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Pro Bono, Corporate Social Investment and Community Involvement at
Fasken Martineau
VANCOUVER TORONTO MONTRÉALCALGARY OTTAWA QUÉBEC CITY LONDON JOHANNESBURG
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We at Fasken Martineau recognise the difficulties some members of our society have in accessing the justice system to address their legal problems. As an international leader in law, we are not only in a unique position to assist, but we see this as an important aspect of our lawyers’ professional responsibility. It is our duty to work to improve our legal system as well as the community’s ability to have those within it well served.
We established a dedicated Pro bono department in June 2010. The rationale for the establishment of the department is rooted in the firm’s values and strategy. We have translated this as a commitment to actively participate in the upliftment of underprivileged people in South Africa.We have a history of involvement in Pro bono work and over the years this has seen many senior and junior practitioners accepting Pro bono instructions across vast areas of specialty where it is in the public interest to render the service and to do otherwise would obstruct access to justice. Our focus is on excellence and we do not compromise on the quality of the services offered to our clients, whether they are able to pay the fee or not. Having a dedicated Pro bono Department ensures that there is no differentiation between the professional service rendered to non-fee and fee paying clients.
In order to facilitate our Pro bono commitment, our Johannesburg office is a member of ProBono.Org a non-governmental organisation that facilitates the provision of free legal services to clients from communities in need. A partner from our Johannesburg office sits on the board of ProBono.Org. In 2014, we were recognised by ProBono.Org and chosen as the winner in the category of the Highest number of Pro bono hours by a law firm with over 50 professionals. In 2015, Sushila Dhever, a Partner at Fasken Martineau, was nominated as a finalist in the category of Most Committed and Dedicated Pro bono Lawyer. This was mostly for her work in setting up Legal Clinics in Soweto and Lenasia. In 2015 alone, Fasken Martineau’s attorneys spent approximately 3815 hours on Pro bono work, the notional cost (to the firm of such work) being approximately ten million rand.
Pro Bono
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ConEd Workshops The Constitutional Education (ConEd) workshops take place every other Saturday at the Constitutional Court. This entails a workshop presented by volunteers from law firms and other legal organisations where schools from all areas surrounding Johannesburg attend to be educated on the Constitution, human rights, the judiciary and court systems.This initiative is supported by our Pro bono department and as volunteers the first year CA’s attend these workshops to teach the learners and give back to society.
Partnership with Action for the Blind Fasken Martineau partners with Action for the Blind providing donations and advice. Action for the Blind is dedicated to teaching / training blind and disabled young people about computers and computer software, providing businesses with a pool of competent, trained blind / disabled people for any level of employment.
Partnership with Enterprising African Regional Network (PTY) Ltd (Earn)The EARN Team works hand in hand with EARN’s Specialist Partners towards a common objective of developing, supporting and promoting SMME’s. It is a one-stop-shop offering 360° business support services to all business start-ups and existing SMME’s. Fasken Martineau is a specialist partner of EARN.
Projects and Initiatives
Areas of lawTo promote access to justice, the Pro bono Department currently deals with the following areas of the law:• Employment through SASLAW• Housing• Refugee• Gender and Children’s rights• Socio-economic rights litigation• Assistance to NPC’s and SMME’s
Partnership with the Living LinkFasken Martineau has partnered with the Living Link and offered job shadowing opportunities for people with disabilities. Living Link is a non-profit organisation that caters for the disabled community regardless of race, gender and religious background, which aims to encourage and support the development of intellectually impaired adults and facilitate their transition from school to work to independent living.
We provide Pro bono legal services to the following NPC’s:• Child Welfare • ORT South Africa • Thuto Thebe Educational Fund • Wilderness Trust• Bethany House• Vuleka• The Coalition of Anglican Children’s Homes• The Endangered Wildlife Trust• The Prostate Cancer Foundation • New Leaders Foundation
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Pro Bono Projects
Nisaa Institute for Women’s Development (Nisaa)The Nisaa Institute for Women’s Development was started by a group of committed women activists, in response to the growing problem of violence against women. The focus is placed on the prevention of gender violence and the empowerment of women who have been abused by their partners.
The Family Life Centre Soweto (FAMSA) Since 1949 The Family Life Centre has been the pioneer of family and relationship counselling in Johannesburg, and has been the market leader in the field of community development, empowerment and capacity-building within previously disadvantaged areas.
Yakha Isizwe Pro bono Business Law ClinicThe Yakha Isizwe Clinic was started by us in partnership with the Centre for Small Business Development (at the University of Johannesburg, Soweto Campus) and ProBono.Org. The Yakha Isizwe Clinic provides commercial legal advice and assistance to qualifying start-up SMME’s on a Pro bono basis at the University of Johannesburg, Soweto Campus. Our practitioners present to very enthusiastic start-up SMME owners and aspirant small business owners in numerous key economic sectors, including the agriculture and food processing, textiles and clothing, and wholesale and trade sectors on commercial law issues pertinent to commencing their businesses. Pro bono legal advice and assistance is also provided to SMME’s who have a turnover of less than 1 million rand per annum. The first two projects focus on gender and children’s rights and the third project
focusses on providing commercial advice and assistance to Small Medium and Micro Enterprises (SMME’s) in Soweto.Fasken Martineau have partnered with Nisaa, and FAMSA to set up Pro bono legal advice helpdesks in Soweto and Lenasia, providing access to justice to many indigent women and children in townships who cannot afford to travel to the city to obtain basic legal advice and assistance.
