuts for his election as a member of the American Academy of Arts and Science. This is indeed a remarkable and noteworthy achievement, not only for Justice Smuts, but for the Namibian legal system as a whole.

Later this year in October, Justice Smuts will present a public lecture at Sanborn House at the University of Dartmouth in New Hampshire, United States, upon a joint invitation by the university’s English and Governance Departments.

Justice Smuts was the founding director of the Legal Assistance Centre, established to provide legal representation to political leaders before Independence. His continuous struggle as a lawyer to protect human rights in general, and the rights of opponents of the South African occupation, in particular, forms the fabric of the narrative that he captures in his new book.

Mr David Smuts was appointed as Judge of the High Court of Namibia on 1 February 2011 and as Judge of the Supreme Court on 1 January 2015.

The Law Society of Namibia (LSN) is a self-regulating body created in terms of the Legal Practitioners Act (1995), which serves the profession and the public by promoting justice, protecting the independence of the judiciary and upholding the Rule of Law.

The Law Society of Namibia also represents the interest of its members who all took an oath to uphold the Namibian Constitution, which protects the Rule of Law and Human Rights.

It is tasked with maintaining and enhancing the standards of conduct and integrity of all members of the legal profession; encouraging and promoting efficiency and responsibility in the legal profession; defining and enforcing correct and uniform practice and maintaining discipline among members of the legal profession.

The Law Society of Namibia plays a pivotal role in protecting monies entrusted to legal practitioners in private practice by members of the public and it further ensures compliance with the rules and regulations regarding trust monies.

The Law Society of Namibia, an equal opportunity employer, is in search of suitably qualified individuals to fill the following vacancies:


Reporting to the Director, as well as the Council of the LSN, the position of Manager Professional Affairs is responsible, inter alia, for:

• The primary management of internal and external relationships in various segments, corporate governance and supporting the strategic and operational objectives of the LSN.
• Ensuring the efficient delivery of administrative and secretarial support to the LSN Council, President and various Committees.
• Ensuring that well researched recommendations be made available to Council and/or committees and/or to stakeholders.
• Arranging, implementing and managing Continuing Professional Development (CPD), Free Legal Advice Days and other public legal education initiatives and programmes.
• Administering and facilitating complaints against legal practitioners.
• Responsible for the day-to-day administration of the Professional Affairs Unit.
• Assisting with ongoing statutory compliance and risk management.
• Ensuring compliance with the Legal Practitioners Act, Act 15 of 1995 and the Rules of the Law Society of Namibia.
• Ensuring compliance with the strategic vision and mission of the LSN and with corporate governance principles.
• Ensuring the implementation of the policies.
• Adhering to the ‘Objects and Powers’ of the LSN.
• Building relationships on national and regional level. 

Reporting to the Director, as well as the Council of the LSN, the position of Manager: Finance is responsible, inter alia, to / for:

• Ensure and oversee the proper bookkeeping and financial management of the LSN.
• Manage the LSN’s payroll functions.
• Preparation of monthly financial statements.
• Preparation and management of the annual budget.
• Liaise with the auditors and preparation of the yearly audit.
• Preparation and management of projected cash flow statements.
• Ensure best practice and good corporate governance.
• Risk management.
• Manage the operational financial objectives of the LSN.
• Develop strategies and long-term goals.
• Develop external relationships with the banks, Receiver of Inland Revenue, the Legal Practitioners’ Fidelity Fund and other statutory organisations.
• Issue membership accounts and collection of fees due to the LSN.
• Ensure statutory and policy compliance.

Requirements for positions:

• The Manager: Professional Affairs must be an admitted Legal Practitioner of the High Court of Namibia, with a minimum of 7-years post admission experience.  Private practice experience for this position would be a strong advantage.
• The Manager: Finance must have a B Comm Accounting degree (or equivalent recognized degree) with at least 7-years’ experience in management, administrative operational systems, financial procedures and payroll.
• Namibian citizens.
• Drivers licence.
• Fully computer literate.
• Excellent organisation and planning skills, with strong attention to detail.
• Knowledge of Protocols, Policies and Procedures including Parliament decisions and processes would be a distinct advantage.
• Knowledge of legislation, regulations, Acts, agreements, policies, associated schedules and procedures relating to the legal profession in Namibia, common sense and common knowledge of the law.
• Able to adhere and meet deadlines.
• Ability to handle multiple tasks independently.
• Proven ability of excellent communication (oral and written), report-writing and minute-writing skills.
• Have a complete and comprehensive work knowledge of the Legal Practitioners Act (and its amendments), the Rules of the LSN and applicable legislation.
• Excellent interactive and interpersonal relationship skills.
• Sound facilitation, planning and time management skills.

The position applied for must be clearly stated and the application should be addressed to:

The Director
The Law Society of Namibia
1st Floor, Namlex Chambers
333 Independence Avenue
Windhoek

Please Note:

Only suitably qualified applicants will be considered for shortlisting.
No documents will be kept or returned.
All applications will be dealt with in confidence.
The LSN reserves the right to confirm and verify all information submitted.
The LSN reserves the right not to make an appointment.
 
Closing Date: Tuesday, 19 February 2019