Biglaw Firm Encourages Associates To Use Preferred Gender Pronouns In Email Signatures

As Biglaw firms across the globe continue their efforts to promote diversity and inclusion among their ranks, some prominent firms are taking it a step further by recognizing that pronouns matter for their transgender, genderqueer, and nonbinary employees.

To that end, tipsters say that Sidley Austin recently offered its firmwide approval and support for associates to add their preferred gender pronouns to their email signature blocks. In fact, the firm recently highlighted this practice in one of its Tech Tip Tuesday emails. Check it out, below:

A source at the firm shared this powerful note with us about the importance of diversity and inclusion at Biglaw firms, even through actions as “small” as supporting the use of preferred gender pronouns in email signatures:

Although I’m not transgender or gender-fluid, I am still incredibly proud of Sidley for being one of the few Biglaw firms that I know of to do this, and I would encourage more firms to take the leap. I know a lot of people don’t necessarily understand why this is important, or think that because they don’t “need” to provide their pronouns they shouldn’t bother adding the pronouns themselves. However, it can be incredibly isolating being the “only” person who needs/wants to self-identify pronouns, so there is power and support in having others do it first/with you. It’s such a small and easy thing that we can all do to be more inclusive and welcoming, and it can make a huge impact on people feeling marginalized or unseen.

This is a remarkably simple move, but one that goes pretty far in normalizing the practice and setting the tone of inclusion. Does your firm support the usage of preferred gender pronouns in email signatures? Please let us know.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Kim Kardashian Reacts To Law School Practice Questions Featuring Kim Kardashian

(Photo by JB Lacroix /WireImage /Getty Images)

Kim Kardashian’s kwest to esquire kontinues!

As many who frequent Above the Law already know, Kim Kardashian wants to be a lawyer. Though she isn’t actually in law school (not having a bachelor’s degree makes that tough), she is studying via apprenticeship to be a lawyer with plans to take the bar exam in 2022.

Of course, because it is Kim, she’s taken to social media to document the process. She shared a criminal law issue spotter that cast Justin Bieber as a criminal mastermind, complained about the fact that law student life sucks, explained that she neglected her Keeping Up With the Kardashians livetweeting duties to keep up with torts homework, and she bailed on summer holiday festivities as she continued with her contracts homework. She even has a favorite law professor — University of Washington contracts professor Steve Calandrillo — who she’s shouted out on Insta.

Up next in Kim’s law school(ish) adventures is studying for the California baby bar. She’ll need to pass that exam if she wants to continue her studies, so it’s a top priority. According to Kim’s Instagram stories, she’s really been buckling down and studying all the time: “When I even have an hour off, I do all the test questions and practice.” What’s made the experience uniquely Kardashian is test questions that are tailored exactly to her.

That’s right, thanks to bar prep company JD Advising, Kim’s been working on sample Multistate Bar Examination (MBE) questions written all about her and her family. Obviously, as she posted on Insta, she loved it, saying, “They gear them towards me and my products — stuff to really help me understand.”

So, do you think you can ace the Kardashian spin on bar prep? Here are a few of the personalized questions you can try your hand at:

Kim spent her Labor Day studying Contract law. She was feeling tired and stressed out so her husband, Kanye, decided to surprise her with a deluxe spa package from her favorite spa. He purchased the spa package for Kim and told the spa Kim would be contacting the spa to set up an appointment at the day and time of her choosing.

On the day that Kim went to the spa for her scheduled appointment, the spa did not have the ingredients for the facial that came in the deluxe spa package.

If Kim sues the spa for breach of contract, will she be successful?

(A) No, because Kanye, not Kim, entered into the contract with the spa.
(B) No, unless Kim could show that she detrimentally relied on the contract.
(C) Yes, if the spa was not able to substitute an ingredient of similar value.
(D) Yes, as an intended third-party beneficiary.

And a crim law question to try:

A woman was driving, distracted by the Kim Kardashian: Hollywood app on her phone. She was so distracted that she inadvertently hit a construction worker. The construction worker was injured and went to the Intensive Care Unit at the local hospital. However, the construction worker survived.

