bar news

Cape Bar Contributed by Patrick MacKenzie

THE CAPE BAR’S NEW SILKS by Dirk Coetsee

he Cape Bar and its members are proud to report that the President conferred the Thonour of silk status to the following members during 2017 and 2018.

AJAY BHOOPCHAND BRENTON JOSEPH GUY ELLIOTT Ajay Bhoopchand was born Brenton Joseph obtained a Guy Elliott joined the Jo- in Isipingo on the KwaZulu BA (Law) degree from the hannesburg Bar in 1991 Natal south coast. He com- University of the Witwa- after studying at the Uni- pleted his schooling there tersrand and an LLB degree versity of . He before moving to Cape from the University of the also worked in Johannes- Town to study medicine and surgery at . After graduating in 1994, burg at the JCI head office for two years the . He prac- he served articles with the UWC Legal after completing national service. He tised as a medical doctor in the public and Aid Clinic after which he practised as moved back to Cape Town in 1998 where private sectors before beginning his stud- an attorney with Mallinicks Inc in Cape he joined the Cape Bar. He has a general ies in law, in successful pursuit of another Town. From April 2000 to March 2006, he commercial practice. Outside of the Bar, of his childhood ambitions. He joined served the Western Cape Education De- he enjoys mountain biking, watching the Cape Bar in 2004. He has served as partment as a Senior State Law Adviser. sport (cricket, rugby and athletics) and chairperson of Advocates for Transforma- He was admitted as a member of the Cape walking the dogs on the mountain and tion, Western Cape in 2009 and remains Bar in December 2006. He is married with beach. He has a weakness for fine reds a member of AFT. His other interests in- five children, enjoys cooking and playing from the area. He and Emma clude wildlife and bird photography. the guitar. have three children.

EWALD DE VILLIERS- DAVID MELUNSKY KARRISHA PILLAY JANSEN David matriculated at Karrisha has been practising Ewald De Villiers-Jansen St Andrew’s College in as an advocate at the Cape matriculated from Gordon Makhanda and thereafter Bar for the past 18 years. She Senior Secondary School completed a BA LLB at the undertakes work in a wide in Somerset West. He com- University of Cape Town. range of areas and has a pleted a B.Proc and LLB at the University He worked at the Legal Resources Centre particular interest in constitutional law. of the Western Cape and a Post Graduate and the Human Rights Trust in Port Eliza- Prior to beginning practice, Karrisha Diploma in Tax Law at the University of beth in the late ‘80s. After travelling in Eu- worked as a researcher at the Commu- Cape Town. rope and central Africa, broken by a stint nity Law Centre at the University of the Prior to joining the Bar in 1998, he of national service, he joined the Cape Western Cape. Karrisha has written on the worked as a Legal Adviser for Caltex Oil Bar, where he developed a practice of a subjects of socioeconomic rights, poverty (SA) (Pty) Ltd. broad commercial nature. He obtained an and the role and responsibilities of vari- Outside the Bar, he serves as the LLM (Marine Law) in 1998; assisted Judge ous organs of state. She has also co-edited Chancellor of the Diocese of False Bay Cooper with Road Transport; undertook a book entitled: Socio-Economic Rights in and on the Executive Committee of the editing for Juta; and trained candidate . Anglican Canon Law Council of Southern attorneys in High Court work. Formerly a Karrisha has served on the Boards of Africa. keen club cricketer and runner (five Com- several non-governmental organisations He and Hayley have two children, rades and 10 Two Oceans), he now tries and community-based organisations. Kelly and Alexander, and a grandson, to play masters’ hockey. He and Kim have She currently serves as a member of the Jadon. two sons and a daughter. Western Cape Provincial Council; is the vice-chairperson of the Cape Bar Council; and a member of the Board of the Dullah Omar Institute. Karrisha holds the following degrees: BA (Law) (UDW) LLB (UCT) LLM (UCT).

