The Gauteng Attorneys Association (GAA) hosted its Annual General Meeting on 14 November 2024. The event featured a keynote address by Chief Executive Officer of the Organisation Undoing Tax Abuse (OUTA), Wayne Duvenage, whose insights resonated strongly with attendees committed to justice and accountability. The second keynote address was delivered by co-editor and author of the textbook Cyberlaw @ SA (Pretoria: Van Schaik), Professor Sizwe Lindelo Snail ka Mtuze, who shared insights drawn from his decades-long journey in the field.
Mr Duvenage, an outspoken advocate against corruption, shared lessons from OUTA’s decade-long fight against systemic mismanagement and malfeasance. He emphasised the importance of good governance, sound business processes, and the strategic use of media in holding power to account.
‘We have learned to own the narrative,’ Mr Duvenage noted. He added: ‘When we highlight wrongdoing and invite scrutiny, the pressure becomes unbearable for those responsible. The media becomes a powerful ally, amplifying our message and compelling action.’ He cited the successful campaign against e-tolling as a case study, underscoring the role of relentless advocacy and evidence-driven storytelling in forcing authorities to confront their failures.
Mr Duvenage also detailed OUTA’s operational approach, which includes a multidisciplinary team of legal experts, investigators, and communication professionals. This dynamic structure allows the organisation to tackle a range of issues, from exposing corruption to safeguarding whistleblowers.
The Gauteng Attorneys Association Annual General Meeting featured a keynote address by Chief Executive Officer of the Organisation Undoing Tax Abuse (OUTA), Wayne Duvenage, whose insights resonated strongly with attendees committed to justice and accountability.
Despite these successes, Mr Duvenage acknowledged the ongoing challenges posed by entrenched corruption. ‘The tentacles of corrupt syndicates run deep,’ he cautioned. ‘However, with a focused and well-resourced criminal justice system, we can reverse the damage.’ He expressed optimism about recent developments in government, noting increased receptiveness from Parliament and some government departments. ‘We are finally seeing doors opening, and that gives us hope for systemic change,’ Mr Duvenage added.
Responding to a question about judicial corruption, Mr Duvenage noted that while OUTA has not encountered direct evidence of judicial misconduct, there are concerns about perceived manipulation in some cases. He stressed the need for robust, evidence-based investigations to uphold the rule of law. In conclusion, Mr Duvenage encouraged attorneys to continue using their expertise to advance justice and accountability. ‘The fight against corruption requires everyone’s effort. Together, we can create a future where integrity prevails,’ he added.
Reflecting on his early career, Prof Snail ka Mtuze noted: ‘Twenty years ago, when I had just completed my dissertation in cyberlaw at the University of Pretoria, I wandered the streets of Sandton looking for opportunities in this emerging field. At the time, many firms did not fully grasp the potential of cyberlaw. I was eager, but the concept seemed foreign to many. It was humbling yet enlightening, it made me realise the power of persistence and specialisation.’
Through relentless effort, Prof Snail ka Mtuze carved a niche, drafting agreements related to domain name disputes and data protection. He humorously recounted being dubbed the ‘PlayStation Lawyer’ in his early days, as few believed that cyberlaw would gain traction.
Prof Snail ka Mtuze emphasised the importance of embracing technology in legal practice: ‘As practitioners, we must adapt. If your firm does not have a robust online presence, be it a website or active social media profiles, you are not in business. Leveraging tools like search engine optimisation (SEO) and digital marketing can greatly enhance visibility and client acquisition.’
The second keynote address was delivered by co-editor and author of the textbook Cyberlaw @ SA, Professor Sizwe Lindelo Snail ka Mtuze, who shared insights drawn from his decades-long journey in the field.
The discussion delved into the implications of AI on the legal profession. Prof Snail ka Mtuze highlighted the dual nature of AI as both an asset and a challenge: ‘AI has been around since the 1950s, but its capabilities today are unprecedented. While it aids efficiency – think drafting, summarising meetings, or even predicting case outcomes – it also raises concerns. For instance, there are instances of tools like ChatGPT fabricating legal references, leading to potential liability for practitioners.’
He advocated for the proactive regulation of AI, particularly in high-stakes scenarios, such as its use in military and surveillance technology, urging legal professionals to stay informed about the human rights implications. ‘AI must adhere to principles of transparency, explainability, and non-discrimination. As lawyers, we must ensure these technologies do not exacerbate inequalities but instead serve justice,’ Prof Snail ka Mtuze added.
