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Chapter 5
Related Sections
1
INTRODUCTION
2
Where does the law come from?
3
Constitutional law
4
Statute law
5
Common law
6
Customary law
7
How is a court decision or judgment made?
8
Kinds of law: criminal and civil
9
STRUCTURE OF THE COURTS
10
The Constitutional Court
11
The Supreme Court of Appeal
12
The High Courts
13
Magistrates’ Courts
14
Small Claims Court (SCCs)
15
The Labour Court
16
The Land Claims Court
17
Who works in the legal system?
18
TRIALS, APPEALS, AND REVIEWS
19
What is a trial?
20
What is an appeal?
21
What is a review?
22
SETTLING DISPUTES OUTSIDE OF COURT
23
Negotiation
24
Mediation
25
Arbitration
26
THE CRIMINAL COURTS AND CRIMINAL CASES
27
Criminal charges
28
Bail
29
Steps in a criminal court case
30
Dealing with organised crime: The Prevention of Organised Crime Act
31
The Child Justice System
32
POLICE
33
Powers of the police to question
34
Powers of the police to search and seize
35
Powers of the police to arrest
36
Reporting a case of police misconduct
37
Community Police Forums
38
THE CIVIL COURTS AND CIVIL CASES
39
Civil claims
40
Steps in a civil claim in a magistrate’s court
41
Small Claims Court (SCC)
42
Equality Courts
43
Interdicts
44
Spoliation orders
45
USING AN ATTORNEY
46
Responsibilities of attorneys
47
When do you need an attorney?
48
How to find an attorney
49
How to pay for an attorney
50
Applying for legal aid
51
Legal aid clinics
52
Justice centres
53
University Legal Aid Clinics
54
Advice centres
55
Legal Resources Centres
56
Attorneys’ Associations
57
PROBLEMS
58
Problem 1: Which court should be used in each example?
59
Problem 2: Claim is too large for the Small Claims Court (SCC)
60
Problem 3: How urgent is the need for an interdict?
61
Problem 4: Passing the Legal Aid means test
62
Problem 5: Appealing against the decision of a magistrate
63
Problem 6: Failing to obey a court order
64
Problem 7: Refusing to give your name or address to the police
65
Problem 8: Police shoot and injure while making an arrest
66
Problem 9: Your right to appear in court within 48 hours of arrest
67
Problem 10. Police misconduct
68
MODEL LETTERS
69
Letter of Demand for the Small Claims Court
70
CHECKLISTS
71
Checklist: Particulars to take if someone has received a summons
72
Checklist: Particulars to take if someone has already appeared in court on a criminal charge

Problem 4: Passing the Legal Aid means test

Maria Shave is a single person with two children who go to school. She earns
R5 000 per month before deductions are made from her salary. She pays R200 into a pension fund every month and her bond repayment on her house is R400 per month. Will she qualify for legal aid?

WHAT DOES THE LAW SAY?

The means test says a single woman earning R8 700 per month or less can get Legal Aid. This amount is standard for every single person applying for legal aid and doesn’t depend on how many dependants she has.

For purposes of the means test a person’s salary is the money that is left after deductions are made for things like income tax, pension, housing, medical aid and so on.
It is also important that the specific case that she needs the legal aid for, falls within the cases covered by legal aid. (See Means test) (See Applying for legal aid)

DOES SHE QUALIFY FOR LEGAL AID?

Maria earns R5 000 per month. For the purposes of the means test, Maria’s salary will be R5 000 less [R200 (pension) + R400 (bond repayment)]
R5 000 – (R200 + R400) = R4 400
This amount is less than the means test amount of R8 700 per month which means Maria will qualify for legal aid (provided her case is the type of case covered by legal aid).