Introduction and Purpose of the Meeting

Sisters in Law,

It fills me with immense pride to stand before this distinguished assembly of powerful, accomplished women who have not only excelled in their legal careers but have also paved the way for others to follow. This gathering, especially during the sacred month of August, is not just a meeting—it is a celebration of our collective strength, resilience, and unwavering determination to shape the future of our legal profession. As we honour the legacy of the women who have come before us, we are reminded that the struggle for equality and justice continues. It is our responsibility to carry this torch forward, ensuring that the legal profession becomes a true reflection of the society we serve.

Honouring Women in Women's Month

August is a month of reflection, celebration, and action. It is a time when we pay tribute to the women who have fought tirelessly for the freedoms and opportunities we now enjoy. We remember the women of 1956, who marched with courage and conviction against the oppressive pass laws, and we honour their legacy by continuing the fight for gender equality and social justice. Today, as we gather here, we stand on their shoulders, empowered to break down the barriers that still exist in our society and in our profession.

Key Issues in the Legal Sector

The legal sector is currently experiencing a period of significant transformation, driven by the urgent need for inclusivity, equity, and excellence. However, these changes are not without their challenges. As women who have reached the pinnacle of our profession, it is incumbent upon us to not only identify these challenges but also pioneer solutions that will benefit the next generation of legal practitioners.

Legal Sector Code and Transformation

Transformation within the legal profession remains elusive and continues to be a major challenge. Previous attempts by the Law Society of South Africa and the Department of Justice and Constitutional Development to address these challenges did not result in significant shifts in patterns of discrimination against Black legal practitioners. It became clear that the Generic Scorecard was ill-suited to a service sector such as ours, leading to the realization that a specialized Legal Sector Code (LSC) was necessary.

In February 2020, the Legal Practice Council (LPC) initiated the development of the LSC, which is now at a critical juncture. Despite the delays and challenges, including the legal action taken by the Black Lawyers Association and others to compel the gazetting of the LSC, I remain resolute in my support for provide a framework that ensures meaningful change, especially for female and Black legal practitioners. To this end, I will be engaging with my counterpart at the Department of Trade, Industry and Competition (DTIC) to ensure that the publication of the Legal Sector Code is expedited, as it is already long overdue.

The Role of the State Attorney and Compliance with Transformation Targets

The State is the biggest consumer of litigation and legal services in the country. The policy on briefing and outsourcing state legal work is central to our efforts to support the growth and development of the legal profession, particularly for women and historically disadvantaged practitioners.

The Office of the Solicitor-General has been instrumental in setting these targets, and it is imperative that all 13 Offices of the State Attorney nationwide comply with these mandates. The Solicitor-General reports that there are currently 386,000 active files (excluding dormant files). In terms of the new strategy, the finalization of these matters must be prioritized and expedited. This can strategically be achieved through Alternative Dispute Resolution Mechanisms (ADRM), as well as through briefing and outsourcing, to ease the State’s Litigation Contingent Liability.

In relation to Briefing and Outsourcing, I specifically want to emphasize the critical importance of meeting the following targets:
• Percentage of Value of Briefs Allocated to Female Legal Practitioners
• Percentage of Briefs Allocated to Female Legal Practitioners
• Percentage of Value of Briefs Allocated to PDI (Previously Disadvantaged Individuals)

Legal Practitioners

These targeted milestones are not just benchmarks—they represent our commitment to transforming the legal sector into one that offers equal opportunities for all practitioners, particularly women and historically disadvantaged individuals. The Solicitor-General's office is tasked with ensuring that these targets are not only met but exceeded where possible. This is an ongoing mandate that I expect to see fulfilled with diligence and dedication.

Challenges and Barriers for Women Practitioners

Despite our progress, women in the legal profession continue to face systemic barriers that hinder their advancement. These include unequal access to opportunities, the persistence of gender biases, and the challenges of balancing professional and personal responsibilities. We must address these barriers head-on by creating support mechanisms that empower women practitioners to excel. This includes mentorship programs, networking opportunities, and policies that promote work-life balance.

Ministerial Project: Guild of Young Female Legal Practitioners

One of the initiatives I am particularly proud of is the creation of a Guild of Young Female Legal Practitioners. This guild is envisioned as a platform for young women lawyers to gain the skills, knowledge, and networks necessary to succeed in our profession. It is our responsibility to ensure that this guild is not just a symbolic gesture but a powerful tool for driving the progression and development of the next generation of female legal leaders. This is a legacy project conceived by my predecessor in title, and it is intended that when the State briefs any of you senior members, it shall be incumbent upon you to infuse young female practitioners—what we term "baby practitioners"—into your legal teams, to enable the transfer of skills, particularly in matters involving the State.

Establishment of the Legal Sector Charter Council

Once the LSC is gazetted, the responsibility for appointing the Charter Council will lie with my office. The Charter Council will be a vital instrument in ensuring that the provisions of the LSC are monitored and implemented effectively. I assure you that we will move swiftly and decisively to establish this council, ensuring that it operates with the transparency and accountability necessary to drive real change. I am pleased to announce that the Department has already allocated approximately R34 million for the establishment of the Charter Council, which has been ring-fenced pending the gazetting of the Legal Sector Code that I alluded to. This signifies our unwavering resolve to the transformation agenda.

Minister’s Priorities and Call to Action

As the Minister of Justice and Constitutional Development, my priorities are clear: to foster a legal profession that is inclusive, equitable, and reflective of the diversity of our society. Central to these efforts is ensuring that the transformation targets set by the Office of the Solicitor-General are met and maintained across all 13 Offices of the State Attorney nationwide.

I urge each of you, as leaders and stewards of our profession, to support and hold accountable the efforts of the Solicitor-General and the Legal Sector Code Steering Committee. Together, we can ensure that our legal sector is truly transformed, offering equitable opportunities for all.

Conclusion: A Tribute to Women

In conclusion, as we honour Women’s Month, let us remember that our work is far from done. We must continue to push for the transformation of our legal profession, ensuring that it reflects the diversity and strength of the women who have fought so hard to make their mark. I want to thank each of you for your commitment to advancing the cause of women in the legal profession. This meeting is just the beginning of what I hope will be a sustained and collaborative effort to transform our profession. Let us leave here today not only with a renewed sense of purpose but with actionable strategies that will bring about real change.

Thank you, and let us continue to uplift, empower, and inspire each other as we journey together towards a more just and equitable society.