By Samwel Imanani Alfred – University of Dar Es Salaam

Celebrating 100 years of women in law in South Africa is not just a milestone but a testament to the progress and achievements of women in the legal profession. It marks a significant moment in the fight for gender equality and the recognition of women’s rights in the legal field. The journey towards women’s inclusion and representation in the legal profession has been a long and arduous one.

Historically, women were excluded from pursuing a legal career due to societal norms and discriminatory practices. However, the past century has witnessed a gradual transformation, with women breaking barriers and making strides in the legal profession. The celebration of 100 years of women in law in South Africa is a recognition of the trailblazing women who paved the way for future generations. These women were pioneers who fought against the odds and shattered the glass ceiling. They defied societal expectations and challenged the status quo, proving that women are just as competent and capable as their male counterparts.

The significance of this milestone goes beyond mere celebration. It serves as a reminder of the progress that has been made and the work that still needs to be done to achieve true gender equality in the legal profession.

Enactment of legislation and policies: The Employment Equity Act of 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 are examples of legislative measures aimed at promoting gender equality and addressing discrimination in the workplace, including the legal profession.

Appointment of women to high-profile judicial positions: Notable examples include Justice Yvonne Mokgoro, who became the first Black female judge on the South African Constitutional Court in 1994, and Chief Justice Mogoeng Mogoeng appointing Justice Mandisa Maya as the first female President of the Supreme Court of Appeal in 2017.

Admission of the First Female Lawyers: In 1919, South Africa saw the first female lawyers admitted to the bar, including Ethel Everard and Florence Matomela. Their admission challenged traditional gender roles and paved the way for future generations of female legal professionals.

Establishment of Women’s Legal Organizations: The establishment of organizations like the Black Lawyers Association of South Africa (BLA) and the Women Lawyers Association (WLA) provided support, networking opportunities, and resources for female legal professionals, advocating for gender equality and addressing the unique challenges faced by women in the legal profession.

Despite these challenges, there have been notable achievements by women in the legal profession over the past century. Women have broken barriers and achieved significant milestones. For example, in 1994, South Africa elected its first female judge, Justice Kate O’Regan. This represented a major milestone and paved the way for more women to enter the judiciary.

In recent years, there have been concerted efforts to address the challenges faced by women in the legal profession. Organizations and initiatives have emerged to promote gender equality, provide mentorship and support, and advocate for policy changes. These efforts have started to yield results, with more women rising to leadership positions and making their voices heard in the legal sphere.

One of the notable achievements of women in the legal profession in South Africa is the breaking of gender barriers and the establishment of a more inclusive and diverse legal community. In the early 20th century, women faced immense challenges in even being allowed to study law. However, pioneers like Ethel Duncan Ellis and Bertha Solomon paved the way for future generations by becoming the first female law graduates in the country. Their determination and perseverance opened doors for countless women to follow in their footsteps.

Another achievement has been the increment in the number of female judges and legal practitioners in high-profile positions. This is a testament to the recognition of women’s capabilities and expertise in the field. Women have proven their ability to excel in various branches of the legal profession, including criminal law, corporate law, human rights law, and constitutional law. Their knowledge, skills, and dedication have allowed them to make significant contributions to the development and implementation of legal frameworks that promote justice and equality.

Over the past 100 years, women in South Africa have faced numerous challenges in the legal profession. These challenges have ranged from societal attitudes and discriminatory practices to limited opportunities for growth and advancement. Despite these obstacles, women have persevered and made significant strides in the legal field.

One of the most significant challenges faced by women in the legal profession is the ingrained gender bias and societal expectations. Historically, the legal profession has been dominated by men, and women who pursued careers in law faced skepticism and resistance. Women were often discouraged from entering the legal field and were expected to focus on more traditional gender roles.

Another challenge faced by women in the legal profession is the lack of opportunities for growth and advancement. Women have traditionally been underrepresented in senior positions within law firms and the judiciary. They have often been excluded from important decision-making roles and have struggled to break through the glass ceiling.

Discrimination and sexual harassment have also been major challenges faced by women in the legal profession. Women have reported instances of being treated differently compared to their male counterparts, facing inappropriate comments, and being subjected to unwanted advances. These experiences not only create a hostile work environment but also hinder career progression for women in the legal profession.

The legal profession in South Africa has also struggled with issues of diversity and inclusivity. Women from marginalized communities, such as black women, have faced additional barriers and discrimination. The lack of representation and opportunities for these women have hindered their ability to succeed and thrive in the legal profession.

