Engelsman Magabane Incorporated

100 Years of Women Lawyers in South Africa: A Time to Celebrate and Reflect

Congratulations to the incredible women legal practitioners of South Africa on the momentous celebration of the 100th anniversary of the Women Legal Practice Act of 1923! We would also like to wish every woman a Happy Women’s Day! This Act was a groundbreaking milestone, opening the doors for women to enter the legal profession in the country. Irene Geffen became the first woman to be admitted as an advocate in 1923, followed by Constance Mary Hall as the first female attorney in 1926. However, due to the discriminatory apartheid policies, it took considerably longer for black women to enter the legal profession. It was not until 1967 that Desiree Finca became the first black female South African lawyer. Despite racial discrimination, black women in law in South Africa have excelled, as evidenced by the historic appointment of Justice Mandisa Maya as the first female Deputy Chief Justice in 2022.

A Century of Progress and Challenges

In honor of the 100th anniversary of the Act, the South African Chapter of the International Association of Women Judges and the 100More Campaign hosted ceremonial sittings on Tuesday, 25 April 2023, in the Gauteng, KwaZulu-Natal, and Northwest provinces. Honorary guests at the Gauteng High Court sitting in Johannesburg included Desiree Finca. During a special sitting in Pretoria, Judge President Dunstan Mlambo ceremoniously “overturned” two judgments from 1909 and 2012 that had excluded women from entering the legal profession. Women in law from around South Africa took to the podium to share their journeys and call for gender equality in the legal profession.

Voices for Equality

During the Pretoria special sitting, Shamila Batohi from the National Prosecuting Authority acknowledged that despite some advancements, women in the legal profession still face numerous obstacles. Advocate Kgomotso Moroka from the Johannesburg Society of Advocates emphasized the need for more work to achieve women’s equality, especially for black women. Advocate Kagiso Magano from the Tshwane Society of Advocates posed critical questions about the profession’s efforts to address these issues, highlighting that simply appointing women to the Bench is not enough.

Judge Tolmay urged women in the legal profession to be trailblazers and pioneers, stating, “Let us be the change we want to see. They call us emotional. Yes, we are. We care.”

Ongoing Challenges and Future Directions

Despite celebrating 100 years since women were allowed to enter the legal profession, few women occupy leadership positions in South Africa. The Institute for African Women in Law (IAWL) recently conducted a study on African women’s representation in leadership roles in the bar, the bench, and the legal academy, highlighting these challenges and providing recommendations. The focus countries included South Africa. We are pleased to announce that these reports will soon be published on our website and shared on all our platforms.

Conclusion

As we commemorate the 100th anniversary of the Women Legal Practice Act of 1923, it is essential to celebrate the progress made and acknowledge the work that still needs to be done. The journey of women in the legal profession in South Africa is a testament to resilience and determination. Engelsman Magabane Incorporated, a majority female owned company, is proud to stand with these trailblazers and continue advocating for gender equality in the legal field.

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