Annual Report 2019/ 20

ANNUAL REPORT 2019/ 20

In support of women, youth and children

Providing legal Stimulating debate and In service services undertaking research Contents

CONTENTS

INTRODUCTION

Chairman’s Foreword 04

The Year in Review 05

Awards and Recognition 05

2019 Annual Celebration 06

IN SUPPORT OF SMEs Ishishini Lethu 08 10 IN SUPPORT OF WOMEN, YOUTH AND CHILDREN

By helping to register public benefit organisations

Women and Health Together for the Future 10

Nahysosa Bursary Fund 10

Realema Teaching Intern Programme 10

By acting in the courts

Standing up for children 11 Standing up for maternity benefits 11 14

By supporting worthy causes

16 Days of Activism 12

Play Africa Children’s Courtroom 13

Malandela Mighty Heroes Football Club 14

Future Masters Football Club 14

Litha Ntini, Connect Sports Academy 14

Cell C Take a Girl Child to Work 15

Camp Sizanani Life Skills 15

Lions Club of Kirstenbosch 15

Ububele Educational and Psychotherapy Trust 16

Santa’s Shoebox 16

Village Safe Haven 16

Ramakrishna Mzamo Children’s Home 17 18 Toni Dammert Foundation 17 Izivunguvungu 17

02 Contents

In support of the arts

SAFFCA Dinner 18

Friends of Orchestral Music Soirées 18

In support of the environment

Rhino Pride Foundation 19

Forest Challenge 2019 19

IN SERVICE

Mandela Day 20

Nyerere Day 20

ILoveBoobies 21 Lighthouse2Lighthouse Ladies Walk 21 16 PROTECTING LEGAL RIGHTS

Small victories for refugees facing uphill struggles 22

Shack dwellers win the right to stay 23

Aspiring teacher keeps clean disciplinary record 24

Staying the course in hate speech case 24

PROVIDING LEGAL SERVICES

Apolitical Foundation of Southern Africa 25

Joint Building and Construction Council 25

ONE Campaign 26

True North Society 26

Finding faith: corporate goes criminal to 28 challenge the Constitution

STIMULATING DEBATE AND UNDERTAKING RESEARCH

11th Bram Fischer Lecture 30 21

Refugee and immigration law workshops 31

Sex work sensitisation training 31

GALLERY 32

During the financial year ending on 29 February 2020, Bowmans invested 10 563 hours valued at ZAR 26 658 272 30 in pro bono work.

03 Introduction

INTRODUCTION

CHAIRMAN'S In an environment where skills and financial contributions a multiplicity of worthy to various projects for vulnerable children, women and youth. In FOREWORD cases and causes jostle addition, the firm invested in for attention, the value of strategic initiatives such as the joint focus continues to be felt Children’s Courtroom exhibit with in Bowmans’ pro bono and Play Africa, where children are being introduced to the judicial system CSR efforts. Rather than and Constitution through facilitated spread ourselves too thin, play and dialogue. we have chosen to home in on a few key areas where We again assisted other vulnerable groupings exposed to discrimination there is both great need and injustice, including refugees, and the potential for and continued our efforts to great impact. co-create an equitable, inclusive economy by offering advice and training to emerging entrepreneurs hief among these is standing and small businesses. C up for the legal rights of women Robert Legh and children, especially in matters We at Bowmans – along with many Chairman and Senior Partner where violence and other forms of of our clients – are keenly aware abuse have been implicated. that investing in the future of the continent includes helping to Gender-based violence (GBV) is preserve its natural environment, anathema to Bowmans as a firm and from the forests of East Africa to its to all our people. We are determined wildlife. With this in mind, we used to play our part in defeating this our pro bono and CSR resources scourge, as was evident in many of to take some small but important the pro bono matters we took on in steps towards the preservation of 2019. These included our lawyers’ Africa’s natural heritage for future work in the Children’s Court and the generations. legal assistance they provided to NPOs working with various aspects The current climate for pro bono of children’s and women’s wellbeing. and CSR is characterised by a multiplicity of competing needs, This focus was also apparent in making it easy to fall into the trap the CSR initiatives undertaken or of failing to see the wood for the supported during the year. Our staff trees. By staying focused, we have in Kenya, South Africa, Tanzania sought to make a difference where and Uganda volunteered their time, it really matters.

With this in mind, we used our pro bono and CSR resources to take some small but important steps towards the preservation of Africa’s natural heritage for future generations.

04 Introduction

we hosted at our offices. Another THE YEAR key event we hosted, was the Legal Resources Centre’s 11th Bram IN REVIEW Fischer Memorial Lecture.

Our outreaches to small business through our Ishishini Lethu Project AWARDS AND were an important component of RECOGNITION our pro bono work. In addition, we continued to render pro The main focus of our pro bono corporate legal services to non-profit organisations bono work remains access in each of the jurisdictions to justice for the poor. in which we have offices.

We are thankful for the support ur efforts in this area saw us from our people across all of our Oreceiving the Pro Bono Award offices, which along with that of our in the Large Law Firm category at external partners and stakeholders, the ProBono.Org Annual Awards has helped us deliver on our ceremony held in November 2019. mandate and made this another Fatima Laher Of Counsel and Head of Pro Bono successful year. We received the award for servicing the refugee, housing and domestic violence helpdesk co-ordinated by ProBono.Org. The past year has brought to fruition much of the work and many of the projects that we have been involved with for some time, both in pro bono and CSR.

f particular importance was Oour collaboration with Play Africa Children’s Museum. We saw the materialisation of a vision years in the making in the handover of the first-ever curated Children’s Courtroom to Play Africa at a launch event held at our Johannesburg office in November.

This was a highlight in a year where we focused on women and children, giving legal representation to children in Children’s Court proceedings, highlighting issues of GBV, and supporting many small charities working with children.

As a firm, we also worked in support of the arts by giving exposure to young and upcoming musicians and artists at various events that

05 Introduction

2019 ANNUAL CELEBRATION

Marking Human Rights Day in South Africa, we hosted our annual pro bono and CSR celebratory event at our Johannesburg office on 20 March.

ustice Sisi Khampepe, who Jis an alumnus of our firm, delivered the keynote address.

