saulca

Justice Through Legal Education

AULAI Trust

 

REPORT ON ACTIVITIES FOR THE YEARS 2009, 2010 & 2011

 

 

 

 

Report on the activities of the Association of University Legal Aid Institutions Trust (“The Trust”) for the years 2009, 2010 & 2011.


INTRODUCTION


AIM

“The AIM of the AULAI Trust shall be to create a fund for the benefit of all legal aid and clinical legal educational institutions (attached to universities in the Republic of South Africa), the operations of which are in the interest of the public of the Republic of South Africa”

(Quotation: Trust Deed, AULAI Trust)


OBJECTIVES

The OBJECTIVES of the AULAI Trust in terms of its founding documents can be summarized as follows:

  1. The promotion of Legal Aid in South Africa in particular through the co-ordination and promotion of the activities and interests of legal aid institutions attached to the universities of South Africa;
  2. The encouragement and promotion of practical legal education of law students by such legal aid institutions;
  3. The provision of programme support and capacity building to the above institutions;
  4. Fostering and maintaining and extending the public confidence in the law and the administration of justice; and
  5. The development of collaborative partnerships with other organisations that share the vision of the Trust, such as the paralegal movement in South Africa.

 

 2.        HISTORICAL BACKGROUND

            ESTABLISHMENT OF THE TRUST

           

Prior to 1994 the Ford Foundation funded a number of University Law Clinic ULC’s at Historically Disadvantaged Universities within their clinical legal education programmes. After 1994 the Ford Foundation decided to expand their operation to include all University Law Clinics in the country and their requirement was that a legal entity be established to administer and manage this funding. The Ford Foundation then made available a once of endowment grant of US $1 000 000. They approached Asha Ramgobin, the then Director of the UND Law Clinic and executive committee member of SAULCA, in this regard and, as a result of the negotiations between the Ford Foundation and Asha Ramgobin, the AULAI Trust was established in 1998. The date of registration of the Trust is 30 June 1998.

 

Furthermore and, as result of the initiative of Asha Ramgobin, the International Commission of Jurists (Swedish Section) made funding available within the “Access to Justice” programme of the Turst.

 

The AULAI Trust then started to fund, initially Historically Disadvantage Universities in the clinical legal education programme. Later it was expanded to also fund other University Law Clinics including Historically White Universities.

 

Within the programme of the AULAI Trust, the Trust also started to fund University Law Clinics as far as their Access to Justice programmes were concerned.

 

In 2002 the Access to Justice Cluster Programme was established through funding from the ICJ Sweden and the following Clusters were established:

 

Cape Human Rights Cluster

Eastern Cape Rural Legal Cluster

Transkei Access to Justice Cluster

KZN Land Legal Cluster

North West Access to Justice Cluster

Mpumalanga Access to Justice Cluster

Limpopo Access to Justice Cluster  

Tshwane Access to Justice Cluster

 

Furthermore the Trust was involved with SAULCA (“The Association of University Legal Aid Institutions”) in a number of projects as follows:-

 

  1. A number of workshops for SAULCA where, inter alia, manuals on CLE

teaching, methodology, curriculum development and assessment were produced.

  1. Global Alliance for Justice Education Conference, Durban
  2. International Conference of the International Journal for Clinical Legal

Education, Johannesburg

  1. International Conference on Legal Aid, Port Elizabeth
  2. All Africa Clinical Legal Education Colloquium, Durban

 

 

3.        THE YEARS 2009, 2010 & 2011

 

            3.1       ACCESS TO JUSTICE CLUSTER PROJECT

 

3.1.1        EXPECTED OUTCOMES OF THE PROJECT

 

3.1.1.1  Short to medium-term outcomes (three years)

 

  • The continued, effective operation of the clusters, servicing advice offices is assured; cohorts of qualified and informed paralegal workers continue to provide high-quality legal advice and support to indigent rural people.
  • Increasing number of clients of advice offices is able to access human and socio - economic rights through the successful resolution of cases.
  • Communities serviced by the clusters are more aware of their rights.
  • The cluster model provides for increased efficiency and cost-effectiveness in the delivery of legal services.
  • The scope and reach of the clusters are increased by bringing in new advice offices and service providers.

 

3.1.1.2.Longer-term outcomes (ten years)

 

  • A sustainable, national network of access to justice clusters providing high-quality and comprehensive legal advice to indigent rural people.
  • A strengthened social security safety-net as clients of advice offices access human and socio-economic rights.