Advocate December 2019 17 bar news Cape

GRAHAM LESLIE PIETER BOTHA HANRI LOOTS Following an eventful Pieter Botha completed Hanri Loots grew up in the three years of university his LLB at the University Eastern Cape, and obtained in Pietermaritzburg, Gra- of Stellenbosch in Decem- his legal qualifications from ham Leslie moved to the ber 1986. He then joined Stellenbosch University. He relatively calmer pastures the Department of Justice completed articles at what of the University of Cape Town where as a prosecutor at Wynberg Magistrate’s used to be known as a small Cape Town he completed his LLB and, subsequently, Court. In 1992, he joined the staff of the law firm, which today would probably his LLM degrees. Before joining the Cape Attorney-General’s office in Cape Town. be called a boutique law firm. After five Bar in 2002, Graham worked in various In 1993, he was seconded to the Com- months of pupillage, Hanri joined the capacities in London, where it became mission of Enquiry into the Affairs of the Cape Bar in 2000. Because Alan Newton, clear to him that he was not cut out to be Masterbond Group of Companies, chaired in the pub of the then 5 Flies Restaurant a solicitor. Today, his practice is primarily by the Honourable Mr Justice Hennie Nel, (now Hanri’s chambers), said to him that in labour law and related areas, includ- to assist with the investigation, presenta- you must stick with a job for three years ing pension funds law. Graham is a keen tion of evidence and cross-examination of otherwise you look like a flake, Hanri did golfer and epicurean in the modern sense. witnesses. Pieter commenced practice at so, and is still at it after 19 years. Outside He and his wife Aymone (also at the Cape the Cape Bar in December 1995. His main of his life at the Bar, Hanri sails, plays Bar) have two children. areas of practice are criminal and commer- guitar, trail runs, and enjoys a good meal cial law, as well as delictual claims. Pieter with good and good friends. He is DAVID BORGSTRÖM is also an accredited commercial and civil married to Nicola Caine, has two children After studying at the Uni- mediator. He has four children; Andre, (Alexander and Sofia), and a dog called versity of Cape Town, David Bienke, Tessa and Jonathan. Willem. Borgström took a meander- ing journey before joining MIAS SCHREUDER FRED SIEVERS the Bar in January 2002. He Mias Schreuder matricu- Fred Sievers was raised travelled, taught at UCT, studied at Duke lated in 1976 from Nu- in Bizana in Eastern Pon- University (in the USA), served (part of) werus High School, just doland, which is located articles and clerked to Justice Laurie Ack- north of the Knersvlakte halfway between Izingol- ermann at the Constitutional Court. He in Namaqualand. He com- weni and Magusheni. He mainly practises in public law. He enjoys art pleted a BA and LLB at the University of attended Bizana Primary School where he and longs to be a wine snob, although he is Stellenbosch by the end of 1980, before was consistently first in his class. The only let down by a somewhat mediocre palate. being drafted into PW Botha’s army for other pupils in his class were the local jail- compulsory military service. Because he er’s twin daughters, Isobel and Phoebe. No RON PASCHKE was a graduate, he became a legal officer, one wore shoes to school; whatever clothes Ron Paschke obtained mostly involved in military court martials, they liked; and only had to cut their hair his BSc and LLB from the with all the privileges that accompanied for the school inspector’s irregular visits. University of Natal (Dur- the position of an officer at the time. From standard five to matric he attend- ban). Before joining the Prior to joining the Bar in 1992, Mias ed Kearsney College in Botha’s Hill as a Bar, he did articles in the practised as an attorney for seven years in boarder. He was not consistently top of the Constitutional Litigation Unit of the Legal the Strand. class; there were strict uniforms; and their Resources Centre, was the Legal Officer for A few years ago, Mias completed a hair was cut every two weeks. He preferred the SA Human Rights Commission, and Post Graduate Diploma in Economics for Bizana Primary and missed the twins. was the Director of Research and Technol- Competition Law at Kings College, Uni- Thereafter Fred studied at UCT, gradu- ogy in the Ministry of Justice. He joined the versity of London. ating with a BA LLB. He completed articles Cape Bar in 1999 and his main area of prac- His practice is primarily in commer- and practised as an attorney in Cape Town tice is public law. Ron has served on the Bar cial, environmental and administrative before working as a legal adviser to an Council and is an active member of several law. Outside of his work at the Bar, he insurance company. Bar Council committees. He strives for enjoys subjecting his family and his (few) He joined the Cape Bar in 1990 and has minimalism and enjoys integrating technol- friends to his rustic cooking efforts and been acting as a judge in the Western Cape ogy and systems thinking into his practice. visiting Namaqualand as often as possible Division since 16 April 2018. to enjoy the unique humor and storytell- He likes all dogs but has a preference MATTHEW BLUMBERG ing skills of its people. Mias and Bonita for German breeds, having co-habited with Matthew Blumberg joined live in Somerset-West and have two a pair of Dobermans, Weimaraner and cur- the bar in 2002, after study- daughters. rently German short-haired pointers. He ing at the University of Stel- claims to be prepared to make an exception lenbosch. Matthew follows for wire-haired fox terriers and their inher- Philip Roth’s credo of ‘No ent lawlessness. optional striving’. Outside of practice and He has a wonderful wife, Elmarie, who Discott parenting, he does as little as possible. is very kind to the dogs.

