Pro law for all

Issue 19 October 2011

Intro In this issue ProBono.Org is fortunate legal assistance such Back row:  Intro: to have a wonderful, as making phone calls, Bianca Waskow, Peggy  energetic and committed writing letters, negotiating Makgoatha, Reshma Vallabh, Michal Johnson Lwazi Nkosi, Eveline Abendanon, and the Eversheds group of volunteers with opponent attorneys, Lebohang George and interns. They are preparing briefs for signature project Front row: involved in a wide range attorneys and advocates Webster Chimanga, Lungile  Werksmans of activities and gain a and translating if required. Segabi, Mbatho Molokomme gives consumer number of general office law workshop to skills. They also undertake community basic legal work which  ProBono.Org may include interviewing volunteers and clients, filling in intake interns sheets, assessing  What’s happening in whether clients fulfill the Durban? means test, recording the essential facts, taking  SASLAW and statements, writing ProBono.Org launch affidavits, determining  Upcoming events whether matters have  ProBono Law merit or not, undertaking research, giving direct

ichal joined access to justice. precedent in South Africa Michal Eversheds in May for prisoners, who have Some of Michal’s recent 2011 and in less than been trying for a number M successes include: Johnson six months made her mark of years to obtain their trial by her hands-on approach • She successfully transcripts. and the represented Biowatch South and successes in a number of • She obtained a court order Africa in proceedings before landmark cases. on behalf of Kitty and Puppy Eversheds the Competition Tribunal to Michal says she has always Haven in Alexandra in enable it to intervene and been interested in assisting terms of which the City of signature make submissions regarding people in the promotion Johannesburg’s application the public interest element and protection of their to close it down would be project of the merger between fundamental rights and postponed, pending the United States based Pannar ensuring that vulnerable outcome of its rezoning Representing Hi-bred Inc and KwaZulu members of society, who application. the homeless, Natal based Pioneer Seeds would otherwise be unable refugees, or cats (Pty) Limited. In addition to representing pro to realise their rights, are bono clients, Michal is also and dogs – it’s all • She assisted 29 individuals assisted. Joining the pro bono actively involved in various in a day’s work for in obtaining their trial department has allowed her clinics, some in conjunction transcripts through a court Michal Johnson, an to realise her ideal of helping with ProBono.Org, and in order, which some had associate in the pro as many people as possible giving seminars and raising been trying to secure since bono department at that would otherwise not have awareness for various causes. 2006. This matter has set a Eversheds.

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Eversheds department. assistance, if necessary It covers the following • Assisting with drafting of signature areas: complaints etc • General advice on the In order to create awareness project issues raised by claimants with the public of their In September 2011 • Preliminary assessment rights and to promote the ProBono.Org and Eversheds of the merits of claims clinic, it is envisaged that launched a new clinic to presented community education assist members of the • Preliminary advice on workshops, presented public with claims against issues like prescription, by the personal injury the police. The clinic is compliance, jurisdiction department of Eversheds, held on the first Tuesday etc will be given to the non- Michal Johnson of every month, staffed • Referral to other profit organisations that by professionals from state departments for are currently working with Eversheds’ personal injury ProBono.Org.d Werksmans gives consumer law workshop to SANCO

n Friday, 30 thus their communities, and that South African and safe in the knowledge September, on our spanking new consumers in particular that should further O2011 the South consumer protection laws. are the most protected in assistance be required African National Civic Werksmans Attorneys and the world. Go tell that to they are welcome every Organisation (SANCO) ProBono.Org did the rest. your community! Wednesday from nine secured the Methodist Tamsyn Mountjoy from The enthusiasm was to noon at the offices of Church on Albert Street in Werksmans unravelled the heart warming. The ProBono.Org up on Con downtown Johannesburg. National Credit Act and leaders requested a hard Hill, where experienced It also rounded up the National Consumer copy of the hard facts to attorneys from Werksmans community leaders from Act, commencing with take home and digest and will do the rest – pro bono. far afield who came to the notion that after all, explain further. educate themselves, and everyone is a consumer, They left empowered

