Participation in Africa Month

Participation in Africa Month

By Muchengeti Hwacha, Johannesburg Intern.

As an organisation that works to protect and promote the rights of refugees, migrants and asylum seekers, ProBono.Org was invited to join a coalition of civil society organisations in planning events to celebrate Africa Day.

Given the recent xenophobic rhetoric from leaders across the political spectrum and the resultant violence it instigated, the coalition decided it was important to unite people around the hashtags ‘#AfricaForAll and #IAmAnAfrican’. The events were intended to engage with various stakeholders to address the causes of afro-phobia in South African society and the lack of government accountability when said phobia leads to violence and death. More importantly the events were intended to provide a space for open and honest dialogue that would breed common understanding among a divergent group of people.

 

The events included:

Youth Engagement at the University of Pretoria

This engagement with international students at the University of Pretoria was intended to get an understanding of what it is like to be a young foreign national living, working and studying in South Africa. The turnout was overwhelming and the engagements thought provoking. Issues of language barriers, tribalism and stereotyping were highlighted as key concerns among the youth population. ProBono.Org organised, catered for and moderated the event.

Youth Dialogue at the Diepkloof Welfare Centre

This dialogue, held in the heart of Soweto, brought a message of understanding and inclusiveness to the Diepkloof community. The event created a platform for three brilliant speakers from the refugee, migrant and asylum seeker community to share their experiences with Diepkloof residents. The ensuing dialogue brought out strong emotions from both the residents and the speakers. The raw emotions expressed, rather than being divisive, actually allowed for an open and honest interaction which led to a deepened understanding of one another. ProBono.Org assisted in organising and moderating the event

For media coverage on the Youth Dialogue follow the link below:
https://sowetourban.co.za/59194/ diepkloof-residents-given-insightsimmigration/

Stakeholder Dialogue at the Constitution Hill Precinct

This dialogue provided a platform for professionals who work to protect and promote the rights of refugees, migrants and asylum seekers to speak about their work and highlight the challenges facing this community. The event also allowed for government officials to respond to the criticisms laid against them by the professional group. This high level engagement created an opportunity for interaction and potential collaboration between civil society and government officials working in the space. ProBono.Org assisted in planning and formed part of the panel of civil society speakers. Tshenolo Masha, the head of the Refugee and Immigration department at ProBono.Org, spoke on the legal perspectives of the migrant experience.

Africa Day Festival at the Catholic Archdiocese, Doornfontein

After all the serious discussions mentioned above the coalition decided to create a more celebratory atmosphere with a festival held in the middle of Johannesburg. This event brought together people from 20 different African countries to share food, fashion and music. The programme included live musical performances, a fashion show and various other activities for the whole family. ProBono.Org assisted with financial and logistical support.

The following organisations participated:

The Foundation for Human Rights (FHR), The Consortium for Refugees and Migrants in SA (CoRMSA), Constitution Hill, Amnesty International, Lawyers for Human Rights (LHR), The Centre for the Study of Violence and Reconciliation (CSVR), Africa Diaspora Forum (ADF), The Jesuit Refugee Service (JRS), The Refugee Children’s Project, The SA Congress of Non profit Organisations (SACONO), the City of Johannesburg, the Department of Arts and Culture, the Department of Justice and the Action Support Centre (ASC).

Click here for our complete June 2019 Newsletter

<strong>National Elections</strong> – a mediator’s perspective

National Elections – a mediator’s perspective

By Muchengeti Hwacha, Johannesburg intern.

On 8 May 2019 South Africans went to the polls for national and provincial (general) elections for only the sixth time in the democratic Republic’s short 25 year history, and only the fifth time that the Independent Electoral Commission (IEC) facilitated the election process. Despite that relatively short history the IEC has managed the monumental task of holding regular elections that have been deemed both free and fair by local, regional and international observers. At this critical time in South Africa’s democratic history I am proud to say that I assisted in a successful election process. Upon the recommendation of the national director, I was appointed to form a part of the IEC’s Gauteng conflict mediation panel. I was honoured to participate in deepening the roots of this fledgling democracy.

The IEC received a significant amount of criticism following the elections. However, at the risk of being deemed conflicted, I would like to provide some context for the enormous task that the IEC takes on every five years.

