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Approach everyday as embarking on a new, exciting project.

October 18, 2015  |  by admin  |  in BlogNo Comments

Happy Worker

When was the last time you embarked on a new exciting project? If we look at it, every day can be seen as embarking on a new exciting project. Perhaps if we adopted a more positive outlook on our work and tasks, we would yield better results, and better results largely benefit us all. These results could also be used as tools of inspiration.

As the year draws to an end, much is due and required from us. What with deadline, year -end projects and exams for some of us in a short space of time. Where does one find the inspiration to deliver, effectively, timeously and excellently? It could be a matter of improving one’s work ethic, adopting new habits or simply eating better and drinking more water – we’ve probably read this before or heard it countless times. The truth is, for change to be effective, it has to be adopted and incorporated into one’s lifestyle. Success is not a quick fix, every day of our lives we learn something new. Here are a few tips below to help you fare well with the plethora of tasks given to you:

  1. Writing down and making mental note of the top 3 important tasks to get done, effectively for the day – this creates a healthy habit of accountability;
  2. Do not over commit yourself, easier said than done, however it is important to produce qualitative work;
  3. Get enough sleep, try to eat well and stay hydrated;
  4. Simplify your tasks, if there is a task to be done, get on it straight away as the old adage goes, do not put off work for tomorrow that you can do today;
  5. ASK FOR HELP;
  6. Consult and collaborate to find solutions to problems;
  7. Organize all your work, colour coding helps for ease of access;
  8. Keep a clear record of time;
  9. Make time for recreation;
  10. Fact check, edit and test yourself this helps you assess your work and identify errors. It also helps the memory to recite things over.

This is a mere guide that can be incorporated into your already existing work patterns. The BLA-LEC wishes everyone the best with all the endeavours in 2015. Make everyday a worthwhile day, always learning.

*Source zenhabits.net

. Last accessed 07 October 11:53pm

Pistorius’ Parole, a novel concept in our law?

October 18, 2015  |  by admin  |  in BlogNo Comments

Oscar Pistorius

Oscar Pistorius was convicted last year on a charge of culpable homicide for the negligent killing of his fiancé Reeva Steenkamp on Valentine’s Day 2013. Parts of Pistorius’s allegations were, that he thought she was an intruder and led evidence to that effect. Pistorius was sentenced to five years by High Court Judge Thokozile Masipa, in terms of s 106(4) as read with s 108 of the Criminal Procedure Act NO 51 of 1977 (“the Act”), an accused is entitled to demand that he should be acquitted or convicted. Pistorius was sentenced under section 276(1)(i) of the Act. The sentence and its rationale sparked robust debate among legal academia in South Africa especially through, inter alia the assessment of the dolus eventualis principle. The trial was aired at law schools around the country, and watched closely by the public, showing vested public interest.

Pistorius’s Parole

Pistorius was supposed to have been released from prison on 21 August, to effectively serve remainder of his sentence under house arrest, however prior to his release Justice Minister Michael Masutha announced that the former Paralympic athlete would in fact not be released. According to an ‘ENCA’ article, the Minister reportedly stated that the parole board had acted prematurely in coming to the decision to parole Pistorius.

Reasons for current Parole decision

Women’s rights group, the ‘Progressive Women’s Movement’ reportedly asked the Minister for Oscar not to be released during women’s month.

Parole Review Board

Decisions at law may be reviewed, this is a fundamental tenet of the law in South Africa. Concept of judicial review within a constitutional legal system was first introduced in the well-known case of Marbury v Madison and was later embedded in South African law (Criminal Procedure Handbook). The Act makes provision for procedures and related matters in criminal proceedings is applicable in this matter. Pistorius’s legal team has argued that the delays to his parole matter have been unconstitutional. In an opinion article published 19 August 2015 by Kelly Phelps on the ‘ENCA’ site, it is stated that “few sentences issued are served out in their entirety, this is standard criminal justice practice globally and not just in South Africa.” Parole after serving a ‘short’ time, therefore isn’t a novel concept, on link below author expands on precedent and case law to this effect

Way forward

Pistorius’s legal team are pursuing action over the parole decision at the Pretoria High Court. In the meanwhile, the state is set to have their appeal in November, they’ve indicated that they would rather have Pistorius convicted of murder, the unlawful intentional killing of another in contrast to culpable homicide for the death of Reeva Steenkamp. This case will evidently be closely watched as it continues.

