law

Pistorius’ Parole, a novel concept in our law?

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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

Who is Dr G.M Pitje

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Once in a while history is blessed with great men, one such man was Dr Godfrey Mokgonane Pitje.

Born in the former Transvaal, (now Limpopo) province in 1917 July 20th. Not much is reported on his upbringing, save for the fact that he was born in Phokwane, Nebo. Therefore, we will focus on his adult life. He went on to obtain a teaching Diploma. This propelled him into a teaching career.

Whilst pursuing his teaching career, he went on to obtain his matric and enrolled himself for a degree in Fort Hare. He graduated in 1944, with a B.A degree. He later obtained degrees in education and law.

It is through his law degree that he would make his greatest mark in history. He served his articles at Mandela and Tambo’s firm. This is where he grew to recognize the many injustices and inequalities faced by black lawyers.

In his later years, he later went on to be the 2nd director of the Black Lawyers Association – Legal Education Centre and founding member of Sechaba Medical Solutions group, a black health care group. His legacy is one of excellence, a bar which he set high. He dedicated his life to the improvement of black professionals. A shining beacon of hope amongst his peers, we can all take a page out of his book and continue on a path of excellence and start something meaningful. He passed on, April 23rd 1997. He is survived by his wife Molly Pitje, and 2 children.

The links below provide more detailed accounts on his life, more especially the Black Lawyers Association tribute, to Dr. Pitje. We are grateful for the insights the article provided, and we urge that you read on further.

Legal Education Training, the quintessence of a great Lawyer

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In recent reports, it has been found that the graduates that are leaving varsity to enter the legal profession, as candidate attorneys are not fully equipped with the requisite practical skills they ought to have. See links for full report , . (Courtesy of University World News Site)

The Law Society of South Africa (LSSA) reports that since 1990 thousands of law graduates have benefitted from Practical Legal Training (PLT) programmes, by which their academic training has been supplemented with practically-based training, thereby enhancing their skills preparatory to entry into the profession.

In light of the report on shortages in terms of legal practical skills we emphasise the following: we at the BLA-LEC have designed our legal education training programmes in a manner that caters to historically disadvantaged South Africans, who were deprived of the necessary resources then to further their studies. The Law degree itself in South Africa was the subject of reform in 1998. The aim of this reform was to make the degree more accessible to a larger pool of students, more specifically those from historically disadvantaged backgrounds. Yet, thus for the reform to prove fruitful, it should also be aided by the requisite resources.

What our legal education centre provides is technique that cannot be taught restrictively in a book alone, but rather it is knowledge which is applied through technique, for instance our Trial Advocacy Training (TAT), which we at the legal education centre have been conducting since 1986, Trial Advocacy Training is the art of persuasion, which allows one aided with semantic skill, to deliver sharp legal arguments.

Our legal education centre is funded by the Attorney’s Fidelity Fund which is committed to legal education. Our programmes offer a thorough list of tools required by our candidates. For instance, a 3 day basic intensive training programme which covers the aspects of a trial, inclusive of:

  • Case Analysis
  • Opening Statements
  • Direct Examination (Examination in chief)
  • Cross Examination and
  • Closing Arguments

We have highly established trainers who bring their experience to the learning programme through, demonstration and valuating performances, instant feedback for our candidates. With this kind of learning one is well on their way to advancing in their legal profession, legal education training is therefore the quintessence of a great lawyer.

Realise your human potential today

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The belief in human potential recognizes the importance of people, people are important. For any economy to thrive, it must have a bulk of skilled and inspired people forming part of the workforce. We have crystallized our belief in human potential by way of our Community Outreach programme.

We believe in ploughing back into the community, to ensure development and to create a culture of sustainability. Under our Community Outreach banner, we host Law Clinics and we have adopted a High School and a Children’s Home.

In 2015, we hope to further our human potential agenda and create a legacy that stands the test of time. Do join us, as we lend a hand.

BLA-LEC Mandela Day

BLA-LEC Mandela Day, 67 Minutes

The co-founder of Trial Advocacy Training shares a lunch with the BLA-LEC team

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Mr James Fergusson II is an American jurist who co-founded this country’s first Trial Advocacy Training, (TAT) in 1986. Mr Fergusson II is an exemplary jurist, who has consistently been voted as a ‘Super Lawyer’ by his peers. He has also been listed as one of the top 10 litigators in the U.S.

It thus gives us great pleasure to report on his visit to South Africa this year. Fergusson shared an insightful lunch with our Legal Education Centre team, during our ‘Information Exchange Sessions’. Saying that we were under the presence of greatness would be an understatement, yet notwithstanding all his critically acclaimed achievements, Mr James E. Fergusson remains humble.

He is featured in our BLA-LEC history discussion under the ‘History’ tab on our website, his contribution towards the introduction of Trial Advocacy training in South Africa will forever be engraved in our history and the history of the legal profession.

