Public Protector, Thuli Madonsela, (center) pictured with the National Executive Committee of the Black Lawyers Association at the national general meeting held in May.
By Mapula Thebe
The Black Lawyers Association (BLA) held its national general meeting (NGM) on 21 May in Pietermaritzburg, KwaZulu-Natal. The NGM was held under the theme: ‘The culture of racism and its effects on black legal practitioners.’
The keynote address was presented by Public Protector, Thuli Madonsela. Opening her address, Ms Madonsela said that 39 years after the formation of the BLA, the chosen theme of dialogue was very apt, given the recent racist utterances in the country. ‘The dialogue is timely because the nation is celebrating 20 years of the Constitution and as we celebrate we need to ensure that every person has an improved quality of life. … All forms of inequality have to be dismantled. The dialogue is also timely because racist hate speech has surfaced meaningfully because of the advent of social media. Racism is not on the raise it has always been with us, unarticulated racist speeches are raising to the surface,’ she added.
Elaborating on the nature of racist, Ms Madonsela said: ‘The average racist is not a “Terre’Blanche kind of person”, that is not the case. The average racist is a good human being who is a product of a society that supports hierarchy based on differences, states that you are skilled and competent based on your race and that you are not credible because of your race.’
Speaking on the impact of racism on black practitioners, Ms Madonsela said that racism hurts. ‘It undermines human development and social cohesion. When it is intended, the sting hurts more; the sting also lasts far more when intended.’
Expanding on the impact of racism on black legal practitioners, Ms Madonsela said that structural racism exists in the legal profession, due to the number of black legal practitioners in the profession there are less chances of a black candidate attorney securing employment and less chances of black legal practitioners getting briefed.
Ms Madonsela noted that the Constitution was implemented as a bridge to a new society and that it was never implemented to intend that South Africa is a new society that that does not have racism. She asked: ‘Why is there racism? How do we go forward? Accumulated advantages and disadvantages began with colonialism; they did not start with Apartheid. Apartheid gave racism a name, institutionalised it and stated that if you are a certain race, you deserve certain things. … After Apartheid, there is still real evidence of inequalities, how do we dismantle racism? … We dismantle racism by placing our vision on “Mandela’s new world” that states that there should be a constitutional order of a new South Africa that is based on justice for all. … We create a new world where everyone’s humanity is affirmed. … We create a non-racial South Africa that wants us not to be defined by race, a South African future where race does not matter.’
Speaking on the role legal practitioners should play to dismantle racism; Ms Madonsela said that lawyers move the philosophy of the country, particularly black lawyers. She added that since lawyers move the philosophy of the country, they should lead South Africa to a future where race does not matter.
‘Why should we use the word race? Should we not find another word? … Should we use such concepts? We need to rethink the notion of race. Black practitioners should not allow others [to] make them believe they are different or inferior, the only difference you have is your pigmentation. … As Oprah said: “Excellence is the best deterrent to racism or sexism”,’ Ms Madonsela said.
Ms Madonsela noted that government should make sure that the briefing patterns are in line with the achievement of equality. She concluded: ‘Do we encourage that we are entitled to briefing because of our race, because that is the same as saying one is not entitled to briefing because of one’s race. Black practitioners should rather say they are entitled to briefing because of their excellence. People learn through practice when given a chance. … If you believe in people and give them an opportunity, they will flourish. Also, if you believe in yourself you will achieve the impossible. …. Education is the greatest tool that can be used to change the world and it also changes attitudes, not just skills.
Legal practitioners should lead and invite fellow South Africans to define the new world and enter it. We should all be part of that journey and process.’
Mapula Thebe NDip Journ (DUT) BTech (Journ) (TUT) editor of De Rebus.
This article was first published in De Rebus in 2016 (July) DR 17.