 

3.1.2        ACHIEVEMENTS    

 

By the activities, as to legal back up services within clusters and outreach programmes, as described herein, the Trust and Clusters, in relation to their objectives and goals, achieved the following during the reporting period:

 

  • To expand free legal aid services and therefore Access to Justice to the poor and marginalized people of South Africa;

 

  • To expand training to paralegals, being it at workshops and/or workplace training;

 

  • To expand community involvement by making them aware of their rights (Access to Justice) and to enable them to enforce these rights.

 

  • A major impact to assist farm workers illegally evicted and related labour and social rights;

 

  • A major impact to assist people, mainly women and children as to their specific rights;

 

  • A major impact to assist people in socio-economic rights;

 

  • In general, to assist people in different spheres of the law as to access to justice;

 

  • To train and educate paralegals and the communities at large as to legal issues and their rights in general ”“ this contribute to the building of capacity in the broader sense of the word.

 

 

3.1.3        ESTABLISHED CLUSTERS

 

  • CAPE HUMAN RIGHTS CLUSTER (CHRC)

 

ULC’s involved

University of the Western Cape and Stellenbosch University

 

 

29 PAO’s involved

 

Geographical area

This clusters operates in the CAPE, WEST COAST and BOLAND areas. The back up service activities of the ULC’s and its operations have been confined to certain areas within the METRO, WEST COAST and BOLAND so that duplication of legal services is avoided.

 

 

  • LIMPOPO ACCESS TO JUSTICE CLUSTER (LAJC)

 

ULC’s involved

University of Limpopo

 

 

7 PAO’s involved

 

Geographical area

Capricorn Region in the Province of Limpopo.

 

  • NORTH WEST ACCESS TO JUSTICE CLUSTER (NWAJC)

 

ULC’s involved

North West University, Potchefstroom and Mafikeng Campus

 

35 PAO’s involved

 

Geographical area

 

The North West Province.

 

  • MPUMALANGA ACCESS TO JUSTICE CLUSTER (MAJC)

 

ULC’s involved

North West University, Potchefstroom Campus

 

 

13 PAO’s involved

 

Geographical area

The Mpumalanga Province.

  • FREE STATE ACCESS TO JUSTICE CLUSTER (FSAJC)

 

ULC’s involved

University of the Free State

 

 

17 PAO’s involved

 

Geographical area

Eastern Region in the Free State Province.

 

 

3.1.4        ACTIVITIES WITHIN CLUSTERS

 

                        Activities within Clusters

 

-       Legal and Legal “Back up” services

 

Free legal and legal “Back up” services are rendered in the following areas of law:

 

  • Family matters

(include divorces, domestic violence, maintenance, custody of children, general rights as to women and children)

 

  • Labour matters

 

  • Contract and Delict

 

  • Housing and Land

(includes illegal evictions)

 

  • Wills and Estates

 

  • General civil litigation

 

  • Socio economic matters

                                                      (include grants)

 

  • CHRC

 

(University Law Clinics: Universities of the Western Cape and Stellenbosch)

 

 
 

2011

2010

2009

TOTAL

2614

3114

1278

7006

1033

1182

810

3025

56

84

45

185

 

 

 

 

 

Number of clients assisted:                 

Number of files opened:                     

Number of visits to PAO’s:                 

 

 

  • LAJC

 

(University Law Clinic: University of Limpopo)

 

 
 

2011

2010

2009

TOTAL

2785

2887

560

6232

1307

1279

360

2946

50

50

51

151

 

 

 

 

 

Number of clients assisted:                 

Number of files opened:                                             

Number of visits to PAO’s:                 

 

 

  • NWAJC

 

 

2011

2010

2009

TOTAL

2707

3012

1089

6808

1643

1345

591

3579

72

39

110

321

 

 

(University Law Clinics: University of North West, Potchefstroom and Mafikeng Campus)

 

Number of clients assisted:                 

Number of files opened:                                             

Number of visits to PAO’s:                 

 

 

  • MAJC

 

(University Law Clinic: North West University, Potchefstroom Campus)

 

 
 

2011

2010

2009

TOTAL

1643

2115

589

4347

215

413

286

914

72

121

38

231

 

 

 

 

 

Number of clients assisted:                 

Number of files opened:                                                         

Number of visits to PAO’s:                 

 

 

  • FSAJC

(Establised April 2010)

(University Law Clinic: University of the Free State)

 

 
 

2011

2010

2009

TOTAL

633

 

 

633

596

 

 

596

22

13

 

35

 

 

 

 

 

Number of clients assisted:                 

Number of files opened:                                             

                                      Number of visits to PAO’s:              

 

Total activity of all Clusters (2009-2011):

Number of clients assisted:                        25 028

Number of files opened:                11 060

Number of visits to PAO’s:                       923    

 

Attach hereto a diversity chart for the number of clients assisted, files opened and number of visits to PAO’s as per Cluster (Annexure “A”).

