Worldwide Review of the Legal Profession Competition and Regulatory Developments in Africa 1

2 Outline 1. The context 2. The profession: growth spurts 3. Regulation Issues 4. Representation (Trade Union and Public Interest Issues) 5. Regionalization 6. Challenges and Opportunities

3 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

4 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”

5 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)

6 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 7

Challenges and Opportunities  Financial stability and sustainability (low membership base, low subscriptions)  May also lead to poor staff/ skills retention rate Could 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 8