Advice Work


What is on this page?

  1. What do you sue advice work for in organisations
  2. Important things to know about advice work
  3. How to give advice
  1. How to interview a client
  2. How to take a statement
  3. How to fill in a case sheet
  4. How to advise the client
  5. How to take an affidavit

  1. What do you use advice work for in organisations?

Giving people in your community practical advice to help them with problems can play an important role in building your organisation. Many organisations are in touch with the daily problems of communities and have the information and resources that can help people to sort out their problems. People may come to your organisation for help with problems like pensions or state grants, evictions, repossessions of property, unfair dismissals or family problems. By helping people with their problems you will win their support and make your organisation more relevant. Organisations that assist people with problems are usually civics, trade unions, constituency offices of political parties and welfare organisations.

In South Africa many laws and processes have changed and the constitution and Bill of Rights now guarantee people basic human rights. In poor communities people are still not aware of these rights and organisations can play a very important role in educating people and supporting those with problems to make sure that these rights do not just remain on paper.

There are three main ways in which you can help people with problems:

  1. Giving advice to people who walk into your office with their problems.
  2. Organising public information or advice meetings on specific issues and discussing specific problems with individuals at the end of the meeting.
  3. Keeping your eyes and ears open for local problems and going to offer people help and advice for example when there is a flood in your area or when you hear of an eviction of a group of farm workers.
  1. Important things to know about advice work

Whatever methods you use for advice work here are some important guidelines that you should follow in almost all cases:

  • Always keep a clear record of the case - use case forms and file them in a proper filing system. Attach all copies of documents, affidavits or statements and information to the case form.
  • Immediately help people with the problems you can solve . For the others advise them on what they can do or refer them to someone who can help them.
  • If you promise help or follow up do it quickly and inform the clients of the results as soon as possible.
  • Build up a list of people and organisations you can refer clients to - use the useful numbers sheet in the How To section.
  • Do not make promises or raise expectations if you are not sure you are able to assist people.
  • If your organisation offers advice it should make sure that some of the members are trained and equipped to give the correct advice.

For more information on how to solve specific problems go to Helping people with problems. It has chapters on most typical problems poor people experience. You can also order a paralegal manual that has simple solutions to all the common problems that people experience from the Black Sash or the Education and Training Unit. Make sure that you have the necessary information and resource before you offer advice to anybody in your community.

  1. How to give advice
  1. How to interview your client

Make a case sheet for every client. When someone first approaches you with a problem it is very important to do a simple interview that will give you the basic facts that you need to make a decision about a way forward. Here are some of the things you should do:

  • Always introduce yourself to the client and ask for his or her name and address. Write this down.
  • Ask the person why he or she has come for help. If the person is shy, or embarrassed or finds it difficult to talk do not hurry them up. You must be patient. Try and ask questions that will bring people to the point a little bit quicker.
  • Be a good listener for a client and don’t rush to conclusions about what you think the problem is. If a person finds it difficult to talk about a personal issue show your support.
  • Ask the client what steps he or she took to try and solve the problem before coming to see you.
  • Explain to the client what their rights are in that situation and what steps you think are necessary to try and sort out the problem. Explain these steps in detail. Sometimes a client only needs some advice or counselling or to be referred to someone else. Try and do that immediately.
  • If you have to do further work on the case your next step is to take a full statement or to fill in a case form.

As far as possible you should encourage people to try and sort out their own problems. Often this means that you give a client some advice and tell them to come back and see you if they haven’t sorted it out. Then people will not be so dependent on you to sort out all their problems. In this way you are also empowering people to help themselves.

  1. How to take a statement

A statement is necessary because it helps to keep a record of the client’s case. The statement should be kept in the client’s file. You will do all your work on the case using the information you wrote down in the first statement. If the case is complicated you should take a full and detailed statement. If it is relatively simple you can just use the case sheet included here to put all the relevant information on. The case sheet will help you to make sure that you ask all the right questions. You make it for every case and it has all the detailed information you need on it.

The statement is the client’s story or evidence of what has happened to them and it is written in the first person so that it sounds as if they wrote it. Usually it is best for the advice giver to write the statement

When the statement may become part of a court case (for example when the client has been assaulted or has been unfairly dismissed) you may have to draw up a proper affidavit from the statement. An affidavit is a written statement which has been sworn to in front of a commissioner of oaths. A commissioner of oaths can be a magistrate, a post master, a bank manager, a lawyer, a police officer, a priest or a social worker.

