The Legal Practice Bill tabled in the South African Parliament two weeks ago provides for compulsory provision of pro bono services by law graduates to communities as part of vocational training. Other provisions in the bill include a requirement that practicing lawyers carry out minimum pro bono services.
Although some provisions of the bill have been contested by private law companies, the provisions about compulsory community service for law graduates have been welcomed by both students and practitioners. However, many parties are sceptical about how such requirements will be implemented. Many universities such as the University of Cape Town and Nelson Mandela Metropolitan University already require their law students to undertake legal-practice modules and promote community service. It is unclear whether the new provisions will be in addition to these pre-existing requirements.
A greater concern is the resources which will be made available to implement the new requirements. Michael Kidd, the chairperson of the Association of University Legal Aid institutions spoke in favour of compulsory community service for graduates, but stated that, “its effectiveness will depend very much on how it is implemented, once again resources being a critical concern”. A significant factor will be whether there will be stipends provided to enable law graduates to carry out the community service. An LLB student at the University of Pretoria stated that graduates would need such stipends to survive. An attorney practicing at a Gauteng law clinic stated that, “it would be unfair to expect graduates to work for free in these difficult economic times”.
Click here to read an article in the Mail & Guardian about the development.