Legal Aid South Africa

It's #casetalkTuesday! Today we applaud the Legal Aid SA George Local Office, and a matter handled by Civil Supervisory Legal Practitioner Leander van Wyk. BACKGROUND - In this matter our clients were summoned to appear in an enquiry in terms of the Older Persons Act 13 of 2006. - The clients are the biological children of an elderly woman. It was alleged that they had failed to take care of her and abused her financially. - The Older Persons Act provided the Presiding Officer with a wide range of orders that can be made, including for the enquiry to be changed into a criminal matter wherein the clients, if found guilty, can face a fine or imprisonment. OUTCOME - Leander recognised that the elderly Complainant must be protected and that the parties involved are family members which provides an opportunity for mediation. - He contacted the social worker and worked together with her to ensure that the Complainant is being well taken care of. - After consulting with the clients, it was agreed that the one daughter will move in with the Complainant and be her caretaker. This proved successful and subsequently the social worker filed another report indicating that the enquiry can be stopped. - No order was made against our clients and more importantly, the needs of the elderly were protected. This matter is an example of how alternative dispute resolution can result in the best outcomes for all parties involved. Proudly #legalaidsa

Legal Aid SA is hiring! We are seeking to fill these vacancies at various offices countrywide: National Office – Systems Analyst Programmer National Office – End User Support Technician Athlone Local Office – Supervisory Legal Practitioner – Criminal Germiston Local Office – Regional Court Legal Practitioner – Specialised Commercial Crimes National Office – Chief Risk Officer eMalahleni Local Office – Supervisory Legal Practitioner – Civil Kokstad Satellite Office – Paralegal For more information on the requirements and closing date for each position, and to apply, visit our website: https://lnkd.in/dDtBBxA #legal #hiring #vacancies

#MandelaDay2024 #goodnewsFriday We applaud the Legal Aid SA Tembisa Local Office and Gauteng Provincial Office! They teamed up to sponsor and initiate a Book Corner for the Phomolong Child Welfare Centre #MandelaMonth2024 #ItIsInYourHands Proudly #legalaidsa

#MandelaDay2024 We applaud the Legal Aid SA Botshabelo Local Office and Ladybrand Satellite Office! They shared warm soup and bread with homeless people in Thaba Nchu Township this morning #MandelaMonth2024 #ItIsInYourHands Proudly #legalaidsa

#MandelaDay2024 We applaud the Legal Aid SA Worcester Local Office! They crocheted 20 scarfs that will be donated to a local children’s centre in Worcester #MandelaMonth2024 #ItIsInYourHands Proudly #legalaidsa

It's #casetalkTuesday! Today we applaud the Legal Aid SA Modimolle Local Office, and a matter handled by Supervisory Legal Practitioner in the Land Rights Management Unit, Adv. Dibatsela Maabane. BACKGROUND - Our client approached our Land Rights Management Unit requesting assistance with an interdict against the farm owner as he refused to grant his family permission to bury their father on the farm he worked on for many years. - The reason for his refusal was that they would pollute his farm and further that the burial on his farm would reduce his space for farming activities as the farm would be overcrowded with graves. - As the matter was extremely urgent, Dibatsela utilised his negotiation skills and contacted the farm owner intending to resolve the matter amicably. - Dibatsela pointed out to the farmer that the family has the right to bury the deceased on the farm in terms of the Extension of Security of Tenure Act 62 of 1997 (refer to Chapter III, section 6). OUTCOME The farm owner was initially hostile towards Dibatsela. It was only when he informed the farm owner that if he did not allow the family to bury the deceased on the farm, he would be left with no option but to institute urgent legal action against him, that he agreed to allow our client to bury their father on the farm. Dibatsela ensured that our client's rights were upheld, as per the Extension of Security of Tenure Act, which undoubtedly provided great comfort to the family during this time. Proudly #legalaidsa

