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Black lawyers association legal education centre( bla-lec) history
In 1982 the BLA invited a group of American Lawyers to come to South Africa, a visit funded by the Carnegie Corporation of New York. The group comprised of Justice A Leon Higginbotham (Jnr) of the U.S. Federal Court of Appeals; Justice Thelton Henderson; Mr. Julius Chambers, a Civil Rights Lawyer of Charlotte, North Carolina now Director-Counsel of NAACF Legal Defense and Educational Fund, INC, and his wife Viviene; and Ms Sarah MitcheIl also a Civil Rights lawyer.
The lawyers were to observe and gain an impression of the South African legal system and the potential of using the law as an instrument of social justice. In addition they were to:
(a) Observe the nature of the legal practice of black lawyers in SA
(b) Hold talks with black lawyers;
(c) Be informed about the special problems facing black lawyers in terms of influx control, the Group Areas
Act, etc.
(d) Address black law students;
(e) Meet members of the white legal establishment to make them more aware of the need to train more blacks for legal practice.
The group visited Pietersburg, Johannesburg, Pretoria, Durban, Ciskei, Cape Town, Soweto and Benoni. They exchanged ideas with members of the BLA, the Azanian’s People’s Organisation and the public.
They experienced the hardships of living in South Africa when they visited some townships. They went to Seshego and Lebowakgomo Townships in Pietersburg and Lenyenye Townshp in Tzaneen, where they met among others, Mamphele Ramphela, a lady medical practitioner who had been banished to Tzaneen and restricted to the township by Government decree. They visited a resettlement area in Phepeni, Tzaneen where several hundred families had been dumped after being uprooted from their traditional homes following a government proclamation that their homes were situated in an area zoned for the homeland of Gazankulu.
At the time of their visit, shanties had been put up. There were no sanitary facilities available and no clean water supplies to the village.
A meeting was held between the students of the University of the North, the Black Academic Staff Association later known as Black Staff Association and the visitors. They also visited the Universities of Natal, Cape Town and Zululand.
En route to Cape Town, the visitors went via Bisho in the Ciskei where they were harassed by the local police. It is alleged that they were taking photographs of a court building, when they were approached by the local police and taken to a local police station and interrogated by the Ciskei Intelligence Service. They were later released after it was established that they were foreigners.
On their return to the US, several American newspapers reported on their experiences in South Africa and, said Judge Higginbotham (Jnr) "They have been unanimous in their condemnation, not merely of the adverse treatment we received, but more importantly of the daily plight of blacks in South Africa".
It was during this visit when Judge Hlgginibotham (Jnr) suggested to the BLA executive that a Legal Education Centre (LEC) be set up. It was to serve as a centre for education; research and publication and establishment, directing and administration of law clinics.
Realising that the birth of the Centre would assist towards achieving the BLA’s objectives, a skeleton staff was selected early in 1984 and the first few meetings were held at the Adviser House on Commissioner Street in Johannesburg, offices of the Chairman, Mr. Pitje,
On October 1, 1984 the BLA LEC moved to a temporary office at the Legal Resources Centre, Hook Street Legal Clinic along Bree Street. Mr. Pitje was appointed by members to be Director of the Centre.
Without receiving any compensation in return, BLA members persuaded him to leave his practice to head the Centre, which he did for three years. He said "I did it for the love of the BLA, the profession and my desire to see the black lawyers progress".
His first staff consisted of Mr. Modise Khoza - Progromme Officer and Mr. S. Hlongwane - Research Officer.
In December 1984 premises were found on 2nd Floor, Manchester House, 68 Vonwielligh Street, Johannesburg. The staff was joined by Mr. Abbey Mothokoa who headed the Law Clinic in Johannesburg and Alexandra, Ms Faith Maqubela - administrator, Mrs. ldah Motsoeneng - secretary and Ms Marie Mochawana - messenger.
The Centre received funding from the Carnegie Corporation of New York, Ford Foundation, and Rockerfeller Foundation, among others.
In 1986 Mr. Pitje stepped down as Director of the LEC and re-opened his practice on Commissioner Street in Johannesburg.
For a few months thereafter the Centre was run by a Management committee. Members of this Committee were Mr. G. S. Maluleke now judge, Mr. J.F.T. Vilakazi, Mr. M. Pitje, Mr. J.D.S.S. Moshidi, Ms. A. Cornwall, Mr. E.D. Moseneke now judge of the Constitutional Court and Mr. C.S. Mhinga. The post for Director was advertised, Mr. Justice Moloto, an attorney from Durban, was appointed.
