If you cannot afford to pay for an attorney you can apply for legal aid (financial help for attorney’s fees) by applying to Legal Aid South Africa. Legal Aid represents in most criminal cases if the accused cannot afford a lawyer. Legal Aid can also represent in civil cases, however, the types of civil cases they represent in are very limited. You will have to pass a means (income) test to get Legal Aid which means you have to show that you earn less than an amount fixed by Legal Aid South Africa. If you qualify for Legal Aid, a Legal Aid attorney will be appointed for you and then Legal Aid South Africa will pay most of your attorney’s fees.
You cannot get legal aid for the following kinds of problems:
You can also get legal aid for appeals on all these types of cases listed, whether criminal or civil (cases where you are suing or being sued). For appeals, the Director must also believe that you have a reasonable chance of success.
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:
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:
These amounts are increased every few years, to keep up with the cost of living.
Go to a Legal Aid branch office or, if there is not one in your area, to the nearest Magistrate’s Court to enquire about legal aid. All magistrates’ courts have a legal aid officer who will help you with your legal aid enquiries.
The Legal Aid officer will check that you satisfy the means test and whether your matter falls within the scope of the guidelines set out by the Legal Aid Board. If you qualify, then you will be sent to an attorney, who will receive what is called a ‘legal aid instruction’ for your case. That attorney will then deal with your case. Attorneys do have a right to refuse a legal aid instruction, but they normally do not refuse. If they do refuse, a legal aid instruction can be made out to another attorney.