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ENS Alexandra Law Clinic Pro law for all Issue 6 May 2009 Making a difference As a public benefit organisation we do not charge for our services. The more than 180 new files which we have opened this year and have found lawyers for or are in the process of doing so, represent people who will now enjoy justice. There are also the more than 60 HIV+ people and the more than 80 refugees who have been assisted since the beginning of 2009. And Donations by let us not forget the more than 200 Hospice the private legal patients who have received wills education. Our free services have made a difference in all profession of their lives. For legal professionals – both advocates and orporate social investment is an important attorneys – we manage a growing number transformative tool for many law firms. There is of pro bono opportunities. This assists them C a growing understanding that it makes good business to maximise their pro bono legal hours by sense to link the corporate social investment applying it to the kinds of matters or work that of a company to its core business. It is for this is in line with their expertise and/or interest. reason that some large law firms are directing Our current pro bono opportunities are: their corporate social investment spend towards Refugee Legal Clinic, Refugee Bail Application increasing and enhancing access to justice and the Project, HIV/Aids Legal Clinic, Hospice Wills adherence to constitutional values and the rule of Project, Screening Project, Family Mediation law. Forum, Small Estates Forum, Family Law Forum, and the Clearing House. In 2008 Bell Dewar, Bowman Gilfillan Attorneys, Deneys Reitz, Cliffe Dekker Hofmeyr Inc, Webber Law firms, international agencies, as well Wentzel and Werksmans Attorneys, each made private institutions recognise the value a substantial donation to ProBono.Org. The of ProBono.Org, and have supported us Johannesburg Bar Council also made a significant financially to maintain our small staff and basic donation. To date in 2009, Deneys Reitz, Cliffe infrastructure. The Atlantic Philanthropies, a Dekker Hofmeyr Inc, Webber Wentzel and philanthropic organisation, is our founding and Werksmans Attorneys have all equalled their primary funder. In this Newsletter we highlight donations. Dewey LeBoeuf and Routledge Modise the supportive role of a number of law firms incorporating Eversheds have joined the list of law and the Johannesburg Bar Council, the UN firms financially supporting our efforts to match High Commissioner for Refugees and the people in legal need with the appropriate legal skills. Andrew Roberts Memorial Fund. page 1 Funding from the UNHCR Recognising that the Refugee Legal Clinic managed by ProBono. Org serves vulnerable individuals and families who are often mistaken for “illegals” because people have no idea of the conditions which they have fled from in their countries of origin, the United Nations High Commissioner for Refugees (UNHCR) made a crucial grant to support our work in this area. With the grant Mary and Andrew from the UNHCR we are able to devote more of our time to advertising the services of the the introduction of pre-stressed concrete to South Refugee Legal Clinic, manage an extended Africa. He served as the President of the Institute of roster, undertake research and arrange Civil Engineers, which he helped form, and received an seminars to equip attorneys volunteering in Honorary Degree in Engineering from Wits in 1972. He this area of work died in 1982. The UNHCR established in 1950, is mandated Mary was a devoted doctor and a committed social activist. to lead and co-ordinate international action to protect refugees and resolve refugee problems Educated at UCT and Edinburgh, she worked in Kenya worldwide. Its primary purpose is to safeguard and Australia, for a time as a flying Doctor to the outback, before returning to South Africa to fulfill her the rights and well being of refugees. life-long passion to work as a community doctor. She worked for many years in the day hospitals in the Cape townships, at the UCT family planning unit, and Financial Support from at Groote Schuur Hospital Outpatients. She became very involved in the Eastern Cape the Andrew Roberts and Ciskei, after working at St Matthews Mission hospital in Keiskammahoek, and published a book Memorial Fund “Their Doctor Speaks” written by her close friend and colleague, Dr Trudy Thomas. She started and he Andrew Roberts Memorial Fund is a ran “ Friends of the Ciskei” and formed the Sebenza Tfamily charity started by Dr. Mary Ellis Saamwerk Committee with Steve Biko and Mamphele (formerly Wheeldon nee Roberts) in honour Ramphele. of her father, Dr. Andrew Roberts. Social justice is the broad aim of the Andrew Roberts She worked with squatter communities in the Western Memorial Fund and for this reason it has made Cape, particularly in Crossroads, where she helped a very generous grant of over R400,000.00 to to set up the Philani Nutrition Centre, with Dr Ingrid ProBono.Org in order to expand our family law Le Roux, and was known as the caring doctor to call screening and matching capacity. when the townships were on fire and few would risk entering. A big man, with a big laugh and an even bigger heart, Andrew Roberts was one of Mary was a Quaker and very active in its service, South Africa’s civil engineering pioneers and a including the Quaker ambulance which provided leader in the development of the South African medical attention to township activists and victims of construction and engineering industry. police brutality. She was a strong member of the Black Sash. Andrew joined the Roberts Construction Company shortly after it was founded by his Mary was a pilgrim soul. She was warm, brave, brother Douglas in 1934 and is still remembered generous, with great energy and enthusiasm for life. as “the father of innovation” in Murray and Gentle, kind and modest. She died on 4 May 2008. Roberts, as it has now become. Amongst many Her husband, George Ellis, her two children, Miriam achievements he developed the concrete mine and Andrew and her close friend, Cheryl Barratt, headgear which made efficient deep-level are trustees of the Fund that she so generously mining possible, introduced new procedures bequeathed to do what she and her father, Andrew, for lining and equipping mine-shafts and led always did: make a difference. page 2 Success stories in the Courts INVITATION Mrs M.’s ex husband applied to the Johannesburg free talk... Maintenance Court to have a maintenance order that had been made against him rescinded. Advocate ou are warmly invited to attend a topical talk Mohamed Hosanee represented Mrs M pro bono at on the emerging practice of separate Y court. The outcome was that Mr M abandoned the legal representation for children. The talk rescission application and the existing maintenance is of great relevance to practitioners as the order was confirmed. Adv Hosanee also ensured that Children’s Act provides for children to represent themselves in court proceedings, and Ann the maintenance order be enforced by means of an Skelton and Carina Du Toit will look at the emolument order. practical implications of this provision. The talk is hosted by ProBono.Org’s Family Law Mr C / The Engineering Company Department in co-operation with the Centre During his interview for the position of assistant crane for Child Law at the University of Pretoria. The technician, Mr C informed The Company that he had Centre for Child Law undertakes public interest severe head injuries as a result of an assault and that litigation in a wide range of child law matters in he would need time off for a cranium operation. The the superior courts. Constitutional Court cases Company hired him. that the Centre has been involved in include the rights of children of primary care-givers facing One day when a bolt from an overhead crane fell on imprisonment, the proper procedures for inter- him, he experienced a seizure, became unconscious and country adoption, the privacy rights of children was hospitalised. He was then charged with allegedly in divorce proceedings, the protection of child failing to inform The Company of his pre-existing victims and witnesses and a challenge to the medical condition. One Mrs M from the Department of constitutionality of minimum sentences for 16 Labour both advised The Company on how to deal with and 17 year olds. the matter as well as chaired the hearing, after which It takes place at Edward Nathan Sonnenbergs in Mr C was dismissed. Ndumiso P Voyi Attorneys assisted Sandton from 16h00 to 18h00 on Thursday, him with an arbitration hearing at the Metal and 11 June 2009. Kindly email Erica Emdon on Engineering Industries Bargaining Council on whether [email protected] if you would like to the dismissal was unfair. The Bargaining Council made attend this free talk. two findings. Firstly, that where incapacity is based on ill health the employer is required to enquire into the medical condition of the employee which The Company had manifestly failed to do. Secondly, that the hearing Are we magicians chaired by Mrs M was procedurally and substantively unfair. Mr C was awarded five months’ pay, totaling or lawyers? R22,575.00. Sometimes we are asked to make strange and bizarre interventions on behalf of our clients. Arbitrary arrests of Refugees Take the case of Mrs M, who requested us to secretly amend her husband’s will so that her uring May 2009 Odette Geldenhuys and Sharon children could be included. With Mrs M’s knowledge DPillay from ProBono.Org discussed with Jason her husband, Mr M, had a mistress during the Brickhill from the Legal Resources Centre (LRC) and subsistence of the marriage.
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