Speaking at the National Association of Democratic Lawyers (NADEL) Annual General Meeting held in April 2025 in Pretoria, Minister of Justice and Constitutional Development, Mmamoloko Kubayi, said that she believes that community development is one of the ways to develop society to create a better life for all. A society in which all enjoy human rights as outlined in the Bill of Rights. Ms Kubayi said that while South Africa is still striving to fulfil the constitutional mandate of ensuring there is access to justice for all, significant sections of the society still have limited access to justice. ‘A society that has limited access to justice is not enjoying a full bouquet of its rights,’ Ms Kubayi said.
Ms Kubay pointed out that among the leading factors for the limited access to justice are –
- the high costs of litigation and legal advice;
- the long delay in resolving legal disputes and court cases; and
- the approach to the regulation of legal costs in which an unsuccessful litigant bears the costs of a successful party further limits access to legal proceedings by individuals.
Ms Kubayi said that many South Africans live far from courts, particularly the High Courts, which are located only in certain major centres.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, gave the keynote address at the Annual General Meeting and Elective Conference of the National Association of Democratic Lawyers held on 25 April 2025 in Pretoria.
Ms Kubayi said that at the centre of the factors she mentioned are poverty and unemployment. She added that the high levels of poverty and unemployment in the country have relegated a sizable portion of the population to informality, lack of access to basic services and exposure to hunger. ‘The communities in which the poor live and try to eke out a living have become a breeding ground for all sorts of social ills,’ Ms Kubayi added. She pointed out that there has been a rise of drug use and violent crimes in these communities.
Ms Kubayi added that NADEL was born out of mass democratic movement and has always been at the centre of the people’s struggles. ‘After more than 30 years of democracy our communities are crying for intervention. The theme that you have adopted for this gathering, which speaks about community development, is in a sense taking NADEL back to basics. By providing legal representation, advice, and assistance to individuals navigating the legal system in poor communities you can ensure that these communities get what is due to them. Those who give themselves the task of getting involved in community development have to be guided by honesty and integrity.’
Ms Kubayi said she believes that ethics in the legal profession are not just a matter of adherence to rules and code of conduct, they are a foundation without which the system designed to uphold justice and fairness in society would collapse. ‘The immense power and responsibility with which legal practitioners are entrusted requires a strict adherence to ethical standards,’ she said.
Former President of NADEL, Mvuzo Notyesi said the organisation has committed itself in the total liberation of South Africa and the world. He added that the organisation continues to reject all forms of oppression and repression committed against the masses in the world. ‘It was on this basis that at our last conference, we passed a special resolution in support of the Palestinian people and condemned the brutality launch by the apartheid Israeli state against the Palestinians.’ He pointed that NADEL supports countries such as Venezuela, Palestine and the like that are under oppression.
Mr Notyesi added that, in terms of NADEL’s constitution, the organization is committed to supporting the lawful struggles of the people. ‘In this regard, NADEL has engaged in the protection of human rights and aligns with international organisations that champion the realisation of human rights,’ Mr Notyesi noted.
In her message of support to NADEL, the Ambassador of Cuba, Esther Armenteros, said that Cuba has had its fair share of oppression, coercion, and economic sanctions. She pointed out that the country has endured, thanks to the efforts of the Cuban people and the solidarity of many around the world, including organisations such as NADEL. She added that Cubans share NADEL’s commitment to stand for human dignity, equality, human rights and freedom. She said that the promotion and protection of human rights has been a priority of the Cuban government and leadership. Ambassador Armenteros expressed gratitude and pointed out that Cuba is humbled by the solidarity that they have received from NADEL over the years.
Ambassador of Cuba, Esther Armenteros spoke at the Annual General Meeting of National Association of Democratic Lawyers and Elective Conference.
The Ambassador of Venezuela, Carlos Feo Acevedo, in his message of support to NADEL, thanked the organisation for its support of Venezuela. He pointed out that international solidarity has been a key factor in helping the country confront the economic and political measures imposed on the people of Venezuela, particularly by the United States (US) government. He added that these measures have been described by the United States rapporteur as crimes against humanity, given their impact on the population of Venezuela. Ambassador Feo Acevedo thanked NADEL for its support with a quote from Samora Machel, who said: ‘International solidarity is not an act of charity: it is an act of unity between allies fighting on different terrains toward the same objectives.’
Ambassador Feo Acevedo spoke about the sanctions by the US government against South Africa (SA), for being sovereign, for advancing the correction of historical injustice and for defending its right to a fair distribution of land among other things. He said countries such as the US will never forgive SA for being resistant in the world. He added that for this reason SA can always count on the solidarity of Venezuelan people. He said that SA, Venezuel, Cuba, Zimbabwe and other resisting countries are proof that the future belongs to those who fight different. He commended the SA leadership and SA people for taking Israel to the International Court of Justice for the genocide they committed in Gaza. He added that this is a concrete demonstration of solidarity in the face of injustice.
