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Narrative Report
01 January 2015 – 30 June 2015
NORTH WEST UNIVERSITY POTCHEFSTROOM CAMPUS
LAW CLINIC
1
Table of Contents
Director’s Statement 2 Personnel 3-4 Legal Services 5-6 Student Training 7-8 Child Justice Unit 9-11 Outreach Projects
North-West Access to Justice Cluster 12-16
Mpumalanga Access to Justice & Land Legal Cluster 17-18
Other Training 19 School for Legal Practice 20-21 Involvement in other projects 22 Contact Details 23 Map 24 Acknowledgements 25
2
Director’s Statement
The Law Clinic form part of the Faculty of Law of the North-West University, Potchefstroom Campus.
The Law Clinic is involved in a number of projects which concern training, free legal aid services,
community outreach and capacity building programmes as well as advisory services. The Law Clinic
operates in the Provinces of the North West and Mpumalanga where these activities take place.
The abovementioned activities are directed towards:
Training: The practical legal training within the LLB Programme of the NWU. Short courses
involving legal practitioners and paralegals. Training to members of the communities within
the areas where the Law Clinic operates.
Legal aid services: The Law Clinic renders free legal aid services to poor and indigent
people in the provinces aforementioned.
Capacity building programmes: These programmes are towards, inter alia, paralegals and
members of the community to develop legal skills, capacity and to practice such skills in the
communities where they operate.
Advisory services: The Law Clinic furthermore renders advisory services to community
members as such to enhance a “rights based” community and to, instead of taking the law in
their own hands, use the law to enforce their rights.
Within these activities the Law Clinic co-operates with a number of organizations such as Legal Aid
South Africa, Government Departments, Provincial Paralegal Organizations, different NGO’s and
CBO’s to be successful and fulfill its purpose.
Furthermore, the Law Clinic receives funding from international and national donors, as described
herein, to enable it to be involved in these activities. Without these funding this would have not been
possible.
Through its activities the Law Clinic wishes to improve the quality of life of the people in the Provinces
of the North-West and Mpumalanga.
Schalk Meyer
Director: Law Clinic
3
Personnel
The Law Clinic in Potchefstroom employs the following personnel:
Mr Schalk Meyer : Director
Attorney
Lecturer – JURI 312, JURI 322
Mr Braam Klaasen : Attorney
Office Manager
Lecturer – JURI 312, JURI 322
Ms Chrisna Landsberg : Attorney
Project Manager – Legal Services
Mentor – Candidate Attorneys
Mrs Hilary Clayton : Attorney – CJU
Project Manager - Streetlaw Project
Mrs Wilma Kasa : Project Manager - MAJC
Attorney
Mrs Zaida Essop : Attorney
Mentor – Candidate Attorney
Ms Mari Le Roux : Candidate Attorney
Project Manager – NWAJC
Mrs Lizelle Du Pisani : Secretary to Director
Mrs Monique Botes : Administrative Assistant – Clusters, Students and
Candidate Attorneys
Ms Willemien Smit : Receptionist and Office Administrator
Ms Helanie Jonker : Secretary – School for Legal Practice
Ms Awelani Thangavhuelelo : Candidate Attorney
Ms Nozipho Pinana : Candidate Attorney
Mr Jaco Labuschagne : Candidate Attorney
Mr Mpho Mathabathe : Candidate Attorney
Mr Danie Joubert : Candidate Attorney
Mr Schalk Nel : Candidate Attorney
4
Mr Jabulani Nkosi : Paralegal
Messenger and Presenter (Streetlaw)
Mrs Maggie Matsane : Receptionist & Paralegal – MAJC
Ms Adri Le Grange : Secretary – MAJC
Mr Zenzo Mandla Singwane : Advocate – MAJC
Mrs Elsie Nomalanga Sikhakhane : Cleaner
Ms Louise Botha : Student Assistant
Ms Madelain Fouché : Student Assistant
Ms Chara Steyn : Student Assistant
Ms Christél van Niekerk : Student Assistant
Ms Maryke van der Linde : Student Assistant
Ms Lynne Els : Student Assistant
Ms Eriché Kriel : Student Assistant
Ms Chantelle Rebel : Student Assistant
Ms Eunice Maleke : Student Assistant
5
Legal Services
The Law Clinic in Potchefstroom employs attorneys and candidate attorneys, and provides free legal
services to poor and indigent people.
The Clinic also operates from a satellite office at the Potchefstroom Magistrate’s Court, Room G33.
This office is open from 09:00 to 13:00 from Mondays to Fridays.