She spoke broadly about Human Rights Day, reflecting on the last 25 years of democracy in relation to the realisation of human rights, public interest litigation, and the role of pro bono departments in law firms.

06 Introduction

07 In Support of SMEs

IN SUPPORT OF SMEs

ISHISHINI LETHU – Ashoka is an international through the ins and outs of OUR BUSINESS organisation that promotes how to register a business social entrepreneurship. and be tax compliant, what to The legal intricacies of do when problems arise, and starting and maintaining a The social entrepreneurs were where to find key resources pitching for financial support for support. business can be daunting for an array of projects, for entrepreneurs and small which included promoting Commenting on our and micro enterprises. solar-powered irrigation, contribution, Ye! and CYFI’s reducing school absenteeism Claire Sterngold said, ‘The and increasing crop yields, training was filled with high- hrough the Ishishini Lethu among other things. level tips and key insights that T (Our Business) Project, many of the entrepreneurs which we initiated in 2013, we • We led a guided training were hungry to know more have assisted numerous small session for young entrepreneurs about… The audience was businesses to understand and at a workshop in Johannesburg engaged and asking a million exercise their rights and participate on 21 June 2019, organised questions.’ more effectively in the economy. by Ye! Startup Academy and Children and Youth Finance • ‘From starting up to Ishishini Lethu clients are referred International (CYFI). scaling up’ was the title to us via the various non-profit of the financial and legal organisations (NPO) with which Our corporate law experts took workshop that we hosted we collaborate. Our internal the participating entrepreneurs for small business owners in pro bono team receives these requests and then refers them to our attorneys, depending on their areas of expertise.

Our pro bono assistance takes two forms: providing practical legal advice on matters such as registration of businesses and the drafting of shareholders agreements; and offering training and development through workshops, seminars and other events.

Training for entrepreneurs was an important focus in 2019/ 20:

• We hosted the Ashoka SEA Change Africa Pitch Event in Johannesburg on 17 April 2019, bringing together 12 African social entrepreneurs and 140 impact investors and related support organisations.

08 In Support of SMEs

Johannesburg on 17 September 2019. The discussions covered relevant legal considerations for SMEs and exempt micro enterprises, and provided insight into business financials.

• We teamed up with the British Council and the European Union for the South African/ Johannesburg launch of BusinessPROS, a mentoring programme for entrepreneurs. The event, held on 7 November 2019, marked the official commencement of the mentorship journey of 12 selected entrepreneurs.

• We collaborated with Ye! in Kampala to undertake a small business outreach to about 20 entrepreneurs at the Stanbic Bank Business Incubation Hub.

One of our lawyers, Edline Murungi, gave a presentation covering a range of legal topics, from registering an appropriate business vehicle to protecting intellectual property and ensuring compliance with employment, tax and environmental laws.

The entrepreneurs were very engaged and deeply interested in the presentation. The questions came at every turn but the most common questions surrounded issues of registration, financing and employment and tax laws.

09 In Support of Women, Youth and Children

IN SUPPORT OF WOMEN, YOUTH AND CHILDREN BY HELPING TO REGISTER PUBLIC BENEFIT ORGANISATIONS

WOMEN AND HEALTH African public who support the and public benefit organisation, with TOGETHER FOR THE ideals of Hellenism and the Hellenic external B-BBEE SED verification FUTURE community in the country. Education and audited financials,’ said Pier initiatives such as this provide Myburgh, director of the programme. Improving the health opportunities to learners who do not of women around the have the necessary funding to study. ‘We are so grateful for your interest in and Bowmans’ support of Realema. world is the priority We assisted Nahysosa in acquiring Without people believing in us as you of Women and Health public benefit organisation (PBO) do, we could not have grown into the Together for the Future status and section 18A approval impactful programme that we are today.’ (WHTF), an international from the South African Revenue Service (SARS). This will allow organisation that is active Nahysosa to issue section 18A in 22 countries, including certificates to donors, granting them Nigeria, South Africa, the deductions from taxable income. Sudan and Uganda.

REALEMA TEACHING n 2019, we assisted with the INTERN PROGRAMME I registration of Women and Health for the Future in South Africa, drawing s a newly registered trust praise from WHTF’s Micarla Abrahams. A and PBO, Realema Teacher In a letter informing us that the Intern Programme is even better registration had finally gone through, equipped than before to help she said: ‘Thank you for your support talented, hardworking children from in the process as you guys played underprivileged backgrounds to a huge role in helping me complete escape the poverty cycle by becoming this process... I will recommend teachers. It does this by providing Bowmans for help any time.’ bursaries that enable young people to study teaching degrees long- distance while gaining full-time NAHYSOSA BURSARY FUND work experience at top schools.

ahysosa stands for the National We assisted Realema in setting up the N Association of Hellenic Youth trust as a PBO, eligible for the benefits and Student Organisations of South and responsibilities that go with it. Africa, which seeks to maintain and preserve the Hellenic (Greek) culture ‘With tremendous help from and heritage. The Nahysosa Bursary Bowmans, we all survived what Fund provides scholarships, bursaries felt like a year of governance and support for study, research and and FICA, and Realema is now teaching to members of the South an independent trust, non-profit

