Transformation: Commission document targets legal profession

A discussion document on gender transformation in the judiciary and across the broader legal fraternity was gazetted on Friday for comment, reports Pam Saxby for Legalbrief Policy Watch. It was ‘borne out of … (a) complaint lodged with the Commission for Gender Equality by the (University of Cape Town’s) Democratic Governance and Rights Unit and Sonke Gender Justice’ in 2012. While the document concedes that some progress has since been made, ‘a tangible action plan’ for achieving gender ‘parity’ is nevertheless deemed necessary given widespread perceptions that the sector continues to discriminate against women as legal practitioners in general – but especially against black women. A summit is planned at which the ‘practical, specific and feasible recommendations’ made in the document will be ‘further interrogated’ with the aim of overcoming obstacles to ‘the progression of women lawyers within the legal profession’ and arriving at ‘a more inclusive and representative legal sector’.

According to the document, there is a tendency for female attorneys and advocates to be overlooked for assignments involving ‘complex litigation matters’, in briefing patterns and succession planning, and when nominating candidates as possible appointees to judicial positions. Even mentorship and training opportunities for female lawyers are limited. While the document blames this on a general reluctance among experienced male professionals to mentor ‘young black women practitioners’, it also alludes to financial constraints in the context of acquiring judicial skills. Other issues explored include: the extent to which ‘excessive’ working hours clash with family responsibilities; sexual harassment and victimisation in the workplace; the lack of leadership opportunities for women attorneys and advocates in ‘legal structures’; and an apparent unwillingness ‘to consider women in academia or (the) private sector … (for) judicial appointments’.