The Black Lawyers Association (BLA) held their national general meeting on 8 June 2024 in White River, Mpumalanga, under the theme ‘A reimaged Black Lawyers Association at the centre of transformation of the legal profession, the judiciary and society in general’. The meeting was kick started with an elegant stalwart’s dinner, where three stalwarts of the BLA – retired Judge President of the Mpumalanga Division of the High Courts, Judge Francis Legodi, the former president of the BLA, Busani Mabunda and retired Deputy Judge President of the Gauteng Division of the High Courts, Phineas Mojapelo – discussed the history of BLA and its contribution in South Africa (SA).
Three stalwarts of the BLA – retired Judge President of the Mpumalanga Division of the High Courts, Judge Francis Legodi, the former president of the BLA, Busani Mabunda and retired Deputy Judge President of the Gauteng Division of the High Courts, Phineas Mojapelo – discussed the history of BLA and its contribution in South Africa.
Justice Mojapelo said he joined the BLA in 1981, and that it was characterised by the fact that it was a totally voluntary organisation. However, he added that one cannot speak about 1977 before looking at 1976. He pointed out that in 1976 the Black Lawyers Discussion Group was formed and that the BLA was formed in response to the Black Lawyers Discussion Group. Justice Mojapelo said that by 1994 the question was whether there was a place in the future non-racial South Africa for an organisation, which described itself as black. He pointed out that the fact that there is still a BLA is the result of that consideration.
Mr Mabunda added that post-1994 the BLA contributed and participated in the transitioning leading to the Law Society of South Africa (LSSA), because of its historical composition. He said the BLA and the National Association of Democratic Lawyers (NADEL) worked together on the constitution, which culminated in the LSSA and resulted in the BLA and NADEL sharing 50% composition of the LSSA. He added that the BLA participated with regard to the representation of black legal practitioners who were excluded in the provincial law societies with NADEL. He said the formation of the provincial law societies resulted in the likes of the BLA’s former president, Nano Matlala, being the president of the then Law Society of the Northern Provinces.
President of the Law Society of South Africa, Joanne Anthony-Gooden and the Chairperson of the Legal Practice Council Jannine Myburgh, attended the Black Lawyers Association Stalwarts Dinner held in Mpumalanga on 7 June 2024.
Mr Mabunda also touched on another important milestone for the BLA, which contributed to the formation of the Legal Practice Council (LPC) as seen today. He said the BLA participated in the extent that as the BLA, they went to the Justice Portfolio Committee to discuss specific clauses, which are pivotal for the purpose of the transition of the LPC in the country.
When asked if the BLA has played any role in the life of an ordinary man who is not a legal practitioner, Justice Legodi responded with a confident yes. He said that the BLA has contributed to the transformation of SA. He added that there is a reason to be proud about what the BLA has achieved. He pointed out that pre-1994 the focus was fighting the system and because of the concerted effort of the BLA, the organisation played an important role, because they helped one another, and they supported one another in that fight. Justice Legodi added that post-1994 the focus changed, and the change was for the best. He said it was necessary to change the focus on how best the organisation can improve the quality of work as black legal practitioners at that time.
President of the Black Lawyers Association, Nkosana Mvundlela awarded widow of the former late president of the organisation Lutendo Sigogo on his honour.
Justice Legodi pointed out that the rationale was to say black legal practitioners have the excellence and competence, but for the longest time they have been denied access to enter certain fields of law. He said for that the BLA played a very important role and the BLA continues to do so. He added that it is important that the BLA is still continuing to exist. However, he pointed out that the BLA must continue to concentrate on excellence and ethical conduct. ‘We should not allow the good things, which this organisation has achieved, to be spoiled by not showing what we are capable of as black legal practitioners and the importance and the role we still have to play in our respective societies. We are there as black legal practitioners to continue to be of great service to our respective communities and I think for that the BLA plays an important role,’ Justice Legodi said.
Justice Mojapelo added that going forward the BLA must answer fundamental questions. He said the BLA was formed to serve and increase the number of black legal practitioners in the country. He pointed out that when the BLA was formed, black legal practitioners, including advocates were a small minority. He added that the idea was not only to serve legal practitioners but also serve black communities at the time they were oppressed.