Statements should only be changed into affidavits if you are very sure that all the facts are correct. Once you have made an affidavit you cannot change what you have said when you get to court. [see examples of statements and affidavit at end of this guide]

EXAMPLE OF A STATEMENT

STATEMENT

  1. My name is Benjamin Ngwane. I am a 30 year old male and I live at Hostel number 52, Langa, Cape Town. I am unemployed.
  2. On Monday 26 September 2000, at about 8p.m. I was walking on my way home after visiting a friend. I was walking alone on the pavement past Hostel Number 49 going in the direction of Hostel 52, past the Langa Police Station.
  3. A group of men crossed the road and came towards me. I recognised one of them. His name is Patrick Xegwana. He lives in hostel 52 with me.
  4. The group stopped me and Patrick Xegwana grabbed me by my shirt and asked me where I was going.
  5. I tried to answer that I was going home but before I could finish, Patrick Xegwana slapped me on my right cheek with his left hand.
  6. One of the other men then assaulted me by punching me in the stomach and kicking me where I lay on the ground. He was wearing a dark blue overall which was very torn. He was also wearing glasses. I recognised this man’s face although I do not know his name. He lives in Hostel 49. He was about 30 years old. I would recognise him if I saw him again.
  7. I think there were five men altogether. I do not know the names of any of them except for Patrick Xegwana but I recognised all of their faces. I would recognise them if I saw them again.
  8. They were all crowding around me while I was lying on the ground being assaulted by the man in the blue overall. One of the men had a gun and was poking it in my side. I was very scared and I did not say anything to them. They did not say why they were assaulting me. They only told me that I must not come near Hostel 52 again.
  9. Everything happened so quickly. The last thing I remember is a hard blow on my head.
  10. I was dizzy at the time and can only remember being picked up. I was looking around to see where the men were but they were gone. One of the people helping me was a man called Vuyani. He picked me up and carried me to Hostel 48 nearby.
  11. At the hostel the man called Vuyani telephoned Langa Day Care Hospital. They sent an ambulance to come and fetch me.
  12. At hospital I was treated for two broken ribs, severe bruises all over my body and my eye was bleeding. I had to stay in hospital for 3 days. My hospital card number is 5489. I was treated by Dr Wyngaard.
  13. I do not know if there were any witnesses to the assault on me. I do not know if Vuyani witnessed the whole assault on me.
  14. I do not know why I was assaulted by the group. I feel that I have been wronged and I want to make a claim against the people who assaulted me.

DATE ON WHICH STATEMENT WAS TAKEN: 28 September 2000.

Name and address of person who took the statement:
Lawrence Ndlovu
c/o Langa Advice Office
Cape Town
Telephone number of Langa Advice Office (021) 642109

__________________________________

signed by: BENJAMIN NGWANE

  1. How to fill in the case sheet properly

The case sheet is you record of the client’s case – attach all statements and documents to the case sheet and file it under the name of the client. The case sheet summarises the case. You can use this example or make your own.

Here is an example of a case sheet:

CASE SHEET

CASE NUMBER __________ SURNAME ____________________________

DATE__________________ FIRST NAMES___________________________

AGE___________________ID NUMBER______________________________

ADDRESS______________________________________________________

PHONE:_________________OTHER CONTACT PHONE_________________

Description and details of problem

________________________________________________________________

Advice given

________________________________________________________________

Referred to:

_________________________________________________________________

Action taken on behalf of client:

__________________________________________________________________

__________________________________________________________________

Follow up neededDate follow up done
  
  
  
  

DATE CASE CLOSED ____________________________

ATTACH ALL RELEVANT STATEMENTS AND DOCUMENTS

________________________________________________________________

Personal details:

It is very important to write down clear personal details of the client. The most important ones are full name and Identity number, address and contact address of a relative if the client has no fixed address.

Description and details of the problem:

The details you need will be different according to the type of problem. For example if the case is about underpayment of wages you need to know what work the client was doing, the name and details of the employer and what the wage was supposed to be. If the case is about an assault you will need details of medical injuries as well as details about the person who committed the assault.

Use the case sheet to summarise the case. If it is complicated and may lead to legal action you should take a statement and attach it to the case sheet.

