Rhodes University Law Clinic (RULC) faced severe criticism this week for representing and allegedly funding litigation for 17 Mandela family applicants in their case against the former President’s grandson, Mandla Mandela, since some of them are not indigent.
Rhodes University Law Clinic (RULC) faced severe criticism this week for representing and allegedly funding litigation for 17 Mandela family applicants in their case against the former President’s grandson, Mandla Mandela, since some of them are not indigent.
The Clinic normally only assists economically disadvantaged people. The applicants demanded the return of the remains of three of Nelson Mandela’s grandchildren from Mvezo Great Place to Qunu.
The university defended the clinic’s decision in a statement, saying: “At the time of the instruction it was established that a number of the applicants were indigent. Indigence is assessed on an individual basis, and is determined on the basis of a Means Test as applied by Legal Aid South Africa.”
RULC director Prof Jobst Bodenstein said the clinic found the interests of justice were best served by representing all the parties in one application.
When asked why the other wealthy parties in the dispute couldn’t hire private representation and join the non-indigent applicants in the proceedings, Bodenstein said, “The fact of the matter is that the Law Clinic was approached by indigent applicants, I can’t talk on behalf of the non-indigents.”
In a press statement, Rhodes Director of Special Projects Sue Smailes added, “Once the Law Clinic had made the decision to represent the applicants it had a duty to do all that was needed to advance those individuals’ interests and secure their rights.”
Bodenstein said a further reason for taking the case was “the legal and human rights issues involved, which included the conflict between the decision making of tribal authorities as against the right to equality and the rights of women”.
The university said clients are not charged a fee and costs are only recovered if RULC is successful in obtaining a cost order.
Rhodes Vice Chancellor Dr Saleem Badat said in a press statement: “The case has not cost the RULC anything except the time of Mr Hayes, who is a salaried employee of Rhodes University.”
