Here are some salient extracts of the article, written by Gary Eisenberg as published on Who’s Who Legal: Corporate Immigration 2018. The full article is published on WWL.
“The power of attorney is not merely an academic instrument discussed in law school classrooms. It often serves as the only bulwark of protection for people dealing with state officials in complex and important administrative law proceedings. The issuance of a work visa by a DHA official, or a refusal to grant one, could be life-changing for the applicant and a South African employer. The same is true where spouses, children and siblings rely for their wellbeing and dignity on the issuance of relative visas. The fundamental importance to people’s lives of a positive outcome of a visa application, or an administrative appeal, in most cases is obvious.”
“It is time that lawyers are recognised by the DHA to play a meaningful role in the upholding and preservation of the rule of law. A disregard by DHA officials of a power of attorney held by a lawyer constitutes a negation of what the attorney’s profession stands for.”
“Lawyers are more than their clients’ agents. Lawyers are officers of the court, thus subjecting themselves to the court’s supervision and to duties geared to protect the vigor, fairness, and integrity of processes of litigation. Furthermore, as members of a profession, lawyers are subject to duties not neatly captured by the consequences of agency.”
Gary Eisenberg is the founding attorney of Eisenberg & Associates, South African leading immigration law firm.