In order to get legal aid you must pass the MEANS TEST.

The ‘means test’ means you have to show that you earn less than an amount fixed by Legal Aid South Africa. This amount varies if you are single or married and also changes with time. You also have to show that you don’t have any other ‘liquid assets’, such as money in a savings account which could be used to pay for your legal fees. If you earn more than the means test then you will not qualify for legal aid for your case. Your attorney or the legal aid officer will ask you questions about your wages. For purposes of the means test, your salary means net salary: the money that is left over after the following deductions are made:

• Pension
• Medical aid
• Income tax
• UIF

If a person is applying for legal aid for a divorce case then the person is treated as a single person for purposes of the means test.

Means test amounts:

• Single persons who have a net monthly income of R5 500 or less can get Legal Aid
• An applicant that is part of a household and who’s household has a net income of R6 000 per month or less can get Legal Aid

and

• If the applicant or household owns immovable property (a house). The immovable property must be worth R500 000 or less

These amounts are increased every few years, to keep up with the cost of living.