MANDATORY PRO BONO SERVICES

The Probono Rule 27 was adopted at the 2010 Annual General Meeting of the KwaZulu Natal Law and was

subsequently published in the Government Gazette on 11 May 2012, becoming a mandatory rule for members to comply with.

Pro Bono services are defined as the delivery of legal advice, opinion or assistance in matters within the professional competence of a member to facilitate access to justice. Rule 27 is primarily designed to address the needs of persons

of limited means/ indigent individuals or of non-profit/non-governmental organisations where the payment of legal fees will deplete the organisation’s economic resources and affect their ability to carry out their charitable or public

interest work.

All practising members who have practised for less than 40 years and who are less than 60 years of age, must

perform not less than 24 hours’ Pro Bono service per calendar year.

A firm of attorneys with more than one member shall comply with this requirement if such firm executes Pro Bono work which will cumulatively be equal to the number of members multiplied by 24 hours per member,

notwithstanding the fact that only one or more of the members in the firm execute Pro Bono work.

Certain services, when performed by members at no charge for those who cannot afford to pay, can be recognised as

Pro Bono services if delivered in compliance with the provisions of Rule 27 and the means test as applied by the KZN Law Society. See the link below for a list of the non-exclusive services. Please note that it is a member’s responsibility

to contact the Pro Bono Coordinator of the KZN Law Society and to apply for services to be approved as Pro Bono

work. Members are required to provide a sworn report of all probono services provided by them during each calendar year by no later than 31 January of the next year.

The KZN Law Society keeps a record of services delivered by each member, which record shall be compiled from

member’s annual reports, which should provide full particulars of Pro Bono services delivered. It is the member’s responsibility to submit these reports in accordance with Rule 27.

Please contact the Pro Bono Co-ordinator on Telephone: 033 345 1304 or E-mail probono@lawsoc.co.za.

The following documents are available on the website www.lawsoc.co.za under the Probono section:

The means test and guidelines to the Probono Scheme.

Rule 27 as gazetted

Cession of costs

Sworn report

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PROBONO SCHEME GUIDELINES

The probono rule 27 was approved and passed on the 11 May 2012 and was published in the government gazette.

What qualifies as probono assistance?

1. Individual applicant (means test) a. Applicant must earn a joint income below R 7000.00

b. Not own assets in excess of R 350 000.00

2. Late estates matter only to the value of R 125 000.00 3. NPO

a. By assessment of the Committee 4. First interview scheme

a. Still to be confirmed

5. Small claims court

Reporting on matters to the KZNLS:

1. At the KZNLS financial year all attorneys are requested to report on their hours by mean of a sworn report

drafted by the KZNLS. 2. This must be submitted on or before the 31 January annually.

3. Allowance for the first two years will be granted if proper cause is stated. This will be till 2014. 4. Reporting in 2015 will impose stricter measures.

Non-compliance

1. Allowance will be granted till 2014 with proper cause. 2. Any attorney not completing 24 hours probono service will be charged for unprofessional conduct in

accordance to the Attorney’s rules and rulings.

3. A fine will be imposed on members not conforming with the rule. 4. Further work will be allocated to members who have not found probono work, by means of small claims

commissioner duties, law clinic hours, client assigned to member, etc.

SWORN REPORT

A sworn report needs to be completed and submitted to the Society.

A copy of the report has been annexed – ANNEXURE A

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KWAZULU NATAL LAW SOCIETY PROBONO REPORT

I ______________________________________,

ID:

__________________________________from FIR

M __________________

FIR

M NUMBER: _____________________hereby confirm

under oath that I have completed the prescribed hours as set out under rule 27.

Set out below are details of hours:

DATE

MATTER

WAS

REFERRED/

CLIN

IC/

SEMIN

AR

NO. of

HOURS

HOURLY RATE

AREA OF LAW

i.e. LABOUR,

CIVIL,

LITIG

ATIO

N,

etc.

FORUM

i.e. SMALL CLAIM

S

COURT, CLIN

ICS,

LABOUR COURT,

etc.

FULL NAMES OF

CLIENT AND ID

NUMBERS

DISBURSEMENTS

(IF ANY)

OPENED/

FIN

ALISED

Name:

ID No:

Name:

ID No:

Name:

ID No:

Name:

ID No:

I hereby certify that the deponent states that he/she understands the contents of this declaration and to the best of his/her knowledge is

the truth, which declaration is signed and sworn to, before m

e at ______________________________ on this __________ day of

________________ 2013 and that the provisions as set in the Government Notice No.R1648 of 19 August 1977, as amended, have been

complied w

ith.

__________________________

Full Name: ____________________________

Commissioner of oaths

Capacity: _____________________________

District: ______________________________

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DOCUMENTATION AND RECORDS

Application forms for probono clients can be found on the Society’s website.