We assist clients with:
Civil matters Land Claims
Evictions Labour matters
Divorce actions Maintenance Orders
Family violence Children’s Court
Medical negligence
6
STATISTICS FOR THE LAW CLINIC FOR 01 JANUARY 2015 – 30 JUNE 2015
Activity Jan Feb Mar Apr May Jun
No of cases brought forward 120 109 109 110 113 113
No of clients advised only 42 89 113 106 80 79
No of cases referred 45 41 44 55 52 44
No of consultations 31 44 62 87 75 67
Total no of clients seen 118 174 219 248 207 190
No of new files opened 2 5 11 12 10 16
No of cases closed 13 5 10 9 10 17
No of court appearances 9 4 8 23 16 7
0
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100
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180
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280
300
Jan Feb Mar Apr May Jun
No of cases brought forward
No of clients advised only
No of cases referred
No of consultations
Total no of clients seen
No of new files opened
No of cases closed
No of court appearances
7
Student Training
At the Law Clinic in Potchefstroom great emphasis is placed on the practical legal training for our
students. We believe that it is important for our students to have a good understanding of legal
practice before they complete their degree. The Clinic conducts two practical legal training courses
for the LLB students. The courses are compulsory for all final year law students at the Potchefstroom
Campus.
We present the following modules:
JURI 312 (Final year students, first semester)
JURI 322 (Final year students, second semester)
Full time students for JURI 312 and JURI 322 have to attend a practical session, either at the clinic or
at the local Magistrate’s Court, of two hours per week during the course of these modules. That is
approximately 22 hours per module. Students also have to attend a formal lecture of minimum one
hour per week, which is approximately 11 hours per module.
Chrisna Landsberg and Schalk Meyer are the lecturers responsible for the theoretical and practical
training sessions. The entire Law Clinic team is committed to providing students with the opportunity
to do practical legal training.
Practical sessions include:
Consultations with clients
General file administration
Correspondence
Drafting of letters and pleadings
Visits to court
Trial Advocacy
Mock-trials
Alternate Dispute Resolution
Divorce, Maintenance and Domestic Violence
General Court Proceedings and Ethics
8
The semester mark of the students is compiled from their practical work during the practical sessions
at the Law Clinic. Their practical work constitutes 70% of their final mark. The other 30% consists of
an exam written at the end of a semester.
The Law Clinic also believes that the students should be involved in community engagement as part
of their preparation for the legal profession. We believe that students must be enabled to obtain the
necessary knowledge of the legal profession in all the different career possibilities available to them.
Therefore the Law Clinic give students the opportunity to “shadow” either an Attorney from Legal Aid
South Africa or a Public Prosecutor working at the local Magistrate’s Court to enable students to make
an appropriate career choice.
As part of the Clinic’s initiative to give students the true feeling of practice in the real world, local
Magistrates, Attorneys, Prosecutors, Advocates and other legal professionals gave lectures and
provided practical training for Mock-Trial teams.
The Law Clinic coached students for the LexisNexis Mock Trial competition. The team from North
West University, Potchefstroom Campus won for the seventh year in a row.
LexisNexis Intervarsity Criminal Mock Trial Competition 2014
The Law Faculty of the NWU, Potchefstroom Campus won the LexisNexis Intervarsity Criminal Mock
Trial Competition for the sixth consecutive year in 2014.
The Law Faculty of the NWU, Potchefstroom Campus will again compete in this competition from 8 –
12 September 2015 in Port Elizabeth. The competition will be hosted by Nelson Mandela
Metropolitan University and LLB students from Universities across the country will take part in the
competition.
The competition will consist of a series of rounds over a period of three days where participating
teams will be required to simulate criminal trials based on sets of facts given to them prior to each
round. Students compete in knock-out sessions, where after the finalist competes against each other
at a gala event in front of a full bench of presiding officers.
The team with the highest score in the Final Round will be the winner of the competition. The winners
will be announced at the Closing Function.
9
Child Justice Unit
The Child Justice Unit (CJU) forms part of the North West University, Potchefstroom Campus, Law
Clinic.
The Clinic and the CJU was established to promote access to justice and are committed to the
provision of legal aid services to the poor and marginalized components of South African society.
The Child Justice Unit has the following goals and objectives:
Research on and advocacy for children’s rights;
Providing legal services to children;
The encouragement and promotion of accessible and child friendly Children’s Courts;
The protection of children found to be in need of care and protection;
Providing training and education to the community with a focus on children’s rights;
The encouragement and promotion of alternative dispute resolution in matters where children
are involved;
The development of collaborative partnerships with other organizations that share the vision
of the CJU;
Prevent or end gross human rights violations and promote positive change in policies or
actions of government or relevant non-state actors in the area of human rights;
Educate and/or train human rights victims, workers or defenders;
Monitor, seek redress for and/or report on human rights violations, including supporting
victims of human rights abuses;
Promote observance and implementation of international human rights standards;
Promote and strengthen national or regional human rights institutions or mechanisms.
