The Progressive Lawyer | Vol.1

THE

PROGRESSIVE LAWYER

DIGITAL | MAGAZINE | ISSUE 1 | OCTOBER 2023 A National Association of Democratic Lawyers Publication

the pursuit of justice, and it alludes to the idea that justice should not only be blind but also illuminate the path to truth.

Created in at a time when loadshedding was at its peak in South Africa, I could not help but imagine the contrasting effect it had on those who had means (i.e. generators, solar power) and those who did not.

The neoclassical background features an outline of the Johannesburg landscape, firmly anchoring this African interpretation in a recognizable urban setting. In contrast to the classical statues of Lady Justice, I incorporated elements of rock art, inspired by the indigenous art of Southern Africa, which blend seamlessly with Greek symbols, offering a bridge between ancient cultures.

These symbols are steeped in meaning. They represent wealth, peace, love, fertility, and prosperity, underscoring the idea that justice is not an isolated concept but an integral part of a harmonious and prosperous society. The fusion of African and

BEHIND THE COVER

By Mamase Itumeleng Koloko ‘Lady Justice’ Reimagined: Ubuntu and Equality

G r e e k symbolism speaks to

the enduring nature of justice as a fundamental human ideal.

While the concept of Lady Justice is rooted in ancient Greek and Roman traditions, my reinterpretation strives to create a

In my painting, "Lady Justice", I sought to infuse the timeless

bridge between the past and the present, merging classical

and universally understood symbol of justice with an African

concepts with the rich tapestry of African culture and history.

essence, reflecting the unique cultural and historical context

The contrast is evident in Lady Justice's appearance, her attire,

of the African continent. This reinterpretation of Lady Justice is

and the symbolism surrounding her.

a celebration of unity, equality, and the quest for justice in a diverse and ever-evolving society.

In this modern context, Lady Justice not only embodies the ideals of truth and order but also reflects the principles of

In this rendition, Lady Justice takes the form of a graceful

Ubuntu, a Southern African philosophy that values

African woman, filled with elegance and dignity. She wears a

interconnectedness, humanity, and a shared sense of destiny.

white head wrap and a flowing white dress, symbolizing purity

She symbolizes justice that is not only impartial but also deeply

and truth. Her closed eyes convey a sense of introspection,

connected to the people and the diverse cultures that define

implying that justice requires closedness to biases.

the African experience.

Lady Justice's iconic balancing scale is retained, held in her

Lady Justice invites viewers to explore the multi-faceted nature

left hand, signifying the need for impartiality and fairness in the

of justice in an increasingly globalized world, where cultural

justice system. In her right hand, she carries a candle,

diversity and the pursuit of equality are paramount. It serves as

symbolizing the guiding light of knowledge and truth. The

a reminder that justice should be a dynamic, evolving concept,

candle represents the enlightenment that should accompany

deeply rooted in the unique histories and aspirations of all individuals and societies.

CONTENT Page 4

Editor's Note

Page 6

President Speaks

Page 8

NADEL national executive committee

Page 14

Insights from a Progressive Human Rights activist: JB Sibanyoni

Page 18

Court Yard

Page 20

Practitioner's Corner

Page 21

Raising the Bar

Page 22

Affiliates & Partners

Page 24

Challenges at the Road Accident Fund

Page 26

Support for the Draft Legal Sector Code

Page 28

Everyone is Talking About

Page 32

NADEL's upcoming National Policy Conference and Annual General Meeting

Page 34

NADEL national executive committee Law Firms

Page 35

NADEL Information

Page 36

Preamble of the NADEL Constitution

Page 37

NADEL Membership Form

2 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

EDITOR’S NOTE

W H AT M A K E S T H E N AT I O N A L A S S O C I AT I O N O F D E M O C R AT I C LAWYERS GREAT? Is it its charismatic President and executive leadership, its loyal members, its rich history, its human rights advocacy initiatives and objectives, its deep traditions and culture, its national and international footprint or is it its progressive philosophy?

It is undoubtedly the combination.

This digital magazine endeavours to highlight and showcase the NADEL greatness and what others call, the NADEL magic. The style of the magazine is such that its information can quickly be absorbed in an era characterised by information overload with increasingly less time in which to page through the magazine. It is for this reason that you are not going to read a 50 pager. In fact, far less. But the magazine promises to be fun, informative, thoughtful, strategic and steeped in all things human rights.

In the coming editions of the magazine, we will delve deeper into the pressing legal and societal issues of our time. We will showcase some of the remarkable work of our members, highlight landmark legal cases, and keep you informed about our initiatives and events. Our aim is to provide information that is current, pertinent and analytical so that readers are able to keep abreast of what NADEL is doing.

In our first edition, our President reflects on NADEL’s past, present and shares what he

‘We believe THE PROGRESSIVE LAWYER will become a valuable tool for the legal profession and human rights advocacy organisations … and we invite you to join us on this journey.’ envisions for the future NADEL - in an effort to

highlighted under ‘everyone is talking about’.

I am extremely fortunate to have been allowed

champion the cause of justice, equality, and

We would be remiss if we did not consider and

to develop, manage and creatively direct the

transformation, not only in the courtroom but

share court cases NADEL has participated in

magazine. My intention is to – over time –

also in the very fabric of our nation as part of

or just cases that have shifted the human

produce a magazine of note, one that provides

our commitment to progress. We feature the

rights objectives. In 2020 NADEL joined the

current and relevant information written in a

remarkable contribution made by JB

Minister of Justice and Correctional Service as

way that does not make your eyes glance over

Sibanyoni in advancing human rights in South

amicus against the Cape Bar’s challenge on

but one that invites critical analysis, invokes

Africa and the fight he has taken up against the

the constitutionality of the regulations and

interest and somehow inspires us all to think

violations of people’s rights through the many

rules published under the Legal Practice Act

progressively. Ultimately, my hope is that this

positions held within various public and private

28 of 2014. The Court described the case as

newsletter can serve as a vehicle to empower

institutions, notably, the Human Rights

concerning “the questions of equality,

the consciousness about being a human rights

Commission of South Africa. We are excited to

transformation, restructuring and

advocate to better promote and protect the

announce the upcoming NADEL National

representation in the provincial governing

rights of all South Africans.

