The statutory council will no doubt be perceived as a state-controlled regulatory body which can only have a demoralising effect on the profession. The legal profession is at present self-regulatory under the ultimate supervision of the high court. Attorneys are obliged by statute to be members of the various provincial law societies. There are a number of practising advocates who do not belong to a professional organisation. The rationale behind the bill is that there is a lack of unity within the profession.
Attorneys are only members of the law societies because it is the law.
On the other hand, membership of the GCB and its constituent associations is not obligatory. The argument advanced by the policy unit is that self-regulation cannot work when the profession is so divided. The main objectives of the council are to protect the public interest by regulating the legal profession, and to promote and represent the interests of legal practitioners. It is likely that the former will prevail as the council's main function. The LSSA is an independent body with its own constitution.