Blog

Female Representation in the Legal Profession: Where are all the Women?

August 11, 2015  |  by admin  |  in BlogNo Comments

Women's month

It being Women’s month, we saw it fitting to center our dialogue around women, and in this instance, women in the legal profession. Last month we presented our “gender” edition, we hoped it would have created and raised awareness surrounding gender and the gap thereof. The previous month, we spoke of our exuberant bright and bold youth.

The above mentioned issues are linked, and all speak on the idea of working together to bring about an impactful change. Perhaps let us delve into the stats in South Africa, and around the world that speak of female representation in the legal profession now. According to a Times Live article,

Only nine out of South Africa’s 473 senior counsel – from whose ranks candidate judges are selected, are black women. Morever, only four of these are African. This is less than 1% of the total.

*Source:

One of the reasons for this shocking stat proposed in the article by Dumisa Ntsebeza (JSC spokesman by 2013) was that government was failing black female advocates, by not giving them enough work to harbour the experience requisite for a JSC candidate.

Another factor that brings about a shortage of female representation in the legal profession, according to constitutional law legal expert Pierre de Vos: for one to get ahead in the profession, one needs a sort of network. In South Africa that is “an old boys’ network”. He goes on to say that unless the structural support systems in the profession are addressed, the problem is less likely to go away. *Source:

However South Africa is not alone in this demographic – this is a global shortage.

Women are concentrated in lower paying, less prestigious employment
settings with few opportunities for promotion relative to men

(Abel 1985; Epstein 1983; Hagan 1990; Mossman 1990; Murray 1987; Podmore & Spencer 1982;
Sokoloff 1988)
*Source: Women in the legal profession: theory and research.

So how do we move forward and reduce the gap, having clearly outlined the problem and the possible factors leading to it? For one, women in higher positions should create networks with those who are up and coming.

Women need to foster better relations with one another thereby creating a network of sorts. But of course, we also cannot downplay the influence that government through its’ various programmes can bring into the reduction of the wide gap. And creating the dialogue and platform needed to raise these issues, the more awareness is drawn, the more solutions can come about to urgently redress this imbalance in the legal profession. Until then, we encourage all females in the profession to work harder and build networks for those coming behind you.
*It’s the women vs the State in the legal profession – Times Live 21 April 2013
*Dr Sharyn Roach Anleu Sociology Department. The Flinders University of SA

“In your hands the law must be our liberator as women, not an instrument of oppression.”


Minister Lindiwe Sisulu

Women's month

Equal pay for equal work

July 11, 2015  |  by admin  |  in Blog, In The NewsNo Comments

Gender Equity

According to the principle set out in: Louw v Golden Arrow Bus Services – December 1999

fairness requires that persons doing equal work should receive equal pay

Thus equal pay is a concept based on fairness. In recent times, around the world there has been huge dialogue and various movements on equal pay – for equal work. Largely due to females being remunerated lower pay rates, than their male counterparts, for the same work.

It sounds simple enough, all parties should earn the same amount, for the objectively same type of work Defrenne v Sabena – then why is that females still earn less and not in South Africa alone, but the UK and Germany amongst others with 20 – 22% difference in pay between males and females?

The answer is slightly complex. Let us briefly unpack a few factors contributing towards the wage gap based on gender, and the positive strides governments around the world – especially ours are taking in reducing the gap:

Where a woman lives can make a big difference in how much she earns comparatively

(mashable.com). Additionally, the race and ethnicity of the woman may also contribute to how she is remunerated for her services – this is obviously arbitrary treatment, which goes against not only South Africa’s constitutional values, but also international norms and standards. Article 23(2) of the Universal Declaration of Human Rights (1948) provides:

everyone without any discrimination has the right to equal pay, for equal work

.

To show their commitment towards equal pay – for all, the South African government ratified the ILO 100 Convention, Article 2(1) which provides:

each member state shall promote and ensure the application to all workers of the principle of equal remuneration for men and women workers, for work of equal value

South Africa ratified article 2(1) in Parliament, on the 30th of March 2000.

What then is our current status quo? We have these brilliant, equitable laws and provisions championing equal remuneration based on objective standards. The precedent set in Louw and the amendments to the Employment Equity Act. Sections 6(4) and 6(5) make provision for equal pay for the same work, similar work in addition to work of equal value.

