We’re Out There!

ANNUAL REPORT Contents ANNUAL REPORT 2015 We’re Out There!

Letter from Chair of the Board 5 Contents National Director’s Report 7 Office Overview 9 Pretoria Office Overview 11 Pro Bono Awards Ceremony 2015 13 Special Projects 17 • One Child a Year Campaign • Housing Project • Family Law Project & Pretoria Office 25 Durban Office 27 Directors 2015 29 Financials 2015 31 Donors 35

Photographs by: Michele Dean - Limeblue Design Layout and design by: Limeblue Design “Our model allows us to continue expanding by attracting increasing numbers of legal practitioners who seek to undertake pro bono work.”

Advocate Andy Bester

4 ProBono.Org Annual Report | 2015 Letter from the Chair

ur theme for the year under encouraged to undertake pro bono under review we have also had to say review, “We’re Out There”, work willingly and with enthusiasm, goodbye to three further members Oemphasises ProBono.Org’s committing themselves to make their of our board. Claire Tucker, a former expanding reach. Not only did we skills available to the most vulnerable chairperson, and Harold Jacobs increase our physical footprint (see members of our society. have both served on the board since the national director’s report), but we ProBono.Org’s inception. Zeenat, ProBono.Org views it as important to also significantly increased the number Claire, Harold and Candice Pillay have celebrate dedication and perseverance of clients who were assisted. With a unselfishly given many dedicated by lawyers committed to providing record number of more than 11 000 hours for the good of the organisation. free legal assistance. The second Pro files opened, we enabled access to We thank them. Bono Awards Ceremony was held in free legal services not only to those September 2015. The keynote speaker, I will be remiss if I do not expressly individuals but also their families. advocate Thuli Madonsela, reminded acknowledge the superb work and We were able to do this through the us of the importance of making access dedicated efforts of Erica Emdon, our participation of over 300 attorneys’ to justice real for ordinary people. national director, and her teams in firms and the participation of three Attorneys, advocates and law students Johannesburg, Durban and Pretoria, societies of advocates. This means at law clinics were publicly applauded without whom nothing would get that ProBono.Org has access to for their contribution to social justice. done. Day in and day out these several thousand legal practitioners. May the competition get tougher! individuals make a difference far The involvement of the legal beyond the immediate task at hand. Our donor support is pivotal to our profession has enabled us to create continued sustainability and growth. We hope that our work will continue to a sustainable model of legal service We have been fortunate to receive on- be “out there”, both assisting people provision for impoverished members going support from a number of key to gain access to legal services and of our community. Our model donors. We view this as an indication assisting legal professionals to play allows us to continue expanding by of their belief in our goals and their their part in promoting the ideals of our attracting increasing numbers of legal confidence in our work. We thank all Constitution and the rule of law. practitioners who seek to undertake our donors and look forward to their pro bono work. We have created continued support. Adv Andy Bester various opportunities for lawyers to Johannesburg Bar Council become involved and are assisted Our board of directors devote a great by the professional rules of both deal of their time to promoting the attorneys and advocates requiring goals of the organisation and providing that practitioners undertake pro bono support and guidance. Zeenat Dasoo work. While we have achieved much, left us in late 2014 but we were shortly we still have a long way to go. More thereafter joined by Jacquie Cassette. attorneys and advocates need to be Since the end of the financial year

ProBono.Org Annual Report | 2015 5 “Being “out there” is of significance because the people who come through to our offices, legal clinics and workshops frequently have very few resources.”

Erica Emdon

6 ProBono.Org Annual Report | 2015 National Director’s Report

s 2016 advances with increasing a general legal help desk in Thokoza, Germiston and Palm Ridge speed, I look back over the past held community workshops on various Magistrates’ Courts, at the South Ayears and believe that our theme aspects of the law in Katlehong and Gauteng and North Gauteng High for this year, “We’re Out There” is most Vosloorus and recruited law firms from Courts, at the Durban Labour Court, at appropriate. I have been at ProBono. Germiston, Edenvale and Bedfordview. the Umlazi, Ntuzuma and Chatsworth Org since we opened our doors on 1 The Germiston legal help desk was Magistrates’ Courts, at FAMSA in October 2006, almost ten years ago, set up in that year too, followed by Soweto and NISSA in Lenasia, to name and watched our footprint extend. a legal help desk at the Palm Ridge but a few. When we started out we were located Magistrate’s Court. Why is our being “out there” of in a tiny office at Schreiner Chambers By September 2012 our two offices significance? in downtown Johannesburg and were a were facilitating the delivery of pro little-known NGO. Because the people who come bono legal services in Johannesburg, through to our offices, legal clinics and In 2009, we ventured out into the Durban, Pietermaritzburg, Three workshops frequently have very few wider world, moving our office to Rivers, Vereeniging, Vanderbijlpark, resources. For them, travel costs could the Constitution Hill precinct and Rustenburg, Silverton (Pretoria), easily prohibit them from taking a step although our work was still confined Orkney, Klerksdorp, Stella, Mmabatho, towards getting legal assistance and to Johannesburg, our thoughts and Mahikeng, Orange Farm, Polokwane, from enjoying the constitutional promise plans were beginning to take us further Schweizer Reineke, Vryburg, Brits, made to them twenty years ago. afield. Makhado (former Louis Trichardt), Musina, Northam, Tzaneen and In 2010 things changed. We opened Erica Emdon Thohoyandou, among many other our Durban office, bravely stepping out towns. In addition, ProBono.Org into the province of KwaZulu-Natal. We concluded an agreement with the Cape initiated the community advice office Law Society extending our area of support project in North West, Limpopo operation to the Cape provinces. and outlying areas of Gauteng, aimed at recruiting law firms from small We have continued to get “out there.” towns; and we set up our maintenance In 2015 we opened a third office – this help desk project at four magistrates’ time in Pretoria - enabling us to serve courts. These courts, at Vanderbijlpark, people as far afield as Mabopane, Vereeniging, Roodepoort and Alberton Soshanguve and Atteridgeville. were locations where women could By the end of 2015 we were holding obtain pro bono legal assistance close regular legal clinics at the Master’s to their homes. Offices in Pretoria, Durban and It did not stop there. In 2012 we started Johannesburg, at the Randburg,

ProBono.Org Annual Report | 2015 7 “greenABLE assists the previously unemployed with physical disabilities by training them to become work-ready.”

8 ProBono.Org Annual Report | 2015 Durban Office Overview

n every environment, it is faced by the deaf sector, especially series of 66 seminars on various important to keep persevering and deaf women. In addition, members topics in the legal field by accessing Iprogressing. The NGO world, and of the deaf community needed to be the services of pro bono attorneys. ProBono.Org Durban, is no different. educated about their basic rights. This provided the beneficiaries with We constantly seek to ensure that We were happy to assist with this invaluable knowledge, which would we promote and protect the rights of project and in fact went a step further have cost them hundreds of thousands those who are less fortunate, those in setting up a monthly general advice of rands to access without our who are vulnerable and cannot access help desk specifically for the deaf assistance. We are due to commence legal services without our assistance community. From May to November, with these seminars for a new group of and those who are simply unaware of we saw 53 clients at this help desk. their beneficiaries shortly. their rights. While this may not seem like a large During 2015, we therefore widened Many of the people who fit into all number in comparison with other our outreach to a whole new level. three of these categories are disabled. help desks, we should bear in mind The number of community seminars Disabled members of the community that these vulnerable members of the and workshops increased from generally face a double-edged sword; community would not otherwise have approximately 15 in 2014 to a total of being both financially challenged as had access to legal assistance. That 102 in 2015! This definitely shows that well as being, on the whole, unable to makes these numbers very significant. “We’re out there!” We also ran six successful seminars access their rights because of their Shamika Dwarika disability. For example, a deaf person at their offices in Berea, Durban. This Durban Director not only cannot access learning project continues to run in 2016. material the way an average person In addition to this, we began a can, he or she struggles to access partnership with an organisation material at all. The deaf community called greenABLE, an NGO in Pinetown finds most public awareness that assists physically disabled campaigns largely inaccessible due to beneficiaries. This organisation assists communication barriers. unemployed people with physical In March 2015, the KZN Deaf disabilities by training them to become Association approached us with a work-ready. Part of their training is to request for assistance to conduct dismantle used printer cartridges and seminars for the deaf community with recycle them, preventing them from the aim of preventing deaf clients from ending up on a landfill. We worked becoming victims of crime. This was with greenABLE throughout the year in light of the number of deaf clients to educate their beneficiaries on who have required the services of their rights in terms of the law. From an attorney and the vulnerabilities February to June, we ran an incredible

ProBono.Org Annual Report | 2015 9 “Every day up to 40 people sit in the small waiting room at our office... ” Neo Chokoe

Neo Chokoe

10 ProBono.Org Annual Report | 2015 Pretoria office

s an increasing amount of support from lawyers in Pretoria and referrals of pro bono work come surrounding areas, and we now have Afrom Tshwane and surrounding 30 firms of attorneys on our panel areas, it made sense to open an office providing free legal services to our to service these regions. clients.

The Pretoria office at the Kutlwanong In support of the 16 Days of Activism Democracy Centre in Visagie Street for No Violence against Women and was officially launched on 6 May 2015 Children, we held a domestic violence as a joint venture with the Law Society legal clinic at the Pretoria Magistrate’s of the Northern Provinces (LSNP). Court on 26 November 2015 and this We manage a shared office with staff clinic continues to run as a result of the seconded from the LSNP and an high level of demand. attorney employed by ProBono.Org We have provided support to with the aim of recruiting pro bono community advice offices in the area of attorneys willing to assist clients in the Limpopo and Mabopane by ensuring greater Tshwane area and as far north that lawyers assist with training as the Limpopo province. paralegals and communities. The In his keynote address at the launch, ProBono.Org office functions as a social the Honourable Justice Jody Kollapen justice hub for most of the community emphasised the importance of the advice offices in areas north of Pretoria private legal profession in society and we will see the office expanding its and discussed the role of the law in reach further to North West in 2016. ’s context of poverty and Every day up to 40 people sit in our unemployment. “For the law to be small waiting room, bringing a range of meaningful, people need to know the problems from deceased estate issues law and have access to the law,” and unfair dismissals, to housing and he said. maintenance matters. We hope our We launched help desks on 27 July 2015 endeavours at this office will go some at the North Gauteng High Court and way to ameliorating their plight. the Master’s Office, Pretoria, where members of the public receive free Neo Chokoe legal assistance from qualified pro Pretoria Manager bono attorneys and advocates. This project has received considerable

ProBono.Org Annual Report | 2015 11 ““As you already know, through lifting others we lift ourselves… Just for doing the work you are doing advancing social justice by lifting others, you too are winners… ”

Photograph: Yolanda van der Stoep

12 ProBono.Org Annual Report | 2015 Second Pro Bono Awards Ceremony held at Constitution Hill

his year’s ceremony shifted I hope you will agree with me that the basis of the awards the essence of access to justice is the Tfrom measuring pro bono opportunity for a victim of injustice hours to focusing on the impact of or person involved in a dispute to the nominees’ cases, in addition readily access a forum that can listen to extending the categories by to his or her grievance and/or resolve recognising the contribution of legal their dispute in a fair and expeditious NGOs, students at university law clinics manner that leads to redress where and attorneys protecting the rights deserved. of children. We were honoured to It’s not enough that the system is fair; have the Public Protector as our guest it must be manifest or experienced as speaker. Her words of inspiration and fair. This is another entry point for pro support need to be remembered and bono legal services. Free legal advice quoted. can and has over the years assisted “As you already know, through lifting by enhancing the right to understand others we lift ourselves… Just for doing and to be understood. In this regard, the work you are doing advancing ensuring legal empowerment of social justice by lifting others you too the poor transcends legal advice/ are winners… representation and includes legal education. Legal education also has Your role as providers of free legal the added dimension of preventing or advice and representation to those reducing infringement. who cannot afford can never be overestimated. Access to justice, Knowing the law and related regulatory incorporating access to legal advice frameworks empowers all to and or representation, is one of the participate meaningfully in democracy, essentials of the rule of law. development and other societal processes. It further fosters respect for Our forward thinking Constitution the rule of law.” promises everyone “the right to have their dispute resolved by the 2nd ANNUAL application of law decided in a fair public hearing before a court or, where PRO BONO appropriate, another independent and AWARDS CEREMONY impartial tribunal or forum”. (Section 34) 2015