Is the woman guilty of attempted murder in a common law jurisdiction?

(A) Yes, she is guilty of attempted murder in the first degree.
(B) Yes, she is guilty of attempted murder in the second degree.
(C) No, because she did not have the specific intent.
(D) No, because she did not come dangerously close to committing the crime.

And don’t forget about torts:

A man wanted to impress a woman who he knew was a huge Kim Kardashian West fan. The man knew that the woman was especially delighted by the fact that Kanye West had taken Kim to Las Vegas to see Celine Dion on their five-year anniversary. The woman mentioned this to the man.

The man decided to make the woman a Celine Dion playlist. He asked the woman out to lunch. She said yes. He gave her the Celine Dion playlist at the lunch and she was impressed.

When lunch was over, the man kissed the woman. The woman did not realize that the man thought they were on a date. She did not want to be kissed by the man.

Is the man liable for battery?

(A) Yes, because his acts constituted an offensive touching of another.
(B) Yes, because it was not reasonable to believe that going out to lunch constitutes a date.
(C) No, because the woman was not harmed in any way.
(D) No, if the man was reasonable in believing that the woman consented to the kiss.

Check out the answers to these questions — plus a bunch more — over at JD Advising’s website.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

How To Navigate The Shades Of Collaboration Conversations

There are a few conversations that I hear among my colleagues every day. Often, they revolve around a theme of collaboration, with phrases like “we are very collaborative” and “we are looking for a collaborative solution.” Bu these phrases seem to have a different meaning every time.

The word “collaborative” is one of the most overused, vague buzzwords that everyone seems to throw around today just to improve appearances. As long as you add “collaboration” –- to project, technology, process, behavior, or anything else –- it must be a positive development. Just adding that word alone must make it fit the definition of twenty-first-century lawyering, right?!

When it comes to a “collaboration” discussion, I love asking “how” and “why.” This is where your law school skills and, in my case, experiences as a litigator in a past life, come in handy. After all, you can take a woman out of the law, but not the law skills out of the woman.

Here are a few questions to ask yourself when evaluating your own collaboration process.

How: Sequential v. Simultaneous

First, when discussing collaboration, I like to understand whether it is sequential or simultaneous. In other words, do we take turns, or do we work together at the same place and time?

Sequential collaboration systems –- for example, check-in and check-out –- is a form of a ticketing system. It is akin to the ticket you get before waiting in line at the DMV or a sandwich shop and hold onto until your number is called. Such a dated system is not collaborative, at least in the true sense of the word. It is aimed at creating order in an otherwise complex situation.

Simultaneous collaboration is very different. It allows different stakeholders to be at the same place, at the same time, contributing together. Simultaneous collaboration is an opportunity to gain multiple efficiencies because everyone is speaking to each other in real time. These are not available with the sequential, ticketing system.

Who: Within the Legal Organization? With Others in the Company? With Stakeholders Outside of the Company?

Second, who will be collaborating? Is the collaboration limited to employees within your legal department or does it reach the rest of your company? Does it allow outside stakeholders to chime in? Increasingly, we create multi-stakeholder mashups where contributors from inside and outside of your organization contribute to the final product

Relatedly, if you allow collaboration of multi-stakeholders, then it is worth asking on what terms and how deeply. Will everyone participate equally? Will anyone have an approval — and veto — power? Will anyone be allowed to observe and chime in? Importantly, who makes the final decision and under what circumstances? Is there anyone who leads the collaborative process?

Of course, as with any subject, there are no shortage of questions you can ask about “collaboration.” In my experience, focusing on “how” and “why” gets me closer to understanding what collaboration means in a specific context. The bottom line is this — a lot of substance is lost when buzzwords are thrown around. Your training and experiences as a lawyer more than equip you to have a substantive, clear conversation, not a superficial one.


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. Olga founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. Olga also co-founded SunLaw, an organization dedicated to preparing women in-house attorneys to become general counsels and legal leaders, and WISE to help female law firm partners become rainmakers. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can email Olga at olga@olgamack.com or follow her on Twitter @olgavmack. 