With the above mentioned safety nets provided for by the law, the journey to equal remuneration for all looks feasible and this is promising. (We have provided links Louw and the amendments to EE Act below)

*EE ACT:

*Louw v Golden Arrow Bus Service (Pty) Ltd (C 37/97) [1999] ZALC 166 (23 November 1999) :

Gender Equality

July 11, 2015  |  by admin  |  in Blog, In The NewsNo Comments

Gender Equity

The South African government is continually committed to the transformation of the historically disadvantaged in the country, more so females in South Africa.

Gender being our theme this month is something that has been given the spotlight in leading news reports, worldwide as of late. South Africa being part of the global world and a forerunner, how are our transformation goals towards achieving gender equality faring?

It is reported that

Gender quotas have made South Africa one of the top places in the world for equality

(Achieving gender equality: we have to actively transform the daily lives of South African women) South Africa ranks 3rd in terms of women representation in Parliament, however the article goes on to state that although South Africa fares well with regard to gender quotas in the political sphere, it doesn’t fare as great in corporate South Africa. One of the reasons why is best expressed by the Committee for Gender Equality (CGE), who still believe that cases of unfair discrimination remain deeply rooted not only in the work place, but also in society.

The South African Constitution makes provision for the (CGE) in section 187. The (CGE) is tasked to promote respect for gender equality and the protection, development and attainment of gender equality.

In closing, the gender equality journey is one that must be taken by societies and communities as a whole. This can aid government’s strides on gender equality.

We need to empower women and give society a reason to respect women… there are enough talented women out there, so why single them out?

– Aisha Mohamed

“One man, can change the world” – Nelson Mandela taught us so.

July 11, 2015  |  by admin  |  in Blog, In The NewsNo Comments

Nelson Mandela - 1937

We’ve read compelling, inspiring, laudatory stories of the prolific late Nelson Mandela. He is a man whose story needs to be continuously told, over and over. This is our turn, to show our appreciation of the great struggle stalwart.

Born on the 18th of July 1918, in Mvezo the Eastern Cape he would go on to become a global icon, celebrated by many loved and adored by nations. A man of many talents a ward of Jongintaba Dalindyebo, lawyer, boxer, freedom fighter to name but a few. He certainly left behind a legacy.

Brief history bite on Nelson Mandela, he matriculated at a Wesleyan secondary school and read for his Bachelor of Arts degree at Fort Hare University, yet after joining a student protest he was expelled. His leadership traits, and desire for emancipation are evidenced here. He would then take the pilgrimage to Johannesburg in 1941, which bring about much of the interactions of his career and political life. He joined the African National Congress in 1944.

Nelson Mandela

In 1952 he established South Africa’s 1st black law firm, ‘Mandela and Tambo‘ with Oliver Tambo and was able to practice law with a 2 year diploma in law in addition to his BA which he managed to complete.

Much later on proving that life is, indeed all about learning, whilst in prison for his active participation in the struggle for emancipation during South Africa’s Apartheid era at the now infamous ‘Treason Trial’, he eventually obtained an LLB through the University of South Africa in 1989. A very interesting fact that about Nelson Mandela, is that he used an Ethiopian passport for travel purposes.

In 1990 on the 11th of February on a splendidly sunny day, he was released from prison and was immersed and exposed to instant stardom. However he was a man of humble means, and always gave himself tirelessly to the liberation struggle and children’s foundations during his tenure as President of South Africa and post Presidency. He was inaugurated as South Africa’s first democratically elected President on the 10th of May 1994.

One of his greatest quotes:

I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities…

May that quote live within us and our work.

The Nelson Mandela Foundation was established in his honour.

Nelson Mandela

Read more on his life on the Nelson Mandela Foundation, which is a hub of the great man’s life and life’s work .

Transformation in the Judiciary: Female Judges to be interviewed for top job in S.A’s highest court

July 11, 2015  |  by admin  |  in Blog, In The NewsNo Comments

The Judicial Service Commission (JSC) has shortlisted four female Judges for a position on the bench of the Constitutional Court of South Africa. The shortlisted candidates are:

  • Justice Zukisa Laura Lumka Tshiqi (Supreme Court of Appeal)
  • Justice Nonkosi Zoliswa Mhlantla (Supreme Court of Appeal)
  • Judge Dhayanithie Pillay (KZN High Court) and
  • Justice Leona Valerie Theron (Supreme Court of Appeal)

The coveted, prominent vacancy in the Constitutional Court was left open when Justice Thembile Skweyiya retired in May last year.