Policy Conference and Annual General

structures of the legal profession”. Finally, we

Meeting which will be held on 19 – 22 October

report on the NADEL training initiatives and

2023 at the Emperors Palace in

make a few comments on the draft Legal

Johannesburg. As always, the Conference

Sector Code and the draft Road Accident Fund

With that said, allow me to present to you THE PROGRESSIVE LAWYER – NADEL’s first (digital) magazine.

creates the right amount of anticipation for an

Bill. A common expression used to describe

We believe THE PROGRESSIVE LAWYER

excellent legal and social engagement. The

the lives of many South Africans is “we live in

will become a valuable tool for the legal

large participation is a tribute to the necessity

interesting times”. Such a loaded statement,

profession and human rights advocacy

and relevance of the conversations had

especially for those involved in delictual

organisations … and we invite you to join us on

annually. And of course, the highly esteemed

litigation, in particular road accident fund

this journey.

and distinguished special guests (national,

claims, and the many challenges faced by the

regional and international) that join our

Fund, the lawyers, road accident victims can

We thank everyone who has so generously

Conference is impressive. Not to mention that

only be described as ‘interesting’. For NADEL

contributed to this edition. To members who

it is the perfect occasion for NADEL members

it is important to join in on the fight for the

are interested in contributing to and or writing

to come together. We thought it is important to

victims. While, the draft Legal Sector Code is

for THE PROGRESSIVE LAWYER, we want to hear from you. Let’s get to work.

introduce the NADEL executive leadership for

intended to transform the provision of legal

two reasons: first, so that we know who they

services in the country as a response by

are, and second, to ensure that they are

government to pressure brought by the legal

Enjoy the read.

accessible to the broader membership and

profession and has been called a step in the

friends of NADEL. And these NEC members

right direction by bar associations and the law

have been invited to join various

society.

Lizee

On a personal note, the opportunity to be part

Editor

organisations' events, both locally and in Africa, and they have participated on the various platforms, some of which we have

of a new magazine is rare and even more seldom when the publication is one of its kind.

4 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

PRESIDENT Greetings and a warm welcome to the inaugural edition of the National Association of Democratic Lawyers (NADEL) Digital Magazine.

It is with great pride and enthusiasm that we introduce this platform as a means to connect, inform, and inspire all those who share our commitment to justice, transformation, constitutionalism, and the rule of law.

Preparing a piece for this inaugural edition is a task that brings with it excitement and pressure in equal measure. It is exciting because NADEL now has a platform and a voice at an important juncture in our nascent democracy, where there is a growing sense of moral complacency and confusion in the world. When I reflect on the many prominent figures that have graced this organisation, I realise that standing on the shoulders of giants also requires living up to their ideals and what was envisioned for NADEL. This brings with it some pressure.

My reflections left me with a lingering thought: “what is it about NADEL and the people that it attracts into its membership which results in so many taking up such important positions?” The answer calls for some unpacking.

The book about NADEL’s history highlights the calibre of NADEL members who navigated their way into the many echelons of our judiciary: Pius Langa, Dullah Omar, Silas Nkanunu, Vincent Sadhaner, Dikgang

‘Under the leadership of Pius Langa and Dullah Omar, NADEL worked to bridge the gap between the two organisations and become a united force for justice.’

SPEAKS Moseneke, Mandisa Maya, Nonkosi Mhlantla,

Omar, NADEL worked to bridge the gap

remarkable accomplishments of two

E s s a M o o s a , Z a k Ya c o o b , M b u y i s e l i

between the two organisations and become a

outstanding legal luminaries in our

Madlanga, Gcina Malindi, Max Boqwana,

united force for justice. As it grew, NADEL

nation: Mandisa Maya, in her typical

Caroline Heaton-Nicholls and many others.

played a crucial role in advocating for the

trailblazing fashion, has not only

They have made and continue to make a

release of political prisoners and addressing

shattered glass ceilings but has

transformative impact in society – whether it

various challenges facing liberation

demonstrated her unwavering commitment

be within or outside of our profession. This,

movements. Its commitment to advancing the

to justice. From being the first female Judge

coupled with the story of NADEL, is a

struggle for liberation has remained a central

President of the Supreme Court of Appeal, to

remarkable one, steeped in the rich tapestry of

pillar of the organisation.

South Africa's history.

celebrating her first anniversary as the Deputy

The journey was not without its challenges and

Knowing our organisation was born out of

debates, but it led us to embrace the Freedom

Oliver Tambo's influential lecture in London in

Charter, as our guiding document, one that

1986, and the Children’s Conference in Harare

envisions a South Africa where rights, equality,

in 1987 meant that we had an important role to

and justice are upheld for all. Our role

play in moving South Africa forward. These

expanded beyond legal representation – we

events signalled the African National

became lawyers for the new South Africa. As

Conference's preference for a negotiated

we find ourselves in the year 2023, NADEL

settlement, further encouraged by Southern

stands at a pivotal moment in its history. Our

African leaders. NADEL emerged in 1987 from

mission remains clear: to fight for justice,

a need to protect and provide publicity for

equality, and transformation, not only within

activists through the legal system. It aimed to

the legal profession but also in the broader

unify the legal fraternity, which was divided

context of our society. We are more than just

between organisations like Lawyers for

lawyers. We are agents of change. We are

Human Rights and the Black Lawyers

progressive lawyers.

Association. Lawyers for Human Rights mainly operated within the existing legal framework, defending cases related to apartheid laws. Many progressive white lawyers made their contribution to the struggle through this channel. In contrast, the Black Lawyers Association focused on challenging and changing the apartheid system and believed that this could and should only be

Chief Justice of our Constitutional Court. Her accomplishments serve as an inspiration to us all. Equally, we celebrate the recent ascent of Betty Molemela who was not only the first female Judge President of the Free State High Court, but has now stepped in at the helm of the Supreme Court of Appeal. Deputy Chief Justice Maya and Judge President Molemela’s

journey reflect the progressive

and transformative legal landscape in South Africa. We salute these distinguished women for their unwavering commitment to our constitutional ideals.

I would like to thank every NADEL member for your unwavering dedication to the ideals of

In the spirit of decolonisation, we are called to challenge existing norms and practices within the legal profession. We advocate for restorative justice, understanding that true

NADEL. We look forward to working alongside you as we embark on the next phase of our journey.

Yours in solidarity,

justice is about healing and rebuilding communities. The principle that “South Africa belongs to all who live in it” continues to guide us, regardless of background or heritage.

done by black lawyers.

