Minister of Justice and Correctional Services, Ronald Lamola, joined the legal profession in paying a special tribute to the late Justice Yvonne Mokgoro who passed away on 9 May 2024. Mr Lamola  was the keynote speaker at the Black Lawyers Association’s (BLA) Branch Meeting in Limpopo on 11 May 2024. Mr Lamola said that Justice Mokgoro’s admirable and impactful contribution to the development of the constitutional jurisprudence in South Africa (SA) had a huge and lasting impact in the administration of justice.

He described the late Justice Mokgoro as a trailblazer and distinguished jurist, thanking her for her selfless dedication and commitment to the development of a path for social justice, especially in the fields of human rights, customary law, and the impactful contribution to society, especially for women and children.

He added that Justice Mokgoro, who was born in Galeshewe, Kimberley in the Northern Cape in 1950, came from humble beginnings. Starting her career as a nursing assistant and later as a retail salesperson before her appointment as a clerk in the Department of Justice of the erstwhile Bophuthatswana.

Mr Lamola pointed out that as one of the first justices of the Constitutional Court in the democratic dispensation in 1994, Justice Mokgoro dedicated her time on the apex court Bench to champion the transformation agenda in the Judiciary, she also penned most of the ground-breaking judgments, which secured a place for ubuntu in our jurisprudence. He said that the powerful and unique impact of her judgments and judicial philosophy are the best description of her approach and understanding of jurisprudence.

He added that as a member of the Constitutional Court for 15 years, Justice Mokgoro was active and engaged, with her most lasting contribution being her efforts to Africanise human rights through the dignification of the law and the operationalisation of ubuntu as a constitutional value.

Minister of Justice and Correctional Services, Ronald Lamola, was the keynote speaker at the Black Lawyers Association’s Branch Meeting in Limpopo.

Mr Lamola said in Khosa and Others v Minister of Social Development and Others; Mahlaule and Others v Minister of Social Development and Others 2004 (6) SA 505 (CC), she declared a law that reserved social grants to South African citizens to the exclusion of permanent residents in conflict with the Constitution.

Continuing with his address under the theme ‘30 Years of Democracy Through the Lens of the Legal Profession,’ Mr Lamola told delegates that South Africa has weathered the storms of the COVID-19 pandemic and the July 2023 unrest, marking a particularly difficult period in the country’s democratic past. He added that Statistics South Africa indicates that the economy is now back to pre-COVID-19 levels. He said the profession has to consolidate to ensure that the country will be able to have the level of economic growth that will enable SA, to create jobs and continue to attract foreign direct investments in the country.

Mr Lamola said that legal practitioners stand as inheritors of aspirations forged by Nelson Mandela and Oliver Tambo and their legacy propels legal practitioners to move forward. ‘Bram Fischer, Victoria and Griffiths Mxenge, Duma Nokwe, Bheki Mlangeni are legal heroes and … we stand on their shoulders. Some from the gallows. Imagine invoking their spirits today, reporting back on our progress. Picture the benches where they once stood, saving lives from the jaws of injustice. Those benches, once presided over by 160 white male judges, we now are witnessing a new era,’ Mr Lamola said.

‘As, Yvonne Mokgoro – a stalwart of our democracy – joins our ancestors. Our first black female judge in the highest court, shattered ceilings. The sky now knows no bounds for black women in the legal profession,’ Mr Lamola added. He said that as the seventh administration dawns, SA courts reflect progress, with 182 black judges, 123 women, and two judges living with disabilities serve our nation. He noted that a woman has been nominated by President Cyril Ramaphosa to be the next Chief Justice, after having already led as the first black female President of the Supreme Court of Appeal.

Mr Lamola said that among the 1 652 magistrates in the country, 1 017 are black magistrates, 846 are women, and eight magistrates live with disabilities. He pointed out that this is a new face of the South African Judiciary and the justice system. ‘Indeed, there is progress,’ Mr Lamola added. He said that transformation has happened in the past 30 years in the legal profession and the Constitution has enabled a new generation of legal practitioners, to come in and be the new face of the judiciary. ‘We have to ensure that we continue to produce lawyers of Justice Mokgoro’s calibre who are impactable, with integrity, empathy, and honesty. This journey of transformation goes with responsibilities,’ Mr Lamola said.

Mr Lamola said as the profession produces generations of practitioners, there must be legal practitioners who do and commit to further planning, but also continue to contribute to the country’s democratic project plan. ‘To protect and defend the gains of SA’s democracy. As we navigate the complexities of our justice system, let us celebrate this rich history, knowing that our collective strength propels us toward a brighter tomorrow. A journey of progress in 30 years,’ he added.

Mr Lamola said that the Legal Practice Act 28 of 2014 (LPA) has made progress towards a transformed legal landscape. He added that while contestation continues, the fusion of the two professions – attorneys and advocates – is gaining momentum. He said that most recently the government has changed the old colonial approach used to honour those who take the profession to new heights.

‘Whereas it was only Senior Counsel status reserved for advocates, which represented the zenith of the legal profession, we now honour attorneys as Senior Attorney. Whereas we inherited racially based regulatory bodies we now have geographically based regulatory bodies with a national coordinating layer below it,’ Mr Lamola said.

Mr Lamola pointed out that there are still some challenges that require collective wisdom. ‘Amongst those is our contribution to access to justice. Whilst we regard ourselves as providing a service to the people, we must also know that justice is served by the people for the people. We recently released from the South African Law Reform Commission, the fees report which shows that legal services are extremely expensive and unaffordable for the people of our country. Therefore, hindering access to justice. We have sent this report to the Legal Practice Council (LPC),’ Mr Lamola added. He said that organisations, such as the BLA and National Association of Democratic Lawyers, should engage on this, as his office will soon consult with the legal profession on the matter.

Mr Lamola said legal practitioners have a duty to the community and society, as well as to the Constitution,  and one of the duties relates to access to justice for the most marginalised and for society. ‘Our country with the most unequal society also gives an added burden on us as practitioners to go beyond the call of duty. In the past 30 years we have also transformed the office of the State Attorney. In terms of the services that we provide, but also in terms of its work when it briefs counsel,’ Mr Lamola added.

Minister of Justice and Correctional Services, Ronald Lamola with the Black Lawyers Association (BLA), Limpopo Branch Executive Committee and BLA President Nkosana Francois Mvundlela.

Mr Lamola pointed out that 85% of briefs from that office go to black legal practitioners and about 45% go to black female legal practitioners. ‘We are very clear that in this coming financial year we want to see 50/50 in briefing pattens for black legal practitioners, women and men,’ Mr Lamola said. Mr Lamola also revealed that one of the challenges they have at the office of the State Attorney, is that the Special Investigating Unit has concluded an investigation, which will be published soon. The report will be taken to Parliament because officers in the state attorney and officials in other environments, such as medico-legal claims, have in some instances submitted fraudulent claims and that this was most rife in the Eastern Cape.

Mr Lamola also told attendees that his office supports the promulgation of the Legal Sector Code. He said that they are clear, and this has been conveyed to the Minister of Trade, Industry and Competition. Mr Lamola said he is aware of their support. He said practitioners can go to the website of the Department of Justice and can see who has been briefed. ‘You can see how many black lawyers have been briefed and for how much. It is transparent. It is open,’ Mr Lamola said. He pointed out that this will ensure transformation is happening in real time.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.