Legal practitioner Ugeshnee Naicker.

This month in our Women in Law column, we feature legal practitioner, Ugeshnee Naicker, who was born in the seaside town of Port Shepstone, located on the east coast of South Africa. She told De Rebus news reporter, Kgomotso Ramotsho, that her story is anything but conventional, as she has faced many challenges including the loss of her husband and ill health along the road. However, she added that she has also received great opportunities to work and serve in the profession.

Ms Naicker matriculated from Port Shepstone Secondary School. She started her law studies at the University of South Africa and then completed her LLB degree at the University of KwaZulu-Natal. Ms Naicker worked briefly as an intern at the Office of the Family Advocate before she secured her articles of clerkship at a firm in Port Shepstone. She pointed out that it took her almost two years and numerous rejections before she was able to secure a contract for her articles. Fortunately, for her, she was granted a contract at one of the best firms in Port Shepstone.

In 2012, Ms Naicker said she began her articles at Seethal Attorneys under the principalship and mentorship of Mr Gregory Larry Seethal. She added that Mr Seethal insisted that candidates do a period of two years of clerkship to be properly prepared for entrance into the profession. ‘I am appreciative of this because I found great value in serving a period of two years. Articles are a time of rude awakening for any young person entering the profession. You quickly realise that the legal profession isn’t the glamorous profession as portrayed in television series. You come to understand the true meaning of hard work, work ethic and deadlines. There is no easy way around it because it is a stage during which you are polished and groomed for entry into the profession,’ Ms Naicker said.

Kgomotso Ramotsho (KR): How did you decide that you want to become a legal practitioner and why?

Ugeshnee Naicker (UN): I had no idea of what I wanted to pursue because of medical challenges that I faced during my matric year. Despite this and with great family support I persevered against all odds. It was at this time that I experienced the tragic consequences of poor medical care by professional doctors. Embedded in me already was a keen sense of justice as my father was an activist during the Apartheid era which spanned the Black Consciousness Movement and, thereafter, the Mass Democratic Movement. As a child I was taught about equality and justice, and it is these values that still guide me today.

When faced with such personal injustice I was determined to do something about it and to contribute to society and to bring about change.

KR: How long have you been practising as a legal practitioner, and in which area do you specialise in?

UN: In 2016, I opened my firm Naicker Attorneys in Port Shepstone. I focus on civil work in my firm, specialising in commercial law and the drafting of contracts, compliance, and family law.

KR: Please share your experience as a candidate legal practitioner with us.

UN: Like all other LLB graduates I too experienced the gap between LLB studies and the profession. Without a supportive team from your firm, it is a difficult gap to bridge for a candidate. My principal and the support staff at the firm provided me with this support.

It took a lot of personal strength and courage for me, as I once again faced health challenges and debilitating health that affected my work performance. Fortunately for me my principal Mr Seethal would not allow me to fall or fail and instead he pushed me to complete my Board examinations and push on to complete my articles, for which I am very grateful.

KR: You were one of the youngest Council members of the Law Society, how did you manage to take on such a role at such a young age, especially being a female legal practitioner, as we know it is not easy for women to get important or leadership roles in the legal profession.

UN: My service to the profession began in 2016 when I was elected at the National Annual General Meeting (AGM) of the National Association of Democratic Lawyers (NADEL) to serve on the Young Lawyers Desk in the executive committee of NADEL. Under the Presidency of Mr Mvuzo Notyesi and the Secretary General, the late Judge Patrick Jaji, the NADEL executive were very forward thinking. They had already begun to empower women and young attorneys. In that year NADEL already boasted 50% of its executive posts being occupied by female practitioners. I later served as the Deputy Secretary of NADEL.

I had the privilege of representing NADEL at many conferences including the Women in Law Dialogue held by the Department of Justice and Constitutional Development and the Legal Education Conference held by the Law Society of South Africa (LSSA). Together with a selected group of young lawyers we represented NADEL at the Pan African Lawyers Union annual conference held in Durban and the Southern African Development Community Lawyers Association conference in Botswana. Serving NADEL also gave me the opportunity to work with very senior members of the profession and I was privileged to be part of the NADEL task team that researched and prepared representations to Parliament on the amendment of s 25 of the Constitution.

The Youth Desk initiated the legal representation programme for students arrested during the #FeesMustFall protests. I organised and hosted the first ever National Young Lawyers Summit hosted by NADEL in which young practitioners across the profession participated, giving young attorneys a voice.

It was also during this time that I was nominated to serve as a councillor on the then KwaZulu-Natal Law Society. I was one of the youngest councillors to serve on council under the guidance of Mr Asif Essa. At that time, I was appointed the NADEL Chief Whip at the KZN council. It was the learning experience of a lifetime.

I did, however, experience many challenges and hostile situations while serving on the council. At one time I was taken aside and warned that I should not accept the nomination to council because it might not be good for me in the future.

During this time the profession faced many contentious issues as we were ushering in the Legal Practice Act 28 of 2014 and the Legal Practice Council. Provincial Law Societies were engaged in National Forum negotiations. It was at this time that I learnt the importance of being able to stand up and defend organisational decisions without fear or favour. We were concerned with the transformation of the profession and making the best decisions with the future of the legal profession in mind.

I was and I have always been guided by organisational principles and my inner compass of justice and equality. It was a time of frank and robust debate, and it was not an easy time for anyone to be in leadership. It was Judge Jaji who taught me that in a collective every decision taken must be based on principle. Collective decisions must be owned and defended by yourself and the entire collective that you represent.

KR: You are very vocal regarding the struggles or challenges that women face in the legal profession. Not only the bad treatment that some receive but also the abuse that happens. What is it that you think can be done to address such issues?

