Transcript Pro Bono Presentation - Alex Final

Welcome
to the celebration of the success and first
year anniversary of the official opening
of the Labour Court Advice Office.
A joint project between SASLAW and ProBono.Org
pro bono
Pro Bono services are the delivery of legal advice and/or assistance within the
professional competence of a legal practitioner to facilitate access to justice.
Pro bono services are designed to address the needs of persons with limited
needs, or of non-profit organizations where the payment of legal fees will
deplete the organization's economic resources and affect their ability to carry
out charitable or public interest work.
Associate Justice Ruth of the United States Supreme Court described the
principles around pro bono work as follows, they are: "….the noblest principles
that have defined the legal profession: to assist the poor, disadvantaged,
unpopular and underprivileged and to perform public service that enhances
the good.”
During October 2010 – February 2011, SASLAW
extended its mandate to include an access to justice
programme, by way of the establishment and
functioning of pro bono advice offices at the Labour
Courts of South Africa. Since then, fully fledged pro
bono advice offices have been set up at each of the seats
of the Labour Court, namely, Durban, Johannesburg,
Cape Town and Port Elizabeth.
The Launch – 29 November 2011
While the advice office at the Durban Labour Court has
been operating since October 2010, it grew from
humble beginnings when attorneys consulted with pro
bono clients in the corridors of the Court House. On
28 November 2011, the Judge President of the Labour
Court and Labour Appeal Court, Justice Mlambo,
together with the President of SASLAW, Anton
Myburgh SC, officially opened the specially allocated
office at the new Labour Court building which is now
used to consult with pro bono clients.
KwaZulu-Natal data
68 Number of attorneys
29 Number of firms
526 Number of hours spent in office
160 Number of matters taken up by attorneys
493 Number of clients assisted
The Firms
A P Shangase
Futcher Attorneys
Barkers Attorneys
Garlicke & Bousfield
Brett Purdon Attorneys
Harkoo Brijlal & Reddy
Dean Caro & Associates
Jay Reddy Attorneys
Derick Jaftha Attorneys
Jayshree Moodley & Associates
Edward Nathan Sonnenbergs
Jeff Bloch & Associates
Farrell Inc.
Livingston Leandy
The Firms
Lockhat & Associates
Prior & Prior Attorneys
MacGregor Erasmus
Masipa Inc
Pungi Pillay & Associates
Sabela Attorneys
Myeni & Associates
N Mathe & Associates
Shanta Reddy Attorneys
Shepstone & Wylie
Norton Rose
Tomlinson Mnguni James
Prawlall Attorneys
Woodhead Bigby & Irving
Our Plaque
“Our firm is committed to social service and community upliftment
and the pro bono project has provided us with a forum from which
we are able to offer assistance to those in need.
The project is well organised and efficiently run and the litigants
we meet have genuine problems that without pro bono, they would
not be able to overcome. Litigants are offered sound and practical
legal advice that can often change the direction of their lives. The
benefits of having such a project continue will be far reaching and
overwhelming.
We are proud to be affiliated with the organisation and applaud
the efforts made by all.”
-Prenella Naidoo from Harkoo Brijlal & Reddy
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In my experience there are two types of people who come to our Pro Bono project
for assistance.
The first are those who simply don't understand what the legal processes set out in
our Labour Law are, and so feel aggrieved with how they have been treated. Most of
these people simply need someone who is kind and patient enough to listen and
explain the situation. The issue is usually resolved without going any further, by one
person just through taking the time to educate another.
The second type are those who have genuinely been subjected to unfair labour
practices and who are unable, without our assistance, to protect their rights. For me,
there is inherent injustice in the idea that only those with sufficient means are able to
litigate in the Labour Court, especially where the infringement of their right to fair
labour practices has resulted in the loss of their (and often their family's) only source
of income. It's a cycle which places poor people in an exceptionally vulnerable
position, and the Pro Bono project allows us to try to put an end to it.
-Samantha Herselman from Barkers Attorneys
Tokiso is the largest private dispute
resolution provider in South Africa
ProBono.Org - contributes to the creation of a pro bono culture in order to
realise access to justice .
ProBono.Org is a young, dynamic NGO that works with the private legal profession to
provide pro bono legal services to the poor. We harness the enormous skill, might and
strength of the South African private legal fraternity to cases and clients that we identify.
ProBono.Org has as its goal, the creation of sufficient free legal representation for all who
need it via the pro bono legal services of the private legal profession.
In order to bring justice to those who for many different reasons have great difficulties
accessing it, ProBono.Org successfully manages a legal clinic model, in addition to our
clearinghouse project. The legal clinics, which are sometimes also called help desks, all
operate in the same manner: attorneys staff them on a roster basis; the services are
available to persons who meet the means test (similar to that used by Legal Aid South
Africa); and attorneys take on matters which meet the means test and which have merits
(these are referred to as “qualifying matters”), which matters become a pro bono matter
of the firm.
Odette Geldehuys
Director: ProBono.Org - Durban
“Pro bono offers the advantage of reintegrating a privileged
profession in the reality of one’s society... As lawyers we have the
obligation to tear down the veil of ignorance that separates us from
hidden injustices and then respond to what we see. SASLAW has
ascended the moral high ground in encouraging and ensuring that
its members participate willingly in this project. We should also
not rest on our laurels and SASLAW should remain acutely aware
that we have started a noble initiative and it is up to each of us to
ensure that it gathers momentum and goes from strength to
strength.”
- Former Judge President of the LAC and Labour Courts, Dunstan Mlambo
The SASLAW KZN Chapter Committee
Michelle Naidoo
SASLAW, KZN Chapter President:
May 2011- May 2013
Committee member 2003-2012
Director | Employment
Norton Rose South Africa
Jayshree Moodley
SASLAW, KZN Chapter
Vice-President 2012
President: 2007-2009
Committee member 2005-2012
Proprietor
Jayshree Moodley & Associates
Alexander Rocher
Head: Advice Office Steering Committee,
SASLAW: KZN
KZN Chapter President: 2009-2011
Committee member 2007-2012
Director I Employment
Edward Nathan Sonnenbergs
Richard Haslop
SASLAW National President: 2006-2008
KZN Chapter President: 2003-2005
Committee Member 1997-2012
Director I Employment
Woodhead Bigby & Irving
Winner of the 2012 Pro Bono Award – KZN Chapter
Verlie Oosthuizen
Committee Member 2009-2012
Partner I Employment
Shepstone & Wylie
Irvin W Lawrence
Committee Member 2009-2012
Director I Employment
Edward Nathan Sonnenbergs
Tammy Cohen
Committee Member 2011-2012
Senior Lecturer
Faculty of Law,
UKZN
Dr Hilda Grobler
Committee member 2012
Senior Commissioner of CCMA;
Mediator; TOKISO panellist
Chris Haralambous
Committee Member 2012
Proprietor
Haralambous Attorneys
Sandra Briant
SASLAW KZN Chapter Administrator
Thank-you for your continued
support.