The Legal Practitioners Fidelity Fund (LPFF) and Law Society of South Africa (LSSA) hosted a Young Lawyers Conference on 5 July 2025 in Johannesburg. The conference was held under the theme ‘Awaken the Leader Within: Young Lawyers Shaping a Just Future.’ The content-rich conference was attended by candidate legal practitioners and young legal practitioners. It featured a lineup of exciting speakers, including the keynote speaker, the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, and the Chief Executive Officer of the LPFF, Motlatsi Molefe.
Speakers unpacked topics ranging from –
- getting articles/pupilage and internships then navigating the transition from candidate legal practitioners to legal practitioners;
- the do’s and don’ts of admission;
- clarity on examination;
- human rights and social justice in the South African context; and
- the importance of pro bono work.
The Chairperson of the Law Society of South Africa’s Youth Committee, Masai Buthane, giving his opening remarks at the Young Lawyers Conference.
During his opening address the chairperson of the LSSA Young Lawyers Committee, Masai Buthane, spoke about the importance of talking about the problems young legal practitioners have in the profession, and how to come up with solutions to solve these problems. He pointed out that it should be a collective effort to find ways to address challenges and come up with solutions.
Mr Buthane encouraged young legal practitioners and candidate legal practitioners to unite and use the LSSA Youth Committee as a vehicle for change. ‘There are many programmes that are still going to come outside this one,’ he added. ‘There is still a lot of work that the committee is going to do and young practitioners must be involved and participate,’ he said. He thanked the constituent members of the LSSA, which are the Black Lawyers Association (BLA), National Association of Democratic Lawyers (NADEL) and the Independents for having selected and deployed the young committee to the LSSA, to focus on addressing challenges of young legal practitioners and candidate legal practitioners. Mr Buthane expressed gratitude to the LSSA for its support of the LSSA Youth Committee. A special thank you was directed to the former Professional Affairs Senior Manager, Lizette Burger, and De Rebus News Reporter, Kgomotso Ramotsho, for the formation of the LSSA Youth Committee, before Ms Burgers retirement at the LSSA.
During his speech, the President of the LSSA, Nkosana Mvundlela, said that the struggle of black youth does not seem to have an end on the horizon as each new generation faces similar problems and challenges as those who came before them. ‘And unfortunately, none of them runs it in a different direction. And therefore, it happens that there are no winners,’ Mr Mvundlela noted. He pointed out that when one looks at candidate legal practitioners looking for articles in different parts of the country, be it in big law firms in Sandton, or at a law firm in Thohoyandou, Musina, Mthatha, or the Northen Cape, all of these young people have similar challenges and difficulties. However, he also added that all of them are exposed to almost the same opportunities. ‘Yours is the struggle that all of us at the LSSA understand. That is why we opened the door to ensure that you have the youth committee in order to focus and deal with issues of young people. In order to give attention to all issues of young people,’ Mr Mvundlela said.
The President of the Law Society of South Africa, Nkosana Mvundlela giving his welcome address at the Young Lawyers Conference that was hosted by the Legal Practitioners Fidelity Fund in collaboration with the Law Society of South Africa on 5 July 2025.
Mr Mvundlela thanked the LSSA youth committee for the theme they chose for the conference. ‘And I want to tell you now when they say every generation will define its revolutionary objectives and take all measurable steps to ensure that every objective is attained they are true to that fact. And it is up to you to indeed prove that you have defined that objective that you want to be achieved,’ Mr Mvundlela added. Mr Mvundlela pointed out the challenges faced when transitioning from university to articles, then admission, and finally deciding whether to join an existing law firm or become a director in one’s own right. He added that, unfortunately, even after becoming a director, many realise they do not have access to lucrative work.
Mr Mvundlela said that one is left with no choice but to go to court and sit there waiting for people looking for bail. He added that while some may see it as an opportunity, he questioned the extent to which it exposes young legal practitioners to the risk of corruption. He pointed out the risk of taking on clients to whom Financial Intelligence Centre regulations cannot be properly applied, as well as the risk of being reported to the Legal Practice Council (LPC) for not appearing on a client’s behalf again. Mr Mvundlela also touched on the issue of the Legal Sector Code (LSC). He pointed out that young legal practitioners must reflect on that issue. He said that the LSC is not going to solve all the problems of young legal practitioners, nor solve all the problems of the black law firms, the female led black law firms, and female led white law firms, and other problems it is intended to solve. He said young legal practitioners must use the LSC to define the kind of law firms they want to establish, because as the policy currently stands it is not going to do that for young legal practitioners.
