After having sat for seven weeks and heard more than a hundred testimonies in public, the Commission of enquiry on Sale by levy has already seen spin-offs. Two solicitors Afzal Agowan and Iqbal Dauhoo, have been arrested and provisionally charged with taking bribes, which is an offence under the Prevention of Corruption Act.

Many witnesses alleged that solicitors took bribes to hasten or slow down matters when their property had been seized and was under threat of being sold by levy. However, most of them say they saw no change and their properties were sold anyway. The profession is now in the limelight and many solicitors fear the impact this may have on its image.

The bad name that solicitors have as a result of the testimonies of ?victims? may have been even more tarnished by threats made by Iqbal Dauhoo. He said that he?s thinking of taking legal action against some ?victims.? However, both the president of the commission, Sir Victor Glover, and its instigator, Harish Boodhoo, made it clear that no legal action could be taken against those coming to testify.

?No evidence given before a commission shall give rise to any civil or criminal proceedings other than a prosecution for perjury, against any person giving such evidence,? says Harish Boodhoo, quoting Section 12 of the Commission of Enquiry Act.

Solicitors remain cautious about the allegations, ?For the moment, I can?t make any accusation against my colleagues,? solicitor Francis Hardy says. ?I can understand the sadness and bitterness of the people, who have lost their properties. But this doesn?t mean that all solicitors are involved in illegal transactions.?

The Law Society president, Narendra Appajala, maintains that there have only been ?unconfirmed allegations?. He doesn?t agree with his predecessor, Tevarajen Ponamballum, who believes that the profession is tarnished.

Narendra Appajala even took it out on the witnesses. ?Why don?t they ask people, who say they are victims, where the money they borrowed is?? He says that the solicitors are not to be blamed. ?The problem is not solicitors but more in the capitalisation of interests by creditors, penalty rates and a high interest rates for loans.? He admits that some solicitors may have made mistakes but it is not a reason to blame the whole profession.

For the former president, there is only one way out: ?Sanctions should be taken against members having committed an offence. This is the only way to restore the profession?s reputation.?

Solution proposed

Francis Hardy however sees the situation differently. ?In my opinion, the problem is at the judicial level: all this is about consumer protection. People are granted loans with an incredible facility without even checking is they have the financial means to pay their debts.?

He proposes a solution, which could prevent people from being dispossessed of their properties. ?Authorities should consider a protection regime like the one in France on individual debt. The law should defend small consumers? interests (...). The real problem is a social one.? Moreover, the solicitor says the 10% commission ? a very controversial issue ? should at least be reduced.

Many of the testimonies to the commission have shown that people are badly informed of their rights and of legal procedures in general. As for Harish Boodhoo, he says he is satisfied with the way things are moving forward. ?I asked for a commission which would deal with this affair in a humane way which would deal with this affair in a humane way. The commission of inquiry went in the same direction as it proposed a commission on debt.? He nevertheless hopes that a temporary report will be submitted soon since Sale by levy procedures have not been frozen yet.