In looking back at how far NADEL and its

Under the leadership of Pius Langa and Dullah

illustrious members and alumni have come, I am filled with immense pride by the

Mvuzo Notyesi President National Association of Democratic Lawyers

6 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

NADEL NATIONAL EXECUTIVE COMMITTEE Mvuzo is the charismatic, formidable and fierce President of NADEL, a position he capably and comfortably holds. He was unanimously elected as President on three consecutive occasions. Mvuzo is an esteemed NADEL Stalwart. Prior to his election, he held several executive positions in the NADEL national executive committee and at the Mthatha branch for almost three decades. He also spearheaded the growth of the NADEL student chapter and ensured that NADEL branches were properly constituted and active. As President of NADEL, Mvuzo has also capably led the Law Society of South Africa as its President and coChairperson, the Legal Practice Fidelity Fund as its board member and chair of the remuneration committee and participates as Commissioner at the Judicial Service Commission. Mvuzo has contributed immensely to NADEL and the legal fraternity at large and has made an enormous contribution to its advancement. He is a practicing attorney and

Mvuzo Notyesi

human rights lawyer, with a B.Proc and LLB degree from the University of Transkei. He is the founder and director of Mvuzo Notyesi Incorporated and has been directly involved in

complex public interest court cases since his admission in 1999 and has groomed and advanced several legal practitioners along the way. Mvuzo has been called to sit as Acting Judge of the High Court, Grahamstown, Eastern Cape Division. Internationally, Mvuzo representative the Law Society of South Africa in BRICS, the Pan African Lawyers Union, the International Bar Association, SADC Lawyers Association and the Commonwealth. Mvuzo has vast experience as a leader, manager, mentor, and trainer, and proudly serves on the Pius Langa Foundation.

The engine house and heartbeat of every organisation is its secretariat. The esteemed office of NADEL’s Secretary General is entrusted in the care of Nolitha. She has been an iconic member of NADEL for several years. She was a member of NADEL at the Bloemfontein branch, where she held several executive positions for more than 10 years. In this period, she was groomed into the culture of the organisation and became the Deputy Secretary General of NADEL. In 2018, when the Late Justice Patrick Ndumiso Jaji ascended to the bench as a Judge, she acted as Secretary General. She was subsequently successful elected on two consecutive occasions and still serves as the Secretary General of NADEL. Nolitha obtained a B.Proc degree in 1997 from the University of Fort Hare and later attended the School of Legal Practice before serving articles of clerkship at Basson and Mili Attorneys, which she ceded and completed at Mlonyeni and Lesele Attorneys. She was admitted as an attorney in

Nolitha Jali

2004. She worked as a professional assistant for Mili Attorneys before joining the Legal Aid South Africa as a professional assistant. It was at the Legal Aid South Africa that she evolved

to the iconic professional she is today, having served in various leadership positions, in different provinces, ranging from Supervisory Professional Assistant, Principal Attorney, Justice Centre Executive to her current position as the Provincial Executive at the Legal Aid Western Cape / Northern Cape Provincial Office. Nolitha has contributed immensely to the legal fraternity and her footprint can be found in various organisations. In addition to the important office, she holds both at NADEL and Legal Aid South Africa, she was a member of the erstwhile Free State Law Society and served as a board member of the Magistrates Commission. Nolitha is currently a member of the Law Society of South Africa. She was recently elected and is proud to serve as a member of the National Legal Practice Council.

As the NADEL Deputy President, Machini is a patron and the buttress to the Presidency, providing support and leadership. He has been a distinguished member of NADEL for several years. A true NADEL Stalwart formerly holding several leadership positions at the NADEL Bloemfontein branch. He is a practicing attorney and holds a B Proc degree from University of Durban, CPLD from Wits Business School and a Master’s degree in Human Rights from the University of the Free State. Prior to joining the Legal-Aid South Africa, Kimberley and Bloemfontein offices and holding various senior management positions, including Justice Centre Executive (Head of Office) and Provincial Legal Practitioner, Machini was a Professional Assistant at Matsepes Inc. Machini has since founded and is the director of Machini Motloung Incorporated Attorneys. He has represented high profile persons and impactful cases in South Africa while receiving widespread media coverage. Machini served

Machini Motloung

as a panel member of the South African Football Association’s Disciplinary Committee in the Free State. He was inaugural Chairperson of the Legal Practice Council, Free Stat and he

formed part of the Management Committee, Professional Affairs, Risk and Compliance Committee of the Legal Practice Council Free State and sits on the board of the Lily Estate Home Owners Association for Legal and Governance and is currently Chairperson of the Pelonomi Hospital Board.

The engine house and heartbeat of every organisation is its secretariat, which includes the deputy Secretary-General of NADEL. Chandré is a respected member of the NADEL Western Cape branch and she is a practising Advocate, member of the Cape Bar and a qualified Mediator. She obtained her BA Law degree at the University of Stellenbosch in 2010 and completed her pupilage at the Cape Bar in 2011. Chandré serves on the National and Western Cape branch of Advocates for Transformation. She has contributed immensely to the legal fraternity and is a driving force in the advancement of transformation. In addition to the important office she holds both at NADEL and the Advocates for Transformation, her passion for her work has seen her gain 12 years of legal experience in all areas of general commercial and civil law. Chandré has a particular interest in transport law, delict, administrative law, construction law and public interest litigation.

Chandré Brown

8 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

NADEL NATIONAL EXECUTIVE COMMITTEE Lizelle is the celebrated Publicity Secretary of NADEL and is a pioneering member from the NADEL Pretoria branch. Lizelle is a practising advocate and qualified mediator, with several degrees, including an LLB, an LLM in Corporate Law, an Honours Certificate in Advanced Tax Practice, and an Advanced Certificate in Corporate Law. She was an academic associate and lecturer at the University of Pretoria and thereafter a tax specialist at the South African Revenue Service. Lizelle was appointed by the Minister of Trade and Industry in 2014 as a tribunal member of the Companies Tribunal and she was called to sit as an Acting Judge since 2017 in the High Court Gauteng Division, including the Tax Court. Lizelle is a member of the Pan African Bar Association of South Africa and has been elected to its National Executive Committee holding the portfolio: Briefing Patterns and Stakeholder Relations. She has contributed immensely to the legal fraternity, ranging from her notable contributions to the

Lizelle Haskins

advancement of young, black and junior advocates and to the draft Legal Sector Code. Lizelle is a prominent and respected advocate and practices in all areas of general commercial law,

with a particular interest in tax law, custom and excise law, company law, competition law and delict. Lizelle has gracefully served on various boards both in the public and private sectors and has been involved in the BMF Investments Company, the SEDA Limpopo Jewellery Incubator and the Tshwane Economic Development Agency as a member of its Board of Directors and its various sub-committees.