 

                                    Training Programme

During the reporting period, Paralegals received either formal or informal / “on site” training in, inter alia, the following subjects:

Office, File, Financial and Staff Administration and Management.

Children’s Act

Sexual Offences Act

Maintenance Act

Domestic Violence Act

Socio Economic Aspects

(Social grants, pensions etc.)

 

HIV and the law

Consumer law

Basic litigation skills

Small Claims Court

Rights of refuges

Labour Law

Train the trainer

 

A significant number of Paralegals attended the training taking into account that approximately 90 PAO’s are involved in the Cluster Projects.

                                   

                                    Community outreach

During the reporting period the Clusters presented a number of workshops within the communities where they operate as well as schools in their areas.

 

                                    The topics for these workshops were, inter alia, the following:

-       Workshops: communities:

Evictions

Customary marriages

Domestic violence

Access to Justice

Social grants

Consumer protection

HIV Aids

Maintenance

-       Workshops: Schools

Rape

Robbery

Illegal drug abuse

Consequences of criminal record

 

Teenage pregnancy

Teacher ”“ Learner relationships

Graffiti

General principles of the law

Learners questioning police officers (social crime interventions)

                       

 

                        The number of workshops, numbers of community members and learners reached:

-                        No of Community workshops: Approximately 200

-                        No of Community members reached: Approximately 2 000

-                        No of learners reached at School workshops: Approximately 15 000

                       

 

3.2       CANDIDATE ATTORNEY PROJECT: DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (DOJ + CD) / SAULCA

 

 

                        3.2.1    Introduction

 

The Association of University Legal Aid Institutions (SAULCA) entered into a Service Level Agreement with the DOJ +CD in 2008 in terms of which the DOJ + CD makes funding available to University Law Clinics (ULC’s) to appoint Candidate Attorneys (CA’s) and Mentors within ULC’s. The aim of this project is as follows:

 

-       To enable LLB graduates to enter into “articles” ”“ Access to the Profession.

-       To expand Access to Justice to poor and marginalised people as ULC’s can assist more people with the added capacity

 


3.2.2    Results and achievements

 

-       Numbers:

 

 

2011

2010

2009

TOTAL

No of ULC’s involved

16

15

10

X

No of CA’s

133

131

101

365

No of cases dealt with

11 875

9 240

5 096

26 217

 

 

 

-       Achievement

 

It is clear that, as a result of this Project, a significant number of LLB Graduates could do their articles / community service to enable them to qualify as Attorneys. It, furthermore, is clear that Access to Justice is more available to poor and indigent people and more specifically in the following matters:

 

  • Divorces
  • Family
  • Delict
  • Labour
  • Debt relief
  • Evictions
  • Criminal
  • General

 

The monetary value of the cases dealt with, according to Legal Aid South Africa’s Judi care Tariff, is approximately R45 million.

 

 

3.3       CAPACITY BUILDING PROJECTS: SAULCA

3.3.1    Capacity Building Workshop: University of KZN, Pietermaritzburg Campus 2009:


 

 

            -           Introduction

The Association of University Legal Aid Institutions (SAULCA) hosted a workshop on a Best Practice Model for Legal Education in South Africa: Identifying Operational Guidelines for University Based Law Clinics in South Africa in Pietermaritzburg at the University of KZN: Pietermartizburg Campus from the 15th to the 17 July 2009 funded by The AULAI Trust.

 

            -           Attendance

All University Based Law Clinics of which there are 19 were invited to attend the workshop. 17 Law Clinics attended. 40 Delegates from the ULC’s attended the workshop.

 

-           Objectives of the workshop

The broad objectives of the workshop were

  • Understanding the current reality and operational environment of law clinics in South Africa.
  • Sharing of information between ULC’s in relation to the law practice component
  • Strengthening the law practice component of the law clinic through the production of best practice guidelines for the operations of the law practice.
  • Envisioning a Road Map towards best practice guidelines for ULC’s in South Africa.