Constitutional Court

For the City Press publication, Journalist, Tabeth Masengu sums it up well in her 5th July article on the interviewees for City Press’s Voices: “The women being interviewed defeat these critics as they prove that black South Africans and women are as competent and capable as the white male counterparts.“

Tabeth certainly makes the case for transformation and gender equality in the above quote, these interviews also goes with our gender theme this month and should remain a central theme in our young democracy in attaining and achieving our transformation goals.

Section 174 of the Constitution provides for the “Appointment of Judicial Officers” #KnowYourConstitution, s 174 (2) sets the tone for transformation by providing the following: “the need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.”

All the shortlisted candidates are highly accomplished women in their own right, there are no doubts that the JSC will have a hard time selecting their candidate from this rich, capable pool.

We wish the candidates the best in their interviews, the appointment of a female on the ConCourt’s bench will be a victory for all the women in South Africa and that is well worth celebrating.

First Constitutional Court Judges
First Constitutional Court Judges – Source: Council for the Advancement of the South African Constitution

Great responsibility of continuously inspiring

June 15, 2015  |  by admin  |  in Blog, In The NewsNo Comments

The world can be seen in a different, a most interesting light – through the perspective of the youth. It is therefore a great privilege for the Legal Education Centre, to introduce this month’s guest interviewee.

Introducing Mr Nape Masipa. A young man who chairs the Black Lawyers Association Student Chapter, and is reading for his LLB degree. Here are his thoughts.

BLA-LEC: Why did you choose to pursue Law?

Nape Masipa:

As a 9 year old I received Nelson Mandela’s autobiography “Long walk to freedom” as a gift from a family member, upon discovering that the great man Mr Nelson Mandela was a Legal Practitioner, I was determined to also follow suit and become a lawyer, I never thought of any other field of study. The law empowers one’s thinking and ability to challenge societal problems, nothing signified this more than Mr Nelson Mandela’s excellent defence of black domestic workers during apartheid, he gave them dignity and hope in times of great distress. So I hope to also give people dignity and hope as a lawyer.

BLA-LEC: Is there any case/legal dispute, in your career as a student that has lingered with you post assessment?

Nape Masipa:

It was during my vacation work at a local law firm in Polokwane, I has handed a file wherein had to do a liquidation and distribution of a deceased’s estate. During the process it became apparent that the deceased’s estate did not have much assets however the widow had exorbitantly spent large amounts of money for the funeral expenses, since the deceased’s estate has “to pay for its own funeral expenses”, I had the painstaking task of informing the widow that we might have to sell the house to balance it out. It was very sad because with a bit of education to our people about the technicalities of the law they will be in a better position to receive better legal services, I think this lingered on in me because whenever I am sitting with people in general I always end up telling them about the various fields of law and how they can avoid similar problems. At the end of the day we are trained to serve the people.

BLA-LEC: What do you think is the greatest challenge facing South African youth in 2015? And how can it be addressed?

Nape Masipa:

I think the lack of opportunities all round, year in and year out there are large amounts of young people who have passed well that cannot get into institutions of Higher Learning, many young people graduate but still cannot get employment (which you ask yourself, how worse is the situation for people without academic qualifications), and our country does not embrace innovation because young people with brilliant new ideas will more often than not struggle to get funding and all round support to get those ideas off the ground, we must ask ourselves if our country can produce a Mark Zuckerburg. It is not that we are incapable of producing thinkers, Elon Musk is a prime example, he is South African born and he lived here until his late teens and he is now coming up revolutionary ideas to solve energy shortages across the globe, what does our country not have to entice young thinkers like this to remain in the country and develop from here?

BLA-LEC: The term ‘role-model’ embodies what to you?

Nape Masipa:

It is such a broad concept, but I’ll refer you to my earlier answer as to what inspired me to study law, Mr Nelson Mandela. He is someone whose attributes, behaviour, success and way of thinking that I want to emulate, so the term “role model” means just that to me. You must carry yourself in a manner that inspires people to be like you. This is especially very difficult for young black males in this country because we grow up not seeing enough male role models, so the onus is on this generation to produce its own Mandelas, Tambos, Motsepes etc. for the next generation.

Nape Masipa

BLA-LEC: Are you somebody’s role-model?

