Welcome to our 2019 Joburg interns - ProBono.org
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READ ABOUT OUR EVENTS
ON OUR WEBSITE :
www.probono.org.za
Issue 64
IN THIS ISSUE • APRIL 2019
• New interns in Joburg
• The Family House project – new developments
• The importance of estate planning and having a will
• “Reasonable charges” in the Consumer Protection Act
• Human Rights Festival 2019 at Conhill
Welcome to our
2019 Joburg interns
We are very pleased to be able to
report that our 2018 interns were all
offered articles with law firms and
with Legal Aid South Africa.
Here are the new intakes for 2019
together with volunteer Zandi
Mahlangu. We hope they have a
rewarding and interesting time with
us and that they will carry with them
a passion for pro bono work and
assisting the less fortunate.
Muchengeti (Chengi) brought on as an intern in the
Hwacha Child Law department in January
2019. He has had experience in
Chengi comes from a long line of public interest law, volunteering
legal professionals. His grandfather for organisations such as the
was one of Zimbabwe’s first International Commission of
post-colonial black judges and Jurists (ICJ) Africa, Zimbabwe
his father is a founding partner of Lawyers for Human Rights (ZLHR)
one of Zimbabwe’s top law firms. and the Constitutional Literacy and
Following in the family’s footsteps Service Initiative (CLASI). During
Muchengeti completed an LLB at his tenure at ZLHR, where he
the University of KwaZulu-Natal worked on electoral law reform
(PMB). He has supplemented this research, he developed a strong
qualification with Certificates from passion for activism on electoral
the University of the Witwatersrand issues. He developed this into
in Intellectual Property Law and a campaign for diaspora voting
Banking and Financial Markets rights in Zimbabwe. Listen to an
Law. interview he gave on the topic for
His first experience with ProBono. Cliff Central Radio here:
Org was as a volunteer at the http://cliffcentral.com/no-
Divorce Court help desk at the borders/no-borders-mtv-shuga-
Johannesburg Family Court oyc-con-courts/
in August 2018. He was then
1
Phindile Cele statement “justice for all” is not just
a narrative to those who cannot
Phindile Cele was born in afford legal services. “I am looking
KwaZulu-Natal and completed forward to learning and mastering
her LLB degree at the University of the areas of law ProBono.Org
South Africa in 2018. specialises in, but mostly I hope
to make an impact on the lives of
She is currently doing a those who need legal assistance”,
Master’s degree in Family Law. she says. Phindile worked at the
Before completing her degree University of South Africa as a
she volunteered at Mason post-graduate student assistant
Attorneys doing vocational for two years, assisting academics
work; volunteering there was with research and admin work.
confirmation for her that she had “Working at UNISA exposed me to
chosen the right career path. career opportunities available in
She applied for an internship at the academic environment, and
ProBono.Org to gain exposure to after I am admitted as an attorney
various areas of law and help the I would love to pursue a career as
less privileged. She has a passion to an academic, specialising in family
educate, which is a way of giving law.”
back to society; to ensure that the
Mukhethwa Chauke had an opportunity to volunteer
at ProBono.Org in Johannesburg
Mukhethwa was born and raised and was excited to be working in
in Venda (Limpopo) and, like a legal environment for the first
many people, moved to Gauteng time. “Working with people from
to pursue tertiary education. He marginalised and under-privileged
completed his LLB degree at the communities who have sensitive
University of South Africa in 2018. legal matters is something I have
He participated in the street law grown an intense interest in. I
programme at university and was believe pro bono work should be a
exposed to community work, mandatory requirement for all legal
where he realised that he is a practitioners.
social justice warrior. In 2018 he
ProBono.Org Joburg
participated in the second
Human Rights Festival
organised by Constitution Hill.
