In society, where justice seems reserved for those who can afford it, law clinics have emerged as a beacon of hope for the everyday person. Picture: Freepik
In society, where justice seems reserved for those who can afford it, law clinics have emerged as a beacon of hope for the everyday person.
These clinics provide crucial services to individuals who might otherwise be left defenceless in the face of legal challenges due to exorbitant costs.
Law clinics also benefit law students with their holistic academic growth, allowing them to work on real cases under the supervision of experienced legal professionals where they gain practical skills and invaluable understanding of South Africa’s unique legal landscape.
In a recent case, a woman's almost decade-long battle for a payout after she was injured at work was finalised thanks to a Durban-based law clinic that was able to submit the necessary paperwork to the Department of Labour and the woman's employer.
In another matter, a man's credit profile was updated after a law clinic assisted in having his name removed from debt counselling.
Whether it’s navigating the complexities of a landlord dispute, understanding employment rights, or facing a criminal charge, legal clinics ensure that access to justice is not a privilege but a fundamental right.
These clinics offer free or low-cost legal advice and representation, bridging the gap between the law and the man on the street.
Most if not all tertiary institutions across the country have law clinics, offering legal assistance to those who would not otherwise be able to afford high legal fees.
According to the South African University Law Clinics Association (Saulca), the services covered by law clinics include; basic civil claims, eviction matters, drafting of Wills, divorces and family law as well as criminal law matters, labour law matters, debt counselling and refugee law.
Matters not covered by these clinics include; third-party claims (like Road Accident Fund claims), deceased estates, insolvent estates, intellectual property and transfer of immovable property.
However, despite the limitations placed on law clinics, the clinicians are well equipped to assist a client with advice concerning these matters and would be equipped to refer these clients to the appropriate organisations.
Saulca explained that law clinics render legal services only to the indigent members of society, who, ordinarily, cannot financially afford to appoint private legal practitioners.
“In order to determine whether or not a particular person qualifies for legal aid, law clinics employ a means test with various requirements. In this regard, it is recommended that potential clients contact their nearest law clinic in order to ascertain whether or not they fall within the ambit of the means test,” Saulca stated.
In a recent case, IOL reported that the IIE Varsity College Community Law Clinic Durban North assisted in a civil claim where a client was sued for rental arrests, however, he maintained that he had terminated his lease.
"The landlord disputed our client’s defence on the basis that they were unaware of any arrangements made to terminate his lease, nor had they received any monies," the clinic explained.
The landlord sought to have the matter expedited, however, it was dismissed in court.
Speaking to IOL, director of The IIE’s Varsity College Community Law Clinic Sue Pillay, said law clinics in South Africa fulfil a primary goal of serving the indigent and supporting the need for social justice and equality, considering the various rooted social issues and rampant injustice faced by South Africans over the years.
"The South African law clinics have developed a key interest in public interest litigation and civil litigation where Legal Aid South Africa does not have the necessary resources to adequately deal with this," she explained.
Chrisna Nicholson of the North-West University Potchefstroom Law Clinic said for the first semester of 2024, they closed more 200 client files by litigation and alternative dispute resolution.
While these clinics work to benefit those in need, who cannot otherwise afford it, one of the critical challenges they face is stable funding.
"There is also a huge gap in the integration of the clinics into the faculty of the organisations to which they belong, and as such they are seen to operate as independent institutions separate from their faculty," Pillay said.
She said another challenge is that due to the lack of funding, there is a low staff capacity with a high staff turnover, and this in turn results in the clinics finding it difficult to maintain the balance of teaching and learning and providing the much-needed legal services to the communities that they serve in.
"However with the demand of legal services, the clinics are saddled with a heavy case load and clinicians are left vulnerable to a poor work life balance," she added.
Saulca president, Daven Dass, believes the role of law clinics needs to be intensified.
In a recent interview with SA attorney's journal, De Rebus, he said law clinics are critical in assisting law students with skills required to help them practice.
Legal clinics can be found across the country.
IOL News