Dedicated attorneys with heart
FIVE attorneys were recently presented with Long Service Awards for their free legal work as Small Claims Court commissioners at the Chatsworth Magistrates Court.
The certificates of recognition were presented by John Jeffery, Deputy Minister of Justice and Constitutional Development at a ceremony in uMhlanga.
Attorney Jerald Danasekera Vedan, one of the recipients, who has been a commissioner at the Small Claims Court for 28 years, welcomed the acknowledgement.
“I felt very proud to receive the award, as I am aware of the hard work done in the Small Claims Court in Chatsworth.”
Vedan said the small claims court dealt with cases of R20 000 or less and often involved motor vehicle collisions, neighbourly disputes concerning encroachment of properties, disputes involving goods sold and delivered, and poor workmanship by contractors.
“As commissioners we apply our knowledge of the rules of the law, and try to do simple justice between person and person. The law often creates resolutions of dispute, and this is what motivates us to restore peace and harmony in the community.”
“One of the more memorable cases I did was when a person’s hair was shaved off by an acquaintance, and he claimed pain and suffering, and also loss of his ability to go to parties.
“I did make him a small award in this matter, as you could say that it was a form of infringement of his dignity.
Vedan said the Chatsworth Small Claims Court was manned by many other seasoned practitioners who had been offering unbroken service to the community over decades.
Attorney Shenaaz Begum Habib of Bayview, Chatsworth, was honoured for 22 years of service.
“I felt my hard work paid off after so many years of service rendered to the community. Commissioners dedicate their time, after hours, to sit at the Magistrate’s Court and preside over these cases free of charge.
“Sometimes we commissioners sit during our office hours in the afternoons from 2pm to 5pm when court has completed its normal roll for the day.”
She said small claims court commissioners, also referred to as presiding officers, are appointed by the Minister of Justice. Commissioners are appointed from practising attorneys, advocates and magistrates, and more recently a judge of the High Court.
“I became a commissioner after five years of practising as an attorney.
“I’m motivated to continue dedicating my services to the community through the small claims court, free of charge. The service is provided to the indigent and poor community. It allows the community to receive free legal service, which they would have paid for if the legal process ran through an attorneys firm.
“A lot of people are unaware of the small claims court free service provided at their Magistrate’s Courts. The Small Claims court was established in 1984, and has been in existence for 39 years from inception.”
Attorney Zain Fakroodeen, 61, who lives in the Durban CBD, said he was admitted as a commissioner of the Small Claims Court in May 1995, and served for 28 years.
“My senior colleagues, Ash Haripersad and my late partner, MY Baig, encouraged me to serve and I accepted without hesitation.”
He advised that once people come to court they should: “Understand the procedures and rules of the Small Claims Court, which include deadlines, as failure to follow the correct procedure can result in your case being dismissed. Revert to online material that can be easily accessed via reliable sources.”
Others who received the recognition included Jessica Gounden and Nolan Naicker.