A breakdown of how legal aid works
Legal Aid South Africa has a mandate from the Constitution to help the poor receive tax-funded legal assistance.
Who qualifies for legal aid
Legal Aid South Africa has a mandate from the Constitution to help the poor receive tax-funded legal assistance.
You will be required to complete an application form stating your monthly salary as well as your assets such as house, car and/or investments. This is known as the means test.
Legal aid for individuals
If you are employed, you must earn less than R5 500 a month after tax deductions.
Legal aid for households
If you share a home with other people for more than four nights a week and they share in the cost of food and other expenses, they will asses the total household income. They will give legal aid to households which earn less than R6 000 a month.
If you or your household
• Own a house, then the total value of the house and all your possessions must be less than R300 000.
• Do not own a house, then the total value of all your assets (for example, your car, furniture, clothes and other personal possessons) may not exceed R75 000 in value.
Some people automatically qualify for legal aid
• If you receive any state grant or old-age pension, you automatically qualify for legal aid. You will need to supply official documentation to prove you receive a state grant or pension
• Children. In criminal cases, they automatically qualify for legal aid.
If it is a civil case, the child’s family will need to pass it.
Legal aid is available to anyone who lives in South Africa (not only citizens) if the case
• Is criminal
• Involves children
• In civil cases, legal aid is not available to non-citizens.
If you qualify for legal aid, and they have agreed to represent you, you will not have to pay for anything. In fact, Legal Aid South Africa’s lawyers may not ask or be paid any money when they assist you with your case.
If this does happen, you should report the lawyer by calling the Ethics Hotline on
0800-20-44-73.
Although you don’t pay for legal aid if you should win a civil case, they will deduct the money that the court grants to pay for costs and benefits.
They also consider special legal cases. Legal Aid South Africa tries to help as many people as possible.
You can appeal their decision to refuse legal aid. Once you notify them, they will give you a form to complete and information on what you should do.
