Page 45 - Litigating Land and Housing in South Africa: Lessons and Reflections

the the the maintenance and running costs of of of the the the scheme optimal collection of of of of revenue in in in in the the the the the form of of of of levies was required and the the the administration of of of the the the scheme’s affairs 4 2 3 Working with clients
required the the the participation and knowledge of the the the people residing in in in the the building Twenty-five residents of of the the the Flamingo Court Building were were represented by the the the LRC and and consisted of of mainly elderly persons persons and and and persons persons living lives that were were financially stressed Some clients
clients
had lived in in in in fin in in in in the the the the building for over 20 years and and eviction from Flamingo Court would render them homeless These clients
clients
played an an an an an important role in fin in in in in in in in in providing the the the the the LRC with with with information information as as as well as as as reporting to to the the the the the community To ensure that the the the the the information information was shared with with with all affected clients
clients
selected representatives out of of the the the the the group of of twenty-five clients
clients
to to attend consultations with with with the LRC legal team There were extensive consultations between clients
clients
and the LRC – largely because many clients
clients
in this matter were mistrustful of legal representatives and and it took some time to to develop and and and maintain their confidence in in in the the the the the LRC In matters where there there are several clients
and and other interested parties there there is a a a a a a a tendency for tensions to develop between clients
with different opinions and expectations This must be be carefully accommodated and and managed as as it it can negatively impact on on the the case and and could be damaging for the the very client community one is is seeking to assist Furthermore it it is vital to to carefully explain the the legal processes being followed especially to to clients
who are are 4 4 2 4 4 Implementation of the judgment mistrustful In the the event of of a a a a a breakdown of of communica- tion tion tion clients
are liable to lose confidence Despite the the the extensive consultations and the the the the the explanations regarding the the the the the the appointment of the the the the the the amicus the the the the the the clients
took it upon themselves to to to to address a a a a a a a a letter to to to to the the the the the the the magistrate and express their opposition to to to to the the the the the amicus’s report This indicated that the the the the clients
may not have fully understood explanations offered during the the legal consultations and we learnt that with distrustful clients
it it is is good practice to inform as as as as many as as as as possible directly of the the progress in in in in the the the the matter as as as as as as it unfolds as as as as as as this may aid a a a a a a a a a a a a a better understanding of of the the the the the case and and and increase their trust of of the the the lawyers and and and the the the legal process The The judgment judgment required required the the the the the the the clients
clients
to to have two meetings meetings with the the the the the the the LRC LRC These meetings meetings consisted of of the the the the the the the LRC LRC explaining explaining the the the the the the the the the the judgment judgment and and and thereafter thereafter explaining explaining each item of of of of the the the the the the the the the the order and and and steps required required by the the the the the the the the the the clients
clients
to to comply with the the the the the the the the the the the requirements of of of of convening an an an an an interim interim meeting meeting and and and thereafter thereafter a a a a a a a a a a a a a a a a a a a general meeting meeting of of of of the the the the the the the the the the the body body corporate corporate LRC assisted the the the the the the the interim interim committee to obtain the the the the the the the financial records of of of of the the the the the the the body body corporate corporate The case illustrates the the the the the the the power of knowledge and information The LRC decision to to to to assist the the the owners of of of the the the scheme scheme title schemes transferred agency to to to to them We believe with training of of of duties and responsibilities of of of sectional that this is is is is a a a a a a a a a means to to to to empower our clients
to to to to prevent LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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