It's #casetalkTuesday! Today we applaud the Legal Aid SA Benoni Local Office, and a matter handled by Candidate Attorney Lesego Sole. BACKGROUND - Our client was charged with theft. - At the first appearance of the accused, they informed Lesego that she was homeless and residing at an abandoned building at an old train station in Benoni. She does not have any relatives or friends in Benoni with whom she could reside. - This meant that she had no fixed address and could not be granted bail. She would remain in detention until the matter is heard in court. WHAT HAPPENED IN COURT? Lesego made representations to the Senior Public Prosecutor to withdraw the charge against the accused in the interest of justice. OUTCOME The State withdrew the charge against our client. Upon the client's release, Lesego learned that she comes from the Eastern Cape and could not afford to go back home. She has been staying on the streets of Benoni for 4 years. Lesego then decided to assist her to go back home. With the help of court staff, she managed to raise money for a bus ticket for the client to return to the Eastern Cape - in one day! The following day, the client met Lesego at court and they drove to the Pretoria bus station where she boarded a bus to go home. Her family confirmed that she arrived safely the next day. They were overwhelmed with joy! Lesego not only upheld our client's rights, but also demonstrated tremendous compassion in assisting our client to return to her family! We applaud her humanity this #MandelaMonth! Proudly #legalaidsa

Today's #goodnewsFriday post is our #casetalkTuesday post from earlier this week! It's never too late to applaud great work! We applaud the Legal Aid SA Vryheid Local Office, and a matter handled by Candidate Attorney Sakhile Mdlalose. BACKGROUND - Our client was charged with assault GBH (grievous bodily harm). - The complainant demanded money in the sum of R20 from the accused (our client), who owed it to him after he had fixed a cellphone. The accused told him that he didn’t have the money but he would give it to him at the end of the month after receiving his Disability Grant. - Our client has a physical disability; his left hand does not function. - The complainant and the accused began arguing. - It was alleged that the complainant assaulted the accused with clenched fists to the face. The accused tried to throw a blow to the complainant using his only functioning hand, however, that attempt was in vain as the complainant blocked it easily and pushed him down. - The accused fell and picked up a broken beer bottle. It was alleged that he then stood up and stabbed the complainant once in the right-hand side of his chest, just under the armpit. - The complainant sustained a laceration of about 5cm. WHAT HAPPENED IN COURT? - As part of the defence strategy, the accused admitted that he stabbed the complainant using a broken bottle. - However, he told the court that he was acting in self-defence, as the complainant has 2 functioning hands and initiated the attack on the accused. In his argument, Sakhile submitted: 1. that there was an imminent threat or danger that was faced by the accused, therefore, they acted in self-defence by stabbing the complainant once. 2. that the force and weapon used by the accused were proportionate to the threat faced. 3. that the State called a single witness, the complainant, and that his evidence did not meet the cautionary rule applicable to the evidence of a single witness and therefore the Court cannot convict. - The cautionary rule requires judicial officers to exercise caution before adopting the evidence of certain witnesses as their evidence is inherently potentially unreliable. OUTCOME The Court accepted the submissions of the defence and our client was acquitted. Sakhile ensured that access to justice was made real for our client, protecting his rights as per section 35 of the Bill of Rights. Proudly #legalaidsa

Legal Aid SA is hiring! We are seeking to fill these vacancies at various offices countrywide: Vredendal Local Office – Administration Manager Athlone Local Office – Supervisory Legal Practitioner – Criminal Tzaneen Local Office – Supervisory Legal Practitioner – Land Rights Management Polokwane Local Office – Supervisory Legal Practitioner – Land Rights Management eMalahleni Local Office – Supervisory Legal Practitioner – Land Rights Management People with Disabilities Recruitment Programme For more information on the requirements and closing date for each position, and to apply, visit our website: https://lnkd.in/dDtBBxA #legal #hiring #vacancies

It's #casetalkTuesday! Today we applaud the Legal Aid SA Graaff-Reinet Local Office, and a matter handled by District Court Legal Practitioner Joanne Kahn. BACKGROUND - Our client was charged with dealing in 4.5kg of dagga. - The dagga was found in his car while he was transporting it from his plantation in Kariega to his home in Klipplaat. - Our instructions were that the client was going to use a large portion of the dagga as compost, with the rest to be used by him over several months as part of his practises as a Rastafarian. WHAT HAPPENED IN COURT? - Joanne argued that since the decision in Prince, the law has changed, allowing dagga to be utilised by adults for personal use in private. - This should include the ability to transport dagga in a private vehicle from one place to one's home. - The full citation for Prince is: Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30, available here: https://lnkd.in/d5wbzaT3 OUTCOME The Court agreed with the defence's argument and our client was acquitted. Joanne ensured that our client's rights were upheld, in line with the provisions of our Bill of Rights and relevant legislation. Proudly #legalaidsa