SHAMIEL JASSIEM VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW CLINICS ASSOCIATION ( SAULCA )
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Transcript of SHAMIEL JASSIEM VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW CLINICS ASSOCIATION ( SAULCA )
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