Last week, South Africa’s Justice Minister, Jeff Radebe, suggested that black lawyers should receive a larger portion of the government’s multibillion-rand spending on litigation.

'Skewed patterns'

Mr Radebe’s spokesperson, Tlali Tlali, told national newspaper the Mail & Guardian that the minister was concerned about the plight of previously disadvantaged members of the legal profession, because the ‘skewed patterns of briefs in the past’ had the effect of benefiting certain sectors in the legal profession to the exclusion of others.
The national president of the Black Lawyers’ Association, Busani Mabunda, echoed the minister’s apprehensions. He said President Jacob Zuma was aware of the issue, which is a ‘serious strain on lawyers in the region’. He added: ‘Government and all stated-owned enterprises have, to some extent, tried to procure black legal professionals, but when it comes to paying, they are not playing ball.’
Barnabas Xulu, a high-profile lawyer who is well-known in political circles, also claimed to be on the receiving end of what he describes as the ‘culture of non-payment’.
Despite a number of prominent clients, Mr Xulu’s co-owned firm, Xulu Liversage, has been blacklisted by the local bar council as it was unable to pay senior legal counsel in full.

'Crippling effect'

When Mr Radebe announced the policy of ensuring that black-owned firms benefited from a bigger slice of the state’s litigation expenditure, Mr Xulu – who claimed to be owed more than R1m (£76,000) by the state attorney’s office – was unconvinced. ‘If I did not have this problem with non-payment of my legal fees by clients who are able to pay, maybe my firm might have grown even bigger. This obviously has a crippling effect on the growth of the firm,’ said Mr Xulu. ‘They say there are a small number of lawyers coming into the system. Here I am – I have the exposure, but you cannot grow without resources.’