10 In Support of Women, Youth and Children

BY ACTING IN THE COURTS

STANDING UP FOR CHILDREN

Children are among the most vulnerable members of society and Bowmans is strongly committed to advancing their rights. In 2019/ 20, we continued our eight-year track record of representing children in Children’s Court proceedings on a pro bono basis. that the boy was not ready to be STANDING UP FOR reunited with his family. The parties, MATERNITY BENEFITS Some examples include: with the exception of the boy’s biological parents, are in agreement e acted for a Western • Care and contact application: that the foster care order should be W Cape fish-and-chip shop We assisted two minor children in extended. We are busy finalising the employee who returned to work after a care and contact application lodged extension. four months’ maternity leave only to be by their mother in the Alexandra told that she had been replaced and her Magistrates Court. The mother had • From foster care to adoption: After employer no longer wished to employ her. been released from prison after serving almost 10 years in foster care, a a sentence for theft and wanted to young boy is being adopted by his The matter had two parts. The first was have her children, who had been in foster parents after we helped to the fact that our client, who had been the care of their grandmother, back remove the obstacles standing in working a six-day week, had received with her. The grandmother refused. the way. The boy was 10 months old ZAR 400 a week. This compared to The children were subsequently when he was removed from the care the minimum wage of ZAR 781.14 a removed from their grandmother's of his mother, who had been abusing week set for the hospitality sector at care as she was refusing the mother alcohol. He was placed in a children’s the time. Second was her dismissal access to the children, even though home. A couple who visited the for a pregnancy-related reason. a court order granting access was in home made a successful application place. The children have been placed to foster him. When the child turned We assisted her in bringing a claim in temporary care with foster parents 10, the couple wanted to adopt him for arrear wages in line with the wage until they can be reunited with but his biological parents – who tables set for the hospitality sector. their mother. did not visit him – refused consent. This claim was instituted in terms of We were briefed to prepare the the recently enacted section 73 of the • Alleged neglect: A 10-year-old boy application to dispense with the Basic Conditions of Employment Act was removed from the care of his mother’s consent. We consulted with and was settled at the Commission for parents because of alleged neglect. the biological parents and their legal Conciliation, Mediation and Arbitration. After he had been in foster care representatives, and they agreed for four years, the social worker that adoption was in their son’s best We also assisted her in launching an dealing with the case began the interests. We also briefed a clinical unfair dismissal dispute in the Labour process of reuniting the child with psychologist to consult with the Court in terms of section 187(1)(e) of his biological family. However, a boy and prepare a report for the the Labour Relations Act, based on clinical psychologist from whom we Children’s Court, which finally made her dismissal for a reason related to sought an opinion was of the view an order for the adoption. pregnancy. This dispute is still pending.

11 In Support of Women, Youth and Children

BY SUPPORTING WORTHY CAUSES

owmans strongly identifies We also collaborated with B with the aims of the campaign, the South African Human which strives to raise awareness Rights Commission (SAHRC) of the negative impact that to host a panel discussion on violence and abuse have on GBV at our Johannesburg women and children and to rid office on 28 November. society of abuse permanently. The panellists were Angie The 2019 campaign commenced on Makwetla, SAHRC Commissioner; 25 November. We asked our staff Dr Judy Dlamini, Chancellor of the across all our offices to stand up University of the Witwatersrand; and be counted. They registered and Thandiwe Matthews, a senior 16 DAYS OF ACTIVISM their support by sharing the pledge researcher at the SAHRC. The posted on our LinkedIn profile moderator was Bafana Nhlapo, Amid heightened awareness and wearing white ribbons. an advocate for gender equality. in South Africa about In addition, our South African The robust discussion explored GBV and child abuse, the offices supported The Haven the structural manifestations annual global campaign of Shelter by delivering donations of GBV and femicide in South 16 Days of Activism for No to their locations in Cape Town, Africa, as well as measures that Violence against Women Durban and Johannesburg. The can be taken to address gaps Haven Shelter is a charity that in accountability and practical and Children has great has safe houses for abused suggestions for expanding the significance and poignancy. women and children. support available to GBV survivors.

12 In Support of Women, Youth and Children

PLAY AFRICA CHILDREN’S COURTROOM

We believe that a child’s first experience of a courtroom, particularly as a witness, should not be intimidating. Fear is certainly not the emotion young visitors to South Africa’s first curated play courtroom for children will experience.

ased at Constitution Hill in B Johannesburg, the Children’s Courtroom is a new interactive exhibit at Play Africa’s Children’s Museum. It has the usual features of a courtroom (including a presiding officer’s bench and witness box), and uses facilitated play and dialogue to introduce children to South Africa’s judicial system, including the core principles of the Constitution and the rule of law.

We partnered with Play Africa to establish the play courtroom as an investment in the future of South Africa’s children and that of our country as a whole.

The Children’s Courtroom is a welcoming environment where children can learn about the law and, underpinned by an understanding of and respect for the Constitution and the rule of law, begin to think about careers in law.

‘Our Children’s Courtroom is a safe space where children can learn how to make their voices heard in a court of law, so South Africa’s democracy can thrive in future generations,’ says Gretchen Wilson-Prangley, founder and CEO of Play Africa.

The project was inaugurated on 12 November 2019 at our Johannesburg office, with retired Constitutional Court Judge Edwin Cameron delivering the keynote address, highlighting the Constitution and children’s rights.

13 In Support of Women, Youth and Children

FUTURE MASTERS FOOTBALL CLUB

erious footballers train smart S and hard, and require the gear to match. Khayelitsha-based Future Masters Football Club is now handsomely equipped with neon bib vests, training cones, flat cones, agility hurdles, power speed resistors, soccer balls, finger save-gloves and an agility speed ladder. All of this was handed over to the club’s Siyabulela Sophi and Bonginkosi Rilityana when they visited our Cape Town office on 22 October 2019. We look forward to further collaboration with Future Masters, a non-profit organisation MALANDELA MIGHTY that strives to uplift youth in HEROES FOOTBALL CLUB Khayelitsha through football.

iving up to their team’s name, LITHA NTINI, CONNECT L members of the Malandela Mighty SPORTS ACADEMY Heroes Football Club (MMHFC) from Alexandra township are not or the fourth year in a row, just talented footballers but also F we sponsored Litha Ntini, a potential catalysts for positive change. promising young rugby player One of the key messages they took who has just started high school. home from their interaction with our staff in 2019 was the importance Litha is supported by Connect of actively participating as agents Sports Academy which is of change in their communities. a non-profit organisation committed to transformation MMHFC aims to provide meaningful of rugby at grassroots level. engagements and opportunities for young men in Alexandra through sport. Apart from providing financial We have a longstanding relationship support, we keep in regular with the club, offering sponsorship and contact with Litha and follow mentoring to its members in the hope his progress closely. of contributing to their future success. Max Benson of Connect Sports This year’s event took place at the Academy says that Litha is growing Balfour Mall indoor soccer fields and in confidence, which is ‘thanks in offered an opportunity to encourage no small part to the support of you the Malandela Mighty Heroes to take a and your colleagues at Bowmans’. stand against GBV and xenophobia.