The IEC was formed on 17 October 1996 as one of the so called ‘Chapter Nine’ institutions, established under the Constitution. These institutions are tasked with strengthening constitutional democracy in the Republic. Under section 190 of the Constitution the IEC is specifically tasked with;

(a) managing the elections of national, provincial and municipal legislative bodies
(b) ensuring that those elections are free and fair, and
(c) declaring the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.

These three tasks look simple enough, but have often been the cause of violent conflict the world over, and more recently with our SADC neighbours; Kenya, Zimbabwe and the DRC. The cautionary tale of property damage and loss of life that played out in these countries illustrates the weight that is on the IEC’s shoulders every election cycle. These fears were compounded by various incidents in the lead up to the 2019 general election, including;

  1. The flare up of xenophobic violence in Durban
  2. The service delivery protests in Alexandra
  3. The Western Cape High Court ruling that threatened to postpone the elections
  4. A Constitutional Court ruling that required the voters role to include addresses
  5. The threatened strike action by IEC employees

The IEC is constitutionally mandated to handle all the issues above and more. Above and beyond this, the IEC was required to train, equip and mobilise a labour force of over 200 000 employees and approximately 50 000 volunteers. This staff contingent was to be spread out across 28 700 polling stations across the country. The challenge is made more onerous when one takes into account that this has to be done in co-ordination with the South African Police Service, the South African Defence Force, the National Disaster Management Centre, the various media houses, political parties and over seventeen and a half million voters. There is no private or public institution that has to mobilise that number of people, over such a short space of time.

It is within this context that the IEC had to operate, and if the statements of the various domestic and international observer missions are anything to go by, the institution succeeded. The issues that were highlighted by a number of the smaller parties and noted by the larger ones were important but overwhelmingly immaterial and negligible.

As a conflict mediator I personally witnessed IEC officials, spurred on by a commitment to the South African democratic project, going above and beyond the call of duty to serve this Republic. In what some political leaders declared the most important elections since 1994, I was honored to serve alongside them.

 

Click here for our complete June 2019 Newsletter

The importance of estate planning and having a will in place

By Naeelah Williams, Cape Town

Estate planning can be defined as planning and preparing for the transfer of a person’s assets upon death. Policies, pension funds, immovable and movable property all form part of one’s deceased estate. However, so does one’s debts and liabilities.

This article aims to amplify the significance of estate planning and will elicit important factors to be considered when doing so.

Planning one’s estate is crucial to ensure that your loved ones are looked after when you pass on. Having a Will drafted is therefore a vital part of getting your financial affairs in order and the foundation of every person’s estate plan.

ProBono.Org Cape Town has seen a number of clients who require assistance with the winding up of a loved one’s estate, only to discover that the deceased estate does not have the necessary liquidity required to settle the debts in the estate, or that people who have never cared for the deceased are to inherit. In most instances this results in extremely trying times for the family members, heirs and dependants of the deceased.

Here are four important factors to consider when doing the necessary planning:

1. Have a Will drafted by a qualified professional.

There are certain formalities in terms of the Wills Act, 7 of 1953, that have to be complied with in order for a Will to be accepted as valid by the Master of the High Court. Many clients approaching ProBono.Org present Wills that often do not comply with all the prescribed formalities which, in essence, renders the Will invalid.

– Once drafted, it is of utmost importance to review your Will on a continuous basis and to ensure that it is up to date, especially after major life events such as death or divorce, and
– Leave clear directions with someone you trust as to where your Will can be found.

2. Take care of who you appoint as the Executor of your estate.

Understanding the importance of this becomes apparent when one understands the role of the Executor. The Executor is the person you appoint to be in charge of your financial affairs after your passing. The Executor’s role is an important one and it is essential that you consider whether the person you are appointing understands the responsibilities of administering a deceased estate.

3. Nominate legal guardians for your minor children.

This is of utmost importance if you have minor children. A testator has the freedom of testation and may appoint in his or her Will the person who will act as the children’s guardian upon his/her death. In almost all instances, the surviving parent becomes the guardian, and for this reason many people tend not to appoint a guardian when drafting a Will. However, we urge people who are in the process of getting their affairs in order to nominate a guardian in the event that the surviving parent passes away. This is essential as every parent would want the person acting as the guardian of their minor child/ren to give him/her the same love and care the parent would have given.

4. Consider how your debts may affect your estate.

The heirs to your estate are often burdened by the debt you incurred during your lifetime. It is thus important to be honest with your heirs and to start paying off your debt while you are still alive or, alternatively, to consider taking out some form of life or debt protection insurance.