When you write details of problems in affidavits or statements, it is important that you clearly describe every fact. For example it is not good enough in an assault statement to say "3 men attacked me and beat me up." You need much more detail. For example: " 3 young white men, who were unknown to me, approached me on the street (name of street) One of them, who had reddish hair and was quite tall, grabbed me by my jacket and pushed me to the ground. The 2 others who were of medium build and had dark hair started kicking me in the ribs. I do not know how many times they kicked me but it was definitely more than 5 times. They kicked me in my abdomen around the area of my ribs and stomach."

Ask the person for as much detail as they can remember but never write down something as a fact unless you are very sure that it is a fact. For example in an assault statement the client may say that "they attacked me at 3 o’clock in the afternoon." Ask the client how they knew it was 3pm and unless the client looked at a watch do not write it down. Rather say: " it was around 3 pm" or "sometime between 2pm and 4pm." This is very important because if the case comes to court later and you said 3pm, the accused may be able to prove that they were somewhere else at 3pm exactly.

  1. How to advise the client.

Explain their rights and choices

Your first step in giving advice to a client is to tell them what their rights are and what steps can be taken to help them. Then you have to listen to your client to find out what he or she wants to do. For example, if your client was dismissed from his or her job, don’t just take it for granted that the client wants the job back even if you feel that the dismissal was unfair. On the other hand, if the client says he or she only wants notice pay, this may be because the client does not know anything about unfair dismissal and reinstatement. It is up to you to explain to your client all his or her rights and then to let the client make their own choices. Make sure that you have all the information you need to solve the problem and if necessary, look, it up or get help from somebody else. If there are some facts that the client is not clear about ask him or her to find about it and to come back with the information so that you can give more informed advice.

Always write down the details of the advice that you did give and the decisions that the client made about what action to take.

Take action to solve the problem.

Discuss with your client what steps you will take to try and solve the problem. Make sure that the client understands what you are going to do. Be realistic about how much you think you can do and how long it will take to sort out the problem. You must then agree on how you will get back to your client. This could be by writing a letter or by the client coming in to see you on a set date.

Once you start doing follow up work write down everything that you do. For example if you make a telephone call write down the date and time, the name of the person you spoke to and the details of the conversation. Keep copies of all letters that you send. Keep copies of all documents in connection with your client’s claim or case. Never write anything like notes on original documents. All documents should be stapled to the statement or case sheet of the client so that nothing gets lost.

Make a referral if needed

There are many organisations, agencies and institutions that are more qualified to sort out problems than you are. Among them are welfare societies, community organisations, government departments, non-governmental service organisations or church organisations. Here are some examples of agencies that you may refer a client to: Child Welfare Society, Department of Labour, Legal Aid Board, Magistrate’s Court, Maintenance Office, pension or Disability Office, Trade Union.

Keep a list of all agencies or institutions in your area that may be able to help you with their phone numbers and contact people. When you refer someone to another agency always give them a covering letter and try and make an appointment for them with the correct person so that they do not have to go and stand in a whole lot of long queues and perhaps end up in the wrong place.

Make a telephone call if needed

Before making a phone call make sure that you understand the problem clearly and decide what you hope to get out of the phone call. In other words prepare properly. Always introduce yourself to the other person, get their name and tell them you are phoning on behalf of the client and who the client is. Write down the name of the person you are speaking to as well as the date and time of the call.

Never change the story of your client. You must only say exactly what your client told you and if you cannot answer a question on behalf of your client first speak to your client to get the correct information. Be polite but firm about your client’s rights. Never lose your temper over the phone. Try not to become involved in a bad argument because you may end up saying things that could harm your client’s case. Make rough notes while you are speaking on the phone and then write them down in more detail when you are finished.

If you reach any agreement with the person you must confirm what you agreed in a letter to that person. If you cannot reach agreement try and find out who the person’s superior is and speak directly to that person.

Write a letter if needed

Always include in a letter that you write on behalf of a client:

  • your own address
  • the address of the person to whom you are writing
  • the date

Start your letter by saying that you are writing on behalf of the client and set out clearly the details of your client’s complaint. Say exactly what it is you want from the person you are writing to. In other words, say what you want that person to do about that complaint. Remember to include information that can help to identify your client (like ID number, pension number, UIF number etc.) Make sure that your letter is signed before you send it out. Keep a copy of all letters you send in the client’s file.