Human Rights Festival 2019
By Margaret Fish
Over four days from 21 to 24 March the festival included law attorney and child law consultant, along with
poetry, art exhibitions, a film festival, the social forum, volunteer attorneys from Werksmans were on hand to
activism row, a music evening and We the People walks provide advice.
on the Sunday. In addition, there was a marquee with
Meanwhile, in Musina in Limpopo our refugee project
food stalls and a market where creatives sold their
manager attended a Human Rights Day annual soccer
wares.
tournament that commemorated human rights with a
ProBono.Org had a stand in Activism Row and on
Saturday morning we held consultations for people special focus on refugee and migrant rights.
wanting assistance with family law issues. Our family
2
The Family House Project
– forward we go! By Tshenolo Masha
Our collaboration with Dr As the position paper’s research state functionaries that should
Maxim Bolt (University of and case work focused on be explored in advocating
Birmingham and the UK Soweto, this community was for policy and legislative
Social Research Council) on an obvious choice for public reforms in relation to this
the Family House concept engagement. Through the concept. The policy toolkit
continues. Zola Advice Centre, young and was launched officially on 26
old expressed their thoughts, March 2019 at Hogan Lovells.
Following the launch of the
feelings and experiences in Speakers from The Deeds
Position Paper in July 2018, a
relation to this concept. After Office Johannesburg, Master’s
public consultation was held to
going through the sections, Office Johannesburg, the
get feedback on the research
community members gave Gauteng Provincial Legislature
from members of the public.
feedback on the paper based on Portfolio Committee on
The input identified a need for
their lived experiences. A few Human Settlements, the
formal legal recognition of the
assumptions were corrected Gauteng Department of Human
concept. On 9 February 2019
but mostly the community Settlements, the South African
a summarised version of the
members concurred that the Law Reform Commission and a
position paper was presented to
family house is a concept that conveyancing practitioner gave
180 plus community members
is alive within their community their inputs and feedback on
from Jabulani, Zola, Zondi and
but is also difficult to define. the authors’ recommendations
surrounding areas in Soweto.
The community also called on action to be taken to
It was noted that in many
for formal recognition of the ensure policy and legislative
instances when legal reform
concept and families that change. This will lead to more
takes place there is no adequate
practise this concept should be substantive engagements
substantive engagement with
able, through legal mechanisms, with state entities such as the
the affected communities.
to register properties as family Law Reform Commission and
There have been many reforms
homes. provincial departments for
around land ownership and
policy and legislative reforms.
inheritance in urban spaces, The input from this consultation
but it has previously not been and the consultation in July Both documents and updates
adequately communicated 2018 with academics, legal on developments on this project
or explained how these professionals and social can be accessed on this link:
changes would affect the justice organisations saw https://www.birmingham.
manner in which property is the development of a policy ac.uk/schools/historycultures/
owned, administered and even toolkit. This document departments/dasa/research/
accessed. identifies key legislation and the-family-house.aspx
3
The importance of
estate planning and
having a will in place
By Naeelah Williams, Cape Town
Estate planning can be defined as planning and preparing for the transfer 4. Consider how your debts may
of a person’s assets upon death. Policies, pension funds, immovable and affect your estate.
movable property all form part of one’s deceased estate. However, so does The heirs to your estate are often
one’s debts and liabilities. burdened by the debt you incurred
This article aims to amplify the significance of estate planning and will elicit during your lifetime. It is thus
important factors to be considered when doing so. important to be honest with your
Planning one’s estate is crucial to ensure that your loved ones are looked after heirs and to start paying off your
when you pass on. Having a Will drafted is therefore a vital part of getting your debt while you are still alive or,
financial affairs in order and the foundation of every person’s estate plan. alternatively, to consider taking out
some form of life or debt protection
ProBono.Org Cape Town has seen a number of clients who require assistance
insurance.
with the winding up of a loved one’s estate, only to discover that the deceased
estate does not have the necessary liquidity required to settle the debts in the It is of paramount importance to take
estate, or that people who have never cared for the deceased are to inherit. In heed of the implications of passing
most instances this results in extremely trying times for the family members, on without leaving a valid Will. In
heirs and dependants of the deceased. South Africa, if a person passes on
without a valid Will, his/her estate
will be administered in terms of the
Here are four important factors to appoint to be in charge of your Intestate Succession Act, 81 of 1987.
