Law Practice – SABWiL https://www.sabwil.org.za Igama lamakhosikazi malibongwe Sat, 09 May 2026 19:27:15 +0000 en-GB hourly 1 https://www.sabwil.org.za/wp-content/uploads/2022/01/cropped-SABWiL-Logo-512-512-32x32.jpg Law Practice – SABWiL https://www.sabwil.org.za 32 32 Digitize Litigation https://www.sabwil.org.za/digitize_litigation/ Thu, 24 Oct 2024 18:16:04 +0000 https://www.sabwil.org.za/?p=2397

SABWiL Alumni participate in Court Online workshop at the Labour Court. Dive in for the genesis report featuring the then Judge President of the Gauteng Division and then Acting Judge President of the Labour Court.

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]]> Careers, Connections & Well-being https://www.sabwil.org.za/careers-connections-well-being/ Mon, 22 Jul 2024 07:17:32 +0000 https://www.sabwil.org.za/?p=2250
Ubuntu.   The SABWiL Youth Day 2024 Commemoration arms those in law with possible  career trajectories, empowers us with an understanding of each passage and prods us to make impactful choices when considering future journeys. SABWiL hosts a senior lecturer  of  the Wits University School of Law, an advocate  with the Johannesburg Society of Advocates and candidate attorneys at the global law firms Baker Mackenzie and Herbert Smith Freehills, as well an Australian  qualified solicitor dually qualified as an Attorney in South Africa, with specialised knowledge in well-being, to lead the titillating discourse. Together we actualise the Right to Education entrenched in section 29 of the Constitution of South Africa, 1996 in honour of our 1976 Youth. Vuk’uzenzele.

 Deep dive into the synopsis here : 

Careers, Connections & Well-being

                           Listen SABWiL Legal Apple podcast      View SABWiL YouTube                                       

  Serve.                                                                                                                                                                      More ...

]]> SABWiL Shadowing at the Constitutional Court https://www.sabwil.org.za/sabwil-shadowing-at-the-constitutional-court/ Thu, 23 Nov 2023 09:16:15 +0000 https://www.sabwil.org.za/?p=2316 Read More »SABWiL Shadowing at the Constitutional Court]]>

“Tell me and I forget, teach me and I may remember, involve me and I learn."  -Xun Kuang

#SS35: SABWiL Shadowing Insights

On the 16 November 2023 I had an invaluable opportunity of shadowing Advocate Ori Ben-Zeev at the Constitutional Court of South Africa, Braamfontein Johannesburg.

I refer to this as an invaluable opportunity because a lot of aspirant legal professionals only see the inside of a courtroom for the first time when doing their articles which in my opinion can be overwhelming. Also, advocates are extremely busy people, but they still manage to give back by allowing learners to shadow them while they work.

Logistically, it is not hard to find the Constitutional Court as it is located close to the Gautrain.  The security guards are welcoming and assist you in finding your way around the building.

The main objective of the shadowing program is for aspirant legal professionals to gain a realistic understanding of what practicing attorneys and advocates do every day.  The program also helps students to enhance their academic experience.

The matter was brought before the Constitutional Court on appeal from the Supreme Court of Appeal and was enrolled to start at 10h00 am.  One of the things that caught my attention was how punctual the parties were. Everyone arrived in court early and were engaging one another cordially.  This reminded me of the saying “play the ball not the man.”

Closer to the commencement of the trial, counsel for both parties went to introduce themselves to the Justices in chambers and returned back into the courtroom.  This for me confirmed what everyone says about the profession i.e. it is a noble profession.

I was also intrigued by how well put together and organized the Court Clerks and Support staff were and how they observe the court decorum.  When you enter the court, you bow as you enter the court room or if you’re in the court room stand up and bow and then start with your submissions.  When taking a comfort break bow, walk to the door, turn around and bow again.

Seeing the eight Justices walk in was an ow-so real moment for me.  I had always watched these erudite Justices on the television and seeing them in person brought everything into perspective and re-assured me that I am meant to practice law.

Seeing how advocates argue a matter helped me to develop an understanding of the law in practice.  The shadowing programme has a positive impact on both the Legal Professional and the learner as it allows those in practice to impart to future generation of attorneys and advocates the skills needed to be successful and is a good mechanism for developing a working and lasting relationship between both parties.

