The Black Lawyers Association (BLA) Gauteng Branch hosted a gala dinner and meeting on 30 and 31 August 2024 in Johannesburg. The aim of the dinner was to recognise and honour the stalwarts and elders of the BLA Gauteng Branch. The awarding and celebrating of stalwarts and elders was a continuation of the event that was held by the BLA National Executive Committee (NEC) in Mpumalanga on 8 June 2024 (see ‘BLA not only contributed to the transformation of the legal profession but also of the country’ 2024 (Aug) DR 10 (www.derebus.org.za)). The gala dinner was attended by not only members of the Gauteng Branch, but was supported by Chairpersons of other branches, namely, the Limpopo Chairperson, CJ Ntsoane; Northwest BLA Chairperson, Jeff Moremi; and Eastern Cape Chairperson, Zolile Ngqeza; as well as the Deputy Chairperson of Mpumalanga, Lungisani Radebe.
The dinner was also attended by Constitutional Court Judge, Zukisa Tshiqi; Deputy Judge President of the Gauteng Division of the High Court, Judge Aubrey Ledwaba; as well as Gauteng Division of the High Court Judge Mandlenkosi Motha, who was the keynote speaker of the day. In his message of support to the branch, the President of the BLA, Nkosana Mvundlela, said that in reasserting the BLA, it is time for the organisation to take centre stage, emphasising that it does not seek to be redefined. He pointed out that reimaging, reimagining and reasserting does not align with redefining, as that would imply the organisation believes it has lost what makes it relevant.
The President of the Black Lawyers Association, Nkosana Mvundlela gave a message of support to the organisation’s Gauteng Branch gala dinner that was held on 30 August 2024.
Mr Mvundlela said the purpose for the BLA to reimage, reimagine and reassert in the centre stage is for the organisation to constantly do what Mokgonane Pitje dreamed about when he formed the BLA together with his colleagues. ‘In the same line that we are recognising that. Allow me to also recognise the Pitje Foundation members and his family, who I am told are amongst us. Without him we would not be sitting here calling ourselves the Black Lawyers Association,’ Mr Mvundlela said. He said that as the BLA reconnects with its purpose and understanding of the struggles of black legal practitioners, ‘we are conscious of the fact that the struggle is far from over. Aware that if we do not fight it, we would have misled our children, and they would never forgive us for having failed 30 years after the coming into play of this Constitution that we so much celebrate.’
Mr Mvundlela encouraged the Gauteng branch to keep up the good work and assured them that the NEC supports the branch and wants to celebrate their stalwarts and elders with them. ‘Our celebration of everyone that we are celebrating is on the basis of the role they have played in this organisation. We did not start it. We would not be here if it was not for them. Therefore, we must be able to acknowledge them, when they are still here. We cannot keep coming to talk in your eulogy that you were such a good comrade,’ Mr Mvundlela added.
The dinner was also attended by the Premier of Gauteng, Panyaza Lesufi. In his speech he said, during apartheid, he was in and out of prison but not once has he paid a single legal practitioner that represented him in court. He added that all this was purely because of the legal minds that took it on themselves to represent him and others and to be part of the transformation agenda. He pointed out that when he received the BLA invite, he thought it would be the perfect opportunity for him to start a new transformation agenda. ‘The transformation agenda that will ensure that we are well represented. The transformation agenda that will ensure that we deal with issues that confront us, but most importantly, the transformation agenda that will open doors for all of us,’ Mr Lesufi said.
Mr Lesufi added that as the country celebrates the seventh administration government and the leadership of the country by President Cyril Ramaphosa who is a legal practitioner, it is appropriate and important not only to congratulate the BLA but assign it a new task. ‘We are of the view that your voice is there, but your voice is not strong. We are of the view that there are things that need your immediate attention and that attention is limited. We are of a strong view that your institution is growing but the growth becomes a transactional relationship rather than the BLA that was established by those that established it to be not only the voice but to be the defence force of our communities,’ Mr Lesufi said.
