AFFIDAVIT

This affidavit, deposed by attorney Michael John Read Evans, provides a professional opinion defending the Centre for Environmental Rights (CER) against allegations of unethical conduct. Evans argues that the claim that attorneys must have no interest in the outcome of a matter is flawed and incompatible with the statutory framework for law clinics in South Africa.

• Michael Evans argues that the rule contended by Atha-Africa—that no attorney should have any interest, including personal or ideological, in the outcome of a matter—is incompatible with the Legal Practice Act (LPA). He states that such a rule would prevent non-profit organisations approved to establish law clinics from performing their intended functions, as their attorneys are legally bound to work toward the organisation's specific objects and interests.
• Evans asserts that the conduct of the Centre for Environmental Rights (CER) and its attorneys is consistent with the ethical obligations of South African attorneys specialising in public interest work. He maintains that partisan public commentary is an inevitable and acceptable part of an adversarial legal system and is protected by sections 15 and 16 of the Constitution.
• The affidavit contends that the allegations of conflict of interest against CER are based on a flawed understanding of South African law. Evans explains that a conflict of interest occurs when an attorney owes duties to parties with conflicting interests or when their own interests conflict with the client's, but asserts that CER has not engaged in such conduct.
• Evans argues that every attorney, upon acting for a client, assumes a direct and substantial interest in the outcome due to the legal relationship of agency, the ethical obligation to serve the client's best interests, and the receipt of fees.
• The document highlights a historical precedent of lawyers in South Africa directing their professional and personal lives toward ending apartheid and promoting human rights, noting that such activities were not subject to disciplinary proceedings by the Law Society of the Cape of Good Hope.

APA

Evans, M. J. R. (2020). AFFIDAVIT. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2021/03/Michael-Evans-affidavit_searchable.pdf?x21779

Chicago

Evans, Michael John Read. AFFIDAVIT. Centre for Environmental Rights, 2020. https://cer.org.za/wp-content/uploads/2021/03/Michael-Evans-affidavit_searchable.pdf?x21779.

Wikipedia

{{cite press release |last1=Evans |first1=Michael John Read |title=AFFIDAVIT |publisher=Centre for Environmental Rights |date=October 2020 |url=https://cer.org.za/wp-content/uploads/2021/03/Michael-Evans-affidavit_searchable.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{evans2020affidavit, author = {Evans, Michael John Read}, title = {{AFFIDAVIT}}, publisher = {Centre for Environmental Rights}, year = {2020}, month = oct, url = {https://cer.org.za/wp-content/uploads/2021/03/Michael-Evans-affidavit_searchable.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }