Constitutional Court Acting Judge, Jody Kollapen, presented the keynote address at the fifth annual Probono.Org award ceremony held in November 2019 in Johannesburg.

By Kgomotso Ramotsho

Probono.Org held its fifth annual awards ceremony in November 2019 in Johannesburg to honour legal practitioners and law firms who have gone beyond the call of duty to assist vulnerable citizens receive access to justice. Keynote speaker Acting Constitutional Court Judge, Jody Kollapen, said that the awards were an important event to acknowledge the important work that legal practitioners do.

Justice Kollapen pointed out that former President Thabo Mbeki once remarked that some people look forward to the future because of what they know they will gain, and others do not look to the future because they think they may lose. He said that the dawn of democracy was a recognition that the law will play an important role in democracy and the Constitution was a promissory note to a better future. However, he added that after voting on 27 April 1994, apart from changing political power, the reality for the majority of South Africans had not changed, and for some – 25 years later – it still had not changed.

Justice Kollapen said the promise of change laid pregnant in the Constitution that South Africans embrace, because it committed itself to society based on social justice, human rights, democracy, and developing the potential of each person. He noted that the idea of a supreme Constitution was the dream that was sold to South Africans. He said the country wanted constitutional citizens and not – as some people would describe – ‘constitutional delinquency.’ Constitutional citizens need to respect the law, to internalise the law in their homes, as well as outside their homes. Justice Kollapen pointed out that pre-1994 the idea was to make South Africa (SA) ungovernable and to do so, people would have not obeyed the rules.  He said the law was the social destruction of the country, the law determined where one could live or where one could work.

The new Director of Probono.Org, Teressa Yates, gave closing remarks at the Probono.Org award ceremony held in Johannesburg in November 2019.

Justice Kollapen said civil law was meant to be a driver of change in SA, he added that in the 25 years of democracy the standard exercise in terms of developing the law and to collaborate it with the needs of the society has been nothing short of remarkable. He pointed out that Parliament has worked hard to pass laws, which pertain to every aspect of the lives of the people and the generation of laws for the constitutional requirements of a transformed society, has been impressive. He added that the courts have also been bold in setting standards in terms of their overseeing role.

Justice Kollapen said that billions of Rands have been spent on legal education and human rights education. He pointed out that the logical outcome of all of that must mean that SA wants constitutional citizens. Citizens must understand human and legal rights, but most importantly must know when those rights are under threat and when those rights must be asserted. He pointed out that if those rights are not asserted, then they become just paper rights if one is not able to access the institutions of justice in order to assert those rights.

Justice Kollapen said that the Constitution has a powerful and almost unconditional commitment to equality before the law and it recognises it in s 9 where it states: ‘Everyone is equal before the law and has the right to equal protection and benefit of the law.’

Justice Kollapen noted that every law must operate for the benefit of all citizens. He commended legal practitioners for undertaking the pro bono work they do.

Back row from left: Justice Jody Kollapen, and the Chairperson of Probono.Org, Mohamed Randera (back row, far right), with the Probono.Org 2019 winners at the fifth annual Probono.org award ceremony.

The 2019 Probono.Org awards winners and special mentions are as follows –

Family law:

• Joseph Sithole, Ceri von Ludwig Attorneys.

Labour law:

• Manager Gumbo, KM Legal Consultants.

Wills:

• Liesl Williams, Norton Rose Fulbright SA.

Community Advice Office:

• Sibongile Advice Office (Zola); and
• Thandekile Mkhize.

Large law firm:

• Fatima Laher, Bowmans.

Medium law firm:

• Sithembiso Mabaso, Clarks Attorneys.

Small law firm:

• Sue Naidoo, Sumadhi Naidoo Attorneys.

Refugees:

• Dakalo Singo, Werksmans.

Children:

• Suné Bosch, Ramsden Small Attorneys;
• Jonathan Small, Ramsden Small Attorneys; and
• Vera Kruger, Abrahams & Gross.

Housing:

• Naledi Motsiri, Werksmans; and
• Dakalo Singo, Werksmans.

Estates:

• Corncelia Chauke, Sonkosi & Ngalonkulu Inc.

Conveyancing:

• Chrysi Kripotos, Chrissi Kripotos Attorneys (for Johannesburg); and
• Illse Nieuwoudt (for Pretoria).

Outstanding student at a university law clinic:

• Jarrod van der Heever, University of Pretoria Law Clinic.

Advocate award:

• Basil Joseph, Thulamela Chambers.

Special mentions:

• Susan Harris, Harris-Morgan Attorneys;
• Nikola Daniels;
• Dawn Grabe, Grabe Attorneys;
• Charl Albasini, Albasini Attorneys;
• Marinus Labuschagne, MVC Inc; and
• Rita Ozoemena, Grayston Chambers.

Back row from left: Justice Jody Kollapen and the Chairperson of Probono.org, Mohamed Randera (back row, far right), with the Probono.Org special mentions recipients.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.