South Africa is described by many as a place of great contrasts. Extreme wealth and poverty can be found together, often within metres of
each other.

Much like the nation’s disparate wealth distribution, there is a stark divide between the needs of corporate giants crowding in on South Africa and the practical challenges that the reality of hiring talent presents.

Climate better for business prospects than foreign job-hunters

According to corporate recruiter Ben Cockram, the chances of a foreign  professional finding work in the country are slim.

“It’s doable but it’s highly unlikely,” Mr Cockram says.

“In the four years that I’ve [recruited] for South Africa, I’ve made one placement that wasn’t a South African national.”

Mr Cockram is an associate director for Taylor Root in the Middle East, Africa and Turkey region. His characterisation of the state of South Africa’s economy – the most mature in sub-Saharan Africa – is frank.

Citing a depressed economy and a “highly unpopular government” headed by controversial President Jacob Zuma, he believes that big businesses are putting down roots in South Africa for the longterm growth opportunities in the region.

Last year the African continent saw gross domestic product (GDP) grow by about 3.4 per cent, a whole percentage point more than the global growth rate.

A safe base for the region

In Mr Cockram’s view, it is not necessarily strong domestic conditions that are catching the eyes of multinational companies, but rather a new business model that favours having a presence in the continent. And the preference, more often than not, is for that presence to be in South Africa.

“Africa is the last frontier. There is a huge amount of opportunity there but people still haven’t been able to get it right,” Mr Cockram says.

“Historically, both corporates and law firms have based their Africa practices, or individuals looking after Africa, in Europe, the UK or even in the US, and that’s just not a model that works.”

Private law firms, in particular, are inclined to accommodate the needs of more senior partners in South Africa, where Mr Cockram says more secure and comfortable provisions can be made for staff. He suggests that this view, however, is relative to the security risk found in other African countries, where companies are inclined to send professionals on a fly-in, fly-out (FIFO) basis only.

Those other countries, such as Kenya and the Ivory Coast, are also where more lucrative business opportunities can be found. For this reason, Mr Cockram says this kind of work is best suited to those with mettle. He added that lawyers with a strong background in compliance are also in high demand.

“Five years ago we were asked to go and find legal counsel who just had regional knowledge. Now we’re being asked to find legal counsel who understand compliance challenges,” Mr Cockram says.

“Looking into the sub-Saharan space, where corruption is rife, you’ve got many challenges. So finding people who understand anti-bribery [compliance], and are robust enough to push back against their business to make sure that people are doing as they’re told, is absolutely key.”

The talent dilemma

While it has become apparent that local knowledge is essential in negotiating the unique market dynamics of the African region, this presents another hurdle for foreign lawyers looking to export their skills to South Africa.

The insular nature of the local workforce, fostered by well-meaning 'employment equity’ policies in post-Apartheid South Africa, makes the job market difficult for foreigners to break into. That is, if they can first meet the onerous requirements for a South African critical skills visa.

“As a first port of call, companies are always going to look for people on the ground, or always going to look at South African nationals,” Mr Cockram says.

To add to the complexity of the situation, an old monopoly over legal work once shared among South Africa’s established law firms has been upset by the entry of international firms like Allen & Overy, Hogan Lovells and DLA Piper.

With more global players entering the market and headhunting South Africa’s senior partners, the country’s legal talent is increasingly being spread thin.

Unexpected opportunities

While the solution for private law firms is unclear, the pro bono and human rights sectors can offer some amazing opportunities to foreign lawyers.

In 2014 Elizabeth Lathlean unexpectedly found herself relocating from Sydney to Grahamstown, after her husband was offered a job in the small town in the Eastern Cape.

Employed as a senior associate for Salvos Legal’s corporate practice in Sydney, the then 26-year-old entered “law Grahamstown” into Google’s search engine. This led to a dream run with South Africa’s oldest public interest law group.

By May of that year, Ms Lathlean was seated in the Grahamstown office of the Legal Resources Centre (LRC), working on litigation matters concerning human rights. One of the major projects she was involved with was South Africa’s first certified opt-in class action, representing 90 schools whose students had no teachers.

“We won, though following noncompliance with the court order we then issued writs of execution and contempt proceedings,” Ms Lathlean says.

Situated about an hour and a half from Port Elizabeth, Ms Lathlean worked with a small team of South African colleagues and a rotating group of international interns.

The team comprised about five legal professionals, backed up bya paralegal and four support staff.

She admits that it was difficult to be recognised as a legal practitioner with foreign qualifications, saying this was overcome with the status of ‘Australian attorney’.

“I worked with the title of ‘Australian attorney’, which meant I wasn’t actually qualified in South Africa. In practice, this meant I wasn’t the attorney on record for any matters but I was basically able to do everything else,” Ms Lathlean says.

“My qualifications were not easily transferable to South Africa, but my skills certainly were. I believe the work ethic within the Australian legal profession makes Australians well valued, and I also found the basic legal skills of drafting, research etc were very well received and valued.”

Now based in Belfast, Ms Lathlean recalls the familiar sight of donkey carts shuttling down the road in Grahamstown and people begging for food along her way to work. Although traveling to South Africa was never high on the young lawyer’s bucket list, after spending more than a year there it has a special meaning for her.

“Water was not always reliable, and at times we had regular ‘loadshedding’: scheduled and often unscheduled power outages, because there literally wasn’t enough electricity for the country,” Ms Lathlean says.

“Africa certainly wasn’t high up my list of priorities to visit for work or for travel. I know it is clichéd, but it changed my life and stole my heart.”

While there are important considerations to be made when upending life at home for the challenge of finding work in South Africa, Ms Lathlean says those wanting to carve out a career in human rights will not regret the experience. Her advice for foreigners contemplating a move to South Africa is to start preparing for just how much you will miss it should you have to leave.

“There is no doubt a need for pro bono work and human rights advocacy in Australia, but the opportunities and the need in South Africa are phenomenal. I saw great need and I saw the power that a small group of people have to change the world. No work I ever do will quite compare to what I experienced at the LRC,” Ms Lathlean says.

“Be prepared to be overwhelmed by the need and be prepared to fall in love with South Africa’s people, its culture and its landscapes. Probably more important than the move there, unless it is a permanent move, is preparing for the reverse culture shock of returning home.”