Shirley le Guern catches up with Sandhya Mahabeer, the recently elected first female chairperson of the Advocates Society of KwaZulu-Natal.
Speaking from her uMhlanga office with its sweeping view of the coastline, Sandhya Mahabeer SC, believes that her two-year tenure as leader of 339 fellow advocates based in both Durban and Pietermaritzburg will be an exciting time, but also admits it may not be easy.
“It’s about trying to look at things differently. We’re going through very trying times, but I feel that, fundamentally, it’s up to each individual to save this country, to help in whatever way they can and to encourage people to rebuild. We need and deserve a strong Bench, so we need a strong panel of judges. I believe that the Bar has an important role to play in that – we have an important goal,” she says.
For Sandhya, achieving this is not so much about her, but about the council functioning in a cohesive, interactive and dynamic fashion.
“I think the Bar represents a microcosm of industry in this country, especially post Covid. Why I am particularly proud to take over as chair is because this Bar Council is the most transformed we’ve ever had. We have predominantly female members and many women of colour. Covid and all the hardships and challenges it brought caused each and every one of us to relook and rethink how we practice,”
she explains.
Of late, the legal profession has faced its fair share of upheavals, according to Sandhya.
The new Legal Practice Act that came into force a few years ago saw a complete change in the regulation of the profession, adding complications that she admits many are still trying to learn their way around.
De-centralisation came next. “Previously, we were based in the Durban CBD. But the CBD has, unfortunately, degenerated over the years. With this came the challenge of having to leave that environment,” she says.
The end result is that this single legal hub has devolved into 10 sets of chambers in Durban and three in Pietermaritzburg. This brought new opportunities to re-organise into groups that were more representative of the Bar.
Another challenge has been transformation. “There’s been a push for more women of colour to become involved in the business of the Bar and to be briefed in more challenging and more lucrative work. The mindset has begun to change. I believe that where we go in the next two years will determine the relevance and the future of the Bar.”
But, financial challenges around Covid have seen many members, especially women, leave and practices fail.
“As a woman, it’s particularly challenging because, as a whole, this is still a male-dominated profession. You have to work harder to get the same recognition as men. It is so difficult if you come in as a mother or young wife or even a sole breadwinner. It is hard to get your practice to the same level as quickly as men do,” she explains.
During her career, Sandhya has had firsthand experience of many of these issues. Raised and schooled in Isipingo Beach, she admits that law wasn’t her first career choice.
Her love for the sea meant she wanted to be a marine biologist. But, during apartheid, career choices were limited and she only had law and medicine from which to choose.
Rather than go directly from school to university, she spent a year in Australia as a Rotary student. This, she admits, was a culture shock. Communication was not what it is today and she found herself in a very rural area.
“But, I met the most wonderful people and it was an important part of my growth. I met people there who I still consider my family and I connect with from time to time,” she says.
She returned to begin her BA LLB at Howard College in 1990. After graduating, she followed her sister and then brother-in-law into the legal profession, joining their practice in Isipingo Beach in 2002, which exposed her to both criminal and civil law, providing a good grounding in both.
When she realised she’d reached her ceiling here, she faced the choice of opening her own practice or moving to Johannesburg to work for a large corporate law firm.
However, her career moved in a totally different direction after she received a message from a colleague. The Bar was looking for a strong, woman of colour who would specialise in civil work.
“The thought intimidated me, but I took the plunge anyway. I have not had a single regret. It took some time to build my practice – it was the early 2000s – so it was a different time,” she says.
Career highlights include serving as an acting judge in 2018 and being granted silk status – conferred on advocates in recognition of excellence – from President Cyril Ramaphosa as a senior counsel.
It comes as no surprise that Sandhya has little time for anything outside of law and her small amounts of time off are spent with her much-loved family and friends. She is an avid reader and enjoys walking and swimming.