page 2 ProBono.Org’s interns and volunteers speak out

We asked our ● Peggy Makgoatha ● Webster Chimanga completed his LLB completed her LLB in at the University of the Witwatersrand interns and 2009 at the University of (Wits) in 2009. He has been working for volunteers a bit Limpopo. She is a family ProBono.Org since June 2010. law intern at Probono. about themselves “The experience, Org and works on the and their knowledge and the great maintenance help desk working environment that experiences at project. ProBono.Org has provided ProBono.Org: “Probono.Org has given me the opportunity have been the key to to make a difference in the lives of others in my personal and career a big way, especially through maintenance growth”. which is very close to my heart,” she said. ● Anthony Sterne works at the Durban ● Bianca Waskow is currently in Refugee Clinic as a volunteer. He has her fourth year of legal studies at the a diploma in labour law, a diploma in University of Johannesburg. She says: business management and is currently doing his second year LLB at the “I am very excited about my internship University of South Africa (UNISA). He at ProBono.Org because of the valuable wanted to be a tax attorney since the age experience I am able to gain. The most of thirteen and it has taken him twenty- important aspect is getting acquainted with five years to be able to “get to study law”. the practical application of our theoretical He says that working at the refugee clinic studies. Understanding that every case is is an interesting experience. not cut-and-dry and learning to deal with the human element in every matter has “ It is an eye opener into the challenges that been enlightening.” refugees face and these are skills we can not learn in books”. ● Maggy Kucera is visiting student from the United States where she is majoring ● Lwazi Nkosi is a volunteer intern in in Human Rights at Bard University. She the family law department at ProBono. came to Johannesburg in July to study Org. He started in April 2011 and is with the Wits International Human Rights currently completing his Exchange Programme. During her time final year BCom Law at ProBono.Org she has undertaken degree, at Wits. research on funding opportunities “The practical exposure that might be available to ProBono. at ProBono.Org has Org through international and local allowed me, as a legal organisations that support non-profits and intern, to develop my ability to apply legal NGOs. concepts to real-life situations and to learn ● Lungelo Magubane an intern in beyond the scope of ‘traditional lecture Durban is studying for his final year LLB halls’. Initially, the process of conducting degree, at the University of KwaZulu- a consultation was daunting, but with the Natal (UKZN). support I received from my supervisor, I gained confidence in my abilities. I am “Although performing community service is grateful for the fact that my knowledge in not yet a requirement for admission as an the practice of law, as well as my practical attorney or advocate, I believe it should be. skills set, is continuously being developed”. I am discovering aspects of the law, which are not much spoken about at university, ● Ernest Ntsoane was born, raised and and the law’s power to bring relief where it matriculated in Gamphahlele, Limpopo. is needed the most. An example of this is He graduated with an LLB degree from refugee law, and the significant impact that UJ in 2010. He says that he is our intervention can have on someone’s life. “very grateful to ProBono.Org for giving Once I become a practicing member of the me the opportunity to experience the joy of legal profession, I will champion the cause making a difference in the lives of ordinary of ProBono.Org within every organisation people.” that I am part of”. (Good one! Lungelo, ed)

