South Africa
Legal Aid South Africa Act, 2014
Act 39 of 2014
- Published in Government Gazette 38315 on 9 December 2014
- Assented to on 9 December 2014
- Commenced on 1 March 2015 by Legal Aid South Africa Act, 2014: Commencement
- [This is the version of this document from 3 April 2024.]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
Chapter 1
Definitions
1. Definitions
In this Act, unless the context indicates otherwise—"agent" means an official of the Department of Justice and Constitutional Development who is designated to assist legal aid applicants in completing applications for legal aid;"Board" means the Board of Directors appointed in terms of section 6;"candidate attorney" means a person undergoing practical vocational training (articles of clerkship) with a view to being admitted and enrolled as an attorney;"chief executive officer" means the chief executive officer appointed in terms of section 15;"Constitution" means the Constitution of the Republic of South Africa, 1996;"director" means a member of the Board of Directors;"Legal Aid South Africa" means the national public entity, that is established under section 2(1), in order to give effect to the objects provided for in section 3;"legal practitioner" means a practising attorney or advocate;"Minister" means the Cabinet member responsible for the administration of justice;"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999); and"this Act" includes the regulations made under section 23(1).Chapter 2
Legal Aid South Africa
2. Establishment of Legal Aid South Africa and its relationship with Board
3. Objects of Legal Aid South Africa
The objects of Legal Aid South Africa are to—4. Powers, functions and duties of Board
5. Independence and impartiality of Legal Aid South Africa
Legal Aid South Africa, its directors, employees and agents must serve impartially and independently and exercise their powers and perform their duties and functions in good faith and without fear, favour, bias or prejudice.6. Composition and appointment of Board
7. Qualification for membership of Board
8. Chairperson and deputy chairperson
9. Term of appointment
The chairperson, the deputy chairperson and a director referred to in section 6(1)(a) and (b) and any alternate member appointed in terms of section 6(2) holds office for a term of not less than three years and not more than five years, as determined by the Minister, in writing, at the time of his or her appointment and may be reappointed for one additional term only.[section 9 substituted by section 42 of Act 8 of 2017]10. Termination of membership of Board
11. Meetings of Board
12. Quorum and procedure
13. Committees of Board
14. Delegation of powers and assignment of duties or functions of Board
Chapter 3
Performance of administrative work of Legal Aid South Africa
15. Appointment of chief executive officer
16. Functions of chief executive officer
Chapter 4
Support structure of Legal Aid South Africa
17. Employees and agents of Legal Aid South Africa
18. Terms and conditions of employment of employees
19. Protection of client privilege in certain circumstances
20. Recovery of costs by Legal Aid South Africa
21. Finances of Legal Aid South Africa
The funds of Legal Aid South Africa consist of—Chapter 5
General provisions
22. Provision of legal aid by direction of courts in criminal matters
23. Regulations
24. Legal Aid Manual
25. Amendment or repeal of laws
26. Transitional arrangements
27. Short title and commencement
This Act is called the Legal Aid South Africa Act, 2014, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017
01 March 2015
Commenced by
Legal Aid South Africa Act, 2014: Commencement
09 December 2014
Subsidiary legislation
Title | Numbered title |
---|---|
Legal Aid of South Africa Regulations, 2017 | Government Notice R745 of 2017 |
Legal Aid of South Africa Regulations: Amendment | Government Notice R498 of 2019 |
Legal Aid of South Africa Regulations: Amendment | Government Notice R680 of 2021 |
Cited documents 15
Legislation 15
- Child Justice Act, 2008
- Children's Act, 2005
- Competition Act, 1998
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Financial Intelligence Centre Act, 2001
- Financial Markets Act, 2012
- Insolvency Act, 1936
- Labour Relations Act, 1995
- Legal Practice Act, 2014
- Mental Health Care Act, 2002
- Prevention and Combating of Corrupt Activities Act, 2004
- Prevention of Organised Crime Act, 1998
- Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
- Public Finance Management Act, 1999
Documents citing this one 29
Gazette 23
- South Africa Government Gazette Regulation Gazette dated 2015-02-27 number 38512
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2018-08-31 number 41879
- South Africa Government Gazette Regulation Gazette dated 2019-03-29 number 42338
- South Africa Government Gazette Regulation Gazette dated 2019-04-01 number 42366
- South Africa Government Gazette Regulation Gazette dated 2019-08-27 number 42663
- South Africa Government Gazette Regulation Gazette dated 2020-02-07 number 43000
- South Africa Government Gazette Regulation Gazette dated 2021-08-06 number 44936
- South Africa Government Gazette dated 2014-12-09 number 38315
- South Africa Government Gazette dated 2015-01-20 number 38406
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2017-03-31 number 40733 part 1
- South Africa Government Gazette dated 2017-06-23 number 40932
- South Africa Government Gazette dated 2017-06-29 number 40946
- South Africa Government Gazette dated 2017-06-30 number 40945 part 1
- South Africa Government Gazette dated 2017-08-02 number 41018
- South Africa Government Gazette dated 2017-12-15 number 41330
- South Africa Government Gazette dated 2018-07-27 number 41796 part 1
- South Africa Government Gazette dated 2018-10-01 number 41948
- South Africa Government Gazette dated 2020-06-04 number 43402
- South Africa Government Gazette dated 2020-10-16 number 43814
- South Africa Government Gazette dated 2022-03-09 number 46018
- South Africa Government Gazette dated 2023-09-27 number 49372
Judgment 2
- Legal Aid South Africa v Magidiwana and Others [2015] ZACC 28 (22 September 2015)
- Legal Aid South Africa v Theunissen (CA 14/2018) [2019] ZALAC 93 (25 November 2019)