This experience has taught me the importance of preparation and harnessing one’s listening skills.  In preparation for trial, parties go through volumes of documents and case law.  During your argument you must factor in questions from the Justices and should be able to answer in a manner that advances your clients case/argument.

Because the matter has not been finalised, I will not go into details regarding the merits of the case.

The issue to be argued was premised around the question whether the legislative powers of municipalities as contemplated under section 43 (c) and section 151 of the Constitution includes the power to pass a by-law that restricts the transfer of property if that property does not comply with the laws of that municipality.

The Respondent contended that such by-laws infringe their right under section 25 of the Constitution.

“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

This experience has taught me the importance of preparation and harnessing one’s listening skills.  In preparation for trial, parties go through volumes of documents and case law.  During your argument you must factor in questions from the Justices and should be able to answer in a manner that advances your clients case/argument.

Because the matter has not been finalised, I will not traverse details regarding the merits of the case.

The issue to be argued was premised around the question whether the legislative powers of municipalities as contemplated under section 43 (c) and section 151 of the Constitution includes the power to pass a by-law that restricts the transfer of property if that property does not comply with the laws of that municipality.

The Respondent contended that such by-laws infringe their rights under section 25 of the Constitution.

“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

 The Applicant alleged that the municipalities do have legislative powers under the constitution and that the impugned by-law constitute limited deprivation of property rights.  This argument brought in section 36 of the Constitution I.e., limitation of rights in terms of the law of general application. 

Counsel for the first Applicant cited case law that supported the argument that the limitation was reasonable and justifiable.  The second Applicant did however stress that there is not enough case law available to support the Applicants argument on the “reasonably necessary restrictions” of the Respondents right under section 25 of the Constitution.  This inevitably led to the Justices asking more questions and counsel for the Applicant bore the burden of convincing the court why they should find in the Applicants favour.

Both parties presented compelling arguments that propelled me to do further reading on the subject matter in order to gain a better understanding. Their arguments were logically structured.

Before attending the shadowing programme, I did not know that Municipalities derive their powers from the Constitution.  In as much as law students/graduates are expected to know the law, theory and practice differ to a certain degree.  It is only when you practice something that you gain a better understanding of it.  Same can be said during a shadowing programme that most of the Constitutional provisions and legal principles make more sense when we hear an advocate argue, citing case law and applying the provisions and principles to a real-life matter.

Listening to this case I also learned that municipalities have the right to exercise any power concerning a matter that is reasonably necessary for, or incidental to, the effective performance of its functions. This means that municipalities have the authority to exercise their powers over matters that fall outside the scope of the powers conferred by the Constitution but because such matters are closely related to the effective exercise of their functions, they are considered to be part of the municipalities functional area over which they have authority.

I look forward to reading the judgement once it has been delivered.  As mentioned above, counsel for the Applicant stressed that there is not enough case law on the matter, therefore, this judgment will set precedence for similar cases.

 CONCLUSION

This whole experience taught me the importance of not boxing myself into a single field of law.  Although this case was premised on section 25 of the Constitution, it also touched on Administrative Law, the interpretation of statutes and other aspects of law that a person wishing to practise law should appraise themselves.  Malibongwe!

Nombulelo Gumede

5th SABWiL Deputy President
LLB Graduate

]]> Arbitration is more rational than the sword. https://www.sabwil.org.za/legal-training/ Thu, 16 Nov 2023 13:43:23 +0000 https://www.sabwil.org.za/?p=2085

“At all events, arbitration is more rational, just and humane than the resort to the sword” – Richard Cobden.

A Successful Week of Legal Training with Advocate Henry Martin

South African Black Women in Law  training 

SABWiL Shadowing #SS33

From the 3rd to the 5th of October 2023, our team embarked on an enriching legal training journey led by Advocate Henry Martin. Despite the training extending over a week due to busy schedules, it proved to be a resounding success.

The kickoff on the 3rd of October took place in the virtual realm through Zoom. Advocate Henry Martin passionately delved into the intricacies of arbitration, providing valuable insights into its workings. The digital platform facilitated an engaging discourse, setting the stage for the days to come.

Adv. Henry explained that arbitration is a dispute resolution method where parties present their case to an impartial third party, known as an arbitrator or a panel of arbitrators. Unlike traditional court litigation, arbitration is typically private, and the arbitrator’s decision, known as an award, is legally binding. It offers a more flexible and expedited process for resolving conflicts outside the formal courtroom setting, often chosen for its efficiency and confidentiality in resolving legal disputes.