There was also plenty of time for some soccer action. A Bowmans team took to the field against the U/ 17 and U/ 15 teams from MMHFC. In what was described by MMHFC chair, Simon Dlamini, as ‘a wonderful Saturday soccer extravaganza’, the day played itself out in good spirit with plenty of fun for all.

14 In Support of Women, Youth and Children

productive, successful adults who can cope with the demands of everyday life. They do this by running life skills programmes in areas where they are most needed.

In 2019, we adopted one of their camps – Camp Sizanani Life Skills in Alexandra – and donated starter packs to the campers for the year ahead.

LIONS CLUB OF KIRSTENBOSCH

tarting school without any CELL C TAKE A GIRL listened attentively to motivational S stationery can put already CHILD TO WORK talks by career experts within the disadvantaged learners at even more firm and enjoyed a tour of our of a disadvantage. Our support for We offered 21 young offices, finding out more about the Pencil Box Project of the Lions schoolgirls an inside view what each department does. Club of Kirstenbosch ensured that grade 1 learners at Belthorn Primary of life in a corporate law By all accounts, the experiences School in Cape Town started their firm at our offices in Cape of the children in both Cape school careers with everything from Town and Johannesburg. Town and Johannesburg were scissors and glue sticks to rulers, illuminating and could ultimately pencils and erasers – and, of course, help shape some career choices. a pencil box in which to carry them. his was in support of the T annual Cell C Take a Girl Child CAMP SIZANANI Thanking our Cape Town staff for to Work Day, aimed at exposing LIFE SKILLS their contribution, Anne Barr of girl children to the world of work the Lions Club said: ‘We delivered and positive role models, and he stresses and strains of your sponsored pencil boxes to giving them the opportunity to T modern life can be extremely Belthorn Primary School; a great make informed career decisions challenging for vulnerable youth surprise to grade 1 learners and based on real work experiences. and children. Camp Sizanani teachers as we entered their More broadly, Take a Girl Child Life Skills in Alexandra is part classrooms with their gifts.’ to Work provides a platform for of Global Camps Africa. dialogue around the needs of girls and their role in South Africa’s Global Camps Africa is a long- socio-economic development. standing pro bono client of our firm. Their main aim is to equip On 24 May 2019, our Cape Town youth and children with life skills office hosted six grade 10 and that will assist them in becoming 11 learners from Thandokhulu High School in Mowbray. They spent the day discovering the field of law by engaging with lawyers from our various practice areas and meeting members of our business services team.

The Johannesburg event took place a week later, on 31 May, and saw us welcoming 15 grade 10 learners from Alexandra High School. They

15 In Support of Women, Youth and Children

UBUBELE EDUCATIONAL AND PSYCHOTHERAPY TRUST

ased in Johannesburg, Ububele is B an NPO that develops, runs and disseminates training programmes to psychotherapists and lay counsellors, who in turn provide psychological and mental health services to the community in Alexandra.

Stationery was high on the needs list of the trust, and we made a donation in line with those needs. The executive director wasted no time in expressing appreciation: ‘Many, many thanks for the generous donation of stationery that arrived safely this morning; we are thrilled.’

SANTA’S SHOEBOX

e once again participated W in the Santa Shoebox Project arranged by Kidz2Kidz Trust, a non-profit organisation. Staff across our South African offices pledged 85 shoeboxes for children aged two to six.

The contents of a Santa Shoebox speak volumes about the needs of the children receiving them: VILLAGE SAFE HAVEN the function, making sure there toothpaste, toothbrush, soap, wash would be plenty of delicious cloth, a set of clothing, educational orporate year-end parties food, personalised gifts for supplies, sweets and a toy. C typically take place each child and games and at function venues. One of music for everyone to enjoy. This combination of essential our Johannesburg-based items and treats invariably litigation teams wanted a more On 29 November 2019, the brings smiles to the faces of the meaningful end to its year. team welcomed the children disadvantaged children for whom home from school to a festively each Santa Shoebox is lovingly It chose the Village Safe Haven decorated garden, a spread of and thoughtfully packed. children’s home, a cluster foster snacks and drinks and the smell care facility in Johannesburg for of the beginnings of a barbeque. orphaned, vulnerable and abused children. The home’s main aim is Almost immediately, a soccer to help nurture young men and ball was kicked around among women of excellence, who can excited team members and contribute to society as functional, children, followed by music, loving, caring and educated young singing and dancing. It was adults, despite the circumstances an end-of-year function with into which they were born. a difference, spent basking in the sunshine and fresh air, In the spirit of holiday cheer, the while sharing in the unbridled team spent weeks preparing for joy and laughter of children.

16 In Support of Women, Youth and Children

RAMAKRISHNA MZAMO ‘Dear Bowmans Family CHILDREN'S HOME On behalf of the Toni Dammert he Ramakrishna Mzamo Children’s Foundation, we would like to thank T Home in Verulam, north of Durban, you for your generous donation, caters specifically for the care of up which was received in June 2019. to 40 orphaned children suffering with The funds were used to purchase cerebral palsy. Members of our Durban much-needed items and we also office visited it on 19 March 2019 to managed to purchase food items for hand over a donation, consisting of the monthly family food hampers. items on their needs list. In 2019, we managed to serve TONI DAMMERT approximately 3 000 individuals FOUNDATION with soup and bread and an extra packet of sugar and rice to take home. oni Dammert was a young and We handed out about 400 food T aspiring lawyer at our firm who hampers to patients at the TB Clinic in passed on much too early after a Sarepta and severely underprivileged short illness. The Toni Dammert families in Stilwaney in Bellville South. Foundation was set up in fond memory of her, as a charity in We would not have been able to service of the poor and needy. achieve all this without your help. By contributing towards our cause, Director/ founder Jodene Malan you made a difference in the lives acknowledged our contribution of many people in the community. as follows: Thank you again for believing in us.’

IZIVUNGUVUNGU uses music to uplift children ‘It really encourages me to from Ocean View in Cape Town. keep going with the young We made a donation to people, especially in these Izivunguvungu for the second year Director Mike Oldham times when their areas are still running. This non-profit organisation thanked us for our support, so badly affected by crime.’

