In line with the requirements placed on it by the Constitution, Legal Aid South Africa has identified the following priorities:
To provide legal aid to:
- Children in civil matters affecting them where substantial justice would otherwise result;
- Every detained person (including sentenced prisoners);
- Every person who is accused of a crime;
- Those who wish to appeal or review a decision of court in a higher court.
- Women; particularly in divorces, maintenance, and domestic violence cases
- The landless, especially with regards to evictions.
Criminal cases given priority
Some of the common law offences covered by Legal Aid South Africa include:
- Abduction
- Arson
- Assault with intent to cause grievous bodily harm
- Bigamy
- Culpable homicide
- Fraud
- Incest
- Housebreaking
- Indecent assault
- Public Violence
- Murder
- Rape
- Robbery
- Sedition
- Treason
Some of the statutory offences covered by legal aid include:
- Administration of justice
- Animal and nature conservation
- Children
- Corruption
- Counterfeiting currency
- Dealing in unwrought precious metals and uncut gemstones
- Escaping from custody and/or obstructing the police
- Mentally handicapped persons
- Vehicle theft
- Witchcraft
- And any attempt to commit the above.
Legal Aid South Africa does not provide legal aid for drunken driving, driving under the influence of alcohol, and/or drugs and dealing in liquor without a license.
Criminal appeals
The right to an appeal is an integral part of the right to a fair trial and, where substantial injustice would otherwise result, the accused is entitled to legal representation at State expense for the purpose of an appeal. This does not, however, mean that every accused person who is convicted is entitled to legal aid for the purposes of an appeal.
Legal Aid South Africa assists in providing legal reorientation provided certain conditions are met. For instance, the legal aid applicant must pass the means test.
Civil matters given priority
Legal Aid South Africa gives priority and provides legal aid for most civil matters.
However, it does not provide legal aid for the following civil matters:
- For the administration, voluntary surrender or sequestration of an estate or the liquidation of a legal person.
- In an action for damages on the grounds of defamation, breach of an engagement contract, infringement of dignity, infringement of privacy, seduction, adultery or inducing someone to desert or stay away from his or her spouse.
- For any action which the applicant may institute in a small claims court.
- In any civil appeal in which Legal Aid South Africa has not been satisfied that there are reasonable prospects of success and (where applicable) recovery. Arbitration, mediation, conciliation or any other form of dispute resolution. In matters where, in the opinion of Legal Aid South Africa, there is no substantial and identifiable material benefit to the client;
Divorce cases and family law matters
Legal Aid South Africa does not provide legal aid in a divorce case if:
- There is a reasonable possibility of reconciliation
- Proper and sufficient attention has not been given to settling the dispute
- Considering all the circumstances, it does not appear to be a deserving case.;
Labour Matters
'Legal Aid South Africa generally does not provide legal aid for labour matters. However, in deciding whether to provide legal aid in labour matters, Legal Aid South Africa follows these guidelines:
- If the dispute arose before 11 November 1996, it should be dealt with in terms of the old Labour Relations Act 1956.
- Any dispute that arose after 11 November 1996, it should be dealt with in terms of the new Labour Relations Act of 1995.
- In cases where the disputes arose after 11 November 1996, the legal aid applicant should first seek assistance from the nearest office of the Commission for Conciliation, Mediation and Arbitration (CCMA) for conciliation proceedings.
- If the conciliation fails and the Commissioner recommends assistance or representation by a legal practitioner in the Labour Court, he or she will provide the legal aid applicant with the necessary document to this effect.
- Legal Aid South Africa does not generally render legal aid for arbitration, mediation, conciliation or any other form of alternative dispute resolution.