page 3 ProBono.Org’s interns and volunteers speak out

● Lebogang George is a final year law eventually take what I have learned back student at Wits. She started working to my town and all the surrounding small at Probono.org as a volunteer intern in communities”. May 2011 and so far, she has this to ● Eveline Abendanon is a committed say: “ My experience has been nothing volunteer who has been with ProBono. close to what I imagined. Probono.org is Org since January 2010. not a place where as a volunteer you are assigned to photocopying or making tea “As time permitted over the last decades, for the directors. Instead you get hands on I volunteered at the 702 Helpline and the real legal experience, you get to deal with Family Life Centre, cases, and you get to consult with clients which took me from and to liaise with other attorneys regarding my comfort zone to a the client’s matter. I have definitely place I infinitely prefer: enjoyed working at Probono.Org … The people with real needs. environment is also something to admire; I read about ProBono. everyone is willing to help, to teach and to Org in the newspaper and motored up share some knowledge or advice. Thank- Constitution Hill to offer my services. I you Probono.org the journey is amazing.” am still here, nearly two years later. From statistics to marketing, my contribution to ● Reshma Vallabh is a 3rd year LLB this office full of dynamic people is my way student at UNISA having joined ProBono. of reaching out to the less privileged. There Org in 2010 as an intern. is not much out there more satisfying than “Being a part of this NGO has not only giving.” assisted me with my studies but it has ● Lungile Segabi holds taught me that there is much more to the a BCom degree from the legal sector than just the academic side UKZN and an LLB degree of it. The attorneys within the organisation from Wits. have shown me how to focus myself as a paralegal within the fraternity”. “My experience at ProBono.Org has taught ● Mzamo Nkosi is a LLB graduate from me to be a better listener, taught me to UKZN. He was born and raised in KZN be able to communicate effectively with in a small town called Stanger and was people, to carry out instructions and to a legal intern at a municipality before carry out my duties within a specified joining ProBono.Org. He is currently deadline”. employed as an administrator at the SASLAW-ProBono.Org advice office ● Thando Mbhele is at Wits majoring in at the Johannesburg Labour Court on international relations and law. At the end clinic days and the rest of the time at the of her studies she would like to become a ProBono.Org office. human rights lawyer. ● Mabatho Molokomme, who was born “ As an intern at ProBono.Org I have taken and grew up in Polokwane, has an LLB part in consultations between clients and from Wits. She worked for a law firm for legal advisors, and I undertake research a period of three months after graduating and write up legal briefs. I enjoy the chance but soon felt that corporate practice was to be hands on and to do legal actual work. not for her. This opportunity is most enjoyable as I am able to put my theoretical studies, which “My main passion is not to make money I learn at varsity into play. Being an intern and reach office financial targets. I moved at an organisation like this makes you feel to ProBono.Org as a volunteer intern. I as though you are slowly getting closer to found my passion and purpose in helping achieving your dreams.” those who need the help the most and cannot afford it. I have learned so much in the few months that I have worked for ProBono.Org. My five-year plan is to What’s Happening in Durban i Launch of SASLAW Civil Society as a gauge of public interest concerns 27 Sep 2011

Civil society, represented by NGOs and community based organisations, On Tuesday evening 27 September 2011, is at any time, a gauge of pressing public interest issues. As part of our judges, attorneys, labour court staff and service to source and identify meaningful pro bono work, we regularly media representatives gathered for a meet with NGOs and CBOs to learn about their experiences. celebration: the official opening of the During the last two months, our Durban office had a number of such Johannesburg Labour Court pro bono engagements with the Community Law & Rural Development Centre advice office in Braamfontein. (CLRDC), Refugee Pastoral Care, the KwaZulu-Natal Refugee Council, and Stop Crime Say Hello. These encounters all contribute to us better In the pilot period 1262 clients were seen delivering on our service to facilitate the identification of pro bono matters by individual participating attorneys. The for lawyers. latter spending a collective 1057 hours on The CLRDC is a non-profit organisation with the mission of playing this pro bono labour court project. a pivotal role in the sustenance of a human rights culture. It works in A spanking new office was presented by deep rural areas, and has 32 community-based advice offices and Judge President Dunstan Mlambo and paralegals who assist communities with immediate legal problems such Anton Myburgh SC, which promises to as workplace disputes, clashes between constitutional and customary become a hive of activity every Tuesday, law view points, etc. The paralegals have received basic training from the CLRDC, and could benefit greatly from regular back up by attorneys on Wednesday and Thursday from 9 am to 2 more complex legal matters. pm. Justin Foxton, the founder of Stop Crime Say Hello, uses the simple A visibly proud Mr. Myburgh SC, The South message of “say hello” as a way of working towards a culture in which we African Society For Labour Law (SASLAW) acknowledge the dignity of the other. He established a place of safety for national president and national chairperson abandoned babies, and became involved in the KZN Adoption Coalition. of the Johannesburg Bar, welcomed all and Foxton’s experience and that of the KZN Adoption Coalition point towards thanked those who took this project on and unacceptable delays in the current adoption process. The estimate, which forward. in itself is problematic, is that there is between 2 and 2.5 million adoptable babies in South Africa. In contrast, last year the Durban Children’s Court With partners did 19 adoptions. Could it be argued that preventing orphaned babies such as ProBono. from being adopted, to grow up with families rather than in institutions, is Org and Legal Aid a form of neglect? South Africa, and Refugee Pastoral Care and the KZN Refugee Council both assist with the support the refugee communities in Durban. Our Refugee Legal Clinic is of committed complimentary to their services. Refugee Pastoral Care, which is a individual project of the Catholic Church, focuses on refugees who have newly attorneys, law firms arrived in Durban, and assists them with orientation, literacy classes in and advocates, any English and Zulu, temporary accommodation and school fees. The KZN person with limited Refugee Council on the other hand is made up of a number of country financial resources representatives, and this structure disseminates useful information to the refugee communities in Durban. can step into this advice office and ProBono.Org is regarded as a stakeholder by government because of receive legal assistance free of charge. our role in improving access to justice; and it was in this capacity that we participated in the Legal Aid South Africa Stakeholder Forum and the Judge President Mlambo expressed the Department of Justice KwaZulu-Natal Maintenance Indaba. wish that the following message get out to Being involved in the Department’s KwaZulu-Natal’s Maintenance the streets: the law is indeed for all, not Indaba, gave us a unique understanding of some of the challenges in the just for those who can afford it. maintenance system. The idea was mooted that one way in which the SASLAW is also working very hard to maintenance system could be simplified is to remove the discretionary element, as is the case in maintenance systems in Australia and secure a first for Africa, namely the elsewhere. possible hosting of the 21st World Congress of the International Society for The Legal Aid South Africa Stakeholder Forum was an opportunity to Labour and Social Security Law in Cape learn about its strategic plan for the next five years. Legal Aid South Africa envisages making a strategic shift, which will include: enhancing Town in 2015. Quite a feat considering the and expanding new forms of legal aid access; client-focused legal mere 17 years South Africa has been a aid delivery; quality, rights-based legal aid services delivering desired constitutional democracy. outcomes; and financial and non-financial sustainability. With civil work Perhaps from this world stage we will have making up only 7.5% of its work, and of that 40% being family law another chance at getting that message matters, 4% labour and 2% land matters; the role for pro bono legal services to facilitate legal services for civil matters of poor people, is out, everywhere, the law is for all. evident.