Getting articles/pupilage and internships then navigating transition from candidate legal practitioner to legal practitioner
During his presentation, legal practitioner, Nape Masipa, pointed out that each year South African universities produce thousands of law graduate. However, the number of available articles of clerkship has not grown to meet this demand. He attributed this challenge, in part, to the fact that many small and medium-sized firms lack the financial and infrastructural capacity to absorb candidate legal practitioners, particularly in the current economic climate. Mr Masipa added that other contributing factors include a lack of mentorship and access, especially for students from under-resourced backgrounds, who often lack professional networks and guidance needed to secure articles. He added that merit alone is often not enough. He said that structural imbalances in work allocations perpetuate gatekeeping in access to legal careers, lead to the underutilisation of legal talent in underserved areas, and result in a profession that struggles to reflect the country’s demographic and geographic diversity.
The Chief Executive Officer of the Legal Practice Fidelity Fund, Motlatsi Molefe, first Vice President of the Law Society of South Africa, Machini Motloung together with the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, and President of Law Society of South Africa, Nkosana Mvundlela, second Vice President of the Law Society of South Africa, Joanne Anthony-Gooden, and the Chairperson of the LSSA Youth Committee Masai Buthane, at the Young Lawyers Conference that was hosted by the Legal Practitioners Fidelity Fund and Law Society of South Africa on 5 July 2025 in Johannesburg.
Mr Masipa added that the solution to the above-mentioned challenges lie with the public and private sectors, which he said must commit to equitable briefing practices – allocating work not only to big firms, but also to emerging, black owned, and rural-based firms. He pointed out that this will expand their capacity to train and employ young candidate legal practitioners. He said that in equal measure, firms must regard candidate legal practitioners not as a cost, but as an investment in the profession’s future. ‘The future of our profession, and indeed our constitutional democracy, depends on who gets to enter the profession, not just who leads it,’ Mr Masipa said. He added that another solution may lie in legislative reform, by linking briefs to candidate absorption. He said that there is growing support for legislative or regulatory reform that would require law firms receiving government legal work to take a minimum number of candidate legal practitioners per matter.
On stage at the Young Lawyers Conference, master of ceremonies, Pearl Ntshehi-Kola, Legal Advisor at the Legal Practitioners Indemnity Insurance Fund NPC, Mfundo Sesenyi, and Chief Executive Officer of the Legal Practitioners Fidelity Fund, Motlatsi Molefe.
Mr Masipa added that securing articles for South Africa’s law graduates is not just a legal education issue, but a transformational economic and social imperative.
Senior legal practitioner Marianne Pretorius pointed out that while the demand for legal education has increased – and given the need for justice in South Africa – the legal profession has not expanded its capacity to absorb new entrants. She added that many firms, especially smaller ones, face financial challenges, regulatory burdens, and a lack of mentorship capacity. She said that behind every unplaced graduate lies a silent voice, and an inflexibility in how legal training is viewed.
Ms Pretorious pointed out that vocational training must be carried out in traditional law firms, supported by incentives under specific structures. She added that outdated thinking excludes alternative legal environments such as non-profits organisations, ombudsman offices, compliance divisions in corporates, where critical legal skills are exercised daily. She said that another troubling aspect is the inequality in access to articles, where factors such as race, geography, and language play a significant role in determining who gains access to articles. ‘This is the legacy that we must not only acknowledge, but dismantle. But do not despair. It is a call to action. And I believe that change is possible, not by accident but through deliberate innovation and collaboration,’ Ms Pretorius said.
Ms Pretorius noted that it is difficult for aspiring candidate legal practitioners to secure positions and gain legal experience. She added that while it may feel as though there are no opportunities and no one is willing to take on someone with no practical legal understanding, this perception is incorrect. She said that candidate legal practitioners may opt to go to big law firms to look for work. However, she pointed out that there are incredible small boutique firms that can offer a wealth of knowledge. She said when candidate legal practitioners begin looking for placement they should write down the list of skills that they want to learn, the type of law they want to get to do and the values that they hold as a professional. After compiling this list, candidates can go on platforms such as LinkedIn and other platforms and find a firm that will tick the boxes on the list they have compiled.
