Advocate takes to the street

30 March 2015 - 02:03 By Philani Nombembe

Usually known for arguing complex court cases, advocate Pearl Mathibela will from today until April 30 don her robes not for her appearances in the high court but to stand outside parliament to protest against the lack of transformation in the legal profession. The Cape Town chief magistrate has given her permission to protest. Mathibela said her month-long protest was aimed at urging the government to "take bold steps to accelerate, among others, the gender and racial transformation of the legal profession".Mathibela said she had received overwhelming support from legal practitioners who confirmed that:Black and female advocates and practitioners mainly relied on business from attorneys' firms and the state attorney's offices, many of whom were allegedly not transformed or resisted transformation;The government must ensure that the quality of work given to black counsel and attorneys was of a nature that built capacity and enabled them to grow; andLate payments by government agencies and the state attorney's office compounded their plight.Advocate Thabani Masuku, the former chairman of Advocates for Transformation, echoed Mathibela's sentiments."The government, as the biggest litigator, has not made it a priority to build, through the briefing system, a group of black people who participate on an equal footing with their white counterparts," said Masuku."As an advocate you have to pay your office rentals and bar fees and being constantly under the threat of being evicted from chambers is demeaning for counsel," he said."All those things can present a barrier for black practitioners who don't have a constant flow of work. The late payment of fees by the state attorney . presents a barrier to transformation."But Mthunzi Mhaga, spokesman for Justice Minister Michael Masutha, said "the government remains committed to the transformation of state legal services and empowerment of previously disadvantaged individuals".Mhaga said his department had launched a policy document on the transformation of the state legal services."Subsequent to the development and launch of the policy, which was widely received in the legal fraternity, the number of briefs allocated to black lawyers continues to grow," said Mhaga. "The value of the briefs allocated continues to increase annually and is currently standing at 76%."Mathibela is allowed to protest between noon and 2pm, and no more than 15 participants are permitted to join her.She said she would juggle her workload and put in extra hours if necessary...

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