17 In Support of the Arts

IN SUPPORT OF THE ARTS

SAFFCA DINNER

A feast of African artworks was on display at an art dinner we hosted with the South African Foundation For Contemporary Art (SAFFCA), giving the artists who created them some much-needed exposure.

n exciting array of artworks Aby established and emerging artists was on the menu, on 14 November 2019, in preparation for an art auction five days later. Among the artists featured were Asanda Kupa, Deborah Bell, Kagiso Patrick Mautloa, Lebohang Motaung, Mohau Modisakeng, Sam Nhlengethwa, Siwa Mgobhoza and William Kentridge.

The art pieces were sold on auction by Strauss & Co on 19 November. The artists received 70% of the proceeds and the rest went to various organisations that support African art.

FRIENDS OF ORCHESTRAL FOM is a non-profit organisation MUSIC SOIRÉES that supports the Cape Town Philharmonic Orchestra, the he benefits of listening to Cape Town Philharmonic Youth T classical music are well known Orchestra and other deserving and range from soothing stress classical music performers and and improving sleep to stimulating artists in greater Cape Town. the brain and strengthening the On other occasions, we held a immune system. Then there is Our Stellenbosch office set the variety of fund-raising events, the pure and simple enjoyment scene in January 2019 by giving hosting up to 150 guests at a that classical music evokes, as a trio of local musicians bursaries time at our Cape Town office. The guests experienced at a number of to attend the Stellenbosch events were literally music to our soirées held in support of Friends International Chamber Music ears, proving how pleasurable it of Orchestral Music (FOM). Festival in July 2019. can be to support a good cause.

18 In Support of the Arts

IN SUPPORT OF THE ENVIRONMENT

FOREST CHALLENGE 2019

enya’s forests are rapidly K declining due to pressure from the growing human population and increased use of wood for fuel and building materials. The Forest Challenge seeks to reverse this trend by raising awareness of, and helping to protect and manage, degraded forests and water towers.

The Forest Challenge, held in November 2019 for the sixth time, takes place in the Kereita Forest and consists of a number of challenges or obstacles that test participants to RHINO PRIDE FOUNDATION the limit. Five courageous members of our Kenyan office took on the Survival can be a massive challenge and emerged muddy, challenge for wild animals wet and tired but exhilarated after successfully navigating all obstacles. in Africa. For example, there are only a few white It was all in the name of rhinos left in the world. #FunForNature and the East African Wildlife Society’s vision of creating a lasting impact on he Rhino Pride Foundation environmental conservation T cares for approximately through forest rehabilitation and 50 rhinos, including a number of restoration. Partnerships with rhino orphans, and is working on a corporate and individual friends of rhino breeding programme. In lieu nature are indispensable and we are of year-end client gifts this year, we proud to have been a sponsor and made a donation to the foundation. participant in this worthy cause.

19 In Service

IN SERVICE

MANDELA DAY Nal’ibali Reading Club in Khayelitsha, visited the club to deliver five boxes Showing true team spirit, of books. After a warm welcome staff from our offices in both from about 40 singing and dancing children, everyone moved into Kenya and South Africa took smaller groups for reading sessions. part in International Mandela Our involvement had the support of Day activities in July 2019. Nal’ibali and The Link, both non- profit organisations that encourage literacy and a culture of reading. taff in Nairobi chose to devote S their 67 minutes of service to Staff from our Durban office inmates from Machakos Prison – delivered books they had collected a fitting choice considering the to the Nal’ibali Book Club at Intando many years of incarceration that Primary School in Hammarsdale, Nelson Mandela endured. and then spent time reading to NYERERE DAY the children and undertaking In collaboration with the African various fun activities with them. Mwalimu Julius Kambarage Prisons Project, our Kenyan staff Nyerere, the first Prime visited the prison to donate computers, In Johannesburg, book donations football kits and food items. This were again the order of the Minister of Tanzania, is was followed by a football match day. Our staff spent the day considered one of Africa’s between the Bowmans Dream reading to the children at Orange most influential leaders. Team and inmates. After a 3–3 Grove Primary and visiting a The country celebrates draw, we won 4–3 on penalties. book club in Alexandra. Mwalimu Nyerere Day Meanwhile, in South Africa, our While books were still their Mandela every year on 14 October. Mandela Day activities revolved Day mainstay, another team from largely around the written word, Johannesburg also branched out s part of our outreach programmes especially reading and storytelling. into vegetable gardening, visiting A and in honour of Mwalimu Toddler City and planting onions, Nyerere Day, our staff in Dar es Salaam Staff from our Cape Town office, which lettuce, beetroot and spinach. visited the Malaika Kids Orphanage had been collecting books for the Hopes of bumper crops are high. Reception Home on 25 October.

20 In Service

Malaika Kids rescues orphans and vulnerable children from the streets of Dar es Salaam; cares for them in a stable environment at its award-winning, purpose-built Children’s Village in Mkuranga; and provides them with a full education. After completing school, they move to Malaika’s Reception Home while pursuing further studies or ILOVEBOOBIES vocational training in Dar es Salaam. or the second year running, we 2019. ILoveBoobies has been working The theme of our visit was to help F supported the ILoveBoobies- with the CANSA mobile screening prepare the occupants of Malaika’s CANSA charity by riding for its programme and the funds it raises are Reception Home for further studies cause in the 94.7 Cycle Challenge of used for early breast cancer detection. and careers. With delight, these youths aged 15 to 21 talked about their career aspirations and current studies, having come so far from their difficult beginnings thanks to the support of Malaika and its donors. Shining examples include orphaned youths who are now studying law, accountancy, clinical medicine, teaching and social work or learning practical trades. Some very impressive 15–year–olds gave our lawyers a run for their money when it came to legal cross-examination!