Ms Pretorius gave candidate legal practitioners tips on what they should do when they have been absorbed by law firms. She compiled a list of tips including –
- wearing comfortable shoes to work as candidate attorneys do a lot of walking;
- not being late;
- asking for help when given a task and you have no idea how to do it;
- do not expect a large some of payment as a candidate legal practitioner. She told candidates to think of articles as a practical element of their degree that will open up plenty of doors as time goes on;
- keep busy, as there will be time when one finishes the task given quicker than expected. Candidates must check on other colleagues to see if they need help with some of the work they are doing;
- ask people about their experiences; and
- candidates must build a personal and professional network.
Recruiter at Baker McKenzie, Boipelo Soko, said leadership starts with candidate legal practitioners. She added that the legal profession is the cornerstone of justice and democracy. However, she pointed out that justice does not evolve on its own, but needs bold, ethical and visionary leaders. She spoke about how one can shape their path, show up, advocate, and importantly how to serve. She said that this is not an easy journey, as young practitioners and candidates face challenges, such as mental health struggles, burnout, financial stress, and more. She pointed out that these are not just systemic challenges, but challenges that require leadership to overcome.
Ms Soko said that it is important for one to remember that leadership is rooted in curiosity to keep learning, compassion for the people you serve, and a commitment to justice even when it is hard. She added that these are the traits that will define the leader one becomes. She shared the following tools to become the leader she described, which include –
- joining mentorship networks;
- learning to give back and learning from others;
- connecting with people you have never met before;
- self-awareness, as well as prioritising mental health;
- embracing legal tech, and innovation; and
- building resilience through community and collaborating with each other.
She concluded by urging practitioners to remember their purpose, namely why they chose to pursue a career in the legal profession.
Candidate legal practitioner Caswell Sambo pointed out that doing articles of clerkship is a crucial journey to becoming a legal practitioner, as it provides candidate legal practitioners with hands on experience and exposure to the real world. However, he noted that there are many challenges faced by candidate legal practitioners in the process of becoming a legal practitioner. He mentioned getting articles, especially for those from disadvantaged backgrounds. He further mentioned that board exams can be a significant hurdle and pointed out that many candidate legal practitioners require support in terms of resources to prepare for these exams.
‘We must work together to provide these resources and support structures to ensure that young lawyers are equipped to succeed.’ He also raised concern about the alarming rate of failure of paper three of the board exams. He said that there are still some elements of gatekeeping in the legal profession. He pointed out that they may arise in the form of opportunities or even as paper three in the way that it is structured. He added that there should be a collaborative effort to tackle elements of gatekeeping in the legal profession. He challenged organisation such as the LSSA to look at the issue of paper three as it seems that the content of that paper is not similar to the content of what they are being taught when doing practicals.
Mr Sambo also spoke about an additional paper that the LPC added to the board exams. He pointed out that it should be questioned whether the added paper is indeed necessary, when candidates are already struggling to pass the four board exams. He said that the addition of this fifth paper will only increase the burden to candidate legal practitioners. Another serious concern raised by Mr Sambo was the sexual harassment of candidate legal practitioners by their principals. He said that many candidates, particularly women, become victims of such abuse due to desperation for work. He suggested the establishment of a dedicated centre where victims could report such incidents and receive support. In response, the Vice President of the LSSA, Joanne Anthony-Gooden, said that the LPC provincial offices do offer support to victims. She encouraged those affected to report such conduct. She added that they could also contact the LSSA, which will help them report the matter and offer support to them.
Keynote address
In her keynote address, Minister Kubayi announced that she agreed with the President of the LSSA, Mr Mvundlela, that the Department and the LSSA will, in a collaborative effort, convene a conference for young female legal practitioners to address the issue of harassment in the profession. She pointed out that history tells us that there are issues that need to be dealt with. ‘It was Karl Marx who wisely observed that “Men make their own history, but they do not make it as they please; they do not make it under self-selected circumstances, but under circumstances existing already, given and transmitted from the past.” As a revolutionary who had set himself the very difficult task of changing society, Marx had come to a realisation that the present is shaped by the past and anybody who wants to change the present to shape the future will have to wrestle with the effects of the events of the past,’ Ms Kubayi said.
