I was born in Matatiele in the rustic part of the Eastern Cape province and I graduated with an LLB degree from the North West University, Mafikeng campus. In search for success, I have been able to rise from a position of a security officer to my recent appointment to the Constitutional Court to clerk for Justice Z Yacoob in 2009. I joined the Durban office of the Legal Resources Centre (LRC) as a Candidate Attorney on 08 January 2007. This was my first professional exposure in the legal fraternity as a new human rights lawyer. The core reason I opted for a public interest law firm is due to my ancient commitment to the highest standard of service to humanity, where my life can touch that of others positively.

My experience at the LRC, since day one to date, has been stimulating. The atmosphere in the workplace is conducive for a lawyer in training. It has assisted me to acclimatize in KwaZulu-Natal. I never anticipated to work together with such esteemed learned persons including those, such as George Bizos, who represented Nelson Mandela during the Rivonia Trial. This is both a privilege and a blessing.

I have a good relationship with my colleagues on and off the field. The opportunity of working under the wings of skilled attorneys has imparted a remarkable contribution to my career. They have ensured that I have all the requisite abilities of a competent attorney. This journey has enhanced my confidence, knowledge and skills in the practice of law. This has allowed me to grow professionally as a lawyer and I believe that I am now in a position to go back to my rural area and contribute in addressing the hardships that still present themselves. I have met many professional acquaintances with whom I shall maintain contacts.

I have amongst other things been practically involved in consulting with clients, giving advice, drafting pleadings and representing clients in the court of law. The rotational system of CAs at the LRC has exposed me to various areas of the LRC’s work, including in the areas of land, housing, education and women’s rights.

My work in housing rights involved representing clients from informal settlements (eg., Annette Drive, Crossmore informal settlements, etc.) who were facing imminent evictions. The majority of residents in informal settlements are indigent and vulnerable. I have on numerous occasions personally witnessed their distressing living conditions. The absence of running water, electricity and overcrowding always made me go an extra mile when handling these types of cases. At times we had to consult during late hours of the day in order to prepare court papers.

In the area of children’s rights and education, we acted on behalf of schools from the countryside of KwaZulu-Natal and the Eastern Cape, where learners are receiving their lessons in substandard conditions. In some schools, learners receive their lessons under trees because of a shortage of classrooms. The lack of furniture, staff, running water and improper quintile ranking has been a major problem. We have successfully managed to get new infrastructure on behalf of learners in St Michael Primary School in Umzimkulu and Landulwazi Lower Primary in Msinga, just to mention a few. Temporary classrooms have been secured in other schools and construction of new classrooms is underway.

I have enjoyed working on these cases as they involve children. Children are the most vulnerable in our society and need a quality education in order to improve the standard of living in their impecunious communities. I am delighted to have been part of the LRC. I am confident that I can stand in any court of law to fight for respect, protection and realization of human rights in South Africa and beyond.

- by Moses Retselisitsoe Phooko

In a profession often described as cutthroat, with practitioners who are driven by success measured in wealth; and only the rich are seemingly able to access the law, the LRC offers a unique service. A non-profit law clinic that uses the law to give effect to the rights of the vulnerable and poverty stricken in our society.

It is for this reason, that I am honoured to have been associated with such an organisation. I have had the rare opportunity of using my knowledge of the law as well as the lawyering skills that I have acquired during my time with the LRC, to challenge those who attempt to trample upon the rights of the impoverished in our society.

It is without doubt that the most vulnerable in our society are children as they lack the maturity and understanding necessary to access their rights. It has been extremely rewarding to have had the opportunity to work on matters that strive to ultimately secure and protect the rights of children. I have been able to challenge executors of deceased estates who attempt to keep child beneficiaries from their inheritance; to act on behalf of children whose fathers attempt to shy away from their responsibility of paying maintenance; to ensure that HIV/AIDS orphans are able to access the death benefits due to them and to challenge the Department of Education to ensure that our children receive a quality education and all the benefits due to them in terms of the current laws and policies.

This month, I had the wonderful experience of accompanying Mahendra Chetty, Regional Director of the LRC Durban office, to the Constitutional Court. We attended the confirmatory proceedings of High Court Judge Bertlesmann’s decision deeming several sections of the Criminal Procedure Act unconstitutional. It was my first visit to the Constitutional Court and I was captivated both by the beauty of the court and the 11 Justices who displayed such a remarkable application of the Constitution and the law in its entirety.

This matter involved the manner in which child victims and witnesses of sexual assaults are dealt with within the Criminal Justice System. Children are placed within the system as a consequence of an incomprehensible crime that has stripped them of their dignity. Court officials and practitioners, who negligently fail to make use of the systems that have put into place to protect these vulnerable children, cause further stress by exposing them to intense questioning and cross-examination in full view of the accused.

In addition to the rights of children, I have also developed an active interest in the housing and local government project. The Constitution guarantees the right to adequate housing. Despite this provision, many people are still homeless and living in informal settlements. I have had the opportunity to place their plight before the courts in a bid to attempt to force officials to take active steps to remedy their dire situation. Most recently, I made my first appearance in the Magistrates Court when I opposed a PIE application on behalf of my client, a widow and mother of five. Being able to assist people to secure a basic right such as the right to shelter has been so rewarding as I feel that I am using the law positively to do meaningful work and to make an impact upon the lives of others.

It is wonderful to be able to work in such a productive environment with such a diverse group of people all striving toward the common goal of helping those who need legal assistance and cannot afford the costs of private attorneys. I have learnt much from Mahendra Chetty and Sharita Samuel, the lawyers in our office, in terms of how to approach a matter, draft letters and pleadings, conduct proper consultations etc. They are constantly motivating the candidate attorneys and junior lawyers in our office, to work hard toward achieving our goals and to strive for excellence.

Now that my articles of clerkship are near completion, I look forward to my admission as an attorney. I also look forward to the limitless opportunities that await me. I am confident that with the experience and skills that I have acquired during my time with the LRC, I will be able to go on to accomplish great things and to make my mark as a young lawyer. As a practitioner, I will strive to serve my clients with honesty and integrity, and to use my knowledge of the law for the promotion and advancement of the rights of all.

-by Celeste Penn

<< Next>>