“Bring honour back to the legal profession” - Madlanga
- Wits University
Justice Mbuyiseli Madlanga appeals to legal practitioners to act ethically and honourably at the launch of Legal Ethics in South Africa at Wits.
The launch conversation centred on the search for truth, the profession’s integrity deficit, the claims of conscience, and legal ethics as a vital safeguard of democracy – themes that frame Legal Ethics in South Africa, a book examining the role of ethics in the legal profession.
Co-hosted by the Wits School of Law and Rhodes University on 18 June, the event brought together members of the judiciary, legal practitioners, academics and students to reflect on the place of ethics, accountability and professional responsibility in a changing legal landscape.
The discussion provided a timely reminder that the strength of South Africa's constitutional democracy depends not only on laws and institutions but also on the integrity of those entrusted to uphold them.
Prof. Garth Stevens, Deputy Vice-Chancellor: People Development and Culture of Wits University, welcomed guests and set the tone for the evening: "We gather tonight in a relatively young constitutional democracy that has achieved much, yet continues to require our constant vigilance, care and protection. The survival of our constitutional order cannot be secured by laws, institutions or even our Constitution alone. Its strength depends on people: those who govern, and equally those who question, scrutinise and demand accountability from those entrusted with power.”
He added: “Democracy flourishes precisely when citizens participate actively, when institutions remain robust, and when society values truth, transparency and ethical leadership. It requires a collective commitment to accountability that rests with academics, journalists, public servants and oversight bodies, including those who have spent their careers ensuring that government remains accountable to the people that it serves.” Read his full address.
The publication of Legal Ethics in South Africa, edited by Professor Helen Kruuse of Rhodes University, is the first major South African textbook dedicated solely to legal ethics in over 40 years. The book examines ethical questions facing lawyers, judges, academics and legal professionals working both inside and outside private practice.
“Lawyers operate within a social contract,” said Kruuse. “We are granted significant privileges, including a monopoly over legal services, and in return, society is entitled to expect integrity of the highest order... We are problem solvers operating in difficult spaces. But when we enable injustice rather than resist it, we place ourselves on the wrong side of history.” Read the full address.
Delivering the keynote address, retired Constitutional Court Justice Mbuyiseli Madlanga reflected on the critical role that ethics plays in maintaining public trust in the legal profession and protecting the rule of law. He acknowledged that lawyers often face public scepticism and argued that restoring confidence in the profession requires a renewed commitment to ethical conduct.
"Legal ethics is not merely about compliance. It is about understanding, judgement, and moral courage," he said. "It is us lawyers that have brought a bad name to the profession. It can only be us who can and must bring back the good name that I truly believe the legal profession deserves."
Drawing on examples from his own legal career, Madlanga stressed that lawyers have a responsibility not only to serve their clients, but also to uphold the integrity of the justice system. He warned against conduct that seeks to mislead courts or manipulate legal processes, emphasising that practitioners are officers of the court first and foremost.
“Let us not hide behind a sense of impunity with which comes a misguided belief that you will never be caught. Being caught or not being caught is not the issue. The issue is to act ethically and honourably. That is not too onerous an ask,” he added.
Madlanga further argued that ethical legal practice is inseparable from South Africa's constitutional project: "Legal practitioners can only properly and meaningfully play their role in the advancement of the rule of law if they conduct themselves honourably and in strict adherence to their rules of ethics." Read his full address.
During a panel discussion, contributors explored different dimensions of legal ethics covered in the book.
Wits Professor Jonathan Klaaren shared a sociological perspective of the profession, stressing that ethics are fundamental to professional identity. He drew on the book to argue that “the most appealing promise of professionalism is to reconcile individual creativity and public service, personal ambition and social responsibility," He then spoke to the chapters on legal history, exclusion in the legal profession, and case studies on unethical practice.
Deputy Judge President Roland Sutherland emphasised the need for stronger ethical leadership within the profession, particularly at a time when South Africa faces what he described as an ‘integrity deficit’. “Our country is afflicted by an integrity deficit. And it affects everyone from the top to the bottom lamentably, and it also affects the practice of law,” he said.
He expounded on what it means to be a fit and proper person: “One of the first acknowledgements a proper lawyer needs to make about him or herself is that you're about to navigate, for the rest of your practice, the rest of your career. In a terrain of moral uncertainty and of moral challenge. If you don't really get that, it's difficult to know how you will achieve the aim of being an effective lawyer, helping people in distress, upholding the rule of law, and generally improving society for everyone. So, lawyers need to be equipped in order to be proper lawyers.”
He touched on three contemporary problems discussed in the book – Stalingrad tactics (the capacity to emasculate the courts), cross examination in rape cases, and the use of AI especially with regard to the leaking of private information.
Karabo Ozah, Director of the Centre for Child Law at the University of Pretoria, discussed the ethical challenges associated with specialised forms of legal practice, including children's rights litigation and public interest law.
"There has never been anything really written substantively around the ethical duties of those who represent children," she said, highlighting the book's contribution to an underdeveloped area of legal scholarship.
Closing the event, Wits academic and Associate Professor Michele van Eck, author of chapters 9 and 15, reflected on the broader significance of the project and the future of legal ethics scholarship in South Africa. She pointed to upcoming initiatives aimed at building a sustained scholarly community around questions of ethics, professionalism and constitutional accountability. She summarised the book as follows: “It is the way we keep the profession and the individuals answerable to the people they serve.”
Kruuse and Van Eck acknowledged the other contributors to the book including Stephan van der Merwe, Cora van der Merwe, Franciscus Crouse, Chris McConnachie, Fortunate Mongwai and Rosaan Kruger.
The event was also attended by the Wits Chancellor, Dr Judy Dlamini, the Wits Chairperson and former Auditor General Mr Terence Nombembe, the Dean of the Faculty of Commerce Law and Management, Prof. Jason Cohen, and the Acting Head of the School of Law, Prof. Tracy Gutuza.
The book is published by LexisNexis and can be purchased here: Legal Ethics in South Africa