Unit 1: ESTABLISHING A PARALEGAL ADVICE CENTRE

AND PREPARING ITS CONSTITUTION.

1. PARALEGAL ADVICE CENTRES: A HISTORICAL OVERVIEW.

1.1 SERVING THE NEEDS OF COMMUNITIES.

Paralegal advice centres and paralegals primarily serve community needs. To understand their role
in South Africa, it's essential to consider how community needs, especially those of poor
communities, have evolved from the apartheid era to the present.

 Paralegals during apartheid.

During apartheid, paralegals were crucial activists who helped victims of power abuse, such as
unlawful detention and arrest. They also played a significant role in the fight for the liberation of
black people, who were politically excluded by the apartheid regime.

 Paralegals under the democratic system.

- Post-1994 democracy: Rights protected under the Bill of Rights in the 1996 Constitution.

- Shift in needs: Focus shifted from protection against state abuse to advancing socio-economic
rights and access to justice.

- Persistent disadvantage: Many South Africans, especially in rural areas, former homelands, and
townships, remain marginalized despite constitutional rights and state duties.

- Government efforts: Began providing basic services such as housing, electricity, water, and
sewerage to previously marginalized communities.

- Growing inequality: The gap between the rich and poor widened significantly; unemployment
increased.

- Protests: Violent protests erupted over poor service delivery, corruption by officials, perceived lack
of societal transformation, and ongoing inequality and injustice.

- Impact on paralegals: These societal conditions influenced the role and assistance provided by
paralegals and advice centres, requiring them to address issues related to socio-economic rights and
access to justice.

 Legal aid in South Africa.

- Access to social and economic justice is crucial for achieving equality.

- Since 1998, Legal Aid SA (formerly the Legal Aid Board of SA) has established many justice centres
across the country.

- These justice centres are law offices staffed by attorneys, candidate attorneys, managers, and
support staff, and they primarily handle criminal matters.

- Law clinics and NGOs provide legal assistance mainly for civil cases and are mostly located in urban
areas.
 - Despite these efforts, high unemployment and poverty, along with many South Africans living off
grants, mean that affordable legal services are scarce or unavailable in many areas.

- Paralegals continue to play a critical role in advancing social, economic, and political rights,
particularly for the poor and disadvantaged.

- Paralegals address the legal needs of individuals who cannot afford traditional legal services,
helping to fill gaps left by the formal legal aid system.

- Their role is essential in ensuring that the legal system remains accessible to all, thus promoting
equality and justice through law and democracy.

2. THE PARALEGAL SECTOR IN SOUTH AFRICA.

2.1 Some of the institutions or associations that are relevant and important for the operation of a
paralegal advice centre are outlined below.

 The National Community-based Paralegal Association (NCBPA).

- The NCBPA (National Community-Based Paralegal Association) was established in 1996 with the
mandate to promote and develop community-based paralegal advice centres and paralegals.

- It established a network of provincial paralegal associations to improve access to justice and

advance human rights.

- By 2002, there were approximately 250 paralegal advice centres across South Africa, employing
about 750 paralegals.

- Due to dissatisfaction from funders over the management of funds, the NCBPA collapsed, leading
to the breakdown of its national and regional structures.

- The collapse of the NCBPA made it difficult for paralegals to coordinate their activities and present
a unified voice, particularly regarding their status and role within the legal profession.

- During this period, the Draft Legal Services Charter was published in August 2006. The Charter
aimed to promote economic, social, and political justice by empowering historically disadvantaged
individuals through the transformation of the legal services sector.

- The Charter included paralegals in the definition of "legal practitioners," recognizing their role in
the legal profession and supporting their involvement in the transformation process.

 A National Steering Committee.

- A National Steering Committee was established in 2005, initiated by international donors and
various stakeholders in the paralegal sector.

- The Committee was tasked with addressing significant challenges in the paralegal sector.

- Its responsibilities included advocating for paralegals, providing support, and mobilizing resources
for the paralegal and community-based sector.

 The National Alliance for the Development of Community Advice Offices (NADCAO).
  The National Alliance for the Development of Community Advice Offices (NADCAO) was established
in February 2010.
 NADCAO aims to develop and ensure the long-term sustainability of community paralegal advice
centres.
 Law clinics in the Eastern and Western Cape, North West, and the Free State have formed
cooperation agreements with local paralegal advice centres.
 These law clinics assist with case management, and office management, and provide training for
paralegals.
 Legal Aid SA, funded by the government, provides free legal aid in criminal matters and is working to
expand its reach by partnering with paralegal advice centres.