*Kelly Phelps senior lecturer in Criminal Justice at the University of Cape Town
*Criminal Procedure Handbook 10th Edition, Geldenhuys et al 2011

Polokwane Society of Advocates Launches

October 18, 2015  |  by admin  |  in BlogNo Comments

Polokwane Society of Advocates

The who’s who of the legal fraternity gathered together for a night in celebration of legal splendour, the auspicious occasion was the launch of the Polokwane Society of Advocates. This Society will provide much needed support to the profession, and the output of collaboration is always of a noteworthy result.

The launch was on 12 September, Advocate William Mokhari SC spoke at the launch, and indicated that most advocates who practice in Gauteng would return to Limpopo which is also a positive prospect especially with the opening of the High Court in Polokwane. This could also prove in favour of law graduates as it may offer employment prospects. One of the Society’s visions, is to provide pro bono legal services to deserving cases, and to form partnerships with law schools at Universities situated within Limpopo, by training final year law students. We are looking forward to future events and wish the Society all the success.

See below, Youtube link of launch to grasp a feel and atmosphere of the night

*Official website
*

The North Gauteng High Court Polokwane Circuit Court, a vessel for transparent responsive and accountable justice.

October 18, 2015  |  by admin  |  in BlogNo Comments

The Polokwane High Court has recently opened its doors after a lengthy construction period, this follows years of construction delays and progress checks by among others, the Premier of Limpopo Stan Mathabatha. It was reported in March 2014 that the High Court was due for finalisation in January 2015, according to Independent Development Trust (IDT) spokesperson Phasha Makgolane. The handover however and court occupation was set for 15 May 2015, as per (GVK Building and Renovation manager), Kelvin Flockhart.

The completion of the High Court is a victory for all, and gives enforcement to section 34 of the Constitution, the ‘Access to Courts’ provision. It is hoped that it will be received in the same vein and light as espoused by the Constitution, by the public seeking legal remedies through litigation and legal practitioners acting for and representing them. The High Court boasts 21 Judge chambers, their vision,

a transformed and accessible justice system which promotes and protects social justice, fundamental human rights and freedom.

The Court building, which is 48 000 square meters big, has 7 floors, 387 offices, 17 courtrooms and 2 individual structures situated on a basement, which can accommodate parking for approximately 250 vehicles. It is therefore, vehicle friendly and accessible. The High Court itself is situated in 34 Landross Mare Street Polokwane. We look forward to the possible landmark decisions, and judicial precedent that will come out of this court.


Justice Skweyiya, our tribute to an exemplary leader

October 18, 2015  |  by admin  |  in BlogNo Comments

Remembering Justice Thembile Skweyiya

Legal luminary, human rights advocate, former Trustee of the BLA-LEC

The exemplary late Thembile Skweyiya was a remarkable man who led a fully accomplished life. In September, we awoke to the news of his passing, an unfortunate loss to his family, the legal fraternity, South Africa and the regions of Africa which he spent much of his early legal profession in. Born 17 June 1939.

In the same token, our theme in our September issue focused and centred around celebrating our heroes. On heroes, it is said,

anyone who does anything to help a child in his life is a hero to me.

He was lauded as an extra-ordinary human rights lawyer, Justice Thembile Skweyiya is one of our heroes, we honour him.

His legal life

Justice Skweyiya started his educational career at the University of Kwa-Zulu Natal where he completed his first degree, a bachelor of Social Science in 1963. He went on to successfully obtain his bachelor of laws in 1967 from his alma mater. In 1974 he was an Advocate of the High Court of Lesotho. Described as a passionate, enthusiastic young man he was also a member and legal advisor of the ‘Panel of Advisers South African Student Association’ (SASO). In the 80s he dedicated his practice to defending political activists involved in the liberation struggle during the apartheid regime.

In their tribute to Justice Skweyiya, LRC note that Skweyiya often saw his role as “waging a different style of struggle”

His notable judgements include J v National Director which addressed issues involving children’s rights, and the principles surrounding the best interests of children as a paramount feature of the law.

Post Retirement

He retired from the Constitutional Court bench in 2014, yet a man truly committed to human rights, he signed on as Prisons
A great, many great lessons. A true hero at heart.