The 4th of October marked a remarkable transition from the virtual space to the grandeur of the Palace of Justice in Pretoria. Here, our team had the privilege of witnessing Advocate Henry Martin in action, litigating with expertise and finesse. The experience was not only educational but also inspirational, offering a real-world glimpse into the dynamics of legal proceedings.                

A pivotal moment occurred as we had the opportunity to meet Advocate Henry Martin in person. The exchange was not limited to formalities; instead, it evolved into a learning conversation where we gained valuable insights from his wealth of experience. The personal interaction added a dimension of practical understanding to our theoretical knowledge.

Scheduled to reconvene virtually on the 5th of October for feedback on our observations during the court case, unforeseen circumstances led to a postponement to the 16th of October. Undeterred, Advocate Henry Martin advised us to prepare questions in advance, promising to address all queries comprehensively during the rescheduled meeting.

The culmination of our training occurred on the 16th of October, where Advocate Henry Martin once again joined us virtually. The session proved to be invaluable, as he patiently answered our questions, providing a deeper understanding of the intricacies discussed earlier in the week.

In retrospect, the training with Advocate Henry Martin was not just a series of informative sessions but a holistic experience that combined virtual learning, real-world exposure, and interactive discussions. The diverse elements contributed to a well-rounded understanding of legal intricacies. As we concluded the training, the knowledge gained over the week left an indelible mark on our professional growth, making it a truly valuable and enriching experience.

VUK’UZENZELE.

UBUNTU. 

Authored by: Lindelwa Cheryl Zulu with

Innocentia Buda


SABWiL Shadowing with Counsel

Lindelwa is the 5th Secretary-general of SABWiL.
Innocentia is an incoming Alumna.

This moment captures their reprieve seated in court out of session whilst attending the training led by our SABWiL Luminary Adv. Henry Martin.

]]> Late Justice George Webster | Ceremonial Court https://www.sabwil.org.za/justice-webster-ceremonial-court/ Sat, 29 Jul 2023 08:51:39 +0000 https://www.sabwil.org.za/?p=2299

SABWiL  accepts the invitation of Gauteng Division Judge President Mlambo to celebrate the life of the Late Justice Webster. President Ziyabukwa lights the candle with the following address.

CEREMONIAL COURT SITTING FOR THE LATE MR JUSTICE G. WEBSTER

 Your Excellencies, Honourable guests, Ladies and Gentlemen, allow me to say all protocols observed. On behalf of South African Black Women in Law (SABWiL), I am incredibly honoured to stand here and give an address in  honour of the Late Justice George Webster.

Allow me to say “Igama Lamakhosikazi Malibongwe”, this comes at a time where we have just entered the Women’s Month. It is a time when we not only celebrate, but also reflect on our progress, both our accomplishments and the challenges we face in our fight for women’s empowerment and gender equality. While it is necessary to recognise the country’s democratic development, it is becoming increasingly critical to guarantee that women and girls see themselves reflected in our leaders.

In the words of Hillary Clinton, “We share a common future, and we are here to find a common ground so that we may help bring new dignity and respect to women and girls all over the world”. Justice George Webster embodied what it is to “be resilient” and “taking up space”, this was evident in most of the cases he adjudicated that restored and protected the rights of women and children.

To name a few the Tshepo Nkomo matter which was held in Pretoria High Court. The Late Justice G. Webster before sentencing this man to life imprisonment for murdering his girlfriend and unborn child, he said, “Pregnant women are revered and protected in our society. The protection extends to every woman, be she pregnant or not, be she young or old”, he continued to say, “Wathint’ Abafazi, Wathint’ Imbokodo” which means ‘You strike the woman, you strike the rock’. He said if the accused has never heard of it, he must try to remember it.

And also, in the earlier matter held in Potchefstroom Magistrate Court in which the case was referred to Pretoria High Court for sentencing, of Isaac Khune, who knew he was HIV-positive when he raped the two girls. Justice George Webster said that “I can find no reason to consider, even for one second, that there are compelling circumstances not to send you to jail for life” He added “I hope sometime in the future you will examine yourself and find in you some inner goodness to regret what you have done to these innocent children. Children should be loved and cherished”. He pointed out that women have the right to privacy and to walk where they please without being molested.

