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- Popcru expressed concern over the arrest of a lawyer, who was allegedly carrying drugs intended for a client.
- The lawyer was arrested with a stash of mandrax and tik after appearing to be drunk in court, according to police.
- The Law Society of SA warned that such actions would lead to prosecution and being disbarred.
Popcru expressed concern over a report that a 39-year-old lawyer was arrested in Bellville, Cape Town, for allegedly being in possession of drugs intended for a client in custody.
"It is a problem that the same people, who are supposed to uphold the law, are going against it," said Police and Prisons Civil Rights Union (Popcru) spokesperson Richard Mamabolo.
"It is unacceptable," he said.
The union lobbies against the smuggling of drugs to inmates - and for vigilance against officials who help to smuggle it in.
Mamabolo said prison was supposed to be about the rehabilitation of an offender, but the dearth of proper work skills programmes and understaffing leave inmates idle as they deal with the stress of being behind bars. This could lead to drug abuse.
READ | Cape Town lawyer allegedly found in possession of drugs for his client while in court
"They could be growing food, but these things go out to tender," said Mamabolo.
William Booth, chairperson of the Law Society of SA's criminal complaints committee, said that, if the person arrested is indeed a lawyer, he faces criminal prosecution and being disbarred.
"It has happened before," said Booth.
However, he said it is usually very difficult to pass anything to a person in custody, to help relieve the "dismal" conditions they live in, whether it be food, clothing or medication.
"They (authorities) have refused legitimate requests because this has happened," he said.
It is particularly difficult to get permission to hand over medication, with lawyers jumping through hoops to prove that the medication is needed.
"You can't just arrive and hand the medication to your client," he said.
Booth said the pandemic had been very difficult on lawyers too - financially and emotionally.
There is no formal emotional support for lawyers, who deal with traumatic cases, or those whose lives may be in danger because of their work.
Booth himself was shot at in 2020 while in his garage.
READ | Cape Town attorney William Booth shot at in his garage, escapes unharmed
Booth said an additional problem is the shortage of prison psychiatrists to help prisoners deal with addiction or manage mental illness behind bars.
The Legal Practice Council said it had no more information other than news reports about the Bellville incident.
"We are currently also trying to identify the legal practitioner involved. Once we have established his identity, we will initiate an investigation into his conduct," said spokesperson Sthembiso Mnisi.
Mnisi said incidents such as these are considered a criminal matter to be investigated by police.
He said the council's mandate is to regulate the legal profession in the public interest.
"To this end, legal practitioners are not members of the council, but members of the profession that is regulated by the council," said Mnisi.
"The legal profession plays a pivotal role in the administration of justice in our country and, as a council, one of our objectives is to preserve and uphold the independence of the legal profession as well as to enhance and maintain the integrity and status of the legal profession.
He added that there are government departments and NGOs, who offer these services free of charge, which legal practitioners can access.
"...[Though] if we become aware of a distressed candidate legal practitioner (those still in training and not yet earning fees), we would endeavour to assist them through services available [through] government departments."
Lawyers are struck off the roll through a court application by the council.
By Thursday afternoon, there was no news on when the lawyer would appear in court.