18 Advocate December 2019 Cape bar news GroundUp/Ashraf Hendricks

LADIES LEADING BY EXAMPLE Gender – The challenges faced by women Accolades – Particular focus was given to by Nathanael Mauritz, Cape Bar at the Bar (and the profession in encouraging young female members general) was a particularly important to pursue leadership roles at the Bar, he Cape Bar’s Junior Bar Committee’s topic. The panelists shared their own the judiciary, local communities, T(JBC’s) transformation initiative for experiences on how they overcame educational programmes and 2019 was to celebrate women at the Cape these challenges, which included initiatives, and presenting advocacy Bar. To that end, in conjunction with the sexual harassment, sexism (be it training workshops locally and Cape Bar’s Transformation Committee, from clients, colleagues or judges), abroad. the JBC co-hosted a panel of the Cape stereotypes, discrimination, female Bar’s female silks, who shared their per- competition, and discrepancies in fees The event was enthusiastically attended sonal experiences and offered helpful and briefing patterns. by both male and female members of guidance to young female practitioners. varying seniority. In the proverbial hotseats were, in Practice – The panelists offered their It was rewarding to honour the Cape order of seniority, Williams SC, Bawa SC, personal views on how a young Bar’s female silks and also to create Golden SC, McCurdie SC, Davis SC and female junior might build their a platform to share their wisdom, to Pillay SC. practice, the type of briefs that they give a voice to their experiences and to The panel focused on issues and topics had received, the nature of that work, recognise their accomplishments and of specific relevance and importance to managing clients, leading a team as a achievements. A women at the Cape Bar, and was intended senior and acting as a judge. to serve as a platform from which to share their unique experiences, with young Race – Another important topic covered female juniors in particular, but also to was how they addressed racism and provide all members with an opportunity navigated racial politics, particularly to learn from the wisdom of senior from a female perspective. Insights on counsel. how it manifests, how to address it, These were among the topics what tools and systems may be used discussed: to tackle it were exchanged; and

Advocate December 2019 19 bar news Cape

THE ANNUAL CAPE BAR QUIZ 2019 by Ruan Kotze

n 19 September 2019 the Junior Bar under the rather dubious name of Quizzie her, tried to incorporate some legal OCommittee hosted the third annual Rascals. questions. No, the first female judge in Cape Bar Quiz, welcoming 96 contestants The latter team were incensed and South Africa was not Justice Mokgoro but competing in 13 teams to the latest demanded to know why they had been Mrs Justice van den Heever of course! installment of this distinguished and hotly ‘disrespected’ with a table at the back Objections poured in and the TMO had contested competition. of the room, next to the unsightly pupil to be called upon to assist the ref on more Prior to the event, most bookies structure no less. The Quizzie Rascals than one occasion. had the odds set firmly in favour of a quickly had a team of waiters collect their As the finish line approached Norfolk repeat victory for last year’s winning table and deposit it on more valuable real and Chance, The Smartinis, The Ricequizbies team, Norfolk and Chance (a competition estate. and The Big Subpoenas were neck and mainstay comprised mainly of Maddison, In the meantime, the Quizmistress neck, it was anyone’s race. When the final the Fitzgerald Jnrs and the deadly had confessed under cross-examination scores were tallied, however, it was the Vaughn/Prain combo). to not having attended the venue dark horse that claimed a surprise victory: The evening got off to a very bumpy beforehand to conduct the contractually team Amicus Curious (comprised wholly of start with the quizmaster (or mistress in agreed sound check. As the venue’s sound pupils) had scuppered the senior teams’ this case?) arriving about 90 minutes late system was now determined to be beyond hopes of victory and claimed first place only to discover that she had brought the our reach we had to improvise with the from their derelict lodgings at the back of incorrect microphone and a screen that one speaker we had, and with teams the room. Congratulations to the victors, was about the size of an A3 page. squinting their eyes to read the questions and to them the spoils! The resultant delay gave the teams and cupping their hands behind their ears The Junior Bar Committee would like a lot of time to both get a head start on to hear the Quizmistress, the 2019 Quiz to thank all the teams who participated their refreshments and complain about finally kicked off. with such enthusiasm and gusto as well their table allocations. The pupil team It was, as expected, a hotly contested as our generous sponsors: Duminy SC Amicus Curious, who were seated at the competition with several teams (other for the Andante olive oil, Stelzner SC and bar counter, objected to their inferior than MacRobert de Niro and the Denny Pierre Rabie for the Giant Periwinkle seating allocation and proceeded to erect Cranes) making a strong play for the and Lexis Nexis for the gift vouchers. We a ramshackle structure directly behind leader board right out of the starting look forward to welcoming teams to next what is perhaps the most glamorous of blocks. Some turbulence was encountered, year’s competition. the regular teams: competing this year however, when the Quizmistress, bless

20 Advocate December 2019