It is of paramount importance to take heed of the implications of passing on without leaving a valid Will. In South Africa, if a person passes on without a valid Will, his/her estate will be administered in terms of the Intestate Succession Act, 81 of 1987. Intestate succession involves matters around ‘blood’ relationships. If one passes on intestate, one’s estate will be inherited by his/her closest blood relatives. This would entail that the deceased’s spouse will receive R250 000, 00 or a child’s portion, whichever is greater. The residue of the estate will be inherited by his/her children in equal shares. Should the deceased pass on without leaving behind a surviving spouse, the entire estate will be inherited by his/her children in equal shares. If the deceased passes away without being survived by a spouse, or any descendants, the estate will be inherited by his/her parents and thereafter by his/her closest blood relative/s.

Comprehending and dealing with the loss of a loved one is devastating. It is however advisable and strongly recommended that family members make contact with the Master of the High Court and all other relevant financial institutions as soon as is reasonably possible, as fraud and criminal activity are rife even during trying times such as death.

 

Click here for our complete April 2019 Newsletter

Section 17 of the Consumer Protection Act, the lacuna

By Sanele Zondi, Durban Intern

The Consumer Protection Act, 68 of 2008 (“the Act”), is one of the most important pieces of legislation for the indigent. The purpose of the Act as per section 3(1) is to promote and advance the economic and social welfare of the consumer by providing the legal framework for achieving a consumer market that is fair, accessible and responsible. The Act provides for a variety of consumer rights, but the most notable is section 17, which provides that consumers can now cancel reservations, bookings and orders, except for special ordered goods, and the supplier of the goods and services may impose a reasonable charge for cancellation.

The drafters of the Act however left a lacuna that the suppliers of goods and services have been able to exploit and use to their advantage. The term “reasonable charge” is not defined in the Act and as a result suppliers of goods and services often impose exorbitant cancellation charges to prevent consumers from cancelling their reservations, booking or orders, or to make a substantial profit despite the cancellation.

Looking at case law for an interpretation of a reasonable charge, we have found the case of Lombard V Pongola Sugar Milling where the court held that a reasonable charge/remuneration would be the usual charge for the goods. We need to consider the purpose of the Consumer Protection Act, that is to promote the economic and social welfare of consumers. Imposing exorbitant cancellation charges goes against the purpose of the Act as it creates an unfair and inaccessible market, especially to the indigent who were intended to be the beneficiaries of this legislation.

One respectfully submits that most suppliers of goods and services still follow and view cancellation of a reservation or order as repudiation and the imposition of a reasonable cancellation charge as restitution. This however, is not the approach that the Act envisages. The Act envisages the promotion of social and economic welfare of consumers and it is submitted that regulation of the reasonable charge is necessary.

 

Click here for our complete April 2019 Newsletter

Unlawful Property Sales and Illegal Evictions by “Agents”

By Zunaid Latief, Cape Town intern

In South Africa the conventional purchase and sale of immovable property is administered by registered estate agents who analyse the property market, accompany clients to property sites, discuss and advise on conditions of sale and prepare agreements of purchase and sale between buyers and sellers. The process is further overseen by a conveyancer, who ensures that the necessary legal formalities are complied with and essentially ensures that transfer and registration take place.

Although it is legal for owners and prospective purchasers to buy and sell immovable property privately, it has become apparent that the Cape Flats and township areas within the Western Cape have been plagued by the presence of ordinary community members, who undertake to facilitate the process without the necessary mandate, or complying with the relevant legal framework. These individuals are often referred to as “agents” but are neither legal practitioners nor registered estate agents. In essence, their sole aim is to benefit from a healthy commission on conclusion of an unlawful transaction.

Common practice amongst these individuals entails the facilitation of a purchase and sale of immovable property by way of an affidavit and cash transaction. In the event that either the buyer or the seller has a legal dispute after the agreement has been concluded, it places them in a precarious position, as they find they have limited legal recourse available to them. At this stage, the “agent” has already received his or her compensation and is nowhere to be found.

The Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) safeguards South Africans from being unlawfully evicted from the land or property they occupy. It further sets out the procedure for the eviction of unlawful occupiers of land and avers that no person may be arbitrarily evicted from their home. Attorneys are therefore often appointed to ensure that eviction proceedings comply with the provisions of the Act. However, in light of consultations held with affected parties, it is evident that these “agents” blatantly disregard the provisions of the Act. In situations where the seller’s property is occupied by tenants or backyard dwellers, the “agent” often acts as an enforcer and proceeds to eject these occupiers forcefully and illegally.