Top Biglaw Firm Wows All Employees With New Fertility And Family-Planning Benefits

Here at Above the Law, we know how difficult it can be to have children and successfully return to work, so we make it a habit to applaud the expansion of Biglaw firms’ parental leave programs — especially if they’re gender neutral and applicable to all firm personnel, from staff members to associates. What we rarely have the opportunity to praise are firms that offer health benefits that include fertility treatments and family-planning services — not because these benefits don’t exist, but because they’re not publicized as often as parental leave plans are.

Hearing that you need assistance to conceive a child can be heartbreaking, and paying for the assistance can be financially out of reach, even for Biglaw employees. That’s why benefits covering fertility and family-planning services are viewed as major perks.

Which firm is willing to step up and assist its associates and staff members when it comes to starting families? It’s Weil Gotshal, and firm management says diversity is at the heart of these offerings. The American Lawyer has the details on Weil’s offerings:

Through a partnership with the fertility management firm WINFertility, both non-J.D. professionals and attorneys enrolled in Weil’s health benefits plan can elect to do up to three in vitro fertilization cycles. On average, one IVF cycle costs $10,000 in the U.S.

Additionally, employees are being offered elective egg freezing with one free year of storage, a benefit specifically requested by several firm lawyers.

The firm will also reimburse its attorneys and staff looking to adopt or conceive through surrogacy up to $25,000 per event and offer a slew of adoption and surrogacy specialists. The average U.S. adoption costs around $40,000 and surrogacy, on average, costs between $75,000 to over $100,000.

These benefits, along with other recently announced services, are part of Weil’s plans to compete in the Biglaw benefits arms race to attract and retain diverse employees.

“I think in part this is about attracting diverse talent to make sure that this is the kind of firm that will support them in any way that they want to build their family in the future. It’s also a retention tool to let them know that we support them throughout their lives,” [Meredith] Moore, [Weil’s director of diversity and inclusion,] said.

Kudos to Weil on its new family-friendly suite of benefit offerings. This is something we’ll keep an eye on as firms continue to cater to work-life balance requests from millennial employees and diversity demands from clients. Hopefully your firm is will decide to offer important benefit policies like these soon if it’s not doing so already.

Weil Rolls Out Firmwide Adoption and Fertility Reimbursements [American Lawyer]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Stealth Layoffs And Shortchanging Associates

While reports say law firms are still killing it out there, law firm leaders have already expressed deep concern over the economic outlook. Could firms be staring down another massive recession? Well, if history is any guide, the first harbinger of troubling economic times will be the stealth layoffs — a string of departures chalked up to vague “performance issues” designed to clear the decks while arousing minimal attention.

At this point, we don’t have enough intel from tipsters to confirm what’s going on at this particular firm, but if this blind item sounds like your firm, please let us know with a confidential email to tips@abovethelaw.com. Don’t worry, we’re not going to reveal our sources.

The whispers we’ve heard is that a top global law firm is quietly laying off attorneys in the United States after failing to secure a merger partner last year. If true, this could reflect a botched growth strategy because as recently as a few months ago, the firm was expanding in its U.S. presence.

Beyond the layoffs, one tipster suggests the firm is shortchanging the associates it is keeping on the payroll. According to this report, some attorneys are being docked class years when it comes to pay while still being billed out at their actual seniority. That would just be a naked profit grab. This tipster said some attorneys were being docked as much as two classes. A fifth-year getting knocked back down to a third-year would be a $60K pay cut.

As we said, with only anonymous tips so far, we can’t definitively say that this is a firm policy as opposed to isolated incidents that might have an innocent explanation. But if a major firm is already walking down this road, could an industry-wide rough patch be far behind?


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Picking Experts For Trial

(Image via Getty)

Your bad: Send me a few emails praising my column on trial strategy, and I’m likely to crank out more of those columns.

Like this one.

Here’s a thought on picking experts at trial.

Do not necessarily pick the most qualified person. Pick the expert who will resonate with the jury.

Here’s the story:

The question at trial was the value of a piece of African art.