Nape Masipa:

Yes, the township that I come from not much people make to University, so I inspire young people that it is possible, they must believe in their dreams regardless of their backgrounds. At University I do have young people that I have taken under my wing, especially with the work I do for the Black Lawyers Association Student Chapter. I did not know how to react when someone once told me that I inspire them, obviously it felt good but along with it came the great responsibility of continuously inspiring this person and many others.

BLA-LEC: Describe the BLA in a sentence.

Nape Masipa:

The voice of black lawyers in the Republic of South Africa

BLA-LEC: Describe the BLA-LEC in a sentence.

Nape Masipa:

An institution dedicated to improving legal education in the Republic of South Africa

BLA-LEC: What are your thoughts on Legal Transformation in South Africa?

Nape Masipa:

I honestly feel like little has been done, I mean you must just look at the briefing patterns issue in this country and how black legal practitioner are marginalised against. Look at the
fact that we still do not have big black law firms in this country, on a gender perspective there are still a few numbers of female legal practitioners that are in practice well into their 40s. At an education level the LLB curriculum is still not yet uniform across the Republic, previously Bantu Universities do not have professors at their institutions as compared to the previously white institutions, and this perpetuates the dire situation of the previously white institutions having a stronghold on the profession itself. When Black law graduates are hired at big law firms, they are sometimes used as fronts (i.e. window dressing purposes) and they eventually get frustrated because they would have not received the same exposure as their white counterparts. These are serious issues that the stakeholders of the profession are failing to address or to be more cynical, they are refusing to address.

BLA-LEC: To date, what are your greatest achievements?

Nape Masipa:

I think to date my greatest achievement has to be being elected by law students from various Universities to serve as the National President of the Black Lawyers Association Student Chapter, it is a humbling experience to be tasked with this responsibility. The work that has been done by ourselves as the 2014/15 National Executive Committee also qualifies as an achievement, and our collective achievement means much more than any individual accolades because that means we are moving with unity as team. We have taken the organization to a new and exciting level and our aim is to leave behind a fertile ground for our successors.

BLA-LEC: The greatest book you’ve ever read is…?

Nape Masipa:

“I write what I like” by Steve Bantu Biko

Legal Transformation Goals

June 15, 2015  |  by admin  |  in Blog, In The NewsNo Comments

Minister Michael Masutha announced plans to the legislative framework to promote the usage of indigenous languages in court proceedings (published May 20th 2015).

The government released a discussion paper on the transformation of the legal profession, in the paper a few noteworthy points are highlighted. Namely:

  • Disadvantaged law graduates experience difficulty in entering the legal profession
    And establishing themselves as successful practitioners
  • Broad middle class of the South African society although not indigent, cannot afford the fees which practitioners charge.
  • The discussion paper goes on to raise the point that, the goal of transformation must be envisaged through, inter alia a legal profession which represents diversity of the South African society.

You can read up more on the discussion paper, and assess the points it raises as to why transformation in the legal profession is needed and the solutions it proposes, here:

With issues as those raised above, which some are a direct result of the education policies effected by the pre-democratic South African government, one can see that for transformation goals to be effected, it will take a collective effort.

The proposition of promoting the use of indigenous languages in court proceedings may be a step in the right direction, albeit still a framework which is in the works and not yet implemented – it sounds like a good plan. But the 1996 Constitution of the Republic of South Africa itself does promote the goals of a transformative society, perhaps given enough support structures and skills redistribution to the previously disadvantaged communities, the tide against an unbalanced legal profession can be decreased.

This shortage of skills within the legal profession prompted the legal education centre, to not only offer legal educative training programs – but also launch law clinics around South Africa (insert link). The goal of the legal education centre is to equip black legal professions, from historically disadvantaged parts of South Africa with the requisite legal skills in order for them to function, operate and thrive in the legal profession.

The above discussion is only a brief note on where transformation in terms of the legal profession is, with added insight from the legal discussion paper from the Department of Justice. There are undoubtedly more factors and issues at play, yet it is hoped that initiatives such as what Minister Masutha is proposing may be implemented to address the minimal transformation within the profession.

We will keep you posted on updates.

The LLB read with a compulsory African language

June 15, 2015  |  by admin  |  in Blog, In The NewsNo Comments

The LLB read with a compulsory African language, proposed.

