pro bono

our philosophy

Our CSR (Corporate Social Responsibility) initiatives are founded on a policy of providing pro bono services to individuals, communities and organisations in need of legal assistance.

Work that is in the interests of the public good includes providing legal services to benefit any individual, community, group or organisation which is disempowered financially, socially or in some other manner or whose primary objective is to promote individual rights of the disadvantages. In respect of individuals, pro bono work should generally involve a clear, broader public interest.

Each attorney at Bowman Gilfillan – from Directors to Candidate Attorneys – is expected to contribute an average of 50 hours to pro bono work every year.

This amounts to about 1 000 hours a month across our three offices – worth almost R1 million. Achieving this would put us on par with the American Bar Association, which tasks its own members with the same target.

The pro bono legal services we have provided since 2003 have earned us the highest Empowerdex rating for CSI (Corporate Social Investment) – an achievement of which we are all very proud.

our achievements

From June 2003 to February 2010 we have contributed pro bono work amounting to approximately 51 000 hours, worth an estimated R43 million. This amounts to an average of about 30 hours per attorney.

Every year we also make two Candidate Attorneys available to the Public Defender’s office, each on a six-month assignment. This effectively amounts to over 2 200 hours of work per year for disadvantaged individuals.

the bowman gilfillan model

We at Bowman Gilfillan believe that our model of encouraging and facilitating each lawyer to do 50 hours per year makes a significant contribution to access to justice. We believe this model allows us as a firm to make far more of an impact than we could make by simply allowing one or two lawyers to devote themselves to pro bono work on a full-time basis. Purely from a time perspective two lawyers could probably manage 3 500 hours between them in a year. In the last financial year Bowman Gilfillan managed a staggering 8 000 hours valued at approximately R 8 million.

We also believe that this model allows us to attract the “right” sort of lawyer to Bowman Gilfillan - achievers with a keen sense of right and wrong. We find it is most often the brightest students and the best performing lawyers who are most keen to do pro bono work and most able to take on significant and important cases.

We also believe our model is one that is most easily reproduced. All firms and lawyers are likely to one day have compulsory pro bono obligations imposed by the law society. Most large, medium and small firms are not able to simply appoint a partner or junior lawyer to work for free and undertake pro bono work on behalf of the firm. These firms need to find a way to encourage all practitioners to do pro bono and we believe clearing houses such as ProBono.org and an active culture of recognising and encouraging pro bono work is the best way to achieve this. We challenge all firms to make pro bono an every day part of their culture like it is at Bowman Gilfillan.

our policy - "every lawyer wants to do pro bono work"

Bowman Gilfillan commits itself to make significant contributions to assist financially or otherwise disempowered persons to access justice and quality legal services; to the development of the Constitution and Constitutional jurisprudence; to the clarification or resolution of legal matters of public interest and to the creation of a positive public image of the attorneys' profession, directly or by co-operating with or assisting appropriate organisations or individuals. Bowman Gilfillan will provide its practitioners with the opportunities and facilities to enable them to fulfil their individual ethical and community service obligations.

Claire Tucker
Partner and Pro Bono Committee Member Bowman Gilfillan

At Bowman Gilfillan, we don’t think it is enough to have a single department or lawyer that “does” pro bono or free work on behalf of the firm. Rather we believe that it is both a desire and an obligation of all our lawyers – from partners to candidate attorneys - to give something back to the community and to assist all South Africans in accessing justice.

It may surprise some to know that the majority of lawyers starting out in law school believe that justice, human rights and the public interest will be a feature of their future careers. We at Bowman Gilfillan recognise this and understand that while our lawyers may spend most of their time representing JSE top 100 companies, multinationals and public sector entities, they also have skill which can assist the poor and skills that can advance human rights in our country.

That is why at Bowman Gilfillan we set a pro bono policy in 2003 in which we commit all our lawyers to:

"make significant contributions to assist poor or otherwise disempowered persons to access justice and quality legal services; to the development of the constitution and constitutional jurisprudence; to the clarification or resolution of legal matters of public interest and to the creation of a positive public image of the attorneys’ profession, directly or by co-operating with or assisting appropriate organisations or individuals."

This policy commits the firm to an average of 50 hours of pro bono work per practitioner per year. We have not been able to achieve this target yet. It is significantly higher than the target set by the various law societies in South Africa which is generally in the region of 24 hours per practitioner per year.