President of the Black Lawyers Association, Nkosana Mvundlela with Constitutional Court Judge, Lumka Tshiqi who was one of the special guest at the BLA Stalwarts dinner held in honour of BLA elders and stalwarts in Mpumalanga.
Justice Mojapelo said when the South African Native National Congress was formed in 1912, Pixley ka Isaka Seme together with Richard Msimang and a few others drafted that constitution. He pointed out that it appears that from time-to-time when society is in search of direction, legal practitioners come to point to the direction. He said it is not by accident that prior to 1994, during the Convention for a Democratic South Africa (CODESA), there was a legal practitioner involved in the National Party, even in the African National Congress (ANC). He questioned members of the BLA whether legal practitioners of today understands their role in the broader service of the community beyond fees. Moreover, with SA in search of a new direction, are legal practitioners reflecting on what roles they can play?
The discussion was followed by an award ceremony where stalwarts of the BLA in their branches in all nine provinces were honoured for their contribution to the organisation and the legal profession. Those who were honoured are:
Legal practitioners honoured at BLA NGM |
|||
| Ashraf Mayat (The late) | Judge Babalwa Mantame | Khensani Rambau | Nolitha Kose |
| Busani Mabunda | Judge Lister Nuku | Likhaya Makana | Nolundi Nyathi |
| Dr Sejako Senatle | Judge Monde Samela | Lucky Mokotedi | Nqaba Masizana |
| Dumisa Ntsebeza | Judge Nhlupheko James Yekiso | Lutendo Sigogo (The late) | Paul Sedile |
| EM Ngubane (The late) | Junius Moloto | Luvuyo Godla | Pulana Matlala |
| EPM Radebe | Justice Malesela Francis Legodi | M Motshabi | Ralph Jiyana |
| Esmerald Johnson | Justice Ntsikelelo Poswa (Presidential Award winner) | Mapula Keetse | Thandiwe Raikane |
| Eunice Thete |
Kagiso Tladi
|
Matshego Ramagaga | The family of the late Justice Ronnie Bosielo |
| Godfrey Lufuno Mathobo | Kathleen Matolo-Dlepu | Mongezi Mbiko | Themba Gura |
| Guy Gumbo | Keith Kunene | Moshanti Makgale | Themba Ngxingweni |
| Happy Gumbo | Kenneth Mokate | Nano Matlala | Walid Brown |
| Jeff Mathabatha | Khanyisa Lingani | Noel Chauke | |
One of the founders of Black Lawyers Association (BLA) from Kwa-Zulu Natal, Edmund Radebe was honoured by the BLA. BLA President Nkosana Mvundlela handed him with the certificate of honour.
On the following day, Acting Deputy Judge President of the Mpumalanga Division of the High Court, Takalani Vincent Ratshibvumo said that it is a little embarrassing for the judiciary that 30 years into democracy there are still talks about briefing patterns for black legal practitioners. He pointed out that it is worrisome. ‘But you will understand as members of the judiciary we have limitations. We are not able to go and demand cases from the streets and from the community to come to us so we can decide, otherwise we will end up having to recuse ourselves because of merely having an interest in the outcome thereof,’ Acting Deputy Judge President Ratshibvumo noted. He added that some years ago while watching television, he saw the BLA being led by the late president Sigogo, protesting at the Union Buildings wearing the black robe that legal practitioners should be wearing only in court. ‘But he was not in court, he was out in the sun protesting, saying we want briefing patterns to change so that black lawyers can also be briefed in important cases, cases that matter.’
Acting Deputy Judge President Ratshibvumo pointed out that they do see black legal practitioners in court, however, when they see a black legal practitioner, they are there to deal with cases such as divorce matters or one of their family members may be arrested and the legal practitioner is there for a bail application. But when it comes to serious commercial cases, black legal practitioners are nowhere to be seen. ‘Thirty years into democracy to be still debating about briefing patterns is a little bit embarrassing. Where did we go wrong?’ He added that he is, however, very proud of the work that the BLA is doing. He said the BLA has transformed the legal fraternity. He said the judiciary is well represented thanks to the contribution of the BLA. He pointed out that some members of the judiciary who are products of the BLA, are still relying on the BLA to guide them on being the judges they want them to be.
