SHAMIEL JASSIEM VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW CLINICS ASSOCIATION ( SAULCA )

1. ROLE OF THE SOUTH AFRICAN UNIVERSITY LAW CLINICS ASSOCIATION IN THE PROMOTION OF CLE IN SOUTH AFRICA AND THE REGION SHAMIEL JASSIEM VICE PRESIDENT- SOUTH AFRICAN UNIVERSITY LAW CLINICS ASSOCIATION ( SAULCA ) DIRECTOR- LAW CLINIC- UNIVERSITY OF THE WESTERN CAPE

2. LAW CLINICS ENVIRONMENT • South Africa’s history also reflected in Law Clinic history and operational environment. Remain massive challenges iro teaching as well as the promotion of access to justice. • For those students, who completed their secondary education in an inferior schooling system, practical training in law clinics is of even greater importance. • Law clinicians at historically black universities often spend inordinate time on basic writing and analytical skills, skills which students should really have already acquired by the stage they reach the clinical law programme. • In addition, South Africa is a country facing poverty and unemployment, debilitating diseases and intolerance towards people with AIDS and foreigners. The latter presents a further challenge to law clinics, namely of inculcating values of justice and caring in a future generation of lawyers. • Law clinics are best suited to train students in assisting the poor and marginalized in the attainment of social and economic freedom

3. BRIEF BACKGROUND OF ULC’S IN SOUTH AFRICA • Clinics formed due to the initiatives of committed law students due to a grass root need for legal rep by indigent persons whose basic human rights were infringed • In the 70’s ‘legal aid clinics’ were established at certain Universities to assist disenfranchised communities. (UCT, WITS , UKZN) • Staffed by students on a voluntary basis and they were supervised by private practitioners • By the late 80’s there were established law clinics at all the 21 Universities in South Africa • After mergers 17 universities, 19 Law Clinics • Received accreditation to operate as a law firm from the Law Societies

4. Statutorily recognized and obtained accreditation Forms part of the Faculty of law Employs a full time director, attorneys, candidate attorneys, admin staff Provides free legal services Enjoys liability cover Moved from voluntary – to credited courses All are Members of SAULCA Receives funding from University + Donors Cooperation agreements with government agencies and funders Strong networks nationally, regionally and internationally Modern Day Clinic

5. FIRST DECADE CHALLENGES • Finding a Unified Voice that embraces ALL • Structural changes within the LLB, • Academic pressure, insecure academic tenure tracking • Huge staff turn-over - expertise taken by private or government agencies • Funding • Standardization of CLE curriculum development

6. FINDING A UNIFIED VOICE FOR LAW CLINICS • In the late1980’s VURI formally became AULAI (Association of University Legal Aid Institutions) • Became more inclusive – and started operating bilingually • In 2013 AULAI changed its name to SAULCA – to eliminate confusion • VURI (Die Vereniging van Universiteitsregshulpinstellings) was formed in 1982 to promote the interests of law clinics • VURI – an association of predominately white universities – Afrikaans the dominant language • VURI was plagued by issues of race and diversity • Cooperation between law clinics across the colour barrier remained limited

7. SAULCA MISSION • SAULCA is a professional organization committed to democratic values and human rights, and dedicated to promoting excellence in clinical legal education and access to justice. • MISSION • promote clinical legal education of law students by members of the association; • promote and support access to justice in the context of clinical legal education; • foster, maintain and extend public confidence in the law and the administration of justice in general.

8. Objectives of SAULCA • Provide financial and program support to its members; • Promote high quality Clinical Legal Education programs at Universities in South Africa; • Encourage and assist member law clinics to promote social justice; • Provide legal representation, and • Foster and encourage values of integrity, professionalism and dedication to human rights within the legal profession.

9. Structure of SAULCA • SAULCA is a voluntary association (VA) of members governed in terms of a Constitution, which is its founding document. • Legally incorporated and is a legal entity on its own. • Membership is institutional. Law Clinics belong to SAULCA and not individual clinicians of the Law Clinic. ( 19 members) • The membership selects a management executive from its members who governs the day to day activities of the Association. • Funding from membership fees, training courses and AULAI Trust • Members meets every two years • 2/3 Executive meetings per year • It has no paid staff and executive works on a voluntary basis • A Law Clinic host the secretariat of the organization

10. CAPACITY BUILDING • SAULCA executive spearheaded a range of workshops relating to diversity – SAULCA members started embracing their differences and aimed to build a unified and cooperative voice for all • In 2000 – various capacity building and resource building workshops were hosted- Funded by AULAI Trust • Aim to draw from the rich teaching methods and to capture this in three manual so as to develop a curriculum for CLE in SA

11. TRAINING • Curriculum Development, Teaching Methodology, Assessment, Sustainability Workshops • Important component of the planning of these workshops were the transfer of skills between advantaged and disadvantaged Clinics • Manuals produced

12. Resource Mobilization • Attorneys Fidelity Fund • Formation of AULAI TRUST – conduit for funding • FACULTY funding • Diverse initiatives employed to unlock funds- DOJ & CD Candidate attorney programme and training courses (NCR and Paralegal) • Specialist Law Clinics – attracting huge amount of funding. Donor funds used to fund various legal units • Formation of Clusters – Network of students, paralegals and law clinics

13. SECOND DECADE CHALLENGES • Threats of funding by international donors • Funders shifted resources post 94 • SA remains a society with deep social divisions – many requires access to legal services • Civil Legal Aid remains a challenge to the LEGAL AID SA because inadequate budget allocation • Transformation within the profession • Review of LLB • Legal Practice Bill • LEGAL AID SA set up Justice Centres – decreasing cooperation agreements • Best Practices • ULC’s continue to provide legal representation to a huge sector of society – within the context of diminishing funds

16. CHALLENGES- ORGANISATION • Younger clinicians requires training (transfer of skills) • No fixed secretariat for the organization which could manage the operations on a daily basis • Funding

17. HOW SAULCA ADDRESSED THE CHALLENGES • Increase research capacity and publications • Regional integration • Databases • Communication with members – discussion forums • New clinicians manual – about the organization and CLE • Applying for funding on behalf of members