It has become clear that a number of underprivileged and marginalised individuals are completely misguided and have little to no knowledge regarding the legalities related to the purchase and sale of immovable property, as well as the eviction process, and they become easy targets for these so-called “agents”. In an attempt to combat this scourge, ProBono.Org Cape Town has embarked on a mission to host several community legal education workshops in affected areas. The aim of these is to empower and enlighten marginalised individuals with basic knowledge in respect of the acquisition and disposal of immovable property and the legal implications in respect thereof. These workshops also focus on and break down the PIE Act, with the aim of educating community members in respect of their rights and responsibilities relating to eviction disputes.

 

 

Click here for our complete February 2019 Newsletter

Dialogue on Mandela the Lawyer

Dialogue on Mandela the Lawyer

In collaboration with the Nelson Mandela Foundation (NMF), ProBono.Org held a dialogue on Nelson Mandela the legal practitioner on 11 October to mark the centenary of Madiba’s birth.

The conversation was the first of several planned to start a conversation about the importance of pro bono work and the ethics and values needed to reshape the profession to be more public-spirited. The conversation was started by Sahm Venter, senior researcher at the NMF, who emphasised the importance of pro bono work during apartheid and the work of the Independent Defence and Aid Fund (IDAF) established by Canon John Collins of St Paul’s Cathedral to defend political activists.

Former Constitutional Court Judge Albie Sachs spoke about how Madiba the lawyer was a commanding presence in a courtroom. He stressed the importance of not seeing Mandela the lawyer as a conflict with Mandela the revolutionary. He used the law to make a living and also to fight for his people in court. His legal experience also helped him when it came to drafting the Constitution.

Lwando Xaso, senior associate at ENSafrica, found Mandela’s speech about being “a black man in a white man’s court” relevant today for young black lawyers in law firms where they are expected to dress and act according to the firm’s culture and thereby feel they are losing their own culture and feel alienated in their workplaces. It is sad that even as transformation is on people’s lips and in their policies, they do not make an effort to get to know their black lawyers. Several audience members, who were mainly young black lawyers, echoed this feeling. One said that she had found that in her community people did not know about the Constitution and she felt she could give back by educating them about the law.

ProBono.Org National Director, Michelle Odayan, who facilitated the dialogue, said that legal practitioners who give their time and experience to provide access to justice should not be regarded as poor and inferior. We are planning to hold further dialogue sessions on topical issues in 2019 as part of our young lawyer development programme.

Click here for our complete December 2018 Newsletter

Defamation via social media – rights vs responsibilities

 By Uzair Adams

Social media platforms have become an increasingly convenient and instant means of communication across the globe. However, easy access to Facebook, WhatsApp and Twitter, amongst others, does not come without drawbacks, particularly relating to matters of defamation.

Defamation via social media has been the bone of contention of several hearings before the Commission for Conciliation, Mediation and Arbitration (CCMA), particularly where employees share information regarding their employers that is disgraceful or detrimental to their employers’ reputation.

On 6 November 2018, ProBono.Org Cape Town was approached by a children’s hospice for assistance with a labour dispute relating to the conduct of an employee, where an allegation was made via a WhatsApp text message to one of the employer’s board members alleging maladministration, financial mismanagement and a lack of transparency by the CEO of the nonprofit organisation.

The employee was subsequently charged with defamation of character, in that he intentionally conveyed false information to the board member, and was further charged with bringing the organisation’s name into disrepute, in that he claimed that the CEO had misrepresented the organisation’s financial position to the Department of Social Development.

In this regard, a disciplinary hearing ought to have been held on 22 August 2018, where Mr. M was appointed as an independent chairperson, but he was unfortunately involved in a serious accident and was no longer able to oversee such disciplinary process. The children’s hospice, like many NGOs in South Africa, is currently faced with an unfortunate funding crisis, and has limited financial and human resources available that would have enabled a fair and thorough disciplinary hearing. ProBono.Org Cape Town proceeded to brief counsel to act as an independent chairperson and to facilitate the disciplinary hearing, which was held on 23 November 2018.