page 4 ProBono Law Upcoming Events Our fortnightly Radio Today radio programme, hosted by Patrick ProBono.Org will be hosting the following events in Bracher of Deneys Reitz, is aired the next few months: on 1485 AM in Johannesburg and nationally on DSTV audio channel Johannesburg 169 every second Thursday at 25 November to 10 December 1 December 18h30. Podcasts are available on Radio Today website and 16 days of activism – ProBono. World Aids Day event – ProBono. ProBono.Org’s website. Org is organising for attorneys to Org is organising an event for this attend shelters that accommodate important international human Over the next few months, the women. The attorneys will provide rights day. Details will be published following shows will be on air: a presentation on the Domestic on our website nearer the time. Violence Act and offer pro bono 10 November: Iain Currie of the legal advise. If you are interested Corporate Governance Wits Law School will talk about the in assisting please contact Workshop for NGOs - ProBono. Protection of Personal Information [email protected] Org will be holding this workshop, which is aimed at assisting NGOs Act. He will introduce the Act, 25 November and CBOs convert in terms of which aims to protect individual’s the new company law legislation personal information, and will look Customary Marriages during November. For details, at the difference the Act will make educational workshop – please contact kisha@probono- to the South African law of privacy. ProBono.Org will provide a org.org community law educational 24 November: Nozipho workshop on customary marriages Durban Mngomezulu of Webber Wentzel at the Methodist Church on Albert The much-anticipated launch of the will talk about hate speech. Street, Johannesburg from 10h00 – 12h00. For further information SASLAW/ProBono.Org Labour contact [email protected] Court Project will take place in Durban during November. Space November Wills Project will be limited. For more details, education workshop with contact [email protected]. Teboho Trust - This workshop, to be held at a venue in Soweto will provide members of the community with information pertaining to succession planning, guardianship and wills. For further information Patrick Bracher and guest Neil please contact kisha@probono- Kirby Radio today org.org

The South African Society For Labour Law (SASLAW) Launch in Johannesburg

Pro law for all

1st Floor West Wing Women’s Jail Constitution Hill •1 Kotze Street Braamfontein tel: 011 339 6080 • fax: 011 339 6077 www.probono-org.org

7th Floor Tower A Salisbury Centre 347 Dr Pixley kaSeme Street Durban tel: 031 301 6178 • fax 031 301 6941