### Law as a “donkey”: reflections on the challenges of justice and professional integrity
Within the framework of an analysis full of nuance and rigor, the affirmation of Charles Dickens according to which the law can sometimes resemble a “donkey” serves as a starting point to reflect on the justice and the integrity of law practitioners. This concept, from the work “Oliver Twist”, evokes a criticism of legal systems which lack compassion and equity, especially towards the most vulnerable in society. At the heart of this reflection, it is relevant to question how the decision -making of the Council of Legal Practices concerning DALI MPOFU, superior advisor, of possible unfiters or violations of his code of conduct, is part of this framework.
** The dilemma of legal rigidity **
Dickens, in his portrait of the legal world, underlines the risks of a rigid application of the law which can lead to injustice. At the time he wrote, reality was marked by squalor and inequality, conditions that continue to affect our modern understanding of the law. This rigidity represents a major danger, especially when it results in systemic inequality in the treatment of individuals.
The notion of “suitable person” in the South African context is essential. It not only determines the admission of practitioners to the bar, but also the perception of the integrity of the legal profession as a whole. A lawyer must meet not only criteria of technical competence, but also character, integrity and respect for the rights of others. Thus, all must be seen as equal before the law, a principle whose deviation could promote abuse.
** Question of political reforms and constitutional values **
The example of the Umkhonto Wesizwe (MK) party, which spoke of the possibility of returning to a framework of parliamentary sovereignty similar to that of apartheid, raises important questions about the future of constitutional values in South Africa. Such an approach could actually reduce the capacity of judges to challenge the legality of the laws adopted by Parliament, which would contradict the principle of constitutional supremacy, a fundamental pillar of the post-Apartheid country.
The proposal for a return to a system where parliament would exercise an absolute supremacy without judicial control could open the way to state abuses and relegate the rights of minorities to secondary considerations. The memory of the legal injustices of the past remains present in the collective conscience and recalls the importance of the legal protections offered by the Constitution.
** The importance of law actors as defenders of democratic values **
It is crucial that lawyers and other actors in law position themselves as defenders of justice, not only for compliance with laws, but also for the proactive improvement of legal systems. The vigilance of law professionals in the face of potential excesses is necessary to ensure that the ideals of justice and equity remain at the heart of legal practices.
By examining these issues, we are invited to contemplate the consequences that may arise from inertia in the face of potential civil rights regressions and access to justice. A collective awareness must make it possible to fight the inequalities that persist in the application of the law, while encouraging reforms which promote a more equitable and just approach.
** Conclusion: What future for law and its practitioners? **
The question of whether the law is a “donkey” is not limited to a simple criticism, but it pushes us to think deeply on our justice system. The implications of this reflection are vast. As society evolves, it remains essential that law practitioners remain in fact of the needs of social justice and undertake to act with integrity. They must not only be agents of the law, but also champions of human rights and equity.
Thus, by becoming aware of the challenges we face, it is possible to work together towards a legal system which not only respects the laws, but which remains deeply aligned with the principles of dignity, justice and equality for all. The path to follow requires cooperation between civil society, law practitioners and institutions, in order to erect justice truly accessory and essential to everyone.