DRAFT DOCUMENT
CODE OF CONDUCT FOR BLACK LAWYERS ASSOCIATION (“BLA”)
PURPOSE
The purpose of this code of conduct is inter alia to regulate and harmonise the
manner in which esteemed members of BLA relate with one another as well as
the broader leadership, giving effect to upholding the highest standards that our
noble profession inherently anticipate of us.
The above is intended to be achieved inter meetings, during elections including
the general professional manner in which members of the organization are
expected carry themselves.
The document further sets out a policy on deployment of candidates by BLA to
any as well as ancillary positions relating to the organization.
To serve as a mechanism to ensure that members adhere to BLA’s core values,
vision, mission and principles.
I INTRODUCTION
This document comprises the Code of Conduct for BLA
1
Vision
To uphold, protect the rights and interests of lawyers
Mission
The organization is dedicated to the improvement of the legal profession and is
committed to the effective management and development of human potential
in accordance with its values and to the promotion of an egalitarian and
equitable social order.
Values
To promoted social justice and professionalism,
To check, monitor and challenge any government excesses which threaten the
independence and general well-being of the Legal profession,
Be and remain non- sectarian politically,
Actively participate in its programmes to create a non-racial, non-sexist judicial
system and society,
Be the national and international voice of its members,
Strive for the empowerment of women and your practitioners strives for the
empowerment of Law students and,
Strive for the empowerment of disadvantaged communities
2
Principles
Honesty
Integrity
Confidentiality
Respect
Openness
Public confidence
Accountability


II
To provide a framework for identifying conduct that is ethical and
acceptable for the BLA members.
To create the context for the ethical use of authority ;
SCOPE OF THIS CODE
This Code of Conduct is applicable and binding to all BLA members including
members of the student chapter (where applicable).
-
III.
all members of BLA shall be faithful and loyal to the organization
CODE OF CONDUCT
Good standing
Member in good standing includes, but not limited to:
Up to date with annual payment of subscription
Reasonable attendance of both National provincial meetings as well as Co
3
Honours and abides by the BLA Constitution
Executes BLA tasks as required
Upholds the interests of BLA as and whenever BLA is represented.
1. LEADERSHIP
BLA members are required to adhere to leadership protocol, following the
structural spheres of leadership.
BLA members in lower structures must recognize the higher structures.
Whenever the provincial and national leadership are in attendance of any
activity, and a provincial or ordinary member addresses must give recognition to
the National leadership.
All spheres of leadership are required to treat each other with respect in order to
uphold public confidence and enhance good relations amongst each other.
Leaders should not engage in action/transaction that is in conflict with or infringes
on the execution of his mandate (conflict of interest). A member must recuse
himself and not be part of the decision making process.
2. GOOD NAME
BLA members are to uphold the good name of the organization
BLA members are to act with integrity.
BLA members are to treat each other with respect: whenever members differ or
criticize each other it must be done from an informed and constructive
background.
BLA members including the student chapters are required not to bring the
organization to disrepute.
4
3. DEPLOYMENT
Nomination for deployment for consideration at any position and alternates
that concern the representation or goodwill of BLA, shall be done by members
at branch level.
At any stage of such nominations, the branch shall also be expected to also
submit the names of alternate members where applicable, to curb non
attendance on the part of the main deployee when such main deployee is
unable to attend
Such nominated names shall be communicated to the NWC through the
respective branch chairpersons
Both NWC and NEC at any joint sitting or an ad hoc basis (as the case might
be and having regard to urgency as well as geographic representation) shall
consider such nominated candidates and consider for approval only such
names as brought forward by respective branches.
Any such successful candidate and any deployee recommended to represent
BLA and or to be nominated or deployed to represent BLA any level shall be
expected to and must:



Report to membership on every issue arising from his/her deployment
Attend meetings of BLA (branch and national ) as the case might be
Attend meetings of any such structure at which he/she is or shall be
serving or delegate an alternate (where applicable)
Only general membership through branch or national meetings shall have the
powers to recall such member from any position of deployment if such member
or his/her alternate has failed to perform the above 3 mandatory duties
A member of BLA shall only be legible to be deployed to a MAXIMUM of TWO
positions for any deployment (this to include any form of deployment)
Members deployed shall refrain from favouring friends
5
4. MEETINGS
During the meetings of BLA, members shall engage the issues in a robust yet polite,
helpful, reasonably and treating other members with
Where members differ, members must respect the dignity of other members
5. ELECTIONS
This document contains an “Electoral Code of Conduct” aimed at promoting
conditions that are conducive to free and fair elections and that create a climate
of tolerance, free campaigning and open public debate ( aligns with the
Electoral Act 1998, Schedule 2, “Code 1998”)
Branch/membership candidate lists submitted for National /Branch elections
must be accompanied by undertaking binding the branch/member, its agents
to adhere to the provisions of the Code and failure to do so creates the risk of
candidates being disqualified Electoral Act 1998, 27(2)(a)
Promotion of the Electoral Code:
Branches/ and candidates bound by the Code are expected to promote the
goal of the Code,
publicise the Code during campaigning and to promote
and support efforts to educate voters /members. The following are the values
underpinning the electoral code:




Canvass for support without disrespect
In form branch of interest ( declare interest)
National branch do not seek approval , but courtesy
If more than one member ia available for the position ,
6
Conduct in Canvassing.
all candidates shall promote the unity and well-being of the organization
 No financial gain for any member who is canvassing for him/herself, or on
behalf of a member.
 Members are allowed to announce their interest to stand to other branches
and whilst doing so should not advance any personal favours in any form
including but not limited to financial gains
 When a member who is standing or those (members) that are canvasing
on behalf of another member, and in so doing obtain proxies, such
member(s) should do so in a manner that is acceptable and in line with the
spirit of the legal profession as well as the relevant provision(s) of BLA
constitution.
Prohibited Conduct
Members and candidates are not permitted to:






Speak or act in a way that incites violence or intimidation,
Publish false or defamatory allegations,
Behave or speak in an untoward manner during the election
proceedings i.e. banging tables, imminent violence etc.)
any dissatisfied member must use the appropriate channels to air his
grievances and not to use the media
No person shall be permitted to:
Use inducements or rewards to get a person to vote, or not to vote or
not to vote in any particular way or to refuse a nomination as a
candidate or withdraw as a candidate,
Abuse a position of power, privilege or influence, any form of
authority to influence the conduct of an election.
7
Role of the Electoral Agent/Body
Such Body shall at all times be:


Independent;
100% Black owned and
In respect of the body or agent conducting elections members and candidates
are expected to:








Acknowledge the authority of the agent/body in conducting elections, by
Members through NWC in consultation with NEC
Assure voters of the impartiality of the agent/body,
Execute lawful instruction of the agent , the chief electoral officer and the
members of the agent,
Maintain effective lines of communication with the agent,
Facilitate access to the election proceedings,
Co-operate with agent’s investigations ( in the event of any),
Ensure that the members of the agent are safe and not subjected to insults,
hazards or threats,
Enforcement of the Code
Contravention of the Code by those bound by it is subject to disciplinary
procedures and a person found guilty by the disciplinary enquiry is liable to
one of more of the following sanctions (as determined by NEC through a
disciplinary process from time to time)







Formal warning to a member,
Suspension from BLA,
Expulsion from BLA(after formal process are followed as per Constitution),
Imposition of fine,
Exclude access to voting stations/venue for election proceedings,
Reduce the number of votes cast in favour of a person,
Disqualify candidates, etc
8
The Electoral agent is empowered to attempt conciliation as a method of
resolving disputes and complaints.
EXECUTION
BLA members including members of the student chapter are to loyally execute all
the BLA policiesCo- operates fully with other members to advance the interests of
BLA
Executes all functions officially assigned and adhere to principles of
accountability and reporting.
MISCONDUCT
Every member who becomes aware of any act of misconduct by another
member has a duty to report such misconduct to sphere of leadership same shall
be done in accordance with the .
BREACH
Any member found to have breached the code will be subject to disciplinary
process.
NEC shall on an ad hoc basis appoint a disciplinary committee to handle any
case of breach
Disciplinary action is not appropriate for every infringement. Whether disciplinary
action is appropriate, and the degree to be imposed, is determined through a
reasonable application of the terms of the code and depends on such factors as
the seriousness of the violation, the intent of the member, whether there is a
pattern of improper activity, and the effect in carrying the mandate of BLA.
9
10