Change is inevitable and every organisation goes through staffing changes. However, while we frequently see interns leave after a year or two, the Durban office has welcomed a new staff attorney, Seshni Govender. Seshni joins us from private practice where she primarily worked on family law and criminal matters. She has an LLB degree from the University of KwaZulu-Natal (Howard College). In the short time that she has been with us, Seshni has shown herself to have the drive necessary for an NGO such as ours by putting in the effort and ensuring that the work gets done. The Durban office welcomes her young blood and fresh ideas and looks forward to entering a new era with her.
Seshni deals with the family, labour and refugee portfolios at our office. In addition, she runs the Chatsworth, Verulam, KZN Deaf Association and Umlazi help desks. She will also be dealing with the street traders’ project that our office oversees. Attorneys interested in assisting with any of these can email her on email@example.com.
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Article by Annelie du Plessis, published in Probono.Org June 2016 Newsletter.
Mrs Zanele Gladys Mokolo, in her capacity as coordinator of the Itsoseng Women’s Project (IWP), approached our offices for assistance in a matter involving the Johannesburg Property Company. The IWP serves the community of Orange Farm by providing skills training programmes and community based projects to unemployed women in the area. One of these projects involves running a crèche for children between the ages of 0 to 6 years. The IWP presently has about 60 children in its care. The project also provides the destitute with a source of income through its recycling activities. Each programme operates from shipping containers on the premises, donated by the Department of Social Development, Agriculture and JAM SA, and one of these containers serves as the crèche.
The crèche employs four child minders, a cook and a gardener, and together with its recycling activities it employs about 18 women. Social Development provides subsidised funding to the IWP but this only buys food for about 36 children and barely covers the salaries of the crèche employees. The IWP provides the children with lunch. Most of the parents in the area cannot afford to pay crèche fees and for many children this is the only meal they receive.
The IWP does not own property. It has been leasing the erf in Orange Farm for several years. Before 1994, the Transvaal Provincial Administration (TPA) managed this property but in recent years it was given to the Johannesburg Property Company (JPC) to manage on behalf of the City of Johannesburg.
Following the disbanding of the TPA, the IWP was told by the JPC to re-apply for a new lease agreement in terms of a tender process, citing the Municipal Finance Management Act of 2003 (MFMA) as the basis for this change. Such an application involves a submission in accordance with the JPC’s Standard Transaction Application Form process and requires a R3000 application fee.
The IWP was not in a position to pay this fee or go through the tender process and requested assistance. An attorney, Neil McKenzie from Fasken Martineau provided our offices with a comprehensive opinion on the JPC’s proposed negotiations concerning the lease agreement with the IWP.
Various meetings were called to secure the IWP’s lease without going through the proposed tender process. This led to the JPC’s discovering that the premises were never formally registered with the Deeds Office. Further meetings and negotiations ensued, which ultimately led to the JPC agreeing to let IWP stay on the property, while it resolves the transfer and registration issue with the City of Johannesburg and the Deeds Office.
The JPC’s proposed tender process would have had far-reaching implications for the Orange Farm community as a whole. A tender process in terms of the MFMA is inappropriate for struggling social welfare organisations. ProBono.Org knows of at least 300 other NPOs (crèches) in a similar position. These NPOs provide a vital service to the community through employment, empowerment, training, education and food provision, but remain insufficiently funded or supported. These NPOs stand to lose properties that they have occupied for years, leaving many of their beneficiaries (mostly children) deprived and without any alternative care options. They are also not receiving sufficient funds or grants, which strains their resources even further.
For the above reasons, our offices, along with Gladys and her children at the crèche are grateful for Neil McKenzie’s dedication and commitment in finalising this matter. We hope this case will set a precedent, impacting on other NPOs in the area.
For the Sixth Annual
Public Interest Law Gathering*
August 29 – 31, 2016
Venue: University of the Witwatersrand, School of Law
More Details to Follow!
*PILG 2016 is organized by the Centre for Applied Legal Studies (CALS), Lawyers for Human Rights (LHR), the Legal Resources Centre (LRC), ProBono.Org, Section27, the Socio-economic Rights Institute of South Africa (SERI), the Southern Africa Litigation Centre (SALC), Students for Law and Social Justice (SLSJ) and the University of the Witwatersrand, School of Law.
Erica Emdon interviewed by Power FM about ProBono.Org and One Child and Year Campaign in July 2014
LISTEN TO THE PODCAST HERE
Patrick @Bracher1 (@NLegal_ZA) & Adv Michelle le Roux on ‘The Role of a judge’s faith in adjudication.
Patrick’s expert guest was Advocate Michelle le Roux on ‘The Role of a judge’s faith in adjudication.
LISTEN TO THE PODCAST HERE
Case study conducted for The Atlantic Philanthropies September 2009.
Written by Tom Lebert, Umhlaba Associates.
In South Africa, immigrants, farm workers, the rural poor, and the gay community are among the population groups regularly denied access to rights, services and justice.
The Atlantic Philanthropies supports organisations that use the law to ensure access for the rural poor to the rights and services promised to them under the democratic Constitution. In practice, this means support for
organisations providing free legal advice and support to indigent people in rural communities. In some cases the organisations engage in high-impact litigation to effect change, as well as in lobbying and advocacy to influence policy.