By Hassan Gama Oscas
In the theatrical circus that is South Sudan’s legal profession, the election of a new, democratically chosen body to lead the South Sudan Bar Association (SSBA) on May 29, 2024, is akin to a grand opening night.
The newly elected SSBA leadership now faces the daunting task of sorting out the mess of fake lawyers, dubious degrees, and fraudulent advocates masquerading as legal professionals. This comically tragic scenario, replete with former police officers from Sudan and degrees bought on the Nasa streets of Kampala, Uganda, requires immediate and decisive action. The SSBA must prioritize screening all local and foreign degrees of enrolled advocates to weed out the charlatans who are destroying the legal profession.
The Bizarre World of Fake Lawyers
Imagine walking into a courtroom, expecting to see a Perry Mason or a Matlock, only to find a character straight out of a comedy sketch. These are the “lawyers” who have infiltrated South Sudan’s legal profession. Their qualifications? A mixture of wishful thinking, some creative storytelling, and, in many cases, degrees that are as real as unicorns. These “advocates” come from all walks of life, including former police officers from Sudan who decided that the law was a more lucrative career than chasing criminals. Little did they know, their biggest crime would be against the legal profession itself.
The Case of the Phantom Prosecutor
Take, for instance, the riveting tale of a former public prosecutor from Kapoeta South County. This individual, whose story reads like a crime novel, was convicted and imprisoned for shooting his own government-issued car, claiming he was robbed of 30,000 SSP, which he had withdrawn from the bank. As a journalist at that time, I had the dubious honor of participating in the investigation and subsequent conviction of this so-called prosecutor. The Ministry of Justice dismissed him, yet he vanished only to reappear later with new ranks, now masquerading as an advocate in courts. This is not just a story; it’s a comedy of errors that underscores the urgent need for credential screening.
The Epidemic of Fake Degrees
In a world where one can buy anything online, it seems that legal degrees are no exception. The Nasa streets of Kampala, Uganda, have become a one-stop shop for all your fraudulent credential needs. The proliferation of fake degrees from unrecognized institutions and dodgy online universities has turned the legal profession into a farce. It’s like watching a reality TV show where contestants with no qualifications compete to become the next top lawyer. The SSBA must step in and end this absurdity.
The Impact on Clients and the Legal Profession
The presence of these unqualified individuals is not just a laughing matter; it has serious repercussions. Clients, often unaware of their lawyer’s dubious qualifications, are misled, misguided, and ultimately let down. These fake lawyers charge fees that make McDonald’s look expensive, undercutting legitimate lawyers and creating an environment where professionalism is a distant memory. The result is a legal industry that appears weak and disorganized, a caricature of what it should be.
The Role of the Newly Elected SSBA
The newly elected leadership of the SSBA has a Herculean task ahead. They must navigate the murky waters of fake degrees, unqualified practitioners, and a public that has lost faith in the legal system. The solution? A robust, no-nonsense approach to credential screening.
Formation of a Special Committee
First and foremost, the SSBA should form a special committee dedicated to conducting thorough screenings of all academic degrees during the renewal of each advocate’s license. This committee would be the Sherlock Holmes of the legal world, meticulously examining every detail and leaving no stone unturned. Their mission: to ensure that only those with genuine qualifications are allowed to practice.
Addressing the Crisis Justifications
One of the challenges the SSBA will face is the defense put forth by some individuals claiming to have lost their credentials during the 2013 or 2016 crises. While some of these claims may be legitimate, others are as believable as a fairy tale. The SSBA must implement a process for verifying these claims, asking for alternative proof and conducting investigations to ensure that only genuine cases are considered.
Verifying Claims and Using Technology
The SSBA can employ modern technology, such as blockchain, to create a secure and tamper-proof system for storing and verifying academic credentials. By partnering with reputable universities and leveraging third-party verification services, the SSBA can effectively identify and weed out individuals with fake degrees. This technological approach will not only streamline the process but also provide a foolproof method of ensuring authenticity.
Increasing Transparency and Accountability
Transparency and accountability should be at the forefront of the SSBA’s reform agenda. Regular reports on credential screening activities and disciplinary actions against unqualified individuals should be published. This will not only keep the public informed but also deter potential fraudsters from attempting to enter the profession.
Engaging Stakeholders
Engaging with key stakeholders, including legal educators, professional associations, and government agencies, is crucial. Building consensus and support for the reform agenda will ensure a united front in tackling this issue. The SSBA must work collaboratively with these stakeholders to develop and implement effective solutions.
The Hilarious Reality of Briefcase Lawyers
In the comedic landscape of South Sudan’s legal profession, we also find the infamous “briefcase lawyers.” These are the individuals who carry all their “legal expertise” in a briefcase, ready to provide services for a fee that barely covers their daily lunch. They are the street vendors of the legal world, offering quick fixes and dubious advice. Their existence further highlights the need for stringent credential screening and professional regulation.
The Dark Side of Legal Practice
Beyond the comedy lies a darker reality. The infiltration of unqualified individuals has eroded public trust and confidence in the legal system. Clients who have had negative experiences with these imposters are left disillusioned and distrustful of the entire profession. This erosion of trust has far-reaching consequences, undermining the very foundation of the legal system.
The Importance of Ethical Conduct
Qualified lawyers are bound by codes of ethics and professional standards that govern their behavior and practice. Unqualified individuals are not held to these same standards, leading to unethical and unprofessional conduct. By implementing credential screening, the SSBA can ensure that all practicing lawyers adhere to the profession’s ethical standards, restoring integrity and professionalism to the legal industry.
The Path Forward: Comprehensive Reform
To effectively address the challenges facing the legal profession, the newly elected leadership of the SSBA must implement a comprehensive reform agenda that prioritizes credential screening. This agenda should include:
- Strengthening Regulatory Frameworks: Reviewing and strengthening existing regulatory frameworks to ensure they are robust and effective.
- Enhancing Professional Standards: Implementing measures to enhance professional standards and ethical conduct, including mandatory continuing legal education and ethics training.
- Increasing Transparency and Accountability: Promoting transparency and accountability within the SSBA through regular reports and public disclosures.
- Engaging Stakeholders: Building consensus and support for the reform agenda by engaging with key stakeholders.
Conclusion: A Call to Action
The election of a new leadership for the SSBA is a golden opportunity to address the farcical state of South Sudan’s legal profession. By prioritizing credential screening, the SSBA can weed out fake lawyers, restore professionalism, and rebuild public trust. It is a task that requires determination, transparency, and a commitment to ethical conduct. The journey may be fraught with challenges, but the destination – a credible, professional, and trustworthy legal system – is well worth the effort.
So, here’s to the newly elected SSBA leadership: may you tackle this monumental task with the seriousness it deserves and the sense of humor it undoubtedly requires. Let the grand show begin, and may the curtain rise on a new era of professionalism and integrity in South Sudan’s legal profession.
Disclaimer: The views expressed in this opinion are those of the writer, Gama Hassan Oscas, an advocate. For inquiries, you can reach him at oscarsgama@gmail.com.