SABWiL is an international consciousness movement that celebrates South Africa, Blacks, Women, and Law. We are founded upon dignity, equality and freedom infused in the philosophies of Ubuntu and Zenzele, and Justice George Webster was epitome of that. We will continue celebrating his life for all the impact he had in the society for making sure that women and children’s rights are protected and justice is served.

MAY HIS SOUL CONTINUE TO REST IN PEACE.

VUK’UZENZELE!

UBUNTU,

South African Black Women in Law

 NDLOVU ZIYABUKWA 

SABWiL 5th PRESIDENT

Ziyabukwa Ndlovu

SABWiL 5th President

Watch now.
]]> To Pupil – Advocacy https://www.sabwil.org.za/to-pupil-advocacy/ Sun, 11 Dec 2022 08:59:45 +0000 https://www.sabwil.org.za/?p=1908

Self - actualisation in the legal profession

Law and Life Matters S1 E4 - a summation

  1. Courageous Academic Journey

 While studying for the Bachelor of Laws degree with University of South Africa,  Mthombisi Mthimkulu was employed full time and that took most of his time. He had to make sacrifices by waking up early as three am to study and prepare to work afterward. This was not easy as he had to do this routine on a daily basis until he finished his studies.

 

  1. University Days and Challenges

 During University days Mthimkulu recalls that he liked the ladies. This created a challenge for him, since relationships require time. He had to juggle balancing between relationships, studies and his employment. Mthimkulu realised that he would not manage all  this at once. He had to make the difficult decision of cutting out one of the aforementioned. He then reminded himself that one of the significant reasons that brought him to the institution was to obtain his law degree, this is how he realised and decided that relationships should take a back seat and he must focus his time on his law degree and employment.

 

  1. The Decision To Do Pupilage

 In the period of his studies Mthimkulu mentions that he was exposed to various attorneys. Thus he had a clear picture of what attorneys do in their day to day work from his neighbour who was an attorney at that time. However, knowing various aspects of what attorneys do on a daily basis he was not keen to work as an attorney.

 

Although he knew what attorneys’ work entails, he did not have much information regarding an advocate’s role within the legal system. He later found out through the mentor he shadowed. This is how he managed to come to grips with what advocates do in their day to day work. Through the shadowing, he also discovered his interest in becoming an advocate and as result he decided to do pupilage.  

 

  1. Day to Day Life As A Pupil – Advocate

Mthimkulu mentioned that on a day he normally does a lot of reading, drafting, research and attends lectures. Among other things pupilage also involves going to the chambers.  He is allocated to a mentor who provides work and training with various aspects that is not ordinarily taught at the university such as writing skills.  Counsel needs to draft court documents and other documents such as opinions, memorandum and the like.  This journey continues. 

 

Clement Mabasa

Author of this Law and Life podcast summation, SABWiL Alumnus Clement Mabasa, joined our fold after successfully completing the SABWiL Shadowing programme led by Luminary Attorney Denise Swartz. Alumnus Clement holds an LL.B degree.

LLM S1 E4 Tune in
]]> Becoming The Attorney https://www.sabwil.org.za/becoming-the-attorney/ Mon, 05 Dec 2022 14:00:27 +0000 https://www.sabwil.org.za/?p=1923

Law and Life Matters Season 1 Episode 5 summation

  1. Volunteering At A Law Firm

 After matriculating in 2014, SABWiL Alumnus Attorney Sibusiso Nhlapo worked at a food outlet called Nandos. While working there for some time he realised this was not the life he wanted.   He decided then and there to follow the legal route by approaching a number of law firms to work as volunteer. Fortunately, one law firm accepted his request to work as volunteer, mainly to perform duties of a messenger. Nhlapo never enjoyed working as messenger because he felt like he was overlooked and not being given an opportunity to deal with legal matters in depth. Later Attorney Nhlapo realised it was a learning curve in the sense that while he was sent around to various legal institutions, he managed to acquire insight into procedural skills whilst filing legal documents at various court departments.  

