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.

• For the purposes of this policy, pro bono work shall mean any work that falls ordinarily within the domain of an attorney, conveyancer, notary, trademark agent or similar practitioner acting in such capacity, and which is performed free of charge or at a significantly reduced rate in the interests of the public good.
  
  
• For the purposes of this policy, work that is in the interests of the public good shall generally include the provision of legal advice or services intended to benefit any individual, community, group or organisation which is disempowered financially, socially or in some other manner or whose primary objective is to protect, achieve or enhance the rights or aspirations of such individuals, communities, groups or organisations. In respect of individuals, pro bono work should generally involve a clear, broader public interest.

• The firm shall adopt and maintain a pro bono policy independently of any legislated requirement for pro bono work, community service or the like.
• In pursuing our pro bono objectives, we aggregate hours contributed by individual practitioners, and are committed to providing on average 50 hours of free legal services per attorney per year in the public interest.  This equates to approximately 1000 hours of pro bono work per month across our 3 offices.  Our contribution to date and our commitment for the future have earned us the highest Empowerdex rating for corporate social investments, an achievement of which we are immensely proud.
• From June 2003 to date, our practitioners have contributed approximately 36 250 hours of their time to pro bono matters, at an average contribution of approximately 30 hours per practitioner per year.  The value of that time at billable rates is approximately R35 million.
• The firm provides two candidate attorneys per year (each on a six month assignment) to the Public Defender’s Office, which effectively amounts to over 2 200 hours of work per year for needy individuals.
• The firm has in the current financial year (ending 29 February 2008) provided assistance pro bono to 71 individuals, 58 non-profit organisations and 19 commercial organisations in respect of social development projects, outreach programmes or other public interest interventions.

The firm has established a Pro Bono Committee ("the Committee"). The Committee will:

• encourage all practitioners to engage in pro bono work and to achieve the recommended minimum hours;
• facilitate practitioners' access to pro bono projects, clients and matters by informing practitioners of available opportunities and/or by sourcing further appropriate pro bono work in which practitioners can engage;
• assist practitioners engaged with any pro bono project or client to source other practitioners to assist with that project or client, if approached to do so, with reference to the pro bono commitments of practitioners and their areas of expertise and/or interest;
• monitor individual practitioners', and the firm's, pro bono commitments and report to the management of the firm on an annual basis;
• liaise with national, regional and/or local pro bono clearing-houses or similar structures in order to procure appropriate pro bono work for the firm;
• liaise with internal and/or external marketing personnel regarding marketing the firm's pro bono capacity and commitments, where and as appropriate.
• If a practitioner is unsure whether a client, project or matter qualifies as a pro bono client, project or matter, then the practitioner must approach a member of the Committee, or his or her practice area manager, to obtain their view. The factors that should be taken into account should include, but not be limited to, the identity of the client, the financial need of the client, the nature of the client's business (if applicable), the nature of the client's matter, the client's ability to access justice and quality legal services, the degree to which the handling of the matter would serve the public interest and whether the client, matter or project would qualify as pro bono work as defined in any relevant legislation.

Disbursements and other expenses will ordinarily remain for the account of the client, unless prior approval is obtained from the Committee that some or all expenses and disbursements may be written off.

If a practitioner receives a request for assistance and is of the view that the matter is not pro bono work or is not appropriate work for the firm to accept (including work which may be more appropriately done by another firm or institution), then the practitioner shall offer to assist the requester by facilitating a referral to an appropriate institution or firm for assistance.

BOWMAN GILFILLAN HAS DONE PRO WORK FOR:

The Owl House Foundation is a non-profit organization 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 John and Kernick 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.

Contact details for the OHF


Phone +27 49 841 1603
Fax +27 49 841 1733
E-mail owlhouse@intekom.co.za
Website www.owlhouse.co.za

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.

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.

Ikageng children enjoying a day at the Monte Casino Bird Park

Contact details for Ikageng Itireleng AIDS Ministry:

Carol Dyantyi (Project Co-ordinator) - Cell Number: +27 72 521 7230
Guy Harris (Board Member) - Cell Number: +27 82 559 8755
Email: guyh@bell.co.za

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 dependant 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.

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

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 trademark 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

Bowman Gilfillan Attorneys 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;
• advising on trademarks, 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.

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.

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 organizations, the Skoll Foundation. SELF seeks to assist developing communities and governments around the world in the acquisition, financing, and installation of decentralized 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.

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.

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 Attorneys 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.

EDUCATION AND SKILLS DEVELOPMENT

• CIDA LEGAL SERVICES
• CIDA NON-LEGAL SERVICES
• PRIDWIN FOUNDATION ASSOC
• 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 AND RURAL DEVELOPMENT

• UPPER ROOM MINISTERIES
• CHABAD OF SANDTON
• HABITAT FOR HUMANITY
• COMMUNITY AIDS RESPONSE
• AIDS ORPHAN INTERVENTION PROGRAMME
• SHAWCO
• RAHABS

ENVIRONMENTAL CONSERVATION

• RAPTOR REHAB
• ROCK ART INSTITUTE

ARTS, CULTURE AND SPORT

• SA BALLET THEATRE
• SCHADEBERG
• SOUTH AFRICAN ROCK ART DIGITAL ARCHIVE
• OWL HOUSE FOUNDATION

CHILDRENS' PROGRAMMES

• MAKING IT HAPPEN CHILDREN'S PROJECT
• FIRE CHILDREN (ADVICE ON EMANCIPATION)
• COTLANDS

ACCESS TO JUSTICE

• TERRAPID
• LEGAL AID BOARD WITBANK