2.2 WHAT IS A PARALEGAL?

 In South Africa, a paralegal possesses basic knowledge and experience in law and its
procedures.
 They assist with various issues, including legal, human rights, and administrative,
constitutional, and developmental matters.
 Paralegals are trained in conflict resolution and are dedicated to empowering individuals and
communities to resolve issues independently.
 They can refer clients to lawyers, state protection bodies, or specialized organizations based on
the problem.
 Paralegals aim to find lasting solutions and use creative approaches to address legal problems.
 They cannot represent themselves as lawyers or act as court practitioners.
 Paralegals generally rely on alternative dispute resolution (ADR) methods such as negotiation,
mediation, and arbitration rather than pursuing court litigation.
 Their role involves helping clients navigate the legal system, providing guidance, and facilitating
access to justice.

2.3 TYPES OF PARALEGALS IN SOUTH AFRICA.

1) Community-based paralegals:
 Operate in paralegal advice centres aimed at serving local communities.
 Address a range of issues, including basic legal, human rights, and administrative problems.
 Often the most prevalent type in South Africa, providing crucial support at the grassroots
level.

2) Commercial paralegals:
 Employed by law firms to support commercial law practices.
 Involved in tasks such as managing estates, handling conveyancing, and administrative functions
within the firm.
 Play a significant role in the smooth operation of commercial legal services.

3) Paralegals in justice centres and law clinics:

 Provide interpreting services and assist with the means test for eligibility for legal aid.
 Refer clients to appropriate organizations or services based on their specific needs.
 Support the operations of Legal Aid SA's justice centres and law clinics.
 4) Community development workers:
 Some municipalities employ paralegals as primary resource officers to act as a link between
the community and the local council.
 These paralegals are responsible for resolving conflicts.
 They advise the public on local government accountability.
 They provide guidance on developmental issues.
 They direct people to the relevant government department for assistance.
 They assist with disaster management.

5) Lay assessors in criminal courts:

 Appointed to assist magistrates in evaluating evidence and making fair decisions in criminal
cases.
 Contribute to the judicial process by providing additional perspectives in court.

6) Fieldworkers for service organizations:

 Employed by NGOs, community-based organizations (CBOs), research entities, and litigation
organizations such as the Legal Resources Centre.

 Activities include:
 Monitoring and documenting human rights abuses.
 Collecting statements for impact litigation involving groups against the state or private
entities.
 Conducting interviews for impact studies on community-related issues.
 Gathering evidence for cases at the Competition Tribunal, including those related to price-
fixing and consumer protection.

7) Debt counsellors:
 Offer specialized debt counselling services under the National Credit Act 34 of 2005.
 Assist individuals facing financial difficulties with managing and restructuring their debt.

8) ADR paralegals:
 Provide alternative dispute resolution services such as conciliation, mediation, and arbitration.
 Work under the Consumer Protection Act 68 of 2008 to resolve consumer disputes.
 Refer unresolved matters to the National Consumer Commission for further action.

Examples of Paralegal Advice Centres’ Work:

-Clan William Paralegal Advice Office:

 Successfully mediated disputes between farmers and farmworkers.

 Avoided formal procedures of the Commission for Conciliation, Mediation and Arbitration
(CCMA) and the Extension of Security of Tenure Act 62 of 1997.
 Demonstrated effectiveness in resolving conflicts outside traditional legal processes.

- Indwe Legal Advice Office:

 Addressed the issue of old-age pensioners and young mothers lacking valid identity
documents.
 Engaged with the Department of Home Affairs to establish a mobile office in Indwe.
  Enabled local processing of IDs and other essential documents, improving access to grants
and services for the community.

2.4 THE ROLE OF PARALEGALS.

 Paralegals provide general legal advice to individuals, helping them understand their rights
and the law.
 They design and distribute educational pamphlets and booklets to inform the public about
legal issues.
 Paralegals refer people to social and health services and relevant organizations based on
their needs.
 When necessary, they refer clients to attorneys for specialized legal representation.
 They prepare individuals for formal legal procedures by guiding them through the process.
 Paralegals conduct workshops to educate people about their rights and legal options.
 They work to resolve community problems and conflicts with authorities through
negotiation and mediation.
 Paralegals stay in touch with other paralegals, resources, and organizations both locally and
nationally.

2.5 PRACTICAL SKILLS USEFUL FOR A PARALEGAL

 Communication skills: Essential for interviewing clients, taking statements, giving advice, and solving
problems.
 Administrative skills: Includes filing, bookkeeping, and arranging meetings.
 Development skills: Involves conflict resolution for negotiation, mediation, and arbitration, and
facilitation skills for community education and training.

2.6 Paralegals must be familiar with the meaning of the following concepts.

 Negotiation:
 Involves direct discussions between two or more conflicting parties.
 The goal is to find a mutually acceptable resolution.
 Parties usually need to make concessions to reach a settlement.
 The outcome is known as a “win-win” situation, where both parties benefit from the
resolution.
 Effective negotiation requires clear communication and compromise.