Mr Lesufi pointed out that he raised this purely because there are many things that tend to enter the space. He said that it is very difficult at this present moment to determine as government whether they should consult the BLA or other progressive legal constituencies to assist government to deal with the challenges they face. He spoke about the current state of the Johannesburg Central Business District (CBD) and said that it used to be a city that competed with others in the world, however, that has changed as it is in shambles. Mr Lesufi pointed out that the Gauteng government wants to intervene, and redevelop, and redefine that city. However, he said that there are some challenges as there is no common vision with those we think are progressive. ‘Whether we enter a particular space is going to be a transactional relationship or a transformative relationship,’ Mr Lesufi added.
Mr Lesufi pointed out that the resistance would not be in the best interest the country and the province. But the resistance will be in the interest of those that are representing those opposing the transformation agenda. ‘Johannesburg CBD is a shame. It is an embarrassment. It is not the only city. We cannot have any city that is close to an international airport to go down like Kempton Park,’ Mr Lesufi added. He said that Kempton Park survive through three things, cash loans, cell phone repairs, and crime. ‘It is important that we reposition ourselves in a developmental agenda, rather than an agenda that will delay the transformation of our society.
Mr Lesufi said: ‘I come to you for a dialogue and for an open discussion that when we enter and rebuild this particular province, and rebuild institutions that have made all of us, we enter the debate on the basis of the transformation agenda and the ethos that represents the BLA. We are of the view that you are not ordinary black lawyers. We are of the view that you are an agenda that made us to be where we are. We are of the view that you have to enter into the next dialogue on the role, the functions, but most importantly, how do we take our country forward. You brought us here on the basis of your belief for a better South Africa. You brought us here on the basis of your belief of a transformational agenda. You brought us here in the belief that what you do is better when you do it collectively together, rather than doing it as your own association and your own institution.’
Mr Lesufi spoke about how corruption has disrupted the transformation agenda. He added that legal practitioners to are not immune to corruption. He referred to the report that was released by the Minister of Health, Aaron Motsoaledi, together with the Special Investigating Unit. ‘There are many cases, but reference will be the Zondo Commission that captured the essence of corruption in our country. But we should collectively come as stakeholders in this transformation and developmental agenda, that now is the time that when we hire, we hire the best. Now is the time that when we find you as corrupt let us ensure all of us condemn you rather than be a part of defending the wrongs. And let us all agree that it is very important that we reaffirm and reestablish our country,’ Mr Lesufi added.
In the message of support from the judiciary, Deputy Judge President Aubrey Ledwaba, spoke on behalf of the Judge President of the Gauteng Division, Dunstan Mlambo.
In the message of support from the judiciary, Deputy Judge President Aubrey Ledwaba, spoke on behalf of the Judge President of the Gauteng Division, Dunstan Mlambo, in absentia. He said that the judiciary supports the BLA, and not only by word of mouth but there were certain actions the judiciary took to ensure that they support the BLA. ‘I remember there was a time where we urgently needed acting judges, and I had to get to my contacts. The BLA was in a conference at Sun City and I told them please send me a list urgently because the list that I had was only dominated by whites, I also need you to be a part of this transformation.’
Judge Ledwaba also said they meet with the BLA regularly, with the branch, and they have had honest conversations with the organisation about matters of importance. ‘I am encouraging you as an organisation to keep on coming to us and we are more than willing to support you,’ Judge Ledwaba added.
Judge Mandlenkosi Motha gave the keynote address at the BLA Gauteng Branch’s gala dinner on 30 August 2024.
In his keynote address, Judge Motha told members of the BLA in attendance that he sees future judges among the delegates. He said that when they eventually ascend to be judges they must protect the integrity of the judiciary against unfair and unwarranted attacks. Judge Motha added that they must put the country ahead of their own interest and love South Africa and her people. ‘Serve them with distinction. Prioritise them above all else,’ Judge Motha said. He also expressed and thanked the BLA for supporting his nomination to be elevated to the Bench.
