Media release by the Johannesburg Society of Advocates

30 October 2015

1. At its Annual General Meeting held on 29 October 2015, the Johannesburg Society of Advocates, also known as the Johannesburg Bar, by an overwhelming majority of over 90% of those in attendance, adopted a far-reaching new rule, which signals a big step in the ongoing journey to transform the legal profession and the justice sector broadly.

2.  In terms of the new rule, it shall henceforth constitute unprofessional conduct and therefore a disciplinary offence for lead counsel to accept or remain on brief where there is a team of three or more counsel on brief in a matter and no member of the team is a black person.

3. In giving effect to this rule, it shall be the responsibility of the lead counsel in question to take appropriate steps to ensure that black women are identified and given special preference.

4.   The Transformation Committee of the Johannesburg Bar Counsel has been tasked with finalising the enforcement in compliance mechanisms in respect of the rule, such as the need for reporting by senior advocates on their implementation of the rule and other transformation initiatives.

5.Commenting on this significant development, the Chairman of the Johannesburg Bar Council, Advocate Dali Mpofu SC said:

“In its recent statement, which condemned racism in the justice sector and generally, the Bar Council identified a number of role players who should shoulder and share the blame for the lack of progress in redressing the injustices of the past in the justice sector.

These included the profession itself, the large and mainly white attorneys’ firms, state-owned enterprises and the government. It is therefore significant that the Bar has decided that before tackling external role players, it should begin by cleaning its own house.

The journey fundamentally to transform various sectors by peaceful, negotiated and democratic means is engulfing South African society and is irreversible. Our profession is no exception and indeed it ought properly to be the lead in promoting and fulfilling the ideals contained in the transformative Constitution of South Africa and in healing the divisions of our ugly past.”

Statement issued by Adv Dali Mpofu SC, Chairperson: Johannesburg Bar Council and Johannesburg Society of Advocates, 30 October 2015