TANDISIZWE MAHLUTSHANA | A silenced profession: the rising threat against SA’s legal practitioners

South Africa finds itself at a troubling crossroads. Crime and corruption are no longer hidden in the shadows; they are being laid bare for all to see.

Even more alarming is that some of those implicated in serious allegations occupy senior positions within government and the broader safety and security apparatus. These are individuals entrusted with the solemn duty of protecting citizens, safeguarding public resources and upholding the rule of law.

Instead, we are confronted with the stark reality that some of these very officials are alleged to be entangled in corruption networks involving millions of rands, funds that should have been directed towards improving the lives of ordinary South Africans. This erosion of trust strikes at the heart of our democracy and raises profound concerns about accountability and governance.

In May 2024, the minister in the Presidency for planning, monitoring and evaluation, Maropene Ramokgopa, remarked during the launch of the 30-Year Review that South Africa’s democracy remains young, and that its progress over three decades is something to be proud of. While this is undoubtedly true, the fact that our democracy is young leaves one questioning whether the promise of “a better life for all”, so powerfully articulated at the dawn of our democratic era, can still be fully realised.

Over the years, South Africans have shown enduring resilience and a firm resolve to pursue change when circumstances called for it. It is this resilience that must now confront a deeply disturbing development, which is the targeted killing of legal practitioners.

Recent events have brought this crisis into sharp focus. Legal professionals such as Cloete and Thomas Murray, gunned down in broad daylight on the N1 near Johannesburg, Bouwer van Niekerk, shot and killed at his law firm, and most recently, Chinette Gallichan, a 35-year-old legal practitioner, shot and killed in an assassination-style in the Johannesburg CBD, are painful reminders of the dangers facing those who serve the justice system.

These individuals were more than legal practitioners. They were family members, breadwinners, and of course, officers of the court, entrusted with the responsibility of ensuring that justice is served, that the vulnerable are protected, and that wrongdoing does not go unchallenged.

Their killings are not isolated acts of violence. They signal something far more sinister, and that is an environment in which criminal actors, emboldened by impunity, are prepared to eliminate those who stand in their way. When such acts occur in broad daylight, they send a chilling message that those responsible fear neither consequences nor accountability.

The fight for justice must not only continue but also intensify. For the sake of those who have fallen, and for the generations of legal practitioners who will follow, legal practitioners must remain unshaken in their calling to uphold the Constitution and defend the rule of law without fear, without favour, and without compromise.

This is, in effect, an attack on the justice system itself. It risks creating fear within the legal profession by discouraging practitioners from taking on matters that may place their lives at risk. It also undermines public confidence in the rule of law and advances doubt about whether justice can truly prevail.

For young legal practitioners, the implications are particularly severe. Their futures may hang in the balance if this trend continues unchecked. A profession that should be defined by courage, integrity and service must not become one overshadowed by fear.

The often-quoted words attributed to Edmund Burke, that “the only thing necessary for the triumph of evil is for good people to do nothing”, resonate powerfully in this context. Silence and inaction are not options.

The legal fraternity, including professional bodies, regulatory authorities, institutions of justice and the government, must come together with urgency and purpose and develop a coordinated, fit-for-purpose strategy to protect legal practitioners and ensure that they can carry out their duties without fear or intimidation.

Legal practitioners are central to the functioning of our democracy. They are the custodians of our constitutional values, they are defenders of human rights and the mechanism through which justice is both done and seen to be done. Their work is not merely a profession but a public service of the highest order, which often requires immense personal sacrifice.

Collaboration, not fragmentary efforts, must guide the response. The goal must be to restore confidence, within the profession and within the public, while reaffirming the principles of courage and independence that define the legal calling.

The fight for justice must not only continue but also intensify. For the sake of those who have fallen, and for the generations of legal practitioners who will follow, legal practitioners must remain unshaken in their calling to uphold the constitution and defend the rule of law without fear, without favour and without compromise.

To the families, friends and colleagues of those who have lost their lives, we extend our deepest condolences. Their loss is not only personal but felt nationwide. The responsibility now rests with all of us to ensure that their service, not only to the profession but to our democratic dispensation and constitutional values, is not in vain, but continues to inspire and compel meaningful action.

• Mahlutshana is pupil advocate at Oxford Chambers Advocates