Purpose
On 1 April 2010 the Children’s Act 38 of 2005 was promulgated in South Africa.
This act gives hope to the implementation of International Human Rights Standards pertaining to
children in South Africa. The Children’s Act provides the Children’s Court with more power and to
give a wider range of orders pertaining to children, making courts more accessible to children.
Mediation, family conferences and lay forum hearings are introduced by this act in matters where
children are concerned.
The implementation of this act brings focus to the right of a child to be heard. The objective of the
CJU is protection and promotion of children’s rights.
10
Children, the community and social workers are trained and educated on promotion of children’s
rights, the legal processes involved in matters regarding children and the protection of children found
to be in need of care and protection. Legal assistance is rendered to children and the implementation
of alternative dispute resolution techniques are encouraged and facilitated.
Children have special needs and therefore the CJU works towards providing skill, means and support
to ensure that Children’s Courts are accessible to children and have a child-friendly atmosphere.
By educating and training the community, children and social workers, and by doing research and
advocacy, we strengthen the focus on Children’s Rights and the implementation thereof.
When children are removed from their families after found to be in need of care and protection, the
CJU strives to provide these children with the basic means of life, including clothing and food, to ease
the emotional and physical pain. The CJU provides these children with legal representation or advice
to prevent further violation of their rights.
In July 2011 the CJU signed a co-operation agreement with Legal Aid South Africa pertaining to
children’s legal assistance in the North West Province. During 2015 the cooperation agreement was
extended for a period of three years.
We have the goodwill of and access to the skill and expertise of highly committed attorneys,
candidate attorneys and administrative staff, ensuring that we can assist the children of the North
West Province with this much needed service.
11
STATISTICS FOR THE CJU FOR JANUARY 2015 – JUNE 2015
Activity Jan Feb March Apr May Jun
No of existing Cases 119 108 108 106 110 98
No of cases opened 5 3 3 5 4 4
No of cases finalized 16 3 5 1 4 4
No of court appearances (criminal – watching brief)
0 0 5 0 0 0
No of court appearances (civil & children’s court)
34 9 20 16 18 18
No of cases carried over to next month
108 108 106 110 98 98
During 2015 the CJU presented training sessions to Masters Students completing their degree in
International Child Law.
0
10
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30
40
50
60
70
80
90
100
110
120
130
Jan Feb March Apr May Jun
No of existing Cases
No of cases opened
No of cases finalized
No of court appearances (criminal – watching brief)
No of court appearances (civil & children’s court)
No of cases carried over tonext month
Who Topics Participants Time spent
April LLM students LLM 1 40
June LLM students LLM 1 80 Hours
12
North West Access to Justice Cluster
The Law Clinic, in co-operation with Legal Aid South Africa and various NGO’s and CBO’s operates
an Access to Justice Cluster in North-West Province.
The cluster is a co-operation between various legal service providers and other organizations with the
aim of providing access to justice and services to poor and marginalized people in rural and remote
areas.
The main activities of the cluster include back-up legal services to paralegal advice offices,
community workshops, networking and advocacy.The Potchefstroom Law Clinic is acting as the
secretariat of the NWAJC and handles all the administration and financial management of the
Cluster.
BACK-UP LEGAL SERVICES
The Potchefstroom Law Clinic serves 9 paralegal advice offices, namely Leeudoringstad,
Wolmaransstad, Orkney, Jouberton, Lethabong, Bojanala, Makwassie, Ventersdorp and
Lethlabile Each of the offices are visited once every second month and candidate attorneys then
consult with clients at the advice office.
In the case where a file is opened the paralegals assist in obtaining outstanding information from the
client, and forward it to the Clinic. The paralegals also play an important role in giving feedback to
clients when it is difficult to reach them.
COMMUNITY WORKSHOPS
Various community workshops were planned with the cooperation of Traditional Leaders and/or
Paralegal Advice Offices through-out North West, and 6 community workshops were held. A total of
121 members of the community attended these workshops.
The main objective of these workshops is to educate members of communities on their basic rights.
The topics for the workshops are chosen after consultation with the paralegals working in the specific
community, and are usually focussed on addressing pressing issues experienced by the community.
13
The themes that were discussed were the following: HIV/AIDS and patient rights, Drug and Alcohol
abuse, Social Grants, Maintenance, Women and Children abuse, Domestic violence, Parental
Responsibilities and Rights.
