Community law clinics vital to improve access to justice for the man on the street

Dean of Faculty of Law Fiona Kaplan and a student are seen assisting a resident at one of the IIE Varsity College Community Law Clinic Durban North's advice desk at the Ntuzuma Magistrate’s Court earlier this year. Picture: Facebook

Dean of Faculty of Law Fiona Kaplan and a student are seen assisting a resident at one of the IIE Varsity College Community Law Clinic Durban North's advice desk at the Ntuzuma Magistrate’s Court earlier this year. Picture: Facebook

Published Aug 13, 2024

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Legal experts say higher education institutions, through their law faculties, play an important role in ensuring this improved access to justice. Community law clinics offer free legal services to those who cannot afford legal representation or support. Often, they are a lifeline for these individuals.

In one such case, 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.

According to the clinic, the client drafted his court papers and raised a defence that he was not liable for the arrears as he had terminated his lease with consent from the managing agent.

"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.

"We subsequently had a settlement meeting with the Plaintiffs’ attorneys and since this meeting, they have not proceeded with the matter against our client," the clinic added.

Head of Faculty at the Independent Institute of Education, Dr Bronwyn Le Ann Batchelor, said community law clinics reach people where they are to provide advice, mediation and representation in various legal matters such as family law, employment disputes and housing issues.

"By offering legal assistance to marginalised and underprivileged communities, law clinics help bridge the gap in access to justice. This ensures that more people can exercise their legal rights and receive fair treatment under the law," she added.

She said the law clinics benefit both members of the community of support, as well as the students and their holistic academic growth.

Dr Bronwyn Le Ann Batchelor, Head of Faculty at The Independent Institute of Education. Picture: Supplied

"The clinics play a crucial role in providing free legal services to underserved communities. Many individuals who cannot afford legal representation benefit from the pro bono services offered, which not only helps resolve their legal issues but also promotes social justice and equality," Batchelor added.

Working at the law clinic is a compulsory component of The IIE’s Bachelor of Laws (LLB) curriculum, allowing final year students 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.

The first IIE Varsity College Community Law Clinic Durban North was established in 2022 and operates under the leadership of Dean of Faculty of Law Fiona Kaplan and Director of Law Clinics, Sue Pillay.

"The Community Law Clinics provide an invaluable opportunity for our LLB final year students to be exposed to a community engagement environment and instil in them a concern for other citizens as future legal practitioners," Kaplan said.

Students work under the supervision of experienced attorneys, gaining valuable skills in client interaction, legal research, case management, and courtroom practice. This practical training enhances their academic learning and prepares them for future legal careers.

"By participating in these clinics, students learn the importance of giving back to the community and using their legal knowledge for the greater good. This culture of service is likely to influence their professional lives, encouraging them to continue contributing to society even after they graduate," Kaplan added.

Batchelor said that it is good practice for universities and institutions of higher learning to collaborate with local non-profit organisations, government agencies and other stakeholders to address broader social issues.

"These partnerships enhance the impact of the clinics’ work and provide students with a broader perspective on the role of law in society. Community engagement initiatives, such as legal awareness campaigns and workshops, further extend the reach of the clinics’ services and educate the public about their legal rights.

“Topics covered include, but are not limited to, domestic violence, gender-based violence, discrimination, consumer rights and legal processes," she said.

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