The Constitution of South Africa, Act 108 of 1996, provides the overall legal framework from which Legal Aid South Africa derives its mandate. Chapter Two, of the Bill of Rights, outlines the right to equality (Section 9) the right to access to courts (Section 34) the rights of arrested, detained and accused persons (Section 35) and the rights of children (Section 28).
These constitutional rights provide substance to Legal Aid South Africa's core mandate of providing legal services to the indigent at the expense of the state. It operates in terms of the Public Finance Management Act 1 of 1999. The constitutional obligations of the Legal Aid South Africa are further defined in terms of the Restitution of Land Rights Act 22 of 1984, the Extension of Security of Tenure Act of 1999, and the Criminal Procedure Act 51 of 1997.
Legal Aid South Africa is an independent statutory body established in terms of the Legal Aid Act, 1969 (Act 22 of 1969).