You can have the best Constitution but if you have someone with a hungry stomach, someone who has no home, and someone who can’t go to hospital and be attended to, it is a meaningless document.

– Justice Thembile Skweyiya

*Sources:
, last accessed 10 October 2015 11:31am.
, former constitutional court judge dies; last accessed 10 October 2015 11:31am.

Justice Skweyiya

Image Source: Gallo Images/Sowetan.

Diversity in 2015

September 5, 2015  |  by admin  |  in BlogNo Comments

The idea behind diversity includes Inviting people from different cultures, religions and language communities to share your customs. To share and exchange differing world views, and part take in robust debate on the matters on the day – without force, or inflicting harm against the person of another. Ideally.

The year 2015 in particular has been a melting pot for diversity, and diversity matters. Considering that diversity is not a stand-alone concept, it is always intertwined with other concepts and values.

There has been various dialogue around diversity in the workplace (which is tied in with the gender equality debate), dialogue around diversity in sporting codes and as recently displayed in universities around South Africa, diversity and inclusivity of different races in institutions of higher learning.

However, and more importantly what we have taken from this melting pot is the buzz. The conversation, there is an emerging culture of participatory dialogue. Which is essential for a young democracy, by and large an indication of the positive strides we are taking as a nation. According to a KPMG press release on gender diversity, South Africa can influence gender diversity on corporate boards worldwide. Already, it seems as if South Africa is at the forefront of pioneering the diversity movement and actually setting the trend forward.

This is good news South Africa.

It is apparent that in post-Apartheid South Africa, with the advent of the Constitution, constitutional framework and various governmental policies including corporates who have embraced diversity, the older and younger generation have found a modern approach in expressing themselves through their diversity.

Diversity is a broad, engaging concept one that we would in future like to discuss further, yet for now we note the buzz. We see the influence, and we welcome it.

*South Africa can influence gender diversity on corporate boards worldwide –

To be South African, Celebrating our heroes

September 5, 2015  |  by admin  |  in BlogNo Comments

To start off our celebratory piece, we thought we’d refresh our memories to one of our Legal Education Centre’s very own hero, Dr G.M Pitje the first director of the centre. For your convenience we’ve attached a link on a laudatory piece in honour of the late figurehead in the legal profession. He set the tone for many black legal practitioners and left us with invaluable lessons.

Ours is a very beautiful country, historically rich and brimming with talent, and diversity – to name but a few. The spirit of September is one that embodies rebirth, hope and rejuvenated energy. A hope we sometimes forget when faced with tough times, hence the need for heroes.
Everybody is a hero in their own right, we are all capable. Here a few of our South African greats in no particular order:

The late Nkosi Johnson – for inspiring a nation, showing that age is never a factor when it comes to bravery and leadership.

Justice Pius Langa – The late Justice dedicated his life to transformation in the legal profession a stellar human rights jurist too, he was also known as the lawyer who defended freedom fighters.

Dr Nkosazana Dlamini-Zuma – for her phenomenal, exemplary work as Chairperson of the African Union, representing Africans far and near.

Lady Smith Black Mambazo – for staying true to their heritage and breaking international boundaries, showing how art can act as a uniting force.
The countless women who marched on that fateful day of August 9 1956 – ushering a new dawn for the nationwide recognition of women’s rights and their liberties.

Khanyi Dhlomo – Founding partner of Ndalo media, which creates diversified content for the black market.

This brief list does not do justice to the countless stellar heroes this country has, however we hope that it sets the tone forward for acknowledgement. We should all strive to be great South Africans. It starts with simple actions, active citizenry and always availing oneself to learning.

* Dr G.M Pitje link:

A Nation That Belongs To All It’s People

September 5, 2015  |  by admin  |  in BlogNo Comments

South Africans across the spectrum are encouraged to celebrate their culture, the diversity of their beliefs and traditions in the wider context of “A NATION THAT BELONGS TO ALL ITS PEOPLE”. Fittingly so, we at the BLA-LEC decided to trace back the steps behind Heritage day, how it came about and why it is fundamental to preserve our heritage.