The other side retained a leading expert in the field. She was the curator of the African art collection at a prominent European museum. She testified in French; a translator gave the English version of her testimony.

(At the start of her direct testimony, plaintiff’s counsel, who spoke fluent French, chatted with her for a while in French: Voulez vous this and parley vous that. The judge finally broke it up: “Okay. We have to conduct proceedings in this court in English.” I get up on cross: “Bonjour, madam.  Bonjour and soup du jour; that’s all my French.” You can go high or go low. I’m a low kind of guy.)

Anyway, we couldn’t find any curators of fancy museums to serve as our expert, so we hired a guy who taught college art and was a regular on the television series “Antiques Roadshow.”

We put our guy in the box.

He started giving his credentials.

He says that he appears on “Antiques Roadshow.”

The judge picks up his gavel, holds it in his hand, and says, “How much is this worth?”

Everyone smiles.

I’m doing my best to restrain myself. This whole trial turns on credibility. The curator says the piece of art is worth a fortune; our guy says that it’s junk.  And the judge just endorsed the credibility of our guy. The judge’s comment may have been a joke, but the judge asked our guy to put a value on something.

That can’t hurt.

The jurors look up.

We hear one of them whisper, “I’ve seen that guy on TV.”

Our guy finishes his testimony.

He hangs around for the last day of trial.

After the verdict, jurors are asking him for his autograph.

Who do you think won the case?

Remember: You may prefer a local expert to a national (or international) one.  An expert from the local state university is often better than an expert from Oxford. You may prefer a person with street cred to a person with academic credentials.

And the person with the most Ph.D.s is not necessarily the best expert witness.


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Morning Docket 02.03.20

* The lawyer for Jeffrey Epstein’s guard accused of slacking off on the night of Epstein’s death had a shouting match with a federal judge over a planned vacation to Italy. Hey, everyone deserves some time off. [New York Post]

* Burger King is facing a new class action lawsuit about the contents of its meatless burgers. [Fox News]

* The District of Columbia is getting a new top federal prosecutor. [Wall Street Journal]

* A new lawsuit against Boeing claims that contaminated air might be present on flights involving many of the company’s planes. [MSN]

* Jeff Bezos is being sued by his girlfriend’s brother. Should make for some interesting family dinners. [New York Times]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

This Scientist From Zimbabwe Is Helping Make African STEM More Visible – The Zimbabwean

NATHASIA MUWANIGWA

“After high school, I moved to Cyprus for a Bachelor’s in science in Human Biology, with the idea that the degree would be a pre-med degree,” she said, “But in my final year, I got to do my own research project at a leukemia research institute – and discovered my love for being in the lab.”

She was then able to study her master’s degree in a highly competitive program in the Netherlands, on a full scholarship.

“The financial support came at the perfect time because the economic situation in Zimbabwe was getting pretty dire and it would have been challenging if my parents had to pay the tuition,” she said, “I battled a lot of impostor syndrome during my Master’s because my colleagues were all incredibly bright and many of them knew the ins and outs of how research in academia work, and I was still rather clueless.”

Now, she is based in Luxembourg, doing a PhD where she studies the molecular mechanisms underlying Parkinson’s disease using human stem cell derived brain organoids (aka “minibrains”).

“A young girl from Zimbabwe should not feel that being a neuroscientist isn’t for her because of where she is from, her gender or her ethnicity.”

Nathasia Muwanigwa, Luxembourg Centre for Systems Biomedicine

Muwanigwa says Africans are one of the least represented on the global STEM (science, technology, engineering and mathematics) landscape, despite making up 16% of the world population.

“Africa needs more youth to be interested in STEM fields, because these fields are crucial to the development of the continent,” she said, “We need people with the expertise to solve problems that are specific and relevant to the region.”

In order to improve the visibility of African researchers, Muwanigwa has helped create the site Visibility STEM Africa (VSA) and the Twitter handle @ViSTEM_Africa.

Muwanigwa says what they are trying to show is that representation and visibility matter.

Nathasia Muwanigwa, from Visibility STEM Africa, at the Luxembourg Centre for Systems Biomedicine.

