WHAT IS THE OFFICE OF THE LEGAL SERVICES OMBUD?

The Office of the Legal Services Ombud (“OLSO”) is an organisation established in terms of Section 45 of the Legal Practice Act, 2014 (Act 28 of 2014).

The Legal Services Ombud (“Ombud”) is appointed by the President of the Republic of SA in terms of Section 47 of the Legal Practice Act, 2014 (Act 28 of 2014).

The President appoints a retired judge to be the Ombud. The Ombud is appointed for a term of 7 years renewable for another 7 years. Judge Siraj Desai has been appointed as the first Ombud in December 2020.

The OLSO became officially operational on the 15th of June 2022. The OLSO is an independent and impartial body subject only to the Constitution and the law.

 

WHAT DOES OLSO DO?

It is an oversight body mandated to advance and safeguard the independence and integrity of the legal profession.

The OLSO deals with complaints against legal practitioners and the Legal Practice Council (“LPC”) which falls within its mandate.

 

WHAT IS THE MANDATE OF THE OLSO?

• Protect and promote public interests when receiving legal services from legal practitioners;
• Make sure investigation of complaints against legal practitioners are done fairly, efficiently and effectively;
• Promote high standards within the legal profession; and
• Promote the independence of the legal profession.

 

WHAT IS THE RELATIONSHIP BETWEEN THE OLSO AND THE LPC?

The LPC is established in terms of Section 4 of the Legal Practice Act, 2014 (Act 28 of 2014. Each province within the Republic has a provincial council.

The LPC is the administrative and regulatory body of all legal practitioners. The OLSO is an oversight body for the legal profession and is empowered to investigate on own initiative or on receipt of a complaint any alleged:

• Maladministration in the application of the Act;
• Abuse or unjustifiable exercise of power or unfair or other improper conduct, or undue delay in performing a function in terms of the Act;
• Act, omission or ethical breaches which result in unlawful or improper prejudice to any person,

which the Ombud considers may affect the integrity and independence of the legal profession and public perception in respect thereof.

 

WHAT IF I HAVE A COMPLAINT AGAINST A LEGAL PRACTITIONER?

Complaints of alleged professional misconduct against legal practitioners and / or candidate legal practitioners in respect of the rendering of legal services, must first be lodged with the provincial LPC wherein you reside for assistance.

If as a complainant, you are dissatisfied with the conduct of the LPC you MAY approach the OLSO for assistance.

 

WHAT COMPLAINTS DOES OLSO NOT DEAL WITH?

Complaints against:

• Judicial Officers (Magistrates and/or Judges): complaints should be directed to either the Magistrates Commission or the Judicial Services Commission;
• Public Prosecutors complaints should be directed to the National Prosecuting Authority (NPA);
• Health practitioners complaints should be directed to the Health Professions Council or the Office of Health Ombudsman; and
• Law Enforcement Officers (Police Officer and/or Metro Police Officers) complaints should be directed to the Independent Police Investigative Directorate (IPID).

 

WHERE DO I CONTACT THE OLSO?

• Tel: 010 023 5507 / 5509
• Cell: Cape Town Office: 076 235 8908 or Pretoria Office: 076 235 9887
• Address: Spooral Park Building, 2007 Lenchen Avenue South, Centurion, Pretoria
• Email: OLSOenquiries@justice.gov.za
• Postal: P O BOX 1202, Pretoria, 0001

 

DISCLAIMER:
This document does not purport to serve as legal advice. The accuracy of this document can only be verified by the Office of the Legal Services Ombud.
The information contained herein is for information purposes and guidance and not to be considered to be a legal reference. The information contained herein does not replace nor supersede any legislation.
The Office of the Legal Services Ombud does not accept any liability due to any loss, damages, costs and expenses, which may be sustained or incurred directly or indirectly as a result of any error or omission contained in this document.
A reader in doubt regarding any aspect of the information contained herein, is advised to refer to the relevant legislation or to seek a formal opinion from a suitably qualified individual or to call the Office of the Legal Services Ombud. .