ProBono.Org Annual Report | 2015 13 Photograph: Yolanda van der Stoep

14 ProBono.Org Annual Report | 2015 The award finalists and winners were:

Most Impactful case Student at a university law clinic Erica Emdon, the National Director gave four special awards: – Emolument Danelle Prinsloo – Pretoria University Attachment Orders case (winner) Law Clinic (winner) Albert Makwela – community advice office work work in Limpopo Norton Rose Fulbright – Transkei land Mxolisi Ngubane – Wits University Law claim case (finalist) Clinic (finalist) Norman Moabi – work with Funanani Centre law project, Tshwane Cliffe Dekker Hofmeyr – Access to Kyle Lupke – KZN University Law Clinic information: National Key Points (finalist) Lesley Maman – work with the ProBono. (finalist) Org Master’s Office help desks in Human Rights Champion Johannesburg and Pretoria Individual Attorney Southern Africa Litigation Centre – 4 Peter Jordi – Wits Law Clinic torture Moray Hathorn, Webber Wentzel – 16 cases in 2014, including Zimbabwean cases against the SAPS years of pro bono work (winner) torture case (winner)

Egon Oswald – St Albans prison torture Centre for Environmental Rights – Vaal case (finalist) area environmental degradation access to information case (finalist) Sushila Dhever, Fasken Martineau – setting up domestic violence legal clinics Rural Women’s Action Research in Soweto and Lenasia (finalist) Programme (RWAR) – opposing the Traditional Courts Bill (finalist) Children’s Rights Defender Advocate award Hogan Lovells – Teddy Bear Clinic project: court preparation training This was won by Steven Budlender for (winner) his work with Corruption Watch and others Webber Wentzel Pro Bono Practice Group – law reform in relation to children with mental illness (finalist)

Bowman Gilfillan – work with ProBono. Org’s One Child a Year Campaign (finalist)

ProBono.Org Annual Report | 2015 15 “These services form the backdrop for the realisation of important constitutional rights for the children we assist.”

16 ProBono.Org Annual Report | 2015 Special Projects

Our projects are not isolated areas of work, or cases grouped together – they are registered, facilitating transfers are instruments or tools implemented or shaped by our internal processes and to other care facilities, engaging with strategies to effect change on a larger scale. We play a much more significant role stakeholders, forming networks to than simply securing legal representation for clients. The various trends or logjams advocate for specific issues affecting we have encountered in our work have given rise to a number of special projects. children and making submissions Some of these are outlined here. or comments to various state departments on important issues affecting children. These services form the backdrop for the realisation of important constitutional rights for the complement the statutory provisions of One-Child-a-Year children we assist. the Constitution and the Children’s Act. Campaign The fulfilment of the state’s mandate This campaign realises the following The One-Child-a-Year-Campaign is to protect children in terms of its own rights: legal framework is sadly lacking. in its second year but continues to • The right to a name and a develop and expand. The project seeks It is within this context that the nature nationality from birth; to secure legal representation for of the work in this project has become • The right to appropriate alternative children in need. vital, ever increasing and multifaceted. care (when removed from the South Africa’s high rate of It has also positioned ProBono.Org family unit); to effect real systemic change, as unemployment, economic inequality, • The right to basic shelter, health the envisioned monitoring role our violence, lack of infrastructure, crime and social services; and fragmentation have increased the offices foresaw for our attorneys • The right to basic education; number of vulnerable children. Despite and advocates when implementing • Access to justice; and the excellent legislative framework this project in 2014 has proven vastly aimed at protecting children, the insufficient. This is largely due to the • The right to be protected from real lived experience of the child inherent structural gaps in the child neglect, violence and abuse. is frequently not protected by this welfare, education, health-care, civil, child protection and justice systems. The realisation of these rights ensues legislation. There are huge numbers of from ProBono.Org’s supportive and children in need of care and protection In 2015, ProBono.Org and its attorneys assistive role with child protection within communities across South Africa and advocates expanded the legal organisations like the Johannesburg and, at the same time, few resources support offered to children because Child Advocacy Forum (JCAF) and are given to them to enable access of these gaps. Our legal support now Impilo Child Protection and Adoption to the most basic services such as also includes supplementary services Services (which role was strengthened education, health, access to grants such as monitoring child placements during 2015). The very nature of the and identity documents that need to at various facilities, ensuring facilities work and the gaps in the criminal,

ProBono.Org Annual Report | 2015 17 Special Projects and Partnerships

“A fundamental right that a child should have is the right to a name and a nationality from birth.”