Three other members joined the staff, being. Mrs. Mojankunyane Gumbi, who headed the Legal Defense Fund Department, Mrs. Dolly Mokgatle, Litigation Officer and Ms. Nomonde Mnqibisa who headed the Education Department.
As the BLA membership grew gradually, the LEC focused on professional enhancement. The Centre established Education and Litigation departments which have made their [mark in previous years.]
Departments within the LEC were responsible for the following:
(i) To educate and enhance the competence of the black lawyers. Several schemes operated within the education department being the bursary fund scheme for university students, conducting trial advocacy seminars and mock trials at university level, a salary subsidy scheme to encourage law firms to take in black candidate attorneys.
(ii) Running three law clinics in Johannesburg, Alexandra and OwaQwa. Cases that were brought to these clinics were mainly labour and housing problems;
(iii) Increasing the number and enhancing the efficacy of black lawyers through the Legal Defense Fund programme. The fund covered all cases arising out of resistance to apartheid laws in the country
(iv) Litigation of political cases, police assaults, student rights housing and labour.
(v) Publication of the African Law Review that encouraged lawyers to write articles on case notes, features and their activities in the law field. The Review was launched in 1987 and was intended to provide the much needed knowledge of the law beyond the legal profession.
It was mainly through the establishment of the LEC that the Association became well known within the country and outside. Invitations poured in from countries like the United States and some African states requesting members to address lawyers and human rights groups.
One such invitation was to attend the ABA Annual Conference in Washington in July 1988 on the theme "The Legal Aspects of Apartheid". The conference was co-sponsored by the Washington-based Lawyers Committee for Equal Rights Under Law and the Individual Rights and Responsibilities Committee of the American Bar Association.
Twenty five South African and Namibian lawyers were invited. Those who represented the BLA at the conference, were Advocates Moseneke now judge, Khoza and Skweyiya now judge and attorneys Moshidi, Pitje, Mr. Mathew Phosa , Jana and Nkadimeng who formed the largest unit of these lawyers.
BLA members delivered well researched papers on a variety of apartheid laws including forced removals, torture in detentions, inquests, bantustans, impartiality or otherwise of the South African judiciary, trade unionism and others.
Also from South Africa were two black attorneys and one white attorney from the Eastern Cape who delivered papers on the Uitenhage shootings and the Kannemeyer Commission of Inquiry.
Namibia was represented by an exiled attorney, one black and one white attorney. Also present were Advocates Bizos now SC; Raymond Suttner, a lecturer, Professor Ranchod of Durban-Westville University and David Saggot of the Johannesburg Bar. Exiled South African liberation movements, the UN Council on Namibia, Churches, the US judiciary and many other individuals and associations were represented.
Another visit worth mentioning, was when four lawyers visited the United States under the United States South African Leadership Exchange Programme (USSALEP) for comparison and training in the necessary expertise and skills relating to broad legal aid institutions, public interest law projects and civil rights and liberties. The scheme, conducted by USSALEP in conjunction with the trustees of the LEC and the executive of the BLA was in preparation for the establishment of the LEC.
The BLA LEC enjoys a number of successes, these being among others;
(i) A bursary fund scheme for students at university level. Mock trials at black universities, where these are not part of the curriculum.
(ii) A candidate attorney subsidy scheme to induce black lawyers to take in articled clerks. According to the Director, Mr. Moloto: "This has been a major success."
(iii) A candidate attorney tuition refund scheme which enables students to register with Practical School in preparation for the admission examinations. The scheme required that students pay a deposit and the Centre pays the balance. The students progress is monitored closely and should the student be successful the deposit was refunded in full.
(iv) a funding scheme is run for seminars and conferences aimed at dealing with specific problem areas of law that are regularly received in practice.
The BLA was the first organization to introduce Trial Advocacy in South Africa. Trial Advocacy training is highly recommended by judges and lawyers alike.
The first members of the Board of Trustees of the BLA LEC were: Mr. G.S.S. Maluleke, now judge of the JDP (Chairman). Mr. D. Ntsebeza now advcate, Mr. J. Yekiso now judge of CPD, Prof. N. C. Manganyi, Mr. T.L. Skweyiya, Mr.J.F.T. Vilakazi and Mr E.D. Moseneke now judge of the Constitutional Court (secretary).
Directors of the BLA - LEC.
1. Mr. Pitje: 1984 - 1986
2. Judge Moloto: 1986 - 1992
3. Adv. Mojanko Gumbi: 1992 - 1993
4. Adv. Pansy Tlakula : 1994 - 1996
5. Adv. Ishmael Semenya: 1996 - 1997
6. Mr. Sibusiso Gamede: 1997 - 2001
7. Miss. Andiswa Ndoni: 2001 - to date |