ROLE OF THE SOUTH AFRICAN ROLE OF THE SOUTH AFRICAN UNIVERSITY LAW CLINICS UNIVERSITY LAW CLINICS

ASSOCIATION IN THE ASSOCIATION IN THE PROMOTION OF CLE IN SOUTH PROMOTION OF CLE IN SOUTH

AFRICA AND THE REGIONAFRICA AND THE REGION

SHAMIEL JASSIEM SHAMIEL JASSIEM VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW

CLINICS ASSOCIATION ( SAULCA ) CLINICS ASSOCIATION ( SAULCA ) DIRECTOR- LAW CLINIC- UNIVERSITY OF THE WESTERN DIRECTOR- LAW CLINIC- UNIVERSITY OF THE WESTERN

CAPE CAPE

LAW CLINICS ENVIRONMENTLAW CLINICS ENVIRONMENT South Africa’s history also reflected in Law Clinic history and operational environment. Remain South Africa’s history also reflected in Law Clinic history and operational environment. Remain

massive challenges iro teaching as well as the promotion of access to justice.massive challenges iro teaching as well as the promotion of access to justice.

For those students, who completed their secondary education in an inferior schooling system, For those students, who completed their secondary education in an inferior schooling system, practical training in law clinics is of even greater importance. practical training in law clinics is of even greater importance.

Law clinicians at historically black universities often spend inordinate time on basic writing and Law clinicians at historically black universities often spend inordinate time on basic writing and analytical skills, skills which students should really have already acquired by the stage they reach analytical skills, skills which students should really have already acquired by the stage they reach the clinical law programme. the clinical law programme.

In addition, South Africa is a country facing poverty and unemployment, debilitating diseases and In addition, South Africa is a country facing poverty and unemployment, debilitating diseases and intolerance towards people with AIDS and foreigners. The latter presents a further challenge to intolerance towards people with AIDS and foreigners. The latter presents a further challenge to law clinics, namely of inculcating values of justice and caring in a future generation of lawyers. law clinics, namely of inculcating values of justice and caring in a future generation of lawyers.

Law clinics are best suited to train students in assisting the poor and marginalized in the Law clinics are best suited to train students in assisting the poor and marginalized in the attainment of social and economic freedomattainment of social and economic freedom

BRIEF BACKGROUND OF ULC’S BRIEF BACKGROUND OF ULC’S IN SOUTH AFRICAIN SOUTH AFRICA

Clinics formed due to the initiatives of Clinics formed due to the initiatives of committed law students due to a grass root committed law students due to a grass root need for legal rep by indigent persons whose need for legal rep by indigent persons whose basic human rights were infringedbasic human rights were infringed

In the 70’s ‘legal aid clinics’ were established In the 70’s ‘legal aid clinics’ were established at certain Universities to assist at certain Universities to assist disenfranchised communities. (UCT, WITS , disenfranchised communities. (UCT, WITS , UKZN)UKZN)

Staffed by students on a voluntary basis and Staffed by students on a voluntary basis and they were supervised by private practitionersthey were supervised by private practitioners

By the late 80’s there were established law clinics at all the 21 Universities in South AfricaAfter mergers 17 universities, 19 Law Clinics Received accreditation to operate as a law firm from the Law Societies

Modern Day ClinicModern Day Clinic

Statutorily recognized Statutorily recognized and obtained and obtained accreditation accreditation

Forms part of the Faculty Forms part of the Faculty of lawof law

Employs a full time Employs a full time director, attorneys, director, attorneys, candidate attorneys, candidate attorneys, admin staffadmin staff

Provides free legal Provides free legal servicesservices

Enjoys liability coverEnjoys liability cover Moved from voluntary – Moved from voluntary –

to credited coursesto credited courses All are Members of All are Members of

SAULCASAULCA Receives funding from Receives funding from

University + DonorsUniversity + Donors Cooperation agreements Cooperation agreements

with government with government agencies and fundersagencies and funders

Strong networks Strong networks nationally, regionally and nationally, regionally and internationallyinternationally