18 ProBono.Org Annual Report | 2015 Special Projects and Partnerships

healthcare and civil protection systems Despite the large groups of health, dignity, education, safety and allow for these ancillary rights to be undocumented children in our country, justice. tackled. there is presently no legislative We are most grateful to all the provision or practical solution for this A fundamental right that a child should practitioners who have taken on cases dilemma. There is a huge gap within have is the right to a name and a in this project during 2015. our legal and childcare systems, nationality from birth. One cannot leaving these children completely access any other rights without Annelie du Plessis exposed. accessing this right from the outset. ProBono.Org deals with a large number Despite this oversight, ProBono.Org of children who do not have birth and other organisations like Lawyers certificates or identity documents, for Human Rights and JCAF have come many of whom have been removed together to strategise and implement and placed in the child care system a cohesive plan of action to address due to neglectful or abusive parents or this concern. During 2015, various caregivers. This leaves them especially meetings were held to conceptualise defenceless and susceptible to abuse a way forward and ProBono.Org and neglect. intends to facilitate a national forum to advocate for the implementation of a Although the Children’s Act provides departmental strategy to address this for undocumented foreign children gap on a much larger scale. to be processed (but not issued with CAMPAIGNCAMPAIGN South African birth certificates); and Since 2014, ProBono.Org has signed up the Refugee Act allows for asylum about 15 attorneys and advocates for applications to be made on behalf of the project and has represented about refugee children, ProBono.Org sees 61 children in more than 50 cases. many children not having either of Some of the cases ProBono.Org dealt these options available to them. These with last year involve child protection children remain undocumented, leaving organisations, NPOs and community them exceptionally helpless, without based organisations that serve any recourse and in serious need of hundreds of children in need, impacting care and protection. In many cases, on a much larger scale. the parents or caregivers are unable, Ultimately, ProBono.Org’s goal is for a variety of reasons, to pursue to sign up as many attorneys and legal remedies or even approach legal advocates as necessary to realise service providers. our children’s constitutional rights to

ProBono.Org Annual Report | 2015 19 Special Projects and Partnerships

“Our approach has been to educate our clients on their rights in regard to these houses, understanding our law on property transfers, building standards, how to deal with fraudulent housing transactions and which departments and administrations they should deal with.”

20 ProBono.Org Annual Report | 2015 Special Projects and Partnerships

Housing member to gain title over the property. brothers were given copies of the This was the case with the four M documents which detailed the manner In our housing cases we have brothers. The M family lived in Thokoza and dates on which the title was issued found various housing departments from 1971. The father died in 1989 and to the deceased brother. uncooperative and disinterested in the mother died in 1991. At the time of The main problem in such matters is engaging with us in regard to our their mother’s death one brother had that the surviving family members clients. Many matters revolve around remained on the property whilst the often show no interest in confirming maladministration of RDP housing other three had left to stay with their ownership of the property and they developments. Our approach has been spouses or other family members. All convince themselves of the fact that to educate our clients on their rights in along the three brothers were under the the property belonged to their parents regard to these houses, understanding impression that the property belonged as they were the first to occupy the our law on property transfers, building to their parents, although they had never property, regardless of the fact that standards, how to deal with fraudulent investigated the actual status of the there are no documents to that effect. housing transactions and which property, nor were they aware of the Having seen a number of these types departments and administrations processes undertaken in terms of the of matters we have had meaningful they should deal with. We hope that Conversion Act. engagement with the Gauteng through such education our clients The brother who remained on the Department of Housing who have kept are empowered to take these matters property was married in community records of all claims and enquiries forward. of property and lodged a claim for the in respect of conversion properties. It has been 27 years since the Conversion property in terms of Section 2 of the We have also partnered with the of Certain Rights into Leasehold or aforementioned act. The title was issued Johannesburg Deeds Office to ensure Ownership Act 81 of 1988 was passed. to the brother and his wife in 2001. that at all community workshops, The provisions of this act came into In 2015 this brother died. After the community members are given the effect in January 1989 with the main aim funeral, the other three brothers opportunity to confirm the status of the of ensuring that housing ownership was informed the wife that she could remain properties they occupy. transferred to occupants of government- on the property, but that should she Going forward, we will be working owned stock. This act affected mainly remarry she would have to leave. This with communities to dispel the lack of black townships in the urban areas. was met with much resistance as the awareness around property ownership. Over the past year we have seen that wife produced the title deed which We hope that working with the Master’s many of our housing matters and those confirmed her rights over the property. Office, the Deeds Office and the Gauteng referred from the Master’s Office help The three surviving brothers sought legal Department of Housing will assist us in desk are properties that have been advice on the matter as they believed this endeavour. converted in terms of this act. One of the that their parents’ property had been main issues that arises is that occupants, acquired fraudulently by the deceased Tshenolo Masha who are often family members, had no brother. An enquiry was made to the knowledge of the processes that had Department of Housing and the surviving been undertaken by another family

