The Johannesburg Bar Practise in His Majesty's Building - a Great Institution Which Was Refused
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THE BAR IN SA from the Minister of Native Affairs to The Johannesburg Bar practise in His Majesty's Building - a great institution which was refused. Opposition to Nokwe 's being afforded the same rights and amenities as fellow members of the Matthew Welz Bar came from those such as BJ Vorster, later to become Prime Minister, and ry little can be said about the Despite the fact that the colour bar had GGA Munnik and J van Wyk de Vries, Johannesburg Bar in 1 500 words. been a point of discussion in the society both later appointed to the Bench. ~That is the beauty of the institution. for many years before then, 1956 was Undaunted, the Bar allowed Nokwe the year in which the first black counsel, to share chambers with George Bizos Certainly one can list important dates: Duma Nokwe, signed the register. from 1956 until 1962, when, following 1902, when the first members signed Nokwe was active in ANC circles with persecution and detention, Nokwe went the register; 1926, when the first woman his student friend and fellow lawyer was admitted to our Bar; 1950, when into exile. Nelson Mandela, and his admission to the Johannesburg Bar achieved corpo Another 'non-European' member of the the Bar and membership of our society rate status on the adoption of its consti came at a particularly significant time. Bar at around the same time was Ismail tution; and 1956, when the first black Mahomed, later to become our first member of this Bar signed the register. In 1951, on the back of the govern black Chief Justice, who signed the reg ment's defeat in the Appellate Division One can list statistics, and use these to ister in 1957. Yet, despite these notable on the issue of the striking from the vot indicate the changes that have taken crusaders, and the many that have fol ers' roll of coloured voters, the govern place - from a fledgling Bar in 1902 to lowed them, this society is still largely ment had introduced the High Court of the 650 plus counsel today, working in a dominated by white members. Today Parliament Bill. Shortly thereafter, in division handling over 60% of the coun there are 159 non-white members of the 1955, the judges in the Appellate try's commercial litigation. One can Johannesburg Bar, including nine silks. Division were increased in number, point at percentages and proportions, allowing that Bench to be packed with It is with pride that today's members hoping that this will in some way illu political appointees. The Suppression of can look upon the fact that some of minate the dynamics of our Bar. But these are just dates and numbers, meaningless without the context that makes them significant. And the context is provided by the people at the Bar, the men and women that have made, and continue to make, these dates and num bers significant. The fust woman at our Bar was Bertha Solomon. The resistance displayed by prominent members of the Bar at the time, including Charles Frampton Stallard KC, might in today's context appear absurd - even in the context of 1926 it might be considered absurd. But Abram Fischer QC, Felicia Kentridge and Sydney Kentridge (now Sir Sydney Kentridge the profession as a whole, grounded as KCMG SC QC) at the time of the treason trials circa 1958. it is in putting spin on the words of Communism Act and various other our colleagues, both past and present, mainly dead people, has always been building blocks of apartheid legislation took up the cudgels for justice at a time resistant to change. In 1960 Ruth Kuper, were also passed in this period. when justice often seemed to be at the now a silk and still practising from mercy of the State. Some members, Innes Chambers, signed the register So it was in this climate that the such as Nokwe and Abraham Fischer yet she was only the ninth woman to do Johannesburg Bar welcomed its fust SC, sacrificed their careers fighting so in the 34 years between 1926 and black member. Well, maybe 'wel a system they knew to be unjust. 1960. While the move of allowing comed' is not the right word. For Members of the Johannesburg Bar rou women at the Bar was undoubtedly a Nokwe was indeed the subject of fierce tinely took up the defence of people great step forward in moving towards debates - should he be allowed to take charged with political offences when it parity between the sexes, most will up chambers with white advocates? was unpopular to do so. admit that despite this step; almost Should he be allowed to share the eighty years later, ours is still a male Indeed it was indicative of the time that, library and common room? dominated profession. Today there are when the first treason trial began in 126 women at the Johannesburg Bar, The question of Nokwe's taking up 1958, the State was represented by including six silks. chambers was subject to permission Oswald Pirow QC, three colleagues 12 ADVOCATE April 2004 THE BAR IN SA from the Pretoria Bar (all later to burg Bar has developed a group system. become judges) and four advocates Records indicate some form of group Juta from the attorney general's office. The structure as far back as 1922, for the defence was led by Issy Maisels KC, ostensible purpose of economising in Celebrates 150 with ten other members of the the provision of administrative and Johannesburg Bar, including notables years of pul:)lishing other support structures. But the role of such as Fischer QC, Sydney Kentridge the groups in an advocate's everyday history... and HC Nicholas. The court found that life has become more prominent in the that the Freedom Charter was not a trea last few years. Now a group provides Juta & Company is celebrating its ISO-year sonable document, but amounted to anniversary. From humble beginnings as a legitimate political activity - the out the mentoring, the everyday support and family business, often struggling through come of possibly the last political trial the collegiality that are so essential to turbulent and uncertain times, Juta has to be conducted in accordance with the practice. grown into a respected South African pub accepted rules for a fair trial. lishing house with a formidable reputation While the moves from Sauer's Building in the legal field. In the words of a former This non-conformist attitude resulted in to the Old Corporation Building, from CEO, James Duncan: The history of the the appointment of fewer members of there to His Majesty's Building, or even company encompasses world wars, local the Johannesburg Bar to the Bench than wars, depressions, famine and disaster the move in 1960 to Innes Chambers, anything but peace and boundless pros might have been expected at the time. expanding into Schreiner Chambers and And while many might say that our judi perity - yet we have survived and pros Colman Chambers as our numbers pered'. The company is named after its ciary and jurisprudence are the worse for increased, were purely logistical, the founder; Jan Carel Juta, who, while an arti this omission, it can equally be said that cled clerk to a firm of attomeys in Holland, the Bar benefited by having such recent expansion into Sandton has taken heard of the Cape from his sailor brother esteemed and highly qualified members on an altogether different significance. and decided to emigrate with his young in our midst for a while longer than The move north to Sandton was prompt wife (the sister of Karl Marx) to find his fortu·ne. What followed is one of the great might otherwise have been the case. ed by several factors, including the fact romantic African publishing sagas. For like any Bar, the strength of the that many of the large firms of attorneys Johannesburg Bar lies in its ability to and their clients had moved there, but The legal connection guide and assist new members, to help also the fact that the city centre had Juta's legal connection traces its origins as far develop the strengths and maintain the become less desirable as a place of back as 1860, when Jan Carel turned his _ traditions that have allowed the Bar to attention to producing quality legal works work. The move developed political sig remain relevant and respected for over and law reports. This legal connection has nificance, with a core of advocates a century. endured through to the modern day, culmi maintaining that the move marginalised nating in a Juta Director; Graeme Duncan KC The relevance of the Johannesburg Bar in - elder brother to one-time CEO Douglas black advocates - with the increases in the last hundred years is perhaps best Duncan, and one of South Africa's most rental and transportation costs, and the measured by looking at the Bench in the famous legal lights - representing the opposi limited space available in Sandton Constitutional Court over the last decade tion in three great constitutional cases, includ keeping young black counsel in town. ing the infamous 1952 High Court of - Arthur Chaskalson, Johann Kriegler, This perception is perhaps now chang Parliament Act case in the Appellate Division. Richard Goldstone, Ismail Mahomed, Edwin Cameron and Sydney Kentridge ing, with the rust predominantly black Juta Law publishes the South African Law have all done this Bar proud over the group opening up shop in Sandton in Reports, to be seen on the shelves of just years - both as advocates and judges.