FIRST DECADE CHALLENGESFIRST DECADE CHALLENGES

Finding a Unified Voice Finding a Unified Voice that embraces ALL that embraces ALL

Structural changes within Structural changes within the LLB,the LLB,

Academic pressure, Academic pressure, insecure academic tenure insecure academic tenure trackingtracking

Huge staff turn-over - Huge staff turn-over - expertise taken by private expertise taken by private or government agenciesor government agencies

FundingFunding Standardization of CLE Standardization of CLE

curriculum developmentcurriculum development

FINDING A UNIFIED VOICE FOR LAW CLINICS FINDING A UNIFIED VOICE FOR LAW CLINICS

In the late1980’s VURI In the late1980’s VURI formally became AULAI formally became AULAI (Association of University (Association of University Legal Aid Institutions)Legal Aid Institutions)

Became more inclusive – and Became more inclusive – and started operating bilinguallystarted operating bilingually

In 2013 AULAI changed its In 2013 AULAI changed its name to SAULCA – to name to SAULCA – to eliminate confusioneliminate confusion

VURI (VURI (Die Vereniging van Die Vereniging van UniversiteitsregshulpinstellingUniversiteitsregshulpinstellings) s) was formed in 1982 to was formed in 1982 to promote the interests of law promote the interests of law clinics clinics

VURI – an association of VURI – an association of predominately white predominately white universities – Afrikaans the universities – Afrikaans the dominant languagedominant language

VURI was plagued by issues VURI was plagued by issues of race and diversityof race and diversity

Cooperation between law Cooperation between law clinics across the colour clinics across the colour barrier remained limitedbarrier remained limited

SAULCA MISSION SAULCA MISSION

SAULCA is a professional organization committed to SAULCA is a professional organization committed to democratic values and human rights, and dedicated to democratic values and human rights, and dedicated to promoting excellence in clinical legal education and promoting excellence in clinical legal education and access to justice. access to justice.

MISSIONMISSION promote clinical legal education of law students by promote clinical legal education of law students by

members of the association;members of the association; promote and support access to justice in the context promote and support access to justice in the context

of clinical legal education;of clinical legal education; foster, maintain and extend public confidence in the foster, maintain and extend public confidence in the

law and the administration of justice in general.law and the administration of justice in general.

Objectives of SAULCA Objectives of SAULCA Provide financial and program support to its Provide financial and program support to its

members;members; Promote high quality Clinical Legal Education Promote high quality Clinical Legal Education

programs at Universities in South Africa;programs at Universities in South Africa; Encourage and assist member law clinics to promote Encourage and assist member law clinics to promote

social justice;social justice; Provide legal representation, andProvide legal representation, and Foster and encourage values of integrity, Foster and encourage values of integrity,

professionalism and dedication to human rights within professionalism and dedication to human rights within

the legal professionthe legal profession..

Structure of SAULCAStructure of SAULCA SAULCA is a voluntary SAULCA is a voluntary

association (VA) of members association (VA) of members governed in terms of a governed in terms of a Constitution, which is its founding Constitution, which is its founding document. document.

Legally incorporated and is a legal Legally incorporated and is a legal entity on its own.entity on its own.

Membership is institutional. Law Membership is institutional. Law Clinics belong to SAULCA and not Clinics belong to SAULCA and not individual clinicians of the Law individual clinicians of the Law Clinic. ( 19 members)Clinic. ( 19 members)

The membership selects a The membership selects a management executive from its management executive from its members who governs the day to members who governs the day to day activities of the Association.day activities of the Association.