Offering a message of support, the President of Law Society of South Africa and the Black Lawyers Association (BLA), Nkosana Mvundlela, said that NADEL’s meeting came at an opportune time, because the challenges faced by SA require all progressive forces to meet under one roof and chart a way forward, that is going to assist the country to find sure footing. He added that the challenges as they arise now are the reflection of a partial failure of the past 30 years. Mr Mvundlela pointed out that he is calling it ‘partial’ failure because its biggest success in the past 31 years has been the fact that SA has adopted a Constitution that all admire. ‘And I am saying it is a partial failure because all of us sitting here reflecting on those 30 years can easily accept that we have not done what that Constitution requires of us to do. And those two poles show you that no matter how best you can plan, tomorrow will always be an uncertainty,’ Mr Mvundlela noted.
The president of the Law Society of South Africa and the Black Lawyers Association Nkosana Mvundlela delivered a message of support at the National Association of Democratic Lawyers, Annual General Meeting and Elective Conference held in Pretoria in April.
Mr Mvundlela pointed out that the one thing that is certain is that NADEL and the BLA are going to exist as long as legal practitioners exist. He added that other organisations such as Advocates for Transformation (AFT) must exist as long as legal practitioners exist. ‘And in that narrative these entities must not just exist on paper and in name. But they must be able to live up to their desired goals. We must be the first people to worry when we don’t reach the goals that these organisations were established for,’ Mr Mvundlela said.
Mr Mvundlela called on NADEL and BLA to ensure that they never fail a black child and the society, and the community of South Africa. He added that the only way these organisations are not going to not fail a black child, the society, and the community is by any calling out corruption. By calling out self-centered people. To call out ill-disciplined people of any nature in these organisations. ‘As we continue to contribute to the policies and legislative framework of empowerment and transformation of this country, we must be able to put more pressure so that those policies are implemented. The Legal Sector Code is not going to implement itself. The Charter Council is not going to achieve anything as long as we do not prepare ourselves as lawyers to benefit from it.
Mr Mvundlela pointed out that if the legal profession does not put the Legal Sector Code in motion, they are not going to benefit from it. He added that the profession must not celebrate the fact that now it is gazetted. ‘We must then say what do we want to see as the benefits of this charter. And develop law firms that demand work from anybody that has to give us that work that the charter says we must get, provided we have capacity to do so,’ Mr Mvundlela added. Mr Mvundlela said a strong NADEL will always mean a strong BLA, and a stronger LSSA. He added that NADEL members must work hard within the organisation to ensure that the BLA benefits from a strong NADEL.
Ambassador of Venezuela, Carlos Feo Acevedo also delivered a message of support to the National Association of Democratic Lawyers, at the organisation’s Annual General Meeting and Elective Conference.
Legal Sector Code Steering Committee chairperson, Christine Qunta, said the government put in place certain measures to begin dismantling the infrastructure of apartheid and colonialism. However, she noted people remain economically and educationally disadvantaged. ‘While we are the numerical majority, we are a cultural and economic minority,’ Ms Qunta said. She pointed out that these government policies had unintended consequences. She said it gave those who oppressed and continue to benefit from that oppression disproportionate influence over nearly every government policy. She added that this has been seen with the National Health Insurance, land expropriation, as well as the Legal Sector Code, which they have been fighting for since 2020.
Ms Qunta shared a recollection of her first encounter with NADEL, when South Africa’s first Minister of Justice in a democratic government, Dullah Omar, called on NADEL and the BLA to engage on the issue of there being two law degrees for students at the time. She added that Minister Omar urged the two organisations to support a change to the structure of legal education. ‘I was active in the BLA Western Cape, and we agreed with NADEL that Latin and Afrikaans must go as a requirement for passing admission,’ Ms Qunta added. She added that they also said that there should be one LLB for all and not different degrees for black and white students.
Chairperson of the Advocates for Transformation, Myron Dewrance delivered a message of support at the Annual General Meeting.
Ms Qunta pointed out that the second time she encountered NADEL was with the Legal Practice Act 28 of 2014 (LPA). She added that NADEL and the BLA fought hard for the LPA, and now the Legal Sector Code, which has experienced massive resistance. ‘NADEL has been with us in the trenches, and we all appreciate that.’
Chief Executive Officer of the Legal Practice Council, Charity Nzuza, said that NADEL remains one of the major pillars of the legal profession. ‘Your resilience, your standing power, and your relevance over many years of existence remains an inspiration,’ Ms Nzuza added. She pointed out that the LPC continues to pledge to work with NADEL now and in the future. She told attendees that the LPC was invited to a meeting by Minister Kubayi and at that meeting the LPC pleaded with Minister Kubayi to fast track the promulgation of the amendments to the LPA, which were submitted to the department in 2019. ‘She correctly alerted us that some of the amendments have been included in the Judicial Matters Amendment Bill, which is currently before parliament,’ Ms Nzuza noted. She added that the LPC has been working with NADEL on preparations for board exams and the LPC values that partnership.