 

                       

                        3.3.2    SAULCA Winter Conference: University of the Western Cape, Bellville, 2011

                                   

-           Introduction

The SAULCA hosted a conference at the University of the Western Cape, Bellville from 28 June 2011 to 1 July 2011 funded by the AULAI Trust.

The Conference Theme was “Shaping the Law Clinics of Tomorrow” ”“ lessons learnt and stories told ”“ “Learn the past, watch the present, create the future” ”“ Jesse Conrad.

 

            -           Main focus

The main objectives of the conference were to stimulate critical thinking, scholarly research, presentation and publication skills and discussion amongst clinicians around the four main pillars in terms of which law clinics in South Africa operate namely:

  1. Clinical legal education
    1. The clinic’s law practice used as a vehicle to provide

practical legal training to law students;

  1. Community outreach programmes enabling clinics to address “access to justice” issues; and
  2. The role of law clinics in general

Being the first time that a conference was held for and by law clinicians in South Africa, the executive had also in mind, albeit as a subsidiary objective, to elevate the status of law clinics and law clinicians within legal academia.

 

           

3.4       OTHER ASPECTS

3.4.1    National Alliance for the Development of Community Advice Office (NADCAO)

            The AULAI Trust is involved in the activities of NADCAO and the Programme Manager represents the Trust on the Board of Directors of NADCAO

            The objective of NADCAO is to assist Paralegals and Paralegal Advice Offices (PAO’s) to, inter alia, develop themselves to, eventually, become self sustainable.

3.4.2    Boards, Communities, Task Teams etc.

            The President and Executive Committee members of SAULCA, the Programme Manager of the Trust and Trustees and some other Clinicians are involved in a number of Boards, Committees, Task Teams etc. in the field of higher education, access to justice, matters pertaining to the legal profession and others.

 

4.         FUNDING AND FUNDERS

            The funders of the AULAI Trust are:

-                                        Atlantic Philanthropies

-                                        The Charles Stewart Mott Foundation

-                                        The DOJ + CD

The AULAI Trust wishes to express it’s gratitude towards the funders for their generous contribution.

 

5.         CONCLUSION

It is evident that the AULAI Trust is successful in it’s operations and contributes significantly to the activities of ULC’s as well as Access to Justice in the Republic of S.A.

 

Compiled by

Schalk Meyer

Programme Manager AULAI Trust

9 March 2012

AULAI TRUST REPORT 210-2013

AULAI TRUST

 

REPORT ON ACTIVITIES FOR THE YEARS 2010 to 2013

 

 

 

Report on the activities of the Association of University Legal Aid Institutions Trust (“The Trust”) for the years up to the end of the year 2013

 

 

  1. INTRODUCTION

 

1.1.            AIM

“The AIM of the AULAI Trust shall be to create a fund for the benefit of all legal aid and clinical legal educational institutions (attached to universities in the Republic of South Africa), the operations of which are in the interest of the public of the Republic of South Africa, _ _” (Quotation: Trust Deed, AULAI Trust)

 

 

 

            1.2       OBJECTIVES

The OBJECTIVES of the AULAI TRUST in terms of its founding documents can be summarized as follows:

1)                  The promotion of Legal Aid in South Africa in particular through the co-ordination and promotion of the activities and interests of legal aid institutions attached to the universities of South Africa;

 

2)                  The encouragement and promotion of practical legal education of law students by such legal aid institutions;

 

3)                  The provision of programme support and capacity building to the above institutions;

 

4)                  Fostering and maintaining and extending the public confidence in the law and the administration of justice; and

 

5)                  The development of collaborative partnerships with other organisations that share the vision of the Trust, such as the paralegal movement in South Africa.

 

 

  1. HISTORICAL BACKGROUND

ESTABLISHMENT OF THE TRUST

           

Prior to 1994 the Ford Foundation funded a number of University Law Clinic ULC’s at Historically Disadvantaged Universities within their clinical legal education programmes. After 1994 the Ford Foundation decided to expand their operation to include all University Law Clinics in the country and their requirement was that a legal entity be established to administer and manage this funding. The Ford Foundation then made available a once of endowment grant of US $1 000 000. They approached Asha Ramgobin, the then Director of the UND Law Clinic and executive committee member of AULAI, in this regard and, as a result of the negotiations between the Ford Foundation and Asha Ramgobin, the AULAI Trust was established in 1998. The date of registration of the Trust is 30 June 1998.

