In a sign of the growth of pro bono in South Africa, a legal services organization has recently developed a weekly clinic to provide pro bono services to poor and disadvantaged people living with HIV/AIDS in Johannesburg.  The growth of pro bono in South Africa has been motivated in part by the recognition of the continuing gap in access to justice as the country deals with the residual effects of apartheid.  At the 2007 launch of ProBono.Org, a non-profit clearinghouse for public interest legal matters, attendees questioned how attorneys who are struggling themselves can make time for pro bono.

Law Clinic Opens for HIV Issues
Lesego Madumo
Reprinted with permission from the City of Johannesburg website

HIV-positive people often have to cope with more than illness – they are victimized and discriminated against. Now ProBono.Org is opening a clinic specifically to help poor people with HIV deal with these issues.

Discrimination experienced by HIV-positive people in public spaces and in the workplace has prompted ProBono.Org to start a weekly legal clinic that will provide free legal advice and services to indigent HIV-positive people.

ProBono.Org is a non-profit clearing house for public interest law matters. It is based in Johannesburg and offers legal representation to those who are unable to afford legal fees.

The proposed clinic will operate on a weekly basis. It will be open every Tuesday, except on public holidays, from 9am until noon, and it will primarily cater to people with problems related to HIV/AIDS.

“The provision has been made to cater only for people who are in the low-income bracket,” says Odette Geldenhuys, the director of ProBono.Org. “It seeks to help and focus on a group of people who are being marginalized and discriminated against, not on merit and ability, but on the basis of their well-being or HIV status.”

Geldenhuys notes that a person’s HIV status should not give the entire community the privilege to be spiteful and hurl slurs. “People who are HIV-positive often have to cope with more than illness … Sometimes health rights are violated and access to treatment is denied or severely limited.”

Free Advice
The clinic will be staffed by attorneys, who will be available on a pro bono basis, which means that they will offer legal advice or representation for free. Clients will be consulted on a “first come, first served” basis.

ProBono.Org is involved in litigation by legal practitioners who voluntarily give their legal services for free as part of corporate social investment programs. This helps legal practitioners and lawyers get further experience outside the realm of their firms.

Pro bono work was first established in the United States, where it is part of the professional culture; its growth in South Africa was sparked by the lack of access to legal representation and justice for the poverty stricken. It is designed to promote issues of public interest.

In addition, attorneys at the clinic will help clients with advice, opinions, non-litigious interventions, alternative dispute resolution, or litigations. “As far as possible, attorneys will attempt to resolve the problems immediately.” Geldenhuys notes. “Where this is not possible, the client will become a client of the relevant firm, and the attorney will finalize the matter on a pro bono basis.”

Discrimination
One of the social problems facing people infected with HIV is stigmatization, which often results in discrimination that is mostly encountered in the workplace or at home. “Discrimination is also suffered when it comes to housing and insurance [allocations].” she says.

“HIV-positive people who suffer the most discrimination are also the ones who have the least access to legal services.” In addition, the cost of legal services is generally not within their reach.

ProBono.Org opened in Johannesburg in 2007. To benefit from the organization’s expertise, clients must fall in the low-income bracket and must present a legal issue that raises broad public concern that affects numerous people.

People who have legal needs and cannot afford a lawyer should approach ProBono.Org. Matters that qualify for representation are matched with suitable legal practitioners, who offer 50 to 100 hours of their time a year for assistance.

For further information, visit the ProBono.Org website.