Minister of Justice and Constitutional Development Mmamoloko Kubayi gave the keynote address at the Young Lawyers Conference that was hosted by the Legal Practitioners Fidelity Fund in collaboration with Law Society of South Africa.
Ms Kubayi added that she reminded of this Marxian maxim when she was reflecting on the theme chosen for the conference which says: ‘Awaken the leader within: Young lawyers shaping a just future’. Ms Kubayi noted: ‘Accordingly, the South Africa that we find ourselves in today, which you seek to shape into a just future has been shaped by what the world declared as a crime against humanity, that is apartheid. Your theme tells me that you looked around and realised that the country that we live in today is still charactised by injustices and that as legal practitioners you want to shape a just future,’
Ms Kubayi said the indignation of legal practitioners in the face of injustice, which has compelled them to seek to shape a just future, has set legal practitioners on a path which requires them to do so with a clear understanding of objective reality, that is circumstances existing already, given and transmitted from the past. She added that this necessarily means that engaging on this daunting task legal practitioners must constantly ask themselves the question: What is this South Africa in which we are going to shape a just future? ‘This year we are celebrating the 70-years anniversary of the adoption of the Freedom Charter. The Freedom Charter is a vision adopted by the people of South Africa who, under the repressive system of apartheid, dreamt then of a future democratic, non-racial and non-sexist South Africa,’ Ms Kubayi said.
She added: ‘The drafting of that vision was led by a group of people who like yourselves looked around the world in which they lived and found that it was in discord with their sense of justice and moral and political beliefs. They too decided that they wanted to awaken the leader within and strive to shape a just future as outlined in the Freedom Charter. It is for this reason that many of the clauses of the Freedom Charter have been codified in the Constitution of 1996. Amongst other clauses the Freedom Charter envisioned a society in which “All shall be equal before the law!” This clause was necessitated by the fact that the African people under apartheid were not only impoverished and dispossessed of their land, they were also stripped of human rights and had limited access to justice.’
Minister of Justice and Constitutional Development, Mmamoloko Kubayi with the speakers of the Young Lawyers Conference.
Ms Kubayi added that the pursuit of justice for the victims of apartheid crimes is with the understanding that South Africans who are victims of these crimes have the right to justice, in their own country, on account of what they have suffered. ‘So, I am saying that in your quest to shape a just future you will also have to confront the pain and complexity of our past. I say this because it is directly related to the work you do. As legal practitioners, you will encounter situations like these. This is your context and your challenge, and how you choose to respond today will shape your future. As we often say, we want a just future. That future depends on what you do now, how you show respect, and how you respond to the present circumstances,’ Ms Kubayi added.
The Minister of Justice and Constitutional Development, Mmamoloko Kubayi with members of the Law Society of South Africa’s Youth Committee, at the Young Lawyers Conference.
Ms Kubayi pointed out that it goes without saying that for legal practitioners to shape a just future they must have fidelity to the profession and adhere to high ethical standard. She added that a few months ago it was reported that: ‘Unscrupulous lawyers have plundered their clients’ trust funds to the tune of R1.4 billion with more than 500 cases documented – but only 59 convictions were made in seven years and just 25 resulted in jail time. … I think you will agree with me that the many cases that are surfacing without any consequent management will do damage to the profession that has an important role to play in society in ensuring justice. Shaping a just future must start with you respecting the ethical code of your profession. The question is: What is it that you are going to do to root out this wayward behaviour in your midst so that you and the LPIIF can shape a just future?
LPFF and LPIIF session
Speaking at the conference, the Chief Executive Officer of LPFF, Motlatsi Molefe noted that legal practitioners are smart, however, the problem is that they do not read. Mr Molefe added that young legal practitioners do not participate in organisations that support them, such as the Legal Practitioners Development Fund, which funds new practices and offers mentorship programmes to their beneficiaries. He spoke about leadership theory, stating that it emphasises a strong, ethical, and trustworthy leader who advances the objectives of an organisation in the interest of the collective.
