13 October 2009

IFP MP Mario GR Oriani-Ambrosini has been conducting a campaign to reduce the huge cost of legal services and the cost of litigation in South Africa, which have turned justice in civil matters into a privilege for the rich.  One of his multi-faceted proposals to reform the judiciary is the abolition of the split bar, which is an obsolete practice rooted in Medieval traditions maintained only in countries once under British colonization. 

In meeting the Competition Commission as it appeared before the Committee on Trade and Industry Oriani-Ambrosini asked for the insertion of a pungent question in the list, which his Committee has requested the Competition Commission to answer in writing. 

"Why has the Commission not yet outlawed the medieval guild known as the Bar Association which, inter alia, prevents its members from reducing the prices of their services rendered to consumers once an invoice has been issued unless the guild itself agrees to it; which is a per se horizontal restraint of trade; sets uniform pricing for such services; which is a per se horizontal restraint of trade;  prohibits its members from meeting directly with the real consumers of their services without the interposition of a member of the other guild of attorneys; which is a per se vertical restraint of trade; and otherwise restrains the trade and commerce of the service provided to consumers by its members or reduces the competition among its members?" 

It is obvious that these restraints of trade make the cost of legal services much higher for the consumer and among the highest in the world. 

Contact:
Dr Mario Oriani-Ambrosini MP
082 556 0240.