It is the duty of the attorney to keep proper records of all probono clients.

Forms can be sent to the Probono department to capture for the attorney taking on the matter and the sworn report

can be sent thereafter to confirm completion of the matter.

Forms can also be sent to the probono department for vetting before the matter is taken on to confirm that the matter will be accepted under the probono rule.

This information is available on the website along with the relevant forms.

The application form has been annexed – ANNEXURE B

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PRO BONO SCHEME APPLICATION FORM

Reference no. Date Y Y Y Y M M D D

1. CLIENT PARTICULARS

Surname

Maiden name

First names:

Identity number: Gender M F Age

Place of birth Nationality

Population group African Coloured Indian White Asian Other

Residential address:

Code

Postal address:

Code

Tel no. (H) Tel no. (W)

Cell no. Fax no.

E-mail

Marital status

Married (if you are married,

please complete section 2)

Single Divorced Widowed

Date of marriage (if applicable) Y Y Y Y M M D D

Type of marriage (if applicable)

Civil Customary Religious Other

(specify)

In community of property

Out of community of property

(with accrual system) (without accrual system)

Employment status Employed Unemployed Pensioner Other

(specify):

IF YOU ARE EMPLOYED PROVIDE THE FOLLOWING INFORMATION:

Name of employer Tel no.

Employer address

Code

IF YOU ARE A PENSIONER PROVIDE THE FOLLOWING INFORMATION:

Type of pension Private

pension fund State

pension Name of private

pension fund

Pension amount (per month)

R

PB1

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2. SPOUSE’S PARTICULARS (complete only if you are married)

Surname

Maiden name

First names

Identity number Gender M F Age

Place of birth Nationality

Population group African Coloured Indian White Asian Other

Residential address

Code

Postal address

Code

Tel no. (H) Tel no. (W)

Cell no. Fax no.

E-mail

Employment status Employed Unemployed Pensioner Other

(specify):

IF YOUR SPOUSE IS EMPLOYED PROVIDE THE FOLLOWING INFORMATION:

Name of employer Tel no.

Employer address

Code

IF YOUR SPOUSE IS A PENSIONER PROVIDE THE FOLLOWING INFORMATION:

Type of pension Private pension

fund

State pension

Name of private pension fund

Pension amount (per month)

R

3. PLEASE SUPPLY DETAILS REGARDING YOUR DISSABILITY OR IMPAIRMENT.

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4. PARTICULARS OF THE MATTER

PLEASE GIVE A BRIEF DESCRIPTION OF THE MATTER

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5. HAVE YOU CONSULTED WITH AN ATTORNEY ON THE MATTER? 6. IF YES, PLEASE SUPPLY DETAILS

7. HAS THIS MATTER BEEN HEARD IN COURT?

8. IF YES WHAT WAS THE OUTCOME?

Applicant’s signature Pro Bono Coordinator’s signature Date Date

YES NO

YES NO

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PRO BONO SCHEME MEANS TEST/PROOF OF INCOME

I hereby confirm that my total (gross) monthly household income is the following:

APPLICANT SPOUSE (if applicable)

Salary R R

Pension R R

Other income R R

Property owned and valuation figure.

Type of work

TOTAL MONTHLY HOUSEHOLD INCOME R

STATEMENT BY APPLICANT:

Complete details of my income are correctly set out above. I realise that if any of the information set out above is false or incomplete, pro bono will be cancelled immediately, and I will be prosecuted for fraud. Signature (Applicant) Signature (KZNLS representative) Date Date .

FOR OFFICE USE ONLY

APPROVED DECLINED

Nature of matter Means Merits

Attorney’s name ALTERNATIVE SCHEME:

Firm name

Date of Approval Y Y Y Y M M D D

Attorney’s Ref no

MMS no:

LIST OF ATTACHMENTS

Copy of identity document Copy of marriage certificate Statement of income Proof of residence

Letter of executorship Bank statement Title deed Utility bill

Death certificate Other …………………………………………………………………………………………….

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1st Floor, 200 Hoosen Haffejee Street

(formerly Berg Street)

P.O. Box 1454, Pietermaritzburg, 3200

Docex 25, Pietermaritzburg

Telephone: (033) 3451304

Fax: 0866393978

E-mail: probono@lawsoc.co.za

Website: http://www.lawsoc.co.za

SUPPORTING DOCUMENTATION REQUIRED WHEN APPLYING FOR

PRO BONO ASSISTANCE

MAKWALO A TLHOKE GANG GE O KOPO

MMULEDI WA MOLAWO

1. Copy of Identity Document;

2. Proof of residence;

3. Copy of Marriage Certificate (if applicable);

4. Salary advice;

a. If unemployed – an affidavit stating that you are unemployed;

5. Bank statements for all accounts for the past 3 months.

Please note that if you are married, the following documents are needed in respect of your spouse:

1. Salary advice;

a. If unemployed – an affidavit stating that your spouse is unemployed;

2. Bank statements for all accounts for the past 3 months.

Please note that your application will only be considered when all supporting documentation is attached.

