WOMEN IN LAW: A Revisit

The Women in Law series done in 2022 and now the revisiting of same in this article – at its core – has always been about recognising the achievements of women who are doing remarkable things in the legal profession. It’s about shining a spotlight on women who are making strides in a profession which has, for the most part, been dominated by men.

In fact, it was only in 1923 that women were even allowed to be admitted to practise and to be enrolled as advocates, attorneys, notaries, or conveyancers in what was called the Women Legal Practitioners Act 7 of 1923.

And when you think about it, that wasn’t so long ago.

Yes, women in the legal profession have made immense strides since 1923, but there is still a long way to go. According to the Law Society of South Africa, there are currently some 33 929 practising attorneys and 6 294 candidate attorneys in South Africa. Of that 33 929, only 15 354 are female, which is just over 45%.

A new study undertaken at the University of Cape Town by researcher Dr Tamlynne Meyer titled Women perpetually marginalised in South African law firms, has set out the following –

Meyer said that the legal profession was a historically male-dominant profession, where a hyper-competitive masculinised professional culture operates. While there is much to celebrate in women’s advancement in the workplace, it is undeniable that many women in historically male-dominant professions such as the legal profession continue to experience myriad challenges as they pursue both a legal career and motherhood. According to Meyer’s research, most law graduates are women, who also constitute the majority of new entrants admitted into the profession. However, at the most senior levels of the profession, notably the partnership level, women comprise only 28% of partners compared to their male counterparts. She said there were at least two male partners for every female partner.

But it’s not just in the legal profession. According to Engelsman Magabane Incorporated in their article Women at the Top: Leadership & Business Trailblazers in South Africa sets out that while global averages place women at around 23–25% of board seats, recent local data show South African women occupy up to 36% of board seats in the JSE Top 40 and 37% in the Top 50 (2024), exceeding global trends.

This places South Africa ahead of most emerging markets and among the highest in Sub‑Saharan Africa, where the average board seat held by women hovers around 21%. Female CFOs and CEOs in the country are also on the rise, though still rare: CEOs comprise nearly 5 women among 45 boards surveyed, while CFO representation is roughly 25.9% (PIC 2024).

Even Kloppers Inc celebrated in a Facebook post that in August 2024 “Women occupy about 30% of senior roles in law firms, such as partners or directors, showcasing their growing influence in leadership positions”.

Now, we aren’t saying those numbers are good. All we are saying is those numbers have improved.

But there is clearly (still) deep inequality when it comes to equal representation of women in senior leadership roles both within the legal profession and outside of it.

We feel it’s up to us to recognise the strides and the accomplishments of Women in Law and to showcase who and what they are and what they’re doing. We need to – as a collective – applaud their hard work and constant striving to be women, wife, mother, daughter, lawyer, leader in a world that doesn’t give them breadth to be more than one of those things at any given time.

So, please join us as we recognise Women in Law who we believe deserve not just our applause – because that’s patronising – but our recognition for being more than just what society expects of them, more than just women.

They are Women in Law.

Talking about a revolution

When I sat down to write this article, I thought it would be easy to pick a female lawyer who sort of kicked started everything for us, someone we would all be able to look back on and go “ah yes if it wasn’t for her…” but truthfully, there are many women who broke the seal for us. Many women, who if it wasn’t for them, the legal profession today wouldn’t have 30% of women in senior roles in law firms (it’s still dismal but nevertheless) …

But we can start here – according to the Bridgegroup –

Ms Sonya Schlesin (described in the judgement as a ‘young lady’) sought to register her articles of clerkship with Mr Mohandras ‘Mahatma’ Gandhi, with the Law Society (reported judgment Schlesin v Incorporated Law Society 1909 TS 363) in 1909. The Law Society refused to register the articles of clerkship in view of the long practice not to admit women to be solicitors.

The Transvaal Supreme Court in its judgment reasoned that Ms Schlesin wasn’t a person “capable” of being an attorney, and thus not entitled to be admitted. The Court further held that admitting a woman would “mean an enormous difference in the practice of the courts in this country, and in any other country where such a change was made. Ms Schlesin’s application was dismissed with costs.