See some of the images from our session with the legendary James E. Fergusson II.

Information Exchange Session images gallery

The “African Law Review” and it’s importance?

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It is fundamentally important to preserve the dialogue and written work by black lawyers, and legal practitioners before the new constitutional paradigm that came about post-apartheid. This is important for two main reasons: the importance of our own stories (as black lawyers) being told by us, and the ability to check and evaluate our progress against those times, which presents us with a learning opportunity from the past.

This is why the AFRICAN LAW REVIEW is held in high regard by the BLA-LEC, rightfully so at that, as it presents itself now to us amongst other things, a resourceful tool. The Review was launched in 1987, its’ objective: to facilitate a platform for members of the legal profession to engage in robust debate, about issues affecting the profession, and to provide much needed knowledge of the law beyond the legal profession.

Essentially, the AFRICAN LAW REVIEW was a platform for black attorneys to write-up on the applicable laws at the time, new legislation, proposed bills, over and above, a platform for moot. In an honorary article dated April 2010 to the founder, the first president of the Black Lawyers Association (BLA) and the first director of the BLA-LEC, the BLA re-published a noteworthy profile article on Dr. Godfrey Mokgonyane Pitje. This article was initially published in the 1988-bumper issue of the AFRICAN LAW REVIEW, and it highlighted the number of problems encountered by black lawyers at the time: problems of recognition, ‘our own black people did not accept that African lawyers could be as good as white lawyers.’ These problems of recognition were the raison d’etre for the establishment of the AFRICAN LAW REVIEW.

Thus in honour of this great piece of history, we’ve retrieved a case note written on the subject matter of demolished houses titled: ‘The Wrangle on Demolished Homes’. The article choice was not a random one, at the heart of the many socio-economic issues facing South Africa currently, the lack of adequate housing is at the top of the list. This case note was written well over 2 decades ago, yet still relevant to the plight of South African lives today. The note touches on the demolition of peoples’ homes in 1987. Demolitions are closely linked to evictions, which are an issue that always hits South Africa hard. The current position in our law, on evictions is governed by section 26 (3) of the Constitution, read with the PIE ACT (Prevention of Illegal Eviction from, and Unlawful Occupation of, Land Act 19 of 1998). These statutory provisions aim to remedy the problems faced by many landless unlawful occupants around South Africa, who meet the requisite requirements of the Act, by preventing unlawful evictions commissioned by property owners.

The AFRICAN LAW REVIEW was last published in 1995, however its’ legacy endures and offers several talking points, and guidelines for prospective and current legal practitioners. It even goes beyond the reach of the legal profession, it is an essential part of the history of South Africa as it has documented pivotal events. The founding members of the AFRICAN LAW REVIEW founded the review on the values and objectives that the BLA-LEC operates on. It is a tool that should not be forgotten, nor left behind in history, but one that should be preserved and used to inspire both young and old.

The AFRICAN LAW REVIEW is thus a fine collective account of the rich history of the BLA, the BLA-LEC, South Africa and Africa as a whole. We fully encourage that you take time to peruse it and reflect back on the past, to set the tone forward.

What we have achieved as the BLA-LEC (Annual Report Summation)

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We have largely managed to demystify the law and advance its accessibility throughout our years in service, this in turn bodes well for the administration of justice.

Our legal education centre’s activities continue to reach out to lawyers who would not otherwise be able to reach out to that particular branch of law. Do peruse our website more, for further insight(s).

Our Purpose

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The purpose of Legal Education Training is to develop and improve legal skills. Most of which are practical based, or were inaccessible to previously disadvantaged legal practitioners.

We have grouped our trainings into 3 main pillars, namely:

  • Trial Advocacy Training
  • Commercial Law Programme
  • Continuing Legal Education.

We have been conducting the Trial Advocacy programme since 1986, you can read up on this type of training and more under our ‘Training’ tab on the site.

We put emphasis on practical legal skills, as we all know that legal practice is far different from what we find in textbooks, legal education training offers a more thorough and interactive approach.

Our Ethos

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We, the Black Lawyers Association – Legal Education Centre (BLA-LEC) are:

  1. Dedicated to the improvement of the legal profession.
  2. Committed to the effective management and development of human potential in accordance with its values and to the promotion of an egalitarian and equitable social order.

We achieve our ideals through, amongst other things our legal education training programs, community outreach programs.

Refresher training for Legal Aid lawyers | Namibian Sun

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Publication: Namibia Sun

Published: 27 May 2014

Introduction

A total of 19 lawyers employed by the Ministry of Justice’s Directorate of Legal Aid were presented with trial advocacy certificates in Swakopmund this past Saturday.
They attended a five-day trial advocacy training course in Swakopmund last week before the ceremony, where acting Permanent Secretary in the Ministry of Justice Gabriel Nepaya, officiated.

Click here for the full article.