Eunice serves as the Deputy-Treasurer, and she was recently elected as the President of the Law Society of South Africa and Vice-President of the Pan African Lawyers Union for the Southern African Region. Eunice is an active member of the NADEL Tshwane branch and has held several executive positions for more than 10 years. She is a practising attorney with an LLB degree from the University of Limpopo and is a Legal Mediator at LIPCO - LAW FOR ALL. Eunice is the founder and director of Masipa Attorneys. Eunice has an esteemed footprint in various legal fraternity organisations both in South Africa and notably in Africa. She has been a member of the Law Society of South Africa House of Constituents since 2019 and is a Board Member of the Legal Provident Fund and Knobel Hospital. Eunice serves on the Human Resource Committee of the Law Society of South Africa.

Eunice Masipa

Reshen is the Treasurer of NADEL and an active member of NADEL Pietermaritzburg branch. Reshen is a dynamic force and determined legal practitioner. He started his career after completing his LLB degree. Having a passion for property law - coupled with his background in the architecture field - Reshen embarked upon the route of becoming a conveyancer. He is a registered Business Rescue Practitioner and Notary Public at Anand Pillay Attorneys and has more than 13 years’ experience in various areas of law including criminal law, High Court and Magistrate Court civil litigation and family law. Reshen’s passion for Human Rights Advocacy has seen him join NADEL during his time as a law student and thereafter as an active member of his branch.

Reshen Pillay

Bukky was elected as a NADEL National Executive Committee member after serving as the Chairperson of the NADEL Gqeberha branch for several years. Bukky has been affectionately described by her peers as progressive, enabling her to be entrusted with the responsibility of the National Gender Desk Portfolio for NADEL. Bukky completed her studies at Nelson Mandela University (formerly University of Port Elizabeth) and holds an LLB degree. During the course of her studies, she displayed academic excellence and was invited to join the Golden Globe Honours Society for Academic Excellence and remains a member of the society. She was a part of the Human Rights and Democracy for All (Street Law) initiative at the university level. Upon completion of her articles at Schoeman Oosthuizen Attorneys, she was admitted as an attorney of the High Court of South Africa, Notary Public and Conveyancer. Bukky’s first employment after her admission as a lawyer was at the South

Bukky Olowookorun

African Human Right Commission, where she facilitated the accreditation for a law clinic. She was the in- house attorney at the Law Clinic, which she managed until she was employed by

Kaplan Blumberg Attorneys as a professional assistant. Bukky subsequently established her own firm in 2010, and she is currently the founder and managing director of the firm Bukky Olowookorun Attorneys Incorporated. Bukky is an ordained parish pastor and an accredited mediator. She has served and continues to serve in several capacities, amongst others, as an examiner for all the professional board examinations, as a Small Claims Court Commissioner, Chairperson of the Mediation Centre for Gqeberha, an executive member of the Attorneys Association in Gqeberha. She represents the Law Society of South Africa as a member of the High Court and Magistrate Court committee and holds a distinct accolade of being a member of the task team for development and drafting of the Children’s Act. Bukky is currently the Chairperson of the Legal Practitioners’ Development Fund.

10 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

NADEL NATIONAL EXECUTIVE COMMITTEE

Zincedile Tiya

Zincedile is NADEL’s International Relations Officer and is an active member of the NADEL Mthatha branch. He has been an illustrious and popular member of NADEL for almost 15 years and has held various leadership within NADEL, notably as the former Youth Desk portfolio of the NADEL national executive committee. Zincedile is a practising attorney and holds a BA in Translation and LLB degrees from Walter Sisulu University. He has attended the Thabo Mbeki African Leadership Institute to study Thought Leadership for Africa’s Renewal and African Political Economy. Zincedile is the founder and director of Zincedile Monde Tiya Incorporated. He serves as a council member in the Southern African Developing Countries Lawyers Association (SADC-LA) and is a representative of South Africa. He also serves as an alternate in the House of Constituents of the Law Society of South Africa and serves in various other positions, including the Specialists Committee, the Criminal Law Committee, the Legal Aid Pro Bono and the Small Complaints Court Committee. Zincedile is an examiner for the Competency Based Exams.

Carol was elected to the NADEL national executive committee and is responsible for the Youth Desk. She is an active member and an interim Chairperson of the NADEL Limpopo branch.

Carol is a practicing Attorney and Notary Public, with an LLB degree from the University of Limpopo. She is the founder and director of Carol Selepe Attorneys with 10 years of experience as a practicing Attorney. She is a member of the House of Constituents of the Law Society of South Africa and was appointed as councillor of the erstwhile Limpopo Law Council.

Carol has a passion for teaching and is an instructor at the Law Society of South Africa Legal Education and Development and Polokwane School of Legal Practice and is a facilitator for the NADEL Competency Based Examination program. Carol is also a member of the School for Legal Practice and Venda School Advisory Body.

Carol Selepe

Themba was elected to the NADEL National Executive Committee and is appointed as the Legislation and Transformation Officer and is an active member of the NADEL Emakhazeni branch. Themba is a practising attorney with an LLB degree. He is the founder and director of TJM Incorporated Attorneys. Themba was elected as a co-ordinator of the Mpumalanga Attorneys Association since 2019. He is affiliated with South African Women’s Lawyers Association as a Friend and has been appointed by the Member of Executive Council of Health in Mpumalanga as a board member of Waterval Boven Hospital and elected by the Mpumalanga Legal Practice Council as an Investigation, Disciplinary and Mediation Committee Member. Themba was also appointed by the Minister of Justice and Correction Services as a Commissioner of the Small Claims Court in Emakhazeni for Belfast and Waterval Boven.

Themba Mkhwanazi

12 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

INSIGHTS FROM A Human Rights Commissioner Jonas Ben Sibanyoni, affectionately known as “JB”, is a highly successful attorney and human rights activist with a passion for what he does. He is unapologetic and unwavering in his fight against human rights violations.

As with many origin stories of human rights activists, JB’s journey was difficult – replete with twists and turns. His experiences shaped, moulded and defined the kind of lawyer that he is today: of note, is that his late mother who had never gone to school approached the Farm Owner for a permit to allow him to further his education at Elukhanyisweni Secondary School in Witbank.

JB passed Matric and proceeded to study law at the University of Zululand. While pursuing his studies, he co-founded the Students Law Clinic at the University in 1979. When he graduated with a B. Proc degree, he completed his articles of clerkship with Gerber Ferreira Attorneys, before being admitted as an Attorney in 1984. He worked primarily in the field of land claims and challenges faced by farm workers and dwellers.

His perseverance, tenacity and determination has seen him achieve many career goals and triumphs along the way.

‘JB believes in South Africa and the significant role NADEL has – and continues- to play in advocating for human rights on behalf of vulnerable South Africans.’

PROGRESSIVE HUMAN RIGHTS ACTIVIST: MY STORY JB joined Maluleke Seriti Makume Matlala Inc.

