About Us

LCJ Maree SC, Mafikeng

A brief history of the North West Bar Association

Birth and name

In an old dilapidated minute book, the following is found on the first page:

“Ons, die ondergetekendes, stig hiermee ’n organisasie wat bekend sal staan as die Balie van Advokate van Bophuthatswana, ook bekend as die Balie van Bophuthatswana.”

This founding document for what became the Bar Association was signed by Advocates JJ Rossouw, TR Kagellé, and Larry Thomas on 17 March 1981 at Mafikeng.

Members

The Bar came into being when Bophuthatswana Bar Association, now known as the North West Bar Association (NWBA), was formed.

One of the founding members was W Jones, who joined the Bar in 1982, and BG Savas in 1983. For quite a number of years, there were only three members at the Bar: Kagellé, Savas and the author. With help from “outside counsel” they worked to cope satisfactorily with work generated in the then Supreme Court of Bophuthatswana (now the High Court of Bophuthatswana).

The importation of advocates as guest speakers for Bar dinners and the presence of the Attorney-General helped maintain a core of loyal advocates and judges.

During 1985, the “floodgates” opened: new joiners included FD Kgomo, L Lever, J Pistor, P Simmons, H Knopp, J Chulu, while BE Nkabinde, L Lever and M Mogoeng joined in the early 90s. Later arrivals included H Hendricks, M Leew, F Khalá, P Boikanyo, SG Mothibe, J Milaki, K Khuduqie, Y Dibetso, D Moseki, SS Stander, OK Chwaro, D Kneel, CJ Zwiegelaar, N Gutta, and MG Tapela.

Achievements

Members elevated to the Bench include:

MTR Mogoeng (Judge-President of the High Court of Bophuthatswana)

F Kgomo (Judge-President of the Northern Cape High Court)

Nkabinde, Leuver and Chulu (deceased) – all judges of the High Court of Bophuthatswana.

Other members acted as judges in various divisions, including the High Court of Botswana. Members also served commissions of enquiry and other public roles.

The NWBA produced more judges per capita than any other bar association in South Africa.

Premises

The Bar struggled to find suitable premises. They finally secured space in a building around 1989. It took three or four years to secure proper chambers.

Membership grew rapidly in the 1990s.

Staff

The NWBA staff turnover was low: Elize Hendrien, Getrude and Sawa have been in service for long periods and are remembered for their commitment.

Fight for survival

When attorneys were admitted to practise in the High Court of South Africa without a quid pro quo to the advocates, it dealt a severe blow to the NWBA — especially junior counsel. The Legal Aid Board’s frequently late or unpaid fees aggravated the problem.

Resilience and challenges

Despite being a voluntary association, the NWBA has the right to decide on its own future. Many practitioners never belonged to any Bar association.

Service to community

The Association rendered exemplary community service, including legal aid and pro bono work, and produced some of the country’s finest judges.

Epitaph

Should the Bar fail to flourish, the author remarks:

“Here lies the NWBA, a voluntary association established to render legal services to the public, but unfortunately legislated to death.”