ProBono.Org Annual Report | 2015 21 Special Projects and Partnerships

“Some of the clients have been turned away by the courts because the spouse’s whereabouts and further personal particulars are not known.”

22 ProBono.Org Annual Report | 2015 Special Projects and Partnerships

Family Law One client approached us requesting Willing participants who later want to assistance with a divorce. She was leave the marriage often approach The family law matters we have seen in approached by an agent who specialises the Department of Home Affairs (DHA) the past year have followed a familiar in recruiting unemployed females, requesting the department to cancel pattern, ranging from applications mostly from the townships, to enter into their marriages. The DHA turns them for parental rights, maintenance and these kinds of marriages. It appears away and they often come to our guardianship; and applications for that a standard initial fee is paid by offices for assistance. The two legal protection orders and divorces. The the would-be spouse, followed by a options available to them are instituting instructions for assistance in these promise of monthly maintenance of divorce proceedings or applying for cases are accepted by pro bono approximately R300.00. Our client an annulment. Some of the clients attorneys with ease and are often never got to meet the actual husband, have been turned away by the courts finalised very quickly. who stopped paying her in terms of the because the spouse’s whereabouts and However we have seen a significant agreement. She has not seen a cent for further personal particulars are not growth in requests for divorces where the past three years and is now filing for known. The divorce action also becomes a client has entered into a marriage divorce. difficult as we do not have tracing of convenience. As South Africa is It is important to point out however that facilities or tracing agents who can offer perceived to be a stable country on the not every spouse in these marriages is assistance on a pro bono basis to track African continent and is regarded as a a willing participant; in some cases the down the said husband in order for us land of refuge and opportunity, we find women fall victim because they may to proceed with either a substituted a number of people from other countries have lost their identity documents, only service or an edictal citation. having a desire to be in South Africa. to discover later that they are married Trying to assist a client with an Some foreign nationals want to obtain to a complete stranger from another annulment is also tricky and very costly permanent residence or citizenship country. and it has been difficult to get attorneys as quickly as possible and they end These marriages not only affect the to take on these matters on a pro bono up bypassing the legal process. South status of the individual but also affect basis. Even if we do proceed with a African nationals are often enticed their credit record as the marriages are divorce, the victim will always remain into marriages of convenience with a frequently in community of property. with the unwanted status of being a promise of monetary compensation. If the spouse enters into credit or loan divorcee. Teenagers and middle aged women agreements or opens store accounts, In order to assist in these matters, we from poor backgrounds often get the debts would be legally binding on are doing research to explore other caught up in these marriages. The the wife by virtue of the said marriage. avenues of serving these divorce foreign nationals come into the country Some clients only find out about the summonses. as asylum seekers or visitors and marriage when they are called by Nomaswazi Malinga then “rent a spouse” with the aim of creditors looking for the husband and obtaining citizenship. threatening legal action.

