/ 24 September 2015

Recognising top legal warriors

The award winners at the Legal Aid Achiever Awards
The award winners at the Legal Aid Achiever Awards

Whether an ordinary South African is able to access the law, thereby taking full advantage of the country’s constitution, depends on his/her financial standing.  The almost 3 000 practitioners and staff working at Legal Aid South Africa can therefore be proud of themselves as they work tirelessly to make the law accessible to the socio-economically disadvantaged sectors of society.  This was the essence of the keynote address delivered by Mark Heywood – the executive director of non-profit organisation Section27 — at the Legal Aid SA Achiever Awards last week. 

According to its 2014-15 annual report Legal Aid SA has, through its national footprint of 64 Justice Centres and 64 Satellite Offices, provided criminal and civil legal aid including legal advice services to a total of 769 436 poor and vulnerable persons – 394 172 (88%) of which were criminal matters while 54 023 (12%) were civil. Assistance was provided in 321 241 advice matters while the Legal Aid SA Call Centre provided advice in 42 886 (13%) matters. Of these matters, 5 287 (12%) dealt with advice that related to criminal matters. 

“There is a connection between having access to the law and dignity,” Heywood pointed out.  “Access to legal services in itself gives people a sense of dignity, self-worth and equal citizenship. That is why this organisation called Legal Aid SA is so important -— it protects the public in manner less visible but no less important than the Public Protector.”

In his introduction of the awards, the chairperson of Legal Aid SA and Judge President of the North and South Gauteng High Court, Dunstan Mlambo highlighted some of the organisations achievements over the past financial year. “I look back at the financial year 2014-2015 with great pride and gratification as I reflect on the many heart-warming stories associated with Legal Aid South Africa,” he said. “These include our role in the justice cluster under the new administration.”

“We received our fourteenth unqualified audit from the Auditor-General. Our commitment to excellence ensured that we were able to be certified as a Top Employer for the sixth consecutive year.”

Mlambo added that Legal Aid SA was also voted as the number one preferred employer by law students in the 2014/2015 Universum Student Survey, conducted at 25 universities across South Africa.   

The Legal Aid South Africa Strategic Plan 2015–2020 was approved by its board and the executive authority, and tabled in parliament in March 2015, he said. The focus for the next five-year period will be on:

• Existing and expanded points of access for clients further developed, within available funding.

• Priority to civil legal aid assistance in constitutional rights-related matters.

• Quality management of legal aid services, responsive to client and stakeholder feedback on quality.

• Contributing to building safer communities by implementing the adopted protocols from the Criminal Justice System (CJS) Review and the Civil Justice System Review.

• Proactively making the justice system function more effectively and efficiently.

Mlambo paid tribute to all Legal Aid SA’s employees: “You have remained relentless. Any challenge that came your way you managed to embrace it and deal with it. If it was during Shaka’s era we would not see any scars on your back but only on your faces as you were never cowards. You engaged different organisations in a civilised manner and you did not tire nor grow weary even when things did not go your way.”

He added that each of the finalists had proven that they deserved to receive an award, due to their exceptional performance. “You should be proud of yourselves, as we are of you,” he said.  

Senior Litigator, Herman Alberts from the Pretoria Justice Centre who joined Legal Aid SA in 2003, was named Lawyer of the Year – Higher Courts. According to his commendation, “Alberts is a striking Senior Litigator whose passion for justice knows no boundaries.  He is not afraid to cite senior government officials and ministers to ensure that justice is served. As a result of Herman’s efforts in a high-profile extradition matter, a new protocol was drafted and a new agreement entered into with the Republic of Botswana. He has contributed to systemic changes within bilateral relations resulting in human rights being protected.”

Alberts said he felt humbled by the recognition: “Receiving this award is a big honour.  To be recognised as high performing from a pool of very competent lawyers is a very huge honour.” He added that the award also belonged to a lot of people at the Legal Aid SA Pretoria Justice Centre, Gauteng Region and Limpopo & Mpumalanga Region who had supported him in his work.    

He also pointed out that it was only because of Legal Aid SA, that he is able to assist society’s poor and downtrodden.  “As a single practitioner in practice it would not be possible to take on a poor client,” he explained.

Jostina Ledwaba who hails from the Tembisa Justice Centre  won the award for Lawyer of the Year — District Court said that the award meant a lot to her.  “It means I’m headed in the right direction,” she said, pointing out that at 29, she still considers herself to be in the foundation phase of her career.  “Legal Aid SA has given me an environment in which I can learn and gain experience.”

Other awards included:  Support Employee of the Year (Sifiso Mdlalose — Verulam Justice Centre), Paralegal of the Year (Nontsikelelo Sapepa —Port Elizabeth Justice Centre), Supervisor/Programme Manager of the Year (Rupert Roos – Legal Aid SA’s National Office) and Manager of the Year (Dr Hendrik Willem Lerm).  

Lerm, who has read for a doctorate from the University of Pretoria focussing on human rights in the practice of exclusionary clauses in medical contracts, was in private practice for 13 years before joining Legal Aid SA as the Justice Centre Executive of Uitenhage. “Private practice is mainly money-driven because your overheads are very high,” he said.  “With Legal Aid SA you have a job to do and your concern is about taking care of the poor and vulnerable which is deeply rewarding. I feel great (receiving this award).”

All the winners

Legal Aid SA honours its top performers annually at its Achiever Awards.  The award programme recognises excellence through seven regional awards, which are then judged on a national basis.
This year’s national winners were:

Lawyer of the Year Award — Higher Courts

This award recognises and rewards a senior attorney or advocate who serves in the High Court, Supreme Court of Appeal, and Constitutional Court: 2015 winner: Herman Ludik Alberts (Pretoria JC)

Lawyer of the Year Award — Regional Court

This is awarded to a lawyer who serves in the regional court and who exhibits exceptional technical litigation competence and expertise to deliver quality legal services in representing criminal clients. 2015 winner: Ponani Sinhle Shilubane (Tzaneen JC)

Lawyer of Year (including Candidate Attorney) — District Court

This recognises a promising lawyer or candidate attorney who serves the District Courts and exhibits exceptional technical litigation competence and potential expertise to deliver quality legal services. 2015 winner: Jostina Ledwaba (Tembisa JC)

Civil Lawyer of the Year Award

This rewards a lawyer who exhibits exceptional technical litigation competence and expertise in civil matters. 2015 winner: Modisana Tshabalala (Kroonstad JC)

Paralegal of the Year Award

This award recognises a paralegal who exhibits exceptional passion, talent and unusual resourcefulness and properly refers issues to suitable agencies/organisations/experts. 2015 winner: Nontsikelelo Getrude Sapepa (Port Elizabeth JC)