The Deputy Minister of Justice and Constitutional Development, Andries Nel, said South Africans must work tirelessly to ensure the values, provisions, and rights enshrined in the Constitution find expression in the day-to-day lives of every South African. Mr Nel was speaking at the Annual General Meeting (AGM) of the National Association of Democratic Lawyers Pretoria branch as a keynote speaker under the theme ‘Advancing Access to Justice through Community Engagement and Transformation in the Legal Sector.’ The AGM held on 8 March 2025 was attended by Judge Norman Davis and Judge Mokate Victor Noko, as well as veteran members of NADEL, JB Skosana and Dr Mathole Motshekga.
Mr Nel opened his address by reciting the preamble of the Constitution and pointed out that it was very important to start with reciting the preamble, especially in a society that is as diverse as South Africa (SA), as it is the one thing that unites South Africans. He added that the preamble encapsulates what the rest of the Constitution says. ‘It talks about where we come from, where we are, and even more importantly where we want to go and where we want to be. It talks to the fundamental progressive values that South Africa believes in,’ Mr Nel said.
Mr Nel said that SA, with its Constitution, values, commitment to multilateralism, and dedication to international solidarity, has taken legal action through the rule of law to help protect the people of Palestine against a genocidal onslaught. He pointed out that it is no surprise that SA is United States President Donald Trump’s first victim. ‘I think what this requires us to do as a society, together with our allies in the international community, is to stand firm and to unite, and to recommit ourselves to these values that we just recited in the preamble to our Constitution.’
Mr Nel said that if the Constitution does not reflect the daily lives of South Africans, it risks being easily discredited when people see a disconnect between its words and their lived reality. He added that the theme he was asked to speak on is particularly important because it speaks volumes to the very DNA of an organisation, such as NADEL, which is an organisation founded on two fundamental roles. First, to organise legal practitioners, especially those who were oppressed and denied opportunities in the legal profession, in order to transform the legal profession, and second, to work as activists within a broader democratic and progressive movement aimed at transforming society. ‘Because we clearly understand that there is a dialectic relationship between those two. You cannot fully transform your society if you have not transformed your legal system and by extension also your legal profession. You will never fully transform your legal profession until you have also worked to transform your society. And I think that is one of the characteristics that has distinguished NADEL from many others and not to talk bad of other organisations but many of those other organisations have focused on organising lawyers and advancing their interest as lawyers,’ Mr Nel said.
Mr Nel added that NADEL has a unique characteristic in that it recognises transformation of the profession, the legal system, as well as transformation of society are things that go hand in hand. He said that the wisdom of that approach is evident given the international context that SA finds itself in, as well as the domestic situation. ‘We see the unashamed rise of the most reactionary and retrograde politics. Politics that suggest that we were wrong in adapting a constitutional democracy. Arguing that we should return to polemical sovereignty,’ Mr Nel added.
Mr Nel said we are seeing the rise of out-and-out racism, with people advancing a racial agenda and advocating for South Africa to be punished for bestowing a progressive agenda based on the rule of law and the fundamental principle of justice. Among other things that Mr Nel spoke about at the branch AGM was the implementation of the Legal Sector Code. He pointed out that the implementation of the Legal Sector Code is a major step forward in transforming the legal profession. He said that it took time and was a struggle in itself. Mr Nel added that it was fortunate that the former Minister of Justice raised the issue of the Legal Sector Code with the then Minister of Trade and Industry. He pointed out that the Justice Ministry is pleased that the current Minister of Trade and Industry, Minister Parks Tau did not waste time in signing and enacting the Legal Sector Code.
Mr Nel said that as expected the implementation of the Legal Sector Code was met with open resistance from those who have entrenched privileges that they are seeking to protect. He pointed out that both the Department of Justice and Department of Trade and Industry have appointed a legal team that will be contesting the application that was brought by law firm, Norton Rose Fulbright, regarding the implementation of the Legal Sector Code. Mr Nel added that what is gratifying is that almost all progressive legal organisations, especially NADEL, have come out and applied to be joined in that matter. ‘And for that we thank you and we would really encourage NADEL to work tirelessly both in your participation in that case, but also in keeping the broader activist approach to really organise and to advance the cause of transformation in the legal profession.’
Mr Nel also touched on the Legal Practice Act 28 of 2014 (LPA), which provides a framework for transformation and restructuring the legal profession in line with the imperatives of the Constitution. He said that the commencement of the LPA was a big step in the right direction. However, he said that as much as it constitutes the correct framework, the law does not execute itself. Mr Nel added that it is going to require tireless efforts from legal practitioners to make use of that framework, to give meaning and content to the provision of the LPA. ‘I do also think that the important part of the legal profession is also to instil an element of accountability and responsiveness to the broader society that the profession serves. Mr Nel said that a progressive organisation, such as NADEL should be at the forefront of advocating for living by the highest ethical standards of the profession.
Mr Nel also spoke on the draft regulation of rendering community service contemplated in s 29 of the LPA. He pointed out that in terms of s 29, ‘the Minister must, after consultation with the Council, prescribe the requirements for community service … , and such requirements may include community service as a component for practical vocational training by candidate legal practitioners; or a minimum period of recurring community service by practicing legal practitioners upon which continued enrolment as a legal practitioner is dependent’.
He added that the purpose of community service is to enhance the legitimacy of the legal system, the rule of law, and the legal profession. He pointed out that when correctly approached and correctly resourced, it can be a major tool for the transformation of the legal profession. Mr Nel also spoke about some of the challenges faced, which include state litigation, and he also announced that there are measures that are currently being put in place at the Office of the State Attorney to help ease the issues of backlogs in that office. He attributed backlogs to Road Accident Fund matters, wrongful arrests as well as medical malpractice cases.
Mr Nel pointed out that the Solicitor General has developed a number of policies which have been approved by Parliament, including, among others, policies on alternative dispute resolution, state mediation, management of state litigation and contingent liabilities, outsourcing of state legal work, and state legal representation. Mr Nel in conclusion reiterated the importance of an organisation such as NADEL, which speaks to organising the profession, as well as transforming society.
The second part of the AGM was the branch reports as well as the election of the branch National Executive Committee.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