Among the career-focused activities was a fun exercise in which the youths examined the characteristics and skill sets of different job roles, and their LIGHTHOUSE2LIGHTHOUSE March every year to raise funds for own preferences and natural strengths, LADIES WALK charities in the Overstrand District through games. We also helped Municipality. The beneficiary of the them prepare CVs and cover letters ith each step they took in 2019 walk was Camphill School, a for job applications and scholarship W this four-day, 100-kilometre special needs school in Hermanus. motivations, and practise for interviews. walk, the participants in the 2019 Lighthouse2Lighthouse (L2L) Ladies The school, established in 1952, After some great conversations over Walk were making a difference to is a haven of tranquillity for afternoon snacks, our team donated children with intellectual and other children with intellectual and other educational textbooks to the orphanage disabilities. As a sponsor of one of disabilities, and is known for its in honour of Mwalimu Julius Nyerere’s the participants, Marilize de Villiers, high-quality education and care. focus on education and development. we were right behind them. Marilize thanked us for our sponsorship: We thoroughly enjoyed our time at This annual walk along the pristine ‘It was a challenging and tough walk, the Malaika Kids Reception Home southern coastline commences but a great experience and made even and look forward to watching the at the historic lighthouse at Cape more special when we were welcomed children’s educational and career Agulhas and finishes at Danger Point by a group of the Camphill children on successes in the years to come. Lighthouse, Gansbaai. It is held in reaching the lighthouse on the final day.’

21 Protecting Legal Rights

PROTECTING LEGAL RIGHTS

SMALL VICTORIES FOR REFUGEES FACING UPHILL STRUGGLES

Refugees in South Africa tend to face uphill struggles to obtain or renew their refugee permits, frequently encountering incompetence, corruption or sheer indifference along the way.

e regularly assist at W ProBono.Org’s Refugee Law Clinic and are proud to have had the opportunity to help clients like the Bikopo family.

Mr Bikopo came to the clinic requesting assistance with the renewal of his formal recognition of refugee permit, which had expired. His problem was that the Department of Home Affairs was refusing to renew it, placing him in a precarious position. It then came to our attention From the time Mr Bikopo, his wife that Mrs Bikopo had applied for and their daughter had entered the permanent residence for the family. country, they had been diligent in Our team volunteered to assist renewing their permits, a process with this process, which included involving a combined family file at an interview and payment for Home Affairs. In April 2017, however, registration, and in October 2019, the department insisted on seeing Mrs Bikopo collected her permanent a separate file for Mr Bikopo, even residence certificate. According though no such file existed. to Home Affairs, Mr Bikopo should have his certificate early this year. We formally communicated the details of Mr Bikopo’s situation to For refugees in South Africa, Home Affairs. He then visited the small victories such as these department, taking copies of all our can make all the difference correspondence with him, and was between peace of mind and a successful in renewing his permit. precarious, uncertain existence.

22 Protecting Legal Rights

SHACK DWELLERS WIN us to represent and advise the after a hearing in which we alerted THE RIGHT TO STAY movement. We launched an the court to the fact that the urgent application requesting granting of any order that amounts A two–year-long stand–off that members be allowed to to eviction must comply with the between the eThekwini rebuild and occupy their homes conditions of the Prevention of without being evicted until the Illegal Eviction from and Unlawful Municipality and the court had finally ruled on whether Occupation of Land Act. Abahlali baseMjondolo the eviction was illegal or not. Movement (shack dweller Disregarding the interim consent movement) has ended in In July 2017, an interim court order order, eThekwini evicted some of was granted by consent. A term the movement’s members from victory for the movement of the consent order was that the two of the sites and destroyed their and its 241 members. movement’s members and family structures again. In some instances, staying with them should present rubber bullets were fired, seriously he dispute was sparked themselves to officials so that injuring some of the members. This T in early 2017 when the they and their structures could be prompted us to launch contempt municipality – without a court identified. In this way, eThekwini applications against the mayor and order – evicted and razed the could easily identify new invaders municipal manager of eThekwini homes of members of the for eviction while ensuring those as the parties responsible for movement located in seven members protected by the implementing the interim order. different sites across the city. consent order were left alone. eThekwini’s argument was The contempt application and that the members were not Despite the interim consent order, the hearing for a final order were long–standing occupants but eThekwini and the KwaZulu-Natal then heard as an opposed motion. recent land invaders, and hence MEC for Housing launched two Eventually, the parties agreed to could be summarily evicted. urgent court applications for an what amounted to a confirmation order that would effectively allow of the interim consent order in a The Socio-Economic Rights eThekwini to evict the members. victory for the members of the Institute (SERI) approached Both applications were dismissed Abahlali baseMjondolo Movement.

23 Protecting Legal Rights

ASPIRING TEACHER This was after we assisted her in KEEPS CLEAN lodging both a procedurally and DISCIPLINARY RECORD substantively unfair dismissal claim at the CCMA. We also assisted her 20-year-old aspiring teacher, in preparing for arbitration, which A whose employer had charged her did not go ahead as the parties with numerous counts of misconduct settled before the commencement and then dismissed her, can still of the arbitration. look forward to a bright future. This was extremely important In a settlement agreement reached to Ms Viljoen, who did not know at the Commission for Conciliation, what her employment rights were Mediation and Arbitration (CCMA) or how to deal with the matter. in May 2019, Lirizia Viljoen received The favourable outcome means a clean disciplinary record and she can look forward to a new monetary compensation. beginning and a successful career.

The High Court dismissed Qwelane’s constitutional challenge and granted an order in favour of the SAHRC, declaring that the article was hurtful and harmful, incited harm and propagated hatred. The Court also stated that the article contravened section 10 of the Equality Act as the statements constituted hate speech.

Qwelane appealed to the Supreme Court of Appeal (SCA) and the matter was argued on 19 August 2019.

