Patrick Bracher with guest Mr Tseliso Thipanyane who is on CASAC’s Executive Committee

Patrick Bracher with guest Mr Tseliso Thipanyane who is on CASAC’s Executive Committee

Our guest this week was Mr Tseliso Thipanyane who is on CASAC’s Executive Committee. He will also be the CEO of the Human Rights Commission from 1 June 2017. He was talking about the proposed collapse of several of the Chapter 9 institutions into an umbrella body to be named the the South African Commission on Human Rights and Equality; whether this would ensure “avoidance of duplication of effort”; “the administrative efficiency and effective use of resources”; and “greater accessibility and co-ordinated approach to public awareness of the Bill of Rights”; and the application to extend the 7-day period for public participation and comment on the proposal.

 

Join Patrick Bracher for ProBono Law on alternate Thursdays at 18h30 (GMT+2), proudly brought to you by ProBono.Org and Norton Rose Fulbright South Africa. ProBono.Org actively increasing access to justice! Radio Today (@Radio2Day) broadcasts on 1485 MW (AM) in Johannesburg and countrywide on #DStv Audio Channel 869. Radio Today also streams globally on: www.1485.org.za and 1485.mobi. Radio Today! Radio that delivers!

Home Affairs names and shames SA’s abandoned children

Article published on the Daily Maverick, 18 OCT 2016 01:00 (SOUTH AFRICA), by ROBYN WOLFSON VORSTER.

Child abandonment is a scourge in South Africa. As numbers soar, the battle is on to ensure that abandonment does not permanently define the lives of survivors. But those efforts are being severely hampered by the Department of Home Affairs’ decision to disclose to the public the abandonment status of some children. As a practice, it is shockingly callous, largely inaccurate and probably indefensible, so why is the department seemingly impervious to all of the concern?

There seems to be no end in sight to the abandonment crisis in South Africa. And, in the absence of long-term policy solutions, child protection practitioners aim at least to make it survivable, both physically and – for those who do stay alive – in its emotional aftermath.

To this end, they have dedicated huge amounts of time and skill to researching strategies for protecting children from the consequences of what may be the first event of their lives. While these solutions are complex, they are all predicated on maintaining the privacy of the child’s story until they are ready to face it and relate it to others.

Clearly these thinkers did not reckon on the Department of Home Affairs though. Like a school yard bully, the department seems determined to humiliate these vulnerable children by including an endorsement on their official identity document that broadcasts to the world in general that the child was “ABANDONED”.

Of course it is possible that there was no intent at all, and that the department was simply absent on sensitivity training day. But the crass use of such a loaded term on a public document still beggars belief.

And, as they say in the classics, that’s not all. It also appears that the department has a somewhat loose definition of what it means to be “abandoned” (certainly not in keeping with either the Children’s Act or common usage). As a result, it has included the endorsement on the birth certificates of children who patently weren’t abandoned. Yet, despite the fairly obvious fallout, the department appears to be both unrepentant, and even a bit bemused by all of the fuss.

CLICK HERE for the full article.

ProBono.Org Durban – Labour Law Workshop for the staff of the Aryan Benevolent Homes

ProBono.Org Durban – Labour Law Workshop for the staff of the Aryan Benevolent Homes

ProBono.Org Durban held a Labour Law Workshop for the staff of the Aryan Benevolent Homes on the 23rd of May.

The workshop focused on the proper procedures for Disciplinary Enquiries as well as an overview of the various forms of dismissal. The speaker was Sanelisiwe Nyasulu of Garlicke & Bousfield Inc. The majority of the attendees were a part of management and found the workshop to be very beneficial.

Patrick Bracher with guest Christine Reddell, an attorney at the Centre for Environmental Rights.

Patrick Bracher with guest Christine Reddell, an attorney at the Centre for Environmental Rights.

Our guest this week was Christine Reddell, an attorney at the Centre for Environmental Rights. Christine authored the report on the effectiveness of the Promotion of Access to Information Act (PAIA) in 2016, on behalf of the Access to Information Network.

Join Patrick Bracher for ProBono Law on alternate Thursdays at 18h30 (GMT+2), proudly brought to you by ProBono.Org and Norton Rose Fulbright South Africa. ProBono.Org actively increasing access to justice! Radio Today (@Radio2Day) broadcasts on 1485 MW (AM) in Johannesburg and countrywide on #DStv Audio Channel 869. Radio Today also streams globally on: www.1485.org.za and 1485.mobi. Radio Today! Radio that delivers!

ProBono.Org Cape Town and Bowman Gilfillan invited by Amnesty International to be panelists on the Constitutional Matters programme hosted by Voice of the Cape

ProBono.Org Cape Town and Bowman Gilfillan invited by Amnesty International to be panelists on the Constitutional Matters programme hosted by Voice of the Cape

On the 19th of April 2017 ProBono.Org Cape Town and Bowman Gilfillan were invited by Amnesty International to be panelists on the Constitutional Matters programme hosted by Voice of the Cape, a local community radio station.

The public education programme is aimed at transformative constitutionalism. This particular session focused on the Right to Equality and Access to Justice and Legal Recourse in relation to the horizontal relationship between the State and the Citizen.

17918021_1530775636965026_6025112495754269311_o 17966142_1530775160298407_1594267742367387838_o 18056324_1530775523631704_2255124324399000701_o

 

Our help desks are expanding

Our help desks are expanding

By Shamika Dwarika, Elsabe Steenhuisen and Tshenolo Masha.

 

Help desks have proven to be a good service point for pro bono access. They are well situated and within easy reach for clients who frequent the courts or government departments requiring legal advice.

