THE BAR IN SA was a circuit court. This led to an arrangement being made between the A brief history of the North West Bar and advocates who were employed Bar Association as lecturers at the Law Faculty of the newly established University of LCJ Maree SC, Mafikeng Transkei in terms of which lecturers were allowed to practise on a part-time basis. Thus in 1978, Don Thompson, Birth and name (Judge-President of the High Court of Bophuthatswana), F Kgomo (Judge­ Brian Leslie, Joe Renene and Selwyn In an old dilapidated minute book, the President of Northern Cape High Court) Miller (presently the Acting Judge following is to be found on the first and Nkabinde, Leeuw and Chulu President of the Transkei Division) all page: 'Ons, die ondergetekendes, stig (deceased) Uudges of the High Court of became members of the Society. hiermee 'n organisasie wat bekend sal Bophuthatswana). A number of our staan as die Balie van Advokate van The membership of the Society grew members have acted as judges in various Bophuthatswana, ook bekend as die steadily during the 1980s. New members divisions and Lever SC has also acted in Balie van Bophuthatswana. Die grond­ included Tholie Madala (a justice of the the High Court of Botswana. Our mem­ wet van die Vereniging is hierby aange­ Constitutional Court from its inception), bers have chaired various commissions heg as Bylae A.' The 'stigtingsakte' as Peter Rowan, Peter Barratt, Joe Miso, during the period when commissions of they called it, was signed by Advocates enquiries were fashionable. Vic Vakalisa (upon his return), Digby JJ Rossouw, TBR Kgalegi and LAYJ Koyana, Nona Goso, Sindi Majokweni, Thomas on 17 March 1981 at Mafikeng. We indeed pride ourselves that we have David van Zyl (presently a judge of the produced more judges per capita than Ciskei Division), Antonie Troskie, Paul Members any other Bar association in South Africa. Sullivan and Mncedi Matyumza. The This was the coming into being of the burgeoning membership of the Society then Bophuthatswana Bar Association, Premises outgrew the space available for cham­ now known as the North West Bar bers at the Old Mutual Building, and Association (NWBA). We have also strived to accommodate members practised at chambers located all our members on the same premises None of the founding members is with at various different premises in town. and although there was a brief period us anymore. Thomas left the Bar in The Society then secured a portion of the during which we were unable to do so 1982, Kgalegi in 1984 and Rossouw Holy Cross Building for occupation by due to 'excessive' numbers, the modem passed away in 1983. I joined the Bar in age of partitioning quickly solved the its members during or about 1989. The 1982 and BG Savvas did so in 1983. problem. In retrospect we have by now whole building was secured for cham­ For quite a number of years we were 'paid' for the building we found our­ bers about three or four years later. only three members at the Bar - selves in, but unfortunately it is in the Membership of the Society grew rapid­ Kgalegi, Savvas and myself. With the form of rentals. ly during the 1990s. The new members assistance of 'outside' counsel we were included Nceba Dukada, Russi able to cope quite satisfactorily with the Staff Madlanga SC, Pat Holomisa, Gerhard work generated in the then Supreme The NWBA 'staff turnover is zero. Elize, Court of Bophuthatswana (now the Beukes, Phillip Zilwa, Chris Jafta Hendrien, Getrude and Sam have been in High Court of Bophuthatswana). With (presently an acting justice in the its employment for so long that they are the importation of an advocate as a Constitutional Court), Sabbath Peko, sometimes - incorrectly so - regarded as guest speaker for our Bar dinners and Mandisa Maya, LP Pakade (the three part of the furniture. the presence of the Attorney General, are presently judges of the Transkei we managed to have an equal number of Fight for survival Division), Zolile Gaju, Selby advocates and judges present. Mbenenge, Dumisani Mgijima, Mwelo When attorneys were admitted to prac­ Nonkonyana, Mathobela Sishuba, During 1985 the 'floodgates' opened tise in the High Courts of South Africa without a to the advocates, Vusumzi Msiwa and others. Some and we were joined by FD Kgomo, quid pro quo it dealt a severe blow to the practices of members who are or were members of H Lever, J Pistor, P Simmons, H Knopp and J Chulu, whilse BE Nkabinde, especially junior counsel at the NWBA. the Society - Rogers, Dukada, Beokes, L Lever and M Mogoeng joined us in The further inability of the then Legal Zilwa, Mbenenge, Matyumza, Jozana the early 90s. Later arrivals include Aid Board to effect payment timeously