Nathasia Muwanigwa, from Visibility STEM Africa, at the Luxembourg Centre for Systems Biomedicine.

NATHASIA MUWANIGWA

“In recent years, we have been hearing about the importance of representation in mainstream media, in the fashion and beauty industry –STEM fields are no different,” she said ”We are providing Africans in STEM across many different disciplines a platform where they can network with one another and create new connections.”

Muwanigwa says the initiative will also show new opportunities for collaboration.

“The biggest opportunity I see is the potential for collaborations: In science, it has become increasingly apparent that collaborations are necessary for pushing the needle forward,” she said.

That’s not the only benefit to the initiative.

“Not only do we highlight Africans in STEM fields, we also have an Opportunities page on our website, where we link people to organizations or funding bodies that can help them find scholarships, funding etc,” she said, “We want to be able to empower Africans pursing STEM fields with information that could be useful for them to move forward in their careers.”


There are already thousands of scientists and other STEM workers doing great work across the continent and around the globe.

Just one of these young researchers is Charles Emogor, who has a passion for Pangolins, an endangered, scaly mammal.

His childhood passion for nature, forged while growing up in rural Nigeria, will soon take him back to his home country to study his favorite animal: the pangolin.

There are many locals contributing data to global marine biology as well.

Sea turtles are frequently caught by local fisherman in Ghana and it’s young Ghanaian conservationist Eric Quayson’s job to work with those fisherman to make sure that as many turtles as possible make their way back to sea, after being tagged.

Post published in: Featured

Prized Cattle Are Thinned, Butchered Amid Zimbabwe’s Economic and Climate Crises – The Zimbabwean

ZIMBABWE, BULAWAYO – Cattle have long been a symbol of wealth in Zimbabwe.

But these days, in the chaos of the struggling economy and the increasing impact of climate change, cattle farmers face a difficult choice: sell off their herd or butcher them to sell the meat.

“I am greatly worried about my herd of cattle,” says Nkosilathi Ndlovu, who used to own a herd of 80 cattle in the Matabeleland North province, several hours north of Bulawayo, Zimbabwe’s second-largest city. “I sold five cattle early in the year, and it seems I may be forced to sell more.”

Cattle are highly reliant on crop residues and pasture, both of which have been affected by Zimbabwe’s changing climate, marked by unpredictable rainfall patterns. Rains that should have started in October 2019 have not yet come. And temperatures were hotter in 2019, which meant that pastures quickly dried up.

Ndlovu says his cattle no longer have pastures on which to graze due to the drought.

Zimbabwe’s current beef cattle herd is estimated at more than 5 million head, according to the Beef Value Chain Analysis report published in January 2019 by the French Agricultural Research Centre for International Development known as CIRAD and the Natural Resources Institute of the University of Greenwich. But the average weight of cattle here has declined from an average of 200 kilograms (440 pounds) to 167 kilograms (368 pounds). About 700,000 cattle died during the 2016-17 drought. Similar figures are expected this year.

Destocking, or reducing the number of livestock from a range, can be a way to adapt to climate change, although a functional market should be in place, according to a 2017 Zimbabwe Human Development report.

Farmers like Ndlovu are destocking, selling a portion of their livestock in order to buy supplementary feed to save the rest of their herd.

But with inflation up – by more than 175% earlier in 2019, before the government stopped publishing inflation rates – the price of cattle feed is skyrocketing too.

In June, Ndlovu says he paid 800 Zimbabwean dollars (ZWL) ($66) for feed. By November, the price was more than 2,000 ZWL ($167), a more than 150% increase.

“Prices are spiralling out of control. Supplementary feed goes up regularly,” Ndlovu says, adding that the country’s years-long cash shortage only makes matters worse.

Across Bulawayo, ingredients for cattle feed have become increasingly expensive at the city’s four feed companies, which now focus more on poultry feed.

“Destocking has proved painful for most farmers,” says Winston Babbage, a representative of the Zimbabwe Commercial Farmers’ Union. “However, it also means once you destock, you can buy supplementary feed for the young beasts and then get a good price for them when they are healthy.”