 

Furthermore and, as result of the initiative of Asha Ramgobin, the International Commission of Jurists (Swedish Section) made funding available within the “Access to Justice” programme of the Turst.

 

The AULAI Trust then started to fund, initially Historically Disadvantage Universities in the clinical legal education programme. Later it was expanded to also fund other University Law Clinics including Historically White Universities.

 

Within the programme of the AULAI Trust, the Trust also started to fund University Law Clinics as far as their Access to Justice programmes were concerned.

 

In 2002 the Access to Justice Cluster Programme was established through funding from the ICJ Sweden and the following Clusters were established:

 

Cape Human Rights Cluster

Eastern Cape Rural Legal Cluster

Transkei Access to Justice Cluster

KZN Land Legal Cluster

North West Access to Justice Cluster

Mpumalanga Access to Justice Cluster

Limpopo Access to Justice Cluster  

Tshwane Access to Justice Cluster

 

Furthermore the Trust was involved with AULAI (“The Association of University Legal Aid Institutions”) in a number of projects as follows:-

 

1.         A number of workshops for AULAI where, inter alia, manuals on CLE

Teaching, methodology, curriculum development and assessment were produced.

2.         Global Alliance for Justice Education Conference, Durban

3.         International Conference of the International Journal for Clinical Legal

Education, Johannesburg

4.         International Conference on Legal Aid, Port Elizabeth

5.         All Africa Clinical Legal Education Colloquium, Durban

 

 

3.        THE YEARS 2010 ”“ 2013

 

            3.1       ACCESS TO JUSTICE CLUSTER PROJECT

 

3.1.1        EXPECTED OUTCOMES OF THE PROJECT

 

3.1.1.1  Short to medium-term outcomes (three years)

 

  • The continued, effective operation of the clusters, servicing advice offices is assured; cohorts of qualified and informed paralegal workers continue to provide high-quality legal advice and support to indigent rural people.
  • Increasing number of clients of advice offices is able to access human and socio - economic rights through the successful resolution of cases.
  • Communities serviced by the clusters are more aware of their rights.
  • The cluster model provides for increased efficiency and cost-effectiveness in the delivery of legal services.
  • The scope and reach of the clusters are increased by bringing in new advice offices and service providers.

 

3.1.1.2.Longer-term outcomes (ten years)

 

  • A sustainable, national network of access to justice clusters providing high-quality and comprehensive legal advice to indigent rural people.
  • A strengthened social security safety-net as clients of advice offices access human and socio-economic rights.

 

3.1.2        ACHIEVEMENTS    

 

By the activities, as to legal back up services within clusters and outreach programmes, as described herein, the Trust and Clusters, in relation to their objectives and goals, achieved the following during the reporting period:

 

  • To expand free legal aid services and therefore Access to Justice to the poor and marginalized people of South Africa;

 

  • To expand training to paralegals, being it at workshops and/or workplace training;

 

  • To expand community involvement by making them aware of their rights (Access to Justice) and to enable them to enforce these rights.

 

  • A major impact to assist farm workers illegally evicted and related labour and social rights;

 

  • A major impact to assist people, mainly women and children as to their specific rights;

 

  • A major impact to assist people in socio-economic rights;

 

  • In general, to assist people in different spheres of the law as to access to justice;

 

  • To train and educate paralegals and the communities at large as to legal issues and their rights in general ”“ this contribute to the building of capacity in the broader sense of the word.

 

 

3.1.3        ESTABLISHED CLUSTERS

 

  • CAPE HUMAN RIGHTS CLUSTER (CHRC)

 

ULC’s involved

University of the Western Cape

 

Geographical area

This clusters operates in the CAPE, WEST COAST and BOLAND areas. The back up service activities of the ULC’s and its operations have been confined to certain areas within the METRO, WEST COAST and BOLAND so that duplication of legal services is avoided.

 

 

  • LIMPOPO ACCESS TO JUSTICE CLUSTER (LAJC)

 

ULC’s involved

University of Limpopo

Geographical area

Capricorn Region in the Province of Limpopo.

 

  • NORTH WEST ACCESS TO JUSTICE CLUSTER (NWAJC)

 

ULC’s involved

North West University, Potchefstroom and Mafikeng Campus

Geographical area

The North West Province.

 

  • MPUMALANGA ACCESS TO JUSTICE CLUSTER (MAJC)

 

ULC’s involved

North West University, Potchefstroom Campus

Geographical area

The Mpumalanga Province.

