BAR NEWS

Cape Bar adopts new maternity policyBy Geoff Budlender SC, Cape Bar

One of the matters which inhibits young women from coming to

the Bar, and which limits the retention of young women who do so,

istheconsequencesofmaternity.Absenceforreasonsofmaternity

not only interrupts the process of building a practice: the member

also suffers significant other disadvantages, such as having to pay

chambers rental and Bar dues during the period of absence. If she

takes leave of absence, she loses domestic seniority.

At the Cape Bar 2009 AGM, the members of the Cape Bar dis-cussed the adoption of a maternity policy to address these problems and to facilitate membership of the Bar by women. The decisions which were taken by the members in AGM include the following:

1 Members taking maternity (including adoption) leave are entitled to a year’s leave of absence without any loss of domestic seniority, and to have that period extended for a further period by the Bar Council on good cause shown.

2 On application, and for a period of six months of maternity leave, a member is entitled to a remission from Bar dues and partial remis-sion from chambers rental and floor dues as follows:

2.1 The Bar must pay a contribution to the chambers rental of the member, but the Bar may sub-let the chambers for its own account or use the chambers for another approved purpose.

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Binns-Ward J believes that judges can play

a crucial role in constructively shaping good

advocacy by counsel. ‘It takes hard work as a

judge to get the most out of counsel appear-

ing before you - in order to properly engage

with counsel you need to be just as on top of

the matter as they are.’

As regards counsel’s role, he believes that

it ‘encompasses judgment, not just advocacy;

one’s reputation will always be affected by

the arguments advanced.’

He says he will miss the collegiality at the Bar, as well as the spectacular view of Table Mountain from his chambers. ‘What I will not miss is the knotted feeling in your stomach before arguing a matter.’ Recalling his recent, and last, matter in the Supreme Court of Appeal, he says that he will however miss the rush of adrenaline he always felt after a stimulating argument in court.

Whilst discussing the dinner recently held in honour of Sir Sydney Kentridge QC by the Johannesburg Bar, Binns-Ward recalled

that many of the prominent lawyers who gave speeches at the event, including retired Constitutional Court Judge Kriegler, Fanie Cilliers SC and Sir Sidney Kentridge QC, spoke about the impact that certain of the judges before whom they appeared in their days as junior practitioners had on their pro-fessional development. ‘I hope that one day, junior practitioners who appear before me will be able, as seniors, to make speeches in the same way about how I impacted on who they turned out to be as lawyers.’

BAR NEWS

Mcebisi James Tulwana has joined the PE Bar with effect from August 2009. He was briefly a member of the Johannesburg Bar from 1999-2000. He has previously gained experience at the Customs

Division of SARS and as a legal and government relations officer at General Motors.

Barry Pienaar SC, a member since 1984, and Albert Beyleveld SC, a member since 1998, were officially conferred their letters patent by the State President earlier this month.

Jannie Eksteen SC acted in the Port Elizabeth and Grahamstown High Courts during August 2009.

Port Elizabeth Contributed by David Smith

2nd& ADMIRALTY JURISDICTION

IN SOUTH AFRICA

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P r o f M a r c H u y b r e c h t s - V e r v o e r e n R e c h t

A detailed analysis of

OLD VOYAGES AND NEW COURSES IN SOUTH AFRICAN MARITIME LAW

C O N T A C T J u t a L a w C u s t o m e r S e r v i c e s Te l : 0 2 1 6 5 9 2 3 0 0 , E m a i l : c s e r v @ j u t a . c o . z a

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2.2 The Bar must pay a contribution to the floor dues of the

member, unless it has sub-let the chambers in which case the

sub-lessee must do so.

2.3 The Bar’s contribution to chambers rental and floor dues will be

capped at a total amount determined annually as the aver-

age cost of chambers and floor dues. The capped costs for the

2009/2010 financial year will be R5 500 per month.

3 The Bar will create a Maternity Reserve Account which will be

credited annually with a portion of the Bar dues, and ensure that

the balance in the account is sufficient to meet the estimated costs

during the forthcoming year of remissions from Bar dues, chambers

rental and floor dues.

4 During the 2009/2010 financial year, a levy will be imposed on

members in order to provide funds for these purposes. The levy is

on a sliding scale (depending on seniority) ranging from R300 to

R750 annually.

5 Members on maternity leave may, at their election, practise at home

during their maternity leave period.

It was agreed that the Cape Bar Council would liaise with the

General Council of the Bar to have any necessary amendments made

to the Rules of Professional Ethics to enable female members to

conclude devilling arrangements appropriate to maternity leave, and

to impose an ethical obligation to facilitate the ongoing practice of

members who take maternity leave. The Cape Bar Council will seek to

encourage the adoption of a generally applicable maternity policy for

the General Council of the Bar.

The Cape Bar hopes that the adoption of this maternity policy will

remove or at least mitigate one of the serious obstacles to women

becoming members of the Bar, and retaining their membership. The

policy will be reviewed at the 2012 AGM.