Questions over law firm hiring requirements

Need for own car ‘anti-transformative’

THE Legal Practice Council says it is “anti-transformative” for law firms to stipulate in their job advertisements or contracts that prospective candidate attorneys must possess their own vehicle and driver’s licence.

The council said it wanted to amend its rules to make it an act of misconduct if a firm stipulates in a job advert, employment contract or during an interview that a candidate attorney must be in possession of a driver’s licence and/or own or have access to a motor vehicle for use in the course of employment.

The organisation’s notice published in the government gazette last Friday states: “The Legal Practice Council has become aware that some prospective employers of candidate legal practitioners require that the applicant be in possession of a driver’s licence and/ or own or have access to a motor vehicle for use in the course of employment.

“The council believes that this practice is anti-transformative and prejudices persons from disadvantaged backgrounds, and it intends to amend the rules promulgated under the Legal Practice Act to prevent this anti-transformation practice,” chairperson Kathleen Matolo-Dlepu said.

Under the proposed amendments, it would also be considered misconduct to enquire during interviews if a prospective candidate legal practitioner had a car or licence, or to be required to enter into a practical vocational training contract with the same requirement.

The Black Lawyers’ Association welcomed the notice as it said it had campaigned for the abolishing of the practice of requiring new graduates to have cars in order to get candidate jobs, its president Mashudu Kutama said yesterday.

“We noted that white law firms in particular require candidates to have cars and licences. That, to us, is discriminatory and exclusionary,” Kutama said.

But this was just one of several counter-transformation practices in the legal sector, he said.

“We condemn the requirement of Afrikaans in adverts. The requirement must be English.

“The language of the court now, as per the directive of the chief justice, is English,” said Kutama, adding that requiring fluency in Afrikaans was exclusionary.

Kutama said he was aware that a language policy for the law profession was in the pipeline.

He called for the removal of all practices that made it difficult for black graduates to serve their articles.

“We want easy access to the profession,” Kutama said.

He said harsh action must be taken against firm owners found guilty of asking graduate candidates if they had cars or licences.

“We insist that requiring a car and licence from candidates should be a striking-off offence.”

Black law graduates have previously complained of various anti-transformation practices in the sector.

The Afrikaans requirement topped their complaints, followed by the car demand.

There were also qualms about low stipends, with some decrying getting paid R3 000 a month.

Interested parties have until August 10 to comment on the council’s proposed amendments via email to rules@lpc.org.za