Government departments will no longer be allowed to seek
legal advice from private practice without approval from the Attorney-General
(AG), who is their principal legal adviser in terms of the Constitution,
legislators heard yesterday.
All legal advisers working for different ministries and
departments will soon fall under the supervision of the AG’s Office in line
with the mandate conferred to him by the supreme law as the principal
Government legal adviser.
This was said by Justice, Legal and Parliamentary Affairs
Minister Ziyambi Ziyambi, during debate on the AG’s Office Amendment Bill in
the National Assembly.
Clause Seven of the Bill reads as follows: “No ministry or
department of the Government shall engage the services of a person under an
employment contract to render any legal services relating to the functions of
the Attorney-General’s Office without the approval of the Attorney-General.”
The Bill also provides that legal advice from the AG’s
Office was binding to a Government ministry or department and should that arm
of Government gets advice which is contrary to that given by the AG, the
opinion of the latter will prevail.
Minister Ziyambi said there had been a tendency by several
Government ministries to engage private lawyers either to represent them in
court or get legal advice.
Such practice was not in conformity with a Constitutional
provision that conferred the AG as the chief legal adviser of Government.
Some legislators had also indicated that ministries or
Government departments should be allowed to seek a second opinion should they
disagree with the advice from the AG’s Office.
“We are trying to harmonise all legal advisers so that they
fall under the AG. The principal duty of the AG is to give legal advice to
Government.” Herald
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