On 1 December 2019, the SCA found the definition of hate speech in the Equality Act to be unconstitutional and invalid, and thus overturned the 2017 High Court STAYING THE COURSE an offensive cartoon, Qwelane ruling and dismissed the Commission’s IN HATE SPEECH CASE made derogatory statements about complaint against Qwelane. In doing members of the LGBTI community. so, the Court ordered Parliament to n one of South Africa’s longest- rewrite section 10 of the Equality Act, I running hate speech cases, staying After receiving approximately 350 saying it was ‘overbroad’ and ‘vague’. power has been a necessity. Having complaints about the article, the represented the South African Human SAHRC launched a complaint against In the interim, the SCA has ordered Rights Commission (SAHRC) in the Qwelane in the Equality Court, arguing that section 10 of the Equality Act matter for 10 long years, we continued the article was tantamount to hate should read as follows: ‘No person to stay the course in 2019/ 20. speech in terms of section 10 of the may advocate hatred that is based Promotion of Equality and Prevention on race, ethnicity, gender, religion or The case had its origins in an article of Unfair Discrimination Act. sexual orientation that constitutes titled ‘Call me names – but gay is not incitement to cause harm.’ okay’ written by Jon Qwelane, a well- Qwelane then turned to the known broadcaster and at the time High Court to challenge the This long-running matter has given our country’s High Commissioner constitutionality of sections 10, 11 rise to new case law and new law- to Uganda, and published in the and 12 of the Equality Act, which making, hopefully bringing greater Sunday Sun on 20 July 2008. In the prohibit the publication of statements clarity and detail to a hotly contested article, which was accompanied by that amount to hate speech. area of constitutional rights.

24 Providing Legal Services

PROVIDING LEGAL SERVICES

APOLITICAL servants, political appointees and JOINT BUILDING AND FOUNDATION OF elected public representatives CONSTRUCTION COUNCIL SOUTHERN AFRICA in SADC member states. enya’s 30-year-old standard mproving public sector We recommended changes to K form construction contract has I governance and effectiveness the foundation’s memorandum of made way for a modern, up-to-date across the Southern African incorporation that would enable it version. We are proud to have been Development Community (SADC) is to meet the requirements of SARS instrumental in the drafting of the the aim of the Apolitical Foundation and helped it to register as a PBO. latest edition of the Joint Building of Southern Africa, which sought Council Construction (JBCC) Contract. our assistance in meeting certain Public sector governance and requirements for PBO status. effectiveness have important Our drafting team had four permanent implications for service delivery members, three from Kenya and The foundation develops and across the SADC region and one from South Africa, who worked delivers non-partisan training we are pleased to be playing under the guidance of a partner in and education for aspirant public our part in supporting this. Kenya and South Africa respectively. This combined effort added great value. For example, after the South African experience of adjudication was shared with the contract drafting team, an adjudication clause was added in the JBCC Contract.

In March 2019, the President of the Architectural Association of Kenya (AAK) expressed appreciation by presenting us with a certificate in recognition of our ‘exemplary contribution’ to the drafting of the JBCC Contract.

We are proud to have been instrumental in the drafting of the latest edition of the Joint Building Council Construction (JBCC) Contract.

25 Providing Legal Services

ONE CAMPAIGN TRUE NORTH SOCIETY

ights set on eradicating extreme he True North Society S poverty and preventable T is a Kenyan NPO that diseases, especially in Africa, the exists to provide mental ONE Campaign advocates for healthcare and other services change by raising public awareness to soldiers and their families. and pressuring political leaders to support policies that save lives. It focuses on addressing the mental and behavioural issues that military As such, this international non-profit veterans develop as a result of their organisation, which was co-founded war experiences. The approach by Bono and other activists, requires is holistic in that it addresses the legal advice and counsel on a variety mind, emotions, body and self. It of issues. Through our membership also focuses on helping with skills of the global Lex Mundi network, we evolution and job placement. were among four member firms in three countries to have assisted ONE. The society runs residential treatment programmes, In Kenya, for example, we advised outreach programmes, year-long ONE in setting up a charitable affiliate. treatment follow-ups, one-on- We are delighted to be associated one, couple and family sessions, with this independent, non-partisan and works to raise awareness organisation, which is rooted in the of the issues facing veterans. values of justice and equality. The True North Society is in the process of publishing a memoire on the founder’s experience of Through our providing mental health support to membership of the military veterans and a collection of stories from military veterans global Lex Mundi about their experiences.

network, we were Our Kenya lawyers reviewed the draft publishing agreement, among four member advised on copyright and data firms in three protection aspects, drafted the interview guidelines to be used in collating the stories, and countries to have Credit: Punghi, Shutterstock. drafted the consent and release assisted ONE. to be signed by the veterans.

The approach is holistic in that it addresses the mind, emotions, body and self. It also focuses on helping with skills evolution and job placement.

26 Providing Legal Services

Credit: Punghi, Shutterstock.

27 Providing Legal Services

FINDING FAITH: For six months, my sole purpose of chaos and persevere through CORPORATE GOES would be to give that right its an often-elongated court roll. CRIMINAL TO CHALLENGE truest meaning in the way that THE CONSTITUTION the drafters of our democracy’s What struck me most about my birthing document intended. time in Court 4 was how close my job was to the news headlines Within the first week of my that were once previously distant arrival, a colleague called me from me on a personal level. I saw over to his desk and showed me how drug addiction tore families a six-minute compilation video apart and how it had ravaged so on YouTube of crimes captured many of this country’s youths. in the Johannesburg area. When violence broke out in the People committing acts of assault, Johannesburg CBD during the anti- theft and robbery, with each clip being foreigner protests, my court roll more harrowing and unnerving than became clogged with the names of the previous. When the video ended, foreigners. Each with a story that I he turned to me: ‘You see the people had to translate into a convincing in these videos… the perpetrators… I legal argument to give him or her have had to represent most of them. the best shot at staying out of jail. By Ayanda Nkabinde And that’s your job now, too’. Not bad people, but people who had spent the best part of their lives Why did I choose to go to Legal Aid? My moral dilemma was clear from running from bad circumstances. early on. Aside from being a test A question posed to me of how unwavering my belief in When the #AmINext? movement incessantly by friends, family the Constitution as a whole was, a highlighted the prevalence of provocative question sprung to mind GBV in the country, my court roll and colleagues alike as I when I woke up every morning: how would become full of men who neared the beginning of could I spend my days fighting to put were accused of dreadful acts of my new adventure. At the alleged criminals back on the street? violence against the women in their time, my answer was simple: lives. Men who sometimes had I began in Court 4 at the Johannesburg previous convictions for rape. But the risk was outweighed Magistrates Court. It is known as these men had the constitutional by the certainty that going a Reception Court where accused right to apply for bail; and the to the Office of the Public persons are brought before court constitutional right to my services. Defender would make for their first appearances after being arrested. There, they are These people, and many others, were me a better litigator. also given the opportunity to now part of my daily life. I cannot apply for bail and to plead guilty lie and tell you that it does not take ix months later, I realise that I must to their charges, if they so wish. an emotional toll. A big part of the S amend that answer as it does not job was learning not to take my adequately capture the value of my It was in this court that I learnt how clients and their issues home with experience. Yes, I have bolstered my daunting and difficult it would be to me. I never truly mastered that. credentials as a litigator. However, represent clients to the best of my through the many characters I have abilities. Consultations with clients I then graduated to trial court, met on this journey, I have had a brush were roughly two minutes long and where I had a brief opportunity to with so many of our country’s painful were held in a poorly lit and crowded establish a reputation as a resolute and complex realities that I am a holding cell where the smell of defence attorney. I am proud to say more passionate, socially aware and marijuana and other, more potent I won more trials than I lost. I learnt empathetic South African citizen for it. substances often still lingered in the air. how to take challenges posed by a particular case – whether through Section 35(3) of the Constitution In that court, I was required to think on the magistrate, the witnesses, the enshrines the right to a fair trial. my feet, find composure in moments prosecutor or my client – in my stride.

