Pretoria - Two judgments – one delivered in 1909 and the other in 2012 barring women from entering the legal profession – were yesterday ceremoniously “overturned” by Gauteng High Court, Pretoria, Judge President Dunstan Mlambo.
This was during the commemoration of 100 years in which the law changed in allowing women into the profession.
Judges Mlambo and Deputy Judge President Aubrey Ledwaba, together with all the judges of this division and others from the legal profession, also paid tribute to Desiree Finca, who attended the proceedings. She was enrolled as the first black woman attorney in 1967.
The first woman to be admitted as an advocate in South Africa was Irene Geffin in 1923. The first woman attorney was Constance Mary Hall, in 1926.
The Women Legal Practice Act, which came into effect in 1923, opened the door and paved the way for women to join the legal fraternity in the country.
The ceremonial overturning of the judgments issued in 1909 and 1912 – which made it clear that no woman had any business entering the legal profession – received a spontaneous cheer from those who attended yesterday’s proceedings.
In 1909 the first case was heard in South Africa to consider whether women had a right to enter the legal profession. The then Transvaal Supreme Court made it clear that the applicant in that case, Sonya Schlesin, could not be admitted as an attorney due to her gender.
In 2012 a firm of attorneys was willing to enrol Madeline Wookey as an article clerk, but the Cape Law Society refused to register her for articles. She turned to the then Cape Supreme Court, which also put its foot down.
Judge Mlambo, amid loud clapping, yesterday declared that the two women had been admitted to the legal fraternity.
Several judges and lawyers meanwhile paid tribute to Finca, who was flanked by her granddaughter, Phozisa Mkele.
Mkele said she was very proud of her grandmother’s achievement in becoming the first black female South African lawyer.
“As a family we are very proud of her. But there are still challenges facing females in the profession.”
Mkele said that women were still facing discrimination and challenges in the legal profession, although things had improved a lot over the years.
“My grandmother has mentioned that she had suffered major patriarchy and racism while she was practising as an attorney.”
She said her grandmother had shared a lot of her hardships in the profession with her grandchildren over the years. This included that she was required to carry ar certificate along with her when she went to court, to prove that she was in fact an admitted attorney.
“Most of the judges did not believe that a black woman could actually be a lawyer. To ensure that she was a lawyer, they often called her into their office to make sure that she was suitably qualified.”
Mkele said her grandmother also recalled an instance in which a white judge stopped the court proceedings and asked a white attorney to verify that Finca was indeed an attorney.
“She mentioned that she actually experienced a number of these situations, but it never deterred her from continuing with her work and doing her best to represent her clients,” Mkele said.
Pretoria News