Viewing articles from October, 2014

Article in the September 2014 issue of Canterbury Tales

18 Oct 2014

2014 CWLA conference – Learning from each other

Imagine being beaten up by police, arrested, threatened, watched, followed, your children threatened, your dogs poisoned, all for upholding the rule of law. That has been the life of Beatrice Mtetwa, for practising law in Zimbabwe and daring to represent journalists, politicians and community leaders regardless of their political affiliations .

Beatrice was the keynote speaker at the successful Professional Women’s Conference hosted by the Canterbury Women’s Legal Association and the New Zealand Bar Association on 2 September 2014 at Christchurch and sponsored by Simpson Grierson, Craigs’ Investment Partners, Harmans Lawyers, Anderson Lloyd Lawyers, Chapman Tripp, Baldwin’s Intellectual Property and the New Zealand Law Society.

Beatrice enthralled the approximately 180 professional women with her account of growing up on a farm in Swaziland, eldest of over 50 children, gaining her Law degree (including a stint in Scotland) and moving to Zimbabwe where she initially worked as a criminal prosecutor for the newly independent government lead by Robert Mugabe, before setting up at the independent bar.

She began working at the independent bar, not intending to be a crusading human rights lawyer, but that was a role that “choose her”. In one of her first big cases she challenged a law that had been passed allowing a governor of a district to dissolve boards of non-government organisation (NGO’s) at whim. She took this to the constitutional court and won.

Beatrice is clear that she will represent all those who need her help, from across the political spectrum, because for her what is important is the rule of law and ensuring that all are treated fairly and equally before the law.This has led to some interesting situations some of which she shared with the audience but are perhaps not appropriately shared here.

Her commitment to the rule of law has not been without personal sacrifice. In 2003 she was picked up by police about 8.30pm at night and driven around while being beaten until she was dumped at 4.30am in the morning. Her glasses had been smashed into her face, her earrings ripped off, and she was bruised all over. Her response was typical of her commitment to the rule of law. She waited until after 7am when she knew the police shift would change and went and laid a complaint at the same police station as the officers who had beaten her were stationed. The officers on the new shift of course would not believe her story even when she pointed out the police car in the yard which still contained the remains of her glasses and her earrings.She took a civil case to Court however of course no police officer turned up to testify. The Judge hearing the case reserved his decision – and his judgment is still pending over 10 years later.

Beatrice has many notable successes representing foreign journalists, opposition politicians and community leaders. Beatrice told the audience that despite the inconsistent manner in which the law is applied in Zimbabwean the legal system is still the only tool she is able to use and she has become adept at using the criminal justice system strategically to defend her clients. She gave an example of when influential community leader Jestina Mukoko was abducted by persons unknown and she managed to use the court system to pressure police to reveal where she was being held, a key step to securing her eventual release.

The fact that Zimbabwe has a constitution and therefore a constitutional court also gives Beatrice a forum in which to take matters that cannot be resolved in the lower courts. As Beatrice said although the justice system is unreliable what she has found is if she files a document in court invariably someone files something in reply and in that manner the very least she has achieved is that the matters raised are preserved for posterity.

Beatrice had to use all her skills to defend herself in 2013 when she was arrested for asking police for a copy of their search warrant while they were searching the house of a client of hers who is an opposition politician. She was arrested and detained in a women’s prison for eight days. Unfortunately no lawyer would represent her. She successfully won her case after eight months of court hearings being deliberately scheduled to conflict with her own work as an advocate. Nearly eight months after being acquitted she now faces an appeal by the prosecutors about the legal process followed by the Judge. If re-tried she faces two years in prison.

Beatrice has deservedly won a number of international awards for her human rights work and her courage and she left the audience feeling grateful we live in a country that the rule of law is in the most part strictly observed.

Beatrice it is to be noted, went from Christchurch to Queenstown to speak at the World Bar Conference later in the week. Because she had never been to the snow and is fond of dogs, the CWLA introduced her to dog sledding in the Cardrona Valley and this turned out to be a highlight of her time in New Zealand.