1. Khopi ya lekwalo itshupo la gago;

2. Lekwalo le le supang fa o nnang teng;

3. Setifikeiti sa lenyalo;

4. Lekwalo le le bontshang madi a o a amogelang ka kgwedi;

a. Ge o sa dire – re kopa ‘affidavit’ e e tlhalosang fa o sa dire;

5. Setatamente sa ko polokelong ya madi sa dikgwedi tse tharo.

Ka kopo itse gore re tlhoka dilo tse di latelang ge o nyetse:

1. ‘Pay slip’ ya molekane wa gago;

a. ‘Affidavit’ ge molekane a sa dire;

2. Statement’ sa banka sa dikgwedi tse tharo.

Ka kopo itse gore re tlo tsaya tsia makwalo kopo a a nang le

ditlhokwa tse di feleletseng fela.

INCWADI EZI DINGE KAYO UMA U CELA USIZO LO MMELI WO MTHETHO

ONDERSTEUNENDE DOKUMENTASIE

VERLANG BY AANSOEK OM PRO BONO BYSTAND

1. Incwadi yo mazise;

2. Incwadi e bonisa lapho u hlala khona;

3. Incwadi yo mshado (uma u shadile);

4. Incwadi e bonisa umuholo wakho ;

a. Uma u nga sebenzi – cela incwadi yo bufakazi emaphoyiseni;

5. Cela istatemende se bangi lakho se nyanga ezi ntathu (3);

Caphela ukuthi: uma u shadile i ncwadi ezi landelayo zi ya dingeka:

1. Incwadi yo muholo wo mlingani wakho;

a. Uma e nga sebenzi – cela incwadi yo bufakazi emaphoyiseni;

2. Cela istatemende se bangi lo mlingani wakho se nyanga ezi ntathu (3).

Caphela ukuthi isi celo sakho so mmeli ngeke si phumelele uma ezi ncwadi zakho zesi celo zinga phelelanga .

1. Afsrif van Identiteitsdokument;

2. Bewys van adres;

3. Afskrif van Huwelikssertifikaat (indien van toepassing);

4. Salarisstrokie

a. Indien u werkloos is – ‘n beëdigde verklaring;

5. 3 maande se bankstate van alle rekeninge.

Neem kennis dat indien u getroud is, word die volgende dokumente van u eggenoot vereis:

1. Salarisstrokie

a. Indien u gade werkloos is – ‘n beëdigde verklaring;

2. 3 maande se bankstate van alle rekeninge van u gade.

Neem asseblief kennis dat u aansoek slegs oorweeg sal word indien alle ondersteunende dokumente soos voormeld

aangeheg is by u aansoek.

Riona Gunpath PRO BONO CO-ORDINATOR

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FIRST INTERVIEW SCHEME

In terms of the First Free Interview Scheme, members of the public are referred by the KwaZulu Natal Law Society to

attorneys on a roster basis for a first, free half-hour consultation. During that consultation, the attorney will discuss

the merits of the matter with the client and also give an indication of the costs of taking the matter further. Some

attorneys are prepared to undertake certain types of civil matters on contingency - or no-win-no-fee - basis, in terms

of the Contingency Fees Act.

The first interview is used to assist client understand process of a matter and costs, the attorney needs to explain this

to the client during the first interview scheme.

All attorneys that want to participate in this project will need to register with the probono department and specifying

their areas of expertise so that matters can be referred to them.

First interview scheme form has been annexed – ANNEXURE C.

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KwaZulu-Natal Law Society

PROBONO

FIRST INTERVIEW SCHEME

PLEASE COMPLETE IN PRINT

FULL NAME

NAME OF FIRM

IDENTITY NUMBER

PHYSICAL ADDRESS

POSTAL ADDRESS

DOCEX

TELEPHONE NUMBER

FAX NUMBER

CELL NUMBER

MEMBER’S EMAIL ADDRESS

FIELDS OF SPECIALITY

YOUR REF :

1st Floor, 200 Hoosen Haffejee Street

P.O. BOX 1454

PIETERMARITZBURG 3200

FAX: (033)3949544

TELEPHONE: (033) 3451304

E-mail: riona@lawsoc.co.za

Website: http://www.lawsoc.co.za

OUR REF :

Please Quote Our Reference

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