To address these challenges, various initiatives have been undertaken to promote gender equality and empower women in the legal profession. Organizations such as the South African Women Lawyers Association (SAWLA) and the Women Lawyers’ Association (WLA) have been at the forefront of advocating for gender-sensitive policies, ensuring equal career prospects, and providing mentorship and networking opportunities for women in the legal field.

Implementing proactive measures: Law firms can implement diversity and inclusion training programs and establish mentorship initiatives to support the career advancement of female lawyers. For instance, Bowman’s Diversity and Inclusion Program provides mentorship opportunities for women and underrepresented groups in the legal profession.

Creating supportive environments: Legal organizations can adopt family-friendly policies, such as flexible work arrangements and childcare support, to accommodate the needs of female lawyers.

Fostering a culture of mentorship: Women’s legal organizations can collaborate with law schools and professional associations to provide mentorship programs for aspiring female lawyers. The Women Lawyers Association of South Africa (WLASA) offers mentorship opportunities for law students and junior lawyers through its Mentorship Program.

Advocating for policy reforms: Legal advocacy groups can lobby for policy reforms to address gender disparities in the legal profession, such as pay equity legislation and mandatory gender diversity targets for law firms and corporate legal departments. The South African Women Lawyers Association (SAWLA) actively advocates for gender equality in the legal profession through its policy advocacy initiatives.

Elevating Voices of Women from Diverse Backgrounds: Ensuring that women from diverse backgrounds and marginalized communities have equitable access to opportunities and resources requires amplifying their voices and experiences, addressing intersectional discrimination, and promoting inclusive practices.

To truly honor the legacy of the women who paved the way, efforts should be made to create a supportive and enabling environment for women in the legal profession. This can be accomplished through mentorship programs, flexible work arrangements, and initiatives that promote gender diversity and representation.

Additionally, it is crucial to address the systemic barriers that still exist and hinder women’s progress in the legal field. This includes tackling issues such as gender pay gaps, unconscious bias, and discriminatory practices.

Celebrating 100 years of women in law should also be a call to action for young women aspiring to pursue a legal career. It should inspire them to believe in their abilities, embrace their aspirations, and overcome obstacles. By showcasing the achievements of women in the legal profession, it can serve as a source of motivation and encouragement for the next generation of female lawyers.

Implementing proactive measures to address gender bias and discrimination in legal workplaces, including unconscious bias training, diversity initiatives, and transparent hiring and promotion processes.

Creating supportive environments that enable women to balance their professional and personal responsibilities, such as flexible work arrangements, parental leave policies, and mentorship programs.

Fostering a culture of mentorship and sponsorship to provide women with access to guidance, support, and opportunities for career advancement.

Advocating for policy reforms and legislative changes that promote gender equality in the legal profession, including measures to address pay equity, parental leave, and childcare support.

Elevating the voices and experiences of women from diverse backgrounds and marginalized communities to ensure that all women have equitable access to opportunities and resources.

Furthermore, celebrating this milestone should also involve acknowledging the intersectionality of gender and race in the legal profession. While progress has been made in gender equality, women of color still face unique challenges and barriers.

In conclusion, the achievements of women in the legal profession in South Africa over the past

100 years are commendable. They have shattered glass ceilings, paved the way for future generations, and contributed to the development of a more inclusive and diverse legal system. However, significant challenges still persist, and continuous efforts are required to address gender biases, promote equal opportunities, and ensure that women’s voices and contributions are valued and respected in the legal profession.

 

References

Gender Bias in the Legal Profession” by Lauren Breen, in Legal Studies, vol. 40, no. 4, 2020.
The Impact of Work-Life Balance Policies on Women Lawyers: A Critical Review of the Literature” by Laura Empson, in The International Journal of Human Resource Management, vol. 32, no. 6, 2021.
The Role of Mentorship in Career Progression: A Study of Women Lawyers in South Africa” by Nokukhanya Ntuli, in South African Journal of Industrial Psychology, vol. 47, 2021.
Gender Equality in Legal Profession: Global Context and Indian Perspective” by Mamta Shah, in Indian Journal of Gender Studies, vol. 25, no. 2, 2018.
Intersectionality and Women’s Advancement in the Legal Profession: A Comparative Study” by Nyasha Musarurwa, in The International Journal of Comparative Labour Law and Industrial Relations, vol. 37, no. 4, 2021.
Bertha Gxowa: An Unfaltering Struggle for Gender Equality” – South African History Online.
Justice Mogoeng appoints Justice Mandisa Maya as President of the Supreme Court of Appeal” – The Presidency, Republic of South Africa.
The Black Lawyers Association and the Politics of Professionalism” by Tshepo Madlingozi, in Law & Society Review, vol. 46, no. 4, 2012.