President of the Law Society of South Africa, Joanne Anthony-Gooden with Public Prorector, Kholeka Gcaleka, and the Law Society Vice President, Eunice Masipa and the President of the Black Lawyers Association, Nkosana Mvundlela at the Black Lawyers Association’s National General Meeting, that was held in Mpumalanga on 8 June 2024.
While delivering the message of support on behalf of NADEL, Member of the National Executive Committee (NEC) of NADEL, Eunice Masipa, applauded the current BLA NEC that their work is visible, that the winds of change for the BLA are indeed blowing. She congratulated the organisation for honouring the stalwarts of the legal profession. She pointed out that the ceremony was necessary as a reminder that there exists extraordinary individuals whose contributions transcend the ordinary. ‘Individuals whose influence extends far beyond their immediate sphere of work. We are indeed privileged to count among us such remarkable figures whose names are synonymous with humility, excellence, integrity and justice.’
Ms Masipa reflected on the relationship between NADEL and the BLA. She said based on conversation that the stalwarts had, she was reminded that NADEL and the BLA were cut from the same cloth, in that both organisations are committed to democratic principles, to human rights and social justice. ‘I think we should encourage both organisations towards their commitment to the realisation of a more inclusive and equitable profession and continue to collaborate on issues of mutual concerns, such as access to justice, legal education and transformation in the legal profession,’ Ms Masipa added.
President of the Law Society of South Africa, Joanne Anthony-Gooden, thanked the BLA for the kind messages and condolences that were extended to the LSSA on the passing of the late Executive Director of the LSSA, Tony Pillay. She said that the LSSA and BLA have a common purpose for the pursuit of a transformed legal profession in SA that supports an equitable and just society. She pointed out that as SA celebrates 30 years of democracy, the undeniable truth is that for too many in our society, the promise of the fruits of democracy remain unfulfilled. ‘Despite the progressive ideals enshrined in the Constitution we are witnessing human rights violations and pervasive inequality and poverty of most of our people, and this continues to be a serious challenge,’ Ms Anthony-Gooden noted.
President of the Law Society of South Africa, said that the LSSA and BLA have a common purpose for the pursuit of a transformed legal profession in SA that supports an equitable and just society.
She said that it is the duty of legal practitioners to hold the torch of justice high to ensure that the rule of law prevails and hold the state accountable to the ideals that are set forth in the Constitution and the Bill of Rights. She added: ‘As guardians of our democracy, the legal profession is charged to work tirelessly to dismantle the barriers that prevent its benefits from reaching every citizen. We must advocate for access to clean water, education, healthcare, housing and the basic rights that every South African deserves. The Law Society of South Africa, hand in hand with the BLA and other constituents, must continue its relentless pursuit of justice.’
Speaking about the legal fraternity, Ms Anthony-Gooden noted: ‘These are trying times for the legal profession, we see lawyers fragmented, struggling to survive economically, and under pressure. We must re-evaluate regulatory fees, compliance costs, and indemnity cover costs to ensure that small law firms can thrive and contribute meaningfully to society and achieve their professional aspirations.’
Board member of the Legal Practitioner Fidelity Fund, Walid Brown spoke on behalf of the fund at the Black Lawyers Association National General Meeting.
Board member of the Legal Practitioners Fidelity Fund (LPFF), Walid Brown, said the LPFF held elections last year as per the rules of the LPC, however, the LPC later came and said the rules were incorrect. He told members of the BLA that they should demand that the results of the elections be released. On other matters related to the fund, he pointed out that the fund was able to over-collect on the interest trust account, and that is going to be very necessary for the trend going forward. He said that the fund has ensured that all the over-collection must be put back into investments. He added that there is concern with regard to the major claims against the fund made in 2023, particularly claims of medical negligence.
Chairperson of the LPC, Janine Myburgh, told members of the BLA that legal practitioners, like the theme of the BLA, have to reimagine the future of the legal profession. She said that the LPC in terms of the Legal Practice Act 28 of 2014 (LPA), are tasked to facilitate the realisation of the goal of a transformed and restructured profession, that is accountable, efficient and independent in line with the demographics of the country. Ms Myburgh pointed out that the issue of transformation is one of the key mandates of the council. ‘First and foremost, we are pleased that there are specific requirements around the makeup of the council which is a more equitable representation, and that the council reflects the demographics of society. The LPC has had the opportunity to take forward the Legal Sector Code and there have been presentations to the Portfolio Committee on the Code that will address the briefing patterns that have been an issue for far too long,’ Ms Myburgh said.