  1. Studying

 In 2015 Nhlapo enrolled with University of South Africa to study for the Bachelor of Law (LL.B) degree. Important things he has learnt other than the law,  is the value of being disciplined and independent in managing his studies.  This manifests when ensuring that assignments are submitted on time and the syllabus is completed before the examination period commences. Whilst studying, Sibusiso Nhlapo was actively involved in various organisations such SABWIL, which guides him to understand what various aspects of law entails, forming relationships with legal practitioners and fellow students who share common interests, and obtaining practical experience, which is rare at the Universities.

  1. Articles Of Clerkship

In 2019 Nhlapo graduated achieving the LL.B degree and in the same year he received three offers of articles of clerkship from the law firms he had once volunteered over the past years. This shows the significance of being active in the duration of one’s studies. During his articles he recalls not getting along with one of the attorneys he was assigned to at that time. Each time he suggested ideas on performing certain duties, his ideas were never entertained even though he had some experience from his volunteering work. 

Since they both had a difference approach on how to perform certain duties during their employment this created a conflict among them in the office. However, as time went by he was allocated to another attorney, which made things a lot smoother for him to perform his work to the fullest. Therefore, he advises that should a candidate attorney be in a similar situation, she should try by all means to avoid putting their career in jeopardy and she should always remember that candidates are there to learn, perform and complete their articles.

  1. Law School For Attorneys

At the time of attending law school, Nhlapo recalls that it was not an easy process especially the fact that he comes from a disadvantaged background. His parents had to sacrifice a lot for him to ensure he succeeds in his career. He recalls that he had to sit down with his employer to ask him to accommodate his law school timetable in order to enable him to be able to do his work at the office and as well as enabling him to attend classes at the law school.  Sibusisi Nhlapo mentioned that he had to wake up as early as half four to be able to travel to the law school, and after classes end at about half past seven to eight he has to pop out money from his own pocket to be able to travel to work. This taught him to have time management skills and to be persistent in reaching his end goal which is to be admitted as an attorney.

  1. Preparing For The Board Exams

Nhlapo mentioned that a number of fellow law graduates have the misconception that board exams are similar to the university exams.  He disagrees. Nhlapo mentions that the board examinations are hectic and a lot of work is required in preparing for this. He recalls that at that particular time he did not receive enough lessons from the classes he was attending especially for bookkeeping module.  He then hired someone paying from his own pocket. Nhlapo advises students who are about to write the attorneys’  board exams that they should prepare in time and try to split the exams into two per year during the term of their articles. In that way should one fail one, she can be able to redo it the following year and still finish in record time.

6. Admission As An Attorney

Once a candidate attorney has completed articles and passed all the board exams he or she is required to apply to the court to be admitted as an attorney. This process requires one to lodge a High Court application. A Notice of Motion together with an Affidavit has to be issued in court, and an advocate may be briefed to move the application on the given date. The particular law firm where one has served articles may take care of this whole procedure for the candidate attorney.  It is recommended that the candidate play an active role in ensuring  that this process is correct and timeous.

Tune in

Clement Mabasa

Alumnus Clement Mabasa authors the Law and Life Matters Season 1 Episode 5 podcast summation. Alumnus Clement joins our fold after successfully shadowing Attorney Denise Swartz. Clement holds an LL.B degree from the University of South Africa.

]]> The Art of Advocacy: A two-fold combination of a good oralist and a good brief https://www.sabwil.org.za/s25-shrc2/ Mon, 27 Dec 2021 08:10:40 +0000 https://www.sabwil.org.za/?p=1252

Igama lamakhosikazi malibongwe. 
SABWiL Alumni Insight Series : Herewith sparkles that perchance may adorn our journey in law. Alumna Cathrine Makwara studies the judgment rendered in the SABWiL Human Rights Court  #s25 SHRC2 and pens this prose.  

The content in the video clip of #s25 SHRC2 Property Rights Judgment can thoroughly be summarized in the quotation by Ludwing van Beethoven where he remarks that, “Don’t only practice your Art, but force your way into its secrets”. This gives a lucid picture of how the Art of Advocacy is two-folded, that is, a good brief combined with a good oralist, who seeks to go beyond what any regular counsel would do. SHRC Chief Justice Adv. Anthea Platt SC, with SHRC Deputy Chief Justice Adv. Samantha Martin concurring, poured out a fully comprehensive judgment in relation to the application of section 25(3) of the Constitution of the Republic of South Africa juxtaposed to free and equitable compensation in line with the context relayed in the facts. Drawing from the judgment and content thereof, the following is a detailing of the lessons learnt for one to be holistic counsel.