 Mediation:
 Used when parties are unable to resolve a conflict on their own.
 A neutral third party (mediator) facilitates the discussion between the conflicting parties.
 The mediator helps the parties explore solutions but does not impose a decision.
 Mediation focuses on assisting the parties to reach their agreement.
 If no agreement is reached, the mediator withdraws, and parties may need to seek
alternative resolution methods, such as arbitration or court.
 Mediation is less formal and usually faster than litigation.
 Arbitration:
 Involves a third party (arbitrator) who is chosen by mutual agreement of the parties.
 The arbitrator has the authority to make a binding decision on the matter.
 Arbitration is similar to a court trial but generally less formal.
  The parties must agree in writing to the terms and scope of the arbitrator’s authority before
the process begins.
 The arbitrator’s decision is final and legally binding, with limited grounds for appeal.
 Arbitration is often used for disputes where parties prefer a quicker, private resolution
compared to court proceedings.

2.7 MATTERS THAT A PARALEGAL MAY NOT HANDLE.

A paralegal is prohibited by law from:

• drafting a will;

• signing a summons or any other court document, and

• drafting an agreement for the sale of both movable and immovable property.

3. A PARALEGAL ADVICE CENTRE AND ITS ROLE IN THE COMMUNITY

- Paralegal advice centres in South Africa help people understand the law and solve legal and human
rights problems.

- Community-based paralegal advice centres are crucial for providing access to justice to
marginalized communities, including those in remote areas.

a. Providing basic legal advice

 Paralegal advice centres offer basic legal advice to ensure the protection of individuals' rights.
 They collaborate with attorneys, including those at law clinics and justice centres, to handle legal
matters.
 For employment disputes, especially unfair dismissals, paralegal advice centres assist clients with
completing application forms for the Commission for Conciliation, Mediation and Arbitration
(CCMA).
 They also refer clients to relevant government departments or protection agencies based on the
nature of their legal problems.
 This referral process helps clients access specialized services and support for their specific issues.
 b. Facilitating dispute resolution
 Paralegal advice centres are well-positioned to help resolve disputes within the community or
between community members and government officials.
 They use negotiation or mediation to address conflicts.
 Effective mediation requires special skills, a good understanding of people, and the ability to
remain neutral and unemotional.

c. Helping people to access services offered by the state.

 Millions of people in South Africa rely on state grants and pensions for their livelihood.
 Due to issues like red tape, inefficiency, and incompetence, some beneficiaries are deprived of
their benefits.
 The increase in such problems has led to a rise in violent protests against poor service delivery
and neglect.

Paralegal advice centres can play a significant role in addressing these issues using various methods:

 They can negotiate on behalf of the community to find solutions.

 They can mediate between the community and state organizations to facilitate agreements.
 They can lobby with government officials, politicians, members of the National Assembly, and
relevant ministers to advocate for improvements.
 They can approach the office of the Public Protector for intervention and oversight.
  They can organize petitions to mobilize community support and pressure authorities to act.
 They can assist with filing complaints and advocating for the implementation of proper
service delivery systems.
 They can help gather and present evidence of service failures to strengthen the case for
intervention.

d. Assisting with employment creation

 Paralegal advice centres help communities develop by establishing organizations for skills
acquisition and income generation.
 They provide developmental assistance through various methods:
 Advising on legal structures to regulate community groups.
 Drafting constitutions for chosen legal structures and providing training on accountability,
office bearers' functions and powers, financial management, and budgeting.
 Assisting with registering the legal structure as an NPO with the Department of Social
Development.
 Helping with fundraising and proposal writing.

e. Promoting community education

- Achieving the values in the "Founding Principles" of the Constitution requires communities
to understand its content, the meaning of rights, and their application to daily life.
- Having prior knowledge of legal rights can help prevent legal problems.
- The high rates of murder, sexual and domestic violence, and discrimination based on race,
HIV status, gender, sexual orientation, culture, and class indicate a lack of acceptance of
constitutional values and societal norms.
- Mere knowledge of rights and responsibilities is not enough to change behaviour.
- Knowledge acquisition must be paired with inculcation, a process where information is
critically analysed, and ideas are exchanged honestly in an environment of respect and
tolerance.
- Paralegal advice centres can play a crucial role in informing and engaging communities on
contentious issues.
- They can also help inculcate respect and tolerance for the views of others.

4. THE PROCESS OF SETTING UP A PARALEGAL ADVICE CENTRE.

a. Being clear about the reasons for establishing a paralegal advice centre
- Communities may open paralegal advice centres for various reasons.
- The main motivation should focus on the needs of the community.
- A paralegal advice centre should not be established to benefit only a few individuals.
- It should not be created to provide employment opportunities solely for a few people.
- It should not serve as a power base for individuals or political parties.
b. Establishing a steering committee to guide the process