Ms Myburgh pointed out that the LPC is proud to see transformation in terms of the newly incoming legal practitioners joining the legal profession, specifically those under the age of 35. ‘We see a more representative picture of practitioners in accordance with the country,’ Ms Myburgh added. She said that this was attributed to the continuous work and influence of voluntary organisations, such as the BLA and persistent endeavours within the transformation of the legal profession. She added that further to the objective of the LPA is access to justice and a key area in this regard is examinations. She said that the LPC is in the process of interrogating the matter.
Representative of the Department of Justice and Constitutional Development, Lucky Mohalaba, reflected on some of areas that the department have done work on.
Representative of the Department of Justice and Constitutional Development, Lucky Mohalaba, spoke about the reopening and renaming of the justice college. He reflected on some of areas that the department have done work on. He said that pre-1994 the laws were made to ensure that there is exclusion to those seeking justice. He added that prior to 1994 more rights were afforded to the citizens of this country. He added that 60% of South Africans live below the poverty line, limiting their access to justice. Mr Mohalaba said that Legal Aid South Africa receives more than 300 000 applications for legal services each year. He said the numbers are quite staggering and do reflect the kind of capacity and efforts that should be put in place to deal with ensuring that there is access to justice in SA. He pointed out that language barriers are a significant challenge with only 10% of South Africans who speak and understand English.
Mr Mohalaba said that the Department of Justice is planning to have a symposium on access to justice in August and September. He pointed out that all sectors in the legal profession will be invited to answer a number of questions, such as how access to justice has progressed in 30 years and how has justice become more or less inclusive.
Legal Service Ombudsman, Judge Siraj Desai, said the legal profession has come a long way. He has been a part of the profession since 1976. He said under the wings of people such as Pius Langa and Dullah Omar, he has been looking at the development of this country and has seen the heroic role that the BLA has played in the past four decades. He added that there is a continued struggle that the poor remain poor, and although there are many more black legal practitioners than in the past, there is failure to deal with the inequity in the country.
Speaking on the services of his office, Judge Desai said that the office does protect the legal profession by keeping the LPC in check if they step out of line. He went on and spoke about the Legal Services Charter, saying that it was approved by the then Minister of Justice, then it landed on the desk of the Minister of Trade and Industry. He pointed out that he confronted Minister Ebrahim Patel about a matter that was important for the transformation of the legal profession. Judge Desai said the minister responded that it was a complicated issue that there were stakeholders who raised constitutional issues with regard to the charter.
Public Protector, advocate Kholeka Gcaleka, said that what is crucial while looking at reimaging the BLA is to go back to basics. She added that there should be a culture or learning and unlearning within the legal profession. She said that the BLA should continuously be schooling legal practitioners. She pointed out that during her time in the BLA student chapter, academics were at the centre of their programme. She said there was never a shortage of BLA members at campuses. The student chapter was not left to grow by itself. She pointed out that when engaging with the student chapter of today unfortunately one feels the absence of the BLA and schooling by the BLA. ‘And we need to go back to basics as we reimagine the BLA, because that is the future of black lawyers in our country and in our continent and into the globe,’ Ms Gcaleka said.
Ms Gcaleka said there is nothing much one can do in transformation of society and the people of SA at large when alone. She pointed out that the legal profession stands as a corner stone of society, upholding the principle of justice, equality and the rule of law. Legal practitioners and judges serve as guardians of these ideals to ensure that every civilian right and justice prevails. She said that SA has had its fair share of all manifestations of power over the last century, linked to challenging ideological, political and strategic authorises, which of course have complexities. She said that they are going to become more complex as democracy evolves. Ms Gcaleka added that the vast majority of decisions taken by political elites have eroded oppression and exploitation, which could limit societal fractures in the future.
Ms Gcaleka said SA has many complexities, which continue to be thrashed out during the difficult moments. She added that courageous negotiations are taking place between the country’s various interest groups. She pointed out that many are looking to see if parties are committed to developing multiple democratic approaches to build a foundation for peace and security, as well as for equality based on the principle of equity for social and economic justice.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
