New #womaninlaw interview! This month we chat with Advocate Bonolo Khumalo who holds a Bachelor of Laws and Masters of Laws. Advocate Khumalo is experienced in Alternative Dispute Resolution and Litigation and her practice areas include General Civil Litigation, Labour Law, Medical Malpractice, Cyber Law, Family Law, Access to Information, Human Rights Law and Constitutional Law. She is also a member of the Global Strategic Litigation Council for Refugee Rights and South African Refugee Led-Network.
Below is our interview with this phenomenal #womaninlaw.
FWIL:
What inspired you to study law?
ADV.BK:
Growing up, I was a critical and analytical child, especially in matters of justice. My maternal Grandmother would always say I would be a lawyer due to certain characteristics that I possess. Therefore, I could say that she ignited the flame of my pursuit to study law as well as my innate interest in speaking up for the voiceless and marginalised was a factor. My High School, Sagewood College, also played a huge contribution in making sure its students had prior knowledge about all kinds of career fields before making decisions about which career one should choose. They had ‘Career Expos’ every year from grade 8 to grade 12. This involved different presentations from many universities and institutions, which included the courses that they offer and the high school subjects one needed for the career as well as the points one needed to have in order to be accepted at a certain university or institution . Thus, from grade 8 I had the privilege of attaining knowledge about different career paths, which made my career choice seamless.
FWIL:
Please tell us what motivated your decision to become an advocate as opposed to an attorney?
ADV.BK:
In my final year of my LLB, I chose a module called “Legal Process”. Which incorporated practical legal work (working at the University’s Law Clinic) and theoretical legal work. The first semester, we had Attorney based practicals, this involved consulting with Legal Aid Clients, taking instructions, formulating legal advice, opening a file, keeping record of instructions and so on and forth. (With the guidance of a supervising Attorney / Lecturer). The Second semester involved Advocacy work, this included drafting of pleadings, mock trial preparations and mock trials. The contrast of the pragmatic work between the first and second semester depicted my interests, strengths and passion. Therefore, this was the biggest motivating factor which made me become an Advocate as opposed to an Attorney.
FWIL:
You are a member of the Global Strategic Litigation Council for Refugee Rights and South African Refugee Led Network. What do you think are some of the biggest challenges that refugees and asylum seekers face in South Africa and in your opinion, how can our government address these challenges?
ADV.BK:
The biggest challenges that Refugees, Migrants and Asylum Seekers face in South Africa, is Xenophobia and Afrophobia for those who are African Nationals. The second challenge is access to services, which is rooted in discrimination faced in the access of services. The recent predicaments which have been happening in terms of this challenge, occurred in the access of Healthcare services, whereby nurses were forcing Migrant pregnant women to pay bribes in order to access public healthcare services, which was unconstitutional as well as the Gauteng High Court confirmed that all pregnant and lactating women, and children under six, can access free health services at all public health facilities, including hospitals, irrespective of nationality and documentation status. The third challenge is policy implementation, in terms of enforcing refugee rights. The forth and final challenges highlights the foundational challenge of all which is the lack of knowledge, understanding and implementation of Human Rights for all who live in South Africa. Our Government can address these issues firstly ensuring that there is proper and efficient policy implementation. Secondly, educating South Africans about Human Rights, in which the emphasis would be Refugee rights, in order to highlight the causes and effects of Xenophobia, and most importantly to curb it. Then thirdly, our unemployment issues need to be addressed and job opportunities need to be created as unemployment has been the driving factor of Xenophobic attacks and overall discrimination of refugees, migrants and asylum seekers.
FWIL:
As a black woman in law, have you experienced race and gender-related bias? Please tell us about the challenges, if any, that you have faced.
ADV.BK:
I have experienced race and gender related bias. The Advocacy arena is still white male dominated. There are of course mechanisms that are put in place in the attempt to bridge the gaps of racial and gender related bias, however realistically as a Black Female in Law, I feel there’s still a long way to go, as we still need to prove ourselves in spaces of employment, as well as to be recognized as equally exceptional as the male counterpart.
FWIL:
Do you identify as a feminist? (Why/why not)
ADV.BK:
I am a proud feminist. I believe in the “advocacy of Women’s rights on the basis of equality of the sexes”. Equality in opportunity, access, social hierarchies, employment hierarchies and everywhere, where gender and sex is emphasized in a discriminatory tone.
FWIL:
What does women empowerment mean to you?
ADV.BK:
Women empowerment is the recognition and promotion and awareness of women in different roles that they play and not limited to societal standards and discrimination. Thus, women empowerment affirms that women are knowledgeable, leaders, trailblazers, innovators and their viewpoints, thoughts and creations are important in a society.
FWIL:
The journey of most legal professionals is not always easy. What are some of the lessons you have learned along the way and how have they shaped your outlook on life?
ADV.BK:
The lessons I have learnt is being patient and always staying connected to the vision no matter the hardship. There is always a light at every tunnel. That is how I have navigated in my legal career. It is important to be hard working, persistent, taking accountability and learning from my mistakes in order to yield success after failure or setbacks.
