San Francisco, California - Hon. Rebecca Westerfield (Ret.) and JAMS hosted a program with a group of visiting South African women judges to explore the roles of women in the legal profession and to discuss mentoring activities for the professional development of women in law.
The delegation consisted of Hon. R. Allie, High Court of Cape of Good Hope; Hon. Ng Beshe, the Department of Justice and Constitutional Development; Khanya Maluleke, Harmony; Hon. Fariedha Mohamed, Hon. D. M. Soomaroo and Hon. Amanda Venter, three South African Regional Magistrates; and Stefani Buster, Esq., the delegation’s host and guide.
Highlights
This distinguished group of jurists discussed the critical role of the judiciary in the democracy of South Africa. In comparing and contrasting the legal systems in the U.S. with South Africa, differences were noted regarding sentencing, selection of judges, lengths of judicial terms and diversity.
When asked what surprised them most about the U.S. after visiting several different cities across the nation, the judges remarked (1) the lack of civility in public dialogue; (2) the remaining obstacles to full engagement experienced by certain sectors of society (namely, blacks and women), which they thought would have been addressed or remedied by now.
They acknowledged remedial measures in the U.S. but noted a reluctance to address the issues directly. They suggested that the very explicit nature of inequalities recently addressed in their country may have given them a capacity to address issues head-on, without shame or fear. They shared their views on the importance of women, and particularly women of color, having a strong presence in any legal system.
The discussion highlighted how central the notion of conflict resolution is in South Africa’s legal system. In fact, ADR is a mandatory part of their legal education. The judges described South Africa’s reformative sentencing in criminal cases (which includes dialogues between victims and offenders, and reparations to the community) and how it contributes to a system of restorative justice. However, they also identified the need to expand knowledge about the international arbitration process and remedies throughout South Africa.
This group of such extraordinary women visited San Francisco as part of the Institute of International Education (IIE), a non-profit organization that designs and implements professional programs for foreign leaders, specialists, and international scholars. Committed to encouraging international education and training, IIE has connected thousands of scholars and professionals from all around the World, through its 250 programs.
About JAMS, The Resolution Experts
Founded in 1979, JAMS, The Resolution Experts, is the nation’s largest private provider of mediation and arbitration services. With Resolution Centers nationwide, JAMS and its 250 full-time, exclusive neutrals are responsible for resolving thousands of the nation's most important cases. JAMS may be reached at 800-352-5267.