Chief Executive Officer of the Legal Practitioners Fidelity Fund, Motlatsi Molefe, gave an address at the Young Lawyers Conference.
However, Mr Molefe said that the Fund deals with non-ethical and untrustworthy legal practitioners. He pointed out that the unfortunate part is that all legal practitioners are painted with the same brush. He said that the profession needs to get back to the basics, teach people what is right and wrong. He added that in order to avoid being in the wrong, legal practitioners need to enhance their knowledge. He encouraged them to read Richard Susskind’s book The End of Lawyers? He added that, in the book, Susskind argues that the work that legal practitioners do is increasingly viewed as a commodity, and that legal practitioners need to evolve with the times in order for them to survive. Mr Molefe pointed out that legal services are seen as a commodity because, for example, a client can now simply purchase a will without consulting a lawyer.
Speaking on artificial intelligence (AI), Mr Molefe said: ‘I will be honest with you, I am not a huge champion of AI. But I do believe that you must always look for opportunities that are going to improve your sustainability and survival. If you are going to use AI to streamline your processes, to make yourself more efficient, and drive down cost so that you can keep your clients – so be it.’ He added that legal practitioners must not use it to create arguments in court, or use it to write their dissertation, because they will now be losing human touch and allowing something else to take over. ‘What we are having a problem with at the Fund is exactly that. People are losing touch with their practice. People tell the LPC that it is my accountant who is responsible for what happened, it is my partner who is responsible for what happened. The question is where were you, why did you leave this for someone else?’ Mr Molefe added. He said that legal practitioners must work together with organisations such as the LPFF by doing the right thing and avoid being added on the quarterly list of legal practitioners who steal from their clients.
He outlined why the LPFF is important for legal practitioners, stating that it helps build public confidence in the profession. Even if a practitioner runs away with a client’s money the Fund pays out. He pointed out that the Fund is also important to practitioners because it pays premiums for professional indemnity cover, meaning it pays for the negligence of legal practitioners. ‘That is being done for you not to be sued for your own negligence,’ Mr Molefe said. He added that the Fund is also important because it subevents the activities of the regulator, namely the LPC. ‘Without that subvention the subscription that you are paying would have been much higher,’ Mr Molefe added.
Legal Advisor Mfundo Sesenyi gave an overview of compliance with regard to the Legal Practitioners Indemnity Insurance Fund NPC (LPIIF) and outlined the services that the organisation offers to legal practitioners.
In his presentation, Mr Sesenyi said that most legal practitioners are small to medium size firms that operate outside big law firms. He noted that the legal profession has the biggest liability insurance. He pointed out that practising as a legal practitioner is not just hard, but it is also risky. He told young legal practitioners not to be frightened as the LIIPF is there to assist them. He briefly explained to the attendees that the LPIIF is a non-life insurance company established by the Legal Practitioners’ Fidelity Fund in 1993. It is also a non-profit company that provides the insurance referred to in s 77 of the Legal Practice Act 28 of 2014.
Mr Sesenyi pointed out that they are currently funded by a single premium paid annually by the Fidelity Fund on behalf of legal practitioners practising with Fidelity Fund certificates. The LIIPF also provides professional indemnity insurance (PII) subject to the Master Policy to all legal practitioners with Fidelity Fund certificate, bonds of security to attorneys seeking appointments as executors of deceased estates and risk management services to the legal profession. He added that the LPIIF pays liability ‘if any’ for claims as well as the defence costs. He said that in the commercial market, by contrast, payment of defence costs erodes the limits of indemnity afforded to insured practices. However, Mr Sesenyi said that the LPIIF cover is provided on a ‘costs in addition’ basis, but commercial insurers provide cover on a ‘costs inclusive’ basis. He also pointed out that in the case of the LPIIF, however, the insured legal practices get the full benefit of the available limit of indemnity.
Mr Sesenyi said that since its inception the LPIIF has paid out more than R1,4 billion in claims. And the high-risk claim areas are namely, Road Accident Fund work, litigation, personal injury and conveyancing, which he said are traditionally carried out by smaller practices. Mr Sesenyi added that the cover automatically afforded by the LPIIF also enables small and newly established firms to compete for appointment onto the panels of various entities where the existence of a level of PII is a requirement. He pointed out that the executor bond service has enabled legal practitioners to compete in the administration of estates market where banks, insurance companies and other professions also offer services. He added that the LPIIF does not charge for the bonds of security that it provides.