  • FREE STATE ACCESS TO JUSTICE CLUSTER (FSAJC)

 

ULC’s involved

University of the Free State

 

PAO’s involved

Geographical area

Eastern Region in the Free State Province.

 

                                    Closed down at the end of 2011

 

 

 

Activities within the period: 2010-2012

                        -           Legal and Legal “Back up” services:

Free legal and legal “Back up” services are rendered in the

following areas of law:

                       

                                    *          Family matters

(include divorces, domestic violence, maintenance, custody of children, general rights as to women and children)

                                   

*          Labour matters

                                    *          Contract and Delict

                                    *          Housing and Land

                                                (includes illegal evictions)

 

                                    *          Wills and Estates

                                    *          General civil litigation

                                    *          Socio economic matters

                                                (includes grants)

 

                        -           Combined Activities within all the Clusters: 2010-2012

Number of clients assisted                   :   23 146

                                    Files opened                                        :   10 961       

                                    Number of visits to PAO’s                   :         879       

 

            If these numbers are analyzed, the results are as follows:

 

Grant Period: 36 months

PER MONTH

During Grant Period

PER WORKING DAY

During Grant Period

No of clients assisted

23 146

643

28

No of files opened

10 961

304

15

No of visits to PAO’s

879

24

1

 

*It is therefore evident that the contribution of the Cluster Programme operated by        the AULAI Trust in co-operation with ULC’s to free legal aid services is        tremendous.

 

 

            Activities for 2013

Combined Activities of the Clusters for the year 2013

 

Period covered

List of provinces

No. of advice offices assisted

No. of visits to advice offices

No. of files opened

No. of clients assisted

No. of work-shops held

No. of people reached through workshops

1 Jan ”“ 31 Dec 2013

North West

27

97

540

2043

48 (community, school, prison, crime intervention)

24

(paralegal training)

6334

 

 

 

 

236

1 Jan ”“ 31 Dec 2013

Mpumalanga

13

1 Jan ”“ 31 Dec 2013

Western Cape

28

1 Jan ”“ 31 Dec 2013

Limpopo

6

 

 

Community Outreach Programme:

During the reporting period the Clusters presented a number of workshops within the communities where they operate as well as schools in their areas.

The topics for these workshops were, inter alia, the following:

 


 

Workshops: communities:

Evictions

Customary marriages

Domestic violence

Access to Justice

Social grants

Consumer protection

HIV Aids

Maintenance

 

Workshops: Schools

Rape

Robbery

Illegal drug abuse

Consequences of criminal record

 

Teenage pregnancy

Teacher ”“ Learner relationships

Graffiti

General principles of the law

Learners questioning police officers (social crime interventions)

 

A number of Community Outreach Workshops were held.

The main objective of these workshops is to educate member 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. The themes that were discussed were the following: Sexual Abuse: Children; Domestic Violence; Socio-Economic Rights of HIV Infected Women and Children; Administration of Estates; Human Rights; Referral Organistaions; Drugs and Substance Abuse; HIV/AIDS and the Law:

 

            NWAJC

Number of workshops                        : 21

Number of people attended    : 428

 

LAJC

Number of workshops                        : 10

Number of people attended    : 206

 

 

During 2013 the NWAJC conducted 13 school workshops at different high schools in the Ikageng, Jouberton and Ventersdorp area, reaching a total of 4080 high school children. Topics discussed were Rape, Sexual Offences, Substance Abuse, Dress Code of Uniform, Women’s and Children Abuse and Crime Prevention.

 

The NWAJC continued the “Prison Alert Project”, as part of the NWAJC Crime Prevention Street Law program. In total 120 learners visited the Wilgeboom Correctional Services outside Potchefstroom. The learners were taken on a tour inside the prison and three prisoners gave motivational speeches.

 

The NWAJC was invited to participate in a project in collaboration with the Police Crime Prevention and Department of Education where Rape, Sexual Offences, Substance Abuse and the Prevention of Women’s and Children Abuse was discussed with 1500 learners.

 

On-site support and in-house training to Advice Offices

During the reporting period, Paralegals received either formal or informal / “on site” training in, inter alia, the following subjects:

Office, File, Financial and Staff Administration and Management.

Children’s Act

Sexual Offences Act

Maintenance Act

Domestic Violence Act

Socio Economic Aspects

(Social grants, pensions etc.)

 

HIV and the law

Consumer law

Basic litigation skills

Small Claims Court

Rights of refuges

Labour Law

Train the trainer

 

A significant number of Paralegals attended the training taking into account that approximately 90 PAO’s are involved in the Cluster Projects.

