Following a Johannesburg High Court order instructing the Gauteng Department of Social Development (DSD) to pay Epworth Children’s Home, the NPO reportedly received funds a week after it was due.
This is according to Modderfontein resident Justin Ducie, an advocate and senior partner at Farinha Ducie Christofi Attorneys: FCD Law.
Together Ducie, firm partner Chantel Christofi and advocate Gillian Benson of Maisels Chambers 3, overturned the government’s decision to reduce and stop funding to local non-profit organisations.
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Their first day in court was May 28, and they proceeded through Child Protection Week.
They were successful in obtaining a court order for the organisations, which they represented – Epworth Children’s Home and Bethany House Trust.
Epworth Home announced earlier this year it would be closing its doors because of a lack of funding and a reduction in funding from the DSD.
In an interview on June 6, they told Bedfordview and Edenvale News Bethany had only received four of the six required payments.
Benson, a Fourways resident, said the payment was meant to be made on May 31.
Proof of payment was only sent to the legal team on the afternoon of June 7.
“On June 3, the matter was reportedly loaded onto the department’s system, but we received no further information the following day,” said Ducie.
“On Wednesday, we sent a letter, threatening contempt, and in response, received an email with what appeared to be proof of payment.”
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Ducie said the supporting document did not have any banking information or details.
He said the order instructed the DSD to pay the NPOs in terms of the 2023/24 service level agreements for the first two quarters of this financial year (April to September) while a new SLA is negotiated for the remainder of the year.
Ducie said despite this Epworth has since received an interim SLA from the department, which was not negotiated, demanding that the home sign it.
“The court order said nothing about an interim SLA,” said Benson.
Benson said this was a flagrant disregard of the court order.
Explaining his involvement, Ducie joined the fight through his association with the Scottish Free Masons.
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“We always had our lodge meetings in Germiston and there has been a strong relationship with Epworth.”
He said that the Masonic Centre in Germiston, whenever they held functions or meetings, provided food to the home.
About a year ago Ducie’s fellow mason and firm partner Paul Farinha started a project to reduce costs at the home.
He said the home was spending a ridiculous amount of money on bread every month while purchasing 150 to 200 loaves of bread per week.
“We approached one of our clients, Nature’s Dream Bread, which has a baking facility and agreed to provide the home with bread at cost, saving them R10 a loaf.
“Some lodges pitched in and paid for some of the bread which helped free up close to R30 000, which could then be channelled into the children.”
With the news that the home would be closing its doors, Epworth contacted Farinha, informing him they would not need bread when the home closed its doors.
Farinha, who focuses on commercial cases, approached Ducie, the litigation partner, and asked if they could help the home.
“I told him we could help the home and reached out to Benson.
Despite having worked together for a long time, Benson is high-profile in this field of law.
“She has taken on Eskom for an urgent interdict and handled the eThekwini Metropolitan Municipality matter when sewage was flowing into the sea.”
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He said with administrative law, Benson is one of the best.
“Benson graciously agreed, and that is how we started helping the home.”
Benson added if more homes had approached the legal team, the team would have represented them.
Bedfordview resident Christofi said one of the biggest challenges is that NPOs don’t know that they have recourse.
She said nobody except those suffering cares about this situation.
Working on a similar pro bono matter with Norton Rose Fulbright for baby savers and the prevention of their closure, Benson thought she could find common ground.
“Norton Rose Fulbright joined our meeting with Epworth, and the Centre for Child Law invited Gert Jonker of Bethany House Trust to join the meeting.”
She said the Centre for Child Law wanted to be the curator for these children if the money was not paid.
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“This was done in case the children ended up floating in the system and could determine where the children were and report to the court that the government had placed them in an appropriate facility.
“However, the need for this fell away because we got the court order.”
She said it was great obtaining the order for the children, but worried that it took so long for action to be taken.
Ducie said obtaining the court order was fantastic.
He confirmed on June 7 at 17:00 that proof of payment for the organisations was obtained
Ducie said, “We cannot sit in a situation when the most vulnerable in our society are now the target of incompetence.”