consider when doing the necessary financial affairs after your passing. Intestate succession involves matters
planning: The Executor’s role is an important around ‘blood’ relationships. If one
1. Have a Will drafted by a qualified one and it is essential that you passes on intestate, one’s estate will
professional. consider whether the person you be inherited by his/her closest blood
are appointing understands the relatives. This would entail that the
There are certain formalities in terms
responsibilities of administering a deceased’s spouse will receive R250
of the Wills Act, 7 of 1953, that have
deceased estate. 000, 00 or a child’s portion, whichever
to be complied with in order for a Will
to be accepted as valid by the Master 3. Nominate legal guardians for your is greater. The residue of the estate
of the High Court. Many clients minor children. will be inherited by his/her children
approaching ProBono.Org present This is of utmost importance if you in equal shares. Should the deceased
Wills that often do not comply with have minor children. A testator pass on without leaving behind a
all the prescribed formalities which, in has the freedom of testation and surviving spouse, the entire estate
essence, renders the Will invalid. may appoint in his or her Will the will be inherited by his/her children in
person who will act as the children’s equal shares. If the deceased passes
- Once drafted, it is of utmost
guardian upon his/her death. In away without being survived by a
importance to review your Will on
almost all instances, the surviving spouse, or any descendants, the estate
a continuous basis and to ensure
parent becomes the guardian, and will be inherited by his/her parents
that it is up to date, especially after
for this reason many people tend not and thereafter by his/her closest blood
major life events such as death or
to appoint a guardian when drafting relative/s.
divorce, and
a Will. However, we urge people Comprehending and dealing with
- Leave clear directions with
who are in the process of getting the loss of a loved one is devastating.
someone you trust as to where your
their affairs in order to nominate It is however advisable and strongly
Will can be found.
a guardian in the event that the recommended that family members
2. Take care of who you appoint as surviving parent passes away. This is make contact with the Master of the
the Executor of your estate. essential as every parent would want High Court and all other relevant
Understanding the importance of the person acting as the guardian of financial institutions as soon as is
this becomes apparent when one their minor child/ren to give him/her reasonably possible, as fraud and
understands the role of the Executor. the same love and care the parent criminal activity are rife even during
The Executor is the person you would have given. trying times such as death.
4
Section 17 of the
Consumer Protection Act,
the lacuna By Sanele Zondi, Durban Intern
The Consumer Protection Act, services often impose exorbitant the imposition of a reasonable
68 of 2008 (“the Act”), is one cancellation charges to prevent cancellation charge as
of the most important pieces consumers from cancelling their restitution. This however, is
of legislation for the indigent. reservations, booking or orders, not the approach that the Act
The purpose of the Act as or to make a substantial profit envisages. The Act envisages
per section 3(1) is to promote despite the cancellation. the promotion of social and
and advance the economic economic welfare of consumers
Looking at case law for an
and social welfare of the and it is submitted that
interpretation of a reasonable
consumer by providing the regulation of the reasonable
charge, we have found the
legal framework for achieving charge is necessary.
case of Lombard V Pongola
a consumer market that is fair,
Sugar Milling where the court
accessible and responsible.
held that a reasonable charge/
The Act provides for a variety
remuneration would be the
of consumer rights, but the
usual charge for the goods. We
most notable is section 17,
need to consider the purpose
which provides that consumers
of the Consumer Protection
can now cancel reservations,
Act, that is to promote the
bookings and orders, except
economic and social welfare of
for special ordered goods,
consumers. Imposing exorbitant
and the supplier of the goods
cancellation charges goes
and services may impose
against the purpose of the
a reasonable charge for
Act as it creates an unfair and
cancellation.
inaccessible market, especially
The drafters of the Act however to the indigent who were
left a lacuna that the suppliers intended to be the beneficiaries
of goods and services have of this legislation.
been able to exploit and use
One respectfully submits that
to their advantage. The term
most suppliers of goods and
“reasonable charge” is not
services still follow and view
defined in the Act and as a
cancellation of a reservation
result suppliers of goods and
or order as repudiation and
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telephone: 087 806 6070
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