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SPEECHES


LEGAL PLACEMENT PROGRAM LAUNCHING CEREMONY
BLACK LAWYERS ASSOCIATION and CONSORTIUM
WITH MINISTRY OF JUSTICE

STACY RHODES' TALKING POINTS/USAID
MARCH 1, 1999; 13h00

The Honourable Minister of Justice;
Honourable Deputy Minister;
Mr. President of the Black Lawyers Association, Jake Moloi;
Members of the Consortium:

Distinguished members of the legal profession;
Esteemed law graduates;
Ladies and Gentlemen:

USAID takes great pleasure today in seeing the results of our first Bilateral agreement with the Ministry of Justice, which was signed over four years ago, in support of the Ministry's goal of "Justice for All" by the year 2000. This South African vision is being-and will continue to be--strongly supported by USAID. We are committed to help the government and key NGOs like the BLA and the consortium promote basic human and legal rights; expand access to justice; strengthen the capacity of the government to combat crime; and to carry out other measures that are crucial to achieve the transformation of the justice sector so actively being sought by South Africans.

A KEY element of this effort is to provide relevant and high quality practical training and apprenticeships for South African lawyers who were historically denied such opportunities in the legal profession. This project-with the BLA and the consortium--will place such individuals in appropriate firms, where they can gain the practical experience needed to become effective advocates and lawyers.

This activity, with the BLA and the consortium, has deep significance for me, since I am also a lawyer by profession. From my experience in a legal career some years ago in the USA, I can personally appreciate the importance of providing legal counsel and services to those who need such assistance, but can't afford it or may not even know about it.

In the 1970s, I worked at a Legal Assistance "clinic" in a very poor rural town of northern California, and I also worked in the Public Defenders' Office in my home state of Arizona.

I have also had the privilege with USAID of working in several other countries--including Haiti, Nepal and Guatemala--to develop legal assistance programs that provide support to legal organisations and law societies, and also direct services to impoverished people. I have seen the difference this kind of support can make in people's lives.

While I have only been in this country for about six months, perhaps my most memorable experience in South Africa to date occurred during my first week here in August 1998. Minister of Justice Omar, joined by Minister of Public Works Radebe and Premier Stofile, and I met in the Eastern Cape town of Tsolo. We came together to inaugurate the first of 19 rural courthouses, refurbished under USAID's agreement with the Ministry of Justice throughout the region to better serve the people in the Transkei area.

The derelict state of much of the judicial system's infrastructure, especially in rural areas, had cried out for attention under a new government concerned about developing an equitable and accessible justice system. We were pleased to support your government's efforts to provide decent facilities in which the justice system can carry out its work.

I recall that it was an amazing day. More than a thousand people from Transkei communities came together and celebrated this concrete example that democracy was reaching virtually all corners of South Africa, including theirs. They are durable activities, or what many people refer to as "sustainable". They are based on the South African government's initiative to serve her citizens' needs and assure their constitutional rights.

I have to admit frankly that, as a lawyer, I have been horrified to learn what toll apartheid practices have taken in South Africa, on the justice system and the legal profession.

Thus, I am encouraged to learn about the efforts of courageous South Africans who, despite all the odds against them during the decades of apartheid, persevered in their pursuit and practice of law.

President Mandela and Minister Omar come to mind immediately. The Minister's recent article in the Johannesburg STAR was a fascinating summary of just a few of the obstacles he and his colleagues faced.

Since the 1994 elections, great strides have been made in South Africa to transform the legal and judicial fields. The article in yesterday's SUNDAY INDEPENDENT (again, quoting Minister Omar at length) gave a very good picture of the transformation process in the justice system. Today marks yet another such occasion to move that transformation forward. The BLA and the consortium have already played a highly valuable role in legal and judicial reform, specifically through providing opportune ties for "articles of clerkship" and practical training for future advocates and prosecutors.

So I am very happy to see the implementation of our Grant Agreement with BLA and the consortium to facilitate practical legal training for more than 240 disadvantaged law graduates, which will help place them in law firms, so they can complete their statutory requirements to practice law.

This effort is vital for the firm establishment of the Rule of Law in South Africa, an issue of common importance to both our countries. The significance of this topic to both countries was reflected at the recent Binational Commission, co-chaired by South African Deputy President, Thabo Mbeki, and US Vice-President Al Gore, in Cape Town. Minister Omar and US Attorney General, Janet Reno, co-chaired a highly constructive session that has resulted in the establishment of a key new justice and anti-crime cooperation committee. Through this committee, the US government will help provide training services and technical support to various South African agencies, including the new office of the national director of prosecutions, in order to strengthen abilities within South Africa to tackle crime and move cases swiftly and fairly through the justice system.

CLOSING

One hears or reads much in the newspapers about people from the "old regime" who are leaving South Africa. And it seems from the newspapers that some members of the legal profession are high on the list of so-called "brain drain" emigrants. Well, I am pleased today to see a project directed at a BRAIN GAIN for South Africa. A new generation of South African legal practitioners is being born, and growing up; a new cohort of lawyers, committed to serving their fellow citizens regardless of race, gender or religion--is being trained to help usher in the ultimate democratic goal of justice for all. We at USAID are pleased to be a partner with you in this historic effort.

We want to congratulate the BLA, the consortium and especially the law graduates who will benefit from this program. We wish you well in your important work and, as the Minister said, you will make a great contribution to the democratic future of your country.

Thank you.

United States Agency for International Development (USAID) South Africa
P.O. Box 55380
Arcadia
0007 Pretoria
Tel: (012) 323-8869
Internet Website: http://web.sn.apc.org/usaidsa

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