Mr Sesenyi said that the LPIIF also offer: A dedication practitioners support service at no cost to the profession; serviced the legal profession by providing the base layer of insurance as a risk transfer measure; enhanced public confidence of educational material; enhanced its claims administration expertise; and undertaken litigation to address emerging risks.
Navigating early career challenges in law including mental health
Legal practitioner Jeff Moremi started his presentation by narrating a story of a young candidate attorney who broke down because of bad treatment he had experienced while serving his articles. Mr Moremi pointed out that many brilliant young legal minds walk away from the legal profession not because they lacked talent, but because no one gave them space to breathe, to learn and to grow. He pointed out that in the beginning there is excitement, anxiety, and challenges that come with starting a legal career. Young legal practitioners enter the profession with passion and big dreams of justice. However, many soon encounter a reality that is far from the idealistic images they have seen on social media.
Mr Moremi added that young legal practitioners must not be misled by appearances, and not lose hope when things get tough. ‘You must always stay true to your worth. You are not alone on this journey,’ Mr Moremi said. He pointed out that the beginning of a legal career has always been hard, and today it might be even harder than before. However, he added that things do get better with time and persistence. He said that the skills and resilience that one builds, even in a less-than-ideal job, will equip them for better opportunities ahead.
Mr Moremi pointed out that sadly, toxic work environments in the legal field are more common than one would like to admit. He added that some law firms still operate on outdated notions such as the belief that juniors must be ‘toughened up’ or that relentless hours are rite of passage. He pointed out that the mentality that one needs to toughen up and not complain even working in a toxic environment has been passed down in some corners of the legal profession, however, he said that does not make it right. Mr Moremi said that being overworked and disrespected is not a badge of honour, but a sign that the workplace needs to change and not you.
Mr Moremi said that it is crucial for young legal practitioners and candidate legal practitioners to build a support system, as it is important that they support each other. ‘Our peers are our strength,’ Mr Moremi added. ‘There is power in our community of young leading lawyers. We can uplift each other through advice, referrals, or even just empathetic listening,’ Mr Moremi added. He pointed out that young legal practitioners thrive in environments where they feel valued and motivated, rather than just being a part of a legal assembly line. He added that the legal profession should seek balance and humanity in how the practitioners work, so that a life of law can also be a good life.
Legal practitioner Wendel Bloem, in his presentation, spoke about what he thinks is the essence of being a legal practitioner. He pointed out that two things will get you to a certain level as a young legal practitioner, which are diligence and application. He told young legal practitioners that their success, the foundation of their mental health, the foundation for the strength that you get to build, is not in the labour relations issues that you have in the office. But it is building a strong legal foundation for yourself. Mr Bloem added that it does not matter whether you are white, black or female, if you speak law, it will elevate you to levels you do not know.
Attendees at the Young Lawyers Conference getting energised with a guided exercise session by a Planet Fitness instructor.
Legal practitioner Nikita Mzawi said that young legal practitioners should remember the reason why the wanted to study law. She pointed out that some find themselves by default in that field, and not because they are passionate about it, hence for these people it ends up being tedious, because they are not passionate about it. She gave young legal practitioners advice that one of the ways they can use to find employment is through networking. ‘Everything that you do, you need to be intentional about it, so that they remember you and you are able to create opportunities,’ Ms Mzawi added. She told attendees that confidence is silence and insecurities are loud. She added that winners focus on winning and losers focus on winners. ‘You need to stand apart and make a mark for yourself, so that you are exemplary to your counterparts,’ Ms Mzawi said. She added that young legal practitioners should have discipline in all they do.
Do’s and don’ts of admission, clarity on examinations, and LSSA legal education
In his presentation, LPC representative Brian Mhlongo said that the LPC is not a gatekeeper, but a partner in upholding the standards of the legal profession. He pointed out that the mandate of the LPC is to facilitate access to the legal profession, to oversee the standards of excellence in ethics that legal practitioners inherit, and to also ensure accountability that underpins public trust. He added that the possibility of a just future is directly linked to the existence of trust and competent legal practitioners.
