Thirty years into democracy: achieving substantive equality in the South African legal profession through addressing the social reproduction of inequality

Abstract

It is globally recognized that diversity and cultural competence in the legal profession is imperative to eliminating inequality and ensuring the representation of disadvantaged groups. The last three decades have seen a significant increase in the representation of women and ‘Blacks’ entering the legal profession. However, despite legislative and policy change to drive transformation, the hierarchy of the South African legal profession remains dominated by ‘Whites’ and men. The inequality in demographic representation intensifies as one considers the more prestigious disciplines and particularly at the partnership level, where women and ‘Blacks’ remain remarkably marginalized. This paper critically presents the complex and nuanced ways in which systemic inequality and marginalization maintains itself in the legal profession. The study conducted qualitative interviews with 27 women attorneys across three commercial law firms in Cape Town and Johannesburg. The research was informed by Bourdieu’s theory of habitus, field and cultural capital to illuminate the informal, invisible and hidden ways in which inequality and marginalization persist within the profession. The analysis illustrates the materiality of historical ‘White’ middle-class ideals and how the social reproduction of disadvantage for ‘Black’ women in the profession manifests, thus negating the ideals of democracy and transformation. Continued efforts to improve diversity, inclusion and equity in the profession are vital to ensure that fairness, unbiasedness and transparency, the hallmarks of the law as a discipline, are truly reflected within the organizational culture and structure of the South African legal profession.