Notes on the History and Development of the Transkei Society Ofadvocates M

THE BAR IN SA of chambers; namely, the High Court of the Arbitration Foundation of South The Pretoria Bar continues to play a Chambers in Vermeulen Street, New Africa (AFSA). A branch of AFSA was leading role in the training of pupils, and Court Chambers in Paul Kruger Street, also established in Pretoria in 2003 has added 52 new advocates to the ranks and Brooklyn Chambers in Dey Street, under the auspices of the Pretoria Bar, of practising advocates in 2003 alone. Brooklyn, for those who prefer to prac­ and silks and retired judges are frequent­ Life at the Pretoria Bar continues to be tise in a more suburban setting. Its ly seen dispensing justice from the local library, named after Oscar Galgut JA, rewarding and challenging, with the Bar Arbitration Centre. one of its leading members, is currently being in the forefront of legal develop­ housed in the historical Leendert Te The Pretoria Bar has been an important ments in the national capital. Its mem­ Groen Building, more commonly source of judicial appointments: 26 of bers practise in the High Court and known as the Pierneef Museum as the the current members of the Transvaal magistrates' courts over the length Pierneef art collection was exhibited Bench came from among its members, and breadth of the old Transvaal, and there until recently. whilst two of its erstwhile members travelling over the Jukskei River, the Alternative dispute resolution in the presently sit in the Constitutional Court, Vaal River or the Drakensberg Moun­ form of arbitration has become a popular one in the Supreme Court of Appeal, tains creates exciting opportunites to method of practise of the law, and the two in Natal, one in the Cape and one in wreak havoc in the territories of our Pretoria Bar became a founder member the Eastern Cape. provincial colleagues. m

Division. Wienand, who arrived as a Notes on the history and development judge in the Transkei in mid-1975, died of the Transkei Society ofAdvocates in January 1977. He was succeeded by LA Rose-Innes. Mathobe/a Shisuba, Transkei Bar Next to join the Bar in Umtata was Fikile Barn. He became a member dur­ ing 1977/78, was subsequently appoint­ he High Court of Transkei was Dave Rogers took silk in 1975, thus ed a judge of the Land Claims Court, established during 1973. Initially becoming the first SC of the Transkei and is now a judge of the Transvaal Tthere was only one judge, GGA Society of Advocates. Jeremy Pickering Provincial Division. The first person to Munnik, who was seconded from the (presently a judge in the ECD) then do pupillage under the auspices of the Eastern Cape Division, and who later joined the Bar in Umtata during January Transkei Society of Advocates was became Chief Justice of the Transkei 1976. He was joined by Neilen Locke Geoff Kakana during 1978. In those High Court. The office of Attorney­ (presently a judge in the Transkei days when the Supreme Court went on General was also established in Umtata Division) during August 1976. circuit, it was accompanied by all the during that year. The first Attorney­ members of the Bar. This was so General was Guy Titterton. The High Court of Transkei became because the circuit rolls were unusually known as the Transkei Supreme Court large--sometimes with more than fifty The first advocate to set up chambers in when the homeland became'independ­ matters on the roll. The rolls were heavy Umtata (also during 1973) was Dave ent' in October 1976. At that time the because the regional court had not yet Rogers. He came to Umtata from Bench consisted of two members, Chief been established. The fact that the entire Grahamstown, where he had been prac­ Justice Munnik and Judge SHE Bar went on circuit meant that little hap­ tising as an advocate. His chambers Wienand seconded from the East Cape pened in the court in Umtata when there were in the Old Mutual Building in Leeds Road. Shortly after his arrival, Dave Rogers was joined by Vic Vakalisa. Vie Vakalisa, however, did not remain at the Bar for very long. He left during 1975 and went to practise as an attorney. He rejoined the Bar"during the 1980s. The next person to join the Bar in Umtata was Beresford Koyana. He did so during 1975. He was employed by the University of Fort Hare which estab­ lished a branch in Umtata and com­ menced operations in 1976 as the fore­ runner to the University of Transkei. He Historic photo taken in December 2003 ofthe judges ofthe ofthe now demisedTranskei High practised at the Bar until his untimely Court which was incorporated into the Eastern Cape Division. Back row: Judges N Locke. LP Pakade, F Dotwana, X Petse, P Ebersohn; front row: Judges M Maya, C Jafta, ZS Peko death in 1976. (Acting Judge President), S Miller and V Quiba. Absent: I Schoeman and Z Nhlagulela.

18 ADVOCATE April 2004 THE BAR IN SA was a circuit court. This led to an A brief history of the North West arrangement being made between the 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) (judges 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 bers have chaired various commissions Constitutional Court from its inception), 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 quid pro quo to the advocates, Vusumzi Msiwa and others. Some and we were joined by FD Kgomo, 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. [[} 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