With over 30 years’ experience in advocating

P r o t e c t o r, T h e S A H u m a n R i g h t s

after serving as a Member of Parliament in the

for human rights, JB explains that: “human

Commission, the Commission for Gender

Justice Portfolio Committee and the Judicial

rights advocates, activists, and advocacy

Equality, the CRL Rights Commission and the

Service Committee for 10 years. During his

organisations are the real human rights

Independent Electoral Commission”. He also

term as an MP, he served in various

defenders, who guard against violations of the

saluted NADEL “for its contribution on the

capacities, including Whip of the Justice

rights of the voiceless, defenceless, and

Judicial Service Commission, in ensuring that

Portfolio Committee, Whip of the Peace and

vulnerable South Africans. They ensure that

fit and proper persons are appointed to the

Stability Cluster and Acting Chairperson of the

fundamental rights, basic rights, and human

Judiciary”. On reflection of the Judiciary, and

Peace and Stability Cluster. JB also acted as

rights are protected and promoted. . . . [T]he

the NADEL members who have been

Chairperson of several Ad Hoc Committees,

Constitution, the Universal Declaration of

elevated, JB applauds NADEL in helping

which dealt with the appointment of the

Human Rights, the African and Peoples’

shape the calibre of the Judiciary.

Deputy Public Protector, the adoption of the

Rights, and the Paris Principles are their

Judge’s Code of Conduct and a registrable

armour.”

interests policy. He was also involved in passing various statutes, such as: the Legal Practice Act, the Restitution of Land Rights Act and amendments to the format of the Constitutional Court. JB also served as an Amnesty Committee member in the Truth and Reconciliation Commission, chaired by Judges of the High Court. In this role, he assisted in adjudicating amnesty applications made by perpetrators for atrocities committed during apartheid.

Today, JB sits as a part-time Commissioner for the South African Human Rights Commission and adjudicates civil disputes in his capacity as a Commissioner for the Small Claims Court at Ekangala Magistrates’ Court.

As a way to keep NADEL growing, JB hopes to continue to be on the front line in NADEL’s

JB’s NADEL journey JB joined and participated as a member of the

importance of the elections and encourage

then Democratic Lawyers Congress based in

citizens to cast their votes.

ambition to educate citizens about the

Pretoria. When NADEL was established, the Democratic Lawyers Congress was one of the

As a closing remark, JB stated that he

Lawyer organisations that was dissolved and

“believes in South Africa and the significant

joined forces with NADEL. He not only

role NADEL has – and continues – to play in

participated in the programmes and activities

advocating for human rights on behalf of

of NADEL but also recruited lawyers to join.

vulnerable South Africans. As a nation we

He has held various positions within NADEL

have gone through many challenges but I also

and is a NADEL stalwart and mentor.

believe we are capable and can overcome the challenges we face. Collectively, NADEL will

JB explains that he envisions a NADEL “that

continue to champion the importance of

provides sizeable support to state institutions

judicial independence, advocate against

supporting constitutional democracy,

human rights violations and infringements,

established under Chapter 9 of the

and fight for a society that condemns

Constitution, such as the Office of the Public

inequality and injustice”.

14 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

A SOCIAL MOVEMENT THAT ADVOCATES FOR HUMAN RIGHTS

16 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

Human Rights Matters

COURT YARD In Cape Bar v Minister of Justice and

objective. By capping the number of

Correctional Services [2020] ZAWCHC

representatives in relation to Black people

51 the Cape Bar challenged the

and women and reserving a seat for a white

constitutionality of the regulations and rules

man, the electoral scheme is unfairly

published under the Legal Practice Act 28 of

discriminatory and fails the test devised by

2014 (LPA) that governed the election of

the Constitutional Court in Minister of

Provincial Councils of the South African

Finance and Another v Van Heerden 2004

Legal Practice Council on the basis that they

(6) SA 121 (CC). In response to the

amounted to unfair discrimination in terms

complaint, the Minister argued that the rules

of the Promotion of Equality and Prevention

and regulations promote black legal

of Unfair Discrimination Act 4 of 2000

practitioners who constitute a minority in the

(Equality Act). The Cape Bar also sought to

legal profession, and black women who

impugn the validity of the rules and

constitute an even a smaller minority, and so

regulation under the Promotion of

guaranteed that black women will take up a

Administrative Justice Act 3 of 2000 (PAJA)

seat on the Provincial Council. NADEL

The

supported the Minister and echoed the

impugned provisions govern the election of

or under the principle legality.

position that it is important for black and

the members of the Provincial Council.

women legal practitioners to be represented

These provisions reserved six seats for

on the Provincial Council so as to ensure the

attorneys and four seats for advocates in

black and female voice is heard and

each Provincial Council. In relation to the

advanced in the governance of the legal

four seats reserved for advocates, the

profession.

regulations and rules provide that a Provincial Council must be composed of one white male, one white female, one black male and one black female. The Cape Bar’s complaint was that these provisions comprise a formula which is rigid and, while ostensibly aimed at affirming black and female representation in order to rectify past and present discrimination, it caps such representation, which is inimical to the

On the Equality Act challenge, the court held that the electoral scheme did not unjustifiably or disadvantageously target black people and women. Rather, the scheme was found to be designed to make all persons equal contributors and partners in the governance of the legal profession.

On the review in terms of PAJA or under the

In King N.O. and Others v De Jager and

clause was discriminatory only against

principle of legality, the court found that (1) the

Others (CCT 315/18) [2021] ZACC 4 the

certain descendants and did not prevent

regulations and rules relating to the

Constitutional Court was required to decide on

all women from inheriting. Consequently

composition of the representative advocates

the principle of freedom of testation and the

section 8 of the Promotion of Equality and

to be elected to the Provincial Council did not

right to equality and whether a clause in a will

Prevention of Unfair Discrimination Act

deal with anything of an administrative nature

that discriminated against women was

(Equality Act) did not apply as it relates only

and amounted to a mere implementation of

enforceable.

policy such that PAJA did not apply, (2) the Minister acted within the bounds of the LPA, which required him to give effect to recommendations of the National Forum with regard to the composition of the Provincial Council, (3) that the impugned provisions were neither arbitrary nor irrational as there was a clear reason to justify the promulgation of the regulations and rules, which were found to be rationally connected to the purpose of achieving transformation within the legal profession, and (4) that it is was not unreasonable that a decision maker, seeking to give expression to the aims of the LPA, which include the taking into account race and gender as factors in the composition of the

to any system of preventing women from inheriting family property and that the clause

In 1902, Mr Karel Johannes Cornelius de

was a reasonable limitation of the right to

Jager and his wife Mrs Catherine Dorothea de

equality in section 9 of the Constitution given

Jager signed a will in terms of which they gave

the importance of freedom of testation.

certain farms to their children. The inheritance was subject to the condition that the farms

The applicants appealed to the Supreme

would pass from their children to male

Court of Appeal, which dismissed the appeal

descendants only, until the third generation.

without reasons.