  1. How to take an affidavit

An affidavit is a sworn statement – the person making the affidavit is called the deponent and he/she swears before a commissioner of oaths that the contents of the affidavit is true. An affidavit can be used as evidence in a court case – if you are not experienced as a paralegal adviser, it may be better to get a lawyer to take an affidavit. If you write something that is incorrect and the witness says something different in court, they could be charged with lying to the court [perjury]

An affidavit has to have very specific sentences in it. For example it always starts with "I ( name of person) do hereby make oath and say" and it always ends in the same with the swearing of the affidavit statement. Here are the key things that should be in the affidavit:

  1. I ____________________________ (name of person) do hereby make oath and say:
  2. I am an adult ____________(male/female) and I live at _________________ _____________________________________________________(address)
  3. I am ________________(married/single) (unemployed, employed at____________)
  4. The statement________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________ 
DEPONENTThe person making the statement is the deponent and must sign here but only in front of the Commissioner of Oaths. Then the Commissioner of Oaths fills the next part in:

I certify that the deponent has acknowledged that he/she knows and understands the contents of this affidavit which was signed and sworn to before me at

___________________________________________________(place)

on the ___________day of _____________________(month) 200__ (year)

in compliance with the regulations contained in Government Gazette No R1258 dated 21st July 1972 as amended.

_______________________________ 
COMMISSIONER OF OATHSCommissioner of oaths signs here after asking the deponent to swear that you are telling the truth. The name and address of the Commissioner of Oaths will also be given here as well as the office held by the Commissioner e.g. postmaster.

EXAMPLE OF AN AFFIDAVIT

AFFIDAVIT

  1. I, Benjamin Ngwane, do hereby make oath and say:
  2. I am an adult male and I live at Hostel number 52, Langa, Cape Town.
  3. I am unmarried. I am presently unemployed.
  4. On Monday 26 September 2000, at about 8p.m. I was walking on my way home after visiting a friend. I was walking alone on the pavement past Hostel Number 49 going in the direction of Hostel 52.
  5. A group of men crossed the road and came towards me. I recognised one of them. his name is Patrick Xegwana. He lives in hostel 52 with me.
  6. The group stopped me and Patrick Xegwana grabbed me by my shirt and asked me where I was going.
  7. I tried to answer that I was going home but before I could finish, Patrick Xegwana slapped me on my right cheek with his left hand.
  8. One of the other men then assaulted me by punching me in the stomach and kicking me where I lay on the ground. He was wearing a dark blue overall which was very torn. He was also wearing glasses. I recognised this man’s face although I do not know his name. He lives in Hostel 49. He was about 30 years old. I would recognise him if I saw him again.
  9. I think there were five men altogether. I do not know the names of any of them except for Patrick Xegwana but I recognised all of their faces. I would recognise them if I saw them again.
  10. They were all crowding around me while I was lying on the ground being assaulted by the man in the blue overall. One of the men had a gun and was poking it in my side. I was very scared and I did not say anything to them. They did not say why they were assaulting me. They only told me that I must not come near Hostel 52 again.
  11. Everything happened so quickly. The last thing I remember is a hard blow on my head.
  12. I was dizzy at the time and can only remember being picked up. I was looking around to see where the men were but they were gone. One of the people helping me was a man called Vuyani. He picked me up and carried me to Hostel 48 nearby.
  13. At the hostel the man called Vuyani telephoned Langa Day Care Hospital for an ambulance to come and fetch me. I stayed there until the ambulance arrived and took me to hospital.
  14. At hospital I was treated for two broken ribs, severe bruises all over my body and my eye was bleeding. I had to stay in hospital for 3 days. My hospital card number is 5489. I was treated by Dr Wyngaard.
  15. I do not know if there were any witnesses to the assault on me. I do not know if Vuyani witnessed the whole assault on me.
  16. I do not know why I was assaulted by the group.

__________________________________

BENJAMIN NGWANE

I certify that the deponent has acknowledged that he knows and understands the contents of this affidavit which was signed and sworn to before me at Langa on the 30th day of September 2000 in compliance with the regulations contained in Government Gazette No R1258 dated 21st July 1972 as amended.

____________________________________

COMMISSIONER OF OATHS

Captain Jakobus Naude, Langa Police Station, Washington Road, Langa