Reflections from our Interns - ProBono.org
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READ ABOUT OUR EVENTS
ON OUR WEBSITE :
www.probono.org.za
Issue 63
IN THIS ISSUE • FEBRUARY 2019
• Reflections from our Interns
• International Human Rights Day celebrated in Durban
• Dirty tricks on the property front
Reflections from
our Interns
We asked our interns to give us feedback on their experiences at
ProBono.Org. Here is what some of them had to say:
Molebogeng Manyako managed to gain confidence and
say no where necessary.
I joined the Joburg office of
ProBono.Org as an intern on I have sometimes encountered
15 January 2018. I am working difficult clients, as well as the
under the supervision of the sweetest. I enjoy working with
head of the Family Law, Labour the Wills clients, especially the
Law and Wills department. elderly as they always appreciate
our assistance when they come
My experience at ProBono.Org
to collect their Wills.
has really challenged me and
kept me very busy. I consult The road has not always been
with clients and their Family easy and sometimes I have
Law matters on Mondays and even shed a tear. I have enjoyed
Thursdays. On Wednesdays I working with attorneys and
assist with clients’ documents at advocates from different firms
the Family Law legal clinic at the and groups. One of my biggest
office. highlights was when Advocate
Hugh Mbatha told me that I am
What I enjoy most is going to
going to be a good lawyer one
the Family Court every Tuesday
day. These words really humbled
to assist at the divorce help
and encouraged me.
desk with consultations, drafting
summonses and settlement
agreements. Through this I have
1
Akhona Mthembu back to those less fortunate.
My journey at ProBono.Org I started as an intern on 8 January
As I look back on my days with 2018, and soon realised that being
ProBono.Org, I started off in 2015 an intern is very different from
as a volunteer at the Durban office. volunteering. At my first three help
I remember the very first help desk desks we assisted more than 30
I assisted at, which was Housing. clients. Through this I gained vast
It shook me. I came away very knowledge about the law, as practice
emotional as I had listened to the and theory have aspects that are
story of an elderly lady who was different. I learnt that I would need
being evicted from her own house. to learn to link and apply what I had
It had been transferred to her son learnt to practice, in order to solve
fraudulently and she was responsible clients’ issues. I have also had good
for three of her grandchildren, who experiences and relationships with
were all receiving child support other ProBono.Org staff members.
grants. She herself was also We have taught each other a lot
receiving a government pension. about the law and life itself.
The thought of her and her The entire experience has given me
grandchildren not having shelter a new and broader outlook on life,
not only touched me, but made me the importance of assisting the less
determined that one day I would be fortunate, on ethics, morals and the
at ProBono.Org as an intern, so that I legal profession.
too could begin my journey of giving
Zunaid Latief shortlisted for an interview under This opportunity has served as
the Legal Internship Programme a rude awakening to the harsh
between ProBono.Org Cape Town realities that ordinary South Africans
and the HCI Foundation. The have to endure. The brutal truth is
interview proved successful and that people from disadvantaged
I commenced employment with communities quite simply cannot
ProBono.Org on 2 April 2018. afford the services of an attorney or
advocate; and access to justice is a
Initially I felt overwhelmed and
mere illusion for many. However, it
slightly doubted my ability and
has ignited a flame inside of me and
legal knowledge. However, after
spurred on my passion for social
a couple of months and with the
justice, which is what I believe I will
mentorship and encouragement of
really take away from this internship.
my colleagues, the development of
my skillset was evident and I gained a As my time with ProBono.Org
lot more confidence. I was exposed draws to an end, I cannot properly
Upon graduating with a law degree to many different aspects of the legal express my gratitude to the
from the University of the Western profession and I looked forward to organisation for providing me with
Cape at the end of 2016, the harsh learning on the job on a daily basis. this opportunity. My legal knowledge
reality was that I had failed to has increased tenfold and my
The Legal Internship Programme has
secure employment in my field of personal development has been
allowed me to grow exponentially,
study and had no alternative but significant. While I still have lots to
both as a person and as a
to explore other interim avenues learn regarding this profession, I
professional. It has equipped me
in order to support my immediate am confident that this internship
with the necessary tools and skills to
family. has done enough to secure me
pursue a successful career as a legal
employment in the future.
After months of drifting in practitioner. More importantly, it has
mediocrity, I received an email placed me in a position where I can
from the HCI Alumni Programme, continue the theme of giving back to
informing me that I had been society.
