“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

On the 25th of January 2020, South African Black Women in Law (SABWiL) in collaboration with the Student Litigation Society (SLS) hosted a seminar on the 4th Industrial Revolution (4IR) and its impact on Evidence in the Law. Forensic IT practitioner and SABWiL Luminary Kimlynne Olivier shared her expertise on the topic, highlighting the growing technological developments and trends in the space of evidence and the law.

Most interesting was the evolving nature of legal technologies, with Luminary Kimlynne providing a comparison of past, present and future trends. Traditionally, areas of legal practice and services affected by technological development include document automation; case and practice management tools; billing and accounting, document storage and legal research to name a few.

Currently, there appears to be a rise in the design of technologies which seek to provide more efficient legal services to clients. These include developing marketplace tools to help connect clients with lawyers; helping consumers and businesses begin and conclude legal matters without the intervention of a lawyer; automation of legal writing and documentation; data and contract analytics and digital signatures. All of which, many legal practitioners in the industry are already encountering in their day to day work.

Projecting to the future, Luminary Kimlynne highlights technologies which are likely to disrupt our current legal services landscape, including: Block chain and Crypto currency; DIY e-Discovery (which is already available on Microsoft Office 365);online mediation and reconciliation; virtual courtrooms (also already taking place in some, In Camera Court sessions) and Technology Assisted Review of (TAR) of legal process.

In conclusion of her seminar, Luminary Kimlynne made a salient point which made an impression on me: “Future-proof your profession as an attorney”. She emphasized the importance of ensuring that at every stage in our career journey, we are updated on developments in technology in the legal profession and adjusting our skills accordingly. Ours is to ensure that we leverage technological development to our advantage whilst offering the best services to clients and the marketplace generally.

In addition to the technological ‘future proofing ‘raised by Luminary Kimlynne, I reflected on a couple of other ways we as aspiring and already practicing attorneys can future proof ourselves in the legal industry. Many of these points focus on the softer, interpersonal skills and traits, most of which I have picked up on my short journey in the legal industry.

These are some of lessons I have gathered from personal experiences, in no particular order:

1. The path to your personal success is not necessarily linear. Something I learnt from a talk given by Executive Business Coach and seasoned businesswoman – Ms. India Gary-Martin. Embrace your journey. Focus on your lane and flourish where you currently find yourself.

2. Never stop learning. Be teachable. A lot of us attorneys feel like we need to know it all or at least to know it all. It’s okay to admit that you aren’t sure about something yet making a point of researching further on it. It makes you a more credible professional for it.

3. Challenging times (and bosses, managers, co-workers etc.) make for resilient professionals and leaders. Each difficult encounter is an opportunity to mature and adds a layer onto your character. Pay attention to the lesson at hand.

4. The small, repetitive and seemingly mundane tasks are just as important as the big ones. Again, these are tests of character. They also help develop your skill set as a professional. You know the old cliché, ‘Practice makes perfect’? A quote from a LinkedIn post I saw a month ago said: ‘You will be paid in future, for the small tasks you are learning to do very well now.’

5. Know your value and what it is you bring to the table. And if you don’t know, make a point of finding it out for yourself. Don’t sell yourself short.

6. Don’t get too comfortable. Make sure you are always growing. Always challenged. That may mean exploring areas of law and practice that are out of your scope. Studying further or even getting closer to people who challenge what you (think you) already know.

7. Be humble – there is always someone better than you and someone worse off than you are in the space. Experience has taught me that you can always learn a thing or two from both types of people.

8. Formulate healthy habits. Our habits and not always our skills and talents, can become the make or break of our professional growth. Habits will also impact on our personal development as human beings. Focus also on developing healthy social habits like treating everyone you encounter (from the cleaner to the CEO) with the dignity and respect they deserve as a fellow human being.

9. Chase purpose in your work. Know your “why”. Interrogate why you choose to do what you do. “… instead ask yourself what you care deeply about. By focusing on purpose, you align your work with your deepest values and relieve yourself of the expectation that the long slog of a career will be all (or even mostly) happiness and sunshine” – Jessica Stillman. Purpose makes us resilient.

10. Learn to affirm and encourage yourself. We are often hardest on ourselves and forget that we, too, are on a journey. Don’t wait for someone else to call it out. Be your own biggest cheerleader.

11. Find a professional mentor /coach with whom you feel most comfortable to walk through your professional growth. Someone who has gone before you and inspired you. Someone who will hold you accountable to your goals.