The farms duly passed to the first generation of male descendants and then a second.

However, in the third generation, there were no sons, only daughters. When that descendant died in 2015, a dispute arose regarding whether his daughters could inherit, or whether his daughter was disentitled as a consequence of the 1902 will.

However, the Constitutional Court found the clause unconstitutional and unenforceable.

The Constitutional Court held that there is no need to prefer the value of equality over the values of freedom and dignity, or to develop the common law, as the law has long recognised that clauses contrary to public policy are unenforceable. The Constitutional

Provincial Council, would adopt the impugned

The deceased’s daughters approached the

regulations and rules to do so.

High Court and sought an order declaring the

policy but unfair discrimination and held that

alleged discriminatory clause invalid so as to

section 36 of the Constitution would not be

The court

therefore dismissed the applications.

Court stated that the key issue was not public

vary the will to include female heirs. The High

applicable because the offending clause of the

Court dismissed the application, on the

will was not a law of general application and

grounds that the clause was contained in a

because the clause discriminates on one of

private will that did not have a public character

the grounds listed in section 9(3) of the

and the clause was not indefinite as it was only

Constitution, the discrimination was presumed

intended to operate until the third generation in

unfair and it was for opposing parties to show

the De Jager family. The court held that the

that the discrimination was fair, which they failed to do.

18 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

‘NADEL understands that at the heart of transformation, and in an e ort to achieve real equality and justice, training programs and initiatives are imperative.’

PRACTITIONER'S CORNER

IRREGULAR STEP: ARE WE STUCK IN LIMBO? What happens to the pending proceedings when one of the parties raises an irregular step against the other? Do we call a timeout and sit on the bench until that has been dealt with, or can we quietly continue along with the matter until our card is called up by the interlocutory court?

This scenario is a common occurrence in everyday practice. However, the law in this regard has been settled for a long time with the decision of Zoutendijk v Zoutendijk 1975 (3) SA 490 (T). In that matter, the respondent argued that the applicant was not entitled to apply under irregular step proceedings because the applicant had dealt with the merits of the main application – thereby taking a further step. The court disagreed. It found that the ‘further step proviso’ in irregular step proceedings was intended to deal with a situation where a party has taken a further step in the cause and thereafter seeks to make an application to set aside an irregular or improper step. Differently put, from the time one becomes aware that an irregular step is taken, the matter is frozen in time until the application to set aside has been lodged.

Afterwards, there’s no harm in taking a further step in the matter.

WHOSE AFFIDAVIT IS THIS ANYWAY? Quite often in interlocutory proceedings, an

irrelevant. Secondly, authority to represent a

instructing attorney may depose to one of the

party refers to whether an attorney is

affidavits filed. This is typically accompanied

authorised to act for a litigant in the matter.

by the phrase “I am duly authorized to depose

An attorney does not need to allege that they

to this affidavit.” While this may occur for

are authorized to act for a party and an

several reasons, the ‘trigger happy’

opposing party wishing to challenge an

practitioner cannot help but fight the urge to

attorney's authority to represent a party may

probe into this alleged “authority,” and this

do so in terms of the procedure outlined in

tends to stir up confusion every now and then.

Rule 7 of the Uniform Rules of Court. It stands

Fortunately, the Supreme Court of Appeal in PM v MM and Another 2022 (3) SA 403 (SCA) laid to rest any confusion that may seem to arise, and the basis to challenge this authority is simpler than one would think. A good starting point, as it certainly was in the court’s view, is to distinguish between (i) locus standi (ii) authority to represent a party; and (iii) the basis for deposing to an affidavit.

Firstly, locus standi merely refers to a party’s legal standing in the proceedings. This pertains to whether a party has a direct and substantial interest in the subject-matter. Quite plainly, this enquiry is directed to the party cited In the pleadings. Thus, an enquiry aimed at challenging an attorney’s locus standi to depose to an affidavit is misplaced and

to reason that any allegation by the attorney that speaks to the authority to depose to a matter is similarly unnecessary and irrelevant. Finally, and where the real probe lies, is the basis for deposing to an affidavit.

Much like any witness who testifies under oath, the basis to depose to any affidavit is whether the facts that give rise to the application lie squarely within the knowledge of the party dealing with the matter.

Therefore, a challenge aimed at whether the facts fall within the personal knowledge of the deponent is the only competent basis to challenge such an affidavit. Simply put, a deponent to an affidavit is simply a witness stating facts. There is no need for an attorney to be “duly authorised” to do so.

20 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

RAISING THE BAR LEGAL EDUCATION TRAINING

As part of the webinar, NADEL first advocated for comprehensive legal reforms that addressed societal inequalities, eliminated

AND DEVELOPMENT

discriminatory practices and enhanced the

Over the past six years, NADEL provided legal

effectiveness of the justice system. Second,

education training for legal practitioners and

Social Justice Initiatives. NADEL would

candidate legal practitioners, including

engage in initiatives that sought to promote the

preparatory classes for competency-based

lives of marginalised communities, advocate

examinations for admission as an attorney.

for social justice and challenge systemic issues

These classes are conducted by highly trained

perpetuating all forms of injustice. Third, it

In

aimed at ensuring that there was public

2022, a total of 8722 attendees participated in

awareness and education. To that end, NADEL

legal practitioners and subject experts.

the training sessions and in 2023 the attendees

undertook to launch campaigns to raise

trained was twice the amount. NADEL held

awareness about legal rights and

online and contact training sessions in Durban,

responsibilities whilst promoting legal literacy

Mthatha, Queenstown, Nelspruit, Polokwane,

and empowering individuals to assert their

Pretoria, Johannesburg, East London,

rights. Fourth, forged collaborations and

Bloemfontein, Cape Town, Kimberly, Vryheid,

partnerships by ensuring that it actively

Potchefstroom, Venda, and Welkom.

collaborated with like-minded institutions among others and civil society organisations to

ORGANISATIONAL SOCIAL JUSTICE TRAINING WEBINAR

create a broader impact and achieve the collective goals. Finally, developing policy and research. To this end, NADEL would conduct

NADEL hosted its Organisational Social

research on legal matters affecting

Justice training programme on 1 and 8

disadvantaged groups while contributing to

September 2023, with the objective to bring

evidence-based policy recommendations for

together NADEL members, cultures and ideas

the betterment of legal and judicial systems.