But Ms Schlesin’s application was the beginning of a revolution – because a few years later, in 1912, a Ms Madeline Wookey approached the Cape Provincial Division to compel the Law Society to register her contract of articles (Wookey v Incorporated Law Society 1912 CPD 263)

This application was to prove successful for Ms Wookey as the Court found that she was entitled to be articled as an attorney’s clerk and upon attaining the required qualifications, be enrolled as an attorney. The Court, somewhat boldly, held that because there was no positive law in South Africa prohibiting the admission of women, there was no reason Ms Wookey’s contract of articles could not be registered, and in time, Ms Wookey could be admitted as an attorney.

The Appellate Division didn’t agree and in Incorporated Law Society v Wookey 1912 AD 623, overturned the High Court decision. The Appellate Division noted that, the decision of the High Court would materially “widen the area of women’s economic activities, though that be done by opening to a host of new competitors the doors of an already congested profession.”

The appeal turned on the question whether a “person,” in the relevant statute on admission, was wide enough to include women or should be interpreted narrowly. Referring to the practice in the Roman-Dutch courts, the Appellate Division noted that “boys under 17 years of age were excluded from the profession of attorneys or advocates, as also women, the deaf, and the blind” as were “pagans, Jews, and pronounced heretics”.

The Appellate Division concluded that, the Legislature’s intention couldn’t have been to overturn the centuries of practice in excluding women that had been established since Carfinia ‘vexed’ the Roman Dutch authorities. Thus, the word “person” in the relevant statute had to be read to conform with that practice and women were to continue to be excluded.

But on the 26^th of March 1923, the Legislature, passed the Women Legal Practitioners Act 7 of 1923. The Act proclaimed that ‘women shall be entitled to be admitted to practise and to be enrolled as advocates, attorneys, notaries, public or conveyancers … subject to the same terms and conditions as apply to men.’ On the 10^th of April 1923, the Act was promulgated by publication in what was titled a “Government Gazette Extraordinary”.

Since the promulgation of the Act, great strides were made –

• In 1923, Ms Irene Antoinette Geffen became the first female advocate to be admitted to the Transvaal bar;
• In 1926, Ms Constance Mary Hall became the first woman to be admitted as an attorney in South Africa;
• In 1926, Mrs Bertha Soloman, was admitted to the Johannesburg Bar, becoming one of the first practicing women advocates in South Africa. In 1933, after working with women’s rights and suffrage organisations to help pass the Women’s Suffrage Act of 1930, Solomon became a South African Party member;
• In 1962, Olga Brink became the first female magistrate in South Africa;
• In 1967, Gladys Steyn was the first female legal practitioner at the Appeals Court in Bloemfontein;
• In 1967, Desiree Finca was admitted as the first Black female legal practitioner;
• In 1969, Judge Leonora van den Heever became the first woman judge in South Africa and in 1991, became the first female judge to be permanently appointed to the then Appellate Division;
• Jennifer Yvonne Mokgoro was a South African jurist who served on the Constitutional Court of South Africa from October 1994 to October 2009. She also chaired the South African Law Reform Commission between 1995 and 2011;
• Kate O’Regan is a former judge of the Constitutional Court of South Africa. From 2013 to 2014 she was a commissioner of the Khayelitsha Commissionand is now the inaugural director of the Bonavero Institute of Human Rights at the University of Oxford.Both Jennifer and Kate were the first females appointed as Justices of the Constitutional Court of South Africa;
• Lucy Mailula – the first Black female appointed as a Judge of the High Court of South Africa;
• Mandisa Maya – the first female and Black female appointed as President of the Supreme Court of Appeal of South Africa and Deputy Chief Justice of South Africa; and
• Shamila Batohi – the first female to serve as the Director of the National Prosecuting Authority of South Africa;

That is quite a legacy of Women in Law who took massive, brave strides so that we can all take brave, yet sometimes small steps towards choosing what our futures in law will look like. It‘s thanks to them that we even have the option.