Summary of the Chairperson’s findings:

  • The chairperson noted that he could not find the employee guilty on both allegations as it would amount to a duplication of “convictions”.
  • The chairperson could see no evidence showing that the employee had brought the employer into disrepute. The allegation made was via a private WhatsApp text message to one of the employer’s board members. There was therefore no evidence that the employee’s allegation was publicised in any way, or that it affected the employer’s reputation.
  • The question remained whether the employee was guilty of defamation of character in that he ‘intentionally gave false information that humiliated and belittled the CEO, which made her look foolish and ridiculous and which rendered her less worthy of respect by the board members. The chairperson found the employee guilty of this allegation, in that he conveyed information to one of the employer’s board members which was false. If the employee had made the proper inquiries, he would have discovered that there was no inflation of figures. The CEO confirmed (and it was not contested) that the Department was fully aware of how the employer arrived at its figures and accepted that the employer was acting appropriately.
  • The chairperson further noted that he did not accept that the employee made the allegation in order to bring an impropriety to the attention of the board. If that was so, the employee would have sent a message detailing that concern. However, the allegation relating to inflating figures was a throw-away (yet deeply insulting) remark.
  • Moreover, the chairperson considered whether the employee’s allegation amounted to a protected disclosure for the purposes of the Protected Disclosures Act and found that it did not.
    • Firstly, the allegation was not a ‘disclosure’ within the definition of the Act, given that it did not relate to a serious impropriety within the meaning set out in Malan v Johannesburg Philharmonic Orchestra (JA 61/11) [2013] ZALAC 24 (12 September 2013). The allegation was one relating to figures which were readily available and known by the board. They were also known by the Department which accepted them and the manner in which they were calculated.
    • Secondly, the employee’s allegation was made to the employer and, in terms of the Protected Disclosures Act, had to be made in good faith, which the chairperson did not accept was the case under the circumstances.
  • The employee’s conduct was therefore unacceptable, and the appropriate sanction imposed was a written warning suspended for 6 months on condition that the employee was not found guilty of similar misconduct within the stipulated period.

Employees now have several platforms where they can vent their frustration and raise concerns regarding their employers. However, employees ought to utilise such platforms responsibly or face severe consequences, as illustrated in this case. While freedom of speech and expression, together with the right to privacy, affords us great power, the risk of publicly defaming the character of another has increased exponentially with the constant evolution of the social media landscape. Consequently, we have to remain cognisant of the fact that with such great power comes great responsibility.

Click here for our complete December 2018 Newsletter

Child abduction – the new scourge of the nation

By Courtney Cupido, Cape Town intern. 

According to a recent Eye Witness News report, there have been at least 13 reported cases of child abduction and attempted kidnappings in communities across the Western Cape since 8 August 2018.
The motives for these abductions may vary from forced child labour, financial and sexual exploitation, the use of children as drug mules to involuntary domestic servitude which is especially rife within the international context.

Over the past month there have been numerous reports of child abductions on various social media and news platforms, which has caused widespread panic, both within the Western Cape Province and beyond.

Incidents of child abduction and attempted kidnappings have taken place in shopping malls from under their parents’ noses, while playing in their neighbourhoods and even when walking to and from school.

The radical increase in reported abductions resulted in many government departments issuing warnings regarding child safety. The Western Cape Education Department in particular instructed all principals to inform and educate leaners around vigilance and taking necessary safety precautions.

In addition, the South African Police Services has sought to emphasise the need for continuous responsiveness amongst communities regarding the safety of children by conducting educational sessions and rights awareness interventions.

On 15 November 2000, the United Nations General Assembly adopted the Organised Crime Convention containing the Palermo Protocol, the first international instrument to define trafficking as:

Recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion. These other forms of coercion extend to abduction, fraud, deception, the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

All countries which were signatories to the protocol had a duty to create legislation which would combat the crime of human trafficking.

Culturally unique forms of trafficking such as ukuthwala are however not addressed in the definition of trafficking. Ukuthwala is the illegal removal of a girl from her parents’ dwelling for the purpose of forced marriage or sexual intercourse.

In the unreported case Jezile v S and Others, a full bench of the Western Cape High Court delivered a landmark judgment where the court held that ukuthwala is no defence for crimes of rape, human trafficking and assault with the intent to do grievous bodily harm.