In KwaZulu-Natal province, the 24th of September (day of Heritage) was formerly known as “Shaka Day”, in commemoration of the legendary Zulu king, Shaka Zulu.
When the proposed Public Holidays Bill before the New South African Parliament omitted Shaka Day, Inkatha Freedom Party (IFP), objected to the bill.
A compromise was reached when it was decided to create a day where all South Africans could observe and celebrate their diverse cultural heritage, thereby giving effect to constitutional values.

The day is now also commemorated as an inclusive #Braai4HeritageDay, the spirit behind #Braai4HeritageDay concept was to bring and unite South Africans together, at a commonplace to share and exchange gems and jewels of their respective cultures and heritage, a spirit of unison.

The late former President Nelson Mandela in an address marking Heritage Day in 1996, stated:
“When our first democratically-elected government decided to make Heritage Day one of our national days, we did so because we knew that our rich and varied cultural heritage has a profound power to help build our new nation.”
We also tie on this vein. May we continue, to tirelessly build our nation. Wishing all our readers a warm Heritage Day.
*National Heritage Day –

Interview with Ms Nomvana Jacob, Final Year Law Student at the University of South Africa

August 11, 2015  |  by admin  |  in BlogNo Comments


“Nobody can take your knowledge away from you.”

BLA-LEC: What are your thoughts on the current state of legal affairs in South Africa, are we looking at a progressive picture?

Ms Jacob:

At the moment, not so progressive – there is however room for improvement. I believe the legal system should be there to assist us, the legislature as they draft legislation, and the judiciary as it interprets the law, should work together to find these solutions.

BLA-LEC: What are the challenges faced as a female lawyer in South Africa?

Ms Jacob:

Firstly, before women were precluded from entering the legal profession. Women are thus now still undermined due to this, there is also the misconception that women are “soft” and therefore women are denied high positions in some instances.

BLA-LEC: Do you think there is adequate female representation in the legal field?

Ms Jacob:

Not all, especially noting Advocacy. Very few women are actually practising advocates.

BLA-LEC: Do you think Women’s month campaigns are effective in bridging the gender gap?

Ms Jacob:

They are not. My suggestion is that these campaigns should be run throughout the year, and not only for a particular month. Women are special, and unfortunately are often the most disadvantaged in society. These campaigns and publications should try to foster sustainable campaigns that encourage and support women. Thereby working towards bridging the gender gap.

Ms Jacob

BLA-LEC: What are your thoughts on global legal trends – for instance, talks of a fashion law degree, should SA go in that direction?

Ms Jacob:

If it would put South Africa at an advantage and allow us to compete with international standards, we should.

BLA-LEC: What keeps you focused and inspired?

Ms Jacob:

Wow, quite a lot of things – firstly, my environment. My surroundings; my community that needs upliftment. The idea of me being able to advise and assist my community, additionally my family. Family support goes a long way.

BLA-LEC: Please share a quote that you live by

Ms Jacob:

A quote by the late Nelson Mandela on education. Education never dies, the only way we can change the world is through education. No one can take that away from you.

BLA-LEC: What do you think of the BLA-LEC’s contribution to society?

Ms Jacob:

A lot! The BLA-LEC creates awareness, and educate communities on different spheres of law. It keeps our youth motivated and shows them that success is feasible.

The communities are going to reap more benefits from the BLA-LEC Law clinics, in that they will be assisted with their legal issues and more employment opportunities will be created through the running of these law clinics.

I am proud to be a part of this outreach

Road Accident Benefit Scheme

August 11, 2015  |  by admin  |  in BlogNo Comments

Our aim at the BLA-LEC is to educate and improve the lives of black Lawyers and our communities holistically, we therefore strive to keep our Lawyers updated and informed on bills, schemes, skills et al.

Unfortunately, it has been noted that the Road Accident Fund (RAF) has over time been depleted of its resources, which breeds uncertainty to an extent. To curtail this uncertainty, the Road Accident Benefit Scheme Bill was drafted and proposed (read more on the bill on the official RAF )

The RABS is a social benefit scheme that will provide a social security safety net – based on social security principles.
In the coming weeks, we will be hosting and facilitating workshops to bring information to Lawyers, for the purpose of creating awareness around the Road Accident Benefit Scheme (RABS) and how it will affect Lawyers.

We will be communicating (RABS) workshop dates on our website, and twitter page: @blalecafr . Follow us on twitter for more details, as this is not to be missed.