The Pan African Bar Association of South Africa (Pabasa), a body known for its pro-transformation stance, faced more mass resignation this week. In two separate letters, 36 advocates announced their immediate departure, with one letter citing concerns the organisation had become “politicised”.
“There are those who believe Pabasa, by its very nature, has to be ‘political’ and continue to issue what we consider unfortunate public statements, such as the recent two against the Legal Practice Council (LPC) and justice [Ratha] Mokgoatlheng. We respectfully differ with this posture,” said one letter, from Jabu Motepe SC.
This week’s resignations come after a round of resignations in Johannesburg at the end of May, when nine members resigned, including Pabasa founding member Nasreen Rajab-Budlender SC.
A total of 45 members have now resigned from Pabasa, a large drop in numbers for the organisation. Its website listed 19 senior counsel and 293 junior members on Friday, though the names of some who have resigned have yet to be removed.
Motepe’s letter announced the resignation of 14 advocates from Pabasa’s Arcadia Chambers in Pretoria. There were 22 resignations from its Loftus Chambers, also in Pretoria. The letter from this chamber did not give reasons, but Elizabeth Baloyi-Mere SC, who signed it, said their reasons were the same as Arcadia’s.
The Johannesburg members’ reasons were different; they cited “hostility and exclusion” after they formed a new group within Pabasa.
When Pabasa was founded in 2018, its founders said their bar would be “unapologetically black and women-oriented”. The idea was something new, unshackled by the profession’s struggle to grapple with its racist past.
If among the battles to be waged by Pabasa is the total destruction of anti-black racism and constant denigration of African legal practitioners, how is this not political? If briefs are determined by one’s skin colour and therefore racism ... how is this not political?
“We want a space where young black and women advocates can flourish, can be excellent, a place that is geared towards making them excel,” said its first chair, Muzi Sikhakhane SC, at the time.
Pabasa also deliberately sought to create an egalitarian and democratic institutional culture. Founding members included Rajab-Budlender, Baloyi-Mere, Sikhakhane, Dumisa Ntsebeza SC, Gcina Malindi SC, Tembeka Ngcukaitobi SC, Dali Mpofu SC, Vuyani Ngalwana SC and Steven Budlender SC.
Now, two of these founding members are among those who have resigned. Baloyi-Mere and Rajab-Budlender also chaired Pabasa in its early years.
Motepe’s letter referred to Pabasa’s public statement in June, expressing “displeasure” at the controversial remark made by Mokgoatlheng when he lost his temper in court after counsel asked to be excused to accommodate his travel plans for the Comrades Marathon. “I don’t think a white advocate can have the gall to ask me that,” the judge said.
The remark was widely criticised. Pabasa said the judge had “sacrific[ed] his own people at the altar of seeking white validation” and accused him of “anti-black rage” and “self-hate”.
Motepe also referred to the letter written to the LPC about misconduct charges it brought against Mpofu, in which it requested the LPC to “rethink” the “spurious” charges as they were “brought simply to intimidate Mpofu SC”.
It said the LPC could “do better than be a conveyor belt ... for attacks to push out of the legal profession certain African advocates disliked by the majority of those who constitute the LPC”. The charges were part of “wide conspiracy” to isolate Mpofu and marginalise Pabasa “and to prejudice its members for no rational reason apart from ... Pabasa [being] unapologetically Pan Africanist, anti-racist and anti-colonial in its approach”.
Motepe said the resigning members maintained their bar “should be apolitical” and focus on the development of its members and its juniors. It should work with other bars and the LPC to address “the scourge of unemployed LLB graduates, who measure into thousands and who are unable to get articles or admission into our various bars”.
Speaking to the Sunday Times, he said that while the struggle for transformation was a political issue, which all the resigning members supported, they differed with the course Pabasa had adopted. Transforming the profession meant developing black and women advocates and juniors, working with the LPC and not “attacking the judiciary and the LPC”, he said.
Attacking the judiciary was “very dangerous” as it sent a message to the public that they could do the same, yet the appropriate course was to approach the Judicial Service Commission, he said.
Ahead of the resignations, Pabasa’s leadership announced it would be holding a workshop, in part to address the concerns of unhappy members. But this seemed to worsen tensions. The invitation to the workshop said it was important to distinguish between genuine concerns and “underhand mobilisation intended to divide and confuse members”.
“We must minimise the space for the peddling of lies and false narratives,” Pabasa said.
It also cautioned those who “may be intolerant and impatient with African leadership”, which impatience sometimes concealed itself “under the garb of false accusations that Pabasa attacks the judiciary, that it mistreats certain members and that Pabasa is political”.
“If among the battles to be waged by Pabasa is the total destruction of anti-black racism and constant denigration of African legal practitioners, how is this not political? If briefs are determined by one’s skin colour and therefore racism ... how is this not political?”
Motepe’s letter said the resigning advocates felt discussions within Pabasa had “become toxic” and that it would “serve no purpose to attend the mooted workshop”.
However, both Motepe’s and Rajab-Budlender’s letters were conciliatory. Motepe said the resigning members would never view Pabasa as “an enemy, and we hope to continue having a cordial relationship”. Rajab-Budlender said they remained “respectful of Pabasa and its mission”.
Pabasa said it was unable to comment at this stage.
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