Heads of Argument

One of the lessons from the judgment is that “you are as good as your brief”. The first time anyone engages with one’s argument in practice is through Heads of Argument. Some say that this is a “make it or break it” situation as in most cases it will determine how strong your argument is or whether it will see the light of day in court. The SHRC Justices reinforced that care and caution must be used in dealing with the Heads of Argument from its structure, aesthetics in terms of formatting, grammar as well as coherence in the flow of the argument. This is of important as sometimes one can have a good argument but failure to use punctuation well or spelling might show a lack of care and concern from the legal practitioner which might also make the justices irritated and lose interest.

Authorities

I also learnt the importance of distinguishing between persuasive and binding authority. The SHRC Chief Justice Adv. Anthea Platt SC cautioned counsel against reliance on too much foreign cases if the same principles are dealt with in local cases in line with the judicial precedence doctrine. The reasoning behind this is that many judges might not have access to those foreign cases which might create loopholes in the counsel’s argument as the presiding judge may not be able to verify the principle. This thus means that a counsel should go a step further and may have the foreign case they are referring to availed to the Court to lessen the burden on the presiding judge to look for it.

Knowledge of the facts, Signposting and Pacing

The last lesson I wish to talk about is the importance of knowledge of facts, signposting and pacing when delivering oral arguments. SHRC Deputy Chief Justice Adv. Samantha Martin reiterated that it is always important to ensure that the presiding coram is following your arguments in their entirety. This can be implemented very well by a clinical knowledge of facts, signposting and pacing. Knowledge of facts will assist in the formulation of arguments as well as in answering questions as one will always have to go back to the facts. Signposting is also crucial as it will direct the judges as to where and what the counsel is referring to for example counsel might say, “I would like to direct the judges to Annexure B paragraph 3” of the case file to point out exactly where they are. However, these skills would bear no fruit if a bad choice in pacing is adopted. A “too quick” or “too slow” pacing might hinder the judges from following the argument. Hence, a moderate approach should be implemented.

All in all, the #s25 SHRC judgment was enlightening, and I hope that I will be able to utilize the critical skills highlighted by the learned SHRC Justices.

Golden nuggets abound in the #s25 SHRC2 Judgment, accessible on our channels or now at #s25 SHRC2 Judgment – SABWiL YouTube .   Contemplate this judgment streaming on our SABWiL YouTube Channel and others. Discover insights pertinent to your own journey.  

The annual SHRC court commemorates the signing of the Constitution of South Africa on 10 December 1996 by our first democratic President Nelson Mandela in Sharpeville, Soweto.  In issue in the second annual SABWiL Human Rights Court, held in December 2017,  is the  entrenched Right to Land and compensation for expropriation. Wathint’abafazi wathint’imbokodo.  What do you think?  Please share any thoughts in the commentary below.

Alumna Cathrine Ashley Makwara

SABWiL ALUMNI

27 December 2021

Vuk’uzenzele.

Ubuntu.

]]> “Comprehend, Learn and Execute, for execution is meaningless without comprehension and learning.” https://www.sabwil.org.za/s16-shrc/ Thu, 18 Nov 2021 08:06:30 +0000 https://www.sabwil.org.za/?p=1244
SABWiL Alumna Lerato

Igama lamakhosikazi malibongwe. 

SABWiL Alumni Insight Series : This blog series delights us with pearls that perchance may adorn our journey in law. Alumna Lerato Mudau studies the judgment rendered in our inaugural court and pens the insight.  Wathint’abafazi wathint’imbokodo.

 

The inaugural SABWiL Human Rights Court #s16 SHRC  was held in December 2016.  This training court commemorates the signing of the Constitution by Tata Madiba on 10 December 1996 in Sharpeville, Soweto.  SHRC Justice Advocate Cornwell Dauds and SHRC Justice Attorney Sankari Reddy preside over the case with SHRC Chief Justice Advocate Lindi Nkosi-Thomas SC at the helm.

 

Some lessons gleaned from the judgment of the inaugural SHRC are that as legal practitioners we must be forthright and honest about the facts, the law, the requirements, and the relief we seek from the court. I also learnt that heads of arguments should be organized logically in order for the judges to quickly comprehend what the case is about, which laws apply, and which facts we should rely on as counsel. The decision encourages us to conduct rigorous and thorough investigation into the suit that has been brought before the court.

