With Stellenbosch University's (SU) focus on social impact awareness in July, this series of profiles celebrates remarkable individuals and teams who make a meaningful contribution beyond the University's walls. The recent inaugural Social Impact Awards recognised academic and professional administrative support services (PASS) staff at SU who are driving positive change in diverse spheres of life. Prof Theo Broodryk accepted an award on behalf of the Law Clinic for their community service and significant legal impact.
On a notice board in the waiting room of SU's Law Clinic in Crozier Street, a sign spells out their vision: To empower a legally informed community to exercise their rights individually and collectively; to produce highly employable law graduates with top-tier professional training; and to raise awareness within the broader South African community about their social justice responsibilities.
Few organisations can claim they fulfil their vision and mission so rigorously. By providing essential legal support to poor and marginalised people, the Law Clinic serves as a lifeline to communities who are vulnerable to human rights violations such as abuse, evictions and questionable debt-collection practices. Regular workshops presented by the Clinic's staff focus on basic rights and raise much-needed awareness about legal matters.
Recognised as a leading African social justice law firm, SU's Law Clinic has also become renowned for its innovative contributions to social justice through its involvement in high profile court cases and research. For instance, last year the Constitutional Court dismissed an appeal against the decision to certify a class action brought by the SU Law Clinic. It is the first class action successfully brought by a South African university law clinic.
In 2023, a report by the Law Clinic made headlines when it exposed the exploitation of poor debtors by lenders who circumvent legal restrictions on salary deductions, calling for urgent legislative intervention to protect vulnerable debtors.
Comprehensive legal services
Operating as a fully-fledged law firm with a walk-in legal service, the Law Clinic simultaneously offers training to final year law students and candidate legal practitioners in the practical application of the law, explains Nikita Stander, Senior Attorney at the Law Clinic.
“The students' involvement at the Clinic provides them with invaluable practical experience that supplements their academic work," Stander says. “They also get exposure to consultation with clients, and they're involved in trials where they get to do cross examinations and arguments. Experience at the Law Clinic gives their careers a solid foundation and raises their social justice awareness.
“Next year Practical Legal Training becomes a compulsory module for our final-year law students, which will increase the student involvement at the Law Clinic from about 50 students, to over 300 students," Stander notes.
The Law Clinic operates through three main departments: general civil matters, evictions and family law and apart from their offices on SU's main campus, they also attend to satellite office in Ceres, Worcester and Bishop Lavis. Five attorneys are assisted by seven candidate legal practitioners and together they have already seen more than a thousand clients this year.
According to the Law Clinic's most recent Social Impact Report, more than 6 000 people approached them for help between 2018 to 2022. More than half of these were female (55%) and 47% reside within the Stellenbosch municipal area. The majority of those seeking assistance, had to do with family-related matters and with eviction-related matters.
Community engagement and education
The Law Clinic nurtures a culture of civil responsibility by conducting workshops on evictions, debt relief and domestic violence. The Clinic's community engagement initiatives, such as the Financial Literacy Project, have empowered thousands of learners and farm workers with essential skills.
Stander also oversees farm eviction-related matters, a critical area given the rising number of eviction applications in the Boland region. Her involvement with the Clinic began in 2008 as a student consultant, and she has since risen through the ranks specialising in eviction matters.
Her work involves not only legal representation but also educating clients about their rights under the Extension of Security of Tenure Act (ESTA). Stander regularly conducts training sessions for farm workers, empowering them with knowledge that can help prevent evictions.
“We also have a Wills Week on Wheels, where we go out to the communities and, during consultation, draft clients' wills, whereafter we print it and the clients sign their wills," she explains.
Stander mentions one of the cases she worked on involved an elderly woman who was served with an eviction application instituted by the farm owner. “She's been on the farm for generations. After the original owner passed away, his son inherited the farm. The woman had changed the nappies of the current owner when he was a baby. She was no longer an active labourer, so the owner wanted to evict her. The ESTA legislation gives protection to people who've been residing on farms for longer than ten years and have reached the age of 60. But her matter was complicated, because she moved away for a year and then moved back. We opposed the eviction application instituted against her and fortunately judgment was granted in our favour."
Such evictions and consequent homelessness are a threat to the human rights of farm labourers and their families, Stander observes. “We need to ensure that the law serves everyone, not just those who can afford it."
One of the standout achievements of the Law Clinic is its involvement in high-impact litigation, particularly the class action against Lifestyle Direct Group. This case, which addresses the unlawful subscription practices that have financially harmed many individuals, marks a significant milestone, as the clinic was the first law clinic in South Africa to initiate such a class action. Stander expresses pride in this achievement. “We can now assist those affected in claiming back their money, which is a crucial step in holding these companies accountable."
Another significant case involved Hendri Herbst, a Paralympic swimmer who faced discrimination when he was denied access to a restaurant due to the presence of his guide dog. The case was settled with a public apology and compensation.
Legal access for all
As many South Africans are unable to afford legal services, the Law Clinic's contribution to improving legal access is significant, says Prof Theo Broodryk, managing attorney and head at the Law Clinic.
Broodryk is particularly interested in class actions due to their ability to provide large-scale access to justice, enhance judicial economy and deter anti-social behaviour. Through his academic research, he aims to inform policy discussions and facilitate reforms to improve the South African collective redress landscape.
“It is important for us as a clinic not simply to litigate, but to in any way possible, through litigation or otherwise, achieve the purpose of ensuring systemic legal reform to the benefit of poor and vulnerable individuals," says Broodryk.
“The Law Clinic is perfectly placed to make a difference by engaging in impact litigation. When we do so, especially if we do it successfully, there is usually a tangible difference afterwards in terms of the number of clients and professionals who seek our advice and assistance. It also allows us to do training on the result of the successful litigation to ensure that the impact filters into the community and is not just of academic importance," Broodryk stresses.
The recent recognition of the Law Clinic with a Social Impact Award highlights its ongoing commitment to social justice, Stander notes. “Being recognised in this way is a huge honour for our team. It was also a humbling experience to see how many other amazing community initiatives are hosted at the University. It motivates us to continue our efforts in making legal services accessible to those who need them most."
PHOTO: Prof Nico Koopman (Deputy Vice-Chancellor: Social Impact, Transformation and Personnel), Prof Theo Broodryk and Dr Leslie van Rooi (Senior Director: Social Impact and Transformation) at the Social Impact Awards. (Photo taken by Stefan Els)