Speaking about the Bench, Judge Motha pointed out that the Bench is a lonely and thankless environment, filled with challenges. However, he said that by its very nature, it generates animosity and admiration in equal measure. He added that as a judge one will make enemies. Some who loose in litigation and will be convinced that the judge is biased, unfair and even down right bought. ‘We need to know that judges are human, and they do make mistakes, that is why we have the appeal division,’ Judge Motha said.
Judge Motha also spoke about the challenges at court, including bad infrastructure, attacks on judges, as well as the judiciary being overloaded. He said judges are overworked. He pointed out that he does not know how female judges manage, as they still have to take care of home duties, of being wives and mothers, caregivers, and still have to do domestic chores.
Judge Motha said daily there are effectively 30 judges working on 50 to 60 civil trials, 30 to 40 default judgments mostly, RAF matters, 15 to 20 trial matters, 750 unopposed matters per week, amongst other matters. He pointed out that each judge is expected to handle a load of 600 cases per month. He said the system is flawed and will collapse. He said it is on life support and survives due to the intervention of acting judges who act pro bono, whom he described as heroes and heroines.
Senior member of the Black Lawyers Association and Chairperson of the Legal Practitioners Fidelity Fund, Peppy Kekana with the organisation’s Treasurer General, Fezeka Magano. Ms Kekana was amongst the members who were awarded certificates for the role they have played in the organisation.
In a panel discussion made up of Justice Tshiqi, Acting Judge of the Labour Court, Connie Phakedi, as well as South African Women Lawyers Association President, Nomaswazi Shabangu-Mndawe, and Judge Nelisa Mali. Justice Tshiqi said burnout is a lived experience for many professionals. She spoke about how women are expected to fulfil roles as wives, mothers, and daughters, honour their domestic duties, and are expected to produce quality work. She added that burnout occurs progressively and said one needs to take care of themselves and also find a hobby that will from time to time take one’s mind off work, such as playing golf. Other panellists also shared their own experiences and emphasised the importance of taking care of one’s mental health. They also shared other tips to prevent burnout.
At the end of speeches and the panel discussion, Mr Mvundlela together with other NEC members, handed out awards to stalwarts and elders of the BLA. He said the purpose of awarding the identified recipients, including judges, is to ‘give them their “flowers” while they are still among the living,’ and to acknowledge their role as senior members of the BLA. Furthermore, for teaching and continuing to teach how best to be a BLA member and how to relate to the BLA. The recipients of the awards include –
The members of the Black Lawyers Association’s Gauteng Branch.
Judge Motsamai Makume gave the keynote address at day two of the two day event held by the Black Lawyers Association on 30 and 31 August 2024.
On day two, keynote speaker Judge Makume shared how, as a young legal practitioner, black legal practitioners stood together, supporting each other on issues such as access to legal services and where black legal practitioners should practice. He said that it was against this background that the constitution of the BLA includes a clause that states the objective of the BLA was to increase the number of black legal practitioners in the country. ‘We made sure that every little township should have a black legal practitioner practice next to it or around there, so that people can have access to the legal services,’ Judge Makume said.
Judge Makume said they had decided that they should take black people as article clerks. He pointed out that it was difficult back then. He added that they also created a bursary fund and set up a candidate legal practitioner’s support scheme. ‘It was as a result of that, that most of us were able to take three candidate legal practitioners each year,’ Judge Makume added. He said it was also as a result of this that the law society took notice of black legal practitioners. ‘They realised that we are increasing in numbers, and it was through the BLA Legal Education Centre that we were able to run this thing successfully. And we also had a bursary scheme to support black graduates to finish their studies at universities.’
Judge Makume also touched on the challenges of the legal profession and the judiciary. He pointed out that if it was not for the legal profession volunteering some of its members to act pro bono the situation at courts could have been worse. ‘We need the BLA to speak to its senior members to make themselves available for acting stints, even if its only for the week or two, that will make a difference. We regret that it has to be pro bono. In the past when one used to act, they were paid. Something needs to be done, you cannot spend two weeks at court and not get paid,’ Judge Makume added.
This article was first published in De Rebus in 2024 (Oct) DR 8.