For those who choose to slaughter their cattle, there is a more immediate cash reward as beef prices also are on the rise. One kilogram (2 pounds) of beef now ranges between 100 ZWL ($8) and 200 ZWL ($17).

“Beef has become a luxury as it is currently the most expensive meat compared to chicken,” says Ruth Shoko, an East Queens Park resident.

Destocking also has social implications here, where cattle play a central role in social, traditional and religious life. Most bride prices still are paid using cattle. And cattle are traditionally slaughtered for the birth of a first child.

“This situation is more of a double tragedy,” says Nomalizwe Ngulube, a cattle owner in Matabeleland South province.

Methuseli Mdluli, a cattle owner with a herd of about 200, agrees: “Cattle have always been and still are a symbol of wealth and social power in our cultures. It is difficult for me to sell my cattle simply because I am being forced by circumstances.”

Still, cattle farmers may need to consider even more dramatic solutions, says Justice Zvaita, a Bulawayo representative for the Zimbabwe Climate Change Coalition. The coalition encourages farmers to breed small livestock, such as goats and free-range chickens, which are more adaptable to harsh conditions.

Fortune Moyo GPJ, translated some of the interviews from IsiNdebele.

Sugar scandals in Zimbabwe’s lowveld – The Zimbabwean

While visiting our research sites in Mkwasine and Hippo Valley in Zimbabwe’s lowveld recently, there was only one topic of conversation among sugar farmers we have been working with in land reform areas: the scandal that has overwhelmed the South African sugar firm, Tongaat Hullett.

A forensic audit by Price Waterhouse Cooper (PwC) uncovered massive accounting irregularities and the report named most of the top brass of the company, including the top team in Zimbabwe. What’s more, the accounting audit identified land acquired for land reform as an asset that shouldn’t be on the books, immediately wiping billions of Rand off the company’s value.

This episode has sent shock-waves through South Africa’s corporate sector. The company was delisted from the Johannesburg stock exchange, all those implicated have been removed from their posts, and there are potentially criminal charges pending. Not surprisingly, big questions are being asked about the companies that previously audited Tongaat’s accounts.

Sugar deals: alliances between state and capital

Tongaat Hullett is the owner of Triangle estates and mill and the major stakeholder in Hippo Valley, having bought out Anglo-American’s shares. A total of 640,000 tonnes of sugar can be produced per year from two mills. Since the late 1950s, this has been a strategic contribution to the national economy. Ever since the sugar industry was first established in the lowveld with 100 hectares planted by Murray McDougall in 1937, the companies involved – first MacDougall’s Triangle company, then the Hullett company from 1957 then conglomerate, Tongaat Hullett, later – have been a central part of the lowveld political economy. In the estate museum there are pictures of company executives and colonial governors, prime ministers or presidents from the early colonial era to the present. The state indeed invested substantially in the sugar industry – building dams, creating canals, levelling fields and offering land. The state and sugar capital have always been intimately intertwined in Zimbabwe (see the brief history in our open-access JSAS paper).

This was certainly the case during land reform when deals were struck to protect the core estates from land invasions. Concessions were offered and the white and Mauritian outgrowers were expelled in favour of new A2 farmers, but the main business was protected. By all accounts this was agreed at the highest political level. Since then the company has been cajoled into make further concessions, releasing cane land for those local invaders who felt that they had lost out in the early 2000s, and again recently a major new initiative has been started, opening up new land for outgrower cane, and the settlement of more people.

When we started our work in the sugar growing areas in the early 2000s, soon after land reform, the company executives were dismissive of the resettled farmers. How could they possibly grow cane at the level and quality that the estate does? As our work has shown, they have been surprised. Yield levels are comparable to the estate and the outgrower sector is delivering a significant proportion of the cane. With risk transferred to outgrowers and the company acting as a monopoly buyer, this has worked out well for the estate.