ProBono.Org Annual Report | 2015 23 24 ProBono.Org Annual Report | 2015 Johannesburg and Pretoria Office 2015

Staff during 2015 Erica Emdon – National Director Annelie du Plessis – Head Staff Attorney Neo Chokoe – Pretoria Manager Interns and volunteers during 2015 Charlene Beukes – Staff Attorney Nhlanhla Mthombeni – Intern Nomaswazi Malinga – Staff Attorney Thembelihle Kubheka – Intern Elsabe Steenhuisen – Consultant Lehlogonolo Marota – Intern, Pretoria Alice Swanepoel - Consultant Bernavie N’dzoungani-N’kanda - Volunteer Faith Tigere – Legal Advisor Harry Hadjiyannis – Volunteer Gift Xaba – Legal Advisor Jarrad Knoetze – Volunteer Margaret Fish – Operations, Grants & Communications Manager Kelvin Kajuna – Volunteer Lorraine Mashava– Data Capturer Luke Goncalves – Volunteer Phumzile Ngenelwa – Office Manager Naledi Mahooa – Volunteer Pretica Singh – Financial Manager Stuart Strachan – Volunteer Tshenolo Masha – Paralegal Josephine Diba – Receptionist Nkuli Zuke – General Worker

ProBono.Org Annual Report | 2015 25 26 ProBono.Org Annual Report | 2015 Durban Office 2015

Staff during 2015: Shamika Dwarika – Director Shahista Hassan-Khan – Staff Attorney Petrina Chetty – Staff Attorney Gugulethu Makhanya – Administrator

Interns during 2015: Buhle Sibiya Gugu Nan Ntaka Lusanda Chili Sharmila Naidoo

ProBono.Org Annual Report | 2015 27 28 ProBono.Org Annual Report | 2015 Directors 2015

Andy Bester – Chair Ayanda Ngubo Candice Pillay Claire Tucker Erica Emdon Harold Jacobs Ilan Lax Jacqueline Cassette Janet Love Liesl Williams Masizakhe Mathai Mohamed Randera Spencer Morwe Sushila Dhever

ProBono.Org Annual Report | 2015 29 30 ProBono.Org Annual Report | 2015 STATEMENT OF FINANCIAL POSITION Financials 2015 AS AT 30 SEPTEMBER 2015

PRO BONO ORGANISATION 2015 2014 2013 NON PROFIT COMPANY R R R REGISTRATION NO. ASSETS 10 328 681 10 008 756 5 281 461 2007/002099/08 Non current assets 57 694 96 016 95 085 Equipment 57 694 96 016 95 085 Current assets 10 270 987 9 912 740 5 186 376 Accounts receivable 202 979 208 192 104 255 Investments 4 837 356 4 390 884 - 0 Cash and cash equivalents 5 230 652 5 313 664 5 082 121 Total assets 10 328 681 10 008 756 5 281 461

RESERVES AND LIABILITIES 10 328 681 10 008 756 5 281 461 Reserves 1 988 055 2 039 255 2 119 015 Accumulated surplus 1 930 361 1 943 239 2 023 930 Equipment fund 57 694 96 016 95 085

Current liabilities 8 340 626 7 969 501 3 162 446 Accounts payable 54 665 95 581 90 893 Deferred income 8 128 398 7 769 641 3 000 000 Provision for leave pay 157 563 104 279 71 553