and Goso, have even had acting R Hendricks, M Leeuw, F Ndaki, or at all caused a number of juniors to appointments as judges in other divi­ H Boikanyo, SG Mothibe, J Mihalik, pack it in and seek greener pastures sions of the High Court of South Africa. P Khuduge, Y Dibetso, D Moseki, elsewhere. Membership of the Society has been JS Stander, OK Chwaro, D Kneen, The opinion of the Competition Board steady at more than twenty for the past CJ Zwiegelaar, N Gutta, MG Hitge and as to the right of existence of a Bar ten years or so. This Bar, probably more SJ Senatle. association whose members practise than any other society of advocates in from the same premises and the loom­ the country, reflects the population Achievements ing determination of the Legal Practice demographics of the area it serves. m Members of our Bar that were elevated Bill cast a dark shadow indeed over the to the Bench include MTR Mogoeng continued existence of the NWBA. April 2004 ADVOCATE 19 THE BAR IN SA It is indeed sad that in spite of its We have served the community in Epitaph resilience, the NWBA as we know it, which we live well and are still doing If we are not careful and if we fail to might disappear. As a voluntary associ­ so; we have rendered exemplary legal appreciate the value of a Bar associa­ ation it must surely have the sole right to services to the community and still do; tions, we may have to write the follow­ decide on its future and not be pre­ we did a lot of legal aid and pro bono ing: 'Here lies the NWBA, a voluntary scribed to by people who never prac­ work and sti ll continue to do so; and we association established to render legal tised as advocates nor were members of have produced some of the finest judges services to the public, but unfortunately any Bar association. to the High Court of South Africa. legislated to death.' CD the Eastern Cape Local Division and fell Origins of the Port Elizabeth Bar under the jurisdiction of Cape Town. All appeals were heard in Cape Town.) Peter Kroon There was considerable agitation for the he origins of the Port Elizabeth 2002, he was the most senior practising establishment of a coastal division with Bar are somewhat obscure. junior advocate in the country. the seat in Port Elizabeth, a move that was During the 1930s, if not earlier, a strenuously opposed by 'Jessie' Jennet T It was only in about 1960 that most of the handful of advocates practised in Port who became Judge President in 1962. It Bar came together (about ten advocates) Elizabeth without any particular organi­ was only after the Rumpff Commission's under the chairmanship of Calman sation. It seems as though no formal recommendation (1974) was accepted Isaacson, who moved to Port Elizabeth meetings were held as no minutes can be that the local division was established. from Johannesburg. Melunsky (later a traced. The earlier practitioners included judge) was at that time the secretary. The Supreme Court sat in the Magi­ Oswald Sampson (the first Port strates' court building - in appalling con­ Elizabeth advocate to be appointed to At that stage Port Elizabeth was a circuit ditions - until the new High Court was the Bench), Porter-Mathew QC, Bernard court local division and its jurisdiction built in Bird Street in 1989. Pohl and Gordon Davis. was limited to the magisterial district of Port Elizabeth. There was a motion court In the late 70s and early 80s chambers Their respective offices were scattered once a month and periodic civil and were made available, without hesitation around town and a few appear to have criminal sessions. Advocates who lived and in defiance of the prevailing legisla­ congregated in the old Barclays Bank in Port Elizabeth were regarded as a bit tion, to black members of the Bar. These building in what was then Main Street. of a 'rebel' Bar. The Eastern Cape included the late Deva Pillay, as well as Steve Rein - who at 81 describes himself Division had been established in 1958, Judges Dayalan Chetty and Ronnie as the oldest living 'relic' of the Port with the seat of the court being in Pillay, presently on the Bench. Elizabeth Bar - told me how, having taken Grahamstown. There were about four or up chambers in North End in a building With the establishment of the South five judges living in Grahamstown. which was still under construction, he was Eastern Cape Local Division, the Bar in (Originally the entire area was known as visited by an attorney who - refusing to Port Elizabeth grew to the extent that take the stairs for fear of his safety ­ Centenary celebrations of the Eastern Cape Division of the shouted from the street below and threw Supreme Court of South Africa, Grahamstown, 29 July 1964.