Funding from membership Funding from membership fees, training courses and fees, training courses and AULAI TrustAULAI Trust

Members meets every two Members meets every two yearsyears

2/3 Executive meetings per 2/3 Executive meetings per year year

It has no paid staff and It has no paid staff and executive works on a voluntary executive works on a voluntary basisbasis

A Law Clinic host the A Law Clinic host the secretariat of the organization secretariat of the organization

CAPACITY BUILDINGCAPACITY BUILDING

SAULCA executive spearheaded a range of SAULCA executive spearheaded a range of workshops relating to diversity – SAULCA workshops relating to diversity – SAULCA members started embracing their differences members started embracing their differences and aimed to build a unified and cooperative and aimed to build a unified and cooperative voice for allvoice for all

In 2000 – various capacity building and resource In 2000 – various capacity building and resource building workshops were hosted- Funded by building workshops were hosted- Funded by AULAI TrustAULAI Trust

Aim to draw from the rich teaching methods and Aim to draw from the rich teaching methods and to capture this in three manual so as to develop to capture this in three manual so as to develop a curriculum for CLE in SAa curriculum for CLE in SA

TRAININGTRAINING

Curriculum Development, Teaching Curriculum Development, Teaching Methodology, Assessment, Sustainability Methodology, Assessment, Sustainability WorkshopsWorkshops

Important component of the planning of Important component of the planning of these workshops were the transfer of skills these workshops were the transfer of skills between advantaged and disadvantaged between advantaged and disadvantaged ClinicsClinics

Manuals producedManuals produced

Resource MobilizationResource Mobilization Attorneys Fidelity Fund Attorneys Fidelity Fund Formation of AULAI TRUST – conduit for fundingFormation of AULAI TRUST – conduit for funding FACULTY fundingFACULTY funding Diverse initiatives employed to unlock funds- DOJ & CD Candidate attorney Diverse initiatives employed to unlock funds- DOJ & CD Candidate attorney

programme and training courses (NCR and Paralegal)programme and training courses (NCR and Paralegal) Specialist Law Clinics – attracting huge amount of funding. Donor funds Specialist Law Clinics – attracting huge amount of funding. Donor funds

used to fund various legal unitsused to fund various legal units Formation of Clusters – Network of students, paralegals and law clinicsFormation of Clusters – Network of students, paralegals and law clinics

SECOND DECADE SECOND DECADE CHALLENGESCHALLENGES

Threats of funding by Threats of funding by international donorsinternational donors

Funders shifted Funders shifted resources post 94 resources post 94

SA remains a society with SA remains a society with deep social divisions – deep social divisions – many requires access to many requires access to legal services legal services

Civil Legal Aid remains a Civil Legal Aid remains a challenge to the LEGAL challenge to the LEGAL AID SA because AID SA because inadequate budget inadequate budget allocationallocation

Transformation within the Transformation within the professionprofession

Review of LLBReview of LLB Legal Practice BillLegal Practice Bill LEGAL AID SA set up Justice LEGAL AID SA set up Justice

Centres – decreasing cooperation Centres – decreasing cooperation agreementsagreements

Best PracticesBest Practices ULC’s continue to provide legal ULC’s continue to provide legal

representation to a huge sector of representation to a huge sector of society – within the context of society – within the context of diminishing fundsdiminishing funds

CHALLENGES- CHALLENGES- ORGANISATIONORGANISATION

Younger clinicians requires Younger clinicians requires training (transfer of skills)training (transfer of skills)

No fixed secretariat for the No fixed secretariat for the organization which could organization which could manage the operations on a manage the operations on a daily basisdaily basis

FundingFunding

HOW SAULCA ADDRESSED HOW SAULCA ADDRESSED THE CHALLENGESTHE CHALLENGES

Increase research capacity and publicationsIncrease research capacity and publications Regional integration Regional integration Databases Databases Communication with members – discussion forumsCommunication with members – discussion forums New clinicians manual – about the organization and CLENew clinicians manual – about the organization and CLE Applying for funding on behalf of membersApplying for funding on behalf of members