Members of the Black Lawyers Association’s Student Chapter in Bloemfontein.
Back row from left: Brendon Ncube; Tshegofatso Kraalshoek and Rhulani Ndlovu.
Front row from left: Nkosazana Mrwetyana; Nthati Olifant and Naledi Matutle.

The Black Lawyers Association (BLA) held its National General Meeting (NGM) on 26 and 27 May 2023 in Bloemfontein. A closed session was held on 26 May and guests and delegates were invited to attend the open session on 27 May 2023. At the NGM, the former Deputy President of the BLA, Judge Mabaeng Denise Lenyai welcomed guests to the NGM, which was held under the theme: ‘The past, the present and future: Law as a tool for social justice in a developmental state’.

Judge Lenyai said the theme was relevant as legal practitioners continue to confront the full range of human rights challenges, which are facing South Africa’s (SA’s) developmental democracy. Judge Lenyai gave examples of basic human rights, that are challenges, such as the cholera outbreak in Hammanskraal.

Judge Lenyai added that legal practitioners need to use their positions to campaign for social justice and create impactful solutions for the future. She said that the BLA, as the transforming voice of the voiceless, must use its knowledge capital and networks of business and civic organisations to forge collaborations for the advancement of equality, equity, and justice.

Former Deputy President of the Black Lawyers Association (BLA), Judge Mabaeng Denise Lenyai welcomed guests to the BLA’s national general meeting, which was held under the theme: ‘The past, the present and future: Law as a tool for social justice in a developmental state’.

Judge Lenyai also thanked the delegates for their hard work to promote access to justice. ‘Your contributions and participation will further grow the BLA into a formidable organisation that represents the legal sector and communities at large,’ she said.

Judge Lenyai also used the opportunity to thank everyone for their support, guidance, and lessons over the years, as well as the nomination to the Judicial Service Commission. She noted that it would be her last NGM as the Deputy President of the BLA as she had been appointed to the Bench. ‘I am worthy because of your belief in my capability. … The BLA will hold a special place in my heart. I know it will grow from strength to strength in advancing the interest of black lawyers and transforming the legal sector,’ Judge Lenyai concluded.

What is the duty of legal practitioners in a developmental state?

One of the invited speakers to the NGM, was the Judge President of the Free State Division in Bloemfontein, Cagney John Musi. Judge President Musi said that when looking at the theme of the day, two terms stood out for him, namely, ‘social justice’ and ‘developmental state’. He said that in SA, many people live on the margin where the socio-economic rights referred to in the Constitution are not ‘up-there’, and to see that one need only look at the number of matters being referred to the Constitutional Court (CC) to enforce those socio-economic rights. He added that budget constraints hamper the development of the state and that is why many cases referred to the CC will be progressively realised. ‘I say progressively in the sense that all the rights cannot be realised immediately, taking the state’s constraints into consideration,’ he said.

Judge President of the Free State Division in Bloemfontein, Cagney John Musi said that in South Africa, many people live on the margin where the socio-economic rights referred to in the Constitution are not ‘up-there’.

Judge President Musi said many legal practitioners go to university, study, and enter practice with a jaded view of what a legal practitioner’s job is, namely, to make money and look after their family. He said that in a country like SA, legal practitioners should put such thoughts on the backburner. ‘To be a [legal practitioner] one’s duty is to the betterment of society and the community and to make sure that every person enjoys their rights,’ he said. Judge President Musi said it is a privilege to study and it is a privilege that should be harnessed to make sure South African’s have a better life and that the developmental state will grow rapidly and adequately to make sure the people have the means to make a better living.

Judge President Musi referred to the cholera outbreak in Hammanskraal, adding that such incidents should not happen in a country like ours. He asked how aware legal practitioners are of the social ills and what do they do as a profession, whether collectively or individually, to make sure the government performs and does what it ought to do? He added that basic human rights are entrenched in the Constitution, and it is only the legal profession that can make sure that the members of the community enjoy these rights.

Judge President Musi said that in this day and age, after we have struggled to make sure SA is a better place for all those who live in it, sitting and folding our arms is not the order of the day. He added when bad things happen around us, legal practitioners should make sure that they stop the situation, adding that the theme of the NGM was a relevant topic in SA as the country is going into an election year.

Keynote address

Judge at the Land Claims Court, Luleka Flatela was the keynote speaker at the Black Lawyers Association’s national general meeting. She referred to the 63-year anniversary of the Ingquza Hill massacre during her address.

Judge at the Land Claims Court, Luleka Flatela was the keynote speaker at the NGM. Judge Flatela said it was a humbling experience speaking to the BLA on the topic, and started off with a quote from the book, I Write What I Like: Selected Writings (1978) by Steve Biko where it reads: ‘Merely by describing yourself as black you have started on a road towards emancipation, you have committed yourself to fight against all forces that seek to use your blackness as a stamp that marks you out as a subservient being.’

