Breitenbach said Mayosi was excluded because of the “LPC’s application of the inflexible racial and gender quotas in the regulations and rules”.
“The LPC considered that together these quota provisions dictate that, regardless of the number of votes for back or female candidates, the contingent of advocates on the provincial council has to consist in all cases of one black female, one black male, one white female and one white male,” he said.
The Bar Council also lodged a high court application under the Promotion of Administration of Justice Act. Breitenbach said both cases were based on law rather than “personal consideration or preferences”.
“The Cape Bar brings this matter in its own name and interest, as well as in the interest of its members and in the public interest, given the implications of the impugned rules and regulations for the composition of the provincial council and consequently for the regulation of the legal profession in the Western Cape,” he said.
The LPC “exercises jurisdiction over all legal practitioners” and is responsible for the establishment of the provincial structures.
“This matter requires resolution on an expedited basis,” said Breitenbach. “The provincial council is an important body with wide-ranging powers. Its decisions have profound impact for all of the Cape Bar’s members and all legal practitioners.”