Another Bar backs women’s bid to join NPA state capture team

The Pan African Bar Association of South Africa (Pabasa) has joined a number of legal fraternity organisations that have condemned the appointment of an all-male team of advocates to assist the National Prosecuting Authority (NPA) investigate and prosecute state capture crimes.

Pabasa chairperson advocate Muzi Sikhakhane SC said the organisation was deeply concerned at the government’s disregard for gender parity in the handling of the state graft cases.

Last week, female advocates and attorneys criticised the decision by Minister of Justice and Correctional Services Ronald Lamola to appoint advocates Tembeka Ngcukaitobi, Wim Trengove, Ngwako Maenetje and Geoff Budlender, but exclude their female counterparts from the team.

Lamola briefed the four legal eagles on assisting with the investigation and prosecution of state capture crimes and said R20 million had been set for the fees for the work.

Sikhakhane said the composition of the team reflected the “commonly held stereotype” that female legal counsel lacked the competence and skill to lead teams of advocates or to strategically direct litigation.

“There are numerous highly skilled female senior counsels in South Africa who would have served the interests of the NPA with distinction in this case.

“It is an inescapable conclusion that the gender stereotype that women are not worthy of being leaders was applied in choosing the leading team,” Sikhakhane said.

Pabasa was particularly concerned that the NPA had briefed several women as juniors to the all-male led team.

Pabasa said women advocates continued to experience considerable difficulty not in merely entering the profession, but in staying in it and building competitive and successful practices.

“Notwithstanding the attempts by Pabasa and other bars to address gender imbalances, women remain unable to access certain areas of work.

“This is primarily due to vastly skewed briefing patterns that relegate women to doing gender-compartmentalised kinds of ‘insubstantial’ work or being juniors to male colleagues on larger and more important matters,” Sikhakhane said.

Pabasa also said it supported the #WeTooWomenLawyers initiative to have the leading team reconstituted.

“We also recommend the #WeTooWomenLawyers call for the president to host a summit specifically on briefing patterns and gender issues in the legal profession,” the Pabasa chairperson added.

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