Attorney Fareed Ali believes the Miscellaneous Provisions (Law Enforcement Officers) Bill 2019 is faulty as well as controversial and will make the communication between lawyers and their clients cumbersome.
Further to this he says, detained persons have a right within this country’s Constitution to know the reason for one’s detention and to retain and communicate with one’s attorney as this right is not a conditional one that carries constraints. The discussion between the detained and attorney is privileged information and must never be directly or indirectly controlled by those holding executive office.
Mr Ali says this bill, if passed in its existing form, is indirectly saying to both parties that the communication is limited to fact specific questions and answers. Otherwise, the attorney may be liable for ‘tipping-off’ his client as to the details surrounding the police investigation that his client may be the centre piece of.