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- Is amended by Legal Aid of South Africa Regulations: Amendment
- Is amended by Legal Aid of South Africa Regulations: Amendment
South Africa
Legal Aid South Africa Act, 2014
Legal Aid of South Africa Regulations, 2017
Government Notice R745 of 2017
- Published in Government Gazette 41005 on 26 July 2017
- Commenced on 22 August 2017
- [This is the version of this document from 6 August 2021.]
- [Amended by Legal Aid of South Africa Regulations: Amendment (Government Notice R498 of 2019) on 29 March 2019]
- [Amended by Legal Aid of South Africa Regulations: Amendment (Government Notice R680 of 2021) on 6 August 2021]
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned to it and, unless the context otherwise indicates—“assets” includes any—(a)movable or immovable property;(b)corporeal or intellectual rights to property; and(c)item, property or money that a legal aid applicant has received, or will in the future be entitled to receive, from the estate of any deceased person: Provided that this provision will also apply if—(i)no distribution account for the deceased estate has yet been drawn up;(ii)the legal aid applicant or his or her spouse has not yet taken transfer of, or received delivery of, the item, property or money; or(iii)the item, property or money is held in the name of the estate or in the name of a trust as contemplated in regulation 28(3);“child” means a person under the age of 18 years;“Children’s Act” means the Children’s Act, 2005 (Act No. 38 of 2005);“Hague Convention” means the Hague Convention on the Civil Aspects of International Child Abduction, signed at the Hague on 25 October 1980 and entered into force between the signatories on 1 December 1983;“household” means family members, spouses, partners, children and parents who live together for at least four nights a week, and who share meals and resources;“impact legal services” means litigious or non-litigious legal services as provided for in regulation 35;“legal aid applicant” means a person applying for legal aid;“legal aid recipient” means a person receiving legal aid;“Manual” means the Legal Aid Manual referred to in section 24 of the Act;“means test” means Legal Aid South Africa’s test to decide whether a legal aid applicant qualifies for legal aid, or not, as provided for in regulation 27;“merit report” means a report by a legal practitioner which is an assessment of the facts and law pertaining to an applicant's case to determine prospects of success to determine the provision or continuation of civil legal aid as provided for in regulation 9;“net monthly income” means income from any source as contemplated in regulation 27;“Republic” means the Republic of South Africa;“spouse” means the—(a)marriage partner of a person married in terms of the Marriage Act, 1961 (Act No. 25 of 1961);(b)marriage partner of a person in a customary marriage as provided for by the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998); or(c)civil union partner of a person in a civil union concluded in terms of the Civil Union Act, 2006 (Act No. 17 of 2006); and“the Act” means the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014).2. General policy
3. Criminal matters
4. Witnesses
A witness who appears before a court and who has been warned by the court to provide incriminating evidence against himself or herself may be granted legal aid.5. Extradition
Any person arrested in terms of the Extradition Act, 1962 (Act No. 67 of 1962) may be granted legal aid.6. Criminal appeals
7. Bail applications
Legal aid may only be granted for one bail application for an accused in a particular case: Provided that Legal Aid South Africa may approve legal aid for a further application if it is satisfied that there are changed circumstances that justify a further bail application.8. Court orders
An accused who does not qualify for legal aid in terms of these regulations, will not receive legal aid unless this is directed by a court order in terms of section 22 of the Act.9. Civil matters
10. Civil cases for protection of constitutional rights
11. Limitation and exclusion of civil legal aid
12. Civil appeals
Legal aid may only be granted for a civil appeal if Legal Aid South Africa is satisfied that—13. Maintenance, domestic violence and harassment cases
14. Labour cases
15. Divorce and family law cases
16. Legal aid for specialist or expert advice
Legal Aid South Africa may grant legal aid for the obtaining of a specialist or expert opinion.17. Land rights
18. Cases relating to the Land Reform (Labour Tenants) Act, 1996, the Extension of Security of Tenure Act, 1997 and Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1988
19. Asylum seekers
20. Hague Convention cases
Legal aid may be granted for Hague Convention cases: Provided that it is not necessary for the legal aid applicant to be physically resident in the Republic.21. Equality court cases
Legal aid may be granted for matters governed by the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000).22. Civil matters involving children
23. Other legislation requiring legal representation for children
24. Types of Children's Act matters where legal representation can be ordered in terms of section 55 of the Children’s Act
25. Matters relating to the Mental Health Care Act, 2002
26. Commissions of Inquiry
Where funds are made available for legal aid by the establishing authority of a commission as contemplated in the Commissions Act, 1947 (Act No. 8 of 1947), legal aid may be provided for legal representation for a person appearing before a commission where that commission has certified that that person has standing before that commission.27. Qualifying for legal aid and means test
28. Amounts included or excluded for legal aid qualification
29. No right to choose legal practitioner
No legal aid applicant has the right to choose the legal practitioner who will be instructed to represent him or her.30. Exceeding the means test and discretion
31. Partially subsidized legal aid
32. Contributions by legal aid recipient
33. Termination of legal aid
34. Refusal of legal aid
35. Impact legal services
36. Medical and travelling costs
Legal Aid South Africa does not pay costs related to a legal aid applicant’s—37. Receipt of monies after legal aid instruction
No additional moneys that are not due in terms of these regulations, the Manual or a court order, may be received directly or indirectly by a legal practitioner from the legal aid recipient, or from any other source, after receiving a legal aid instruction for a particular matter.38. Payment of financial benefit to Legal Aid South Africa
When a litigant who receives legal aid from Legal Aid South Africa obtains a financial benefit as a result of a settlement or judgement at any stage after legal aid was granted, a percentage of the financial benefit is payable to Legal Aid South Africa, as determined in the Manual.39. Transitional provision
Any legal aid instruction that was issued before the coming into operation of these regulations must be dealt with in terms of these regulations.40. Commencement
These regulations come into operation on 22 August 2017.History of this document
06 August 2021 this version
29 March 2019
22 August 2017
Commenced
26 July 2017
Published in Government Gazette 41005
Read this version
Cited documents 23
Act 23
1. | Constitution of the Republic of South Africa, 1996 | 12325 citations |
2. | Magistrates' Courts Act, 1944 | 2911 citations |
3. | Labour Relations Act, 1995 | 2464 citations |
4. | National Road Traffic Act, 1996 | 1748 citations |
5. | Restitution of Land Rights Act, 1994 | 1707 citations |
6. | Road Accident Fund Act, 1996 | 800 citations |
7. | Children's Act, 2005 | 577 citations |
8. | Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 | 455 citations |
9. | Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 | 425 citations |
10. | Mental Health Care Act, 2002 | 368 citations |