to develop and promote access to justice, protecting human rights, and upholding the rule of law. The webinar aimed to empower members to advocate for positive legal and judicial reforms and help NADEL create a more just and equitable society. The webinar focused on “Empowering Access to Justice: Strengthening Human Rights Advocacy”. Day 1 looked at the Role of Progressive Organisations - like NADEL - to create positive change and ensure transformation of society

The webinar concluded with a call to action, encouraging participants to take their learnings and apply it to advocacy efforts within communities. NADEL members committed themselves to work diligently towards building a just and inclusive society. Through collective effort and unwavering dedication, NADEL (and its members) aim to make a significant impact on the lives of those in need, ensuring that justice and human rights are upheld for all.

and the legal profession. Day 2 unpacked

The engagement during the webinar would go

Advocacy and Lobbying for Legal

a long way in ensuring that NADEL would

Transformation and Research and Policy

empower access to justice and that it would

Development.

strengthen human rights advocacy.

AFFILIATES & PARTNERS 22 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

CHALLENGES AT THE ROAD ACCIDENT FUND The NADEL National Executive Committee at its previous NEC extended meeting held on 4 February 2023 at the Radisson Blu Hotel in Johannesburg appointed the NADEL Ad Hoc Committee to investigate the challenges legal practitioners have with the Road Accident Fund. Following the escalating challenges at the Fund, and to address these challenges, a broader committee was established in Gauteng, which includes the National Association of Democratic Lawyers, the Black Lawyers Association, the Law Society of South Africa, the Gauteng Attorneys’ Association - incorporating the Pretoria Attorneys’ Association, the Personal Injury Plaintiff Lawyers’ Association, the Johannesburg Attorneys’ Association, the West Rand Attorneys’ Association and the South African Women Lawyers Association.

Also participating in this committee is the South African Medico-Legal Association.

After investigations were concluded, the committee identified the following challenges within the Fund: Ÿ

The Fund did not comply with Court

Ÿ

orders.

Poor management decisions lead to

Ÿ

outcomes, such as, wasteful expenditure.

There was a significant backlog of

Ÿ

medical schemes are involved.

Non-payment of claims after the

dysfunctionality and catastrophic

payments of medical expenses where

180 day period lapsed and the Fund

‘South Africa has spoken. On our last count 18 248 comments on the Bill were sent to Parliament and over 8 000 objections were made against the Bill.’

Ÿ

illegally refused to make certain claim

or arising from the negligent driving of a motor

as, a severe brain injury or amputation. In

vehicle by any person at any place within the

addition to these restrictions, the Fund

Ÿ

payments.

Day-to-day management systems were

South African borders and to replace it with

proposes to increase the lodgement

the significantly curtailed ‘social benefits’.

requirements and the preliminary steps

Ÿ

not in place.

There were claim management

These social benefits will not be paid in

before a victim is able to approach the Courts

procedures which were not conducive to Ÿ

assessment and resolution of claims.

Correspondences were not being attended to and there are nonfunctional

Ÿ

helplines.

There are no documentation and

Ÿ

place.

There was an untrue narrative of blaming

information management systems in

legal professionals for the RAF’s problems.

As a result of these findings, the committee sent a memorandum to the Minister of Transport, the Minister of Justice, the Deputy Minister of Transport, the Board of the Road Accident Fund, the Chief Executive Officer of

lumpsum but annually and subject to yearly

for relief. There will be a compulsory

review. Of great concern, is that the social

alternative dispute resolution process

benefits exclude the following: All victims who have suffered injury or death on a nonpublic road, such as driveways, private estates, parking areas, sport fields, farm roads, game reserves or any other private road, will not be eligible to claim any social benefits.

followed by the Office of the Road Accident Fund Adjudicator determining the complaint.

This office must still be established and will require significant funding. The processes and procedures of the Adjudicator are still unknown and it is uncertain how long road accident fund claims will take to finalise or when victims will be able to approach Court.

Victims who have suffered injury or death by

Surprisingly, the chief executive officer wants

an unidentified driver (commonly known as hit

to form part of the Board as an executive

and run accidents) will not be eligible to claim

member with voting rights, together with the

any social benefits.

chief financial officer, and he wants to have

Victims who are not South African nationals or

management within the office of the Fund.

the powers to appoint or terminate executive

the Road Accident Fund, the Chairperson:

direct permanent residents, irrespective of

Standing Committee of Accounts, the Auditor

While the Board only sits for three years, the

them suffering injury or death caused by a

General and the Legal Practice Council on

CEO and CFO will hold their board position for

negligent driver on any public road in South

how to resolve the RAF challenges.

an indefinite period. The CEO also wants to

Africa, will not be eligible to claim any social

remove its submission of the annual report to

benefits.

Parliament. Potentially because it does not

More importantly, the committee campaigned and lobbied the legal profession, and South

Victims who have suffered injury or death

Africans in general, to comment on the Draft

while crossing a highway will not be eligible to

Road Accident Fund Amendment Bill 2023,

claim any social benefits.

want to be held accountable.

which was published on 8 September 2023.

The Bill seeks to remove the obligation of the

All victims will no longer have a general

Fund to compensate road accident fund

damages claim for the pain and suffering

victims for any loss or damage suffered as a

suffered as a result of the bodily injury,

result of any bodily injury or death caused by

irrespective of the severity of the injury, such

24 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

‘NADEL endorses the manner in which the Draft Legal Sector Code incentivizes mentorship, training, and skills development of black and women junior legal practitioners.’

SUPPORT FOR THE DRAFT LEGAL SECTOR CODE The Legal Practice Council, in 2020, initiated

to ensure that it is representative of the

the process for the development of a

demographics of South Africa and to ensure

transformation sector code. The process was

that a body of well-trained and competent

guided by of section 12 of the Broad-Based

providers of legal services are developed. The

Black Economic Empowerment Act 46 of

Draft Legal Sector Code sets out a new

2013 as well as the Amended Codes of Good

framework for determining B-BBEE

Practice.

compliance in the legal sector, which reflects

The Legal Practice Council established a

the unique characteristics of the industry.

NADEL believes that there is a need to

steering committee consisting of

address inequities, and the historic exclusion

representatives from across the legal sector,

of black people within the legal sector. The

including, the National Association of

Draft Legal Sector Code is an important step

Democratic Lawyers, the Black Lawyers

towards addressing these inequities in a

Association, the Pan African Bar Association

structured and meaningful manner. NADEL

of South Africa, the National Bar Council of

commends the Legal Practice Council, and in

South Africa, the General Council Bar of

particular the Transformation Committee, on

South Africa, the Law Society of South Africa,

its recognition of the need for transformation

the Black Conveyancers Association, the

in the legal sector and its development of the

Corporate Counsel Association of South

Draft Legal Sector Code.