28 Providing Legal Services

...I had a brief opportunity to establish a reputation as a resolute defence attorney.

I learnt to improvise and how to recover from the very public failure of stammering through an argument in front of an open court. Mostly, I learnt just how stressful the criminal justice system is for those who are subject to it. This was highlighted to me after I mounted a successful defence for an 18-year-old girl accused of theft; I will never forget the tears of relief in her mother’s eyes and the sense of gratitude that resonated in the warmth of their hugs.

As I conclude this report, I am reminded of the words of Justice Kate O’Regan in Dawood: ‘We are human, and we express that humanity through our relationships with one another.’

My experience at Legal Aid was an extremely human experience. I am grateful to Bowmans for entrusting me to fly the firm’s flag; to my colleagues at Legal Aid who were always kind and who engaged me in vigorous and passionate debate on a daily basis; to the magistrates and prosecutors who gave me a hard time but who compelled me to be resolute; and to my friends and family at Bowmans and beyond for supporting my adventure.

As I conclude this report, I am I may never truly answer many of the questions that plagued me during reminded of the words of Justice Kate my time at Legal Aid. However, I walk away with an affirmed belief in O’Regan in Dawood: ‘We are human, our Constitution, particularly after learning the many faces within society and we express that humanity through for whom it tries to do justice. our relationships with one another.’ May we, as legal practitioners with the potential to change the world, always remember each and every single one of those faces. Our context and our Constitution demands it.

29 Stimulating Debate and Undertaking Research

STIMULATING DEBATE AND UNDERTAKING RESEARCH

11TH BRAM FISCHER 18 September 2019, which we to leave prison for reasons of ill- LECTURE, LEGAL hosted in our Johannesburg health in 1975 and died a few weeks RESOURCES CENTRE office auditorium. later while under house arrest.

Bram Fischer was a prominent Deputy Chief Justice of the The 11th Bram Fischer Lecture, anti-apartheid lawyer, best Constitutional Court, Justice hosted to raise awareness of Raymond Zondo, was the keynote constitutionalism, human rights, known for leading Nelson speaker at the event, which coincided advocacy and jurisprudence, was one Mandela’s defence team in the with the celebration of Heritage of the main activities of the LRC’s Rivonia Trial of 1963 and 1964. Month. Justice Zondo spoke about 40th anniversary celebrations in 2019. the trial and sacrifices of Bram The centre has been at the forefront Fischer, who was found guilty on of the fight for justice and human is contribution to the realisation charges of furthering the aims rights since the apartheid era and was H of social justice and equality of communism and conspiracy founded on the principle that all South in South Africa was remembered to overthrow the Government Africans deserve to live with dignity, during the Legal Resource Centre’s in 1966, and sentenced to life without oppression and with full 11th Bram Fischer Lecture on imprisonment. He was allowed political and socio-economic rights.

30 Stimulating Debate and Undertaking Research

REFUGEE AND SEX WORK IMMIGRATION LAW SENSITISATION WORKSHOPS TRAINING

here are times when the future The need to protect T of refugees and immigrants in sex workers’ rights and South Africa depends on the quality of representation they receive at provide access to justice Magistrate’s Courts hearings. We for this vulnerable group hosted two refugee law training was highlighted during workshops presented by ProBono. sensitisation training Org and Lawyers for Human Rights in May and in October. seminars held for attorneys, advocates and civil society The workshops focused intensively representatives. on refugee, immigration and administrative law and were designed to capacitate legal aid resented in Cape Town, and pro bono legal practitioners, P Durban and Johannesburg, including some of our own lawyers, the training seminars were a to give their clients the best collaboration between ProBono. representation possible. Org and the Sex Workers Education and Advocacy Taskforce (SWEAT), an organisation that has been providing services and support to sex workers for over 20 years.

The Johannesburg training seminars took place at our office on 9 and 10 September 2019. The participants raised many important issues, including that of consent. The point was made that consent is not always easy to define in terms of the law and that sex workers often find themselves in circumstances where they have limited or no choice at all.

Most of the attendees seemed to fully understand the need for the decriminalisation of sex work, and recognised the human rights element of protecting sex workers’ rights and providing access to justice for this vulnerable group.

31 Gallery

GALLERY

16 Days of Activism, GBV panel discussion

SAFFCA auction SAFFCA auction

11th Braam Fischer Lecture Play Africa Courtroom launch

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11th Braam Fischer Lecture Mandela Day, Johannesburg

SAFFCA auction

Play Africa Courtroom launch Izivunguvungu

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Play Africa Courtroom launch

Ayanda Nkabinde

Small business workshop SAFFCA event

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Play Africa Courtroom launch

Small business workshop

11th Braam Fischer Lecture

35 Cape Town, South Africa T: +27 21 480 7800 E: [email protected]

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