Prof Snail ka Mtuze also touched on the use of AI tools in academic settings. While platforms like Turnitin help detect plagiarism, he warned of their limitations, citing examples where students were wrongfully flagged for inserting digital signatures into their documents. Looking ahead, he envisions a future where AI becomes integral to South Africa’s legal ecosystem: ‘We need localised AI tools trained on South African common law and constitutional frameworks. Collaboration with providers … to develop such resources is crucial. The next decade will redefine how we interact with technology, and we must prepare now.’
His closing remarks emphasised a balanced approach: ‘AI is here to stay. We should embrace it, responsibly regulate it, and invest in it. As legal practitioners, it is our responsibility to navigate this new frontier with integrity and foresight,’ Prof Snail ka Mtuze noted.
Chairperson of the GAA, Tiaan Joubert, shared insights on the association’s achievements and pressing issues affecting the legal profession in Gauteng in his Chairperson’s report.
Chairperson of the GAA, Tiaan Joubert, shared insights on the association’s achievements and pressing issues affecting the legal profession in Gauteng in his Chairperson’s report. The Chairperson’s report underscored the GAA’s achievements and ongoing initiatives which includes:
Mr Joubert reiterated the GAA’s non-political stance and inclusivity, welcoming all legal practitioners, candidates, and pupils to participate in its activities.
Mr Joubert praised the dedication of the GAA’s executive committee and its subcommittees, who selflessly dedicate their time and expertise to benefit the association and its members. He acknowledged outgoing secretary Lindie Lombard for her service and welcomed her successor, Marianne Pretorius, whose administrative skills are essential to maintaining the association’s constitutional compliance.
Mr Joubert also pointed to the association’s financial health, crediting Treasurer Millie Shantall-Lurie for ensuring fiscal stability. The GAA’s financial soundness enables it to plan effectively for the future and continue supporting its members.
Mr Joubert noted that recently, the Minister of Trade and Industry published an updated Legal Sector Code aimed at promoting transformation in the profession. While the GAA acknowledges the importance of transformation, Mr Joubert expressed concern over the ambiguity in the code’s application. He added: ‘The key issue lies in the lack of clarity regarding whether the codes apply to all legal practitioners or only to those conducting at least two-thirds of their business with the state or state-owned entities. Despite the GAA’s proactive engagement during the drafting stages and submitting comments through the LPC, the final recommendation to the Minister did not address all our concerns.’
Feedback from members was limited, which Mr Joubert noted as a worrying trend: ‘We have seen more queries on the codes after their publication than comments during the consultation phase.’ He urged attorneys to become more actively involved in shaping their profession.
Mr Joubert noted that the GAA plays a pivotal role in enhancing the efficiency of South Africa’s judicial system. Through participation in Efficiency Enhancement Committees and Provincial Efficiency Enhancement Committees, the GAA collaborates with judges, prosecutors, legal practitioners, and government representatives. These committees, chaired by Deputy Judge Presidents, focus on improving the administration of justice, addressing case backlogs, and resolving infrastructural challenges in courts. Mr Joubert noted that delays in civil trials, particularly those involving Road Accident Fund matters, remain a significant concern, with some cases scheduled as far as 2029.
Mr Joubert urged legal practitioners to become more engaged with the GAA and its initiatives. ‘Our members’ participation is crucial in shaping a profession that serves both its practitioners and the public effectively,’ he said.
He concluded by celebrating the GAA’s achievements over the past year, encouraging members to read the full Chairperson’s Report for detailed updates. Mr Joubert’s commitment to advancing the interests of the legal profession underscores the GAA’s vital role in ensuring a fair and efficient justice system for all South Africans.
To read the full Chairperson’s Report, click here.
Members of the GAA Executive Committee from left to right: Ondwela Masikhwa (GAA Exco), Tiaan Joubert (GAA Exco, PAA Exco), Conrad van der Vyver (GAA Exco, PAA Exco), Nicolette de Witt (GAA Exco, PAA Exco), Marianne Pretorius (GAA Exco, WRLPA Chairperson), Millie Shantall-Lurie (GAA Exco, PAA Treasurer), Vijayta Rana (GAA Exco, PAA Chairperson), Yusuf Wadee (GAA Exco, JAA Exco), Wendel Bloem (GAA Exco) and Azhar Aziz Ismail (GAA Exco, JAA Chairperson).
The new executive for the 2024/2025 term comprises of the following:
Mapula Oliphant NDip Journ (DUT) BTech (Journ) (TUT) is the Editor at De Rebus.