Mr Mhlongo said that the path of a legal practitioner does not start on the day they file papers at the High Court, but it begins the day they do their practical vocational training (PVT). He told candidate legal practitioners that they must make sure that their PVT is registered within two months from the commencement date, to avoid losing time during articles. He pointed out that one of the other requirements is for the candidate to be a fit and proper person. He said that one of the ways of being a fit and proper person is to always disclose. He added that disclosure is key in making sure that your admission goes smoothly. He said one must disclose things such as criminal convictions that they may have, even if they were expunged or if you were indemnified from prosecution.
Mr Mhlongo added that it is not the end of the world when one discloses. That within the LPC there is the professional affairs committee that evaluates all applications that have been made, and one might even be called to just explain the disclosure you have made. Another important thing he mentioned was that candidates should also disclose any pecuniary interest that they might have. He said this is a common mistake that candidates do, perhaps, they once registered a company, and they forgot about it and their ID is linked to that company. ‘You are always required to check with the [Companies and Intellectual Property Commission] to check whether you are the director of a company. Because during your PVT training you should only focus on that, there should not be any distraction,’ Mr Mhlongo added. He also stated that candidates should make sure that their applications should be meticulous and properly vetted.
Vice President Joanne Anthony-Gooden said when she looks around the room she sees tomorrow’s partners, judges, legal scholars and policymakers. She told the young legal practitioners that there are aspirations that they will soon become the foundation of South Africa’s justice system, and their leadership will help shape a society that is fairer, more inclusive, and more responsive to the needs of all South Africans. ‘As you embark on this path, I urge you to understand the vital role the Law Society of South Africa, or the LSSA, plays in supporting you. Established in 1998, the LSSA brings together the Black Lawyers Association, the National Association of Democratic Lawyers, and independent attorneys under one umbrella. Since our inception, we have strived to represent, protect, and grow the professional services of attorneys, ensuring that the common interests of all attorneys are championed, Ms Anthony-Gooden said.
Ms Anthony Gooden pointed out that it is important to clarify something that often causes confusion among new entrants to the profession. She said many practitioners are unsure of the difference between the LSSA and the LPC. ‘The LPC is your statutory regulator. Its focus is on admissions, discipline, and public interest oversight. The LPC sets and enforces the rules, ensuring that the public can trust that our profession operates with integrity and competence. In contrast, the LSSA is an advocate for attorneys. We defend your interests, we offer training and development, and we promote the profession. In essence: the LPC regulates – the LSSA represents,’ Ms Anthony-Gooden added.
Ms Anthony-Gooden pointed out that the distinction between the two organisations is fundamental. ‘As a candidate legal practitioner and, later, as a qualified attorney, you will engage with both organisations. You will be regulated by the LPC, but the LSSA is here to stand beside you, support you, and advance your professional interests. At the heart of the work the LSSA does is a belief that education empowers. That is why our Legal Education and Development department, known as LEAD, exists – to be the premier provider of affordable, high-quality vocational training and continuing professional development for legal practitioners, candidate legal practitioners, and support staff,’ Ms Anthony-Gooden said. She also discussed in an overview other services the LSSA offers to legal practitioners, through Professional Affairs and De Rebus, as well as the networks and mentorship that the LSSA offers to young legal practitioners.
Messages of support
BLA Secretary General Chris Mamathuntsha congratulated the LSSA’s Youth Committee on the hard work they put into the conference. He added that the BLA is an organisation that stands for transformation. And transformation, means access to the legal profession. He pointed out that access to them means breaking barriers, getting into the legal profession, and staying in the legal profession and getting ahead. He said that there seems to be a trend in the profession that once a practitioner is admitted they must open a law firm. As part of the transformation agenda we must debate funding, debate legal education, debate training and etiquette, debate ethics and sometimes meet in such events and speak about the law to confirm that indeed we are legal practitioners.