As part of our policy Bowman Gilfillan commits to provide its lawyers with the opportunities and facilities to enable them to fulfil their individual ethical and community service obligations. To do this we have a committee which sources pro bono work and have worked to assist in the formation of ProBono.org the first real pro bono clearing house in South Africa which is modelled on similar clearing houses run by the New York Bar association and other overseas pro bono organisations.

probono.org

Bowman Gilfillan is a founding member of ProBono.org and Claire Tucker one of our partners is a Director and the Chair of the Board of Directors of ProBono.org.

ProBono.Org, is a “clearing house” for which aims to increase access to justice by making legal expertise available for deserving cases. Members of ProBono.org are mostly attorney’s firms in the Johannesburg area. ProBono.org aims to provide a service for legal practitioners who want to meet their pro bono commitment in a focused and streamlined manner.

The organisation screens and matches cases to legal professionals, and runs HIV Aids and Refugee legal clinics and runs outreach programmes with the assistance of a number of law firms. It also runs practical seminars and training courses for attorneys and advocates.

Bowman Gilfillan sees ProBono.org as a key way for it to expose its lawyers to a wide range of interesting Pro Bono work and as an important way for it to access the breadth and depth of Pro Bono work it needs to meet its pro bono target of 50 hour pro bono work per partner per year.

ProBono.org is a section 21 company that was founded following a generous grant by Atlantic Philanthropies, a US philanthropic organisation. It aims to be self funding through service fee payments by law firms and through grant funding within three to five years.

pro bono clinics

Clinics are an important way for us to expose the maximum number of lawyers to pro bono work and to ensure that all lawyers can access interesting pro bono work that "appeals" to their area of interest in justice and human rights. At the clinic clients are seen and advised of their rights. Where possible, steps are taken to resolve problems immediately. With more complex matters, files are opened for the client at the firm and the client is assisted on a pro bono basis. We are always looking for opportunities to expand the clinics we participate in and welcome approaches in this regard.

probono.org HIV/AIDS legal clinic

This Clinic runs from ProBono.org every Tuesday and Bowman Gilfillan lawyers - from partners to candidate attorneys – staff this clinic every second Tuesday.

The motivation for the clinic, which was established with the Aids Law Project is the people who are HIV+ often have to cope with more than illness. Sometimes health rights are violated and access to treatment is denied or severely limited. A person’s HIV+ status often leads to discrimination at work. Discrimination is also suffered when it comes to housing and insurance. HIV+ people, who are most vulnerable to inequity, are also the ones who have the least access to legal services.

Additionally, the cost of legal services is generally not within their reach. To address these issues, ProBono.Org provides a weekly legal clinic where HIV+ people can access free legal advice and services.

probono.org refugee legal clinic

Once again lawyers from of Bowman Gilfillan are enthusiastic volunteers in this weekly clinic run from ProBono.org’s offices.

The motivation for the clinic is that there was very limited legal assistance available for refugees and asylum seekers to enable them to fully enjoy the rights to which they are entitled in terms of the Constitution and various international human rights instruments. The clinic is staffed by attorneys who volunteer their time. The attorneys consult with refugees and asylum seekers during the clinic hours and advise them of their rights. Where possible, steps are taken to resolve problems immediately. With more complex matters, files are opened for the client at the firm and the refugee or asylum seeker is thereafter be assisted on a pro bono basis.

BOC clinic

The BOC Commercial Law Clinic has been operating since May 2004. The Clinic was established by Bowman Gilfillan and the Business Opportunity Centre, an NGO which assists entrepreneurs, to provide pro bono commercial advice to small and start-up businesses.

There are approximately 35 lawyers from Bowman Gilfillan who attend the Clinic on a roster basis at the BOC Offices in Braamfontein on a Friday morning. At least one partner or senior associate attends each week with a team of two or three additional lawyers. The CEO of the BOC makes appointments for two or three BOC clients each week and, in many instances, the advice required is given in the consultation on a Friday.
A lot of our work at the BOC involves assisting with Black Economic Empowerment initiatives. From the time spent at the BOC, it is evident that there are many emerging black-owned enterprises that would like to take advantage of the current economic climate and opportunities offered to them, but are unable to afford the necessary legal advice. As such, the BOC Clinic is proving to be a useful and innovative way for Bowman Gilfillan to assist with Black Economic Empowerment.

bowman gilfillan has done pro bono work for:

owl house foundation (OHF)

The Owl House Foundation is a non-profit organisation which administers the famous Owl House created by reclusive artist Helen Martins in the hamlet of Nieu-Bethesda in the Karoo. The Owl House is a world-famous institution which features in virtually every tourist guidebook on South Africa, and which, with Helen Martins herself, was the subject of Athol Fugard's play and movie, The Road to Mecca.

Amendments to the OHF Articles of Association were ratified at their AGM in 2004. The revised document has been tailored to the specific circumstances of the Foundation. The legal process was advised and conducted by Lorraine Fisher of Bowman Gilfillan, through an introduction by PPC Cement. In recognition of OHF's non-profit status, Bowman Gilfillan has rendered its services on a pro bono basis.

Bowman Gilfillan's Intellectual Property Law Department has also assisted the OHF in reviewing matters of trademark and copyright protection. Instances of images and the name of the Owl House being used for commercial purposes have steadily increased. The situation is fairly complex, and while the OHF has a positive attitude toward publicity, there is a growing concern over exploitation, the loss of potential income, and even mis-representation. Bowman Gilfillan specialist on copyright matters, Paola Cirone, viewed the case as 'a very exciting project'.

As an extension of this process, Paola Cirone assisted in designing contracts for accessioning articles, and permits for the use of OHF property - both physical and intellectual. These contracts will expand the potential of the museum and the archive as a public resource, while protecting the right of ownership.

ikageng itireng aids ministry

Ikageng Itireleng AIDS Ministry is an organisation that assists children (most of whom have been orphaned because their parents died of HIV/AIDS) in the running of their households. They currently assist over 200 children in Soweto to gain access to education and basic necessities such as electricity, food and clothing. They also teach life skills to the children relating to the management of money and their household, as well as the prevention of HIV/AIDS. It is remarkable what they do - with very limited resources.

Ikageng children enjoying a day at the Monte Casino Bird Park

Bowman Gilfillan is advising Ikageng Itireleng AIDS Ministry on a pro bono basis, on the formation of a Section 21 company, and application for registration as a public benefit organisation (PBO) with tax-exempt status. Bowman Gilfillan also provides advice to this organisation on co-operation agreements it intends entering into with other charitable organisations.

cida city campus

A photograph of Taddy Blecher, CEO of CIDA at the CIDA
Empowerment Fund launch

CIDA City Campus has launched an empowerment fund with CIDA students as the beneficiaries. CIDA's vision is to become the broad-based BEE (Black Economic Empowerment) partner of choice in South Africa with a particular focus on medium-sized companies. Ultimately CIDA would like to become less dependent on donor funding.

Bowman Gilfillan as part of its pro bono initiatives, in addition to having its attorneys lecture at CIDA and to providing various legal services to CIDA and its affiliates, has been advising CIDA on the establishment of the CIDA Empowerment Fund and will be advising it on its investments.

cell-life

Cell-Life has designed an affordable medical information management system which combines the use of cellular technology and the Internet to monitor the adherence of HIV-positive patients to antiretroviral medication. A high adherence rate is a vital factor in ensuring the effectiveness of antiretroviral medication.

Bowman Gilfillan has provided legal services to Cell-Life on a pro bono basis regarding their registration as a Section 21 company (association not for gain), the drafting of a non-disclosure agreement and the drafting of an e-mail disclaimer. Bowman Gilfillan have also attended to the registration of a trade mark in respect of Cell-Life’s intellectual property and continues to provide legal services to Cell-Life in various other matters on a pro bono basis.

For more information please visit the Cell-Life website

business oppotunity centre (BOC)

Bowman Gilfillan and the Business Opportunity Centre have instituted an exciting initiative aimed at empowering small and start-up enterprises. From the middle of May 2004, in association with the BOC, Bowman Gilfillan has been operating a weekly pro bono Commercial Clinic from the BOC Offices.

The mission of the BOC is to act as “the catalyst in infusing big businesses to link with small businesses and to nurture disadvantaged entrepreneurs to grow and to provide a one-stop support service culminating in a sustainable relationship”. Bowman Gilfillan hopes to assist the BOC in meeting this objective and to help dynamic entrepreneurs hoping to enter and contribute to the economy of our country through the free legal services it provides to clients and associates of the BOC at the Commercial Clinic.

The services it provides at the Commercial Clinic include:

• Advising whether to operate as a partnership, close corporation, company or other entity;
• Incorporating corporations;
• Advising on the duties and rights of directors, members and shareholders;
• Advising on corporate governance;
• Drafting or advising on sub-contracting arrangements;
• Drafting or advising on employment contracts;
• Advising on money laundering regulations;
• Advising on tax issues;
• Advising on employment equity;
• Defence litigation;
• Public-private partnerships;
• Drafting or advising on franchise agreements, supply agreements, distribution agreements, service level agreements and the like;
• Drafting or advising on property transfers and leases; and
• Advising on trade marks, copyright and designs protection; and internet domain name registrations.

Bowman Gilfillan does not want to undercut or unfairly divert commercial work away from smaller players in the legal profession, many of whom may themselves be start-up legal enterprises. Because of this, its provision of pro bono legal services is restricted to assisting entrepreneurs to enter the economy and to find their feet, whereafter they will compete in the economy on the same basis as their competitors.

If you are interested in developing a similar Commercial Clinic with Bowman Gilfillan please contact Claire Tucker, a partner at Bowman Gilfillan, on +27 11 669-9402.

Details of the Commercial Clinic are as follows:

Time: Friday’s between 9am and 11am. The First Clinic was on Friday 21 May 2004.

Venue: BOC Offices, Ground Floor, 22 Solomon Street, Braamfontein/Mayfair (cnr Smit and Solomon, opposite the Braamfontein Railway Station.)

At least two lawyers from Bowman Gilfillan are in attendance at each Clinic.

Please contact Norman Makgato from the BOC to make an appointment, Tel: +27 11 839-2750 or contact Claire Tucker +27 11 669-9402 to find out more about Bowman Gilfillan’s involvement in this project.

poison working group (a working group of the endangered wildlife trust)

The Poison Working Group ("PWG") is a Working Group of the Endangered Wildlife Trust. Bowman Gilfillan provides pro bono legal assistance to the PWG, and Kerry Liebenberg sits on the PWG's committee, assisting the management of the group in resolving various legal queries related to the PWG's activities. The PWG addresses the poisoning of wildlife through data collection, dissemination, analysis and investigation on a scientific and interactive basis, and takes appropriate pro-active education and conservation action for the protection of both wildlife and humans. PWG’s goal is to protect all elements of biodiversity in southern Africa against poisoning through irresponsible practices involving agrochemicals and environmentally incompatible products. This is achieved by the implementation of four programmes involving agriculture, public health and safety, wildlife toxicology with support and investigation, and national and international environmental issues.

The PWG works closely with the National Departments of Agriculture, Health, Environmental Affairs and Tourism, and Safety and Security while collaborating formally with the Association of Veterinary and Crop Associations of South Africa (AVCASA), Cape Wools and other industries that have a stake in agrochemicals.

For more information regarding the relationship with the PWG, please contact Claire Tucker.

success stories

teams from Richards, Layton & Finger and Bowman Gilfillan Help mothers2mothers
Support Mothers and Children with HIV in Africa

Below is one of the recent projects of the Lex Mundi Pro Bono Foundation that highlight the pro bono work being done by Lex Mundi member firms and the impact Lex Mundi member firm lawyers are having on the lives of the world’s poor and disenfranchised.

Each month, more babies are born with HIV in one clinic in Africa than in one year in the United States, Canada and England combined. This is because treatment to prevent the infection of newborns in the developed world has become as simple as a single dose of medicine for the mother and her newborn.  While these same clinical solutions are now available in Africa, their impact and effectiveness for HIV-positive mothers is less successful without complementary social, emotional and psychological support.

The organisation mothers2mothers (m2m) helps save these children and their mothers by offering essential support.  m2m offers an effective, sustainable model of care that provides education and support for pregnant women and new mothers living with HIV/AIDS. This model includes working to prevent babies in Africa from contracting HIV through mother to child transmission, keeping mothers and babies living with HIV/AIDS alive and healthy by increasing their ability to access health-sustaining medical care, and empowering mothers to battle the stigma associated with HIV/AIDS in their families and their communities.  m2m operates over 450 sites in South Africa, Kenya, Lesotho, Malawi, Rwanda, Swaziland and Zambia. (For more information about m2m, visit www.m2m.org.)

m2m was introduced to the Lex Mundi Pro Bono Foundation by one of the Foundation’s collaborators, the Skoll Foundation.  m2m was one of eleven 2008 recipients of the Skoll Foundation Award for Social Entrepreneurship. This award recognises innovative and sustainable approaches to resolving urgent social issues, and it is one of the most prestigious honours that can be bestowed on a Non-Governmental organisation (NGO).  Previous honourees include some of the world’s most highly regarded charitable organisations.

To date, Richards, Layton & Finger, P.A., Lex Mundi’s member firm for Delaware, and Bowman Gilfillan, Lex Mundi’s member firm for South Africa, have provided invaluable pro bono legal support that is helping m2m achieve its great success.

David Torres, Director of Special Projects for m2m, states, "We have developed a fantastic working relationship with the team from Richards, Layton & Finger. They have been very involved in helping us with every aspect of the incorporation of our new 501(c)3 non-profit organisation, mothers2mothers International. Overall, we cannot say enough about how valuable this help has been to our organisation."

Catherine Dearlove, a director at Richards, Layton & Finger, who has overseen the firm's work with m2m, said, "We are pleased to have had the opportunity to assist m2m on its restructuring project and look forward to supporting m2m in the future.  Much as our corporate clients often need to revisit their governance structures as they grow, m2m found that its model for serving HIV-positive mothers and their children in the developing world had been so successful that it had outgrown the governance structures that were in place.  Our team worked with m2m's international management staff to identify the needs and goals for the organisation as it moved forward and to develop a new governance structure that will allow this organisation to continue to grow and expand its services.  We were also lucky enough to have David Torres visit our firm's offices in Delaware to speak to our lawyers about the problem of mother to child transmission of HIV in Africa and m2m's programs, which brought into sharp focus the importance of m2m's work and made us all feel that, by assisting m2m, we were in some small way helping to make a difference in the world."

Richards, Layton & Finger's work for m2m has included:

• Developing a strategic restructuring plan, which included the establishment of mothers2mothers International ("m2mI") as the global parent for all of m2m's operations, and guiding m2mI through the process of obtaining tax-exempt status;
• Ms. Dearlove and her colleague, Associate John Mark Zeberkiewicz, facilitating the first meeting of the new Board of Directors of m2mI in New York and advising the Board concerning various corporate governance and procedural issues; and
• Drafting funding and licensing agreements and documented policies and procedures to govern the relationship between m2mI and m2m's operational sites and organisations in Africa.

Ms. Dearlove added, "We are grateful to the Lex Mundi Pro Bono Foundation for bringing Richards, Layton & Finger together with m2m and giving us the opportunity to use our experience in corporate restructurings to assist this wonderful organisation."

m2m has also praised the valuable assistance being provided by Paula Youens, Aneria Bouwer, Ineke Bosman, Emma Whitelaw and Candice Ndzeku with Bowman Gilfillan.  Bowman Gilfillan has worked with m2m on a number of matters in South Africa, including:

• Considering and commenting on a lease agreement for m2m’s new premises;
• Providing m2m with comments and drafting recommendations for their various employment contracts in South Africa; and
• Requesting authorization from the Exchange Control Department of the South African Reserve Bank for the intellectual property licensing agreement between m2m South Africa and m2m International. This effort is being coordinated with Richards, Layton & Finger in the US.

The great pro bono work of Lex Mundi member firm lawyers at Richards, Layton & Finger and Bowman Gilfillan is helping ensure that m2m achieves its critical mission.

Alston & Bird and Bowman Gilfillan assist SELF to bring solar technology to three rural
schools in South Africa

Solar Electric Light Fund (“SELF”) was introduced to the Lex Mundi Pro Bono Foundation by one of its partner organisations, the Skoll Foundation. SELF seeks to assist developing communities and governments around the world in the acquisition, financing, and installation of decentralised solar-electric systems that convert sunlight directly into electricity. Using the latest solar-electric technology, SELF helps rural families achieve energy self-sufficiency and make the leap from the 19th to the 21st Century.

Eric Weingarten of Alston & Bird LLP, Lex Mundi’s member firm for Georgia, was instrumental in helping SELF draft and negotiate a contract with a South African company to supply and install off-grid solar systems to three public secondary schools in the rural Amathole region of Eastern Cape Province in South Africa. The new power systems will provide electricity for basic applications such as lighting and audio-visual equipment to increase general educational opportunities at the schools. The solar system will also provide electricity for the schools' computer labs and wireless internet connectivity for computer and web-based learning curriculums to help narrow the digital divide and open up the world to students living in this remote, disadvantaged area.

Claire van Zuylen (Corporate) and Claire Tucker (Regulatory) of Bowman Gilfillan, Lex Mundi’s member firm for South Africa, also provided valuable local counsel by reviewing the contract for a variety of legal issues under South African law.

Eskom wills week

The administration of a deceased estate is a complex matter, rendered all the more complex by general lack of knowledge of the options available and the consequences of not properly providing for the division and administration of one’s estate upon death.

It was with this in mind that Eskom held a ‘Wills Week’ on 4 September 2008, inviting various attorneys to their Megawatt Park offices to meet with members of the Eskom staff in an effort to encourage them to take charge of their estates and begin the process of drafting a will.

Bowman Gilfillan participated in the drive by giving advice on the need for a will and the particular requirements of each client, and finally by drafting wills for 16 Eskom staff members. It was evident that most of the clients were unaware of what is required in the drafting of a will and the options available to the testator. Some common concerns were the effect of marital regime on the estate, provision for minor children, particularly when it comes to ongoing education needs, and the possibility of family homes being sold to cover debts of the estate. These issues were explained to the clients and a will was drafted for each client in accordance with his or her requirements.

The service was much appreciated by the clients and was clearly extremely beneficial. Not only did they come out of the process with a will, but they learnt about the importance of updating their will regularly and were able to begin the process of taking charge of their estates.

16 Days of Activism for no violence against women or children

In support of the 16 Days of Activism for No Violence against Women and Children ("the 16 Days of Activis"), 25 professionals from the Johannesburg and Cape Town offices of Bowman Gilfillan attended at the Randburg Magistrate's Court in Johannesburg and the Cape Town Family Court/Southern Divorce Court in Cape Town from 25 November to 10 December 2008.

During the 16 Days of Activism, we assisted applicants to complete and file applications related to domestic violence and maintenance. In the normal course, the clerks at the courts do not have capacity to assist everyone; as a result, some applicants complete the forms incorrectly because they do not understand what is required of them, and have to restart the process, thereby delaying the resolution of their cases by the courts. Specifically, we assisted:

• A 60-year-old woman to file for a protection order, she had been physically abused by her husband for 30 years;
• An unemployed mother of six to apply for maintenance and divorce, she lived in a Wendy House and had an abusive drug addicted husband;
• A 25-year-old woman to file an application for a protection order, she had been physically abused and had received several death threats from her husband and father in law; and
• An unemployed 39-year-old man to file for a reduction in his maintenance payments, he had been unable to file an application for a month because he had been sent back and forth between two different courts and no-one had explained the position on the jurisdiction of the Magistrate's Courts to him.

We also helped several people to assess their situations and establish whether they could commence any legal action in the Magistrate's Courts.

Bowman Gilfillan’s efforts were part of a wider international campaign aimed at the elimination of gender-based violence; as well as a national campaign which is similarly aimed at bringing an end to violence against women and children by creating increased awareness of the negative impact of such violence. We found the campaign to be worthwhile especially for community members who found themselves in dire circumstances and required assistance with understanding the processes and requirements for filing applications related to maintenance and domestic violence, and could not afford legal advice in the normal course. There were several calls from the people we assisted for professionals to provide similar assistance throughout the year.

The response to Bowman Gilfillan’s efforts during the 16 Days of Activism highlights the importance of creating awareness and fostering efforts to eliminate violence against women and children especially in a society such as ours where such violence is prevalent.

prisoner 56279

Prisoner 56279 was awaiting trial in the Johannesburg Prison on charges of housebreaking and rape. He had full-blown Aids, and among many other medical complications, was paralysed. His family was concerned about his deteriorating condition and wanted to bring an urgent bail application so that they could take care of him.

His sister consulted with Bowman Gilfillan during one of the weekly HIV Legal Clinics facilitated by ProBono.Org. Prisoner 56279 mistakenly arrived at court a few days later and his family contacted the professionals at Bowman Gilfillan, who took instructions from the gravely ill man, secured information from his doctors, and had discussions with the prosecutor and the investigating officer.

Prisoner 56279's condition deteriorated further and he was passing in and out of consciousness. Fearing that he might die without urgent attention, the Bowman team finally managed to obtain permission to move him to hospital where he was finally taken at about 18h00 that evening.

The lawyers returned to court, armed with medical reports from two hospitals, which showed that his condition was critical and that, once stabilised, he should be released into the care of his family. After a number of procedural hurdles were passed, the charges against Prisoner 56279 were dropped. However before he could leave the hospital and go home with his family, he died.

Had he stood trial and been convicted, he probably would have been granted medical parole. The attorneys went out of their way to ensure dignity to a dying man.

Sandton SPCA

On Monday 10 March 2008, Ceri von Ludwig, a director at Bowman Gilfillan, was advised that attempts by the Sandton SPCA to confiscate seven grey hounds which were kept confined in a tiny cage in the Hillbrow parking lot of a block of flats had been unsuccessful and that legal intervention was required. The dogs were hungry, thirsty, parasite infested and living in their own faeces.

By the next morning Ceri, accompanied by Inspector Stephen Maila of the Sandton SPCA, was at the Johannesburg Magistrate’s Court armed with a comprehensive Application for Seizure of the dogs in terms of the Animals Protection Act 71 of 1962.

The Chief Magistrate granted the Order and, with the competent assistance of the Hillbrow SAPS, the Sandton SPCA was able to seize and remove the greyhounds the very next morning.

Sadly four of them were too severely neglected to survive, but they did enjoy space to move around in, good food and plenty of love before their suffering was ended. The remaining three have been adopted into a perfect home on an equestrian estate where they enjoy the food, shelter, space and love which all dogs should be fortunate enough to call their right.

landlord changed locks while renter was in hospital

Mr Louw, a carpenter by profession, was admitted to hospital for heart surgery. While he was in hospital his wife left the cottage they shared together and went to stay with her parents. When he and his wife returned to their rented cottage a few months later, they found their landlord had changed the locks on the doors of the cottage and was refusing to allow him to collect his furniture and the tools of his trade, so he was unable to start working again. This was despite the fact that Mr Louw had paid the rent and acted lawfully. Bowman Gilfillan intervened and the landlord permitted Mr Louw to collect his belongings.

matters in progress

animal rights Africa

During February 2008, the practice of elephant culling was in the public spotlight.  Animal Rights Africa, a non-profit organisation, urgently sought the assistance of attorneys and advocates to challenge the state’s policy on elephant management in South Africa, particularly in relation to the inclusion of culling.

Within a few days, Bowman Gilfillan and Bell Dewar Hall offered their pro bono services.  Shortly thereafter Adv Thompson from the Johannesburg Bar also joined the team.  This matter illustrates that it is possible for different corporate law firms to work together in a collaborative manner on issues in the public interest and which are of a developmental nature.

HIV-positive prisoner awaiting trial denied access to his ARV medication

Mr Ndlovu was arrested and because he could not afford bail, remained in prison for approximately a month.  He is HIV positive and a few days after being in prison, a friend brought him his antiretroviral (ARV) medication and handed it to a nurse.

The nurse did not give the medication to Mr Ndlovu.  The client approached ProBono.Org for assistance to pursue a damages claim against the Minister of Correctional Services for not giving him proper medical treatment during his period of incarceration and for denying him access to his ARV medication. 

Bowman Gilfillan is assisting in this matter.  On 16 April 2008, a notice was sent to the Commissioner: Correctional Services and the Regional Commissioner: Correctional Services to inform the Department of Correctional Services that the firm intends to institute action against them and to advise the cause of action and relief claimed. 

If the department fails, an application will be made to court for delictual damages in the amount of R1 million and/or interdictory relief, which may include a structural interdict or supervisory order.

other pro bono work done by Bowman Gilfillan

education and skills development

• CIDA Legal Services
• CIDA Non-legal Services
• Pridwin Foundation Association
• Fire Children (Special Needs Education)

job creation / small business development / empowerment / business initiatives

• SA Institute of Engineering
• Gauteng TAR t/a SABCOS TAC
• Business Opportunity Centre

healthcare and community rural development

• Upper Room Ministries
• Chabad of Sandton
• Habitat for Humanity
• Community Aids Response
• AIDS Orphan Intervention Programme
• Shawco
• Rahabs

environmental conservation

• Raptor Rehab
• Rock Art Institute

arts, cultire and sport

• SA Ballet Theatre
• Schadeberg
• South African Rock Art Digital Archive
• OWL house foundation

childrens's programmes

• Making It Happen Children's Project
• Fire Children (Advice on Emancipation)
• Cotlands

access to justice

• Terrapid
• Legal Aid Board Witbank