 

The judgment rendered emphasizes the importance of conducting a prepared execution in court. This teaches me that as a legal practitioner, I must set myself apart from other legal practitioners, make myself stand out in the legal profession by selling my time and presence. Another lesson gleaned is that we should not read our arguments in court because we are expected to know everything there is to know about the issue we are presenting. A thorough examination of the reading material is required, implying that the subject must be understood from beginning to end in order to allow for on-the-spot submissions.

 

The value of words in a courtroom is another point that the judges emphasize. We must be careful not to say anything offensive or irritating during the proceedings. This essentially means that legal practitioners must act competently, diligently and with complete candour when dealing with the court.

 

In conclusion, I realize the importance of presenting the court with sensible, well-researched heads of arguments, as well as knowing your case like the back of your hand. The decision emphasizes a number of key points that will influence future legal counsel in the coming years.

We invite our readers to enjoy the judgment streaming on our SABWiL YouTube Channel to discover the lessons pertinent to passage in law. Certainly, golden nuggets abound in the #s16 SHRC Judgment, accessible on our channels or now at #s16 SHRC Judgment – SABWiL YouTube 

 

Alumna Lerato L.B. Mudau

SABWiL ALUMNI

18 November 2021

Vuk’uzenzele.

Ubuntu.

 

]]> The legal profession is the guardian of the dignity and integrity of the Nation https://www.sabwil.org.za/the-legal-profession/ Mon, 27 Apr 2020 16:17:10 +0000 http://www.sabwil.org.za/?p=815

“The legal profession is the guardian of the dignity and integrity of the Nation. Our mettle as a Nation will be judged by how we deal with the weakest and poorest amongst us.”

– Late Former Chief Justice Pius Langa

 

In retrospect, I did not understand the role of a legal practitioner in society until my experience in the Street Law programme, facilitated by my alma mater, the University of South Africa. It was as I participated in the law clinic extra-curricular activity that I was exposed to practical, real life incidents as opposed to the theory with which I was already acquainted. These incidents seemed to have slipped through the “hands of justice”. My peers and I had just presented lectures on topics such as maintenance, the law of succession, labour law and domestic violence when the moment to follow would impact my life forever.

 

We addressed women, young and old, sharing the ‘101’ on justice. Each of them, as they asked questions and commented, awakened in me my role in society. It is moments like these that test our understanding and crystalise the meaning of the abstract term that is ‘justice’. At that very moment, law was not a question in an exam, it was not the topic to an essay, the law was not a debate, but the law became a means to an end ‘justice’ and I was the pioneer.

 

Today, as my hearing for my admission and enrolment as a legal practitioner approaches, I am alive to my responsibility as a legal practitioner. I aim to expose the underhanded dealings which take place in corporate South Africa and I am continually reminded that I am a champion of justice. I therefore align myself with the sentiments shared by the late Former Chief Justice Pius Langa and affirm that the legal profession is indeed the guardian of the dignity and integrity of the Nation. Where legal order fails to protect individuals, the disadvantaged and the minority groups, we are entrusted to fill in the gap.

 

I find the legal profession to be more than a job. On a deeper level, I have discovered that each and every day, as I contribute to the legal order and law enforcement, I am an extension of God’s character: As the book of the prophet Isaiah records: “For I, the LORD, love justice; I hate robbery and wrongdoing”. I am also inclined to refer to a statement made by an American political philosopher, put to a group of final-year law students: “Like it or not, you will get nowhere unless you find more in the law than a lucrative job. You must find it a calling. Most importantly, the law must call upon the highest exercise of your highest selves.” – Bruce Ackerman.

 

As I sojourn on this path towards the mark for the prize of a high calling, hard pressed, yet not crushed, perplexed, but not in despair, I continually find comfort as I embrace the minds of people who come before me. I am a pioneer of justice and a custodian of this constitutional democracy.

 

Joyous Freedom Day. In memory of those who struggled for our freedoms, we implore all our members to stay home to save lives. Ubuntu.

 

Sibusiso Mahlangu
SABWiL Alumni NEC (Deputy Secretary-General)
Candidate Attorney – Rooth & Wessels Incorporated

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