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Many Roads to Justice: The Law Related Work of Ford ... - UNDP

Many Roads to Justice: The Law Related Work of Ford ... - UNDP

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SO U T H AF R I CA 2 3gressive South Africans, a <strong>Ford</strong>-funded 1973 conference on“Legal Aid in South Africa” became what many considered awatershed event. <strong>The</strong> conference at the law school <strong>of</strong> theUniversity <strong>of</strong> Natal-Durban (hereafter University <strong>of</strong> Natal)included experts on legal services and clinical legal education inthe United States, as well as South Africans like Duncan whowere or would become leading human rights activists. Conferencec o - o rganizer David McQuoid-Mason reports that the event “definitelycontributed <strong>to</strong> the growth <strong>of</strong> law clinics and new ways <strong>of</strong>doing legal aid here.” Two other participants, John Dugard andFelicia Kentridge, went on <strong>to</strong> help found two organizations thatwould figure in the fight for justice. Dugard helped launch theCentre for Applied Legal Studies (CALS) and Kentridge theLegal Resources Centre (LRC). Dugard views the meeting as “thestart <strong>of</strong> the idea <strong>of</strong> public interest law” in his country.One participant’s closing comments, unanimously adopted asa conference policy statement, proved particularly prescient.Sidney Kentridge, a leading commercial and progressive lawyer,noted that “we do have principles <strong>of</strong> common law which we caninvoke” <strong>to</strong> prompt landmark judicial decisions, despite parliamentarylegislation being beyond judicial review. 4 And he proposedthe formation <strong>of</strong> a South African version <strong>of</strong> the U.S.-basedL a w y e r s ’ Committee for Civil Rights Under <strong>Law</strong>—whose executivedirec<strong>to</strong>r had addressed the meeting—<strong>to</strong> carry out reformorientedresearch. Eventually, CALS, LRC, and other granteeswould adopt the approach identified by Sidney Kentridge. T h econference organizers and <strong>Ford</strong> did not foresee this. What theydid see and seize was the chance <strong>to</strong> bring <strong>to</strong>gether many <strong>of</strong> thec o u n t r y ’s best progressive legal minds, and <strong>to</strong> add some foreignintellectual seeds <strong>to</strong> those already germinating domestically.<strong>The</strong> seeds planted at the 1973 conference sprouted slowlyover the next several years. <strong>The</strong>ir growth was spurred by the gover n m e n t ’s violent response <strong>to</strong> uprisings in Sowe<strong>to</strong> and other black<strong>to</strong>wnships in 1976, and by the gathering s<strong>to</strong>rm <strong>of</strong> the antiapartheidliberation struggle. <strong>The</strong>y were partly fertilized by theF o u n d a t i o n ’s decision <strong>to</strong> support South African reform moreactively in the late 1970s, by similar initiatives by the CarnegieCorporation and other donors, and by various visits that exposedSouth Africans <strong>to</strong> U.S. public interest law. “People were very

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