I am still on the journey of learning. Learning myself, unravelling my ‘why’ and discovering more and more of the potential for making positive impacts in the space of the law.

About the Authoress: Thabang Mokgatle is an admitted Attorney of the High Court of South Africa and a SABWiL Alumna. She graduated from Rhodes University with a BA and LLB. She is currently pursuing her LLM through the School of Law at the University of the Witwatersrand. She has a passion for Justice and for the communities of South Africa and Africa at large. She hopes to become a change agent in her own right.

Footage of the SHRC proceedings is available on SABWiL YouTube channel.

05 February 2019

My passion to study law was inspired by a Public Speaking Competition I had entered in my matric year (back in 2015) which was held at the Provincial legislature of the Eastern Cape in Bisho. In the competition, we were required to critically analyse the then premier’s (Phumulo Masualle) state of the province address and give possible solutions that would seek to address the socio-economic challenges within the province.

During my first year of studies, I had decided to put down my name for a first year’s moot court competition. I knew (at that point) that mooting had always been something I wanted to do. However, the competition had turned out to have been my worst nightmare! Not only did I rank last place out of the 3 other students participating, I went back home feeling empty. “I will never set foot in court again!” I had confided in one of my best friends. I was so filled with self-doubt, embarrassment and regret.

Subsequent to my first and bad experience with mooting, I somehow found the courage to try it out again the following year. I was not about to let one horrific moment of life convince me that I was “less than” and not worthy to argue a legal case. I signed up for the Annual Kovsies National Moot Court Competition and I was selected as one of the 4 students to represent my University at the Supreme Court of Appeal. Surprisingly, not only did my co-counsel and I win the national competition, I was also awarded the two and only awards for ‘best speaker’ and ‘Overall Outstanding English Orator’. I have never stopped mooting ever since.

My mooting journey bears testament to the fact that there is no such thing as failure but only learning experiences. I am an aspiring attorney and currently signed to one of South Africa’s top 5 law firms. Moreover, I am a founder of a mentorship program (Sivuyile Mentorship Program); a program that seeks to mentor law students in securing vacation work and articles at the top corporate/commercial law firms. In the near future, I plan to establish my own law firms and specialize in employment/labour law.

12 February 2019

1. My first point of advice which I offer to you is to Believe in yourself

You will undoubtedly receive advice about your career or other decisions from people around you. While we should listen to their advice we should be guarded against giving their opinion too much weight relative to our own opinion.

I was still a junior serving my articles when a senior patent attorney thought it was in my best interest that he gives me the benefit of his experience. He was of the view that I was not cut out for this profession as a patent attorney and it was best that I know this sooner rather than later. In that moment, I was devastated…but he knew this profession better than I did and so I believed him. Soon after completing my board exams I disengaged from my plans of being a patent attorney and embarked on a different career path …that of aspiring to be a trade mark attorney. I continued pursuing trade marks for a year and when I was ready for new challenges, circulated my resume with the intention of employment within the trade mark specialist field. As I had hoped, a prestigious intellectual property firm showed interest in my resume…what I did not expect was that the offer was in the patents field, a field that I believed was not for me. I explained this to the partner who made the offer …I was not sure that patents was for me. After discussing this with him over a cup of coffee, I decided to give patents another go…….and in 2005 I passed my final exam and qualified as a patent attorney….. What I learnt from this experience… was to believe in myself.

2. The second point of advice which I offer to you is to Have courage.

Have the courage to engage in new challenges and move out of your comfort zone.

When I graduated with a Bachelor of Science degree at NMMU. I was passionate about one of my majors…biochemistry and I naturally applied for my honours in biochemistry at this university.  I believed that I had a future in science. However I also considered law and the possibilities of such a career. I was a shy and reserved person and I didn’t think that I fit the character traits of what I thought a lawyer should possess. There was something about this thought that enticed and challenged me to apply for law. What were my chances any way of being accepted as a law student? I received 2 letters from NMMU each stating separately that I was accepted as an honour student in Biochemistry and as a student of Law. I did not expect this! As much as I was comfortable with biochemistry, I was so uncomfortable at pursuing law and had no idea if I would even succeed or even make it through my first year. Decision time arrived and I chose to put aside my fear and discomfort at the prospect of being a lawyer and chose law.  Today, being a lawyer – something I was afraid to do – is one of the best decisions I’ve made.

