NCJ Number
72492
Date Published
1979
Length
14 pages
Annotation
This discussion of the provision of legal aid in South Africa is confined to the problem of neediness and to a systematized process for offering aid, without regard to racial problems and random acts of philanthropy by legal practitioners.
Abstract
Present legal aid in South Africa is run pursuant to the Legal Aid Act 22 of 1969, an attorney costs and court proceedings are financed by parliamentary appropriations. Where practicable, the applicant for legal aid is able to obtain the attorney of his choice. Legal aid is available to all indigents who are 'relatively permanently resident' in the Republic of South Africa. However, if the applicant is unemployed without sound reasons, leads a dishonest life, or is unable to bear legal costs because of his own misconduct or neglect, an attorney may decide not to offer legal aid. Moreover, provisions for appeal are restrictive; a means test forms part of the applicaton. Legal aid clinics are also open at universities where unremunerated law students offer free advice and counseling. Since the national schemes beginning in 1971, civil cases were handled for 2,237 Whites, 1,253 Coloreds/Asians, and 631 Bantu. However, South Africa lacks coherent strategies and Government commitment. Thus, the legal aid officers, civil servants who frequently combine legal aid with other work, place low priority on legal aid. The means test has a ceiling that is too inflexible and that does not provide for regional variations, and the national schemes operations are not publicized. Moreover, while State funding of the scheme is essential, State administration of the scheme is neither essential nor desirable. South African law has not progressed to the stage where a right to legal representation, whether it can be afforded or not, is a prerequisite to the proper determination of either a civil or criminal case. While parliament may allow funds for a poor person, it may not allow funds for a scheme to reform society. To achieve reform, therefore, the scheme must not alienate the State and yet act in such a way as to win the confidence of indigents. Included are 39 references.