Work from the state attorney’s office had, over the years, accounted for about 70% of Siphokazi Jikela SC’s practice, she told the Judicial Service Commission (JSC) on Wednesday.
Jikela was one of four candidates recommended for appointment to the KwaZulu-Natal division of the high court. Though there were six vacancies, the JSC did not fill all of them.
Jikela said that, over the years, the work she had received from the state attorney's office “enabled me to take my children to school”. It had “enabled me to get a home for them, pay [bar] subscriptions, pay [chamber’s] rental. It had “enabled me to be considered by my colleagues worthy of silk status”.
Commissioner Kameshni Pillay SC responded: “You’re not the only black woman that has had that experience. I think that’s par for the course for all of us.”
Recent changes to the system for the briefing of counsel by the state attorneys office has led to consternation among advocates and further proposed changes were recently set aside by the high court. In court, counsel for national advocates bodies the General Council of the Bar and Advocates for Transformation said the approach of the state attorney’s office was “anti-transformational”.
On Wednesday, Jikela said the way the state attorney's office wanted to do things would “close the doors entirely for baby juniors because they do not have experience”. She said one of the requirements advocates must satisfy in the bid documents was the experience in a particular field of law. But very junior advocates did not yet have that, “so they are unable to bid successfully and get briefs”.
Chief justice Mandisa Maya remarked that what was “heartbreaking is that the next generation of black women advocates is suffering the same challenges I went through 25 years ago — in our democracy”.
Asked by ANC MP commissioner Fasiha Hassan whether legislation was needed so that black women advocates could “thrive”, Jikela said she did not believe legislation was the answer, but perhaps “progressive government policies would help”.
“We find ourselves as advocates in a position where we have to tender and bid and be asked to conform more with the provisions of the PFMA, something that really does not fit in with the profession of advocates,” she said. If the profession was overly legislated, there was a risk this would compromise its independence — “something that we have so far managed to jealously guard”.
Progressive policies that would enable women advocates to access more work and, importantly, to be paid on time, “would make our lives better”, she said.
The other candidates recommended were advocates Mluleki Chithi, Garth Harrison and Rithy Singh.
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