          

Certified Training Programme:

During 2012/2013 the NWU Potchefstroom Campus Law Clinic presented the formally accredited Introductory and Advanced Short Learning Programme for Paralegals countrywide facilitated by the Foundation for Human Rights which is funded by the Department of Justice and Constitutional Development and the European Union under the Sector Budget Support Programme-Access to Justice and the Promotion of Constitutional Rights.

This training consisted of 12 x 4 day and 12 x 3 day training workshops: In total 24 workshops and were attended by Community Based Paralegals from various Paralegal Advice Offices across the country. The topics addressed are as follows:

 

Introductory Short Learning Programme

- Administration

- Administration of Estates

- Socio-Economic Rights of HIV-infected Women and Children

- Consumer Related Matters

- Consultation Skills

- Civil Matter and Procedure

- Family Related Matters

- Ethics

- Constitutional Law and Human Rights

- Referral Organisations

- Prescription

 

Advanced Short Learning Programme

- Customary Law

- Labour Law

- The Children’s Act

- Land Matters

 

The number of Community Based Paralegals that attended the training aforementioned is as follows:

REGION

INTRODUCTORY SHORT LEARNING PROGRAMME

 

ADVANCED SHORT LEARNING PROGRAMME

 

Gauteng

26

16

Eastern Cape

26

21

Western Cape

28

14

Mpumalanga

14

7

North-West

32

27

KZN

15

10

TOTAL

141

95

 

           

3.2       CANDIDATE ATTORNEY PROJECT: DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (DOJ + CD) / AULAI

                       


3.2.1    Introduction

The Association of University Legal Aid Institutions (AULAI) entered into a Service Level Agreement with the DOJ +CD in 2008 in terms of which the DOJ + CD makes funding available to University Law Clinics (ULC’s) to appoint Candidate Attorneys (CA’s) and Mentors within ULC’s. The aim of this project is as follows:

To enable LLB graduates to enter into “articles” ”“ Access to the Profession.

To expand Access to Justice to poor and marginalised people as ULC’s can assist more people with the added capacity

 

3.2.2    Results and achievements

Numbers:

 

2011

2010

2009

TOTAL

No of ULC’s involved

16

15

10

X

No of CA’s

133

131

101

365

No of cases dealt with

11 875

9 240

5 096

26 217

 

Achievement

It is clear that, as a result of this Project, a significant number of LLB Graduates could do their articles / community service to enable them to qualify as Attorneys. It, furthermore, is clear that Access to Justice is more available to poor and indigent people and more specifically in the following matters:

Divorces

Family

Delict

Labour

Debt relief

Evictions

Criminal

General

 

The monetary value of the cases dealt with, according to Legal Aid South Africa’s Judi care Tariff, is approximately R45 million.

This project was terminated in March 2012.

 

3.3       CAPACITY BUILDING PROJECTS: SAULCA: 2009 to 2013

3.3.1    Capacity Building Workshop: University of KZN, Pietermaritzburg Campus 2009:

 

                                    -           Introduction

The Association of University Legal Aid Institutions (AULAI) hosted a workshop on a Best Practice Model for Legal Education in South Africa: Identifying Operational Guidelines for University Based Law Clinics in South Africa in Pietermaritzburg at the University of KZN: Pietermartizburg Campus from the 15th to the 17 July 2009 funded by The AULAI Trust.

 

                                    -           Attendance

All University Based Law Clinics of which there are 19 were invited to attend the workshop. 17 Law Clinics attended. 40 Delegates from the ULC’s attended the workshop.

 

-           Objectives of the workshop

The broad objectives of the workshop were

Understanding the current reality and operational environment of law clinics in South Africa.

Sharing of information between ULC’s in relation to the law practice component

Strengthening the law practice component of the law clinic through the production of best practice guidelines for the operations of the law practice.

Envisioning a Road Map towards best practice guidelines for ULC’s in South Africa.


 

                       

3.3.2    AULAI Winter Conference: University of the Western Cape, Bellville, 2011

                                    -           Introduction

The AULAI hosted a conference at the University of the Western Cape, Bellville from 28 June 2011 to 1 July 2011 funded by the AULAI Trust.

The Conference Theme was “Shaping the Law Clinics of Tomorrow” ”“ lessons learnt and stories told ”“ “Learn the past, watch the present, create the future” ”“ Jesse Conrad.