Africa, Advocates for Transformation and the South African Women Lawyers Association.

NADEL agrees with the overall structure of the Draft Legal Sector Code and its approach. In

The Draft Legal Sector Code aims to address

particular, NADEL endorses the manner in

inequities resulting from the systematic

which the Draft Legal Sector Code

exclusion of black people from meaningful

incentivizes mentorship, training, and skills

participation in the economy to access South

development of black and women junior legal

Africa’s productive resources, economic

practitioners. These are all integral

development, employment creation and

components to ameliorating the exclusion of

poverty eradication. The objectives are to

black practitioners within the legal profession

facilitate the transformation of the legal sector

and, at its core, promote transformation.

26 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

EVERYONE IS TALKING ABOUT...

100 YEARS OF WOMEN IN LAW The Judiciary, in partnership with the South African Chapter of the International Association of Women Judges, invited NADEL to join its ceremonial sitting at the Johannesburg High Court to commemorate 100 years of women in the practice of law on 25 April 2023. The ceremony reflected on what the 100-year mark means, the milestones reached and the roles of influential female leaders in law. All women in attendance left inspired, encouraged, and ready to grow

ANC SECTORIAL ENGAGEMENT

the impact of women as legal practitioners.

NADEL joined the African National Congress (ANC)

Ms Nalini Maharaj, on behalf of NADEL, explained that

Sectoral Engagement Meeting led by his excellency,

being an Indian female in the Legal Profession has had

President Cyril Ramaphosa held on 18 March 2023 at the

many difficulties and shared her personal difficulties of

Johannesburg City Hall, in order to find solutions on how to

having to bargain with her father and agree on marriage in

deal with major and unprecedented challenges that our

order to go to university and start her journey in the law

country is facing. NADEL representatives, led by its deputy-

fraternity. Ms Maharaj commended NADEL for the work

President Mr Machini Motloung, exchanged views and

done and the strong values in fighting for gender equality

ideas about the best proposals to deepen our democratic

within the law fraternity.

project towards building a better life for all.

NADEL continues to support the 100MORE campaign and

The meeting was able to solicit ideas on how to address

believes that it is important to have these conversations and

these challenges and the ANC was able to benefit from the

help nurture a new generation of women lawyers so that

various stakeholder’s insights in an effort to contribute to

women might use their law degrees in support of various

building a National Democratic Society.

causes to advance women in law.

‘NADEL continues to support the 100MORE campaign and believes that it is important to have these conversations and help nurture a new generation of women lawyers.’

PABASA WOMEN’S DAY CELEBRATION

The event was hosted on 19 August 2023, and put the spotlight on heavy weights, trailblazers and pioneering women in the legal profession, like, Judge Lebogang Modiba, judge of the Gauteng High Court and President and founding member of the Special Tribunal, Adv Kgomotso Moroka SC, who is celebrated as the first black woman to take Silk status.

Also present was Ms. Nolitha Jali - secretary general of NADEL, provisional executive at Legal-Aid SA, and LPC council member and Adv Nasreen Rajab-Budlender SC founding member and former Chairperson of PABASA.

NADEL joined the Pan African Bar Association of South Africa (PABASA) as it celebrated Women’s Month under the theme of “Accelerating Equality and Women Empowerment”.

The celebration was aimed at empowering women in law and taking stock of both the challenges and gains made over the past 100 years for women in the legal profession.

The event provided a platform for women in the profession to have meaningful discussions on the current impediments in realizing equality and women empowerment in law, to celebrate the role women who already occupy positions of authority.

28 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

EVERYONE IS TALKING ABOUT...

PALU ANNUAL CONFERENCE NADEL joined the Pan African Lawyers

NADEL also participated in the economic

Union (PALU) during its 13th Annual

law masterclasses on the law around

Conference in Livingston, Zambia from 3 – 8

sovereign debt, litigating sovereign debt

July 2023 to discuss recent developments

issues, and tax and law in Africa.

in arbitration and mediation, women, the law, and justice as well as practicing on the international legal scene under the theme “The Sovereign Debt Crisis of Africa: The Role of the Legal Profession”.

The PALU President, Adv Kari Abdoul Bagui, closed the conference with a gala dinner wherein he honoured Thulani Maseko with the inaugural Thulani Maseko Award for his lifetime commitment to Public Service through law.

SADC-LA ANNUAL CONFERENCE AND GENERAL MEETING NADEL joined Southern African

Investor friendly, International Commercial

Development Community Lawyers'

Arbitrations and the relationships between

Association (SADC-LA) at its 23rd Annual

Global and Africa Continental Business

Conference and General Meeting (ACGM)

Interests. Of particular importance, the

on 18 - 22 September 2023 in Angola.

ACGM assessed the state of human rights,

The theme of the ACGM was “ReCommitting to Independence of Lawyers

the rule of law and the establishment of the SADC Tribunal.

and Judges for Sustainable Development /

NADEL was elated to contribute to the

Democracies in SADC”.

discussion on “Looking at women in Law

The ACGM discussed the Development in the SADC Region and how to make SADC

and actions taken to promote women lawyers in the profession”.

30 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

NADEL'S UPCOMING NATIONAL POLICY CONFERENCE ANNUAL GENERAL MEETING AND 4TH PIUS LANGA MEMORIAL LECTURE GALA DINNER NADEL is excited to announce that it will host

NADEL is delighted to invite friends of NADEL

its National Policy Conference and Annual

and legal practitioners to join invited judges,

General Meeting (AGM) on 19 - 22 October

ambassadors, executive leaders, and

2023 at Emperors Palace in Johannesburg.

presidents of various legal organisations, in

The Policy Conference will commence under the themes “The Regression of Democratic Gains is a sign of a State Collapse” and “Foregrounding Women in the Legal Sphere and the Likely Gains”.

and beyond South African borders to the conference. NADEL is similarly delighted to host the 4th Pius Langa Memorial Lecture gala dinner to honour the NADEL founding father.

MVUZO NOTYESI INCORPORATED ATTORNEYS & ADMINISTRATORS

NADEL NEC

LAW FIRMS

34 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

www.76media.co.za +27 81 535 3547

36 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023

Scan QR Code to enter the online form or go to www.nadel.co.za/membershipform

Populate form then scan or photograph and submit to: fazoe@nadel.co.za

38 | THE PROGRESSIVE LAWYER | ISSUE 1 | OCTOBER 2023