But farmers and the company have not always got along well. The company has monopoly market power and sets the terms (even if these are quite good by regional standards), and the exposure of the level of dodgy accounting by PwC has only acted to enrage farmers. For them, this proves that they are being ripped off, and that the company fat cats are benefiting, while they suffer. Growing sugar is hard, and made harder, especially for those in Mkwasine area operating outside the estate, as water and electricity supply is challenging, given the decline in infrastructure. For them, not only the company, but the state – always seen to be in cahoots – are to blame for their plight.

Plantation life and empire economics

Sugar plantations have always been central to the economics of empire. Linked in some parts of the world to slavery, land expropriation and exploitation, sugar, global capital and colonial states are intimately entwined, as Sydney Mintz has so eloquently written about in Sweetness and Power. Yet plantations also have connotations of modernity and progress, creating order and wealth in marginal areas, and with this gainful employment and an export commodity that boosts national economies.

Being in the lowveld sugar areas you can feel this. The emerald green sugar cane is laid out in neat blocks, and the busy efficiency of the tractors, haulage trucks and mills give a sense of unified purpose. The massive engineering works that have gone into ensuring continuous supplies of water to this otherwise dry land are witness to state commitment, with canals criss-crossing the landscape, and the area dotted with sluices, check-dams and ponds. Meanwhile, the country clubs, the golf courses, the manicured village greens, the cricket creases, the football teams and the schools named after sugar heroes of the lowveld, present a sense of another world, beyond the mayhem of contemporary Zimbabwe. The massive Tongaat billboards on the roads welcome you to an almost sovereign space, beyond the nation, with its own rules and security forces.

Plantation life is often a separate existence, where you are provided for; as long as you commit to the deal with the company you can be housed, educated, medically cared for and provided with a job. The remuneration may be poor and conditions bad, but there is not much else among the dry baobabs of the lowveld.

The outgrowers, begrudging and forever complaining, have by-and-large accepted this incorporation into this company world. Many have done well from sugar, faring considerably better than their counterparts on other A2 farms, and with better deals than other sugar producers in the region (see our JSAS special issue on the political economy of sugar in southern Africa). Learning the ways of sugar, and its seasonal cycles, has taken some doing, and many have diversified to avoid total reliance on one commodity, but our data show significant levels of income from most. And this is much more than the pathetically remunerated government jobs that many retired from.

Yet the accounting scandal has upset this accommodation. People are angry at being ripped off. And dodgy accounting is resurfacing resentments around land politics. Noone is very clear about who actually owns the land that sugar wealth is built on. For land reform areas it is clearly state land as it was expropriated, but the estate as whole does not have clear land titles. It was always an accepted arrangement that the estate provided a strategic industry, valued and supported by the state, and lowveld land was cheap and plentiful. But forensic accounting doesn’t take account of vague agreements struck in the early twentieth century, and the deregistering of land reform land may have opened up a larger can of worms, as land rights and control in the lowveld sugar areas are renegotiated.

Sugar and power

What this episode once again exposes is that sugar and power are intimately linked. The state and sugar capital have worked together across regimes in Zimbabwe, incorporating outgrowers – white, Mauritian and more recently black – in this bigger project. The order of the estate, with its facilities and regimented control – meant that a colonial style status quo could be preserved long into Independence, no matter how loudly outgrower farmers shouted or local politicians agitated.

When updating investors in December, Tongaat Hullett tried to put a brave face on the scandal, suggesting that they’d turned a corner, everything had been rectified, and that all would be OK. There is a prospect that the company will be listed again on the Joburg exchange today. But, in the last months, the accounting scandal has changed the game in Zimbabwe. When dubious corporate accounting and colonial land politics get mixed up, things get messy. With Tongaat bosses allegedly fiddling the books to get bigger bonuses, the fragility of the long-running arrangement between state, capital, outgrowers and local populations has been seriously tested. Farmers are more vocal about their rights and demand a greater share from the company. And estate land, and perhaps other assets, are now being contested in ways that they haven’t been since MacDougall’s planting of the first sugar in 1937. An accounting scandal has created a whole new politics in the lowveld, which is likely to run and run.

This post was written by Ian Scoones and first appeared on Zimbabweland

Post published in: Agriculture