FWIL:
What is the best advice you would give to a woman in law?
ADV.BK:
You are not boxed, you are forever evolving and multi-faceted. Do not be afraid to expand yourself and be dynamic in areas you are afraid or have imposter syndrome to tap into.
FWIL:
What attributes do you think every magistrate must have?
ADV.BK:
I believe a Magistrate should possess great knowledge in law, in order to adjudicate over matters, one must be well-versed in the study, philosophy and practice of law. The second attribute that is of pivotal importance is having a good character, as character affects a range of things, such as impartiality, non-biases, sound judgment, societal/ social awareness, maturity, tactfulness, critical thinking and emotional intelligence. (This is an inexhaustible list)
FWIL:
What recent change/amendment in the law (in your country/state) has caught your attention? (Do you agree with the change? Why/why not)
ADV.BK:
The National Health Insurance Bill (NHI), has caught my attention. The Bill is of vital importance for the future of Medical access in South Africa. Currently, the Bill is under consideration by the National Council of Provinces. The key provisions which I noticed that relates to Asylum Seekers and Illegal foreigners (undocumented persons) are depicted in Chapter 2 of the Bill, specifically sections 4 and 5. Section 4 refers to the “population coverage” and section 5 refers to “registration as users”. Thus, denotes that Asylum seekers and Illegal Foreigners are only entitled to (a) emergency medical services and (b) services for notifiable conditions of public health concerns. Therefore, excluding the two groups from accessing other healthcare services provided for in the Bill. Therefore, it is contrary to the Constitution in terms of Section 27(1)(a). Although, not all rights are absolute, as they can be limited by Section 36 of the Constitution, I do believe that the Bill should be amended to grant access to Asylum Seekers and Undocumented Persons. Thus, Section 4 should expand its universality and secondly, Section 5 should be amended in what is “required to register as a user”.
FWIL:
Our world is constantly changing, in your opinion, what are some of the challenges that legal professionals will face in future?
ADV.BK:
The Fourth Industrial Revolution is something that Legal Practitioners need to take into account. A study was conducted, on the impact on the Fourth Industrial Revolution will have on the Legal Profession. Whereby a group of lawyers were given a case study to figure out and a robot lawyer was given the same. The robot lawyer scored higher than the group of lawyers and in a time efficient manner. While the Lawyers did significantly well in solving the legal case study their competitor did better. Therefore, I believe that as legal practitioners in a world that is constantly changing, we also have to go with the changing times and reinvent ourselves every 10 years in order to stay in demand, effective and efficient in our profession.
FWIL:
As a legal professional, it is quite important to effectively use your network. How do you meet other professionals and what are some of your effective networking skills?
ADV.BK:
I network by attending networking events that I am either invited to or that I personally sign up for. I always carry my business cards too, it’s hilarious where and when you meet people who are potential clients so carrying my business cards always helps me with networking. Lastly, as I am in between being Millennial and a Gen Z , social media is also a networking tool I have found useful.
FWIL:
What does the term “role model” mean to you? Is there a particular woman in your life that you consider a role model?
ADV.BK:
It means someone I look up to in an aspirational, motivational and inspirational manner. I consider Judge R M Keightley as my Role Model, she embodies every attribute that I wish to possess one day as a female Advocate and possibly Judge.
FWIL:
What books have you read that have greatly influenced your life?
ADV.BK:
Outliers by Malcolm Gladwell, the book is mainly about individuals who do things that are beyond the realm of the ordinary and what essentially separates the best from the rest. I also enjoyed Capitalist Nigger by Chika Onyeani, this book addresses so many topics which we need as black people and as well as he speaks on ways in which we can be emancipated despite our past. This book speaks to all black people across the world, from Africa, America, Europe, the Diaspora and etc.
FWIL:
What’s a quote that you live by? Your mantra
ADV.BK:
“Success is not final; failure is not fatal. It is the courage to continue that counts” by Winston Churchill. As well as a Biblical Scripture: I can do all things through Christ who strengthens me” – Philippians 4:13.
FWIL:
How do you remain autonomous while working in the legal field?
ADV.BK:
Staying grounded in Christ and in tune with my Spiritual life. I read Devotionals from the Bible App every morning before I start my day, meditation as well as prayer helps me retain independence in my values, thoughts and beliefs. Therefore, I can separate my autonomy while working in the legal field.
FWIL:
What is your take on mentorship and are you open to mentoring young lawyers or law students?
ADV.BK:
Mentorship is vital. My career is based on mentorship, from being a Pupil Advocate to being an advocate, mentorship took place. As well as I still seek my mentors guidance from time to time. I am open to mentorship, I am currently mentoring a young lady who is completing her studies.
FWIL:
How can people reach out to you? (social media handles)
ADV.BK:
Instagram: @bonolokhumalo_
Twitter: @bonoloc_khumalo
LinkedIn: Adv. Bonolo Khumalo
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