The Secretary General of NADEL, Zincedile Tiya started his address by addressing issues with regard to paper three of the board exams. He said that he is one of the moderators of paper three and is a member of the LPC representing the Minister of Justice. Mr Tiya pointed out that there is something not right if candidates fail to answer questions that should not be hard to answer. He encouraged them to prepare and study well in advance so that they can pass. Mr Tiya said he would be moderating paper one and told candidates that they cannot expect to write it without knowing how to draft particulars of claim. He added that when there is discussion about gatekeeping people should be honest with each other, so that they do not blame each other. ‘There are elements of gatekeeping, but we are fighting them. But you also must not disappoint us. With this competency-based board exam, paper three, let us go and get prepared. You cannot go there without knowing what “without prejudice” means.’
Human rights and social justice in the South African context, and the importance of pro bono work
Legal practitioner Sanelisiwe Mbatha, while presenting on human rights and pro bono work, said that human rights play a vital role in South Africa’s democracy, serving as the foundation for promoting and protecting individual dignity, freedom and well-being. ‘From the devastation of over 300 years of colonisation and apartheid, South Africa has, over the last 31 years of democracy, 70 years of the Freedom Charter, come a long way in inculcating a culture of human rights and social justice into the fabric of our society,’ Ms Mbatha said.
Ms Mbatha added that despite South Africa having a Constitution that is globally venerated as a blueprint for transformative constitutionalism, it is a country of lamentations regarding democratic governance, social justice and human rights, which are paradoxically the cardinal goals of the democracy sought to be established through the implementation of the Constitution adopted in 1996 following an interim Constitution in 1993. Ms Mbatha pointed out that the Constitution heralds not only equal protection of the law and non-discrimination but also the start of a credible and abiding process of reparation for past exclusion, dispossession and indignity within the discipline of South Africa’s constitutional framework.
Ms Mbatha added that the Constitution and Bill of Rights are the cornerstone of the South African democracy and is supported by initiatives such as the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Legal Sector Code, which aims to transform the legal profession by addressing historical inequalities and promoting broader participation of black practitioners.
Legal practitioner Zuko Tshutshane spoke about why it is important to have young legal practitioners in 2025 as activists of human rights. He said that human rights issues in the context of South Africa will never stop needing legal practitioners that are in that space, especially when they belong to the BLA or NADEL, as they are human rights movements. He spoke about the court rationalisation that took place in Mthatha. He pointed out that they met with the Department of Justice to ask them if they wanted to rationalise courts to increased access to the courts. He spoke about one of the disadvantages that came with the court’s rationalisation, that now community members have to travel far to access courts, and it also costs them money that they do not have. He pointed out that, because of human rights, legal practitioners are able to argued facts with the government, to resolve matters in favor of the people.
Mr Tshutshane told attendees that there is a need for activists who will play a role in their communities and not wait to serve the community only through court orders. He also encouraged young legal practitioners to be committed to doing pro bono work as Legal Aid South Africa alone is not enough. He mentioned that by doing so, you get exposed and get other opportunities.
During the vote of thanks and closure of the conference the Vice President of LSSA Machini Motloung, said that the theme of the conference, speaks to self-respect, self-introspection, and self-transformation, so that the young practitioners can reposition and repurpose themselves. He said that the challenges that are faced in the legal profession require each and every one to rightfully take a position in the legal profession, of activism in the legal space. ‘We ought not to forget our objectives of being in this space, the space of practising law. We do not practise law to conform, because history remembers your policies. I employ you all, as you reposition, as you take your rightful space of activism that you should do so in your own space, in your own law firms,’ Mr Motloung said.
Mr Motloung acknowledged that some work environments are not conducive for candidate legal practitioners. He said that senior legal practitioners need to create an enabling environment for all legal practitioners, particularly the up-and-coming practitioners, to thrive and to achieve their career aspirations. Mr Motloung thanked the LPFF for partnering with the LSSA for the conference.
Director at AJS, Tshepo Mochabang, briefly spoke about the service that AJS offers to legal practitioners. There were also messages from sponsors including Standard Bank and Nedbank, as well as raffle draws sponsored by FNB, SMD, Legal Serve, Juta and nCino. Prizes included a weekend getaway by InterestMe as well as a yoga session by Planet Fitness.
View the photo gallery here: www.derebus.org.za
The Young Lawyers Conference was proudly sponsored by:
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
This article was first published in De Rebus in 2025 (Aug) DR 8.