Judge Flatela referred to the 63-year anniversary of the Ingquza Hill massacre, which took place in Lusikisiki, in the Eastern Cape. She said that the rural AmaMpondo fought against the regime who was using the law to control the people and to take their land. The government of the time open fired on the ‘rural peasants’ and 11 people were killed and many others were injured.

‘The history of how the law, in the past, was used to enslave people is a reminder that we come from that history,’ Judge Flatela said, adding that this story was told to her by her father, and at the time of hearing the story she felt that there should be justice for such people. It was then that she applied for a learnership, enrolled for her a BProc degree, and joined the student movement, and she also established the BLA’s Student Chapter at Walter Sisulu University.

Judge Flatela said that the BLA encourages its members to enrol in commercial law courses and the like, but ‘the BLA did not inform us on how to establish a non-profit organisation (NPO), to advance the struggles and put the rights of the people before the court,’ she said. She noted that NPOs advance the socio-economic rights of the people on behalf of the people. Black legal practitioners are nowhere to be found in this arena. ‘All the matters that black legal practitioners should be handling are handled by the NPOs and it keeps government on their toes and keeps government aware of people’s rights’, Judge Flatela added.

Judge Flatela explained that a developmental state, such as SA, is a state that was recently formed and includes everyone in the state. The government is intimately involved and uses its resources to advance the people’s rights by creating a better life for the people, by using the resources at its disposal. She added that legal practitioners should not be deterred from advocating people’s rights. ‘I wish to encourage you, not to only look at the 25% of fees that you can make in a matter, but look at human rights matters, at the people who are likely to die of cholera, or lack of healthcare, children who are likely to die due to pit toilets. Do not ignore the call, you need to look at issues to advance the people’ she concluded.

Chairperson of the Legal Practice Council, Janine Myburgh, said that as South Africans look in the past, we know that the law has not always been used as a tool for achieving social justice.

Messages of support

Various organisations gave their messages of support to the BLA. The Chairperson of the Legal Practice Council (LPC), Janine Myburgh, said that as South Africans look in the past, we know that the law has not always been used as a tool for achieving social justice. She said that the country has come a long way, but when we consider the present, there is still much to be done. She said that it is imperative that the legal system continues to evolve and adapt to the needs of society.

Ms Myburgh said she was concerned with the lack of decorum in courts by practitioners. Adding that legal practitioners should hold themselves and their fellow practitioners accountable when dealing with the judiciary, the magistracy, stakeholders, and the public. She said that a lack of decorum is a danger to the standards and dignity of the profession and the rule of law.

Ms Myburgh noted that the LPC is concerned about the outcome of the examinations. She said that the LPC was holding regular meetings and forums with stakeholders and is continuously addressing the situation.

Law Society of South Africa’s (LSSA) President, Eunice Masipa said that the LSSA will continue to work with the Black Lawyers Association and will continue with their commitment to work on transformation, gender, and youth issues.

In her message of support to the BLA, Law Society of South Africa’s (LSSA’s) President, Eunice Masipa said that the LSSA will continue to work with the BLA and will continue with their commitment to work on transformation, gender, and youth issues. Ms Masipa said as the organisations come together, they need to ponder on the current position of the legal profession. Increased regulatory fees, compliance costs and personal indemnity costs must be looked at and resolutions must be taken.

Ms Masipa said that as we celebrate 100 years of women in the profession, we cannot ignore the fact that current structures do not accurately reflect the current population of the country, adding that we must actively work to give every woman a voice and promote gender transformation.

Other messages of support were given by the Vice-President of Organised Business in the Black Business Council, Gregory Mofokeng, Deputy President of the South African Women Lawyers Association, Lily Malatsi-Teffo and Legal Practitioners’ Fidelity Fund Chief Executive Officer, Motlatsi Molefe.

After the morning’s session, an award of appreciation was given to the family of Judge Khalipi Jacob Moloi who passed away in 2017. Judge Moloi was a former President of the BLA and served two terms.

BLA President, Bayethe Maswazi, thanked the family for sharing Judge Moloi with the legal fraternity. He said he would like the family to remember that the token of appreciation means that the Moloi family has a special place in the BLA’s heart.

Black Lawyers Association (BLA) President, Bayethe Maswazi handing over a token of appreciation to family representative, Lumkile Moloi, whose father Judge Khalipi Jacob Moloi passed away in 2017. Pictured with them is the Secretary General of the BLA, Mamathung Charlotte Mahlatji.

Kathleen Kriel BTech (Journ) is the Production Editor at De Rebus.