The costs of sustaining a practice can be daunting for a junior advocate and can end up destroying careers, as it did in the case of Cape advocate Chumani Giyose, who was expelled last year for not being able pay to his Bar dues.
He told the media his practice collapsed because he could not longer afford to pay bills, thanks to what he called “untransformed briefing patterns”.
Giyose, who was the second most senior African man at the Bar, was not the last to leave. But those who left after him did not want to speak about their experiences.
However, three black women advocates who have chosen to fight for transformation told Weekend Argus the Bar was stifling black advocates’ growth.
“It’s time for us to tell the truth about what’s really happening,” Fairuz Seria, who has been at the Bar since 2013, said.
She was joined by colleagues Pearl Mathibela, and Julianna Thaysen. Mathibela has been at the Bar since 2013, while Thaysen has almost nine years under her belt. The women explained the costs of setting up a practice. After being admitted as an advocate and completing pupillage, advocates sign a register to become a member of the Bar.
That brings additional responsibilities, starting with compulsory setting up of chambers. If there aren’t any vacant chambers, junior advocates have to share.
New members of the Bar appear on a list arranged in alphabetic order by their surnames and have to select vacant chambers in buildings near the Western Cape High Court. Monthly rentals range from R3 000 to R9 000.
General Council of the Bar of South Africa levies of about R160 a month are payable during advocates’ first and second years and all advocates pay floor dues - anything from R2 500 a month upwards. This includes the salaries of reception and secretarial staff, cleaners, tea and coffee expenses and photocopies.
Advocates have to furnish their chambers and buy whatever is necessary for their day-to-day duties.
Usually, by the time everything has been set up, they would not yet have had their first brief.
Seria said advocates were not allowed to tout and could only be briefed via instructing attorneys, including the State attorney, who represents government departments and agencies.
Some set themselves up during their pupillage year, networking with attorneys and senior colleagues. Others who have no network simply wait, bearing in mind that they need to earn enough to cover expenses.
Seria is involved in a dispute over an increase in floor dues where her chambers are situated. She argues no consideration was afforded to historically disadvantaged individuals and the impact of skewed racist brief patterns when the decision was taken to increase floor dues.
Thaysen, who is completing her master’s in tax law, said for black counsel at the Bar, just finding briefs was a challenge, let alone briefs in a specialised field dominated by a select few.
Mathibela, who has also been in and out of court over a rental dispute over her chambers, said the Bar ignores the impact of skewed racist briefing patterns and the effect late payments and defaulting attorneys had.
Cape Bar Council chairman John Butler pointed out that, when joining the Bar, members agreed to pay their dues.
“They cannot reasonably expect other members - mostly juniors - to pay their debts for them. While you refer to black counsel being sued for non-payment of rent, there are numerous white counsel also sued,” he said.
Sunday Argus