There is an ongoing debate regarding the medium of instruction at tertiary level, the proposition of students being taught in their mother tongue, and specifically as laid out by the Minister of Justice, Mr Michael Masutha: the introduction of a compulsory African language.

Yet how would this fare, and how would this great feat be implemented around South Africa? The abovementioned serves again, for robust debate. The Minister, in a Herald report (see link above) announced plans to investigate the legislative framework, to promote the use of indigenous languages in court, additionally he has indicated that he will continue to urge universities to include indigenous languages as part of their curriculum.

In the discussion paper on the transformation of the legal profession, prepared by the DoJ, one of the main challenges laid out was: “the need to make the legal profession representative of the diversity of South African Society”

One way of addressing the diversity gap, would be the promotion and introduction of indigenous languages in court proceedings – this is what the Minister is proposing. For now, the idea of an LLB degree read with an African language is still a mere idea of paper, perhaps let us eagerly wait for the Minister’s findings within the legislative framework for the way forward. The 1996 Constitution of South Africa makes provision for both higher learning and recognition of languages, sections 6; 29 and 30 respectively. South Africa has 11 official languages.

We will be updating our readers on the progress of this project as it goes.

Traditional Courts Bill back in the spotlight, who is to rule?

May 4, 2015  |  by admin  |  in Blog, UpdatesNo Comments

Of the many things evident in South Africa with the advent of the new constitutional dispensation, is the idea of embracing one another’s diverse ways of life, diversity. The Traditional Courts Bill is one of the many forms of diversity in our country, it specifically calls for the recognition of granting traditional leaders extra ruling power, over traditional views.

The bill was however rejected by the NCOP in 2013, the bill was also not passed last year. It has been dubbed as controversial by many, as it raises many issues. For instance, some have argued that granting traditional leaders such power would adversely affect women’s rights in rural communities, where often is, the case that women are in positions of inferiority.

The Minister of Justice, Michael Masutha is positively set on reviving the somewhat controversial bill this will ring well with traditional enthusiasts, amongst others. At an imbizo last month in Limpopo province, the Minister provided that he hopes that the bill will address the issue of access to courts in rural, remote parts of South Africa. Access to courts, is a fundamental constitutionally entrenched right.

The Minister noted that people are shying away from the bill, yet they do not fully grasp the specific needs of rural communities and the bill would address it.

It is worth noting that there are divergent views on the matter. How will it fare this time around? Only time will tell, now we wait for policy makers to hopefully act in the best interests of rural communities.

March 2015, Human Rights Month: A Month of Prestigious Events

April 1, 2015  |  by admin  |  in Blog, UpdatesNo Comments


(Image sourced from the Department of Justice Gov’ Site)

Our centre was extremely honoured, and privileged for our presence to be called upon to two significant events this month.

In chronological order, the National House of Traditional Leaders (NHTL) graciously invited us to their annual address, of the fourth NHTL by the President of the Republic of South Africa, his excellency J.G Zuma. And the debate of the President’s speech by members of the (NHTL).

The event was 2-fold, it consisted of annual address which was held March 5th, followed by the debate of the President’s speech, which was debated on March 10th 2015. These were both held at the old assembly chamber, Parliament in Cape Town. A particular highlight of this event, was the illustration of inclusivity, transparency and accessibility to our leaders, the torch bearers our country. Which speaks volumes of the (NHTL) in allowing the BLA-LEC to be part of such a ground breaking event.

Truly, a sentiment which upholds our Bill of Rights, and since it was Human Rights month, the event was quite apt.

Our second event in the month of March, was the National Human Rights Day Commemoration which was held on the 21st in Uitenhage, Eastern Cape province. The Minister of Arts and Culture, Mr E N Mthethwa and the Premier of the Eastern Cape, Mr P G Masualle extended an invite to us.

The theme of day: ‘Celebrating the Freedom Charter, Enjoying Equal Human Rights for All’. The honourable Minister of Justice and Correctional Services, Advocate Michael Masutha eloquently delivered a monumental speech. (Read the Minister’s full speech )

In his firebrand speech he touched on our nation’s most pressing matters: equality; human rights for all and xenophobia. He called on for active citizenry in reporting xenophobic attacks to law enforcement.

The highlight of the event, was the recital of the Constitution in multiple languages. Our young democracy still has a long way to go, but if we work together we will get there. Unity, in diversity.