So, thank you Ms Schlesin, Ms Wookey, Irene, Constance, Bertha, Olga, Gladys and Desiree as well as all the women who have followed that have lit the candle and kept the flame burning to light the way for all of us.

Thank you for the light.

Would you now like to meet some more Women in Law taking big steps forward?

Revisiting – Livingston Leandy Inc

When we first met with the women of Livingston Leandy Inc in 2022, we were taken aback by the fact that both Subashnee Moodley and Anisa Govender were women of such strong, immense character. Characters that were the result of humble, small beginnings.

It must be something in the water at Livingston Leandy Inc because when we sat down with Managing Director Naomi Williams and Director of Foreclosures and Employee Relations Nqobile Ngcongo, we were once again humbled by their collective determination, strength of character and immense will to get to where they are going. Which as one can imagine, is quite far.

Nqobile is first out the gate with her bubbly and outgoing personality, she readily admits to being a people person, but not a people pleaser. Hailing from Inanda, Umzinyathi area. Nqobile grew up in a “township” roughly 24 km Northwest of Durban. Nqobile completed her schooling in Inanda. Despite having very limited resources, Nqobile’s parents were determined to provide her with the best possible education even though they did not have the opportunity themselves. Nqobile later studied at the University of KwaZulu-Natal where she obtained her L.LB degree. Looking back, Nqobile recognises her humble beginnings and can happily admit that she has come a long way.

Naomi – one of five children – grew up in Tongaat on the North Coast of Durban. Both her parents were teachers and from an early age, there was this unspoken but well understood goal that all the children in the family would be educated – and what the children chose to do with that education was up to them. While Naomi’s family were incredibly supportive, they were not a family with substantial means. They were taught to work hard, to get their education and to make the most out of every opportunity.

So, she did. And she hasn’t let her humble background stop her.

Looking back, she laughs anecdotally – she had to take endless forms of public transport to and from the University of KwaZulu-Natal. But there wasn’t formal transport going exactly the route she and other classmates needed, making the trip to and from various parts of Tongaat to the University rather troublesome. So, she and a few of her UKZN peers got together, met with the manager of the bus depot to explain what was needed (setting out the various routes required) and lo and behold, it was organised. Ask and you shall receive!

But this didn’t mean that the buses or taxis were doing multiple trips. No. They dropped everyone off at university at one time and collected everyone at the same time every day – when the last person was finished their classes for the day. Easier for everyone but not easy.

Naomi recalls – sometimes when you need something done, you need to have the courage to take a few steps toward that goal – “Ask and find a way to make it work because quite often you realise that you aren’t the only one in a particular situation. And just because you find a solution, that doesn’t mean it will fit in exactly with your desired levels of comfort or convenience.”

You know, the kind of things a captain at the helm of an exceptionally large ship would say.

In between all this challenging work both Nqobile and Naomi are happily married with children of their own. When asked how they do it all – because it is a lot – they responded, “incredible support.” And honestly where would we all be without those that support us?

Both women openly and gratefully thank their husbands who they say have shown incredible support both with their careers and with their families. Allowing them to have their cake and eat it too – being able to have a family and a career is possible for these women who make it all look so easy (even when it’s not). But they don’t take it for granted recognizing that there are many who are not as fortunate.

Naomi and Nqobile are proud to say that Livingston Leandy Inc is a supportive and flexible environment where physical presence at the office is not overrated and professionals are able to fully deliver legal services at the level of professionalism expected, due to the introduction of systems and technology which provide the capability to access work from anywhere.  In addition, with software like AJS they can timeously attend to necessary invoicing, and billing requirements.

But it’s more than that. They are a law firm that embraces a balanced lifestyle where professionals with families are both supported and encouraged, where all employees (and their families) have access to physical, emotional and financial support through Healthy Company.  Also, the board, when making important decisions, just “wants to do the right thing.”

When asked what advice they would give to young lawyers entering the profession (and to their younger selves), they said the following –

• “No opportunity is too small, use every opportunity given to you,”
• “Do more than just show up,”
• “Bridge the gap between your expectation and the reality of practising law,”
• “Be prepared to put in the work,”
• “Don’t neglect your mental health, burnout is real. When it’s time to shut off your laptop. Shut it down.,”
• “Don’t wait for someone else to choose you, choose yourself because when you do the universe just naturally starts aligning with your goals,” and
• “If you are clear about your own self-worth and about your own goals, people start to rise to your level and that’s a powerful thing.”