Chairperson of the Legal Practitioners Fidelity Fund (LPFF), Peppy Kekana, in her message of support said NADEL has been out there fighting battles for legal practitioners. ‘I want to say to NADEL let us not forget. NADEL must continue to do what is has done in the past, including the litigation around the Legal Sector Code,’ Ms Kekana said. She pointed out that state-owned enterprises are frustrating legal practitioners with payments and suggested that perhaps NADEL could also look into that challenge legal practitioners are facing.
Chairperson of the Legal Practitioners Fidelity Fund, Peppy Kekana spoke at the Annual General Meeting and Elective Conference of National Association of Democratic Lawyers.
Ms Kekana said that her organisation allocates funds to the LPC, and training is one of the essential items that the LPFF funds. She asked whether the profession takes part and contributes to training, or leaves it to service providers to decide what legal practitioners should be trained on. She asked: ‘Do we give our time to mentor candidate legal practitioners sitting in this room? Lastly, are we ready for the changing trends in the legal profession?’ She added that when the Legal Sector Code comes to fruition it must find the younger legal practitioners ready as they are the future.
Chairperson of the AFT, Myron Dewrance SC pointed out that advocates face the same predicaments as attorneys in some instances. He added that in terms of the Justice Vision 2000 policy document it was envisaged that there will be an infused legal profession, however, he said that the legislature decided that there will be a split profession. He said that this does not mean they should not be unity in co-operation. ‘The fact that we are here. The fact that we participate with other organisations means that we know we are different, but we are equal at the same time,’ Mr Dewrance noted.
Mr Dewrance said that when talking about social justice in particular in the legal profession, transformation is very important. He added that the profession needs an essential instrument, which is the Legal Sector Code, to fasten the transformation of this country. He said organisations such as NADEL and the BLA play an important and leadership role in the legal profession, and the AFT will continue taking guideship from these organisations.
Chairperson of the Justice Portfolio Committee, Xola Nqola speaking at the National Association of Democratic Lawyers Annual General Conference and Elective conference in Pretoria.
Chairperson of the Justice Portfolio Committee, Xola Nqola, in a message of support to NADEL, said that South Africa’s democracy is still fairly new, comparatively speaking. He pointed out that there is still a lot to do collectively to ensure that the democracy of South Africa matures, but most importantly it serves the people. Mr Nqola said that the first election that brought the new dispensation was not just about the right to vote but was about freedom, justice and an equitable society, promoting human rights and human dignity. ‘Progressive associations like NADEL contributed immensely to the depth and maturation of our democracy. NADEL has contributed to the social and economic transformation of our society,’ Mr Nqola added.
Mr Nqola said that NADEL was formed by the most astute legal minds and social activist, including among others, former Chief Justice Pius Langa, Judge Siraj Desai, Professor Mathole Motshekga, and Krish Govender. He pointed out that NADEL has contributed greatly to the legal landscape and the face of the South African judiciary. Mr Nqola touched on the Legal Sector Code. He pointed out that it has been a strenuous process for the Legal Sector Code to be finalised. He said that finally when the code is about to be finalised there are anti-transformation forces who want to take them back. ‘We are not going to be apologetic to the fact that the Legal Sector Code is an instrument towards what we want to achieve as a transformed legal profession,’ Mr Nqola added.
New leadership of NADEL
National Association of Democratic Lawyers elected the following members into leadership:
- Machini Motloung – President
- Ngqiqo Sakhela – Deputy President
- Zincedile Tiya – Secretary-General
- Adv Xolelwa Goci – First Deputy Secretary-General
- Carol Selepe – Second Deputy Secretary-General
- Adv Lizelle Haskins – Publicity Secretary
- Eunice Ntlai Masipa – Treasurer
- Dumpie Dube – Deputy Treasurer
- Savera Maharaj – Gender Officer
- Ntombomzi Ngada – Legislation, High and Superior Courts Officer
- Adv Chandre Brown – Litigation, Education and Transformation Officer
- Zuko Tshutshane – Legal Practice and Development Officer
- Gift Morolong – International Relations
- Mvuzo Notyesi – Inaugural National Chairperson
In addressing NADEL members following the elections, the new president of NADEL, Machini Motloung, underscored the importance of unity and collective effort and remarked: ‘We stand at a pivotal moment for NADEL. Together, through collective and shared commitment, we have the opportunity to elevate NADEL to even greater heights. It is only through unified action and solidarity that we will continue to break new ground and advance the core values NADEL represents.’ The President expressed his optimism and confidence in the dedication and resolve of all members to work together in shaping a stronger, more impactful NADEL.
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 (July) DR 8.