Back to our conference - Beatrice Mtetwa’s address was followed by an impressive array of professional women speakers. Linda Clark, new lawyer, former political editor, host of Nine to Noon, and television broadcaster addressed the disparity that still exists for women lawyers compared with their male counterparts. While woman are graduating from law school in greater numbers than men, every year since 1993, over 20 years on women are still failing to be equally represented in the senior positions in law. 19% of partners of big firms are female, 15% of Queens Counsels are female and 28% of Judges are female.

Linda discussed what she felt were the contributing factors from her perspective as a “junior” female lawyer. The factors she identified are :- inertia – the status quo works for the majority so why change; unconscious bias – male partners often don’t even recognise the “glass ceiling” or the “road blocks” that inadvertently discriminate against female lawyers in their employment; confidence -women have lower levels of confidence than men and need to understand that competence alone is not enough; ambivalence- women themselves appear to be ambivalent about success often (and perhaps rightly) understanding there is more to life than work.

Gillian Coumbe QC is an example of a female lawyer who has made it to the top ranks of the profession. She confessed that in her early days she found it too alarming even to speak up at the weekly litigation department meetings at Russell McVeagh, and sought professional voice training from the late Lois Paynter.

Gillian encouraged the young female advocates in the audience to make sure they take and make every opportunity to have a speaking role in court. Once gained she encouraged advocates to be thoroughly prepared for the hearing; get to Court early and get yourself in a “zone of quiet calm”; invest in professional voice training –it helps, and remember that the case is not all about you! The advocate’s role is to advance their client’s interests consistent with the advocate’s own duty to the court. Gillian view is by being attentive and responsive to the Judge, rather than being absorbed in your own performance, the new advocate will largely forget their anxiety.

Gillian left the audience with a message in the spirit of Dame Augusta Wallace, New Zealand’s first female judge, “Press those heels down and make your presence felt. Be your own advocate.”

The conference then heard an interesting and enlightening talk from Karen Stevens the Savings and Insurance Ombudsman. Karen gave us a practical and useful insight into the role her office plays which is particularly relevant in post-earthquake Christchurch. In her engaging presentation Karen gave examples which showed us how useful her office can be to the insured (as well as being a free service). Karen also provided some advice to the audience on potential pitfalls for consumers of insurance policies.

Karen was followed by the hugely entertaining Lisa O’Neill, stylist. Lisa was one of the standout speakers from last year’s conference and this year was no different with the audience laughing loudly at Lisa’s hilarious style of delivery which borders on stand-up comedy. Lisa main message was that women don’t often acknowledge “what they really, really want” and our “want muscle” is often suppressed. Too many of us say Lisa, say we don’t know what we want and Lisa challenged us to ask the question “If you did know what you wanted, want would you want?” Because in reality we know what we want but just are reluctant to verbalise for fear of being judged.

She also challenged us to live in the here and now, not in the future when for example we are a different dress size. Lisa encouraged us to embrace our body stating the wise view is that it is a lot easier to change your mind about your body than to change your body.

The last speaker was Christine Grice, Executive Director of the Law Society. Christine told the audience that statistics hot off the press from Statistics New Zealand tend to confirm the gender bias that continues at the top of the legal profession. 41% of male lawyers earn over $150,000 per year, while only 15% of female lawyers earn over $150,000 per year. 44% of all female lawyers earn under $70,000 per year while only 23% of male lawyers earn under $70,000. The Law Society has a new section of its website “Women and the legal profession” on which further statistics related to women and the law can be found.

The conference was again ably chaired by Helen Cull QC and our thanks to her.

The day was concluded by a cocktail party in the beautiful new cardboard Cathedral in Christchurch, a fitting end to a memorable day. It certainly was a highlight for professional women in Canterbury who continue to work in and live in fairly difficult circumstances post the 2011 Earthquake.

Thanks again to the sponsors who made the conference possible. In addition to the main sponsors, thanks must go to Dulux, Pilot Group, Above the Line Trust and Underground Coffee Company, Untouched World, Megisti Sailing Charters, Mindfood, Thomson Reuters NZ, Lone Star and Yazu Hair Lounge for speakers’ gifts and gift bag goodies. Thanks also to the tireless efforts of CWLA Convenor Catherine Bibbey without whom the conference would not have happened.

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