 

                                    -           Main focus

The main objectives of the conference were to stimulate critical thinking, scholarly research, presentation and publication skills and discussion amongst clinicians around the four main pillars in terms of which law clinics in South Africa operate namely:

Clinical legal education

The clinic’s law practice used as a vehicle to provide

practical legal training to law students;

Community outreach programmes enabling clinics to address “access to justice” issues; and

The role of law clinics in general

Being the first time that a conference was held for and by law clinicians in South Africa, the executive had also in mind, albeit as a subsidiary objective, to elevate the status of law clinics and law clinicians within legal academia.

 

3.3.3    AULAI Winter Bosberaad: Pine Lodge Conference Centre and Resort: hosted by Nelson Mandela Metropolitan University, Port Elizabeth, 2013.

                                    -           Theme

                                                AULAI: 30 YEARS AND BEYOND

 

                                    -           Introduction

After reaching a milestone of 30 years, it was important to celebrate the significant contributions which have been made and continue to be made by clinicians in respect of the clinical movement as well as critically evaluate and review the current clinical movement in light of the new demands brought by the democratization in post apartheid South Africa. After 30 years of adapting clinical legal education in South Africa, a Winter Conference was an ideal platform to also allow individual clinicians to be introspective about their own involvement in the CLE movement.

 

With about 40% of clinicians having less than 3 years experience and not having been exposed to previous skills based workshops, as well as the benefit of being exposed to the manuals relating to the CLE syllabus, teaching methodology, modes of assessment and the administration of law clinics; it was of great importance to hold a workshop in which clinicians, especially the newer ones, could be exposed to CLE practices and methodologies.

 

                                    -           Main Focus of the Conference:

                                                The main objectives of the conference was to:

                                                *          Create and promote awareness, passion and interest in the

clinical movement as well as social justice, especially amongst the newer clinicians, inculating a sense of unity, camaraderie and unified vision amongst clinicians.

 

                                                *          simulate critical thinking in order to evaluate and identify the

challenges faced by clinicians, particularly the funding challenges faced by Law Clinics.

                                               

                                                *          Adopting approaches to combating these challenges and

identifying sound solutions to common problems.

 

*          Facilitating a critical approach by individual clinicians to CLE practices and methodologies.

 

*          Critically identify and evaluate AULAI, including its executive committee’s role, objectives and relationship towards clinicians and Law Clinics in South Africa.

*          Encourage and strengthen relationships and networking opportunities between clinicians.

*          Identify, promote & strengthen clinicians involvement in AULAI affairs.

*          Identify and critically analyse the Constitution of AULAI with a view of adopting any amendments to meet the current vision and objectives of AULAI

*          Meeting of the AULAI AGM

*          Identify and elect Focus Groups

*          Create awareness of the CLE manuals as well as encourage clinicians involvement in the drafting, updating and publishing of the CLE manuals.

                                    -           Name change

The name of AULAI was changed at the Bosberaad to South African University Law Clinics Association: SAULCA

 

3.4       OTHER ASPECTS

3.4.1    National Alliance for the Development of Community Advice Office (NADCAO)

The AULAI Trust is involved in the activities of NADCAO and the Programme Manager represents the Trust on the Board of Directors of NADCAO

The objective of NADCAO is to assist Paralegals and Paralegal Advice Offices (PAO’s) to, inter alia, develop themselves to, eventually, become self sustainable.

 

3.4.2    Boards, Communities, Task Teams etc.

The President and Executive Committee members of AULAI, the Programme Manager of the Trust and Trustees and some other Clinicians are involved in a number of Boards, Committees, Task Teams etc. in the field of higher education, access to justice, matters pertaining to the legal profession and others.

 

4.         FUNDING AND FUNDERS

            The funders of the AULAI Trust: 2009 - 2013

Atlantic Philanthropies

The Charles Stewart Mott Foundation

The DOJ + CD

The AULAI Trust wishes to express it’s gratitude towards the funders for their generous contribution.

 

5.         CONCLUSION

It is evident that the AULAI Trust is successful in it’s operations and contributes significantly to the activities of ULC’s as well as Access to Justice in the Republic of S.A.

 

 

Compiled by

Schalk Meyer

Programme Manager AULAI Trust

May 2014

Enquiry:

Complete and submit

Contact us:

Tel and address detail:

 

 

Chrisna Landsberg

North West University, Potchefstroom Campus

Tel:  (018) 297-5341

Email: chrisna.landsberg@nwu.ac.za

Sbp0153597veer

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