After a four-year investigation‚ the CGE on Wednesday released its report looking into the matter‚ after Sonke Gender Justice and the Democratic Governance and Rights Unit lodged a complaint in 2012.
Around the time the complaint was laid‚ statistics showed that men still ruled the roost in the legal fraternity. Four years later‚ the picture remains bleak.
In April‚ the Judicial Service Commission (JSC) reported 156 permanent men judges compared with 86 permanent female judges.
“It has been recorded that female judges have reported feeling resented‚ invisible and excluded by male judges and lawyers‚” the report found.
When the Presidency‚ the Ministry of Justice and Correctional Services and the JSC were asked to explain what has been done to turn this around‚ the CGE found their responses wanting.
“The CGE notes that all three responses contain the ‘fingering approach’ wherein the CGE is directed to request further response or pose the said questions to the other role players in the sector.
“This leaves an ever-lingering impression that the goal of gender transformation within the judiciary is being addressed in silos.
“The information submitted to the CGE shies away from the barriers‚ behaviour and unwritten rules of the profession that impede talented individuals from progressing.
“These barriers‚ which are often caused by rules‚ practices and attitudes about women that are stereotypical and hurtful‚ occur throughout the lifespan of the legal career‚” said CGE's legal head Marissa van Niekerk.
Instead‚ all stakeholders must work together to begin fixing this complex issue‚ she said.
The CGE has recommended that key stakeholders convene a national summit to discuss transformation‚ create practical solutions and an implementation plan to tackle its slow pace.
It also said that the State Attorney must ensure briefs are distributed equally to men and women practitioners‚ with particular reference to black women attorneys.
Private law firms have also been called on to do their bit to “adopt policies and practice which will ensure that there are equal distribution of briefs to women”.
The JSC must also improve its policies to ensure black women are appointed as judges‚ the report said.
It revealed the following member figures for the four provincial law societies in August:
- Law Society of the Northern Provinces had 5386 women and 8673 men.
- Cape Law Society had 2373 women and 4026 men.
- Law Society of the Free State had 307 women and 672 men.
- KwaZulu-Natal Law Society had 1303 women and 1906 men.
TMG Digital
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