Thirteen years after ratification, South Africa satisfied the duty imposed on it by the Palermo Protocol. On 29 July 2013, South Africa’s former President, Jacob Zuma signed into law the Prevention and Combating of Trafficking in Persons Act of 2013. This is the country’s first piece of legislation centred around combating and preventing human trafficking.

While South Africa’s legislation in this regard may be viewed as being in its infancy, measures adopted by the country in criminalising acts associated with trafficking illustrate a step in the right direction.

 

Click here for our complete October 2018 Newsletter

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By Elsabe Steenhuisen.

In short, the answer is “yes”. The reasoning, with reference to case law, follows below.

1. What does the Common Law state?

The Common Law position is that children below the age of seven are infans and cannot act. A curator or a guardian has to act on behalf of the child. If children are over the age of seven, but under 18, they must be assisted either by a curator or their guardian. If the guardian is not available, the court must appoint a curator on motion proceedings.

2. Did the case law change this position?

Yes, by a gradual process, which is still developing. In 2000, in the Christian Education South Africa case, the court held that in a case concerning children, their “actual experiences and opinions would not necessarily have been decisive, but they would have enriched the dialogue, and the factual and experiential foundations for the balancing exercise in this difficult matter would have been more secure.”

In 2003 in the Soller case the court appointed a legal representative for the child, to whom the child gave instructions directly and without assistance of a guardian or curator ad litem.

In 2008 the court in the Pillay case remarked that the need for the child’s voice to be heard is perhaps even more acute when it concerns children mature for their age, who should be increasingly taking responsibility for their own actions and beliefs.

In 2009 the Legal Aid Board acted for a 12 year old girl. The court ruled that the Board did not need to obtain consent of either the court or the child’s guardian to represent a child. This was confirmed further in 2011 by the Supreme Court of Appeal when the Board acted in the Four Children case, and in 2012 in the Brossy case.

3. What does the legislation require?

The Child Justice Act merely requires “a parent/guardian/other suitable person” to assist child offenders who instruct their legal practitioners themselves. The Children’s Act allows representation of a child without a guardian. Some magistrates in the Children’s Courts require an application by the legal practitioner to allow the child to be represented. The Divorce Act allows the court to appoint a legal practitioner to represent a child at the proceedings and may order the parties or any one of them to pay the costs of the representation.

Section 28(1)(h) of the Bill of Rights provides that: “Every child has the right to have a legal practitioner assigned to the child by the state at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise occur”. In the Van Niekerk case in 2005 the Centre for Child Law was allowed to apply ex parte for the appointment of a legal representative in terms of s28(1)(h) for two girls, without their guardian’s consent. ProBono.Org agrees with the Centre for Child Law that this section does not preclude registered legal organisations to secure legal representation for children. Section 28(1)(h) does not give the state exclusive rights in this respect.

In conclusion, if any person (who qualifies in terms of the means test) approaches ProBono.Org for assistance, we will obtain representation without the guardian’s permission, and if necessary the legal practitioner will obtain the court’s permission to act on behalf of the child, because we interpret the current state of the law as not to limit a child’s right to legal representation. We acknowledge Professor Ann Skelton of the Centre for Child Law, who dealt with this issue during a ProBono.Org breakfast on 18 October 2017, and thank her for the notes she made available for use by ProBono.Org. Full case references are available on request.

 

Click here for our complete June 2018 Newsletter

Top city human rights lawyer dies

Top city human rights lawyer dies

Such a very tragic loss. Rudolph Jansen, human rights lawyer has passed away. ProBono.Org wishes his family and all who knew him our condolences.


 

Article courtesy of www.iol.co.za/
Pretoria News / 27 November 2017, 07:55am / Zelda Venter.

THE legal fraternity is mourning the death of human rights lawyer Rudolph Jansen, who fought against injustice on behalf of the poor and marginalised for more than three decades, including with respect to the abolition of the death penalty, prison reform and land reform.

He was a long-standing member and former national director of Lawyers for Human Rights.

Jansen, who leaves his wife Mariana, and two sons Rudolph and Gustav, died on Saturday in Limpopo, where he was consulting with the Moletele Land Claim Community. He was 53 years old.

Jansen was born on New Year’s Day in 1964. He grew up in Pretoria, where he lived throughout his life.

He completed his law studies at the University of Pretoria, and as a young advocate with the Pretoria Bar, quickly turned his attention to combating issues of inequality and injustice that were a hallmark of the apartheid state.

View the full article here