BLACK LAWYERS NOT READY FOR PRIME TIME

The Black Lawyers Association (BLA) has criticised President Zuma for retaining white counsel to represent him in the Nklanda case before the Constitutional Court. The BLA asserts that Zuma has "no faith in black advocates". There is merit in the BLA's assertion of a "lack of faith in black advocates". Consider the glaring whiteness of legal counsel appearing on behalf of certain parties before the Constitutional Court. It is symptomatic of the pervasiveness of white counsel retained in complex litigation disputes in preference to black counsel, because of the latter's perceived lack of sophistication and experience in such matters. The private and public sectors are equally at fault in perpetuating the stereotype. Our legal system is structured to provide litigants with the right to freely retain legal counsel of their choice. It is an unfettered right primarily based on public perceptions of counsel's legal competence, skill and reputation. The fact that Gauntlett was white played no part in Zuma's decision to retain him. He was retained solely because of his perceived expertise, competence and experience. Zuma's decision to hire Glauntlett was simply predicated on self-interest. The stakes were too high to place his trust in black legal practitioners not yet ready for prime time. The bumbling antics and incoherent submissions of Speaker Mbete's counsel at the Constitutional Court on the Nklanda case is a quintessential example of unpreparedness for prime time. Black legal practitioners have been historically disadvantaged and deprived of the entrenched privileges enjoyed by their white colleagues. It will take meaningful mentoring before black legal practitioners are able to run with the pack. Until then their ability will remain suspect.