I encourage you to do that which you would not ordinarily do and by so doing you may do something extraordinary with your life.

3. The third point of advice which I offer to you is to Seek Support.

Seek support by surrounding yourself with people who will challenge you and who will give you a different perspective on a situation and not people who will be agreeable with you rather than tell you where you went wrong or how you could improve.

In the former years of my career I approached my work with the attitude that I can do this on my own. I am strong enough to go it alone. A friend observed this and offered me support. I was reminded that no man or woman is an island. Years later in my career, I sought the support of my colleagues and had the benefit of experiencing the wisdom and knowledge inherent in mentors. These mentors continue to have a valued place in my life and continue to have a positive impact on my life. Simply put, I would not be the professional patent attorney I am today without their support.

I offer this thought for your consumption – As we do not live in a vacuum it is sensible to propose that the feedback that we receive from mentors and our environment may be invaluable to our survival, especially in a cut-throat profession such as law.

I encourage you to seek support within your profession.

4. The fourth point of advice which I offer to you is Have Integrity.

I’m sure you’ve heard the cliché that it takes a lifetime to build a reputation but it takes 5 minutes to destroy it! A lawyer is weighted higher than that of the reasonable man and with this comes an expectation from the public of admirable and untarnished integrity.

In the profession you decide to pursue, and in the decisions you make in your lifetime execute them with integrity.

5. The fifth point of advice which I offer to you is Have a plan and be open to the possibilities that your plan can change.

After 10 000 attempts to make the electric light bulb Thomas Edison said: I haven’t failed. I’ve identified 10 000 ways that it doesn’t work.

You will undoubtedly experience unfavourable situations too within your professional career.

My broad career plan was to graduate from university, serve my articles at a prestigious firm, qualify as a patent attorney and build my reputation within an intellectual property firm and be a partner at the best intellectual property firm.

I encountered a stumbling block in my final patent examinations. I had one subject that I had failed more than once and in a frank meeting with my principal, I plainly stated that if I did not pass my exams in that year, I would accept that I have given it my best and tender my resignation.

At that time, I had dedicated 8 years of learning time at NMMU University and 8 years in practice but I was adamant that I would resign.

I also had a plan for my personal life. Understandably, most of my time was consumed with my professional career and so my personal plan was to have my own home and just hope the rest would work out. Not the best plan I admit.

On one 2^nd of November, a sequence of 3 events occurred that would change my life in a way so much better than I had planned –

• The first event on that day – I was scheduled to attend a conference at Gallagher estate in Midrand. Before departing for the conference, I received my results and had passed my final exams! As you can imagine, I was overwhelmed with happiness.
• The second event on that day – at the conference my colleague congratulated me on passing but then added that I had made history in an area of law that had been practised in South Africa for over a century by becoming the first black female to qualify as a patent attorney.
• The third event on that day – a gentleman from a healthcare company introduced himself and as was natural etiquette at conferences we exchanged business cards – that same person is my husband.

Needless to say, I did not resign but continued to progress at Spoor & Fisher from an associate to a partner and director.

The lesson I learnt was to persevere. Be open to the possibilities that your plans can change but that it can change for the better.

6. My final point of advice which I offer to you is Help others.

Help others grow to their full potential. At a time when you are ready and able, explore ways in which you can give back to your family that supported you, your university, your colleagues and your community.

I head the Social Responsibility unit at Spoor & Fisher and channel my time to make a contribution and difference to my community. I have derived the benefit of the experience and wisdom of the professors and lecturers at NMMU and today it is my turn to make a contribution. I deliver lectures to the law students, and Spoor & Fisher has facilitated the protection of intellectual property developed by Researches at this university, Spoor & Fisher has also sponsored the prize for the best NMMU intellectual property student. Remember to give back in some beneficial way. You could be standing where I am today, with the possibility of making a marked difference to someone’s professional life!

In conclusion, to the Dean, Vivienne thank you for this opportunity. It is an honour to be here today. It has also been a privilege to have you as my lecturer many years ago. You had taken the time to mention to me the possibility of pursuing a career as a patent attorney which I researched and pursued. That one moment made a notable difference to my professional life. Thank you.

Lastly, congratulations to the families that love you and supported you during these important years. And thank you to the Dean, lecturers and the rest of academia, for imparting their knowledge, their wisdom and their time to you during these formative years of your life.

Thank you.

Shanaaz Mahomed

Partner and Director Spoor & Fisher

Speech at NMMU Law Ball September 2010