Some of the paralegal advice offices to which the NWAJC renders back-up legal services:
Lethabong Advice Centre
Letllabile Network Against Domestic Violence, Child Abuse and HIV-Aids
Bojanala Advice Centre
14
STATISTICS OF THE NWAJC FOR JANUARY 2015 – JUNE 2015
Activity Jan Feb March April May June
No of cases brought forward 28 25 25 24 24 24
No of clients advised only 0 5 6 8 5 15
No of cases referred 0 2 2 0 2 0
No of consultations 0 7 8 8 7 15
No of new files opened 0 1 0 0 0 0
Total no of clients seen 0 7 8 8 7 15
No of cases closed 3 1 1 0 0 0
No of court appearances 0 0 0 0 0 0
0
5
10
15
20
25
30
Jan Feb March April May June
No of cases brought forward
No of clients advised only
No of cases referred
No of consultations
No of new files opened
Total no of clients seen
No of cases closed
No of court appearances
15
SCHOOL WORKSHOPS
COMMUNITY OUTREACH- SCHOOLS
During 2015 the law clinic will expand the Schools Workshop project from 09 schools in 2014 to 18
schools in 2015 including more schools from Jouberton, Ventersdorp, Khuma and Potchefstroom. The
schools workshops are presented at different high schools in the Ikageng, Jouberton, Ventersdorp,
Potchefstroom and Khuma area. Topics discussed are Rape, Sexual Offences, Substance Abuse
,Dress code of Uniform, Women`s and Children Abuse and Crime Prevention, Xenophobia amongst
others. Meetings have been held with the Department of Education to ensure cooperation from the
department in this regard.
To date the following schools were visited;
1. Potchefstroom Gymnasium High School
2. Vuyane Mawethu High School
3. Gaenthone High School
4. Are- fadimeheng High School
5. Chris Hani High school High School
6. Poelano High School
7. Thuto Thebe High School
8. Dirang ka Nathla High School;
9. Mofalotsi High school
10. Tlokwe High School
11. Resolofetse High School
12. Seiphemelo High School
13. Botoka High School
14. Promosa High School
15. Boitshoko High School
16. Seobi High School
17. Borakanelo High School
18. Phire High School
16
The children had showed huge interest regarding vandalism, theft, bulling connected to gangsterism.
One of the grade 12 pupils who attended the workshop in Ventersdorp also motivated her fellow
students not to do crime and to work hard at school.
The NWAJC will continue with the "Prison Alert Project", as part of the NWAJC Crime Prevention
Community Outreach Program, where learners visit the Wilgeboom Correctional Services outside
Potchefstroom. The learners are taken on a tour inside the prison and prisoners gave motivational
speeches.
17
Mpumalanga Access to Justice Cluster
The Law Clinic, in co-operation with Legal Aid South Africa and various NGO’s and CBO’s operates
an Access to Justice Cluster in Mpumalanga.
The cluster is a co-operation between various legal service providers and other organizations with the
aim of providing access to justice and services to poor and marginalized people in rural and remote
areas. The main activities of the cluster include back-up legal services to paralegal advice offices,
community workshops, networking and advocacy.
BACK-UP LEGAL VISITS
The Mpumalanga Access to Justice Cluster provides back-up legal services to the following Paralegal
Advice Offices:
1. Masisikumeni (Tonga)
2. Ukuthula (Kwaggafontein)
3. Leandra
4. Buhlabela (Bushbuckridge)
5. Daggakraal (Ermelo)
6. Kwa Qua (Witbank)
7. Mkhondo (Driefontein)
8. Senzokuhle (Hendrina)
9. Nkomazi
18
STATISTICS OF THE MAJC FOR JANUARY 2015 – JUNE 2015
Activity Jan Feb March April May June
No of cases brought forward 287 286 260 241 338 352
No of clients advised only 10 12 10 14 10 15
No of cases referred 7 5 11 16 4 9
No of consultations 53 54 45 168 27 30
No of new files opened 10 13 9 123 33 16
Total no of clients seen 70 73 66 175 62 50
No of cases closed 11 39 28 26 17 38
No of court appearances 31 27 24 8 10 18
0
20
40
60
80
100
120
140
160
180
200
220
240
260
280
300
320
340
360
Jan Feb March April May June
No of cases brought forward
No of clients advised only
No of cases referred
No of consultations
No of new files opened
Total no of clients seen
No of cases closed
No of court appearances
19
Other Training
Training to Legal Aid South Africa
The Law Clinic presented the following training to paralegals employed by Legal Aid South Africa:
REGIONS TOPICS VENUE NUMBER OF
PARALEGALS NUMBER OF DAYS
National Introductory Paralegal
Training (Phase 1) Braamfontein 17 5
National Advanced Paralegal Training (Phase 2)
Braamfontein 20 5
FS/NW Basic Legal Training
for Administrative Staff Bloemfontein 15 4
Gauteng Basic Legal Training
for Administrative Staff Braamfontein 20 4
KZN Basic Legal Training
for Administrative Staff Pinetown 22 4
WCNC Basic Legal Training
for Administrative Staff Stellenbosch To be conducted 4
EC Basic Legal Training
for Administrative Staff Port Elizabeth To be conducted 4
MP/LP Basic Legal Training
for Administrative Staff Polokwane To be conducted in 2016 4
National Mediation Skills
Training Braamfontein To be conducted 5
National Mediation Skills
Training Stellenbosch To be conducted 5
20
School for Legal Practice
The Faculty of Law of the North-West University, Potchefstroom Campus and the Law Clinic host the
School for Legal Practice for the North-West Province in association with the Law Society of South
Africa (LSSA) and other major role players in the legal profession.
