Legal Aid SA there for all who qualify

If you happen to find yourself in court or facing a legal matter but cannot afford a private legal practitioner, government-funded Legal Aid SA could be there to help if you qualify.

The Herald has been inundated with questions from the public asking what they can do if they cannot afford a private lawyer.

First established as an independent body in 1969, Legal Aid SA offered legal assistance by means of Judicare with lawyers in private practice employed to represent those in need.

By the late 1990s, Legal Aid SA decided to move towards a system of salaried legal practitioners and has since established 64 local offices and a further 64 satellite offices providing legal assistance across the country.

Legal Aid SA spokesperson Siphokazi Nogaya said the statutory body was set up to make legal representation available, at the state’s expense, to ensure justice was meted out for all.

Available to all South Africans who cannot necessarily afford a private lawyer, the institution offers legal aid and legal advice, legal representation and provides education and information concerning legal rights and obligations, Nogaya said.

“When you need legal aid you must apply. One would have to complete a form where they will have to disclose income — if they earn an income — and what they own.

“A means test determines whether you qualify on a financial basis,” Nogaya said.

While assistance is offered on a wide range of legal matters, not all types of civil work is included in the Legal Aid SA manual, and commercial litigation is excluded.

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“We only give legal aid to households that earn less than R8,400 per month, after tax.

“If you do not own a house then your possessions, like a car, furniture, clothes and personal items, must not be worth more than R141,900. 

“If you own a house, then your house and possessions must not be worth more than R665,800.

“You must only have the one house and live in it.

“In civil matters, the income of the spouse is taken into account, but not in criminal matters,” Nogaya said.

Operating on a practitioner per court model, clients do not have the right to choose a specific attorney when applying for Legal Aid.

Legal Aid practitioners have access to any court and are there when a person who does not have legal representation appears for the first time in court.

The accused can then advise the court they wish to apply for Legal Aid SA assistance and forms are then filled in on the spot.

Alternatively, for anyone seeking Legal Aid SA assistance, there are offices located in North End and Newton Park.

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