2
Commemoration of
International Human Rights Day
By Shamika Dwarika
ProBono.Org (Durban), Radebe and Professor K. highlight the need to Caption for picture (Left to
in partnership with Govender, with the event honour and uphold Right)
the SA Human Rights being facilitated by Adv. human rights principles
• Professor K. Govender
Commission and The D. Ainslie. The theme and standards.
(Commissioner SA Human
Department of Justice of the event was “Lets
Several sponsors came Rights Commission),
and Constitutional Stand Up for Equality,
on board to show their • Benjamin Ntombela (Legal
Development, Justice and Human
support and we are Officer SA Human Rights
hosted an event Dignity”, with each of the
grateful to LexisNexis SA, Commission (KZN)),
to commemorate three speakers dealing
Aquacool, Shackleton • Honourable Deputy
International Human with one sub-theme.
Risk, Varsity College Minister of Justice
Rights Day.
The United Nations Westville (Business and Constitutional
The event was held General Assembly School), Virgin Active | Develpoment, the Hon.
on 10 December 2018 adopted the Universal Collection, Garlicke & J.H. Jeffery, MP,
at the University of Declaration of Human Bousfield attorneys and • Shamika Dwarika (Regional
KwaZulu Natal, Durban Rights in 1948 and 10 the Durban University of Director: ProBono.Org),
and was open to all December was declared Technology (Department • Judge N. Radebe (KZN
legal practitioners and International Human of Applied Law) for their High Courts) and
various organisations. Rights Day. The year contributions. • Asiya Khan (Senior Legal
The speakers were the 2018 marked the 70th Admin Officer: DOJ&CD,
Honourable Deputy anniversary of the day. KZN Regional Office)
Minister of Justice Partners saw this as an
and Constitutional opportunity to celebrate
Development, John the Universal Declaration
Jeffery MP, Judge of Human Rights and
3
Unlawful Property
Sales and Illegal
Evictions by “Agents” By Zunaid Latief, Cape Town intern
In South Africa the conventional Common practice amongst these dwellers, the “agent” often acts as an
purchase and sale of immovable individuals entails the facilitation of enforcer and proceeds to eject these
property is administered by a purchase and sale of immovable occupiers forcefully and illegally.
registered estate agents who property by way of an affidavit and
It has become clear that a number
analyse the property market, cash transaction. In the event that
of underprivileged and marginalised
accompany clients to property either the buyer or the seller has a
individuals are completely misguided
sites, discuss and advise on legal dispute after the agreement
and have little to no knowledge
conditions of sale and prepare has been concluded, it places them
regarding the legalities related to
agreements of purchase and sale in a precarious position, as they find
the purchase and sale of immovable
between buyers and sellers. The they have limited legal recourse
property, as well as the eviction
process is further overseen by a available to them. At this stage, the
process, and they become easy
conveyancer, who ensures that “agent” has already received his or
targets for these so-called “agents”.
the necessary legal formalities her compensation and is nowhere to
In an attempt to combat this
are complied with and essentially be found.
scourge, ProBono.Org Cape Town
ensures that transfer and
The Prevention of Illegal Eviction has embarked on a mission to host
registration take place.
and Unlawful Occupation of several community legal education
Although it is legal for owners and Land Act 19 of 1998 (PIE Act) workshops in affected areas. The
prospective purchasers to buy and safeguards South Africans from aim of these is to empower and
sell immovable property privately, it being unlawfully evicted from the enlighten marginalised individuals
has become apparent that the Cape land or property they occupy. It with basic knowledge in respect
Flats and township areas within the further sets out the procedure for of the acquisition and disposal of
Western Cape have been plagued by the eviction of unlawful occupiers immovable property and the legal
the presence of ordinary community of land and avers that no person implications in respect thereof. These
members, who undertake to may be arbitrarily evicted from workshops also focus on and break
facilitate the process without the their home. Attorneys are therefore down the PIE Act, with the aim of
necessary mandate, or complying often appointed to ensure that educating community members
with the relevant legal framework. eviction proceedings comply with in respect of their rights and
These individuals are often referred the provisions of the Act. However, responsibilities relating to eviction
to as “agents” but are neither legal in light of consultations held with disputes.
practitioners nor registered estate affected parties, it is evident that
agents. In essence, their sole these “agents” blatantly disregard the
aim is to benefit from a healthy provisions of the Act. In situations
commission on conclusion of an where the seller’s property is
unlawful transaction. occupied by tenants or backyard
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