Twice a month our attorneys staff the legal advice helpdesks based in Lenasia and Soweto where they consult with clients who require legal advice on divorce, custody, parenting plans, maintenance, domestic violence, child support grants and other social assistance grants. In 2014, partner Sushila Dhever received the Ubuntu award from Nisaa for the Pro bono legal services provided to women.
We have three projects, that are dedicated to giving advice and assistance to communities in townships:
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Pro Bono Workshops and Initiatives
Litigation alone cannot facilitate access to justice. It is through education and training that access to justice can be facilitated. It is with this in mind that our Pro bono Department is actively involved in community outreach programmes. Communities are trained and given information on topical legal issues affecting them, thus empowering them and making the law accessible to them. Workshops presented by our Pro bono Department cover the following topics: Evictions, Housing, Customary Law, Domestic Violence, Sexual Offences Act, The Children Rights Act and Maintenance.
Every year lawyers of the firm deliver presentations on law to all the students of Artist Proof Studio (APS). The presentations cover the following topics: Copyright; Contract; Employment; Tax; The National Credit Act; Dispute Resolution. The students are given the opportunity to ask the lawyers questions on any of these topics.
The South African Society for Labour LawThe South African Society for Labour Law (SASLAW) is a non-profit organisation. The aim of the Society is to promote the advancement of labour law as a legal and academic discipline, and encourage collaboration between lawyers and other experts within the field of labour law. Ludwig Frahm-Arp, a partner at Fasken Martineau, is currently President of the Gauteng SASLAW Chapter Committee. Our lawyers staff SASLAW Clinics and provide advice on employment related matters on a Pro bono basis, as well as legal representation in the Labour Court.
Small Claims CourtSome of our Partners act as commissioners at the Small Claims Court on a pro bono basis.
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Fasken Martineau’s CSI is geared towards promoting the socio-economic rights enshrined in the Bill Of Rights. Hence, many of our CSI initiatives involve children, education, housing and women. Fasken Martineau supports a number of charities which focus on education, and children’s causes such as Girls & Boys Town, Ray of Hope Children’s Fund, and Children of the Dawn. Fasken also assists refugees and people with disabilities. In addition to supporting charities, our Fasken lawyers and staff participate in a number of corporate activities and challenges to raise awareness and funding for charitable causes.
We have a number of clients that are not for profit
organisations for whom we provide Pro bono legal services to, including:
• Child Welfare • ORT South Africa • Thuto Thebe Educational Fund • Wilderness Trust• Bethany House• Vuleka• The Coalition of Anglican Children’s Homes• The Endangered Wildlife Trust• The Prostate Cancer Foundation • Socio-Economic Rights Institute of South Africa
Artist Proof Studio (APS) APS is a community-based printmaking studio situated in the Newtown Cultural Precinct. It has become a home studio and resource centre for artists from the surrounding townships and various areas around Johannesburg and offers training and skills development to financially under-served artists. We are passionate about South African art and our in-house art collection reflects this passion. We also believe in the development of people who will become great artists. We therefore sponsor the tuition of art students at Artist Proof Studio (APS) in Newtown, Johannesburg. For the past four years we have hosted an annual art exhibition showcasing, amongst others, artworks from the five sponsored artists. Artwork in excess of R100 000 has
been sold at our exhibitions. We have now expanded to make our support more sustainable by starting an art gallery of works by APS students in the firm’s offices, as well as launching it on the firm’s website. The website features the artworks, artists’ profiles as well as an art gallery archive.The firm is also a corporate member of Business and Arts South Africa (BASA).
DonationsWe support a number of charities that focus on education, and children’s causes such as Girls & Boys Town, Ray of Hope Children’s Fund, Children of the Dawn and many more.
Corporate Social Investment (CSI) and Community Involvement
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Lundi GadlaIn February 2006, the Lundi Gadla Fund was established by the staff of Bell Dewar to honour the memory of a young man who possessed outstanding leadership qualities, vision and love for the legal profession. Lundi Gadla was born on 22 February 1983 and obtained his LLB degree from the Vista University in Peddie, Eastern Cape. In 2004, Lundi commenced his articles of clerkship at Bell Dewar. He served his first rotation in Dispute Resolution and his second in Corporate and Commercial.
On 22 February 2006, Lundi’s road to success in the legal profession came to an abrupt end when he tragically passed away in a car accident. Accordingly, the Fund was established to uphold his name, his wonderful character and all the values for which he stood. As education was very important to Lundi, the money raised by the Fund was used to purchase a library for a rural school in the Eastern Cape, Masibambisane Primary School in Lundi’s home town of Peddie. In addition to the Lundi Gadla Fund, the firm established the Lundi Gadla Bursary Fund in 2009. This Fund provides a student studying at the Nelson Mandela Metropolitan University with a bursary to cover his/her full tuition for 1 year and is renewable at the Firm’s discretion.
In addition to the Bursary Fund, the Firm still makes annual contributions to the Masibambisane Primary School, where Lundi attended as a young boy. This year, the Firm donated laptops, a microscope, paraffin heaters, cricket shorts and stationery to the school.
“This Fund provides a student studying at the Nelson Mandela
Metropolitan University with a bursary...”
The Alexandra Education Committee selects children from primary schools in Alexandra affected by the prevailing poverty and deprivation, and places them in racially integrated schools outside Alexandra where they are exposed to a higher standard of education and a more stable social environment. The AEC monitors and provides continuous support and guidance to all its bursary holders. We sponsor a school learner, from grade 8 to grade 12, through the Alexandra Education Committee. Junior Attorneys have embarked on a mentorship programme through the Committee.
Alexandra Education Committee Bursary
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