And what a bombshell to end this portion of the article on “Choose Yourself.” What could be a more powerful, more encouraging thing to say than that?

If you are looking for a law firm that genuinely cares about you and your wellbeing, that genuinely wants to do the right thing and a law firm that is always striving to do its best, get in touch with Livingston Leandy Inc today.

Introducing – The NLA Team

When sitting down with Natalie Lubbe, director of the NLA Team, one is struck by two things. The first is the ease with which you can completely be yourself, there are no expectations for bells or whistles of any kind.

The second is the feeling that you are sitting with someone with strength of character. Natalie just naturally exudes it. You can tell she doesn’t suffer fools gladly. But in that there is a sense of comfort. Like you’ll be taken care of come what may.

On the NLA team’s website it says, “We’re human.” I believe that great companies lead from the top. In this case, the proof is very well and truly in the pudding. Because Natalie is as down to earth, approachable, and as human as they come. And that really is a breath of fresh air in what can be a very stale environment.

As a wife and a mother, Natalie reminisces that NLA was actually started by accident. A happy accident but an accident, nonetheless. As many of us will understand, post-articles leave many newbie lawyers a little disillusioned, a little lost, and very much looking for their next big move.

Natalie’s next big move found her serving as a partner at The Write Company – a company prompted, of course, by an author who had the big idea of teaching people how to write novels. But not all “big ideas” translate into “big bucks” and the week Natalie resigned from The Write Company, she learned that she was pregnant with her first born.

But being a woman of purpose, Natalie realised then and there that to get ahead meant she would need to practice her craft and – as things usually happen – fate stepped in, she hooked her first big fish (which has been a marvelous keeper) and the NLA Team was born.

Born of determination, grit, hard work and their 4 core values – honesty and integrity, a “can do” attitude, respect and being invested – the 20yr old NLA Team (a happy, formidable team of 10) has a lot to be proud of.

They are a supportive team that takes mental health, family matters and the need for personal time seriously. Each member of the team is made to feel like a part of the family – they are even allowed to take their pets to work.

Work is important but the NLA Team has also allowed Natalie to be a very hands-on parent. Something she doesn’t take for granted. Something the rest of the team don’t take for granted either. They are happy campers who all pull their weight ensuring that they remain true to their core values on a daily basis.

When asked what advice she would give young attorneys entering the profession (and what she would say to her younger self) Natalie said this – “be authentic, be real and approach the practice of law like a human being and not a robot. You may have big plans for your life. But life is what happens when you’re making other plans. Take everything one step at a time. If you need to, take a breath, take a step back and reevaluate. And most importantly – how do you eat an elephant? One bite at a time – “chew the bite you are busy with and enjoy that bite.”

Sage advice indeed.

Natalie specialises in insolvency, commercial and corporate law. If you are looking for a law firm where the team is human, where they are easily contactable, and where they are invested in you, get in touch with the NLA Team today.

We are so proud to be associated with both Livingston Leandy Inc and the NLA Team – both law firms spearheaded by strong Women in Law who bravely hold the beacon of light for other women to follow.

We are proud of the women within our own organisation too who are wives, mothers, daughters, leaders shining their own lights brightly, breaking down barriers and proving that they have a right to be where they are.

We support Women in Law, Women in Corporates. Women. In all roles. Across all fields and all diversities. And we encourage them to raise their voices for the whole world to hear! So that those that can’t speak, can be heard.

I raise up my voice—not so I can shout, but so that those without a voice can be heard.” – Malala Yousafzai, Nobel Peace Laureate & Education Activist

– Written by Alicia Koch on behalf of AJS

(Sources used and to whom we owe our thanks – Bridegroup; DeRebus here and here; Judges Matter; Law Society; Engelsman Magabane Incorporated and Women perpetually marginalised in South African law firms)