- Introduction
- The South African Bar Association, a voluntary association of
advocates, registered in terms of the Legal Practice Council of South
Africa, addresses this correspondence to you in order to seek financial
assistance in the form of a corporate sponsorship.
- The sponsorship will be employed to give effect to the overarching
objectives and mission of the Association, which we discuss below.
- Mission and objective
- The overarching mission of the Association is to transform the legal
profession and to inter alia advance access to the profession by female
advocates in general and black females, in particular.
- In order to understand and fully appreciate the dynamics in our
contemporary South African legal profession, particular regard must be
paid to developments in the country over the last 25-30 years. During
the aforementioned period, we saw the fall of the apartheid system and
the rise of constitutionalism underscored by democratic values and
objects. The legal profession has seen various transformation
initiatives, but most of these, though well-intended, have not had, any
significant, let alone, a desirous effect. Transformation in the legal
profession is challenged for speed, this much is evident when
considering the following statistics. In the mid1980s, blacks (persons
classified under apartheid as Indian, Coloured or African) constituted
approximately 10% of the 6500 attorneys and 7% of the 650 advocates.
- The ratio between advocates and attorneys was approximately 10:1. By
2017, the ratio between these two remained, largely, the same, with
25,283 attorneys to 2,915 advocates. What is even more alarming, and
quite evidently anomalous, is the fact that of the aforesaid figures,
practising white attorneys constituted 58% of attorneys and white
advocates 63% of advocates, in a country where the population is more
than 80% black.
- A great number of legal practitioners as well as institutions pursuing
transformation are in agreement that the legal profession is in urgent
need of transformation. As to what is meant by it, appears to be either
an uncomfortable discussion often temporarily satisfied with platitudes
or an agenda item to be considered briefly just to be, proverbially,
kicked down the road for as long as possible. The promulgation of the
Legal Practice Act, 28 of 2014 was anticipated to spearhead greater
direction towards regulating the profession and collaterally to advance
some form of transformation.
- The South African Bar Association has been established to aggressively
pursue the transformation of the legal profession with renewed vigour
and passion but is financially hamstrung in pursuing this objective.
- The Association's seven fold mission is accordingly to:
-
actively promote and facilitate the access of female advocates
into the profession;
-
remove the practice restrictions placed on advocates by
traditional bars, relating to location and the manner in which
chambers are held, and to encourage advocates to practice from
premises and locations that are suitable for an advocate's
practice;
-
significantly reducing bar subscriptions, by subsidizing female
and black junior advocates;
-
invest in the ongoing training and development of junior
advocates so as to maintain standards of excellence that an
advocate's practice demands. To this end the Association
conducts weekly training sessions at no cost to participants
aimed at upskilling legal practitioners and thereby to improve
the quality of legal representation in our courts;
-
facilitate and optimise opportunities aimed at making legal
practice more accessible and affordable;
-
foster relationships with functionaries so as to ensure that
racially skewed briefing patters of advocates by big law firms
are eliminated;
-
address the anti-competitive narrative held by some attorneys
which results in the briefing of advocates of a particular
association exclusively at the expense of non-member advocates.
- About the South African Bar
Association
- The Association operates nationally but holds its Administrative
offices in Sandton, Johannesburg from where it navigates the affairs of
the Association.
- The Association has established, in order to promote its commitment to
transformation and advancing the cause of female legal practitioners,
collaborative relations with organisations such as SABWil.
- Purposes for which sponsorship
assistance will be used
- Financial support in the form of a once-off or recurring sponsorships,
will be employed in the following areas:
-
continuous training and development of advocates;
-
subsidizing of female and specifically black female advocates'
bar subscriptions and chamber fees;
-
legal assistance for the poor and indigent on a probono basis;
-
defending public interest cases intended to promote and protect
the South African constitutional democracy;
-
establishment of a transformation fund for the assistance of
junior and specifically black female advocates
- In order to promote the continuous training and development of
advocates, the Association will ensure that:
-
advocates receive ongoing training and development within their
various practice areas. Whilst the LPC regulates the compliance
issues pertaining to advocates, it does not offer continuous
development and training per se.
-
as an Association we will source in, trainers from various
fields to conduct ongoing training and development of advocates.
Trainers will be sourced from senior members of our profession,
academics, retired and current judges and specialised
institutions. The costs for such interventions will be covered
by the sponsorships that the Association managed to secure.
- In order to promote the objective of subsidizing of female advocates'
subscriptions and chamber fees, the association will take steps to
ensure that:
-
junior advocates and specifically black female advocates, who
struggle to build successful practices within the first 5 years
of practice, causing them to invariably leave the profession,
resulting in the numbers remaining continuously skewed, receive
financial support by way of subsidies.
-
the Association has accordingly adopted a policy to absolve
junior advocates from paying any subscriptions to the
Association for the first 5-years of their practice.
- In order to give effect to its objective to provide Legal assistance
for the poor and indigent on a probono basis, the Association will
ensure that:
-
its members assist the poor and indigent on a probono basis, but
still provide a stipend payment for such services, to be paid to
junior advocates.
-
The sponsorship secured will be utilised to ensure that the
poor, indigent and unrepresented receive adequate legal
representation and assistance, whilst enabling some income for
junior advocates.
- The protection of the South African constitutional democracy is a key
component of the Association's service offering. By defending public
interest cases we intended to promote and protect the constitution of
South Africa. The Association holds our hard-fought constitutional
democracy in high esteem and will involve itself in any public interest
matters which threatens or has the potential to threaten, our
constitutional democracy. The sponsorships secured will be utilised
towards funding such initiatives.
- The Association will establish a transformation fund for the assistance
of junior and specifically black female advocates. The Association will
employ funds received from sponsorships to fund a transformation fund
which is intended to ensure that junior black advocates are involved in
matters that will expand their scope and development, albeit that the
Association will be paying the junior advocates for the services
rendered on such matters.
- The sponsorship options
-
In light of the above the Association seeks your organisation's kind
assistance in the form of a sponsorship in any of the following amounts:
Bronze |
R1000 - R50 000 |
Silver |
R50,000 - R150,000 |
Gold |
R150,000 - R250,000 |
Diamond |
R250 000+ |
-
The Association shall ensure that its books are audited annually and
sponsors will be permitted, at any stage, to request an analysis of how
sponsorship benefits were utilised within the confines of the purposes
for which sponsorships were sought.
-
We look forward to your contribution and shall provide banking details on request.