UN: As a young attorney and a young woman serving in this role, I recall being called ‘little girl’. Once I was even asked by one of the senior attorneys to make him tea. These are minor incidents compared to some of the horrific abuses that some women have faced in the profession. I have always been of the view that the struggle of women lawyers must be fought in the main and not in the periphery. In the past three years we have seen women leadership rise in the profession bringing the struggle of women to the forefront of the profession.

Our core struggle as women is against the core values that drive our entire society and economic system. While we fight to dismantle these oppressive values that favour male dominance, we must in the meantime have practical, tangible solutions. Especially for cases of abuse in the profession. The LSSA Women’s Month Webinar series was a step in this direction. As a very basic principle, practitioners who abuse their power and exploit the weak bargaining power of junior and female practitioners must understand that this is the era of zero tolerance. We must work towards a solution that allows professionals to come forward in such cases while at the same preventing the abuse of such a complaints system.

KR: Do you think male legal practitioners are listening and recognise that women are equally hardworking and deserve recognition for their good work? And they can lead with excellence?

UN: In the governance structures of the profession there have been positive changes for female leadership. However, this is not true for the general body of the profession. While male practitioners may recognise that women are equally hardworking and deserve recognition, I believe that this also inspires fear in them. There are only so many seats at a table and only so many slices of the pie to go around. The legal profession has developed a culture of exclusion and practices for example where major contracts are sometimes concluded in bars, on golf courses and in the homes of the affluent.

We must be honest in recognising that our profession is extremely competitive. Women may be used as window dressing in companies and organisations or token leadership, this is unacceptable. The growth and development of other women may be deliberately stunted by other female practitioners who feel threatened. It is another challenge that we face as women.

Currently I serve as a representative in the LSSA Executive Committee and the House of Constituents. I serve on the Family Law and Alternative Dispute Resolution Committee and as a member of the Section 35 Task Team in responding to the recommendations of the South African Law Reform Commission. I also lead the LSSA Legal Education and Development University Task Team.

KR: What are some of the challenges that you have faced as a young female legal practitioner?

UN: As a leader and as a legal practitioner I have experienced many challenges. We work within the legal superstructure. At some point in time this superstructure was the basis upon which racial inequality was meted out upon the masses of our country and justified. It is also a system which has been slow to transform. Therefore, when you push for transformation of the profession including creating a profession that is empathetic towards the professionals who work in it, you encounter many challenges.

You will not always be recognised for your hard work and in some instances male counterparts will want to take recognition for your work. As a female legal practitioner, you will be compensated less than your male counterparts or not be offered partnership or directorship. Some clients will want to be represented by a male attorney rather than a female attorney despite your ability.

I have had the privilege of being mentored by some of the best leaders in the profession. I have also enjoyed great support from legal practitioners and from staff, support staff and management, male and female alike.

In leadership there are core principles that preserve the unity of the collective. One of these principles is understanding that no matter how robust we debate topics in meetings and even when we cannot find each other on an issue, when we leave that space, we are not enemies, we are colleagues, and we are comrades. When you are in a position of leadership you must expect to be disliked. Leadership recognises that in this space it is a battle of ideas, and nothing should be taken personally.

It is always about execution, whether it is preparing for a meeting, for a case or even presenting at a seminar or organising a Young Lawyers Summit. Execution of an idea means dedicating hours and days of your time. Hard work is necessary in order to make execution possible.

KR: How do you stay grounded and yet so fierce and hardworking as a young female leader?

UN: The ideal that keeps me grounded is the dream that many people in our country fought for, including my father and that is the ideal of an egalitarian society free from inequality and poverty. At my core, I believe that there is no need for starvation and poverty at this level of development. If we can send a man to the moon surely there is no place in the world that aid and food cannot reach. If you cannot view all people as equals, you will be unable to demonstrate this value in real life.

KR: Do you have advice for female legal practitioners who might be out there, ready to give up, because they may feel that they have tried and done their best, but things are not getting better for them, they are not getting the recognition and respect they deserve, no matter how hard they work?

UN: My advice to young practitioners and female practitioners is to understand that we work within an unfair and unequal system and that it is up to us to bring about change and transformation. Persevere no matter what life may hurl at you. You may not always be recognised for your efforts and hard work. Servant leadership means that you do not need a position or recognition to lead. A true leader can lead from the periphery and live the change they want to see. You do this by executing even menial tasks to the best of your ability as your work is a representation of who you are and your value system. You do not need to be recognised to be the best at what you do.

KR: What keeps you going every day? What is your motivation to get up and make sure that people receive access to justice?

UN: I lost my father and my husband one year apart. In the face of hardship and tragedy, it is my baby daughter, my niece, my mother, and my sisters who have kept me alive and afloat and motivated. It is knowing that in as much as we are legal practitioners, leaders, and professionals we are also mothers, caregivers, and homemakers. We have homes to lead and children to rear. The continuation of a species and the values of a generation are also placed in our hands. When all is said and done, for us all, it is to love and family that we must return. We return to our humanity. The profession should ever grow in this value.

This time has also taught me about the reality in which we live every day and that access to justice is not only access to courts. Access to justice for everyday people is filling out forms at home affairs, access to clean drinking water, access to affordable food and electricity. It is the comfort of knowing that your sick loved one is in the care of competent doctors and nurses. Access to justice is not just the responsibility of about 31 000 practicing attorneys, it is the responsibility of an entire society, but it should begin with us as a profession to which the defence of the Constitution has been entrusted.

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

This article was first published in De Rebus in 2022 (Oct) DR 20.