The School for Legal Practice is situated on the Potchefstroom Campus of the North-West University
and caters mainly for law graduates of the North-West University. The medium of instruction is
English in order to accommodate learners from the province. Students have the option to write their
exams in Afrikaans.
Students who complete the school programme successfully receive one-year reduction from their
articles and may write the Attorneys Admission Examination immediately after completion of the
school programme.
The school is administered as prescribed by the Policy Statement of the LSSA and students are
issued with the training material developed by the LSSA. Assessment is also in accordance with the
Policy Statement. Instructors are legal practitioners with appropriate experience in a specific legal
field.
37 Students were enrolled in the School for Legal Practice during 2015.
21
The module programme includes the following subjects:
Module 1: Module 2:
Criminal Court Practice
Constitutional Practice
Professional Conduct
Trial Advocacy
Magistrate’s Court Practice
High Court Practice
Matrimonial and Divorce matters
Personal Injury Claims Insolvency Procedures
Legal Costs
Alternative Dispute Resolution
Module 3: Module 4:
Commercial contracts
Commercial litigation
Forms of business enterprises
Labour Dispute Resolution
Wills, Estates and Trusts
Attorneys Bookkeeping
Aspects of Business Management
22
Involvement in other Projects
South African University Law Clinic Association (SAULCA)
(formerly known as Association of University Legal Aid Institutions (AULAI))
SAULCA is a voluntary association of all South African university law clinics, established in
approximately 1982 to promote and protect the interests, values and goals of its members. SAULCA's
vision is to be a professional and efficient organization committed to democratic values and human
rights, and dedicated to promoting excellence in clinical legal education and access to justice. The
Director, Mr. Schalk Meyer and Ms. Chrisna Landsberg serve on the Executive Committee of
SAULCA.
AULAI Trust
AULAI TRUST is a fund created for the benefit of all university based legal aid & clinical legal
educational institutions in South Africa.
The Director of the Law Clinic, Mr Schalk Meyer, is the Programme Manager for the Trust, and the
Clinic handles the programme management of the Trust.
National Alliance for the Development of Community Based Advice offices
(NADCAO)
NADCAO is a forum of different stakeholders that share the interest and commitment to ensure the
sustainability of the paralegal sector. The stakeholders, including service providers, donors,
membership based organizations, and national NGOs, represent a new and fresh partnership model
of different role players and interests, tied together by common concerns and commitments.
These common concerns and commitments include:
Expansion of access to social justice in South Africa;
Sustainability of the sector;
The need for advocacy to help advance processes related to the recognition by government;
Professionalization of the sector.
The Director of the Law Clinic, Mr Schalk Meyer, is a board member of NADCAO.
23
Contact Details
Physical Address:
1st floor GKSA Administrative Building
C/o Thabo Mbeki Drive & Meyer street
POTCHEFSTROOM
2531
Tel: +27 18 297 5341
Fax: +27 18 297 1395
E-Mail: [email protected]/[email protected]
Website: www.puk.ac.za/fakulteite/regte/ccld_e.html
Postal Address:
North West University, Potchefstroom Campus, Law Clinic
P.O Box 20810
Noordbrug
POTCHEFSTROOM
2522
24
25
Acknowledgements
The North-West University, Potchefstroom Campus, Law Clinic renders outstanding services set out
in this report. The contributions from all our donors are very important as, without these contributions,
it would not have been possible to render the services as set out herein. This joint venture is of great
benefit to the people we wish to serve and the Law Clinic wishes to acknowledge the contributions
from all our donors.