'Prescriptive' rules block transformation of the Bar

There are too many “anachronistic” features of the bar that block the advancement of black and women advocates‚ said chairman of the General Council of the Bar of SA Vuyani Ngalwana SC.

Among the “inappropriately prescriptive” rules blocking transformation were those that prescribed the period before which counsel fees did not become payable‚ when the council could claim payment of a fee‚ and the circumstances in which counsel could waive fees.

Other impediments included the rule that only the council could remove a defaulting attorney from the defaulters list and that the onus was on counsel to sue a defaulting attorney for overdue fees.

Ngalwana said these “wholly irrational” rules had taken over the private enterprise of advocates‚ “taking the Bar back behind the Iron Curtain”.

Junior black and women advocates were those most harmed by these rules‚ Ngalwana said in an article in the December issue of the South African Bar journal Advocate.

The three-month delay in getting paid made it difficult for these advocates to survive‚ Ngalwana said.

He said transformation of the legal profession had not progressed much since 1999‚ despite repeated declarations of intent. He called on the executive committee of the General Council of the Bar‚ acting with the constituent bars‚ to do more over the next 19 months.

Ngalwana was particularly critical of the fact that the council’s transformation committee had not met once between July 2015 and October 2016. Even if it had met and made recommendations‚ the constitution of the council did not give it the power to undertake any action other than disciplining its members.

The council’s constitution itself could be changed only by unanimous approval of all the constituent bars.

“It is safe to say that for as long as (this) section of the General Council of the Bar constitution remains‚ (the council) will float like a bee and sting like a butterfly on transformation‚” Ngalwana said.

- TMG Digital/BusinessLIVE