Mandela Day: legal practitioners serve through community service

18 July 2022 ,  Herman du Randt 851
On the 18th of July 2022, our nation reflects on the generous spirit of our nation’s former leader, Nelson Mandela. We as legal practitioners are reminding ourselves too, how we can contribute and serve fellow South Africans to honour and remember his sacrifice. For as Madiba once said: “There can be no greater gift than that of giving one's time and energy to help others without expecting anything in return.”

Community service and how we can best use what we ourselves have to better all of our lives in South Africa, is a hot topic of discussion these days. As a nation and in fact the world as a whole, we face challenges on so many levels of society. As a result, consideration of the personal, practical contribution each of us can make to diminish these dificulties, have really come to the fore. 

The timing could therefore not have been better for the South African legal profession to, in line with the provisions of the Legal Practice Act 28 of 2014, recently get opportunity to comment on the published proposed guidelines for community service for the legal profession. Section 29 of the Legal Practice Act has already made community service compulsory for all practicing legal practitioners and candidate legal practitioners, in line with requirements prescribed by the Minister of Justice and Constitutional Development. The exact scope, practical application and requirements of this community service, however still has to be formally determined.

Succinctly summarised, the proposed regulations require that all candidate legal practitioners render at least eight hours of community service per year and that practicing legal practitioners render at least 40 hours of community service per year. 

The community service that may be rendered include but are not limited to: 
- service in the state;
- service at the South African Human Rights Commission;
- the provision of legal education and training at certain institutions; and
- the provision of pro bono legal services.

The variety of services proposed in the regulations - which are yet to be promulaged to take effect - clearly shows how many opportunities there are to serve the community. I am proud that the  country's legal profession has in fact taken active measures to formalise the rendering of community serve within the profession.

While we wait to see the final, specific guidelines and framework for the South African legal profession in terms of its community service, we and our fellow South Africans should all ask ourselves, how can I make a difference? The answer may be simpler than we expect and just giving your time and energy, is infinitely more valuable than we realise.


Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s). 
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