Total reserves and liabilities 10 328 681 10 008 756 5 281 461

ProBono.Org Annual Report | 2015 31 STATEMENT OF 2015 2014 2013 COMPREHENSIVE R R R INCOME FOR THE INCOME 8 198 836 6 140 028 5 356 081 YEAR ENDED Grants and donations 7 487 728 5 677 769 5 250 246 30 SEPTEMBER 2015 Interest received 655 331 462 259 105 835 55 777 PRO BONO ORGANISATION NON PROFIT COMPANY EXPENDITURE 8 198 836 6 177 258 5 130 923 REGISTRATION NO. Accounting fees 249 020 146 244 90 988 2007/002099/08 Advertising and marketing 67 890 100 883 - Annual report 54 619 42 160 28 672 Assets expensed directly 22 901 - 7 375 Audit fees 34 733 40 887 34 542 Award ceremony 202 242 152 181 - Bank charges 18 012 18 073 12 753 Computer expenses 25 205 27 998 44 660 Consulting fees 182 960 121 766 46 889 Courier and postage 11 200 12 561 9 216 Directors emoluments 1 006 488 982 489 1 302 601 Equipment hire and maintenance 182 235 132 062 89 298 Insurance 38 963 32 643 44 048 Interest and penalties - SARS 4 727 - - Office supplies 74 441 83 532 48 444 Printing and stationery 62 505 46 917 64 979 Provision for leave pay 53 284 - - Refreshments and entertainment 18 031 15 546 18 744 Rent, parking, water and electricity 950 929 705 696 538 957 Repairs and maintenance 7 802 6 925 7 016 Salaries, wages and contributions 3 596 845 2 990 812 2 166 131 Secretarial fees 9 961 6 268 10 173 Seminars and workshops 793 972 143 378 157 923 Staff recruitment 92 839 62 299 67 558 Staff training 64 604 16 538 18 078 Subscriptions 24 459 10 782 8 220 Telephone 230 217 192 075 177 191 Travel and accommodation 97 254 76 966 104 457 Website costs 20 498 9 577 32 010 (DEFICIT)/SURPLUS FOR THE YEAR  - 0 (37 230) 225 158 BALANCE AT BEGINNING OF YEAR  1 943 239 2 023 930 1 812 006 TRANSFER TO EQUIPMENT FUND  (12 878) (43 461) (13 234) BALANCE AT END OF YEAR  1 930 361 1 943 239 2 023 930

32 ProBono.Org Annual Report | 2015 GRANTS AND GRANTS AND DONATIONS 2015 2014 2013 DONATIONS R R R FOR THE YEAR GRANTS Anglo American Chairman's Fund 100 000 - 90 000 ENDED Belgian Co-operation - - 13 728 30 SEPTEMBER 2015 CDT - 100 000 - Claude Harris Leon Foundation 400 000 300 000 300 000 CS. Mott Foundation 573 540 408 653 364 496 PRO BONO ORGANISATION DG Murray Trust 405 000 150 000 150 000 NON PROFIT COMPANY Ford Foundation 1 057 406 263 119 - REGISTRATION NO. Foundation for Human Rights - 205 920 55 200 2007/002099/08 Freedom House 222 633 81 718 87 290 H C I Foundation 100 000 100 000 80 000 Legal Resources Centre - ELMA Philanthropies 119 301 145 530 422 732 Legal Resources Centre - Ford Foundation - - 259 600 Millennium Trust 701 243 1 000 000 600 000 Open Society Foundation 800 000 486 081 460 050 Raith Foundation 1 506 522 - 381 150 SERI - - 50 000 The Atlantic Philanthropies - 1 229 248 935 000

DONATIONS - 200 000 125 000 Cliffe Dekker Hofmeyr 175 000 150 000 120 000 Eversheds /Routledge Modise - - 75 000 Fasken Martineau 135 000 110 000 - Hogan Lovells 100 000 100 000 - R B Hagart Trust 200 000 100 000 100 000 Inyathelo - - 6 000 Johannesburg Bar Council 100 000 100 000 150 000 KwaZulu-Natal Law Society 162 000 - - Norton Rose Fulbright SA 150 000 105 000 100 000 Webber Wentzel 200 000 205 000 100 000 Werkmans Attorneys 80 000 80 000 75 000 Sundry donors 200 083 57 500 150 000 7 487 728 5 677 769 5 250 246

ProBono.Org Annual Report | 2015 33 34 ProBono.Org Annual Report | 2015 Donors 2015

Anglo American Chairman’s Trust

Bowman Gilfillan

C S Mott Foundation

Claude Leon Foundation

Cliffe Dekker Hofmeyr

D G Murray Trust

Elma Philanthropies

Fasken Martineau

Ford Foundation

Freedom House

HCI Foundation

Hogan Lovells

Johannesburg Bar Council

Open Society Foundation of South Africa

KZN Law Society

Millennium Trust

Norton Rose Fulbright SA

R B Hagart Trust Awards Ceremony Sponsors:

Raith Foundation Legal Aid SA

Webber Wentzel Lexis Nexis

Werksmans Sabinet

Juta Law

AJS Business Management Systems

ProBono.Org Annual Report | 2015 35 JOHANNESBURG: 1st Floor West Wing, Constitution Hill, 1 Kotze Street, Braamfontein 2017 telephone: 011 339 6080 fax: 011 339 6077

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