They are also a convenient and efficient system for attorneys to provide their pro bono hours in a space where they frequently operate and work.

DURBAN

Despite its limited staff, the Durban office runs 11 help desks, which enable us to extend our services to the wider community. In addition to specialised Consumer/Small claims, Refugee, Housing, Labour, Family and Deceased Estates help desks that are based at the Durban office in the CBD, there are several general advice help desks. These are based at the Chatsworth, Ntuzuma and Umlazi magistrates’ courts.

A number of new projects have recently been added. In December 2016, a general advice help desk was launched at the Verulam Family Court which is held on the first Tuesday of every month and is accessible to residents of the Verulam, Ottowa and Phoenix communities. The project was launched with the co-operation of the Department of Justice and there has been no shortage of attorneys willing to staff this help desk.

The office recently partnered with the KZN Blind & Deaf Association to conduct monthly workshops for their beneficiaries, and held a once-off help desk in December 2016 with six attorneys in attendance. There are plans to run a similar help desk for the Pietermaritzburg branch in due course.

In a new development, a general advice help desk will be held in the Durban High Court in partnership with the KZN Law Society. The help desk will be the first of its kind for the Durban office and will run daily from 09:00 – 12:00. ProBono.Org had a test run on 14 March and the help desk will officially launch on 10 April. This help desk will be staffed by attorneys with a minimum of 5 years experience. If any attorneys are interested in participating in this new venture, please contact ProBono. Org’s Durban office on 031 301 6178.

JOHANNESBURG

A divorce legal clinic started on 7 February 2017 at the Johannesburg Regional Divorce Court with one attorney and one advocate attending on Tuesday mornings. Ten candidate attorneys joined the programme on Monday mornings under the supervision of Adv. Elsabe Steenhuisen. After training at the court on 13 and 20 March 2017, they started to assist the public from 27 March. On average, they assist 10 members of the public per session.

As a pilot project and in support of the SA Law Reform Commission’s paper, Project 31: Family Dispute resolution, the clinic has involved the pro bono services of mediators and counsel. The aim is to offer a complete service to the indigent, and if the divorce disputes cannot be settled by mediation and settlement agreements, counsel will continue with pre-trials and trials. The focus is on dispute resolution regarding assets, and allowing children to voice their opinion in an attempt to curtail conflict.

The involvement with the clinic has led to training for counsel (two sessions) and candidate attorneys (four sessions). More training is planned on different types of curatorship in family disputes (May 2017), and the functioning of children’s courts (June/July 2017) which will be open to all legal practitioners.

Following a call by conveyancers at a pro bono briefing session held at the Johannesburg Deeds Office, we are setting up a help desk at the Deeds Office. This help desk will form the basis for a similar help desk at the Pretoria Deeds Office. We are aiming for the help desk to be operational by May.

 

DOWNLOAD THE COMPLETE APRIL 2017 NEWSLETTER

Thanking our Pretoria pro bono lawyers

by Neo Chokoe.

 

Screen-Shot-2017-04-24-at-1.36.30-PMOn 6 April 2017 ProBono. Org Pretoria hosted its first Lawyers Appreciation Ceremony to say thank you to the lawyers that have done pro bono work in collaboration with its office. The event was attended by 38 guests including Judge Mudau from the Gauteng Division, Johannesburg.

The Pretoria manager, Neo Chokoe welcomed the guests and thanked the sponsors who made the event possible through their donations. They were Maponya Inc, R W Attorneys, Savage Jooste & Adams, Lexis Nexis, Gildenhuys Malatji, Hahn & Hahn, Rudolph Jansen SC and R O Waters.

Ms Baitseng Rangata, the CEO of Maponya Inc and Secretary General of the Black Lawyers Association addressed the gathering on the importance of serving members of the community on a pro bono basis. She mentioned that the Black Lawyers Association is committed to pro bono work and will continue to encourage its members to do more. She stressed that it feels good just to be appreciated and that a ‘’thank you’’ goes a long way even when it does not come with monetary reward.

Ms Erica Emdon, the National Director of ProBono. Org, thanked the lawyers for their commitment to pro bono work before handing out the certificates of appreciation.

 

DOWNLOAD THE COMPLETE APRIL 2017 NEWSLETTER

Celebrating Human Rights Day with children<br/> – 21 March 2017

Celebrating Human Rights Day with children
– 21 March 2017

by Elsabe Steenhuisen.

A special day for the children in homes in the inner city of Johannesburg was organised by Lefika La Phodiso at the restaurant area at Constitution Hill. One of the organisations participating was the Art Therapy Centre, which uses art to assist children to deal with their emotions, to develop self-esteem and to develop skills in art.

The theme was about safe spaces and what is required to create a safe physical and emotional environment for children, in line with the Constitution.

The guest speakers were Advocate Elsabe Steenhuisen of ProBono.Org and Luke Lamprecht, a social worker who chairs the Johannesburg Child Advocacy Forum (JCAF).

Elsabe Steenhuisen demonstrated to the children how the law is creating safe spaces for children in need. She filled a glass bottle with sand, stones and water to illustrate that the law keeps children safe just as the bottle keeps the stones. Children should know that even if a situation seems hopeless, the law can still create a safe space, like the sand and water that finds a gap between the little stones.

Luke Lamprecht conducted a question and answer session on the rights of children. The children talked about food, shelter, education, love, discipline, guidance, protection, respect, a safe environment and the time to play.

The event ended with lunch and music by Zwai Bala.

 

DOWNLOAD THE COMPLETE APRIL 2017 NEWSLETTER

12321